Current through Register Vol. 46, No. 12, March 20, 2024
(a) Composition. Pursuant to section
139 of the Correction Law, a facility's IGRC
must be a five-member body consisting of two voting inmates, two voting staff
members, and a non-voting chairperson. The non-voting chairperson may be an
inmate, staff member, or a volunteer associated with the facility's program.
There shall be at least two alternate inmate representatives, two alternate
staff representatives, and four non-voting chairpersons in each facility.
(1) From time to time, or prior to the
establishment of a new IGRC, the superintendent shall determine whether an
institution's size warrants additional alternates or non-voting
chairpersons.
(2) The IGP
supervisor supervises and coordinates the IGP activities of each inmate and
staff representative, clerk and chairperson.
(b) IGRC inmate representatives and clerks.
(1) Minimum qualifications.
(i) An inmate must have completed high school
or obtained a G.E.D. equivalency certificate to be eligible to function as an
IGRC representative or clerk.
(ii)
An inmate testing above the eighth grade level is eligible to participate as an
IGRC representative or clerk as long as he or she is enrolled in one unpaid
module of school and remains enrolled in school until a G.E.D. certificate is
earned.
(2) Selection of
inmate representatives. The inmate representatives and alternates shall be
elected by their peers.
(i) The IGP
supervisor shall submit a nomination and election procedure for his/her
facility to the director, IGP, for approval.
(ii) The approved nomination and election
procedure shall be conspicuously posted five working days prior to nominations
being held.
(3) Filling
vacancies between elections.
(i) Alternate
inmate representatives (those placing third or fourth in the most recent
election) will be used to fill vacancies between elections.
(ii) When there is a need for additional
inmate representatives or alternate representatives to complete a term until
the next regular election, the supervisor has the option of: exhausting the
most recent election list in numerical sequence for representatives; having the
current IGRC agree upon the appointment of a new representative who meets with
the approval of the superintendent; or holding another election.
(4) Inmate representative's
tenure. An inmate representative's term shall be six months. Representatives
who are unseated will return to their former job assignments whenever feasible.
However, leave of absence from a former job assignment may not exceed seven
months. The inmate representative's position is a full-time assignment unless
otherwise authorized in writing by the director, IGP.
(c) Removal of inmate representatives.
(1) Before an elected inmate representative
or an inmate representative who has permanently replaced an elected
representative of the IGRC may be removed from his/her position on the
committee or transferred to another facility, a limited due process hearing
must be held. When the inmate is served with the notice of charges, the notice
must indicate that the affirmation of these charges may result in removal from
the IGRC. This hearing may be a disciplinary Tier III hearing or an IGRC
impeachment hearing (procedurally the same as a Tier III hearing; see Part 254
of this Title). The hearing determines whether or not the representative should
be removed from his/her representative position and for how long he/she should
be precluded from holding a representative position. Although other sanctions
may result from a disciplinary Tier III hearing, no other sanctions may result
from an IGRC impeachment hearing.
(2) If an elected inmate representative or
inmate representative who has permanently replaced an elected representative of
the IGRC requests a transfer out of his/her facility or reassignment to another
program, the inmate must sign a resignation vacating the protection afforded
the representatives prior to realizing that transfer or reassignment.
(3) In order to prevent improper transfers of
IGRC representatives, the following identification procedures must be followed:
(i) The IGP supervisor or the superintendent
shall notify the following within 24 hours of an inmate's election or
appointment as an IGRC representative:
(a)
director of the IGP;
(b)
superintendent;
(c) first deputy
superintendent;
(d) all deputy
superintendents;
(e) inmate records
coordinator;
(f) review officer -
disciplinary.
(ii) To
identify an inmate as an IGRC representative and alert any reader that this
inmate may not be transferred without a due process hearing, a conspicuous
non-permanent marker shall be attached to or provided for:
(a) the guidance and counseling unit
folder;
(b) the inmate records
coordinator's office folder/card; and
(c) the disciplinary office.
(iii) When an inmate is no longer
a full-time representative, the IGP supervisor or the superintendent is
responsible for notifying the individuals listed in subparagraph (i) of this
paragraph, and for removing the identifying marker from the locations listed in
subparagraph (ii) of this paragraph, within 24 hours.
(iv) If an inmate representative's presence
or conduct at a facility creates an emergency and transfer is immediately
necessary to protect the facility or its personnel, the superintendent shall
notify the superintendent of the receiving facility of the need to conduct the
limited due-process hearing as soon as practicable, shall provide the
superintendent of the receiving facility with all documentation necessary to
hold such a hearing and shall notify the director of the IGP, of the transfer.
These actions shall be taken within 24 hours of the inmate representative's
transfer.
(d)
Staff IGRC representatives. Staff representatives and alternates shall be
selected by the superintendent from an established list of personnel who have
successfully completed a training course designed specifically for individuals
who will be serving as IGRC representatives. In order for the IGP to function
effectively and in accordance with specified time limits, the superintendent
must ensure that trained staff coverage is made available to the IGP.
(e) Representatives' job duties. Both the
inmate and staff IGRC representatives are responsible for the job duties
enumerated in the IGP Training Manual under the supervision of the IGP
supervisor.
(f) IGRC chairperson
selection. Chairpersons for IGRC hearings shall be selected by the IGP
supervisor from a list submitted by the IGRC representatives.
(g) Grievance clerks.
(1) A grievance clerk and such additional
clerks as may be needed shall be selected by the IGP supervisor after
consultation with the superintendent.
(2) At the conclusion of their IGP
assignments, clerks will be reinstated to their former job assignments whenever
feasible. Clerks may be reasonably assured of reinstatement for a period of 12
months.
(3) The clerks shall report
to and take direction from the IGP supervisor.
(4) If the supervisor has personal knowledge
or reliable information of adverse behavior on the part of a clerk, he/she
shall recommend dismissal setting forth the reasons in writing to the
superintendent. The superintendent shall forward a recommendation, accompanied
by a copy of the supervisor's report, to the director of the IGP. The clerk
will be suspended pending the director's decision.