Current through Register Vol. XLI, No. 25, June 21, 2024
Section 90-9-7 - Special Procedures for Allegations of Sexual AbuseIn cases where an inmate alleges they have been sexually abused as defined in this Rule:
7.1. An inmate may file a grievance at any time concerning sexual abuse and the grievance shall not be rejected at the Unit Manager's level.7.2. In any case where an inmate would be required to submit his or her grievance to a staff member they are alleging engaged in the sexual abuse, the inmate shall submit the grievance to the Warden/Administrator (or if the Warden/Administrator is the individual alleged to be the individual sexually abusing the inmate, to the Commissioner). The Warden/Administrator and/or the Commissioner, as the case may be shall then assign appropriate staff to respond to the grievance.7.3. The time frames for processing the grievance and for appeals shall be the same as for ordinary greivances which requires completion of the process within 60 days.7.4. Reports and correspondence not initially filed as a grievance.7.4.1. Whenever a staff member is notified either verbally or in writing of an allegation that an inmate has been sexually abused, including notification from another inmate, the staff member shall transmit a copy of this information to the Warden/Administrator, who shall forthwith transmit the same to the Director of the Corrections' Investigation Division and to the Inmate's Unit Manager. In the event the Warden/Administrator is the one accused of committing the sexual abuse, the copy shall be directly sent to the Director of the Corrections' Investigation Division and Unit Manager by the staff member. The Unit Manager shall consider such notification as a grievance submitted on behalf of the inmate and shall assign the information a grievance number. The Unit Manager shall ensure that all verbal reports are reduced to writing. A grievance or an appeal thereof relating to sexual abuse shall not be rejected due to defects in the form of the grievance or for any other reason for rejection as noted above.7.4.2. The Unit Manager or assigned staff member shall inform the inmate allegedly sexually abused that a grievance has been submitted on his or her behalf and shall process it under the above stated procedures. The Unit Manager shall also request the inmate to complete a grievance form, but the inmate is not required. If the inmate expressly requests that it not be processed, the Unit Manager shall document any such request and close the grievance. Provided however, that the Unit Manager shall remain responsible for ensuring the information was reported to the Corrections Investigation Division.7.4.3. After the Unit Manager's initial actions, the inmate will be responsible for personally pursuing any subsequent steps in the grievance process through exhaustion.7.5. Emergency Procedures:7.5.1. An inmate alleging that he or she is subject to a substantial risk of imminent sexual abuse may file a grievance directly to his or her Warden/Administrator who shall in turn cause an immediate review of the inmate's allegations and circumstances to determine whether such substantial risk of imminent sexual abuse exists. Such review can be in conjunction with an application for special management under Policy Directive 326.00. The scope of the Warden/Administrator's review shall be limited to whether the inmate is at substantial risk of imminent sexual abuse.7.5.2. As soon as possible, but no longer than within 48 hours, the Warden/Administrator shall make an initial response determining whether the inmate's allegations that he or she is at substantial risk of imminent sexual abuse was substantiated and if so, the Warden/Administrator shall take all necessary corrective action. Within 5 calendar days the Warden/Administrator shall issue a final written response setting forth reasons supporting the decision and any action taken.7.5.3. If no emergency exists the Warden/Administrator shall return the grievance to the inmate, and require the inmate to follow the normal grievance procedures.7.5.4. The Warden/Administrator shall provide a written explanation of why the grievance does not qualify as an emergency.7.5.5. Any inmate found to have intentionally filed an emergency grievance where no emergency exists and in bad faith shall be subject disciplinary action under Policy Directive 325.00.