                                 CODE OF VIRGINIA

AUTHORITY TO INVESTIGATE COMPLAINTS (§ 53.1-17.7)

A. The Office may initiate and attempt to resolve an investigation upon its own
initiative, or upon receipt of a complaint from an inmate, a family member or
representative of an inmate, a Department employee or contractor, or others,
regarding (i) abuse or neglect; (ii) conditions of confinement; (iii) decisions
or administrative actions by the Department; (iv) inactions or omissions of the
Department; (v) Department policies, rules, or procedures; or (vi) alleged
violations of law by Department employees or contractors that may adversely
affect the health, safety, welfare, or rights of inmates.

B. The Office may decline to investigate any complaint. Upon declining to
investigate a complaint, the Office shall notify the complainant in writing of
the decision not to investigate and shall include the reasons for such decision.
If the complainant is an inmate, the Office shall inform an inmate that the
inmate is entitled to use the Department&#8217;s policies regarding resolution
of inmate grievances and shall provide information and a complete set of forms
to the inmate to complete the resolution of inmate grievances. The Department
shall toll any procedural deadlines imposed on inmates for filing a grievance or
complaint as part of the administrative remedy process until five business days
after the inmate received the information and forms from the Office by inmate
legal mail process. The Office shall decline to investigate a complaint if the
inmate has failed to first use the Department&#8217;s policies regarding
resolution of inmate grievances, unless the inmate provides evidence that the
complaint is legitimate and the inmate made a good faith attempt to exhaust the
administrative remedy process and was impeded or procedurally defaulted by no
fault of his own. If the Office finds that inmates repeatedly assert their
inability to utilize the administrative remedy process despite their good faith
efforts, the Office may conduct an unannounced inspection of the facility in
question to determine whether the facility is making the administrative process
and grievance forms accessible to inmates.

C. The Office shall not investigate any complaints relating to an inmate&#8217;s
underlying criminal conviction. The Office may refer the complainant and others
to the appropriate resources or state or federal agencies.

D. The Office may not levy any fees for the submission or investigation of
complaints.

E. At the conclusion of an investigation, the Office shall render a decision on
the merits of each complaint. The Office shall communicate the decision to the
complainant and to the Department. The Office shall state its recommendations
and reasoning if the Office determines that the Department, or any employee or
contractor thereof, should (i) consider the matter further; (ii) modify or
cancel any action; (iii) alter a rule, practice, or ruling; (iv) explain in
detail the administrative action in question; or (v) rectify an omission. Upon
request of the Office, the Department shall inform the Office in writing about
any action taken on the recommendations or the reasons for not complying with
such recommendations. Aggregated information related to complaints received and
complaint resolutions shall be made publicly available pursuant to &#xA7;
53.1-17.8.

F. If the Office believes that there has been or continues to be a significant
issue with inmate health, safety, welfare, or rehabilitation, the Office shall
report the finding to the Governor, the Attorney General, the Senate Committee
on Rehabilitation and Social Services, the House Committee on Public Safety, the
Committee, and the Director.

G. In the event that the Department conducts its own internal disciplinary
investigation and review of one or more staff members as a result of the
investigation of the Office, such disciplinary investigation and review may be
subject to additional investigation and review by the Office to ensure a fair
and objective process.

H. Prior to announcing a conclusion or recommendation, the Office shall consult
with the Department or any person individually named in the conclusion or
recommendation. The Office may request to be notified, within a specified time,
by the Department of any action taken on any recommendation presented.

I. The Department and any employees or contractors thereof shall not discharge,
retaliate against, or in any manner discriminate against any person because such
person has filed any complaint or instituted or caused to be instituted any
proceeding pursuant to this article. Any alleged discharge, retaliation against,
or discrimination against a complainant may be considered by the Office as an
appropriate subject for investigation.

HISTORY: 2024, cc. 392, 393.