COR-11-07-00005-P Inmate Grievance Program Modification Plan

3/14/07 N.Y. St. Reg. COR-11-07-00005-P

NEW YORK STATE REGISTER

VOLUME XXIX, ISSUE 11

March 14, 2007

RULE MAKING ACTIVITIES

DEPARTMENT OF CORRECTIONAL SERVICES

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. COR-11-07-00005-P

Inmate Grievance Program Modification Plan

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed action:

This is a consensus rule making to amend section 702.4(a)(4), (b)(1), (2), (c)(1), (2) and add sections 702.5, 702.6 and 702.7 to Title 7 NYCRR.

Statutory authority:

Correction Law, section 139

Subject:

Inmate Grievance Program modification plan.

Purpose:

To amend timeframes and citations and add sections in order to provide consistency with Part 701 of Title 7 NYCRR.

Text of proposed rule:

Sections of Part 702 of Title 7 NYCRR are amended as follows:

The timeframe in the text of Part 702.4(a)(4) is hereby amended as follows:

(4) If the grievance cannot be resolved informally [within four working days], the designated staff shall convene an IGRC hearing within sixteen calendar [seven working] days from the date the grievance was received by that staff person. The IGRC shall be composed of two staff representatives appointed by the superintendent, two inmates selected by the grievant, and a non-voting chairperson designated by the superintendent or designee.

The timeframe in the text of Part 702.4(b)(1) is hereby amended as follows:

(1) Within seven[four] working days of receiving the written recommendation by the IGRC on the grievance complaint form, the inmate or any direct party to the grievance may appeal the IGRC decision/recommendation to the superintendent by filing an appeal with the person designated by the superintendent. If no appeal is filed, it will be presumed that the inmate or direct party accepts the committee's decision/recommendation.

The citation in Part 702.4(b)(2) is hereby amended as follows:

(2) The normal procedure for step two (section 701.5(c)[7(b)] of this Title) shall then be followed.

The timeframe in the text of Part 702.4(c)(1) is hereby amended as follows:

(1) Within seven[four] working days after receipt of the superintendent's written response to the grievance, the inmate or any direct party to the grievance may appeal the superintendent's action to the Central Office Review Committee (CORC) by completing the Notice of Decision to Appeal and returning it to the person designated by the superintendent.

The citation in Part 702.4(c)(2) is hereby amended as follows:

(2) The normal procedure for step three (section 701.5(d)[7c] of this Title) shall then be followed.

The following section is hereby added to Part 702 of Title 7 NYCRR.

Section 702.5 Harassment

The procedures for processing grievances regarding allegations of employee harassment as outlined in section 701.8, of this title, shall be followed.

The following section is hereby added to Part 702 of Title 7 NYCRR.

Section 702.6 Unlawful Discrimination

The procedures for processing grievances regarding allegations of unlawful discrimination as outlined in section 701.9 of this title shall be followed.

The following section is hereby added to Part 702 of Title 7 NYCRR.

Section 702.7 Strip Search/Strip Frisk

The procedures for processing grievances alleging violation of department policy regarding strip searches or strip frisks as outlined in section 701.10 of this title shall be followed.

Text of proposed rule and any required statements and analyses may be obtained from:

Anthony J. Annucci, Deputy Commissioner and Counsel, Department of Correctional Services, Bldg. 2, State Campus, Albany, NY 12226-2050, [phone], e-mail: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Consensus Rule Making Determination

The Department of Correctional Services has determined that no person is likely to object to the proposed rule as written as it merely incorporates the applicable sections of Part 701 of this title, Inmate Grievance Program, adopted on July 1, 2006, with regard to the following:

The timeframes regarding the processing of Inmate Grievances; correcting inaccurate citations and repeating sections already cited in Part 701 to emphasize the expedited procedures for grievances that due to their specific allegations are of particular concern to department facility administrators.

Job Impact Statement

A job impact statement is not submitted because this proposed rule will have no adverse impact on jobs or employment opportunities. This proposal merely seeks to ensure consistency with Part 701 of Title 7 NYCRR, Inmate Grievance Program.