103 Mass. Reg. 491.11

Current through Register 1523, June 7, 2024
Section 491.11 - General Requirements
(1) The following issues are not grievable under 103 CMR 491.00:
(a) Any decision or recommendation for which there is an existing appeal mechanism, including, but not limited to, classification, disciplinary decisions and recommendations, observation of behavior report decisions and recommendations, decisions and recommendations concerning therapeutic diets, religious practices, and medical or clinical decisions related to an inmate's physical or mental condition, as the medical contractor is required to maintain its own grievance procedure, however, matters concerning access to medical or mental health care are grievable.
(b) Requests for reasonable accommodations, as they may be requested pursuant to 103 DOC 408: Special Accommodations for Inmates, available at each inmate library and on the Department's website at http://mass.gov/doc/policy. However, matters concerning access to approved reasonable accommodations are grievable;
(c) Specific incidents that have already been grieved and where a final decision has been rendered;
(d) Matters that are in the course of litigation are not grievable;
(2) A grievance may only be filed if an inmate is personally affected by a Department of Correction or institution action or policy. Inmates may not grieve matters outside the purview of the Department;
(3) Allegations of employee misconduct, as defined in the 103 DOC 522: Internal Affairs Unit policy, (available at each inmate library and on the Department's website at http://www.mass.gov/doc/policy) shall be filed and reviewed administratively pursuant to the 103 DOC 522: Internal Affairs Unit policy. If such allegations are reported via the grievance process, the complaint shall be logged in by the IGC and the matter referred to the Superintendent for possible referral to the Internal Affairs Unit. If the matter is referred to the Internal Affairs Unit then the IGC shall utilize the IMS decision screen indicating that the grievance has been referred to the Internal Affairs Unit. In the rationale box inmates shall be provided the Internal Affairs' reference/intake number. For those allegations not referred by the Superintendent to the Internal Affairs Unit, the IGC shall collaborate with the institutional investigatory staff in the investigation of the allegations in order to respond to the inmate's grievance.
(4) Grievances filed by a group or on behalf of a group of inmates shall not be accepted.
(5) A grievance may only be filed concerning one subject matter. Grievances and appeals based on different events shall be presented separately unless it is necessary to combine the issues to support the claim.
(6) A grievance shall be submitted to and processed by the institution where the incident occurred. If an inmate transfers before the resolution of the grievance, the receiving institution shall assist the sending institution by interviewing the inmate as necessary and provide any information that is not available at the sending institution. The grievance shall be decided by the institution where the incident occurred.

103 CMR 491.11

Amended by Mass Register Issue 1338, eff. 5/5/2017.