How does a prisoner file a grievance?
Before filing a grievance, prisoners need to make an effort to resolve the issue with a staff member involved in it. Policy states this needs to be done within two business days after the prisoner becomes aware of the issue. If attempts to resolve the issue with staff are unsuccessful, then a prisoner can file a Step I grievance (using a Prisoner/Parolee Grievance form (CSJ-247A) with the grievance coordinator at the prisoner's location. A prisoner's Step 1 grievance needs to be filed within five business days after attempting to resolve the issue with staff. If a prisoner does not file it within this time frame, the MDOC may reject the grievance.
If a prisoner feels the issue is not resolved after receiving the Step I response, he or she can file a Step II grievance. To file a Step II grievance, a prisoner must request a Prisoner/Parolee Grievance Appeal Form (CSJ-247B) from the Grievance coordinator. The completed Step II form must be completed and submitted to the facility’s grievance coordinator (or the office being grieved) within ten business days after receiving the Step I response. If no Step I response is received, then a prisoner needs to submit his or her Step II appeal form within ten business days after the day the response was due.
If an issue is not resolved after the Step II response is received, a prisoner can file a Step III using Prisoner/Parolee Grievance Appeal form (CSJ-247B). As with the Step II appeal, the Step III must be filed within ten days after receiving the Step II response, and if no response is received then ten days after the date the response was due. The Step III appeal must be submitted to the Grievance Section of the Office of Legal Affairs. It must be sent directly to the Department’s Central Office in Lansing. The address for Step III appeals is:
Office of Legal Affairs
Grievance Division
PO Box 30003
Lansing, MI 48909
Note: the Office of Legislative Corrections Ombudsman is not part of the grievance process. We do not look into any grievances unless they are sent to our office directly or are part of an ongoing investigation. We review grievances that have been completed through all steps of the MDOC process.
More information regarding the grievance process can be found in the MDOC policy directive PD 03.02.130 - Prisoner/Parolee Grievances.
If a prisoner feels the issue is not resolved after receiving the Step I response, he or she can file a Step II grievance. To file a Step II grievance, a prisoner must request a Prisoner/Parolee Grievance Appeal Form (CSJ-247B) from the Grievance coordinator. The completed Step II form must be completed and submitted to the facility’s grievance coordinator (or the office being grieved) within ten business days after receiving the Step I response. If no Step I response is received, then a prisoner needs to submit his or her Step II appeal form within ten business days after the day the response was due.
If an issue is not resolved after the Step II response is received, a prisoner can file a Step III using Prisoner/Parolee Grievance Appeal form (CSJ-247B). As with the Step II appeal, the Step III must be filed within ten days after receiving the Step II response, and if no response is received then ten days after the date the response was due. The Step III appeal must be submitted to the Grievance Section of the Office of Legal Affairs. It must be sent directly to the Department’s Central Office in Lansing. The address for Step III appeals is:
Office of Legal Affairs
Grievance Division
PO Box 30003
Lansing, MI 48909
Note: the Office of Legislative Corrections Ombudsman is not part of the grievance process. We do not look into any grievances unless they are sent to our office directly or are part of an ongoing investigation. We review grievances that have been completed through all steps of the MDOC process.
More information regarding the grievance process can be found in the MDOC policy directive PD 03.02.130 - Prisoner/Parolee Grievances.
What is considered “legal mail”?
Mail addressed to a licensed attorney, including the Attorney General, assistant attorney general, a prosecuting attorney, and an attorney of a legitimate legal service organization; State Appellate Defender office, Civil Liberties Union, courts and or public officials; the MDOC Director’s office or any other Central Office staff; staff at the institution in which the prisoner is segregated; and representatives of the news media is considered “Legal Mail” and cannot be opened or otherwise inspected by staff prior to mailing.
All mail between a prisoner and the Ombudsman is confidential and shall be handled the same as legal mail.
Offenders may use Department of Technology Management and Budget (DTMB) interdepartmental (ID) mail runs, in facilities where such service is available, to send postage-free mail to the Ombudsman. Outgoing offender mail to the Ombudsman shall be handled the same as mail to a state public official.
All mail between a prisoner and the Ombudsman is confidential and shall be handled the same as legal mail.
Offenders may use Department of Technology Management and Budget (DTMB) interdepartmental (ID) mail runs, in facilities where such service is available, to send postage-free mail to the Ombudsman. Outgoing offender mail to the Ombudsman shall be handled the same as mail to a state public official.
How does a prisoner file for a Pardon/Commutation?
A pardon is granted by the Governor pursuant to the Michigan Constitution and erases a conviction from an individual’s record. A commutation, on the other hand, is a reduction of an individual’s sentence to a specified term. A commutation is granted by the Governor as well but it does not erase a conviction from an individual’s record.
All applications for pardons and commutations must be filed to the Michigan Parole Board. This form can be found online from the Michigan Department of Corrections website (http://www.michigan.gov/corrections/). A prisoner or someone on his/her behalf is able to submit an application for a pardon/commutation. Also, the Parole Board has the ability to initiate a pardon/commutation review at any time and it may include, but is not limited to, circumstances in which a prisoner has a deteriorating and/or terminal medical condition from which he or she is not likely to recover.
If a commutation or pardon is denied, an application may be resubmitted two years after the date from which the Parole Board received the previously denied application.
All applications for pardons and commutations must be filed to the Michigan Parole Board. This form can be found online from the Michigan Department of Corrections website (http://www.michigan.gov/corrections/). A prisoner or someone on his/her behalf is able to submit an application for a pardon/commutation. Also, the Parole Board has the ability to initiate a pardon/commutation review at any time and it may include, but is not limited to, circumstances in which a prisoner has a deteriorating and/or terminal medical condition from which he or she is not likely to recover.
If a commutation or pardon is denied, an application may be resubmitted two years after the date from which the Parole Board received the previously denied application.
How do we request a transfer to a facility closer to home?
According to MDOC policy, there is no right to placement at any particular security level or correctional facility. The MDOC essentially has the right to place prisoners at whatever prison it determines is necessary.
MDOC Policy Directive 05.01.130, Prisoner Security Classification, states that prisoners are classified according to management and confinement requirements necessary for protection of the general public, prevention of escape, maintenance of control and order, and the safety of staff and prisoners. A prisoner’s custody level, and often location, is generally determined by the MDOC’s security classification screen. The security classification screen uses many factors including length of sentence, escape history and institutional misconduct record to arrive at a recommended security level. The MDOC completes a security classification screen at the reception center when a prisoner is initially incarcerated, and a security classification screen review is conducted at fairly regular intervals based on the criteria found in policy.
The Ombudsman’s office receives many requests from prisoners and their families for transfer closer to the prisoner’s home. The MDOC does not usually take this into account when determining where to house a prisoner. Since many prisoners come from the larger population areas of the state and many of the correctional facilities are in outlying areas, there is no easy way to accommodate these requests.
Our office does not normally become involved in prisoner placement decisions or attempt to assist prisoners with transfers unless there is a verified safety or protection issue involved. We simply do not have the staff or resources to accept transfer requests or placement complaints.
MDOC Policy Directive 05.01.130, Prisoner Security Classification, states that prisoners are classified according to management and confinement requirements necessary for protection of the general public, prevention of escape, maintenance of control and order, and the safety of staff and prisoners. A prisoner’s custody level, and often location, is generally determined by the MDOC’s security classification screen. The security classification screen uses many factors including length of sentence, escape history and institutional misconduct record to arrive at a recommended security level. The MDOC completes a security classification screen at the reception center when a prisoner is initially incarcerated, and a security classification screen review is conducted at fairly regular intervals based on the criteria found in policy.
The Ombudsman’s office receives many requests from prisoners and their families for transfer closer to the prisoner’s home. The MDOC does not usually take this into account when determining where to house a prisoner. Since many prisoners come from the larger population areas of the state and many of the correctional facilities are in outlying areas, there is no easy way to accommodate these requests.
Our office does not normally become involved in prisoner placement decisions or attempt to assist prisoners with transfers unless there is a verified safety or protection issue involved. We simply do not have the staff or resources to accept transfer requests or placement complaints.
What is JPay? How do I send money to a prisoner?
JPay is an electronic communications and funds transfer service available to prisoners, their families, and the general public. Families and other members of the public may send and receive electronic messages with prisoners via JPay similar to e-mail. However, these messages are closely monitored by JPay and MDOC staff, so privacy should not be expected. JPay can also be used to send money to a prisoner by family or another member of the public. Prisoners do not receive actual currency, but instead they will receive a credit to their individual account for the amount transferred minus any processing fees.
Certain restrictions apply to both electronic messages and funds transfers, so prisoners are encouraged to speak with appropriate staff at their facility to make sure they are eligible to use the system.
For more information about JPay, including setting up an account, please visit www.jpay.com.
Certain restrictions apply to both electronic messages and funds transfers, so prisoners are encouraged to speak with appropriate staff at their facility to make sure they are eligible to use the system.
For more information about JPay, including setting up an account, please visit www.jpay.com.
Prisoner is not receiving proper Medical treatment, and/or medications?
Our office recommends that all prisoners try to work with his/her health care professionals on a regular basis. Prisoners should follow health care recommendations and discuss all concerns he/she may have during health care assessments. However, our office understands there may be circumstances for which prisoners believe they are not receiving proper medical treatment and/or medications.
First, if there is a health care dispute, prisoners should kite health care concerning his/her concerns and try to resolve this issue directly with health care. This allows MDOC health care to specifically address and hopefully resolve the issue. If this doesn’t remedy the health concern, a prisoner may file a grievance, which can potentially resolve the issue as well. Prisoners may begin a grievance and then immediately notify us rather than waiting for a medical grievance to be completed, especially with urgent medical issues.
If MDOC health care is unable to resolve a prisoner’s health concern, the prisoner may write to our office with specifics in regards to his/her health care issue and we may open an investigation into the matter. Prisoners should include all relevant documentation pertaining to the issue that may help our office with the investigation. Lastly, our office will notify the prisoner when we have determined an appropriate course of action.
After contacting our office, prisoners should continue to kite health care if their health complaint has not been resolved. In addition, prisoners should also continue any recommended course of treatment unless; continuing such would result in further injury. Prisoners should keep a log or diary of their medical issues, contacts with health care staff, and any response from health care staff.
First, if there is a health care dispute, prisoners should kite health care concerning his/her concerns and try to resolve this issue directly with health care. This allows MDOC health care to specifically address and hopefully resolve the issue. If this doesn’t remedy the health concern, a prisoner may file a grievance, which can potentially resolve the issue as well. Prisoners may begin a grievance and then immediately notify us rather than waiting for a medical grievance to be completed, especially with urgent medical issues.
If MDOC health care is unable to resolve a prisoner’s health concern, the prisoner may write to our office with specifics in regards to his/her health care issue and we may open an investigation into the matter. Prisoners should include all relevant documentation pertaining to the issue that may help our office with the investigation. Lastly, our office will notify the prisoner when we have determined an appropriate course of action.
After contacting our office, prisoners should continue to kite health care if their health complaint has not been resolved. In addition, prisoners should also continue any recommended course of treatment unless; continuing such would result in further injury. Prisoners should keep a log or diary of their medical issues, contacts with health care staff, and any response from health care staff.
Who can complain to the Ombudsman?
The Ombudsman accepts complaints from any source. Family members, friends, prisoners, parolees, Legislators, and MDOC employees may submit initial complaints to the Ombudsman.
What can I complain about?
The Ombudsman’s office investigates complaints that allege a violation of MDOC policy or state law. Examples of such complaints include those involving medical and mental health treatment, programming, grievance procedures, misconducts, security classification, protection concerns, employee misconduct, etc.
Prisoners should attempt to resolve their concerns through the available administrative remedies, including the grievance process, before sending the complaint to the Ombudsman, unless it is an immediate health and/or safety issue.
Prisoners should attempt to resolve their concerns through the available administrative remedies, including the grievance process, before sending the complaint to the Ombudsman, unless it is an immediate health and/or safety issue.
How do we file a complaint with the Ombudsman office?
Friends and family members can file a complaint with the Ombudsman office simply by calling our office, sending an email, or mailing a letter.
When contacting the Ombudsman office, please be prepared to provide the prisoner’s name, MDOC number, and a brief summary of the issue. However, we usually need to hear directly from the prisoner prior to initiating an investigation. This ultimately means a prisoner will need to send us a letter explaining his or her complaint.
The Ombudsman’s office does not have the resources to accept calls directly from a prisoner, nor do we accept JPay messages at this time. Prisoners can only contact our office by sending us a letter detailing their complaint. Our mailing address is as follows:
Legislative Corrections Ombudsman
P.O. Box 30036
Lansing, MI 48909
Prisoners are also encouraged to include relevant documentation with their letter that may help support their complaint. Prisoners are welcome to send us original documents; we will copy their documents for the case folder and return their originals back to them.
Complaints are then reviewed and investigated in the order they are received. Since we have such a small number of staff, this process may take some time.
When contacting the Ombudsman office, please be prepared to provide the prisoner’s name, MDOC number, and a brief summary of the issue. However, we usually need to hear directly from the prisoner prior to initiating an investigation. This ultimately means a prisoner will need to send us a letter explaining his or her complaint.
The Ombudsman’s office does not have the resources to accept calls directly from a prisoner, nor do we accept JPay messages at this time. Prisoners can only contact our office by sending us a letter detailing their complaint. Our mailing address is as follows:
Legislative Corrections Ombudsman
P.O. Box 30036
Lansing, MI 48909
Prisoners are also encouraged to include relevant documentation with their letter that may help support their complaint. Prisoners are welcome to send us original documents; we will copy their documents for the case folder and return their originals back to them.
Complaints are then reviewed and investigated in the order they are received. Since we have such a small number of staff, this process may take some time.