The California Department of Corrections and Rehabilitation has announced new “Grievance” forms and procedures to replaced the former Appeals process.
- CDCR FORM 602-1: Use this form to file your initial grievance (previously called an appeal). This form has a list of questions for you to consider when writing your grievance. Once you have completed filling out this form, send it to the Grievance Office.
- CDCR FORM 602-2: Once your grievance has been processed the Grievance Office will provide you with form 602-2 along with your grievance decision. If you would like to appeal the grievance decision, you need to complete this form and mail it to the Office of Appeals in Sacramento.
- CDCR FORM 602-3: Use CDCR 602-3 when you have not received the remedy that was granted to you in a grievance or appeal response. Most remedies are provided within 30 calendar days.
The new proceedures took effect in January, 2022, and include changes to time constraints and a separate process for identifying and handling allegations of staff misconduct.
You have up to 60 calendar days to submit your grievance. You also have 60 calendar days to submit an appeal of a grievance decision.
There is no time constraint when filing an allegation of staff misconduct. However, you are encouraged to submit your allegations promptly for evidence gathering and witness interviews.
All grievances are now reviewed by a newly established Centralized Screening Team (CST). This independent unit reports directly to the Office of Internal Affairs (OIA).
The CST staff will determine whether your claim involves a routine issue or contains allegation of staff misconduct (see definitions below). The grievance process will provide you with a notification of CST’s decision within a couple of weeks.
If the CST determines your claim is a routine issue, a decision on the routine issue will be sent to you through the grievance process, which can take up to 60 calendar days to complete.
If the CST determines your claim contains an allegation of staff misconduct, the claim will be referred to the staff misconduct process and you will receive notification of the outcome of your allegations (“sustained,” “not sustained,” “exonerated,” “unfounded,” or “no finding”) outside the grievance process which can take several months to complete.
New terms and definitions include:
“Claimant” refers to an inmate or parolee under the custody of CDCR who files a grievance or appeal with the Department.
“Claim” means a single complaint arising from a unique set of facts or circumstances.
“Grievance” means a written request from a claimant sent to a Grievance Office for review. A grievance may have more than one claim.
“Appeal” means a written request from a claimant for review by the Office of Appeals of a decision issued by the institution or Regional Office of Grievance.
“Routine Claim” refers to any documentation received by CST that does not contain an allegation of Staff Misconduct.
“Staff Misconduct” refers to behavior that results in a violation of law, regulation, policy, or procedure, or actions contrary to an ethical or professional standard.
