Department of Corrections and Community Supervision

Rules & Regulations

Inmate Grievance Program Amendments (Part 701 of 7 NYCRR)

Date filed with the Department of State (DOS): 3/14/2007

DOS #: COR-11-07-00004

Date adopted: 5/23/2007

Description: This is a consensus rule to correct non-substantive, punctuation and citation errors in the existing rule.

TEXT OF RULE

The following sections of Part 701 of Title 7, NYCRR are amended as follows:

A punctuation error appears in the third sentence of section 701.5(a)(2) and is hereby amended as follows:

(2) Contents. In addition to the grievant's name, department identification number, housing unit, program assignment, etc., the grievance should contain a concise, specific description of the problem and the action requested and indicate what actions the grievant has taken to resolve the complaint, i.e., specific persons/areas contacted and responses received. The IGP supervisor shall review the grievance complaint and designate the grievance code and title. If the IGP supervisor determines that the grievance may be a harassment, discrimination or strip frisk/strip search grievance, it shall be processed in accordance with the respective expedited procedure (section 701.8,.9 or .10, below). The clerk shall consecutively number and log each grievance at the time of receipt.

A numbering error appears in section 701.5(b)(4)(i)(c). The sub clauses (i) through (iv) are hereby renumbered as (1) through (4) respectively.

A citation error appears in section 701.6(a). The citation in the first sentence is amended as follows:

(a) Advisors. An inmate may present or appeal a grievance unaided, or may be advised or assisted by a staff member or another inmate of his/her choosing subject to the restrictions set forth in sections 701.2[(g)] (h), above, and 701.7(c)(3), below. At the discretion of the superintendent, inmate advisors for keeplocked inmates may be limited to inmate clerks or inmate representatives on the IGRC and keeplocked inmates may be prohibited from serving as advisors to other inmates.

A citation error appears in section 701.6(f)(1) and is amended as follows:

(1) A code of ethics (see section 701.[10]11) for IGRC staff and inmate representatives, clerks, and chairpersons has been established to strengthen the credibility and effectiveness of the IGP. Violations of this code may result in removal from the IGP.

Note:

Changes in the proposed text are indicated by underlining new text and [bracketing] text to be deleted. Rules that are new are presented as regular text without underlining or brackets. New and/or repealed rules are noted in the description heading at the top of the document.

The complete listing of New York Codes, Rules, and Regulations (NYCRR) is available online through the NYS Department of State website.