New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VIII - Institutional Programs › Part 701 - Inmate Grievance Program › Section 701.5 - Procedure

Current through Register Vol. 46, No. 28, July 10, 2024
Note:
If an inmate is deaf or hard-of-hearing, any expression of
				  difficulty in communicating or understanding shall be considered a request for
				  assistance. Reasonable accommodations (including assignment of a sign language
				  interpreter, if needed, and a grievance clerk) will be made to ensure the
				  inmate's full access to all steps in the grievance process.
(a)
Filing the complaint.
(1) Time limit for filing. An inmate must
				submit a complaint to the clerk within 21 calendar days of an alleged
				occurrence on an inmate grievance complaint form (form #2131). If this form is
				not readily available, a complaint may be submitted on plain paper. The
				complaint may only be filed at the facility where the inmate is housed even if
				it pertains to another facility.
Note:
Exceptions to this time limit or any appeal time limits may
				  be approved by the IGP supervisor under section
				  701.6(g) 
				  of this Part.
(2) Contents.
				In addition to the grievant's name, department identification number, housing
				unit, program assignment, etc., the grievance should contain a concise,
				specific description of the problem and the action requested and indicate what
				actions the grievant has taken to resolve the complaint,
i.e.,
specific persons/areas contacted and responses received. The IGP supervisor
				shall review the grievance complaint and designate the grievance code and
				title. If the IGP supervisor determines that the grievance may be a harassment,
				discrimination or strip frisk/strip search grievance, it shall be processed in
				accordance with the respective expedited procedure (section
				701.8,
				701.9
				or
				701.10 
				of this Part). The clerk shall consecutively number and log each grievance at
				the time of receipt.
(3) Like
				grievances. "Like grievances" may be consolidated at the option of the IGP
				supervisor or IGRC and assigned one grievance calendar number. The first
				complaint received will be given the next sequential grievance number in the
				clerk's log (form #2136). The grievants shall select three or four
				spokespersons from their number to be grievants of record and to represent them
				at the hearing and to ensure expeditious processing of the cases. Any like
				complaint submitted at this time or during processing may be addressed under
				the same grievance calendar number. A list of the names of every inmate who
				submitted a complaint on the issue shall be included with the grievance
				materials and submitted with any appeal which may result. Every effort will be
				made to notify all of the grievants of the response at each level to which the
				grievance is appealed either by written response, posting on inmate bulletin
				boards or radio announcement. Not every complainant may receive an individual
				written response, but the three or four grievants of record will. If none of
				the grievants of record appeal to the next level, any inmate who submitted a
				complaint may continue the appeal. Any inmate on the list of those submitting
				the complaint will be given the number of the grievance of record to submit to
				the court in order to verify exhaustion of the IGP.