New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 7032
Executive Department
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9 NYCRR 7032.1 - Policy
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
In order to provide an effective and impartial procedure for the timely resolution of inmate complaints, the chief administrative officer of each local correctional facility shall establish, implement and maintain a formal inmate grievance program. Every effort shall be made to resolve inmate complaints in an informal manner.
9 NYCRR 7032.2 - Definitions
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Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
As used in this Part, the following definitions shall apply to the terms listed below:
(a)Grievance shall mean a written inmate complaint concerning either written or unwritten facility policies, procedures, rules, practices, programs or the action or inaction of any person within the facility. Dispositions, surcharges, and sanctions resulting from disciplinary hearings and administrative segregation housing decisions shall not be the subject of a grievance.
(b)Grievant shall mean an inmate who has filed a grievance pursuant to this Part.
9 NYCRR 7032.3 - Facility policies and procedures
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Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)The chief administrative officer of each local correctional facility shall ensure the development and implementation of written policies and procedures consistent with this Part.
(b)Such policies and procedures shall include, but are not limited to:
(1)a detailed description of grievance program operations including steps, timeliness, investigative processes and available internal and external appeal procedures;
(2)staff responsibilities for functions relative to the grievance program;
(3)procedures to ensure grievance program accessibility to inmates;
(4)steps to be taken to encourage staff to informally resolve inmate complaints;
(5)a statement regarding safeguards for inmates against reprisals for having filed a grievance;
(6)procedures for orientation to the grievance program for all facility staff;
(7)procedures for corrective action to be taken when a grievance is found to have merit; and
(8)an annual review of such policies and procedures and revision, if necessary.
9 NYCRR 7032.4 - Facility program requirements
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Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)Any inmate incarcerated in a local correctional facility shall be provided access to the facility's grievance program.
(b)Instructions for filing a grievance shall be included in the facility rules and information as required by section 7002.9(a)(15) of this Title.
(c)Each inmate at any facility shall be advised in writing as to the availability of grievance forms upon admission.
(d)Facility staff shall make forms readily available so that an inmate may file a grievance. An inmate must file a grievance within five days of the date of the act or occurrence giving rise to the grievance.
(e)The chief administrative officer of each local correctional facility shall designate a staff member(s) to act as grievance coordinator(s).
(f)The chief administrative officer or his designee shall ensure that each grievance is investigated to the fullest extent necessary by an impartial person who was not personally involved in the circumstances giving rise to the grievance; provided, however, that a grievance that is too vague to understand or fails to set forth supporting evidence or information may be returned to the inmate. Failure to supply sufficient information or evidence within two days shall be cause to deny the grievance.
(g)At a minimum, each investigation of an inmate grievance shall include gathering and assessing the following information:
(1)a description of the facts and issues underlying the circumstances of the grievance;
(2)summaries of all interviews held with the grievant and with all parties involved in the grievance;
(3)copies of pertinent documents; and
(4)any additional relevant information.
(h)Grievances regarding dispositions or sanctions from disciplinary hearings, administrative segregation housing decisions, issues that are outside the authority of the chief administrative officer to control, or complaints pertaining to an inmate other than the inmate actually filing the grievance are not grievable and may be returned to the inmate by the grievance coordinator. Such grievances may not be appealed to the chief administrative officer or the Citizens’ Policy and Complaint Review Council.
(i)Within five business days of the receipt of a grievance, the grievance coordinator shall issue a written determination. Such determination shall specify the facts and reasons underlying the coordinator's determination. A copy of such determination shall be provided to the grievant.
(j)Within two business days after receipt of the grievance coordinator's written determination, the grievant may appeal to the chief administrative officer or his designee.
(k)Within five business days after receipt of a grievance appeal, the chief administrative officer shall issue a determination on the grievance appeal and provide a copy of such determination to the grievant.
(l)If the chief administrative officer finds merit in a grievance, he/she shall direct in writing that appropriate remedies or meaningful relief be provided to the grievant and for all others similarly situated.
9 NYCRR 7032.5 - Appeal to the Commission of Correction
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)Within three business days of the receipt of the chief administrative officer's determination, any grievant may appeal any grievance denied by the facility administrator, in whole or in part, to the State Commission of Correction by indicating his/her desire to appeal on the inmate grievance form in the space provided for such purpose.
(b)Within three business days after receipt of the grievant's notice of appeal, the grievance coordinator shall mail, or electronically submit in a manner and form prescribed by the Commission of Correction, the appeal, the accompanying investigation report and all other pertinent documents to the Commission's Citizens' Policy and Complaint Review Council.
(c)The grievance coordinator shall provide the grievant with a receipt indicating the date the appeal was submitted to the Citizens' Policy and Complaint Review Council.
(d)
(1)Except as provided in paragraph (2) of this subdivision, the Citizens' Policy and Complaint Review Council shall issue a written determination to the appeal within 45 business days of receipt, copies of which shall be provided to the grievant, the chief administrative officer and the grievance coordinator. If such determination is in favor of the grievant as a matter of law, the chairperson of the Citizens' Policy and Complaint Review Council shall direct the chief administrative officer to comply with the grievance and provide an appropriate remedy.
(2)The chairperson of the council may issue written determinations to appeals of classes of grievances as determined by the council. Such determinations shall be issued within 10 business days of receipt and copies shall be provided to the grievant, the chief administrative officer, and the grievance coordinator. A copy shall also be given to the members of the council for their review. If such determination is in favor of the grievant as a matter of law, the chairperson of the Citizens’ Policy and Complaint Review Council shall direct the chief administrative officer to comply with the grievance and provide an appropriate remedy.
(e)The chief administrative officer shall submit verification of compliance with the Citizens' Policy and Complaint Review Council's determination as directed by such Council. Such verification shall be filed with the grievance.
9 NYCRR 7032.6 - Grievance program forms
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
Each facility shall utilize both an inmate grievance form and an investigation report form as provided by the Commission of Correction.
9 NYCRR 7032.7 - Continuation and termination of grievances
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Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)If a grievant is released or transferred from a facility prior to the resolution of a grievance, the chief administrative officer shall cause a determination to be made on such grievance pursuant to the requirements of this Part.
(b)If the chief administrative officer denies such grievance, he or she shall submit the grievance to the Citizens' Policy and Complaint Review Council as set forth in section 7032.5 of this Part.
9 NYCRR 7032.8 - Grievance coordinator responsibilities
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
(a)The grievance coordinator shall act as a liaison between the grievant, the chief administrative officer and the Commission of Correction in all matters that pertain to the inmate grievance program.
(b)For any grievance initially submitted electronically pursuant to section 7032.5(b) of this Part, the Citizen’s Policy and Complaint Review Council may issue its determination to the chief administrative officer and grievance coordinator, as required by section 7032.5(b) of this Part, in a similar electronic manner. In such an instance, the grievance coordinator shall print and provide a paper copy of the written determination to the grievant, if still incarcerated in the facility, within one business day.
9 NYCRR 7032.9 - Assistance to inmates
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
If a grievant is non-English speaking, illiterate or if the complexity of the issue(s) makes it unlikely that the inmate will be able to adequately present the substance of the grievance, upon the grievant's request the grievance coordinator shall ensure that the grievant is assisted in the preparation of the written grievance and at other stages of the grievance process in which assistance is needed. A grievant may seek the assistance of other inmates with the approval of the chief administrative officer.
9 NYCRR 7032.10 - Recordkeeping
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Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
Each chief administrative officer shall develop a centralized record of all grievances.
9 NYCRR 7032.11 - Staff orientation
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
All facility staff shall receive an orientation to the grievance program.
9 NYCRR 7032.12 - Applicability
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Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
The requirements of this Part shall not apply to local correctional facilities operated in cities with a population of one million or more.