N.Y. Comp. Codes R. & Regs. tit. 7 § 701.4

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

Section 701.4 - Inmate grievance resolution committee (igrc)

(a) Composition. Pursuant to section 139 of the Correction Law, a facility's IGRC must be a five-member body consisting of two voting inmates, two voting staff members, and a non-voting chairperson. The non-voting chairperson may be an inmate, staff member, or a volunteer associated with the facility's program. There shall be at least two alternate inmate representatives, two alternate staff representatives, and four non-voting chairpersons in each facility.

(1) From time to time, or prior to the establishment of a new IGRC, the superintendent shall determine whether an institution's size warrants additional alternates or non-voting chairpersons.

(2) The IGP supervisor supervises and coordinates the IGP activities of each inmate and staff representative, clerk and chairperson.

(b) IGRC inmate representatives and clerks.

(1) Minimum qualifications.

(i) An inmate must have completed high school or obtained a G.E.D. equivalency certificate to be eligible to function as an IGRC representative or clerk.

(ii) An inmate testing above the eighth grade level is eligible to participate as an IGRC representative or clerk as long as he or she is enrolled in one unpaid module of school and remains enrolled in school until a G.E.D. certificate is earned.

(2) Selection of inmate representatives. The inmate representatives and alternates shall be elected by their peers.

(i) The IGP supervisor shall submit a nomination and election procedure for his/her facility to the director, IGP, for approval.

(ii) The approved nomination and election procedure shall be conspicuously posted five working days prior to nominations being held.

(3) Filling vacancies between elections.

(i) Alternate inmate representatives (those placing third or fourth in the most recent election) will be used to fill vacancies between elections.

(ii) When there is a need for additional inmate representatives or alternate representatives to complete a term until the next regular election, the supervisor has the option of: exhausting the most recent election list in numerical sequence for representatives; having the current IGRC agree upon the appointment of a new representative who meets with the approval of the superintendent; or holding another election.

(4) Inmate representative's tenure. An inmate representative's term shall be six months. Representatives who are unseated will return to their former job assignments whenever feasible. However, leave of absence from a former job assignment may not exceed seven months. The inmate representative's position is a full-time assignment unless otherwise authorized in writing by the director, IGP.

(c) Removal of inmate representatives.

(1) Before an elected inmate representative or an inmate representative who has permanently replaced an elected representative of the IGRC may be removed from his/her position on the committee or transferred to another facility, a limited due process hearing must be held. When the inmate is served with the notice of charges, the notice must indicate that the affirmation of these charges may result in removal from the IGRC. This hearing may be a disciplinary Tier III hearing or an IGRC impeachment hearing (procedurally the same as a Tier III hearing; see Part 254 of this Title). The hearing determines whether or not the representative should be removed from his/her representative position and for how long he/she should be precluded from holding a representative position. Although other sanctions may result from a disciplinary Tier III hearing, no other sanctions may result from an IGRC impeachment hearing.

(2) If an elected inmate representative or inmate representative who has permanently replaced an elected representative of the IGRC requests a transfer out of his/her facility or reassignment to another program, the inmate must sign a resignation vacating the protection afforded the representatives prior to realizing that transfer or reassignment.

(3) In order to prevent improper transfers of IGRC representatives, the following identification procedures must be followed:

(i) The IGP supervisor or the superintendent shall notify the following within 24 hours of an inmate's election or appointment as an IGRC representative:

(a) director of the IGP;

(b) superintendent;

(c) first deputy superintendent;

(d) all deputy superintendents;

(e) inmate records coordinator;

(f) review officer - disciplinary.

(ii) To identify an inmate as an IGRC representative and alert any reader that this inmate may not be transferred without a due process hearing, a conspicuous non-permanent marker shall be attached to or provided for:

(a) the guidance and counseling unit folder;

(b) the inmate records coordinator's office folder/card; and

(c) the disciplinary office.

(iii) When an inmate is no longer a full-time representative, the IGP supervisor or the superintendent is responsible for notifying the individuals listed in subparagraph (i) of this paragraph, and for removing the identifying marker from the locations listed in subparagraph (ii) of this paragraph, within 24 hours.

(iv) If an inmate representative's presence or conduct at a facility creates an emergency and transfer is immediately necessary to protect the facility or its personnel, the superintendent shall notify the superintendent of the receiving facility of the need to conduct the limited due-process hearing as soon as practicable, shall provide the superintendent of the receiving facility with all documentation necessary to hold such a hearing and shall notify the director of the IGP, of the transfer. These actions shall be taken within 24 hours of the inmate representative's transfer.

(d) Staff IGRC representatives. Staff representatives and alternates shall be selected by the superintendent from an established list of personnel who have successfully completed a training course designed specifically for individuals who will be serving as IGRC representatives. In order for the IGP to function effectively and in accordance with specified time limits, the superintendent must ensure that trained staff coverage is made available to the IGP.

(e) Representatives' job duties. Both the inmate and staff IGRC representatives are responsible for the job duties enumerated in the IGP Training Manual under the supervision of the IGP supervisor.

(f) IGRC chairperson selection. Chairpersons for IGRC hearings shall be selected by the IGP supervisor from a list submitted by the IGRC representatives.

(g) Grievance clerks.

(1) A grievance clerk and such additional clerks as may be needed shall be selected by the IGP supervisor after consultation with the superintendent.

(2) At the conclusion of their IGP assignments, clerks will be reinstated to their former job assignments whenever feasible. Clerks may be reasonably assured of reinstatement for a period of 12 months.

(3) The clerks shall report to and take direction from the IGP supervisor.

(4) If the supervisor has personal knowledge or reliable information of adverse behavior on the part of a clerk, he/she shall recommend dismissal setting forth the reasons in writing to the superintendent. The superintendent shall forward a recommendation, accompanied by a copy of the supervisor's report, to the director of the IGP. The clerk will be suspended pending the director's decision.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 701.4