Department of Corrections and Rehabilitation - Operations Manual

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Chapter 5 – Adult Custody and Security Operations

Article 53 – Inmate/Parolee Appeals

Revised October 18, 2016

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54100.23.2 Inmate Appeals of Lost or Damage Property During Transfer

  • Appeals alleging property loss or damage following a transfer, regardless of where the loss or damage occurred, shall be submitted to the appeals coordinator at the receiving institution. The receiving institution appeals coordinator shall:

    • Date stamp the appeal.

    • Conduct an initial review of the appeal for conformance with appeal processing requirements, including time constraints, missing signatures, and supporting documents.

    • Review the appeal and determine which institution shall respond to the appeal in accordance with the following:

      • If able to determine that the property loss or damage occurred some time after the property arrived at the receiving institution, or if records indicate that the property was issued to the appellant at the receiving institution, the receiving institution appeals coordinator shall process the appeal.

      • If unable to determine where the loss or damage occurred, or information suggests that the loss or damage occurred prior to arrival at the receiving institution, the appeal shall be forwarded to the sending instittution for review. Upon receipt, the sending institution appeals coordinator shall date stamp and process the appeal.

  • The transportation unit or any facility that housed the appellant or the property in question in transit during the transfer shall assist and provide any information necessary for a thorough review of the property claim. The first level response shall instruct the appellant, if dissatisfied, to resubmit the appeal to the receiving institution for a second level review. Exceptions, where the sending institution would be expected to complete the second level response, include but are not limited to:

    • The appellant was not in possession of the property at the time of transfer.

    • The property was not sent with the appellant by the sending institution.

    • The property loss or damage occurred at the sending institution.