Grievance and Appeal Procedure for Offenders: Probation and Parole

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Control Number: 316.04.01.001 Version: 1.4 Title: Grievance and Appeal Procedure for Offenders: Probation and Parole Page Number: 3 of 12 6BGENERAL REQUIREMENTS 1. 9BGrievance and Appeal Process Overview An offender grievance is a written complaint regarding a problem or action that affects the offender. An offender must write and file his own Grievance and Appeal Form (appendix B) unless he is unable to write a grievance due to illiteracy, the inability to write the English language, or is physically unable to complete it. Under these circumstances, another party is allowed to write a grievance on an offender’s behalf. The offender problem-solving process has three (3) components: • An informal problem-solving process between the offender and the probation and parole staff member • Grievances (using the Grievance and Appeal Form) • Appeals (using the Grievance and Appeal Form) Note: The DAGs are not a part of the offender problem-solving process. Offenders shall not be allowed to file concerns, grievances, or appeals with the DAGs. Note: It is important that offenders understand that probation and parole staff members are prohibited from reprisal or retaliation against anyone, for any reason, for filing a grievance or participating in the grievance process. Offenders can file a grievance against any probation and parole staff member who uses reprisal or retaliation. 2. 10BGeneral Guidance 20BFor Offenders Problem-solving should occur at the lowest appropriate level. An offender should attempt to solve the issue informally. This means making a good-faith and respectful attempt to discuss the issue or concern with the probation and parole staff member who made the decision, took the action, etc. If an offender does not feel comfortable discussing the issue or concern with the probation and parole staff member, the offender may ask to discuss the issue with the section supervisor, district manager, or higher level of authority (as appropriate and necessary). If the problem cannot be solved, the offender may file a grievance. If an offender does not feel that the grievance process resolved the issue, it is required that the appeal process (see section 5) be exhausted before he files a lawsuit against the IDOC. 21BFor Probation and Parole Staff Members Probation and parole staff members shall always try to solve the problem informally at the lowest appropriate level. When staff members recognize that a problem exists but is beyond the scope of their authority, they should work through their chain of command to identify a solution. Probation and parole staff member responses to grievance and appeal forms shall be clear, concise, and professional.