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HomeMy WebLinkAboutGrievance and Informal Resolution Procedure for Offenders Idaho Departm ent 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: 1 of 19 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 NUMBER 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 m ental health services to the IDOC’s incarcerated offender population. Facility Health Authority: The c ontract m edical provider em ployee who is primarily responsible for overs eeing 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 overs eeing or m anaging the IDOC’s m edical services. The health authority is commonly referred to as the health services director. Medical Contract Regional Manager: The contract m edical provider employee who is responsible for overs eeing c ontract medical provider operations in Idaho Departm ent 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, c onditions 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. Control Number: 316.02.01.001 Ve rsion: 4.0 T itle: Grievance and Inform al Res olution Proc edure for Offenders Page Numbe r: 2 of 19 SCO PE This SOP applies to all IDOC c orrectional facilities (inclusive of c ommunity 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 pons ible for: • Im plem enting this SO P; • Creating field m em orandum s (if nec essary) to describe fac ility-s pecific proc esses 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 pons ibilities..................................................................................................... 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 Disciplinary .................................................................................................................... 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 Hous ing 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 Control Number: 316.02.01.001 Ve rsion: 4.0 T itle: Grievance and Informal Res olution Proc edure for Offenders Page Numbe r: 3 of 19 Table 8-2: Fi ling a ppeals for Issues Involving the Prev ious Housing Facility............ 17 9. Review and Appe llate Authorities................................................................................. 18 For Prison and CWC Issues ....................................................................................... 18 For Healthcare or Contract M edical 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 verview 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, impractic al, 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 s ubmit an Offender Concern Form . If the problem c annot be solved by submitting an O ffender Concern Form , the offender can then s ubmit 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 mem bers recognize that a problem exists, but it is beyond the scope of their authority, they should work through their c hain of command 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 res pond 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 mem ber shall sign, provide his assoc iate ID num ber, and date the Offender Concern Form. Control Number: 316.02.01.001 Ve rsion: 4.0 T itle: Grievance and Inform al Res olution Proc edure for Offenders Page Numbe r: 4 of 19 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 hous ed in their fac ility. W ithin 10 days after arriving at an IDO C Reception and Diagnostic Unit (RDU), eac h 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 ans wer period. Appropriate provisions will be made for thos e speaking other languages and for the dis abled or thos e requiring s pec ial accommodations . 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 Proces 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 description of issues 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 grievanc e and inform al resolution proc es s (s ee section 1) to res olve issues with how the IDOC c alculated the sentenc e. Parole To res olve parole issues , the offender m us t c ontac t the Idaho Commission of Pardons and Parole. Previously Grieved Issues After an issue has been reviewed at the appellate level and all adm inis trative 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 rejec ted. This includes any issue that is written s o that it appears to be a new issue. Exc eptions: • W hen a s pec ific issue was not addressed in a previous grievanc e 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 grievanc e was filed regarding that same issue; and • W hen tim e has elaps ed that m ight affect the issue (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. Control Number: 316.02.01.001 Ve rsion: 4.0 T itle: Grievance and Informal Res olution Proc edure for Offenders Page Numbe r: 5 of 19 Disciplinary Offenders cannot s ubmit a Grievance for issues specific to the offender disciplinary system such as behavioral interventions and/or sanctions, infraction reports, disciplinary offense reports (DORs), actions, and hearing officer, review authority, and appellate authority decis ions. Further information can be found in SOP 318.02.01.001, Disciplinary 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 docum ented 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 its elf, 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 classification 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 accordance with the following table. Grievance Cate gory Grievance De scription Acce ss to Courts Anything related to access to c ourt issues. Administration Any administrative dec is ion or action that is not covered in another category. For exam ple, a s entencing c alculation made by IDOC staff. Classification Any issue related to c lassific ation. Commissary Any issue related to commissary items or purc has es . Complaints Against Staff Any complaint regarding an em ployee’s action or behavior. Conditions of Confineme nt • Issues related to confinement such as access to dayroom, recreation, and library. • Issues related to physical plant such as tem perature, lighting, and ventilation. • Issues related to s upplies such as toilet paper, soap, and indigent items . Education Any issue related to educ ation. Food Any issue related to food or food s ervic e. Institutional Job Assignme nts Any issue related to an institutional job, including pay. Laundry Any iss ue related to laundry s ervice, bedding, State of Idaho- issued c lothing, etc . Control Number: 316.02.01.001 Ve rsion: 4.0 T itle: Grievance and Informal Res olution Proc edure for Offenders Page Numbe r: 6 of 19 Grievance Cate gory Grievance De scription M ail Any issue related to incoming or outgoing mail. Me dical/Healthcare Any issue related to healthc are. Note : If a grievanc e related to a healthc are issue is filed, the fac ility grievance coordinator must assign the grievance to an appropriate contract m edical provider staff member (e.g., fac ility health authority, physician, or nurs e). Offender Trust Account Any issue related to the offender’s trus t account to inc lude proc essing, purc has ing, and errors. Policy or SOP Any issue related to or addressing a specific written guidanc e such as a policy, SOP, divis ion direc tive, or field m em orandum . Prison Rape Elimination Act (PREA) Any issue related to PREA. Note : In accordanc e with SOP 149.01.01.001, Prison Rape Elim ination, the grievance c oordinator will immediately notify the shift commander and facility PREA c oordinator. Programs Any issue related to programs or treatm ent that is not a com plaint against s taff. Prope rty Any issue related to personal property. Re ligion • Any issue related to the acces s or prac tic e of a religion. • Any issue related to religious property. Note : If a grievanc e related to religion is filed, fac ility s taff mus t first determ ine if the issue raised has been addressed by the fac ility’s Religious Activities Overs ight Committee (RAOC). If the fac ility RAOC did address the issue, the facility RAOC’s res pons e must be used to answer the grievance. If the fac ility RAOC did not address the issue, the facility must c ontact the fac ility 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 Any issue related to a s ecurity practice such as the use of restraints or transports for movem ent, counts, searc hes, etc. that is not a com plaint against staff. Tele phones Any issue related to offender telephones, inc luding billing and/or c harges. Visiting Any issue related to visiting rules, applications , or schedules . Vocational Work Proje cts Any issue related to vocational work projects that is not a com plaint against staff or a paym ent issue. 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 fac ilities with restrictive housing units must be identified in field memorandum and may include mobile lockboxes and lockboxes near recreation areas , showers, etc. Control Number: 316.02.01.001 Ve rsion: 4.0 T itle: Grievance and Inform al Res olution Proc edure for Offenders Page Numbe r: 7 of 19 The Offender Conc ern Form (appendix A) and Grievanc e/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 grievanc e 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 conc ern or grievanc e for him . In addition, if the facility grievance c oordinator rec eives a conc ern 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 inis tration institutional job) to write the conc ern 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 grievanc e form s to haras s or intim idate a s taff m em ber. If the language us ed in a concern or grievanc e form c ould c ons titute harassment or intim idation, the c oncern or grievanc e form will be returned unans wered 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 grievanc e form is returned for any of thes e 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 grievanc e 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 Conc ern 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 doc um ent. Offender Responsibilities Offenders are respons ible to addres s their c oncern form s to the appropriate staff m em ber and to us e the conc ern/grievanc e system in a respons ible manner. A description of the problem m ust be written within the appropriate area on one O ffender Conc ern Form and there m ust not be any attac hm ents included with the form. Offender conc ern 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. Control Number: 316.02.01.001 Ve rsion: 4.0 T itle: Grievance and Informal Res olution Proc edure for Offenders Page Numbe r: 8 of 19 Vague issues/com plaints, offender pers onal attacks on staff (e.g., the use of profanity or name-c alling), 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 s hould 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 s hall then give the offender the pink c opy of the form. If the issue is c onfidential to the offender, the issue can be reported directly to the fac ility head by sealing the O ffender Concern Form in an envelope and plac ing the envelope in the des ignated 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 determ ines the issue 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 res pons 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 addresses 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 c onsidered a duplicate or multiple s ubmission. 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 s hould be res olved inform ally (see section 1). Overloading the grievance system slows the process and reduces staff members’ ability to c onsider the problems being grieved. To ensure that all offenders have tim ely access to the grievance 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 accepted. 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 processed. • 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 Control Number: 316.02.01.001 Ve rsion: 4.0 T itle: Grievance and Inform al Res olution Proc edure for Offenders Page Numbe r: 9 of 19 m em ber’s response. If s taff did not respond within the allotted time (s ee the subs ec tion above ‘Offender Concern Forms’), the offender mus t write ‘no res pons e’ 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 lim it 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 lim it if the limit itself will prevent the offender from filing a grievanc e within the allotted tim efram es described 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 accepted). • 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 grievanc e and/or appeal m us t (a) contain a reasonable and c lear description of the problem and (b) contain spec ific 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 dec ides 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 issue. • The offender subm itting 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/Appe al Form to an Offe nde r Grievanc e c oordinators m ay return grievanc es that do not m eet the above guidelines; however, grievanc e coordinators must cons ult 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 discusses 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) agains t any staff m em ber who us es reprisal or Control Number: 316.02.01.001 Ve rsion: 4.0 T itle: Grievance and Informal Res olution Proc edure for Offenders Page Numbe r: 10 of 19 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, Disciplinary Procedures: Offender. 7. Proce dure for Filing an O ffe nder Grievance Occasionally, 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 mem ber, review authority, and appellate authority). For exam ple, if the decision was s olely that of the facility head (appellate authority) then the fac ility head may elect to respond without the grievanc e receiving a ‘level 1’ (res ponding staff mem ber) or ‘level 2’ (review authority) res pons 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 If informal problem solving is uns uccessful, ensure that all 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 com plete only the top section of the form. Do not com plete the bottom ‘appeal’ section of the form. • Attach all offender c oncern forms that were used in an attempt to res olve the issue and supporting docum entation 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 des ignated for grievances, appeals, etc . Note: The review authority m ay agree to extend the deadline when there is proof that you have m ade a reas onable, ongoing attempt to resolve the issue. Designated Staff 2 Collect the grievance/appeal form s from the loc kbox and s ubm it them to grievance c oordinator. Note: The forms s hould be c ollected (at a minim um ) Monday through Friday, exc ept for State of Idaho-observed holidays. Grievance Coordinator 3 Note: Steps 3 through 8 m us t be com pleted within five (5) 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 ‘grievance location’ drop-down boxe s. Control Number: 316.02.01.001 Ve rsion: 4.0 T itle: Grievance and Informal Res olution Proc edure for Offenders Page Numbe r: 11 of 19 Functional Roles and Re sponsibilitie s Ste p T asks CIS ste ps are in bold Grievance Coordinator 4 Determ ine if the Grievance/Appeal Form is com pleted 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 inc omplete form is correc ted, proc eed to step 6. Grievance Coordinator 5 If the Grievance/Appeal Form is not c ompleted correctly, do 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 appe ndix D, Grievance Transmittal Form ; and from the ‘grievance status’ drop-down box, select ‘returne d w/o action’. • Forward the com pleted Grievance Transmittal Form and return the Grievance/Appeal Form to the offender. Note: The proc es s ends here until the Griev anc e/Appeal Form is properly com pleted. Grievance Coordinator 6 If the Grievance/Appeal Form is c ompleted c orrec tly or after a previously incom plete form is corrected, do the following: • In the CIS, ‘grievance detail’ screen, type the offe nder’s written statements in the appropriate fie lds. • From the ‘grievance status’ drop-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 e asier to read, correct upper and lowe r case as appropriate . Control Number: 316.02.01.001 Ve rsion: 4.0 T itle: Grievance and Informal Res olution Proc edure for Offenders Page Numbe r: 12 of 19 Functional Roles and Re sponsibilitie s Ste p T asks CIS ste ps are in bold Grievance Coordinator 7 In the CIS, ‘grievance detail’ screen, se le ct the appropriate response level radio button, and comple te all applicable fields. 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 (which 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 servic e issues go to food service supervisor. You should discuss 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 Attac h a portable doc ument form at (PDF) vers ion of the grievance to an em ail, and s end the em ail to the staff mem ber assigned to respond to the grievance (notifying him of the assignm ent). Assigned Staff Member 9 Note: W ithin 14 days of being notified of the assignm ent, com plete step 9. If step 9 cannot be com pleted within the time limit, notify the grievance c oordinator 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 offender. • Review the issue described in the PDF vers ion of 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 em ail by including a c lear and professional response to the PDF vers ion of the grievanc e. Note: The response m ust be in a form at that will allow the grievance coordinator to c opy and paste your comments into the CIS. Control Number: 316.02.01.001 Ve rsion: 4.0 T itle: Grievance and Informal Res olution Proc edure for Offenders Page Numbe r: 13 of 19 Functional Roles and Re sponsibilitie s Ste p T asks CIS ste ps are in bold Grievance Coordinator 10 W ithin three (3) working days of rec eiving the staff mem ber’s res pons e: • Copy and paste the staff member’s response into the CIS, ‘grievance detail’ screen in the appropriate fie ld. • Select the appropriate response level radio button, and comple te all applicable fie lds. • If appropriate, notify (via em ail) the review authority of the grievance assignm ent. Note: T he staff me mber’s response shall be copied and pasted as written. You are not allowed to correct spe lling, grammar, word choice, or punctuation. However, to make the statement e asier 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 fie lds 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 som eone other than the deputy warden or second-in-command. See section 9 of this SO P. Review Authority (See section 9 of this SO P) 11 Note: If step 11 cannot be c om pleted within the tim e limit, notify the grievance c oordinator so that a delay notification s lip (see appendix E) c an be sent to the offender. W ithin 16 days of rec eiving the s taff member’s res pons e: • Enter the CIS and review the grievance, the staff response and, as needed, any applicable rules, policies, SOPs, etc. • Select the appropriate response level radio button, and comple te all applicable fie lds. (Se e section 10 for decision options.) • Notify (via email) the grievance c oordinator that your review has been com pleted. Control Number: 316.02.01.001 Ve rsion: 4.0 T itle: Grievance and Informal Res olution Proc edure for Offenders Page Numbe r: 14 of 19 Functional Roles and Re sponsibilitie s Ste p T asks CIS ste ps are in bold Grievance Coordinator 12 In the CIS, ‘grievance detail’ screen: • Select the appropriate response level radio 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 the offe nder’s original Grievance/Appeal Form and attachments to the offender; and • File one c opy of the printed grievance and c opies of the offender’s original Griev ance/Appeal Form and attachm ents in the fac ility adm inistration area. (See section 11 of this SOP.) Note: Placing the cursor in the ‘returne d from’ and ‘sent to’ fields will auto-fill those fie lds with a date . Ensure the corre ct dates are refle cte d. For furt her as s is t anc e w ith C IS, s ee y our 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 Com plete step 1 as described in table 7-1. Grievance Coordinator (at the offe nder’s current housing facility) 2 Com plete steps 3 through 7 as described in table 7-1. Grievance Coordinator (at the offe nder’s previous housing facility) 3 Com plete step 8 as described in table 7-1. Assigned Staff Member (at the offe nder’s previous housing facility) 4 Com plete step 9 as described in table 7-1. Grievance Coordinator (at the offe nder’s previous housing facility) 5 Com plete step 10 as described in table 7-1. Control Number: 316.02.01.001 Ve rsion: 4.0 T itle: Grievance and Informal Res olution Proc edure for Offenders 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 • Com plete s tep 11 as described in table 7-1; and • Notify (via email) your facility’s grievance c oordinator that your review has been com pleted. Grievance Coordinator (at the offe nder’s previous housing facility) 7 Notify (via email) the grievance c oordinator at the offender’s current hous ing facility that the review authority’s review has been com pleted. Grievance Coordinator (at the offe nder’s current housing facility) 8 Com plete step 12 as described in table 7-1. 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 decis ion 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 If you are not s atisfied with the review authority’s dec is ion, 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 decis ion, do the following: • Using the previously submitted Griev ance/Appeal Form, check the box next to ‘appeal’, and com plete 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 , appeals , etc . Note: The appellate authority may agree to extend the deadline for unfores een circumstances that prevent you from filing within the 14-day time limit. Designated Staff 2 Collect the grievance/appeal form s from the lockbox and s ubm it them to grievance c oordinator. Note: The forms s hould be c ollected (at a minim um ) Monday through Friday, exc ept for State of Idaho-observed holidays. Control Number: 316.02.01.001 Ve rsion: 4.0 T itle: Grievance and Informal Res olution Proc edure for Offenders Page Numbe r: 16 of 19 Functional Roles and Re sponsibilitie s Ste p T asks CIS ste ps are in bold Grievance Coordinator 3 Note: Step 3 must be completed within five (5) busines s days of rec eiving the c om pleted 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’ drop-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 of the appeal assignm ent. 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 e asier 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 fie lds 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 Note: If step 4 cannot be com pleted within the time lim it, notify the grievance c oordinator so that a delay notification s lip (see appendix E) can be sent to the offender. W ithin 16 days of rec eiving the review authority’s res pons e: • Enter the CIS and review the grievance, the staff response and, as needed, any applicable rules, policies, SOPs, etc. • Select the appropriate response level radio button, and comple te all applicable fie lds. (Se e section 10 for decision options.) • Notify (via email) the grievance c oordinator that your review has been com pleted. Control Number: 316.02.01.001 Ve rsion: 4.0 T itle: Grievance and Informal Res olution Proc edure for Offenders Page Numbe r: 17 of 19 Functional Roles and Re sponsibilitie s Ste p T asks CIS ste ps are in bold Grievance Coordinator 5 In the CIS, ‘grievance detail’ screen: • Select the appropriate response level radio 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 the offe nder’s original Grievance/Appeal Form to the offe nder; and • File one c opy 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 adm inistration area. (See section 11 of this SOP.) Note: Placing the cursor in the ‘returne d from’ and ‘sent to’ fields will auto-fill those fie lds 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 our 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 Com plete step 1 as described in table 8-1. Grievance Coordinator (at the offe nder’s current housing facility) 2 • Com plete s tep 3 as described in table 8-1; and • Notify the grievance coordinator at the offender’s previous hous ing fac ility. Grievance Coordinator (at the offe nder’s previous housing facility) 3 Ens ure the appellate authority at your facility is aware of the pending appeal. Appellate Authority (at the offe nder’s previous housing facility) (See section 9 of this SOP) 4 • Com plete s tep 4 as described in table 8-1; and • Notify (via email) your facility’s grievance c oordinator that your review has been com pleted. Grievance Coordinator (at the offe nder’s previous housing facility) 5 Notify (via email) the grievance c oordinator at the offender’s current hous ing facility that the review authority’s review has been com pleted. Control Number: 316.02.01.001 Ve rsion: 4.0 T itle: Grievance and Informal Res olution Proc edure for Offenders Page Numbe r: 18 of 19 Functional Roles and Re sponsibilitie s Ste p T asks Grievance Coordinator (at the offe nder’s current housing facility) 6 Com plete step 5 as described in table 8-1. 9. Review and Appe llate Authorities The grievance process has two (2) decision-making authorities: review authority and appellate authority. For Prison and CWC Issues Review Authority: The deputy warden or, in facilities without a deputy warden, the sec ond-in-command. Appe llate 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 c ould result in OPS’ involvem ent (e.g., staff misconduct). For Healthcare or Contract Medical Provider Issues Review Authority: The c ontract m edical provider’s healthcare services adm inistrator (HAS). Appe llate Authority: The health authority. Note: W hen the review authority or appe llate authority makes his grievance decision, he must return the grievance and attachm ents (if any) to the facility grievanc e coordinator. The review authority or appellate authority must also forward a c opy of the grievance and any pertinent documents (summaries, healthcare records, etc.) to the health authority. 10. Review and Appe llate Authority Options: Grant, M odify, or De ny Review and appellate authorities have three (3) options: grant, m odify, 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 s uggested s olution is being approved or granted. M odify: The review or appellate authority (as applicable) determined that a c hange 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 cannot be corrected. Deny: The review or appellate authority (as applicable) determ ined that no c hange is justified. Control Number: 316.02.01.001 Ve rsion: 4.0 T itle: Grievance and Informal Res olution Proc edure for Offenders 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/c oncern 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 issue or c oncer n) Issue/Concern: (Description of the issue must be written only on the lines provided above.) Inmate signature: Staff Section / Collect ed/Received: (Signature of Staff Member Acknowledging Receipt) / A ssociate ID # ) (Date collected or receiv ed) Reply: Res ponding Staff Signature: Associate ID #: Date: Pink c opy to inmate (after receiving staff’s signature), Original and Yellow copy to res ponding staff (after completing the reply, yellow c opy 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 O F CO RRECT IO N Appendix B 316.02.01.001 (Appendix last updated 6 /04/18) Grievance/Appeal Form Grievance Inmate’s Name: IDOC Num ber: Institution, Hous ing Unit, & Cell: Date: For Administrativ e Use Fac ility: Grievanc e Num ber: Date Collected: Grievance Category: Date Forwarded to Inmate’s Previous Fac ility: Name of Previous Fac ility: Date Forwarded to Res ponder: Level 1 Res ponder’s Nam e: Date Due: Rec eived: Level 2 Responder’s Name: Date Due: Rec eived: Final Grievance Decis ion: Date Sent to Inmate: Inmate Se ction The problem is: I have tried to solve this problem informally by: I suggest the following solution for the problem : Inmate’s s ignature: Appeal Date: I am appealing the grievance for the following reas on(s): Inmate’s s ignature: IDAHO DEPART M ENT O F CO RRECT IO N Appendix C 316.02.01.001 (Appendix last updated 6 /04/18) 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 Res olution Proc edure for Inmates. Just ask a staff mem ber for the SOP on the grievance proc edures 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 s end m ultiple 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 des ignated lockbox in accordance with the SOP 316.02.01.001.) A staff mem ber should respond within seven (7) days of the ‘collected/rec eived’ 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 decis ion. 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 des ignated lockbox. This is the last step in the problem-s olving process. IDAHO DEPART M ENT O F CO RRECT IO N Appendix D 316.02.01.001 (Appendix last updated 6/04/18) Grievance Transmittal Form Fac ility: Date: To: Inmate Name: IDOC Number: Institution, Housing Unit, & Cell: From: Grievanc e Coordinator Ot her The attac hed form is being returned wit hout action being taken bec aus e: You did not s ubmit the grievanc e within 30 days of the incident. You did not s ubmit the appeal within 14 days of the review authority’s decisi on. The form is not handwritten (it c annot be ty ped). The form is not legibl e. You did not include with the grievanc e an answered or signed Inmate Concern Form(s) t hat s hows y our attempts to resolve the issue informally with applicable staff. You have three (3) open/active grievances (including appeals) in the system, which is the maximum number you are allowed. You have raised more than one s pecific issue. The grievanc e does not c ontain a reas onable and clear description of the problem. The grievanc e does not describe how you tried to resolve the issue informally. The grievanc e does not c ontain s pecific information such as dates, places, and names. Your description of the problem is not written in or within the appropriate area on the form. (Written comments must not exceed the s pace designated for writing comments.) The grievanc e 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, pers onal attacks, or harass staff members.) You did not s uggest a solution. You did not sign the form. You c annot submit y our appeal until the grievanc e decision is rendered. The issue was previously grieved under grievanc e number: . The issue/complaint is not grievable as indicated in standard operating proc edure 316.02.01.001, Grievance and Informal Resolution Proc edures for Inmates, and must be addressed as follows: You c annot grieve the length of y our s entence or a decision that is under the jurisdiction of the c ourt or Idaho Commission of Pardons and Parole. This problem is bey ond 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 O F CO RRECT IO N Delay Notification Slips Note: Print and cut this form into three (3) Delay Notification Slips. Delay Notification Slip To: No: Housing Assignment From: Date: Grievance Grievanc e Appeal DOR A ppeal Has been received and logged as # . The res ponse will be delayed bec ause of the following: Staff away from institution (vacation/sick/training, etc.) Staff Shortage or grievance/appeal backlog Issue requires further investigati on Ot her: Delay Notification Slip To: No: Housing Assignment From: Date: Grievance Grievanc e Appeal DOR A ppeal Has been received and logged as # . The res ponse will be delayed bec ause of the following: Staff away from institution (vacation/sick/training, etc.) Staff Shortage or grievance/appeal backlog Issue requires further investigati on Ot her: Delay Notification Slip To: No: Housing Assignment From: Date: Grievance Grievanc e Appeal DOR A ppeal Has been received and logged as # . The res ponse will be delayed bec ause of the following: Staff away from institution (vacation/sick/training, etc.) Staff Shortage or grievance/appeal backlog Issue requires further investigati on Ot her: Appendix E 316.02.01.001 (Appendix last updated 2/14/12)