HomeMy WebLinkAboutGrievance and Informal Resolution Procedure for OffendersIdaho
Department of
Correction
Standard
Operating
Proce dure
Division of
Prisons
Offe nder Manageme nt
Control Number:
316.02.01.001
Version:
4.0
Page Numbe r:
Adopte d:
9-1-1995
T itle :
Grievance and Informal Resolution
Proc edure for Offenders
Ashley Dowell, division chief, approv ed this document on 11/07/2018.
Open to the p ublic: Yes
BOARD OF CORRECTION IDAPA RULE NUMB ER
None
POLICY CONTROL NUMBER 316
Grievance Process: Offender
DEFINITIONS
Standardized Terms and Definitions List
Contract Medical Provider: A private com pany or other entity that is under contract with
the Idaho Department of Correction (IDOC) to provide comprehensive m edic al, dental,
and/or mental health services to the IDOC’s incarcerated offender population.
Facility Health Authority: The c ontract medical provider em ployee who is primarily
responsible for overseeing the delivery of medical services in an Idaho Department of
Correction (IDOC) facility.
Health Authority: The Idaho Departm ent of Correction (IDOC) em ployee who is primarily
responsible for overseeing or m anaging the IDOC’s m edical services. The health authority is
comm only referred to as the health services director.
Medical Contract Regional Manager: The contract medical provider employee who is
responsible for overseeing c ontract medical provider operations in Idaho Department of
Correction (IDOC) facilities.
PURPO SE
The purpose of this standard operating proc edure (SO P) is to increase the safety and
security of Idaho Departm ent of Correction (IDOC) correctional facilities by providing
offenders a process to voice complaints about polic ies, divis ion directives, SOPs, field
memorandums, conditions of c onfinement, em ployee actions, actions of other offenders,
healthcare, and other incidents occurring within the jurisdiction of the IDOC unless otherwis e
noted in this SOP.
Note: This document is referenced
in a POST lesson plan.
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SCO PE
This SOP applies to all IDOC c orrectional facilities (inclusive of c omm unity work c enters
[CW Cs ]), assigned staff, and offenders.
Note : Offender c oncerns and grievances directed to the deputy attorney generals (DAGs )
do not fall within the scope of this SOP. See s ection 5 for further details .
RESPO NSIBILIT Y
Facility heads (or designees) are res ponsible for:
• Im plem enting this SO P;
• Creating field m em orandums (if nec essary) to desc ribe fac ility-s pecific proc ess es
that are not described in this SO P;
• Ensuring s taff m em bers prac tic e the requirem ents c ontained herein; and
• Appointing a staff m em ber to s erve as the fac ility’s grievance c oordinator.
T able of Conte nts
1. Grievance and Informal Resolution Proce ss Overv ie w ............................................... 3
Staff Res ponsibilities..................................................................................................... 3
2. Notifying Offende rs of Griev ance and Informal Re solution Proce dure s................... 4
3. Non-griev able Issue s and Exce ptions............................................................................ 4
Issues that Cannot be Grieved ..................................................................................... 4
Sentence ....................................................................................................................... 4
Parole ............................................................................................................................ 4
Prev iously Grieved Iss ues ............................................................................................ 4
Outside Problem s ......................................................................................................... 4
Disc iplinary .................................................................................................................... 5
4. Grievance Cate gorie s....................................................................................................... 5
5. Offende r Conce rn Forms and Griev ance /Appe al Forms ............................................. 6
Offender Concern Forms .............................................................................................. 7
Offender Res pons ibilities .............................................................................................. 7
Griev anc e/Appeal Forms .............................................................................................. 8
6. Prote ctions against Re prisal or Re taliation................................................................... 9
7. Proce dure for Filing an O ffe nde r Griev ance ............................................................... 10
Table 7-1: Fi ling Griev anc es for Issues Inv olv ing the Current Hous ing Facility ........ 10
Table 7-2: Fi ling Griev anc es for Issues Inv olv ing the Prev ious Housing Facility ...... 14
8. Proce dure for Filing an Offe nde r Appe al ..................................................................... 15
Table 8-1: Fi ling a n Appeal for Issues Involving the Current Hous ing Facility .......... 15
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Table 8-2: Fi ling a ppeals for Issues Involving the Prev ious Housing Facility............ 17
9. Review and Appellate Authorities................................................................................. 18
For Prison and CWC Issues ....................................................................................... 18
For Healthcare or Contract Medical Provider Iss ues ................................................. 18
10. Review and Appe llate Authority Options: Grant, M odify, or Deny........................... 18
11. Documentation ................................................................................................................ 19
12. Filing Lawsuits against the IDOC.................................................................................. 19
REFERENCES........................................................................................................................ 19
GENERAL REQUIREMENTS
1. Grievance and Informal Resolution Process O ve rview
An effective grievance and informal resolution process gives offenders the ability to voic e
concerns; help IDOC staff increase adherence to policy and procedure; and aid in the
discovery of unworkable, impractical, or inconsistent practices.
The grievance and informal res olution process has three (3) com ponents:
• Concerns (Using appendix A, O ffender Concern Form )
• Grievances (Using appendix B, Grievance/Appeal Form )
• Appeals (Using appendix B, Griev ance/Appeal Form)
The grievance and informal res olution process begins with the offender making an attem pt
to discuss with a staff mem ber a problem or action that affects either the offender or the
offender population as a whole. If unable to resolve the issue, the offender may then submit
an Offender Concern Form . If the problem c annot be solved by submitting an O ffender
Concern Form , the offender can then submit a grievance using the Grievance/Appeal Form.
(Also see section 12.)
Staff Responsibilities
Staff mem bers s hould try to s olve problems with offenders at the lowest, appropriate
level.
W hen staff members recognize that a problem exists, but it is beyond the scope of their
authority, they should work through their c hain of comm and to achieve a s olution.
A staff mem ber should respond to an O ffender Concern Form within seven (7) days of
the ‘c ollected/rec eived’ date indicated on the form. If a staff member does not respond
within seven (7) days, the offender can elect to submit another Offender Concern Form
to another staff member or use the grievance process (see the subsection below
‘Grievance/Appeal Forms’ and section 7). If the offender dec ides to use the grievance
process , he must write ‘no res ponse’ in the ‘staff section’ of the offender’s copy (pink) of
the form and attach it to the Griev anc e/Appeal Form.
Note: The res ponding staff member shall sign, provide his assoc iate ID num ber, and
date the Offender Concern Form.
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2. Notifying Offe nders of Grie vance and Informal Re solution Pr oce dure s
Facility heads will ensure that this SO P is readily available to all offenders housed in their
fac ility.
W ithin 10 days after arriving at an IDO C Reception and Diagnostic Unit (RDU), each
offender will receive both written (appendix C, Grievance and Inform al Resolution Proc es s
for Offenders Offender Handout) and verbal instructions regarding the grievance proc edure,
inc luding a question and answer period. Appropriate provisions will be made for those
speaking other languages and for the dis abled or those requiring s pec ial acc ommodat ions .
Any provision or accommodation will be based upon the specific needs or limitation of the
offender on a case-by-case basis. All provisions or accommodations will be documented in
the offender management system.
If s taff learns that an offender is having difficulty understanding the informal resolution and
grievance proc ess, the offender should be given a c opy of the Griev anc e and Inform al
Resolution Proc es s for Offenders Offender Handout. If the offender is illiterate, a s taff
mem ber can explain the proc edures, read, or have the Griev ance and Informal Res olution
Proc es s for Offenders Offender Handout read to the offender.
3. Non-grievable Issues and Exce ptions
Issues that Cannot be G rieved
This list provides a descr iption of iss ues that c annot be grieved in accordanc e with this
SO P.
Sentence
The length of an offender’s s entence is determ ined by the c ourt and is not within the
IDOC’s control.
Exc eption: An offender m ay use the grievance and inform al resolution proc es s (s ee
section 1) to res olve issues with how the IDOC c alculated the sentence.
Parole
To res olve parole issues , the offender m us t c ontac t the Idaho Comm ission of Pardons
and Parole.
Previously Grieved Issues
After an iss ue has been reviewed at the appellate level and all administrative review
proc es s remedies exhausted, a new Offender Conc ern Form (appendix A) or
Grievance/Appeal Form (appendix B) that addresses the sam e issue will be rejected.
This includes any issue that is written s o that it appears to be a new iss ue.
Exc eptions:
• W hen a s pecific issue was not addressed in a previous grievance even though
the issue was based on the s ame inc ident;
• W hen a policy, SOP, field m em orandum, or other process or proc edure has
changed s inc e the las t grievance was filed regarding that same issue; and
• W hen tim e has elapsed that m ight affect the iss ue (e.g., one year has passed
since a grievance regarding a rec lassification issue was filed).
Outside Pr oblem s
Problem s that are beyond the IDOC’s control.
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Disciplinary
Offenders cannot s ubmit a Grievance for issues specific to the offender disciplinary
system such as behavioral interventions and/or sanctions, infraction reports, disc iplinary
offense reports (DORs), actions, and hearing officer, review authority, and appellate
authority decisions. Further information can be found in SOP 318.02.01.001, Disc iplinary
Proc edures for Inmates.
Exc eptions:
Issues related to a disciplinary action that are not s pecific to the appeal process may be
grieved. See the following exam ples.
Example #1 –Written or verbal warnings documented in the Corrections Integrated System (CIS).
Example #2 – An offender claims his placem ent res ulted in a fight for which he rec eived
a DOR. An appeal to the DOR itself, the offender must use the DOR appeal process.
The offender could file a grievance regarding placem ent.
Example #3 – An offender can use the grievance process to address class ification
issues aris ing because of custody affected by DOR points.
4. Grievance Cate gories
The following table provides a list of grievance categories and descriptions. The categories
are used for adm inistrative tracking purposes and are not for determ ining inc lus ion or
exclusion criteria.
Note: Staff s hall use their best judgm ent to categorize the grievance in acc ordance with the
following table.
Griev ance Cate gory Grievance De scription
Acce ss to Courts Anything related to access to c ourt issues.
Administration another category. For example, a s entencing c alculation made by
Classification
Commissary
Complaints Against
Staff
Conditions of
Confineme nt
•
recreation, and library.
• Issues related to physical plant such as temperature,
lighting, and ventilation.
• Issues related to s upplies such as toilet paper, soap, and
Education
Food
Institutional Job
Assignme nts
Laundry
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Griev ance Cate gory Grievance De scription
M ail Any issue related to incoming or outgoing mail.
Me dical/Healthcare
Note :
fac ility grievance coordinator must assign the grievance to an
appropriate contract medical provider staff member (e.g., fac ility
Offender Trust Account
Policy or SOP
Prison Rape
Elimination Act (PREA)
Note : Prison Rape
Elimination, the grievance c oordinator will imm ediately notify the
Programs
Prope rty
Re ligion
•
•
Note :
first determine if the issue r aised has been addressed by the
fac ility’s Religious Activities Overs ight Comm ittee (RAOC). If the
fac ility RAOC did address the issue, the fac ility RAOC’s respons e
must be used to answer the grievance. If the fac ility RAOC did not address the issue, the facility must contact the facility
volunteer and religion coordinator (VRC) for further instruction. In
most cases, the facility will forward the grievance to the fac ility
RAOC if the issue was not previously addressed with the fac ility
RAOC.
Security restraints or transports for movement, counts, searc hes, etc. that
Tele phones
Visiting
Vocational WorkProjects
5. Offender Concern Forms and Grievance/Appeal Forms
Each fac ility will provide a lockbox for offenders to place offender grievance/appeal forms
and concern forms c ons idered c onfidential).
Note: Lockboxes in facilities with restrictive housing units must be identified in field
memorandum and may include mobile lockboxes and lockboxes near recreation areas,
showers, etc.
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The Offender Concern Form (appendix A) and Grievance/Appeal Form (appendix B) m ust
be com pleted by the offender in his own handwriting. However, if the offender is unable to
write the c oncern or grievance due to illiteracy (i.e., the offender cannot read or write
English) or due to a physical dis ability (e.g., the offender is unable to use his writing hand or
arm for noted healthcare reasons), he s hall be allowed to have another offender write the
concern or grievanc e for him . In addition, if the facility grievance c oordinator rec eives a
concern or grievanc e form that is not legible or understandable and has attem pted to correct
the error with the offender, the facility head m ay assign another offender (suc h as an
offender who has an education or adm inistration institutional job) to write the concern or
grievance for the submitting offender, us ing the s ubmitting offender’s own words.
Offenders m ust als o refrain from us ing c oncern and grievance form s to haras s or intim idate
a s taff m em ber. If the language us ed in a concern or grievance form c ould c ons titute
harassment or intim idation, the c oncern or grievanc e form will be returned unanswered to
the offender along with a note indic ating that the form can be res ubmitted if written
respectfully and/or appropriately. W hen a concern or grievance form is returned for any of
these stated reasons, the return itself shall not c ons titute the offender us ing a ‘no res pons e’
ac tion as described in the below s ubsec tions to begin the grievance proc ess.
Note : The DAGs who represent the IDOC are not a part of the offender concern or grievanc e
proc ess , and offenders m us t not be allowed to submit an Offender Concern Form or a
Grievance/Appeal Form to the DAGs. Staff m ay (a) return the form to the offender c iting the
appropriate person to addres s the form to, or (b) forward the form to the appropriate person
for a res pons e.
Offender Concern Form s
The Offender Concern Form (appendix A) will be a half (½) sheet printed on three (3)-
part ‘no carbon required’ (NCR) paper using the following c olors :
• White — This is the original and m ust be filed (see s ection 11).
• Pink — This copy is returned to the offender after a staff m em ber signs it. It is the
offender’s proof that the s taff m em ber took rec eipt of the form .
• Ye llow — This c opy c ontains the responding staff m em ber’s respons e, signature,
assoc iate ID number, date, and is returned to the offender.
Note : NCR paper or c arbonless copy paper is used to m ake a c opy of the original
docum ent by handwriting on the top docum ent.
Offender Responsibilities
Offenders are responsible to addres s their c oncern form s to the appropriate staff
m em ber and to us e the concern/grievance system in a respons ible manner.
A description of the problem m ust be written within the appropriate area on one O ffender
Concern Form and there m ust not be any attac hm ents included with the form. Offender
concern form s m us t be handwritten and legible. An Offender Concern Form that is
diffic ult to read or understand m ay be returned to the offender with instruc tion to m ake it
legible or c learly explain the issue. If s taff dec ides it is nec essary to obtain m ore
inform ation, a s taff member m ay interview the offender or request additional
explanation.
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Vague issues/com plaints, offender pers onal attacks on staff (e.g., the use of profanity or
name-calling), or harassm ent of staff will be cause for staff to not accept the Offender
Concern Form . (Also, see the main section 5.)
Offenders must address the O ffender Concern Form to the appropriate staff mem ber.
For exam ple, s ending the form to a facility head or deputy warden when it should have
gone to the property officer will only delay the process.
If the issue is not c onfidential to the offender, the offender must deliver the Offender
Concern Form to the unit officer. The unit officer shall acknowledge receipt of the form
by signing and dating the form. The unit officer shall then give the offender the pink c opy
of the form.
If the issue is c onfidential to the offender, the issue can be r eported directly to the fac ility
head by sealing the O ffender Concern Form in an envelope and plac ing the envelope in
the designated lockbox. The offender must place his name and living unit information in
the upper left-hand corner of the envelope.
Note : If the facility head determines the iss ue is not confidential, he may (a) return the
Offender Concern Form to the offender citing the appropriate person to address the form
to, or (b) forward the form to the appropriate person for a respons e.
Note: If the issue pertains to PREA, additional reporting options can be found in SO P
325.02.01.001, Prison Rape Elim ination.
Note: Because offenders may only s ubmit one Offender Concern Form (concerning a
specific issue) to one staff member at a time, if the offender address es the form to the
incorrect staff member and the staff mem ber directs the offender to address the form to
another appropriate staff mem ber, the offender shall be allowed to resubmit the form and
not have it considered a duplicate or multiple submiss ion.
Grievance/Appeal Forms
All offenders can use the grievance process regardless of their classification or hous ing
status.
Offenders must avoid using grievances for problems that should be res olved inform ally
(see section 1). Overloading the grievance system slows the process and reduces staff
members’ ability to consider the problems being grieved. To ensure that all offenders
have timely access to the gr ievance process and that the grievance system is not
overwhelmed and grievances can be processed within allotted timeframes, the following
guidelines must be followed, or the Griev anc e/Appeal Form (appendix B) will not be
acc epted.
Note: The deputy c hief of the Pris ons Bureau, chief of the Operations Division, or
director of the IDOC may waive any of these guidelines and order that the grievance be
accepted and process ed.
• Grievances must be s ubmitted within 30 days of the inc ident, and appeals mus t
be submitted within 14 days of the review authority’s decision. The review
authority may extend the 30-day time limit, and the appellant authority may extend
the 14-day time limit.
• For grievances, the offender must include a c opy of the processed offender
concern forms (appendix A, yellow copy) that s hows the res ponding staff
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m em ber’s response. If s taff did not respond within the allotted time (s ee the
subsec tion above ‘Offender Concern Forms ’), the offender mus t write ‘no
res ponse’ in the s taff section of his pink c opy of the form and attach it to the
Griev anc e/Appeal Form .
• The offender m ust not have m ore than three (3) open/ac tive grievances (including
appeals ) in the s ystem at any tim e. For the purpose of this SOP only, ‘open’
m eans awaiting a respons e from the review or appellate authority. Fac ility heads
c an waive the three (3) open/active grievanc e limit when, in the fac ility head’s
opinion, delaying the grievance will m ake it difficult to res olve the issue. In
addition, the review authority m ay extend the three (3) open/active grievanc e limit
if the limit itself will prevent the offender from filing a grievance within the allotted
tim efram es descr ibed in this s ection.
• The offender m ust not raise more than one specific issue per grievance, and the
grievance must be limited to one page of the Griev ance/Appeal Form (i.e.,
m ultiple pages of the form will not be acc epted).
• Grievanc e/appeal form s m us t be handwritten and legible. A Griev anc e/Appeal
Form that is difficult to read or unders tand may be returned to the offender with
ins truction to m ake it legible or clearly explain the issue. As applic able, the
grievance and/or appeal m us t (a) contain a reasonable and c lear description of
the problem and (b) contain specific inform ation suc h as dates, places, and
names. The description of the problem m ust be (a) written within the appropriate
area of the Grievance/Appeal Form , and (b) c ivil, c oncis e, understandable, and to
the point. Vague issues /com plaints, offender personal attac ks on s taff (e.g., the
use of profanity or name-c alling), or harassm ent of staff will be c aus e for staff to
not accept the grievance. (Also s ee the m ain section 5.) If staff decides it is
necessary to obtain m ore inform ation, a s taff member may interview the offender
or reques t additional written explanation.
• The offender m ust s ugges t a s olution to the iss ue.
• The offender submitting the G riev ance/Appeal Form mus t s ign the form .
Note : Offender grievances s hall be treated as c onfidential and only those s taff m em bers
who have a need to know may view them.
Returning a Grievance/Appeal Form to an Offe nde r
Grievanc e c oordinators m ay return grievances that do not m eet the above guidelines;
however, grievanc e coordinators must consult with the review or appellate authority
anytim e there is a question regarding the rejection of a grievance. (See proc es s steps in
section 7 or sec tion 8, as applic able.)
Note : Grievance respons es should be returned to the offender in a s ealed envelope or
folded and s ec ured.
6. Prote ctions Against Re prisal or Re taliation
Staff m em bers are prohibited from reprisal or retaliation against any offender who disc uss es
an issue with staff, s ubmits an Offender Concern Form (appendix A) or Griev anc e/Appeal
Form (appendix B), or partic ipates in the grievance proc ess . An offender can submit a
c oncern or grievanc e form (as applic able) against any staff m em ber who us es reprisal or
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retaliation against him. However, if an investigation or staff observation (that is independent
of the filed concern or grievance) determines that the offender violated IDOC rules, the
offender can be held accountable in accordance with SOP 318.02.01.001, Disc iplinary
Procedures: Offender.
7. Proce dure for Filing an O ffe nder Grievance
Occas ionally, because of the nature of the decision, it may not be necessary for a grievanc e
to have three (3) levels of res ponse (res ponding staff member, review authority, and
appellate authority). For exam ple, if the decision was s olely that of the facility head
(appellate authority) then the facility head may elect to respond without the grievance
receiving a ‘level 1’ (res ponding staff member) or ‘level 2’ (review authority) respons e.
Table 7-1: Filing Grievances for Issues Involving the Current Housing Facility
Functional Roles and
Re sponsibilitie s
Ste p
T asks
CIS ste ps are in bold
Offe nder
1
of the requirem ents described in section 5 of this SOP are
met, and within 30 days of the incident, do the following:
• Obtain appendix B, Griev ance/Appeal Form, check
the box next to ‘grievance’, and complete only the top
section of the form. Do not com plete the bottom
‘appeal’ section of the form.
• Attach all offender concern forms that were used in an
attempt to res olve the issue and supporting
documentation such as copies of property inventories .
(Refer to section 5 for additional details.)
• After com pleting the Griev ance/Appeal Form, place it
in the lockbox the facility has designated for
deadline when there is proof that you have made a
reasonable, ongoing attempt to resolve the iss ue.
Designated Staff
2 Monday through Friday, exc ept for State of Idaho-observed
holidays.
Grievance C oordinator
3
business days of receiving the com pleted
Griev ance/Appeal Form.
In the Corrections Integrated System (CIS), locate the
‘grievance detail’ screen, and make selections from the
‘cate gory’ and ‘griev ance location’ drop-down boxe s.
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Functional Roles and
Re sponsibilitie s
Ste p
T asks
CIS ste ps are in bold
Grievance Coordinator
4
Griev ance/Appeal Form
correctly (see section 3, section 4, and section 5 of this
SOP).
• If the form is not com pleted correctly, proc eed to step
5.
• If the form is com pleted correctly or after a previously
Grievance Coordinator
5
Griev ance/Appeal Form
the following:
• In the CIS, ‘grievance detail’ screen, locate the
‘comments’ fie ld; note that the grievance was
returned to the offe nder and state the re ason why
as indicated on appendix D, Grievance Transmittal
Form ; and from the ‘grievance status’ dr op-down
box, select ‘returned w/o action’.
• Forward the com pleted Grievance Transmittal Form
and return the Grievance/Appeal Form to the
Griev anc e/Appeal
Form is properly com pleted.
Grievance Coordinator
6
Griev ance/Appeal Form
after a previously incom plete form is corrected, do the
following:
• In the CIS, ‘grievance detail’ screen, type t he
offe nder’s written statements in the appropriate
fie lds.
• From the ‘grievance status’ dr op-down box, select ‘pe nding’.
Note: T he offende r’s stateme nt must be type d
verbatim. You are not allowed to correct spe lling,
grammar, word choice, or punctuation. However, to
make the statement easier to read, correct upper and
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Functional Roles and
Re sponsibilitie s
Ste p
T asks
CIS ste ps are in bold
Grievance Coordinator
7
In the CIS, ‘grievance detail’ scree n, se le ct the
appropriate response level radio button, and comple te
Note: Assign the grievanc e to a staff mem ber that is mos t
c apable of res ponding to and, if appropriate, resolving the
issue (w hich c ould be the offender’s previous housing
facility). Exam ples: visiting issues go to visiting supervisor,
property issues go to property s upervisor, food service
issues go to food service supervisor. You should disc uss
the assignm ent with the review authority as needed.
Note: Grievances involving healthcare issues must be
assigned to the appropriate c ontract m edical provider staff
mem ber (e.g., fac ility health authority, physician, or nurse).
Grievance Coordinator
8 grievance to an email, and s end the em ail to the staff
mem ber assigned to respond to the grievance (notifying
Assigned Staff
Member
9
com plete step 9. If step 9 cannot be completed within the
time limit, notify the grievance coordinator so that another
staff mem ber can be assigned (if appropriate) and a delay
notification s lip (see appendix E) can be sent to the
•
grievance, and determ ine whether polic ies, SOPs ,
divis ion directives, field memorandums, and best
correctional practices were followed.
• Reply to the grievance coordinator’s email by
including a c lear and professional res ponse to the
grievance coordinator to copy and paste your commen ts
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Page Numbe r:
13 of 19
Functional Roles and
Re sponsibilitie s
Ste p
T asks
CIS ste ps are in bold
Grievance C oordinator
10
mem ber’s response:
• Copy and paste the staff member’s response into
the CIS, ‘grievance detail’ screen in t he
appropriate fie ld.
• Select the appropriate response level ra dio
button, and comple te all applicable fie lds.
• If appropriate, notify (via em ail) the review authority of
Note: T he staff member’s response shall be copied and
pasted as written. You are not allowed to corr ect
spe lling, grammar, word choice, or punctuation.
However, to make the statement easier to read, correct
upper and lower case as appropriate.
Note: Placing the cursor in the ‘returne d from’ and
‘sent to’ fields will auto-fill those fields with a date .
Ensure the correct dates are reflected.
Note: Based on the information provided at the beginning of
section 7 of this SOP, it may be appropriate for step 11 to
be performed by someone other than the deputy warden or
second-in-comm and. See section 9 of this SO P.
Review Aut hority
(See section 9 of this
SO P)
11
notify the grievance coordinator so that a delay notification
• Enter the CIS and review the gri evance, the staff
response and, as needed, any applicable rules,
policies, SOPs, etc.
• Select the appropriate response level ra dio
button, and comple te all applicable fie lds. (Se e
section 10 for decision options.)
• Notify (via email) the grievance coordinator that your
Control Number:
316.02.01.001
Ve rsion:
4.0
T itle:
Grievance and Informal Resolution
Page Numbe r:
14 of 19
Functional Roles and
Re sponsibilitie s
Ste p
T asks
CIS ste ps are in bold
Grievance C oordinator
12
In the CIS, ‘grievance detail’ scree n:
• Select the appropriate response level ra dio
button, and comple te all applicable fie lds. (Also
see section 5 of this SOP to ensure all
re quirements have been met.)
• Print two (2) copies of the grievance, and forwar d
one copy of the printed grievance and t he
offe nder’s original Grievance/Appeal Form and
attachments to the offender; and
• File one copy of the printed grievance and copies of
the offender’s original Griev ance/Appeal Form and
attachm ents in the fac ility adm inistration area. (See
Note: Placing the cursor in the ‘returne d from’ and
‘sent to’ fields will auto-fill those fields with a date .
For furt her as s is t anc e w ith C IS, s ee y ou r des ignated C IS s uper us er.
Table 7-2: Filing Grievances for Issues Involving the Previous Housing Facility
Functional Roles and
Re sponsibilitie s
Ste p
T asks
Offe nder 1
Griev ance Coordinator
(at the offe nder’s
current housing
2
Griev ance Coordinator
(at the offe nder’s
previous housing
3
Assigned Staff
Member
(at the offe nder’s
previous housing
4
Griev ance Coordinator
(at the offe nder’s
previous housing
5
Control Number:
316.02.01.001
Ve rsion:
4.0
T itle:
Grievance and Informal Resolution
Page Numbe r:
15 of 19
Functional Roles and
Re sponsibilitie s
Ste p
T asks
Review Authority
(at the offe nder’s
previous housing
facility)
(See section 9 of this
SOP)
6
•
• Notify (via email) your facility’s grievance coordinator
that your review has been com pleted.
Griev ance Coordinator
(at the offe nder’s
previous housing
7 offender’s current hous ing facility that the review authority’s
review has been completed.
Griev ance Coordinator
(at the offe nder’s
current housing
8
8. Proce dure for Filing an O ffe nder Appeal
If the offender is not satisfied with the review authority’s grievance decision, the offender
may appeal the decision us ing the following process steps.
Table 8-1: Filing an Appeal for Issues Involving the Current Housing Facility
Functional Roles and
Re sponsibilitie s
Ste p
T asks
CIS ste ps are in bold
Offe nder
1
ensure that all of the requirem ents described in section 5 of
this SOP are met, and within 14 days of the review
authority’s decision, do the following:
• Using the previously submitted Griev ance/Appeal
Form, check the box next to ‘appeal’, and complete
the rem aining bottom section of the form.
• After com pleting the bottom section of the previously
s ubmitted Griev ance/Appeal Form, place it in the
lockbox the facility has des ignated for grievances ,
deadline for unfores een circumstances that prevent you
from filing within the 14-day time limit.
Designated Staff
2 Monday through Friday, exc ept for State of Idaho-observed
Control Number:
316.02.01.001
Ve rsion:
4.0
T itle:
Grievance and Informal Resolution
Page Numbe r:
16 of 19
Functional Roles and
Re sponsibilitie s
Ste p
T asks
CIS ste ps are in bold
Grievance C oordinator
3
Griev ance/Appeal Form
• In the Corre ctions Integrate d System (CIS), locate
the ‘grievance detail’ screen, and select the
appropriate response level radio button.
• From the ‘grievance status’ dr op-down box, select
‘pe nding’.
• Type the offe nder’s written statement in the
appropriate fie ld, and comple te all othe r
applicable fie lds.
• If appropriate, notify (via em ail) the appellate authority
Note: T he offende r’s stateme nt must be type d
verbatim. You are not allowed to correct spe lling,
grammar, word choice, or punctuation. However, to
make the statement easier to read, correct upper and
lower case as appr opriate.
Note: Placing the cursor in the ‘returne d from’ and
‘sent to’ fields will auto-fill those fields with a date.
Ensure the correct dates are reflected.
Note: Appeals inv olv ing healthcare issues must be
assigned to the health authority.
Appellate Authority
(See section 9 of this
SO P)
4
notify the grievance coordinator so that a delay notification
s lip (see appendix E) can be sent to the offender.
• Enter the CIS and review the gri evance, the staff
response and, as needed, any applicable rules,
policies, SOPs, etc.
• Select the appropriate response level ra dio
button, and comple te all applicable fie lds. (Se e
section 10 for decision options.)
• Notify (via email) the grievance coordinator that your
Control Number:
316.02.01.001
Ve rsion:
4.0
T itle:
Grievance and Informal Resolution
Page Numbe r:
17 of 19
Functional Roles and
Re sponsibilitie s
Ste p
T asks
CIS ste ps are in bold
Grievance C oordinator
5
In the CIS, ‘grievance detail’ scree n:
• Select the appropriate response level ra dio
button, and comple te all applicable fie lds. (Also
see section 5 of this SOP to ensure all
re quirements have been met.)
• Print two (2) copies of the grievance, and forwar d
one copy of the printed grievance and t he
offe nder’s original Grievance/Appeal Form to the
offe nder; and
• File one copy of the printed grievance and a copy of
the offender’s original Griev ance/Appeal Form (the
form that has the bottom section com pleted) in the
fac ility administration area. (See section 11 of this
Note: Placing the cursor in the ‘returne d from’ and
‘sent to’ fields will auto-fill those fields with a date .
Ensure the correct dates are reflected.
For furt her as s is t anc e w ith C IS, s ee y ou r des ignated C IS s uper us er.
Table 8-2: Filing appeals for Issues Involving the Previous Housing Facility
Functional Roles and
Re sponsibilitie s
Ste p
T asks
Offe nder 1
Griev ance Coordinator
(at the offe nder’s
current housing
2
•
• Notify the grievance coordinator at the offender’s
previous housing fac ility.
Griev ance Coordinator
(at the offe nder’s
previous housing
3 the pending appeal.
Appellate Authority
(at the offe nder’s
previous housing
facility)
(See section 9 of this
SOP)
4
•
• Notify (via email) your facility’s grievance coordinator
that your review has been com pleted.
Griev ance Coordinator
(at the offe nder’s
previous housing
5 offender’s current hous ing facility that the review authority’s
review has been completed.
Control Number:
316.02.01.001
Ve rsion:
4.0
T itle:
Grievance and Informal Resolution
Page Numbe r:
18 of 19
Functional Roles and
Re sponsibilitie s
Ste p
T asks
Griev ance Coordinator
(at the offe nder’s
current housing
6
9. Review and Appellate Authorities
The grievance process has two (2) decision-making authorities: review authority and
appellate authority.
For Prison and CWC Issues
Review Aut hority: The deputy warden or, in facilities without a deputy warden, the
sec ond-in-command.
Appellate Authority: The facility head.
Note: The review or appellate authority will forward grievances that are beyond his
c ontrol to a deputy chief of the Pris ons Bureau. In addition, the review or appellate
authority will notify the IDOC Office of Professional Standards of any issue that could
result in OPS’ involvem ent (e.g., staff misc onduct).
For Healthcare or Contract Medical Provider Issues
Review Aut hority: The c ontract medical provider’s healthcare services adm inistrator
(HAS).
Appellate Authority: The health authority.
Note: W hen the review aut hority or appe llate authority makes his grievance decision,
he must return the grievance and attachm ents (if any) to the facility grievance
coordinator. The review authority or appellate authority must also forward a c opy of the
grievance and any pertinent documents (summ aries, healthcare records, etc.) to the
health authority.
10. Review and Appellate Authority Options: Grant, M odify, or De ny
Review and appellate authorities have three (3) options: grant, modify, or deny.
Grant: The review or appellate authority (as applic able) determ ined that a c hange or
correction is needed and that the offender’s suggested solution is being approved or
granted.
M odify: The review or appellate authority (as applicable) determined that a change or
correction is warranted but that the offender’s solution will not work. A modified res pons e
could inc lude such things as staff training, even if the issue c annot be corrected.
Deny: The review or appellate authority (as applicable) determined that no c hange is
justified.
Control Number:
316.02.01.001
Ve rsion:
4.0
T itle:
Grievance and Informal Resolution
Page Numbe r:
19 of 19
11. Documentation
The grievance c oordinator will enter grievance information into the Corrections Integrated
System (CIS).
The grievance c oordinator will m aintain hard c opies of grievances for five (5) years, as
identified in fac ility field memorandum.
12. Filing Lawsuits against the IDOC
In most cases, the grievance process must be exhausted before an offender can file a
laws uit against the IDOC. Therefore, offenders c annot be disciplined for using the
grievance/concern process or for the c ontent c ontained therein (see section 6.)
REFERENCES
Appendix A, O ffender Concern Form
Appendix B, Griev ance and Appeal Form
Appendix C, Grievance and Informal Resolution Process for O ffenders O ffender Handout
Appendix D, Grievance Transmittal Form
Appendix E, Delay Notification Form
Standard Operating Procedure 318.02.01.001, Disciplinary Proc edures for Inmates
Standard Operating Procedure 149.01.01.001, Prison Rape Elim ination
Standards for Adult Correctional Institutions, Fourth Edition, Standard 4-4284
– End of Document –
IDAHO DEPARTMENT OF CO RRECTIO N
Inmate Concern Form
Inmate Name: IDOC Number:
Institution, Housing Unit, & Cell: Date:
To:
(A ddress to appropriate staff: Person most directly responsible f or this iss ue or c oncer n)
Iss ue/Concern:
(Description of the iss ue must be written only on the lines provided above.)
Inmate signature:
Staff Section
/ Collect ed/Received:
(Signature of Staff Member Acknowledging Receipt) / Associate ID # ) (Date collected or received)
Reply:
Res ponding Staff Signature: Ass ociate ID #: Date:
Pink c opy to inmate (after receiving staff’s signature),
Original and Yellow copy to responding staff (after completing the reply, yellow copy returned to inmate)
T his is an e xact model and must be produced on three (3)-part NCR pape r.
Appendix A
316.02.01.001
(Appendix last updated 6/04/18)
IDAHO DEPART M ENT OF CO RRECT IO N
Appendix B
316.02.01.001
Grievance/Appeal Form
Grievance
Inmate’s Name: IDOC Num ber:
Institution, Housing Unit, & Cell: Date:
For Administrativ e Use
Fac ility: Grievanc e Num ber:
Date Collected: Grievance Category:
Name of Previous Fac ility:
Date Forwarded to Responder:
Level 2 Responder’s Name: Date Due: Received:
Final Grievance Decis ion: Date Sent to Inmate:
Inmate Se ction
Appeal Date:
I am appealing the grievance for the following reas on(s):
Inmate’s s ignature:
IDAHO DEPART M ENT OF CO RRECT IO N
Appendix C
316.02.01.001
Grievance and Informal Resolution Process for Inmates - Inmate Handout
What if I have a problem while incarcerate d?
Sometimes problems happen. If you have a problem, take the following steps.
Know the Rules
The first step is to know and follow the rules. Read standard operating procedure (SOP)
316.02.01.001, Griev ance and Informal Resolution Proc edure for Inmates. Just ask a staff
mem ber for the SOP on the grievance procedures for inmates.
In addition, the Idaho Departm ent of Correction (IDOC) uses policies, directives, and
standard operating proc edures to manage inmates and staff. For now, let’s just call them
all rules. You can read most of the rules that affect you.
Talk to Staff
Second, talk to staff. Staff can s how you the rules, answer your question, or tell you who c an
answer your question.
Write an Inmate Concern Form
Write your problem on an Inmate Concern Form and address it to the proper staff
mem ber. For exam ple, send a property question to the property officer. Do not send multiple
concern forms to different people because doing so only slows the process for everyone.
Deliver the c oncern form to the unit officer. The unit officer will acknowledge receipt of the
form by signing and dating the form. The unit officer will then give you the pink c opy of the
form. Keep the pink c opy. (If the issue is confidential to you, you may place the concern
form in a designated lockbox in accor dance with the SOP 316.02.01.001.)
A staff mem ber should respond within seven (7) days of the ‘collected/received’ date
indicated on the form. If you think the res ponse is wrong or if there is no response within the
seven (7) day time limit, you can file a grievanc e.
File a Grievance
Grievances must be filed within 30 days of the incident. To file a grievance, fill out the top
section of the Griev ance/Appeal Form, and attach the Inmate Concern Form that has the
staff response. If you didn’t get a response write ‘no response’ on the pink c opy of the
concern form that you were given when you filed it, and attach it to the grievance form. Put
the forms in the designated lockbox.
File an Appeal
If you think the answer on the grievance is wrong, you can file an appeal. After you get the
Grievance/Appeal Form back with an answer, you must file the appeal within 14 days of the
review authority’s decision. Write on the bottom section of the Grievance/Appeal Form (the
one you were given when you filed it) why you think the answer is wrong. Put the form in the
designated lockbox. This is the last step in the problem-s olving process.
IDAHO DEPART M ENT OF CO RRECT IO N
Appendix D
316.02.01.001
Grievance Transmi ttal Form
Fac ility: Date:
To: Inmate Name: IDOC Number:
Institution, Housing Unit, & Cell:
From: Grievance Coordinator Other
The attac hed form is being returned wit hout action being taken bec aus e:
You did not submit the grievance within 30 days of the incident.
You did not submit the appeal within 14 days of the review authority’s decisi on.
The form is not handwritt en (it c annot be ty ped).
The form is not legibl e.
You did not include with the grievance an answered or signed Inmate Concern Form(s) t hat s hows
y our attempts to resolve the iss ue informally with applicable staff.
You have three (3) open/active grievances (including appeals) in the sys tem, which is the maximum
number you are allowed.
You have raised more t han one specific issue.
The grievance does not contain a reasonable and clear description of the problem.
The grievance does not describe how you tried to resolve the iss ue informally.
The grievance does not contain s pecific information such as dates, places, and names.
Your description of the problem is not writt en in or within the appropriate area on the form. (Writt en
comments must not exceed the s pace designated for writing comments.)
The grievance is not written in a civil, c oncise, or understandable language; or it is not to the point.
(Grievances c annot contain vague issues/complaints, personal attacks, or harass staff members.)
You did not suggest a solution.
You did not sign the form.
You c annot submit y our appeal until the grievance decision is rendered.
The issue was previ ously grieved under grievance number: .
The issue/complaint is not grievable as indicated in standard operating procedure 316.02.01.001,
Grievance and Informal Resolution Procedures for Inmates, and must be addressed as follows:
You c annot grieve the length of your sentence or a decision that is under the jurisdiction of the court or
Idaho Commission of Pardons and Parole.
This problem is beyond the Idaho Department of Correction’s (IDOC’s) c ontrol.
Ot her (must be approved by the review or appellate authority):
IDAHO DEPART M ENT OF CO RRECT IO N
Delay Notification Slips
Note: Print and cut this form into three (3) Delay Notification Sli ps.
Delay Notification Slip
To: No: Housing Assi gnment
From: Date:
Grievance Grievance Appeal DOR A ppeal
Has been received and logged as # . The res ponse will be delayed because of the following:
Staff away from institution (vacation/sick /t raining, etc.)
Staff Shortage or grievance/appeal backl og
Issue requires further investigati on
Ot her:
Delay Notification Slip
To: No: Housing Assi gnment
From: Date:
Grievance Grievance Appeal DOR A ppeal
Has been received and logged as # . The res ponse will be delayed because of the following:
Staff away from institution (vacation/sick /t raining, etc.)
Staff Shortage or grievance/appeal backl og
Issue requires further investigati on
Ot her:
Delay Notification Slip
To: No: Housing Assi gnment
From: Date:
Grievance Grievance Appeal DOR A ppeal
Has been received and logged as # . The res ponse will be delayed because of the following:
Staff away from institution (vacation/sick /t raining, etc.)
Staff Shortage or grievance/appeal backl og
Issue requires further investigati on
Ot her:
Appendix E
316.02.01.001
(Appendix last updated 2/14/12)