(1) The welfare of an institution may require that some inmates be separated from the general inmate population in order to maintain order at the institution; to protect either the individual inmate or other members of the inmate population or members of the institutional staff; or for detention pending completion of an investigation of charges against him (her).(2) Administrative Segregation is defined as the withdrawal of an inmate from the general inmate population and his (her) detention in a separated area of the institution which is apart from any other area used to accommodate the general inmate population.(3) An inmate may be placed at his (her) request in Administrative Segregation for his (her) own protection. The assignment should only occur if the request is in writing and confirmed by the inmate to the responsible staff member effecting the assignment. If the inmate, upon his (her) request, is denied reassignment, Administrative Segregation becomes an involuntary assignment. It then becomes the obligation of the Warden/Superintendent to review the assignment every 30 days and to consider in such review any written reasons offered by the affected inmate pertaining to continued assignment in Administrative Segregation.(4) Subsequent to an involuntary assignment of an inmate to Administrative Segregation, the Warden/Superintendent or his designated representative shall hold a formal hearing within ninety-six (96) hours after the inmate is placed in Administrative Segregation. (a) The inmate will be advised in writing of the reason(s) why he (she) is being placed in Administrative Segregation at least twenty-four (24) hours before the initial Administrative Segregation Hearing.(b) For the initial Administrative Segregation Hearing the inmate may request that an employee who is on active duty and willing to represent the inmate be the inmate's advocate at this initial Administrative Segregation Hearing.(c) At the initial Administrative Segregation Hearing, the inmate may request that witnesses be called on his (her) behalf and the Classification Committee will have the discretion to call these witnesses.(5) The following conditions must be met prior to an inmate's being placed in Administrative Segregation for any of the reasons set forth in paragraph (1): (a) An inmate may be assigned for an indefinite period when so authorized in writing by the Warden/Superintendent. Such assignment must be fully documented as to necessity. The documentation shall also identify the date on which the initial hearing referred to in paragraph (4) above occured, and shall identify the facts offered in rebuttal at the hearing by the inmate and by the inmate's witnesses. A copy of all documentation for the assignment shall be forwarded to the Commissioner of Corrections within fifteen (15) days of imposition. Review of each case shall be made by the Warden/Superintendent at least once every thirty (30) days. 1. The inmate may submit reasons, in writing, to the Warden/Superintendent at the time of such hearings by the Classification Committee on the question of the inmate's continued assignment to Administrative Segregation. Although a record of each Hearing should be maintained by the Warden/Superintendent, only the initial notice of the Hearing should be forwarded to the Commissioner of Corrections unless the Commissioner specifically requests more information. Nothing in this provision is intended to prohibit an inmate from contacting his (her) counselor or the Warden/Superintendent at any time concerning a change in facts or circumstances which would make the continued stay in Administrative Segregation unnecessary.(b) In the absence of the Warden/Superintendent, the senior officer present may place an inmate in Administrative Segregation for a period not to exceed seventy-two (72) hours. The Warden/Superintendent will be notified of this action as soon as he returns to the Institution. The assignment must then be treated by the Warden/ Superintendent under the provisions of paragraphs (3) or (4).(6) The intent of detention of an inmate in Administrative Segregation is not disciplinary in nature, but will, of necessity, preclude his (her) participation in most institutional group activities. Any restriction of the inmate's activities beyond those necessitated by the differing nature of the physical plant and surrounding circumstances shall be those assessed as a result of a disciplinary hearing.(7) The health standards required and the rations provided shall be the same as those used for the general inmate population. Based on recommendations of the institutional physician, it may become necessary or desirable to prescribe physical exercise that can be performed in the segregated environment and reduced caloric intake as well as selected foods containing needed vitamins in order to maintain an appropriate health program for individual inmates.Ga. Comp. R. & Regs. R. 125-3-1-.03
Ga. Constitution 1983, Art. XI, Sec. I, Par. (b); Ga. L. 1956, pp. 161, 170; 1969, p. 598; 1956, pp. 161, 171; 1964, pp. 489, 490 (O.C.G.A. 42-2-11); Ga. L. 1968, p. 1399 (O.C.G.A. 42-5-51); Ga. L. 1969, p. 602; 1971, pp. 435, 436 (O.C.G.A. 42-5-59); Ga. L. 1972, p. 582; 1973, pp. 1297, 1298, 1299 (O.C.G.A. 42-5.51); Ga. L. 1956, pp. 161, 173; 1957, pp. 477, 479 (O.C.G.A. 42-2-11); Ga. L. 1960, pp. 234, 235; 1962, p. 699 (O.C.G.A. 42-5-52); Ga. L. 1956, pp. 161, 174 (O.C.G.A. 42-2-11); Ga. L. 1964, pp. 491, 492; 1970, pp. 318, 319 (O.C.G.A. 42-5-53); Ga. L. 1972, p. 838 (O.C.G.A. 42-10-2); Ga. L. 1956, pp. 161, 178 (O.C.G.A. 42-2-11); Ga. L. 1961, pp. 127, 128 (O.C.G.A. 42-5-100); Ga. L. 1964, pp. 495, 496 (O.C.G.A. 42-5-101); Ga. L. 1968, pp. 1399, 1404 (O.C.G.A. 42-5-51); Ga. L. 1976, pp. 949, 950 (O.C.G.A. 42-5-100).
Rule, entitled "Administrative Segregation," filed as Rule 415-3-1-.03 on November 14, 1984; effective December 4, 1984, renumbered as Rule 125-3-1-.03. Filed June 28, 1985; effective July 20, 1985, as specified by the Agency.