Grievance Procedures in West Virginia Prisons and Jails

URL: inmateaid.com/grievance-procedures/west-virginia/

ARTICLE

West Virginia has a remand rule that most people do not understand until it costs them their case. When your grievance is remanded -- sent back to the Unit Manager or Superintendent for additional action at any stage of the process -- the grievance is not considered exhausted. The process restarts from whatever level the remand returns it to, and you must complete the full remaining sequence before your administrative remedies are legally exhausted. A remand is not a resolution. It is a reset. And if you stop engaging with the grievance after a remand because you think something is finally happening, you may find yourself without exhaustion when you need it.

I spent 66 months inside federal custody at FCI Miami. The remand trap is one of the more subtle ways grievance processes defeat people who are trying to do the right thing. West Virginia's grievance system -- Policy Directive 335.00, governing all DCR facilities -- is otherwise a relatively clean three-stage structure with clear deadlines at every level. If you follow it correctly, you build a solid record. If a remand sends the process back and you stop tracking it, the record you need disappears.

This guide covers the full West Virginia DCR grievance process, including the remand rule, the three stages, the deadlines, and the BOP facilities that operate in the state.

WHY EXHAUSTION IS NON-NEGOTIABLE IN WEST VIRGINIA

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. West Virginia's grievance process is codified in state law as well as DCR policy.

West Virginia Code Section 25-1A establishes the statutory framework for ordinary administrative remedies in West Virginia correctional facilities. The Code defines exhaustion specifically: an ordinary administrative remedy is exhausted when the grievance has been accepted, fully appealed, and has received a final decision from the Commissioner of the Division of Corrections and Rehabilitation or the Commissioner's designee. The Code also requires the agency to issue a final decision no later than 60 days from the date the inmate filed the grievance.

The Supreme Court confirmed the standard in Woodford v. Ngo, 548 U.S. 81 (2006): proper exhaustion requires following the facility's procedural rules correctly. In West Virginia, that means completing all three stages, filing all appeals within the required 5-day windows, and receiving the Commissioner's final decision. A grievance rejected or remanded at any level is not considered exhausted.

Policy Directive 335.00 is the governing DCR policy on inmate grievances.

WEST VIRGINIA DCR FACILITIES

The West Virginia Division of Corrections and Rehabilitation operates correctional facilities across the state. Major DCR facilities include:

State correctional facilities:

-- Mount Olive Correctional Complex (Mount Olive) -- The state's maximum security facility for adult males. West Virginia's only supermax unit operates here.

-- Huttonsville Correctional Center (Huttonsville) -- Medium security males.

-- Lakin Correctional Center (West Columbia) -- Female inmates.

-- Pruntytown Correctional Center (Grafton) -- Medium security males.

-- St. Marys Correctional Center (St. Marys) -- Medium/minimum security males.

-- North Central Regional Jail (Greenwood) -- Regional jail for multiple counties.

Regional jails: West Virginia operates a system of regional jails administered jointly by the DCR and the West Virginia Regional Jail and Correctional Facility Authority. Major regional jails include Central Regional Jail (Flatwoods), Eastern Regional Jail (Martinsburg), North Central Regional Jail (Greenwood), Potomac Highlands Regional Jail (Augusta), Southern Regional Jail (Beaver), Southwestern Regional Jail (Holden), and Western Regional Jail (Barboursville).

Both state prisons and regional jails in West Virginia operate under the same DCR grievance policy (Policy Directive 335.00) and the same statutory framework (WV Code Section 25-1A). The process described below applies to residents of both facility types.

THE DCR GRIEVANCE PROCESS: THREE STAGES

Policy Directive 335.00 establishes a three-stage grievance process: Stage 1 (Unit Manager), Stage 2 (Superintendent), and Stage 3 (Commissioner). All three stages must be completed to exhaust. The process uses a single multi-part grievance form that carries the grievance through all stages.

BEFORE YOU FILE: INFORMAL RESOLUTION

DCR policy encourages inmates to attempt to resolve issues informally with staff before filing a formal grievance. Talk to your housing officer, unit team, or the relevant department about the issue. If informal communication resolves it, no grievance is necessary. If it does not, file within the 15-business-day window.

STAGE 1: UNIT MANAGER

FILE WITHIN 15 BUSINESS DAYS of the incident or issue being grieved. Business days exclude weekends and holidays -- this is not 15 calendar days. Count carefully.

Get the grievance form from a DCR staff member, from the law library, or from a grievance box on your housing unit. The form is a one-page form that carries through all three stages.

COMPLETING THE FORM CORRECTLY:

-- One issue only per grievance form. If you have more than one separate issue, fill out a separate form for each.

-- Clearly state what happened and what you want to happen or the question you want answered.

-- Write on only one side of the page. You may attach one additional sheet of 8.5 x 11 paper, written on one side only.

-- Do not use more than one staple.

-- Avoid spills, smudges, or marks on the form.

-- Do not fold the form except to place it in an envelope.

SUBMISSION: Submit the grievance to your Unit Manager by depositing it in a DCR grievance box or by giving it directly to a correctional officer.

RECEIPT REQUIREMENT: Once you file, DCR staff must give you a copy of your grievance with the assigned grievance number within 12 hours. If staff do not provide this copy within 12 hours, document the date and time you filed and follow up immediately in writing.

IMPROPER FILING: If the Unit Manager returns your grievance because it was not filed properly, you have 10 days to correct and refile.

UNIT MANAGER RESPONSE: If accepted, the Unit Manager must answer the grievance within 5 days. If the Unit Manager does not respond within 5 days, you may treat the non-response as a denial and proceed to Stage 2.

STAGE 2: SUPERINTENDENT

APPEAL WITHIN 5 DAYS of receiving the Unit Manager's response (or of the day the 5-day response deadline expired without a response).

Submit the following to the Superintendent:

-- Your completed grievance form (add your initials and the date on the "Appealed to Superintendent" line)

-- Any attachments you included in Stage 1

-- The Unit Manager's response

If the Unit Manager did not respond, sign and date the corresponding lines on the form documenting the non-response, then submit to the Superintendent.

You can submit the Stage 2 appeal by depositing it in a DCR grievance box or by giving it to a correctional officer.

Before submitting, DCR staff must give you a copy of your grievance.

SUPERINTENDENT RESPONSE: The Superintendent must respond within 5 days. If the Superintendent does not respond within 5 days, you may treat the non-response as a denial and proceed to Stage 3.

THE SUPERINTENDENT CAN:

-- Deny the grievance (agree with the Unit Manager)

-- Grant the grievance (agree with you)

-- Remand the grievance (send it back to the Unit Manager for further action)

CRITICAL REMAND RULE: If the Superintendent remands the grievance, the Unit Manager is expected to issue a new decision. The process returns to Stage 1. A remand means the grievance is NOT yet exhausted. You must track the new Unit Manager decision and continue through all stages if needed. Document every step of the remand sequence with dates.

STAGE 3: COMMISSIONER OF DCR (FINAL)

APPEAL WITHIN 5 DAYS of receiving the Superintendent's response (or of the day the 5-day Superintendent response deadline expired without a response).

Mail all documents TOGETHER IN ONE ENVELOPE to:

WV Division of Corrections & Rehabilitation: Commissioner's Office

Attention: Inmate Grievance Review

1409 Greenbrier Street

Charleston, WV 25311

The envelope must contain:

-- Your completed grievance form (with your initials on the "Appealed to Commissioner" line)

-- All attachments included in Stages 1 and 2

-- All responses from the Unit Manager and Superintendent

CRITICAL RULE: Only one grievance per envelope. If you include multiple grievances in one envelope, all will be rejected. Mail each grievance separately.

Before submitting, DCR staff must give you a copy of your grievance.

COMMISSIONER RESPONSE: The Commissioner must respond within 15 days. WV Code Section 25-1A requires the agency to issue a final decision no later than 60 days from the date the initial grievance was filed.

THE COMMISSIONER CAN:

-- Deny the grievance (agree with the Superintendent)

-- Grant the grievance (agree with you)

-- Reject the grievance (for improper filing)

-- Remand the grievance (send back to the Unit Manager or Superintendent)

CRITICAL REMAND RULE (applies at Commissioner level too): If the Commissioner remands the grievance, it is not considered exhausted. The process returns to whatever level the Commissioner remands it to. Track the new decision and complete remaining stages.

A GRIEVANCE REJECTED AT ANY LEVEL IS NOT EXHAUSTED. A rejection is not a final decision on the merits -- it is a procedural determination that the grievance was not filed correctly. Fix the problem and refile if possible within the applicable deadlines.

WHEN EXHAUSTION IS COMPLETE: The Commissioner's final written decision -- on the merits -- is the point of exhaustion. Once you have that decision, or once the 60-day statutory deadline passes without a final decision, you have exhausted West Virginia's administrative remedies and are legally positioned to file a federal civil rights lawsuit.

SEXUAL ABUSE GRIEVANCES -- SPECIAL RULES

Grievances about sexual abuse or the risk of imminent sexual abuse operate under separate rules under both Policy Directive 335.00 and WV Code Section 25-1A:

-- No 15-business-day filing deadline: Sexual abuse grievances are not limited by the 15-business-day requirement. You may file after that window.

-- Third parties may file: Fellow incarcerated people, family members, attorneys, and outside advocates are permitted to assist with or file a grievance on your behalf.

-- Another incarcerated person may file for you.

-- Bypass the Unit Manager if they are the subject: If you would be required to submit the grievance to the staff member you are alleging engaged in sexual abuse, submit it directly to the Superintendent instead.

-- Emergency sexual abuse grievances: WV Code requires an initial response within 48 hours and a final agency decision within 5 calendar days for emergency grievances alleging a substantial risk of sexual assault or sexual abuse.

The ADA checkbox on the grievance form should be marked if your grievance involves a disability or an accommodation you are not receiving. It should also be marked if your grievance relates to the Medication-Assisted Treatment (MAT) program.

WHAT IS GRIEVABLE AND WHAT IS NOT

Under WV Code Section 25-1A, "ordinary administrative remedies" include complaints about food quality, health care, appeals of prison discipline, physical plant conditions, and any other general or particular aspect of prison life that does not involve violence, sexual assault, or sexual abuse. Violence, sexual assault, and sexual abuse have additional or separate grievance procedures under the same statutory framework.

DCR's grievance system addresses issues within the authority of the DCR. Issues not within DCR's authority -- court decisions, parole board decisions, state and federal laws -- are generally not grievable through the internal process.

If your issue involves a disciplinary sanction, note that the same grievance process and form apply for disciplinary appeals in West Virginia -- the standard policy directive covers both conditions-of-confinement complaints and disciplinary appeals. Confirm with your housing officer or the law library whether a separate disciplinary appeal track applies to your specific situation, or whether the Policy Directive 335.00 process is the appropriate path.

BOP FACILITIES IN WEST VIRGINIA

West Virginia hosts several active Bureau of Prisons federal facilities -- among the largest concentration of federal prisons in any single state in the country. If you are housed in a BOP facility in West Virginia, the DCR process does not apply to you. Use the BOP Administrative Remedy Program.

Active BOP facilities in West Virginia include:

FCI Hazelton -- A medium-security male facility in Bruceton Mills, Preston County.

USP Hazelton -- A high-security United States Penitentiary adjacent to FCI Hazelton in Bruceton Mills, part of the Hazelton Federal Correctional Complex.

FCI Gilmer -- A medium-security male facility in Glenville, Gilmer County.

The BOP Administrative Remedy Program:

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. 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. West Virginia BOP facilities fall under the BOP Mid-Atlantic Regional Office (Philadelphia). 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. General Counsel has 40 calendar days to respond (with possible 20-day extension).

All four steps required to exhaust federal administrative remedies.

WEST VIRGINIA-SPECIFIC FAILURE MODES

West Virginia's three-stage process is specific enough to generate well-documented failure patterns. Here is what to watch for:

FAILURE MODE 1: MISSING THE 15-BUSINESS-DAY FILING DEADLINE

Fifteen business days -- not calendar days. Weekends and holidays do not count. Twenty-one to twenty-three calendar days is roughly 15 business days, depending on when holidays fall. File as soon as possible after the incident. If you wait until close to the deadline and then count incorrectly, your grievance will be returned as untimely and will not be exhausted.

FAILURE MODE 2: THE REMAND TRAP

This is West Virginia's most distinctive failure mode. When a grievance is remanded at any stage, it is sent back for additional action and is not yet exhausted. People who receive a remand often think something good is happening -- and it may be -- but if you stop tracking the grievance after the remand, you may miss the new Unit Manager or Superintendent decision and the 5-day window to appeal it. Track every remand as carefully as you tracked the original filing.

FAILURE MODE 3: MIXING MULTIPLE GRIEVANCES IN ONE COMMISSIONER ENVELOPE

Sending more than one grievance in the same envelope to the Commissioner's office will cause all of them to be rejected. Each grievance must be mailed in a separate envelope with its own complete packet. Keep your grievances organized and mail each one separately.

FAILURE MODE 4: MISSING THE 5-DAY APPEAL WINDOWS

At both Stage 2 (Superintendent) and Stage 3 (Commissioner), the appeal window is 5 days from receiving the prior stage's response -- or 5 days after the response deadline expires without a reply. Five days is extremely short. Read each response the day it arrives and appeal immediately.

FAILURE MODE 5: IMPROPER FORM COMPLETION

Writing on both sides of a page, using more than one staple, folding the form (except to envelope it), including more than one additional sheet, or submitting a damaged form -- all of these can result in the grievance being returned for improper filing. You then have 10 days to correct and refile. Losing those 10 days while the original 15-business-day clock continues running can cost you the ability to refile.

FAILURE MODE 6: TREATING A REJECTION AS EXHAUSTION

A rejection at any level means the grievance was not properly filed. It is not a final decision on the merits. It does not constitute exhaustion. Fix the problem, refile within the applicable window, and complete all remaining stages.

FAILURE MODE 7: RETALIATION

WV Code Section 25-1A(h) provides that an inmate may be disciplined for filing a sexual abuse grievance only where the agency demonstrates the grievance was filed in bad faith. More broadly, DCR policy prohibits retaliation for good-faith grievance use. If you experience retaliation, document it and file a new grievance treating the retaliation as a separate incident within its own 15-business-day window.

LEGAL RESOURCES IN WEST VIRGINIA

West Virginia Community Corrections (WV CCC) -- A statewide nonprofit that has published detailed guides to the DCR grievance process, including a step-by-step summary and a direct link to Policy Directive 335.00. Their resources page at resources.westvirginiaccc.org provides a printer-friendly two-page grievance process summary.

Mountain State Justice -- A civil legal organization in West Virginia that engages with prisoner rights and conditions-of-confinement issues. Based in Charleston; reachable at msjlaw.org.

West Virginia Legal Aid -- Provides civil legal services to low-income West Virginians. Accessible through the law library or by family members on the outside.

American Civil Liberties Union of West Virginia -- The ACLU-WV accepts prisoner rights inquiries on a selective basis. Based in Charleston; reachable by mail or through family at acluwv.org.

West Virginia University College of Law -- Has clinic programs that have engaged with WV prisoner rights issues.

Law Library Access -- DCR policy requires access to legal materials. Grievance forms and Policy Directive 335.00 should be available in all facility law libraries and housing units. If you are denied access, document the denial in writing.

U.S. District Court for the Northern District of West Virginia (Clarksburg/Elkins) and the Southern District of West Virginia (Charleston/Huntington) -- West Virginia has two federal districts. Federal civil rights complaints from West Virginia state and federal prisoners are filed in the district covering the area where the facility is located. Both courts accept pro se civil rights complaints.

THE BOTTOM LINE FOR WEST VIRGINIA

Three stages. Fifteen business days to file. Five days to appeal at each level. Commissioner's decision is final -- and must come within 60 days of the initial filing under state law.

The two things that catch people most in West Virginia: the remand, which restarts the process and requires you to keep engaging; and the five-day appeal windows, which are among the shortest in the series. Read every response the day you receive it and appeal the same day if possible.

If your grievance is remanded, treat it like a new Stage 1 filing with its own clock. Track the new decision. Appeal again if unsatisfied. Keep going until the Commissioner issues a final decision on the merits. That decision is your proof of exhaustion.