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a valuable tool for both inmates/parolees and staff. Imperative for staff to be aware that this process permits a positive course of action for grievant to take in order to resolve an issue at the lowest level. It is also an excellent way for staff to identify problems and address them before they escalate.
what can inmates appeal???
- -CDCR decision, action, condition, policy or regulation that has an adverse effect upon their welfare, and for which there is no other prescribed method of Department review.remedy available.
- -Harm or injury due to any policy, decision, action, condition, or oversight by CDCR or staff.
how often can an appeal be filed?
ry 14 calendar days.
how many rows of text is allowed per line?
what color ink must it be in?
what identifying information must they provide?
- one row of text is permited per line.
- ink must be black or blue.
- i/m must provide name, cdc #
what must an inmate do is they are willing to waive their right to be interviewed?
they must intial the box provided.
t/f an original signature and date must be provided?
green two sided form is the only permitted appeal continuation attatchment, and is used when the inmate/parolee needs room to add additional information.
exclusively used when a number of inmates/parolees in what is nown as a "group" appeal, lodge the same complaint.
how many 602-G (group appeal pages) are allowed?
as many pages as needed to ensure that all parties to the appeal are identified and are in agreement with the specific issue and action requested.
when wqill responses be returned to the initiaor of a group appeal
at each level of the appeal review.
whose responsibility is it to alert all memebers of a group appeal?
0the initiator/primary appelant per 602 form. if this person has transferred or withdrawn from the appeal, the 1st person listed on the 602-G form is informed and is responsible for informing the other appelants.
can an appeal be cancelled by the submitting inmate/parolee?
only if all of the inmate signatories are released, transferred, or agree to withdraw the appeal.
define Emergency appeal...
any matter wherein disposition according to the regular time limits would subject the inmate/parolee to a substantial risk of personal injury, or cause other serious and irreparable harm to the inmate/parolee (appeals may not substitute verball or otherwise informing staff of an emergency situation requiring immediate response)
can you give examples of an emergency appeal circumstance?
- -threat of death or injury due to enemies or other physical placment concerns.
- -serious or imminent threat to health or safety
- -issue under appeal would make the i/m overdue for release if the appeal were granted within normal timeframes. (example: the i/m was scheduled for parole w/in 15 days and is appealing a serious disc. action resulting in wtcl extending his release date)
reasons to reject appeal
- -limitations on lines of text per row, are exceeded
- -basic identifying information is omitted
- -original signatures and submission dates are absent
- -incomplete, confusin or it otherwise fails to comply with instrucitons or newly adopted regulartory standards; or, it is not written, printed or typed clearly in blue or black ink. (rejected appeals may be resubmitted if the flaws and problems identified are corrected in a timely manner.)
examples of decisions appealed by inmates
- -disciplinary, CDC 115, RVR
- -Staff's behavior/action the inmate fells is violation of their rights
- -propery appeals dealing with confiscataion of items or failur to provide entitled items or a receipt
- -classification committee actions
- -appeals involving departmental regulations
- -dissatisfied with the outcome of the form 22 request for interview, item, or service
what goes on the 602 section "B"
the reason for lack of necessary documentation must be provided in the space indicated in section B. Supportingdocuments are those needed to substantiate the allegations or claims or harm made on the appeal document.
examples of supporting documents
- -classification documents
- -property/inventory receipts
- -disciplinary reports
- -crime/incident reports
- -notifications of disallowed mail
- -trust account statements
- -conditions of parole
- -medical report of injury or unusual occurrence
- -memoranda or letters &/or written requests for interviews, items or services
appeal supporting documents not permitted
- -docs that simply restate the matter under appeal, argue its merits or raise new issues
- -new issues raised in the supporting docs
- -physical objects, exhibits, tabs or dividers
- -organic materials (bologna, cheese, feces, spit, nail clippings, etc.) any type or actions or materials that otherwise desecrate, deface or contamiate submitted forms and attachments (saliva, blood, urination)
when do appeal time limits begin
on the date of receipt of the appeal
what are the time limits on a 1st level appeal
30 working days
2nd level appeal time limits
30 working days from date of receipt
3rd level appeal time limit
60working days from date of receipt.
do inmates have the right to withdrawl their appeal
yes. conditionally or otherwise, a previously submitted appeal at any time prior to receipt of a response
if an inmate wants to with draw a 602 what space do they use
space below section "G" of the 602
can a rejected appeal be appealed?
no, because a resubmission option existsj
if a modification order is not completed after _____ days of issuance, appellants are permitted to proceed to ____ level of appeal
who determines whether or not conditions exist which justify an emergency appeal?
inability to obtain supporting documents does not justify delay in the submission of an appeal. i/m must submit w/in 30 days of event w/ explanation. app. co. may grant a _____ calendar day extention.
how do we document excessive form 22 submissions
document on a CDCR 128-B
how many days do you have to answer a Form 22
if an inmate is disatisfied with a form 22 response who do they send it to
the answering employees supervisor
is it mandatory or optional to sign the form 22 and give a receipt to the i/m?
how many form 22 requests may be submitted ?
there is not a limit, however duplicative or excesive form 22 submissions should be noted and do constitute a form of abuse