Section 28-500. GENERAL PROVISIONS  


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    500.1The provisions of §§ 500 through 519 of this chapter shall govern disciplinary actions taken when a resident of a District correctional facility is charged with a violation of the Code of Offenses set forth in §§ 502 through 504 of this chapter.

     

    500.2A resident charged with a violation of the Code of Offenses who is found to pose a clear and present danger to others, or who is a definite escape risk, may be placed in administrative segregation prior to a hearing pursuant to the provisions of § 531 of this chapter.

     

    500.3A resident charged with a violation of the Code of Offenses who is found to be in danger from a clear and present threat to that resident's safety may be placed in involuntary protective custody pursuant to the provisions of § 521 of this chapter.

     

    500.4A resident who has been charged with a violation of the Code of Offenses may request placement in voluntary protective custody pursuant to the provisions of § 521 of this chapter.

     

    500.5If an alleged violation of the Code of Offenses is referred for prosecution, both adjustment action and housing action may be taken against the resident charged with the violation.

     

    500.6If both adjustment and housing actions are initiated against a resident for the same alleged violation of the Code of Offenses, the adjustment and housing hearings required by this chapter shall be consolidated to allow the resident to be represented by one (1) counsel at both hearings.

     

    500.7Notwithstanding the requirements of this chapter, a resident who has been found to have committed a Class III (minor) offense by a Department employee may be subject to any of the following actions without a hearing or written record:

     

    (a)Reprimand and warning;

     

    (b)Restitution, where appropriate; and

     

    (c)Confiscation, where appropriate.

     

    500.8Whenever an offense is charged, the accused shall be accorded all of the procedural safeguards provided in this chapter.

     

authority

Unless otherwise noted, the authority for this chapter is An Act To create a Department of Corrections in the District of Columbia, Public Law 460, 60 Stat. 320 (June 27, 1946) (codified at D.C. Official Code § 24-211.02 (2001); and Organization Order No. 7 (Organization Order No. 154 - Replacement Department of Corrections), Order of the Commissioners No. 67-96, dated December 26, 1967.

source

Final Rulemaking published at 28 DCR 865, 867-68 (February 27, 1981).