N.Y. Comp. Codes R. & Regs. tit. 7 § 701.3

Current through Register Vol. 46, No. 50, December 11, 2024

Section 701.3 - General policies

(a) Inmate's responsibility. An inmate is encouraged to resolve his/her complaints through the guidance and counseling unit, the program area directly affected, or other existing channels (informal or formal) prior to submitting a grievance. Although a facility may not impose preconditions for submission of a grievance, the failure of an inmate to attempt to resolve a problem on his/her own may result in the dismissal and closing of a grievance at an IGRC hearing.

(b) Grievances must be personal. An inmate must be personally affected by the policy or issue he/she is grieving, or must show that he/she will be personally affected by that policy or issue unless some relief is granted or changes made. All grievances must be filed in an individual capacity.

(c) Visitor complaints. Visitor complaints shall be processed via the office of diversity management in accordance with the departmental procedure on discriminatory treatment complaints of visitors.

(d) Class actions not accepted. Individuals personally affected by a matter which affects a class of inmates may only file a grievance on their own behalf. Grievances which are raised in terms of class actions should be referred to the inmate liaison committee.

(e) Non-grievable issues.

(1) An individual decision or disposition of any current or subsequent program or procedure having a written appeal mechanism which extends review to outside the facility shall be considered non-grievable.

(2) An individual decision or disposition of the temporary release committee, time allowance committee, family reunion program or media review committee is not grievable. Likewise, an individual decision or disposition resulting from a disciplinary proceeding, inmate property claim (of any amount), central monitoring case review or records review (freedom of information request, expunction) is not grievable. In addition, an individual decision or disposition of the commissioner, or his designees, on a foreign national prisoner application for international transfer is not grievable.

(3) The policies, rules, and procedures of any program or procedure, including those above, are grievable.

Note: If an inmate is unsure whether an issue is grievable, he/she should file a grievance and the question will be decided through the grievance process in accordance with section 701.5 of this Part.

(f) Outside agencies excluded. Any policy, regulation or rule of an outside agency (e.g., the division of parole, immigration and customs enforcement, the office of mental health, etc.) or action taken by an entity not under the supervision of the commissioner is not within the jurisdiction of the IGP.

(g) Reasonable accommodations. The IGP supervisor will ensure that disabled inmates are provided the necessary assistance to facilitate their access to and use of the IGP. Reasonable accommodations shall include, but not be limited to, meetings with inmates at accessible sites and the provision of qualified sign language interpreters for deaf and hard-of-hearing inmates who use sign language to communicate. Copies of all grievance decisions concerning reasonable accommodations for disabled inmates shall be sent to the ADA coordinator in central office.

(h) Translators. Translators will be used to facilitate access to the IGP for those inmates who do not speak English.

(i) Sexual Abuse and Sexual Harassment Complaints. The Department has zero tolerance for sexual abuse and sexual harassment. Consistent with this policy and the Prison Rape Elimination Act (PREA) Standards ( 28 C.F.R. § 115.52(a) ), an inmate is not required to file a grievance concerning an alleged incident of sexual abuse or sexual harassment to satisfy the Prison Litigation Reform Act (PLRA) exhaustion requirement ( 42 U.S.C. § 1997e(a) ) before bringing a lawsuit regarding an allegation of sexual abuse as long as the matter was reported as set forth below. For purposes of the Prison Rape Elimination Act (PREA) Standards ( 28 C.F.R. § 115.52 ) and the exhaustion requirement, any allegation concerning an incident of sexual abuse or sexual harassment (See, Departmental Directives #4027A Sexual Abuse Prevention & Intervention Inmate-on-Inmate and #4028A Sexual Abuse Prevention & Intervention Staff-o n-Inmate) shall be deemed exhausted if official documentation confirms that:

(1) an inmate who alleges being the victim of sexual abuse or sexual harassment reported the incident to facility staff; in writing to Central Office Staff; to any outside agency that the Department has identified as having agreed to receive and immediately forward inmate report s of sexual abuse and sexual harassment to agency officials under the PRE A Standards ( 28 C.F.R. § 115.51(b) ); or to the Department's Office of the Inspector General; or

(2) a third party reported that an inmate is the victim of sexual abuse and the alleged victim confirmed the allegation upon investigation.

A sexual abuse or sexual harassment complaint may be submitted at any time, however, a timely complaint is essential to providing services and proper investigation. Acceptance of a late complaint does not waive the applicable statute of limitations with respect to any related lawsuit.

Any inmate grievance filed regarding a complaint of sexual abuse or sexual harassment shall immediately be reported by the IGP Supervisor to the Watch Commander for further handling in accordance with Departmental policies. The complaint shall be deemed exhausted upon filing for PLRA purposes. If the grievance does not set forth any additional matters that require a response, the grievance shall be closed.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 701.3

Amended New York State Register April 12, 2017/Volume XXXIX, Issue 15, eff. 4/12/2017