NEVADA DEPARTMENT OF CORRECTIONS INMATE GRIEVANCE PROCEDURE Have you ever been involved in the Inmate Grievance Procedure What do you believe the purpose of the Inmate Grievance Procedure is HISTORY OF INMATE GRIEVANCE PROCEDURES ID: 683778
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Slide1
Why we have a grievance process…
NEVADA DEPARTMENT OF CORRECTIONS INMATE GRIEVANCE PROCEDURESlide2
Have you ever been involved in the Inmate Grievance Procedure?
What do you believe the purpose of the Inmate Grievance Procedure is?Slide3
HISTORY OF INMATE GRIEVANCE PROCEDURES
Beginning in the mid 1960’s Federal Courts began to recognize prisoner’s rights such as habeas corpus, the Eighth Amendment, and other constitutional provisions
Civil Rights Act 1964 allowed judges to hold prison administrators responsible for unconstitutional actions taken under state lawSlide4
A
doption of Internal Grievance Procedures served to benefit the Courts, the Prisons and the Inmates by:
1. Allowing
prisons to identify institutional problems and handle disputes within the prison system before they reached the court’s thereby reducing inmate litigation and judicial intervention with respect of the management of prisons
ANDSlide5
Allowing prisons to identify institutional problems and handle disputes within the prison system before they reached the court’s thereby reducing inmate litigation and judicial intervention with respect of the management of prisons
2. Reduce inmate violence by giving inmates a fair and equitable forum to voice complaints and receive responses to their complaintsSlide6
Reduce inmate violence by giving inmates a fair and equitable forum to voice complaints and receive responses to their complaintsSlide7
In the late 1960’s and into the early 1970’s prisons were experiencing overcrowding and staff shortages, the prisoner’s rights movement was gaining momentum, and prison rebellions began to take on different characteristicsSlide8
“
By the summer of 1971, the state prison in Attica, New York, was ready to
explode
Inmates were frustrated with chronic
overcrowding
censorship of
letters
living conditions that limited them to one shower per week and one roll of toilet paper per month
Some Attica prisoners, adopting the radical spirit of the times,
and began
to perceive themselves as political prisoners rather than convicted criminals.Slide9
On the morning of September 9, the eruption came when inmates on the way to breakfast overpowered their guards and stormed down a prison gallery in a spontaneous riot.
They
broke through a faulty gate and into a central area known as Times Square, which gave them access to all the cellblocks. Slide10
Many of the prison’s 2,200 inmates then joined in the rioting, and prisoners rampaged through the facility beating
officers,
acquiring makeshift weapons, and burning down the prison chapel. Slide11
Using tear gas and submachine guns, state police regained control of three of the four cellblocks held by the rioters without loss of life. Slide12
By 10:30 a.m., the inmates were only in control of D Yard, a large, open exercise field surrounded by 35-foot walls and overlooked by gun towers.
Thirty-nine
hostages, mostly
officers
and a few other prison employees, were blindfolded and held in a tight circle. Inmates armed with clubs and knives guarded the hostages closely.Slide13
Riot leaders put together a list of
demands to include:
Improved
living
conditions
M
ore
religious
freedom
an End
to mail
censorship
Expanded phone privileges
They
also called for specific individuals, such as U.S. Representative Herman
Badillo
and New York Times columnist Tom Wicker, to serve as negotiators and civilian observers. Slide14
Meanwhile, hundreds of state troopers arrived at Attica, and New York Governor Nelson A. Rockefeller called in the National
Guard
In tense negotiations, New York Correction Commissioner Russell Oswald agreed to honor the inmates’ demands for improved living
conditions
However, talks bogged down when the prisoners called for amnesty for everyone in D Yard, along with safe passage to a “non-imperialist country” for anyone who desired it.
Observers pleaded with Governor Rockefeller to come to Attica as a show of good faith,
but
he refused and instead ordered the prison to be retaken by force.Slide15
On the rainy Monday morning of September 13, an ultimatum was read to the inmates, calling on them to surrender.
They
responded by putting knives against the hostages’ throats. At 9:46 a.m., helicopters flew over the yard, dropping tear gas as state police and correction officers stormed in with guns blazing.
The
police fired 3,000 rounds into the tear gas haze, killing 29 inmates and 10 of the hostages and wounding 89. Slide16
Most were shot in the initial indiscriminate barrage of gunfire, but other prisoners were shot or killed after they surrendered
.
An
emergency medical technician recalled seeing a wounded prisoner, lying on the ground, shot several times in the head by a state trooper.
Another prisoner was shot seven times and then ordered to crawl along the ground.
When
he didn’t move fast enough, an officer kicked him. Many others were savagely beatenSlide17
In the aftermath of the bloody raid, authorities said the inmates had killed the slain hostages by slitting their throats. One hostage was said to have been castrated.
However
, autopsies showed that these charges were false and that all 10 hostages had been shot to death by police. The attempted cover-up increased public condemnation of the raid and prompted a Congressional investigation.Slide18
The
Attica riot was the worst prison riot in US history. A total of 43 people were killed, including the 39 killed in the raid, the guard William Quinn, and three inmates killed by other prisoners early in the riot.”Slide19
This
is the type of extreme violence is what that the Inmate Grievance Procedures hope to avoid by providing Inmates with a fair and equitable forum to voice complaints and receive responses to their complaints.Slide20
By 1983, each of the 50 states had adopted some form of grievance procedures for their adult prison systemsSlide21
ADMINISTRATIVE REGULATION 740
NDOC INMATE GRIEVANCE PROCEDURESlide22
What is the purpose of AR 740 Inmate Grievance Procedure?
“The purpose of this Administrative Regulation (“AR”) is to set forth the requirements and procedures of the administrative process that the Nevada Department of Corrections (“NDOC”) inmates must utilize to resolve addressable grievances and claims, including, but not limit to, claims for personal property, property damage, disciplinary appeals, personal injuries, and any other tort or civil rights claim relating to conditions of confinement
.”Slide23
INMATE GRIEVANCE PROCEDURE
FLOW CHARTSlide24
Inmate
has Issue/Complaint
Inmate
Attempts to Informally Resolve at Lowest Level
Generally the inmate will address the issue and attempt informal resolution with their caseworkerSlide25
Inmate submits Informal Level Grievance (DOC 3091) including any necessary Grievant’s Statement Continuation Form (DOC 3097) and supporting documentation through placement in the Grievance BoxSlide26
Informal Level Grievance is reviewed to determine if procedural and substantive requirements of AR 740 have been met
Grievances must have a remedy
Grievances must be submitted in within the proper time frames
“
Within six (6) months, in compliance with NRS 209.243, if the issue involves personal property damage or loss, personal injury, medical claims or any other tort claims, including civil rights claims
.”
“Within
ten (10) calendar days if the issue involves any other issues within the authority and control of the Department including, but not limited to, classification, disciplinary, mail and correspondence, religious items, and food
.”
These timeframes do NOT apply to PREA allegations of sexual abuseSlide27
Grievances must factually demonstrate a loss or harm
Grievances issues must be within the authority and control of the NDOC
Grievances must only have one issue
Grievances cannot be a duplicate of previously filed grievance
Inmates may only file 1 grievance per week (Monday-Sunday)
This excludes PREA allegations of Sexual Abuse and Emergency Grievances that involve Health or Safety ConcernsSlide28
If the procedural and substantive requirements of AR 740 have
NOT
been
met an Improper Grievance Memorandum (DOC 3098) will be issued to the inmate
If the inmate is able to fix the procedural and/or substantive issues identified in the Improper Grievance Memorandum (DOC 3098) they may resubmit his grievance at the Informal Level onlySlide29
If the procedural and substantive requirements of AR 740 have been met, the Informal Level Grievance will be forwarded to the appropriate grievance responder
Grievances alleging sexual abuse are referred to the Inspector General’s Office for Investigation.
Medical, dental and mental health are forwarded to the institution’s medical department
Grievances alleging staff misconduct are reviewed by the Warden and if deemed appropriate are forwarded to the Inspector General for investigation
Most other grievances are forwarded to Caseworker who will work with appropriate staff to respondSlide30
Informal Level Grievances must be responded to and returned to the inmate within
45 calendar
days
Grievances may be GRANTED, DENIED, or PARTIALLY GRANTED at any level as deemed appropriate after the claim in the grievance has been investigatedSlide31
If the inmate disagrees with the Informal Level Grievance Response they may proceed to by submitting a First Level Grievance (DOC 3093), including any necessary Grievant’s Statement Continuation Form (DOC 3097) and supporting documentation, through placement in the Grievance BoxSlide32
The Frist Level Grievance is reviewed to determine if procedural and substantive requirements of AR 740 have been met
The First Level Grievance must have been submitted within 5
calendar days
of receipt of the Informal Level Grievance Response
If the grievance was Granted or Partially Granted at the Informal Level the inmate may not continue with the appeal
If the procedural and substantive requirements of AR 740 have
NOT
been met, an Improper Grievance Memorandum (DOC 3098) will be issuedSlide33
If the procedural and substantive requirements have been met, the First Level Grievance will be forwarded to the appropriate grievance responder
Medical, dental and mental health will be forwarded to the institution’s medical department for response by the
Director of Nursing
All other matters will be responded to by the
Warden
The grievance responder will investigate and prepare a written response to the First Level Grievance Slide34
If the inmate disagrees with the First Level Grievance Response, they may proceed by submitting a Second Level Grievance (DOC 3094), including any necessary Grievant’s Statement Continuation Form (DOC 3097) and supporting documentation, through placement in the Grievance BoxSlide35
The Second Level Grievance is reviewed to determine if procedural and substantive requirements of AR 740 have been met
The Second Level Grievance must have been submitted within 5
calendar days
of receipt of the First Level Grievance Response
If the grievance was Granted or Partially Granted at the Frist Level the inmate may not continue with the appealSlide36
If the procedural and substantive requirements of AR 740 have
NOT
been
met, an Improper Grievance Memorandum (DOC 3098) will be issued
If the inmate is able to fix the procedural and/or substantive issues then they may re-submit at the Second LevelSlide37
If the procedural and substantive requirements have been met, the Second Level Grievance will be forwarded to the appropriate grievance responder
The Deputy Director of Operations responds to facility custody or security operations that do not involve
programs
The Deputy Director of Programs responds to all program issues such as education, visiting, or religious
programming
The Deputy Director of Support services responds to fiscal, property and telephone
issues
The Offender Management Administrator responds to classification and timekeeping
issues
The Medical Director responds to medical/dental issues, including medical co-pays or
charges
The Mental Health Administrator responds to mental health issues
The grievance responder will investigate and prepare a written response to the Second Level Grievance Slide38
If the inmate disagrees with the Second Level Grievance Response they may proceed to litigation having most likely exhausted all available administrative remedies
If
an Informal or Frist Level Grievance is granted, under the current version of AR 740, the inmate’s administrative remedies were exhaustedSlide39
EMERGENCY GRIEVANCE (DOC 1564)
Emergency Grievances are different in that there is no
requirement
of informal resolution and Emergency Grievances are not placed in the Grievance Box. Emergency Grievances may be delivered to any staff member and upon receipt they are to be delivered to the shift supervisorSlide40
Most NDOC staff will not be involved with drafting responses to inmate grievances, however, many may be involved in assisting other NDOC staff, such as Caseworkers, in preparing responses to Inmate Grievances
If you are asked to prepare a report (028) or respond to an inquiry from a Caseworker or Admin Lieutenant regarding in incident which the inmate is grieving, what do you think would be helpful to include in your report or response?Slide41Slide42