CMC-35-13-00006-P Electronic Submission of Grievances

8/28/13 N.Y. St. Reg. CMC-35-13-00006-P

NEW YORK STATE REGISTER

VOLUME XXXV, ISSUE 35

August 28, 2013

RULE MAKING ACTIVITIES

STATE COMMISSION OF CORRECTION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. CMC-35-13-00006-P

Electronic Submission of Grievances

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

Proposed Action:

Amendment of sections 7032.5 and 7032.8 of Title 9 NYCRR.

Statutory authority:

Correction Law, section 45(4), (6) and (15)

Subject:

Electronic submission of grievances.

Purpose:

To allow local correctional facilities to submit inmate grievances electronically.

Text of proposed rule:

Subdivision (b) of section 7032.5 of Title 9 is amended to read as follows:

(b) Within three business days after receipt of the grievant's notice of appeal, the grievance coordinator shall mail, or electronically submit in a manner and form prescribed by the Commission of Correction, the appeal, the accompanying investigation report and all other pertinent documents to the Commission's Citizens' Policy and Complaint Review Council.

Paragraph (1) of subdivision (d) of section 7032.5 of Title 9 is amended to read as follows:

(1) Except as provided in paragraph (2) of this subdivision, the Citizens' Policy and Complaint Review Council shall issue a written determination to the appeal within 45 business days of receipt, copies of which shall be [sent] provided to the grievant, the chief administrative officer and the grievance coordinator. If such determination is in favor of the grievant as a matter of law, the chairperson of the Citizens' Policy and Complaint Review Council shall direct the chief administrative officer to comply with the grievance and provide an appropriate remedy.

Section 7032.8 of Title 9 is amended to read as follows:

(a) The grievance coordinator shall act as a liaison between the grievant, the chief administrative officer and the Commission of Correction in all matters that pertain to the inmate grievance program.

(b) For any grievance initially submitted electronically pursuant to subdivision (b) of section 7032.5 of this Part, the Citizens' Policy and Complaint Review Council may issue its determination to the chief administrative officer and grievance coordinator, as required by subdivision (d) of section 7032.5 of this Part, in a similar electronic manner. In such an instance, the grievance coordinator shall print and provide a paper copy of the written determination to the grievant, if still incarcerated in the facility, within one (1) business day.

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

Brian M. Callahan, Associate Attorney, New York State Commission of Correction, Alfred E. Smith State Office Building, 80 S. Swan Street, 12th Floor, Albany, New York 12210, [phone], email: [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.

Regulatory Impact Statement

1. Statutory authority:

Subdivision (4) of section 45 of the Correction Law allows the Commission of Correction to establish procedures to assure the effective investigation of grievances of, and conditions affecting, inmates of local correctional facilities. Subdivision (6) of section 45 of the Correction Law authorizes the Commission of Correction to promulgate rules and regulations establishing minimum standards for the care, custody, correction, treatment, supervision, discipline, and other correctional programs for all person confined in the correctional facilities of New York State. Subdivision (15) of section 45 of the Correction Law allows the Commission to adopt, amend or rescind such rules and regulations as may be necessary or convenient to the performance of its functions, powers and duties.

2. Legislative objectives:

By vesting the Commission with this rulemaking authority, the Legislature intended the Commission to promulgate and maintain minimum standards which provide for the efficient and effective investigation of local correctional facility inmate grievances by the Commission’s Citizens’ Policy and Complaint Review Council (CPCRC).

3. Needs and benefits:

As set forth in section 42 of the Correction Law and Part 7032 of Title 9 NYCRR, there exists, within the Commission of Correction, a Citizen’s Policy and Complaint Review Council (CPCRC). Comprised of unpaid members appointed by the Governor, the CPCRC accepts, reviews and renders determinations of appeals of written inmate grievances denied by the administrators of local correctional facilities.

Currently constructed, 9 NYCRR § 7032.5(b) requires the grievance coordinator of a local correctional facility to “mail the appeal, the accompanying investigation report and all other pertinent documents” to the CPCRC. As such submissions are often both numerous and voluminous, local correctional facilities must expend both significant postage fees and staff hours to accomplish the mailing.

In an effort to reduce these costs, as well as expedite the process by which grievance appeals are submitted to the CPCRC, distributed to the members, and resulting determinations are returned to the facility and grievant inmate, the Commission is currently developing a procedure to accomplish the above electronically. To implement such a process, the regulation requiring submission of grievance appeals by mail must be amended.

4. Costs:

a. Costs to regulated parties for the implementation of and continuing compliance with the rule: None. The proposed rule only provides another avenue by which local correctional facilities may submit inmate grievance appeals to the CPCRC.

b. Costs to the agency, the state and local governments for the implementation and continuation of the rule: None. The regulation does not apply to state agencies or governmental bodies. As set forth above in subdivision (a), there will be no additional costs to local governments.

c. This statement detailing the projected costs of the rule is based upon the Commission’s oversight and experience relative to the operation and function of a local correctional facility.

5. Local government mandates:

None.

6. Paperwork:

No change is sought to the necessary forms and documents by which local correctional facility inmate grievances are appealed to the CPCRC, and thus this rule does not require any additional paperwork on regulated parties. The proposed rule seeks only to provide another avenue by which local correctional facilities may submit inmate grievance appeals to the CPCRC.

7. Duplication:

This rule does not duplicate any existing State or Federal requirement.

8. Alternatives:

The alternative, maintaining current regulations that require local correctional facilities to mail inmate grievance appeals to the CPCRC, was explored by the Commission. This alternative was rejected upon the Commission’s finding that the proposed amendment could reduce postage fees, as well as expedite the process by which grievance appeals are submitted to the CPCRC, distributed to the members, and resulting determinations are returned to the facility and grievant inmate.

9. Federal standards:

There are no applicable minimum standards of the federal government.

10. Compliance schedule:

Each county correctional facility is expected to be able to achieve compliance with the proposed rule immediately.

Regulatory Flexibility Analysis

A regulatory flexibility analysis is not required pursuant to subdivision three of section 202-b of the State Administrative Procedure Act because the rule does not impose an adverse economic impact on small businesses or local governments. The proposed rule seeks only to allow local correctional facilities to electronically submit inmate grievances to the Citizens’ Policy and Review Council. Accordingly, it will not have an adverse impact on small businesses or local governments, nor impose any additional significant reporting, record keeping, or other compliance requirements on small businesses or local governments.

Rural Area Flexibility Analysis

A rural area flexibility analysis is not required pursuant to subdivision four of section 202-bb of the State Administrative Procedure Act because the rule does not impose an adverse impact on rural areas. The proposed rule seeks only to allow local correctional facilities to electronically submit inmate grievances to the Citizens’ Policy and Review Council. Accordingly, it will not impose an adverse economic impact on rural areas, nor impose any additional significant record keeping, reporting, or other compliance requirements on private or public entities in rural areas.

Job Impact Statement

A job impact statement is not required pursuant to subdivision two of section 201-a of the State Administrative Procedure Act because the rule will not have a substantial adverse impact on jobs and employment opportunities, as apparent from its nature and purpose. The proposed rule seeks only to allow local correctional facilities to electronically submit inmate grievances to the Citizens’ Policy and Review Council. As such, there will be no impact on jobs and employment opportunities.