Hawaii's prison system has a challenge that no other state in this series faces the same way: a significant number of people sentenced by Hawaii courts are not housed in Hawaii at all. They are in private prisons on the mainland -- in Arizona, Oklahoma, and other states -- operated under contract with the Hawaii Department of Corrections and Rehabilitation (DCR). If you are one of those people, this article applies to you. You are under Hawaii DCR jurisdiction and you use Hawaii's grievance process, COR.12.03. But you face practical obstacles that inmates in Hawaii do not: forms may be harder to access, mail delays affect your deadlines, and the Inmate Grievance Officer coordinating your case is working across a significant distance.
For everyone in Hawaii DCR custody, whether housed in Hawaii or on the mainland, this article explains the process.
Hawaii's corrections department was reorganized effective January 1, 2024. The former Department of Public Safety was divided into two new departments: the Department of Corrections and Rehabilitation (DCR), which handles all correctional functions, and the Department of Law Enforcement. All references to the Department of Public Safety or PSD in older forms and policies now refer to DCR. The governing policy for inmate grievances remains COR.12.03, Inmate Grievance Program.
Why the Process Matters: The PLRA
The Prison Litigation Reform Act of 1995, 42 U.S.C. section 1997e(a), requires you to exhaust all available administrative remedies before a federal court will hear a lawsuit about prison conditions. In Hawaii, that means completing all three steps of COR.12.03 and receiving a final response from the Division Administrator (DA), or having the DA's response period expire without a response. The DA's decision is the final and ultimate recourse in the Administrative Remedy Process.
The Supreme Court in Woodford v. Ngo (2006) held that proper exhaustion requires following all procedural rules. Miss the 14-day initial filing window, fail to attach the informal resolution form, miss the 5-calendar-day appeal window between steps, or fail to sign the Receipt of Acknowledgment, and your grievance can be rejected or terminated. A terminated grievance is not an exhausted grievance.
The exhaustion requirement applies to conditions of confinement claims. It does not apply to habeas corpus petitions challenging your conviction or sentence.
Overview of Hawaii's Grievance System
COR.12.03 covers: any issue that implicates a right guaranteed by the State or Federal Constitution or Regulation as it relates to your own confinement. The scope is framed around constitutional and regulatory rights rather than the broader "any complaint" language used by some other states.
What cannot be grieved under COR.12.03:
- State and Federal Court decisions
- Laws and regulations
- Parole Board decisions, staff, and board member decisions
- Decisions of the Institutions Division Administrator, Deputy Director, and/or the Director of DCR
- Department policies
- Activities and services deemed a privilege
- Agencies outside the jurisdiction of Hawaii DCR Corrections Division
Property and negligence: If a grievance or appeal raises an issue involving negligence that cannot be resolved through the Administrative Remedy Program, the department will refer you to the administrative tort claim procedure. Monetary compensation is not available through the grievance process itself.
The three levels of the formal grievance:
Step 1: Section Supervisor or Inmate Grievance Specialist (IGS)
Step 2: Appeal to Branch/Core Program Administrator
Step 3: Appeal to Division Administrator (DA) -- Final
Step-by-Step: Filing Your Grievance
Step 0: Informal Resolution (Required First)
Before filing a formal grievance, you must first attempt informal resolution. Get Form PSD 8216, the Informal Resolution Form, from staff and submit it promptly after the incident. Briefly describe the problem, the date and time it occurred, and the action you want taken. Sign and date the form.
Staff will attempt to resolve the issue informally. If the issue is resolved and you accept the resolution, sign the form indicating acceptance. The process ends there.
If the issue is not resolved, you must still meet the 14-calendar-day deadline to file the formal grievance. Attach the completed Form PSD 8216 (with staff's response, or documentation that you attempted informal resolution) to your formal grievance when you file it.
Exceptions: You do not need to attempt informal resolution before filing if you are appealing Facility Adjustment Hearing findings and dispositions (disciplinary matters) or Program Committee decisions. The IGS/IGO may also waive the informal requirement if you demonstrate an acceptable reason for bypassing it.
Important: Obtaining assistance in preparing your grievance or appeal does not extend your time limits. If you need help, get it quickly.
Step 1: Formal Grievance to the Section Supervisor or IGS
Get Form PSD 8215 (the Administrative Remedy Form) from staff. Complete it legibly with all required identifying information. The Control Number section on the form will be assigned when the form is logged.
Deadline to file: Within **14 calendar days** of the date on which the basis of the complaint occurred. Valid reasons for an extension include: an extended period in transit separated from documents needed to prepare the grievance, an extended period when you were physically incapable of preparing the grievance, an unusually long informal resolution attempt, or unavailability of grievance forms. You must submit written verification of any claimed reason for delay.
What to write: State your complaint clearly in the space provided. One issue per grievance form. Closely related issues may be combined on one form. Multiple unrelated issues on one form = rejected and returned. The grievance must be individual in nature even if others are similarly affected. Attach one copy of any supporting documents you want considered; exhibits will not be returned. You are encouraged to keep a copy for yourself.
Where to submit: Deposit the completed, signed, and dated form in the mail receptacle at your facility. The IGS/IGO will log the receipt date into OffenderTrack, assign a Control Number, and return a goldenrod receipt copy to you. Keep that receipt.
Sensitive issues: If you reasonably believe the issue is sensitive and your safety would be at risk if the grievance became known at the facility, you may submit it directly to the appropriate branch or division administrator in a sealed envelope marked "Confidential."
Step 1 response time: **20 working days** from the date the grievance is logged. Working days are Monday through Friday excluding state holidays. The response time may be extended once by **20 more working days** if a written extension notice is given to you before the original 20 working days expire. If you receive no response within the allowed time (including any extension), treat it as a denial. You may then proceed to Step 2.
Emergency grievances: If your grievance concerns a situation threatening your immediate health or welfare, it will receive a response no later than the **third calendar day** after filing.
Receipt of Acknowledgment (ROA): When you receive a Step 1 response, you must sign the ROA acknowledging receipt. Failure to sign the ROA ends the grievance process for that issue. For responses sent through confidential mail, you must sign, date, and return the ROA before an appeal will be accepted. Do not ignore an ROA.
Step 2: Appeal to Branch/Core Program Administrator
If you are not satisfied with the Step 1 response, you may appeal.
Deadline to appeal: Within **5 calendar days** of the date you received the Step 1 response (or, if no response was received, 5 calendar days from the date the response period expired).
What to submit: A written statement explaining the basis of your appeal and addressing the Step 1 response. You must submit this along with the original Form PSD 8215. Submit through the designated process at your facility; the IGO will forward it.
Response time: The Branch/Core Program Administrator has **20 working days** to respond, with one possible extension of **20 more working days** with written notice. No response within the allowed time = deemed denial; proceed to Step 3.
Sign the ROA when you receive the Step 2 response.
Step 3: Appeal to the Division Administrator (DA) -- Final
Deadline to appeal: Within **5 calendar days** of the date you received the Step 2 response.
Response time: The Division Administrator has **20 working days** to respond.
The DA's decision is final and the ultimate recourse in the Administrative Remedy Process. If 20 working days (including any extension period) expire without a response from the DA, the grievance and appeal process is considered exhausted. You may proceed to federal court.
This is the final step. Once the DA issues a decision or the response period expires, you have exhausted Hawaii's administrative remedies.
Deadlines at a Glance
Informal resolution: Submit promptly; must be attached to formal grievance if unresolved
Step 1 filing deadline: within 14 calendar days of the incident (extension for valid documented reasons)
Step 1 response time: 20 working days (extendable once by 20 more working days with written notice)
Emergency response: within 3 calendar days
Step 2 appeal deadline: within 5 calendar days of receiving Step 1 response (or of denial by non-response)
Step 2 response time: 20 working days (extendable once by 20 more working days)
Step 3 appeal deadline: within 5 calendar days of receiving Step 2 response
Step 3 (DA) response time: 20 working days
If no DA response: process deemed exhausted after 20 working days expire
The 5-calendar-day windows to move between steps are critical. Five calendar days from the date you received the response -- not five working days. Count immediately from receipt. Miss either 5-day window and your grievance stalls.
What to Put in Your Grievance
State the complaint clearly, specifically, and legibly. Include the date and time of the incident, who was involved, what happened, the harm caused, and what resolution you are seeking. Attach one copy of any supporting documents. Keep copies of everything: the informal resolution form, your grievance form, every response, and every ROA you sign.
If you have family on the outside: For mainland-housed inmates especially, send copies of each step to your family immediately after filing. Mail delays on the mainland can affect your 5-day appeal window. Have your family track when responses arrive. Your family cannot file for you -- COR.12.03 requires all grievances to be penned by the inmate -- but they can help monitor timelines.
Mainland inmates -- critical note: If you are housed in a mainland facility, request forms through your case manager or the facility Inmate Grievance Officer. Your grievance will ultimately be coordinated through Hawaii DCR's system. Document every attempt to obtain forms, every mailing date, and every response you receive. Mail delays between mainland facilities and Hawaii count against your deadlines unless you can demonstrate a valid reason for delay.
When the System Fails
No response within 20 working days: Treat it as a denial and file your Step 2 appeal within 5 calendar days of the date the response was due. State in your Step 2 that you are treating the non-response as a denial.
Grievance rejected: The IGS/IGO must provide written notice explaining the reason for rejection. If the defect is correctable, you will be given a reasonable time (ordinarily 5 calendar days) to fix it and resubmit. If a rejection is improper, you may appeal it -- except that rejections for non-compliance with policy may not be appealed.
ROA not signed: Do not leave an ROA unsigned and sitting on your bunk. Sign it and return it immediately. An unsigned ROA ends your grievance on that issue.
Retaliation: COR.12.03 explicitly states that no inmate shall be disciplined for invoking the right to file a grievance. If you believe you have been retaliated against, document it and file a new grievance about the retaliation specifically.
The Office of the Ombudsman: Hawaii's independent state Ombudsman investigates complaints of maladministration by state agencies, including prisons. You may contact the Ombudsman in addition to using the internal grievance process. The Ombudsman does not replace the internal process for PLRA purposes, but can investigate from outside the system. See COR.12.04, Access to Ombudsman, for the procedure. The Ombudsman's contact information is at ombudsman.hawaii.gov.
Federal Prisons in Hawaii
Hawaii has one BOP facility: the Federal Detention Center Honolulu (FDC Honolulu), which houses pretrial federal detainees and some sentenced inmates. If you are at FDC Honolulu, the Hawaii DCR process described in this article does not apply to you. Federal inmates use the BOP Administrative Remedy Program running BP-8 through BP-11 under 28 CFR Part 542. FDC Honolulu falls under the Western Regional Office at 7338 Shoreline Drive, Stockton, CA 95219.
See the InmateAid federal grievance article for the complete BOP process, all deadlines, and the critical distinction between a rejection and a denial.
After Exhaustion: Where to Go Next
Once the Division Administrator has issued a final decision, or the 20-working-day response window has expired without a response, you have exhausted. Federal court is now an option for conditions of confinement claims.
Disability Rights Hawaii (DRH): drh.hawaii.gov. Hawaii's federally mandated Protection and Advocacy organization for people with disabilities, including mental illness. Has federal authority to investigate abuse and neglect and to access DCR facilities. If your complaint involves a disability, mental illness, inadequate mental health care, or disability accommodation failures, DRH can investigate independently.
ACLU of Hawaii: acluhi.org. Works on civil rights and prisoners' rights issues in Hawaii.
Office of the Ombudsman: ombudsman.hawaii.gov; 465 South King Street, Room 405, Honolulu, HI 96813; (808) 587-0770. The Ombudsman is an independent state official who investigates complaints of maladministration by state agencies. The office has a history of investigating Hawaii prison conditions and is explicitly referenced in DCR policy (COR.12.04). This is a meaningful oversight resource beyond the internal grievance system.
Hawaii Appleseed Center for Law and Economic Justice: hiappleseed.org. Works on poverty and justice issues in Hawaii including correctional system reform.
Be honest about capacity: these organizations are small relative to the need. Document everything carefully before contacting them.
Jails vs. Prisons: Key Differences in Hawaii
Hawaii's correctional system is centrally administered by DCR and includes not only the three state prisons on Oahu but also Community Correctional Centers (CCCs) on the neighbor islands: Oahu Community Correctional Center (OCCC), Hawaii Community Correctional Center (HCCC) on the Big Island, Maui Community Correctional Center (MCCC), and Kauai Community Correctional Center (KCCC). These CCCs house both pretrial detainees and sentenced inmates and are operated by the DCR -- not by county sheriffs. COR.12.03 applies to these facilities.
This is another structural similarity to Connecticut and Delaware: Hawaii does not have a separate county jail system in the traditional sense. All facilities fall under the state DCR.
The November 2024 HCCC inmate handbook (covering the Big Island facility) confirms that the grievance process requires an informal attempt first and that all grievances are confidential, with family members unable to file on an inmate's behalf.
For mainland-placed inmates: you remain under Hawaii DCR jurisdiction and COR.12.03 applies to you. The private mainland facilities may have their own internal processes, but you must also exhaust COR.12.03 for Hawaii DCR to count your PLRA exhaustion for claims under Hawaii's jurisdiction. If you have a complaint specific to conditions at the private mainland facility, you may need to exhaust both processes. Clarify with the IGO at your facility and consult legal resources if the answer is not clear.
Special Circumstances
Emergency grievances: Mark your grievance as an emergency if it concerns a situation threatening your immediate health or welfare. Emergency grievances receive a response within 3 calendar days of filing. Do not mark a grievance as an emergency unless it genuinely is one; misuse of the emergency process may be considered abuse of the program.
ADA and disability accommodations: DCR has a separate ADA Grievance Procedure (posted on the DCR policies page, revised July 2023) in addition to the general COR.12.03 process. If your complaint involves disability discrimination or a failure to accommodate a disability, use the ADA Grievance Procedure. Contact Disability Rights Hawaii for independent investigation authority if the internal process does not adequately address the complaint.
Disciplinary appeals: Disciplinary (Facility Adjustment Hearing) findings and dispositions have their own appeal process. You do not need to attempt informal resolution before filing a disciplinary appeal. Disciplinary appeals follow a separate track from COR.12.03 grievances.
Sensitive grievances: If you reasonably believe the grievance content would endanger your safety if known at the facility, submit the grievance directly to the appropriate branch or division administrator in a sealed envelope marked "Confidential." The IGS/IGO will handle it through confidential channels. A rejection notice will be provided if necessary, but the grievance will not be returned through normal channels.
PREA and sexual abuse: Sexual abuse complaints have specific PREA reporting channels. Filing a PREA report and filing a COR.12.03 grievance may both be appropriate. Consult the DCR PREA policy for specific procedures. The no-discipline rule -- you may not be disciplined for filing a grievance -- applies to sexual abuse grievances under the policy's general retaliation prohibition.
Frequently asked questions
What forms do I use in Hawaii's grievance process?
Form PSD 8216 (Informal Resolution Form) for the required informal step. Form PSD 8215 (Administrative Remedy Form) for all three formal steps -- the same form is used for the original grievance and both appeals, with different sections and the assigned Control Number used for Steps 2 and 3. Both forms are obtained from staff.
How long do I have to file my formal grievance?
Fourteen calendar days from the date the basis of the complaint occurred. Valid documented reasons can extend this deadline: extended transit separated from documents, physical incapacity preventing you from filing, an unusually long informal resolution attempt, or unavailability of forms. You must submit written verification of any claimed reason for delay.
What are the working day deadlines in Hawaii's grievance process?
All response deadlines for staff are in working days (Monday through Friday excluding state holidays). Step 1 response: 20 working days. Step 2 response: 20 working days. Step 3 response: 20 working days. Each level has one possible 20-working-day extension with advance written notice. Your windows to file appeals are in calendar days: 5 calendar days at each step.
What is the Receipt of Acknowledgment (ROA) and why does it matter?
The ROA is a form confirming you received each step's response. You must sign it and return it. If you fail to sign the ROA at any step, the grievance process ends for that issue at that step. For responses sent through confidential mail, you must sign, date, and return the ROA before your appeal at the next step will be accepted. Sign it the day you receive it.
I am housed on the mainland under Hawaii DCR jurisdiction. How does the grievance process work?
COR.12.03 applies to you. Request Form PSD 8216 and Form PSD 8215 from your case manager or facility IGO. Document every form request and every mailing date carefully, since mail delays between mainland facilities and Hawaii can be significant. If a deadline is missed because you could not obtain forms or because of mail delays, document that as a reason for delay in your filing. You remain under Hawaii DCR jurisdiction and must exhaust COR.12.03 for PLRA purposes.
Does Hawaii have county jails?
Not in the traditional sense. Hawaii's Community Correctional Centers (OCCC, HCCC, MCCC, KCCC) are operated by the state DCR, not county sheriffs. They house both pretrial and sentenced inmates. COR.12.03 applies at all of these facilities. The PLRA exhaustion requirement applies to pretrial detainees just as it applies to sentenced prisoners.
When is my grievance process exhausted in Hawaii?
Your process is exhausted when the Division Administrator (DA) issues a final decision at Step 3, or when the DA's 20-working-day response period (including any extension) expires without a response. The DA's decision is explicitly described as the final and ultimate recourse in the Administrative Remedy Process. --- INTERNAL LINKS TO PLACE: 1. Hawaii inmate search (InmateAid Hawaii page) 2. Family rights and advocacy in Hawaii (FRA series Hawaii article) 3. How the Hawaii prison disciplinary process works (if spoke exists) 4. How Prison Works hub 5. Staying Connected hub --- SPEC NOTE / SOURCING (strip before publish): - Voice: formerly incarcerated narrator written TO the incarcerated person; family guidance woven in. No em dashes. No smart quotes. No double hyphens. Plain text. - Meta title char count: 49 (under 60). Meta description char count: 153 (in 150-160 range). All 7 FAQ headings under 60 chars, verified. - Defining hooks for Hawaii: (1) SIGNIFICANT MAINLAND PLACEMENT -- many Hawaii-sentenced inmates are in mainland private prisons (CoreCivic/Arizona/Oklahoma etc.) under DCR jurisdiction; COR.12.03 applies but mail delays and form access create unique practical challenges; (2) DEPARTMENT REORGANIZED January 1, 2024 -- DPS split into DCR + Department of Law Enforcement; all older forms/letters that say "Department of Public Safety" now refer to DCR; (3) RECEIPT OF ACKNOWLEDGMENT (ROA) -- must sign at every step or process ends; confidential mail ROA must be returned before appeal accepted; (4) WORKING DAYS for staff responses; CALENDAR DAYS for inmate appeal windows -- a mixed system; (5) STATE OMBUDSMAN explicitly referenced in DCR policy (COR.12.04) as additional oversight channel; independent investigative authority; (6) NO COUNTY JAILS in the traditional sense -- Community Correctional Centers are state-operated and all covered by COR.12.03; (7) FDC Honolulu as the only BOP facility; (8) ADA Grievance Procedure is separate (July 2023 DCR revision) from COR.12.03. - SOURCES: COR.12.03 Inmate Grievance Program (effective June 8, 2011 under DPS; Michigan Policy Clearinghouse -- full text fetched; confirmed current policy under DCR based on dcr.hawaii.gov posting COR.12.03 PDF in June 2024): Sections 1.0-12.0 complete: Purpose (constitutional/regulatory rights review); Definitions (IIO = Inspections and Investigations Officer = state Hawaii grievance/appeals officer; IGS = Inmate Grievance Specialist; IGO = facility warden's designee); Policy (applies to all state Hawaii correctional facilities; no discipline for filing; now DCR per Jan 2024 reorganization); Administration (IIO = Director's designee; IGS/IGO responsible for implementation; goldenrod receipt returned to inmate; file maintained in OffenderTrack/CIMS; grievance record follows to receiving facility upon transfer); Assistance (inmate may get help with proper authorization but no one may file on another's behalf; all grievances must be penned by grievant; assistance does not extend time limits); Informal Resolution (Form PSD 8216; required prior to formal grievance; exceptions: disciplinary/Program Committee appeals; IGS/IGO may waive for acceptable reason; unresolved informal = formal grievance with attached PSD 8216); Filing (14 calendar days to file; extensions for valid reasons with written verification; Form PSD 8215 from staff; one issue per form; closely related issues may be combined; unrelated multiple issues = rejected; individual in nature; one copy of exhibits attached -- not returned; retain own copy; sign and date; deposit in mail receptacle; sensitive = sealed "Confidential" to branch/division admin; appeals: 5 calendar days from receipt; Steps = Section Supervisor, Branch/Core Program Administrator, Division Administrator; ROA required at each step); Response Time (Step 1: 20 working days from logging, extendable once by 20 working days with advance written notice; emergency = 3 calendar days; no response = deemed denial, free to proceed to next step, no response forthcoming to unanswered step; Step 2: 5 calendar days to file, Branch/Core Program Admin 20 working days; Step 3: 5 calendar days to file, DA 20 working days; DA's decision is final/ultimate; if 20 working days expire at DA level = exhausted); Rejections (IGS/IGO may reject obscene/abusive submissions or non-compliant; written notice with reason; correctable defects = 5 calendar days to fix; sensitive submissions not returned, only rejection notice; rejections for non-compliance may not be appealed); Non-grievable (court decisions, laws/regulations, Parole Board, DA/Deputy Director/Director decisions, Department policies, privileges, agencies outside DCR jurisdiction); Tort claims referred to administrative tort claim procedure; monetary compensation not available; Hawaii Human Rights website hrcr.org (DOC-AG-1 form mentioned -- this appears to be an older form reference; current COR.12.03 uses PSD 8215/8216 -- Poorwa should verify current form numbers); HCCC November 2024 handbook (informal attempt required first; family cannot file; all grievances confidential); Wikipedia (DCR formed January 1, 2024 from DPS; Act 278 passed 2022; three state prisons: Halawa CF, Waiawa CF, Women's Community CC; Director Tommy Johnson; dcr.hawaii.gov); dcr.hawaii.gov/about/divisions/corrections/about-corrections/ (three prisons: Halawa CF, Waiawa CF, WCCC -- all Oahu; Offender Management Office; OffenderTrak); dcr.hawaii.gov/policies-and-procedures/ (ADA Grievance Procedure July 2023; COR.12.03 June 2024); ombudsman.hawaii.gov (state Ombudsman; PSD reorganization noted as of Jan 1 2024; history of prison case summaries; 465 South King St Room 405 Honolulu HI 96813; (808) 587-0770); drh.hawaii.gov (Disability Rights Hawaii = P&A); acluhi.org (ACLU of Hawaii); hiappleseed.org (Hawaii Appleseed); BOP bop.gov/locations (FDC Honolulu = federal detention center; Western Regional Office 7338 Shoreline Drive Stockton CA 95219); Woodford v. Ngo 548 U.S. 81 (2006). - VERIFY FLAGS for Poorwa: (1) CRITICAL: COR.12.03 document I have is from June 2011 under DPS. A June 2024 version is confirmed posted on dcr.hawaii.gov. Verify the current June 2024 version of COR.12.03 for any changes to deadlines, form numbers, or procedures from the 2011 version. Specifically confirm: (a) 14-calendar-day filing window; (b) 20-working-day response at each step; (c) one possible 20-working-day extension with advance notice; (d) 5-calendar-day appeal windows; (e) DA decision = final; (f) DA non-response within 20 working days = exhausted; (g) form numbers PSD 8215 and PSD 8216 still current (the DOC-AG-1 mentioned in some sources may be an old form number). (2) Confirm mainland private prison situation: confirm DCR still places inmates in mainland private facilities (CoreCivic/CCA) as of 2024-2025 and which specific facilities (Arizona? Oklahoma? others?). (3) Confirm three state prisons: Halawa CF, Waiawa CF, WCCC (Women's Community CC) -- all Oahu; confirm CCCs: OCCC (Oahu), HCCC (Big Island), MCCC (Maui), KCCC (Kauai) -- all DCR-operated. (4) Confirm no county jails in Hawaii -- state-operated CCCs for pretrial/sentenced on all islands. (5) Confirm FDC Honolulu current status as only BOP facility in Hawaii; Western Regional Office Stockton CA 95219. (6) Confirm Disability Rights Hawaii drh.hawaii.gov current. (7) Confirm ACLU of Hawaii acluhi.org current. (8) Confirm Office of the Ombudsman contact: 465 South King St Room 405 Honolulu HI 96813; (808) 587-0770; ombudsman.hawaii.gov. (9) Confirm ADA Grievance Procedure is separate from COR.12.03 and available on DCR website. (10) Confirm DCR director Tommy Johnson and verify this is still current (recent appointment per Wikipedia). (11) ROA (Receipt of Acknowledgment) -- confirm this requirement is still in the June 2024 COR.12.03 update. (12) Working days vs calendar days distinction confirmed in COR.12.03; verify this is still the framework in current version. No volatile phone rates. No crisis-line specifics.