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Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 510

previous next Effective - 28 Aug 1995bottom

  510.125.  Grievance resolution system for offenders, civil actions stayed, when. — 1.  In any civil action brought in a court of this state by an offender convicted of a crime who is confined in any state prison or correctional facility, the court shall stay such case until the offender has exhausted such administrative remedies as are described in this section and are available to the offender.

  2.  The department of corrections shall maintain a system or systems for the resolution of grievances of offenders confined in each state prison or correctional facility.  The systems may provide for:

  (1)  Time limits for replies to grievances at each decision level within the system;

  (2)  Priority processing of grievances which are of an emergency nature, including matters in which delay would subject the grievant to substantial risk of personal injury;

  (3)  Safeguards to avoid reprisals against any grievant or participant in the resolution of a grievance; and

  (4)  Review of the disposition of grievances by a person or other entity who did not render the original decision of the grievance.

  3.  Notwithstanding the provisions of subsections 1 and 2 of this section, the provisions of any federal statute governing a cause of action created by federal law shall control and take precedence in actions brought pursuant to such federal law.

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(L. 1995 H.B. 424)


---- end of effective   28 Aug 1995 ----

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