Fla. Admin. Code Ann. R. 33-103.001 - Inmate Grievances - General Policy
(1) The purpose of the grievance procedure is
to provide an inmate with a channel for the administrative settlement of a
grievance. In addition to providing the inmate with the opportunity of having a
grievance heard and considered, this procedure will assist the department by
providing additional means for internal resolution of problems and improving
lines of communication. This procedure will also provide a written record in
the event of subsequent judicial or administrative review. The inmate grievance
procedure was fully certified by the United States Department of Justice in
March, 1992, pursuant to the requirements of Sections
944.09
and
944.331,
F.S.
(2) Each inmate shall be
entitled to invoke the grievance procedure regardless of any disciplinary,
classification or other administrative action or legislative decision to which
the inmate may be subject. Each institution shall ensure that the grievance
mechanism is accessible to inmates who have disabilities. This may be
accomplished by providing assistance through the institution library if
requested.
(3) No purported inmate
grievance presented that violates the provisions of subsection
33-602.203(7),
F.A.C., including any purported grievance that presents a copyright or
attempted copyright of an inmate's name, absent prior written authorization
from the warden, shall be treated or processed as a grievance. Any purported
inmate grievance that violates the provisions of subsection
33-602.203(7),
F.A.C., shall be treated as contraband, shall not be processed as a grievance
or returned to the inmate, is not a grievance, and shall not constitute any
step of the grievance process for purposes of exhaustion. When such a purported
grievance is submitted and contains any allegation of physical abuse, excessive
force, or sexual abuse, or any other allegation that, if true, would put the
inmate's physical well-being in jeopardy, the allegation(s) shall be reported
to the Office of the Inspector General. Any purported grievance containing such
an allegation shall, nonetheless, be treated as contraband, shall not be
processed as a grievance or returned to the inmate, is not a grievance, and
shall not constitute any step of the grievance process for the purposes of
exhaustion.
(4) Inmates can file
complaints regarding the following matters:
(a) The substance, interpretation, and
application of rules and procedures of the department that affect them
personally;
(b) The interpretation
and application of state and federal laws and regulations that affect them
personally;
(c) Reprisals against
inmates for filing a complaint or appeal under the inmate grievance procedure,
or for participating in an inmate grievance proceeding;
(d) Incidents occurring within the
institution that affect them personally;
(e) Conditions of care or supervision within
the authority of the Florida Department of Corrections, except as noted
herein.
(5) Inmates
cannot file complaints regarding the following matters:
(a) The substance of State and federal court
decisions;
(b) The substance of
State and federal laws and regulations;
(c) Parole decisions;
(d) Other matters beyond the control of the
department.
(6) Staff in
the Bureau of Policy Management and Inmate Appeals shall have unlimited access
to information required to respond to inmate grievances and appeals. All
department employees are required to cooperate with staff in the inmate
grievance office by providing accurate and timely information.
Notes
Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS.
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