INMATE GRIEVANCE
PROCESS
PRESENTED TO:
THE BLUE RIBBON COMMITTEE 12-5-15
DEPARTMENT OF CORRECTION
POLICY #14.05
Policy
• To provide a viable complaint
•
process to all inmates, which will
allow systematic redress of
conditions relating to
•
confinement.
• To provide inmates with a
documented means of
•
communicating appeals and
complaints.
• To afford inmates due process
and access to Administrative Staff.•
• To provide a method of
monitoring possible problem
areas.
Purpose
To provide a grievance and
appeal process in accordance
with Title 15.
To encourage internal problem
solving at the level of most direct
inmate contact.
To allows the administration to
review, policy, procedure,
practice, staff conduct &
performance.
To provide written
documentation of inmate
complaints.
Inmates are informed
about the Grievance
Process in the
orientation video and
it is also explained in
the Inmate Rulebook,
which is issued to each
inmate during their
initial processing. The
rulebook is also posted
in the inmate housing
areas.
WHAT IS AN INMATE GRIEVANCE?
• An inmate complaint arising from a circumstance or
condition related to his or her confinement.
• Inmates may grieve ANY condition of confinement over
which the Department has control.
• Examples:
•
•
•
•
•
•
•
Medical Care
Staff Conduct
Classification Actions
Disciplinary Actions
Recreation Time Periods
Food, Clothing, Bedding, Etc.
Or ANY OTHER problem, issue or concern an inmate may have.
• Who can file a grievance? -Any Inmate
WHAT IS A COMPLAINT?
POLICY #1.19
• An allegation that misconduct may have been
committed by Department personnel (sworn or
non-sworn).
• Can be filed by anyone, on anyone’s behalf.
• May come in any format: complaint form, grievance, letter,
phone call, etc.
• What is misconduct?
• Commission of a criminal offense.
• Violation of County or Department Policies, rules,
regulations, procedures or orders.
• Negligence in the performance of duties.
• Conduct which reflects unfavorably upon the Department,
County, County Service or its personnel.
TWO TYPES OF COMPLAINTS
Low Level Violations
Serious Violations
• Violations of Rules and
Regulations involving
wrongdoings that are not
egregious or serious in
nature.
• Policy Infraction
• Criminal Offenses
• A deviation from Policy or
Procedure that may have a
major negative impact.
• The Use of Unnecessary or
Excessive Force
• Abuse of Authority
• Dishonesty or Moral Turpitude
• Sexual Harassment
• Deprivation of Rights
• Mental Abuse
• Must be addressed through the
Formal Discipline process.
• A deviation from policy or
procedure that may have
a low level negative
impact.
• Discourtesy, Rudeness
• Can be addressed with
Corrective Action.
IS THERE A DIFFERENCE BETWEEN A
GRIEVANCE AND COMPLAINT?
• Grievances and Complaints differ in both definition and
in how they are processed and addressed. However,
often times the Department receives grievance matters
in a complaint format and a complaint matter in a
grievance format.
• As such, the Department has a review process in place
to screen grievances and complaints at intake and refer
them to the right entity for the appropriate disposition.
• Divisions will refer complaints listed on a grievance to IAU for
investigation.
• IAU will refer a grievance matter to a Division for processing.
• The Department’s primary goal is to ensure that we keep
all avenues open to receive both grievances and
complaints. Therefore, it does not concern itself with the
manner in which the grievance or complaint is received.
INMATE GRIEVANCE PROCESS IN BRIEF
• While the Department prefers that inmates submit
their grievances on an Inmate Grievance Form, the
inmate may submit their issue via any means
available.
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•
•
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Grievance Form
Letter
Telephone Calls (IAU, Jail Observer Program, Attorney)
Verbal (to staff, nurses, instructors, etc.)
• Grievances submitted via Letters, Telephone Calls or
Verbally are processed differently but have the
same outcome. They are resolved and answered in
writing.
LETTER, TELEPHONE & VERBAL
SUBMISSIONS
• Once received the grievance is entered into a
database tracked & assigned to a supervisor for review
and investigation.
• The supervisor will:
• interview the inmate and obtain the details of his/her issue.
• investigate the issue.
• take steps to:
• resolve the matter, if warranted
• or provide an explanation as to the outcome of their investigation.
• submit a written report to the administration on their
investigative findings and resolution.
• The Facility Commander or designee will inform the
inmate of the final outcome in writing.
INMATE GRIEVANCE FORM
SUBMISSIONS
• Inmate submits the Grievance Form to any staff member
within 15 days of their concern.
• (Level 1) The receiving deputy will attempt to resolve the
issue. The deputy will document on the form whether the
issue is resolved or referred to a higher level.
• At this point the inmate will receive a copy of his/her
form (pink) as a receipt of submission.
• (Level 2) The form is then sent to a sergeant.
• The sergeant will review the form to determine if:
• the resolution is appropriate,
• the sergeant needs to resolve at his/her level,
• or if the issue needs to be referred to another entity for
resolution.
INMATE GRIEVANCE FORM
SUBMISSIONS
• The form is then sent to the Grievance Coordinator who will:
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•
•
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enter the information in the database
obtain a tracking number
assign to the appropriate entity for resolution and response (Level 3)
or assign to a lieutenant to review and approve if the issue was
already resolved (Level 3)
• Once the Level 3 process has been completed, the
Grievance Coordinator will forward the form to the Division
Commander or designee for review and approval.
• Concur, Modify or Reverse actions taken.
• Once finalized the Grievance Coordinator will:
• close out in the database
• return final copy to inmate’s housing location via the internal mail
system
• The housing deputy will provide the final copy to the inmate.
• The grievance process should be completed within 30 days.
GRIEVANCE APPEALS
• An inmate may appeal his/her grievance response
to the Division Commander within 15 days of receipt
if he/she is not satisfied with the resolution or
explanation.
• The Division Commander will forward a written
response to the inmate within a reasonable time
advising them of the final disposition.
STAFF TRAINING & EXPECTATIONS
• Correctional Deputies are trained on the inmate grievance
system and how to resolve matters at the lowest possible level
in the Academy and during their Probationary On-The-Job
Training Program by Jail Training Officers.
• Correctional Deputies:
• are expected to attempt to resolve grievances immediately
upon receipt and at the lowest level.
• will not deny a grievance form to any inmate.
• will not destroy or fail to process inmate grievances.
• will contact a supervisor immediately if the matter is of an
emergency nature and indicates a threat to the health or
welfare of an inmate, or if the inmate is requesting an ADA
accommodation.
INFORMAL RESOLUTION PROCESS
• Staff are expected to resolve low level grievances
by:
• talking to the inmate and coming up with a reasonable
solution to the problem, if possible.
• contacting support units to get answers to resolve dilemmas
during the shift that the grievance was submitted.
• getting structural conditions reported and repaired as soon
as practical.
• reporting issues to the shift supervisor when the staff
member cannot resolve the issue on his/her own.
SERGEANT EXPECTATIONS
• Sergeants are responsible for:
• reviewing grievances and attempting to resolve them
when possible.
• determining if subordinate’s response is appropriate.
• interviewing the inmate if necessary.
• determining if the matter requires further response
from a support unit, such as; medical/mental health,
programs, etc..
• noting investigative findings and resolutions.
• ensuring the grievance is delivered to the grievance
coordinator.
ADDITIONAL INFORMATION
• Inmates filing grievances relating to conditions of
confinement are required to exhaust all available
administrative/appeal procedures before taking
their issue to the courts.
• Inmates may give a grievance form to any staff
member to avoid giving the complaint to a staff
member they may be complaining about.
• Grievances are tracked in a database and are
classified in one of 23 categories for administrative
review.
BRC PRE-SUBMITTED QUESTIONS
• Why were both complaints and grievances listed on
the 2015 UOF Report, but not for previous years?
• This was the first year that the grievances were manually
reviewed and added to this report.
• Are inmates housed in 8A (acute mental health
unit) informed about the complaint process?
• While these inmate did receive an Inmate Rulebook and
had the opportunity to watch the orientation video, their
mental health state may have hindered their ability to
process that information. As such, we are currently in the
process of developing a more effective way to assist those
with mental illness in understanding the process.
BRC PRE-SUBMITTED QUESTIONS
• What are the qualifications of the Grievance
Coordinator? Who selects her/him? How long does
the he/she serve?
• The Grievance Coordinator is a clerical staff member
assigned to the Facility Administration. The position is
assigned by the Facility Commander. The Coordinator must
have knowledge of the operating, filing and administrative
systems of the jail facility.
• The Department is in the process of determining if a full time
Coordinator is required at each facility. The current
Coordinators provide the service as a collateral duty.
BRC PRE-SUBMITTED QUESTIONS
• How many confidential letters have been submitted by
the inmates pursuant to Policy #14.05 for each of the
years 2010-2015? Who receives these letters? Is there a
follow-up procedure to ensure all such letters have been
addressed?
• The Department is still compiling the data requested as the
number of confidential letters are not currently tracked in the
normal course of business at this time.
• These letters are received by the Facility Commander’s Office
and tracked by the Executive Assistant in a database.
• The process to track, assign, investigate and respond to these
letters was previously explained in the slide entitled: “Letter,
Telephone and Verbal Submissions.”
• The Executive Assistant has a tickler system to ensure responses
are timely.
ANY QUESTIONS?
THANK YOU