OIG Report Says Grievance System Reforms in CA Undermined
In 2018 the California Office of the Inspector General (OIG) investigated the grievance process at Salinas Valley State Prison. This resulted in a new process in 2020, where any grievances alleging staff misconduct in the California Department of Corrections and Rehabilitation (CDCR) would go to an Allegation Inquiry Management Section (AIMS) in Sacramento, rather than being handled by staff at the prison.(1) As we report on in almost every issue of Under Lock & Key, grievances in U.$. prisons are often ignored, denied, or covered up by staff.
One problem with this small reform is the staff at the prison was still deciding what grievances would be forwarded to AIMS. Following OIG recommendations in 2021, the CDCR changed its system for handling grievances in 2022 so that staff misconduct could be reported directly to AIMS. In March 2023, AIMS was replaced with the Allegation Investigation Unit (AIU), within the Office of Internal Affairs.
In 2010, United Struggle from Within (USW) in California initiated the “We Demand Our Grievances Are Addressed!” campaign, which has since spread across the country. We just released a petition for Indiana this year, see the report on initial campaign successes in this issue. And we just updated our petition for Texas. Since 2010, hundreds of prisoners in California have sent petitions to the California OIG and others outlining the failures of the existing grievance system and demanding proper handling of grievances. This campaign contributed, likely greatly, to the recent changes in California.
It also happens that February 2023 was the last report we have of staff in CDCR retaliating against prisoners for filing grievances (in this case for freezing temperatures).(2) So we are interested to hear from our readers how the grievance process has been working over the last year. However, the OIG’s recent report has already exposed staff misconduct since the new program was implemented.
The OIG found that in 2023 the department sent 595 cases back to prison staff to handle that had originally been sent to the AIU to investigate as staff misconduct. This was reportedly done to handle a backlog of grievances. The OIG also stressed the waste of resources in duplicating work, given that the department had been given $34 million to restructure the grievance process. In 127 of these cases the statute of limitations had expired so that staff could no longer be disciplined for any misconduct. Eight of these could have resulted in dismissal and 12 could have resulted in suspensions or salary reductions. Many other grievances were close to expiring.
Unsurprisingly, when the OIG looked into grievances that had been sent back to the prisons, many issues were not addressed, many were reviewed by untrained staff, investigations were not conducted in a timely manner (39% taking more than a year), and grievances were improperly rejected. All of these are common complaints on the grievance petitions prisoners have filed over the years.
The OIG states in their concluding response to the CDCR claims around these 595 grievances:
“The purpose of this report was not to provide an assessment of the department’s overall process for reviewing allegations of staff misconduct that incarcerated people file; that is an assessment we provide in our annual staff misconduct monitoring reports. This report highlighted the department’s poor decision-making when determining how to address a backlog of grievances that the department believed it was not adequately staffed to handle.”
Notes:
1. California
Office of the Inspector General, 29 January 2024, The Department
Violated Its Regulations by Redirecting Backlogged Allegations of Staff
Misconduct to Be Processed as Routine Grievances.
2. AV Brown
Berets, February 2023, CDCR Freezes Elderly Inmates in Retaliation of
Grievance Campaigns, Under Lock & Key 81.
