SOP 227.02: Statewide Grievance Procedure

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Statewide Grievance Procedure|Policy Name:Statewide Grievance Procedure|Policy Name:Statewide Grievance Procedure|
|Policy Number: 227.02|Effective Date: 5/10/2019|Page Number: 1 of 19|
|Authority:
Commissioner|Originating Division:
Facilities Division|Access Listing:
Level II: Required Offender
Access|

I. Introduction and Summary:

It is the policy of the Georgia Department of Corrections (GDC) to maintain a
grievance procedure available to all Offenders, which provides an open and
meaningful forum for their complaints, the resolution of these complaints including
an appeals process, and is subject to clear guidelines. This policy serves to protect
Offenders from personal abuse, corporal punishment, personal injury, disease,
property damage, and harassment and provides for the resolution of Offender
grievances relating to health care concerns.

II. Authority:

A. GDC Board Rules: 125-2-4-.23;

B. GDC Standard Operating Procedures (SOP's): 103.63 Americans with

Disabilities Act (ADA) Title II Provisions, 204.10 Offender Use of the Goal
Device, 208.06 Prison Rape Elimination Act - (PREA) Sexually Abusive
Behavior Prevention and Intervention Program, 209.01 Offender Discipline,
209.05 Administrative Segregation, and 507.04.03 Inmate/Probationer Health
Concerns or Complaints; and

C. ACA Standards: 2-CO-3C-01, 4-4281 (Ref. 3-4268) (MANDATORY), 4-4284,

and 4-4394.

III. Definitions:

A. Active Grievance - A grievance that is currently being worked at the local

facility level and has not been resolved or appealed to the Commissioner’s level.

B. American with Disabilities Act (ADA) - As defined in SOP 103.63 Americans

with Disabilities Act (ADA), Title II Provisions.

C. Alternate Grievance Coordinator - The individual assigned by the Warden or

Superintendent to back-up and/or assist the Grievance Coordinator to manage the
grievance process at the local facility as the secondary point-of-contact.

D. Business Day - Monday through Friday excluding state holidays.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
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|Policy Name:Statewide Grievance Procedure|Policy Name:Statewide Grievance Procedure|Policy Name:Statewide Grievance Procedure|
|Policy Number: 227.02|Effective Date: 5/10/2019|Page Number: 2 of 19|
|Authority:
Commissioner|Originating Division:
Facilities Division|Access Listing:
Level II: Required Offender
Access
|

E. Calendar Day - Calendar Day is considered a 24-hour time period from

midnight to midnight Monday through Sunday.

F. Emergency Grievance - An unforeseen combination of circumstances, urgent

need, or the resulting state that calls for immediate action or relief through the
grievance process. (E.g. a situation involving a significant threat to the health,
safety or welfare of an Offender that requires prompt action)

G. Georgia Offender Alternative Learning (GOAL) Device - As defined in SOP

204.10 Offender Use of the Goal Device. Also known as the JPay Tablet.

H. Good Cause - A legitimate reason involving unusual circumstances that

prevented the Offender from timely filing a grievance, appeal, or Attachment 10,
Active Grievances Process Form. Examples include: serious illness, being
housed away from a facility covered by this procedure (such as being out on a
court production order or for medical treatment).

I. Grievance Coordinator - The individual assigned by the warden or

superintendent to manage the grievance process at the local facility and serve as
the primary point-of-contact.

J. JPay - As defined in SOP 204.10 Offender Use of the Goal Device.

K. Kiosk - As defined in SOP 204.10 Offender Use of the Goal Device.

L. Offender - A person who has been placed under the supervision of Georgia

Department of Corrections.

M. Physical Force Non-Compliance - Allegation of staff use of force that is NOT

in alignment with the letter of, the intent of, and the purpose of GDC written
policy and procedures.

N Physical Force Compliance - Allegation of staff use of force that is in alignment

with the letter of, the intent of, and the purpose of GDC written policy and
procedures.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Statewide Grievance Procedure|Policy Name:Statewide Grievance Procedure|Policy Name:Statewide Grievance Procedure|
|Policy Number: 227.02|Effective Date: 5/10/2019|Page Number: 3 of 19|
|Authority:
Commissioner|Originating Division:
Facilities Division|Access Listing:
Level II: Required Offender
Access
|

O. Sexual Abuse - As defined in SOP 208.06, Prison Rape Elimination Act –

(PREA) Sexually Abusive Behavior Prevention and Intervention Program.

P. Sexual Harassment - As defined in SOP 208.06 Prison Rape Elimination Act
(PREA) Sexually Abusive Behavior Prevention and Intervention Program.

IV. Statement of Policy and Applicable Procedures:

A. General Information:

1. Notice to Offenders. Upon entering the Department of Corrections, each

Offender must receive an oral explanation of the grievance procedure. The
Offender must also receive a copy of the Orientation Handbook for
Offenders, which includes instructions about the procedure. The Offender’s
receipt of an oral explanation of the grievance procedure and Orientation
Handbook will be noted in the Offender’s institutional file. Additionally,
Offenders may access a copy of this policy in its entirety at the facility
library.

2. No Offender may be denied access to this procedure.

a. Grievances must be initiated on the J-Pay Kiosk (Kiosk) at those facilities

with the Kiosk or the JPay Tablet (Tablet). All grievances shall be entered
into the Kiosk. If the Offender does not have access to the Kiosk, the
designated staff will initiate the grievance process in the JPay System link
on Captiva.

b. Grievance forms must be available in the control rooms of all living units

and must be provided upon request by an Offender that does not have
access to the Kiosk or the Tablet. For Offenders in isolation and
segregation areas, staff assigned to those areas must provide these forms
upon request by an Offender.

c. Offenders are not prohibited from assisting other Offenders from filling

out any forms attached to this SOP. They may not assist Offenders at the
Kiosk. One Offender may not file a grievance on behalf of another
Offender.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Statewide Grievance Procedure|Policy Name:Statewide Grievance Procedure|Policy Name:Statewide Grievance Procedure|
|Policy Number: 227.02|Effective Date: 5/10/2019|Page Number: 4 of 19|
|Authority:
Commissioner|Originating Division:
Facilities Division|Access Listing:
Level II: Required Offender
Access
|

d. Institutional staff will assist Offenders who need special help filling out

the grievance forms ( _i.e._, due to language barriers, illiteracy, or physical
or mental disability) upon request;

3. Retaliation against an Offender for filing a grievance is strictly prohibited.

The prohibited retaliation includes, but is not limited to, disciplinary action
against the Offender for filing a grievance.

4. Informal Dispute Resolution: The Department encourages Offenders to try to

resolve complaints on an informal basis before filing a grievance. However,
an Offender is not required to attempt an informal resolution before filing a
grievance.

5. The grievance procedure is not intended to circumvent routine administrative

processes ( _i.e._, clothing requests, sick call, etc.).

B. Grievances:

1. Grievable Issues: Except as provided below, an Offender may file a

grievance about any condition, policy, procedure, or action or lack thereof
that personally affects the Offender.

2. Non-grievable Issues: An Offender may not file a grievance about any of the

following issues:

a. Matters that do not personally affect the Offender;

b. Matters over which the Department has no control, including parole

decisions, sentences, probation revocations, court decisions, and any
matters established by the laws of the state;

c. Disciplinary actions, including any warnings, sanctions, fees, or

assessments: The disciplinary appeal procedure is located in SOP 209.01,
Offender Discipline;

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Statewide Grievance Procedure|Policy Name:Statewide Grievance Procedure|Policy Name:Statewide Grievance Procedure|
|Policy Number: 227.02|Effective Date: 5/10/2019|Page Number: 5 of 19|
|Authority:
Commissioner|Originating Division:
Facilities Division|Access Listing:
Level II: Required Offender
Access
|

d. Involuntary assignments to Administrative Segregation: The procedure to

appeal such assignment is located in SOP 209.06, Administrative
Segregation;

e. Co-pay charges assessed for health care: The procedure to appeal such

charges is located in SOP 507.04.03, Inmate/Probationer Health Concerns
or Complaints;

f. Transfers of Offenders between Facilities;

g. Housing assignments, program assignments, security classifications or

work assignments, unless there is an alleged threat to the Offender’s
health or safety. The procedure to appeal such assignments is located in
SOP 220.03, Classification Committee;

h. Requests for special religious accommodation outside the
accommodations allowed for by policy: The procedure to file a special
religious request is located in SOP 106.11, Religious Accommodations.
However, Offenders may file grievances regarding the Department or a
staff member’s alleged failure to adhere to current policy regarding
religious accommodations;

i. Sexual Abuse and Sexual Harassment shall be forwarded to the

Institutional Sexual Assault Response Team (SART) and processed
according to SOP 208.06, Prison Rape Elimination Act: Sexually Abusive
Behavior Prevention and Intervention Program;

j. GOAL Devices (Tablets) including issuance, usage, access, loss or

termination of privileges, repair or replacement of the Tablets, etc. An
issue with this device should be addressed at the facility with the J-Pay
Point of Contact designated by the Warden. Use of the Tablet is a
privilege, not a right.

3. An Offender may file a grievance alleging retaliation or harassment,

regardless of the form of the alleged retaliation or harassment.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Statewide Grievance Procedure|Policy Name:Statewide Grievance Procedure|Policy Name:Statewide Grievance Procedure|
|Policy Number: 227.02|Effective Date: 5/10/2019|Page Number: 6 of 19|
|Authority:
Commissioner|Originating Division:
Facilities Division|Access Listing:
Level II: Required Offender
Access
|

4. An Offender is limited to two (2) Active Grievances:

a. Active Grievances with Offender Access to the Kiosk/Tablet:

i. If an Offender’s new grievance would exceed the two (2) Active

Grievances limit, the Grievance Coordinator will advise the Offender,
via a JPay System message, that he may voluntarily drop one (1) of
the two (2) Active Grievances.

ii. The Offender must return a message, via the Kiosk/Tablet, to the

Grievance Coordinator, within five (5) days, stating that he or she
wishes to drop one of the active grievances and provide the Reference
Number of the grievance.

iii. If the Offender fails to respond via the Kiosk/Tablet, to the Grievance

Coordinator, within five (5) Calendar Days, then the third (3 [rd] )
grievance will be closed.

iv. If the Offender responds after five (5) Calendar Days, it may be

accepted with Good Cause.

b. Active Grievances without Offender access to the Kiosk/Tablet:

Attachment 10, must be used, by staff and the Offender, if the Kiosk/Tablet is
not used to process the grievance.

i. If an Offender’s new grievance exceeds the two (2) Active Grievances

limit, the Grievance Coordinator will advise the Offender, utilizing
Attachment 10, Active Grievances Process Form, that he may voluntarily
drop one of the (1) of the two (2) Active Grievance. The Grievance
Coordinator will enter the grievance in the JPay System and note that
Attachment 10, Active Grievances Process Form was forwarded to the
Offender.

ii. The Offender must return Attachment 10, Active Grievances Process

Form and the new grievance to his Counselor within five (5) Calendar
Days of receipt of Attachment 10, to drop one (1) of the two (2)

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Statewide Grievance Procedure|Policy Name:Statewide Grievance Procedure|Policy Name:Statewide Grievance Procedure|
|Policy Number: 227.02|Effective Date: 5/10/2019|Page Number: 7 of 19|
|Authority:
Commissioner|Originating Division:
Facilities Division|Access Listing:
Level II: Required Offender
Access
|

Active Grievances. The Counselor will then forward Attachment 10,
Active Grievances Process Form and the new grievance back to the
Grievance Coordinator. The Grievance Coordinator will enter this
information in the JPay system and drop the appropriate grievance.

iii. If the Offender fails to return Attachment 10, Active Grievances

Process Form, to the Grievance Coordinator, within five (5) Calendar
Days, then the third (3 [rd] ) grievance will be closed.

iv. If the Offender returned Attachment 10, Active Grievances Process

Form after five (5) Calendar Days, it may be accepted with Good
Cause.

c. The Department will not further review a dropped grievance and the

Offender’s ability to file a grievance or otherwise seek administrative
review for the subject matter of a dropped grievance will be forfeited.

5. The following do not count toward the two (2) Active Grievance limit and

will be processed:

a. A grievance submitted by the Offender as an Emergency Grievance, and

determined by the Duty Officer to be an Emergency Grievance;

b. A grievance that involves allegations of physical abuse with significant

injury to the Offender;

c. A grievance that the Grievance Coordinator determines involves an

important issue of prison security or administration, such as a serious
threat to life, health, or safety; and

d. A grievance that involves allegations of ADA violations: Offenders with

communication disabilities will be provided effective communication for the
grievance process pursuant to SOP 103.63 IV.E.

6. Grievances will be rejected that include threats, profanity, insults, or racial

slurs that are not a part of the Offender’s complaint.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Statewide Grievance Procedure|Policy Name:Statewide Grievance Procedure|Policy Name:Statewide Grievance Procedure|
|Policy Number: 227.02|Effective Date: 5/10/2019|Page Number: 8 of 19|
|Authority:
Commissioner|Originating Division:
Facilities Division|Access Listing:
Level II: Required Offender
Access
|

7. Range of Remedies: Remedies include all reasonable and effective

resolutions, which may range from corrective action by the
Warden/Superintendent up to statewide policy changes by the Commissioner.
Monetary awards are not allowed, except for missing or damaged property
claims.

C. The Grievance procedure has two (2) Steps. Step 1: Original Grievance and Step

2: Central Office Appeal:

1. Step 1: Original Grievance:

a. The Offender’s complaint and requested relief must be stated legibly and

in writing in the space provided using the Kiosk/Tablet or the Grievance
Form. Only one (1) additional page may be attached to the paper
Grievance Form and the Offender may write on only one (1) side of the
page.

b. The complaint must be a single issue/incident and must be submitted no

later than ten (10) Calendar Days from the date the Offender knew, or
should have known, of the facts giving rise to the grievance. Grievances
filed later than ten (10) days may only be considered upon Good Cause.

c. Submitting the grievance on the Kiosk/Tablet will initiate the grievance

process giving a date and time stamp that will serve as the Offender’s
receipt. This step also provides a Reference Number which will serve as
the Grievance number.

d. If the Offender submits a paper Grievance, the Offender must sign and

hand-deliver the Grievance Form to any Counselor. Immediately upon
receipt of the grievance, the Counselor must give the Offender the receipt
from the bottom of the Grievance Form and give the Grievance to the
Grievance Coordinator. Grievances submitted through the mail (in-house
or U.S. Postal Services) will not be processed except for Good Cause.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Statewide Grievance Procedure|Policy Name:Statewide Grievance Procedure|Policy Name:Statewide Grievance Procedure|
|Policy Number: 227.02|Effective Date: 5/10/2019|Page Number: 9 of 19|
|Authority:
Commissioner|Originating Division:
Facilities Division|Access Listing:
Level II: Required Offender
Access
|

e. Screening:

i. The Grievance Coordinator will screen the grievance. During

screening, the Grievance Coordinator may:

1) Accept the grievance for processing;

2) Recommend that the Warden/Superintendent reject the grievance

pursuant to one (1) of the categories listed in subsection
IV.C.1.e.ii, below; or

3) If there are two (2) Active Grievances, advise the Offender per

the process outlined in IV.B.4.

ii. The Warden/Superintendent or designee should reject the grievance,

via the JPay System or on paper if it:

1) Raises a non-grievable issue as defined in Paragraph IV.B.2.;

2) Is not filed timely; however, the Grievance Coordinator may

waive the time limit for Good Cause;

3) Includes threats, profanity, insults, or racial slurs that are not a

part of the Offender’s complaint;

4) Raises more than one (1) issue/incident; or

5) Contains any extra pages other than those allotted and has any

writing on the backside of a page.

iii. Grievances rejected by the Warden/Superintendent shall be returned

to the Grievance Coordinator, who will send the
Warden’s/Superintendent’s decision, Attachment 11,
Warden’/Superintendent’s Rejected Grievance Response to the
Offender via a message on the JPay System or by the Counselor. The
Warden’s response delivered to the Offender via the Kiosk/Tablet will

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Statewide Grievance Procedure|Policy Name:Statewide Grievance Procedure|Policy Name:Statewide Grievance Procedure|
|Policy Number: 227.02|Effective Date: 5/10/2019|Page Number: 10 of 19|
|Authority:
Commissioner|Originating Division:
Facilities Division|Access Listing:
Level II: Required Offender
Access
|

be time and date stamped upon receipt. When the Warden’s response
is delivered by the Counselor, a copy of Attachment 11,
Warden’s/Superintendent’s Rejected Grievance Response, must be
given to the Offender and the Offender must sign and acknowledge
receipt.

iv. Wardens/Superintendents must still act on the information contained

in a rejected grievance that concerns the health or safety of any person
in accordance with good prison management.

v. The Offender may appeal the Warden’s/Superintendent’s decision to

reject the grievance to Central Office.

vi. All grievances shall be entered into the JPay System by the Grievance

Coordinator/designee.

f. Processing:

i. The Grievance Coordinator shall appoint an appropriate staff member

to thoroughly investigate the Offender’s complaint. The investigation
may include interviewing the Offender, interviewing witnesses, taking
statements, and obtaining documents.

ii. Upon completing the investigation, the staff member must write a

complete report, attaching all relevant documentation, and submit it to
the Grievance Coordinator. (Refer to Attachment 2, Staff Local
Investigative Form) The report must contain:

1) A summary of the facts surrounding Offender’s complaint;

2) The staff member’s conclusions; and

3) A recommendation for resolution.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Statewide Grievance Procedure|Policy Name:Statewide Grievance Procedure|Policy Name:Statewide Grievance Procedure|
|Policy Number: 227.02|Effective Date: 5/10/2019|Page Number: 11 of 19|
|Authority:
Commissioner|Originating Division:
Facilities Division|Access Listing:
Level II: Required Offender
Access
|

iii. The Grievance Coordinator will then review the staff report and

submit a recommendation, via the JPay System, to the
Warden/Superintendent, to grant or deny the grievance.

iv. The Warden/Superintendent or Designee will then review the

grievance, the staff report, and the Grievance Coordinator’s
recommendation and issue a decision to grant or deny the grievance.
The decision must be in writing and must state the reasons for the
decision.

v. The Warden/Superintendent has forty (40) Calendar Days from the date

the Offender submitted the Grievance Form to deliver the decision to the
Offender. A one-time, ten (10) Calendar Days-extension may be granted;
however, the Offender must be advised, in writing or via the Kiosk/Tablet,
of the extension prior to the expiration of the original forty (40) Calendar
Days.

vi. The Warden/Superintendent or Designee will send the grievance

decision, via the JPay System, to the Grievance Coordinator, who will
notify the Offender via the Kiosk/Tablet or send the decision to the
Offender’s Counselor, utilizing Attachment 4,
Warden’s/Superintendent’s Response Form, if the Offender does not
have access to the Kiosk/Tablet. The Counselor must then give the
decision to the Offender and have the Offender sign an
acknowledgement of receipt.

vii. A copy of the grievance, the staff report (including any attachments to

the staff report), the recommendation, and the
Warden’s/Superintendent’s decision will be maintained in the JPay
database.

viii. The Offender may appeal the Warden’s/Superintendent’s decision to
Central Office via the Kiosk/Tablet or by utilizing Attachment 5,
Grievance Appeal to Central Office Form.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Statewide Grievance Procedure|Policy Name:Statewide Grievance Procedure|Policy Name:Statewide Grievance Procedure|
|Policy Number: 227.02|Effective Date: 5/10/2019|Page Number: 12 of 19|
|Authority:
Commissioner|Originating Division:
Facilities Division|Access Listing:
Level II: Required Offender
Access
|

g. Referral to the Office of Professional Standards, Criminal Investigation

Division by Region:

i. Rejected Grievances: Grievances with Physical Force allegations that

are deemed to be Non-Compliance, but satisfy the criteria for
rejection pursuant to Paragraph (IV) (C) (1) (e) (ii) shall be rejected.
Although the grievance has been rejected pursuant to policy
guidelines, an investigation is warranted due to the nature of the
allegation. The facility shall forward a copy of the grievance packet
containing all relevant information to the Criminal Investigation
Division by Region for review and any action deemed appropriate.

Although the grievance has been rejected, the investigative process
will continue. Attachment 12, Rejected: Notification of Referral to the
Office of Professional Standards will be given to the Offender, Via
the Kiosk/Tablet or send the decision to the Offender’s Counselor, if
the Offender does not have access to the Kiosk/Tablet. The Counselor
must then give the decision to the Offender and have the Offender
sign an acknowledgement of receipt. Upon the completion of the
investigation conducted by the Criminal Investigation Division, the
Offender will be notified.

ii. Accepted Grievances: If a grievance alleges Physical Force and is

deemed to be Non-Compliance and is accepted, the facility shall
forward a copy of the grievance packet containing all relevant
information to the Criminal Investigation Division by Region for
review and any action deemed appropriate.

Attachment 6, Accepted: Notification of Referral to the Office of
Professional Standards will be given to the Offender, via the
Kiosk/Tablet or sent to the Offender’s Counselor, if the Offender does
not have access to the Kiosk/Tablet. The Offender must sign an
acknowledgement of receipt when the Counselor gives the decision to
the Offender. This action effectively closes the grievance. This
decision is not appealable. Although the grievance is closed, the
investigative process will continue. The Offender shall receive a

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
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|Policy Name:Statewide Grievance Procedure|Policy Name:Statewide Grievance Procedure|Policy Name:Statewide Grievance Procedure|
|Policy Number: 227.02|Effective Date: 5/10/2019|Page Number: 13 of 19|
|Authority:
Commissioner|Originating Division:
Facilities Division|Access Listing:
Level II: Required Offender
Access
|

response upon the completion of the investigation conducted by the
Criminal Investigation Division.

h. Referral to the Facility ADA Coordinator: Grievances from Offenders

with disabilities who are grieving requests for accommodation or ADA
related complaints shall be forwarded to the Facility ADA Coordinator
and processed pursuant to and within the timelines established in SOP
103.63, Americans with Disabilities Act ADA), Title II Provisions;

i. Rejected Grievances: Grievances with Americans with Disabilities

Act allegations that satisfy the criteria for rejection pursuant to
Paragraph (IV) (C) (1) (e) (ii) shall be rejected. Although the
grievance has been rejected pursuant to policy guidelines, an
investigation is warranted due to the nature of the allegation. The
facility shall forward a copy of the grievance packet containing all
relevant information to the Facility ADA Coordinator for processing
in accordance with SOP 103.63 Americans with Disabilities Act
(ADA), Title II Provisions.

Although the grievance has been rejected, the investigative process
will continue in accordance with SOP 103.63 Americans with
Disabilities Act (ADA), Title II Provisions. Attachment 13, Rejected:
Notification of Referral to the Facility ADA Coordinator will be
given to the Offender, Via the Kiosk/Tablet or send the decision to the
Offender’s Counselor, if the Offender does not have access to the
Kiosk/Tablet. The Counselor must then give the decision to the
Offender and have the Offender sign an acknowledgement of receipt.
Upon the completion of the investigation conducted by the Facility
ADA Coordinator, the Offender will be notified.

ii. Accepted Grievances: If a grievance alleges Americans with

Disabilities Act allegations and is accepted, the facility shall forward
a copy of the grievance packet containing all relevant information to
the Facility ADA Coordinator for processing in accordance with SOP
103.63 Americans with Disabilities Act (ADA), Title II Provisions.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Statewide Grievance Procedure|Policy Name:Statewide Grievance Procedure|Policy Name:Statewide Grievance Procedure|
|Policy Number: 227.02|Effective Date: 5/10/2019|Page Number: 14 of 19|
|Authority:
Commissioner|Originating Division:
Facilities Division|Access Listing:
Level II: Required Offender
Access
|

Attachment 14, Accepted: Notification of Referral to the Facility
ADA Coordinator will be given to the Offender, via the Kiosk/Tablet
or sent to the Offender’s Counselor, if the Offender does not have
access to the Kiosk/Tablet. The Offender must sign an
acknowledgement of receipt when the Counselor gives the decision to
the Offender. This action effectively closes the grievance. This
decision is not appealable. Although the grievance is closed, the
investigative process will continue in accordance with SOP 103.63
Americans with Disabilities Act (ADA), Title II Provisions. The
Offender shall receive a response upon the completion of the
investigation conducted by the Facility ADA Coordinator.

2. Step 2: Central Office Appeal:

a. The Offender may file a Central Office Appeal only after:

i. The Offender receives the Warden’s/Superintendent’s response to the

grievance via the Kiosk/Tablet or the Grievance Coordinator; or

ii. The time allowed for the Warden’s/Superintendent’s decision to be

given to the Offender has expired.

Note: Offenders may not appeal accepted grievances forwarded
to Criminal Investigations or those forwarded to the Facility ADA
Coordinator.

b. The Offender has seven (7) Calendar Days from the Warden’s response

date to file a Central Office Appeal. The Grievance Coordinator or
Commissioner’s Designee may waive this time limit for Good Cause.

c. The Offender must send an appeal via the Kiosk/Tablet or fill out and

sign Attachment 5, Central Office Appeal Form and give it to his/her
Counselor. The Counselor must sign and date the Central Office Appeal
Form and must give the Offender the receipt, which is the bottom portion
of Attachment 5, Central Office Appeal Form.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Statewide Grievance Procedure|Policy Name:Statewide Grievance Procedure|Policy Name:Statewide Grievance Procedure|
|Policy Number: 227.02|Effective Date: 5/10/2019|Page Number: 15 of 19|
|Authority:
Commissioner|Originating Division:
Facilities Division|Access Listing:
Level II: Required Offender
Access
|

d. The Grievance Coordinator must ensure the Grievance, the
Warden’s/Superintendent’s decision, Attachment 5, Central Office
Appeal Form, and any supporting documentation is electronically entered
into the JPay System for the Commissioner’s Designee to review.

e. The Commissioner or his/her designee has 120 Calendar Days after

submission of the Central Office Appeal Form to deliver a decision to the
Offender.

f. The Commissioner’s designee will send the Central Office Appeal

decision to the facility Grievance Coordinator, via the JPay System. The
Grievance Coordinator will notify the Offender, Via the Kiosk/Tablet or
send the decision to the Offender’s Counselor, if the Offender does not
have access to the Kiosk/Tablet. The Counselor must then give the
decision to the Offender and have the Offender sign an acknowledgement
of receipt.

g. If the Commissioner or the Commissioner’s designee determines that a

grievance should have been accepted by the facility and processed, the
grievance will be returned to the facility for investigation, via the JPay
System. The Warden/Superintendent will have fifteen (15) calendar days
from receipt of the returned grievance to process and deliver the decision
to the Offender, via the JPay System. If the Offender does not have access
to a Kiosk/Tablet, a paper copy will be provided utilizing Attachment 4,
Warden’s/Superintendent’s Grievance Response. Once the Offender
receives the Warden’s 2 [nd] response, the Offender will have seven (7)
calendar days from the Warden’s response date to file the 2 [nd] Central
Office Appeal.

D. Emergency Grievance Procedure:

1. Emergency Grievances must be immediately referred to the Duty Officer.

The Duty Officer shall be responsible for monitoring the JPay System during
each duty rotation and is responsible for the following:

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Statewide Grievance Procedure|Policy Name:Statewide Grievance Procedure|Policy Name:Statewide Grievance Procedure|
|Policy Number: 227.02|Effective Date: 5/10/2019|Page Number: 16 of 19|
|Authority:
Commissioner|Originating Division:
Facilities Division|Access Listing:
Level II: Required Offender
Access
|

2. The Duty Officer must determine if the Grievance fits the definition of an

Emergency Grievance. If it does, the Duty Officer must immediately take
whatever action necessary to protect the health, safety, or welfare of the
Offender, and provide an initial response within 48-hours. This information
shall be documented, and the Offender must be given a written response, via
the Kiosk/Tablet, to his Emergency Grievance within five (5) Calendar Days.

3. If the Duty Officer determines that the grievance does not fit the definition of

an Emergency Grievance, the Emergency Grievance will be closed. The
reason why the grievance is not considered an emergency, must be
documented and the Offender must be notified of this, via the JPay
Kiosk/Tablet, within five (5) Calendar Days. The Offender can then file a
new grievance, within ten (10) Calendar Days of the notification, if the new
grievance meets the requirements of this SOP.

E. Administration and Record-keeping for the Grievance Procedure:

1. The Commissioner may delegate his/her authority over grievance matters to a

designee.

2. Confidentiality of Grievances:

a. All paper copies of grievances and related documents retained at the

institution must be kept in a local working file within the office of the
Grievance Coordinator in a locked cabinet. Paper copies of grievance
documents retained by Central Office staff must be kept in a separate file.
Electronic grievance documents must have similar restricted access. If
there is a scanning process available to the Grievance Coordinator at the
local level or the Commissioner’s Designee at the Central Office level,
then once the decision is made, the local working file may be scanned
into a PDF file. This file will be assigned a unique file name following
the statewide guidelines and stored in a secured, limited access folder on
the network. Grievances processed via the JPay System will be
maintained on that JPay Server.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Statewide Grievance Procedure|Policy Name:Statewide Grievance Procedure|Policy Name:Statewide Grievance Procedure|
|Policy Number: 227.02|Effective Date: 5/10/2019|Page Number: 17 of 19|
|Authority:
Commissioner|Originating Division:
Facilities Division|Access Listing:
Level II: Required Offender
Access
|

b. A Grievance must not be placed in the Offender’s file or referred to in

SCRIBE case notes.

c. Grievances may be made available to staff members involved only to the

extent necessary for processing the Grievance or for an audit.

3. Grievance Coordinator: The Warden/Superintendent must appoint a

Grievance Coordinator and an Alternate Grievance Coordinator.

4. Grievance Coordinator Duties:

a. Ensure compliance with the Grievance SOP;

b. Maintain the JPay System records on grievances;

c. Retain all paper records and documentation relevant to grievances as

provided by this policy;

d. Coordinate the timely investigation of grievances.

5. When a grievance is filed in reference to a different facility, the Grievance

Coordinator at the Offender’s current facility will notify the Grievance
Coordinator at the originating facility via the JPay system for screening and
processing. Once the Warden’s Response is entered by the originating
facility, the Offender will be notified via the Kiosk/Tablet. If the Offender
does not have access to the Kiosk/Tablet, the Offender will be notified in
writing.

6. Employee Training: All facility employees will be required to attend

grievance training. The training officer will document this annually.

7. Deadlines and time calculation: If the final day of a deadline falls on a day

that is not a Business Day, then the deadline expires on the next Business
Day.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Statewide Grievance Procedure|Policy Name:Statewide Grievance Procedure|Policy Name:Statewide Grievance Procedure|
|Policy Number: 227.02|Effective Date: 5/10/2019|Page Number: 18 of 19|
|Authority:
Commissioner|Originating Division:
Facilities Division|Access Listing:
Level II: Required Offender
Access
|

8. Released or Transferred Offenders: Facilities shall continue to screen and

process grievances of Offenders who were subsequently released or
transferred from the facility after the grievance was filed.

9. If the Offender filed a Central Office appeal of the
Warden’s/Superintendent’s decision prior to being released, the appeal will
not be processed.

10. If an Offender does not have access to a Kiosk/Tablet, the grievance process

will be maintained by staff in the JPay System. Written responses will be
provided to the Offender in every step and manually entered into the JPay
System.

F. Evaluation of the Grievance Procedure:

1. The Office of Professional Standards, Audits and Compliance Unit must

audit and evaluate the grievance process at least once every twelve (12)
months.

2. The Office of Information and Technology will generate semi-annual reports

regarding the number and type of grievances filed and will present those
reports to the Commissioner, the Director of Field Operations, and the
General Counsel of the Department.

V. Attachments:
# Attachment 1: Offender Grievance Form; Attachment 2: Staff Local Investigative Form; Attachment 3: Witness Statement Form; Attachment 4: Warden’s/Superintendent’s Response Form; Attachment 5: Grievance Appeal to Central Office Form; Attachment 6: Accepted: Notification of Referral to Office of Professional Standards; Attachment 7: Grievance Rejection Code Form; Attachment 8: Grievance Resolution/Drop Form; Attachment 9: Central Office Appeal Response Form;

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Statewide Grievance Procedure|Policy Name:Statewide Grievance Procedure|Policy Name:Statewide Grievance Procedure|
|Policy Number: 227.02|Effective Date: 5/10/2019|Page Number: 19 of 19|
|Authority:
Commissioner|Originating Division:
Facilities Division|Access Listing:
Level II: Required Offender
Access
|

# Attachment 10: Active Grievances Process Form; Attachment 11: Warden’s/Superintendent’s Rejected Grievance Response; Attachment 12: Rejected: Notification of Referral to the Office of Professional Standards; Attachment 13: Rejected: Notification of Referral to the Facility ADA Coordinator; and Attachment 14: Accepted: Notification of Referral to the Facility ADA Coordinator.

VI. Record Retention of Forms Relevant to this Policy:

All Grievance related paper documents shall be retained in the Grievance
Coordinator’s file for four (4) years after the final disposition of the grievance and
then destroyed. All grievance related documents within the JPay System will be
permanently maintained.