D.C. Mun. Regs. r. 28-521

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 28-521 - ADMINISTRATIVE SEGREGATION AND PROTECTIVE CUSTODY

521.1

Administrative segregation shall be defined as confinement to a control cell with limited recreation and privileges, as set forth in this section.

521.2

Administrative segregation may be used for the following purposes:

(a) To hold a resident prior to a housing hearing or adjustment hearing; or

(b) To hold a resident in voluntary or involuntary protective custody.

521.3

Administrative segregation shall also include restrictive confinement of a prisoner in any cell of the maximum security facility, or in a control cell of the central facility, or in a control cell at Youth Center II, or in the protective custody unit of Youth Center I, or in the adjustment unit of Youth Center I.

521.4

Before a resident is placed in any cell of the maximum security facility, or in a control cell of the central facility, or a control center at Youth Center II, there shall be a finding made that:

(a) There is a clear and present threat to the safety of the resident;

(b) The resident poses a clear and present threat to the safety of others; or

(c) The resident poses a definite escape risk.

521.5

In order to place a resident in the adjustment unit of Youth Center I, there shall be a finding that the resident poses a clear and present danger to the safety of others or is a definite escape risk.

521.6

A resident found to be in need of placement for protective custody in Youth Center I may be housed temporarily in the adjustment unit of Youth Center I when space is unavailable in the protective custody unit.

521.7

No resident shall be held in administrative segregation for more than three (3) days without a hearing, except as specifically provided in this chapter.

521.8

A resident shall be provided with at least two (2) hours per week out-of-cell recreation while placed in administrative segregation; provided, that recreation may be restricted because of extraordinary safety and security risks.

521.9

The following privileges shall be afforded to residents placed in administrative segregation:

(a) Uncensored correspondence;

(b) Visitation of one (1) hour per day, five (5) days per week;

(c) The right to have items purchased for them from the canteen;

(d) Smoking privileges in the cell; provided that this right may be restricted for safety reasons;

(e) Reading matter;

(f) Radios; provided, that this right may be restricted for extraordinary safety and security reasons;

(g) Work assignments, if available, and if the assignments would not pose extraordinary safety or security risks;

(h) Education and training programs with the following exceptions:

(1) Residents held in pre-hearing administrative segregation; and

(2) Any other resident where participation in education and training programs would pose an extraordinary safety or security risk.

521.10

Involuntary protective custody shall be defined as confinement of a resident in administrative segregation against the resident's will.

521.11

Voluntary protective custody shall be defined as the placement of a resident in administrative segregation at the request of the resident.

521.12

If a resident in voluntary protective custody provides the Department with a written statement that the resident no longer wishes to remain in protective custody, the resident shall be released at once from protective custody; provided, that a resident who requests release may be placed in involuntary protective custody under the provisions of this chapter for involuntary placement in protective custody.

D.C. Mun. Regs. r. 28-521

Final Rulemaking published at 28 DCR 865, 890-92 (February 27, 1981)