N.Y. Comp. Codes R. & Regs. tit. 9 § 7420.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 7420.4 - Facility grievance program requirements

(a) All residents of a secure facility shall have access to the facility's grievance program.

(b) Instructions for filing a grievance shall be included in the orientation information as required by section 7403.10 of this Title.

(c) Upon admission, all residents of secure facilities shall be advised in writing as to the availability of grievance forms.

(d) The grievant must file a grievance within 14 days of the date of the act or occurrence giving rise to the grievance.

(e) At each secure facility, the facility director, or person acting in that capacity, shall designate staff to act as grievance coordinator(s).

(f) The facility director, or person acting in that capacity, shall require that each grievance is investigated to the extent necessary by an impartial person who was not personally involved in the circumstances giving rise to the grievance; provided, however, that a grievance which is too vague to understand or fails to set forth supporting evidence or information may be returned to the resident. Failure to supply sufficient information or evidence within two days thereafter shall be cause to deny the grievance.

(g) The results of any investigation conducted pursuant to subdivision (f) of this section shall be immediately provided to the grievance coordinator and the unit administrator, or other appropriate staff member chosen to determine the grievance pursuant to subdivision (i) of this section. At a minimum, each investigation of a resident's grievance shall include gathering, assessing, and summarizing the following information:

(1) the facts and issues underlying the circumstances of the grievance;

(2) any interviews held with the grievant and with all parties involved in the grievance; and

(3) any other relevant information.

(h) The following complaints are not grievable and shall be returned to the grievant by the grievance coordinator with a written explanation:

(1) finding(s) and sanction(s) from facility disciplinary proceedings;

(2) grievances that do not personally affect the resident; or

(3) dispositions or individual decisions of any current or subsequent program, and/or procedures having a written appeal mechanism which extends review to outside the facility also shall not be grievable. These dispositions or individual decisions shall include, but not be limited to:

(i) parole revocation decisions;

(ii) Fenner hearing decisions; and

(iii) time allowance hearing decisions.

(i) A determination of every grievance shall be reached within seven days of filing. Such determination shall be in writing and shall be issued by the unit administrator or, if the unit administrator is the subject of the grievance, an appropriate staff member designated by the grievance coordinator. The written determination shall specify the facts and reasons underlying the determination and a copy of such determination shall be provided to the grievant and the grievance coordinator.

(j) Within seven days after receipt of the determination described in subdivision (i) of this section, the grievant may appeal the decision to the facility director, or person acting in that capacity.

(k) Within 14 days from the time the appeal is received by the facility, the facility director, or person acting in that capacity, shall issue a written determination on the grievance appeal and provide a copy of such determination to the grievant and the grievance coordinator.

(l) Within seven days of receipt of the facility director's determination, the grievant may appeal the decision to the Deputy Commission for Rehabilitative Services, or designee.

(m) Within 30 days from the time the appeal is received by the Deputy Commissioner for Rehabilitative Services, or designee, a written determination shall be issued on the grievance appeal and the following people shall be provided a copy of such determination: the grievant, the facility director or person acting in that capacity, and the grievance coordinator. The determination by the Deputy Commissioner of Rehabilitative Services shall be final.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7420.4

Renumbered from subtitle AA of chapter III New York State Register April 11, 2018/Volume XL, Issue 15, eff. 4/11/2018