Inmate Grievance Procedures - Columbia Law School

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Ch. 15 A JAILHOUSE LAWYER’S MANUAL 363(iv) Code of Ethics 91A Code of Ethics for IGRC staff and prisoner representatives, clerks, and chairpersons has beenestablished to strengthen the credibility and effectiveness of the IGP. 92 For example, the Code of Ethicsprohibits IGRC members from preventing a prisoner from filing a grievance 93 or improperly disclosingconfidential information. 94 Under the Code of Ethics, a member must have a willing, respectful attitude, aworking knowledge of the IGP, and awareness of their own responsibilities under the IGP. 95(v) Time Limits 96Time limit extensions for review by the IGRC may only be granted if you consent in writing. Otherwise,if the IGRC does not decide a matter within the time limit, you may appeal to the next level.(vi) File Maintenance/Confidentiality 97Grievance files are maintained in a specific area to be used by the IGRC and the Clerk. Unless youconsent in writing, no copies of documents may be placed in your central file or facility file. None of thegrievance materials will be given to anyone other than you, a direct party, or someone involved in the reviewprocess. The Superintendent is responsible for assuring the confidentiality and maintenance of grievancerecords. Grievance files are kept for at least four years following their conclusion. 98(vii) IGRC Reference Materials 99The IGRC at each facility is responsible for keeping an up-to-date set of code “AB” DepartmentalDirectives and the IGP Monthly Index of Written Opinions. A copy of the Index must also be kept in theprison law library.(viii) Emergencies 100If your grievance is an emergency, it will be referred directly to the Superintendent or the CORC,depending on who has the authority to ensure a quick and meaningful response. Emergencies includesituations in which your health, safety, or welfare is in danger.(f) Procedures for Prisoners in Special Housing Units 101If you are living in a Special Housing Unit (“SHU”), your access to the IGRC may be more restricted thanthat of general population prisoners. So, facilities must follow many procedures to help you file a grievance.For example, Inmate Grievance Complaint Forms (Form 2131) must be available to you at alltimes. 102 You will be given envelopes so you may forward your grievance confidentially to the Inmate91. State of New York, Department of Correctional Services, Directive No. 4040, Inmate Grievance Program §701.6(f) (2006). The Code of Ethics can be found in N.Y. Comp. Codes R. & Regs. tit. 7, § 701.11 (2006) and in the State ofNew York, Department of Correctional Services, Directive No. 4040, Inmate Grievance Program § 701.11 (2006).92. N.Y. Comp. Codes R. & Regs. tit. 7, § 701.6(f)(1) (2006); State of New York, Department of CorrectionalServices, Directive No. 4040, Inmate Grievance Program § 701.6(f)(1) (2006).93. N.Y. Comp. Codes R. & Regs. tit. 7, § 701.11(a) (2006); State of New York, Department of CorrectionalServices, Directive No. 4040, Inmate Grievance Program § 701.11(a) (2006).94. N.Y. Comp. Codes R. & Regs. tit. 7, § 701.11(e) (2006); State of New York, Department of CorrectionalServices, Directive No. 4040, Inmate Grievance Program § 701.11(e) (2006).95. N.Y. Comp. Codes R. & Regs. tit. 7, § 701.11(b), (h) (2006); State of New York, Department of CorrectionalServices, Directive No. 4040, Inmate Grievance Program § 701.11(a)–(b) (2006).96. N.Y. Comp. Codes R. & Regs. tit. 7, § 701.6(g)(2) (2006); State of New York, Department of CorrectionalServices, Directive No. 4040, Inmate Grievance Program § 701.6(g)(2) (2006).97. N.Y. Comp. Codes R. & Regs. tit. 7, § 701.6(k) (2006); State of New York, Department of Correctional Services,Directive No. 4040, Inmate Grievance Program § 701.6(k) (2006).98. N.Y. Comp. Codes R. & Regs. tit. 7, § 701.6(k)(3) (2006); State of New York, Department of CorrectionalServices, Directive No. 4040, Inmate Grievance Program § 701.6(k)(3) (2006).99. N.Y. Comp. Codes R. & Regs. tit. 7, § 701.6(l) (2006); State of New York, Department of Correctional Services,Directive No. 4040, Inmate Grievance Program § 701.6(l) (2006).100. N.Y. Comp. Codes R. & Regs. tit. 7, § 701.6(m) (2007); State of New York, Department of CorrectionalServices, Directive No. 4040, Inmate Grievance Program § 701.6(m) (2006).101. N.Y. Comp. Codes R. & Regs. tit. 7, § 701.7 (2006); State of New York, Department of Correctional Services,Directive No. 4040, Inmate Grievance Program § 701.7 (2006).
364 INMATE GRIEVANCE PROCEDURES Ch. 15Grievance Office. 103 Your facility may use Inmate Grievance boxes instead of sealed envelopes. Theseboxes are to be kept locked, and only the IGP supervisor and staff representatives should have keys tothem. The grievances will be collected from these boxes at least twice a week. 104 You also have directaccess to members of the IGRC, who must make rounds to all special housing units at least once a weekto “give inmates who are having communication problems or difficulty writing their complaints anopportunity to request and receive assistance.” 105 For security reasons, you may have to use staff, andnot another prisoner, as your advisor. 106 The IGP supervisor is responsible for monitoring the grievanceprocedure in Special Housing Units and for making sure that all of the requirements are met. 107If the procedures are not being followed, for example, or if there are never any envelopes or InmateGrievance boxes, you should tell the IGP supervisor.(g) Employee Harassment 108There are expedited procedures for grievances concerning employee harassment. Employee harassmentis defined as “employee misconduct meant to annoy, intimidate or harm an inmate.” 109 Under theseconditions, you should first report the problem to the harassing employee’s immediate supervisor; however,this is not a requirement. 110 You can still file a complaint in the IGP if you choose not to report the employerto his supervisor. In cases of harassment, your grievance and supporting documents will be sent directly tothe Superintendent by the end of the day. 111 If the Superintendent concludes that the issue does not relate toharassment, then the grievance will be returned to the IGRC for normal processing. 112 In order to make astronger case, you should write down and keep a record of every incident of harassment. Your records shouldinclude the time, date, nature of the harassment, who was involved, and if there were any other witnesses.You should also keep a record of anything that happened after the harassment, like a conversation you hadwith someone else about the incident.If the Superintendent determines that the issue does relate to harassment, he must investigate further,and you will not be allowed to withdraw your complaint. 113 The Superintendent will then make a decisionwithin twenty-five calendar days and inform you of the decision with reasons stated. 114 The time limit can beextended only with your consent. If the Superintendent does not respond within twenty-five days, you mayappeal to the CORC by filing a Form 2133 with the Clerk. 115 If you receive a decision from theSuperintendent and you want to appeal, you must file your appeal within seven calendar days. 116102. N.Y. Comp. Codes R. & Regs. tit. 7, § 701.7(a)(1) (2006); State of New York, Department of CorrectionalServices, Directive No. 4040, Inmate Grievance Program § 701.7(a)(1) (2006).103. N.Y. Comp. Codes R. & Regs. tit. 7, § 701.7(a)(2) (2006); State of New York, Department of CorrectionalServices, Directive No. 4040, Inmate Grievance Program § 701.7(a)(2) (2006).104. N.Y. Comp. Codes R. & Regs. tit. 7, § 701.7(b) (2006); State of New York, Department of CorrectionalServices, Directive No. 4040, Inmate Grievance Program § 701.7(b) (2006).105. N.Y. Comp. Codes R. & Regs. tit. 7, § 701.7(c)(1) (2006); State of New York, Department of CorrectionalServices, Directive No. 4040, Inmate Grievance Program § 701.7(c)(1) (2006).106. N.Y. Comp. Codes R. & Regs. tit. 7, § 701.7(c)(3) (2006); State of New York, Department of CorrectionalServices, Directive No. 4040, Inmate Grievance Program § 701.7(c)(3) (2006).107. N.Y. Comp Codes R. & Regs. tit. 7, § 701.7 (2006).108. N.Y. Comp. Codes R. & Regs. tit. 7, § 701.8 (2006); State of New York, Department of Correctional Services,Directive No. 4040, Inmate Grievance Program § 701.8 (2006).109. N.Y. Comp. Codes R. & Regs. tit. 7, § 701.2(e) (2006); State of New York, Department of CorrectionalServices, Directive No. 4040, Inmate Grievance Program § 701.2(i) (2006).110. N.Y. Comp. Codes R. & Regs. tit. 7, § 701.8(a) (2006); State of New York, Department of CorrectionalServices, Directive No. 4040, Inmate Grievance Program § 701.8(a) (2006).111. N.Y. Comp. Codes R. & Regs. tit. 7, § 701.8(b) (2006); State of New York, Department of CorrectionalServices, Directive No. 4040, Inmate Grievance Program § 701.8(b) (2006).112. N.Y. Comp. Codes R. & Regs. tit. 7, § 701.8(c) (2006); State of New York, Department of CorrectionalServices, Directive No. 4040, Inmate Grievance Program § 701.8(c) (2006).113. N.Y. Comp. Codes R. & Regs. tit. 7, § 701.8(d)–(e) (2006); State of New York, Department of CorrectionalServices, Directive No. 4040, Inmate Grievance Program § 701.8(e) (2006).114. N.Y. Comp. Codes R. & Regs. tit. 7, § 701.8(f) (2006); State of New York, Department of Correctional Services,Directive No. 4040, Inmate Grievance Program § 701.8(f) (2006).115. N.Y. Comp. Codes R. & Regs. tit. 7, § 701.8(g) (2006); State of New York, Department of CorrectionalServices, Directive No. 4040, Inmate Grievance Program § 701.8(g) (2006).116. N.Y. Comp. Codes R. & Regs. tit. 7, § 701.8(h) (2006); State of New York, Department of Correctional
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