139. Grievance procedures. 1. The commissioner shall establish, in each correctional institution under his jurisdiction, grievance resolution committees to resolve grievances of persons within such correctional institution. Such grievance resolution committees shall consist of five persons four of whom shall be entitled to vote, two of whom shall be inmates of such correctional institution, and a non-voting chairman.
2. The commissioner shall promulgate rules and regulations establishing such procedures for the fair, simple and expeditious resolution of grievances as shall be deemed appropriate, having due regard for the constitutions and laws of the United States and of the state of New York. Such procedures shall include but not be limited to setting time limitations for the filing of complaints and replies thereto and for each stage of the grievance resolution process.
3. A person aggrieved by the decision of a grievance resolution committee may apply to the commissioner for review of the decision. The commissioner or his deputy may take such action as he deems appropriate to fairly and expeditiously resolve the grievance to the satisfaction of all parties.
4. The commission shall annually evaluate and assess the grievance procedures in correctional facilities, and make any recommendations with respect to the proper operation or improvement of the grievance procedures and provide such report to the commissioner and the chairmen of the senate codes and crime and corrections and assembly codes and correction committees.
5. The commissioner shall semi-annually report to the chairmen of the senate codes and crime and corrections committees and the assembly codes and correction committees on the nature and type of inmate grievances and unusual incidents, by facility.
6. The commissioner shall, upon request, provide the commission with any information or data necessary for the commission to carry out the mandates of this section.
Last modified: February 3, 2019