When and how do I file an emergency appeal?

If waiting for answers to an appeal under the normal time limits would cause you serious risk of injury or harm, you may file an emergency appeal and ask for more speedy processing.[630] Circumstances in which an emergency appeal can be filed include when you need protective custody or when you are being transferred to a prison where you have an enemy. If you want to file an emergency appeal, write “Emergency Appeal” on the top of the 602 form and submit it to the Appeals Coordinator. You should explain on the form why the appeal should be treated as an emergency. You may also ask that an action (such as a transfer) be delayed until after the appeal is completed. Intentional misuse of the emergency appeal process may qualify as “abuse” as discussed above.[631] If emergency processing is refused, you will be notified of that; the appeal will either be accepted by the Appeals Coordinator for regular processing or returned with a notice that the appeal is being rejected for some reason.[632] If emergency processing is granted, the first level review is waived or bypassed and the appeal will be sent to the second level. Second level review should be completed within five working days.[633] If you do not agree with the second level decision, you may send the appeal back to the Appeals Coordinator, who will send it electronically to the CDCR Appeals Chief for third level review. The third level decision must be completed within five working days.[634]

  1. 630

    15 Cal. Code Regs. § 3084.9(a).

  2. 631

    15 Cal. Code Regs. § 3084.9(a)(2).

  3. 632

    15 Cal. Code Regs. § 3084.5(b)(2) and § 3084.9(a)(3).

  4. 633

    15 Cal. Code Regs. § 3084.9(a)(4).

  5. 634

    15 Cal. Code Regs. § 3084.2(e).