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This entry was published on 2021-08-13
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Grievance procedures
Correction (COR) CHAPTER 43, ARTICLE 6
§ 139. Grievance procedures. 1. The commissioner shall establish, in
each correctional institution under his or her jurisdiction, grievance
resolution committees to resolve grievances of persons within such
correctional institution. Such grievance resolution committees shall
consist of five persons four of whom shall be entitled to vote, two of
whom shall be incarcerated individuals of such correctional institution,
and a non-voting chairman.

2. The commissioner shall promulgate rules and regulations
establishing such procedures for the fair, simple and expeditious
resolution of grievances as shall be deemed appropriate, having due
regard for the constitutions and laws of the United States and of the
state of New York. Such procedures shall include but not be limited to
setting time limitations for the filing of complaints and replies
thereto and for each stage of the grievance resolution process.

3. A person aggrieved by the decision of a grievance resolution
committee may apply to the commissioner for review of the decision. The
commissioner or his deputy may take such action as he deems appropriate
to fairly and expeditiously resolve the grievance to the satisfaction of
all parties.

4. The commission shall annually evaluate and assess the grievance
procedures in correctional facilities, and make any recommendations with
respect to the proper operation or improvement of the grievance
procedures and provide such report to the commissioner and the chairmen
of the senate codes and crime and corrections and assembly codes and
correction committees.

5. The commissioner shall semi-annually report to the chairmen of the
senate codes and crime and corrections committees and the assembly codes
and correction committees on the nature and type of incarcerated
individual grievances and unusual incidents, by facility.

6. The commissioner shall, upon request, provide the commission with
any information or data necessary for the commission to carry out the
mandates of this section.