PRISON GRIEVANCE PROCEDURES - DISCUSSION OF FUNDAMENTAL COMPONENTS

• NCJ Number: 57438
• Journal: PRISON LAW MONITOR Volume: 1 Issue: 8 Dated: (FEBRUARY 1979) Pages: 177,188-190
• Author(s): C BETHEL
• Date Published: 1979
• Length: 4 pages
• Corporate Author: Institution Educational Services, Inc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE DEVELOPMENT OF PRISON GRIEVANCE PPROCEDURES, THE PROBLEMS OF IMPLEMENTING SUCH PROCEDURES, AND THE POTENTIAL ADVANTAGES TO THIS SYSTEM ARE DISCUSSED IN THIS ARTICLE.

Abstract

THE CONCEPTS UNDERLYING SUCH PROCEDURES INCLUDE THE FOLLOWING: IN CORRECTIONAL INSTITUTIONS, NEGOTIATION IS MORE PRODUCTIVE THAN CONFRONTATION; LOCAL SOLUTIONS ARE BETTER THAN THOSE IMPOSED FROM ABOVE; THE CREDIBILITY OF THE PRISONER IS CRITICAL IN SUCH A PROCEDURE; AND THE GUARDS HAVE THE MAJOR RESPONSIBILITY FOR THE WORKINGS OF THE PROCEDURE. THE DESIGN PRINCIPLES THAT SHOULD BE INCLUDED ARE WRITTEN RESPONSES FOR DECISIONS TAKEN, REASONABLE TIME LIMITS FOR RESPONSE TO GRIEVANCES, REVIEW OF GRIEVANCES BY SOMEONE OUTSIDE THE CORRECTIONAL FACILITY, AND COORDINATION IN THE DESIGN AND OPERATION OF THE PROCEDURE BY PRISONERS AND GUARDS. ALL PRISONERS MUST HAVE ACCESS TO THE PROCEDURE, AND THE PROCEDURE MUST HAVE AS BROAD A JURISDICTION AS POSSIBLE. THE DESIGN PRINCIPLES WERE DEVELOPED IN RESPONSE TO THE WEAKNESSES OF CURRENT GRIEVANCE PRACTICES, NAMELY, ADVISORY COUNCILS, PRISON COUNCILS, AND OMBUDSMEN. ALTHOUGH THE FEASIBILITY OF INSTITUTING SUCH PROCEDURES IN LARGE CORRECTIONAL SYSTEMS HAS BEEN QUESTIONED, THE SUCCESS OF THE NEW YORK STATE PRISON GRIEVANCE PROCEDURE IN A SYSTEM OF MORE THAN 17,000 PRISONERS SHOWS THAT THIS IS ENTIRELY POSSIBLE TO IMPLEMENT ON A LARGE SCALE. VALUABLE LESSONS CAN BE LEARNED FROM THE NEW YORK PROJECT. IN THE BEGINNING, PRISONERS WILL FILE GRIEVANCES ON A WIDE VARIETY OF ISSUES CONCERNING RULES OR POLICIES; LATER, GRIEVANCES ABOUT STAFF OR PRISONER CONDUCT WILL PREDOMINATE. THE ADVANTAGES TO BOTH STAFF AND PRISONERS OF GRIEVANCE PROCEDURES ARE THE HELP THEY PROVIDE IN RATIONALIZING AND PUBLICIZING POLICY. A WELL-FUNCTIONING PROCEDURE CAN ALERT THE ADMINISTRATION TO AREAS OF CHRONIC OR POTENTIAL TROUBLE WITHIN THE INSTITUTION, AS WELL AS DISCLOSE WHETHER OR NOT POLICIES ARE ACTUALLY BEING CARRIED OUT. FOOTNOTES ARE INCLUDED. (STB)