Current through Register Vol. XLI, No. 25, June 21, 2024
Section 90-9-5 - Appeal to Warden/Administrator5.1. Should the response at the Unit Manager level not resolve the issue, the inmate may appeal to the Warden/Administrator within five (5) days from delivery of the response to his/her grievance. The inmate shall use the same form as was submitted to the Unit Manager and signing in the appropriate location. Only the grievance form and Unit Manager's response shall be submitted. Submission of any additional materials beyond the initial grievance and response shall be grounds to reject the appeal, except in the case of grievances submitted pursuant to Section 7 of this Rule.5.2. As with the initial level, the inmate shall be provided a copy of his or her grievance form prior to submission to the Warden/Administrator for their records. Only the grievance form (including the 1 page attachment submitted to the Unit Manager if any) and Unit Manager response is to be copied.5.3. Prior to responding to the appeal the Warden/Administrator shall review the grievance to determine whether any grounds for rejection exists in the same manner as Sections 4.4 or 5.1 or any other ground in this Rule. If such exists the grievance shall be rejected in the same manner as provided in Section 4.4.5.4. The Warden/Administrator shall respond to the appeal, using the grievance form, within five (5) days. The Warden/Administrator shall consider the statement of the grievance, as presented at the initial level, together with the Unit Manager's response to determine whether the response is appropriate and in furtherance with the mission of the Division of Corrections and consistent with the orderly operation of the facility. After a review of the grievance, the Warden/Administrator may: affirm the Unit Manager and deny the grievance; deny the grievance for reasons other than that which is addressed by the Unit Manager; grant the grievance; or remand the grievance back to the Unit Manager for further action. In reviewing the grievance the Warden/Administrator should place the expectation upon the Unit Manager that the grievance will be fully addressed at their level such that additional investigation should rarely be necessary, and that a decision can be rendered from a review of the grievance document. If a grievance has not been properly submitted through any level by an inmate, it shall be rejected.