Section 28-522. HOUSING BOARD

 

522.1A Housing Board composed of three (3) officials of the Department of Corrections appointed by the Administrator, one (1) of whom shall be named as chairperson, shall determine appropriate housing placement in accordance with the procedures contained in this section.

 

522.2No official shall be a member of the Housing Board in any of the following circumstances:

 

(a)If the official has been involved in the investigation of the incident which led to the housing hearing;

 

(b)If the official was a witness to or has first-hand knowledge of that incident; or

 

(c)If the official would for any reason be unable to make an unbiased decision as to the housing of a particular resident.

 

522.3The purpose of the Housing Board shall be to ensure that a resident who needs protective custody or who is referred for prosecution or under investigation for the commission of an offense which has been referred for prosecution is given a hearing which to the greatest extent possible will allow for a full and fair determination of whether the resident poses a definite escape risk or poses danger to others, or whether the health or safety of the resident is threatened.

 

522.4In a housing hearing held to determine whether a resident presents a clear and present danger to others or is in danger from a clear and present threat from others, the Board shall determine whether there is a security need to separate the resident from a member of the correctional staff or from any of the following:

 

(a)The identifiable victim of an assault;

 

(b)Identifiable witnesses;

 

(c)Identifiable informants; or

 

(d)Another resident who presents an identifiable threat of physical harm to the resident.

 

522.5In a housing hearing held to determine whether a resident is a definite escape risk, the Board shall determine whether a resident presents a definite escape risk because of one (1) or more of the following reasons:

 

(a)The resident acted with the intent to escape and avoid confinement;

 

(b)The resident possessed instruments designed for use in an escape;

 

(c)The resident made statements manifesting an intent to escape;

 

(d)The resident has been convicted of prison breach; or

 

(e)There is other relevant evidence reasonably showing the resident to be a definite escape risk.

 

522.6In no event shall a member of the Board rely exclusively on the pendency of a law enforcement agency investigation in making a decision that there exists an escape risk or that a resident should be separated from other residents.

 

522.7The judgment of the Board shall be based on review and consideration of all the evidence presented to the Board.

 

522.8Relevant evidence may include, but shall not be limited to, the following:

 

(a)Testimony or documents pertaining to matters including the facts and circumstances surrounding the alleged conduct for which the resident is being investigated or considered for protective custody (such as, provocation, self-defense, defense of others); or

 

(b)The testimony of witnesses that the resident is permitted to call.

 

source

Final Rulemaking published at 28 DCR 865, 892-94 (February 27, 1981).