Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 491.00 - Inmate Grievances › Section 491.16 - Appeal Process

Current through Register 1525, July 5, 2024
(1) Upon receipt of
			 the grievance decision, the inmate may appeal the decision to the appellate
			 authority within ten business days, unless
			 103 CMR
			 491.13 is applicable. The grounds for the
			 appeal must be consistent with the issues raised in the original grievance. The
			 remedy requested on appeal cannot exceed what was originally requested through
			 the grievance.
(2) No other level
			 of appeal or review shall be allowed, including attempts to have the matter
			 reconsidered in another forum, as the decision of the appellate authority shall
			 stand as the final decision.
(3) If
			 any grievance is ruled non-grievable it may not be appealed
			 substantively.
(4) Inmates may not
			 appeal a grievance decision where the decision is that the complaint is
			 approved and the requested remedy is fully approved or when the grievance was
			 withdrawn.
(5) Inmates may not
			 appeal grievances that exceed the required time frames for
			 submission.
(6) When the inmate
			 signs a Resolution Agreement form in accordance with
			 103 CMR
			 491.20, the decision shall be considered
			 final and may not be appealed.
(7)
			 Inmate shall file appeals by completing and submitting the designated appeal
			 form to the appellate authority. The form should be legible, presented in a
			 courteous manner and should include the grievance number, date submitted, a
			 brief statement of the facts regarding the grounds for the appeal, remedy
			 requested, and the inmate's signature. Statements should include only that
			 information which is necessary to support the grounds for the appeal.
(8) Whenever an appeal is returned pursuant
			 to 103 CMR 491.16(12)(a), the inmate shall have an additional three business
			 days from the date of the inmate's receipt of the returned appeal to file an
			 appeal in the proper format.
(9)
			 The individual who rendered the grievance decision shall forward the grievance
			 file, including all non-IMS documents utilized in the investigation, to the
			 appellate authority. The individual who rendered the grievance decision shall
			 not be further involved in the appeal process. He or she may, however, at the
			 discretion of the appellate authority, conduct further investigation and
			 document it in IMS if additional facts or information is needed, providing that
			 no recommendations or decisions are made by the IGC.
(10) Employees named in a grievance or appeal
			 shall not participate in any capacity in the processing, investigation, or
			 decision, of the appeal, except as may be required pursuant to
			 103 CMR
			 491.15(3)(d)1. or
			 491.16(12)(f).
(11) The appellate
			 authority may choose to designate another staff member to perform duties
			 defined in
			 103 CMR 491.14(12)(a) through
			 (f) and (h). The designee may also perform
			 data entry pursuant to
			 103 CMR
			 491.14(12)(g). The appellate
			 authority shall, however, make an independent decision regarding the grievance
			 appeal.
(12) Within one business
			 day of receipt of an inmate's grievance appeal the appellate authority shall:
(a) Ensure that the appeal complies with 103
			 CMR 491.16(4), (6), and (7) and, if not, return the appeal to the inmate on the
			 applicable form with a written explanation noted on the form, indicating the
			 reason the appeal has not been accepted. A copy of the returned form shall be
			 kept on file for future reference if needed. Additionally, a reference shall be
			 made in IMS to document the return.
(b) Within one business day of receipt of a
			 properly filed appeal, record receipt of the appeal, the description of the
			 appeal and all other relevant information in the IMS Grievance Appeal/Decision
			 screen. If space permits in IMS, the description shall be entered as written by
			 the inmate. If the written appeal exceeds the available space, the description
			 shall be entered up until the point that IMS will not accept any additional
			 characters.
(c) Print the appeal
			 form from IMS and provide it to the inmate as acknowledgement of receipt of the
			 grievance appeal.
(d) Review all
			 grievance information directly in IMS as well as any non-IMS documents included
			 in the investigation.
(e) Ensure
			 that the grievance was thoroughly investigated and appropriately documented in
			 IMS.
(f) Conduct additional
			 investigation as needed, taking into consideration the basis of the
			 appeal.
(g) Make a determination
			 that takes into consideration the content of the appeal and the remedy
			 requested. The rationale for the decision shall be clearly documented into the
			 decision comments, and applicable policies and procedures shall be cited when
			 appropriate. The appellate authority shall clearly document what specific
			 corrective action will be taken when appropriate. All decision information
			 shall be entered in the IMS Grievance Appeal/Decision screen.
(h) Print the grievance appeal form from IMS
			 and provide it to the inmate to inform the inmate of the decision.