Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-103 - INMATE GRIEVANCE PROCEDURE › Section 33-103.004 - Inmate Grievances - Staff and Inmate Participation

Current through Reg. 50, No. 138; July 16, 2024
(1) Inmate and employee participation in the
				grievance process will take the form of solicitation of written comments by
				inmates and employees on selected formal inmate grievances that staff determine
				will significantly impact the inmate population and which challenge general
				procedures and practices prior to the initial adjudication of the grievance.
				Each institution shall within 5 calendar days of receipt, post copies of this
				type of formal grievance on inmate and employee bulletin boards, circulate
				among all inmates in all disciplinary, administrative, and close management
				areas, including all inmates under sentence of death. These grievances shall be
				posted and circulated without identification of individual names or identifying
				facts. Written comments must be received in the office of the reviewing
				authority as defined in Rule
				 33-103.002, F.A.C., within 5
				calendar days from the date of posting in order to receive consideration. With
				the exception of submitting written comments, no inmate or employee who appears
				to be involved in the matter shall participate in any capacity in the final
				resolution of a grievance.
(2)
				Inmates and employees have the opportunity to review the effectiveness and
				credibility of the department's grievance procedure through the submission of
				written comments to the reviewing authority as defined in Rule
				 33-103.002, F.A.C. The reviewing
				authority shall review and respond to written comments received and institute
				procedural changes as appropriate. Comments received relating to this rule that
				are outside the decision making authority of the reviewing authority as defined
				in Rule  33-103.002, F.A.C., shall be
				forwarded to the Office of the General Counsel for review and appropriate
				action. If the comments or complaint focuses on the implementation of the rule
				at a particular institution, the reviewing authority as defined in Rule
				 33-103.002, F.A.C., has the
				authority to make necessary changes in this implementation consistent with the
				rule. If the comments or complaint deal with the content of the rule itself and
				the only way a change could be effected would be to change the rule, then it
				needs to be forwarded to the Office of the General Counsel. The Office of the
				General Counsel shall review the complaint to see if there appears to be a
				problem with the rule itself. If changes are necessary, the Office of the
				General Counsel coordinates the rule promulgation process. The warden shall
				receive a response and in turn advise the employee or inmate.
(3) Employees shall have access to this rule
				through rule books maintained in the departments within the institution to
				which they are assigned.
(4)
				Inmates shall have access to this rule from the inmate library. Inmates who are
				not in open population shall be able to access this rule through their housing
				officer in the confinement unit. Inmates in institutions or facilities without
				libraries shall have access to this rule from the classification office or
				security shift supervisor's office.
Rulemaking Authority
					 944.09 FS. Law Implemented
					 944.09
					 FS.
New 10-12-89, Amended 1-15-92, 4-10-95, 12-7-97, Formerly
					 33-29.004, Amended 10-11-00, 2-9-05, 3-25-08,
					 5-27-12.