1. (a) All grievances shall be transmitted without alteration, interference, or delay.
2. (b) Except as noted in Cor 313.04 (j), a Level I grievance shall not be accepted unless it demonstrates that the formal complaint process has been utilized and exhausted.
3. (c) Grievances shall be filed within 15 days of the date of the response to the formal complaint.

4. (d) Level I grievances shall be directed to the appropriate warden, director, or administrator as follows:

   1. (1) Items controlled by security staff, to the warden or director;
   2. (2) Maintenance, laundry, and food issues, to the director of administration;
   3. (3) Resident account issues, to the director of administration;
   4. (4) Medical, dental, and pharmacy issues, to the director of medical and forensics;
   5. (5) Behavioral health issues, to the director of medical and forensics;
   6. (6) Disciplinary hearings, claims, or investigations issues, to the professional standards director;
   7. (7) Classification and client record issues, to the administrator of classification and client records;
   8. (8) Community corrections and program issues, to the director of community corrections and programs; and
   9. (9) Probation and parole issues, to the director of field services.
5. (e) Level I grievances shall be limited to one subject per grievance.
6. (f) Residents who demonstrate a valid reason for a delay shall have an extension in the filing time granted. Requests for extension shall be made using the “Request Slip” form pursuant to Cor 312. Those on probation or parole shall be required to submit a request in writing to the appropriate authority.

7. (g) Valid reasons for a delay shall include, but not be limited to:

   1. (1) Probationer, parolee, or facility resident illness or hospitalization;
   2. (2) Death in the family; or
   3. (3) No access to writing materials.
8. (h) Grievances shall be date stamped on the date of receipt whether electronically or manually. The date stamp shall be the controlling factor when determining timelines.
9. (i) A grievance tracking form shall be utilized by the warden, director, or administrator to record the receipt of and responses to resident grievances.

10. (j) The keeper of the grievance tracking form shall include on the form:

    1. (1) Probationer, parolee, or facility residents name;
    2. (2) Identification number;
    3. (3) Date of receipt of the grievance;
    4. (4) Nature of the grievance;
    5. (5) A summary of the reply to the grievance;
    6. (6) Date the grievance was responded to, and
    7. (7) Additional comments, which may be pertinent to the grievance.

11. (k) Residents filing a grievance either electronically or on a paper form shall ensure the “Grievance Form” contains sufficient detail to allow for investigation, which shall include at a minimum, but not limited to be:

    1. (1) The resident or grievant name;
    2. (2) The resident or grievant identification number;
    3. (3) The resident or grievant address or housing assignment;
    4. (4) The date in which the form is being completed;
    5. (5) The description of the grievance to include the violation of policy, rule, or law as well as the date and location of the occurrence;
    6. (6) The name(s) of departmental staff involved;
    7. (7) The name of witnesses (if applicable); and
    8. (8) The relief or action that is sought.
12. (l) The warden, director, or administrator shall review the grievance, direct an investigation to be conducted if necessary, and respond to the grievance.
13. (m) If the grievance exceeds the warden, director or administrator’s authority, the grievance shall be forwarded to the person with the authority to respond appropriately.
14. (n) The Level I grievance process shall be skipped when the resident can demonstrate that using the Level I grievance process is likely to result in identifiable risk or harm to his or her physical safety or psychological well-being. An un-supported allegation of fear of retaliation shall not be sufficient.
15. (o) Inquiry into requests shall be factual.
16. (p) Residents shall be notified of the facts and resolution in writing.

17. (q) Grievances shall be responded to within 30 calendar days of receipt by:

    1. (1) Granting the relief requested if the complaint is validated during the investigation process;
    2. (2) Denying the relief requested if the complaint is deemed to be unfounded during the investigation process; or
    3. (3) Referring the resident to the appropriate staff or area to address the formal complaint, when, and if, it has been determined to be beyond the authority of the NHDOC.
18. (r) If investigation into the subject matter of the Level I grievance requires additional time for investigation, an additional 30 days shall be available. The resident shall be notified of any extension before the initial 30 calendar days expires.
19. (s) Residents shall be notified of the findings and what the resolution is in writing following the completion of the investigation. After the resident has received the outcome, he or she may choose to elevate the complaint to a Level II grievance, and all actions executed within Cor 313.05 shall satisfy the requirement to demonstrate the Level 1 grievance process has been fully exhausted.

Source. #12792, eff 5-25-19