- (a) A resident shall attempt informal resolution before filing a grievance under this section.
(b) A grievance shall be written by a resident on their own behalf and contain complaints such as, but not limited to:
- (1) Discipline imposed under the disciplinary system;
- (2) Allegations of mistreatment or abuse;
- (3) His or her classification assignment; and
- (4) Violations of any statute or rule.
- (c) The grievance procedure shall afford a successful grievant a meaningful remedy.
- (d) Residents shall not be treated adversely for complaining, filing a grievance, or filing a lawsuit.
- (e) Every resident shall be entitled to utilize the grievance procedure regardless of any disciplinary, classification, or administrative decision to which the resident may be subject.
- (f) Residents who submit 3 or more complaints or grievances that are found to be baseless, or not made in good faith, shall be subject to administrative disciplinary measures.
- (g) All residents shall be informed of the grievance procedure during the orientation period, and shall receive instruction on locating these procedures within the resident handbooks.
- (h) Residents shall not submit a request or grievance on behalf of another resident without requesting approval to do so from the director or warden, by completing and submitting a “Request Slip” form pursuant to Cor 312, and obtaining such approval. Approval shall be granted if the director, warden, or designee determines there exist circumstances which would warrant such assistance, including, but not limited to, a resident who has a medical or mental health condition, disability, or language barrier that would inhibit the ability to submit the request independently.
- (i) Residents shall utilize the electronic versions of the “Request Slip” form and “Grievance Form” unless staff can articulate and document that giving access to the required device might result in injury to the resident or may result in damage to the device.
- (j) Individuals originally sentenced to the NHDOC that are housed in a county or federal facility or pursuant to an interstate compact shall utilize the grievance system of the jurisdiction where housed.
- (k) Records of a resident utilizing the grievance procedure shall be considered confidential and shall not be disclosed to other residents.
(l) The grievance process shall be a 3-tiered system consisting of:
- (1) A formal complaint;
- (2) A level I grievance; and
- (3) A level II grievance.
(m) Residents may send confidential in-house formal complaints and grievances in sealed envelopes to the:
- (1) Commissioner;
- (2) Warden;
- (3) Director;
- (4) Medical staff;
- (5) Behavioral health staff; and
- (6) Investigations bureau.
Source. #12792, eff 5-25-19; ss by #13154, eff 1-5-21 (See Revision Note #4 at chapter heading for Cor 300)