Current through Register Vol. 45, No. 52, December 27, 2023
(a)
Advisors. An inmate may present or appeal a grievance unaided, or may be
advised or assisted by a staff member or another inmate of his/her choosing
subject to the restrictions set forth in sections
701.2(h)
and
701.7(c)(3)
of this Part. At the discretion of the superintendent, inmate advisors for
keeplocked inmates may be limited to inmate clerks or inmate representatives on
the IGRC and keeplocked inmates may be prohibited from serving as advisors to
other inmates.
(b) Reprisals
prohibited. No reprisals of any kind shall be taken against an inmate or
employee for good faith utilization of this grievance procedure. An inmate may
pursue a complaint that a reprisal occurred through the grievance mechanism. A
grievant shall not receive a misbehavior report based solely upon an allegedly
false statement made by the inmate to the grievance committee.
(c) Objection to IGRC representative. No
inmate will take part in the resolution of a grievance over a grievant's
objection. If a grievant objects to both inmate representatives and both
alternate inmate representatives, then the two staff representatives shall hold
the hearing. An inmate representative may not function as a voting
representative at a hearing on his/her grievance. An alternate inmate
representative must be utilized. A staff representative may not function as a
voting representative at a hearing on a grievance in which that staff person is
a direct party. An alternate staff representative must be utilized.
(d) IGRC access/movement within the
institution.
(1) A pass system (institutional
or point to point) which permits inmate representatives, and grievance clerks
to perform their IGP duties shall be developed in accordance with
specifications established by the superintendent. Security restrictions will
preclude inmates from entering certain areas of the facility.
(2) At any facility where a pass system is
not feasible, the superintendent must develop a procedure to ensure that the
IGRC can obtain necessary information, keep within established time frames and
maintain confidentiality. This procedure must be in writing and approved by the
director, IGP.
(3) Upon written
recommendation of the IGP supervisor and with the approval of the director,
IGP, the superintendent may restrict or remove a specific inmate's IGRC pass
privileges.
(e) IGRC
interviews of employees.
(1) Formal
interviews with staff members, if necessary to an IGRC investigation, should be
conducted jointly by an inmate and a staff representative whenever feasible.
Employees should be questioned in a diplomatic and non-adversarial
manner.
(2) If inmate
representatives cannot accompany staff representatives on an investigation
because of security restrictions, and if interviews cannot be conducted in the
grievance office or through less formal means (e.g., by telephone), the inmate
representatives shall provide the staff representatives with the questions they
would like answered. The staff representatives shall make every effort to
obtain answers for the inmate representatives.
(f) Code of ethics.
(1) A code of ethics (see section
701.11 of this
Part) for IGRC staff and inmate representatives, clerks, and chairpersons has
been established to strengthen the credibility and effectiveness of the IGP.
Violations of this code may result in removal from the IGP.
(2) Inmate representatives may be removed
from the committee only in accordance with procedures set forth in section
701.4(c)
of this Part.
(3) The IGP
supervisor is responsible for insuring that the full-time and alternate IGRC
representatives have read, understand and received a copy of the code of
ethics.
(g) Time limit
exceptions and extensions.
(1) Time limit for
filing a grievance or appeal:
(i) An inmate
may request an exception to the time limit for filing a grievance, or for
filing an appeal to the superintendent or to CORC. Such a request shall be in
writing and shall be submitted to the grievance clerk with the grievance or
appeal the inmate wishes to file.
(a) The IGP
supervisor may grant an exception to the time limit for filing a grievance
based on mitigating circumstances (e.g., timely attempts to resolve a complaint
informally by the inmate, etc.). An exception to the time limit may not be
granted if the request was made more than 45 days after an alleged
occurrence.
(b) The IGP supervisor
may grant an exception to the time limit for filing an appeal of an IGRC or
superintendent's decision based on mitigating circumstances (e.g., failure to
implement action required by the IGRC or superintendent's decision within 45
days, etc.). An exception to the time limit may not be granted if the request
was made more than 45 days after the date of the decision unless the late
appeal asserts a failure to implement the decision.
(ii) An inmate may pursue a complaint that an
exception to the time limit was denied by filing a separate
grievance.
(2) Time
limit for IGP action. Time limit extensions may be requested at any level of
review (e.g., time limits for holding an IGRC hearing, answering a grievance or
an appeal, etc.), but such extensions may be granted only with the written
consent of the grievant. Absent such extension, matters not decided within the
time limits may be appealed to the next step.
(h) Processing grievances and appeals after
transfer.
(1) Any response to a grievance
filed by an inmate who has been transferred shall be mailed directly to that
inmate, via privileged correspondence, at his/her new facility or
location.
(2) An inmate transferred
to another facility may continue an appeal of any grievance. If the grievant
wishes to appeal, he or she must mail the signed appeal form back to the IGP
supervisor at the facility where the grievance was originally filed within
seven calendar days after receipt. The IGP supervisor will refer it to the
facility grievance clerk for processing.
(i) Processing grievances pending at release
or parole. A grievance pending at the time an inmate has been released or
paroled shall be processed as follows:
(1) If
the IGRC majority determines that the grievance affects other members of the
facility population and encompasses an issue that has not been reviewed by CORC
within a year, the IGRC shall provide a recommendation and forward the case to
the superintendent for a determination. If the grievance affects only the
grievant and encompasses an issue that has been reviewed by CORC within a year,
it is subject to dismissal under section
701.5(b)(4)
of this Part.
(2) The
superintendent shall answer any grievance received pursuant to paragraph 1
above and any appeal pending at the superintendent's level. The superintendent
shall make a recommendation in the case of any departmental grievance (as
defined in section
701.5[c][3][i]
of this Part) and forward it to the IGP supervisor. The superintendent shall
make a determination in all other cases.
(3) Upon receipt of the superintendent's
response, the IGP supervisor shall forward all case materials to the CORC for a
final disposition.
(j)
Procedures for transient inmates. Each correctional facility housing a
reception/classification/transit inmate population must develop and implement a
written procedure insuring all inmates access to the IGP. This procedure must
be approved by the director, IGP.
(k) File maintenance/confidentiality.
(1) Grievance files will be maintained in a
specific area for use by the IGRC and the grievance clerk. No copies of
grievance documents may go into the grievant's central file or facility file
without the grievant's direct written consent. Likewise, no copies of grievance
documents may go into an employee's file without the direct written consent of
the employee. No grievance documents shall be disseminated to persons other
than the grievant, a direct party, or an individual involved in the review
process without the approval of the IGP supervisor. Any requests for grievance
documents by the grievant or any direct party may be addressed through the
Freedom of Information Law (FOIL) as outlined in Part 5 of this
Title.
(2) The superintendent is
responsible to ensure the confidentiality and maintenance of grievance records.
Complete grievance records must include the original grievance, responses from
each level of review, the investigation, referenced documentation and
verification of implementation, when appropriate.
(3) Grievance files shall be preserved for
the current calendar year, plus the previous four calendar years.
(l) IGRC reference materials. The
IGRC at each facility is responsible for maintaining an up-to-date set of code
"A B" departmental directives and a set of the IGP monthly index of written
opinions. A copy of the IGP monthly index of written opinions must also be
maintained in the facility law library.
(m) Emergencies. The IGP supervisor shall
refer any grievance of an emergency nature directly to the appropriate response
level (superintendent or CORC) having authority to issue an immediate or
expeditious and meaningful response. An emergency shall include, but is not
limited to, a situation, action, or condition in which an inmate's or an
employee's health, safety, or welfare is in serious threat or danger. The
supervisor will determine if a grievance falls within this category.