NCJ Number
73168
Journal
Journal of Probation and Parole Volume: 12 Dated: (Fall 1980) Pages: 29-42
Date Published
1980
Length
14 pages
Annotation
Reasons for establishing grievance mechanisms in community-based corrections, the kinds of grievance procedures that should be available, and Iowa's administrative grievance procedures are discussed.
Abstract
Although community-based corrections grievance procedures may not be constitutionally required, they should be established for the following reasons: (1) to provide probationers and parolees opportunities to be heard when they perceive they are being treated unfairly by officials, (2) to assist administrators in identifying agency or personnel problems, (3) to increase the public's awareness of agency accountability, (4) to aid in the rehabilitation of the offender by providing him/her with a model for resolving conflict, and (5) to facilitate intra-agency uniformity in the treatment of offendes. Rudimentary safeguards should include notification to the offender of a date and time for a hearing within 5 days after the receipt by the probation or parole supervisor of a written complaint which is not obviously frivolous. Other safeguards include the hearing of the complaint by an independent decisionmaker who is not a judicial officer or attorney, and the right of the offender to present his/her side of the story and confront the supervising officer. After the hearing officer makes a timely decision, the offender should be given a written statement of the reasons. The offender should also be given the opportunity for a one-step appeal process which extends outside the agency involved. In Iowa, rules and procedures for community-based corrections programs have been promulgated in the State Social Services Administrative Code, which provides that the 'director of each of the 8 judicial districts shall ensure that the agency has a written client discipline and grievance police including procedures and an appeals process.' Footnotes and a bibliography are provided.