Department of Corrections and Rehabilitation - Operations Manual

Chapter 5 – Adult Custody and Security Operations

Article 53 – Inmate/Parolee Appeals

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54100.19 Emergency Appeals

  • An emergency appeal is defined as an urgent matter wherein disposition according to the regular time limits would subject the inmate or parolee to a substantial risk of personal injury, or cause other serious and irreparable harm to the inmate or parolee. Emergency appeals should not, however, be used by inmates or parolees as a substitute for verbally or otherwise informing staff of an emergency situation requiring immediate response.

  • Examples include but are not limited to:

    • Threat of death or injury due to enemies or other placement concerns.

    • Serious or imminent threat to health or safety.

  • The inmate/parolee shall clearly substantiate in writing the need for emergency handling of the appeal and send it directly to the appeals coordinator, who shall determine whether an emergency exists and so inform the inmate/parolee. The appellant shall also be notified in the event that the appeal does not satisfy the definition of an emergency, meets regular processing criteria, or is rejected for the specific reason(s) cited.

    • If emergency processing is warranted, the first level shall be bypassed and the second level review shall be completed within five working days.

    • If dissatisfied with the second level response, the appellant may resubmit to the appeals coordinator who shall electronically transmit it to, and confirm receipt by, the third level Appeals Chief for third level review.

    • The third level review shall also be completed within five working days of receipt.