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DEPARTMENT ORDER MANUAL |
DEPARTMENT ORDER: 802 INMATE GRIEVANCE SYSTEM |
SUPERSEDES: See Attachment F |
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| EFFECTIVE DATE: March 3, 2000 |
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TABLE OF CONTENTS
| PURPOSE | |
| RESPONSIBILITY | |
| PROCEDURES | |
| 802.01 | GENERAL INFORMATION |
| 802.02 | EVALUATION AND ANNUAL REVIEW |
| 802.03 | GENERAL RESPONSIBILITY |
| 802.04 | INMATE ACCESS TO INFORMATION AND ASSISTANCE |
| 802.05 | INMATE USE OF THE GRIEVANCE SYSTEM |
| 802.06 | INMATE ABUSE OF THE GRIEVANCE SYSTEM |
| 802.07 | GENERAL PROCEDURE |
| 802.08 | INFORMAL RESOLUTION |
| 802.09 | STANDARD GRIEVANCE |
| 802.10 | EMERGENCY GRIEVANCE |
| 802.11 | MEDICAL GRIEVANCE |
| 802.12 | STAFF GRIEVANCE |
| 802.13 | GRIEVANCE OF DEPARTMENT WRITTEN INSTRUCTION |
| 802.14 | PROCEDURAL EXCEPTION |
| ATTACHMENTS |
The Deputy Director for Prison Operations shall:
The Assistant Director for Inmate Health Services shall:
The Assistant Director for Human Resources/Development shall ensure that:
802.01 GENERAL INFORMATION 1.1.1 Inmates may use the grievance process for the
following issues: 1.1.1.1 Property, staff, visitation, mail, food service, institutional
procedures, Department Written Instructions, program access, medical care,
religion and conditions of confinement. 1.1.2 The Institution/Unit Grievance Coordinator shall forward medical
grievances to the Facility Health Administrator. 1.1.3 Inmates shall attempt to resolve all allowed grievance issues
informally before submitting a formal grievance. 1.1.4 Inmates shall completely exhaust the internal grievance process as
outlined in this Department Order prior to filing any complaint with any state
board. 1.1.5 Time computation issues shall be addressed first by
submitting an Inmate Letter to the inmate's assigned institution Offender
Information Unit. 1.2 Appeals 1.2.1 Inmates may appeal any decision, at any level until the Department's
administrative remedies have been exhausted. Patterns of abuse of the inmate
grievance system shall be managed in accordance with section 802.06. 1.2.2 Inmates shall submit the originals of all grievance forms at
any level of appeal, regardless of the category of the grievance. 1.2.3 Inmates may not use the inmate grievance system for classification,
discipline issues, or any other system which has its own unique appeal
process. 1.2.4 This Department Order shall be made available in Spanish. Assistance
with the grievance procedure shall be provided for inmates who are visually
impaired, who do not speak or read Spanish or English, or otherwise require
the assistance of an interpreter. 1.2.5 All Wardens, Deputy Wardens, or Administrators shall appoint an
Institution/Unit Grievance Coordinator, through whom all grievances shall be
processed. 1.2.6 The Director, Wardens or Deputy Wardens may assign a designee to
fulfill their responsibilities in addressing inmate grievance appeals. 1.3 Monthly Reports - Grievance Coordinators shall: 1.3.1 Provide by means of the Monthly Statistical Report, data concerning
the number of grievances filed, type of grievances, and the status of the
grievances for that month. 1.3.2 Retain a hard copy of the data provided for the Monthly Statistical
Report for file purposes. 1.3.3 Submit a written log of inmate grievances received by their assigned
Deputy Warden by the tenth workday of each month. 802.02 EVALUATION AND ANNUAL REVIEW 1.2 The Central Office Grievance Appeals Officer shall conduct an annual
assessment of the effectiveness of the Inmate Grievance System. Any
comments/complaints received from staff and/or inmate(s) concerning the Inmate
Grievance System shall be addressed within the comments section of the
assessment report. 1.2.1 The report shall be prepared for the Director by the 20th
day of February. 1.2.2 The Central Office Grievance Appeals Officer shall maintain, at a
minimum, copies of the previous two years annual assessment reports on file. 1.3 The Deputy Director for Prison Operations shall review the annual
assessment report and determine if any corrective action is needed. 1.3.1 Dissemination of the annual assessment of the inmate grievance system
shall be at the discretion of the Director and/or Deputy Director of Prison
Operations. 802.03 GENERAL RESPONSIBILITY 1.2 The Wardens and Deputy Wardens of each Institution/Unit shall: 1.2.1 Appoint a Programs or Security Staff member to act as the
Institution/Unit Grievance Coordinator. 1.2.2 When required, appoint an Ad Hoc Grievance Advisory Committee for the
specific purpose of reviewing and providing recommendations concerning a
grievance of a Department Written Instruction. 1.3 The Institution/Unit Grievance Coordinator shall: 1.3.1 Maintain a supply of all grievance system forms. The forms shall be
made available to inmates in all custody levels at all facilities. 1.3.2 Log all grievances and appeals at any level on Form 802-9P, Unit
Coordinator Grievance Log. 1.3.3 Assign a case number to all properly submitted grievances filed and
ensure that the number is consistent on all forms/documents and appeal
applications. 1.3.4 Attempt to resolve all grievances at the immediate level and document
all efforts pursued to resolve the issue. 1.3.5 Maintain a grievance file with all records regarding the filing and
disposition of each grievance received, including Department grievance forms
and any attachments. 1.3.6 All records shall be maintained for three years following final
disposition of the grievance, secured as confidential, and shall be released
only pursuant to law and Arizona Department of Corrections Written
Instruction. 1.4 The Central Office Grievance Appeals Officer shall maintain records
containing all information concerning inmate grievances appealed to the
Director, in accordance with section 1.3.6 of this section. 1.5 The inmate's assigned CO III shall assist the inmate with completing any
grievance form, if the inmate is incapable of completing the grievance form
without assistance. 802.04 INMATE ACCESS TO INFORMATION AND
ASSISTANCE 1.2 This Department Order shall be available in English, Spanish and any
other language spoken by ten percent of the inmate population. Inmates who do
not speak a language spoken by a significant portion of the inmate population,
as well as those inmates who are visually, or otherwise impaired, shall be
assisted by their assigned CO III. Assistance shall include explanations about
how a grievance is filed, resolved, and appealed, as well as the completion of
forms. 1.3 In the course of resolving an inmate grievance complaint, the Grievance
Coordinator and/or staff assigned to respond to the grievance shall have access
to records essential to the resolution of the grievance. 802.05 INMATE USE OF THE GRIEVANCE SYSTEM -
PROTECTION AGAINST REPRISAL 1.2 Inmates who utilize the inmate grievance process in good faith shall not
be harassed, punished or disciplined for taking such action. 1.2.1 Employees who fail to comply with this Department Order may be
subject to disciplinary action in accordance with Department Order 508, Employee
Discipline. 1.3 Inmate grievances shall not be placed in the inmate's institutional or
master record file. All documents generated during the course of a grievance
shall be placed in the grievance file maintained by the appropriate Grievance
Coordinator. 802.06 INMATE ABUSE OF THE GRIEVANCE SYSTEM 1.2 The notice shall: 1.2.1 Contain specific reasons for the decision. 1.2.2 Notify the inmate that administrative remedies have been exhausted
and that future grievances demonstrating a continued pattern of abuse shall be
returned to the inmate, by the Grievance Coordinator, and shall not be subject
to appeal. 1.3 Future grievances demonstrating a continued pattern of abuse shall be
logged, assigned a case number, and returned to the inmate, with the issue
unanswered. For these grievances, an explanation shall be entered in the log and
on the grievance as to why the grievance is being returned. The Coordinator
shall inform the appropriate management level of such action. 802.07 GENERAL PROCEDURE 1.2 Employees who are authorized to accept a grievance or appeal shall: 1.2.1 Sign and date the grievance form in the space provided. 1.2.2 Provide the inmate with the appropriate copy of the grievance and/or
grievance appeal form. 1.2.3 Forward remaining grievance forms and supporting documents to the
appropriate Institution/Unit Grievance Coordinator. 1.2.4 The maximum length of time for completion of the grievance process is
100 calendar days, from initiation to final disposition. Expiration of the
time limit at any level in the process shall entitle the inmate to proceed to
the next review level, unless the inmate agrees in writing to an extension. 1.3 Staff shall respond to all properly filed grievances. All responses shall
be written and contain specific reasons for any decision. Responses shall also
provide instructions for requesting an appeal, if applicable. 1.4 All written responses to a grievance shall be legibly signed and dated
by the staff member making the response. 1.4.1 Telephone interviews with an inmate in order to investigate a
complaint may be arranged through the Institution/Unit Grievance Coordinator,
and/or the inmate's assigned CO III. 1.5 Except for the Director, no person involved in a grievance in any manner
shall participate in making the decision concerning the grievance. 802.08 INFORMAL RESOLUTION - The Inmate
shall: 1.1 Attempt to resolve all issues informally, prior to filing a formal
grievance by submitting the complaint to their assigned CO III on an Inmate
Issue/Response, Form 916-1P, within ten workdays of the action that caused the
complaint. 1.1.1 Failure to submit an Inmate Issue/Response to their
assigned CO III for informal resolution within ten working days of the action
that caused the complaint, shall result in the inmate's
forfeiture of the opportunity to pursue a formal grievance through the
Department's Inmate Grievance system. 1.1.1.1 Informal resolution is not required if submission of the
grievance is made in compliance with a court order directing the inmate to
exhaust administrative remedies. 1.2 Inmates shall begin the Inmate Issue/Response with the following
statement, "I am attempting to informally resolve the following
problem." 1.3 The CO III shall: 1.3.1 Investigate and attempt to resolve the complaint informally. 1.3.2 Provide a response to the inmate, on the Inmate Issue / Response
within ten workdays of receipt of the complaint. 1.4 If the problem cannot be resolved informally the inmate may
submit a formal Inmate Grievance, Form 802-1P, to the Institution/Unit Grievance
Coordinator for review. 802.09 STANDARD GRIEVANCE - (See
Attachment A.) 1.1 Filing the Grievance 1.1.1 The inmate shall attempt to resolve the complaint informally as
outlined in section 802.08, prior to filing a formal grievance. 1.1.2 The inmate shall submit the formal grievance within ten calendar days
from the date the inmate received the Inmate Request/Response form from their
CO III. 1.1.3 The inmate shall provide, in writing on the Inmate Grievance form #802-1P, the following: 1.1.3.1 A description of the grievance. 1.1.3.2 Any informal attempts made to resolve the problem. 1.1.3.3 Action(s) which can be taken to resolve the problem. 1.1.4 The inmate shall provide the original copies of documentation
essential to the resolution of a grievance, responses to form 916-1P from
their CO III, property forms, receipts, statements, etc. 1.1.5 Only one complaint per grievance shall be addressed. 1.1.5.1 Aggregate grievances filed by two or more inmates on the same
Inmate Grievance form shall be returned to the inmate(s) unprocessed. 1.1.6 Grievances that do not specify the inmate's attempt at informal
resolution shall be returned to the inmate "unprocessed" with
instruction for proper completion. 1.1.6.1 A grievance case number shall not be assigned to an unprocessed
form. 1.1.6.2 The Coordinator shall advise the inmate that he can correct the
problem and what steps are needed to resubmit the grievance. (NOTE:
All time frames still apply.) 1.1.7 Substantiated claims involving property loss and/or damage by staff
may be recommended for reimbursement to Risk Management by the
Institution/Unit Grievance Coordinator, Warden, Deputy Warden, Bureau
Administrator or the Director. 1.2 Review by Institution/Unit Grievance Coordinator 1.2.1 The Institution/Unit Grievance Coordinator shall log in the grievance
upon receipt and within 20 calendar days, attempt to resolve the grievance.
All efforts to resolve the grievance shall be documented in the response to
the inmate, including the basis of any decision. 1.2.2 In addition to the response, the Coordinator shall include
instructions to the inmate that he/she may appeal all the administrative
decisions up to this point to the Warden or Deputy Warden by requesting appeal
on the Inmate Grievance Appeal form 802-3P. 1.3 Appeal to the Warden, Deputy Warden 1.3.1 If the inmate wishes to appeal the Institution/Unit Coordinator's
response, he/she may do so by appealing to the Warden, Deputy Warden within
ten calendar days of receipt of grievance form 802-1P when returned from the
grievance coordinator. 1.3.2 The inmate shall submit the appeal on the Inmate Grievance Appeal,
form 802-3P, and all original documentation, to the Institution/Unit Warden,
Deputy Warden via Institutional Grievance Coordinator. 1.3.3 Within 20 calendar days of receipt of grievance form 802-3P, the
Warden, Deputy Warden shall review the grievance and provide a written
response to the inmate, specifying the reasons for any decision. The response
shall be returned to the inmate through the Institution/Unit Grievance
Coordinator or the inmate's assigned CO III. 1.3.4 In addition to the response, the Warden, Deputy Warden shall include
instructions to the inmate that he/she may appeal all the administrative
decisions up to this point to the Director. 1.4 Appeal to the Director 1.4.1 If the inmate wishes to appeal the Warden's, Deputy Warden's
response, he/she may do so by appealing to the Director within ten calendar
days of receipt of grievance form 802-3P from the Warden, Deputy Warden. 1.4.2 The inmate shall submit the appeal, and all original documentation,
to the Institutional/Unit Grievance Coordinator, who shall promptly forward
the appeal to the Central Office Grievance Appeals Officer for the Director's
review. 1.4.3 Within 30 calendar days of receipt of grievance form 802-3P, the
Director shall review the grievance and provide a written response to the
inmate, specifying the reasons for any decision. The response shall be
returned to the inmate through the Institution/Unit Grievance Coordinator. 1.4.4 The Director's response is final, thus exhausting available
administrative remedies through the Department's Inmate Grievance System for
standard grievances. 802.10 EMERGENCY GRIEVANCE - (See
Attachment B.) 1.1 Filing the Grievance 1.1.1 The inmate shall attempt to resolve the complaint informally as
outlined in section 802.08, prior to filing a formal grievance. 1.1.2 The inmate shall specify on grievance form 802-1P, the exact nature
of the complaint, and the reason why the complaint is considered an emergency. 1.1.2.1 An emergency is a condition that, if processed through the normal
grievance procedures would result in serious physical or psychological harm
to the inmate, or constitute a threat to the safe, secure operation of an
institution or unit. 1.1.3 The inmate shall submit form 802-1P to the Grievance Coordinator, or
the Senior Correctional Officer when the Grievance Coordinator is not on duty. 1.1.3.1 In the absence of the Grievance Coordinator the Senior
Correctional Officer shall determine if the situation meets any of the
conditions outlined in section 1.1.2.1 above and take appropriate action, if
necessary, to ensure the safety of the inmate and/or the continued safe
secure operation of the Institution/Unit. The Senior Correctional Officer
shall then forward form 802-1P to the Grievance Coordinator for further
processing on the next business day. 1.1.4 The Institution/Unit Grievance Coordinator shall determine the
legitimacy of the request to process the grievance as an emergency grievance. 1.1.4.1 If the Grievance Coordinator determines the complaint is not an
emergency, the grievance shall be returned to the inmate within seven
calendar days for submission as a Standard Grievance. 1.2 If the Grievance Coordinator determines the grievance is a legitimate
emergency, the grievance shall be forwarded to the appropriate Warden, Deputy
Warden, or Administrator who shall respond to the inmate in writing within forty
eight hours of receipt. 1.2.1 The time for response by the Warden, Deputy Warden, or Administrator
may be extended by the Institution/Unit Grievance Coordinator for an
additional 48 hours. The inmate shall be informed in writing of the time
extension by the Institution/Unit Grievance Coordinator. 1.2.2 If the Warden, Deputy Warden, or Administrator determines the
complaint is not appropriate as an emergency grievance, the grievance shall be
returned to the inmate through the Institution/Unit Grievance Coordinator for
submission as a standard grievance. The written response shall specify why the
complaint is inappropriate as an emergency grievance. The inmate has ten
calendar days in which to pursue his/her complaint as a standard grievance. 1.3 The Institution/Unit Grievance Coordinator shall ensure that the response
is hand delivered to the inmate and that the appropriate copy of the grievance
is properly logged and filed. 1.4 Appeal to the Director 1.4.1 The inmate may appeal an emergency grievance, within five calendar
days from receipt of the response, to the Director through the
Institution/Unit Grievance Coordinator, who shall promptly forward the appeal
to the Central Office Grievance Appeals Officer for the Director's review. 1.4.2 If considered a legitimate emergency grievance, the inmate shall be
advised in writing within ten calendar days of the decision by the Director. 1.4.3 The Director's response is final, thus exhausting available
administrative remedies through the Department's Inmate Grievance System for
emergency grievances. 802.11 MEDICAL GRIEVANCE - (See
Attachment C.) 1.1 Filing the Grievance 1.1.1 The inmate shall attempt to resolve the complaint informally, prior
to filing a formal grievance, in accordance with the procedure outlined in
section 802.08. 1.1.1.1 In attempting to resolve the complaint, the inmate's assigned CO
III shall contact the appropriate medical staff for response. 1.1.2 If the complaint remains unresolved, the inmate shall submit the
formal grievance within ten calendar days from the date the inmate receives
the CO III's response to the Inmate Request/Response. 1.1.3 The inmate shall provide, in writing on the Inmate Grievance form #802-1P, the following: 1.1.3.1 A description of the grievance. 1.1.3.2 Any informal attempts made to resolve the problem. 1.1.3.3 Action (s) which can be taken to resolve the problem. 1.1.4 Grievances that fail to document the inmate's attempt to informally
resolve the complaint shall be returned to the inmate "unprocessed"
with instruction for proper completion. 1.2 Review by the Facility Health Administrator 1.2.1 The Grievance Coordinator shall forward grievances of medical issues
to the Facility Health Administrator. Within 30 calendar days of receipt of
the grievance, the Facility Health Administrator shall: 1.2.1.1 Investigate the complaint. 1.2.1.2 Provide the inmate a written response specifying the reason(s)
for the decision. 1.2.1.3 Return the documentation to the inmate through the
Institution/Unit Grievance Coordinator. 1.2.1.4 In addition to the response, the Facility Health Administrator
shall include instructions to the inmate that he/she may appeal all the
administrative decisions up to this point to the Director. 1.2.2 The Facility Health Administrator shall provide copies of all mental
health services related grievances and the responses to the Mental Health
Program Manager. 1.3 Appeal to the Director 1.3.1 If the inmate wishes to appeal the Facility Health Administrator's
response he/she may do so by appealing to the Director within ten calendar
days of receipt of form 802-1P. 1.3.2 The inmate shall submit the appeal with all original documentation to
the Institution/Unit Grievance Coordinator, who shall forward the appeal to
the Deputy Director for Inmate Health Services. 1.3.3 Within 30 calendar days of receipt of the grievance appeal, the
Deputy Director for Inmate Health Services, or designee, shall: 1.3.3.1 Investigate the complaint. 1.3.3.2 Prepare a written response specifying the reason(s) for the
decision. 1.3.3.3 Forward the response to Legal Services for review and comments as
appropriate, who shall then forward the response to the Director. 1.3.4 The Director's signed response shall be returned to the inmate,
through the Deputy Director for Inmate Health Services and/or the
Institution/Unit Grievance Coordinator. 1.3.5 The Director's response is final, thus exhausting available
administrative remedies through the Department's Inmate Grievance System for
medical grievances. 802.12 STAFF GRIEVANCE - (See
Attachment D.) 1.1 Filing the Grievance 1.1.1 The inmate shall attempt to resolve the complaint informally, prior
to filing a formal grievance, in accordance with the procedure outlined in
section 802.08. 1.1.2 If the complaint remains unresolved, the inmate shall submit the
formal grievance within ten calendar days from the date the inmate receives
the CO III's response to the Inmate Request/Response. 1.1.3 The inmate shall provide, in writing on the Inmate Grievance Form
802-1P, the following: 1.1.3.1 A description of the grievance. 1.1.3.2 Any informal attempts made to resolve the problem. 1.1.3.3 Action(s) which can be taken to resolve the problem. 1.1.4 Grievances that do not specify the inmate's attempt at informal
resolution shall be returned to the inmate "unprocessed" with
instruction for proper completion. 1.1.5 Grievances shall be logged by the Institution/Unit Grievance
Coordinator and promptly forwarded to the Warden, Deputy Warden or
Administrator for review and response. 1.1.6 The Warden, Deputy Warden, or Administrator shall provide a written
response within 30 calendar days. 1.1.7 The response shall be returned to the inmate through the
Institution/Unit Grievance Coordinator. 1.2 Appeal to the Director 1.2.1 If the inmate wishes to appeal the Warden, Deputy Warden or
Administrator's response, he/she may do so by appealing to the Director within
ten calendar days of receipt of the Warden, Deputy Warden, or Administrator's
response. 1.2.2 The inmate shall submit the appeal on form 802-3P, with all original
documentation to the Institution/Unit Grievance Coordinator, who shall forward
the appeal to the Central Office Grievance Appeals Officer for review by the
Director. 1.2.3 Within 30 calendar days of receipt of the appeal, the Director shall
review the grievance appeal and provide a written response to the inmate,
specifying the reason(s) for any decision. The Director's response shall be
returned to the inmate through the Central Office Grievance Appeals Officer
and/or the Institution/Unit Grievance Coordinator. 1.2.4 The Director's response is final, thus exhausting available
administrative remedies through the Department's Inmate Grievance System for
staff grievances. 802.13 GRIEVANCE OF DEPARTMENT WRITTEN
INSTRUCTION - (See Attachment E.) 1.1 Filing the Grievance 1.1.1 The inmate shall attempt to resolve the complaint informally, prior
to filing a formal grievance, in accordance with the procedures outlined in
section 802.08. 1.1.2 If the complaint remains unresolved, the inmate shall submit the
formal grievance on form 802-1P to the Institution/Unit Grievance Coordinator
within ten calender days of receipt of the Inmate Request/Response form from
their CO III. 1.1.3 The inmate shall provide the original copies of documentation
essential to the resolution of a grievance, responses to form 916-1P, from
their CO III, etc. 1.1.4 Written Instruction Grievances shall pertain only to
complaints that relate to the appropriateness or fairness of Department
Written Instructions. 1.1.5 Written Instructions as used in the Inmate Grievance System include: 1.1.5.1 Department Orders. 1.1.5.2 Director's Instructions. 1.1.5.3 Technical Manuals. 1.1.5.4 Institution and Post Orders. 1.1.6 To qualify as an appropriate Written Instruction Grievance, the
inmate must specifically demonstrate with factual basis that
he/she has been, in some manner, adversely affected by the application or
through the operation of a Written Instruction. 1.1.7 Grievances alleging isolated violations of Department of
Corrections Written Instructions are appropriately handled as complaints
involving one of the previously discussed grievance categories, whichever is
applicable. 1.1.8 Upon receipt of the grievance, the Institution/Unit Grievance
Coordinator shall determine the appropriateness of the grievance by verifying
that the complaint meets the requirements as specified in section 1.1.6 above. 1.1.9 If the grievance does not meet the requirement for a written
instruction grievance the Grievance Coordinator shall process it through the
standard grievance process. 1.2 Referral to Ad Hoc Grievance Advisory Committee 1.2.1 If accepted, the Institution/Unit Grievance Coordinator shall log the
grievance and forward it to the Ad Hoc Grievance Advisory Committee. 1.2.2 The Ad Hoc Grievance Advisory Committee, within 20 calendar days of
receipt of the grievance shall: 1.2.2.1 Review the Written Instruction issue raised in the grievance. 1.2.2.2 Review the Written Instruction. 1.2.2.3 Prepare a written recommendation and forward it to the
appropriate management level, Warden, Deputy Warden, etc. 1.2.2.4 The Ad Hoc Grievance Advisory Committee shall, at a minimum be
comprised of a Warden, Deputy Warden, or designee (rank of Captain or CO
IV), the Institution/Unit Grievance Coordinator and the Institution/Unit
Policy Liaison. Additional staff may join the committee as deemed necessary
by the Warden or Deputy Warden. 1.3 The Warden, Deputy Warden or designee, within 30 calendar days of receipt
of the grievance and recommendation, shall prepare a written response to the
inmate that: 1.3.1 Includes the reason(s) for the decision. 1.3.2 Informs the inmate that further review is available. 1.3.3 Provides the inmate with simple instructions for obtaining this
review. 1.4 Appeal to the Director 1.4.1 If the inmate wishes to appeal the Warden or Deputy Warden's
response, he/she may do so by appealing to the Director within ten calendar
days of receipt of grievance form 802-1P from the Warden or Deputy Warden. 1.4.2 The inmate shall submit the appeal on Form 802-3P, and all original
documentation, to the Institutional/Unit Grievance Coordinator who shall
promptly forward the appeal to the Central Office Grievance Appeals Officer
for the Director's review. 1.4.3 Within 30 calendar days of receipt of grievance form 802-3P, the
Director shall review the grievance and provide a written response to the
inmate, specifying the reasons for any decision. 1.4.4 The Director's response shall be returned to the inmate through the
Institution/Unit Grievance Coordinator. 1.4.5 The Director's response is final, thus exhausting available
administrative remedies through the Department's Inmate Grievance System for
Department Written Instruction grievances. 802.14 PROCEDURAL EXCEPTION - INMATE TRANSFERS 1.1.1 The inmate may appeal the decision by requesting review by the
previous Warden, Deputy Warden, or Administrator. The appeal request shall be
submitted through the Grievance Coordinator at the gaining institution. 1.2 Upon receipt of a response from the previous Warden, Deputy Warden or
Administrator, the inmate may request further review by the Director. In this
case, the inmate shall submit his/her request through the gaining Grievance
Coordinator, who shall forward the request to the Central Office Grievance
Appeals Officer. 1.3 Inmate grievances alleging property losses or damages during transfer
shall be investigated and fully administered by the Grievance Coordinator of the
facility where the inmate files the grievance. 1.3.1 The Warden or Deputy Warden at the gaining Institution/Unit shall
provide a response to the inmate, on the Inmate Request/Response-Request for
Review form within ten workdays of receipt of the complaint. All efforts to
resolve the grievance shall be documented in the response to the inmate,
including the basis for any decision. Attachment A - Standard Grievance
Process Attachment B - Emergency Grievance
Process Attachment C - Medical Grievance
Process Attachment D - Staff Grievance Process Attachment E - Department Written
Instructions Grievance Process Attachment F - Supersedes FORMS LIST 802-2PS, GF-1 Inmate Grievance (Spanish) 802-3P, GF-2 Inmate Grievance Appeal 802-4PS, GF-2 Inmate Grievance Appeal(Spanish) 802-5P, GF-3 Inmate Grievance/Investigation Report 802-6PS, GF-3 Inmate Grievance/Investigation Report (Spanish) 802-7P, GF-4 GF- Supplement 802-8PS, GF-4 GF- Supplement (Spanish) 802-9P, GF-5 Unit Coordinator Grievance Log The Deputy Director for Prison Operations shall: Ensure this Department Order is available in Spanish. Ensure that this Department Order is available in any other language, other
than English or Spanish, spoken by 10% of the statewide inmate population. DEPARTMENT WRITTEN INSTRUCTION GRIEVANCE - A complaint
written specifically to address a Written Instruction and difficulties
associated with or related to its application. EMERGENCY GRIEVANCE -A complaint that if processed through
the normal grievance procedures would result in serious physical or
psychological harm to the inmate, or constitute a threat to the safe, secure
operation of an institution or unit. INFORMAL RESOLUTION - Any attempt to resolve a complaint
prior to attempting to resolve the issue through a formal process. MEDICAL GRIEVANCE - A complaint related to health care
issues including but not limited to medical, dental, psychological, psychiatric
services, and related medical staff. STAFF GRIEVANCE - A complaint of improper and/or
unauthorized activities on the part of any Department staff member. A Department
staff member is defined as any person compensated for working full-time, part
time or under temporary appointment, or providing services under volunteer,
internship or contractual arrangement with the Department. STANDARD GRIEVANCE - A complaint related to issues of
property, visitation, mail, food service, conditions of confinement, program
access, or religion. UNPROCESSED - A condition which results from the paper work
addressing a particular issue being returned to an inmate without being assigned
a case number or being processed in any manner. 28 CFR Part 40, Order 957-81, Standards for Inmate Grievance Procedures.
Attachment A - Standard
Grievance Process
Attachment B - Emergency Grievance
Process
Attachment C - Medical Grievance
Process
Attachment D - Staff Grievance
Process
Attachment E - Written Instruction Grievance
Process SUPERSEDES Department Order 802, Inmate Grievance System, supersedes the
following: Directors Instruction #5, Inmate Grievance System IMP 103.3.2, Inmate Grievance System, (05/30/94)