NCJ Number
61976
Journal
Federal Probation Volume: 43 Issue: 2 Dated: (JUNE 1979) Pages: 43-48
Date Published
1979
Length
6 pages
Annotation
A DESCRIPTION OF AN INMATE GRIEVANCE MECHANISMS PROGRAM AS ESTABLSIHED AT THE GREEN HAVEN CORRECTIONAL FACILITY IN NEW YORK IS PRESENTED; THE NATURE OF GRIEVANCES IS EXAMINED.
Abstract
GRIEVANCE MECHANISMS THAT EMBRACE THE CONCEPTS OF APPEALABLE, MEDIATION-ORIENTED PROCESSES WILL ACCOMPLISH MOST EFFICIENTLY THE PRINCIPLES OF HR-9400, AN IMPORTANT LEGISLATIVE EFFORT WHICH WAS PENDING IN THE 95TH CONGRESS SUCH MECHANISMS ARE ALREADY IN USE IN NEW YORK AND AT THE GREEN HAVEN CORRECTIONAL FACILITIES; THEY INVOLVE A FOUR-STEP SYSTEM FOR HANDLING COMPLAINTS. THE FIRST STEP OF THE MECHANISM INVOLVES COMMITTEE INMATE MEMBERS OR COMMITTEE STAFF MEMBERS ASSISTING AN INMATE IN THE RESOLUTION OF HIS PROBLEM ON AN INFORMAL BASIS. AN INMATE MUST FILE A COMPLAINT WITHIN 6 DAYS OF AN OCCURRENCE OF THE PROBLEM; INMATES ARE ENCOURAGED TO EXHAUST ALL POSSIBLE MEANS OR RESOLVING PROBLEMS PRIOR TO GRIEVANCE FILING. IF THE PROBLEM CANNOT BE RESOLVED WITHIN THE 48-HOUR TIME PERIOD ESTABLISHED FOR INFORMAL RESOLUTION, THE INMATE MAY THEN REQUEST AND RECEIVE A FORMAL HEARING FROM THE GRIEVANCE COMMITTEE. ONCE THIS BODY IS CONVENED, IT HAS A TOTAL OF 5 DAYS TO OFFER A RESOLUTION. IF THE INMATE IS NOT SATISFIED WITH THE RESOLUTION, HE MAY APPEAL TO THE SUPERINTENDENT OF THAT FACILITY. IN CASES WHERE A SUPERINTENDENT IS NOT AT LIBERTY TO MAKE REQUIRED CHANGES IN THE DIRECTIVES, THE NEXT LEVEL OF REVIEW, BY THE CENTRAL ADMINISTRATION, IS PUT INTO MOTION. AN INMATE WHO DISAGREES WITH THE CENTRAL OFFICE REVIEW MAY APPEAL TO THE COMMISSION OF CORRECTION. THIS APPEAL INITIATES THE FINAL STEP IN THE MECHANISM AND MUST BE COMPLETED WITHIN A SPECIFIED TIME PERIOD. AS CURRENTLY DEVELOPED, NEW YORK STATE IS IN COMPLIANCE WITH THE PRINCIPLES AND INTENT OF HR-9400 WHICH CALLS FOR TIME LIMITS, PRIORITY PROCESSING OF EMERGENCY GRIEVANCES, SAFEGUARDS TO AVOID REPRISALS, AND INDEPENDENT REVIEW OF THE DISPOSITION OF GRIEVANCES. ALTHOUGH DIFFICULT TO DEFINE, A GRIEVANCE SHOULD BE REGARDED AS A CIRCUMSTANCE WARRANTING THE JUST CAUSE OF PROTEST, AS DISTINGUISHED FROM AN ANNOYANCE. LATE OR INCORRECT MAIL DELIVERY, FOR EXAMPLE, IS NOT A GRIEVABLE ISSUE. FOOTNOTES ARE INCLUDED (LWM)