Section 28-507. DUTIES OF THE SHIFT SUPERVISOR

 

507.1The Shift Supervisor shall review the disciplinary report for clarity and shall ensure that the charges on the report are specific.

 

507.2The Shift Supervisor shall decide to do one (1) of the following:

 

(a)Reprimand and warn the accused resident;

 

(b)Refer the disciplinary report for an adjustment hearing; or

 

(c)Reject the disciplinary report.

 

507.3If the Shift Supervisor decides to present the report to the Adjustment Board or hearing officer, the resident shall be called out and advised by the Shift Supervisor that a report has been filed against the resident.

 

507.4The Shift Supervisor shall read the disciplinary report in its entirety (subject to the limitations set forth in § 507.10 below) to the resident and shall provide the resident an opportunity to make a statement.

 

507.5If the alleged offense is one for which the resident may also be subject to criminal prosecution, the Shift Supervisor shall advise the resident of that fact and shall also advise the resident of the following:

 

(a)That the resident is not required to make a statement; and

 

(b)That any statement made by the resident may be used against the resident in any subsequent criminal proceeding.

 

507.6The Shift Supervisor shall also inform the resident that the resident may be represented by counsel.

 

507.7The resident shall also be advised by the Shift Supervisor that any appearance before the Adjustment Board or a hearing officer for a hearing will be solely to determine whether institutional regulations have been violated, and that the Adjustment Board or hearing officer will not decide whether the resident has committed a criminal offense.

 

507.8If the resident makes a statement, it shall be recorded in writing and a copy shall be available to the resident upon request. If the resident does not wish to make a statement, the Shift Supervisor shall record in writing that the resident declined to make a statement.

 

507.9Within three (3) days after completion of the investigation, the Shift Supervisor shall provide the resident concerned with a copy of the disciplinary report and the Shift Supervisor's investigative report.

 

507.10Copies of reports given or read to the resident do not have to include any information which may endanger any resident(s) or other person(s), or cause a riot, other major disturbance, or damage to property.

 

507.11The report form shall contain in bold type the following statement:

 

YOU ARE ENTITLED TO ALL THE PROCEDURAL SAFEGUARDS SET FORTH IN THE BOOKLET ENTITLED "ADMINISTRATIVE PROCEDURES FOR ADJUSTMENT AND HOUSING ACTIONS AND CODE OF OFFENSES." READ IT CAREFULLY.

 

507.12The Shift Supervisor shall inform the resident in writing of the resident's hearing date. At the Correctional Complex, this written notice shall be given at least three (3) working days prior to the hearing date.

 

507.13The Shift Supervisor shall also inform the resident in writing of the following:

 

(a)That the resident has the option to be heard by a single hearing officer;

 

(b)That the resident shall be entitled to call witnesses (subject to the limitations set forth in § 510.1); and

 

(c)That the resident may select a representative, including an attorney or substitute counsel, to represent the resident at the hearing, but that the representation will not be at the expense of the Department of Corrections.

 

507.14If the resident wishes to be represented, the Shift Supervisor or resident shall make arrangements for representation by telephone; provided, that telephone calls shall be limited to the Washington, D.C. Metropolitan Area. These calls shall be recorded in the Attorney Telephone Log Book.

 

507.15If the resident desires to be represented by an attorney or substitute counsel but does not have one, the resident shall be given reasonable opportunity to contact any legal service organization approved by the Department of Corrections for that purpose.

 

507.16Substitute counsel may be a law student who is a participant in a group which is sanctioned by the Department, a law student who has volunteered and been approved by the Department to be available to act as substitute counsel, a representative of an attorney, or any employee of the Department of Corrections voluntarily chosen by the resident.

 

source

Final Rulemaking published at 28 DCR 865, 879-81 (February 27, 1981).