When a complaint is on appeal in Illinois, the director has discretion in determining whether the complaint requires a hearing before the administrative board. (20 Ill. Adm. Code § 504.850 (b)) After an administrative board hearing, the director must review the findings of the board and make a final decision concerning the complaint within 6 months of receiving the appealed complaint. (20 Ill. Adm. Code § 504.850 (f)) In Wisconsin, after the CCE makes a determination about the appeal, the CCE must send a recommendation to dismiss or affirm the appeal to the secretary of the department of corrections within 45 days. (DOC 310.11 (9)) The secretary then has 20 days to make a decision about the appeal after receiving the CCE’s recommendation. (DOC 310.12 (1)) Illinois’s inmate complaint rules states that inmates that are unable to speak or read English may request the procedure to be conducted in the inmate’s own language. (20 Ill. Adm. Code § 504.810 (d) (2)) Wisconsin’s DOC 310 does not contain any similar rules. Illinois does not address the issue of confidentiality specifically. Wisconsin requires that all filed complaints must be kept confidential, though confidentiality may be waived by the inmate. (DOC 310.14 (1),(3))
Illinois allows records of the complaint process to be maintained in offender’s master file without restriction (20 Ill. Adm. Code § 504.860) whereas Wisconsin mandates that a record of the complaint process cannot be maintained in the inmate’s file unless a reviewing authority gives permission, or maintaining a record in the inmate’s file is reasonably necessary to investigate the complaint, administer a remedy, or for litigation purposes. (DOC 310.14 (2)-(4))
Illinois refers to people within state custody for correctional purposes as offenders. Wisconsin refers to people within state custody for correctional purposes as inmates. The Illinois system used to resolve inmate issues upon request is referred to as a grievance system. The Wisconsin system used to resolve inmate issues upon request is referred to as a complaint system.
2. Iowa
Iowa administrative code has only one provision that addresses an inmate complaint system. 201 IAC 50.21(3)(c) requires that an inmate complaint system be available to all prisoners and that prisoners unable to read English receive an explanation of the complaint process. (201 IAC 50.21 (3)) The complaint system must include at least one level of appeal, and a jail is allowed to limit the use of the system to ensure it does not become abused.
Iowa does not have any further administrative rules which govern the complaint process for inmates in prison. The Iowa department of corrections has issued a policy and procedure which addresses complaint procedures in institutions. (Policy Number IN-V-46 (eff. 1/2005))
3. Michigan
There are no Michigan statutes or administrative code rules that set out procedures to address complaint processes. However, MCL § 791.203 gives the director of corrections the power “to supervise and control the affairs of the department, and the several bureaus thereof.” Under this authority, Michigan’s department of corrections implemented Policy Directive 03.02.130 (eff. 7/2007) to address inmate complaints.
4. Minnesota
There is only one Minnesota administrative code rule that governs inmate complaint procedures. Minn. R. 2911.900 requires that inmates have access to a written complaint procedure that includes at least one level of appeal. Additionally, Minn. Stat. § 243.56 gives inmates the ability to communicate in writing with the facility’s chief executive officer and with the commissioner of corrections. Under this authority, Minnesota’s department of corrections implemented Policy 303.100 (eff. 9/2012) to address inmate complaints. H. Summary of the factual data and analytical methodologies that DOC used in support of its determination of the rule’s fiscal effect on small businesses under s. 227.114, Stats. The department of corrections has determined that the rule will not have a significant economic impact on a substantial number of small businesses since the rule does not regulate small businesses as that term is defined in s. 227.114, Stats. I. Any analysis and supporting documents that DOC used in support of the department’s determination of the proposed rule’s effect on small businesses or that was used when the DOC prepared an economic impact report.
Not applicable.
J. Effect on small businesses.
Not applicable.
K. Agency contact person.
Jeffrey Pugh, Warden, Chippewa Valley Correctional Treatment Facility Department of Corrections, c/o 3099 East Washington Avenue, P.O. Box 7925, Madison, WI, 53707-7925; by phone: (715) 720-2850; or by email: DOCAdministrativeRulesCommittee@wisconsin.gov. L. Place where comments are to be submitted and deadline for submission.
Written comments on the proposed rule will be accepted and receive consideration if they are received by ____________. Written comments should be addressed to: Jeffrey Pugh, c/o Glen Mercier II DOC, P.O. Box 7925, Madison, WI 53707-7925, or by email: DOCAdministrativeRulesCommittee@wisconsin.gov. TEXT OF RULE
DOC 303.82(4) The warden’s decision is final regarding the sufficiency of the evidence. An inmate may appeal claims of procedural errors as provided under s. DOC 310.06(2).
SECTION 2. Chapter DOC 310 is repealed and recreated to read:
COMPLAINT PROCEDURES
DOC 310.01 Purpose and authority.
(1) The purpose of this chapter is to afford inmates in institutions a process by which grievances may be expeditiously raised, investigated, and decided.
(2) The inmate complaint review system serves the following objectives:
(a) To allow inmates to raise in an orderly fashion issues regarding department policies, rules, living conditions, and employee actions that personally affect the inmate or institution environment, including civil rights claims.
(b) To provide the department an opportunity to resolve the issue before an inmate commences a civil action or special proceeding.
(c) To encourage communication between inmates and employees.
(d) To review and explain correctional policy or practice to inmates and employees.
(e) To identify errors and deficiencies in correctional policy or practice.
DOC 310.02 Applicability.
(1) This chapter applies to all inmates in the department’s legal custody.
(2) Inmates may file complaints with the department for matters under the department’s authority.
(3) Inmates housed in other jurisdictions are required to file complaints with that jurisdiction for all matters under that jurisdiction’s control.
DOC 310.03 Definitions. In this chapter:
(1) “Calendar week” means Sunday through Saturday.
(2) “Calendar year” means 12 calendar months beginning January 1 and ending December 31.
(3) “Complaint record” means ICRS forms and evidence compiled in connection with an ICRS complaint by the ICE or CCE.
(4) “Corrections complaint examiner” or “CCE” means the employee of the department who is designated by the secretary to process and review complaints appealed to the secretary.
(5) “Days" means all calendar days including Saturdays, Sundays, and state legal holidays.
(6) “Department” means the department of corrections.
(7) “Division” means the division of adult institutions
(8) “Employee” means any staff member, an employee of a contract agency, an
independent contractor, or a volunteer of the department or an institution.
(9) “Good cause” means substantial grounds, justification, or reason to take a certain action as determined by the examiner.
