Chapter 5 – Adult Custody and Security Operations

53140.19 Inmate Appeal

• The CDCRCalifornia Department of Corrections and Rehabilitation’s approved Inmate Appeal Procedures, CCRCalifornia Code of Regulations, Title 15, Section 3084.1 apply to the JVPJoint Venture Program. Under these provisions, an inmate-employee may appeal the substance or application of any written or unwritten policy, decision, or condition of CDCRCalifornia Department of Corrections and Rehabilitation or of the JVE to which the inmate-employee is employed, or appeal any behavior or action directed toward the inmate-employee by the staff of either the State, the JVE, or another inmate-employee. Inmate-employees may file complaints regarding alleged violations of their employment related rights under PCPenal Code Section 2717.8, relevant Labor Code provisions, and applicable Industrial Welfare Commission Wage Orders.

• To address JVE related matters, inmates shall not be subject to retaliation by the CDCRCalifornia Department of Corrections and Rehabilitation for their use of the inmate appeal process pursuant to CCRCalifornia Code of Regulations, Title 15, Subsection 3084.1(d). Inmates shall not be subject to retaliation for exercising rights guaranteed under the State Labor Code or elsewhere in law to address JVE related matters.

• Pursuant to CCRCalifornia Code of Regulations, Title 15, Subsection 3084.7(m) any current or former JVPJoint Venture Program inmate-employee who believes he/she has a grievance regarding a wage and hour or retaliation claim against a JVE, shall complete the CDC Form 602, Inmate/Parolee Request For Appeal, within 15 working days after the occurrence of the alleged violation. The informal and first level response will be deemed waived. The institution’s Appeals Coordinator shall log the appeal and immediately forward the appeal to the JVPJoint Venture Program Administrator. The Administrator, JVPJoint Venture Program, has thirty (30) working days in which to respond to the appeal.

• The JVPJoint Venture Program Administrator shall attempt to resolve the grievance. If the inmate-employee is dissatisfied with the JVPJoint Venture Program Administrator’s resolution, including rejection for timelines, the inmate-employee may file a complaint with the Labor Commissioner. The inmate-employee will be advised of his/her rights and responsibilities for filing a complaint with the Labor Commissioner, the Division of Labor Standards Enforcement (DLSE). Rejection by the JVPJoint Venture Program Administrator does not limit or change the right of the inmate-employee to file a complaint with the DLSE. Any complaint filed with the Labor Commissioner will be governed by the DLSE’s time frames for filing grievances including, but not limited to, Labor Code Section 98.7 and Code of Civil Procedure, Sections 337, 338, and 339, and is deemed filed when the CDC Form 602, Inmate/Parolee Request For Appeal is filed.

• No inmate-employee may be discriminated against or discharged for filing an appeal or a complaint regarding wage and hour or retaliation violations on the part of a JVPJoint Venture Program employer. If the Labor Commissioner determines that no violation has occurred and that the complaint was frivolous, unreasonable, groundless, or was brought in bad faith, the Commissioner may direct the complainant to pay reasonable attorney’s fees to cover the costs of any hearing(s) associated with the complaint.