Section 93.9. Inmate complaints

(a) The Department will maintain an inmate grievance system which will permit any inmate to seek review of problems which the inmate experiences during the course of confinement. The system will provide for review and resolution of inmate grievances at the most decentralized level possible. It will also provide for review of the initial decision making and for possible appeal to the Central Office of the Department. An inmate will not be disciplined for the good faith use of the grievance systems. However, an inmate who submits a grievance for review which is false, frivolous or malicious may be subject to appropriate disciplinary procedures. A frivolous grievance is one in which the allegations or the relief sought lack any arguable basis in fact as set forth in DC-ADM 804—Inmate Grievance System, which is disseminated to inmates.

(b) Inmates may also pursue available remedies in State and Federal court.

The provisions of this § 93.9 adopted February 17, 1984, effective February 18, 1984, 14 Pa.B. 534; amended December 21, 2001, effective December 22, 2001, 31 Pa.B. 6932; amended April 15, 2005, effective April 16, 2005, 35 Pa.B. 2279. Immediately preceding text appears at serial page (286433).

Notation

Authority

The provisions of this § 93.9 amended under section 506 of The Administrative Code of 1929 (71 P. S. § 186).

Notes of Decisions

Good Faith Complaint

Inmates who were convicted of damaging property stated a valid claim when challenging the amount of money that was owed for the damage, a determination which was made after the initial decision as to whether each was guilty of the misconduct. Further, the calculation in each instance was made after the appeal period on the misconduct decision had passed. Put simply, under the system to which the inmates were subject, the misconduct hearing produced a finding of liability for which an administrative appeal lied; but after that appeal period passed, a decision on damages was made administratively, and in complete absence of any due process. Holloway v. Lehman, 671 A.2d 1179 (Pa. Cmwlth. 1996).

The grievance system established by this section is designed to review and resolve problems that an inmate experiences during his incarceration, with an appeal to the Commissioner available if the inmate is dissatisfied. Mueller v. State Police Headquarters, 532 A.2d 900 (Pa. Cmwlth. 1987).

Internal Grievance System

Regulations promulgated by Department of Corrections established internal grievance system for inmates to complain about problems that arise ‘‘during the course of confinement’’ was not appropriate avenue as asserted by Department for inmate to seek to compel Department to grant him credit against probation revocation sentence for time served awaiting original trial; decision-makers of the grievance system did not have authority to consider matters of law and regulation specifically permits inmate to pursue any remedies available to him in State and Federal court. McCray v. Department of Corrections, 872 A.2d 1127, 1131 (Pa. 2005).