New Report Sheds Light on Fundamental Failures of New York State’s Prison Grievance Program
Post-Attica Grievance Process Unclear, Unfair, And Undermined by Delays & Retaliatory Actions Against Incarcerated Individuals Who Raise Concerns
BROOKLYN, NY – Today, the Correctional Association of New York (CANY) released a significant new report titled ‘“Smoke Screen:” Experiences with the Incarcerated Grievance Program in New York State Prisons.’ This in-depth study analyzes the responses collected from a system-wide survey of incarcerated individuals regarding the prison grievance process and finds the system to be “fundamentally failing.”
Coinciding with the 52nd anniversary of the Attica uprising, in which 33 incarcerated people and 10 correctional officers were killed, CANY’s report examines the efficacy of the Incarcerated Grievance Program (IGP), a process established partly in response to the 1971 tragedy.
Intended to provide an organized and equitable platform for addressing grievances, the IGP ought to be a crucial mechanism and potential safeguard for incarcerated people and a means for prison staff to legitimately address problems and concerns raised by those in custody. However, CANY’s report finds that the IGP is unclear, unfair, takes too long, and subjects incarcerated people to retaliation after they raise concerns. These factors damage the relationships between incarcerated people and staff, take away from the legitimacy of administrators and staff who are making genuine attempts to resolve problems, and as a result, disincentivizes both incarcerated individuals and staff to contribute to a safe and secure living and working environment.
In the coming months, CANY will release a series of measures to shed light on these problems and will propose realistic, sustainable solutions to address them.
"The grievance system lies at the core of whether incarcerated people perceive the system to be legitimate and fair," said Jennifer Scaife, Executive Director at the Correctional Association of New York. "Despite its centrality to a functioning system, the grievance process in New York appears to be broken. Incarcerated individuals must have access to a grievance process that is clear, speedy, fair, and just. We look forward to working with all stakeholders to recommend substantial reforms to this essential but flawed mechanism.”
“If we believe in democracy, due process, and in every human being’s right to be treated fairly and without cruelty, we must protect and hold sacrosanct those mechanisms by which those who are harmed can be heard and find remedy without fear or reprisals. As this critically important report documents, our most vulnerable citizens in New York state are in grave need of far greater protection in this regard,” said Dr. Heather Ann Thompson, Pulitzer Prize winning author of Blood in the Water: The Attica Prison Uprising of 1971 and its Legacy.
“Aided by the PLRA’s exhaustion requirements, the IGRC process operates largely as a protective layer for guards and staff, delaying or otherwise inhibiting incarcerated litigants from channeling their grievances through the judicial system. Most incarcerated New Yorkers know that filing a grievance is a mere formality, and that little will ever come of it,” said Darnell Epps, Yale Law Student and former grievance clerk at Five Points Correctional Facility.
“The Incarcerated Grievance Program, rooted in the aftermath of the Attica prison uprising, holds historical significance in both New York and the United States. The program was born out of this tragedy, aiming to provide incarcerated individuals with a fair venue to address their concerns. Yet five decades later, this report shows that the process is unclear, unjust, and undermined by delays and retaliatory actions. In short, it’s a fundamental failure. We shouldn’t wait another 52 years to get this right,” said Professor Andrea Armstrong, Loyola University New Orleans, College of Law.
Key findings from CANY’s report include:
Very low rates of grievances resolved in favor of incarcerated individuals.
A lack of trust in staff, incarcerated grievance representatives, superintendents, and DOCCS central office to handle grievances impartially.
Most grievances remain unresolved within departmental time limits, leaving individuals uncertain about the status of their cases.
Little clarity regarding the types of issues that fall under the purview of the IGP, with denials frequently lacking meaningful responses to the raised concerns.
Multiple physical and procedural barriers hindering the filing of grievances.
Widespread retaliation and a corresponding climate of fear surrounding the act of filing grievances among incarcerated individuals.
The breakdowns within the IGP have led to enduring and profound damage in the relationships between staff and incarcerated individuals.
This survey is the first step in a series of forthcoming initiatives that CANY will unveil in the coming months, which will include:
An in-depth analysis of administrative data, showing the average amount of time to resolve grievances at each level and facility.
Use of public reporting to discern trends in the IGP system over time.
A suite of recommendations, to be collaboratively developed with key stakeholders, including Incarcerated Grievance Representatives, facility staff, and DOCCS central office. These recommendations will include both practical measures to rectify deficiencies within the current system and proposals for the establishment of mechanisms to address the root causes of these failures.
A collective statement, in partnership with jail and prison oversight organizations nationwide, addressing the impact of the Prison Litigation Reform Act and the need for its repeal.
CANY administered a system wide survey to roughly 10% (2,805) of the prison population of New York State which received 540 responses (approx. 20% response rate). This survey, together with desk research into comparable programs across the US and abroad, a series of key-informant interviews with Incarcerated Grievance Resolution Committees, Incarcerated Grievance Program Supervisors, researchers and legal practitioners, inform the key findings in this report.
About CANY
CANY, under §146, of New York’s Correction Law, is charged with visiting and examining the state's correctional facilities to identify and report on prison conditions, the treatment of incarcerated individuals, and the administration of policy promulgated by the executive and legislature. Founded in 1844 by concerned citizens of the state and deputized by the state to provide monitoring and oversight of the state’s prisons in 1846, CANY is one of the first organizations in the country prescribed to administer civilian oversight of prisons.
