New York Codes, Rules and Regulations
Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
Chapter VIII - Institutional Programs
Part 702 - Inmate Grievance Program Modification Plan
Section 702.4 - Procedures
Universal Citation: 7 NY Comp Codes Rules and Regs ยง 702.4
Current through Register Vol. 46, No. 12, March 20, 2024
(a) First step.
(1) Inmate grievance forms shall be made
available to any inmate through the facility's duty office within 24 hours of
request.
(2) The inmate may seek
assistance from any other inmate or staff member.
(3) The completed grievance form shall be
transmitted to the designated staff person who shall attempt to help resolve
the grievance informally. At shock incarceration facilities an inmate may, if
appropriate, air his or her grievance during a scheduled evening network
community meeting in an attempt to resolve it informally.
(4) If the grievance cannot be resolved
informally the designated staff shall convene an IGRC hearing within 16
calendar days from the date the grievance was received by that staff person.
The IGRC shall be composed of two staff representatives appointed by the
superintendent, two inmates selected by the grievant, and a non-voting chair
person designated by the superintendent or designee.
The Department of Corrections and Community Supervision proposes to amend 7 NYCRR Section 702.4(a)(5):
(5) At the IGRC hearing, the inmate, the
advisor, and the other par- ties shall hear the grievance and the IGRC shall
render a decision/ recommendation.
The Department of Corrections and Community Supervision proposes to amend 7 NYCRR Section 702.4(b)(1):
(b) Second step.
(1) Within seven calendar days of receiving
the written decision/ recommendation by the IGRC on the grievance complaint
form, the inmate or any direct party to the grievance may appeal the IGRC
decision/recommendation to the superintendent by filing an appeal with the
person designated by the superintendent. If no appeal is filed, it will be
presumed that the inmate or direct party accepts the committee's decision/
recommendation.
The Department of Corrections and Community Supervision proposes to amend 7 NYCRR Section 702.4(c)(1):
(2) The normal procedure for step two
(section
701.5[c]
of this Title) shall then be followed.
(c) Third step.
(1) Within seven calendar days after receipt
of the superintendent's written response to the grievance, the inmate or any
direct party to the grievance may appeal the superintendent's action to the
Central Office Review Committee (CORC) by completing the Notice of Decision to
Appeal and returning it to the person designated by the superintendent.
(2) The normal procedure for step
three (section
701.5[c]
of this Title) shall then be followed.
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