510.125. Grievance resolution system for offenders, civil actions stayed, when. - Missouri Statutes

Grievance resolution system for offenders, civil actions stayed, when.

510.125. 1. In any civil action brought in a court of this state byan offender convicted of a crime who is confined in any state prison orcorrectional facility, the court shall stay such case until the offenderhas exhausted such administrative remedies as are described in this sectionand are available to the offender.

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

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

(2) Priority processing of grievances which are of an emergencynature, including matters in which delay would subject the grievant tosubstantial risk of personal injury;

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

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

3. Notwithstanding the provisions of subsections 1 and 2 of thissection, the provisions of any federal statute governing a cause of actioncreated by federal law shall control and take precedence in actions broughtpursuant to such federal law.

(L. 1995 H.B. 424)