How do you file a grievance inside jail?

A step-by-step guide, important tips for filing, and a link to the existing policy in full

Want a two-page explainer of DCR’s grievance policy? Click the preview to open a printer-friendly version.

What is the grievance process?

The grievance process is a formal review of issues of confinement raised by people incarcerated within a Division of Corrections and Rehabilitation (DCR) facility.  DCR’s grievance policy requires that residents of regional jails who have a complaint file a grievance and complete each stage of the process—through to the final decision by the Commissioner of DRC—in order to protect their ability to file a lawsuit over jail conditions. You can see DCR’s complete policy directive regarding grievances here. 

What is a grievance form, and how do I get one?

A grievance form is a one-page form that covers each stage of the grievance process through final appeal (click preview to open the current DCR grievance form).  You can get a grievance form from a DCR staff member or at the law library. Grievance forms should also be available in all housing units.

 

How do I complete the grievance process?

Stage 1: File a grievance

You must file the grievance within 15 business days of the incident, not counting weekends or holidays. You can submit a grievance to your Unit Manager by putting it in a DCR grievance box or giving it to a correctional officer

• By putting it in a DCR grievance box
• By giving it to a correctional officer

 

Once you file a grievance, DCR staff must give you a copy of your grievance with the grievance # within 12 hours.

If the Unit Manager returns your grievance because it was not filed properly, you have 10 days to correct and refile the grievance.

If accepted, the Unit Manager must answer the grievance within 5 days. If the Unit Manger does not answer within 5 days, you may treat this as a denial and proceed to Stage 2.

 

Stage 2: Appeal to the Superintendent

Within 5 days of receiving the Unit Manager’s response, submit the following to the Superintendent:

• Your grievance form
• Any attachments you included in Stage 1
• The Unit Manager’s response

Be sure to add your initials and the date of your appeal on the line that says: “Appealed to Superintendent.”

If the Unit Manager didn’t respond to the grievance, then sign and date the corresponding lines on the form.

You can submit your appeal to the Superintendent by depositing in a DCR grievance box or by giving it to a correctional officer.

 

DCR staff must give you a copy of your grievance before you submit it to the Superintendent.

The Superintendent must respond to the appeal within 5 days. If the Superintendent fails to respond within 5 days, you may treat the non-response as a denial.

The Superintendent can:

• Deny grievance (agree with Unit Manager)
• Grant grievance (agree with Resident)
• Remand grievance (send back to the Unit Manager for further action)

If the grievance is remanded, the Unit Manager is expected to issue a new decision, and the process returns to Stage 1, and the Unit Manager must make a new decision.

 

Stage 3: Appeal to the Commissioner of DCR

Within 5 days of receiving the Superintendent’s response, send the following to the Commissioner via first class mail together in one envelope:

• Your grievance form (make sure to initial the “Appealed to Commissioner” line)
• Any attachments you included in Stage 1 or 2
• All responses from the Unit Manager and Superintendent

Make sure that you only include one grievance per envelope. If you include multiple grievances, they will all be rejected.

Mail the envelope to: 

WV Division of Corrections & Rehabilitation: Commissioner’s Office

Attention: Inmate Grievance Review

1409 Greenbrier Street, Charleston, WV 25311

 

DCR staff must give you a copy of your grievance before you submit it to the Commissioner.

The Commissioner must respond to the appeal within 15 days. The Commissioner can:

• Deny grievance (agree with the Superintendent)
• Grant grievance (agree with Resident)
• Reject the grievance (for improper filing)
• Remand grievance (send back to the Unit Manager OR Superintendent for further action)

If the grievance is rejected at ANY level, the grievance is not considered exhausted.

If the grievance is remanded at ANY level, the grievance is not considered exhausted. Instead, the Unit Manager or Superintendent is expected to issue a new decision, and the process returns to that stage.

 

Important Tips

 

If the person making the grievance is not a strong reader or writer, another resident may write the grievance for them. However, the person making the grievance must sign the finished form.

 

If the grievance is about sexual abuse, or risk of imminent sexual abuse:

• Third parties—including fellow incarcerated people, family members, attorneys, and outside advocates—are permitted to assist you with filing a grievance.
• Another incarcerated person can file a grievance on your behalf.
• If you would be required to submit the grievance to the staff member you are alleging engaged in sexual abuse, submit the grievance directly to the Superintendent.
• Grievances related to sexual abuse are not limited by the 15-day filing requirement.

 

If the grievance is about a disability you have, or an accommodation that you are not receiving, check the box labeled “ADA-related at the top of the form. You should also mark this box if your grievance is about the MAT program (Subutex, Sublocade, etc.)

 

Always Remember To…

• Ask for a copy of your grievance at each stage of the process.
• Write “please give me a copy of my grievance” on the top of each form.
• Keep copies of your grievance in good condition (unfolded, free from spills, etc.).
• If you submit grievances through DCR employees instead of mail, keep a record of the name of the staff member and the date of your submission.