Police Department Policy

0609-grievances-100924

Santa Clara Sheriff

Policy Text
Copyright Lexipol, LLC 2024/10/08, All Rights Reserved. Published with permission by Santa Clara County Sheriff's Office Grievances - 1 Policy 609 Santa Clara County Sheriff's Office Custody Manual Grievances 609.1 PURPOSE AND SCOPE The purpose of this policy is to establish a process by which incarcerated persons may file grievances and receive a formal review regarding the conditions of their confinement. 609.2 POLICY It is the policy of this Office that any incarcerated person may file a grievance relating to any condition of confinement, which includes but is not limited to, housing, healthcare, food services, clothing, bedding, hygiene and sanitation needs, recreation opportunities, classification actions, disciplinary actions, program participation, telephone and mail use procedures, visiting procedures, and allegations of sexual abuse, staff conduct, and use of force ( 15 CCR 1073). Grievances will not be accepted if they are challenging state or local laws, court decisions, or probation/parole actions. Retaliation for use of the grievance system is prohibited. All staff shall maintain confidentiality, to the extent possible, throughout the grievance process including informal resolution, formal grievance, and appeal. 609.3 ACCESS TO THE GRIEVANCE SYSTEM All incarcerated persons shall be provided with a grievance process for resolving complaints arising from conditions of confinement. Incarcerated persons will receive information concerning the grievance procedure during the orientation process. Information regarding the grievance process is contained in the rule book. The paper rule book and grievance forms are available in three languages (English, Spanish, and Vietnamese) and through the table ts in numerous languages. Incarcerated persons are encouraged to file grievances electronically through the tablet; however, paper grievances are available and can be placed in a secured lock box, which are in each housing unit. Housing unit staff are responsible for ensuring a reasonable supply of grievance forms are available in each housing unit. If a grievance is sent through other means (e.g., letter, telephone, or a 3rd party), staff shall route the grievance to the Grievance Unit for handling. The Office accepts anonymous grievances and will investigate the grievance but, due to the anonymous nature of the grievance, the Office does not provide a response. Incarcerated persons cannot file a grievance on behalf of another incarcerated person, but an incarcerated person may assist another incarcerated person in the preparation of a grievance. Custody staff may take reasonable steps to assist the incarcerated person in the preparation of a grievance if requested. Incarcerated persons who are unable to complete an electronic and/or paper grievance due to a language barrier, disability, or illiteracy may raise grievances verbally. Docusign Envelope ID: C47B3968-1A89-42C8-987A-720943EA300F Copyright Lexipol, LLC 2024/10/08, All Rights Reserved. Published with permission by Santa Clara County Sheriff's Office Grievances - 2 Santa Clara County Sheriff's Office Custody Manual Grievances Staff shall assist these incarcerated persons with completing a paper or electronic grievance. When determining the level or type of assistance needed, staff shall reference the Incarcerated Person Accommodation List for specifics about the incarcerated person's accommodation needs and/or consult with the ADA Compliance Unit. 609.4 GRIEVANCE PROCESSING (a) Facility Staff 1. When incarcerated persons have a complaint, they may bring it to the attention of facility staff before filing a formal grievance. Staff shall attempt to solve the issue at the lowest level possible. (b) Shift Sergeant 1. The Shift Sergeant shall collect paper grievances a minimum of once per shift from the grievance lockboxes located in every housing unit. The Sergeant shall review the paper grievance for completeness; to the extent identifying or other critical, information needed to process the grievance is missing, the Shift Sergeant will work with the incarcerated person to obtain the information needed to allow the grievance to be processed. The Shift Sergeant shall also review the paper grievances for concerns of an emergent nature (e.g., immediate threats of harm to incarcerated persons, staff or the facility, allegations of sexual harassment, sexual abuse or sexual misconduct by staff or incarcerated persons, or a health and safety issue such as missing an assistive device (wheelchair/walker/cane etc.) or need for grab bars or ADA housing per Section 609.11.3). These types of grievances will require immediate action not to exceed the timeline outlined in 609.11 and be documented using the Supervisor's Grievance Response Form. 2. All grievances and Supervisor Response forms shall be forwarded to the Grievance Unit. 3. The Shift Sergeant will document the number of grievances collected in each housing unit logbook. (c) Gri

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