103 CMR, § 934.02

Current through Register 1533, October 25, 2024
Section 934.02 - Grievance Procedures (Required)

Written policy and procedure which shall provide for the establishment of an inmate grievance procedure, which will provide all inmates access to an administrative remedy for redress of legitimate complaints. The inmate grievance process shall include, but not be limited to:

(1) Procedures establishing informal measures for resolving inmate complaints.
(2) Procedures establishing a process where inmates who have not resolved their complaint informally may formally process their complaint.
(3) A requirement that staff date a receipt of a formal written grievance.
(4) Procedures ensuring that formal grievances shall be investigated and resolved within 15 working days of receipt. However, grievances of an emergency nature, e.g., those that may subject the inmate to a substantial risk of personal injury or other damages, shall be prioritized as necessary.
(5) A requirement that a written explanation shall be provided to the inmate regarding the denial or approval of the grievance. Ensure that approvals clearly state what corrective action shall be taken and denials shall inform the inmate of the right to appeal to the Sheriff/facility administrator or designee.
(6) Procedures ensuring that upon receipt of an inmate appeal the appellate authority shall date the receipt.
(7) A requirement that the appeal shall be resolved within 30 working days of receipt.
(8) Procedures ensuring that the appellate authority provide the inmate with a written explanation regarding the denial or approval of the appeal, and if approved, the corrective action to be taken shall be specified.
(9) Procedures ensuring that 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.

The Sheriff/facility administrator may waive the time limits under extenuating circumstances not to exceed an additional 30 working days.

103 CMR, § 934.02