Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-103 - INMATE GRIEVANCE PROCEDURE › Section 33-103.002 - Inmate Grievances - Terminology and Definitions

Current through Reg. 50, No. 138; July 16, 2024
The following terms, as defined, shall be standard usage
				  throughout the department:
(1)
				Amendment: Where used herein, refers to an addition or change to a previously
				filed grievance.
(2) Bureau of
				Policy Management and Inmate Appeals: The bureau authorized by the Secretary to
				receive, review, investigate, evaluate, and respond to grievance appeals and
				direct grievances as defined in subsection (7). The Bureau of Policy Management
				and Inmate Appeals is located in the Office of the General Counsel and is
				managed by the Chief of Policy Management and Inmate Appeals.
(3) Complainant: The inmate filing the
				grievance.
(4) Emergency Grievance:
				A grievance of those matters which, if disposed of according to the regular
				time frames, would subject the inmate to substantial risk of personal injury or
				cause other serious and irreparable harm to the inmate.
(5) Formal Grievance: A statement of
				complaint filed at the institutional or facility level with the warden,
				assistant warden, or deputy warden, through the use of Form DC1-303, Request
				for Administrative Remedy or Appeal. Formal grievances are addressed in Rule
				 33-103.006, F.A.C. The effective
				date of the form is 2-9-05.
(6)
				Grievance: A written complaint or petition, either informal or formal, by an
				inmate concerning an incident or condition within an institution, facility, or
				the Department which affects the inmate complainant personally.
(7) Grievance Appeal or Direct Grievance: A
				statement of complaint filed with the Secretary of the Department of
				Corrections through the use of Form DC1-303, Request for Administrative Remedy
				or Appeal. Appeals and direct grievances are addressed in Rule
				 33-103.007, F.A.C.
(8) Grievance Coordinator: The institutional
				staff member designated by the warden or the Chief of the Bureau of Policy
				Management and Inmate Appeals to receive, review, investigate, evaluate, and
				respond to inmate grievances at an institution or facility.
(9) Grievance of Reprisal: A grievance
				submitted by an inmate alleging that staff have taken or are threatening to
				take retaliatory action against the inmate for good faith participation in the
				inmate grievance procedure.
(10)
				Grievance of Sentence Structure (Release Date Calculations): Complaints
				concerning the manner in which the Department records and executes the judgment
				and sentence of the court. This category of appeal involves the calculation of
				the release date but does not include the determination of monthly gain time
				awards. Included are questions relating to the length of sentence, whether the
				court imposed mandatory or special sentencing provisions, credit for time
				served, date of imposition of sentence, sentence chaining (concurrent or
				consecutive), and forfeitures arising from judicial or Florida Commission on
				Offender Review revocations (not forfeitures through the administrative
				disciplinary process).
(11) HIPAA:
				The Health Insurance Portability and Accountability Act of 1996,
				Pub. L. No.
				104-191.
(12) Informal Grievance: An initial statement
				of complaint filed on a Form DC6-236, Inmate Request. Form DC6-236 is
				incorporated by reference in Rule
				 33-103.005, F.A.C. The effective
				date of the form is 6-12.
(13)
				Literature Review Committee: The final reviewing authority for appeals
				regarding rejected reading material. The committee is composed of the Bureau
				Chief of Security Operations or his or her representative, the Bureau Chief of
				Policy Management and Inmate Appeals or his or her representative, and the
				Library Services Administrator or his or her representative.
(14) Recipient: A person or office receiving
				an inmate grievance for processing.
(15) Reviewing Authority: A staff member
				authorized to sign grievances or appeals as the final authority for review,
				e.g., warden, assistant warden, deputy warden, or the Secretary's
				representative.
(a) Informal Grievance:
Staff member designated by the warden.
(b) Formal Grievance:
1. Major Institutions - warden or assistant
				warden;
2. Private Correctional
				Facilities - warden or deputy warden;
3. Road Prisons, Vocational Centers, Work
				Camps, Community Correctional Centers, and Contract Community Facilities -
				warden or assistant warden of the supervising institution.
(c) Grievance Appeals: Chief of Policy
				Management and Inmate Appeals inmate grievance administrator, or correctional
				services administrator designated by the Secretary to serve as his
				representative.
(d) Direct
				grievances:
1. A direct grievance which is to
				be reviewed by the warden: The warden is authorized to designate the assistant
				warden or deputy warden (deputy warden applicable to private facilities only)
				to grant and implement relief as approved by the warden, except as to
				grievances involving discipline, grievances alleging violation of the Americans
				with Disabilities Act, grievances challenging placement in close management and
				subsequent reviews, grievances of an emergency nature, or grievances of
				reprisal.
2. A direct grievance
				which is to be reviewed by the Bureau of Policy Management and Inmate Appeals:
				The Bureau Chief, or other designated staff may serve as the Secretary's
				representative in responding to these issues.