Section 28-703. PRE-HEARING PROCEDURES

 

703.1CCC defendants charged with a Class I Infraction shall be immediately remanded to the CDF.

 

703.2Within twenty-four (24) hours (excluding weekends and holidays) of the defendant's remand to the CDF an affidavit stating the basis for the defendant's remand shall be filed by the CCC staff with the appropriate judicial officer along with a request for an order that the defendant be brought before court without unnecessary delay.

 

703.3Copies of the affidavit shall be sent by the CCC staff to the Pretrial Services Agency and the Criminal Justice Act Office for forwarding to defense counsel and the U.S. Attorney's Office.

 

703.4Upon reasonable belief of a staff member that a CCC defendant has committed a Class II or Class III Infraction, the CCC staff member may file a disciplinary report. Disciplinary reports must be delivered, hand-carried if reasonably possible, by the reporting staff member or designee to the Shift Supervisor.

 

703.5The Shift Supervisor shall be responsible for reviewing, signing and forwarding disciplinary reports to the Disciplinary Team.

 

703.6If the Shift Supervisor believes the report is not sufficiently clear, or that the severity level of the alleged misconduct is inappropriate, he/she shall direct, in writing, that the reporting staff member rewrite the report. The order by the Shift Supervisor to rewrite a disciplinary report shall be made a part of the official record.

 

703.7Absent extenuating circumstances, disciplinary reports are to be completed within twenty-four (24) hours of the reporting staff person becoming aware of the infraction.

 

703.8Any extenuating circumstances that prohibit the timely submission of a disciplinary report shall be noted in the report. Absent extenuating circumstances, a disciplinary report shall be submitted to the Disciplinary Team within seventy-two (72) hours after the reporting staff person becomes aware of an infraction.

 

703.9Each disciplinary report shall include the following information:

 

(a)Defendant's name and DCDC number;

 

(b)The specific rule alleged to have been violated and a statement of the charges;

 

(c)Names of witnesses to the incident;

 

(d)Date, time and location of the alleged infraction;

 

(e)Facts surrounding the incident sufficient to answer the questions of who, what, when, where, how and why;

 

(f)Disposition of any confiscated property;

 

(g)Any action taken including confiscation of property, the seizure of contraband, or the placing of defendant of administrative hold;

 

(h)Supplementary reports of witnesses and/or other involved CCC staff; and

 

(i)The signature of the reporting staff person.

 

703.10A copy of the disciplinary report is to be provided to the subject defendant within twenty-four (24) hours of when the report is approved by the Shift Supervisor, absent any extenuating circumstances.

 

703.11In the event that a defendant's property is confiscated due to a rule violation, the staff member who confiscates the property shall complete a property inventory form.

 

703.12Immediately following the confiscation the defendant/owner shall sign and receive a copy of the inventory form.

 

703.13A copy of the inventory form shall also be placed with the property. The staff person executing the property inventory form shall note the condition of the property.

 

703.14In the event that the defendant/owner is not present when the property is confiscated, two staff members shall conduct the inventory and both shall sign the property inventory form.

 

703.15If the property is returned to the defendant/owner, he/she shall verify that the property has not been altered or damaged, sign the inventory form upon receipt of the property, and be provided a copy of the form.

 

703.16When a violation is reported for which an investigation is deemed necessary, the investigation shall begin within twenty-four (24) hours of the time that the violation is reported. The investigation is to be completed without unreasonable delay.

 

703.17The investigator shall normally be a supervisor. The investigating supervisor may seek the assistance of another staff member as long as that staff member is not the individual who reported the incident or is not a witness to the incident. Where appropriate, the CCC staff may seek the assistance of the Metropolitan Police Department or other law enforcement agencies in the investigation of the incident.

 

703.18Any physical item identified as evidence in connection with any alleged misconduct or violation is to be seized by CCC staff. Each seized item must be accompanied by a correctly completed evidence report.

 

703.19Items of physical evidence shall be picked up daily by the Shift Supervisor and securely maintained in the evidence lockers. Evidence lockers are to be maintained under the control of CCC supervisory staff.

 

703.20To maintain a clear chain of custody, the time and date that evidence passes from the control of one person to another is to be documented.

 

703.21When the evidence is no longer needed, it shall be disposed of in accordance with Department of Corrections policy.

 

703.22The CCC Shift Supervisor, or his/her designee, is responsible for conducting periodic audits of evidence storage lockers to ensure compliance with policies and procedures for the handling of evidence.

 

703.23The CCC Administrator/Director or Shift Supervisor may place a defendant on administrative hold within the CCC if he/she determines that doing so is necessary to ensure the integrity of an investigation of any incident. Except in extenuating circumstances, a pre-hearing administrative hold should not exceed twenty-four (24) hours, excluding weekdays and holidays.

 

source

Final Rulemaking published at 49 DCR 4558, 4561-64 (May 17, 2002).