Inmate Appeals

Question 0

General allegation

Answer 0

allegations that lack specificity or factual evidence to support them.

Question 1

Appellant

Answer 1

an inmate or parolee who has submitted an appeal.

Question 2

Material adverse effect

Answer 2

a harm or injury that is measurable or demonstrable, or the reasonable likelihood of such harm or injury. In either case, the harm or injury must be due to any policy, decision, action, condition, or omission by the department or its staff.

Question 3

Remedy

Answer 3

a process or means to address an issue or correct a wrong.

Question 4

Modification order

Answer 4

an order by the institution, parole region, or third level Appeals Chief directing a previous decision to be modified.

Question 5

Reviewer

Answer 5

the individual with signature authority for the approval or disapproval of an appeal response at any level.

Question 6

Staff misconduct

Answer 6

staff behavior that violates or is contrary to law, regulation, policy, procedure, or an ethical or pro- fessional standard.

Question 7

Supporting documents

Answer 7

documents that are needed to substantiate allegations made in the appeal including, but not limited to, classification chronos, property inventory sheets, property receipts, disciplinary reports with supplements, incident reports, notifications of disallowed mail, trust account statements, memoranda or letters, medical records and written requests for interviews, items or services. Supporting documents do not include documents that simply restate the matter under appeal, argue its merits, or introduce new issues not identified in the present appeal form.

Question 8

3084.1. Right to Appeal.

Answer 8

The appeal process is intended to provide a remedy for inmates and parolees with identified grievances and to provide an administrative mechanism for review of departmental policies, decisions, actions, conditions, or omissions that have a material adverse ef- fect on the welfare of inmates and parolees. All appeals shall be processed according to the provisions of Article 8, Appeals, unless exempted from its provisions pursuant to court order or superseded by law or other regulations.

Question 9

Who can put in a 602 appeals form?

Answer 9

Any inmate or parolee under the department’s jurisdiction may appeal any policy, decision, action, condition, or omission by the department or its staff that the inmate or parolee can demonstrate as having a material adverse effect upon his or her health, safety, or welfare.

Question 10

How many appeals can a inmate/parolee file?

Answer 10

An inmate or parolee has the right to file one appeal every 14 calendar days unless the appeal is accepted as an emergency appeal. The 14 calendar day period shall commence on the day following the appellant’s last accepted appeal.

Question 11

On which form does an inmate submit there appeal on?

Answer 11

The appellant shall use a CDCR Form 602 (Rev. 08/09), Inmate/Parolee Appeal, to describe the specific issue under appeal and the relief requested. A CDCR Form 602-A (08/09), Inmate/ Parolee Appeal Form Attachment, which is incorporated by refer- ence, shall be used if additional space is needed to describe the issue under appeal or the relief requested.

Question 12

How many issues can an inmate/parolee file on one 602 inmate/parolee appeal form?

Answer 12

The inmate or parolee is limited to one issue or related set of issues per each Inmate/Parolee Appeal form submitted. The inmate or parolee shall not combine unrelated issues on a single appeal form for the purpose of circumventing appeal filing requirements. Filings of appeals combining unrelated issues shall be rejected and returned to the appellant by the appeals coordinator with an explanation that the issues are deemed unrelated and may only be submitted separately.

Question 13

Can a 602 inmate/parolee appeal form be submitted written in pencil?

Answer 13

The inmate or parolee is limited to the space provided on the Inmate/Parolee Appeal form and one Inmate/Parolee Appeal Form Attachment to describe the specific issue and action requested. The appeal content must be printed legibly in ink or typed on the lines provided on the appeal forms in no smaller than a 12-point font. There shall be only one line of text on each line provided on these forms.

Question 14

What should an inmate/parolee include on his 602 inmate/parolee appeal form when staff is involved?

Answer 14

The inmate or parolee shall list all staff member(s) involved and shall describe their involvement in the issue. To assist in the identification of staff members, the inmate or parolee shall include the staff member’s last name, first initial, title or position, if known, and the dates of the staff member’s involvement in the issue under appeal. If the inmate or parolee does not have the requested identifying information about the staff member(s), he or she shall provide any other available information that would assist the appeals coordinator in making a reasonable attempt to identify the staff member(s) in question.

Question 15

What if the original appeal forms aren’t available for the appellant to submit?

Answer 15

The inmate or parolee shall submit the signed original appeal forms and supporting documents. If originals are not available, copies may be submitted with an explanation why the originals are not available. The appeals coordinator shall have the discretion to request that any submitted copy is verified by staff.

Question 16

Beside an 602-A inmate/parolee appeal form attachment, what other documents can be attached to an 602 inmate/parolee appeal form?

Answer 16

Only supporting documents, as defined in subsection 3084(h), necessary to clarify the appeal shall be attached to the appeal. Attachments shall not raise new issues, but shall only serve to clarify the present appeal issue and action(s) requested as stated in Parts A and B of the Inmate/Parolee Appeal form. New issues raised in the supporting documents shall not be addressed and any decision rendered will pertain only to the present appeal issue and requested action(s).

Question 17

Can an inmate/parolee attach physical/organic objects or samples to their appeal documents?

Answer 17

Inmates or parolees shall not contaminate or attach physical/ organic objects or samples to their appeal documents. Examples of these objects or samples include, but are not limited to, food, cloth- ing, razor blades, books, magazines, tape, string, hair, blood, and/or bodily fluids/excrement.

Question 18

What option does the appellant has if dissatisfied with the second level response?

Answer 18

If dissatisfied with the second level response, the appellant may submit the appeal for a third level review, as described in section 3084.7, provided that the time limits pursuant to section 3084.8 are met. The appellant shall mail the appeal and supporting documents to the third level Appeals Chief via the United States mail service utilizing his or her own funds, unless the appellant is indigent in which case the mailing of appeals to the third level of review shall be processed in accordance with indigent mail provisions pursuant to section 3138.

Question 19

If the appeal was accepted as an emergency appeal and the appellant wishes a third level review, the appellant must?

Answer 19

forward the appeal to the appeals coordinator who shall electronically transmit it to the third level Appeals Chief. The third level review shall be completed within five working days.

Question 20

May an inmate or parolee assist another inmate or parolee with preparation of an appeal?

Answer 20

An inmate or parolee or other person may assist another inmate or parolee with preparation of an appeal unless the act of providing such assistance would create an unmanageable situation including but not limited to: acting contrary to the principles set forth in sections 3163 and 3270, allowing one offender to exercise unlawful influence/assume control over another, require an offender to access unauthorized areas or areas which would require an escort, or cause avoidance or non-performance in assigned work and program activities. Inmates or parolees shall not give any form of compensation for receiving assistance or receive any form of compensation for assisting in the preparation of another’s appeal. The giving or receiving of compensation is considered misconduct and is subject to disciplinary action.

Question 21

What form needs to be included with a inmate/parolee group appeal?

Answer 21

Group appeal. If a group of inmates/parolees intend to appeal a policy, decision, action, condition or omission affecting all members of the group, one CDCR Form 602, Inmate/Parolee Ap- peal, shall be submitted describing the appeal issue(s) and action requested, accompanied by a CDCR Form 602-G (08/09), Inmate/ Parolee Group Appeal, which is incorporated by reference, with the legible name, departmental identification number, assignment, housing, and dated signature of the inmate or parolee who prepared the appeal. Each page of the CDCR Form 602-G must contain the appeal issue, action requested, and a statement that all the undersigned agree with the appeal issue/action requested.