Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 491.00 - Inmate Grievances › Section 491.15 - Grievance Processing, Investigation, and Decision

Current through Register 1525, July 5, 2024
(1) Employees named in a grievance shall not
			 participate in any capacity in the processing, investigation, or decision of
			 the grievance.
(2) The
			 Superintendent or IGC may designate another staff member to perform duties
			 defined in
			 103 CMR
			 491.14.
(3) Within one business day of receipt of an
			 inmate's grievance, the IGC shall:
(a) Ensure
			 that the grievance complies with 103 CMR 491.15(2) and if not, return the
			 grievance to the inmate on the applicable form with a written explanation noted
			 on the form. A copy of the return form shall be kept on file for future
			 reference if needed.
(b) Within one
			 business day of receipt of a properly filed grievance, record receipt of the
			 grievance, the description of complaint, the remedy requested, grievance type
			 and all other relevant information in the IMS Grievance Details/Decision
			 screen. If space permits, the description and requested remedy shall be entered
			 as written by the inmate. If the written grievance exceeds the available space,
			 the description shall be entered up until the point that IMS will not accept
			 any additional characters. For the purpose of record keeping only, all
			 grievances shall be entered into IMS regardless of timeliness or merit unless
			 103 CMR
			 491.13 applies.
(c) Print the grievance form from IMS and
			 provide it to the inmate as acknowledgement of receipt of the
			 grievance.
(d) With the exception
			 of grievances that are deemed non-grievable, withdrawn, referred to Internal
			 Affairs Unit, or exceed the required time frames for submission, thoroughly
			 investigate the factual basis of the grievance and exhaust all efforts to
			 resolve the grievance. The investigation shall include, but not be limited to
			 the following steps:
1. Interview the inmate
			 and, if appropriate, the staff person responsible for the area where the
			 problem occurred. Interview as many individuals as necessary identified through
			 the interview or investigation process who might have information relevant to
			 the claim. If upon initial review of the grievance or during the course of the
			 investigation, it is determined that the complaint has merit and the grievance
			 remedy is to be fully approved, it is not necessary to interview the inmate or
			 other individuals.
2. Review staff
			 efforts to resolve the issue informally.
3. Obtain all related documentation,
			 including any relevant policies and procedures, and review them along with any
			 documentation submitted by the inmate.
4. When appropriate, consult with institution
			 and Departmental division heads responsible for the area involved.
5. Investigate and respond to all relevant
			 issues raised in the grievance.
6.
			 Take any other steps deemed necessary to investigate and/or resolve the
			 grievance, including the determination of an appropriate remedy.
(e) When a requested remedy is
			 approved, partially approved and/or an alternate remedy is offered, the
			 specific corrective action taken shall be documented. When a grievance is
			 denied or is non-grievable the reason shall be clearly documented. Applicable
			 policies and procedures shall be cited when appropriate, including the process
			 to be utilized to address non-grievable issues. All decision information shall
			 be entered in the IMS Grievance Decision/Details screen.
(f) Print the grievance form from IMS and
			 provide it to the inmate in order to inform the inmate of the
			 decision.
(g) The IGC shall respond
			 to the grievance within ten business days from receipt of the grievance unless
			 the inmate has been provided a written extension of time periods in accordance
			 with
			 103 CMR
			 491.17.