West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-09 - Inmate Grievance Procedures › Section 90-9-6 - Appeal to Commissioner

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Should the
						inmate believe that the Warden/Administrator's response does not resolve his/her
						grievance or the Warden/Administrator fails to respond in the time frames set
						forth in Section 5.4 of this Rule, the inmate may submit an appeal to the
						Commissioner of the Division of Corrections within five (5) days after he/she
						receives the Warden/Administrator's response or the time for the response has
						passed. The appeal shall be submitted using the same form as was submitted to the
						Unit Manager and signing in the appropriate location. Only the grievance form
						together with the Unit Manager and Warden/Administrator's responses shall be
						submitted. Each grievance appealed to the commissioner shall be mailed to the
						Commissioner by first class mail.
Only one grievance per
						envelope shall be permitted.
Except for grievances filed
						pursuant to Section 7, submission of multiple grievances or submission of
						grievances bound with tape or more than one staple or by any other means shall be
						grounds for rejection of the entire mailing in addition to all other grounds. The
						inmate may not tear or fold the forms, except that the forms may be folded to
						place it in a number 10 envelope. The grievance shall be appealed to the
						Commissioner by mailing only the grievance form and singe 8 ½ inch page
						attachment, together with any response from the unit level and
						Warden/Administrator to the Commissioner at the following address:W. Va. Division
						of Corrections
Commissioner's Office
Attention: Inmate Grievance Review
1409 Greenbrier St.
Charleston, WV 25311
6.2. As with the initial level and
						Warden/Administrator's level, the inmate shall be provided a copy of his or her
						grievance form prior to submission to the Commissioner for their records. Only
						the grievance form (including the 1 page attachment submitted to the Unit Manager
						if any) and responses are to be copied.
6.3. Prior to responding to the appeal the
						Commissioner shall review the grievance to determine whether any grounds for
						rejection exists in the same manner as Sections 4.4, 5.1, 5.4 and 6.1 or any
						other provision of this Rule. If such exists the grievance shall be rejected in
						the same manner as provided in Section 4.4.
6.4. The Commissioner shall respond to the
						appeal, in writing, within ten (10) days. The Commissioner shall consider the
						statement of the grievance, as presented at the initial level, together with the
						Warden/Administrator and Unit Manager's response to determine whether the
						response is appropriate and in furtherance with the mission of the Division of
						Corrections and with the orderly operation of the facility. Upon review of the
						grievance, the Commissioner may: affirm the Warden/Administrator and deny the
						grievance; deny the grievance for reasons other than that which is addressed by
						the Warden/Administrator and Unit Manager; grant the grievance; or remand the
						grievance back to the Warden/Administrator or Unit Manager for further action. In
						reviewing the grievance an expectation is placed upon the Warden/Administrator
						and Unit Manager that the grievance will be fully addressed at their levels and
						additional investigation should rarely be necessary. A decision should be able to
						be rendered from a review of the grievance document. If a grievance has not been
						properly submitted through any level by an inmate, it shall be rejected. A
						rejected grievance does not exhaust the grievance process or that step of the
						process.