Statutes, codes, and regulations
New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENTSubtitle AA - STATE COMMISSION OF CORRECTIONChapter I - MINIMUM STANDARDS AND REGULATIONS FOR MANAGEMENT OF COUNTY JAILS AND PENITENTIARIESSubchapter A - MINIMUM STANDARDS AND REGULATIONS
Part 7032 - Grievance Program
Section 7032.5 - Appeal to the Commission of Correction

N.Y. Comp. Codes R. & Regs. tit. 9 § 7032.5

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Current through Register Vol. 46, No. 45, November 2, 2024
Section 7032.5 - Appeal to the Commission of Correction
(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.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7032.5