What is a grievance?  A grievance is a way to call attention to a problem that you are having while incarcerated, but have been unable to resolve in other ways, such as directly speaking with correctional staff or medical staff. Grievances can be filed for issues with the conditions you are experiencing in the facility (e.g., problems with the cell, not getting supplies for hygiene, problems with the amount of food being served, problems with staff, mail, etc.) or other needs that are not being met, such as medical and/or mental health care or medications or treatment. Grievances should be filed in writing. Some facilities use written forms and others use forms on tablets; follow the procedures of the facility.   

Filing a written grievance creates documentation. A written grievance shows that you are asking for assistance with an issue. The facility should respond to your grievance in writing as well. If the facility does not respond in writing, you can write down the date, time, the name of the person who responded to your grievance and their response to your grievance.  

Filing a grievance is important as it shows that you are exhausting administrative processes to get your complaint resolved. Also, the Prison Litigation Reform Act of 1995 (PLRA) requires that you exhaust the administrative procedures available to you before you may file a lawsuit.  

It is also helpful if you have initiated the grievance process before you request assistance from outside legal service providers such as Disability Rights NC, ACLU of NC, NC Prisoner Legal Services, or others. If you are unable to put your grievance in writing yourself, the facility should provide someone to help you to write/file the grievance.   

Advocacy by family and friends.  Family and friends are a good resource in order to help advocate for you.  However, because grievances are internal documents for people incarcerated at the facility, family and friends cannot file a grievance on your behalf, even if they are your legal guardian or Power of Attorney (POA). It is important to not rely solely on the advocacy of friends and family instead of filing a grievance.   

Grievances in jails:   

In jails, the grievance system may vary based on the facility.  Each county jail facility is operated by the Sheriff of the county in which the jail is located. Some jails may only have one grievance procedure, others may have a different grievance process for medical issues and another for non-medical issues. For example, if you are not receiving the medical care that you need even though you have filed a sick call, you may file a grievance, in many jails you would file a medical grievance. Information on filing a grievance can be found in the jail handbook or by asking facility staff about the process.    

Grievances in state prisons:  

NC DAC’s grievance policy (G.0300-Administrative Remedy Procedures) can be found at: https://public.powerdms.com/NCDAC/tree/documents/2145373 (Issue date 10/1/23) 

Per policy, you must first seek assistance by talking with staff to address your problem. If the problem is not resolved, you may then file a grievance by completing Grievance Form DC-410 (either on paper or electronically) and complete items 1-7.  You can submit the form through staff, drop boxes, electronically or through facility mail.  

  • These procedures are available to all people in custody, regardless of your disciplinary status, classification, or administrative decisions.   
  • If you are unable to understand the procedure or complete the form in English, you may ask for assistance from staff at the facility.   
  • There is ONLY one type of grievance that may be filed on your behalf by third parties (legal guardian, POA, friends, family, peers who are also in custody, staff members, attorneys, and outside advocates).  This exception is for any grievances related to the Prison Rape Elimination Act (PREA) – which are allegations of sexual abuse or sexual harassment.   
  • Grievances should be filed within 90 days of the incident.  Your grievance may be rejected if more than 90 days have passed since the incident.    
  • You can submit related documents with your grievance or simply state in the grievance narrative that you have this documentation.   
  • You can also name any witnesses in your grievance. 

Limitations on grievances: 

  • Do not put more than one incident/complaint on the grievance form unless it is directly related to the issue in the grievance.  
  • You may only have up to three (3) grievances pending at any level of review at one time. You may only submit another grievance after a pending review has completed step 2 or has been resolved. If you have more than three grievances pending at a time, the fourth grievance will be rejected.  
  • Do not put in a grievance for another person in custody (unless it is for sexual harassment or sexual abuse), it will be rejected.   

Other information about the grievance process 

  • DAC employees are not allowed to obstruct the grievance process.   
  • No reprisals are allowed for good faith use of the grievance procedure. 
  • If you believe that a reprisal was made due to your filing a grievance, you may file a separate grievance about the reprisal through the normal grievance process and/or you may write to the Secretary of the Department of Adult Correction. 
  • If you make a false report, you may be subject to disciplinary action. It is also important not to use profanity, vulgar language, or say abusive/contemptuous or threatening things about a person in your grievance as this may also subject you to disciplinary action and your grievance will be rejected.  
  • No sexual harassment or sexual abuse grievance can be rejected. 
  • Grievances can still be processed even when the person is transferred to another facility during the process.  If you are transferred to another facility and do not receive a response to your grievance within the timeframes below, you can file a grievance that your grievance was not responded to within the timeframes.  

Timelines and process for grievances:   

All grievances from receipt to resolution should be processed within 90 calendar days; however, the time can be extended another 70 days if needed to issue an appropriate response.   

Time limits: 

  • Screening Response – 3 days after receipt of grievance 
  • Step 1 Response – 15 days after screening response 
  • Step 2 Response – 20 days after appeal of Step 1 response 
  • Step 3 Response – 30 days after appeal of Step 2 response (issued by the Inmate Grievance Resolution Board (IGRB)) 

***** Please note that appeals must be requested within 24 hours of receipt of the current step response, or the appeal is WAIVED********  

(While the warden of the facility may accept a late appeal in the event of extenuating circumstances-you should not rely on this and meet the set appeal deadlines) 

Step 1: 

  1. Grievance is received and reviewed by the screening officer who is appointed by the warden of the facility.  This should occur once every 24 hours.  
  1. No staff who appear to be involved in the grievance shall participate in any part of the resolution process, except as a witness when needed.   
  1. The person filing the grievance will receive written/electronic notice whether the grievance will be accepted and processed or rejected. If rejected, the reason will be provided.  The warden also screens rejected grievances in case the grievance should have been accepted.  
  1. The screening officer will then forward the grievance to the person best able to address the grievance. The person investigating the grievance should provide the response to the grievance within 15 days of the screening response.  If they cannot and have not requested an extension, the grievance should move to Step 2 of the process.   
  1. If the person who filed the grievance does not agree with the response/resolution, they must respond with appeal within 24 hours that they appeal the decision. 

Step 2:   

  1. The grievance goes to the facility warden or their designee.   
  1. Except sexual harassment/sexual abuse grievances, which are reviewed by a specially trained PREA investigator at Step 2.  
  1. The grievance should be investigated within 20 days after the appeal and a written response sent to the person filing the grievance either on paper or electronically.  You should receive an opportunity to have the Step 2 response explained in order to resolve the grievance.  

Step 3: 

  1. The person filing the grievance may appeal the Step 2 decision if they do not agree with the decision. The time frame is again 24 hours of the response to appeal. If you do not respond, the Step 2 response is deemed accepted.   
  1. This appeal goes to the Inmate Grievance Review Board (IGRB) as a designee of the Secretary of the Department of Adult Correction.   
  1. You should receive the IGRB decision within 30 days of the appeal from Step 2. 
  1. The IGBR decision is a final resolution of the administrative appeal process and you have exhausted the internal administrative appeal process.    
  1. Only the Secretary of the Department of Adult Correction can modify the decision of the IGBR with a written decision.  This decision will describe why the Secretary finds the relief is not appropriate and provides a different decision about relief or denies the grievance.  This is then the new final resolution and exhaustion of the administrative appeal process.  

  

Grievance vs. a request for a reasonable accommodation in prisons.  A reasonable accommodation request is different than a grievance.  A reasonable accommodation request is made when a person with a disability needs an accommodation (change in the usual way of doing things) in order to have equal access to the facility or the same services, programs, or jobs as others without a disability.  Failure to provide an accommodation to a person with a disability may be a form of discrimination under the Americans with Disabilities Act (ADA).  Please see our fact sheet on reasonable accommodations and the DAC form DC-746 to complete a request for a reasonable accommodation.