Grievance Procedures in Pennsylvania Prisons and Jails

URL: inmateaid.com/grievance-procedures/pennsylvania/

ARTICLE

Pennsylvania has a rule that trips up more people than almost any other detail in the grievance system -- and it involves money. If you want compensation as part of your remedy, you must ask for it in your initial grievance. Not in the appeal. Not in the final review. In the initial filing, on the DC-804 Part 1 form. DC-ADM 804, the Pennsylvania Department of Corrections' governing policy, states it plainly: if you desire compensation or other legal relief normally available from a court, you must request the specific relief sought in your initial grievance. Federal courts in Pennsylvania have dismissed damages claims where the inmate never asked for them in the original filing. By the time you realize you left money off the table, the window is closed.

I did 66 months inside federal custody at FCI Miami. The lesson that stays with me is that the grievance form is not just a complaint -- it is a legal document. Every box matters. Every deadline matters. Pennsylvania has one of the most detailed grievance systems in the country, and it has the paper trail to match. Here is how to use it correctly.

WHY EXHAUSTION IS NON-NEGOTIABLE IN PENNSYLVANIA

The Prison Litigation Reform Act of 1995 -- the PLRA -- requires that before any incarcerated person files a federal civil rights lawsuit about prison conditions, they must exhaust every available administrative remedy. Pennsylvania's system has three levels. All three must be completed. Completely. In order.

The Supreme Court confirmed the standard in Woodford v. Ngo, 548 U.S. 81 (2006): proper exhaustion is required. That means following the facility's procedural rules correctly, not just submitting something. Third Circuit courts have held repeatedly that Pennsylvania inmates who skip a level, miss a deadline, or fail to include required information -- like the monetary relief request -- have not properly exhausted and cannot proceed to federal court.

Pennsylvania's regulations at 37 Pa. Code Section 93.9 independently require inmates to use the grievance system for review of problems arising during confinement. The system exists. The rules are written down. Follow them.

PENNSYLVANIA DOC FACILITIES

The Pennsylvania Department of Corrections operates 23 state correctional institutions (SCIs) and related facilities statewide. Major facilities include:

SCI Albion, SCI Benner Township, SCI Cambridge Springs (women), SCI Camp Hill, SCI Chester, SCI Coal Township, SCI Dallas, SCI Fayette, SCI Forest, SCI Frackville, SCI Graterford (now Pheonix), SCI Greene, SCI Houtzdale, SCI Huntingdon, SCI Laurel Highlands, SCI Mahanoy, SCI Mercer, SCI Muncy (women), SCI Phoenix, SCI Pine Grove, SCI Retreat, SCI Rockview, SCI Smithfield, SCI Somerset, SCI Waymart.

Community corrections centers (halfway houses) and the Motivational Boot Camp also fall under Pennsylvania DOC jurisdiction. All operate under DC-ADM 804.

Each facility has a Facility Grievance Coordinator -- typically the Superintendent's Assistant -- who receives and logs all formal grievances. Know who this person is at your institution.

THE DC-ADM 804 GRIEVANCE PROCESS: THREE LEVELS

DC-ADM 804, "Inmate Grievance System," establishes the formal procedure. Three levels: initial review by the Grievance Officer, appeal to the Facility Manager, final review at SOIGA (the Secretary's Office of Inmate Grievances and Appeals). Every level must be completed to exhaust.

BEFORE YOU FILE: INFORMAL RESOLUTION

DC-ADM 804 encourages inmates to attempt informal resolution before filing a formal grievance. You can use a DC-135A, Inmate Request to Staff Member form, or speak directly with your Unit Manager or Officer-in-Charge.

This informal step is encouraged but not required -- failure to attempt informal resolution will not cause your formal grievance to be rejected. However, if you did try to resolve the issue informally, note it in Section B of the DC-804 Part 1 form. That documentation shows you acted in good faith and tried to resolve the matter before escalating.

LEVEL ONE: INITIAL GRIEVANCE (DC-804 PART 1)

When you have a concern you cannot resolve informally, file a formal grievance using the DC-804, Part 1, Official Inmate Grievance Form. These forms are available on every housing unit and in the main and mini-law libraries.

FILE WITHIN 15 WORKING DAYS. DC-ADM 804 requires you to submit the grievance to the Facility Grievance Coordinator within 15 working days after the event on which the claim is based. This is 15 working days -- not calendar days. Weekends and holidays do not count. But do not bank on that extra time as a cushion. File as early as possible.

The grievance must be filed at the facility where the grievance event occurred. If you have been transferred before you could file, contact the Facility Grievance Coordinator at your current facility about procedures for filing about an event that occurred at another institution.

WHAT THE DC-804 FORM MUST INCLUDE:

Sign and date the grievance using your commitment name and number only. No aliases, no UCC designations.

Section A -- Grievance statement: Write a brief, clear, factual statement of the grievance. You may use up to two pages total -- the DC-804 Part 1 form itself plus one additional one-sided 8.5" x 11" page. The text must be legible, understandable, and presented in a courteous manner.

Your statement of facts must include:

-- The date, approximate time, and location of the event(s)

-- The names of individuals directly involved

-- Any specific claims of violations of DOC directives, regulations, court orders, or law

-- If you want money damages or other legal relief: you MUST state the specific relief you are seeking in this initial grievance. If you skip this and try to add it later on appeal, federal courts will not consider your damages claim.

Section B -- Prior actions: List any actions you took to try to resolve the matter before filing, including any staff you contacted.

FORM RULES:

-- One grievance per form; separate events must be grieved separately unless combining is necessary to support the claim

-- You cannot file a grievance for another inmate; each inmate must file their own

-- Property grievances require documentation -- a DC-153A Personal Property Inventory Sheet, DC-154A Confiscated Items Receipt, or Commissary/Outside Purchase Form proving you once possessed the items

-- Publication denial grievances require a copy of the Notice of Incoming Publication Form per DC-ADM 803

COPIES: The DC-804 form is multi-copy. Your copy is the GOLDENROD copy. Keep it. It is your proof of filing.

REJECTION AND RESUBMISSION: If the Facility Grievance Coordinator rejects your grievance, you may resubmit it once, using the same grievance number, within 5 working days of the rejection notice. A rejected grievance that is not resubmitted within 5 working days cannot be resubmitted. You may also appeal a rejected grievance to the Facility Manager under Level Two.

GRIEVANCE OFFICER REVIEW: Once accepted, the grievance is assigned to a Grievance Officer who investigates and issues an Initial Review Response. The Grievance Officer has 15 working days to respond. If more time is needed, the officer will issue an Extension Notice. The response will tell you the outcome -- upheld, denied, or partially upheld.

LEVEL TWO: APPEAL TO THE FACILITY MANAGER

If you are not satisfied with the Grievance Officer's Initial Review Response, you may appeal to the Facility Manager (the Superintendent).

FILE THE APPEAL WITHIN 15 WORKING DAYS of the date of the Initial Review Response. Use the DC-804, Part 2 form (the appeal form). Your appeal statement must be brief -- no longer than two pages. Your appeal must relate to the issue presented in the initial grievance. Do not introduce new complaints on appeal.

The appeal goes through the Facility Grievance Coordinator to the Facility Manager or designee. The Facility Manager reviews the Grievance Officer's response and the record, and issues a written decision.

If your grievance is remanded -- sent back to the Grievance Officer for additional investigation or correction -- you will receive notification on the Remand Grievance Notice to Inmate form.

GRIEVANCE RESTRICTION NOTE: If you have filed five grievances within a 30-day period that are determined to be frivolous, you may be placed on grievance restriction for up to 90 days. Under restriction, you may file no more than one grievance per month. Restriction is itself subject to appeal. If you believe restriction has been improperly imposed, follow the appeal process outlined in DC-ADM 804 Section 3.

LEVEL THREE: FINAL REVIEW AT SOIGA

The third and final level is appeal to the Secretary's Office of Inmate Grievances and Appeals -- SOIGA -- in Mechanicsburg, Pennsylvania. SOIGA is the central office body that handles all final grievance appeals for the Pennsylvania DOC.

FILE THE FINAL REVIEW APPEAL WITHIN 15 WORKING DAYS of the date of the Facility Manager's decision.

CRITICAL FINAL REVIEW RULES:

You are responsible for providing SOIGA with all required documentation relevant to the appeal. This means you must send: the original DC-804 Part 1 grievance, all attachments, the Grievance Officer's Initial Review Response, the Facility Manager's appeal decision, and your appeal statement. Do not assume SOIGA has your file -- you must provide a complete packet.

The appeal statement to SOIGA must not be handwritten -- it must be typed or printed. A handwritten final review appeal will not be processed.

The appeal to SOIGA must relate only to issues raised in the initial grievance and the first-level appeal. You cannot expand the scope of the complaint at SOIGA.

If you are released or paroled while a final review appeal is pending, you must provide a forwarding address to SOIGA. SOIGA will forward the final review response to that address.

SOIGA issues a final written decision. That decision is final and concludes the Pennsylvania DOC's internal administrative remedy process. Once you have the SOIGA decision in hand -- or the response deadline passes without a reply -- you have exhausted Pennsylvania's administrative remedies and are legally positioned to file a federal civil rights lawsuit if warranted.

SOIGA DISCRETION: Under certain circumstances, SOIGA or the Assistant Director may, with approval of appropriate authority, discontinue further processing of a final appeal after the initial grievance response or initial appeal response, and notify you that the department's response is final. If you receive that notification, preserve it -- it constitutes exhaustion.

WHAT IS -- AND IS NOT -- GRIEVABLE UNDER DC-ADM 804

DC-ADM 804 is designed to address a wide range of issues arising during confinement. Grievable issues include:

-- Staff conduct and actions (verbal abuse, retaliation, excessive force -- though physical abuse has a parallel BII reporting track)

-- Conditions of confinement (cell conditions, sanitation, temperature, crowding)

-- Medical and mental health care (access, quality, delays)

-- Mail, phone, and visitation restrictions

-- Property loss or damage (with documentation)

-- Program access and assignments

-- Financial account issues

-- Publication denials (with Notice of Incoming Publication Form)

What is NOT handled through DC-ADM 804:

-- Specific inmate misconduct charges, conduct of hearings, statements in misconduct reports, specific disciplinary sanctions, or reasons for administrative custody placement -- these go through DC-ADM 801 (Inmate Discipline) or DC-ADM 802 (Administrative Custody), not the grievance system

-- Sexual abuse or harassment allegations -- these go through DC-ADM 008 (PREA) and are immediately forwarded to the Security Department and PREA Compliance Manager; do not file these through the standard grievance

-- Issues already addressed or currently being addressed in a prior or pending grievance -- do not re-grieve the same issue; use the appeal process

If your complaint involves physical abuse by staff, you can file through DC-ADM 804 AND report to the Bureau of Investigations and Intelligence (BII) at 1-800-677-0330. Courts generally treat DC-ADM 001 (Inmate Abuse) as an alternative reporting mechanism, but filing a grievance under DC-ADM 804 is the clearest path to documented exhaustion for purposes of federal litigation.

COUNTY JAILS IN PENNSYLVANIA

Pennsylvania has 67 counties, virtually all of which operate their own county jails. County jails hold people awaiting trial, serving sentences of two years or less (Pennsylvania's split between county jails and state prison is roughly two years), or awaiting transfer. County jails do not operate under DC-ADM 804 -- they have their own local grievance policies set by county prison boards and sheriffs.

This matters critically for PLRA exhaustion. If you are in a county jail and you plan to file a federal civil rights lawsuit about conditions there, you must exhaust that county jail's grievance process, not the DOC process.

What to do in a Pennsylvania county jail:

Request the jail's inmate handbook or grievance policy immediately upon arrival. Major county facilities include the Philadelphia Department of Prisons, Allegheny County Jail (Pittsburgh), Bucks County Correctional Facility, Montgomery County Correctional Facility, Delaware County George W. Hill Correctional Facility, Lancaster County Prison, and York County Prison. Each has its own grievance process.

File in writing. Escalate through whatever levels the county policy provides. Document every step. If the county jail provides no written grievance process or refuses access to one, document that refusal in writing -- federal courts have recognized that an effectively unavailable process may excuse exhaustion, but only with documentation.

Note on two-year rule: If you are sentenced to more than two years in Pennsylvania, you serve that time in a state correctional institution under DOC jurisdiction, not a county jail. If you are sentenced to two years or less (sometimes stated as "two years less one day"), you serve that time in county custody. Know which system governs your confinement before you file.

BOP FACILITIES IN PENNSYLVANIA

Pennsylvania hosts several active Bureau of Prisons federal facilities. If you are housed in any of them, the DC-ADM 804 process does not apply to you. Use the BOP's Administrative Remedy Program.

Active BOP facilities in Pennsylvania include:

FCI Allenwood Low, FCI Allenwood Medium, USP Allenwood -- the Allenwood Federal Correctional Complex in White Deer, Union County, houses multiple security levels. This is one of the largest federal prison complexes in the Northeast.

FCI Loretto -- A low-security male facility in Loretto, Cambria County.

FCI McKean -- A medium-security male facility in Bradford, McKean County.

FCI Schuylkill -- A medium-security male facility in Minersville, Schuylkill County.

USP Canaan -- A high-security United States Penitentiary in Waymart, Wayne County.

FDC Philadelphia -- A federal detention center in Philadelphia, primarily holding pretrial detainees.

FCI Lewisburg -- A medium-security facility in Lewisburg, Union County, also home to a Special Management Unit (SMU).

The BOP Administrative Remedy Program for all these facilities:

BP-8: Informal Resolution with your unit counselor. Document the date.

BP-9: Formal Administrative Remedy Request to the Warden. File within 20 calendar days of the triggering event. The Warden has 20 calendar days to respond (with possible 20-day extension).

BP-10: Regional Director Appeal. File within 20 calendar days of the Warden's response. The Northeast Regional Director in Philadelphia oversees all Pennsylvania BOP facilities. The Regional Director has 30 calendar days to respond (with possible 30-day extension).

BP-11: Central Office Appeal to the BOP General Counsel. File within 30 calendar days of the Regional Director's response. The General Counsel has 40 calendar days to respond (with possible 20-day extension).

All four steps must be completed to exhaust federal administrative remedies. Pennsylvania has more BOP facilities than most states -- do not confuse state DOC procedures with BOP procedures. They are entirely separate systems with different forms, deadlines, and personnel.

PENNSYLVANIA-SPECIFIC FAILURE MODES

DC-ADM 804 is detailed enough that its failure modes are specific and well-documented in federal court records. Here is what to watch for:

FAILURE MODE 1: NOT REQUESTING MONEY DAMAGES IN THE INITIAL GRIEVANCE

This is the Pennsylvania-specific trap. DC-ADM 804 is explicit: if you want compensation or other legal relief normally available from a court, you must request the specific relief sought in your initial grievance. Third Circuit courts have dismissed damages claims where the inmate failed to include the monetary request in the DC-804 Part 1. If you think you might want damages later, ask for them now -- on the initial filing.

FAILURE MODE 2: MISSING THE 15-WORKING-DAY FILING DEADLINE

Fifteen working days from the event. Not calendar days. But also not a lot of time -- three weeks of actual working days. If you are in the infirmary, in the RHU (Restricted Housing Unit), or being transferred, those 15 working days are still running. File as soon as possible after the event.

FAILURE MODE 3: SUBMITTING A HANDWRITTEN FINAL REVIEW APPEAL TO SOIGA

SOIGA will not process a handwritten final review appeal. It must be typed or printed. If you do not have access to a typewriter or printer in your facility, ask the law library for assistance well in advance of the deadline. A handwritten appeal submitted to SOIGA does not constitute a properly filed appeal.

FAILURE MODE 4: FAILING TO SEND THE COMPLETE PACKET TO SOIGA

You are responsible for providing SOIGA with all required documentation. SOIGA does not pull your file from the facility. You must include the original grievance, all attachments, the Grievance Officer's response, the Facility Manager's response, and your appeal statement. A SOIGA appeal without the complete packet may be rejected or result in a limited review that does not cover all your claims.

FAILURE MODE 5: MISSING THE GOLDENROD COPY

The goldenrod copy of the DC-804 Part 1 is your copy. Keep it from the moment you file. If you are transferred and your property is searched or lost, that copy may be the only evidence you have that you filed the initial grievance. Everything downstream -- the Level Two appeal, the SOIGA final review -- depends on the initial filing. Guard that goldenrod copy.

FAILURE MODE 6: GRIEVING DISCIPLINARY MATTERS THROUGH DC-ADM 804

Misconduct charges, disciplinary hearings, and administrative custody placements are not handled through the grievance system. They have their own appeal processes under DC-ADM 801 and DC-ADM 802. Filing a DC-804 grievance about your misconduct hearing will be rejected, and that rejection does not exhaust your administrative remedies for the disciplinary matter. Run the right track for the right issue.

FAILURE MODE 7: RETALIATION

No inmate shall be punished, retaliated against, or otherwise harmed for use of the grievance system -- DC-ADM 804 states this explicitly. If you experience retaliation after filing, document it immediately and file a new grievance treating the retaliation as a separate event with its own 15-working-day clock. Keep records of dates, names, and what happened.

LEGAL RESOURCES IN PENNSYLVANIA

Pennsylvania Institutional Law Project (PILP) -- Provides legal assistance to people incarcerated in Pennsylvania state and county facilities on civil rights and conditions-of-confinement matters. Based in Philadelphia; accepts written requests from incarcerated people. This is the primary prisoner rights legal resource in Pennsylvania.

Abolitionist Law Center -- Based in Pittsburgh, advocates for people in Pennsylvania prisons, particularly at SCI Greene and other long-term facilities. Accepts inquiries from incarcerated people and their families.

Pennsylvania Legal Aid Network (PLAN) -- A statewide network of legal aid organizations covering civil legal matters. Accessible to family members on the outside at palawhelp.org.

American Civil Liberties Union of Pennsylvania -- The ACLU-PA has an active Criminal Justice Reform and prisoner rights program. Based in Philadelphia; accepts written inquiries from incarcerated people.

Temple University Beasley School of Law and University of Pittsburgh School of Law -- Both have clinical programs that have handled prisoner rights cases on a selective basis.

Law Library Access -- DC-ADM 804 and Pennsylvania regulations require access to legal materials. DC-804 Part 1 forms are available in the main and mini-law libraries. If you are denied law library access while a legal matter is pending, that denial is itself grievable under DC-ADM 804.

U.S. District Courts: Pennsylvania has three federal districts -- the Eastern District (Philadelphia), Middle District (Harrisburg/Scranton/Wilkes-Barre), and Western District (Pittsburgh). Federal civil rights complaints are filed in the district where the prison is located. All three courts accept pro se civil rights complaints.

THE BOTTOM LINE FOR PENNSYLVANIA

Pennsylvania's system is three levels, with specific forms, specific deadlines, and one rule that many people do not learn until they have already lost their damages claim in federal court: ask for money on the DC-804 Part 1, or you cannot ask for it later.

File within 15 working days. Use the DC-804 Part 1. Write your commitment name and number only. State the facts, the date, the individuals involved, the violations alleged, and the relief you want -- including money if you want it. Keep the goldenrod copy. Appeal to the Facility Manager within 15 working days if you lose. Type your SOIGA appeal and send the complete packet. When SOIGA responds -- or the deadline passes -- you have exhausted. Then you decide what to do next.

The people who succeed in federal court on prisoner rights claims in Pennsylvania are almost always the people who ran the grievance process correctly from the beginning. The form matters. The deadline matters. The goldenrod copy matters. Treat every filing like the legal document it is.