Appendix E . State Supplements: Grievance Procedures, Prea Rules, & Lgbtq+ Policies Applicable in Certain States

APPENDIX E. State Supplements: Grievance Procedures, PREA Rules, & LGBTQ+ Policies applicable in Certain States

With the 2021 Edition of the JLH, we included state specific information for the first time. As you will see, we only have information about nine states so far, but we hope to add more information in future updates. If you want to share information with us about how things work in your State, please write to the Center for Constitutional Rights, so future editions of the Handbook can be more complete.

Among other State-specific information shared below, one of the issues we have focused on is the prison grievance system. That's because completing your prison's grievance process is very important. If you don't complete all steps, your lawsuit could be dismissed.

ALABAMA

Last updated: January 2021

Overview of the Grievance Procedure

There is no clear grievance policy for people incarcerated by the Alabama Department of Corrections ("ADOC") as it currently stands. On October 7, 2014, ADOC responded to an open records request for their grievance procedure by stating that, "Alabama does not have an inmate grievance system in place."

This is very confusing, because an Alabama regulation states that in order to file a lawsuit for any grievance, you are required to exhaust all available grievance procedures the prison provides. Ala. Code 1975 § 14-15-4(b). Therefore, we recommend you carefully review your "inmate handbook" AND ask ADOC staff for information on how the grievance process works at your facility, as well as a copy of any forms that you are required to use when filing a grievance. If you receive information, be sure to follow each step of the process (including appeals) and make a note of any deadlines. If you're told that no grievance process or forms exist, ask another staff member the same questions to get confirmation. Write down all the details about your efforts to get a grievance form so you can argue that exhaustion was futile if need be.

Sexual Assault & PREA

You can report sexual abuse or sexual harassment several different ways:

> by calling the PREA hotline (dial 91 on the prison phone)
> depositing a complaint to speak with the PREA Compliance Manager in the PREA drop box (there should be a drop box located in every ADOC facility)
> reporting the incident to a staff member verbally
> making a request in writing to the ADOC Investigations and Intelligence Division
> reporting through a third party (i.e., a friend or a legal organization).

If you are assaulted or witness an assault, consider reporting it immediately and preserving potential evidence like DNA samples and the clothes you wore during the assault.

DOC Policies Applicable to LGBTQ Prisoners

Gender Dysphoria Healthcare Policy

The ADOC has an official policy of providing medically necessary treatment to people with diagnoses of gender dysphoria, which is codified in ADOC Administrative Regulation ("AR") 637, entitled "Gender Dysphoria." Diagnoses for gender dysphoria will be made by medical professionals within your facility or by contracted medical professionals. This will occur whether you self-identify as having gender dysphoria or if it is identified by staff members upon admission to the ADOC, PREA intake procedures, or observation of symptoms while housed in an ADOC facility. There are several steps and avenues to the process of identification and diagnosis of gender dysphoria, all of which are explained in AR 637.

AR 637 provides opportunities to initiate hormone treatment or continue hormone treatment that began prior to incarceration upon review and verification of your prior treatment records. Anyone who is on a hormone treatment plan will be placed on both the medical chronic care treatment list and the mental health caseload. This allows the Gender Dysphoria Management and Treatment Committee ("GDMC") to review your treatment plan at least twice a year to determine if medications or treatment plans need to be adjusted.

State Policy on Name Changes

Alabama's policy on name changes is very restrictive. You cannot legally change your name if you are currently facing criminal charges, or while you are involved with a court case. You also cannot legally change your name if you have been convicted of a felony or crime of moral turpitude. "Moral turpitude" means you were convicted of one of a long list of crimes such as murder, manslaughter, assault, rape, drug trafficking or others found under the Definition of Moral Turpitude Act, HB 282. If you have been convicted of a sex offense, the only time you can change your name is if "the change is incident to a change in the marital status of the sex offender or is necessary to effect the exercise of the religion of the sex offender." Ala. Code 1975 § 15-20A-36(a). People who do not fit into these categories can change their name by filing a petition with your local probate court. (A probate court it a court that primarily deals with wills and estates). You will have to pay a filing fee that varies in price depending on the probate court. To find your local probate court, we recommend you ask prison staff for information.

Unfortunately, even if you successfully change your name while incarcerated, prison staff can continue to use your old name. Your old name must also appear first in all your records and correspondence, followed by your new legal name. See AR 448.

CALIFORNIA

Last updated March 2021

DOC Policies Applicable to LGBTQ Prisoners

Thanks to the Transgender Respect, Agency, and Dignity Act, Senate Bill 132, which went into effect in January 2021, the California Department of Corrections and Rehabilitation ("CDCR") is now required to house transgender people in men's or women's facilities based on their own safety preferences. CDCR is also required to search and pat down transgender people based on their gender identity, and to respect their pronouns. Although CDCR can deny placement requests based on safety reasons, all denials must be placed in writing.

FLORIDA

Last updated: January 2021

Overview of the Grievance Procedure

Depending on the type of grievance you plan to file, you may be required to file an "informal grievance" before you file your "formal grievance." If your grievance is about sexual abuse, an emergency situation, the return of incoming mail, a violation of the Americans with Disabilities Act, placement in close management, gain time, medical care, reprisal, bank issues, or disciplinary action, you do not need to file an informal grievance, just file a formal grievance within fifteen days of the incident. (NOTE: there is no time limit for filing a grievance related to sexual abuse.) The full list of grievances that are exempt from this informal grievance process is articulated in Fla. Admin. Code r. 33-103.006(3).

Informal Grievance Process

For any other type of grievance, the Florida Department of Corrections ("FDOC") requires you to file an informal grievance within twenty days after the incident occurred. See Fla. Admin. Code r. 33-103.011(1)(a).

To file an informal grievance, use Form DC6-236, Inmate Request, and write "Informal Grievance" on the form. Fill it out and put it in the locked grievance box available in your open population or special housing unit. Be sure to sign the form. A grievance coordinator should respond to your request within fifteen days, and will either approve, deny, or return the grievance without action. After you get the grievance coordinators' response, or if fifteen days pass without a response, you have fifteen days to start the formal grievance process.

Formal Grievance Process

Your formal grievance can only address one issue or complaint. To file a formal grievance, complete a Form DC1-303, Request for Administrative Remedy or Appeal, fill out your identifying information and state what happened. If you also filed an informal grievance, attach the informal grievance form and response to prove you completed that step. You must also date and sign the form. Put your grievance in the locked grievance box available in your open population or special housing unit. You should receive a decision within twenty days of its receipt. The response will state whether the grievance was approved, denied, or merely returned, and provide the reasons why.

If your grievance is denied or you do not receive a reply by the agency's deadline, you should immediately file an appeal by filling out a form DC1-303, Request for Administrative Remedy or Appeal, and attaching your grievance. Mail the completed form to:

Bureau of Policy Management and Inmate Appeals 501 South Calhoun Street, Tallahassee, FL 32399-2500

The appeal form must be received within fifteen calendar days from the date you got the response to your formal grievance, so mail your appeal as soon as possible to allow time for processing and mailing.

Sexual Assault & PREA

You can report sexual abuse or sexual harassment by filing a grievance yourself or through a third party. A third party can be another prisoner, a staff member, or an individual outside of the FDOC who can file on your behalf. See Fla. Admin. Code r. 33-103.006(3)(j). You can also report an incident to a staff member verbally. The FDOC suggests that reports should be made "immediately" for the sake of ensuring your safety and the integrity of potential evidence, but you are not required to submit either an informal or formal grievance within a specific timeframe. If a third party is filing the grievance on your behalf, they can only do so by filling out the DC1-303, Request for Administrative Remedy or Appeal and note that it is for a sexual abuse grievance.

FDOC may claim an extension of time of up to seventy days to respond to a PREA grievance if it believes that the...