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Dispute Resolution in Prison - The California Experience (From Roundtable Justice - Case Studies in Conflict Resolution, P 21-37, 1980, Robert B Goldmann, ed)

NCJ Number
75333
Author(s)
S Gillers
Date Published
1980
Length
17 pages
Annotation
This paper describes the development, purposes, and procedures of the formal grievance procedure instituted for inmates (wards) at California Youth Authority (CYA) facilities, and notes the high amount of approval of wards and staff members for the program.
Abstract
The California Youth Authority facilities house an inmate population much like that found in a regular prison for adults. The grievance procedure used by the CYA was developed as a method of reducing tension over minor disputes by providing wards with a prison-approved method for airing grievances without fear of retaliation by prison staff. The statute creating the procedure provides for grievance committees at each CYA facility to be composed of staff and wards on an equal basis, with participating wards chosen by their peers. The statute requires that written responses with written reasons for decisions be provided at each level of the process, and that emergency grievances receive priority processing. Grievants have the right to choose their own representatives to speak in their behalf at the hearing, and each grievance filed must receive a full hearing if no resolution of the conflict can be made informally. Provisions to prevent reprisals, such as exclusion of information on the filing of grievances from the wards' files are also included, as is the outline of an appeals process, including outside arbitration for disputes that are unsatisfactorily settled. The grievance procedure has facilitated resolution of disputes between wards and staff other than grievances about discipline without violence. The procedure has proven to be of therapeutic value because dispute resolution process has had a rehabilitative effect on some of the wards. In addition, an educational benefit has been perceived; several wards who have represented other wards at their hearings have demonstrated talents for researching and writing briefs.