Kan. Admin. Regs. § 123-15-101a

Current through Register Vol. 43, No. 49, December 5, 2024

Section 123-15-101a - Grievance procedure distribution; orientation; applicability; remedies; investigation

(a) The grievance procedure regulations shall be distributed or made readily available to all offenders in each facility.

(b) Each offender, upon admittance to the facility, shall receive an oral explanation of the offender grievance procedure, including an opportunity to have questions regarding the procedure answered orally. Explanatory materials and the oral presentation shall be made available in any language spoken by a significant portion of the facility's population. To the extent feasible, offenders who do not understand English shall receive an explanation of the grievance procedure in a language in which the offender is fluent. Mentally impaired and physically handicapped offenders shall receive explanations in a manner comprehensible to them. Following the explanation, each offender shall sign a statement indicating that the required explanation has been given.

(c) All employees of the facility who are directly involved in the operation of the offender grievance procedure shall receive training in the skills necessary to operate, or to participate in, the grievance procedure.

(d)

(1) The grievance procedure shall be applicable to a broad range of matters that directly affect the offender, including the following:

(A) Complaints by offenders regarding policies and conditions within the jurisdiction of the facility or the juvenile justice authority; and

(B) actions by employees and offenders, and incidents occurring within the facility.

(2) The grievance procedure shall not be used as a means for challenging the decision reached in any of the following:

(A) The offender disciplinary procedure;

(B) the classification decision-making process; or

(C) the property loss or personal injury claims procedure.

(3) The grievance system may be used to challenge whether the procedure or process identified in paragraph (d)(2)(A), (B), or (C) was properly conducted or to challenge the manner in which the decision was made. This type of grievance shall be permitted only after the decision in the procedure or process being challenged is final, including appeals, if applicable, unless the offender would incur irreparable harm if delayed until the end of the process.

(e) The remedies available to the offender through the grievance procedure may include action by the facility's superintendent to correct the problem or action by the commissioner to cause the problem to be corrected. Relief may include an agreement by facility officials to remedy an objectionable condition within a reasonable, specified time, or to change a facility policy or practice.

(f) A procedure shall be established by the superintendent for investigating the allegations and establishing the facts of each grievance. An offender or employee who appears to be involved in the matter shall not participate in any capacity in the resolution of the grievance.

(g) A copy of the grievance response at each level shall be delivered to the program team, the offender, and the superintendent last responding.

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

Kan. Admin. Regs. § 123-15-101a

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.