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Cca Corporate and Facility Policy Inmate Rights 2007
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CCA CORPORATE AND FACILrTY POLICY PAGE 1 OF 2 CHAPTER 14: INMATE/RESIDENT RIQIiTS SUBJECT: LEGAL RIGHTS OF INMATES/RESIDENTS SUPERSEDES: JULY 1,1995 EFFECTIVE DATE: DECEMBER 1! 200:i! FACIL.ITY: CORRECTIONAL.: TREATMENt FACILITY FACILITY SUPERSEDES: DECEMBER 13. 2002 FACIL.ITY EFFECTIVE DATE: AUGUST 12,2005 APPRovaD: APPROVED: SIGNATURE ON FILE AT CQRPORATE OFFICE JIMMY TURNER VICE PRESIDENT, OPERATIONS SIGNATURE ON FIL.E AT CORPORATE QFFICE G,A.PURYEAR eXECUTIVE VICE PRESIDENT/ ClENERAL. COUNSEL. 14-4,' PURPQSE: To specify rights afforded inmates/resIdents housed in CCA faoilities. 14-4.2 AUTHORITY: Corporate and Facility Policy; State and Federal Laws 14·4.3 DEFINITIONS: JnmatEl/Resldent - Any adult or Juvenile, male or female housed In a CCA faCility, Inmates/residents may also be referred to as detainees, prisoners or offenders depending on classifIcation and In accordance with facility management contracts. 14-4.4 POLICY: It is the policy of CCA to ensure that allinmates/residsnts are afforded the folloWing rights; A. Aocess to· Qourtsi Inmates/residents will have aocess to the court system In accordance with eCA Corporate and Facility polley 14-8 or any other oontractually requin~d policy conoerning access to the court system. 8. Access to Counsel.: attorneys. Inmates/residents will be able to have confidential contact with their ' C. Equal Acoess: Program acCBSS, work assignments and administrative decisions will be made without regard to racs,' religion, national origin, gender, disability, or political views. D. Ser,?arate Housing: Male and female Inmates/residents housed in the same Institution will have separate sleeping quarters but equal access to all available services and programs, Neither sex will be denied opportunities solely on the basis of their. smaller number in the pOpulation. E, 8QQess to Media: Inmates/residents are permitted to have reasonable aocess to the media in accordance with CCA Corporate and Facility Policy 14-3 or any other contractually required policy concerning acoess to the media. Proprietary Information· Not 'or Distribution. Copyrighted Property of Corrections Corporation of America l~0!800~ .:l1:J-'Q':J:J ~ 088888GOG X'Q'.:l LL: G~ 800G/8 ~ /80 PAGE 2 OF 2 CCA CORPORATE AND FACILITY POLICY POLICY 14-4 F. Protection From Persgnal Apuse, Verbal Abuse, p§rsonal Inlury, Punishment. Property Damage and Harassment G, Freedom from.Uoreasonable Searches; Inmates/residents will not be searohed for hara.sslng or retaliatory purposes, Inmate/resident searches will be conducted in accordance with eCA Corporate and Facility Policy 9-5 or any other contractually required policy concerning searches. H. PersQoal GrgomjnQ: Inmates are permitted 1reedom in personal grooming as long as their appearance doss not conflict with the facIlity's requirements for safety, security, identification and hygiene. I, ~rieyance Procedures: J. Religlop: K. Freedom from Disgrlmlnatlon: Freedom from discrImination based on race, religion, natIonal origin, gender, disability, or political views L. Protection from Inmates/6eiigents Having Power or Authority Q'(er Angther Inmate/Resident: All Inmates/residents will be supervised and under the control of trained staff or trained volunteers at all times. In no case will an Inmate/resident be given power or authority over another Inmate/resident. M. Access to Foreign Consulate: Foreign national (non-U,S, citizen) Inmates/resident have right to aocess the foreign oonsulate from his/her country of olti;!eDship at any time. Disease. Qorporal Inmates/residents will have aooess to a grievance or administrative remedy procedure as outlined in eCA Corporate and Facility Policy 14-5 or any other contraotually reqUired polioy concerning grievances. Inmates/residents can practloe a religion subject only to limitation necessary to maintain order and security, a 14-4.5 PROCEDURE: A. The Warden/Administrator or designee will investigate any allegation of a viOlation of this policy. B. Any staff member found violating the rights of Inmates/re6idents set forth in this policy will face possible disciplinary action up to and including termination of employment. C, Staff members will report violations 01 this policy immediately to their Immediate supervisor or the next available staff member In the chain of command. D. Foreign Consular Notification If the contracting agenoy has not assumed responsibIlity of foreIgn consular notification or if Inmates/residents invoke the right after initial arrest and detention, CCA will. notify the consulate In aooordanoe with the U,S. Department of State guidelines, E. AT THIS FACIL.ITY, APprTIONAL PROCEDURES ARE AS FOLLOWS: . A cOPy of this policy Is ayallable in the L,w Library and will be proylded to any Inmate upon request. 14-4.6 REVIEW! The General Counsel will review this polley annually. 14-4.7 APPLICABILITY: All CCA 1acilities and programs, 14-4.8 ATTACHMENTS: None, 14-4.9 REFERENCeS: Proprietary Information - Not for DIstribution· Copyrighted Property of Correotlons Corporation of America LLO/t'OO~ .:!l:J-V:J:J L088888002: XV.:! LL: 2: L 8002:18 L180 PAGE 3 OF 2 CCA CORPORATE AND FACILITY POLICY POLICY 14-4 .' ACA Standards. The ACA Standards for this facility are as follows: 4-ALpE·6A-01, 6A-06, sA-O', SA-OB, 6A·Q4, 6S-01 Proprietary Information· Not for Distribution· Copyrighted Property of Corrections Corporation ot America LLO/!100~ .:11::1-11::1::1 L0888882:02: XII.:I L L : 2: L 8002:18 L180 cc~ Inmate/Resident Grievance Procedures 14-5 .... Page 1 of 12 CORRECTIONS CORPORATION OFAMERICA S/GNATUR' oN mE AT fA 9 U.'tySllPpORT PINTiIl a.A. PUryfI&r. IV VIOl PNl,Id,nllCl.n~181 CrJlJn'lIl ~d"IJI/VII 14-5.1 POLICY: CCA will provide a means for all Inmates/residents to address complaints regarding facility conditions, treatment, and policies and procedures. Many matters can and should be resolved directly and promptly between the inmate/resident and institutional staff. All inmates/residents will have access to an informal resolution process to resolve their complaints. At any time the Informal resolution prooess ha5 not provided successful resolution of the complaint or in the event of an emergency grIevance, inmates/residents may use the formal grievance process. All complaints should be a.ssessed in a fair and Impartial manner. Resolution in the best Interest of the Inmate/resident and the facility should be the primary goal. 14-5.2 AUTHORI'N: CCA Company Polley 14-6.3 DEFINITION: Emergency Grievance - A grlevanoe In Which the potentIal for personal InJury or irreparable harm exIsts. Grievance Officer - Facility staff member responsible for tracking and management of the grievance process. This Includes coordination of Investigations and ensurIng that resolution is reached. Grievanoe - A written complaint concerning the facility conditions, treatment, polloies, and/or procedures which is believed to personally effect the inmate/resident In a negative manner, Inmate/Resident - Any adult or juvenile, male or female, housed in a CCA facility. Inmates/residents may also be referred to as detainees, prisoners, or offenders depending on Classification and in acoordance with facility management contraots. Reasonable Suspicion - A suspicion Which is based upon documentable, e.rtloulable facts whIch. together with the employee's knowledge and experIence, lead him/her to believe that an unauthorized situation or violation of rules exists. Reprisal - Any action or threat of action against Bny Inmate/resident for the good faith use of or good faIth participation in the Informal resolution prooess or grievanoe procedure, 14-5.4 PROCEDURES: PROCEDURES INDEX SECTION A B C D SUBJECT Availabl/lty of Information Tralnlnc Grievance Availability Confidentiality Proprretary Information - Not For DIstrIbution - Copyrlght.cI LLO!800 lEI Prop.rty of Correction. Corporation of Amerlce L088888GOG XII.:l L l : Gl 800G/8l/80 E F G H I J K L M N 0 p Q R S T A. 14-5 MARCH 14, 2007 Page 2 of 12 Protection from Reprisal Grievable Matters Non-Grievable Matters Excessive Filine of Grievances Grievance Extensions Grlevanoe Officer Informal ResolutIons E:meraencv Grievances Formal Grievances Grievances Aaainst Contraotlna Agency Remedies Apoeal Process Transfers/Releases Reoords ReportlnQ ATF Section AVAILABILITY OF INFORMATION 1, Employees A copy 01 this policy will be available to all employees. 2. Inmates/Residents a. New Inmates/residents will be Informed of the informal resolution process and grlevanoe procedures upon arrival. b. A summary of procedures outlined In this policy will be Included in the Inmate/Resident Handbook. o. A copy of this polioy will be available In the inmate/resident library. A copy will also be available for inmatesJresldents that do not have the opportunity to visit the library (i.e. segregated Inmates/residents). NOTE: In the event an Inmate/resident has difficulty in understanding the procedures outlined In this polley, employees must ensure that the Information Is effectively communicated on an individual basis. Auxiliary aids which are reasonable, effective, and appropriate to the needs of the inmate/resident shall be provided when ~imple written or oral communioatlon Is not effective. B. TRAINING All employees will receive training on this policy 11'1 pre-servloe and in·servloe trainIng. Training will be documented In aooordance with CCA Policy 4-2, Maintenance of Training Records. C. D. GRIEVANCE AVAILABILITY 1. Inmates/residents oan Invoke the grievance procedure regardless of disciplinary, classification! or other administrative decisions to which the Inmate/resident may be subject. 2. An inmate/resident may not submit a grievance on behalf of another inmate/resident; however, assistance from a staff member or inmate/resident may be provided When necessary to communicate the problem on the grievance form. CONFIDENTIALITY Propeny or Corr.ctlgn~ Corporlltlon of America Proprietary InformatIon -- Not For Distribution - Copyrighted LL OILOO I2J .:!18-1188 L0888882:02: XII.:! 8 L : 2: L 8002:18 L/80 I - Page 3 of 12 MARCH 14, 2007 14-5 Grievances are considered special correspondence. If a sealed envelope is labeled "Grlevance" and addressed to the Grievance Officer, it will not be opened for Inlspactlon unless there is reasonable suspicion that the sealed envelope contains contraband. If reasonable suspicion exists and the Warden/Administrator or designee's approval has been obtained. the envelope may be opened and Inspected for contraband only. E. PROTECTION FROM REF'AISAL Inmates/residents shall not be subject to retaliation, reprisal, harassment, or discipline for use or participation In the informal resolution process or grievance process. Any allegations at thIs nature will be thoroughly investigated by the Warden/Administrator and reviewed by the appropriate Divisional Managing Director, Facility Operations, The DiVisional Managing DIrector, Facility Operations will notify the appropriate Vice President, Facility Operations of any allegations that are found to be oredible. F. GRIEVABLE MATTERS Inmates/residents may grieve the following matters through the grievance process; 1. Violation of state and federal laws, regulations, or court decisions, to InclUde but not limited to violations of the Americans with Disabilities Act, constitutional rights, etc. 2. Application of rules, policies, and/or procedures towards inmates/residents over which eCA has control; 3. Individual staff and inmate/resident actions, including any denial of access to the Informal resolution or grievance processes: 4. Reprisals against inmates/residents for utlllzlng the informal resolution or grievance processesj and 5. Any other matter relating to the conditions of care and superVision withIn the authority of eeA. AT THIS FACILITY, ADDITIONAL GRJEVABL.E MATTERS IS: CONTRACTUAl. INFORMATION REGARDING I NONE G. NON-GRIEVABLE MATTERS The following matters are D.Qj; grievable by Inmates/residents through these grievance procedures; 1. State and Federal oourt decisions: 2. State and Federal laws and regulations: 3. FInal decisions on grievances; 4. Contracting agency (BOP, ICE, state department of corrections, etc.) policies, procedures, decisions. or matters (I.e., institutional transfers, parole and probation decIsions, etc.): , NOTE: Contracting agency policies, procedures, decisions, or matters shalf be grieved In accordance With the regulations of the applicable contracting agenoy. 5. Disciplinary actions (all dlsolpllnary aotion must be addressed in accordance with disciplinary procedures In place at the facility); Proprietary Information - Not For bletrlbloltlon - Copyrighted L L0/800 lEI Propeny gf Corrections Corporation of America .:l1:J-\1':J:J L08888860C:: X\1' .:l 8 L : c:: L 800G/8 L/80 _ _ _ _p..;;a.ge;...4.;..o_f_12~ [ Jl...- M_A;;;,,;R~CH 14_,,; ;,;20;;. ; ;0.... 7 __ J --:.;;14~.S::...... 6. Property Issues (all property Issues must be addressed In acoordance with property procedures In place at the facility); and 7. Classification status (all classlfloatlon status must be addressed in accordance with classification procedures In place at the facility), A.T THIS FACILITY, A.DDITIONAL CONTRACTUAL INFORMATION REGARDING NON· GRIEVABL.E MATTERS IS: [llilliS H. EXCESSiVE FILING OF GRIEVANCES If it is determined by the Warden/Administrator that an Inmate/resident Is deliberately abusing the grievance system through excessive filing of grievances and/or repeated refusal to follow procedures, the Warden/Administrator may suspend the filing 01 additional grievances until all pending grievances have been resolved. The Warden/Administrator will provide the inmate/resident With written documentation 01 the sU6penslon, AT THIS FACIL.ITY, ADDITIONAL CONTRACTUAL. EXCESSIVE FILING OF GRIEVANCES ARE: l. PROCEDURES REGARDING GRIEVANCE EXTENSIONS In certain instances it may be necessary to extend response deadlines to allow for a more complete InvestIgation of the clalm(s). Justification for the extension must be provided to the Inmate/resident on the 14-5C Grievance Extension Notice. The time extension will be determined by the Warden/Administrator and will not exceed fifteen (15) calendar days, J. GRIEVANCE OFFICER The Warden/Administrator will designate an indlvldual(s) as Grievance Officer(s) who will coordinate the grlevanoe process to Inolude: 1. Reviewing all formal grievances received to ensure all necessary information Is included; NOTE: Grievances that are prematurely appealed to the Warden/Administrator or designee will be returned without review. 2. Ensuring Informal resolution has been attempted (exoludlng emergency grievances); 3. Assigning a number to all formal grievances: 4. Logging all grievances received; 5. Forwarding formal grievances to the appropriate department head for response: 6, Coordinating the timely Investigation and response of formal grievancesj 7, !:nsuring that, when a grlevanoe decision specifies that an action Is to be taken, a date is included for completing the action; 8. Ensuring the Inmate/resident receives a oopy of the completed grievance and ensuring that the Inmate/resident's signature is acquIred at the time a response Is prOVided; 9, Ensuring all remedies/required actions are fulfilled by the imposed deadline; and Proprietary Informll.tlDn - Not For DistrIbutIon - Copyrlst1ted Ll0/800~ Property of Cc:mec:tlon~ CorporatIon of America l088888;:::0;::: XII::l 8l:;::: l 8002:/8l/80 _ _ _...:.p";;;;~&ie;...;5_0_f..;,;12;;:.-. MA~R_CH ...... 14_,,;;,;20_0.;..7_-_[ ';...:4..;;,,5 _ Maintaining all grievanoe reoords and documents as outlined in 14-5.4,R. 10, AT THIS FACIL.I1Y, THE POSITION DESIGNATED AS THE GRIEVANCE OFFICER IS: [ GRIEVANCE COORDINATOR K, J INFORMAL RE:SOLUTIONS With the exceptIon of emergenoy grievances, Inmates/residents are requIred to utilize the Informal resolution process concerning questions, disputes, or complaints prior to the submission of a formal grIevance, If an inmate/resident is not satisfied with the results of the Informal resolution process, the Inmate/resident may file a formal grievance. FIling 1. a, The 14-5A Informal Resolution form must be utilized to initiate the informal resolutIon process, b. All 14-5A's related to medical care and treatment must be submitted to qualified health services staff through faoility mail. o. WIth the exception of grleVanCf35 related to medical care and treatment, Inmates/residents are requIred to submIt 14-5A's through facility mall, or in person, to the appropriate unit staff. In the absence of unit management, the Warden/Administrator will designate a staff member to receive Informal resolution forms. AT THIS FACIL.ITY SUBMITTED TO: ITHE INFORMAL RESOLUTION FORMS Will BE ~ GRIEVANCE COORDINATOR NOTE: Only qualified health services staff are authorized to provide responses to any questions, disputes, or complaints regarding medIcal care and treatment. 2. Resolution The staff member assigned to complete the Informal resolution process will be responsIble for: S. a. ConductJng an InItIal meeting with the inmate/resident to discuss the issue; b. Meeting with all staff members involved with the Issue; c. Researching necessary Information to determIne If a remedy Is possible: d. Developing a response to present to the inmate/resident in an attempt to resolve the issue informally; e. E:nsurlng the Inmate/resident reoelves a copy of the oompleted 14-6A at the time the response is provided; and f. ensuring any remedies agreed L1pon are completed. TIme Guidelines The total time for the informal resolution process will be no more than fifteen (15) calendar days from the date the 14-5A was submitted through the date the response was presented to the inmate/resident, unless unusual circumstances are present. In Proprietary Information - Not LlO/OLO~ For DISltrlbutlon - Copyrighted properly of Correction. Corpo;atlon of America .:!l:J-\l:J:J L0888882:02: X\I.:! 8 L : 2: L 800(;/8 L 180 Page 8 of 12 14·5 MARCH 14, 2007 the event unusual circumstances (e,g. inability to contact a critical staff member for the Investigation process, faoility on lock down status,stc,) prohibit the ability to meet time guIdelines, the assigned staff member will provide the inmate/resident with written documentatlan extending the response deadline. 4. a, The Inmate/resident must submit the 14·5A within seven (7) calendar days of the alleged Inoldent. b, The tfme for filing begins from the date the problem or Incident became known to the inmate/resident. c. In the event the inmate/resident is not satisfied with the response, the inmate/resident will have five (5) calendar days to submit a formal grievance to the Grievanoe Officer. In the event the inmate/resident pursues a formal grieva.nce, the Inmate/resident will be required to attach a oopY of the 14·5A to the formal grievance form. Documentation The original 14·5A will be maintained by the facility with a copy presented to the inmate/resident at the time the reeponse was presented. AT THIS FACILITY. ORIGINAL 14·5A FORMS WILL BE MAINTAINED IN THe FOLL-OWING LOCATION{S): I L. GRIEVANCE OFFICE EMERGENCY GRIEVANCES If the subject matter of the grievance Is such that compliance with the regular time guidelines would sUbject the inmate/resident to risk of personal injury, the Inmate/resident may request that the grievance be considered an emergency grievance. The emergency grievance must detail the basis for requiring an immediate response, When the grievance Is of an emergency nature, utIlization of the informal resolution process Is not required. ,. Filing e. The 14·66 Inmate/Resident Grievance form must be utilized to file an emergenoy grievance. The Inmate/resident will complete Page 1 of the 14-5B and place it in a sealed envelope marked "Emergency Grievance". Sealed envelopes may be placed In the grievance mail box, If a grievance mall box Is not used, the emergency grievanoe will be forwarded to the Grievanee Officer. AT THIS FAOILITY. THE PROCEDURE FOR GRIEVANCE TO THE GRIEVANCE OFFICER IS: FORWARDING THE GBIEVANCES WILL BE PL.ACEO IN THe GRIEVANCE BOX LOCATED ON EACH HOUSING UNIT b. The Grievance Officer will check the gr/evanoe mall boxes dally, excluding weekends and holidays. If a grievance mallbox Is not used, grrevanoes are to be forwarded dally, excluding weekends and holidays, to the Gr/evanoe Officer In accordance with the procedures listed above. c. In the event it is necessary to file the emergency grievance on weekends or holidays, the sealed envelope will be given to the Shift Supervisor. The Shift Proprietary Information - Not For DIstrIbution - Capyrlghtld LLOILLoltI Property of Corr.otlon$ Corporation of America .:118-\188 L0888882:02: X\I.:I 8 L : 2: L 800616 L180 _ _ _....:P...::;a;,ase-...,;.7.;;;of~1;.::2 J~ __.;.:.M:.:.;A:.;";R~CH:.;;,,,,;.14.., '.;",.;4... -5 ,;;,;20;;,;0;,;.7 -' Supervisor will ensure the Administrative Duty Officer is notified upon receipt of the emergency grievance. 2. 3. Resolution a. Emergency grievances received through the grievance mail box or alternative means, as Identified above, will be reviewed by the Grievance Officer to determine if the grlevanoe Is of an emergency nature, If the grievance Is determined to be of an emergency nature, the Grievance Officer will assign a number to the emergency grievance, document the grievance on the 14-5D Facility Grievance I-og or via the current approved FSC/CCA electronic database, and immediately forward to an individual authorized to serve as Administrative Duty Officer below the rank of Warden/AdmInistrator for a response. b. Emergency grievances received on weekends and holidays will be reviewed by an Individual authorized to serve as Administrative Duty Officer below the rank of Warden/Administrator to determine If the grlevanoe i6 of an emergency nature and will respond accordingly. c. The response must be documented on Page 2 of the 14-58 and submitted to the inmate/resident for signature at the time of presenting the response In person, The inmate!resldent will receive a complete copy of the emergency grievanoe and any corresponding attachments at the time of presenting the response, Time Guidelines An tndlvldual authorized to serve as Administrative Duty OffIcer (below the rank 01 Warden/Administrator) shall take action to resolve the grievance Within one (1) calendar day of receipt of the grievance and provide a written response to the inmate/resident. 4, Documentation The Individual authorized to respond to the emergency grievance wIll ensure that the Grievance Officer receives a copy of the emergency grievance and corresponding attachments to ensure that the emergency grievance is appropriately logged and flied. M. FORMAL GRIEVANCES 1. Filing a. The Inmate/resident must file the grievanoe within five (6) calendar days of the response date listed on the 14-5A Informal Resolution form. b. The 14-58 Inmate/Resident Grievance form must be utilized to file a formal grievance. The Inmatelresldent will complete Page 1 of the 14-58 and plaoe It in a sealed envelope marked "Grievance", Sealed envelopes may be placed in the grievance mail box. If a grievanoemail box is not used, the formel grievance will be forwarded to the Grlevanoe Officer, AT THIS FACILITY, THE PROCEDURE FOR GRIEVANCE TO THE GRIEVANCE OFFICER IS: FORWARDING THE GRIEVANCES WILL BE PLACED IN THE GRIEVANCE BOX LOCATED ON EACH HOUSING UNIT Proprl.tary Information - Not For Distribution - Copyrighted LLO!2:LOIeJ Property of Correction III Corporation of America .:l18-\l88 L0888882:02: X\I.:l 8 L : 2: L 800G!8 L/80 c. 2, 3. 4, 14·5 MARCH 14, 2007 Page 8 of 12 The Grievance Officer will check the grievance mall boxes daily, excluding weekendS and holidays. If a grlevancemallboxisnotused.grlevances are to be forwarded daily, excluding weekends and holidays, to the Grievance Officer in accordance with the procedures listed above, Resolution a. Formal grievances received through the grievance mall box or alternative means as identified above will be reviewed by the Grievance Officer to ensure the formal grievance is correctly submitted and required documentation attached. b. The GrIevance OffIcer will assign a number to the formal grievance, document the grleva.noe on the 14-6D Facility Grievance Log or via the current approved FSC/CCA eleotronlc database and forward the formal grievance to the appropriate staff member for a response. c. Formal grievance resolution should be determined by the appropriate department head In relation to the formal grievance unless the grievance pertain to the department head. In which case a different department head will be desIgnated. For example, grievances related to medical care and treatment would be forwarded to the Health Services Administrator, grievances related to education would be forwarded to the principal, grievances related to olassification would be forwarded to unit staff, etc. d. Each formal grievanoa will be responded to by Including a written explanatIon for approval/disapproval. The response must be documented on Page 2 of the 14·5B and given to the inmate/resident, In person, for signature. Responses may be given to the Inmate/resident, in person, by the responder or the Grievance Officer. The Inmate/resident will receive a complete copy of the formal grIevance and any corresponding attachments at the time of presentIng the response. Time Guidelines a. Unless a time extension has been granted, the inmate/resident will receive a response to the formal grievance within fifteen (15) calendar days of submissIon. b. The total tIme for the formal grievance process will be no more than fifty (50) days from filing to a final appeal decision, unless unusual circumstances are present. Documentation The designated department head responding to the formal grIevance will ensure that the Grievance Officer receives a copy of the formal grievance response and corresponding attachments to ensure that the formal grievance is appropriately logged and flied, s. AT THIS FACILITY, ADDITIONAL CONTRACTUAL PROCEDURES ARE: INONe N. GRIEVANCES AGAINST CONTRACTING AGENCY Proprietary Information - Not For OiatrlbLrtion - Copyrighted LLO/8LO~ Property of Corrections Corporation of America .:U:J-\l:J:J L088888~O~ X\l~ 8L:~L 800~/8L/80 L__.:.:M:=A~A~c:.:H~1~4't.::2:.::.o.::.:07~_ _ :..;pa"",g,..e_9_o;.;.f~12;;... _ _..... (I.-: 1:.;;;:4;.;:-5=-- .L....- AT THIS FACILITY. PROCEDURES FOR FILING CONTRACTING AGeNCY ARE AS FOL.LOWS: A GRIEVANCE _ AGAINST THE ALL GRIEVANCES AGAINST THE CONTRACTING AGENOY WILL BE FORWARDED TO THe CONTBACT MONITOR OR THE CONTRACTING AGENCY, O. REMEDIES The Informal resolution process and formal grIevance process shall afford the Inmatelresldent the opportunity for meaningful remedy. Remedies shall cover a broad range of reasonable and effective resolutions. Remedies may include the follOWing: P. 1. Change of procedures or practices appropriately related to the complaint or oondltlons; 2. Correction of records; or 3. Other remedies, as appropriate. APPEAL PROCESS " Filing If an inmate/resident is not satisfied with the decision 01 a formal or emergency grievance, the Inmate/resIdent may complete the appeal section of the 14-58 and resubmIt the grievance, Inmates/resIdents ara entitled to appeal all adverse decisions, even those made on a purely procedural basis including but not lImited to the expiration of a time limIt. The Inmate/resident must file the appeal within five (5) calendar days of the response date listed on the 14·58 Inmate/Resident Grievance form. 2. 3, Resolution a, The Grievance Officer will forward all grievance Warden/Administrator for review and a final response. b. Each appeal will be responded to by inoludlng a written explanation for approval/disapproval. The response must be documented on Page 2 of the 145B and given to the Inmate/resident, in person, for signature. Responses may be given to the Inmate/resident, in pereon, by the Warden/Administrator or the GrIevance Officer, The inmate/resident will receive a complete copy of the appeal response and any correspondIng attachments at the tIme of presenting the response. c, The Warden/Administrator's decision Is final unless otherwise specified in the faolllty management contract. appeals to the Time Guidelines BarrIng extraordinary circumstances, a grievance will be considered settled If the decIsion at any step is not appealed by the Inmate/resIdent Within the given time limit. a. Emergenoy Grlevanoes The inmate/resIdent will receIve calendar days of submission. b. a response to the appeal within seven (7) Formal Grievanoes The inmate/resident will receive a response to the appeal within fifteen (15) calendar days of submission. proprietary Information - Net For OletrlbuUon - Copyrighted LLO/t'LO® Property 01 Correctlonfl CQrportltlon of America .:U:J-If:J:J L0888682:02: XIf::l 6 L : 2: L 8002:/6 L/80 4, 14·5 MARCH 14, 2007 Page 10 Of 12 Dooumentation If the response is presented to the Inmate/resident by the Warden/Administrator, the Warden/Administrator will ensure that the Grievance Officer receives a copy of the appeal response and corre6pondlng attaohments to ensure the appeal is appropriately logged and maintained on file. 5. AT THIS FACILITY, ADDITIONAL CONTRACTUAL APPEAL PROCECURES ARE AS FOllOWS: If THE INMATE IS tiC! SATISFIED WITIj THE WARDEN'S REsPgNSE, THE INMATE MAY APfiAl TO THE CONTRACT MONITOR WITHIN Flye (5) CAYS OF RECEIPT OF THE WARDEN'S DECISI9N. IF THE INMATE IS NOT SATI§EIED WITH THE CON.TRACT MONITOR'S REAPONSlil THE INMATE MAY APeEAL TO THE DIRECTOB OF THE DC PEPARTMENT OF CORRECTIONS W1TI:'IN FIVE (5) DAYS OF RECEIP! QF THE CONTRACT MONITOR'S PECISION. Abl APPEALS MUST HAVE THE ORIGINal GRIEVANCE AND RESPONSE ATTACHED.Ya:IEN FILED. Q, TRANSFERS/RELEASES If a grievance Is submItted for review and the inmate/resident is transferred or released from custody, efforts to resolve the grievanoe will normally continue. It Is the Inmate/resIdent's responsibility to notify the Grievance Offioer of the pendIng transfer or release and to provide a forwarding address and any other pertinent Information, R. ReCORDS 1. All grievanoes will be systema1ically maintained by the Grievance Officer. All grievanoes (formal and emergency) and corresponding attachments will Indicate the assigned grievance number and be date stamped upon reoeipt. 2. The Grievance Officer will maintain a log of all grIevances reoeived utilizing the 14·5D Facility GrIevance log or Via the current approved FSC/CCA electronic database, The log shall inclUde the following Information: a. Grievance number; b. Date received; c, Inmate/resident name: d. Inmatelresident number; a. Jnformal f. Grievance category; g. Dispositlon date: h. DisposItion code; i. Date appeal received, If applicable; j Appeal disposition date; k. Appeal disposItion code, If applicable, attempt; if applfcable: and Property of Cor...ctlon$ CorporatIon 01 America Proprl8tary Information - Not For Distribution - Copyrlgl1ted LLO/!tlO~ .:WJ-V88 l088888000 XV.:! 8l: 0l BOOU8l/80 J ...lI_:_ _.:.::M;.:;;A~R:.;:c.:.;H~1;,;,,14,_=2:=.;oo:.:.7_ _....... _ _ _..:.P.=,SSli2.:e=-1:..:.1..:o:.:,.f.:.:12=--_ _ 3. ...;..14;..;-5;....._-_ _ All grievance documentation will be maintained in accordance with CCA Policy 1·1 S, Retention of Records. 4. Copies of grievances shall not be placed in an Inmate/resident's file, unless it Is a oontractual requirement to do so, AT THIS FACILITY, CONTRACTUAL REQUIREMENTS REGARDING LOCATiON OF GRIEVANCE COPIES ARE: A COpy OF THE G8JWVANCE .bOG WILL BE FORWARDED TO THE CONTRACT MONITOR I!Y THE 5 OF EACH MONTH. S, 6, Records regarding the participation of an Individual in the informal resolution prooess or grievance prooedure will not be available to other Inmates/residents, 6. With the exception of employees 1nvolved in the grievance process or clerical processing, records regarding the participation of an Individual In the Informal resolution process or grievance procedures will not be available for review. 7. Employees partioipatlng In the disposition of an informal resolution process or grievance procedure shall have access to the essential records necessary to respond appropriately, REPORTING The 14-5E Grievance Report will be completed by the fifteenth day of each month and forwarded to the FSC Quality Assurance Department, unless a current approved FSC/CCA electronic database has been established. T. AT THIS FACILllY, ADDITIONAL CONTRACTUAL PROCEDURES ARE: I~ ~ 14-5.5 REVIEW: This policy will be reviewed by the Chief Corrections Officer or designee on an annual basis. 14-5.6 APPLICABIL.ITY: All OOA Facilities (Provided contractual requirements do not mandate otherwise) 14-5.7 APPENDICES: None 14-5.8 A'IIACHMENTS: 14·5A Informal Resolution 14-58 Inmate/Resident Grievance 14-5C Grievance Extension Notioe 14-50 Facility Grlevanoe 14-SE Quarterly Grievance Report ~og AT THIS FACILllY, ADDITIONAL FORM REQUIREMENTS AFtE: Proprietary Information - Not For DIstributIon - LLO/9LOI2J Copyr1ahted Property 01 Corrections Corporation of AmerIca L0888892:0G X\I:J 8 L : GL 800G!8 L/80 C----"'P!"""a-ge-1':'""::2-0'":-f1~2---J~ _ _.:.::.MA~R:.:.:::C:::.:.H;..;1_4!1.::2:.;.;OO;,;,7 ~1~4.•.:S [llilliE 1 ,I 14-5.9 REFERENCES: eCA Polley 1-15 eCA Policy 4·2 eCA Policy 15-1 eCA Policy 15-2 eCA Policy 14-6 eCA Policy 18-1 ACA Standards: 4-4284/4-ALDF-3E-11 fS-JTS-3D-09 4-4394 4-4446/4·ALDF-5B-18 4-4492/4-ALDF-5B-09f3·JTS-5H-04 Proprietary Information - Not For Distribution - Copyrighted HOILLOIEi Property of CorrectlQn, CorporatIon of America .:11::1-\>'::1::1 L0888882:02: X\>'.:I 8 L : 2: L 800618 L/80 14-5A INFORMAL RESOLUTION Date; ......._~- Name (Print):' -Last Name -;-;~~:_;_Middle Initial -:::-':"":"":"'_-First Name HOUSING ASSIGNMENT:_- Number: _ Description of issue, problem, and solution you suggest: Attaoh additional pagos, If necessary. , Date received from inmate/resident, _ Name of staff member completing informal resolution process:. Date response due to inlTl,ate/resldent, Date a~d time initial mee~i~g , , _ _ held with the Inmate/resjdent:,~~_ _~_....... _ Additional information received from initial meeting: -'------------l [~--~--- Names of staff members involved with the inmate/resident's issue: ,-~--,----'----:- :=-;.~: Distribution: Original: Facility Copy: Inmate/Resident 03/07 800/2:00 IfI .::Il:J-l;/:J:J L08888S2:02: Xl;/.::I 92::8L 8002:/PL/SO - ... 14-5A Dates Bnd times of contact Wlt'h staff members concerning the Inmate/resident's iss~e: Additional InformatIon received from meetings with stElff member8~ TentatIve completion date If remedy suggested: _ , By sIgning below, the inmate/resIdent verifies agreement with the remedy suggested above. If the inmate/resident is not satisfied With the remedy suggested above, the inmate/resident Is not requIred to sign below and may choose to file a formal grievance with the Facility Grievance Officer. In either case, the inmate/resident will receive &'Oepy of this form on the day the final resolution process is completed. Inmate Signature: Designated Staff Signature: "Witness Signature: ~ _ Date: _ Date: _ Date: _ *In the event the Inmate/resident refuses to sign this form, a Witness signature must be obtained to verify that the Inmate/resident was offered the opportunity for informal resolutIon. Informal Resolytion Outcome: o RESOLVED o UNRESOLVED Distribution: OrIginal: Facility Copy: Inmate/Resident 03/07 800/800 ~ .::!l:J-II:J:J l088888GOG XII.::! ~G:8l 800G/Pl/80 .. Grievance No . I I INMATE/RESIDENT' GRIEVANCE FULL NAME: I HOUSING ASSIGNMENT: NUMBER: INFORMAL RESOLUTION ATTACHED LNot reQuired for an emeraencv tlrlevancel? GRIEVANCE CATEGORY (CIRCLE ONE): 6, sanitation 8. Dentel Services 9. Mental Health Sel"\llces 10. Trust Account 11. Commlssarv 12, Food Service 13, Mail 7, Medical Services 14. Intake 1. FBcilitv Steff Access to Leoal Materials 2. 3, Denied AcceSs to Informal Resolutlon/Cirievance 4, Recrlsal for u5ina Informal Resolution/Grievance 5. SafelY/Security I STATE GRIEVANCE~ (Include dDcumentation, wltnlluea, sd.dltlonal DageS If nlcIISIlry). I 0 YES o NO 16. HOU$lna 16. Laundrv 17. Recreation 1B, Visitation 19, Proorems·aducatlon work rellgloue, etc. 20. Violations of federal or etate regulBtlons, laws, court decisions li.e. ADA or Conetitutional rlcht6) 21. other date of Incident, any other Information perUllnlng to the grlevarlce lubJect. Attach I I Requested Action: (Attach additionsl pages If hecessary) '-"- nma t e IResldent's SI g nature" Date Submitted' I RESPONDING STAFF MEMBER'S REPORT; (Attach additional pages If neoe6Gsry. All pages must Include the grievance number.) RESPONDING STAFF MEMBER'S DECISION: (Attach additional pages If neGB$Bl'lry, All pag~s must include the grl"van~ number.) Reapondlng Steff Member's Printed Name:, ~ TltI8:; I _ Responding Staff Member'. Slgnlture: Date: _ Inmate/Resident's Signature (upon receipt): Date: _ IN MATE/RESIDENT Ap·PEAL (Maal1 additional ~a9811 It neCI.IIlIary. All pegss mUllt Inclucle the a~levance number.) I WARDEN/ADMINISTRATOR'S DECISiON; (AtlBCh addltional.pages If l"I",cetlZary. All piilges must InclUde the grievance rJumbllr,) I Warden/Admlnllltrlltor'a Slgnaturel Date: _ Inm.tl/RIsldent's SIgnature (upon receIpt) D.te: _ Page 1 LL 012:00 ~ 03/07 L0888682:02: X\;I.::I LL: 2:L 800G/6L/80