Chapter 5 – Adult Custody and Security Operations

54100.6 Appeal Preparation

• The Department shall make its appeal forms readily available to all inmates and parolees, ensuring that those who have difficulty communicating have equal access to the appeal process and the timely assistance necessary to participate in this process including completing or clarifying the appeal. Timely, in this particular instance, means promptly and without deliberate delay, insofar as prevailing organizational resources permit.

• The inmate or parolee shall describe the specific issue under appeal, the relief requested, and state all facts known and available to him/her regarding the issue being appealed upon one original copy of the CDCRCalifornia Department of Corrections and Rehabilitation Form 602, and if needed to clarify the issue or matter in question, one original Inmate/Parolee Appeal Form Attachment (CDCRCalifornia Department of Corrections and Rehabilitation 602-A), attach all original relevant supporting documents and forward them, in a single mailing, to the appropriate appeals office.

• The CDCRCalifornia Department of Corrections and Rehabilitation Form 602 provides a system of accountability at each level of review. When the appeal material is submitted without a completed and signed CDCRCalifornia Department of Corrections and Rehabilitation Form 602, the appeals coordinator shall return it to the inmate or parolee with instructions to fill out and sign the CDCRCalifornia Department of Corrections and Rehabilitation Form 602 (and/or CDCRCalifornia Department of Corrections and Rehabilitation Form 602-A, if applicable) and resubmit the appeal for processing.

  • If originals are not available, copies may be submitted with an explanation and the appeals coordinator shall have the discretion to request that any submitted copy is verified by staff.

  • The inmate or parolee is limited to the space provided on the CDCRCalifornia Department of Corrections and Rehabilitation Form 602 and one CDCRCalifornia Department of Corrections and Rehabilitation Form 602-A to describe the specific issue and action requested. The appeal content must be printed legibly in ink or typed on the lines provided on the appeal forms in no smaller than a 12-point font. There shall be only one line of text on each line provided on these forms.

  • The inmate or parolee shall list all staff member(s) involved and shall describe their involvement in the issue. To assist in the identification of staff, the inmate or parolee shall include the staff member’s last name, first initial, title or position (if known) and the date(s) of the staff member’s involvement in the issue under appeal. Absent the requested identifying information, the inmate or parolee shall provide any other available information that would assist the appeals coordinator in making a reasonable attempt to identify the staff in question.

  • Relevant supporting documents are defined as documents needed to substantiate the allegation(s) made in the appeal, including but not limited to, classification chronos, property inventory sheets, receipts, completed disciplinary reports with supplements, incident reports, notifications of disallowed mail, trust account statements, memoranda, letters, medical records, and/or a written request for interview, item or service (See DOMDepartment Operations Manual 54100.8). Only supporting documents necessary to clarify the appeal shall be attached to the appeal.

  • The inmate or parolee shall not delay submitting an appeal within established time limits if unable to obtain supporting documents, but shall submit the appeal with all available supporting documents and provide an explanation why any remaining supporting documents are not available.

  • Supporting documentation does not include documents that simply restate the matter under appeal, argue its merits or raise new issues not identified in the appeal and stated as such on the relevant original 602 forms. New issues raised in the supporting documents shall not be addressed, and any decision rendered will pertain only to the present appeal issue and requested action(s).

  • The inmate or parolee shall not include or attach extraneous physical objects, exhibits, tabs or dividers, including organic materials of any type with their appeal packet or otherwise deface or contaminate submitted forms and attachments. Appeals submitted with hazardous or toxic material that present a threat to the safety and security of staff, inmates, or the institution may subject the appellant to disciplinary action and/or criminal charges commensurate with the specific act.

  • For third level appeals, the inmate or parolee shall be responsible for mailing the appeal form and supporting documentation directly to the third level Appeals Chief using their own funds and USUnder Supervisor mail service, unless the appellant is indigent in which case the third level appeal shall be processed in accordance with the indigent mail provisions (15 CCRCalifornia Code of Regulations §3138). An indigent inmate/parolee shall not, however, be required to divide their appeal into separate mailings to conform to indigent mail weight restrictions.

  • Another inmate or parolee, staff member, family member as defined in Section 3000 of the Title 15, or other interested party may assist the inmate or parolee in completing the appeal form. However, the act of providing such assistance does not render or convey upon that individual status as party to the appeal. In addition, assistance is disallowed if the act of providing such would create an unmanageable situation including but not limited to; acting contrary to the principles set forth in 15 CCRCalifornia Code of Regulations §§ 3163 and 3270, allowing one offender to exercise unlawful influence/assume control over another, require an offender to access unauthorized areas or areas which would require an escort, or cause avoidance or non-performance in assigned work and program activities.

  • An inmate or parolee shall not submit an appeal on behalf of another person, unless the appeal contains an allegation of sexual violence, staff sexual misconduct, or sexual harassment.

  • Inmates or parolees shall not give any form of compensation to other inmates or parolees or receive any form of compensation for assisting in the preparation of another’s appeal. The giving or receiving of compensation is considered misconduct and is subject to disciplinary action.

  • The appellant shall sign, date, and submit the appropriate appeal document(s) at each level in the appeal review process.

  • Unless otherwise provided for in this article, the appeal shall not be accepted at the third level for review without first having been reviewed at second level.