NCJ Number
45505
Date Published
1977
Length
30 pages
Annotation
AN INMATE GRIEVANCE PROCEDURE IN OPERATION IN THE SAN FRANCISCO COUNTY JAIL IS DESCRIBED, EVALUATED, AND CRITICIZED; RECOMMENDATIONS ARE PRESENTED.
Abstract
THE INMATE GRIEVANCE SYSTEM (IGS) WAS INSTITUTED IN SEPTEMBER 1976 TO ASSURE THAT INMATE COMPLAINTS ARE GIVEN FULL OPPORTUNITY FOR FAIR HEARING, CONSIDERATION, AND RESOLUTION. THE PROCEDURE IS INTENDED TO SUPPLEMENT, NOT REPLACE, METHODS OF DISPUTE RESOLUTION AT LOWER LEVELS. GRIEVANCES ARE SUBMITTED IN WRITING TO THE JAIL OMBUDSMAN, EXAMINED FOR MERIT, INVESTIGATED, AND FORWARDED TO THE GRIEVANCE ADVISORY PANEL (GAP); THE GAP IS THE FIRST LEVEL OF APPEAL, FOLLOWED BY REVIEW BY THE UNDERSHERIFF AT THE SECOND LEVEL, AND REVIEW BY THE COMMUNITY ADVISORY COMMITTEE AT THE THIRD LEVEL. FINAL APPEAL, OR REVIEW BY THE SHERIFF, MAY BE MADE DIRECTLY FROM THE SECOND OR THIRD LEVELS. THE EVALUATION TEAM WAS ABLE TO REVIEW NEARLY ALL INDIVIDUAL GRIEVANCES FROM IGS RECORDS; ALTHOUGH 161 SEPARATE GRIEVANCES WERE FILED THROUGH THE FORMAL PROCEDURES, ONLY 122 ARE INCLUDED IN ANALYSIS OF THE WRITTEN RECORDS. DURING THE STUDY PERIOD FROM DECEMBER 13, 1976 TO JUNE 2, 1977, FOUR TYPES OF GRIEVANCES WERE IDENTIFIED: (1) THOSE CONCERNING EITHER THE SUBSTANCE AND/OR APPICATION OF A POLICY OF THE SHERIFF'S DEPARTMENT OR ANY OF ITS FACILITIES; (2) THOSE CONCERNING THE BEHAVIOR, CONDUCT, AND/OR ACTION DIRECTED TOWARD AN INMATE BY EITHER AN EMPLOYEE OF THE SHERIFF'S DEPARTMENT OR ANOTHER INMATE; (3) THOSE CONCERNING SPECIFIC CONDITIONS OF CONFINEMENT RELATIVE TO THE INSTITUTION'S PHYSICAL FACILITIES, EQUIPMENT, SANITARY CONDITIONS, ETC.; AND (4) OTHER INMATE GRIEVANCES NOT APPROPRIATE FOR THE FIRST THREE CATEGORIES, SUCH AS COMPLAINTS ABOUT OTHER PROGRAMS WITHIN THE JAILS, OR ANY QUESTION OR COMPLAINT THAT REQUIRED NO ACTION ONCE THE RULES WERE EXPLAINED. THE RESPECTIVE BREAKDOWN OF GRIEVANCES BY CATEGORY IS AS FOLLOWS: (1) 60.66 PERCENT; (2) 13.93 PERCENT; (3) 21.31 PERCENT; AND (4) 3.28 PERCENT. IN TERMS OF DISPOSITIONS, 66.25 PERCENT WERE DECIDED IN FAVOR OF THE INMATE (N=53) AND 33.75 PERCENT WERE DECIDED IN FAVOR OF THE STAFF/INSTITUTION (N=27). THOSE GRIEVANCES THAT THE EVALUATORS DEEMED TO BE COMPROMISES WERE NOT COUNTED. NEARLY HALF OF THE NUMBER OF GRIEVANCES WERE FILED BY WOMEN: 58 GRIEVANCES WERE LODGED BY FEMALE IMMATES, AND 60 WERE FILED BY MALES. THIS REPRESENTS A MUCH GREATER PRORATA USE OF THE IGS BY WOMEN. THE MAJORITY OF THE SUPERVISORY STAFF FELT THAT MANY OF THE INMATE COMPLAINTS WERE PETTY, WHILE THE MAJORITY OF THE CUSTODIAL STAFF INTERVIEWED BELIEVED IGS IS A GOOD PROGRAM. THE OVERWHELMING REACTION OF THE INMATES TO THE IGS WAS THAT THE PROGRAM IS GOOD AND IS THE ONLY WAY TO HAVE THEIR PROBLEMS AIRED. OBSERVATIONS OF THE EVALUATORS LED TO RECOMMENDATIONS CONCERNING: CHANGING THE NAME AND PLACE OF THE GRIEVANCE BOXES IN WHICH COMPLAINTS ARE COLLECTED; REVISING GRIEVANCE FORMS; ASSIGNING AN OMBUDSMAN STAFF PERSON TO REGULARLY AUDIT THE RECORDS OF THE IGS; SETTING REGULAR GRIEVANCE PROGRAM MEETINGS; AND KEEPING RECORDS ACCORDING TO THE TYPE OF GRIEVANCE FILED. SUGGESTIONS FOR IGS STAFFING ARE ALSO OFFERED. APPENDIXES PRESENT THE EVALUATION METHODOLOGY AND A SPECIMEN GRIEVANCE RECORD PAGE. TABULAR AND GRAPHIC DATA ARE PROVIDED. (DAS)