N.Y. Comp. Codes R. & Regs. tit. 7 § 701.7

Current through Register Vol. 46, No. 45, November 2, 2024

Section 701.7 - Procedures for inmates in special housing units (shu's)

The IGP supervisor shall monitor and ensure the proper functioning of the grievance procedure in SHU's. The following minimal standards shall be instituted to provide SHU inmates with access to the IGP:

(a) Forms and envelopes.

(1) A supply of inmate grievance complaint forms (form #2131) will be maintained in all special housing areas and will be given to inmates requesting them. The area supervisor is responsible for ensuring that a supply of these forms is available at all times. Additional forms, when needed, will be obtained from the IGP supervisor's office.

(2) Envelopes will be given to inmates for use in forwarding their completed grievance forms to the IGP office. The sealed envelopes will assure the confidentiality of the inmate's complaint while enroute to the IGP office.

(3) Area supervisors will ensure that the completed grievance forms are placed in sealed envelopes, collected and forwarded to the IGP office.

(b) IGP deposit boxes. Where available, SHU inmates shall use centrally located IGP deposit boxes to send grievance forms and IGP correspondence to the IGP office. These boxes shall be kept locked at all times. The IGP supervisor and staff representatives (IGRC sergeant/ officer) will have the only keys to these boxes and will collect their contents at least two times per week. Broken boxes or locks will be reported to the IGP supervisor immediately, and he or she will arrange for their repair or replacement. In the interim, grievance forms shall be submitted as stated in paragraph (a)(3) of this section.

(c) Rounds, access to IGP members and advisors.

(1) An IGRC staff member (sergeant, officer) or grievance supervisor shall make rounds of all special housing areas at a reasonable time at least once a week to allow inmates direct access to the program. These rounds will give inmates who are having communication problems or difficulty writing their complaints an opportunity to request and receive assistance. Staff noting problems or requests for assistance shall report them to the IGP supervisor. The IGP supervisor will work with the deputy superintendent(s) of programs and/or security to obtain necessary assistance.

(2) The superintendent, at his/her discretion, may grant direct access to the full IGRC, or to either an inmate member or a staff member of the IGP office for those inmates in certain special housing areas such as reception or transient units.

(3) Since there is a security interest in restricting confined inmates access to other inmates, the superintendent may prohibit any inmate in SHU from using another inmate as an advisor or from serving as an advisor to another inmate. Staff members from the IGRC or from the facility at large can serve this function. A staff member must be willing to accept this function.

(d) Attendance at hearings. A grievant confined to SHU who will be released within 30 calendar days shall be given the option of having the hearing held in his/her absence or postponed until release from confinement. The grievant's decision shall be obtained in writing. If a grievant is not scheduled for release from confinement within 30 calendar days, the hearing shall be held in his/her absence.

(e) Time limits. The time limits for processing of grievances as delineated in section 701.6(g) of this Part, also apply to grievances submitted from special housing units.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 701.7