Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.93-001 - Grievance Procedures for Inmates

Current through Register Vol. 49, No. 6, June, 2024
835
		  Grievance Procedures for Inmates
I.
		  AUTHORITY:
The authority to promulgate this administrative regulation is
			 vested in Act 50 of 1968, First Extraordinary Session, as amended.
II.
PURPOSE
:
To provide the procedure by which formal complaints or grievances
			 filed by an inmate may be resolved.
III.
APPLICABILITY
:
To all employees and inmates.
IV.
DEFINITIONS
:
A.
Grievance
: A
		  written complaint by an inmate on the inmate's own behalf regarding:
1. A policy applicable within his or her
		  unit/center of assignment which personally affect the grievant;
2. A condition in the unit/center that
		  personally affects the grievant;
3.
		  An action involving an inmate(s) of his or her institution which personally
		  affects the grievant;
4. An action
		  of employee(s) of his or her institution which personally affects the
		  grievant;
5. An incident occurring
		  within his or her institution which personally affects the grievant.
The term does not include a complaint relating to a parole
			 matter. There is a separate procedure for appealing disciplinary action, and
			 the grievance procedure shall not be used to appeal disciplinary action.
B.
Inmate
: An individual confined to an adult institution
		  who has been convicted of a crime.
C.
Reprisals
: At a
		  minimum, an act or threat of action against anyone for the good faith use of or
		  good faith participation in the grievance procedure. Inmates are also allowed
		  to pursue complaints of reprisal(s) through these procedures.
D.
Emergency
		  Situation
: Matters regarding in which disposition according to the
		  regular time limits would subject the inmate to substantial risk of personal
		  injury, or cause other serious and irreparable harm to the inmate. Emergency
		  grievances must be forwarded immediately to the level at which corrective
		  action can be taken.
E.
Days
: Calendar days.
V.
POLICY
:
Inmates will be provided an opportunity to resolve bona fide
			 grievances, complaints, incidents and problems through established procedures
			 without fear of restraint, interference, coercion, discrimination or
			 reprisal.
Opportunity exists to provide inmates with a meaningful
			 opportunity to resolve grievances, incidents, problems and complaints including
			 those which may result in lawsuits filed pursuant to
			 42 U.S.C.
			 1983, and to recognize that this opportunity
			 should be assured by:
A. Promulgating
		  written procedures that require a plain, speedy, efficient and equitable
		  response to the inmate by the Department.
B. Providing a mechanism for input by both
		  inmates and Department employees in the implementation, review and evaluation
		  of procedures.
C. Communicating the
		  procedures in an effective manner to inmates and employees.
D. Assuring that inmates shall not suffer any
		  reprisals for their use of the procedures and that if such reprisals do occur,
		  they will be redressed and employees disciplined.
E. Promoting the credibility of the
		  procedures by providing a participatory role in its operation for inmates and
		  Department employees.
F. Submitting
		  the dispositions of grievances to independent review,
G. Recording the filing and disposition of
		  grievances, assuring confidentiality and providing all parties concerned with
		  documentation of all actions taken.
H. Defining emergency and other special
		  situations, and providing for more speedy dispositions where
		  appropriate.
I. Evaluating and
		  reporting upon the performance of procedures.
J. Submitting the procedures to the Attorney
		  General of the United States for Certification pursuant to
		  42
		  U.S.C. 1997, when certification requirements
		  may be met in accordance with State law.
VI.
PROCEDURES
:
The existence of the grievance procedure does not in any way
			 absolve employees from carrying out their full responsibilities. Employees
			 should exercise good judgement, and every attempt should be made to resolve
			 inmate grievances informally; whereas, inmates are encouraged to resolve
			 grievable matters in an informal manner with staff.
A. Adoption of Procedures
Inmates and employees shall be afforded an advisory role in the
			 formulation and implementation of the grievance procedure. An advisory role
			 shall also be afforded in reviewing compliance with the procedures set
			 herein.
When formulating and implementing a procedure or when adopting
			 changes, notice and/or proposed changes shall be posted in prominent locations
			 (to include employee and inmate bulletin boards) throughout the institutions at
			 least 30 days prior to implementation of the procedure/changes.
1. Changes in the procedure shall be clearly
		  identified.
2. The posting shall
		  state that employees and inmates wishing to comment should address their
		  comments in writing to the unit/center grievance coordinator.
3. All comments shall be considered prior to
		  implementation of the procedure/changes.
4. Proposed changes to a previously certified
		  procedure shall be provided to the Bureau of Prisons, National Inmate Appeals,
		  prior to their effective date.
B. Communication of Procedures
1. Written notification and verbal
		  explanation of the grievance procedure will be made to both inmate and employee
		  upon their arrival. A memorandum addressing those inmates in need of assistance
		  in understanding the grievance procedure will be posted monthly in all inmate
		  living areas. The memorandum shall advise the inmate to contact the appropriate
		  staff (i.e., administrative review officer, grievance officer, counselor, or an
		  assistant warden) for explantion and/or assistance. The opportunity to have
		  questions regarding the grievance procedure answered orally shall be
		  available.
2. If an inmate is
		  incapable of understanding the English language, a verbal presentation of the
		  grievance procedures will be given in the language the inmate does
		  understand.
3. All employees at the
		  unit/center level shall receive training by the Departmental Training Academy
		  in the skills necessary to operate or participate in the grievance
		  procedure.
4. Inmates are hereby
		  advised that lawsuits filed pursuant to
		  42 U.S.C.
		  1983 may be held in abeyance by the court
		  pending the results of grievance procedures.
C. Accessibility
All inmates shall be entitled to invoke the grievance procedure
			 regardless of their security or job classification, disciplinary status, or
			 administrative or legislative decisions affecting the inmate. This procedure
			 shall also be accessible to impaired and handicapped inmates and an effort made
			 to explain the procedure in a manner comprehensible to them.
1. Copies of this policy shall be available
		  in all law libraries.
2. Inmates
		  may seek assistance from staff members when necessary to communicate the
		  problem on the grievance form.
a. Staff
		  members are encouraged to assist inmates who are unable to complete the forms
		  without assistance because they cannot articulate a grievance in written form,
		  they are physically unable to write, or because they cannot communicate in
		  English.
D.
		  Remedies
A grievance with merit will be afforded a reasonable range of
			 meaningful remedies.
1. The
		  responsible authority will attempt to correct or modify objectionable
		  conditions, policies or practices when possible and in accordance with state
		  law and good correctional practice.
2. When it is necessary for objectionable
		  conditions, practices or policies to be modified by a higher authority than the
		  responding authority, the lower authority shall note its agreement or
		  disagreement with the grievant and transmit the completed grievance form to the
		  higher authority. The grievant will receive written notice of this
		  action.
3. The department is to
		  encourage the resolution of successful grievances involving property losses,
		  confiscations or forfeitures through the return of the property, or
		  restitution.
4. Records may be
		  corrected and action by the staff or classification committees may be
		  modified.
E . Staff
		  Training
The Training Academy will implement a training program in
			 reference to grievances. This training will outline various methods and
			 techniques which assist the appropriate staff in writing independent and
			 objective responses to inmate complaints. The training shall be mandatory for
			 administrative review officers, grievance officers, assistant wardens, and
			 wardens/center supervisors.
F. Steps of the Grievance Procedure
1. Initiation
Once an inmate initiates the grievance process, review of the
			 grievance shall occur automatically without interference by administrators or
			 employees of the institution, and such review shall be conducted without
			 influence or interference by administrators or employees of the
			 institution.
a. Forms: Inmates should
		  first attempt to verbally resolve grievances, incidents, problems or complaints
		  through their immediate supervisor. If the problem cannot be resolved
		  informally, they may file a written grievance with the Administrative Review
		  Officer (ARO) or the warden's/center supervisor's designee on a form provided
		  for that purpose (see Attachments I and II). The forms shall be freely
		  available, and when completed, be deposited in locked grievance and mail boxes.
		  The boxes shall be located at accessible places throughout the units/centers.
		  Staff, as requested by an inmate who is confined or physically unable to
		  personally deposit a grievance, will deposit said grievance in one of the
		  locked grievance or mail boxes.
b.
		  Assistance: Any inmate who is unable to complete the form shall so advise his
		  or her immediate supervisor, who shall make arrangements, for assistance
		  without unreasonable delay.
c.
		  Inmate and employee participation: When a grievance challenges general policy
		  and/or practices, inmates and employees shall be permitted to participate in an
		  advisory capacity in the disposition of the grievance unless the grievant
		  objects. Notice of the grievance should be made available at least 10 days
		  before the first response is due. Notice shall state the general policy
		  question involved and the date the first response is due, but individual names
		  and facts shall be eliminated. The notice shall indicate that comments
		  regarding the general policy and/or practice should be directed in writing to
		  the unit/center grievance coordinator.
The advisory input shall be achieved by posting a notice on
			 inmate and employee bulletin boards to solicit comments on a grievance that
			 challenges general policy and/or practices. The advisory input must be
			 considered prior to the initial adjudication of the grievance.
No inmate or employee who appears to be involved in the matter
			 shall participate in any capacity in the resolution of the grievance.
Inmates shall be prohibited from a role in the resolution process
			 when the grievant objects.
2. Initial Processing
Completed grievance forms which are deposited in the grivance and
			 mail boxes shall be collected daily, excluding weekends and holidays and
			 delivered to the ARO or the warden's/center supervisor's designee who
			 shall:
a. Assign a number to the
		  grievance, record the date grievance was received, list name and ADC number of
		  the grievant, and log sufficient information to obtain the nature of the
		  complaint.
b. Determine whether the
		  grievance:
(1) states an emergency situation;
		  or
(2) is frivolous; or
(3) should be processed within normal
		  guidelines as stated herein.
The ARO or the warden's/center supervisor's designee will note
			 one of the above on the grievance and forward it to the warden's/center
			 supervisor's office for review as indicated in this policy.
c. Transmit an acknowledgement of
		  the grievance filed in writing to the grievant within five days (see Attachment
		  III) after receipt.
d. If an
		  emergency situation is declared by the grievant but it is not determined as
		  such by the ARO or warden's/center supervisor's designee, the grievance will be
		  processed within the time limits outlined above in preceding section
		  "c".
e. Should the ARO or
		  warden's/center supervisor's designee determine an emergency situation does
		  exist, the grievance will be immediately forwarded to the warden/center
		  supervisor.
The warden/center supervisor will notify the grievant and advise
			 what action is being taken and approximate time for response (see Attachment
			 III) .
3.
		  Initial Decision
Within twenty days after filing (or less, if required in
			 emergency situations), every grievant shall receive a written response to his
			 or her grievance signed by the warden. In cases where a longer period of time
			 is required for a response or for resolution of the problem, the grievant shall
			 be so notified in writing of the reason for the delay and its expected length
			 (see Attachment IV).
All responses shall:
a.
		  state the reason for the decision, in clear well-reasoned terms.
b. include a statement that the grievant is
		  entitled to further review.
c.
		  include simple directions for obtaining such review.
4. Appeal
Expeditious processing of grievances at each level of
			 decision-making is essential. Responses shall be made within the fixed time
			 limits as stated at each level of decision. Time limits for responding may be
			 extended only with the written agreement of the grievant. Expiration of the
			 time limit at any stage of the process shall entitle the grievant to move to
			 the next stage of the process, unless the grievant has agreed in writing to an
			 extension of the time for a response.
a. Deputy/Assistant Director: If after being
		  responded to by the warden/center supervisor, the inmate is not satisfied, he
		  or she may appeal within five days to the appropriate deputy/assistant director
		  who will attempt to resolve the matter or assign a staff member to do so. The
		  appeal should be written on the original form returned by the warden. If the
		  form is not returned by the warden within the time limit set, the inmate may
		  still appeal to the appropriate deputy/assistant director. Upon receiving the
		  appeal, the deputy/assistant director will request all documentation pertaining
		  to the grievance (if documentation is not attached) and will respond in writing
		  to the inmate concerning the decision within twenty days. Receipt of filing
		  shall be acknowledged in writing within five days to the inmate by the
		  deputy/assistant director's office (see Attachment III).
b. Director: If the inmate is still not
		  satisfied with the response received, he or she may file an appeal on the form
		  provided by the appropriate deputy/assistant director within five days to the
		  Compliance Division. The Compliance Division will forward its recommendation(s)
		  to the Director. The Director will decide what action to take and inform the
		  inmate of his decision within thirty days. Receipt of filing shall be
		  acknowledged in writing within five days to the inmate by the Director's office
		  (see Attachment III) .
The entire grievance procedure must be completed within 90
			 calendar days.
G. Emergency Situations
1. Grievants may declare emergency situations
		  if they believe that by observing the regular time limits for disposition, they
		  would be subject to a substantial risk of personal injury or other serious and
		  irreparable harm.
2. Grievants may
		  indicate the existence of an emergency by marking the box provided on the
		  grievance form, and filing the grievance form in the usual manner or by
		  personally delivering it to any officer or employee of the department who shall
		  sign the attached emergency receipt, give the receipt to the inmate, and
		  deliver it without undue delay to the ARO or the warden/center supervisor or,
		  in their absence, to a unit/center assistant warden.
3. If it is determined an emergency exists,
		  the warden/center supervisor or their designee will take immediate corrective
		  action.
H. Reprisals
1. Prohibition: No grievant-shall suffer any
		  action or threat of action against him based on his use of or participation in
		  the grievance procedures- Such behavior is absolutely prohibited, and each
		  grievance form shall so state this policy.
2. Prevention: In addition to the initial and
		  periodic training of department personnel in the grievance procedures, all
		  personnel shall receive written and oral notice that formal and/or informal
		  reprisals will not be tolerated, and to further prevent reprisals:
a. grievance records shall be confidential
		  and will be marked as such.
b.
		  department personnel who engage in reprisals shall be disciplined in accordance
		  with the severity of the reprisal. At a minimum, those admitting guilt or found
		  to be guilty of reprisals shall have a written reprimand placed in their
		  personnel files but may be subject to further disciplinary action up to and
		  including termination.
I. Records
1. Nature: Each designated administrator at
		  each level of response shall collect and systematically maintain records
		  regarding the filing and disposition of grievances. At a minimum, such records
		  shall include aggregate information regarding the numbers, types, and
		  disposition of grievances, as well as individual records of the date of and the
		  reasons for each disposition at each stage of the procedure. Such records shall
		  be preserved for at least three years following final disposition of the
		  grievance.
2. Confidentiality:
		  Records regarding the participation of an individual in the grievance
		  proceedings shall not be available to inmates, department personnel other than
		  those directly involved in the grievance process, unless the person's job
		  requires access to such records. Grievance records will not be available to
		  non-departmental personnel other than those representing the Department. No
		  entries concerning the above shall be recorded in the inmate's jacket. Records
		  of testimony or evidence regarding an inmate's participation in a grievance
		  proceeding shall also be held confidential.
J. Evaluation
Each designated administrator at each level of response shall
			 submit an annual report to the Director on the inmates' use of the grievance
			 procedure and whether such use has resulted in meaningful consideration of
			 complaints and, where appropriate, adequate remedies for grievances.
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