Complaint Review Process
Upon receipt of a complaint, the OCO staff must evaluate it to first ensure that it falls within OCO jurisdiction. The OCO jurisdiction extends only to those persons who are in the physical custody of the Washington Department of Corrections, which includes any of its prisons and work release centers. The OCO jurisdiction does not include community custody, although if the person is returned to the DOC's physical custody, the OCO could then review the complaint. The OCO jurisdiction does not pertain to the family members of incarcerated persons, volunteers, the DOC's employees, or other persons who are not incarcerated.
Second, the OCO jurisdiction pertains only to the actions of the DOC. It does not extend to the actions of federal agencies.
Third, the OCO can review complaints regarding negative impacts to an incarcerated person's health, safety, welfare, and rights.
Fourth, prior to filing a complaint with the OCO, a person must have reasonably pursued resolution of the complaint through the internal grievance, administrative, or appellate procedures with the DOC. In practical terms, the OCO requests that persons receive a Level 1 response for medical-related complaints, or for all other complaints receive at least a Level 2 response (Superintendent's review/response) before requesting the OCO's assistance. The only exceptions are for complaints related to threats of bodily harm, including but not limited to sexual or physical assaults, or the denial of medical treatment.
The OCO’s goal is to provide a response to the incarcerated person/complainant within 45 days, which could include providing information or advice about applicable policies; information about the internal grievance, administrative, or appellate procedure; or referrals to other personnel or agencies, as appropriate.
If the complaint falls within the OCO’s jurisdiction and it appears that the DOC failed to follow policy, procedure, or law, the OCO staff will contact the DOC and attempt to work toward early resolution of the complaint. Please see OCO's Complaint Process for more information about how OCO handles a complaint.
