ALABAMA

Last updated: January 2021

Overview of the Grievance Procedure

There is no clear grievance policy for people incarcerated by the Alabama Department of Corrections (“ADOC”) as it currently stands. On October 7, 2014, ADOC responded to an open records request for their grievance procedure by stating that, “Alabama does not have an inmate grievance system in place.”

This is very confusing, because an Alabama regulation states that in order to file a lawsuit for any grievance, you are required to exhaust all available grievance procedures the prison provides. Ala. Code 1975 § 14-15-4(b). Therefore, we recommend you carefully review your “inmate handbook” AND ask ADOC staff for information on how the grievance process works at your facility, as well as a copy of any forms that you are required to use when filing a grievance. If you receive information, be sure to follow each step of the process (including appeals) and make a note of any deadlines. If you’re told that no grievance process or forms exist, ask another staff member the same questions to get confirmation. Write down all the details about your efforts to get a grievance form so you can argue that exhaustion was futile if need be.

Sexual Assault & PREA

You can report sexual abuse or sexual harassment several different ways:

• by calling the PREA hotline (dial 91 on the prison phone)

• depositing a complaint to speak with the PREA Compliance Manager in the PREA drop box (there should be a drop box located in every ADOC facility)

• reporting the incident to a staff member verbally

• making a request in writing to the ADOC Investigations and Intelligence Division

• reporting through a third party (i.e., a friend or a legal organization).

 

If you are assaulted or witness an assault, consider reporting it immediately and preserving potential evidence like DNA samples and the clothes you wore during the assault.

DOC Policies Applicable to LGBTQ Prisoners

Gender Dysphoria Healthcare Policy

The ADOC has an official policy of providing medically necessary treatment to people with diagnoses of gender dysphoria, which is codified in ADOC Administrative Regulation (“AR”) 637, entitled “Gender Dysphoria.” Diagnoses for gender dysphoria will be made by medical professionals within your facility or by contracted medical professionals. This will occur whether you self-identify as having gender dysphoria or if it is identified by staff members upon admission to the ADOC, PREA intake procedures, or observation of symptoms while housed in an ADOC facility. There are several steps and avenues to the process of identification and diagnosis of gender dysphoria, all of which are explained in AR 637.

AR 637 provides opportunities to initiate hormone treatment or continue hormone treatment that began prior to incarceration upon review and verification of your prior treatment records. Anyone who is on a hormone treatment plan will be placed on both the medical chronic care treatment list and the mental health caseload. This allows the Gender Dysphoria Management and Treatment Committee (“GDMC”) to review your treatment plan at least twice a year to determine if medications or treatment plans need to be adjusted.

 

 

State Policy on Name Changes

Alabama’s policy on name changes is very restrictive. You cannot legally change your name if you are currently facing criminal charges, or while you are involved with a court case. You also cannot legally change your name if you have been convicted of a felony or crime of moral turpitude. “Moral turpitude” means you were convicted of one of a long list of crimes such as murder, manslaughter, assault, rape, drug trafficking or others found under the Definition of Moral Turpitude Act, HB 282. If you have been convicted of a sex offense, the only time you can change your name is if “the change is incident to a change in the marital status of the sex offender or is necessary to effect the exercise of the religion of the sex offender.” Ala. Code 1975 § 15-20A-36(a). People who do not fit into these categories can change their name by filing a petition with your local probate court. (A probate court it a court that primarily deals with wills and estates). You will have to pay a filing fee that varies in price depending on the probate court. To find your local probate court, we recommend you ask prison staff for information.

Unfortunately, even if you successfully change your name while incarcerated, prison staff can continue to use your old name. Your old name must also appear first in all your records and correspondence, followed by your new legal name. See AR 448.

CALIFORNIA

Last updated March 2021

DOC Policies Applicable to LGBTQ Prisoners

Thanks to the Transgender Respect, Agency, and Dignity Act, Senate Bill 132, which went into effect in January 2021, the California Department of Corrections and Rehabilitation (“CDCR”) is now required to house transgender people in men’s or women’s facilities based on their own safety preferences. CDCR is also required to search and pat down transgender people based on their gender identity, and to respect their pronouns. Although CDCR can deny placement requests based on safety reasons, all denials must be placed in writing.

FLORIDA

Last updated: January 2021

 

Overview of the Grievance Procedure

Depending on the type of grievance you plan to file, you may be required to file an “informal grievance” before you file your “formal grievance.” If your grievance is about sexual abuse, an emergency situation, the return of incoming mail, a violation of the Americans with Disabilities Act, placement in close management, gain time, medical care, reprisal, bank issues, or disciplinary action, you do not need to file an informal grievance, just file a formal grievance within fifteen days of the incident. (NOTE: there is no time limit for filing a grievance related to sexual abuse.) The full list of grievances that are exempt from this informal grievance process is articulated in Fla. Admin. Code r. 33-103.006(3).

Informal Grievance Process

For any other type of grievance, the Florida Department of Corrections (“FDOC”) requires you to file an informal grievance within twenty days after the incident occurred. See Fla. Admin. Code r. 33-103.011(1)(a).

To file an informal grievance, use Form DC6-236, Inmate Request, and write “Informal Grievance” on the form. Fill it out and put it in the locked grievance box available in your open population or special housing unit. Be sure to sign the form. A grievance coordinator should respond to your request within fifteen days, and will either approve, deny, or return the grievance without action. After you get the grievance coordinators’ response, or if fifteen days pass without a response, you have fifteen days to start the formal grievance process.

Formal Grievance Process

Your formal grievance can only address one issue or complaint. To file a formal grievance, complete a Form DC1-303, Request for Administrative Remedy or Appeal, fill out your identifying information and state what happened. If you also filed an informal grievance, attach the informal grievance form and response to prove you completed that step. You must also date and sign the form. Put your grievance in the locked grievance box available in your open population or special housing unit. You should receive a decision within twenty days of its receipt. The response will state whether the grievance was approved, denied, or merely returned, and provide the reasons why.

 

If your grievance is denied or you do not receive a reply by the agency’s deadline, you should immediately file an appeal by filling out a form DC1-303, Request for Administrative Remedy or Appeal, and attaching your grievance. Mail the completed form to:

Bureau of Policy Management and Inmate Appeals
501 South Calhoun Street,
Tallahassee, FL 32399-2500

 

The appeal form must be received within fifteen calendar days from the date you got the response to your formal grievance, so mail your appeal as soon as possible to allow time for processing and mailing.

 

Sexual Assault & PREA

You can report sexual abuse or sexual harassment by filing a grievance yourself or through a third party. A third party can be another prisoner, a staff member, or an individual outside of the FDOC who can file on your behalf. See Fla. Admin. Code r. 33-103.006(3)(j). You can also report an incident to a staff member verbally. The FDOC suggests that reports should be made “immediately” for the sake of ensuring your safety and the integrity of potential evidence, but you are not required to submit either an informal or formal grievance within a specific timeframe. If a third party is filing the grievance on your behalf, they can only do so by filling out the DC1-303, Request for Administrative Remedy or Appeal and note that it is for a sexual abuse grievance.

 

FDOC may claim an extension of time of up to seventy days to respond to a PREA grievance if it believes that the normal response requirements will be insufficient to properly investigate the grievance. If this is the case, then you will be notified of the extension and a date by which to expect the decision in writing. If, however, it is an emergency grievance and you express your belief that you are subject to a substantial risk of imminent sexual abuse, the FDOC must respond within forty-eight hours from the receipt of the grievance, and a final decision determining whether or not you are in substantial risk of imminent sexual abuse will be issued within five calendar days of the receipt of the grievance.

 

DOC Policies Applicable to LGBTQ Prisoners

Gender Dysphoria Healthcare

According to FDOC Policy 403.012, Identification and Management of Inmates Diagnosed with Gender Dysphoria, transgender people will be evaluated to confirm their gender dysphoria diagnosis and will then be transferred to an FDOC facility specially designated to treat gender dysphoria. Once there, you will be eligible to receive treatment including hormone therapy, gender-affirming undergarments and canteen items, and allowances such as wearing make-up (in the housing unit only) and growing long hair. You can also use your preferred titles (Ms., Miss, Mr.) and pronouns in FDOC correspondence, and update your records to reflect a new legal name if you obtain a court-ordered name change that states “change all records.” FDOC encourages its staff to use gender-neutral titles (such as “Inmate Smith”) to prevent misgendering. FDOC also offers group and individualized therapy to transgender people at its gender dysphoria treatment facilities.

State Policy on Name/Gender Marker Changes

In Florida, if you have been convicted of a crime that could result in a prison sentence, you will not be able to change your name unless you receive a pardon or successfully apply for a full restoration of your civil rights. See Fl. Const. Art. 10 § 10; F.S.A. § 68.07; F.S.A. § 944.292(1). For information on the restoration process, visit https://www.aclufl.org/en/restore-your-rights or https://www.fcor.state.fl.us/restoration.shtml.

 

If your civil rights have been reinstated, you can file a petition to change your name with the Chancery Court in the county where you reside. See F.S.A. § 68.07(1). You must pay for fingerprints and a background check that will look at your criminal history on both the state and national levels. See F.S.A. § 68.07(2). If you are unable to afford the fees, you can apply for a waiver; you can request the form for this at the court, but you will need to pay a $25-dollar administrative fee.

Mississippi

Last updated: January 2021

Overview of the Grievance Procedure

Mississippi has a two-step process for exhausting administrative remedies.

•  Step 1: Initial Grievance. First, file a grievance within thirty days of the incident you want to complain about using the printed forms provided by the Administrative Remedy Program (“ARP”). However, if you are found guilty in a disciplinary hearing, you have fifteen days to appeal the decision in writing to the ARP Director.

 

 

Your initial complaint should explain what happened, including who was there, when it was, where it was, and include the words “This is a request for an administrative remedy.” Carefully follow all instructions, and be sure to address only one incident in each grievance. Submit your completed grievance to the ARP along with an Inmate Legal Assistance Program request form, which you can request from the tower officer in your housing unit. The ARP has ninety days to respond to your initial complaint. If the ARP rejects your grievance for a technical reason, or because your complaint is not clear or you have attached too much information, you have five days to revise your grievance and submit it again.

•  Step 2: Appeal. Second, file an appeal within five days if your Step-One grievance is denied or you do not receive a reply by the agency’s deadline, using Form ARP-2. Explain why you are appealing, but you do not have to describe the incident you are complaining about again. You should use the envelope you were given with the response to mail this form. If you need an extension at any time, you can request one by writing to the ARP Director.

Emergency Grievances:

If you need to make an emergency complaint because going through the regular timeline would put you at a substantial risk of personal injury or cause you serious and irreparable harm, you can send an emergency request to the ARP Director, who will review it immediately. You can also file your complaint directly with the ARP Director if you believe you would be harmed if your complaint became known about at your facility. If the ARP Director believes your complaint is not an emergency, you will have five days to resubmit your request through the regular channels.

 

Sexual Assault & PREA

You can report sexual assault, sexual harassment, or sexual misconduct by calling a dedicated PREA tip line from the prison phone: lift the handset, select your language preference, dial the tip-line number for your facility (either 9999#, 9909#, or #99), and leave a voice message. Third parties (like your friends or family members) can access the tip line by calling 1-601-359-5600. You can also report an incident to a staff member, either verbally or in writing. Additionally, you can report sexual abuse and get confidential support services such as counseling by writing to the Mississippi Coalition Against Sexual Assault at P.O. Box 4172, Jackson, MS 39296 or calling 1-888-987-9011.

 

DOC Policies Applicable to LGBTQ Prisoners

Gender Dysphoria Healthcare

At the time of publication, Mississippi did not have an express policy on gender dysphoria treatment and care. However, transgender people incarcerated in MDOC have a Constitutional right to receive hormone therapy and other necessary treatments, regardless of whether a formal policy exists.

 

State Policy on Name/Gender Marker Changes

There is no statute or case law in Mississippi that limits the rights of people in prison to change their names. However, the name-change petition forms ask people to certify that they do “not have any outstanding judgments,” have “never been convicted of a crime, and are “not involved in any pending legal actions.” This may mean that currently and formerly incarcerated people will face challenges when trying to change their name. However, you can still try to initiate a name change by petitioning the chancery court in the county where your facility is located. See Miss. Code Ann. § 93-17-1.

New York

Last updated: January 2021

 

Overview of the Grievance Procedure

New York State’s grievance process has three main steps. See Part 701 of Title 7 of the N.Y. Codes, Rules and Regulations (NYCCR); and DOCCS Directive No. 4040 released in 2016. 

• Step 1 – Initial Grievance & IGRC Decision: You must file and submit an Inmate Grievance Complaint (Form #2131 or plain paper) to the Inmate Grievance Resolution Committee (IGRC) within twenty-one days of an incident. However, if your complaint is about sexual assault, no deadline applies. Your complaint should include the following information:

  • Your name

  • Department Identification Number

  • Housing unit, program assignment, and any other identifying information

  • A short, specific description of the problem and the remedies you are requesting; and

  • Details of the actions you have already taken to try to resolve the complaint, including people you have contacted and responses you have received.

  The IGRC will schedule you for a hearing within sixteen days after you filed your complaint unless they’re able to resolve it informally. At the hearing, you will have an opportunity to appear at the hearing and present relevant information, comments, or evidence in support of your grievance. You can also ask any witnesses who have relevant information to come to the hearing and speak. The IGRC acts as the judge. The hearings are governed by NYCCR Section 701.5(b)(2). If you object to any of the prisoner representatives on the IGRC, you can say so and these representatives will not participate in the process. NYCCR Section 701.6(c). The IGRC will discuss your grievance in private and make a decision. NYCCR Section 701.5(b)(3). Their decision must be communicated to you in writing with reasons stated within two working days. If their decision requires the Superintendent or Central Office to take action, then their decision will be referred to as a “recommendation” and will be referred to the Superintendent.

•  Step 2 – Appeal to the Superintendent: If your Step One grievance is denied, you have seven days to appeal. You must file an appeal to the Superintendent by submitting a Form 2131 with the Grievance clerk. The Superintendent will determine whether your grievance is a Departmental or Institutional issue. Departmental issues are complaints that ask DOCCS to change one of its policies or directives. These grievances will be forwarded to the Central Office Review Committee (CORC) and you will receive notice that your complaint has been forwarded. If the grievance is an Institutional issue, the Superintendent will provide a written response within twenty calendar days. If you have not received a decision within forty-five days, you may appeal to the CORC.

• Step 3 - Appeal to the Central Office Review Committee (CORC): If your Step 2 grievance is denied or you do not receive a reply within forty-five days, file an appeal to the CORC using Form 2133, regardless of whether your complaint was an Institutional or Departmental issue. Appeals must be filed with the Grievance Clerk within seven days of receiving the Superintendent’s response, or the expiration of the agency’s deadline. CORC will review the decision and send you its decision within thirty days after they received the appeal. If you have not received a decision within forty-five days of filing your appeal, you should send a letter to the IGP supervisor to make sure your appeal was filed and received by the CORC.

Sexual Assault & PREA

You can report sexual abuse, sexual harassment, and retaliation in connection with one of these matters by talking to staff at your facility, writing to the Superintendent, a member of the facility Executive Team, the Central Office, the DOCCS Office of Special Investigations (OSI) or to the DOCCS PREA Coordinator. The address and hotline for OSI is listed below.

 

Office of Special Investigations
Department of Corrections and Community Supervision
State Office Campus, Building 2
1220 Washington Avenue,
Albany, New York 12226-2050
(518) 457-2653  |  Hotline: 1-844-OSI-4NYS

 

You can also have a third party file a report on your behalf. This can be done by contacting your facility’s Superintendent or, if after hours, the Watch Commander. The twenty-one-day time limit for filing grievances does not apply to sexual harassment or abuse complaints.

Victims of sexual abuse will have access to forensic medical examinations at an outside facility and these examinations will be performed by Sexual Assault Forensic Examiners (SAFEs) or Sexual Assault Nurse Examiners (SANEs) whenever possible.

DOC Policies Applicable to LGBTQ Prisoners

Gender Dysphoria Healthcare

People who receive a gender dysphoria diagnosis in custody or prior to their incarceration will be eligible to receive hormone therapy according to DOCCS Division of Health Services Policy No. 1.31, which was updated in 2018. You can request a screening and treatment at any point during your incarceration, and your FHS1 Problem List will be updated. DOCCS cannot discontinue your hormone therapy unless it is medically urgent or the DC/CMO gives approval for it to end.

If you have a gender dysphoria diagnosis, you can also request gender-affirming underwear through your facility’s Health Unit. Once approved, the Deputy Superintendent for Administration at your facility will order your undergarments and issue you a medical permit to possess and wear these garments. Note: you cannot receive gender-appropriate undergarments through the Package Room or personal purchase.

There is no formal policy that describes your rights to receive gender affirming surgeries. However, once you have a gender dysphoria diagnosis, you can ask your primary health care provider about your surgery options. Your primary provider will need to get permission from the DC/CMO, and you will likely be given an opportunity to have a consultation with an outside specialist. If you experience any significant delays during this process, you should ask for the reasoning for the delay. There is no set timeline that DOCCS must follow for surgery consultations, but you can report unreasonable delays through the grievance process. 

 

 

State Policy on Name/Gender Marker Changes

New York allows incarcerated people and people on parole to seek name changes by submitting a notarized Petition, explaining why you want to change your name, an Order, and Exhibits like your birth certificate (if you’re a New York State Resident) and your criminal record to the NYS Supreme Court in the county where you are located. However, people who have been convicted of a violent offense also have to serve copies of their Petition to the District Attorney of every county where you have been convicted of a violent felony, and each court where you were sentenced. For a list of violent felonies, see New York Penal Law § 70.02.

For a complete guide to the process and template letters and forms, you can write to:

Sylvia Rivera Law Project,
Attn: Prisoner Justice Project,
147 W. 24th Street, 5th Floor,
New York, NY 10011

The name change process for incarcerated individuals can take anywhere between three and twelve months, depending on how quickly you can obtain the supporting documentation described below. You will also be asked to pay a filing fee of $210 in most upstate counties or $65 in New York City. You can try to have these fees waived by filing an “Affidavit in Support of Application Pursuant to C.P.L.R. 1101(f) for Reduced Filing Fees” in which you state your income and reasons for needing a waiver. However, most counties do not waive their filing fees.

 

Hearings:
New York courts generally rule on name changes without having an in-person hearing. However, if you receive a letter from the court asking you to appear for a hearing, you should be prepared with short answers about why you want your name change. You might hear the counterargument that your name change should not be granted because it will create record-keeping confusion, but you can argue that justification is not valid.

 

Publication:
After your name change has been granted, you will need to publish your new name in a newspaper. Newspapers are accustomed to these requests. You can write to a newspaper, explain what you need, and they will send you an affidavit of publication after the notice appears. You will have sixty days from the date of the order to complete publication and ninety days to file proof of this publication. This requirement generally cannot be waived for incarcerated people and especially not for those who have been incarcerated for a violent felony. You will likely need to publish this Notice in your county of incarceration and perhaps also in the county of your conviction.

 

Once you have completed the above steps, you should request at least one certified copy of the name change order from the clerk of the court so you can save it for your records.

North Carolina

Last updated: January 2021

Overview of the Grievance Procedure

North Carolina has a three-step process for exhausting grievances. See Chapter G, Section .0300 of the North Carolina Department of Public Safety policies and procedures.

•  Step 1: Initial Grievance. First, submit a written grievance using Form DC-410 to a designated screening officer or any other staff member within ninety days of the incident you want to complain about. This deadline does not apply to sexual abuse or sexual harassment complaints. After you submit your grievance, a Screening Officer will review it and decide whether to accept it for processing or reject it within three days. Your grievance may be automatically rejected if it challenges a matter already decided by a court, challenges a disciplinary action, is outside of the ninety-day time limit, or if the language in your grievance is profane or vulgar. If the screening officer rejects your grievance, they have to tell you in writing and give you the opportunity to resubmit the grievance on a new form.

  If the screening officer determines that your Step 1 grievance can be considered, then it moves forward to an investigation. You should receive a written response to your grievance within fifteen days of its acceptance. If you do not receive a response to your grievance within fifteen days, you should file a new grievance stating you are treating the non-response as a denial and will therefore appeal that denial and submit an appeal through the Step 2 process.

•  Step 2: First Appeal. If your grievance is denied OR you do not receive a reply by the agency deadline, you must appeal within twenty-four hours by submitting a Form DC 410 to the Facility Head. The Facility Head will then start an investigation which must be completed within fifteen days. You should receive a written response within twenty days from the day you were informed your grievance was accepted. The Facility Head may then investigate your grievance or assign a staff member to investigate. If your grievance is about the Facility Head themselves, then they will send your grievance to the Region Director to complete this step of review.

• Step 3: Final Appeal.  If you are not satisfied with the Step 2 decision or do not receive a response by the deadline, you must submit your appeal to the Inmate Grievance Examiner (IGE) within twenty-four hours. If you do not submit your appeal within twenty-four hours, you will lose your right to appeal the earlier decisions. You should be informed of the final decision on your grievance within fifty days of the acceptance of your grievance, although the prison may extend its response time by a maximum of seventy days if they notify you in writing. Once you have received your final grievance response at Step 3, you have completed this grievance process and you may move forward with a legal claim. 

Sexual Assault & PREA

You may report incidents of sexual assault or abuse in a variety of ways and there is no time limit for when you can file these complaints. You can use the grievance procedure listed above at any point and the PREA office at your facility will be immediately notified. Complaints about sexual abuse or harassment submitted through the grievance procedure are not allowed to be instantly rejected for any reason. Alternatively, you can make a report to any staff member, call the Department of Public Safety Communications office at 1-800-368-1985 or the PREA Administration Office at 919-825-2754.

DOC Policies Applicable to LGBTQ Prisoners

Gender Dysphoria Healthcare

In August 2019, North Carolina released a new policy called Evaluation and Management of Transgender Offenders and created Facility Transgender Accommodation Review Committees (TARC), with representatives from psychiatry, behavior health, primary health care provider, nursing, and other medical fields, to determine whether gender dysphoria treatment and accommodations are needed.

 

You can ask to be referred to the Facility TARC for a treatment consultation at any point during your incarceration, including when you are processed or transferred to another facility. In addition to hormone therapy, you may ask for undergarments that match your gender identity, private showering, special housing considerations, and hygiene/hair products. During the individualized consultation, you will be asked to sign an authorization for release of information so that the facility may obtain all medical and mental health records and you will be interviewed by the TARC as well as a licensed behavioral health clinician. The licensed behavioral health clinician will ask for input from a staff psychiatrist and then complete an evaluation.

Hormonal therapy:
If you were receiving hormone therapy immediately before your incarceration, your hormone therapy will be continued. The policy states that “Interruption in hormone therapy should be avoided unless otherwise clinically indicated.” If you are asking to begin hormone therapy for the first time, your request will be reviewed by the TARC and the TARC will submit a recommendation to the Director of Prisons and Deputy Secretary of Health Services for a final decision. Their decision must be summarized in writing using the Form DC-411D. The policy does not state how quickly you will receive a decision.

Surgeries:
Any requests for gender affirming surgeries will be reviewed by the TARC who will then make a recommendation to the Director of Prisons and Deputy Secretary of Health Services for a final decision.

State Policy on Name/Gender Marker Changes

To change your name in North Carolina, you must submit the six documents listed below to the clerk of the superior court of your county. However, if you are currently registered as a sex offender, name changes are banned.

1. Petition for Name Change: Your petition must include: your true name, your county of birth, date of birth, the full name of your parents as shown on your birth certificate, the name you want to use, the results of the criminal background checks, and a sworn statement as to whether you are a resident in the county which you are filing your petition and whether or not you have outstanding tax or child support obligations.
2. North Carolina State Background Check: To request a copy, complete a Criminal History Request Form (or write and request one) and send along with $14 to:
   
   North Carolina State Bureau of Investigation
   Criminal Information and Identification Section
   Attention: Application Unit – Right to Review
   3320 Garner Road, P.O. Box 29500
   Raleigh, NC 27626-0500
    
3. FBI background check: To request copy, fill out an Applicant Information Form (or write and request one) and send the form along with $18 to:
   
   FBI CJIS Division – Summary Request
   1000 Custer Hollow Road,
   Clarksburg, WV 26306
    
4. Affidavit of Character: You will probably need signed and notarized Affidavits of Character from two adults who are also residents in your county and are not members of your family. While most counties require these affidavits, some do not.
5. Notice of Intent to Change Name form: Before filing your petition, you will need to fill out a Notice of Intent to Change Name form and submit it to your county courthouse to be posted on a bulletin board for ten consecutive business days. If you have a legitimate concern for your safety in regard to making your name change public, you may be exempted from this requirement.
6. Filing Fee: The filing fees for each county are different, but $120 is typical. You can request a fee waiver in most counties but might need to first write the clerk and ask for a fee waiver form. Once the materials above have been received, the clerk will then determine whether there are good and sufficient reasons to either accept or deny your petition.

SOUTH CAROLINA

Last updated: January 2021

 

Overview of the Grievance Procedure

South Carolina has a four-step process for exhausting grievances that is summarized in SCDC Policy/Procedure GA-01.12, Inmate Grievance System.  

• Step 1 Informal Grievance. First, you must make an effort to informally resolve your grievance by submitting a Request to Staff Member Form to an appropriate staff member within eight working days of the incident you are complaining about. However, sexual assault grievances may be filed at any time. If your grievance concerns criminal activity or a disciplinary conviction, complete a Form 10-5, Step 1 within five working days of the incident instead.

• Step 2: Formal Grievance. Next, submit a formal grievance using Form 10-5, Step 1, within eight working days of receiving the response to your Request to Staff Member Form. Be sure to describe the issue you are complaining about, including the date and time of the incident, and why you believe you are entitled to relief. Also detail your attempts to resolve the problem informally and include a copy of the Request to Staff Member Form. You can file the grievance by placing the form in one of the dedicated grievance drop boxes.

  The Warden will respond in writing on Form 10-5, Step 1, within forty-five days of the date the grievance was formally entered into the system. The Warden will explain in detail the reasoning behind the decision and what remedies are recommended. You will be informed of your right to appeal to the next level. If you do not receive a response within forty-five days, you should move to the next step.

•  Step 3: Agency Appeal. Next, appeal to the Deputy Director of Operations by completing Form 10-5a, Step 2 within five calendar days of your receipt of the Warden’s response, or expiration of their deadline to respond. Explain why your appeal should be granted, and place your completed form in the grievance drop box. You will receive a response within ninety days. This will be the department’s final decision in the matter.

• Step 4: Court Appeal. Finally, submit an appeal to the South Carolina Administrative Law Court within thirty days of receiving the department’s final response, using the Notice of Appeal attached to the department’s final response, to fully exhaust your administrative remedies under the PLRA.

 

 

Additional Restrictions:
You are only allowed to file five grievances per month, including any grievances that are returned unprocessed because the Inmate Grievance Coordinator has decided the issue you are complaining about is not grievable. You can file an emergency grievance if your health, safety, or welfare is in serious danger and you believe there is a substantial risk of personal injury or other serious or irreparable harm. This will be forwarded directly to the Warden, who will respond within seven working days. If the Warden decides that the grievance is not an emergency, it will be processed as a normal grievance instead.

Sexual Assault & PREA

You can file a grievance about sexual abuse at any time even if the deadline for filing a Step 1 grievance has passed. You do not need to attempt informal resolution by filling out a Request to Staff Member form before filing a grievance about sexual assault. A third party such as another prisoner, a family member, a friend, or an attorney can assist you in filing a grievance and can also file on your behalf; however, you must give written consent to the grievance being filed on your behalf. You will receive a final response within ninety days of filing a grievance regarding sexual abuse, though this can be extended by another seventy days. If you file an emergency grievance showing substantial risk of imminent sexual abuse, this grievance will be immediately forwarded to the Warden and you will receive a response within five days.

You can also report sexual abuse by calling *22 from any prison phone, making a complaint to any staff member, or writing to South Carolina Law Enforcement Division at P.O Box 21398, Columbia, SC 29221. You can also call a sexual assault center outside of the prison by calling *63 from any prison phone. A friend or family member can report sexual harassment or assault through an Anonymous PREA Tips form on the South Carolina Department of Corrections’ website.

 

DOC Policies Applicable to LGBTQ Prisoners

Gender Dysphoria Healthcare

South Carolina Department of Corrections issued a policy in September 2017 to ensure people with gender dysphoria receive medically necessary treatment and safe housing. The policy, which is codified in SCDC Policy/Procedure GA-06.09, Care and Custody of Transgender Inmates and Inmates Diagnosed with Gender Dysphoria, states that gender dysphoria diagnoses will be made by medical professionals within your facility or by referral to outside medical professionals. Once diagnosed, you will be eligible to receive treatment including hormone therapy and other accommodations.

 

SCDC GA-06.09 also requires that one’s gender identity and expression and one’s views about their own health and safety to be considered when SCDC makes housing decisions regarding transgender people and people with gender dysphoria, so that placement in male and female facilities are each available on a case-by-case basis. You can also indicate in writing which gender you feel most comfortable being searched by, and this preference will be accommodated when possible.

 

 

State Policy on Name/Gender Marker Changes

You can change your name by petitioning the family court in the county where your facility is located. See S.C. Code Ann. § 15-49-10. You will have to pay a filing fee of $100. S.C. Code Ann. § 15-49-30; S.C. Code Ann. 8-21-310(C)(1). Include in your petition your age, your place of residence and birth, the reason for the change, and the new name you wish to be known by. S.C. Code Ann. § 15-49-10. You must attach the following records to the petition or arrange for them to be provided directly to the court: the results of a fingerprint and criminal background check conducted by the State Law Enforcement Division; a screening statement from the Department of Social Services indicating whether you are on the Central Registry of Child Abuse and Neglect; an signed affidavit stating whether you are under a court order to pay child support or alimony; and a screening statement from the State Law Enforcement Division stating whether you are listed on the sex offender registry. S.C. Code Ann. § 15-49-20(A). When you request the background check from the State Law Enforcement Division, you must include a signed affidavit stating that you have never been convicted of a crime under a name other than the one you are using to make the request. S.C. Code Ann. § 15-49-20(F).

 

If the judge grants your petition for a name change, the clerk of court will notify the Department of Corrections of your new name and the Department of Corrections will update your record. S.C. Code Ann. § 15-49-20(C). Additionally, the clerk of court will notify the State Law Enforcement Agency, which will update your name on your criminal record. S.C. Code Ann. § 15-49-20(D). If you are on the Central Registry of Child Abuse and Neglect or the sex offender registry, the court will notify the appropriate agencies to update those registries with your new name. S.C. Code Ann. § 15-49-20(A)(2); S.C. Code Ann. § 15-49-20(A)(4).

Summary of Name Change Policies Nationwide

Below is a summary of the policies that apply to transgender and non-transgender name changes nationwide, current through July 2019.

State	Can people who are currently incarcerated change their names?	Can people with previous convictions change their names?	Can people who have been convicted as sex offenders change their names?
AL	Yes, but not if convicted of a felony, a sex offense, or a crime of moral turpitude.	If you have ever been convicted of a felony, a sex offense, or a crime of moral turpitude, you cannot change your name. You also cannot change your name while facing criminal charges or while involved in a court case.	No sex offender shall change their name unless the change is incident to a change in the marital status of the sex offender or is necessary to affect the exercise of the religion of the sex offender.
AK	Yes	Yes	No specific restriction
AZ	Yes	Yes, but certain convictions might lead a judge to deny your petition.	No specific restriction
AR	No, unless the name change is for religious reasons	No specific restriction	No specific restriction
CA	Yes	Yes, under limited circumstances.	If you are a registered sex offender, the judge will only approve your name change if they believe it will not harm public safety.
CO	Yes, but not if convicted adult felons or delinquents with the equivalent of an adult felony unless there is good cause.	A name change will not be granted for convicted adult felons or delinquents with the equivalent of an adult felony unless there is good cause.
CT	Yes	Yes	Yes
DE	Yes	Yes	Yes
DC	No specific restriction	Yes	Yes
FL	No, if your civil rights have been suspended, which means you have been convicted of a felony and have not received a pardon or a reinstatement of civil rights.	Unlikely	Will be a factor to consider.
GA	No specific restriction	No specific restriction	No specific restriction
HI	No specific restriction	No specific restriction	No, unless the court finds the name change to be in the best interest of justice and that the name change won't adversely affect public safety.
ID	Yes	Yes	No specific restriction
IL	Yes, but you can only change your name if incarcerated for a misdemeanor.	No, if you have a conviction for identity theft or have a felony conviction within the last ten years	No
IN	No	Yes	No specific restriction
IA	No, IDOC prohibits name change requests during incarceration.[1]	No specific restriction	No specific restriction
KS	Yes	Yes	Yes
KY	Yes	Yes	Yes
LA	Yes, if serving for non-felony.	Yes, after the sentence is satisfied, except for violent crime.	Yes
ME	No specific restriction	No specific restriction	No specific restriction
MD	No specific restriction	Yes	Yes
MA	No specific restriction	No specific restriction	No specific restriction
MI	Yes, but with higher burden of proof.	Yes, but with higher burden of proof.	Yes, but with higher burden of proof.
MN	Yes, but only once.	Yes	No specific restriction
MS	Probably not	Probably not.	Probably not.
MO	No specific restriction	No specific restriction	No specific restriction
MT	No specific restriction	No specific restriction	No specific restriction
NE	Yes	No specific restriction	No specific restriction
NV	Yes, but as a factor.	Yes, but as a factor.	Yes, but as a factor.
NH	Need a compelling case.	Yes.	Need a compelling case.
NJ	Yes	Yes	Yes
NM	No specific restriction	No specific restriction	No specific restriction
NY	Yes	Yes	Yes
NC	No specific restriction	No specific restriction	No
ND	Yes, but felony record will make it much less likely that your request will be granted.	Yes, but felony record will make it much less likely that your request will be granted.	Yes
OH	Yes, except for "sexually oriented offense" and "child-victim oriented offense".	Yes, except for "sexually oriented offense" and "child-victim oriented offense".	Yes
OR	Yes	No specific restriction	Yes
PA	Yes, unless incarcerated for felony.	Yes, if not convicted of a violent crime and not convicted of a felony in less than two years.	Yes
RI	No specific restriction	No specific restriction	No specific restriction
SC	Yes	Yes	Yes
SD	No specific restriction	No specific restriction	No specific restriction
TN	Yes, except for individuals who have been convicted of first-degree murder, second-degree murder, or a sex offense. Note that individuals who have been convicted of a felony have a higher burden of proof.	Yes, except for individuals who have been convicted of first-degree murder, second-degree murder, or a sex offense. Note that individuals who have been convicted of a felony have a higher burden of proof.	No
TX	No, if felony. Uncertain if misdemeanor.	Yes, if your record includes a felony, it must either be pardoned, or have been 2 years since your release.	Yes
UT	Yes	Yes	No
VT	Yes	Yes	No, unless compelling reason.
VA	No, unless good cause.	Yes	No, unless good cause.
WA	Yes, if for legitimate cultural reasons (which might include religion).	Yes	Yes, if for legitimate cultural reasons.
WV	No	Yes, if not finished the sentence of first-degree murder or felony kidnapping in the recent ten years.	No.
WI	Yes	Yes, however being currently on parole may affect your chance to change name.	No
WY	Yes	Yes	Yes