Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.93-012 - Grievance Procedure for Inmates

Current through Register Vol. 49, No. 6, June, 2024
835
		  Grievance Procedure for Inmates
I. AUTHORITY:
The authority to promulgate this administrative regulation is
			 vested in Act 50 of 1968, First Extraordinary Session, as amended, and Act 549
			 of 1993, Regular Session.
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 affects 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 an 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/release transfer 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
:
It shall be the policy of the Department of Correction to provide
			 inmates an opportunity to resolve bona fide grievances, complaints, incidents
			 and problems through established procedures without fear of restraint,
			 interference, coercion, discrimination or reprisal.
VI.
PROCEDURES
:
A. Assurances
Guidelines exist 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:
1. Promulgating
		  written procedures that require a plain, speedy, efficient and equitable
		  response to the inmate by the Department.
2. Providing a mechanism for input by both
		  inmates and Department employees in the implementation, review and evaluation
		  of procedures.
3. Communicating the
		  procedures in an effective manner to inmates and employees.
4. 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.
5. Promoting the credibility of
		  the-procedures by providing a participatory role in its operation for inmates
		  and Department employees.
6.
		  Submitting the dispositions of grievances to independent review.
7. Recording the filing and disposition of
		  grievances, assuring confidentiality and providing all parties concerned with
		  documentation of all actions taken.
8. Defining emergency and other special
		  situations, and providing for more speedy dispositions where
		  appropriate.
9. Evaluating and
		  reporting upon the performance of procedures.
10. 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.
B. Steps of the Grievance Procedure
1. Established steps of the grievance
		  procedure shall exist in an administrative directive.
2. Grievance forms shall be freely available
		  to inmates, and completed forms shall be collected daily.
3. Receipt of grievances shall be
		  acknowledged to the inmates and responded to within the fixed time limits.
The entire grievance process shall be completed within 90
			 calendar days unless a valid extension has been agreed upon.
4. If an emergency situation is determined to
		  exist, immediate corrective action will be taken.
C. Confidentiality
Information and/or records regarding the grievance proceedings
			 shall be held in confidence.
D. Evaluation
Each designated administrator at each level response shall
			 evaluate the inmates' use of the grievance procedure.
VII.
A.C.A.
		  REFERENCES
:
Board of Correction Approval Date: 10/21/93
Attorney General Review Date: 10/21/93
Date Filed Secy, of State: 10/22/93
Supersedes: 835
Dated: 1/19/93