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TEXAS DEPARTMENT OF CRIMINAL JUSTICE

ADMINISTRATIVE REVIEW

&

RISK MANAGEMENT

DIVISION

Offender Grievance Operations Manual

(Revised 01/12)

OFFENDER GRIEVANCE OPERATIONS MANUAL

TABLE OF CONTENTS

I. Introduction

• History of the Offender Grievance Program
• Mission Statement, Philosophy, and Goals
• Relationship to Ombudsman

II. Authority

• Board Policy 03.77, “Offender Grievances”
• Administrative Directive 03.82, “Management of offender Grievances”
• Texas Statutes Applicable to the Offender Grievance Procedure
• Government Code §§ 493.014, 500.002, 501.007 and 501.
• Civil Practice and Remedies §§ 14.005 and 30.
• Prison Litigation Reform Act (1995)
• Civil Rights of Institutionalized Persons Act (1980)
• Legal Liabilities
• Spears and Chapter 14 Hearings
• American Correctional Association (ACA) Standards

III. Principles and Practices

• Code of Ethics
• Confidentiality
• Grievable and Non-Grievable Issues
• Available and Non-Available Remedies
• Informal Resolution
• Access
• Translating Grievances Written in Spanish
• Guidelines for Investigations
• Guidelines for Written Responses
• Departmental Involvement
• Networking – Sources of Information
• Grievance Time Limits

Table of Contents Page 1

• Reprisals
• Records Management
• Step 1 Grievances
• Step 2 Grievances
• Records Retention and Purging of Files
• Mailing Options

IV. Step 1 – Grievance Processing

• Flow Charts (Emergency, Specialty, Regular)
• Collection
• Sorting and Prioritizing
• Issue Codes
• GR00 Tracking System
• Screening Criteria
• Grievances That Do Not Qualify for Processing
• Grievances That Qualify for Processing
• Transferring a Grievance to the Unit of Incident – Other Transferred Inmate (OTI)
• Categories of Grievances
• Emergency
• Fear of Another Offender
• Fear of Staff
• Sexual Abuse and Sexual Assault
• Medical Emergency
• Extortion
• Specialty
• Excessive or Unreported Use of Force (UOF)
• Office of Inspector General (OIG) Referrals
• Harassment/Retaliation for Exercising Access to Courts or Use of Grievance Procedure
• Medical (Non-Emergency) – See Chapter IX
• Americans with Disabilities Act (ADA)
• Religion
• Impermissible Conduct by Offenders
• Regular

Table of Contents Page 2

• Outcome Codes
• Final Step 1 Processing

V. Step 2 Grievance Processing

• Flow Charts (Emergency, Specialty/Regular)
• Collection
• Sorting/Prioritizing Grievances
• Emergency
• Specialty
• Regular
• Issue Codes
• GR00 Tracking System
• Screening Criteria
• Grievances That Do Not Qualify for Processing
• Grievances That Qualify for Processing
• Office of Inspector General (OIG) Referrals
• Medical (Non-Emergency) – See Chapter IX
• Staff Use of Slurs / Hostile Epithets Referrals
• Outcome Codes
• Final Step 2 Processing

VI. Processing Property Claims

• Step 1 Property Investigation
• Step 2 Property Appeals
• The Payment Process

VII. Processing Disciplinary Appeals

• Processing Disciplinary Appeals
• Basic Grounds for Disciplinary Appeals
• Guidelines
• Major disciplinary Case
• Documentation Required
• Additional Documentation Required
• Minor Disciplinary Hearing

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• Documentation Required
• Additional Documentation Required
• Reviewing for Due Process Violations
• Reviewing for Sufficient Evidence
• Reviewing Confidential Informant Testimony
• Disciplinary Penalties
• Remedies Available for Disciplinary Appeals
• Step 2 Appeals
• Rehearing the Disciplinary Case
• Processing the Correction
• Instructions for Completing the Request for Disciplinary Case Correction (E-Form)

VIII. Processing Transportation Grievances

• Grievances Relating to Property Issues
• Grievances Relating to Operational Issues and Actions of Transportation Staff
• Step 1 Transportation Grievance Processing
• Step 2 Transportation Grievance Processing

IX. Processing Medical Grievances

• Step 1 Medical Grievances
• Step 1 Medical Multiple Issue Grievances
• Step 2 Medical Grievances
• Step 2 Medical Multiple Issue Grievances

X. Meetings / Training / Program Monitoring

• Staff Meetings
• Training for Unit Grievance Staff
• Training for Regional Grievance Staff
• Training for Central Grievance Office Staff
• Offender Grievance Program Monitoring
• Bi-Annual Reviews
• Unit-Level Operational Reviews
• Division-Level Operational Reviews
• Offender Grievance Operations Manual Annual Reading
• Additional Mechanisms

Table of Contents Page 4

XI. Clerical Duties

• Unit Grievance Clerk / Step 1
• Central Grievance Clerk / Step 2

Appendix

A Grievance Forms List B. Instructions on How to Write and Submit Grievances (English / Spanish) – OG- C. Non-Grievable Issues Return Form D. Issue Codes Table of Contents / Issue Codes List E. Outcome Codes F. Step 1 Offender Grievance Form, English and Spanish – I- 127 G. Step 2 Offender Grievance Form, English and Spanish – I- H. Grievance Investigation Worksheet – OG- I. Emergency Checklist – OG- J. Fact Sheet for OIG Investigation OG- K. Disciplinary Worksheet and Document Checklist – OG- L. Documents and Forms Required for Investigation of Medical Grievances Checklist M. Notice of Extension – OG- N. Property Settlement Agreement Form O. Monetary Reimbursement Agreement Form P. Use of Force Transmittal Cover Letter. Q. AD-02.29, “Records Management”, Attachment, A – Records Disposition Log R. Staff Use of Slurs or Epithets Referral Form S. New Grievance Employee Training Verification Form T. Offender Grievance Operations Manual Employee Verification Form E-mails, Memos, Amendments, and Other Similar Documents

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INTRODUCTION

An effective grievance program extends far beyond the staff of the grievance department. It involves an ongoing commitment to solving problems by each staff member at every unit. One sign of a well- managed correctional facility is the sensitivity of staff to the problems and complaints of offenders under their care. A large portion of complaints being resolved at the lowest level characterizes an effective grievance mechanism.

The grievance program provides a variety of supportive and protective functions. It gives offenders an alternative to confrontation, thereby increasing facility safety and decreasing offender aggression. The program offers the offender a less formal alternative to litigation, thus saving taxpayers the cost of defending the agency in court. Grievances, when taken collectively, provide a wealth of insight into the daily operations of the unit. Grievances are self-monitoring tools, which help reduce the need for external monitoring, such as the judicial oversight, which the Texas Department of Criminal Justice (TDCJ) has experienced in the past.

Chapter I Page 1

HISTORY OF OFFENDER GRIEVANCE PROGRAM

On July 14, 1975 the Texas Department of Corrections Litigation Support Division initiated a formal procedure for the review of offender grievances patterned after existing programs in other states. The procedure consisted of two steps: Step 1 submitted to the warden; and Step 2 to the director.

A change in directorship to the Classification and Treatment Division coincided with the first major revision to the procedure on June 21, 1984. This revision incorporated the provisions of the Civil Rights Institutionalized Person Act (CRIPA), 42 U.S.C. § 1997e into the grievance procedure. That section, entitled “Exhaustion of Remedies” provided the minimum standards necessary to establish a procedure for administrative remedies and laid the groundwork for a certified grievance procedure. After much research, discussion with Federal Bureau of Prisons staff, and numerous revisions, the Department posted notice of its intent to request certification of its grievance procedure in March of 1988. The Texas Department of Corrections Inmate Grievance Procedure was eventually certified by the United States District Court for the Eastern and Southern Districts of Texas on May 31, 1989.

By the time of certification, the grievance procedure had evolved into a three-step process: Step 1 complaints were investigated and responded to at the unit level; Step 2 complaints were investigated and responded to in the respective regions; and Step 3 complaints were investigated and responded to at the Director’s level. Although a three-step procedure provided the agency with more opportunity to rectify problems, the process was cumbersome and time consuming.

The offender population significantly increased from 62,322 offenders in January 1994 to 98, offenders in January 1995. While an increase in workloads for departmental staff was predicted, it was determined that the elimination of one step of the procedure would reduce the overall numbers of grievances being submitted. Additionally, there was a need to consolidate and utilize resources more effectively by integrating regional grievance staff into the new Step 2 process.

On June 1, 1995 the unit grievance coordinator positions were reclassified from a lieutenant of correctional officers to non-uniformed, investigator II positions. Administrators believed this change would further the concept of separating unit grievance staff from other unit functions.

Another critical development occurred on September 1, 1995 when the classification case manager positions were drastically reduced throughout the Agency. Issues which offenders previously discussed and resolved with case managers were now addressed through the grievance procedure. Finally, on September 1, 1996, the Offender Grievance Procedure was officially converted from a three-step process to a two-step process.

The grievance policy was modified in 1997 and on January 5, 1998, the Offender Grievance Procedure Automated Tracking System (GR00) was implemented. The automated system eliminated the need for manual tracking of grievances and provided a computer generated numbering system and a means of retrieving statistical information.

In 1998, Sunset Advisory Committee recommendations were adopted to reorganize the grievance procedure to the Executive Division and the Office of Administrative Review was created. As a result, the Offender Grievance Program and the Ombudsman Program were paralleled to share information and improve communication not only between departments, but also offender family organizations and the general public.

Chapter I Page 2

In 1998 offenders filed a combined 382,000 grievances at Step 1 and Step 2. By spring 1999, grievance numbers increased and the quantity became difficult to manage effectively; therefore, the quality of the program suffered. There was a growing concern that legitimate complaints could be overlooked or lost in the large numbers of non-meritorious grievances and the agency suffered because they were unable to capitalize on a wealth of information gained from offender complaints.

Administrators began studying trends and identified that offenders often submitted grievances on issues that were not grievable, could not be remedied at the appellate level, or had another mechanism for appeal. Consequently, in early 1999, the goal was to more efficiently process offender complaints.

On September 1, 1999, the Texas Board of Criminal Justice (TBCJ) and agency officials approved a plan to manage offender grievances by utilizing 11 screening criteria designed to require offenders to utilize the procedure responsibly and reduce the numbers of grievances. The anticipated result was fewer grievances filed, allowing grievance staff at all levels to focus on the quality of the investigation and the response to the offender.

As a result of these steps, the number of offender grievances was reduced by 46% the first year and have remained generally steady over time. Grievance staff is able to devote more time to investigate issues such as offender protection concerns, liberty interests as the result of disciplinary cases, and other issues that affect the lives of offenders.

Of significance to the revised Offender Grievance Procedure was the Prison Litigation Reform Act (PLRA) of 1995. Section 803 of this act amended the exhaustion requirements of 42 U.S.C.1997e, CRIPA as follows:

“SEC.7. SUITS BY PRISONERS.”

“(a) APPLICABILITY OF ADMINISTRATIVE REMEDIES. – No action shall be brought with respect to prison conditions under section 1979 of the Revised Statues of the United States (42 U.S.C.1983), or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted.”

In effect, this legislation negated the need for a certified grievance procedure by giving judges the latitude to require exhaustion of any and all administrative remedies prior to bringing a suit before the courts. Previously, exhaustion could only be required where a certified grievance procedure was in place. Although not required, the Texas Department of Criminal Justice grievance procedure generally follows standards established by CRIPA.

Chapter I Page 3

TEXAS DEPARTMENT OF CRIMINAL JUSTICE

ADMINISTRATIVE REVIEW AND RISK MANAGEMENT DIVISION

OFFENDER GRIEVANCE PROGRAM

MISSION: To promote awareness and positive intervention between staff and offenders to identify and resolve issues at the lowest possible level, and to facilitate the flow of information between the units and agency leaders.

PHILOSOPHY: Provide a means for identifying issues and facilitating corrective action, thereby contributing to a safer environment for staff and offenders.

Afford offenders a formal mechanism for review and redress of pertinent issues, and ensure them fair and timely decisions.

Provide agency administrators with current information for direct interaction and proactive planning.

GOALS: Ensure the quality of the Offender Grievance Program.

Ensure offenders utilizing the program receive a timely evaluation and resolution by the appropriate reviewing authorities.

Assess the productivity of the grievance process and procedures.

Chapter I Page 4

RELATIONSHIP TO OMBUDSMAN

The Offender Grievance Program and the Office of Ombudsman are similar in function as both process issues concerning the TDCJ Justice; however, dissimilar as defined by the recipient of the service provided.

The Office of Ombudsman provides information to the public in response to specific inquiries regarding an offender or staff. This office responds to inquiries or complaints from individuals that are neither employed by, nor incarcerated by the TDCJ. Most often, their contacts are from elected officials, other state agencies, family and friends of offenders, and the general public.

The responsibilities of the Office of Ombudsman include: responding to inquiries regarding specific offenders; explaining the agency’s policies and procedures; and referring the public to the most appropriate source of assistance. In short, the Office of Ombudsman serves as a central point of contact between the agency and the public.

The Offender Grievance Program responds to formal, written complaints from individuals in the custody of the TDCJ. The responsibility of the grievance procedure is to not only provide offenders with a fair, objective avenue to resolve complaints, but also to provide agency leaders with valuable information and statistics necessary to ensure a safe environment for staff and offenders alike.

The Office of Ombudsman and the Offender Grievance Program function as liaisons for the TDCJ. Since many of the questions or complaints received from the public are the same as those received from offenders’, continuity between the two departments is essential to reduce duplicate efforts in responding to complaints.

Chapter I Page 5

Texas Department

of

Criminal Justice

Number:

Date:

Page:

Supersedes:

BP-03.77 (rev. 8)

December 11, 2009

1 of 1

BP-03.77 (rev. 7)

July 13, 2007

BOARD POLICY

SUBJECT: OFFENDER GRIEVANCES

AUTHORITY: Texas Civil Practice and Remedies Code §14.005 and Ch. 110; Texas

Government Code §§ 493.014 and 501.008; and 42 U.S.C. § 1997e

References: American Correctional Association (ACA) Standard 4-

APPLICABILITY: Texas Department of Criminal Justice (TDCJ)

POLICY:

The Texas Board of Criminal Justice (TBCJ) encourages the resolution of grievances at the lowest possible level. The purpose of this policy is to enable the development, implementation, and operation of a grievance program for offenders within the TDCJ, and to provide appropriate documentation to the courts.

PROCEDURES:

The resolution support manager shall establish and maintain the Offender Grievance Operations

Manual (OGOM) to provide guidance to employees regarding the offender grievance procedure.

The manual shall list those matters which are grievable, and those which are not. Instructions on

how to use the offender grievance procedure shall be established separately from the OGOM for

distribution to offenders and employees. Provisions for training, education, and implementation

of the offender grievance procedure shall be established in AD-03.82, “Management of Offender

Grievances” and the OGOM.

___________________________

Oliver J. Bell, Chairman

Texas Board of Criminal Justice

TEXAS DEPARTMENT

OF

CRIMINAL JUSTICE

NUMBER:

DATE:

PAGE:

SUPERSEDES:

AD-03.82 (rev. 7)

January 4, 2012

1 of 9

AD-03.82 (rev. 6)

December 11, 2009

ADMINISTRATIVE DIRECTIVE

SUBJECT: MANAGEMENT OF OFFENDER GRIEVANCES

AUTHORITY: Texas Civil Practice and Remedies Code § 14.005 and Chapter 110; Texas

Government Code §§ 493.014 and 501.008; and 42 U.S.C. § 1997e

References: American Correctional Association (ACA) Standard 4-

APPLICABILITY: Texas Department of Criminal Justice (TDCJ)

POLICY:

The TDCJ shall establish processes for the management and resolution of grievances submitted

by offenders.

DEFINITIONS:

“Emergency Grievance” is a written complaint about matters for which the disposition within

regular time limits would subject the grieving offender to a substantial risk of personal injury or

cause other serious or irreparable harm, such as sexual assault, life endangerment, extortion, or

medical emergencies.

“Grievance” is a written complaint.

“Offender,” for the purpose of this directive, is a person in the physical custody of the TDCJ.

“Reprisal” is any coercion, threat, or harassment against anyone for the use of, or participation

in, the offender grievance procedure.

“Resolution Support Manager” is the position in the Administrative Review and Risk

Management (ARRM) Division responsible for oversight of Access to Courts, Offender

Grievance, and the Ombudsman Program.

AD-03.82 (rev. 7) Page 2 of 9

“Specialty Grievance” is a written complaint regarding matters that require prompt attention or

special processing, such as allegations of criminal acts by staff, and excessive or unreported use

of force.

PROCEDURES:

An effective offender grievance program has many valuable benefits for the TDCJ, including

conflict resolution, cost savings and efficiency from improved management information, averting

litigation, and minimizing judicial oversight through comprehensive self-monitoring. The

following procedures shall generally guide the management and resolution of offender

grievances. More specific, detailed guidelines and forms are provided in the Offender Grievance

Operations Manual (OGOM).

I. Grievable Issues

A. The interpretation and application of TDCJ policies, rules, regulations, and

procedures as they apply to the offender personally;

B. Offender or employee action, including any denial of access to the grievance

procedure;

C. Reprisals against offenders for submitting a complaint under the procedures of

this directive;

D. The loss or damage of authorized offender personal property possessed by

persons in the physical custody of the TDCJ and for which the TDCJ or its

employees, through negligence, are the cause of any damage or loss; and

E. Any other matter within the authority of the TDCJ.

II. Non-Grievable Issues

A. State and federal court decisions, laws, and regulations;

B. Parole decisions;

C. Time-served credit disputes, which should be directed to the Classification and

Records Office, Time Section;

D. Matters for which other formal appeal mechanisms exist; and

E. Any matter beyond the control of the TDCJ.

AD-03.82 (rev. 7) Page 3 of 9

III. Formulation and Implementation

A. Changes in the offender grievance procedure shall be posted in prominent locations within each unit for the offender population. A Spanish translation shall be available for those offenders whose primary language is Spanish. In addition, the changes shall be explained to those offenders who are illiterate or whose primary language is neither English nor Spanish.

B. The resolution support manager shall develop, coordinate, and initiate training

programs to ensure all employees and offenders are knowledgeable in the

purpose, intent, and operation of the offender grievance procedure.

C. Any person having comments on the effectiveness and credibility of the offender

grievance procedure may write to the resolution support manager, TDCJ, P.O.

Box 99, Huntsville, Texas, 77342-0099.

IV. Offender Accessibility

A. Copies of BP-03.77, “Offender Grievances” and this directive, as well as the

instructions on how to use the offender grievance procedure shall be available at

each unit, to include copies in the law library. In addition, the instructions on how

to use the offender grievance procedure shall be posted in prominent locations

throughout the unit.

B. Provisions shall be made to ensure offenders who are impaired, have a disability

or who speak a language that is not spoken by a substantial portion of the

population are adequately apprised of the purpose, intent, and operation of the

offender grievance procedure, as well as provided an opportunity to ask questions

regarding the procedure.

C. All offenders shall be entitled to use the offender grievance procedure.

D. Offenders may not submit a grievance on behalf of another offender; however,

assistance may be sought from an employee or another offender when necessary

to communicate the issue on the grievance form.

E. The I-127, Step 1 Offender Grievance Form and I-128, Step 2 Offender Grievance

Form shall be readily available to all offenders.

V. Reprisal

Persons participating in the offender grievance procedure shall not be subject to reprisal.

Allegations of this nature may be pursued by an offender through the offender grievance

procedure.

AD-03.82 (rev. 7) Page 4 of 9

VI. Responsibility

A. The resolution support manager shall direct, administer, supervise, and manage

the implementation and operation of the offender grievance procedure without

interference by any employee.

B. In order to ensure the proper handling of grievances, each unit shall have staff

members selected as grievance investigators in accordance with the TDCJ

selection procedures.

1. The investigator shall be responsible for carrying out the duties outlined in

the OGOM.

2. An alternate grievance investigator may be designated to carry out the

duties as deemed appropriate and necessary by the warden.

C. Grievance staff shall have access to all documents necessary to conduct an

investigation of a specific grievance.

D. All employees are required to cooperate with grievance staff conducting an

investigation. Failure to cooperate with an official grievance investigation shall

subject an employee to appropriate disciplinary action in accordance with PD-22,

“General Rules of Conduct and Disciplinary Action Guidelines for Employees.”

E. Access to the offender grievance procedure shall not be inhibited by any policy,

procedure, rule, or action.

F. Grievance staff shall be professional, objective, and sensitive to cultural diversity

at all times.

VII. Emergency and Specialty Grievances

A. Every grievance shall be reviewed by the unit grievance investigator, at which

time the determination shall be made as to the status of the complaint.

1. Grievances alleging sexual assault or sexual abuse shall be coordinated

with the Office of the Inspector General (OIG) and the Prison Rape

Elimination Act (PREA) ombudsman as provided for in the TDCJ Safe

Prisons Plan.

2. Grievances determined to involve an offender protection or extortion issue

shall be processed in accordance with the TDCJ Safe Prisons Plan.

AD-03.82 (rev. 7) Page 5 of 9

3. Grievances alleging excessive or unreported use of force, criminal acts by

staff, or harassment or retaliation for exercising access to courts rights

shall be given priority attention and shall be coordinated with the OIG.

4. Grievances involving health care issues of a quality of care or technical

nature shall be coordinated with the Health Services Division.

5. Grievances involving Americans with Disabilities Act (ADA) issues shall

be coordinated with the Risk Management Department.

6. Grievances involving claims of burden on the free exercise of religion

shall be coordinated with the Chaplaincy Department.

7. Allegations of impermissible conduct by offenders as defined in AD-

03.02, “Impermissible Offender Conduct” shall be coordinated between

grievance and monitoring and standards staff.

B. If the unit grievance investigator determines a grievance does not qualify as an

emergency or specialty grievance, the grievance may be processed as a regular

grievance.

VIII. Processing

Emergency grievances shall be processed regardless of any of the following requirements

or screening criteria.

A. Informal Resolution

1. All staff shall informally resolve issues when possible.

2. Offenders shall pursue an informal resolution with staff, when possible,

prior to filing a formal grievance. When an attempt to informally resolve

an issue is not documented on the grievance form, the unit grievance

investigator may return the grievance to the offender without an

investigation.

3. When informal resolution is not possible, for example, the outcome of a

disciplinary hearing or use of force, the unit grievance investigator shall

accept and process the grievance as outlined in this directive.

B. Step 1 Grievance - Processed at the unit level (Form I-127)

1. An offender may submit one step 1 grievance within a seven calendar day

period.

AD-03.82 (rev. 7) Page 6 of 9

2. The incident or issue grieved must be stated on the I-127, Step 1

Grievance Form and in the space provided. Only official documents to

support the issue presented may be attached, such as I-60s, property

receipts, or other official documents.

3. The offender shall submit the grievance within 15 days from:

a. The date of the alleged incident or problem; or

b. When the offender became aware or should have become aware of

the incident or problem.

4. The grievance shall state the relief requested.

5. Grievance staff shall have 40 calendar days from the receipt of the

grievance in which to investigate, respond, sign, and return the grievance

to the offender. Grievances concerning the outcome of a disciplinary

hearing shall be processed within 30 days of receipt from the offender.

C. Step 2 Grievance - Appeal of the step 1 grievance decisions by grievance staff not

under the control of the unit (Form I-128)

1. The offender has 15 calendar days from the receipt of the step 1 response

in which to appeal to step 2, via the unit grievance investigator.

2. The completed I-128, Step 2 Grievance Form, along with the original I-

127, Step 1 Grievance Form, shall be submitted to the unit grievance

investigator.

3. The unit grievance investigator shall forward the original I-127, Step 1

Grievance Form and I-128, Step 2 Grievance Form and all investigative

notes to the administrator of the Offender Grievance Program using the

most expeditious, yet cost effective method possible.

4. Grievance staff shall have 35 calendar days from receipt of the I-128, Step

2 Grievance Form in which to investigate, respond, sign, and return the

grievance to the offender. Medical staff shall have 45 calendar days from

the receipt of the I-128.

An offender may not withdraw a grievance at any time during the process. Once a step 1

or step 2 grievance has been submitted, the grievance shall be processed according to the

guidelines set forth in the OGOM.

AD-03.82 (rev. 7) Page 7 of 9

D. Screening

Unit grievance staff shall review incoming offender grievances to identify

emergency grievances and to ensure the grievances are submitted according to

established procedures. Emergency grievances are exempt from all screening

criteria. Specialty grievances and grievances involving offender disciplinary are

exempt from the submission criteria of one grievance within a seven calendar day

period.

Grievances that meet the established criteria shall be processed, have an

appropriate response, a reason for the response, and provide closure of the issue.

Offenders shall be notified when grievances are submitted that do not meet the

established criteria. Grievances that do not meet the established criteria shall be

entered into the GR00 Tracking System, a copy of the grievance placed in the

offender’s unit grievance file, and the original returned to the offender. The

following are reasons for screening a grievance:

1. The grievable time period has expired;

2. Submission is in excess of one grievance within a seven calendar day

period;

3. The original was not submitted;

4. Inappropriate or excessive attachments;

5. No documented attempt at informal resolution;

6. No requested relief is stated;

7. Malicious use of vulgar, indecent, or physically threatening language

directed at an individual;

8. The issue presented is not grievable;

9. Redundant issue;

10. Illegible or incomprehensible; and

11. Inappropriate requests for employee disciplinary action or compensation

for punitive damages.

AD-03.82 (rev. 7) Page 8 of 9

E. Investigations

1. The unit grievance investigator is responsible for the investigation of step

1 grievances. Supervisory staff and departmental supervisors shall

actively participate in the investigation and resolution of grievance issues.

When requests are made by the unit grievance investigator, assistance

shall be provided in a timely manner. Employees or persons in custody

who appear to be involved in the matter of a grievance are prohibited from

participating in any capacity in the review and resolution of that grievance.

2. The following are signature authorities for the response at step 1.

a. Regular step 1 grievances – warden or assistant warden

b. Multiple issue grievances that include at least one regular

grievance issue and one medical grievance issue – warden or

assistant warden. The unit practice manager, facility health

administrator, unit director of nursing, or nurse administrator, as

appropriate, shall acknowledge a review of the multiple issue

grievance response by initialing the front, upper left-hand corner of

the original form.

c. Medical step 1 grievances – unit practice manager, facility health

administrator, unit director of nursing, or nurse administrator, as

appropriate. The warden shall acknowledge a review of the

medical grievance response by initialing the front, upper left-hand

corner of the original form.

3. Investigation responsibility and signature authority for step 2 grievances

are defined in the OGOM.

F. Time Limits and Extensions

If staff need more than the allotted time to complete an investigation and formulate a

response at either step, written notification shall be provided to the offender that an

additional 40 days at step 1 and 35 days at step 2, or 45 days at step 2 for medical

grievances is necessary before a response shall be given.

G. Remedies

The following are possible remedies:

1. Restitution of property, either monetary or compensatory;

2. Change of policy, procedure, rule, or practice;

AD-03.82 (rev. 7) Page 9 of 9

3. Correction of records; and

4. Other relief, as appropriate.

Requests for disciplinary action against employees or compensation for punitive

damages shall not be addressed through the offender grievance procedure.

H. Responses

Responses to grievances shall clearly state the result of the investigation and the

reasons for the decision. When a grievance response specifies that an action is to

be taken, it shall include a date for completing the action when possible. When

no corrective action is warranted, an explanation shall be provided to the offender.

IX. Records

A. A copy of each completed grievance shall be maintained by grievance staff and

retained in accordance with the TDCJ Records Retention Schedule. Step 1

grievance records shall be maintained at the offender’s current unit of assignment.

When an offender is transferred, the step 1 grievance records shall be forwarded

to the offender’s new unit of assignment. The resolution support manager shall

establish an office of record for all step 2 grievance appeals.

B. Grievance records are confidential. Records may only be processed, investigated,

or analyzed by authorized staff as defined in the OGOM.

X. Evaluation

The resolution support manager is responsible for developing internal performance

measures that assess the quality and timeliness of the offender grievance procedure.

__________________________

Brad Livingston*

Executive Director

__________________________

• Signature on file

AUTHORITY

The following legislative, operational, and professional documents direct the function of the TDCJ Offender Grievance Program. The role of the grievance program has evolved over the years and several documents are necessary to explain the structure.

1. BP-03.77 “Offender Grievances”. The Texas Board of Criminal Justice directed the agency to operate an Offender Grievance Program based on specific elements and established guidelines.
2. AD-03.82 “Management of Offender Grievances”. Establishes agency expectations and the fundamental groundwork for the effective operation of the Offender Grievance Program. The administrative directive is more specific than the board policy and supports the grievance process by providing a basis for the Offender Grievance Operations Manual.
3. State Law. Section 14.005, Chapter 110 Texas Civil Practice and Remedies Code; Sections 493.014 and Section 501.008, Texas Government Code mandate that TDCJ operate an Offender Grievance Program that qualifies for federal certification and that we obtain and maintain that certification.
4. Federal Laws.

a. The Prison Litigation Reform Act (PLRA) of 1995 increased the utility of Offender Grievance Programs as an alternative to litigation by eliminating the prerequisite for certification standards. It mandated exhaustion of administrative remedy prior to the filing of litigation, regardless of procedural composition.

b. The Civil Rights of Institutionalized Persons Act (CRIPA) of 1980, although having no authority itself, established the standards that we embrace. As it was voluntary, only 18 states acquired Department of Justice certification. In 1995, standards were tempered to encourage adoption and in 1996, federal certification was completely eliminated.

5. American Corrections Association Standards. Finally, American Correctional Association (ACA) standards represent the national consensus on contemporary correctional practice.

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TEXAS STATUTES RELATED TO THE OFFENDER GRIEVANCE PROCEDURE

I. Texas Government Code

A. § 493.014 Applicability of Certain Grievance Procedures

Text of section as renumbered from § 493.013 by Acts 1995, 74th^ leg., ch.. 76 § 17.01(15)

A grievance procedure of the department or a division of the department, including the procedure established under Section 501.008, applies to the grievance of an offender or other person under the custody or control of the department relating to a rule or internal procedure of the board or department.

Added Acts 1993, 73rd Leg., ch. 988 § 9.02, eff. Sept. 1, 1993. Renumbered from VTCA, Government Code § 493.013 by Acts 1995, 74th Leg., ch. 76 § 17.01(15), eff, Sept. 1, 1995.

B. § 500.002 Destruction of Property

(a) An offender housed in a facility operated by the department or under contract with the department is liable for the offender’s intentional damage to property belonging to the state. If more than one offender is involved in damage to property, each offender involved in the damage is jointly and severally liable.

(b) The department shall establish a hearing procedure, giving consideration to the due process rights of offenders, for the adjudication of claims for property damage under this section. Damages may be awarded to the department only after a hearing and may not exceed the value of the property damaged.

(c) If at a hearing it is determined that an offender is liable for property damage, the department may seize the contents of inmate trust funds established for the offender under Section 501.004.

(d) An offender, after exhausting all administrative remedies provided by the grievance system developed under Section 501.008, may appeal a final decision under this section by filing a petition for judicial review in a district court having jurisdiction in the county in which the alleged damages occurred. On judicial review, the district court shall follow the rules governing judicial review of contested cases under Subchapter G, Chapter 2001. Appeals may be taken from the district court as in other civil cases.

(e) If an offender fails to file a petition seeking judicial review of an adverse decision within 30 days after exhausting all administrative remedies, a district court may not review the final decision.

Added by Acts 1989, 71 st^ Leg., ch. 212. § 2.01, eff. Sept. 1, 1989. Renumbered from § 499.003 and amended by Acts 1991, 72nd^ Leg., ch. 16 § 10.01(a), eff. Aug. 26, 1991. Amended by Acts 1995, 74th^ Leg., ch. 76, § 5.95(54), eff. Sept. 1, 1995, 74th^ leg., ch. 321, § 1.066, eff. Sept. 1,

Prior Law: Acts 1987, 70 th^ Leg., ch. 12 § 1. Vernon’s Ann. Civ. St. art 6184p.

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C. § 501.007 Offender Claims for Lost or Damaged Property

The department may pay from the miscellaneous funds appropriated to the division claims made by offenders housed in facilities operated by the department for property lost or damaged by the division. The department shall maintain a record of all transactions made under this section and shall send a copy of that record to the state auditor at least annually. The records must show the amount of each claim paid, the identity of each claimant, and the purpose for which each claim was made. The department may not pay under this section more than $500 on a claim.

Added by Acts 1989, 71 st^ Leg., ch. 212. § 201, eff. Sept. 1, 1989. Renumbered from § 500.007 and amended by Acts 1991, 72nd^ Leg., ch. 16 § 10.01(a), eff, Aug. 26, 1991. Amended by Acts 1995, 74th^ Leg., Leg., ch. 321, § 1.066, eff. Sept. 1, 1995.

Prior Law: Acts 1987, 70 th^ Leg., ch. 1049 § 18. Vernon’s Ann. Civ. St. art 6184q.

D. § 501.008 Offender Grievance System

a) The department shall develop and maintain a system for the resolution of grievances by

offenders housed in facilities operated by the department or under contract with the department that qualifies for certification under 42 U.S.C. Section 1997e and the department shall obtain and maintain certification under that section. A remedy provided by the grievance system is the exclusive administrative remedy available to an offender for a claim for relief against the department that arises while the offender is housed in a facility operated by the department or under contract with the department, other than a remedy provided by a writ of habeas corpus challenging the validity of an action occurring before the delivery of the offender to the department or to a facility operated under contract with the department.

b) The grievance system must provide procedures:

(1) for an offender to identify evidence to substantiate the offender’s claim; and (2) for an offender to receive all formal written responses to the offender’s grievance.

c) A report, investigation, or supporting document prepared by the department in response to an

offender grievance is considered to have been prepared in anticipation of litigation and is confidential, privileged, and not subject to discovery by the offender in a claim arising out of the same operative facts as are alleged in the grievance.

d) An offender may not file a claim in state court regarding operative facts for which the

grievance system provides the exclusive administrative remedy until:

(1) The offender receives a written decision issued by the highest authority provided for in the grievance system; or (2) If the offender has not received a written decision described by Subdivision (1), the 180 th day after the date the grievance is filed.

e) The limitations period applicable to a claim arising out of the same operative facts as a claim

for which the grievance system provides the exclusive remedy:

(1) is suspended on the filing of the grievance; and

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(2) remains suspended until the earlier of the following dates: (A) the 180th^ day after the date the grievance is filed; or (B) the date the offender receives the written decision described by Subsection (d)(1).

f) This section does not affect any immunity from a claim for damages that otherwise exist for

the state, the department, or an employee of the department.

Added by Acts 1989, 71 st^ Leg., ch. 212. § 201, eff. Sept. 1, 1989. Renumbered from § 500.008 and amended by Acts 1991, 72nd^ Leg., ch. 16 § 10.01(a), eff, Aug. 26, 1991. Amended by Acts 1995, 74th^ Leg., Leg., ch. 378, § 6, eff. June 8, 1995.

Prior Law: Acts 1987, 70 th^ Leg., ch. 1049 § 18. Vernon’s Ann. Civ. St. art 6184r.

II. Texas Civil Practice and Remedies Code

A. § 30.006. Repeated by Acts 1995, 74th^ Leg., ch. 378, § 8, eff. June 8, 1995.

B. §14.005. Grievance System Decision; Exhaustion of Administrative Remedies

a) An offender who files a claim that is subject to the grievance system established under

Section 501.008, Government Code, shall file with the court:

(1) an affidavit or unsworn declaration stating the date that the grievance was filed and the date the written decision described by Section 501.008(d), Government Code, was received by the offender; and (2) a copy of the written decision from the grievance system.

b) A court shall dismiss a claim if the offender fails to file the claim before the 31 st^ day after

the date the offender receives the written decision from the grievance system.

c) If a claim is filed before the grievance procedure is complete, the court shall stay the

proceeding with respect to the claim for a period not to exceed 180 days to permit completion of the grievance system procedure.

Added by Acts 1995, 74th^ Leg., ch. 378. § 2, eff. June 8, 1995.

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