Current through Register 1533, October 25, 2024
Section 761.09 - Complaint Procedure for Access to Therapeutic Diets(1)Informal Processing of Inmate Complaints. (a) Each institution shall develop informal measures for resolving inmate complaints whereby inmates are encouraged to communicate their problem to the staff person responsible in the particular area of the problem, their counselor or case manager, the appropriate Department head or other institutional and medical provider staff. Staff awareness as to the need for prompt attention and response to these complaints will minimize the use of formal complaint procedures.(b) No disciplinary action shall be taken against an inmate as a result of communication of a complaint, unless the complaint is knowingly false or misleading or the inmate's conduct otherwise gives rise to a disciplinary infraction.(2)Formal Processing of Inmate Complaints.(a) After all efforts to resolve a complaint through informal resolution have been exhausted, and the inmate is dissatisfied with the informal resolution of the issue, the inmate may file a formal complaint directed to the superintendent's office.(b) The superintendent or his designee shall respond to the complaint within five business days.(c) An inmate dissatisfied with the superintendent's decision may appeal, within ten days of receipt of such decision, to the Deputy Commissioner of the Administrative Services Division, or his/her designee, who may take such action as deemed appropriate, including a referral of the matter to an outside consultant with specialized knowledge of the issues involved in providing access to therapeutic diets.(d) If the issue involves a medical complaint, the inmate may file a medical grievance with the medical provider.