N.Y. Comp. Codes R. & Regs. tit. 7 § 702.4

Current through Register Vol. 46, No. 25, June 18, 2024

Section 702.4 - Procedures

(a) First step.

(1) Inmate grievance forms shall be made available to any inmate through the facility's duty office within 24 hours of request.

(2) The inmate may seek assistance from any other inmate or staff member.

(3) The completed grievance form shall be transmitted to the designated staff person who shall attempt to help resolve the grievance informally. At shock incarceration facilities an inmate may, if appropriate, air his or her grievance during a scheduled evening network community meeting in an attempt to resolve it informally.

(4) If the grievance cannot be resolved informally the designated staff shall convene an IGRC hearing within 16 calendar days from the date the grievance was received by that staff person. The IGRC shall be composed of two staff representatives appointed by the superintendent, two inmates selected by the grievant, and a non-voting chair person designated by the superintendent or designee.

The Department of Corrections and Community Supervision proposes to amend 7 NYCRR Section 702.4(a)(5):

(5) At the IGRC hearing, the inmate, the advisor, and the other par- ties shall hear the grievance and the IGRC shall render a decision/ recommendation.

The Department of Corrections and Community Supervision proposes to amend 7 NYCRR Section 702.4(b)(1):

(b) Second step.

(1) Within seven calendar days of receiving the written decision/ recommendation by the IGRC on the grievance complaint form, the inmate or any direct party to the grievance may appeal the IGRC decision/recommendation to the superintendent by filing an appeal with the person designated by the superintendent. If no appeal is filed, it will be presumed that the inmate or direct party accepts the committee's decision/ recommendation.

The Department of Corrections and Community Supervision proposes to amend 7 NYCRR Section 702.4(c)(1):

(2) The normal procedure for step two (section 701.5[c] of this Title) shall then be followed.

(c) Third step.

(1) Within seven calendar days after receipt of the superintendent's written response to the grievance, the inmate or any direct party to the grievance may appeal the superintendent's action to the Central Office Review Committee (CORC) by completing the Notice of Decision to Appeal and returning it to the person designated by the superintendent.

(2) The normal procedure for step three (section 701.5[c] of this Title) shall then be followed.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 702.4

Amended, New York State Register October 3, 2018/Volume XL, Issue 40, eff. 10/3/2018