(a) As used in this section, an "ordinary administrative remedy" is a formal administrative process by which an inmate submits a grievance seeking redress or presenting concerns regarding any general or particular aspect of prison life which does not involve violence, sexual assault or sexual abuse against an inmate. An ordinary administrative remedy includes, but is not limited to, complaints concerning food quality, health care, appeals of prison discipline, physical plant, classification, staff treatment or some other alleged wrong.
(b) The Commissioner of the Division of Corrections and the Executive Director of the Regional Jail Authority are authorized to establish procedures for ordinary administrative remedies according to their respective authority for issuance of policies governing the conduct of inmates.
(c) An inmate may not bring a civil action regarding an ordinary administrative remedy until the procedures promulgated by the agency have been exhausted.
(d) An ordinary administrative remedy is considered exhausted when the inmate's grievance complies with duly promulgated rules and regulations regarding inmate grievance procedures, has been accepted, fully appealed and has received a final decision from the Commissioner of Corrections or the Commissioner's designee, or the Executive Director of the Regional Jail Authority, or the director's designee.
(e) The agency shall issue a final decision regarding an
ordinary administrative remedy no later than sixty days from the
date the inmate filed his or her initial grievance. Computation of
the sixty-day time period shall not include time consumed by
inmates in preparing any administrative appeal. The agency may
claim an extension of time to issue a final decision regarding an
ordinary administrative remedy of up to thirty days if the sixty
day final decision time frame is insufficient to make an
appropriate decision, except in cases involving a threat to health,
life or safety of the prisoner. The agency shall notify the inmate
in writing of any such extension and provide a date by which the
final decision regarding an ordinary administrative remedy will be
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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