Chapter 5 – Adult Custody and Security Operations

54100.16 Fixed Time Limits

• In order to afford a timely review, the appeal shall be filed within 30 calendar days of the occurrence of the event or decision being appealed or of the inmate or parolee’s knowledge of the action or decision being appealed, or of receiving an unsatisfactory response to an appeal filed at the previous level, unless otherwise specified in this article. The acceptance, under exceptional circumstances, of an appeal beyond the 30 day policy is at the discretion of the appeals coordinator or third level Appeals Chief. The basis of this discretion shall be compelling evidence or receipt of new information, such as documentation from health care staff that the inmate or parolee was medically incapacitated and unable to file, supporting the conclusion that the appeal should be subject to further review.

• All appeals shall be responded to and returned within the following time limits:

  • First level responses shall be returned within 30 working days.

  • Second level responses shall be returned within 30 working days.

  • Third level responses shall be returned within 60 working days.

• With regard to time frames for response processing, “day one” commences the next working day following receipt of the appeals form by the appeals office. Exceptions to the above time limits may be authorized by the appeals coordinator in the event of:

  • Unavailability of the inmate/parolee, or involved witnesses.

  • Complexity of the decision, action, or policy requiring additional research by responding staff.

  • Necessary involvement of other agencies or jurisdictions.

  • Reopening of a lower level decision at the direction of the third level.

  • The normal time requirements for review and action on appeals has been suspended pursuant to a state of emergency as defined by 15 CCRCalifornia Code of Regulations §3383(c).

• Except for the third level, if an exceptional delay prevents completion of the review within the specified time limits, the inmate or parolee shall be informed, in writing, of the reasons for the delay and estimated completion date.