Department of Corrections and Community Supervision

Rules & Regulations

Inmate Grievance Program Modified Amendments (Part 702 of 7 NYCRR)

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

DOS #: COR-11-07-00005

Date adopted: 5/23/2007

Description: This is a consensus rule to incorporate the applicable section of Part 701 of this title, Inmate Grievance Program, such as time frames for processing inmate grievances and emphasize the expedited procedures for certain grievances as cited in Part 701.

TEXT OF RULE

Sections of Part 702 of Title 7, NYCRR are amended as follows:

The timeframe in the text of Part 702.4(a)(4) is hereby amended as follows:

(4) If the grievance cannot be resolved informally [within four working days], the designated staff shall convene an IGRC hearing within sixteen calendar [seven working] days from the date the grievance was received by that staff person. The IGRC shall be composed of two staff representatives appointed by the superintendent, two inmates selected by the grievant, and a non-voting chairperson designated by the superintendent or designee.

The timeframe in the text of Part 702.4(b)(1) is hereby amended as follows:

(1) Within seven [four] working days of receiving the written recommendation by the IGRC on the grievance complaint form, the inmate or any direct party to the grievance may appeal the IGRC decision/recommendation to the superintendent by filing an appeal with the person designated by the superintendent. If no appeal is filed, it will be presumed that the inmate or direct party accepts the committee's decision/recommendation.

The citation in Part 702.4(b)(2) is hereby amended as follows:

(2) The normal procedure for step two (section 701.5(c)[7(b)] of this Title) shall then be followed.

The timeframe in the text of Part 702.4(c)(1) is hereby amended as follows:

(1) Within seven [four] working days after receipt of the superintendent's written response to the grievance, the inmate or any direct party to the grievance may appeal the superintendent's action to the Central Office Review Committee (CORC) by completing the Notice of Decision to Appeal and returning it to the person designated by the superintendent.

The citation in Part 702.4(c)(2) is hereby amended as follows:

(2) The normal procedure for step three (section 701.5(d)[7c] of this Title) shall then be followed.

The following section is hereby added to Part 702 of Title 7 NYCRR.

Section 702.5 Harassment
The procedures for processing grievances regarding allegations of employee harassment as outlined in section 701.8, of this title, shall be followed.

The following section is hereby added to Part 702 of Title 7 NYCRR.

Section 702.6 Unlawful Discrimination
The procedures for processing grievances regarding allegations of unlawful discrimination as outlined in section 701.9 of this title shall be followed.

The following section is hereby added to Part 702 of Title 7 NYCRR.

Section 702.7 Strip Search/Strip Frisk
The procedures for processing grievances alleging violation of department policy regarding strip searches or strip frisks as outlined in section 701.10 of this title shall be followed.

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.