Chapter 5 – Adult Custody and Security Operations

54100.4 Right to Appeal

• Any inmate or parolee under the Department’s jurisdiction may appeal any policy, decision, action, condition, or omission by the Department or its staff that the inmate or parolee can demonstrate as having a material adverse effect on his or her health, safety, or welfare. A material adverse effect means harm or injury that is measurable or demonstrable or the reasonable likelihood of such harm or injury. In either case, the harm or injury must be due to any policy, decision, action, condition, or omission by the Department or its staff. In the context of this article, an “appellant” means an inmate or parolee who has submitted an accepted appeal and a “remedy” means a process or means to address an issue or correct a wrong.

• No reprisals shall be taken for the good faith use of or responsible participation in the appeals process. This shall not prohibit appeal restrictions against an appellant for abusing the appeal process nor shall it prohibit the pursuit of disciplinary sanctions for violations of Department rules. A complaint of reprisal may be pursued through the appeals process. If, after investigation, it is determined that a reprisal has occurred, the staff member(s) involved shall be subject to adverse action in accordance with the employee discipline policies of the Department.