33-103.006: Formal Grievance - Institution or Facility Level
PURPOSE AND EFFECT: : The purpose and effect of the proposed rule is to amend Chapter 33-103, F.A.C., for clarity and to simplify the grievance process for inmates and Department employees. Rule 33-103.006, F.A.C., is amended to reflect the changes made to Rule 33-103.002, F.A.C., and the requirement that formal grievances be submitted in triplicate has been removed.
SUBJECT AREA TO BE ADDRESSED: Inmate grievances.
SPECIFIC AUTHORITY: 944.09 FS.
LAW IMPLEMENTED: 944.09 FS., 45 C.F.R. Part 160, 164
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Jamie Leigh Jordan, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
33-103.006 Formal Grievance – Institution or Facility Level.
(1) When an inmate decides to file a formal grievance, he shall do so by completing Form DC1-303, Request for Administrative Remedy or Appeal and filing within the time limits set forth in Rule 33-103.011. F.A.C.
(a) In institutions and private correctional facilities, inmates shall direct this form to the warden or warden or assistant warden or deputy warden as defined in paragraph
s 33-103.002(15) (a),(b) and (c), F.A.C.
(b) No change.
(2) Procedural Requirements.
(a) through (c) No change.
(d) Attachments that are a continuation of Part A, the grievance statement, shall be submitted in triplicate. If the inmate fails to submit the continuation of his grievance statement of complaint in triplicate, it may result in no copy of the continuation pages being returned to the inmate with the response.
(e) through (g) renumbered (d) through (f) No change.
(h) The inmate shall attach a copy of the informal grievance and the response to the informal grievance to his DC1-303 form, unless the grievance is a direct formal grievance of the following: , is an emergency grievance; , a grievance of reprisal; , a grievance of a sensitive nature; , a medical grievance; , a grievance alleging violation of the Americans with Disabilities Act; , a grievance involving gain time governed by Rule 33-601.101, F.A.C., Incentive Gain Time; , a grievance challenging placement in close management and subsequent reviews; , a grievance regarding the return of incoming mail governed by subsection 33-210.101(14), F.A.C.; , or a grievance of disciplinary action (excluding corrective consultations). Any other pertinent documentation shall be attached also. Informal grievances as described in subparagraph 33-103.005(2)(b)1., F.A.C., shall not be accepted as documentation of having met the requirements of the informal grievance step.
(i) The inmate shall then submit the grievance or appeal to designated staff by personally placing the grievance or appeal in a locked grievance box. Locked boxes shall be available to inmates in open population and special housing units. A staff person from classification, the grievance coordinator’s office, or the assistant warden’s office shall be responsible for the key. If the staff member collecting the grievances is from classification or the assistant warden’s office, he or she shall retrieve the grievances and appeals and deliver them to the institutional grievance coordinator. The institutional grievance coordinator shall log all formal grievances and provide the inmates with receipts. The appeals will be forwarded to the Bureau of Inmate Grievance Appeals after being processed for mailing in accordance with paragraphs 33-103.006(8)(b) and (c), F.A.C. The Bureau of Inmate Grievance Appeals shall log all appeals and forward receipts to the inmates. Grievances and appeals shall be picked up and forwarded by the institutions daily Monday through Friday.
(j) No change.
(3) The following types of grievances may be filed directly with the reviewing authority as defined in paragraph
s 33-103.002(15)(b) (a) through (d), F.A.C., by-passing the informal grievance step, and may be sent in a sealed envelope through routine institutional mail channels:
(a) Emergency Grievance – Upon receipt, the reviewing authority as defined in paragraph
s 33-103.002(15)(b) (a) through (d), F.A.C., shall take the following action as soon as possible, but no later than two calendar days following receipt:
1. through 4. No change.
(b) through (i) No change.
(4) No change.
(5) Upon receipt of the formal grievance, the recipient [reviewing authority as defined in paragraph
s 33-103.002(15)(b) (a) through (d), F.A.C.] shall cause the following to occur:
(a) through (d) No change.
(6) Following investigation and evaluation by the reviewing authority as defined in paragraph
s 33-103.002(15)(b) (a) through (d), F.A.C., a response shall be provided to the inmate within 20 calendar days of receipt of the grievance as required by paragraph 33-103.011(3)(b), F.A.C. The degree of investigation is determined by the complexity of the issue and the content of the grievance. The response shall state whether the grievance is approved, denied, or being returned and shall also state the reasons for the approval, denial or return.
(a) through (b) No change.
(c) The reviewing authority as defined in paragraph
s 33-103.002(15)(b) (a) through (d), F.A.C., shall retain a complete copy of the grievance on file.
(d) No change.
(7) No change.
(8) Mailing Procedures. The warden or person designated in paragraph
s 33-103.002(15)(b) (a) through (d), F.A.C., shall establish a procedure in the institution or facility under his supervision for processing those grievances which require mailing. Inmates who are filing grievances that require mailing shall be required to utilize the procedure set forth in this rule when processing their grievances or appeals to the reviewing authority of community facilities or the Bureau of Inmate Grievance Appeals in the central office. The institution or facility shall provide postage for grievances submitted through this process. Procedures implemented shall include, at a minimum, the following:
(a) through (e) No change.
(f) Upon receipt of a
the mailed grievance by the reviewing authority as defined in paragraph 33-103.002(15)(d), F.A.C., or the Bureau of Inmate Grievance Appeals, the following shall occur:
1. The decision of whether or not the grievance has been timely filed by the inmate shall be made based upon the following comparisons:
a. No change.
b. In the case of an appeal being filed with central office, by comparing the receipt date on the DC1-303 form to the response date of the formal grievance.
c. In the case of a grievance being filed directly at the institutional or central office level, by comparing the receipt date on the DC1-303 form to the date of the incident or situation giving rise to the complaint.
2. through 3. No change.
(9) through (10) No change.
Specific Authority 944.09 FS. Law Implemented 944.09 FS. History– New 10-12-89, Amended 1-15-92, 12-22-92, 4-10-95, 8-10-97, 12-7-97, 5-10-98, 2-17-99, Formerly 33-29.006, Amended 8-1-00, 10-11-00, 2-9-05, 10-28-07,__________.