Section 28-531. ADMINISTRATIVE SEGREGATION PRIOR TO A HEARING

 

531.1Administrative segregation for a resident prior to an adjustment hearing or a housing hearing may be ordered only by a Shift Supervisor or higher ranking correctional staff member.

 

531.2The Shift Supervisor or higher ranking correctional staff member shall not order administrative segregation prior to a hearing for a resident unless the official finds that the resident is in danger of a threat to the resident's personal safety, poses a danger to the safety of others, or is a definite escape risk. Confinement shall be in administrative segregation.

 

531.3In determining that the resident is in danger or is a danger to the safety of others, the Shift Supervisor shall record, in writing, whether there is a security need to separate the resident from a member of the correctional staff or from one (1) of the following:

 

(a)The identifiable victim of an assault;

 

(b)Identifiable witnesses;

 

(c)Identifiable informants; or

 

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

 

531.4The Shift Supervisor shall also record, in writing, the name(s) of the person(s) from whom the resident must be temporarily separated.

 

531.5If disclosing either the name of the individual or any of the evidence on which the Shift Supervisor relied in making the determination would, in the Shift Supervisor's judgment, pose a threat to the safety of a resident, correctional officer or other employee of the institution, or cause a riot or other major disturbance or significant damage to property, the Shift Supervisor shall so state in the written statement.

 

531.6The Shift Supervisor shall specifically describe in the written statement the type of information deleted under § 531.5, if any.

 

531.7The Shift Supervisor may delete the material designated under § 531.5 from the copy of the written statement given to the resident and the resident's counsel or substitute counsel.

 

531.8If the Shift Supervisor makes any deletions, the Shift Supervisor shall transmit to the Housing Board of the institution a copy of the entire written statement.

 

531.9In determining that the resident is a definite escape risk, the Shift Supervisor shall consider the following factors:

 

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

 

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

 

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

 

(d)Whether the resident acted voluntarily;

 

(e)Whether the resident has been convicted of prison breach; and

 

(f)Other relevant evidence reasonably showing the resident to be a definite escape risk.

 

531.10If the Shift Supervisor or higher ranking correctional staff member orders that the resident be placed in segregation prior to a hearing, the official shall also note in the written statement, subject to limitations in § 531.5 relating to confidentiality, the factual basis for the conclusion that the resident is in danger, poses a danger to the safety of others, or is a definite escape risk.

 

531.11Except in the case of riot or other major disturbance, the only circumstance in which a resident may be held in segregation for more than three (3) working days prior to a hearing is if the resident requests a continuance of the date of the hearing. In this circumstance, the resident's segregation may continue up to and include the date of the hearing.

 

531.12The case of any resident held in segregation prior to a hearing shall be advanced ahead of other cases and heard on a priority basis by the Adjustment Board or Housing Board.

 

531.13If a resident is held in segregation prior to an adjustment hearing, and the Adjustment Board ultimately determines that the resident shall serve some period of adjustment segregation, the resident may, in the Adjustment Board's discretion, receive credit for the time spent in administrative segregation prior to the hearing.

 

source

Final Rulemaking published at 28 DCR 865, 899-901 (February 27, 1981).