DRC Inmate Grievance Procedure Correctional Institution Inspection Committee August 6, 2014 CIIC Concerns Inmate Grievance Procedure Per DRC Administrative Rule 5120-9-31, the grievance procedure is designed to address inmate complaints related to any aspect of institutional life that directly affects the grievant. This may include complaints regarding policies, procedures, conditions of confinement, or the actions of institutional staff. The grievance procedure is comprised of three consecutive steps: Informal complaint – Within 14 days of the event giving rise to the complaint, the inmate can file an informal complaint to the supervisor of the staff or department responsible for the complaint. Staff must respond within seven days of receiving the complaint. Grievance – If the inmate is dissatisfied with the informal complaint response, the inmate has 14 days to file a grievance with the Institutional Inspector. The Inspector must provide a written response to the inmate within 14 days. Appeal – If the inmate is dissatisfied with the grievance disposition, the inmate has 14 days to file an appeal to the Chief Inspector at the DRC Operation Support Center in Columbus. The Chief Inspector’s office must respond within 30 days. Direct Grievance – Grievances regarding the Warden or Institutional Inspector must be filed directly to the Chief Inspector’s Office. Response timeliness – Inmates have reported not receiving responses to their grievance paperwork. In addition, the DRC does not currently require action plans from institutions until over 15% of informal complaint responses are late. Inmate faith in the procedure – In letters, focus groups, and survey responses, inmates relay a lack of faith in the grievance procedure and fears that using it will result in staff retaliation. Medical concerns – Medical care is at the discretion of the institutional physician and is often difficult to meaningfully grieve. Quality of responses – In some cases, staff responses fail to resolve an inmate’s complaint at the lowest level. Key Statistics Total grievance paperwork increased 21.5 percent from 2009 to 2013. Institutions housing the highest security inmates had the highest rate of informal complaints. MANCI had the highest total number of grievances in CY 2013, with 673. For all grievance dispositions in the DRC in CY 2013, 85.7 percent were denied. The most frequently grieved issue in CY 2013 was Health Care, followed by Personal Property. Correctional Institution Inspection Committee Riffe Center, 77 S. High Street, 15th Floor, Columbus, Ohio 43215, PHONE (614) 466-6649, FAX (614) 466-6929 Total Grievance Procedure Filings CY 2009 – 2013 Informal Complaints Grievances Appeals 45,000 40,959 40,074 40,000 35,975 35,000 34,437 32,485 30,000 25,000 20,000 15,000 10,000 6,047 6,344 6,108 5,000 2,620 2,331 2,388 6,299 6,255 2,476 2,317 0 2009 2010 2011 2012 2013 *Data provided by the Ohio Department of Rehabilitation and Correction. The data on this page differs from later data in this publication due to differing timeframes of the data requests. Correctional Institution Inspection Committee Riffe Center, 77 S. High Street, 15th Floor, Columbus, Ohio 43215, PHONE (614) 466-6649, FAX (614) 466-6929 Rate of Informal Complaints (per 1,000 inmates) CY 2013 OSP ToCI SOCF ManCI LaeCI MCI DCI FMC AOCI NCCC GCI ORW LorCI MaCI WCI CCI LeCI TCI PCI RCI RiCI LoCI CRC SCC BeCI NCI NERC Institutions housing the highest security inmates had the highest rate of informal complaints. 0 500 1000 1500 2000 2500 3000 *Data provided by the Ohio Department of Rehabilitation and Correction. **Rate is per 1,000 inmates. Rate was obtained by dividing the total number of informal complaints filed in CY 2013 by the average institutional population for the same time period. Data does not take into account that a small portion of the inmate population is generally responsible for a large number of complaints. ***Total ICRs differs slightly from the above chart due to the different times that the reports were ran. Correctional Institution Inspection Committee Riffe Center, 77 S. High Street, 15th Floor, Columbus, Ohio 43215, PHONE (614) 466-6649, FAX (614) 466-6929 Untimely Informal Complaint Response Rate CY 2013 24.3 25 23.7 22.8 21.0 20 18.3 17.8 17.7 16.7 15.9 15 14.5 14.2 12.4 11.2 10 10.8 11.0 10.6 9.3 8.7 7.9 6.7 7.2 6.6 5.3 5.1 5 4.1 2.5 2.3 0 Level 1/2 Level 3 Level 4/5 Reception Medical/ Female *Data provided by the Ohio Department of Rehabilitation and Correction. Rate obtained by dividing the total number of untimely informal complaint responses by the total number of informal complaint responses. ** An untimely informal complaint response is a response later than seven days from the date of receipt. The above data does not include informal complaints that received no response. Correctional Institution Inspection Committee Riffe Center, 77 S. High Street, 15th Floor, Columbus, Ohio 43215, PHONE (614) 466-6649, FAX (614) 466-6929 Total Grievances CY 2013 Granted Denied 700 MANCI had the highest total number of grievances in CY 2013, with 673. 600 For all grievance dispositions in the DRC in CY 2013, 85.7 percent were denials. 500 400 300 200 100 0 Level 1/2 Level 3 Level 4/5 Reception Medical/ Female *Data provided by the Ohio Department of Rehabilitation and Correction. Data includes only grievances that were granted or denied; data does not include grievances that were withdrawn by the inmate or that were pending disposition. Total grievances differs from above totals. Correctional Institution Inspection Committee Riffe Center, 77 S. High Street, 15th Floor, Columbus, Ohio 43215, PHONE (614) 466-6649, FAX (614) 466-6929 Grievance Categories CY 2013 1200 1000 The most frequently grieved issue was Health Care, followed by Personal Property. 800 600 400 200 0 *Data provided by the Ohio Department of Rehabilitation and Correction. Data includes only grievances that were granted or denied; data does not include grievances that were withdrawn by the inmate, pending disposition, or that pertained to “non-grievable matters.” Total grievances differ from above totals. Correctional Institution Inspection Committee Riffe Center, 77 S. High Street, 15th Floor, Columbus, Ohio 43215, PHONE (614) 466-6649, FAX (614) 466-6929 Direct Grievances CY 2013 Granted WCI SOCF GCC ManCI RCI MCI CCI ToCI AOCI LoCI BeCI NCCC RiCI LeCI MaCI LaeCI SCC OSP TCI CRC NCI FMC PCI LorCI ORW NERC DCI Denied Warren Correctional Institution experienced the highest total number of direct grievances, as well as the highest total number of direct grievances granted by the Chief Inspector’s office. 0 10 20 30 40 50 60 *Data provided by the Ohio Department of Rehabilitation and Correction. Direct grievances generally pertain to complaints that inmates have regarding the Inspector or Warden, which are filed directly with the Chief Inspector, as well as a small number of complaints regarding the Bureau of Sentence Computation and DRC policy. The above data excludes one grievance withdrawn by an SOCF inmate. Correctional Institution Inspection Committee Riffe Center, 77 S. High Street, 15th Floor, Columbus, Ohio 43215, PHONE (614) 466-6649, FAX (614) 466-6929 Inmate Perceptions of Fairness CY 2013-2014 Yes No 100% 90% 80% 70% 60% 87.5 89.2 89.1 12.5 10.8 10.9 50% 40% 30% 20% 10% 0% Do you feel that informal complaints are Do you feel that greivances are generally generally dealt with fairly at this dealt with fairly at this institution? institution? Do you feel that grievance appeals are generally dealt with fairly at this institution? *Data collected through CIIC’s inmate survey conducted at each institution as part of CIIC’s inspection process. CIIC utilizes a stratified sampling method to randomly select inmates. The above data includes responses from all 2013-2014 inspections, with the exception of RICI and SCC. The data includes only inmates who responded to the question, representing responses from 3,875, 3,484, and 3,225 inmates, respectively. Correctional Institution Inspection Committee Riffe Center, 77 S. High Street, 15th Floor, Columbus, Ohio 43215, PHONE (614) 466-6649, FAX (614) 466-6929 Inmate Grievance Procedure Filings CY 2013 Institution Informal Complaints Grievances Appeals AOCI 1,500 327 160 1,987 BECI 1,162 146 44 1,352 CCI 1,855 330 184 2,369 CRC 832 82 20 934 DCI 910 48 9 967 FMC 430 51 21 502 GCC 1,785 385 163 2,333 LAECI 2,145 221 69 2,435 LECI 1,584 248 87 1,919 LOCI 1,103 178 100 1,381 LORCI 1,119 68 34 1,221 MACI 1,848 313 110 2,271 MANCI 3,377 673 206 4,256 MCI 2,712 610 221 3,543 NCCC 2,468 316 142 2,926 NCI 840 84 37 961 NERC 163 1 0 164 ORW 2,093 123 24 2,240 OSP 1,358 273 93 1,724 PCI 1,271 107 42 1,420 RCI 1,121 195 85 1,401 RICI 1,218 159 73 1,450 SCC 887 196 67 1,150 2,664 490 252 3,406 790 88 26 904 TOCI 2,635 284 120 3,039 WCI 1,083 193 87 1,363 40,953 6,189 2,476 SOCF TCI Total Total 49,618 * Data provided by the Ohio Department of Rehabilitation and Correction, based on individual institutional statistics. **Grievances include only grievances that received a disposition. Grievance total differs from the total on the first page due to the different timeframes in which the reports were run and the above totals do not include direct grievances. Correctional Institution Inspection Committee Riffe Center, 77 S. High Street, 15th Floor, Columbus, Ohio 43215, PHONE (614) 466-6649, FAX (614) 466-6929
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