§ 9-136 Grievance process.
AC § 9-136
a. Definitions. For the purposes of this section, the following terms have the following meanings: Appeal. The term "appeal" means the action taken when an incarcerated individual's grievance is escalated to a higher level within the grievance process to review decisions regarding resolutions of grievances by incarcerated individuals. Grievable complaint. The term "grievable complaint" means a complaint handled by the office of constituent and grievance services. The term includes but is not limited to a complaint regarding classification, clothing, commissary, correspondence, employment, environmental, food, inmate account, housing, length of sentence, laundry, law library, medical, mental health, personal hygiene, phone, programs, property, recreation, religion, rules and regulations, school, search, social service, transportation, and visits. Non-grievable complaint. The term "non-grievable complaint" means any complaint which is not handled by the office of constituent and grievance services, including but not limited to a complaint regarding an allegation of assault, sexual assault/abuse, and verbal misconduct from a staff member; an allegation of assault, sexual assault/abuse, and non-sexual harassment from another incarcerated individual; individual security status; medical and mental health staff; request for accommodation due to a disability or claim of discrimination based on disability or perceived disability; request for protective custody; freedom of information laws, housing, and the grievance process. Office of constituent and grievance services. The "office of constituent and grievance services" means the unit within the department that facilitates a formal process established by the department that provides incarcerated individuals with the opportunity to resolve grievable complaints regarding their confinement. b. Forty-five days after the quarter beginning January 1, 2016, and no later than the forty-fifth day after the end of each subsequent quarter, the commissioner shall post on the department website a report containing the following information for the preceding quarter, in addition to all information in paragraphs 1 through 5 of section d in the aggregate 1. The number of grievable and non-grievable complaints submitted in all departmental facilities, in total and disaggregated by the facility and housing area type in which such grievance was submitted.
2.The number of grievable and non-grievable complaints submitted in all departmental facilities, disaggregated by grievance category, by the facility and housing area type in which such grievance was submitted, and by the method by which such grievance was submitted.
3.The number of grievable complaints, the stages of the grievance process, the stage in the grievance process at which they were resolved, and the categories for which any grievances were dismissed.
4.For non-grievable complaints, where such complaints were referred; 5. The number of incarcerated individuals that submitted grievances. c. [Reserved.] d. The department shall utilize an electronic tracking system to record all grievable and non-grievable complaints handled by the office of constituent and grievance services and shall provide the board of correction access to such system. Such system shall track the following: 1. Whether a complaint is subject to the process established by the office of constituent and grievance services, and if not, if and where the incarcerated individual was directed; 2. Whether the incarcerated individual pursued an appeal; 3. How and when the complaint was resolved, and at what stage the complaint was resolved; 4. Whether the complaint was made by the affected incarcerated person, an attorney or other advocate, a public official, or another third party; 5. The housing facility and housing area type where the complaint was made; e. Complaints and requests made by or on behalf of an incarcerated individual to 311 and forwarded to the department shall be addressed by the office of constituent and grievance services. f. The department shall ensure equal access to the office of constituent and grievance services, including the following procedures: 1. Evaluating the need for grievance boxes and strategically placing a number of boxes in locations where individuals in department custody frequently congregate, and at least one box in each facility.
