Section 28-521. ADMINISTRATIVE SEGREGATION AND PROTECTIVE CUSTODY

 

521.1Administrative segregation shall be defined as confinement to a control cell with limited recreation and privileges, as set forth in this section.

 

521.2Administrative 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.

 

521.3Administrative 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.

 

521.4Before 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.

 

521.5In 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.

 

521.6A 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.

 

521.7No resident shall be held in administrative segregation for more than three (3) days without a hearing, except as specifically provided in this chapter.

 

521.8A 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.

 

521.9The 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.

 

521.10Involuntary protective custody shall be defined as confinement of a resident in administrative segregation against the resident's will.

 

521.11Voluntary protective custody shall be defined as the placement of a resident in administrative segregation at the request of the resident.

 

521.12If 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.

 

source

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