NCJ Number
45463
Date Published
1977
Length
12 pages
Annotation
THE PLANNING, ORGANIZATION, AND RESULTS OF AN AMERICAN BAR ASSOCIATION (ABA) EFFORT TO IMPLEMENT GRIEVANCE PROCEDURES IN NEW YORK STATE CORRECTIONAL INSTITUTIONS ARE DESCRIBED.
Abstract
A 1975 STUDY OF EXISTING GRIEVANCE PROCEDURES SHOWED THEM TO BE INADEQUATE AND UNRESPONSIVE TO INMATES' NEEDS. THE ABA IDENTIFIED ELEMENTS CONSIDERED ESSENTIAL FOR AN EFFECTIVE PROCEDURE, INCLUDING PARTICIPATION BY ELECTED INMATES IN RESOLVING GRIEVANCES; GUARANTEES AGAINST REPRISAL; SPEED; AND APPEAL TO SOME SORT OF INDEPENDENT REVIEW. A PILOT PROJECT WAS INITIATED AT THE GREEN HAVEN MAXIMUM SECURITY FACILITY. THE PROGRAM MADE PROVISIONS FOR AN EQUAL VOICE - EQUAL VOTE INMATE/ STAFF COMMITTEE; OUTSIDE REVIEW THROUGH IMPARTIAL ADVISORY ARBITRATION; TIGHT TIME LIMITS; WRITTEN RESPONSES WITH REASONS STATED; GUARANTEES AGAINST REPRISALS; AND A DEFINITION OF GRIEVANCE BROAD ENOUGH TO ENCOMPASS POLICY QUESTIONS. THE PROCEDURE WAS SOON INCORPORATED INTO LEGISLATION AND EXTENDED TO THE REST OF THE NEW YORK PRISON SYSTEM. EXPERIENCE HAS SHOWN THAT THE PROCEDURE WORKS WELL, PARTICULARLY AT THE LOCAL LEVEL. THE MOST IMPORTANT PROBLEM ENCOUNTERED HAS BEEN THAT OF TIME. WHEN A TIME LIMIT IS EXCEEDED, THE GRIEVANCE IS AUTOMATICALLY MOVED TO THE NEXT HIGHER LEVEL OF APPEAL. LIMITS HAVE BEEN EXCEEDED MORE OFTEN THAN NOT, WITH THE RESULT THAT COMPLAINTS ARE OFTEN HEARD AT THE STATE LEVEL WITHOUT FIRST HAVING BEEN HEARD BY THE INSTITUTION'S GRIEVANCE COMMITTEE. SOME OF THE POLICY SHIFTS WHICH HAVE RESULTED FROM DECISIONS DURING THE GRIEVANCE PROCEDURE HAVE INCLUDED THE FOLLOWING: MAIL POLICY WAS CHANGED TO ALLOW SEALED OUTGOING CORRESPONDENCE; SUNNI MUSLIMS WERE PERMITTED TO WEAR BEARDS ON RELIGIOUS GROUNDS; AND VISITING POLICIES WERE CHANGED TO PERMIT VISITORS TO SEE MORE THAN ONE INMATE AT A TIME. (VDA)