Kan. Admin. Regs. § 123-15-101

Current through Register Vol. 43, No. 40, October 3, 2024

Section 123-15-101 - Offender grievance procedure; informal resolution; formal levels

(a) Before utilizing the grievance procedure, each offender shall be responsible for attempting to reach an informal resolution of the matter with the personnel who work with the offender on a direct or daily basis. The offender shall contact the program team members for the attempt at informal resolution. That attempt shall be documented. The facility's offender request forms may be used to document this process. If the informal resolution attempt fails, the grievance system may then be used. If an emergency exists and a resolution was not obtained by contacting the program team, the offender may utilize the grievance process.

(b) At every stage of the process, the grievance shall be answered promptly in order to avoid delays that impose additional hardship upon the offender or that unnecessarily prolong a misunderstanding. To the extent possible, the grievance of an offender who has been transferred, released, or discharged before its final resolution shall be answered.

(c) The grievance procedure shall consist of the following levels of problem solving to ensure resolution at the lowest administrative level possible:

(1) Level one. The offender shall first submit the grievance report form to the proper facility program team member.

(2) Level two. If not resolved at level one, the offender may then submit the grievance report form to the facility's superintendent.

(3) Level three. If not resolved at level two, the grievance may then be submitted to the office of the commissioner. Either a response to the grievance or a referral of the matter to the deputy commissioner for operations for further investigation by the superintendent, if necessary, shall be made. The grievance may be referred by the commissioner to the deputy commissioner or designee for a response.

(d) The forms designated in the "offender grievance" IMPP for an offender's use in submitting a grievance shall be made available to all offenders in each living unit. The program team shall assist the offender in obtaining copies of the supporting material necessary to complete the grievance if the number of photocopies requested by the offender is reasonable.

(e) No staff member shall refuse to sign, date, and return an offender request form, an offender grievance form, or a grievance receipt slip showing that the offender sought assistance from that person.

(f) Each offender shall be entitled to use the grievance procedure. The superintendent or designee shall provide reasonable accommodation to ensure that mentally impaired and physically handicapped offenders have access to the grievance procedure.

This regulation shall be effective on and after April 8, 2005.

Kan. Admin. Regs. § 123-15-101

Authorized by and implementing K.S.A. 38-16,130, K.S.A. 2004 Supp. 75-7024, and K.S.A. 76-3203; effective April 8, 2005.