Section 28-527. THIRTY-DAY REVIEWS

 

527.1If a resident is placed in administrative segregation, that placement shall be reviewed at hearings held at thirty (30) day intervals.

 

527.2At each thirty-day review, it shall be the responsibility of the Board to determine whether the resident's return to the general population at the time of that particular review still poses an escape risk or security risk to the resident or others.

 

527.3In particular under § 527.2, the Board members shall determine whether other residents from whom the resident is to be separated are presently in the general population.

 

527.4The resident shall have a right to be present, with a representative, at every third (3rd) review hearing (i.e., Every ninety (90) days). The resident may present evidence at that time.

 

527.5At each thirty-day review hearing, the resident or the resident's counsel or substitute counsel may present in writing any new evidence for the consideration of the Board.

 

527.6If after a thirty-day review hearing the Board determines that the resident should remain in segregation, it shall prepare a written statement of the reasons for its determination.

 

527.7A copy of this written statement shall be furnished to the resident within one (1) week of the determination.

 

527.8If the Board determines that there is no longer an escape risk, or a security risk to the resident or others, the resident shall be released from segregation.

 

source

Final Rulemaking published at 28 DCR 865, 897 (February 27, 1981).