Section 310.11. Processing complaints at the institution level.

 

(1)  ICE staff shall collect all complaints.

(2)  The ICE shall assign each complaint a file number, classification code, and date for purposes of identification. The ICE shall review and acknowledge each complaint in writing within 5 working days after the date of receipt by the ICE.

(3)  The ICE shall use discretion in deciding the method best suited to determine the facts, including personal interviews, telephone calls, and document review, except that the processing of complaints under s. DOC 310.08 (3) shall be limited to review of the record. The ICE shall give priority to complaints dealing with health or p ersonal safety.

(4)  The ICE shall direct complaint recommendations to the appropriate reviewing authority.

(5)  The ICE may reject a complaint for the following reasons:

(a) The inmate submitted the complaint solely for the purpose of harassing or causing malicious injury to one or more of the department's employees, agents, independent contractors, or any other person.

(b) The inmate does not raise a significant issue regarding rules, living conditions, or staff actions affecting institution environment.

(c) The inmate does not allege sufficient facts upon which redress may be made.

(d) The inmate submitted the complaint beyond 14 calendar days from the date of the occurrence giving rise to the complaint and provides no good cause for the ICE to extend the time limits.

(e) The issue raised in the complaint does not personally affect the inmate.

(f) The issue is moot.

(g) The issue has already been addressed through the inmate's prior use of the ICRS.

(h) The issue raised is not within the scope of the ICRS as defined in s. DOC 310.08 .

(6)  An inmate may appeal a rejected complaint within 10 calendar days only to the appropriate reviewing authority who shall only review the basis for the rejection of the complaint. The reviewing authority's decision is final.

(7)  If an ICE determines that the procedure under this chapter would subject the inmate to substantial risk of personal injury or cause other serious and irreparable harm, the ICE shall refer the complaint to the appropriate reviewing authority.

(8)  Staff shall respond in writing, if requested, to an inquiry by an ICE investigating a complaint.

(9)  If an inmate is transferred after an incident but before filing a complaint, the inmate shall file the complaint at the currently assigned institution. The ICE shall forward the complaint to the ICE at the appropriate institution for investigation and decision.

(10)  The ICE shall note the persons interviewed and the documents used as a basis for the decision.

(11)  The ICE shall either reject the complaint or send a recommendation to the appropriate reviewing authority within 20 working days from the date of acknowledgment.

History: CR 02-038 : cr. Register November 2002 No. 563 , eff. 12-1-02.