1. (1) An adult in custody may only request review of one issue, action, or incident per grievance.

   1. (a) If multiple employees or functional units are involved in a single incident or issue, each should be included in a single grievance and one grievance response will be prepared from the most appropriate individual, at the discretion of the institution grievance coordinator.
   2. (b) For the purposes of a specialty committee, only one grievance shall be submitted for the incident or issue.
2. (2) An adult in custody may not file more than one accepted grievance or discrimination complaint regarding a single incident or issue, regardless of incident date, unless substantial new information is available about the incident or issue.

3. (3) An adult in custody may file a single grievance concerning any incident or issue regarding institutional life that directly and personally affects that adult in custody, including but not limited to:

   1. (a) Misapplication of departmental policies, rules, or other directives;
   2. (b) Unprofessional actions of employees, volunteers, or contractors of the Department of Corrections or Oregon Corrections Enterprises;
   3. (c) Inadequate medical or mental health treatment; and
   4. (d) Excessive use of force by department employees.

4. (4) An adult in custody cannot file a grievance regarding the following:

   1. (a) Any matter that does not directly and personally affect the adult in custody;
   2. (b) Any matter in which the adult in custody lacks personal knowledge of the incident or issue;
   3. (c) Any matter that is outside of the jurisdiction of the department (for example, actions by the Board of Parole and Post-Prison Supervision);

   4. (d) Any matter that may be reviewed through a separate review process under the department’s rules. Examples include, but are not limited to, the review processes set out in the following department rules:

      1. (A) Segregation (Administrative) – (OAR 291-046)
      2. (B) Alternative Incarceration Programs – (OAR 291-062)
      3. (C) Classification – (OAR 291-104)
      4. (D) Cost of Care Reimbursement – (OAR 291-203)
      5. (E) Discrimination Complaint Review System – (OAR 291-006)
      6. (F) Informed Consent to Treatment with Psychotropic Medication – (OAR 291-064)
      7. (G) Mail – (OAR 291-131)
      8. (H) Prison Term Modification – (OAR 291-097)
      9. (I) Security Threat Management – (OAR 291-069)
      10. (J) Trust Accounts – (OAR 291-158)
      11. (K) Visiting – (OAR 291-127)
   5. (e) Daily fails as defined in the DOC rule on Performance Recognition and Award System - (OAR 291-077-0033);
   6. (f) Conduct orders, investigations leading to a conduct order, or conduct order sanction(s);
   7. (g) Misconduct reports, investigations leading to or arising from misconduct reports, or disciplinary hearings, findings, and sanctions;
   8. (h) Claims the adult in custody has pursued or is pursuing in pending litigation in state or federal courts;
   9. (i) The processing of, response to, or late response to grievances, grievance appeals, discrimination complaints, discrimination complaint appeals, or other separate review processes; and
   10. (j) Group grievances representing other adults in custody, or acts where an adult in custody is a spokesperson for other adults in custody.

Statutory/Other Authority

ORS 179.040, 179.321, 423.020, 423.030 & 423.075

Statutes/Other Implemented

ORS 179.040, 179.321, 423.020, 423.030 & 423.075

History

DOC 29-2024, amend filed 12/30/2024, effective 01/01/2025
DOC 15-2024, temporary amend filed 07/18/2024, effective 08/01/2024 through 01/27/2025
DOC 16-2019, adopt filed 10/18/2019, effective 10/18/2019