N.Y. Correction Law § 139: Grievance procedures

§ 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.