Title 28 DCMR — CORRECTIONS, COURTS, AND CRIMINAL JUSTICE

28-5 CORRECTIONAL INSTITUTIONS

28 DCMR § 500 GENERAL PROVISIONS

500.1 The provisions of §§ 500 through 519 of this chapter shall govern disciplinary actions taken when a resident of a District correctional facility is charged with a violation of the Code of Offenses set forth in §§ 502 through 504 of this chapter.

500.2 A resident charged with a violation of the Code of Offenses who is found to pose a clear and present danger to others, or who is a definite escape risk, may be placed in administrative segregation prior to a hearing pursuant to the provisions of § 531 of this chapter.

500.3 A resident charged with a violation of the Code of Offenses who is found to be in danger from a clear and present threat to that resident's safety may be placed in involuntary protective custody pursuant to the provisions of § 521 of this chapter.

500.4 A resident who has been charged with a violation of the Code of Offenses may request placement in voluntary protective custody pursuant to the provisions of § 521 of this chapter.

500.5 If an alleged violation of the Code of Offenses is referred for prosecution, both adjustment action and housing action may be taken against the resident charged with the violation.

500.6 If both adjustment and housing actions are initiated against a resident for the same alleged violation of the Code of Offenses, the adjustment and housing hearings required by this chapter shall be consolidated to allow the resident to be represented by one (1) counsel at both hearings.

500.7 Notwithstanding the requirements of this chapter, a resident who has been found to have committed a Class III (minor) offense by a Department employee may be subject to any of the following actions without a hearing or written record:

(a) Reprimand and warning;

(b) Restitution, where appropriate; and

500.8 Whenever an offense is charged, the accused shall be accorded all of the procedural safeguards provided in this chapter.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is An Act To create a Department of Corrections in the District of Columbia, Public Law 460, 60 Stat. 320 (June 27, 1946) (codified at D.C. Official Code § 24-211.02 (2001); and Organization Order No. 7 (Organization Order No. 154 - Replacement Department of Corrections), Order of the Commissioners No. 67-96, dated December 26, 1967.
SOURCE: Final Rulemaking published at 28 DCR 865, 867-68 (February 27, 1981).

28 DCMR § 501 CODE OF OFFENSES: GENERAL POLICY

501.1 No resident shall engage in any conduct established as an offense by §§ 501 through 504.

501.2 The following general classes of offenses are established for the purpose of grading the relative seriousness of prison offenses and for determining the appropriate severity of the penalties to be imposed for each offense if an accused is found guilty:

(a) Class I - Serious Offenses (§ 502)

(b) Class II - Major Offenses (§ 503)

501.3 Any resident found guilty of an offense under this chapter shall receive only the punishment authorized under § 505 (maximum penalties) and the less severe actions authorized in §§ 515(a) and (b).

History

SOURCE: Final Rulemaking published at 28 DCR 865, 868 (February 27, 1981).

28 DCMR § 502 CLASS I OFFENSES

502.1 The offenses set forth in this section shall be classified as serious offenses.

502.2 Any of the offenses set forth in this section alleged to have been committed in the institution may be referred for prosecution.

502.3 The following Class I offenses shall be defined by the laws of the applicable jurisdiction:

(a) Murder;

(b) Manslaughter;

(d) Armed Robbery; and

(e) Burglary - First Degree.

502.4 The Class I offense of assault shall be defined as follows:

(a) Willfully causing serious bodily injury to any person;

(b) Shooting, stabbing, or cutting another person, or willfully causing bodily injury to another person with a weapon or by any means; or

(c) Forcibly assaulting, resisting, opposing, impeding, or interfering with any correctional official or other employee of the District.

502.5 The Class I offense of forcible sexual abuse shall be defined as forcibly engaging in physical contact with the genital parts or anus of another person.

502.6 The Class I offense of restraint shall be defined as willfully restraining another person under circumstances which expose the other person to a risk of bodily injury.

502.7 The Class I offense of arson shall be defined as willfully starting a fire or causing an explosion which damages the resident's personal property, the personal property of another resident, or institutional property.

502.8 The Class I offense of tampering with a witness or informant shall be defined as any of the following conduct based on the knowledge or belief that an official proceeding or an official investigation is pending or about to be instituted:

(a) Inducing, causing, or attempting to induce or otherwise cause a witness or informant to testify or inform falsely or to withhold any testimony, information, or evidence;

(b) Committing any violation of the Code of Offenses in retaliation for anything done or said by another person in the capacity of a witness or informant;

(c) Soliciting, accepting, or agreeing to accept any benefit in consideration for doing any of the acts specified in § 502.8(b).

502.9 The Class I offense of bribery shall be defined as willfully, giving, offering, or promising, directly or indirectly, anything of value to any Department employee with the intent to do any of the following:

(a) Influence any official act or any act within the official responsibility of the employee; or

(b) Induce the employee to do or omit to do any act in violation of the employee's line of duty.

502.10 The Class I offense of escape shall be defined as follows:

(a) Escape or attempting to escape;

(b) Instigating or assisting the escape of another person; or

(c) While being authorized to leave the facility under any work release program, community program, or otherwise; and being authorized to be at any specifically designated place or places; willfully failing to remain at the designated place or places, or willfully failing to return to the facility within the time prescribed.

502.11 The Class I offense of possession of major contraband shall be defined as follows:

(a) Possession of a knife, blackjack, gun, or other weapon;

(b) Possession of, making, or attempting to make any intoxicating beverage;

(d) Unauthorized possession of heroin or any narcotic drug;

(e) Using narcotic paraphernalia or being under the influence of a narcotic or drug unless a doctor has first authorized its use; or

(f) Possession or use of marijuana.

502.12 The Class I offense of theft shall be defined as willfully and wrongfully taking or withholding the property of another person or institutional property with the intent to deprive the other party or institution of that property or to appropriate to the resident or to a third person that property.

502.13 The Class I offense of receiving stolen property shall be defined as receiving stolen property of another party knowing that it has been stolen or believing that it had probably been stolen, unless the resident has notified a correctional officer of the resident's knowledge or belief or otherwise made reasonable efforts to restore the property to its owner.

502.14 The Class I offense of engaging in a riot shall be defined as being directly engaged in or doing any act which tends to continue or enlarge a disturbance involving an assemblage of three (3) or more persons which by tumultuous and violent conduct creates grave danger, damage, or injury to property or person, or substantially disrupts the normal functioning of the institution through violence; provided, that no resident who is merely present at the scene of an ongoing riot shall be deemed to have violated this subsection or § 502.15.

502.15 The Class I offense of inciting to riot shall be defined as either of the following:

(a) Purposefully inciting or urging a group of two (2) or more other residents to engage in a riot, regardless of whether a riot actually occurs; or

(b) Giving commands, directions, instructions, or signals to a group of two (2) or more persons with the intent of causing, continuing, or enlarging a riot regardless of whether a riot actually occurs.

502.16 The Class I offense of damage or destruction of property shall be defined as willfully destroying or damaging property belonging to the institution, the United States, the District, or any person.

502.17 The Class I offense of forgery and tampering shall be defined as forging or otherwise tampering with an official government document.

History

SOURCE: Final Rulemaking published at 28 DCR 865, 869-72 (February 27, 1981).

28 DCMR § 503 CLASS II OFFENSES

503.1 The offenses set forth in this section shall be classified as major offenses.

503.2 The Class II offense of bodily injury shall be defined as willfully subjecting any person to injury or offensive bodily contact.

503.3 The Class II offense of homosexual activity shall be defined as engaging in physical contact with the genital parts or anus of another person of the same sex.

503.4 The Class II offense of fighting shall be defined as any group of two (2) or more residents engaging in a physical altercation leading to the exchange of blows or substantial bodily contact.

503.5 The Class II offense of lack of cooperation shall include any of the following:

(a) Willfully refusing to perform duties assigned or willfully refusing to work;

(b) Failing to respond to any question or direction of any employee of the Department of Corrections or other custodial official; or

503.6 The Class II offense of gambling shall include any of the following:

(a) Playing for money or other things of value at any game including, but not limited to, those played with cards or dice, or betting and wagering on the side or hands of those playing; or

(b) Organizing any game of chance, lottery, betting pool, or other wagering device.

503.7 The Class II offense of threatening conduct shall include the following:

(a) Communicating an avowed present determination of intent to injure another person, committing a crime of violence, or committing an unlawful act dangerous to human life, presently or in the near future when the probable consequence of the threat or threats (whether the consequence in fact occurs or does not occur) would be one of the following:

(1) To place another person in fear of serious bodily injury;

(2) To cause evacuation of a building; or

(3) To otherwise cause serious disruption or alarm.

(b) Willfully compelling or inducing another person to engage in conduct from which the latter has a legal right to abstain or to abstain from conduct in which he or she has a legal right to engage, by means of instilling in that person a fear that, if the demand is not complied with, the accused resident or another will do any of the following:

(1) Cause bodily injury to someone;

(2) Cause damage to property; or

(3) Accuse someone of an offense or cause charges to be instituted against someone.

503.8 The Class II offense of falsifying physical evidence shall include any of the following actions based on the knowledge or belief that a disciplinary proceeding or an official investigation is pending or about to be instituted:

(a) Altering, destroying, concealing, or removing anything with intent to impair its authenticity or availability in the proceeding or investigation;

(b) Presenting or using anything which the resident knows to be false with intent to deceive a correctional officer or anyone who is or will be a member of the proceeding or investigation.

503.9 The Class II offense of lying shall be defined as willfully and knowingly making a false statement to a Department employee with intent to avoid disciplinary action for violation of an institutional regulation or to aid another inmate in avoiding disciplinary action.

503.10 The Class II offense of possession of contraband shall include the following:

(a) Possession of any article that has not been issued by the institution, purchased from the canteen, or specifically authorized by the Administrator;

(b) Use of any article in a manner contrary to the intent or provisions of issuance, purchase, or authorization; or

503.11 The Class II offense of creating a disturbance shall include the following:

(a) Willfully causing or creating substantial disorder characterized by unruly, tumultuous, or raucous conduct (violent or non-violent) which substantially disrupts orderly administration or creates an unreasonably annoying condition that has a direct tendency to provoke other residents to respond by committing an offense against persons, an offense against property, or an offense posing a threat to the security and good order of the institution; or

(b) Willfully creating or causing a disturbance involving violence or the concerted action of two (2) or more persons which does not create grave danger of injury to persons, damage to property, or substantial disruption of the normal functioning of the institution.

503.12 The Class II offense of giving a false alarm shall be defined as willfully communicating a false report concerning a fire, explosion, the present commission of an assault, rape, or kidnapping, or other catastrophe to cause the evacuation of a building or the correctional staff to respond in alarm.

History

SOURCE: Final Rulemaking published at 28 DCR 865, 872-75 (February 27, 1981).

28 DCMR § 504 CLASS III OFFENSES

504.1 The offenses set forth in this section shall be classified as minor offenses.

504.2 The Class III offense of unauthorized use of property of another shall be defined as the taking, exercising control over, or otherwise using the property of any person without the consent of the owner or other person authorized to give consent.

504.3 The Class III offense of out-of-place or absent at count shall be defined as doing any of the following without proper authority:

(a) Failing to report as prescribed to an appointed place of duty or assignment or any other place to which the resident has been directed to proceed by the valid order of a Department employee or institutional regulations;

(b) Leaving an appointed place of duty or assignment or any other place where the resident has been directed to remain by the valid order of a correctional officer or institutional regulations; or

504.4 The Class III offense of abuse of privileges shall include the following:

(a) Willfully violating the provisions of any institutional regulation dealing with a privilege. For purposes of this subsection, a "privilege" shall be defined as any benefit conferred upon the inmate populace by institutional regulations; or

(b) Taking excess food from the serving line in the dining hall or abusing dining privileges.

504.5 The Class III offense of creating a health, safety, or fire hazard shall be defined as activities that create a fire hazard or other situation which poses danger to the safety or health of the resident or others.

504.6 The Class III offense of abuse of living quarters shall include the following:

(a) Failing to make the resident's own bed neatly each day or failing to keep the resident's own living quarters clean and orderly; or

(b) Failing to keep articles issued by the institution or purchased from the canteen in lockers, drawers, or other approved places.

504.7 The Class III offense of disorderly appearance and clothing shall include the following:

(a) Failing to keep the resident's own clothing and person reasonably clean and orderly; or

(b) Willfully damaging any article of clothing or other property issued to the resident.

504.8 The Class III offense of willful disobedience of a general order shall include the following:

(a) Engaging in loud or boisterous talk, laughter, whistling, or other vocal expression if that activity is or may tend to be disruptive of order or a disturbance or annoyance to others;

(b) Willfully failing to proceed from place to place within the institution in a prompt and orderly way; or

(c) Approaching or speaking to any visitor other than counsel or substitute counsel, unless first authorized to do so by a custodial officer.

504.9 The Class III offense of disrespect shall include the following:

(a) Making any profane, obscene, or abusive remark to any employee of the Department of Corrections, or other custodial official; or

(b) Making a profane, obscene, or abusive remark about an employee or official of the Department of Corrections in the presence of that employee or official.

History

SOURCE: Final Rulemaking published at 28 DCR 865, 875-76 (February 27, 1981).

28 DCMR § 505 PENALTIES FOR VIOLATIONS OF THE CODE OF OFFENSES

505.1 A resident who is found guilty of a violation of any Class I (serious) offense, as set forth in § 502, shall be subject to the imposition of any of the penalties set forth in §§ 505.2 or 505.3.

505.2 A resident who is found guilty of a violation of any Class II (major) offense, as set forth in § 503, shall be subject to the imposition of any of the following penalties and to any penalty set forth in § 505.3 for Class III (minor) offenses:

(a) Forfeiture of institutional good time credits in accordance with the provisions of chapter 6 of this title;

(b) Change in custody status or housing assignment;

(d) Loss of pay, reduction in grade, or change of work assignment; provided, that this punishment shall only be imposed when the offense was committed in the performance of a work assignment;

(e) Transfer to Maximum Security status; or

(f) Extra duty assignment to be performed in the resident's off-duty time from the resident's regular work assignment.

505.3 A resident who is found guilty of a violation of any Class III (minor) offense, as set forth in § 504, shall be subject to the imposition of any of the following penalties:

(a) Assignment to adjustment segregation, as defined in § 505.4, for a period not to exceed seven (7) days;

(b) Reprimand and warning;

(d) Confiscation, where appropriate.

505.4 Adjustment segregation shall be confinement in a control cell without privileges, but with uncensored correspondence, access to religious and legal reading matter, and at least two (2) hours per week of out-of-cell recreation; provided, that recreation may be restricted due to extraordinary safety and security risk.

505.5 When a resident is found by a Department employee to have committed any Class III (minor) offense, as set forth in § 504, the employee may impose any of the following penalties without referring the matter to the Adjustment Board and without making any written record:

(a) Reprimand and warning;

(b) Restitution, where appropriate; and

History

SOURCE: Final Rulemaking published at 28 DCR 865, 869-72 (February 27, 1981); as amended by Final Rulemaking published at 35 DCR 1077, 1086 (February 19, 1988).

28 DCMR § 506 FILING AND INVESTIGATION OF CHARGES

506.1 After a disciplinary report (also referred to in this section as the "report") is prepared by the accusing official, it shall become an important document which constitutes a record of the alleged offense and indicates the identities of the resident and the person submitting the report.

506.2 Any official who becomes aware of an alleged violation of the Code of Offenses (an "offense") by a resident shall make sufficient investigation to ensure that before preparing a disciplinary report the official has available all the facts pertaining to the alleged offense.

506.3 The accusing official who has investigated an alleged offense shall fill out and sign a disciplinary report setting forth the official's understanding of the facts constituting the alleged offense, including the following:

(a) The date of the incident;

(b) The time and location of the incident;

(d) The name and section number of the offense which is charged.

506.4 An accusing official shall file the disciplinary report with the Shift Supervisor within twenty-four (24) hours of the alleged offense, except in exceptional circumstances when the report shall be filed within two (2) working days of the alleged offense. The exceptional circumstances shall be noted on the report.

506.5 After the Shift Supervisor has received the disciplinary report, the Shift Supervisor shall immediately investigate the alleged offense, summarize the results of that investigation in an investigative report, and take other actions set forth in § 507.

506.6 Any other reports, memoranda, or records concerning an alleged offense may be submitted with or attached to the investigative report; provided, that they shall be treated in accordance with the procedures outlined in this chapter.

History

SOURCE: Final Rulemaking published at 28 DCR 865, 878-79 (February 27, 1981).

28 DCMR § 507 DUTIES OF THE SHIFT SUPERVISOR

507.1 The Shift Supervisor shall review the disciplinary report for clarity and shall ensure that the charges on the report are specific.

507.2 The Shift Supervisor shall decide to do one (1) of the following:

(a) Reprimand and warn the accused resident;

(b) Refer the disciplinary report for an adjustment hearing; or

507.3 If the Shift Supervisor decides to present the report to the Adjustment Board or hearing officer, the resident shall be called out and advised by the Shift Supervisor that a report has been filed against the resident.

507.4 The Shift Supervisor shall read the disciplinary report in its entirety (subject to the limitations set forth in § 507.10 below) to the resident and shall provide the resident an opportunity to make a statement.

507.5 If the alleged offense is one for which the resident may also be subject to criminal prosecution, the Shift Supervisor shall advise the resident of that fact and shall also advise the resident of the following:

(a) That the resident is not required to make a statement; and

(b) That any statement made by the resident may be used against the resident in any subsequent criminal proceeding.

507.6 The Shift Supervisor shall also inform the resident that the resident may be represented by counsel.

507.7 The resident shall also be advised by the Shift Supervisor that any appearance before the Adjustment Board or a hearing officer for a hearing will be solely to determine whether institutional regulations have been violated, and that the Adjustment Board or hearing officer will not decide whether the resident has committed a criminal offense.

507.8 If the resident makes a statement, it shall be recorded in writing and a copy shall be available to the resident upon request. If the resident does not wish to make a statement, the Shift Supervisor shall record in writing that the resident declined to make a statement.

507.9 Within three (3) days after completion of the investigation, the Shift Supervisor shall provide the resident concerned with a copy of the disciplinary report and the Shift Supervisor's investigative report.

507.10 Copies of reports given or read to the resident do not have to include any information which may endanger any resident(s) or other person(s), or cause a riot, other major disturbance, or damage to property.

507.11 The report form shall contain in bold type the following statement:

YOU ARE ENTITLED TO ALL THE PROCEDURAL SAFEGUARDS SET FORTH IN THE BOOKLET ENTITLED "ADMINISTRATIVE PROCEDURES FOR ADJUSTMENT AND HOUSING ACTIONS AND CODE OF OFFENSES." READ IT CAREFULLY.

507.12 The Shift Supervisor shall inform the resident in writing of the resident's hearing date. At the Correctional Complex, this written notice shall be given at least three (3) working days prior to the hearing date.

507.13 The Shift Supervisor shall also inform the resident in writing of the following:

(a) That the resident has the option to be heard by a single hearing officer;

(b) That the resident shall be entitled to call witnesses (subject to the limitations set forth in § 510.1); and

(c) That the resident may select a representative, including an attorney or substitute counsel, to represent the resident at the hearing, but that the representation will not be at the expense of the Department of Corrections.

507.14 If the resident wishes to be represented, the Shift Supervisor or resident shall make arrangements for representation by telephone; provided, that telephone calls shall be limited to the Washington, D.C. Metropolitan Area. These calls shall be recorded in the Attorney Telephone Log Book.

507.15 If the resident desires to be represented by an attorney or substitute counsel but does not have one, the resident shall be given reasonable opportunity to contact any legal service organization approved by the Department of Corrections for that purpose.

507.16 Substitute counsel may be a law student who is a participant in a group which is sanctioned by the Department, a law student who has volunteered and been approved by the Department to be available to act as substitute counsel, a representative of an attorney, or any employee of the Department of Corrections voluntarily chosen by the resident.

History

SOURCE: Final Rulemaking published at 28 DCR 865, 879-81 (February 27, 1981).

28 DCMR § 508 ADJUSTMENT HEARINGS

508.1 A hearing before the Adjustment Board shall be held to determine the guilt or innocence of the resident on the offense(s) charged.

508.2 A hearing may be held, at the option of the resident, before a single hearing officer instead of the Adjustment Board.

508.3 A hearing shall be held within three (3) working days following receipt by the resident of the written report.

508.4 A resident may request one (1) or more continuances of the Adjustment Board hearing. Each continuance may be for three (3) working days.

508.5 The Adjustment Board shall grant a request for a continuance if the resident establishes one (1) of the following:

(a) That the resident's attorney or substitute counsel or any witness would not be available on the day of the hearing; or

(b) That the resident could not properly prepare for the hearing in the time allotted.

508.6 If the resident chooses to appear before a hearing officer instead of an Adjustment Board, the Administrator shall designate that hearing officer.

History

SOURCE: Final Rulemaking published at 28 DCR 865, 881-82 (February 27, 1981).

28 DCMR § 509 ADJUSTMENT BOARD

509.1 The Adjustment Board shall consist of three (3) Department of Corrections officials who are impartial and have not been involved in any way in the offense which caused the proceedings and who have not participated in the investigation of allegations.

509.2 The Administrator shall name the members and shall designate one (1) of the members as the Board Chairperson.

509.3 The members of the Board shall be named to serve for any period deemed appropriate by the Administrator.

509.4 The Administrator may name more than one (1) panel to serve as the Adjustment Board on a rotating basis.

509.5 The Adjustment Board shall meet Monday through Friday, except holidays, when cases are pending for disposition.

509.6 A minimum of two (2) votes shall be required for any determination by the Adjustment Board.

History

SOURCE: Final Rulemaking published at 28 DCR 865, 882 (February 27, 1981).

28 DCMR § 510 WITNESSES AND CROSS-EXAMINATION OF ACCUSERS

510.1 The resident shall be allowed to call at least two (2) witnesses, but any right to call any number over two (2) shall be subject to control by the Adjustment Board.

510.2 If the Board determines that any witness or witnesses whom the resident wishes to call cannot provide relevant testimony, would be unduly repetitious of previous testimony, or should not be called for any other good cause related to the safety of any resident or other person, the Board shall note in the record of the hearing the specific reason for limiting the number of witnesses.

510.3 Counsel or substitute counsel for the resident shall be given an opportunity to meet with potential witnesses at least forty-eight (48) hours before the adjustment hearing; provided, that no potential adverse witness may be compelled to meet with counsel or substitute counsel.

510.4 If any accusing officer or other adverse witness is called by the Board and testifies against the resident, the resident's counsel or substitute counsel shall be allowed to cross-examine the officer or witness.

510.5 Except as provided in § 510.4, no adverse witness may be compelled to testify by the resident or the resident's counsel or substitute counsel.

510.6 If any cross-examination disrupts the proceedings, the Board shall have the right to curtail the cross-examination and shall note that decision in the record of the hearing.

History

SOURCE: Final Rulemaking published at 28 DCR 865, 883 (February 27, 1981).

28 DCMR § 511 HEARING PROCEDURES

511.1 At the adjustment hearing, the report shall be read to the resident, subject to the limitation set forth in § 507.10.

511.2 After the report has been read, the resident or the resident's representative shall be given an opportunity to make an opening statement.

511.3 After the resident's opening statement, if any, the Board may pose questions to the resident or his or her representative; provided, that if a resident is charged with an offense for which the resident may also be subject to criminal prosecution, the resident shall be advised of the following:

(a) That the resident is not required to make a statement; and

(b) That any statement made may be used against the resident in a subsequent criminal prosecution.

511.4 If a resident is charged with an offense for which the resident may also be subject to criminal prosecution, the Board may pose questions to the resident or the resident's representative only after the Board is satisfied that the resident knowingly and voluntarily wished to make a statement.

511.5 A record of the hearing shall be made and preserved. The record shall be made by tape recording; provided, that if tape recording is impossible, the record shall be made by reasonably detailed minutes.

511.6 The record shall be preserved for at least two (2) months after all administrative review is completed.

511.7 If the resident wishes to appeal, the resident (or his or her counselor substitute counsel) may listen to the tape or read the minutes.

History

SOURCE: Final Rulemaking published at 28 DCR 865, 883-84 (February 27, 1981).

28 DCMR § 512 POST-HEARING DELIBERATION AND DECISION

512.1 After hearing all the evidence in a particular case, the Board shall deliberate as to the guilt or innocence of the resident.

512.2 The decision of the Board as to the guilt or innocence of the resident shall be based only on matters presented at the hearing.

512.3 While conducting the hearing and during deliberations, the Board shall not examine the prison jacket or prior disciplinary record of the resident.

512.4 The contents of the prison jacket shall be used only if the resident is found guilty, and then only as an aid in determining the appropriate corrective action to be imposed.

512.5 The Board shall inform the resident orally immediately after deliberation of its finding as to guilt or innocence, and shall afford the resident (or the resident's counsel or substitute counsel) an opportunity to present a statement regarding an appropriate corrective action.

512.6 The resident shall be notified orally immediately after further deliberation of the corrective action to be imposed.

512.7 The Board shall issue a decision in writing stating its findings as to the resident's involvement, the factual information upon which the finding is based, and, if the resident has been found guilty, the penalty to be imposed and notice of the resident's right to appeal under § 513.

512.8 If the decision of the Board is not unanimous, this fact shall also be recorded.

512.9 The decision shall be signed by all Board members, or, if appropriate, by the hearing officer.

512.10 The resident shall receive a copy of the written decision within three (3) working days of the hearing.

History

SOURCE: Final Rulemaking published at 28 DCR 865, 884-85 (February 27, 1981).

28 DCMR § 513 REVIEW AND APPEAL

513.1 The Administrator (or the Administrator's designee) shall review all decisions rendered by the Adjustment Board or by hearing officers.

513.2 Upon any review or appeal under this section, the decision shall be based upon a reasonable assessment of the evidence presented.

513.3 Upon review, the Administrator may take any of the following actions:

(a) Vacate a finding of guilty and all punishment imposed;

(b) Reduce the punishment imposed; or

513.4 No remand shall be made for the purpose of increasing the severity of the punishment imposed by the Board or hearing officer.

513.5 If the resident was found not guilty at the hearing, the Administrator may remand the case for further proceedings only if the Administrator determines that the Adjustment Board or hearing officer did any of the following:

(a) Failed or refused to have a witness testify when the Board or hearing officer knew that the witness had relevant evidence at the time of the hearing; or

(b) Failed to consider relevant documentary evidence at the time of the hearing which was not made part of the record due to administrative or procedural error.

513.6 If the resident was found not guilty at the hearing, the Administrator may not remand the case for further proceedings on either of the following grounds:

(a) That the Administrator disagrees with the findings of the Board or hearing officer concerning the credibility of a witness; or

(b) That the Administrator disagrees with the weight given to the testimony of a witness by the Board or hearing officer.

513.7 The Administrator shall complete the review within three (3) working days of receiving the written decision and shall promptly notify the resident of the completion of the review.

513.8 If a resident has been found guilty by the Board after a remand in accordance with the provisions of § 513.5, the resident shall have the right to appeal that determination of guilt to the Superintendent.

513.9 A resident may file an appeal within three (3) working days of receiving the decision of the Board or hearing officer by submitting to the Administrator a statement in writing concerning any of the following:

(a) The procedures followed by the Board or hearing officer;

(b) The weight of the evidence against the resident; or

513.10 The Administrator shall decide the appeal within three (3) working days of receiving the written statement and shall promptly notify the resident of the decision on appeal.

513.11 In deciding the case on appeal, the Administrator may take any of the following actions:

(a) Vacate a finding of guilt and all punishments imposed;

(b) Reduce the punishment imposed; or

513.12 If there is a remand on appeal, the Board or hearing officer shall not impose a more severe punishment than was imposed at the original hearing.

513.13 No punishment may be imposed pending appeal; provided, that a resident whose punishment is transfer to more restrictive custody may be placed in administrative segregation pending decision on appeal.

History

SOURCE: Final Rulemaking published at 28 DCR 865, 885-87 (February 27, 1981).

28 DCMR § 514 RECORDS

514.1 If a resident is found guilty (after all review and appeals), all reports, documents, and proceedings shall be placed in the resident’s record.

514.2 If a resident is found not guilty, all reports, documents, and proceedings concerning the alleged offense shall be destroyed or maintained in a file separate from the resident's prison jacket.

514.3 If a separate file is maintained, it shall not be made available to the Parole Board, to any other agency, or to any individual who is not employed by the Department of Corrections.

History

SOURCE: Final Rulemaking published at 28 DCR 865, 887 (February 27, 1981).

28 DCMR § 515 ADJUSTMENT OPTIONS

515.1 After the Adjustment Board or hearing officer has found a resident guilty of an offense contained in the Code of Offenses, it shall have the following options:

(a) Imposition of any penalty provided in § 505 for a violation of the Code provision in question, and suspension of any privilege for a period not to exceed thirty (30) days; or

(b) Imposition of extra duty assignments instead of more severe action.

515.2 The Board or hearing officer may suspend the imposition of a penalty.

515.3 If a resident is found guilty of a new infraction within the time limit of a previously suspended penalty, the Board or hearing officer shall impose the conditions of the suspended penalty, which shall run consecutively with any penalty imposed as a result of the current infraction.

515.4 The imposition of a suspended penalty may be modified at the discretion of the Administrator.

515.5 A suspended penalty shall not be invoked if the resident is found not guilty of a new charge.

515.6 Penalties imposed by the Board or a hearing officer shall be subject to modification by the Administrator.

History

SOURCE: Final Rulemaking published at 28 DCR 865, 887-88 (February 27, 1981).

28 DCMR § 516 FORFEITURE OF INSTITUTIONAL GOOD TIME CREDITS

516.1 If the corrective action imposed by the Board or hearing officer includes forfeiture of institutional good time credits, the resident's record, including the disciplinary report and the Board's decision, shall be forwarded to the Director through the appropriate chain-of-command for decision.

516.2 Within five (5) working days after notice of the Board's decision concerning forfeiture of institutional good time credits is given to the resident, the resident may appeal that decision to the Director by filing an appeal form which shall be provided along with the notice of the Board's decision.

516.3 Within five (5) working days of receipt of the appeal, the Director shall affirm or modify the decision to forfeit institutional good time credits.

516.4 Within two (2) weeks, a written notice of the Director's decision shall be given to the resident.

516.5 A resident may appeal the Director's decision to the Institutional Appeals Board, in accordance with §§ 607 and 608 of chapter 6 of this title.

History

SOURCE: Final Rulemaking published at 28 DCR 865, 888 (February 27, 1981).

28 DCMR § 517 RIOT PROCEDURES

517.1 In the event of a riot, the Administrator or higher ranking official within the chain-of-command may order immediate detention of any resident for a period of up to forty-eight (48) hours.

517.2 Continued detention shall be authorized in writing by the Administrator or higher ranking official within the chain-of-command.

517.3 Upon restoration of order, the normal disciplinary procedures shall be reinstated within a reasonable time. All residents who were detained under the riot provisions shall appear before the Adjustment Board or Hearing Officer in accordance with the procedures set forth in this chapter, or shall be returned to the area in the prison where they were assigned prior to detention.

History

SOURCE: Final Rulemaking published at 28 DCR 865, 888-89 (February 27, 1981).

28 DCMR § 518 [RESERVED]

28 DCMR § 519 [RESERVED]

28 DCMR § 520 HOUSING ACTIONS: GENERAL POLICIES

520.1 The provisions of §§ 520 through 531 of this chapter shall govern the following housing actions:

(a) Administrative segregation;

(b) Involuntary protective custody; and

520.2 A resident who has been found to pose a clear and present danger to the safety of others shall be subject to placement in administrative segregation.

520.3 A resident who is found to be a definite escape risk shall be subject to administrative segregation.

520.4 A resident who is found to be in danger from a clear and present threat to the resident's safety shall be subject to placement in involuntary protective custody.

520.5 A resident may request placement in voluntary protective custody.

520.6 If a housing action initiated against a resident arises out of the same circumstances as an adjustment action being taken against the resident or is related to the adjustment being taken against the resident, the adjustment and housing hearings required by this chapter shall be consolidated to allow the resident to be represented by the same counsel at both hearings.

520.7 Whenever a Class I (serious) offense, as set forth in § 502, is alleged to have been committed, the appropriate federal, state, or local law enforcement agency shall be notified.

520.8 A resident whose case is referred to a law enforcement authority shall be considered to need placement in involuntary protective custody.

History

SOURCE: Final Rulemaking published at 28 DCR 865, 889-90 (February 27, 1981).

28 DCMR § 521 ADMINISTRATIVE SEGREGATION AND PROTECTIVE CUSTODY

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

521.2 Administrative 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.

521.3 Administrative 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.

521.4 Before 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

521.5 In 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.

521.6 A 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.

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

521.8 A 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.

521.9 The 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;

(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.

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

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

521.12 If 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.

History

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

28 DCMR § 522 HOUSING BOARD

522.1 A 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.

522.2 No 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.

522.3 The 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.

522.4 In 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;

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

522.5 In 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;

(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.

522.6 In 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.

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

522.8 Relevant 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.

History

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

28 DCMR § 523 NOTICE PRIOR TO HEARING

523.1 A resident shall receive written notice that the resident has been scheduled for a hearing before a Housing Board at least three (3) working days prior to the date of the hearing.

523.2 The notice shall inform the resident of the date, time, and place of the hearing.

523.3 The notice shall also specify for which of the following purposes the hearing is being held:

(a) To determine whether the resident is in need of protection;

(b) To determine whether the resident should be separated from identifiable victims, witnesses, or correctional staff; or

523.4 The notice shall also inform the resident of the right to obtain counsel.

523.5 The notice shall also inform the resident of the right to call witnesses and present documentary evidence and the right to confront and cross-examine adverse witnesses, subject to limitations imposed by the Housing Board.

523.6 The notice shall also inform the resident of the following:

(a) That the resident may be subject to criminal prosecution;

(b) That the resident has the right to remain silent, but that the resident's silence may be used against the resident at the Housing Hearing; and

(c) That the resident is entitled to testify at the Housing Hearing, but that any testimony which is given may be used against the resident in future Housing Hearings, Adjustment Hearings, or criminal prosecutions.

History

SOURCE: Final Rulemaking published at 28 DCR 865, 894 (February 27, 1981).

28 DCMR § 524 PRE-HEARING RIGHTS OF RESIDENTS

524.1 A resident may request one (1) or more continuances of the Housing Board hearing. Each continuance shall be for three (3) work days.

524.2 The Board administrators shall grant a request for a continuance if the resident establishes one (1) of the following:

(a) That the resident's attorney, substitute counsel, or any witness would not be available on the day of the hearing; or

(b) That the resident could not properly prepare for the hearing in the time allotted.

524.3 A resident shall be entitled to be represented by counsel or substitute counsel at the Housing Hearing.

524.4 If the resident chooses to be represented, the resident shall be given reasonable opportunity to obtain a lawyer or a law student to represent the resident at the Housing Hearing.

524.5 Counsel shall not be provided at the expense of the Department of Corrections.

History

SOURCE: Final Rulemaking published at 28 DCR 865, 895 (February 27, 1981).

28 DCMR § 525 CONDUCT OF HOUSING HEARINGS

525.1 At the housing hearing, the Board shall read the written notice to the resident. The Department of Corrections shall then present its evidence.

525.2 After the Department has presented its evidence, the resident shall be allowed to present witnesses and other evidence, subject to the limitations set forth in this section.

525.3 The resident shall be allowed to call at least two (2) witnesses, but any right to call any number over two (2) shall be subject to control by the Adjustment Board.

525.4 If the Board determines that any witness or witnesses whom the resident wishes to call cannot provide relevant testimony, would be unduly repetitious of previous testimony, or should not be called for any other good cause related to the safety of any resident or other person, the Board shall note in the record of the hearing the specific reason for limiting the number of witnesses.

525.5 If the Board determines that a threat to the safety of specific witnesses would be posed by having the resident confront those witnesses, the witness may be questioned by an appropriate Department official without the accused being present. The results of that examination shall be considered part of the evidence, and a summary of the testimony shall be contained in a confidential report to the Administrator.

525.6 A record of the hearing shall be made and preserved. The record shall be made by tape recording; provided, that if tape recording is impossible, the record shall be made by reasonably detailed minutes.

525.7 If minutes are maintained, they shall be made available to the resident or his counsel upon request.

History

SOURCE: Final Rulemaking published at 28 DCR 865, 895-96 (February 27, 1981).

28 DCMR § 526 HEARING BOARD DETERMINATIONS

526.1 If, after a hearing, the Board determines that the resident should be placed in segregation, the Board shall prepare, within three (3) working days of the hearing, a written statement containing the Board's decision and the factual information upon which the decision is based.

526.2 Except as provided in § 526.3, a copy of the entire written statement shall be furnished to the resident and the resident's representative within two (2) working days of its preparation.

526.3 If disclosing the name of any individual or any of the evidence on which the Board relied in making its determination would, in the Board's judgment, pose a threat to the safety of any resident or other person, or cause a riot or other major disturbance or damage to property, the Board shall include that determination in the written statement.

526.4 The Board may delete material designated under § 526.3 from the copy of the written statement given to the resident and the resident's counsel or substitute counsel. The Board shall specifically describe in the written statement the nature of information deleted (for example, "telephone call from anonymous informant," "testimony of eyewitness," or other similar designation).

526.5 If the Board makes any deletions, it shall transmit to the Administrator of the institution a copy of the entire record before the Board, including the entire written statement. This copy of the record shall be retained by the Administrator for a period of at least two (2) years from the date of the hearing.

History

SOURCE: Final Rulemaking published at 28 DCR 865, 896-97 (February 27, 1981).

28 DCMR § 527 THIRTY-DAY REVIEWS

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

527.2 At 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.

527.3 In 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.

527.4 The 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.

527.5 At 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.

527.6 If 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.

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

527.8 If 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.

History

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

28 DCMR § 528 RIGHT TO REQUEST REVIEW

528.1 While a resident is in segregation, he or she may submit, in writing, not more than once in every thirty-day period, a request to the Board that it review the resident's status.

528.2 The resident shall specify in that request evidence or circumstances which the resident believes would justify a change in the resident's housing status.

528.3 The Board shall have five (5) days after receipt of the request to respond to the resident by either granting or denying the request for review.

528.4 If the request is denied, the resident shall have a right to make the same request to the Administrator within three (3) days of the denial.

History

SOURCE: Final Rulemaking published at 28 DCR 865, 898 (February 27, 1981).

28 DCMR § 529 APPEAL

529.1 A resident shall be entitled to appeal a decision of the Housing Board to the Administrator.

529.2 The resident shall file a Notice of Appeal with the Administrator within three (3) working days of receipt of the Housing Board's decision, or at any later time that the Administrator, in his or her discretion, allows.

529.3 The Notice of Appeal shall set forth the reasons why the resident feels the Housing Board's decision should be reversed.

529.4 The Administrator shall complete the review on appeal within three (3) working days after receiving the written statement, and shall promptly notify the resident in writing of the decision on appeal.

529.5 Notwithstanding a filing of a Notice of Appeal, a resident may be confined in administrative segregation immediately following a decision by the Housing Board.

History

SOURCE: Final Rulemaking published at 28 DCR 865, 898 (February 27, 1981).

28 DCMR § 530 SEGREGATION PENDING LAW ENFORCEMENT AGENCY INVESTIGATIONS

530.1 When a resident is confined in segregation pending investigation for possible criminal prosecution, the Administrator (or his or her designee) shall maintain contact with the law enforcement agency handling the investigation.

530.2 The resident shall be notified every fifteen (15) days of the agency's report of the progress of the investigation.

530.3 Upon notification by the investigating law enforcement agency that no criminal prosecution will be initiated against the resident, the resident shall be released from segregation unless, within three (3) working days of receipt of that notification, the Board determines, after a housing hearing held in accordance with the provisions of this chapter, that the resident is in danger from a threat to the resident's personal safety, poses a danger to the safety of others, or is a definite escape risk.

History

SOURCE: Final Rulemaking published at 28 DCR 865, 899 (February 27, 1981).

28 DCMR § 531 ADMINISTRATIVE SEGREGATION PRIOR TO A HEARING

531.1 Administrative 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.

531.2 The 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.

531.3 In 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;

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

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

531.5 If 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.

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

531.7 The 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.

531.8 If 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.

531.9 In 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;

(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.

531.10 If 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.

531.11 Except 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.

531.12 The 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.

531.13 If 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.

History

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

28 DCMR § 532 CENTRAL DETENTION FACILITY INMATE HOUSING

532.1 Except where exigent circumstances occur, the maximum number of inmates to be housed at any one time in the Central Detention Facility is capped at 2,164 inmates.

532.2 Exigent circumstances, include, but are not limited to, mechanical failures or natural disasters.

532.3 Whenever exigent circumstances occur and cause the District to exceed the inmate cap set in § 532.1, the District will provide prompt written notice to plaintiffs' counsel of record in Anderson, et al., v. Fenty, et al., Superior Court of the District of Columbia case number 2005 CA 005030 B, of the circumstances necessitating the temporary suspension of the cap, and the anticipated time the District believes it will be necessary to exceed the cap.

History

SOURCE: Final Rulemaking published at 28 DCR 865, 899-901 (February 27, 1981); as amended by Notice of Final Rulemaking published at 55 DCR 492(January 18, 2008).

28 DCMR § 533 WORK RELEASE

533.1 The work release program administered by the Department of Corrections shall consist of confinement of inmates in either Community Correctional Centers with or without electronic monitoring or in private residences with electronic monitoring.

533.2 The Director of the Department of Corrections shall state in writing the terms and conditions under which a person granted work release privileges may be released from actual custody at the place of confinement during the time necessary to proceed to the person’s place of employment or other authorized places, perform specified activities, and return to a place of confinement designated by the Director of the Department of Corrections.

533.3 In order to be eligible for work release, inmates must pass a medical clearance and have no other pending commitments, writs, holds, detainers or warrants.

533.4 For purposes of this chapter, the following terms shall have the meaning ascribed:

“Community Correctional Centers” – Residential facilities where inmates are placed to begin the process of reintegration into society and that allow work release and return to detention while still providing security, monitoring, and support.

“Electronic Monitoring” – Use of an ankle bracelet transmitter tracking (Global Positioning System – GPS) device to account for the location of an individual at all times, for the purpose of verifying compliance with all terms of the individual’s work release privileges including arrival at and departure from authorized locations and activities, and all other program requirements.

History

SOURCE: Final Rulemaking published at 62 DCR 9777 (July 17, 2015). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 533

28-6 GOOD TIME CREDITS

28 DCMR § 600 APPLICABILITY

600.1 This chapter shall apply to every resident of a District of Columbia correction institution who is serving a sentence for a misdemeanor pursuant to section 3b of An Act To establish a Board of Indeterminate Sentence and Parole for the District of Columbia and to determine its functions, and for other purposes, approved July 15, 1932 (47 Stat. 697; D.C. Official Code § 24-403.02). This chapter shall not apply to those sentenced to imprisonment for a felony pursuant to section 3 or section 3a of An Act To establish a Board of Indeterminate Sentence and Parole for the District of Columbia and to determine its function, and for other purposes, approved July 15, 1932 (47 Stat. 697; D.C. Official Code §§ 24-403 and 24-403.01).

History

SOURCE: Final Rulemaking published at 35 DCR 1077 (February 19, 1988); amended by District of Columbia Good Time Credits Amendment Act of 2010, effective May 17, 2011 (D.C. Law 18-372), published at 58 DCR 7 (January 7, 2011).

28 DCMR § 601 LIMITATIONS ON CREDITS

601.1 Good time credit shall not apply to a sentence of civil contempt.

601.2 An inmate shall not earn more than ten (10) good time credits per calendar month under this chapter.

History

SOURCE: Final Rulemaking published at 35 DCR 1077 (February 19, 1988); as amended by District of Columbia Good Time Credits Amendment Act of 2010, effective May 17, 2011 (D.C. Law 18-372; 58 DCR 7 (January 7, 2011)); as amended by Final Rulemaking published at 64 DCR 3145 (March 31, 2017). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 601

28 DCMR § 602 PURPOSE AND SCOPE OF GOOD TIME CREDITS

The Department of Corrections may award good time credits for good behavior and for successful participation in rehabilitative programs, work details, and special projects for the period of time in custody prior to or after sentencing. Such credits shall be applied only after sentencing pursuant to D.C. Official Code § 24-403.02. Good time credits for good behavior, successful participation in rehabilitative programs, work details, and special projects provide inmates with an incentive to maintain good behavior and enroll in institutional programs for purposes of self-development or rehabilitative objectives. The good time credits for good behavior are revoked when inmates engage in disciplinary violations, but can be restored. The good time credits for successful participation in rehabilitative programs, work details, and special projects vest once utilized and thereafter cannot be revoked.

History

SOURCE: Final Rulemaking published at 35 DCR 1077 (February 19, 1988); amended by District of Columbia Good Time Credits Amendment Act of 2010, effective May 17, 2011 (D.C. Law 18-372), published at 58 DCR 7 (January 7, 2011).

28 DCMR § 603 APPLICABILITY OF GOOD TIME CREDITS

603.01 Each inmate committed to the Department of Corrections who is sentenced for a misdemeanor pursuant to D.C. Official Code § 24-403.02 may be eligible for credits to be applied to his or her sentence pursuant to the District of Columbia Good Time Credits Act of 1986, effective April 11, 1987 (D.C. Law 6-128; D.C. Official Code § 24-221.01 et seq.), in one or more of the following categories:

(a) Good behavior;

(b) Rehabilitative programs;

(d) Special projects.

603.02 Credit shall be calculated from the first day of incarceration but does not accrue before the 20th day of incarceration. The credit shall be calculated regardless of whether the inmate is pre-trial, pre-sentence, or sentenced. One credit is equal to a full day of reduction in a sentence. Except in the case of good behavior credit awarded pursuant to section 603.04, all credits shall accrue each calendar month for successful participation in rehabilitative programs, work details, and special projects, in the following manner:

(a) If participation in the program, detail, or project last twenty (20) days or less: one credit;

(b) If participation in the program, detail, or project lasts more than twenty (20) days, but less than twenty-six (26) days: two (2) credits; and

603.03 After an inmate has been released, either to probation or by the expiration of his or her sentence, good time credits awarded during the period of incarceration are of no further effect and shall not be used to shorten the period of probation, to shorten the period of incarceration which the inmate may be required to serve for violation of probation, or to shorten any subsequent sentence.

603.04 Good behavior credit.

(a) An inmate shall be awarded good behavior credit at the inception of his or her incarceration for anticipated future good behavior and institutional adjustment that will result in the automatic reduction of the inmate’s term of commitment unless all or part of such credits are revoked pursuant to section 604.

(b) The reduction described in paragraph (a) of this subsection shall be calculated from the first date of commitment at a rate of three (3) days for each full calendar month during the inmate’s commitment or, if the inmate is committed for less than a full calendar month, at a rate of one day for each 10-day period within a calendar month in which an inmate is committed.

(c) An inmate shall not receive credit under this subsection for any 10-day period during which the inmate is not incarcerated, including a period where the inmate’s sentence is stayed or the inmate has escaped.

(d) The amount of good behavior credit is subject to disciplinary revocation under section 604.

603.5 Rehabilitative programs credit

(a) An inmate shall be eligible for a good time credit deduction from the inmate’s term of commitment for successful participation in one or more self-improvement programs.

(b) The deduction described in paragraph (a) of this subsection shall be calculated from the first day the inmate demonstrates successful participation in the program using the formula set forth in section 603.04(b).

603.6 Work detail credit

(a) An inmate shall be eligible for a good time credit deduction from the inmate’s term of commitment for demonstrating successful participation of assigned work tasks.

(b) The deduction described in paragraph (a) of this subsection shall be calculated from the first date of assignment and continue through termination from detail assignment or release from custody using the formula set forth in section 603.04(b).

603.07 Special projects credit

(a) An inmate shall be eligible for a good time credit deduction from the inmate’s term of commitment for demonstrating successful participation in a designated non-recurring special project.

(b) The deduction described in paragraph (a) of this subsection shall be calculated from the first date of assignment and continue through the completion of the assignment or as long as the inmate is committed to the Department of Corrections, whichever is shorter, using the formula set forth in section 603.04(b).

History

SOURCE: Final Rulemaking published at 35 DCR 1077 (February 19, 1988); amended by District of Columbia Good Time Credits Amendment Act of 2010, effective May 17, 2011 (D.C. Law 18-372), published at 58 DCR 7 (January 7, 2011).

28 DCMR § 604 DISCIPLINARY REVOCATION OF GOOD TIME CREDIT

604.01 Except as provided in section 604.03, good behavior may be revoked as the result of a disciplinary violation imposed by the Department of Corrections pursuant to the procedures set forth in the Department of Corrections Policy on Inmate Discipline and Administrative Housing.

604.02 The Department of Corrections Disciplinary Board, in its sole discretion, may revoke good behavior credits in accordance with the following if an inmate is found guilty of one or more Class I, Class II, or Class III offenses:

(a) Class I Offenses: up to one hundred percent (100%) of credits may be revoked.

(b) Class II Offenses: up to fifty (50%) of credits may be revoked.

604.03 Good time credits for successful participation in rehabilitative programs, work detail, and special projects, once awarded, shall be revoked.

604.04 Good behavior credit revoked under this section may be restored under section 605.

History

SOURCE: Final Rulemaking published at 35 DCR 1077 (February 19, 1988); amended by District of Columbia Good Time Credits Amendment Act of 2010, effective May 17, 2011 (D.C. Law 18-372), published at 58 DCR 7 (January 7, 2011).

28 DCMR § 605 RESTORATION OF REVOKED GOOD BEHAVIOR CREDIT

605.01 An inmate may submit an application for the restoration of good behavior credit revoked under section 604.

605.02 Application for restoration of good behavior credit shall be made to the Warden, who shall consider the following factors when making a recommendation:

(a) The severity of and circumstances of the disciplinary violation that resulted in revocation;

(b) The inmate’s disciplinary record during his or her current incarceration;

(d) The inmate’s demonstrated positive adjustment since the violation and revocation occurred.

605.03 Good behavior credits may be restored to the inmate at the following rate:

(a) Up to fifty percent (50%) of the total credit revoked if the inmate has been free of any subsequent disciplinary violations for six (6) months; or

(b) Up to one hundred percent (100%) of the revoked credit if the inmate has been free of disciplinary violations for twelve (12) months.

605.04 An inmate has no entitlement to approval of restoration of revoked credits.

605.05 An inmate may appeal the Warden’s decision under this section of the Director of the Department of Corrections by submitting a letter to the Director.

History

SOURCE: Final Rulemaking published at 35 DCR 1077 (February 19, 1988); amended by District of Columbia Good Time Credits Amendment Act of 2010, effective May 17, 2011 (D.C. Law 18-372), published at 58 DCR 7 (January 7, 2011).

28 DCMR § 606 RECORDS MANAGEMENT OF GOOD TIME CREDITS

606.01 The Director shall maintain a system for administering good time credits for each inmate.

606.02 The record of good time credits shall:

(a) Start from the first date the inmate is committed to the Department of Corrections;

(b) Contain entries reflecting good time credits granted, revoked, or restored; and

606.03 The Director shall ensure that staff responsible for maintaining a record of good time credit are notified within five (5) days after:

(a) The date on which an inmate is assigned to, completes, or is subsequently removed from a rehabilitative program, a work detail, or a special project:

(b) Revocation of an inmate’s good behavior credit; and

History

SOURCE: Final Rulemaking published at 35 DCR 1077 (February 19, 1988); amended by District of Columbia Good Time Credits Amendment Act of 2010, effective May 17, 2011 (D.C. Law 18-372), published at 58 DCR 7 (January 7, 2011).

28 DCMR § 699 DEFINITIONS

For purposes of this chapter, the following terms shall have the meaning ascribed:

“Department of Corrections facility” – means a facility that houses an inmate committed to the District of Columbia Department of Corrections.

“Disciplinary violation” – means a guilty finding pursuant to the Department of Corrections Policy on Inmate Discipline and Administrative Housing for any institutional Class I, II, and III offenses as defined in Chapter 5 of this title.

“Disciplinary Board” – means a Board established pursuant to the Department of Corrections Policy on Inmate Discipline and Administrative Housing that conducts hearings, makes findings, and imposes appropriate sanctions for incidents of inmate disciplinary violations.

“Expiration of the sentence” – means that an inmate’s sentence has expired, requiring the release from incarceration without further supervision of an inmate because he or she:

Has served the maximum term of commitment; or

Has served the maximum term of commitment less the diminution credits awarded pursuant to the District of Columbia Good Time Credits Act of 1986, effective April 11, 1987 (D.C. Law 6-218; D.C. Official Code § 24-221.01 et seq.).

“Good time credit” – means either good behavior credit pursuant to section 603.4 or other credit or pursuant to sections 603.5, 603.6, or 603.7 earned as a result of successful participation in rehabilitative programs, work details, and special projects.

“Incarceration” – means residence resulting from pretrial or presentence detention, a sentence, or detention pending a hearing on revocation of probation or release in the Central Detention Facility, Correctional Treatment Facility, or another secure facility under contract to the District of Columba Department of Corrections.

“Rehabilitative program” – means a program providing opportunities for self improvement, including treatment, academic, or vocational programs.

“Special project” – means a designated, non-recurring project.

“Successful participation” means active and constructive participation and includes satisfactory attendance and compliance with any rehabilitative program, work detail, or special project.

“Term of commitment” – means the period of an inmate’s current incarceration. The term “term of commitment” includes the following:

A single sentence;

A combination of concurrent sentences (a concurrent sentence is two (2) or more sentences that run simultaneously), in which case the term of commitment is the period of commitment between the earliest starting date of those sentences and the latest expiration date of those sentences;

A combination of consecutive sentences (a consecutive sentence is two (2) or more sentences following one after the other in uninterrupted succession), in which case the term of commitment is the period of commitment between the starting date of the first consecutive sentence and the expiration of the last consecutive sentence;

A combination of concurrent and consecutive sentences in which case the term of commitment is the period of commitment between the earliest starting date of the sentences and the last expiration date of the sentences;

A combination of sentences imposed before and after release on parole or probation and the probation or parole is revoked, in which case the term of commitment is the period of commitment between the earliest starting date of the sentences and the latest expiration date of the sentences, excluding time out of custody for which credit is not allowed.

“Work detail” – means assignment to a recurring task pursuant to an institutional work program.

History

SOURCE: District of Columbia Good Time Credits Amendment Act of 2010, effective May 17, 2011 (D.C. Law 18-372), published at 58 DCR 7 (January 7, 2011).

28-7 COMMUNITY CORRECTIONAL CENTER DISCIPLINARY PROCEDURES

28 DCMR § 700 STATEMENT OF PURPOSE

700.1 The purpose of this chapter is to establish standards of conduct and discipline for persons release pursuant to D.C. Official Code § 23-1321(c)(1)(B)(ix) (2001) and ordered by a judicial officer to be housed in Community Correctional Centers (CCC). These rules establish sanctions, up to and including revocation of release and detention, for violations of CCC rules, policies and procedures. Conditional release under D.C. Official Code § 23-1321(c)(1)(B)(ix) is a pretrial release option for those defendants ordered by a judicial officer to return to custody for specified hours following release for employment, schooling or other limited purposes.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is section 2(d)(3) of D.C. Law 13-310, the "Bail Reform Act of 2000," effective January 16, 2001.
SOURCE: Final Rulemaking published at 49 DCR 4558 (May 17, 2002).

28 DCMR § 701 DEFENDANT ORIENTATION

701.1 Within one (1) business day of their arrival at an assigned CCC, a newly assigned defendant shall participate in an orientation program.

701.2 Within this same period CCC staff shall endeavor to confirm the defendant's employment and/or training status.

701.3 During the orientation program, all defendants shall be advised of CCC regulations, and shall receive and sign for a printed copy.

701.4 All persons housed in a CCC facility at the time that these regulations take effect shall receive and sign for a copy of these regulations.

701.5 All CCC defendants shall be required to participate in the orientation program prior to being released unless they have been ordered by a judicial officer to be immediately released into the community.

History

SOURCE: Final Rulemaking published at 49 DCR 4558 (May 17, 2002).

28 DCMR § 702 CODE OF INFRACTIONS

702.1 Class I Infractions constitute misconduct that violates the law or otherwise jeopardizes the safe and secure operation of the CCC.

702.2 Any CCC defendant charged with one (1) or more Class I Infractions shall be immediately remanded to the CDF pending judicial intervention and review.

702.3 An affidavit stating the basis for the defendant's remand shall be prepared and filed by the CCC staff with the appropriate judicial officer within twenty-four (24) hours (excluding weekends and holidays) along with a request for the removal of the defendant from the work release program.

702.4 Copies of all affidavits shall be submitted by the CCC staff to the Pretrial Services Agency and the Criminal Justice Act (CJA) Office for forwarding to defense counsel and the U.S. Attorney's Office.

702.5 The following are Class I Infractions:

(a) Abscondance. Abscondance is the failure of a pretrial CCC defendant, conditionally released pursuant to D.C. Official Code § 23-1321(c)(1)(B)(xi), to return to his/her assigned CCC after authorized release into the community, or who leaves the CCC without authorization. The failure to return after an authorized release or an unauthorized absence is a violation of the conditions of release and may result in a prosecution for contempt of court pursuant to D.C. Official Code § 23-1329, or escape under D.C. Official Code § 22-2601.

(b) Arrest on an escape warrant or a voluntary return to a CCC after an escape warrant has been issued.

(c) Conduct that constitutes the basis for a new felony or misdemeanor charge (including new charges or conduct that is observed by the CCC staff and is referred for prosecution). Criminal conduct that occurs in a CCC may be referred to the Metropolitan Police Department (MPD), which has statutory authority to arrest, and the matter may be forwarded two the U.S. Attorney's Office for prosecution.

(d) Threatening another person within the CCC with bodily harm or with any offense against his/her person or family.

(e) Assaulting another person, fighting, or interfering with CCC security.

(f) Possession, manufacture, or introduction into the CCC of a pistol, firearm, imitation pistol or firearm, other weapons, sharpened instruments capable of being used as a weapon, knife, dangerous chemicals, explosives, ammunition, or any tool that can be used as a weapon capable of inflicting serious bodily harm to others.

(g) Intentional destruction of any property within the CCC.

(h) Possession, manufacture, introduction or use in the CCC of any narcotic, marijuana, intoxicant, medication, drug or drug related paraphernalia not prescribed for the defendant by a doctor and/or authorized medical staff.

(i) Engaging in sexual acts with others in the CCC or on the CCC premises.

(j) Second or subsequent Class II Infractions may result in a Class I violation.

(k) If a defendant charged with a Class II Infraction is reasonably believed to present a high risk of danger to self or others, or presents a risk of flight, that defendant may be temporarily remanded to the CDF. The CCC Administrator/Director or designee must approve any such temporary remand to the CDF. An affidavit stating the basis for the defendant's remand, and request that the defendant be brought before the court without unnecessary delay, shall be prepared by the CCC Administrator/Director or designee and filed within twenty-four (24) hours (excluding holidays and weekends) of the defendant's remand to the CDF.

702.6 Class II Infractions constitute misconduct that jeopardizes the security and/or orderly operation of the CCC. The CCC Disciplinary Team is empowered to impose appropriate administrative sanctions when a charged Class II Infraction is sustained. The conduct listed below constitutes infractions under this section:

(a) Smoking where prohibited.

(b) Possession of materials to manufacture alcoholic beverages.

(d) Gambling, conducting a gambling operation or possession of gambling paraphernalia, including betting pools, illegal lotteries, or other games of chance.

(e) Refusal to obey an order from CCC staff.

(f) Using abusive, threatening or obscene language to any staff person.

(g) Failure to report a new arrest.

(h) Being in an unauthorized area without permission from a CCC staff person.

(i) Wearing or possessing a disguise or mask.

(j) Indecent exposure.

(k) Signing in or out of the CCC under false pretenses.

(l) Failure on the part of any defendant to abide by a mutually agreed upon program contract (e.g., drug program, education program or work schedule).

(m) Failure to pay subsistence fees to the CCC.

(n) Disruption of CCC operations.

(o) Testing positive for drugs or alcohol.

(p) Conspiracy to commit any misconduct listed as a Class II Infraction.

702.7 Class III Infractions constitute misconduct that does not jeopardize the security, safety or orderly operation of the CCC, but could be considered as offensive or inappropriate. Class III Infractions are generally violations of rules, regulations or policies that are not specifically listed, or are not the equivalent of Class I or Class II Infractions, but are guidelines for appropriate behavior. For example, lying to a CCC staff person is a Class III Infraction. Class III Infractions are the least severe infractions. The CCC Disciplinary Team is empowered to impose administrative sanctions when a charged Class III Infraction is sustained.

History

SOURCE: Final Rulemaking published at 49 DCR 4558, 4559-61 (May 17, 2002).

28 DCMR § 703 PRE-HEARING PROCEDURES

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

703.2 Within 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.

703.3 Copies 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.

703.4 Upon 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.

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

703.6 If 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.

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

703.8 Any 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.

703.9 Each 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;

(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.

703.10 A 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.

703.11 In 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.

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

703.13 A 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.

703.14 In 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.

703.15 If 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.

703.16 When 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.

703.17 The 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.

703.18 Any 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.

703.19 Items 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.

703.20 To 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.

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

703.22 The 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.

703.23 The 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.

History

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

28 DCMR § 704 DISCIPLINARY HEARING PROCEDURES

704.1 The Shift Supervisor, following receipt and review of a disciplinary report, shall complete a Notice of Hearing Form. Along with the Notice of Hearing Form, the subject defendant must be provided a copy of the disciplinary report, with any attachments, at least twenty-four (24) hours prior to a hearing. A CCC defendant may waive, in writing, the twenty-four (24) hour notice.

704.2 The Shift Supervisor must attempt to obtain the subject defendant's signature on the Notice of Hearing Form, acknowledging receipt of a copy. If the defendant refuses to sign, the Shift Supervisor shall note on the form that the defendant refused to sign and have another employee witness and sign that a copy of the Notice of Hearing Form and disciplinary report were given to the defendant.

704.3 The Notice of Hearing Form shall state the date and time of the hearing.

704.4 At the time that the CCC defendant is served with the Notice of Hearing Form, he/she must inform the Shift Supervisor or designee of his/her intent to provide a list of witnesses. The list of witnesses shall be submitted to the Disciplinary Team.

704.5 If the defendant needs additional time to gather witnesses or prepare his/her case, a request may be made in writing for a continuance of the hearing. If the facts warrant a continuance, the Disciplinary Team shall grant the request in writing. The hearing shall be rescheduled as soon as possible and the defendant shall be notified of the new hearing date.

704.6 The Disciplinary Team shall be responsible for the review of each disciplinary report. The Team shall decide within three (3) working days of receipt of the report to take one of the following actions [in § 704.7] unless there are extenuating circumstances that result in postponing or delaying the hearing.

704.7 For Class II and Class III Infractions, the Disciplinary Team may:

(a) Conduct a disciplinary hearing and, if appropriate, impose applicable sanctions;

(b) Take no further action, at which time the case may be dismissed with or without prejudice. Staff shall maintain a log of all dismissals, and maintain the reports for cases dismissed without prejudice for forty-five (45) days.

704.8 A hearing for an infraction must be completed within three (3) working days of the date that the disciplinary report was filed unless circumstances warrant a postponement.

704.9 The CCC defendant shall be provided an opportunity to appear at the hearing and to provide documentary evidence to support his/her case unless doing so would be unduly hazardous to the institutional safety of witnesses or staff. Reasons for denying the defendant's appearance at the hearing shall be stated in writing and provided to the defendant.

704.10 The defendant shall be present throughout the disciplinary hearing except during the period of deliberation, when confidential information is presented or if removed for disruptive behavior.

704.11 The defendant may waive his/her presence at the hearing.

704.12 When a defendant fails or refuses to appear at the disciplinary hearing, or is removed due to disruptive behavior, the Disciplinary Team may proceed with the hearing and make a decision based on the disciplinary report and any other available evidence. The Disciplinary Team must document the failure to appear on the disciplinary report and have another member of the staff witness and sign the report.

704.13 Evidence, testimony, questions and examination are to be limited to facts relevant to the alleged infractions. Testimony of a defendant or staff witness may be presented through written statements. The defendant may call a reasonable number of witnesses on his/her behalf unless:

(a) Permitting the witness to testify poses a threat to institutional security, the safety of a person or orderly operations;

(b) The witness' testimony would be either redundant or immaterial, the witness' testimony concerns the general character of the defendant;

704.14 If a witness is not permitted to testify, the Disciplinary Team must document the reason for excluding the witness from the hearing.

704.15 Information from a reliable source whose identity is not disclosed to the defendant may be admissible at the hearing. Such information may be presented to the Disciplinary Team verbally or in writing. The details of any information from an anonymous source should be shared with the defendant to the extent that this may be done without causing a substantial risk to the safety of the source.

704.16 Where anonymous information is not shared with a defendant a separate file shall be maintained which documents why information from this source was deemed reliable.

704.17 The Disciplinary Team may recess the hearing to collect additional information. However, the Disciplinary Team's decision must be made solely on the evidence presented during the hearing.

704.18 Following the hearing, the Team must complete a Disciplinary Hearing Decision Form stating the conclusion of the Team, the evidence that was relied upon, the reasons for the disciplinary action, and the sanctions imposed.

704.19 A defendant may be found guilty of an infraction based upon a preponderance of the evidence. The agency has the burden of proof.

704.20 The defendant must receive, orally and in writing, a statement of the findings, evidence relied upon, sanctions to be imposed and reasons for the sanctions.

704.21 The Disciplinary Team may suspend the sanctions imposed for a specified period of time not to exceed thirty (30) days.

704.22 If a defendant is convicted of an infraction while on suspension, the suspension may be revoked and the prior sanctions shall run consecutive to the new sanctions.

704.23 A revoked suspension may not be considered as one of the sanctions for the new offense.

704.24 The Disciplinary Team may find a defendant guilty of a lesser-included offense.

History

SOURCE: Final Rulemaking published at 49 DCR 4558, 4564-66 (May 17, 2002).

28 DCMR § 705 SANCTIONS

705.1 The Disciplinary Team is empowered to impose appropriate sanctions when a charge is sustained.

705.2 Any attempt to commit a Class I, II, or III infraction shall be charged and punished the same as if the attempt had been successful.

705.3 The Disciplinary Team shall impose sanctions in proportion to the severity of the infraction.

705.4 In deciding sanctions, the Disciplinary Team shall consider any mitigating or aggravating circumstances.

705.5 After a finding that an infraction has occurred, the following sanctions or combinations thereof, may be imposed:

(a) Class I Infractions shall result in detention pending court intervention/judicial review.

(b) Class II Infractions may be subjected to any one (1) or more of the following sanctions:

(1) Counseling;

(2) Restriction and/or loss of privileges;

(3) A request to the committing Judge to revoke the work release order;

(4) Requiring the defendant to pay restitution for lost or damaged property; or

(5) Assignment to the CCC work detail.

(1) Counseling;

(2) Restriction or loss of privileges;

(3) Requiring the defendant to reimburse for loss or damaged property;

(4) Assignment to the CCC work detail; or

(5) Reprimand or warning.

705.6 The Disciplinary Team may not impose the following sanctions:

(a) Any form of dietary restriction or the use of food or meals as punishment;

(b) Use one defendant to discipline another defendant.

(c) Deprive the defendant of clothing or bedding. (This does not apply to defendants who engage in the practice of destroying such items. In such instances, the CCC Administrator shall be notified, and the decision to deprive must be reviewed at intervals not to exceed 24 hours).

(d) Deny necessary personal hygiene items. (This does not apply to those residents who engage in the practice of destroying such items. In such instances, the CCC Administrator/Director shall be notified and the decision to deny must be reviewed at intervals not to exceed 24 hours).

(e) Use restraints or excessive force as punishment. (Restraints may only be used in accordance with the Department's policy on use of force).

History

SOURCE: Final Rulemaking published at 49 DCR 4558, 4566-68 (May 17, 2002).

28 DCMR § 706 EFFECT OF DISCIPLINARY ACTION/DISMISSAL

706.1 Administrative action by the Disciplinary Team, or other authority, does not constitute additional punishment and should not be construed as such.

706.2 If a guilty finding for an offense affects the defendant's security level, the Disciplinary Team may refer the defendant to his/her Case Manager for proper reclassification.

706.3 Dismissal or modification of a sanction does not deprive the defendant's Case Manager of the opportunity to consider the defendant's conduct for purposes other than discipline including, but not limited to, security classification decisions.

History

SOURCE: Final Rulemaking published at 49 DCR 4558, 4568 (May 17, 2002).

28 DCMR § 707 CCC ADMINISTRATOR'S REVIEW

707.1 The CCC Administrator/Director or his/her designee shall review all disciplinary report recommendations regardless of whether there has been an appeal filed.

707.2 The CCC Administrator/Director, upon his/her own motion, may reverse the decision, remand the decision to the Disciplinary Team, or modify the sanction imposed whenever such action is warranted based on the record. However, the CCC Administrator/Director may not increase the sanction imposed by the Disciplinary Team.

707.3 If the CCC Administrator or designee reverses or remands a decision, he/she must provide a justification for that action.

History

SOURCE: Final Rulemaking published at 49 DCR 4558, 4568 (May 17, 2002).

28 DCMR § 708 APPEALS

708.1 At the conclusion of a hearing in which a sanction has been imposed, the Disciplinary Team must advise the defendant of his/her right to appeal the decision to the CCC Administrator/Director.

708.2 The appeal must be filed within three (3) days following the delivery of written hearing results to the defendant.

708.3 The appeal must be sent to the CCC Administrator/Director; however, the sanction may be imposed prior to the Administrator's/Director's decision concerning the appeal.

708.4 The appeal must contain the defendant's version of the facts and the argument outlining the specific aspects of the hearing that the defendant is appealing.

708.5 The CCC Administrator/Director must act on the appeal within five (5) days, excluding holidays and weekends, of receipt of the appeal, and may take one of the following actions:

(a) Affirm the actions of the Disciplinary Team;

(b) Dismiss the actions of the Disciplinary Team and dismiss the sanction;

708.6 The CCC Administrator/Director shall consider the merit of appeals based upon the following factors:

(a) Whether there was evidence to support the charges;

(b) Whether there was substantial compliance with applicable disciplinary policies and procedures;

708.7 The decision of the CCC Administrator/Director shall be final and exhausts the defendant's available administrative recourse under these rules.

History

SOURCE: Final Rulemaking published at 49 DCR 4558, 4569 (May 17, 2002).

28 DCMR § 799 DEFINITIONS

799.1 When used in this chapter, the following terms and phrases shall have the meanings prescribed:

Absconder - A pretrial CCC defendant conditionally released pursuant to D.C. Official Code § 23-1321(c)(1)(B)(xi) (2001) who fails to return to his/her assigned CCC after an authorized release into the community or who leaves the CCC without authorization. The failure to return after an authorized release or an unauthorized absence is a violation of the conditions of release and may result in a prosecution for contempt of court pursuant to the provisions of D.C. Official Code § 23-1329, or escape under D.C. Official Code § 22-2601.

Administrative hold - Confinement of a CCC defendant to the center, for a period not to exceed twenty-four (24) hours (excluding weekends and holidays), pending the investigation of a complaint/allegation of a program or center violation.

Altered item - An item that has been modified or remanufactured for purposes other than the original use.

Chain of custody - The practice of preserving evidence and documenting the record of who handled and controlled the evidence.

Contraband - Any unauthorized item found in the possession or control of a CCC defendant.

Curfew - The designated time that a CCC defendant is required by court order or program requirement to return to the CCC following an authorized release to the community.

Curfew violator - A CCC defendant who fails to return to the CCC at the authorized time, returns after curfew, but before a warrant for escape is issued.

Detention - The placement of a CCC defendant in the Central Detention Facility (CDF) following a formal complaint/allegation of a Class I Infraction pending judicial intervention and/or review, or following a formal complaint/allegation of a Class II Infraction by a defendant who is reasonably believed to present a high risk of danger to self or others, or presents a risk of flight, and who has been remanded to the CDF for more than twenty-four (24) hours.

Disciplinary team - The CCC staff designated by the CCC Administrator/Director to conduct disciplinary hearings for violations of Class II or Class III infractions.

Evidence - Any item or information that tends to establish or disprove a fact.

Room Confinement/Restriction - The confinement of a CCC defendant, when deemed appropriate by the CCC Administrator/Director or designee, to a room within the facility except to attend work, school, scheduled medical appointments, meals, legal visits, training programs and community service.

History

SOURCE: Final Rulemaking published at 49 DCR 4558, 4569-70 (May 17, 2002).

28-10 CRIMINAL JUSTICE SUPERVISORY BOARD

28 DCMR § 1000 OFFICERS AND DUTIES

1000.1 The officers of the Criminal Justice Supervisory Board (also referred to in this chapter as "the Board") shall consist of a Chairperson and a Vice Chairperson.

1000.2 The Chairperson shall be appointed by the Mayor and the Vice Chairperson shall be chosen by the Board from among its members.

1000.3 In this chapter, any reference to the Chairperson shall also refer to the Vice Chairperson under circumstances where the Chairperson is unable to act.

1000.4 The Chairperson shall preside at all meetings of the Criminal Justice Supervisory Board.

1000.5 The Chairperson shall appoint a Vice Chairperson of the Executive Committee and the chairpersons and members of all standing and ad hoc committees of the Board, with the consent of the Board, except as otherwise provided in this chapter.

1000.6 The order of business for the Board shall be determined by the Chairperson.

1000.7 The Executive Committee shall be composed of the Chairperson of the Board, the Chief Judge of the District of Columbia Court of Appeals, the Chairperson of the Juvenile Justice Advisory Group, the Chairperson of the Committee on the Judiciary of the Council of the District, and two (2) other non-government members selected by the Chairperson with the approval of the Board.

1000.8 The Executive Committee shall meet on the call of the Chairperson of the Board.

1000.9 Between meetings of the Board, the Executive Committee may exercise all powers delegated to the Board, except as otherwise provided in this chapter.

1000.10 The Director of the Office of Criminal Justice Plans and Analysis (also referred to in this chapter respectively as "the Director" and "OCJPA") (or the head of any successor office) shall ensure the provision of necessary staff services to the Board, and shall serve as the Executive Director of the Board.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is D.C. Law 2-107, the "Criminal Justice Supervisory Board Act of 1978" (codified as amended at D.C. Official Code §§ 3-901 et seq. (2001).
SOURCE: Final Rulemaking published at 27 DCR 1111 (March 14, 1980).
EDITOR'S NOTE: Pursuant to section 301 of D.C. Law 9-145, the "Omnibus Budget Support Act of 1992," "the functions of the Office of Criminal Justice Plans and Analysis, established pursuant to section 4(a) of the Criminal Justice Supervisory Board Act of 1978 . . . and all positions, property, records, and unexpended balances of appropriations, allocations, and other funds available to or to made available relating the functions of the Office of Criminal Justice Plans and Analysis [were] transferred to the Mayor's Office of Policy and Program Evaluation. . . ." By Mayor's Order 2001-185, dated December 19, 2001, the Office of Policy Research and Development was established in the Executive Office of the Mayor and Mayor's Order 93-34, dated April 1, 1992, which established the Office of Policy and Evaluation, was rescinded. Pursuant to paragraph 4 of Mayor's Order 2001-185, "all positions, personnel, property, records and unexpended balances of appropriations, allocations, and other funds of the Office of Policy and Evaluation [were] transferred to the Office of Policy Research and Development.

28 DCMR § 1001 MEMBERS AND ALTERNATES

1001.1 Appointed members of the Board shall serve two (2) year terms.

1001.2 Ex-officio members of the Board shall be members as long as they continue to hold the office or position which entitles them to Board membership.

1001.3 Alternates may be designated for all members. Appointments of alternates shall be effective only upon prior written designation from the member to the Chairperson or to the Executive Director.

1001.4 If an appointed member is absent from three (3) consecutive meetings of the Board, the position of that member shall be deemed to be vacant as of the third (3rd) meeting, and a successor shall be appointed to fill the unexpired term of that member.

History

SOURCE: Final Rulemaking published at 27 DCR 1111, 1112 (March 14, 1980).

28 DCMR § 1002 BOARD MEETINGS

1002.1 All meetings of the Board shall be conducted according to Robert's Rules of Order, Newly Revised, except to the extent that those rules may be inconsistent with any of the provisions contained in this chapter.

1002.2 The Chairperson may appoint a parliamentarian to advise the Board on parliamentary matters.

1002.3 All meetings of the Criminal Justice Supervisory Board and its committees shall be open to the public; provided, that the Board or a committee may resolve into executive session upon two-thirds (2/3) vote of the Board or two-thirds (2/3) vote of the members of the committee who are present.

1002.4 An agenda shall be circulated to Board members at least ten (10) days prior to a Board meeting. The Chairperson or a member may add additional matters to the agenda with the consent of the Board.

1002.5 For those meetings at which an application for a subgrant award is being considered, notice of time, place, and agenda of the Board meeting shall be made public through appropriate notices and the local media.

1002.6 Non-members of the Board who wish to address the Board shall make their requests known to the Chairperson before the beginning of the Board meeting at which they wish to speak. The Chairperson or the Board may grant the request to be heard for a specific time period, or may refer the matter to the appropriate committee.

1002.7 The Board shall meet no less frequently than quarterly at the times determined by the Executive Committee or its Chairperson, or upon the written request of ten (10) members of the Board.

1002.8 A public written record of all meetings of the Board and meetings of Board committees shall be maintained.

1002.9 Proxy voting shall not be permitted at Board meetings. All members of the Board shall be expected to attend meetings.

1002.10 If a member cannot attend a meeting, he or she shall notify the Chairperson or the Director.

1002.11 A quorum shall consist of fifty percent (50%) plus one (1) of the total membership of the Board.

1002.12 All decisions of the Board shall be by a majority vote of those members voting except as may otherwise by provided in this chapter.

History

SOURCE: Final Rulemaking published at 27 DCR 1111, 1112-13 (March 14, 1980).

28 DCMR § 1003 AMENDMENT OF BOARD RULES

1003.1 The members of the Board may amend any provision of this chapter, except those provisions establishing officers of the Board; provided, that no amendment to the rules may be adopted which is in conflict with D.C. Law 2-107 or other applicable law.

1003.2 Any proposed amendment shall be presented to the Chairperson in writing so that notice may be given to the members of the Board at least one (1) week prior to the time it is to be considered.

1003.3 The adoption of any amendment shall require a two-thirds (2/3) vote of those present and voting.

1003.4 When considering amendments to the rules, the Chairperson shall not accept proxy votes from members.

History

SOURCE: Final Rulemaking published at 27 DCR 1111, 1112 (March 14, 1980).

28 DCMR § 1004 [RESERVED]

28 DCMR § 1005 COMPREHENSIVE PLAN

1005.1 The Planning Committee shall have responsibility for the development of a recommended annual plan and other planning documents that may be appropriate for submission to the Board.

1005.2 The Planning Committee shall consult with the following, as required by the Crime Control Act of 1976, as amended:

(a) The Judicial Planning Committee (the "JPC"); and

(b) The Juvenile Justice Advisory Group (the "JJAG").

1005.3 Nothing in this chapter shall be construed to modify or amend the planning processes developed by the JPC and the JJAG under the Crime Control Act of 1976, as amended.

1005.4 In order to ensure that the development of the plan proceeds in accordance with the wishes of the Board, development of the plan shall require approval by the Board with respect to each of the following stages:

(a) A preliminary statement of priorities, goals, and objectives;

(b) A statement of primary strategies to be utilized in realizing goals and objectives with illustrations and explanation;

(d) A statement of priorities for improvement of the criminal and juvenile justice systems in the District and recommended allocation of resources (including financial and technical assistance), with justifications for the allocation of resources among competing strategies and program areas and among the potentially eligible grantees (such as public vs. private and citywide vs. neighborhood based); and

(e) A timetable and work plan for implementation, oversight, consultation with the JPC and the JJAG, and evaluation of the plan and progress pursuant to the plan.

1005.5 The statement required by § 1005.4(d) shall incorporate past commitments and previous plans with multi-year implications and future multi-year commitments implicit in the present and proposed plans.

1005.6 The Planning Committee shall be responsible for submitting each item set forth in § 1005.4 to the Board in accordance with a schedule that has been submitted to and approved by the Board.

History

SOURCE: Final Rulemaking published at 27 DCR 1111, 1113-14 (March 14, 1980).

28 DCMR § 1006 PLANNING COMMITTEE PROCEDURES

1006.1 In developing each of the elements of the plan set forth in § 1005, the Planning Committee shall follow the procedures set forth in this section.

1006.2 With the assistance of the staff, the committee shall prepare recommendations accompanied by discussion papers explaining and justifying the recommendations. The papers shall set forth the planning assumptions, problem analysis, factual basis, supporting data, cost implications as appropriate, and provide concrete illustrations or examples where possible.

1006.3 With the assistance of staff, the committee shall prepare a list of alternatives and an analysis of those alternatives with a statement of costs, alternative planning assumptions, alternative interpretations of data, alternative formulations of priorities, and alternative programs which might be utilized.

1006.4 The committee shall request that the staff compile a list of problem areas and programmatic activities and suggestions regarding the allocation of resources from agencies and groups involved or interested in the criminal and juvenile justice systems, and an analysis of the relationship of those requests or suggestions to the statements required under § 1005.4(a) through (d).

1006.5 The list of "requests" shall be secured through members of the Board so that the Planning Committee can draw effectively upon input from the entire Board and institutions represented on the Board.

1006.6 The committee shall request that the staff obtain commentaries on recommendations received from particular agencies and institutions which may be affected by those recommendations.

1006.7 The committee shall request that staff prepare special studies, research, and issue papers as may be useful.

1006.8 With the assistance of staff, the committee shall prepare a summary of available and relevant data on the problems being addressed with particular emphasis on new developments, trends, changes for better or worse, and the problems faced by the criminal and juvenile justice systems.

1006.9 The committee shall request that the staff provide material to permit the evaluation of ongoing projects or reports on programs in the District and other jurisdictions that appear particularly relevant.

1006.10 The committee shall solicit reports of committees with statutory legal responsibility for recommendations including, specifically, the Juvenile Justice Advisory Group and the Judicial Planning Committee.

History

SOURCE: Final Rulemaking published at 27 DCR 1111, 1114-15 (March 14, 1980).

28 DCMR § 1007 ANNUAL PROGRAM ANNOUNCEMENT

1007.1 The Planning Committee shall be responsible for developing an annual program announcement consistent with the plan which shall be submitted for review and approval of the Board.

1007.2 The program announcement shall do the following:

(a) Clearly define program areas and specific projects for which funding is contemplated;

(b) Specify the range of eligible applicants for each project area. Projects shall be designated closed (one (1) eligible applicant) or competitive (two (2) or more eligible applicants) depending on the nature of the project and the priorities in the plan;

(c) Identify for competitive program and project categories, the types of technical assistance to be provided by OCJPA and the extent of allowable program development effort by OCJPA staff;

(d) Specify the amount of funding available, the maximum number of projects to be awarded in each category, and the grant period for which funds will be available; and

(e) Delineate special conditions and requirements that must be addressed for an application to be eligible for consideration. Special conditions and requirements may include any program element (such as requiring cooperative agreements or special target group involvement) deemed necessary for implementation of the applicable portion of the annual plan in accordance with applicable priorities and objectives.

1007.3 The program announcement, when approved, shall serve as the basis for application preparation and as a basis for provision of program development assistance by the OCJPA. In addition, the program announcement shall be the basis for initial programmatic review of project applications.

History

SOURCE: Final Rulemaking published at 27 DCR 1111, 1115-16 (March 14, 1980). REFERENCES IN TEXT: The OCJPA, referred to in section 1007 above, was abolished by section 301 of D.C. Law 9-145, the "Omnibus Budget Support Act of 1992." See Editor's Note under section 1000 of this chapter for information regarding the transfer of OCJPA's duties and functions to other offices within the Executive Office of the Mayor.

28 DCMR § 1008 GRANT REVIEW

1008.1 The Grants Committee shall be responsible for reviewing applications submitted to the Office of Criminal Justice Plans and Analysis.

1008.2 The Grants Committee shall prepare recommendations for consideration of the full Board for each application which address the following:

(a) Whether to fund the application and the reasons, the level of funding, and the grant period for the project; and

(b) Any special conditions (programmatic, administrative, or monetary) deemed necessary to meet adequately the objectives and priorities of the plan or other federal or local, reporting, administrative, or monetary requirements.

History

SOURCE: Final Rulemaking published at 27 DCR 1111, 1116 (March 14, 1980). REFERENCES IN TEXT: The Office of Criminal Justice Plans and Analysis ("OCJPA"), referred to in section 1008.1 above, was abolished by section 301 of D.C. Law 9-145, the "Omnibus Budget Support Act of 1992." See Editor's Note under section 1000 of this chapter for information regarding the transfer of OCJPA's duties and functions to other offices within the Executive Office of the Mayor.

28 DCMR § 1009 GRANT REVIEW PROCEDURES

1009.1 Upon receipt of the applications by OCJPA, staff shall conduct an initial review.

1009.2 Within ten (10) working days of receipt of an application by OCJPA, the applicant shall be sent a letter requesting any additional information or clarification based upon the initial review. Applicants shall have five (5) working days to prepare a written response to the questions (if any). After the response is received from the applicant, a final staff review shall be undertaken.

1009.3 If the Grants Committee deems it appropriate, selected panels of up to three (3) readers per program area shall be asked to review competing applications and offer comments. The applicant shall be informed of the referral and the reasons for referral. Readers shall be selected for their expertise in the field and their opinions shall be considered advisory only, as a means of supplementing staff and committee assessment.

1009.4 Final staff reviews, comments from readers, and applicants initial review letters and responses shall be presented to the Grants Committee. For juvenile justice and judiciary projects, additional reviews shall be conducted by the Juvenile Justice Advisory Group and the Judicial Planning Committee, respectively, and provided to the Grants Committee.

1009.5 Applicants may request the opportunity to appear before the Grants Committee, but appearances shall be within the sole discretion of the Grants Committee.

1009.6 Each applicant shall be provided with staff, reader, and advisory committee reviews of his or her application prior to formal consideration by the Grants Committee.

1009.7 The program announcement and grant review forms shall specify review criteria to be used with respect to each program or project area. The following categories or factors shall generally determine staff recommendations:

(a) The adequacy of the application and the extent to which all required matters are addressed;

(b) The extent to which the application is responsive to the program announcement, special conditions and requirements, and to the objectives, priorities, and strategies of the annual plan;

(d) The probability of permanent future funding if the project is successful; and

(e) An assessment of the applicant's capability based upon the capability statement and past performance record, where applicable.

History

SOURCE: Final Rulemaking published at 27 DCR 1111, 1116-17 (March 14, 1980).
EDITOR'S NOTE: The Justice Grants Administration, Office of the Deputy Mayor for Public Safety and Justice, allocates and administers federal funds made available for juvenile and criminal-justice related programs. REFERENCES IN TEXT: The OCJPA, referred to in sections 1009.1 and 1009.2 above, was abolished by section 301 of D.C. Law 9-145, the "Omnibus Budget Support Act of 1992." See Editor's Note under section 1000 of this chapter for information regarding the transfer of OCJPA's duties and functions to other offices within the Executive Office of the Mayor.

28 DCMR § 1010 FUNDING POLICIES

1010.1 Applicants for Law Enforcement Assistance Administration ("LEAA") Part C and Part E block grant funds shall apply on an annual basis and shall be eligible for up to a total of thirty-six (36) months of LEAA support.

1010.2 Continuation funding for LEAA Part C and Part E funded projects after the initial grant award shall be considered based upon the priorities of that year's approved Comprehensive Criminal Justice Plan and upon the demonstrated progress of the project.

1010.3 Projects funded from Juvenile Justice and Delinquency Prevention funds may be eligible for twelve (12) month, twenty-four (24) month, or thirty-six (36) month awards. The duration shall be stipulated at the time of the initial funding decision and shall be contingent upon a satisfactory review of project performance at twelve (12) month intervals.

1010.4 Grant recipients that have unobligated funds at the end of their grant award periods shall have those funds credited against their continuation awards if continuation funding is requested and approved by the Board.

1010.5 Grant recipients not requesting continuation funding that have unobligated balances at the end of the grant award period shall return those funds to OCJPA except in the following circumstances:

(a) If unobligated funds exist at the end of the total thirty-six (36) month eligibility, and the amount does not exceed five thousand dollars ($5,000), the applicant may request that OCJPA approve a grant extension for a sufficient period of time to ensure expenditure of those remaining monies;

(b) If unobligated funds exist at the end of the thirty-six (36) month eligibility, and the amount exceeds five thousand dollars ($5,000), the Criminal Justice Supervisory Board at its discretion, upon request of the grantee, may extend the grant for whatever time period deemed appropriate by the Board; and

1010.6 Each grant recipient shall be required to provide matching funds equal to ten percent (10%) of total project cost in the first year, twenty-five percent (25%) of total project cost in the second year (if the project is refunded), and fifty percent (50%) of total project cost in the third year (if the project is refunded).

1010.7 Private agencies receiving Juvenile Justice and Delinquency Prevention funds may satisfy all matching requirements by the provision of soft match contributions.

1010.8 Private non-profit agencies receiving Part C or Part E block grant funds shall be required to provide at least ten percent (10%) of total project cost in each year in the form of hard (cash) match. Private agencies receiving Part C or Part E funds may satisfy the remaining match obligation during the second or third project years by providing soft matching contributions.

1010.9 The Criminal Justice Supervisory Board may, at its discretion and by a two-thirds (2/3) vote, exempt any private agency or organization from the matching requirements; provided, that the total matching contributions for all block funds awarded during that fiscal year shall equal at least ten percent (10%) of total project cost in the aggregate.

History

SOURCE: Final Rulemaking published at 27 DCR 1111, 1118-19 (March 14, 1980).
EDITOR'S NOTE: The Justice Grants Administration, Office of the Deputy Mayor for Public Safety and Justice, allocates and administers federal funds made available for juvenile and criminal-justice related programs. REFERENCES IN TEXT: The OCJPA, referred to in section 1010.5 above, was abolished by section 301 of D.C. Law 9-145, the "Omnibus Budget Support Act of 1992." See Editor's Note under section 1000 of this chapter for information regarding the transfer of OCJPA's duties and functions to other offices within the Executive Office of the Mayor.

28 DCMR § 1011 APPEALS: GENERAL

1011.1 An applicant for an action grant under the provisions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, and the Juvenile Justice Delinquency Prevention Act of 1974, as amended, who has been denied all requested LEAA funds to conduct a project for which funds are available, may appeal the grant request decision to the Criminal Justice Supervisory Board or to an Appeals Committee of the Board.

1011.2 The Office of Criminal Justice Plans and Analysis shall notify each applicant in writing of the reasons for denial. The notification shall be consistent with requirements set forth in § 303(a)(15) of the Crime Control Act of 1968, as amended, and the Juvenile Justice and Delinquency Prevention Act of 1974, as amended.

1011.3 Subgrant applicants shall have the right to withdraw or revise their appeals at any time prior to the final Board decision. The withdrawal or revisions shall not act as a bar to resubmission of the application for reconsideration by the Board at some later date.

1011.4 Appeals shall be taken by subgrant applicants upon written notice from the Office of Criminal Justice Plans and Analysis setting forth the reasons for disapproval of the application.

1011.5 Appeals shall be taken within twenty (20) days of the dispatch of written notice by the Office of Criminal Justice Plans and Analysis. Appeals shall be in writing and shall set forth the reasons and grounds for the appeal.

1011.6 Grounds for appeal may include one (1) or both of the following:

(a) An error of procedure occurred; and/or

(b) The Board's decision was based on a substantive error of fact.

1011.7 Denial of requests because of insufficient LEAA funds may not be appealed.

1011.8 Applicants filing appeals desiring to present a personal appeal shall make that request to the Office of Criminal Justice Plans and Analysis in the written appeal and shall indicate the name of the person who shall present the appeal.

1011.9 If the Criminal Justice Supervisory Board or an Appeals Committee desires to hear a supporting oral appeal, the applicant shall be notified of the time and place of the oral presentation by the Office of Criminal Justice Plans and Analysis.

History

SOURCE: Final Rulemaking published at 27 DCR 1111, 1118-19 (March 14, 1980).
EDITOR'S NOTE: Pursuant to Mayor's Order 2000-149, dated October 3, 2000, the Justice Grants Administration, Office of the Deputy Mayor for Public Safety and Justice, "is the sole Agency responsible for carrying out the provisions of the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, 88 Stat. 1109. REFERENCES IN TEXT: The Office of Criminal Justice Plans and Analysis, referred to in section 1011 above, was abolished by section 301 of D.C. Law 9-145, the "Omnibus Budget Support Act of 1992." See Editor's Note under section 1000 of this chapter for information regarding the transfer of OCJPA's duties and functions to other offices within the Executive Office of the Mayor.

28 DCMR § 1012 APPEALS: INVESTIGATION AND DECISION

1012.1 When an appeal is based on substantive grounds, the Board (or an Appeals Committee of the Board) shall give substantial weight to the conclusions reached by the Grants Committee of the Board.

1012.2 In order for a substantive appeal to be justified, an applicant's appeal shall establish that the Board's decision is based on a clear mistake of fact with respect to the project described in the application.

1012.3 The applicant shall have no basis for appeal when the reason for denial is that the application involved in the appeal did not address a problem identified by the Board in the most recently approved Comprehensive Plan.

1012.4 Upon receipt of an appeal request, the Office of Criminal Justice Plans and Analysis may undertake an administrative investigation to gather information, establish facts, and attempt to resolve the appeal. The investigation may also provide the basis for a recommendation by the OCJPA to the Board or Appeals Committee.

1012.5 All appeals shall be considered by the Criminal Justice Supervisory Board or Appeals Committee within a maximum of sixty (60) days of receipt.

1012.6 To ensure compliance with the time limit requirement of § 1012.5, the Chairperson or Vice Chairperson of the Criminal Justice Supervisory Board may appoint a five (5) person Appeals Committee composed entirely of members of the Board, and designate the chairperson of that Committee.

1012.7 Three (3) members of the Appeals Committee shall constitute a quorum. Decisions of the committee shall be by majority vote.

1012.8 If an Appeals Committee is used to hear applicant appeal(s), the recommendation of the Appeals Committee shall be reported to and either ratified, modified, or rejected by the full Board at its next scheduled meeting.

1012.9 The Board, or an Appeals Committee, shall take whatever action upon an appeal that it considers to be in the best interests of the criminal justice planning program of the District of Columbia.

1012.10 The final Board action concerning an appeal shall be reported in writing to the appellant applicant by the Office of Criminal Justice Plans and Analysis within five (5) days following the action. The findings and determination of the Board on an appeal shall be final.

1012.11 When subgrant appeals are under consideration by the Criminal Justice Supervisory Board or Appeals Committee, the Mayor or his or her designee may attend the Board or Appeals Committee meeting and may, when he or she deems it appropriate, exercise the statutory authority vested in the Mayor by § 203(a) of Title I of the Omnibus Crime Control and Safe Streets Act to make final decisions on the award of LEAA funds.

History

SOURCE: Final Rulemaking published at 27 DCR 1111, 1119-20 (March 14, 1980). REFERENCES IN TEXT: The Office of Criminal Justice Plans and Analysis ("OCJPA"), referred to in section 1012 above, was abolished by section 301 of D.C. Law 9-145, the "Omnibus Budget Support Act of 1992." See Editor's Note under section 1000 of this chapter for information regarding the transfer of OCJPA's duties and functions to other offices within the Executive Office of the Mayor.

28 DCMR § 1013 APPEALS BY GRANTEES

1013.1 Any grantee of an action grant under the provision of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, who has had funds withheld or has had a project terminated for non-compliance, shall be entitled to appeal to the Criminal Justice Supervisory Board on the termination decision.

1013.2 The Office of Criminal Justice Plans and Analysis shall notify each grantee in writing when a subgrant is either being terminated or funds are being withheld for non-compliance.

1013.3 An appeal may be taken by a grantee upon written notice from the Office of Criminal Justice Plans and Analysis informing the grantee of the reasons for the withholding of funds or the termination of the grant.

1013.4 The conduct and timing of all other procedures for handling grantee terminations or withholding of funds shall be the same as those set forth for processing of subgrant applications appeals, as set forth in this section.

1013.5 Applicants shall have twenty (20) days from the dispatch of written notice to file an appeal.

1013.6 A request for a personal appeal, if desired, shall be included in the appeal.

1013.7 The Office of Criminal Justice Plans and Analysis may use an administrative investigation for fact finding and to attempt early resolution.

1013.8 An Appeals Committee of the full Board may be appointed.

1013.9 Appeals shall be considered by the Board or Appeals Committee within sixty (60) days.

1013.10 Final Board action, whether or not based on an Appeals Committee report, shall be reported to the applicant within five (5) days.

1013.11 The finding and determination of the Board on an appeal shall be final.

History

SOURCE: Final Rulemaking published at 27 DCR 1111, 1120 (March 14, 1980). REFERENCES IN TEXT: The OCJPA, referred to in section 1013 above, was abolished by section 301 of D.C. Law 9-145, the "Omnibus Budget Support Act of 1992." See Editor's Note under section 1000 of this chapter for information regarding the transfer of OCJPA's duties and functions to other offices within the Executive Office of the Mayor.

28-11 JUVENILE JUSTICE ADVISORY GROUP

28 DCMR § 1100 GENERAL PROVISIONS

1100.1 The Juvenile Justice Advisory Group (also referred to in this chapter as the "JJAG") shall provide advice and consultation to the Mayor, the Office of Criminal Justice Plans and Analysis (also referred to in this chapter as the "OCJPA"), and the Criminal Justice Supervisory Board (also referred to as the "CJSB") on problems and policy-related issues pertaining to, but not limited to the following:

(a) The identification and analysis of special service needs of District youth; and

(b) The identification of corrective measures within operating agencies and grant funded programs designed to address the special service needs of District youth.

1100.2 The JJAG shall participate in the development and review of the annual Law Enforcement Assistance Administration ("LEAA") Juvenile Justice Comprehensive Plan for the District, prior to submission to the Criminal Justice Supervisory Board for final action.

1100.3 The JJAG shall assist in the development of operating standards for all juvenile detention and correction facilities, group homes, and foster care homes and programs.

1100.4 The JJAG shall assume a role in the monitoring of all juvenile detention and correction facilities and community-based programs to ensure compliance with the Juvenile Justice and Delinquency Prevention Act of 1974, as amended.

1100.5 The JJAG shall have an opportunity to review and comment on the progress and accomplishments of public and private sector juvenile justice and delinquency prevention programs funded under the comprehensive state plan.

1100.6 The JJAG shall have an opportunity to review and comment on "special" public and private juvenile justice research studies that impact upon District youth or juvenile services.

1100.7 The JJAG shall have an opportunity to review and comment on all juvenile justice and delinquency prevention grant applications that are submitted to OCJPA, other than those subject to review by the State's judicial planning committee established pursuant to § 203(c) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended.

1100.8 The review and comment permitted under § 1100.7 shall be made no later than thirty (30) days after the submission of an application to the advisory group.

1100.9 The JJAG shall assume an advisory role relative to the District's maintenance of effort under § 261(b) and § 520(b) of the Omnibus Crime Control and Safe Streets Act, of 1968, as amended.

1100.10 The JJAG shall assume an advisory role in the composition of the Criminal Justice Supervisory Board.

1100.11 The Office of Criminal Justice Plans and Analysis (also referred to in this chapter as the "OCJPA") shall assist the JJAG in matters of administration and shall provide it with necessary staff, including secretarial service in matters of JJAG related business. Services shall include, but not be limited to, administrative support.

1100.12 The rules contained in the current edition of Robert's Rules of Order, Newly Revised, shall govern the JJAG in all cases to which they are applicable and in which they are not inconsistent with the provisions of this chapter or any special rules of order the JJAG may adopt.

1100.13 Proposed alterations, amendments, or repeal of the provisions of this chapter may be made by a recorded majority vote of the JJAG membership (not counting vacancies) at any regular meeting if notice of the meeting contains a statement of the proposed alteration, amendment, or repeal; and if the notice of alteration, amendment, or repeal has been given to each JJAG membership in writing at least two (2) weeks prior to the meeting.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, Pub. L. No. 93-415, 88 Stat. 1109; and Mayor's Order 79-40, dated February 22, 1979.
SOURCE: Final Rulemaking published at 27 DCR 1121-1122, 1132-33 (March 14, 1980).
EDITOR'S NOTE: Pursuant to section 301 of D.C. Law 9-145, the "Omnibus Budget Support Act of 1992," "the functions of the Office of Criminal Justice Plans and Analysis, established pursuant to section 4(a) of the Criminal Justice Supervisory Board Act of 1978 . . . and all positions, property, records, and unexpended balances of appropriations, allocations, and other funds available to or to made available relating the functions of the Office of Criminal Justice Plans and Analysis [were] transferred to the Mayor's Office of Policy and Program Evaluation. . . ." By Mayor's Order 2000-149, dated October 3, 2000, the Office of Justice Grants Administration was designated as the sole agency responsible for implementing the provisions of the Juvenile Justice and Delinquency Prevention Act of 1974, as amended. By Mayor's Order 2001-185, dated December 19, 2001, the Office of Policy Research and Development was established in the Executive Office of the Mayor and Mayor's Order 93-34, dated April 1, 1992, which established the Office of Policy and Evaluation, was rescinded. Pursuant to paragraph 4 of Mayor's Order 2001-185, "all positions, personnel, property, records and unexpended balances of appropriations, allocations, and other funds of the Office of Policy and Evaluation [were] transferred to the Office of Policy Research and Development." MISCELLANEOUS NOTES: ESTABLISHMENT OF THE JUVENILE JUSTICE ADVISORY GROUP, See Mayor's Order 84-167, dated September 18, 1984 (rescinding Mayor's Order 79-40, dated February 22, 1979; Mayor's Order 93-91, dated July 8, 1993 (rescinding Mayor's Order 84-167); Mayor's Order 95-60, dated April 17, 1995 (rescinding Mayor's Order 93-91); Mayor's Order 98-29, dated March 17, 1998 (rescinding Mayor's Order 95-60); Mayor's Order 98-93, dated June 11, 1998 (rescinding Mayor's Order 98-29); Mayor's Order 2000-128, dated August 15, 2000 (rescinding, in part, Mayor's Order 98-93); and Mayor's Order 2000-149, dated October 3, 2000 (rescinding Mayor's Order 98-93).

28 DCMR § 1101 MEMBERSHIP

1101.1 The Juvenile Justice Advisory Group shall consist of twenty-nine (29) members appointed by the Mayor.

1101.2 The members of the JJAG shall have training, experience, or special knowledge concerning the prevention and treatment of juvenile delinquency or the administration of juvenile justice.

1101.3 The membership of the JJAG shall include representatives of the following:

(a) The units of local government specified in the provisions of Mayor's Order 79-40;

(b) The United States Attorney's Office;

(d) Private organizations concerned with delinquency prevention or treatment, neglected or dependent children, and the quality of juvenile justice, education, or social services for children;

(e) Volunteers who work with delinquents or potential delinquents;

(f) Community-based delinquency prevention or treatment programs;

(g) Business groups and businesses employing youth;

(h) Persons with special experience and competence in addressing the problems of school violence, vandalism, and learning disabilities; and

(i) Organizations that represent employees affected by Public Law 93-415.

1101.4 A majority of the members (including the chairperson) shall be other than full-time employees of the federal, District, state, or local governments. At least one-third (1/3) shall be under the age of twenty-six (26) at the time of appointment, at least three (3) of whom shall have been, or shall currently be, under the jurisdiction of the juvenile justice system.

1101.5 Ex-officio government members shall be members as long as they continue to hold the office of position which entitles them to membership.

1101.6 Initial appointments shall be for one (1) and two (2) year terms. Thereafter, all other appointments shall be staggered over a two (2) year period.

1101.7 Ex-officio government members may designate an alternate from their agency for those meetings which they are unable to attend. Alternates shall be designated in writing from the JJAG members to the chairperson. Alternates shall have the same voting rights as members.

1101.8 Any citizen member who fails to attend regularly scheduled meetings of the JJAG and its committees over a three (3) month period without being excused by the Chairperson shall be considered an inactive member of the JJAG. In cases of inactive members, the Chairperson shall request in writing that the Mayor consider the position to be vacant and that the vacancy be filled immediately.

History

SOURCE: Final Rulemaking published at 27 DCR 1121, 1122-23 (March 14, 1980).

28 DCMR § 1102 OFFICERS: DUTIES

1102.1 The officers of the Juvenile Justice Advisory Group shall be a Chairperson and a Vice Chairperson.

1102.2 The duties and responsibilities of the Chairperson shall include the following:

(a) To ensure that the activities of the Juvenile Justice Advisory Group (JJAG) mandated by Mayor's Order 79-40 are fulfilled in an expeditious and business-like manner, consistent with the provisions of this chapter, the provisions of chapter 10 of this title (the rules of the Criminal Justice Supervisory Board), and any other appropriate administrative or legislative mandate which may govern the JJAG;

(b) To open the meeting at the appointed time by taking the chair and calling the meeting to order, having ascertained that a quorum is present;

(c) To announce in proper sequence the business that comes before the JJAG or becomes in order in accordance with the prescribed order of business, agenda, or program and with existing orders of the day;

(d) To state and to put to vote all questions that legitimately come before the JJAG as motions or that otherwise arise in the course of proceedings, and to announce the result of each vote;

(e) To expedite business in every way compatible with the rights of members and the parliamentary authority;

(f) To authenticate by his or her signature, when necessary, all acts, orders, and proceedings of the assembly;

(g) To declare the meeting adjourned when the assembly so votes or, where applicable, at the time prescribed in the program, or at any time in the event of a sudden emergency affecting the safety of those present;

(h) To serve as an ex officio member of all Committees of the JJAG and represent the JJAG on the Criminal Justice Supervisory Board;

(i) To appoint members of the JJAG to standing and special committees;

(j) To serve as the official representative of the Juvenile Justice Advisory Group; and

(k) To perform any other relevant duties prescribed by this chapter, the parliamentary authority, and the JJAG.

1102.3 The duties and responsibilities of the Vice Chairperson shall include the following:

(a) To fulfill the duties and responsibilities of the Chairperson in his or her absence;

(b) To serve as Acting Chairperson if the Chairperson is not able to continue to chair the JJAG until a new Chairperson is appointed by the Mayor; and

History

SOURCE: Final Rulemaking published at 27 DCR 1121, 1123-24 (March 14, 1980).

28 DCMR § 1103 OFFICERS: SELECTION, TERMS, AND VACANCIES

1103.1 The Chairperson shall be appointed by the Mayor consistent with Public Law 93-415 (the Juvenile Justice and Delinquency Prevention Act of 1974), as amended.

1103.2 The Vice Chairperson shall be elected by the Juvenile Justice Advisory Group by secret written ballot from a list of three (3) candidates who shall be nominated by the Chairperson. The requirement for three (3) nominees shall be subject to the availability of three (3) JJAG members willing to become candidates.

1103.3 The term of service of the Chairperson shall be consistent with Mayor's Order 79-40.

1103.4 The Vice Chairperson shall serve a term not to exceed one (1) year. The Vice Chairperson may serve no more than two (2) consecutive terms.

1103.5 If the Office of Chairperson becomes vacant, the Vice Chairperson shall assume the chair until the Mayor appoints a new Chairperson.

1103.6 If the Office of Vice Chairperson becomes vacant, a special election shall be held, consistent with the provisions of this chapter, to fill the vacancy.

History

SOURCE: Final Rulemaking published at 27 DCR 1121, 1125 (March 14, 1980).

28 DCMR § 1104 [RESERVED]

28 DCMR § 1105 MEETINGS

1105.1 A regular meeting of the Juvenile Justice Advisory Group shall be held each month at a time and place which is open to the public.

1105.2 All regular and special meetings of the Juvenile Justice Advisory Group or the Executive Committee of the JJAG, shall be conducted in accordance with the provisions of this chapter, the rules of the Criminal Justice Supervisory Board (chapter 10 of this title), the parliamentary authority, and any other administrative or legislative mandates which may govern the JJAG.

1105.3 Non-members of the JJAG who wish to address the JJAG shall make their requests known to the Chairperson before the beginning of the JJAG meeting at which they wish to speak. The Chairperson may grant the request to be heard for a time period to be set by the chair.

1105.4 Official minutes of meetings shall be recorded and distributed to each member of the JJAG at least one (1) week in advance of the next regular meeting of the JJAG.

1105.5 Each member or properly designated alternate of the JJAG shall be entitled to one (1) vote on each issue coming before the JJAG in his or her presence. Proxy voting shall not be permitted.

1105.6 When motions are made for approval of the funding of applications, a JJAG member shall abstain from discussing or voting if the motion includes an application submitted by an agency or organization the member officially represents or for which he or she serves in a policy-making capacity.

1105.7 JJAG members shall abstain from voting on motions to approve the funding of applications submitted by an agency or organization which is in direct competition with the agency or organization which the member officially represents or for which he or she serves in a policy-making capacity.

1105.8 All members of the JJAG shall be expected to attend its meetings.

1105.9 If a member cannot attend a meeting, he or she shall notify the staff of the Office of Criminal Justice Plans and Analysis.

1105.10 Special Meetings of the JJAG may be called by order of the Chairperson, with at least two (2) days advance notice in writing.

1105.11 The notice of a special meeting shall specify the date, time, place, and purpose of the special meeting.

1105.12 The only matters that may be acted upon at a special meeting are those specified in the notice of the special meeting; provided, that matters other than those specified may be discussed but not acted upon.

1105.13 All meetings of the Juvenile Justice Advisory Group shall be open to the public.

1105.14 For the purpose of conducting the business of the Juvenile Justice Advisory Group, a quorum consisting of one-third ( of the JJAG membership shall be required.

History

SOURCE: Final Rulemaking published at 27 DCR 1121, 1125-27 (March 14, 1980).

28 DCMR § 1106 EXECUTIVE COMMITTEE

1106.1 The Executive Committee shall be composed of seven (7) members of the Juvenile Justice Advisory Group who shall serve (with the exception of the Vice Chairperson) at the pleasure of the Chairperson.

1106.2 Selection of the Executive Committee shall be as follows:

(a) The Chairperson of the JJAG shall serve as the chairperson of the Executive Committee;

(b) The Vice Chairperson shall be a member and shall chair meetings in the absence of the Chairperson;

(d) The two (2) remaining membership positions of the Executive Committee shall be filled by appointment by the Chairperson of the JJAG consistent with the composition of the JJAG to ensure equitable representation from government, citizens, and persons under twenty-six (26) years of age, contingent upon the other five (5) positions.

1106.3 Any member of the JJAG may attend and participate in Executive Committee meetings, but only members of the committee shall have voting privileges.

1106.4 Special meetings of the Executive Committee may be held as often as necessary.

1106.5 Special meetings shall be governed by the provisions for regular meetings.

1106.6 The Executive Committee of the JJAG shall adopt any special rules or procedures necessary consistent with the provisions of this chapter, the provisions of chapter 10 of this title (the rules and procedures of the Criminal Justice Supervisory Board), and any other administrative or legislative mandates that may govern this body.

1106.7 The primary duties of the Executive Committee shall be as follows:

(a) To review and integrate components of the proposed Juvenile Justice Plan into a single document. The Executive Committee may, in its discretion, further develop problems and strategies recommended by the subcommittee;

(b) To develop the annual Juvenile Justice travel and training plan;

(c) To advise the JJAG and its subcommittees about the completeness and comprehensiveness of juvenile justice needs and problems included in the annual plan; and

(d) To review at the request of the Chairperson, recommendations from the subcommittees for grant funding if the subcommittee recommendations are at variance with the state plan, and to perform any other duties consistent with the provisions of this chapter.

1106.8 Regular meetings of the Executive Committee shall be called as follows by the order of the Chairperson of the Executive Committee.

1106.9 All meetings of the Executive Committee shall be conducted in accordance with this chapter, chapter 10 of this title, the parliamentary authority, and any other administrative or legislative mandates which may govern the JJAG.

1106.10 Official minutes shall be recorded and distributed to each member of the JJAG at least one (1) week in advance of the next Executive Committee meeting.

1106.11 Each member or alternate of the Executive Committee shall be entitled to one (1) vote on each issue coming before the Committee in his or her presence. Proxy voting shall not be permitted.

1106.12 All members of the Executive Committee shall be expected to attend meetings. If a member cannot attend a meeting, he or she shall notify the staff of the Office of Criminal Justice Plans and Analysis.

History

SOURCE: Final Rulemaking published at 27 DCR 1121, 1127-28 (March 14, 1980).
EDITOR'S NOTE: Subsections 1106.11 and 1106.12 of the June 1984 edition of this title have been deleted because they were redundant to subsections 1106.4 through 1106.6 of this section.

28 DCMR § 1107 SUBCOMMITTEES: GENERAL

1107.1 The Juvenile Justice Advisory Group shall have three (3) standing subcommittees.

1107.2 The members shall be appointed by the Chair of the JJAG, consistent with the composition of the JJAG, ensuring equitable representation from government members, citizen members, and members under twenty-six (26) years of age.

1107.3 The chairperson of each subcommittee shall be appointed by the Chairperson of the JJAG. Each subcommittee chairperson shall be a member of the Executive Committee.

1107.4 The subcommittees shall meet as necessary, in the judgment of their respective chairpersons, but not less than once each calendar quarter.

1107.5 Subcommittee meetings shall be called by the respective Chairperson, in accordance with the notice requirements for regular meetings of the JJAG.

1107.6 Minutes shall be kept of all subcommittee meetings.

1107.7 Upon report to and acceptance of the JJAG, minutes shall be filed with the JJAG.

1107.8 The three (3) subcommittees shall be the following:

(a) PRE-ADJUDICATION - Encompasses programs and services which relate to juvenile delinquency prevention; diagnostic and treatment initiatives (such as those involving developmental disabilities); screening and treatment for substance abuse, mental health problems, and special education needs. Youth employment, the public school system, recreation, and outreach services shall be included in this area;

(b) ADJUDICATION - Includes all court related programs and services at both the initial court hearing and adjudication stages of court processing. Programmatically responsible for diversion and alternatives to secure detention services, including court processing of both Persons in Need of Supervision (PINS) and delinquents; and

(c) POST-ADJUDICATION - Includes all programs and services which affect a youth after conclusion of the fact finding hearing or trial and upon either commitment to an institution, placement on court probation, or in after care services. Responsibilities shall extend to the Children's Center and group homes for adjudicated youth.

1107.9 The subcommittees shall adopt any special rules or procedures necessary and consistent with the provisions of this chapter, the provisions of chapter 10 of this title, and any other administrative or legislative mandates that may govern the JJAG.

1107.10 Ad hoc committees may be appointed from time to time by the Chairperson of the Juvenile Justice Advisory Group.

History

SOURCE: Final Rulemaking published at 27 DCR 1121, 1128-29, 1131-32 (March 14, 1980).

28 DCMR § 1108 SUBCOMMITTEES: FUNCTIONS

1108.1 The function of the subcommittees shall be to assist staff in the development of certain program areas in the Juvenile Comprehensive Plan as well as review and recommend for funding grant applications which would fall under the jurisdiction of that subcommittee.

1108.2 In preparation of the annual Comprehensive Plan for Juvenile Justice in the District, the Juvenile Justice Advisory Group and its subcommittees shall rank in priority order all problems brought before it.

1108.3 Each subcommittee, in developing the rankings of problems within its functional area, shall also be responsible for the identification and ranking or sequencing of specific strategies or approaches to address those problems. Each subcommittee shall then rank in priority order all strategies of a grant funding nature.

1108.4 All subcommittee reports on problem priorities and recommended strategies for resolution shall develop overall recommended problem and strategy priorities for formal consideration by the JJAG.

1108.5 The Executive Committee may, in its discretion, further develop problems and strategies recommended by a subcommittee.

1108.6 All components of the annual Juvenile Justice Plan shall be submitted to the JJAG for ratification and subsequent recommendation to the Criminal Justice Supervisory Board.

History

SOURCE: Final Rulemaking published at 27 DCR 1121, 1129 (March 14, 1980).

28 DCMR § 1109 SUBCOMMITTEES: PROCEDURES

1109.1 Following final approval of the Plan, each subcommittee shall report to the JJAG its recommendations regarding all grant applications referred to the subcommittee.

1109.2 Each task group shall receive from the Office of Criminal Justice Plans and Analysis staff specific recommendations on which subgrant applications best implement the funded strategies contained in the Board-adopted Plan. Staff recommendations shall include reasons for rejection of any applications not being recommended for approval.

1109.3 Each subcommittee shall follow the priorities set by the JJAG for that year unless the task group can demonstrate to the satisfaction of the JJAG that conditions in the functional area have materially changed since the adoption of the Plan so as to alter the overall priority of a given program area.

1109.4 In those instances where there is an absence of acceptable applications to address one (1) or more of the identified priorities in a functional area, the subcommittee may petition the JJAG to apportion the funds to another program area or problem.

1109.5 The JJAG may refer the matter of the disposition of unallocated funds to the Executive Committee for subsequent recommendation to the JJAG and the Criminal Justice Supervisory Board.

History

SOURCE: Final Rulemaking published at 27 DCR 1121, 1129-30 (March 14, 1980).

28 DCMR § 1110 ACTION ON FUNDING APPLICATIONS

1110.1 When motions to recommend the funding of applications are made on a program area or individual application basis, a subcommittee member shall abstain from voting if the motion includes an application submitted by the agency or organization the member officially represents or for which he or she serves in a policy-making capacity.

1110.2 Subcommittee members shall abstain from voting on motions to approve the funding of applications submitted by an agency or organization which the member officially represents or for which he or she serves in a policy-making capacity.

1110.3 Each recommended rejection of an application shall be subject to approval by the JJAG and shall be clearly stated in writing and supported by a detailed explanation of the reasons for which the application was disapproved.

1110.4 In those instances in which the JJAG votes to disapprove an application which the subcommittee recommended for approval, the JJAG shall articulate specific reasons for the rejection.

1110.5 In instances where applications for grant support are filed with the Office of Criminal Justice Plans and Analysis after the established and publicly advertised closing date for applications, the Director of the Office of Criminal Justice Plans and Analysis shall formally reject the late applications, given notice of rejection to the subcommittee to which the application would normally have been referred and inform the JJAG at its next scheduled meeting.

1110.6 Exceptions to the provisions of § 1110 5 shall be left to the discretion of the Director of the OCJPA.

1110.7 The JJAG shall recommend a duration of grant support for an individual project or activity in keeping with the continued priority of that activity. In no instance shall the project's support under the grant exceed three (3) years or thirty-six (36) months of funding from the date the project becomes operational.

1110.8 The Director of the Office of Criminal Justice Plans and Analysis shall inform the JJAG in writing on a quarterly basis of all grants which have failed to commence project operations under the grant within sixty (60) days of the acceptance of the award. The reports shall include, where warranted, staff recommendations to terminate the project.

1110.9 Any project which has not commenced operations within ninety (90) days of the date of the acceptance of the grant award and which has failed to provide substantial explanation shall be notified by the Director of the Office of Criminal Justice Plans and Analysis that the matter of terminating the project's funding shall be before the JJAG at the next meeting.

History

SOURCE: Final Rulemaking published at 27 DCR 1121, 1130-31 (March 14, 1980).

28 DCMR § 1111 [RESERVED]

28 DCMR § 1112 [RESERVED]

28 DCMR § 1113 [RESERVED]

28 DCMR § 1114 [RESERVED]

28 DCMR § 1115 SUBGRANT APPLICATION APPEALS

1115.1 Each applicant for an action grant under the provision of the Omnibus Crime Control and Safe Streets Act of 1968, as amended (currently referred to as the Crime Control Act of 1973), or under the Juvenile Justice Delinquency Prevention Act of 1974, who has been denied all or a discernable portion of the funds requested to conduct a project for which funds are available, shall be entitled to appeal to the Criminal Justice Supervisory Board or to an Appeals Committee of the Board, the decision on his or her application.

1115.2 The Office of Criminal Justice Plans and Analysis shall notify each applicant in writing when an application has been denied, or denied and deferred, and the reasons for the action.

1115.3 Notification shall be generally consistent with requirements set forth in § 303(9)(15) of the Crime Control Act of 1973.

History

SOURCE: Final Rulemaking published at 27 DCR 1121, 1132 (March 14, 1980).

28 DCMR § 1116 TERMINATION AND WITHHOLDING OF FUNDS APPEALS

1116.1 Each grantee of an action grant under the provisions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended in 1970 and 1973 (currently referred to as the Crime Control Act of 1973), or under the Juvenile Justice Delinquency Prevention Act of 1974, who has had funds withheld or has had a project terminated for non-compliance shall be entitled to appeal to the Criminal Justice Supervisory Board the decision on his or her project.

1116.2 The Office of Criminal Justice Plans and Analysis shall notify each grantee in writing when a subgrant is being terminated or funds being withheld for non-compliance, and shall provide the subgrantee with a set of appeal procedures.

History

SOURCE: Final Rulemaking published at 27 DCR 1121, 1132 (March 14, 1980).

28-12 COMMUNITY RESIDENCE FACILITIES COMPLAINTS

28 DCMR § 1200 GENERAL PROVISIONS

1200.1 The purpose of this chapter shall be to provide organizations, citizens, officials, and residents with a mechanism for filing complaints of a non-criminal nature about community-based programs for alleged or adjudicated Persons in Need of Supervision (PINS), delinquent offenders, or alleged or convicted adult offenders (also referred to in this chapter as "court-involved persons"). These procedures are intended to ensure the timely investigation and review of complaints.

1200.2 The provisions of this chapter shall provide a clearinghouse for monitoring the extent and nature of non-criminal complaints about community-based residential facilities for court involved persons, and a mechanism to ensure that non-criminal investigations involving multiple District agencies are conducted in a timely, responsive, and coordinated fashion.

1200.3 The procedures set forth in this chapter shall apply to complaints received by the Office of Criminal Justice Plans and Analysis (also referred to in this chapter as the "OCJPA") concerning publicly or privately operated community-based residential facilities housing District court involved persons. OCJPA shall maintain a listing of all of this type of facility known to the District government and the listing shall be available for public review.

1200.4 Complaints concerning facilities housing District residents located outside of the District shall be accepted and pursued in cooperation with the appropriate jurisdiction.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is Mayor's Order 79-172, dated July 30, 1979.
SOURCE: Final Rulemaking published at 27 DCR 1107 (March 14, 1980).

28 DCMR § 1201 RECEIPT OF COMPLAINTS

1201.1 OCJPA shall accept any non-criminal complaint concerning community-based residential facilities for court involved persons.

1201.2 Complaints shall be accepted by telephone or in writing.

1201.3 Complaints shall specify the location of the facility and the nature of the complaint.

1201.4 Complainants shall be encouraged to identify themselves and provide an address and phone number for subsequent contact.

1201.5 Anonymous complaints shall be accepted and reviewed.

1201.6 Written and phone complaints may be submitted during working hours (Monday through Friday, 8:00 a.m. - 5:30 p.m.) to the Executive Director of the D.C. Office of Criminal Justice Plans and Analysis, 421 8th Street, N.W., Second Floor, Washington, D.C. 20004. The telephone number is (202) 727-6537.

1201.7 Complainants who have identified themselves shall be sent a written verification of complaint receipt within forty-eight (48) hours.

1201.8 OCJPA shall initially determine whether or not the complaint is emergency in nature. Complaints determined to be emergencies shall receive expedited review.

1201.9 A record of all complaints received shall be maintained at OCJPA and shall be published quarterly.

1201.10 Quarterly publication shall not preclude the withholding of information to the extent necessary to preserve individual privacy interests and to preserve the integrity of investigations that may be conducted by the Metropolitan Police Department on referred complaints.

1201.11 The Metropolitan Police Department shall provide to OJCPA copies of all public reports prepared by members of the Department concerning criminal and non-criminal incidents occurring in or around community-based residential facilities for court involved persons. OCJPA shall maintain these reports along with other complaint files and shall include them in quarterly summary and status reports.

History

SOURCE: Final Rulemaking published at 27 DCR 1107-1108 (March 14, 1980).

28 DCMR § 1202 COMPLAINT REVIEW

1202.1 Within forty-eight (48) hours of receipt of a complaint, OCJPA shall make an initial determination about the nature of the complaint and the appropriate District agency or agencies that should be involved in investigating the complaint.

1202.2 Complaints which on their face or which, after initial investigation, appear to indicate evidence of criminal misconduct shall be immediately forwarded to the Chief of Metropolitan Police Department for the commencement of a formal criminal investigation. OCJPA records shall reflect that the case was transferred to the Police Department for appropriate follow-up and disposition.

1202.3 The Metropolitan Police Department shall inform OCJPA of the status and disposition of any cases transferred under this section.

1202.4 Alleged criminal misconduct not resulting in a formal charge and subsequent prosecution may be pursued by OCJPA if, in the opinion of the complainant, OCJPA, or other official the complaint may require a non-criminal administrative remedy.

1202.5 Complaints involving the physical structure of surrounding physical environment of community-based residential facilities for court involved persons shall be referred by OCJPA to the responsible District agency for appropriate action. OCJPA shall monitor the status and disposition of referrals and, when necessary, shall request expedited review and action.

1202.6 A record of all agency action on and disposition of referred non-criminal physical complaints shall be maintained by OCJPA and be available for public review.

History

SOURCE: Final Rulemaking published at 27 DCR 1107, 1108-09 (March 14, 1980).

28 DCMR § 1203 INVESTIGATIONS

1203.1 Complaints not involving criminal misconduct or physical structure shall be investigated by OCJPA.

1203.2 At a minimum, OCJPA staff shall, independently or in cooperation with other District representatives, interview the complainant, the Director, and staff of the facility involved.

1203.3 When the facility is operated by or funded through the District government, the supervisors or contracting officers responsible for the facility shall also be interviewed.

1203.4 Other interested parties shall be consulted when deemed necessary by OCJPA staff.

1203.5 Privately operated facilities not supported by District funds about which complaints are received shall be asked to voluntarily participate in the OCJPA investigation.

1203.6 Agencies refusing voluntary participation shall be recorded and noted in quarterly summary and status reports.

1203.7 A preliminary investigation report for all non-criminal and non-physical complaints shall be prepared by OCJPA within fifteen (15) working days of complaint receipt.

1203.8 The preliminary report shall be made available to the complainant, the program, and appropriate District offices. The report shall include OCJPA findings concerning the validity of the complaint and suggested remedies or dispositions.

1203.9 When, in the opinion of OCJPA, additional time is required for further investigation, a recommendation for additional time for investigation shall be included in the preliminary report.

History

SOURCE: Final Rulemaking published at 27 DCR 1107, 1109 (March 14, 1980).

28 DCMR § 1204 FINDINGS AND REPORTS

1204.1 OCJPA may convene a meeting of involved parties to discuss the preliminary findings and recommended remedies or dispositions.

1204.2 A final report on the disposition and any recommended action on non-criminal complaints shall be forwarded to the City Administrator within thirty (30) days of issuance of the preliminary report, or upon completion of the investigation if the investigation takes longer than fifteen (15) days.

1204.3 In cases where OCJPA has determined that a non-criminal complaint is emergency in nature (jeopardizing the immediate health or well being of clients, staff, or residents in the vicinity of the facility), OCJPA shall expedite its review and investigation, and shall complete preliminary and final reports on the issue in the least possible time.

History

SOURCE: Final Rulemaking published at 27 DCR 1107, 1109-1110 (March 14, 1980).

28 DCMR § 1205 IMPLEMENTATION OF FINDINGS

1205.1 In all cases where a non-criminal complaint is determined to be valid and suggested remedies involve administrative, procedural, or other actions by District agencies, OCJPA shall monitor the implementation of that action and shall report regularly to the City Administrator on progress toward and implementation of the action.

1205.2 Until programmatic standards have been adopted legislatively or administratively by the District government for community-based residential facilities for court involved persons, OCJPA shall use as guides in its investigations nationally promulgated standards for community-based residential facilities including (but not limited to) the standards of the American Correctional Association, American Bar Association, National Juvenile Justice Standards Project, and National Advisory Commission on Criminal Justice Standards and Goals.

1205.3 OCJPA shall reserve the option to obtain, or recommend in preliminary findings that special expertise be obtained, to assess quality of care issues or special programmatic controversies.

1205.4 Rationale for special assistance and for the reference to or use of any nationally established programmatic standards in reaching investigative conclusions shall be detailed by OCJPA in preliminary reports and shall be available for the review of involved parties, the City Administrator, and the general public.

History

SOURCE: Final Rulemaking published at 27 DCR 1107, 1110 (March 14, 1980).

28 DCMR § 1206 REVIEW AND STATUS REPORTS

1206.1 Within twelve (12) months of the implementation of the procedures set forth in this chapter, OCJPA shall publish a full status report on all activities occurring in regard to complaints concerning community residential facilities for court involved persons.

1206.2 In addition to the published quarterly status summaries, the report required by this section shall serve as the basis for evaluating the complaint procedures set forth in this chapter and amending or altering them.

History

SOURCE: Final Rulemaking published at 27 DCR 1107, 1110 (March 14, 1980).

28-20 JUDICIAL DISABILITIES AND TENURE

28 DCMR § 2000 COMMISSION ON JUDICIAL DISABILITIES AND TENURE

The Commission on Judicial Disabilities and Tenure (also referred to in this chapter as "the Commission") is established and shall be operated in accordance with the provisions of the D.C. Court Reform and Criminal Procedure Act of 1970, effective July 29, 1970 (84 Stat. 473, 91 Pub. L. 91-358; D.C. Official Code, §§ 11-1521, et seq.).

The Chairperson of the Commission shall be elected annually by the members of the Commission from among the members of the Commission.

The Commission may select a Vice Chairperson and other officers as the Commission, from time to time, may deem appropriate.

The Chairperson shall preside at each meeting of the Commission.

Officers, special counsel, and other personnel who are selected by the Commission shall perform the duties assigned to them by the Commission.

The Commission may retain medical or other experts to assist it.

History

SOURCE: Final Rulemaking published at 24 DCR 9391, 9395 (May 5, 1978); as amended by Final Rulemaking published at 37 DCR 6032 (September 14, 1990); as amended by Final Rulemaking published at 39 DCR 9333 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); as amended by Final Rulemaking published at 64 DCR 6302 (July 7, 2017). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 2000

28 DCMR § 2001 TRANSACTION OF COMMISSION BUSINESS

The Commission shall act only at a meeting. The actions of the Commission may be implemented by any appropriate means directed by the Commission.

Meetings of the Commission shall be held at times agreed upon by the members of the Commission, or upon call by the Chairperson, or by a majority of the members of the Commission and after notice to all members of the Commission.

Minutes shall be kept of each meeting of the Commission. The minutes shall record the names of those present, the actions taken, and any other matters that the Commission may deem appropriate.

A quorum for Commission action shall consist of four (4) members.

Commission action shall be taken only upon concurrence of four (4) members; Provided, that the concurrence of five (5) members shall be required to suspend a judge from all or part of his or her judicial duties pursuant to § 432(c)(3) of the Self-Government Act.

The Chairperson, Vice Chairperson, Acting Chairperson, or a member designated by one of them may carry out the routine of Commission business (such as the granting of postponements pursuant to this chapter, authorization of preliminary inquiry into complaints or information regarding a judge's conduct or health, and authorization of informal and non-determinative communications with a judge or the judge's counsel).

2001.7 A member shall disqualify himself or herself from consideration of matters before the Commission in the following circumstances:

When involved as a litigant or an attorney in a proceeding pending before a judge who is both the subject of and is aware of a complaint before the Commission;

When involved as a litigant or attorney in a proceeding pending before an associate judge seeking reappointment, a retiring judge requesting a favorable recommendation for appointment as a senior judge, or a senior judge seeking favorable recommendation for reappointment to senior status.

History

SOURCE: Final Rulemaking published at 24 DCR 9391 (May 5, 1978); as amended by Final Rulemaking published at 37 DCR 6032 (September 14, 1990); as amended by Final Rulemaking published at 39 DCR 9333 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); as amended by Final Rulemaking published at 64 DCR 6302 (July 7, 2017). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 2001

28 DCMR § 2002 PHYSICAL EXAMINATIONS AND MEDICAL INFORMATION

At the Commission's request, a judge shall submit to a physical and/or mental examination by a health care professional designated by the Commission after consultation with the judge. The examination and report shall be made at the judge’s expense, unless the Commission grants a waiver based on extraordinary circumstances. Such examination is a condition of continued judicial service.

The physician's report shall be given in writing to the Commission.

At the Commission's request, a judge shall provide the Commission with all waivers and releases necessary to authorize the Commission to receive all medical records, reports, and information from any medical person, medical institution, or other facility regarding the judge's physical or mental condition.

The failure of a judge to submit to a physical or mental examination or to provide waivers and releases required under this section shall be considered by the Commission adversely to the judge.

Copies of all medical records, reports, and information received by the Commission shall be provided to the judge at his or her request.

History

SOURCE: Final Rulemaking published at 24 DCR 9391 (May 5, 1978); as amended by Final Rulemaking published at 37 DCR 6032 (September 14, 1990); as amended by Final Rulemaking published at 39 DCR 9333 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); as amended by Final Rulemaking published at 64 DCR 6302 (July 7, 2017); as amended by Final Rulemaking published at 66 DCR 12406 (September 20, 2019). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 2002

28 DCMR § 2003 ANNUAL FINANCIAL REPORTS

2003.1 Each judge of the District of Columbia Courts shall file an Annual Financial Report with the Commission disclosing personal financial interests for the preceding calendar year, in accordance with D.C. Code § 11-1530, as amended. Annual Financial Reports shall be made on forms provided by the Commission and are due on or before the first Monday in June of each year.

2003.2 The Commission from time to time may require a judge to provide information to supplement the Annual Financial Report filed.

2003.3 The public may request access to Annual Financial Reports in accordance with the Rules herein.

2003.4 The Commission’s responsibility for monitoring public requests for inspection or release of copies of Annual Financial Reports includes the following:

The Commission will grant or deny requests for inspection or release of copies of Annual Financial Reports in accordance with D.C. Code § 11-1530, as amended, and the Commission’s Rules. The Commission will provide additional guidance if questions arise that are not covered in these Rules.

At the Commission’s discretion, the Commission will grant or deny a judge’s request for the redaction of statutorily mandated information where the release of the information could endanger a judge or a member of the judge’s family.

The Commission will not permit public access to any Annual Financial Report unless all Annual Financial Reports due for a calendar year have been received. If judicial requests for extension of time for filing reports have been approved by the Commission, none of the Annual Financial Reports for that calendar year will be available until all extension deadlines have expired and all Reports have been received and accepted by the Commission.

2003.5 The Commission will not allow the inspection or release of any Annual Financial Report until: (i) requester has filed a completed CJDT Form 10A and any supplemental information requested by the Commission; (ii) the Commission has approved the requester’s CJDT Form 10A; and (iii) written notice has been given to the judge as required by statute and the Commission’s Rules.

2003.6 All requesters who seek to inspect or receive a copy of an Annual Financial Report must submit a completed CJDT Form 10A to the Commission, as well as any supplemental information requested by the Commission. The CJDT Form 10A is available on the Commission’s website. The Form must contain the following information:

A list of the judges whose Reports are being requested;

The requester’s name, occupation, telephone number, e-mail, and mailing address;

The names and addresses of any other persons or organizations on whose behalf the inspection or copy is requested;

Written confirmation that the information provided is true, accurate, and complete; and

Written confirmation that the requester will comply with any conditions or limitations the Commission deems necessary regarding access to and use of the Annual Financial Report.

2003.7 No reports will be released to any individual who fails to complete a CJDT Form 10A or provide supplemental information requested by the Commission.

2003.8 Upon receipt of a request for public access to a judge’s Annual Financial Report(s) and a completed CJDT Form 10A, the Commission will notify the judge in writing within five (5) business days of the request. The Commission will provide the judge with a copy of the requester’s CJDT Form 10A and allow the judge an opportunity to raise any concerns or request redactions. Absent an approved request for an extension of time, the judge will have ten (10) days from receipt of the Commission’s notification to respond.

2003.9 Requesters will be notified in writing of the Commission’s decision to grant or deny a request for inspection or release of Annual Financial Reports.

If the Commission grants public access to Annual Financial Reports, the requester will be informed of the Commission’s decision, how the report will be provided, and any limitations or requirements the Commission has imposed including but not limited to redactions.

If the Commission grants public access by inspection only, the inspection shall occur in the Commission’s office by appointment and subject to any limitations or requirements the Commission has imposed. Appointments must be made at least five (5) business days in advance.

2003.10 A judge may request redaction of his or her Annual Financial Report if the judge believes that revealing personal and sensitive information could directly or indirectly endanger the judge or a family member of the judge if such information was disclosed to a person(s) hostile to the judge or a member of the judge’s family.

The process for determining whether redaction is appropriate is as follows:

A judge may request redaction(s) either: (i) at the time of the filing of his or her Annual Financial Report; or (ii) upon notification by the Commission that a public request for access and CJDT Form 10A has been received.

The judge must state with specificity: (i) the information to be redacted; and (ii) the reasons justifying redaction. These reasons may include but are not limited to:

The needs of an ongoing protective detail provided by the United States Marshals Service or the D.C. Courts Security Division;

Threats, inappropriate communications, or other conduct that is under review or being monitored for security reasons;

Involvement in a high threat trial or appeal;

Financial harassment of a judge or a member of the judge’s family, such as identity theft, or information that could facilitate such financial harassment; or

Information that could endanger the judge or a member of the judge’s family, directly or indirectly, if possessed by a member of the public hostile to the judge or a member of the judge’s family.

If the Commission makes a finding that revealing personal and sensitive information could directly or indirectly endanger the judge or a family member of the judge, the Commission may order the redaction of the judge’s Annual Financial Report.

Information shall be redacted from the Report in accordance with such findings to the extent necessary to protect the judge who filed the Report and his or her family.

Such redactions shall be maintained for the period during which the Annual Financial Report is maintained by the Commission or as long as the danger to the judge or a family member of the judge exists.

No redactions will be granted that eliminate disclosure of the existence of an interest in an entity that would disqualify the judge from serving as a judge in litigation involving that entity, unless disclosure of that interest would reveal the location of a residence of the judge or a member of the judge’s family, reveal the place of employment of the judge or a member of the judge’s family.

The Commission may also, on its own accord based on information provided by the judge, determine that public dissemination of certain information in the Annual Financial Report could endanger the judge or a member of the judge’s family directly or indirectly, and order such redactions it deems appropriate. For example, to minimize security risks, the Commission may:

Redact information not required by statute including but not limited to:

Spouse’s and dependents’ names;

Home addresses;

Social security numbers;

Financial account and bank account numbers;

Street addresses of personal properties, financial institutions, and business properties;

Ownership codes; and

Judge’s signature.

The Commission staff will notify a judge in writing when an Annual Financial Report is released or inspected and provide the judge with a copy of the released report with any redactions. The staff will maintain a copy of the redacted material for as long as the original Annual Financial Report is maintained.

A judge’s request for redaction and its supporting documents, except for copies of the Annual Financial Report and any amendments thereto, are considered confidential and will only be used to determine whether to grant a request for redaction.

The Commission will make approved CJDT Form 10As available for public inspection for a three (3) year period but in any event no longer than the retention period for the Annual Financial Report(s) requested.

Annual Financial Reports filed with the Commission shall be maintained for a period of three (3) years after filing as required by D.C. Code § 11-1530(c).

History

SOURCE: Final Rulemaking published at 24 DCR 9391 (May 5, 1978); as amended by Final Rulemaking published at 37 DCR 6032 (September 14, 1990); as amended by Final Rulemaking published at 39 DCR 9333 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); as amended by Final Rulemaking published at 64 DCR 6302 (July 7, 2017); as amended by Final Rulemaking published at 71 DCR 003224 (March 22, 2024). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 2003

28 DCMR § 2004 COMPLAINTS

2004.1 Subject to the confidentiality provisions of § 2044, the Commission may receive information or a complaint from an individual or an organization regarding a judge's conduct or health.

History

SOURCE: Final Rulemaking published at 24 DCR 9391 (May 5, 1978); as amended by Final Rulemaking published at 34 DCR 2190 (April 3, 1987); as amended by Final Rulemaking published at 37 DCR 6032 (September 14, 1990); as amended by Final Rulemaking published at 39 DCR 9333 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); as amended by Final Rulemaking published at 64 DCR 6302 (July 7, 2017). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 2004

28 DCMR § 2005 PRECEDENTS

The provisions of this section shall apply to determinations by the Commission of grounds for removal under § 432(a)(2) of the Self-Government Act, and to evaluations by the Commission of judges who are candidates for reappointment for a fifteen (15) year term as an associate judge, or initial appointment or reappointment as a senior judge.

Each judge shall be deemed to be on notice of the following, provided, that copies of the decisions, evaluations, reports, or communications have been shared by the Commission with the Chief Judge of each court:

The Commission's decisions in proceedings or other public determinations, actions, or statements by the Commission;

The Commission's evaluations of judges who have been candidates for reappointment;

The annual reports of the Commission; and

Any other communication by the Commission to either of the Chief Judges of the courts of the District of Columbia specifying that the judges are to take notice of the communication.

Expressions by the Commission in the decisions, evaluations, and communications listed in § 2005.2 shall be considered pertinent precedent to be taken into account by the Commission and judges.

Each judge shall be deemed to be on notice of provisions promulgated by the Advisory Committee on Judicial Activities of the Judicial Conference of the United States regarding the Code of Judicial Conduct for United States Judges. Each judge shall also be on notice of the advisory opinions of the District of Columbia Courts’ Advisory Committee on Judicial Conduct.

Insofar as the opinions of the Advisory Committee on Judicial Activities deal with provisions of the Code of Judicial Conduct that are similar to requirements applicable to judges of District of Columbia courts, the Commission shall regard them as persuasive.

History

SOURCE: Final Rulemaking published at 24 DCR 9391 (May 5, 1978); as amended by Final Rulemaking published at 37 DCR 6032 (September 14, 1990); as amended by Final Rulemaking published at 39 DCR 9333 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); as amended by Final Rulemaking published at 64 DCR 6302 (July 7, 2017); as amended by Final Rulemaking published at 66 DCR 12406 (September 20, 2019); as amended by Final Rulemaking published at 71 DCR 003224 (March 22, 2024). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 2005

28 DCMR § 2006 [RESERVED]

History

SOURCE: Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007).

28 DCMR § 2007 [RESERVED]

History

SOURCE: Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007).

28 DCMR § 2008 [RESERVED]

History

SOURCE: Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007).

28 DCMR § 2009 [RESERVED]

History

SOURCE: Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007).

28 DCMR § 2010 INVESTIGATIONS

2010.1 The Commission may investigate to determine whether a proceeding should be instituted on charges of misconduct, failure to perform judicial duties, or disability, upon receiving information regarding the following by complaint or otherwise:

That a judge may have been guilty of willful misconduct in office or willful and persistent failure to perform his or her judicial duties; or

That a judge engaged in other conduct prejudicial to the administration of justice or which brings the judicial office into disrepute; or

That a judge may have a mental or physical disability (including habitual intemperance) which is or is likely to become permanent and which prevents, or seriously interferes with, the proper performance of his or her judicial duties.

2010.2 The investigation may be carried out in a manner that the Commission deems appropriate, including the taking of evidence at Commission meetings or by deposition.

2010.3

(a) A respondent judge shall cooperate with the Commission in the course of its investigation and shall, within such reasonable time as the Commission may require, respond to any inquiry concerning the conduct of the judge, whether the questioned conduct occurred during the course of a concluded case or matter, a pending case or matter or in an extrajudicial context. The failure or refusal of the judge to respond may be considered a failure to cooperate.

(b) The failure or refusal of a judge to cooperate in an investigation, or the use of dilatory practices, frivolous or unfounded responses or argument, or other uncooperative behavior may be considered a violation of Canon 1 of the Code of Judicial Conduct and, therefore, an independent ground for disciplinary action.

2010.4 After investigation, if the Commission determines that a proceeding should not be instituted, the Commission shall so inform the judge if he or she was previously informed of the pendency of the complaint by either the complainant or the Commission and shall give notice to the complainant either that there is insufficient cause to proceed or that the complaint poses a legal issue over which the Commission has no jurisdiction, as appropriate.

History

SOURCE: Final Rulemaking published at 24 DCR 9391 (May 5, 1978); as amended by Final Rulemaking published at 37 DCR 6032 (September 14, 1990); as amended by Final Rulemaking published at 39 DCR 9333 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); as amended by Final Rulemaking published at 64 DCR 6302 (July 7, 2017). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 2010

28 DCMR § 2011 NOTICE OF A PROCEEDING

If, after investigation, the Commission determines that a proceeding is warranted, the Commission, except for good reason, shall notify the judge of its determination.

If immediately requested by a judge who has been notified under § 2011.1, the Commission, or a member of the Commission, or a special counsel may, if the circumstances warrant, confer with the judge for the purpose of considering whether the matter may be disposed of without a proceeding.

If the matter is disposed of without a proceeding, notice shall be given to the complainant that the matter has been resolved.

If notification under § 2011.1 is not given or, if given, if a disposition without a proceeding does not result, the Commission shall issue a written notice to the judge advising him or her of the institution of a proceeding to inquire into the charges.

Each proceeding shall be titled as follows:

BEFORE THE DISTRICT OF COLUMBIA COMMISSION

ON JUDICIAL DISABILITIES AND TENURE

Inquiry Concerning A Judge, No. _____________

The notice of proceeding shall specify concisely the charges and the

alleged basis for the charges, and shall advise the judge of the following rights:

The right to counsel; and

The right to file a written answer to the notice within twenty (20) days after service of the notice.

The notice shall be served by personal service upon the judge.

If it appears to the Chairperson of the Commission upon affidavit that, after reasonable effort for a period of ten (10) days, personal service could not be made, service may be made upon the judge by mailing the notice by registered or certified mail, addressed to the judge at his or her chambers

or at his or her last known residence.

History

SOURCE: Final Rulemaking published at 24 DCR 9391 (May 5, 1978); as amended by Final Rulemaking published at 37 DCR 6032 (September 14, 1990); as amended by Final Rulemaking published at 39 DCR 9333 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); as amended by Final Rulemaking published at 64 DCR 6302 (July 7, 2017). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 2011

28 DCMR § 2012 OFFICIAL RECORD

2012.1 The Commission shall keep a complete record of each proceeding.

History

SOURCE: Final Rulemaking published at 24 DCR 9391 (May 5, 1978); as amended by Final Rulemaking published at 37 DCR 6032 (September 14, 1990); as amended by Final Rulemaking published at 39 DCR 9333 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); as amended by Final Rulemaking published at 64 DCR 6302 (July 7, 2017). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 2012

28 DCMR § 2013 ANSWER AND HEARING DATE

2013.1 Within twenty (20) days after service of a notice of proceeding, the judge may file an answer with the Commission.

2013.2 Upon the filing of an answer, unless good reason to the contrary appears in the answer, or if no answer is filed within the time for its filing, the Commission shall order a hearing to be held before it concerning the matters specified in the notice of proceeding.

2013.3 The Commission shall set a time and place for the hearing and shall mail a notice of the hearing time and place to the judge by registered or certified mail addressed to the judge at his or her chambers at least thirty (30) days prior to the date set.

2013.4 The Chairperson may extend the time either for filing an answer or for the commencement of a hearing for periods not to exceed thirty (30) days in the aggregate.

2013.5 The notice of proceeding and the answer shall constitute the pleadings. No further pleadings or motions shall be filed.

2013.6 The judge shall include in the answer all procedural and substantive defenses and challenges which the judge desires the Commission to consider.

2013.7 The Commission may rule on the defenses and challenges at the outset of the hearing or may take them under advisement to be determined during,

at the close of, or at a time subsequent to the hearing.

History

SOURCE: Final Rulemaking published at 24 DCR 9391 (May 5, 1978); as amended by Final Rulemaking published at 37 DCR 6032 (September 14, 1990); as amended by Final Rulemaking published at 39 DCR 9333 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); as amended by Final Rulemaking published at 64 DCR 6302 (July 7, 2017). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 2013

28 DCMR § 2014 AMENDMENT OF NOTICE OF PROCEEDING

2014.1 The Commission at any time prior to its final decision in a proceeding may amend the notice of proceeding to conform to proof or otherwise.

2014.2 The judge shall be given a reasonable time to answer an amendment and to present his or her defense against any matter charged in an amendment.

History

SOURCE: Final Rulemaking published at 24 DCR 9391 (May 5, 1978); as amended by Final Rulemaking published at 37 DCR 6032 (September 14, 1990); as amended by Final Rulemaking published at 39 DCR 9333 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); as amended by Final Rulemaking published at 64 DCR 6302 (July 7, 2017). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 2014

28 DCMR § 2015 HEARINGS

2015.1 At the time and place set for hearing, the Commission shall proceed with

the hearing whether or not the judge has filed an answer or appears at the

hearing.

2015.2 The failure of the judge to answer or to appear at the hearing shall not,

standing alone, be taken as evidence of the truth of facts alleged to

constitute grounds for removal or involuntary retirement.

2015.3 The hearing shall be held before the Commission.

2015.4 Evidence at a hearing shall be received only when a quorum of the

Commission is present.

2015.5 A verbatim record of each hearing shall be kept.

History

SOURCE: Final Rulemaking published at 24 DCR 9391 (May 5, 1978); as amended by Final Rulemaking published at 37 DCR 6032 (September 14, 1990); as amended by Final Rulemaking published at 39 DCR 9333 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); as amended by Final Rulemaking published at 64 DCR 6302 (July 7, 2017). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 2015

28 DCMR § 2016 PROCEDURAL RIGHTS OF JUDGES

2016.1 In a proceeding the judge shall be admitted to all hearing sessions.

2016.2 A judge shall be given every reasonable opportunity to defend himself or

herself against the charges, including the introduction of evidence,

representation by counsel, and examination and cross-examination of

witnesses.

2016.3 A judge shall have the right to the issuance of subpoenas for attendance of

witnesses at the hearing to testify or produce material evidentiary matter.

2016.4 A copy of the hearing record of a proceeding shall be provided to the

judge at the expense of the Commission.

2016.5 If it appears to the Commission at any time during a proceeding that the

judge is not competent to act for himself or herself, the Commission shall

seek the appointment of a guardian ad litem unless the judge has a legal

representative who will act for him or her.

2016.6 The guardian ad litem or legal representative may exercise any right and

privilege and make any defense for the judge with the same force and

effect as if exercised or made by the judge, if he or she were competent.

Whenever the provisions of this chapter provide for notice to the judge,

that notice shall be given to the guardian ad litem or legal representative.

History

SOURCE: Final Rulemaking published at 24 DCR 9391 (May 5, 1978); as amended by Final Rulemaking published at 37 DCR 6032 (September 14, 1990); as amended by Final Rulemaking published at 39 DCR 9333 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); as amended by Final Rulemaking published at 64 DCR 6302 (July 7, 2017). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 2016

28 DCMR § 2017 OATHS OR AFFIRMATIONS

2017.1 Each witness who appears before the Commission in an investigation or proceeding shall swear or affirm to tell the truth and not to disclose the nature of the investigation or of the proceeding or the identity of the judge involved unless or until the matter is no longer confidential under the provisions of this chapter.

2017.2 The provisions of § 2017.1 shall apply to witnesses at Commission meetings or testifying by deposition. Individuals interviewed by a member of the Commission or its staff shall be requested to keep the matter confidential.

2017.3 Each member of the Commission shall be authorized to administer oaths or affirmations to all witnesses appearing before the Commission.

History

SOURCE: Final Rulemaking published at 24 DCR 9391 (May 5, 1978); as amended by Final Rulemaking published at 37 DCR 6032 (September 14, 1990); as amended by Final Rulemaking published at 39 DCR 9333 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); as amended by Final Rulemaking published at 64 DCR 6302 (July 7, 2017). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 2017

28 DCMR § 2018 SUBPOENAS AND ORDERS FOR INSPECTION OF DOCUMENTS

2018.1 In aid of any investigation or proceeding, the Commission may order and otherwise provide for the inspection of papers, books, records, accounts, documents, transcriptions, and other physical things, and may issue subpoenas for attendance of witnesses and for the production of papers, books, records, accounts, transcriptions, documents, or other physical things, and testimony.

2018.2 Whenever a person fails to appear to testify or to produce any papers, books, records, accounts, documents, transcriptions, or other physical things, as required by a subpoena issued by the Commission, the Commission may petition the United States District Court for the district in which the person may be found for an order compelling him or her to attend, testify, or produce the writings or things required by subpoena, pursuant to D.C. Official Code § 11-1527(c)(3).

History

SOURCE: Final Rulemaking published at 24 DCR 9391 (May 5, 1978); as amended by Final Rulemaking published at 37 DCR 6032 (September 14, 1990); as amended by Final Rulemaking published at 39 DCR 9333 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); as amended by Final Rulemaking published at 64 DCR 6302 (July 7, 2017). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 2018

28 DCMR § 2019 DEPOSITIONS

2019.1 The Commission may order the deposition of any person in aid of any investigation or proceeding.

2019.2 The deposition shall be taken in the form prescribed by the Commission, and shall be subject to any limitations prescribed by the Commission.

2019.3 To compel a deposition, the Commission may petition the Superior Court of the District of Columbia requesting an order requiring a person to appear and testify and to produce papers, books, records, accounts, documents, transcriptions, or other physical things before a member of the Commission or a special counsel or other officer designated by the Commission.

2019.4 The petition to the Superior Court shall state, without identifying the judge, the general nature of the pending matter, the name and residence of the person whose testimony or other evidence is desired, and any special directions the Commission may prescribe.

2019.5 Depositions shall be taken and returned in the manner prescribed by law for civil actions.

History

SOURCE: Final Rulemaking published at 24 DCR 9391 (May 5, 1978); as amended by Final Rulemaking published at 37 DCR 6032 (September 14, 1990); as amended by Final Rulemaking published at 39 DCR 9333 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); as amended by Final Rulemaking published at 64 DCR 6302 (July 7, 2017). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 2019

28 DCMR § 2020 GRANTS OF IMMUNITY

2020.1 Whenever a witness refuses, on the basis of his or her privilege against self-incrimination, to testify or produce papers, books, records, accounts, documents, transcriptions, or other physical things and the Commission determines that his or her testimony, or production of evidence, is necessary, it may order the witness to testify or to produce the evidence under a grant of immunity against subsequent use of the testimony or evidence, as prescribed by D.C. Official Code § 11-1527(c)(2).

History

SOURCE: Final Rulemaking published at 24 DCR 9391 (May 5, 1978); as amended by Final Rulemaking published at 37 DCR 6032 (September 14, 1990); as amended by Final Rulemaking published at 39 DCR 9333 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); as amended by Final Rulemaking published at 64 DCR 6302 (July 7, 2017). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 2020

28 DCMR § 2021 COMPENSATION OF WITNESSES

2021.1 Each witness, other than an officer or employee of the United States or the District of Columbia, shall receive for his or her attendance the fees prescribed by D.C. Official Code § 15-714 for witnesses in civil cases.

2021.2 All witnesses shall receive the allowances prescribed by D.C. Official Code § 15-714 for witnesses in civil cases.

History

SOURCE: Final Rulemaking published at 24 DCR 9391 (May 5, 1978); as amended by Final Rulemaking published at 37 DCR 6032 (September 14, 1990); as amended by Final Rulemaking published at 39 DCR 9333 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); as amended by Final Rulemaking published at 64 DCR 6302 (July 7, 2017). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 2021

28 DCMR § 2022 FINDINGS OF FACT AND DECISIONS

2022.1 Within ninety (90) days after the conclusion of the hearing or the conclusion of any reopened hearing in a proceeding, the Commission shall make written findings of fact, conclusions of law, and a determination regarding the conduct or health of the judge.

2022.2 The findings, conclusions, and determination shall be set forth in an order, as the Commission deems appropriate. A copy of the order shall be sent to the judge and his or her counsel, if any.

2022.3 If the Commission determines that grounds for removal or involuntary

retirement of the judge have been established and orders removal or retirement, the Commission shall file its decision, including a transcript of the entire record, with the District of Columbia Court of Appeals.

2022.4 If the Commission determines that grounds for removal or involuntary retirement of the judge have been established, but that removal or retirement should not be ordered, it shall include in its decision a statement of reasons for not so ordering, and, as it deems appropriate under the circumstances, shall order that the record of the proceeding either shall be made public or shall remain confidential.

2022.5 If the record of the proceedings remains confidential under § 2022.4, and if the judge within ten (10) days after a copy of the decision is sent to him or her requests that the record be made public, the Commission shall so order.

2022.6 If the record is to be made public, the Commission shall file its decision, including a transcript of the entire record, with the District of Columbia Court of Appeals.

2022.7 When a decision and transcript of the record are filed with the District of Columbia Court of Appeals pursuant to §§ 2022.3 or 2022.6, the Commission shall provide the judge with a copy of the entire record at the expense of the Commission except for those portions that it previously may have provided to him or her, and it shall notify the Chief Judge of the judge's court of its decision.

2022.8 If the Commission determines that grounds for removal or involuntary retirement of a judge have not been established, it shall ask the judge whether he or she desires the Commission to make public disclosure of information pertaining to the nature of its investigation, its hearing, findings, determination, or other facts related to its proceedings.

2022.9 If the judge, in writing, requests disclosure under § 2022.8, the Commission shall make the information available to the public except for the identity of an informant or complainant other than a witness at the hearing.

History

SOURCE: Final Rulemaking published at 24 DCR 9391 (May 5, 1978); as amended by Final Rulemaking published at 37 DCR 6032 (September 14, 1990); as amended by Final Rulemaking published at 39 DCR 9333 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); as amended by Final Rulemaking published at 64 DCR 6302 (July 7, 2017). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 2022

28 DCMR § 2023 CONVICTION OF A FELONY

2023.1 The Commission shall not file in the District of Columbia Court of Appeals an order of removal certifying the entry of a judgment of a criminal conviction, as provided in § 432(a)(1) of the Self-Government Act, without giving to the judge concerned at least ten (10) days’ notice of its intention to do so.

History

SOURCE: Final Rulemaking published at 24 DCR 9391 (May 5, 1978); as amended by Final Rulemaking published at 37 DCR 6032 (September 14, 1990); as amended by Final Rulemaking published at 39 DCR 9333 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); as amended by Final Rulemaking published at 64 DCR 6302 (July 7, 2017). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 2023

28 DCMR § 2024 [RESERVED]

History

SOURCE: Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007).

28 DCMR § 2025 [RESERVED]

History

SOURCE: Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007).

28 DCMR § 2026 [RESERVED]

History

SOURCE: Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007).

28 DCMR § 2027 [RESERVED]

History

SOURCE: Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007).

28 DCMR § 2028 [RESERVED]

History

SOURCE: Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007).

28 DCMR § 2029 [RESERVED]

History

SOURCE: Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007).

28 DCMR § 2030 EVALUATION OF ASSOCIATE JUDGE CANDIDATES FOR REAPPOINTMENT

Not less than six (6) months prior to the expiration of his or her term of

office, a judge seeking reappointment for a fifteen (15) year term as an associate judge shall file with the Commission a declaration in writing of candidacy for reappointment. If a declaration is not so filed by any judge, a vacancy shall result from the expiration of the term of office and shall be filled by appointment in accordance with D.C. Code Title 1 §1-204-33(a)-(c).

Judges shall be urged to file the declaration well in advance of the six (6) month minimum, and shall, if possible, file the declaration nine (9) months prior to the expiration of his or her term.

Contemporaneous with his or her declaration but not less than six (6) months prior to expiration of his or her term, the

candidate shall submit to the Commission a written statement, including

illustrative materials, reviewing the significant aspects of his or her

judicial activities and accomplishments that the judge believes may be helpful to the Commission in its evaluation of his or her candidacy. The written statement shall include, but is not limited to, a summary of the judge’s history of judicial appointments, calendar and committee assignments, training and education, speaking engagements, awards and accolades, community service activities, as well as illustrative materials that highlight the judge’s written and analytical skills.

All declarations, written submissions, and illustrative materials must be submitted electronically as directed by the Commission or its staff. Paper records will no longer be accepted.

Contemporaneous with his or her declaration, but not less than six (6) months prior to the expiration of his or her term, a judge seeking reappointment shall submit on forms provided by the Commission a report of an examination by a physician together with a statement of such physician which attests to the physical and mental fitness of the judge to perform his or her judicial duties.

When deemed appropriate by the Commission, a judge seeking reappointment shall submit to a physical and/or mental examination by a health care professional designated by the Commission after consultation with the judge. The physician’s report shall be given in writing to the Commission. Such examination and report shall be at the judge’s expense, unless the Commission grants a waiver based on extraordinary circumstances. Such examination is a condition of continued judicial service pending the Commission’s decision on the request for reappointment.

Contemporaneous with his or her declaration, or at the Commission’s request, a judge required to submit to an examination as prescribed in §§ 2030.5 or 2030.6 shall provide the Commission or its authorized designee with all waivers and releases necessary to consult with the health care professional and the judge’s physician and to authorize the Commission to receive all medical records, reports, and information from any medical person, medical institution or other facility regarding the judge's physical or mental condition.

The failure of a judge to submit to a physical or mental examination or to provide waivers and releases as required by §§ 2030.5, 2030.6, and 2030.7 may be considered by the Commission adversely to the judge.

Copies of all medical records, reports, and information received by the Commission shall be provided to the judge at his or her request.

History

SOURCE: Final Rulemaking published at 24 DCR 9391 (May 5, 1978); as amended by Final Rulemaking published at 34 DCR 2190-92 (April 3, 1987); as amended by Final Rulemaking published at 37 DCR 6032 (September 14, 1990); as amended by Final Rulemaking published at 39 DCR 9333 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); as amended by Final Rulemaking published at 64 DCR 6302 (July 7, 2017); as amended by Final Rulemaking published at 66 DCR 12406 (September 20, 2019); as amended by Final Rulemaking published at 71 DCR 003224 (March 22, 2024). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 2030

28 DCMR § 2031 EVALUATION STANDARDS

A judge declaring candidacy for reappointment shall be evaluated by the Commission through a review of the judge's performance and conduct during the judge's present term of office, as well as the judge’s physical and mental fitness and his or her ability to perform judicial duties.

The evaluation categories shall include the following:

Well Qualified – The Commission has determined the candidate's work product, legal scholarship, dedication, efficiency, and demeanor are exceptional, and the candidate's overall performance consistently reflects credit on the judicial system.

Qualified – The Commission has determined the candidate satisfactorily performs the judicial function and if there are negative traits, they are overcome by strong positive attributes.

Unqualified – The Commission has determined the candidate is unfit for further judicial service.

History

SOURCE: Final Rulemaking published at 24 DCR 9391 (May 5, 1978); as amended by Final Rulemaking published at 34 DCR 2190 (April 3, 1987); as amended by Final Rulemaking published at 37 DCR 6032 (September 14, 1990); as amended by Final Rulemaking published at 39 DCR 9333 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); as amended by Final Rulemaking published at 64 DCR 6302 (July 7, 2017); as amended by Final Rulemaking published at 71 DCR 003224 (March 22, 2024). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 2031

28 DCMR § 2032 COMMUNICATIONS FROM INTERESTED PERSONS

2032.1 The Commission will issue a public notice of the judge’s declared candidacy for reappointment, the Commission’s fitness review and the public comment period.

2032.2 The general public, the bar, court personnel, and other judges may communicate to the Commission, preferably in writing, any information they may have that is pertinent to the candidacy of a judge for renomination. The Commission will give consideration to all materials submitted as to the judge’s suitability for reappointment.

History

SOURCE: Final Rulemaking published at 24 DCR 9391 (May 5, 1978); as amended by Final Rulemaking published at 37 DCR 6032 (September 14, 1990); as amended by Final Rulemaking published at 39 DCR 9333 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); as amended by Final Rulemaking published at 64 DCR 6302 (July 7, 2017); as amended by Final Rulemaking published at 71 DCR 003224 (March 22, 2024). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 2032

28 DCMR § 2033 INTERVIEWS WITH INFORMED PERSONS

2033.1 Ordinarily the Commission shall interview the Chief Judge of the candidate's court.

2033.2 In addition, the Commission may seek pertinent information by interviews with others conducted by the full Commission, by one (1) or more members, or by special counsel or others of its staff.

History

SOURCE: Final Rulemaking published at 24 DCR 9391 (May 5, 1978); as amended by Final Rulemaking published at 37 DCR 6032 (September 14, 1990); as amended by Final Rulemaking published at 39 DCR 9333 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); as amended by Final Rulemaking published at 64 DCR 6302 (July 7, 2017); as amended by Final Rulemaking published at 71 DCR 003224 (March 22, 2024). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 2033

28 DCMR § 2034 DISCLOSURE OF TAX INFORMATION

At the Commission's request, the candidate shall execute all waivers and releases necessary for the Commission to secure tax information concerning him or her, including copies of tax returns.

The failure of a candidate to provide the waivers and releases required under § 2034.1 may be considered by the Commission adversely to the candidate.

Copies of all records received from the taxing authorities shall be provided to the candidate.

History

SOURCE: Final Rulemaking published at 24 DCR 9391 (May 5, 1978); as amended by Final Rulemaking published at 37 DCR 6032 (September 14, 1990); as amended by Final Rulemaking published at 39 DCR 9333 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); as amended by Final Rulemaking published at 64 DCR 6302 (July 7, 2017); as amended by Final Rulemaking published at 71 DCR 003224 (March 22, 2024). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 2034

28 DCMR § 2035 CONFERENCES WITH CANDIDATES

At the Commission's request, the candidate shall confer with the Commission in person and in private on reasonable notice.

At the candidate's request, the Commission shall confer with him or her in person and in private on reasonable notice.

At any conference with the candidate, the Commission may allow attendance by one (1) or more special counsel or others of its staff. The candidate may be accompanied by counsel.

All members of the Commission shall endeavor to be present at any conference with a candidate, but the failure of a member to attend shall not prevent the Commission member from participating in the Commission's evaluation.

If the Commission has information which, if uncontroverted, the Commission feels would raise a substantial doubt that the candidate is at least qualified, it shall inform the candidate of the nature of the questions raised.

To the extent feasible, subject to the limitations of §§ 2004 and 2036, the Commission shall provide to the candidate in summary form the basis for doubt under § 2035.5.

Prior to concluding its evaluation, the Commission shall afford the candidate a reasonable opportunity to confer with it, in accordance with the provisions of §§ 2035.1 through 2035.4, regarding the doubt, and to submit to the Commission any material information not previously presented bearing on the candidacy.

History

SOURCE: Final Rulemaking published at 24 DCR 9391 (May 5, 1978); as amended by Final Rulemaking published at 37 DCR 6032 (September 14, 1990); as amended by Final Rulemaking published at 39 DCR 9333 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); as amended by Final Rulemaking published at 64 DCR 6302 (July 7, 2017); as amended by Final Rulemaking published at 71 DCR 003224 (March 22, 2024). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 2035

28 DCMR § 2036 EVALUATION REPORTS

The Commission shall prepare and submit to the President a written evaluation of the candidate's performance during his or her present term and his or her fitness for reappointment to another fifteen (15) year term, not less than sixty (60) days prior to the expiration of the candidate's term of office.

The Commission's evaluation report to the President of the United States shall be furnished, simultaneously, to the candidate.

The Commission's evaluation report shall be made public immediately after it has been furnished to the President and the candidate.

The Commission’s evaluation determination, in accordance with § 2031 and D.C. Code Title 1 §1-204-33(c), will control eligibility for the reappointment.

Well Qualified – If the Commission determines the judge to be Well Qualified, the judge’s term shall be automatically extended for another full term upon expiration of the current term, subject to mandatory retirement, suspension, or removal.

Qualified – If the Commission determines the judge to be Qualified, the President may nominate the judge, in which case the President shall submit to the Senate for advice and consent the renomination of the declaring candidate as judge. If the President determines not to so nominate the declaring candidate, the President shall nominate another candidate for the position in accordance with the statute.

Unqualified – If the Commission determines the judge to be Unqualified, then the judge shall not be eligible for reappointment or appointment as a judge of a District of Columbia court.

History

SOURCE: Final Rulemaking published at 24 DCR 9391 (May 5, 1978); as amended by Final Rulemaking published at 34 DCR 2190 (April 3, 1987); as amended by Final Rulemaking published at 37 DCR 6032 (September 14, 1990); as amended by Final Rulemaking published at 39 DCR 9333 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); as amended by Final Rulemaking published at 64 DCR 6302 (July 7, 2017); as amended by Final Rulemaking published at 71 DCR 003224 (March 22, 2024). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 2036

28 DCMR § 2037 EVALUATION OF JUDGES REQUESTING RECOMMENDATION FOR INITIAL APPOINTMENT OR REAPPOINTMENT AS SENIOR JUDGES

At any time prior to or not later than one (1) year after retirement, a judge seeking favorable recommendation for initial appointment as a senior judge shall file with the Commission a request in writing for such recommendation. The term of such appointment shall be for a term of four (4) years unless the judge has reached his or her seventy-fourth (74th) birthday, in which case the appointment shall be for a term of two (2) years.

Contemporaneous with the filing of the request, or at such other time as the Commission allows, such judge shall submit to the Commission a written statement, including illustrative materials, reviewing such significant aspects of his or her judicial activities and accomplishments that he or she believes may be helpful to the Commission in its evaluation of his or her request. The written statement shall include, but is not limited to, a summary of the judge’s history of judicial appointments, calendar and committee assignments, training and education, speaking engagements, awards and accolades, community service activities, as well as illustrative materials that highlight the judge’s written and analytical skills. The written statement also shall include the hours the judge is eligible to serve as a senior judge, the number of hours the judge intends to serve, and the number of hours the judge has served in the judge’s most recent prior senior judge term, if relevant. Further, the written statement shall disclose any current service or intention to serve in a private capacity as a mediator, arbitrator, or legal professional.

A judge requesting recommendation for initial appointment as a senior judge not more than four (4) years subsequent to the date of his or her appointment or reappointment as an associate judge of a District of Columbia Court pursuant to § 433 of the Self-Government Act shall submit a written statement as prescribed by § 2037.2 but may limit the matters addressed in his or her statement to those judicial activities performed since the date of such appointment or reappointment.

[Repealed.]

Not more than one hundred eighty (180) days nor less than ninety (90) days prior to the expiration of each term, a senior judge willing to continue to perform judicial duties shall file with the Commission a request in writing for recommendation for reappointment to an additional term. The term of such appointment shall be for a term of four (4) years unless the judge has reached his or her seventy-fourth (74th) birthday, in which case the appointment shall be for a term of two (2) years.

Contemporaneous with the filing of the request prescribed by § 2037.5, or at such other time as the Commission allows, such judge shall submit to the Commission a written statement reviewing such significant aspects of his or her judicial activities performed since the date of his or her last appointment or reappointment as he or she believes may be helpful to the Commission in its evaluation of his or her request. The written statement shall include, but is not limited to, a summary of the judge’s most recent judicial appointments, calendar and committee assignments, training and education, speaking engagements, awards and accolades, community service activities, as well as illustrative materials that highlight the judge’s written and analytical skills.

A judge who does not file a request within the time periods prescribed in §§ 2037.1 and 2037.5 shall not be eligible for appointment as a senior judge at any time thereafter, except for good cause shown.

All requests, written submissions and illustrative materials must be submitted electronically as directed by the Commission or its staff. Paper records will no longer be accepted.

History

SOURCE: Final Rulemaking published at 34 DCR 2190 (April 3, 1987); as amended by Final Rulemaking published at 37 DCR 6032 (September 14, 1990); as amended by Final Rulemaking published at 39 DCR 9333 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); as amended by Final Rulemaking published at 64 DCR 6302 (July 7, 2017); as amended by Final Rulemaking published at 71 DCR 003224 (March 22, 2024); as amended by Final Rulemaking published at 71 DCR 009641 (August 2, 2024). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 2037

28 DCMR § 2038 PHYSICAL EXAMINATION AND MEDICAL INFORMATION OF JUDGES REQUESTING RECOMMENDATION FOR INITIAL APPOINTMENT OR REAPPOINTMENT AS SENIOR JUDGES

Contemporaneous with his or her request or at such other time as the Commission allows, a judge seeking favorable recommendation for initial appointment or reappointment as a senior judge shall submit on forms provided by the Commission a report of an examination by a physician together with a statement of such physician which attests to the physical and mental fitness of the judge to perform his or her judicial duties.

When deemed appropriate by the Commission, a judge seeking favorable recommendation for initial appointment or reappointment to a term as a senior judge shall submit to a physical and/or mental examination by a health care professional designated by it after consultation with the judge. The physician's report shall be given in writing to the Commission. Such examination and report shall be at the judge's expense, unless the Commission grants a waiver based on extraordinary circumstances. Such examination is a condition of continued judicial service pending the Commission’s decision on the request for appointment or reappointment.

Contemporaneous with his or her request, or at the Commission's request, a judge required to submit to an examination as prescribed in §§ 2038.1 and 2038.2 shall provide the Commission or its authorized designee with all waivers and releases necessary to consult with the health care professional and the judge’s physician and to authorize the Commission to receive all medical records, reports, and information from any medical person, medical institution or other facility regarding the judge's physical or mental condition.

The failure of a judge to submit to a physical or mental examination or to provide waivers and releases as required by §§ 2038.1, 2038.2 and 2038.3 may be considered by the Commission adversely to the judge.

Copies of all medical records, reports, and information received by the Commission shall be provided to the judge at his or her request.

History

SOURCE: Final Rulemaking published at 34 DCR 2190 (April 3, 1987); as amended by Final Rulemaking published at 37 DCR 6032 (September 14, 1990); as amended by Final Rulemaking published at 39 DCR 9333 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); as amended by Final Rulemaking published at 64 DCR 6302 (July 7, 2017); as amended by Final Rulemaking published at 66 DCR 12406 (September 20, 2019); as amended by Final Rulemaking published at 71 DCR 003224 (March 22, 2024). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 2038

28 DCMR § 2039 RECOMMENDATION STANDARDS

A retired judge seeking a favorable recommendation for appointment or reappointment to a term as a senior judge shall be evaluated by the Commission through a review of the judge's performance, as well as the judge’s physical and mental fitness and his or her ability to perform judicial duties.

The recommendation standards are as follows:

Favorable – The Commission has determined the judge’s fitness to continue to satisfactorily perform his or her judicial duties.

Unfavorable – The Commission has determined the judge is unfit for further judicial service.

Upon conclusion of the review, in accordance with D.C. Code §11-1504 (a)-(b), the Commission shall notify the chief judge of the requesting judge’s court of its evaluation and recommendation. If the Commission makes a favorable recommendation, the chief judge determines if the judge is to be appointed or reappointed a senior judge, and such appointment must be made within thirty (30) days of receipt of the Commission’s recommendation. If the Commission makes an unfavorable recommendation, the requesting judge is ineligible for appointment as a senior judge. The recommendation of the Commission and the decision of the chief judge regarding appointment are final.

History

SOURCE: Final Rulemaking published at 34 DCR 2190 (April 3, 1987); as amended by Final Rulemaking published at 37 DCR 6032 (September 14, 1990); as amended by Final Rulemaking published at 39 DCR 9333 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); as amended by Final Rulemaking published at 64 DCR 6302 (July 7, 2017); as amended by Final Rulemaking published at 71 DCR 003224 (March 22, 2024). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 2039

28 DCMR § 2040 COMMUNICATIONS FROM INTERESTED PERSONS

The Commission will issue a public notice of the judge’s fitness review and the public comment period.

The general public, the bar, court personnel, and other judges are invited to communicate to the Commission, preferably in writing, any information they may have that is pertinent to a request for recommendation for appointment or reappointment as a senior judge. The Commission will give consideration to all materials submitted as to the judge’s suitability for initial appointment or reappointment.

History

SOURCE: Final Rulemaking published at 24 DCR 9391, 9412 (May 5, 1978); as amended by Final Rulemaking published at 37 DCR 6032 (September 14, 1990); as amended by Final Rulemaking published at 39 DCR 9333 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); as amended by Final Rulemaking published at 64 DCR 6302 (July 7, 2017); as amended by Final Rulemaking published at 71 DCR 003224 (March 22, 2024). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 2040

28 DCMR § 2041 INTERVIEWS WITH INFORMED PERSONS

The Commission shall interview the Chief Judge of the requesting judge's court.

The Commission may seek pertinent information by interviews with others conducted by the full Commission, by one or more members, or by special counsel or others of its staff.

History

SOURCE: Final Rulemaking published at 24 DCR 9391 (May 5, 1978); as amended by Final Rulemaking published at 37 DCR 6032 (September 14, 1990); as amended by Final Rulemaking published at 39 DCR 9333 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); as amended by Final Rulemaking published at 64 DCR 6302 (July 7, 2017); as amended by Final Rulemaking published at 71 DCR 003224 (March 22, 2024). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 2041

28 DCMR § 2042 CONFERENCES WITH THE CANDIDATE

At the Commission's request, the judge shall confer with it in person and in private on reasonable notice; and, at the judge's request, the Commission shall confer with the judge in person and in private on reasonable notice.

At any such conference the Commission may allow attendance by one or more special counsel or others of its staff.

The judge may be accompanied by counsel.

All members of the Commission will endeavor to be present at any such conference, but the failure of a member to attend will not prevent his or her participation in the Commission's evaluation.

History

SOURCE: Final Rulemaking published at 24 DCR 9391 (May 5, 1978); as amended by Final Rulemaking published at 37 DCR 6032 (September 14, 1990); as amended by Final Rulemaking published at 39 DCR 9333 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); as amended by Final Rulemaking published at 64 DCR 6302 (July 7, 2017); as amended by Final Rulemaking published at 71 DCR 003224 (March 22, 2024). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 2042

28 DCMR § 2043 NOTICE OF SPECIAL CONCERN AND OPPORTUNITY TO CONFER

2043.1 In the event the Commission has information which the Commission feels, if uncontroverted, would raise a substantial doubt that the judge is fit for further judicial service, it shall inform the judge of the nature of the questions raised and, to the extent feasible and subject to the limitation of §§ 2044.2 and 2044.3, the Commission shall provide to the judge in summary form the basis for doubt.

2043.2 Prior to concluding its evaluation the Commission shall afford the judge a reasonable opportunity to confer with it, in accordance with § 2042.1, regarding the doubt, and to submit to the Commission any material information not previously presented bearing on the request.

History

SOURCE: Final Rulemaking published at 24 DCR 9391 (May 5, 1978); as amended by Final Rulemaking published at 37 DCR 6032 (September 14, 1990); as amended by Final Rulemaking published at 39 DCR 9333 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); as amended by Final Rulemaking published at 64 DCR 6302 (July 7, 2017); as amended by Final Rulemaking published at 71 DCR 003224 (March 22, 2024). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 2043

28 DCMR § 2044 CONFIDENTIALITY

2044.1 Commission records shall not be available for public inspection, except the following;

Time and attendance data reported pursuant to the provisions of D.C. Official Code §§ 11-709 and 11-909; and

Financial data reported pursuant to the provisions of D.C. Official Code § 11-1530, as amended.

2044.2 The record of investigations, proceedings, evaluations, and recommendations conducted or made by the Commission, as well as all financial and medical information received by the Commission pursuant to this chapter, other than the financial data referred to in § 2044.1, shall be confidential, except:

When disclosed, in the Commission's discretion or as provided by this chapter, to the judge who is the subject of the information, investigation, proceeding, evaluation, or recommendation; or

Where the judge who is the subject of the information, investigation, proceeding, evaluation, or recommendation, consents to disclosure; or

When disclosed in a proceeding, or in a Commission decision in a proceeding; or

When disclosed in a Commission evaluation of a judge who is a candidate for reappointment, or to the President of the United States in connection therewith; or

When disclosed to the Chief Judge of a District of Columbia court in connection with a judge who has requested the Commission's recommendation for appointment as a senior judge; or

When disclosed, on a privileged and confidential basis, to the District of Columbia Judicial Nomination Commission in response to a request concerning a judge whose elevation to the District of Columbia Court of Appeals or for Chief Judge of a District of Columbia court is being considered; or

When disclosed, to the extent required, on judicial review of a Commission decision or in the prosecution of a witness for perjury.

For purposes of this Rule, the record of an investigation, proceeding, evaluation, or recommendation shall include all papers filed or submitted and all information furnished to or considered by the Commission in connection therewith (including, but not limited to, the substance of any complaint by or communications with individuals or organizations, financial and medical information obtained pursuant to this chapter, depositions, grants of immunity, and the notice and transcript of proceedings, if any).

2044.3 Notwithstanding any provision of § 2044.2, the identity of any individual or organization submitting a complaint, or furnishing information to the Commission in connection with an investigation, proceeding, evaluation of a candidacy for reappointment, or request for recommendation for appointment as a senior judge, shall not be disclosed to anyone, including the judge who is the subject of the complaint or information, except:

Where the individual or organization consents to such disclosure; or

When disclosed in a proceeding where the individual or a person connected with the organization is called as a witness; or

When disclosed by the Commission to the President of the United States at his or her request when it concerns a judge evaluated by the Commission as "qualified" whose possible renomination the President is considering; or

When disclosed, upon request, on a privileged and confidential basis, to the District of Columbia Judicial Nomination Commission, concerning a judge being considered by such Nomination Commission for elevation to the District of Columbia Court of Appeals or for Chief Judge of a District of Columbia Court; or

When disclosed, to the extent required, on judicial review of a Commission decision or in the prosecution of a witness for perjury.

2044.4 Hearings in proceedings shall be conducted in closed session, unless the judge who is the subject of the proceeding shall consent to make the hearing open to the public.

History

SOURCE: Final Rulemaking published at 37 DCR 6032 (September 14, 1990); as amended by Final Rulemaking published at 39 DCR 9333 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); as amended by Final Rulemaking published at 64 DCR 6302 (July 7, 2017). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 2044

28 DCMR § 2099 DEFINITIONS

When used in this chapter, the following terms shall have the meanings ascribed:

Chairperson – The Chairperson of the Commission, or the Vice Chairperson or Acting Chairperson designated by the Commission when acting as Chairperson.

Evaluation – The process whereby the Commission, pursuant to § 433(c) of the Self-Government Act, prepares and submits to the President of the United States a written report evaluating the performance and fitness of a candidate for reappointment to a District of Columbia court.

Investigation – An inquiry to determine whether a proceeding should be

instituted.

Judge – A judge, senior judge, or retired judge of the District of Columbia

Court of Appeals or of the Superior Court of the District of Columbia.

Proceeding – A formal proceeding, initiated by a Notice of Proceeding, to hear and determine charges as to a judge's conduct or health pursuant to § 432 (a)(2) or (b) of the Self-Government Act.

Recommendation – The process whereby the Commission, pursuant to D.C. Official Code § 11-1504, prepares and submits a written report of its recommendation and findings to the chief judge of a District of Columbia court regarding the appointment of senior judges to the court.

Self-Government Act – The District of Columbia Self-Government and Governmental Reorganization Act of 1973, effective December 24, 1973 (87 Stat. 774, Pub. L. 93-198).

Special Counsel – any member of the District of Columbia Bar retained by the Commission to assist it.

History

SOURCE: Final Rulemaking published at 24 DCR 9391 (May 5, 1978); as amended by Final Rulemaking published at 37 DCR 6032 (September 14, 1990); as amended by Final Rulemaking published at 39 DCR 9333 (December 11, 1992); as amended by Final Rulemaking published at 53 DCR 108 (January 6, 2006); as amended by Final Rulemaking published at 54 DCR 12322 (December 21, 2007); as amended by Final Rulemaking published at 64 DCR 6302 (July 7, 2017). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 2099

28-21 JUDICIAL NOMINATION COMMISSION

28 DCMR § 2101 MEETINGS OF THE COMMISSION

2101.1 A majority of the serving members of the Judicial Nomination Commission (Commission) shall constitute a quorum. The vote of a majority of the serving members of the Commission shall be necessary for the adoption of an action by the Commission.

History

SOURCE: Final Rulemaking published at 66 DCR 15248 (November 15, 2019). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 2101

28 DCMR § 2102 APPLICATIONS FOR JUDICIAL NOMINATIONS

2102.1 To be considered for nomination for a vacancy in the position of judge of a District of Columbia court, a person must submit an application to the Commission. An applicant shall:

(a) Be a United States citizen;

(b) Be an active member of the unified District of Columbia Bar;

(1) Have practiced law in the District of Columbia;

(2) Have been on the faculty of a law school in the District of Columbia;

(3) Have been employed as a lawyer by the United States government or the District of Columbia government; or

(4) Have engaged in any combination of the activities described in paragraphs (1)-(3);

(d) Be a bona fide resident of the District of Columbia, and have maintained an actual place of abode in the District for at least ninety (90) days immediately prior to the date the Commission recommends the person to the President;

(e) Have not served, within two (2) years prior to the deadline for applications, as a member of the District of Columbia Commission on Judicial Disabilities and Tenure, or as a member of the Commission; and

(f) Be under the statutory age of mandatory retirement for District of Columbia judges.

History

SOURCE: Final Rulemaking published at 67 DCR 2799 (March 13, 2020). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 2102

28 DCMR § 2103 RECOMMENDED NOMINEES LISTS

2103.1 For each District of Columbia court judicial vacancy, the Commission shall transmit a Recommended Nominees List (List) of three recommended nominees to the President of the United States.

2103.2 The Commission shall not include on a List any person who is currently on a List for a vacancy on the same District of Columbia court.

2103.3 When a vacancy will occur due to the expiration of a District of Columbia judge’s term of office or a District of Columbia judge reaching the statutory mandatory retirement age, the Commission shall transmit a List to the President no later than sixty (60) days prior to the last date of the judge’s term or retirement date.

2103.4 When a vacancy occurs for any other reason not specified in § 2103.3, the Commission must transmit a List to the President no later than sixty (60) days after the date the vacancy occurs.

2103.5 When a person named on a List requests that the recommendation be withdrawn, dies, or in any other way becomes disqualified to serve as a District of Columbia judge, the Commission shall promptly recommend a person to replace the person originally recommended from the list of applicants for the vacancy.

2103.6 If the President does not nominate a person to fill a District of Columbia judicial vacancy from the existing Lists within sixty (60) days of receiving the List for the particular District of Columbia judicial vacancy, the Commission shall nominate one person from the List for that vacancy, and with the advice and consent of the United States Senate, shall appoint the person to the judicial vacancy, in accordance with Section 434(d)(1) of the District of Columbia Home Rule Act, effective December 24, 1973 (87 Stat. 796; D.C. Official Code § 1-204.34(d)(1)).

2103.7 When a person is nominated, by either the President or the Commission, and the United States Senate confirms the nomination, thereafter, upon the appointment of the person, either by the President or the Commission, the List for the vacancy filled by the nomination is deemed expired, and the Commission may include any person on the expired List on a subsequent List for a District of Columbia judicial vacancy if that person applies for the relevant vacancy.

2103.8

(a)

(1) When a nomination for a particular District of Columbia judicial vacancy, whether made by the President or the Commission, is rejected by the Senate, failed confirmation under the Standing Rules of the Senate, or is otherwise returned by the Senate, the nomination shall be deemed rejected.

(2) The President shall have sixty (60) days to nominate a person to fill the particular District of Columbia judicial vacancy from one of the Lists, unless the President is sworn into office during that sixty (60)-day period, in which case the President shall have sixty (60) days from the date of assuming office to nominate a person to fill the judicial vacancy.

(b) If the President does not nominate a person to fill a particular District of Columbia judicial vacancy within sixty (60) days of the date of the rejection, the List for that vacancy shall be deemed expired. The Commission shall promptly transmit a new List for the vacancy.

(c) In submitting a new List for a vacancy under this subsection, the Commission shall comply anew with the procedures specified by this chapter and Section 434 of the District of Columbia Home Rule Act, effective December 24, 1973 (87 Stat. 796; D.C. Official Code § 1-204.34). Persons on the expired list, including the rejected nominee, may reapply for the vacancy, but shall not be considered for the vacancy if they do not reapply.

(d) The expiration of a List shall not affect any nominations pending at the time of the expiration of the List which have not otherwise been rejected.

2103.9 The computation of time for any time period specified in this section shall begin on and include the date of the event that triggers the period. Time periods shall be measured in calendar days, unless the last day is a Saturday, Sunday, or legal holiday, in which case, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.

2103.10

(a) Nominations rejected by Senate vote shall be deemed to be rejected on the date of the vote of rejection.

(b) Nominations deemed rejected by the operation of these rules shall be deemed to be rejected on the date on which the adjournment, recess, or other event triggers the operation of the rule.

2103.11 As of the effective date of these rules, all Lists from which a nomination has been rejected by the Senate and no subsequent nomination has been made are deemed expired. The Commission shall promptly transmit new Lists to the President for each such expired List consistent with the provisions of Subsection 2103.8(c).

History

SOURCE: Final Rulemaking published at 66 DCR 15248 (November 15, 2019). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 2103

28-28 ORGANIZATION AND PROCEDURES OF THE PUBLIC TRUST

28 DCMR § 2800 GENERAL PROVISIONS

2800.1 The purpose of this chapter is to establish rules of organization and procedure for the Public Trust for Drug Prevention and Children at Risk, pursuant to D.C. Official Code § 47-4004 (a) (2001).

2800.2 The Trust was created to support non-profit organizations and District of Columbia government agencies in their drug prevention and children at risk programs for District of Columbia residents.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is section 5 of D.C. Law 8-246, the "District of Columbia Drug Prevention and Children at Risk Tax Check-off Amendment Act of 1990," codified as amended at D.C. Official Code § 47-4004(a) (2001).
SOURCE: Final Rulemaking published at 40 DCR 2751 (April 30, 1993).

28 DCMR § 2801 OFFICERS

2801.1 The elected officers of the Trust shall be a Chairperson and a Vice Chairperson.

2801.2 The Offices of Treasurer and Secretary shall be held by the two District government ex officio members.

2801.3 The duties of the various officers shall be such as usually pertains to their respective offices. In addition, the Vice Chairperson shall coordinate the work of the Standing Committees, as designated by the Chairperson.

2801.4 Elected officers may be removed for causes deemed prejudicial to the Trust upon recommendation from the Executive Committee and by vote of seven (7) or more members.

History

SOURCE: Final Rulemaking published at 40 DCR 2751-52 (April 30, 1993).

28 DCMR § 2802 EXECUTIVE COMMITTEE

2802.1 There shall be an Executive Committee composed of the four (4) officers of the Trust.

2802.2 The Chairperson of the Trust shall be the Chairperson of the Executive Committee.

2802.3 The Executive Committee shall hold regular meetings, and not less than four (4) per year.

2802.4 The Executive Committee shall have the authority to act for the Trust under its policies, functions and authority as established. Actions of the Executive Committee shall be reported to the Trust at the next regular meeting.

2802.5 Any action taken by the Executive Committee may be modified or rescinded by the Trust upon a majority vote of the Trust members present.

History

SOURCE: Final Rulemaking published at 40 DCR 2751, 2752 (April 30, 1993).

28 DCMR § 2803 STANDING COMMITTEES

2803.1 The following standing committees shall be established by the Chairperson: Grant Review and Evaluation, Public Information and Community Affairs, Finance.

2803.2 The Chairperson shall establish other standing committees as are deemed necessary and shall appoint one member of the Trust to chair each committee.

2803.3 The Chairperson may reassign members of standing committees and may replace an assigned chairperson of a standing committee with another member.

History

SOURCE: Final Rulemaking published at 40 DCR 2751, 2752 (April 30, 1993).

28 DCMR § 2804 ELECTIONS

2804.1 The election and installation of officers shall be at the annual meeting in December of each year.

2804.2 Officers shall be elected by a majority vote at the annual meeting of the Trust.

2804.3 Elected officers shall assume office at the close of the annual meeting in December and shall serve for a term of one year or until their successors shall be elected, or appointed or installed.

2804.4 Any elected officer shall be eligible for reelection to succeed him or herself but shall not be eligible to hold office for more than two terms successively.

History

SOURCE: Final Rulemaking published at 40 DCR 2751, 2752-53 (April 30, 1993).

28 DCMR § 2805 [RESERVED]

28 DCMR § 2806 VACANCY IN THE OFFICE OF THE CHAIRPERSON

2806.1 If a vacancy occurs in the office of the Chairperson, the Vice Chairperson shall assume the duties of the Chairperson and the Treasurer shall assume the duties of the Vice Chairperson until such time as new officers are elected.

2806.2 If vacancies shall occur in elected offices, the Trust shall elect the officers to fill the unexpired terms.

History

SOURCE: Final Rulemaking published at 40 DCR 2751, 2753 (April 30, 1993).

28 DCMR § 2807 RESIGNATION AND REMOVAL

2807.1 The two ex officio Trustees acting hereunder may resign at any time by giving written notice to the Mayor. The other nine (9) Trustees hereunder may resign at any time by giving written notice to the Mayor and the Council.

2807.2 Any officer or Trust member who engages in misconduct or fails to perform the duties of a Trust member may be removed from office or membership by the Trust upon a recommendation from the Executive Committee and ratification by seven (7) or more members of the Trust; provided, that he or she shall first be presented with written charges and given a reasonable opportunity to be heard before the Trust. The decision of the seven (7) or more ratifying Trust members shall be final.

History

SOURCE: Final Rulemaking published at 40 DCR 2751, 2753 (April 30, 1993).

28 DCMR § 2808 MEETINGS

2808.1 The Trustees shall hold at least six (6) regular meetings per year. All regular meetings shall be open to the public. Executive meetings shall be closed to the public.

2808.2 Meetings shall be held in the District of Columbia as designated by the Chairperson.

2808.3 A simple majority of the Trust members currently serving shall constitute a quorum. In the absence of a quorum, the Trustees may sit and consider matters, but no action shall take place.

2808.4 A regularly scheduled meeting of the Trustees may be suspended or rescheduled upon a majority vote of the members present at the meeting immediately preceding the meeting to be suspended or rescheduled.

2808.5 Special meetings may be called by the Chairperson when deemed necessary or called by the Chairperson if requested in writing to do so by at least four (4) members of the Trust. All calls for special meetings must be made by written communication to all members of the Trust, and no business shall be considered at such meeting except as has been expressly mentioned in the notice.

2808.6 The regular meeting in December shall be the Annual Meeting of the Trust.

2808.7 No person or representative of any person or group shall have the right to be heard or to present oral or written evidence at a meeting of the Trust without permission of the presiding officer of the meeting. The presiding officer may impose reasonable conditions in granting Permission.

2808.8 The order of business for meetings shall be as follows

(a) Call meeting to order;

(b) Roll call of Trustees;

(d) Report of Executive Committee;

(e) Reports of Standing Committees;

(f) Unfinished Business;

(g) New Business and Announcements;

(h) Adjournment.

2808.9 "Robert's Rules of Order" shall govern in all proceedings of the Trust in the absence of any other rules or laws to the contrary.

History

SOURCE: Final Rulemaking published at 40 DCR 2751, 2753-54 (April 30, 1993).

28 DCMR § 2809 [RESERVED]

28 DCMR § 2810 AMENDMENT

2810.1 This chapter may be amended by a seven (7) or more member vote at any regular meeting. The proposed amendment shall have been submitted in writing to the Trust at a previous regular meeting and each member shall be given a fifteen (15) day written notice of the proposed amendment.

History

SOURCE: Final Rulemaking published at 40 DCR 2751, 2754 (April 30, 1993).

28-37 BREATH ALCOHOL TESTING PROGRAM

28 DCMR § 3700 BREATH ALCOHOL PROGRAM OVERSIGHT RESPONSIBILITIES

3700.1 The Department of Forensic Sciences (DFS) is responsible for overseeing certain aspects of the District’s Breath Alcohol Program, including:

(a) Testing and certifying the accuracy of District evidential instruments used by District law enforcement personnel;

(b) Developing a program for District law enforcement personnel to become trained and certified as operators of evidential instruments;

(c) Developing policies and procedures for the operation and maintenance of all evidential instruments used by District law enforcement personnel; and

(d) Developing policies and procedures for the maintenance of records demonstrating that the evidential instruments used by District law enforcement personnel are in proper operating condition.

3700.2 Pursuant to Section 8(c) of the Department of Forensic Sciences Establishment Act of 2011 (D.C. Law 19-18; D.C. Official Code § 5-1501.07(d)), the Director of DFS may delegate some or all of these responsibilities to the Office of the Chief Medical Examiner (OCME).

3700.3 Pursuant to a memorandum of agreement between DFS and OCME, the Director of DFS has delegated the administration of the District’s Breath Alcohol Program to the OCME.

History

SOURCE: Final Rulemaking published at 63 DCR 11161 (September 2, 2016). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 3700

28 DCMR § 3701 BREATH ALCOHOL PROGRAM MANAGER

3701.1 The Director of OCME shall appoint a Breath Alcohol Program Manager (Program Manager), who shall be responsible for ensuring the proper implementation of OCME’s responsibilities related to the District’s Breath Alcohol Program.

3701.2 The primary functions of the Program Manager, or designee, are to:

(a) Provide technical and administrative support for the District’s Breath Alcohol Program;

(b) Maintain all records that pertain to the calibration, certification, accuracy, and validity of, and data generated from, evidential instruments;

(d) Maintain evidential instruments and affiliated equipment;

(e) Establish standards for the testing and certification of evidential instruments;

(f) Supervise data collection for the certification of evidential instruments;

(g) Select site location(s) for evidential instruments, in consultation with the Metropolitan Police Department;

(h) Provide testimony as an expert witness, either by affidavit or in person, or in any other manner approved by the court, regarding breath alcohol testing;

(i) Adopt and, as needed, amend a manual setting forth standards and procedures for breath alcohol program administration, including standards and procedures for the calibration, certification, and maintenance of evidential instruments. This manual is currently titled the “Quality Management Manual Breath Alcohol Program” (Quality Manual);

(j) Adopt and, as needed, amend a manual setting forth standards and procedures for operator training and licensing, including standards and procedures for basic evidential instrument operation, basic troubleshooting, and subject testing procedures. This manual is currently titled the “Basic Training Program for Breath Alcohol Operators” (Operator’s Manual); and

(k) Adopt and, as needed, amend a manual setting forth standards and procedures for technician training and licensure. This manual is currently titled the “Technician Training Manual Breath Alcohol Program” (Technician Training Manual).

History

SOURCE: Final Rulemaking published at 63 DCR 11161 (September 2, 2016). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 3701

28 DCMR § 3702 RECORDS RETENTION AND INSPECTION

3702.1 The Program Manager, or designee, shall maintain all records that pertain to the calibration, certification, accuracy, and validity of, and data generated from, evidential instruments used by the District’s Breath Alcohol Program, for a minimum of five (5) years.

3702.2 The Program Manager, or designee, shall provide copies of the records listed in § 3702.1 for inspection upon request from the following:

The Mayor; or the Mayor’s authorized representative;

The Office of the United States Attorney for the District of Columbia;

The Office of the Attorney General for the District of Columbia;

The Metropolitan Police Department;

The Office of the District of Columbia Auditor;

The Office of the Inspector General; and

Any other law enforcement agency with appropriate jurisdiction.

History

SOURCE: Final Rulemaking published at 63 DCR 11161 (September 2, 2016). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 3702

28 DCMR § 3703 APPROVAL OF EVIDENTIAL INSTRUMENTS

3703.1 The Program Manager, or designee, shall certify all evidential instruments used by licensed operators.

3703.2 Each evidential instrument shall be certified in accordance with the admissibility criteria set forth in Section 3q of the Anti-Drunk Driving Act of 1982, effective April 27, 2013 (D.C. Law 19-266; D.C. Official Code § 50-2206.52).

3703.3 The standards for testing and certifying an evidential instrument shall be set forth in the Quality Manual.

3703.4 An operator shall not use an evidential instrument to administer an evidential breath test unless the device has been certified by the Program Manager, or designee.

History

SOURCE: Final Rulemaking published at 63 DCR 11161 (September 2, 2016). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 3703

28 DCMR § 3704 OPERATOR LICENSES

3704.1 No individual shall operate an evidential instrument to test the alcohol content of breath unless the individual is licensed by the Program Manager, or designee, as an operator.

3704.2 Prior to initial licensure as an operator, an individual shall successfully complete a course of instruction that meets the criteria set forth in the Operator’s Manual.

3704.3 Prior to initial licensure, an individual must also provide evidence that he or she has successfully completed a Standardized Field Sobriety Testing course taught in accordance with the curriculum established by the National Highway Traffic Safety Administration.

3704.4 The Program Manager, or designee, shall issue an operator license card to each individual that is approved for licensure as an operator. The license card shall include the full name of the operator, a unique license number, and the expiration date of the license. The Program Manager, or designee, shall also issue to the operator a unique personal identification number (“PIN”), which shall be associated with the license.

3704.5 An operator license shall be valid for two (2) years unless earlier revoked by the Program Manager, or designee.

3707.6 A licensed operator shall be considered a certified breath test operator for the purposes of Section 3q of the Anti-Drunk Driving Act of 1982, effective April 20, 2013 (D.C. Law 19-260; D.C. Official Code § 50-2206.52).

History

SOURCE: Final Rulemaking published at 63 DCR 11161 (September 2, 2016). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 3704

28 DCMR § 3705 RENEWAL OF OPERATOR LICENSES

3705.1 In order to be eligible for renewal of his or her operator license, an operator shall satisfactorily complete a course of instruction approved by the Program Manager, or designee, as referenced in the Operator Manual.

3705.2 Upon renewal of a license, the Program Manager, or designee, shall issue a new operator license card to the operator. The new license shall be valid for a period of two (2) years unless earlier revoked by the Program Manager, or designee.

History

SOURCE: Final Rulemaking published at 63 DCR 11161 (September 2, 2016). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 3705

28 DCMR § 3706 REVOCATION OF OPERATOR LICENSES

3706.1 The Program Manager, or designee, may revoke an operator’s license and deactivate the associated PIN if:

An operator voluntary surrenders his or her license;

An operator fails to properly perform his or her duties in a manner required by the Operator’s Manual;

The operator transfers to a position where licensure as an operator is no longer desired;

The operator fails to renew his or her license before its expiration date;

An operator’s employment with the agency under which the license was acquired is terminated; or

The operator fails to safeguard the scientific integrity of the Breath Alcohol Program.

3706.2 An individual with a revoked license shall not operate an evidential instrument.

History

SOURCE: Final Rulemaking published at 63 DCR 11161 (September 2, 2016). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 3706

28 DCMR § 3707 TECHNICIAN LICENSES

3707.1 No individual shall certify, calibrate, or maintain an evidential instrument, unless the person is licensed by the Program Manager, or designee, as a technician.

3707.2 Prior to initial licensure as a technician, an individual shall:

(a) Obtain an operator license by successfully completing a course of instruction that meets the criteria set forth in the Operator’s Manual; and

(b) Meet the requirements for licensure as a technician as set forth in the Technician Training Manual.

3707.3 A technician license issued pursuant to this section shall be valid for two (2) years from the date it is issued, unless earlier revoked by the Program Manager, or designee.

3707.4 In order to maintain his or her licensure as a technician, the individual must also maintain a valid operator license in accordance with the Operator’s Manual and the provisions of this chapter.

3707.5 A licensed technician shall be considered a certified technician for the purposes of Section 3q of the Anti-Drunk Driving Act of 1982, effective April 20, 2013 (D.C. Law 19-260; D.C. Official Code § 50-2206.52).

History

SOURCE: Final Rulemaking published at 63 DCR 11161 (September 2, 2016). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 3707

28 DCMR § 3708 RENEWAL OF TECHNICIAN LICENSES

3708.1 In order to be eligible for renewal of his or her technician license, a technician shall have satisfactorily completed a course of instruction approved by the Program Manager, or designee, as referenced in the Technician Training Manual and have a valid operator license.

3708.2 A technician license renewed pursuant to this section shall be valid for two (2) years.

History

SOURCE: Final Rulemaking published at 63 DCR 11161 (September 2, 2016). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 3708

28 DCMR § 3709 REVOCATION OF TECHNICIAN LICENSES

3709.1 The Program Manager, or designee, shall revoke a technician’s license, and deactivate the associated PIN, if:

The technician is no longer actively engaged in the District’s Breath Alcohol Program;

(b) The technician deceitfully obtained licensure;

(d) The technician fails to maintain a valid operator license;

(e) The technician fails to renew his or her technician license before its expiration date; or

(f) The technician failed to safeguard the scientific integrity of the Breath Alcohol Program.

History

SOURCE: Final Rulemaking published at 63 DCR 11161 (September 2, 2016). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 3709

28 DCMR § 3710 ACCEPTABLE RANGES FOR EVIDENTIAL BREATH TESTS

3710.1 The reference standard used to conduct an accuracy check of an evidential instrument must agree within ±0.005 grams of alcohol per two hundred ten (210) liters of breath of the predicted value.

3710.2 If the evidential instrument accuracy check falls outside of the acceptable range as defined in § 3710.1, the evidential instrument shall be disabled and a licensed operator shall not administer an evidential breath test with that instrument.

3710.3 Duplicate breath specimens shall be collected and the analytical results of the paired breath specimens must correlate within ±0.02 grams of alcohol per 210 liters of breath of each other in order for a breath test to be considered valid.

History

SOURCE: Final Rulemaking published at 63 DCR 11161 (September 2, 2016). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 3710

28 DCMR § 3799 DEFINITIONS

3799.1 For the purposes of this section, the following terms shall have the meanings ascribed below:

Accuracy check – an evaluation made by an evidential instrument of a reference standard with a predicted value. The accuracy check occurs during the evidential breath test sequence.

Certification – the process by which reference standards are evaluated and a series of tests performed to verify the accuracy of the evidential instrument.

DFS – The Department of Forensic Sciences.

Evidential instrument – an analytical breath alcohol measuring device that has been issued a “Certificate of Instrument Accuracy” as defined by the Quality Manual and has been placed into field service to collect evidence.

Licensed operator – an individual licensed under this title by the Program Manager, or designee, as an operator.

Licensed technician – an individual licensed under this title by the Program Manager, or designee, as a technician.

OCME – The Office of the Chief Medical Examiner.

Operator’s Manual – the training manual for operators of evidential instruments, entitled “Basic Training Program for Breath Alcohol Operators,” maintained by the Program Manager, or designee.

Predicted value – a value produced by an evidential instrument for each evidential breath test based upon the barometric pressure compensation and the reference standard value.

Quality Manual – the manual for administration of the District’s Breath Alcohol Program, entitled “Quality Management Manual Breath Alcohol Program,” maintained by the Program Manager, or designee.

Reference standard – a commercial dry gas standard consisting of ethanol and balanced nitrogen traceable to the National Institute of Standards and Technology with a verified known value. The verified known value for evidential breath alcohol tests is 0.082g of alcohol per 210L of air.

Subject – an individual that is given an evidential breath test which is administered by a licensed operator.

Subject test – an evidential breath alcohol test of a subject that meets the criteria defined in the Operator’s Manual.

Technician Training Manual – the manual that defines the training program for technicians in the Breath Alcohol Program.

History

SOURCE: Final Rulemaking published at 63 DCR 11161 (September 2, 2016). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 3799

28-40 DEPARTMENT OF FORENSIC SCIENCES

28 DCMR § 4000 GENERAL PROVISIONS

4000.1 The Department of Forensic Sciences (Department) was established pursuant to Section 3 of the Department of Forensic Sciences Establishment Act of 2011, effective August 17, 2011 (D.C. Law 19-18; D.C. Official Code § 5-1501.02) (DFS Establishment Act).

4000.2 The Department’s mission is to provide high-quality, timely, accurate, and reliable forensic science services with the use of best practices and best available technology, a focus on unbiased science and transparency, and the goal of enhancing public safety.

4000.3 The Department’s Science Advisory Board (Board) was established pursuant to Section 12 of the DFS Establishment Act (D.C. Official Code § 5-1501.11) to perform the functions set out in Section 13 of the DFS Establishment Act (D.C. Official Code § 5-1501.12).

4000.4 An obligation of a Department employee under this chapter may be delegated to another Department employee with the approval of the Director. A Department employee is any person employed by the Department, including contractors, consultants, volunteers, and interns.

History

SOURCE: Final Rulemaking published at 66 DCR 2504 (March 1, 2019). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 4000

28 DCMR § 4001 ANNUAL REPORT

4001.1 The Director shall prepare an annual report on the activities of the Department as required by Section 5(a)(5) of the DFS Establishment Act (D.C. Official Code § 5-1501.04(a)(5)) and shall provide the report to the Mayor, the Council of the District of Columbia, and the Board. The report shall also be published on the Department’s website.

4001.2 The report shall include descriptions of strategic developments, operational developments, outreach developments, and planned future actions for the Department.

History

SOURCE: Final Rulemaking published at 66 DCR 2504 (March 1, 2019). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 4001

28 DCMR § 4002 COMPLAINT PROCESS

4002.1 A complaint that involves an allegation of professional negligence, misconduct, or erroneous identification of a person or other testing error that occurred in the provision of forensic science services at the Department may be made by any individual or entity.

4002.2

(a) A complaint shall be filed with the Department using the Department’s Complaint/Inquiry Form, which is available on the Open Government page of the Department’s website (www.dfs.dc.gov).

(b) The form shall be completed by the person making the complaint or by a person acting on behalf of the person making the complaint.

(c) If the Department receives an oral complaint, the Department shall request that the complainant file the complaint using the Department’s Complaint/Inquiry Form. If the complainant refuses to do so, the Department shall reduce the oral complaint to writing by filling out the Department’s Complaint/Inquiry Form.

(d) If the Department receives a written complaint that is not provided on the Department’s Complaint/Inquiry Form, the Department shall transfer the complaint to the Department’s Complaint/Inquiry Form.

4002.3 Upon receipt of a complaint by the Department, the following actions shall be taken:

The Department shall forward the complaint to the Deputy Director and General Counsel.

The Department shall acknowledge the complaint within two (2) business days of receipt, if contact information is provided for the complainant;

The Deputy Director and General Counsel shall, within five (5) business days after the complaint is received, complete an investigation of the complaint and determine whether further action is necessary.

If the complaint requires further action, the Department shall address the complaint through a Quality Corrective Action Report (QCAR), a Quality Preventative Action Report (QPAR), an employee investigation, or any other means deemed appropriate by the Deputy Director and General Counsel.

(1) If a complaint results in a QCAR, the Department shall notify the Board within five (5) business days. The notification shall include a copy of the complaint, a written description of the investigation of the investigation of the complaint, and a copy of the QCAR.

(2) The Department is not required to send to the Board a complaint that does not result in a QCAR.

At each Board meeting, the Director shall report to the Board on all completed investigations. With respect to each completed investigation, the report shall include a summary of the underlying complaint conclusions from the investigation, and recommendations for any further action, if any.

History

SOURCE: Final Rulemaking published at 66 DCR 2504 (March 1, 2019). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 4002

28 DCMR § 4003 MISSION OF THE SCIENCE ADVISORY BOARD; MEETINGS

4003.1 The Science Advisory Board (Board) shall be responsible for assisting and advising the Department on providing high-quality, timely, accurate, and reliable forensic science services.

4003.2 Pursuant to Section 13 of the DFS Establishment Act (D.C. Official Code § 5-1501.12), the Board is responsible for:

(a) Reviewing reports of allegations of professional negligence, misconduct, or misidentification or other testing error that occurred in the provision of forensic science services at the Department;

(b) Periodically reviewing certain Department program standards, protocols, manuals, and procedures;

(d) Advising the Director or the Mayor and Council, when it considers appropriate, on matters relating to the Department or forensic science.

4003.3

(a) The Board shall hold at least four (4) regular meetings per year, as required by Section 12(f) of the DFS Establishment Act (D.C. Official Code § 5-1501.11(f)).

Additional meetings shall be held by the order of the Chairperson, or at the written request of the Director or of three (3) Board members, in accordance with Section 12(f) of the DFS Establishment Act (D.C. Official Code § 5-1501.11(f)).

An additional meeting may be held for any reason.

4003.4 The presence of a majority of the voting members of the Board shall constitute a quorum.

4003.5

(a) The Board may create subcommittees as needed to assist in the performance of its duties.

Subcommittees may be formed at the recommendation of the Director of the Department or the Chairperson of the Board.

Each subcommittee shall elect a subcommittee leader, whose responsibility shall be to liaise between the Board and the subcommittee.

Subcommittees are not subject to District Open Meetings Act requirements unless a quorum of members of the Board participates in the meeting or teleconference.

The Board shall review each recommendation made by a subcommittee, and upon review of the recommendation, may adopt (in whole or in part, and with or without amendments) or reject the recommendation.

4003.6

(a) The Board may appoint an advisor(s) to provide specialized or technical assistance if the Board determines that such expertise is appropriate to perform its functions. The advisor’s service shall be voluntary and unpaid.

Any member of the Board may request that an advisor be appointed. The advisor must be approved by a majority vote of the Board before the advisor is appointed.

The advisor must be qualified to provide the requested assistance. An advisor is deemed qualified if a majority of the Board deems the advisor qualified to provide assistance in the requested field.

4003.7

(a) Board members may communicate with each other on matters relating to the Department outside of Board meetings.

Board members may communicate in person, via teleconference, by electronic communication, or in any other fashion as deemed appropriate by the Board.

The Board must comply with the District Open Meetings Act if a quorum of its members communicates on matters relating to the Department in person or via teleconference outside of a Board meeting.

Written correspondence as contemplated in this section is not subject to District Open Meetings Act requirements, but shall be subject to the District’s freedom of information act.

4003.8

(a) Minutes shall be prepared for each meeting of the Board, as required by the Open Meetings Act.

Draft minutes shall be made available to the public three (3) business days after the conclusion of a meeting. Final minutes approved by the Board shall be made available within seven (7) business days after the meeting at which the minutes were approved. The Department or Board may redact the minutes where permitted by District or federal law.

History

SOURCE: Final Rulemaking published at 66 DCR 2504 (March 1, 2019). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 4003

28 DCMR § 4004 SPECIFIC DUTIES OF THE SCIENCE ADVISORY BOARD

4004.1 If the Board receives a QCAR from the Department pursuant to Subsection 4002.3(d), the following actions shall be taken:

The Board shall complete its review of the QCAR within twenty (20) business days after it is received by the Board; provided, that if the Board determines that it needs additional time to complete its review, it may request that the Director approve such additional time. The Board’s request shall specify the additional time requested and the reason for the need for additional time, and the Director shall not unreasonably withhold approval of the request.

As part of its review, the Board shall determine whether it will make any recommendations to the Department on the QCAR or the matters that gave rise to the QCAR. The Board shall provide its recommendations or advice, if any, to the Department within the twenty (20) day period described in paragraph (a) of this subsection (or such longer period as may be approved by the Director pursuant to paragraph (a) of this subsection).

The Director shall review all recommendations made by the Board. If the Board provides recommendations to the Director within the twenty (20) day period (or such longer period of time as may be approved by the Director pursuant to paragraph (b) of this subsection), the Director may direct the QCAR to be modified to reflect the Board’s recommendations.

The Board may provide recommendations on the complaint or the Department’s investigation into the complaint at any point.

The Board is not required to comment on a complaint.

The Department shall keep a record of all QCARs and complaints submitted to the Board. The record shall be available to the Board upon request.

4004.2

(a) The Board shall review and make recommendations, as necessary, to the Director on the topics enumerated in Section 13(4) of the DFS Establishment Act (D.C. Official Code § 5-1501.12(4)).

Individual Board members may also make recommendations to the Director, but such recommendations shall be considered to be made in the Board member’s individual capacity not on behalf of the Board.

The Director shall review each recommendation of the Board and shall determine whether the recommendation will be adopted (in whole or in part, and with or without amendments), rejected, or further investigated by the Department.

At the first quarterly Board meeting that occurs at least ninety (90) days after the Board transmits a recommendation to the Director, the Director shall discuss the recommendation and the outcome of his or her review.

4004.3

(a) The Board shall review program standards and protocols related to the Department’s operations.

In performing such reviews, the Board may make recommendations regarding new scientific programs, protocols, and methods of testing; plans for the implementation of new program standards or protocols, continuing existing programs, improving existing programs, and eliminating unnecessary programs; and qualification standards and training requirements for scientific staff.

Upon request by the Director, the Board shall review specific program standards or protocols.

The Board shall review the program standards and protocols requested by the Director within ninety (90) days after the Director’s request. The Board may make written recommendations to the Director based on the Board’s review.

4004.4

(a) At least once every three (3) years, the Board shall review all manuals and procedures referenced in Section 5(b) of the DFS Establishment Act (D.C. Official Code § 5-1501.04(b)) to determine whether modification of the manuals or procedures is desirable. In performing its review, the Board shall conduct a review of relevant scientific literature.

(b) The chairperson of the Board shall be responsible for ensuring the Board performs such reviews.

(c) At the first Board meeting of each three (3) year review period, and at the first Board meeting for the second and third year of each three (3) year review period, the Board shall determine what manuals and procedures it will review during the year.

(d) At the end of each year in a review period, the Board shall hold an extra meeting specifically to discuss the results of its review and any modifications to the manuals or procedures that the Board may propose based on its review. The Board shall not be required to hold an extra meeting in a review year to discuss its review and modifications if it submits to the Director a report describing its review and recommendations (if any) no later than three (3) months before the end of the review year.

(e) If the Department makes a substantial change to a manual or procedure during a three (3) year review period, the Department shall promptly notify the Board of the substantial change. For the purposes of this provision, a substantial change is a significant modification, expansion, or reduction in the nature or scope of a manual or procedure

(f) This section does not prohibit the Board from reviewing any of the manuals and procedures referenced in Section 5(b) of the DFS Establishment Act (D.C. Official Code § 5-1501.04(b)) multiple times within a three (3) year period.

(g) The first three (3) year review period shall be from March 2016 to March 2019. Every three (3) years following the first three (3) year review period shall be deemed a review period.

(a) The Board shall advise the Mayor and Council of the District of Columbia on matters relating to the Department or forensic science where the Board deems it appropriate.

The Board may advise the Mayor and Council either in writing or orally.

The Board, prior to submitting a written report to the Mayor or Council, shall deliver a copy of a draft of the report to the Director who shall have forty-five (45) days to review, comment on, or respond to the draft report.

History

SOURCE: Final Rulemaking published at 66 DCR 2504 (March 1, 2019). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 4004

28 DCMR § 4005 MEMBERSHIP ON THE SCIENCE ADVISORY BOARD; ELECTION OF CHAIRPERSON

4005.1 As provided in Section 12(a) of the DFS Establishment Act (D.C. Official Code § 5-1501.11(a)), the Board is composed of nine (9) voting members, as well as the Director and Deputy Director of the Department as ex officio, non-voting members.

4005.2 The Board shall elect a chairperson from among its voting members, who shall serve for a term of one (1) year.

A chairperson may be re-elected by the Board to serve consecutive one (1) year terms.

No chairperson shall be permitted to serve for more than three (3) terms.

History

SOURCE: Final Rulemaking published at 66 DCR 2504 (March 1, 2019). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 4005

28 DCMR § 4099 DEFINITIONS

4099.1 For the purposes of this chapter, the following terms shall have the following meanings:

Chairperson – the Chairperson of the Board.

DFS Establishment Act – the Department of Forensic Sciences Establishment Act of 2011, effective August 17, 2011 (D.C. Law 19-18; D.C. Official Code §§ 5-1501.01 et seq.)

Director – the Director of the Department of Forensic Sciences.

Misconduct –an unacceptable or improper behavior that leads to a failure to meet expected standards of practice.

Open Meetings Act – the Open Meetings Act, effective March 9, 2016 (D.C. Law 18-350; D.C. Official Code §§ 2-571 - 2-580).

Professional negligence – the breach of professional duty through a violation of the standards of care.

QCAR – a Quality Corrective Action Report, which stems from a recommendation to correct a prior action on any function that has an analytical value that affected laboratory or work value.

QPAR – a Quality Preventative Action Report, which stems from a recommendation for improvement on any function that has an analytical value that affects laboratory or work value.

Testing error –a technical result or interpretation that is incorrect and which may have resulted in inaccurate conclusions being reported.

History

SOURCE: Final Rulemaking published at 66 DCR 2504 (March 1, 2019). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 4099

28-50 MEDICAL EXAMINER

28 DCMR § 5000 GENERAL PROVISIONS

5000.1 There is established as a subordinate agency in the executive branch of the government of the District of Columbia, the Office of the Chief Medical Examiner ("OCME").

5000.2 The Mayor shall nominate, with the advice and consent of the Council, a person to serve as the Chief Medical Examiner ("CME") within the OCME pursuant to §1-523.01(a).

5000.3 The CME shall be responsible for the management and operation of the OCME. The CME shall appoint a Deputy CME and any other medical examiners the CME finds necessary to carry out the duties of the OCME.

History

SOURCE: As amended by Final Rulemaking published at 52 DCR 8922 (October 7, 2005).

28 DCMR § 5001 DUTIES OF THE CHIEF MEDICAL EXAMINER'S OFFICE

5001.1 The CME and such other medical examiners as may be appointed, may administer oaths and affirmations and take affidavits in connection with the performance of their duties.

5001.2 The CME, other medical examiners, and such other medical examiners as may be appointed, medicolegal investigators and toxicologists as he or she may appoint, may be authorized by the CME to teach medical and law school classes, to conduct special classes for law enforcement personnel and to engage in other activities related to their work.

5001.3 The CME and other medical examiners are authorized to determine with reasonable medical certainty the cause and the circumstances surrounding each death required to be investigated. To protect the integrity and autonomy of these death investigations, the following shall apply:

(a) Neither the CME nor his/her agents or designees shall accept any money or other compensation, or benefit, either directly or indirectly, that could appear to create a potential conflict or influence over the death investigation.

(b) Unless the Medical Examiner deems it necessary to determine the cause and manner of death, he/she shall not participate in any organ harvest procedure.

(c) The physician performing an organ harvest shall immediately stop the procedure and notify the Medical Examiner if any unforeseen injury/trauma is discovered during the procedure.

(d) The physician performing an organ harvest as described in paragraph (b), above, is required to provide a detailed description of the procedure in the Medical Examiner’s format to the Medical Examiner in accordance with D.C. Official Code § 5-1406(b).

5001.4 The Chief Medical Examiner shall investigate those types of death s enumerated in D.C. Official Code § 5-1405(b)(2001), which includes the following:

(a) All known or suspected unnatural deaths;

(b) All deaths occurring without medical attention within a period of ten (10) days prior to death;

History

SOURCE: As amended by Final Rulemaking published at 52 DCR 8922 (October 7, 2005), and as amended by NOTICE OF EMERGENCY AND PROPOSED RULEMAKING at 54 DCR 8843 (September 7, 2007) [EXPIRED].

28 DCMR § 5002 DEATHS - NOTIFICATION; PENALTIES FOR NONCOMPLIANCE

5002.1 For all deaths described in subsection 5001.4, the CME shall take charge of the body upon the mandatory and direct notification of the death required by subsection 5002.2. The CME, or duly authorized representatives of the CME, shall have authority to respond to the scene of the death. The body of the decedent shall not be disturbed unless the CME, or the CME's designee, grants permission to do so.

5002.2 All law enforcement officers, emergency medical service (EMS) personnel, physicians, nurses, health care institutions, nursing homes, community residential facilities, prisons and jails, funeral directors, Embalmers and other persons shall promptly notify the OCME of the occurrence of all deaths coming to their attention which are subject to investigation under subsection 5001.4 and shall assist in making the bodies and related evidence available to a medical examiner for investigation and autopsy.

5002.3 Any person subject to the reporting requirements in subsection 5002.2 of this section who willfully fails to comply with this section shall be guilty of a misdemeanor and upon conviction shall be fined not less than $100 nor more than $1,000.

History

SOURCE: As amended by Final Rulemaking published at 52 DCR 8922 (October 7, 2005).

28 DCMR § 5003 POSSESSION OF EVIDENCE AND PROPERTY

5003.1 At the scene of any death subject to investigation under subsection 5001.4, the medical examiner, a medicolegal investigator, or a law enforcement officer shall take possession of any objects or articles which, in his or her opinion, may be useful in establishing the cause and manner of death or the identity of the decedent and shall hold them as evidence.

5003.2 Information and evidence surrounding the circumstances of death shall be acquired as follows:

(a) The CME is authorized to issue a subpoena for confidential medical records and relevant information from physicians, hospitals, nursing homes, residential care facilities and other health care providers as in his/her opinion is necessary for investigating deaths under D.C. Official Code § 5-1407 (2001).

(b) The Chief Medical Examiner shall obtain from the Homicide section of the Metropolitan Police Department circumstantial information, medical histories, witnesses’ statements, and other pertinent facts regarding deaths investigated by him/her.

(c) Hospital records shall be made available to members of the Homicide Section, who, for purposes of this subsection, are designated as agents of the Chief Medical Examiner

(d) The Homicide Section may, when circumstances warrant, request that the Chief Medical Examiner be present at the scene of death to assist in the investigation.

5003.3 Objects or articles that accompany a decedent’s remains received at the OCME and that are not deemed to meet the criteria of Subsection 5003.1 shall be handled as follows:

Objects or articles of value shall accompany a decedent’s body if the body is released to a funeral home as directed by the person with priority in disposition of the decedent’s remains under D.C. Official Code § 3-413 unless such objects or articles are deemed to be a hazard to health or safety.

In the event of public disposition under Subsection 5004.2, objects or articles of value shall be released to the person with priority in disposition of the decedent’s remains under D.C. Official Code § 3-413. If no such person is readily available, OCME shall forward all objects and articles of value to the Property Clerk of the Metropolitan Police Department unless such items are deemed to be a hazard to health or safety.

Any item used for tentative identification shall be released as set forth in paragraphs (a) and (b) after identification is confirmed by scientific means.

OCME may dispose of, in any reasonable manner, objects and articles of no apparent value and objects and articles deemed to be a hazard to health or safety.

History

SOURCE: As amended by Final Rulemaking published at 52 DCR 8922 (October 7, 2005), and as amended by NOTICE OF EMERGENCY AND PROPOSED RULEMAKING at 54 DCR 8843 (September 7, 2007) [EXPIRED]; as amended by Final Rulemaking published at 70 DCR 001274 (February 2, 2024). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 5003

28 DCMR § 5004 DELIVERY OF BODY; EXPENSES

5004.1 Following investigation or autopsy, the CME shall release the body of the decedent to the person having the right to the body for the purpose of burial or other disposition pursuant to law.

5004.2 Bodies which are unidentified or unclaimed after a period of fifteen (15) days following reception at the Office of the Chief Medical Examiner shall be released to an educational institution for the purpose of transplantation, therapy, research, or education pursuant to law, shall be cremated, or otherwise disposed of according to law.

5004.3 Only the CME shall dispose of unclaimed bodies in the District without a next of kin or other means of disposition.

5004.4 Clearances by the CME shall be required for all deaths occurring in the District of Columbia for which cremations are requested regardless of where the cremation will occur.

History

SOURCE: Final Rulemaking published at 52 DCR 8922 (October 7, 2005); as amended by Final Rulemaking published at 68 DCR 010563 (October 8, 2021). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 5004

28 DCMR § 5005 ACCESS TO DOCUMENTS AND RECORD RETENTION

5005.1 The CME shall be responsible for maintaining full and complete records and files, properly indexed, which provide the following information:

(a) The name, if known, of every person whose death is investigated;

(b) The place where the body was found;

(d) The cause and manner of death; and

(e) All other relevant information and reports of the medical examiner concerning the death.

5005.2 The CME shall promptly deliver copies of records relating to deaths as to which further investigation may be advisable to all persons designated below, and the records and files maintained under the provisions of Subsection 5005.1 shall be open to inspection upon written request by any person designated by:

The Mayor;

(b) The Office of the United States Attorney for the District of Columbia;

(d) Any other law enforcement agency;

(e) A government organization responsible for protecting health or safety; or

(f) A District fatality review committee or board.

5005.3 The CME shall release a copy of an external examination or autopsy report to the following persons upon such conditions and payment of such fees as may be prescribed under this chapter and applicable privacy laws after a written request is made by:

A person with the priority right to control disposition of the decedent’s remains (“next of kin”);

A person who has the written authorization of the next of kin for release of the records;

A person who has the authority to receive the records under a valid subpoena issued by a court having jurisdiction over OCME;

A person to which a court having jurisdiction over OCME has ordered the release of the records; or

A healthcare professional, facility, or peer review committee for the purpose of reviewing the quality of the decedent’s healthcare.

5005.4 A person who is not listed in Subsection 5005.3 may obtain the following information about a decedent upon such conditions and payment of such fees as may be prescribed under this chapter, the Freedom of Information Act, and applicable privacy laws:

Name of the decedent;

Race of the decedent;

Sex of the decedent;

Age of the decedent;

Cause of death;

Manner of death;

Place of death;

Case identification number;

Date of examination; and

Name of the examiner performing the external examination or autopsy.

5005.5 (a) Photographs, video, and other images of a decedent, or any part of the body of a decedent, are exempt from the Freedom of Information Act under D.C. Code § 2-534(a)(2) or (a)(3)(C), as an unwarranted invasion of privacy of the survivors of the decedent. The CME shall not release photographs, video, or other images of a decedent, or any portion of the body of a decedent, except under the circumstances provided in Subsection (b) of this subsection.

(b) Copies of photographs, video, or other images of a decedent, or any portion of the body of a decedent, shall be made available upon such conditions and payment of such fees as may be prescribed under this chapter and applicable privacy laws in only the following circumstances:

(1) In a criminal action or proceeding related to the decedent’s death upon written request by a prosecuting attorney or upon service of a valid subpoena by an attorney defending a person charged with a crime related to the death of the decedent;

(2) In a civil action or proceeding upon the written authorization of the person with the right to control disposition of decedent’s remains or upon service of a valid subpoena by an attorney representing a party in litigation related to the death of the decedent;

(3) In an investigation by a person listed in Subsection 5005.2 upon written request; or

(4) In medical or scientific education or research where the CME has granted permission and the identity of the decedent is kept confidential.

5005.6 Information obtained by the OCME from the Homicide Section of the Metropolitan Police Department pursuant to Subsection 5005.1 shall not be available to those individuals covered under Subsection 5005.3.

5005.7 Records and files maintained pursuant to Subsection 5005.1 shall be preserved by the CME for a period of thirty (30) years except that records and files related to an open investigation of a homicide shall be retained for sixty-five (65) years from the date the CME initiates its investigation of the homicide.

5005.8 Toxicology specimens shall be preserved by the CME for a minimum of twelve (12) months and histology specimens shall be preserved for a minimum of three (3) months.

History

SOURCE: As amended by Final Rulemaking published at 52 DCR 8922 (October 7, 2005); as amended by Final Rulemaking published at 70 DCR 001274 (February 2, 2024). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 5005

28 DCMR § 5006 FEES FOR COPIES OF DOCUMENTS AND SERVICES

5006.1 The following fee schedule shall apply when copies of documents are provided to, or services are provided for, non-governmental parties by the Office of the Chief Medical Examiner.

Autopsy Report or External Examination Report

Family members $15.00

Insurance companies 75.00

Other private parties 75.00

Proof of Death (certified) 25.00

Toxicology Report 25.00

28 DCMR § 5007 DEFINITIONS

5007.1 For the purposes of this chapter, the following terms shall have the meanings ascribed:

(a) "CME" - the Chief Medical Examiner.

(b) "Death investigation" - an investigation conducted by the Office of the Chief Medical Examiner into the cause and manner of death of an individual who died in the District of Columbia.

(d) “Legal custody” –

(1) Under the physical control or restraint of a law enforcement officer, a correctional officer (including a private correctional officer), or an authorized employee or agent of a District juvenile secure facility (as the term “secure facility” is defined in Section 102 of the Department of Mental Health Establishment Amendment Act of 2006, effective March 2, 2007 (D.C. Law 14-56; D.C. Official Code § 7-1131.02(29A)), or youth residential facility, including being:

(A) Under arrest;

(B) In the process of being arrested;

(D) In the process of being detained:

(2) Incarcerated in, committed to, or on work release (as the term “work release” is defined in 28 DCMR § 533.4) from a District jail or correctional facility (including contract facility) or a District psychiatric hospital; or

(3) Committed to a District juvenile secure facility (as the term “secure facility” is defined in Section 102 of the Department of Mental Health Establishment Amendment Act of 2006, effective March 2, 2007 (D.C. Law 14-56; D.C. Official Code § 7-1131.02(29A)), or youth residential facility.

(e) "Legitimate interest" - a direct interest in obtaining medical, scientific information, or other information maintained by the Office of the Chief Medical Examiner.

(f) "Medical Examiner Case" - a case for which OCME has accepted jurisdiction to investigate pursuant to D.C. Official Code § 5-1405 (2001 ed.).

(g) “Medicolegal Investigator” or “MLI” - means a physician assistant or advanced practice registered nurse licensed under the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201 et seq. (2001 ed.)), who is also a forensic investigator and employed by OCME and who conducts death investigations including the use of scene investigations, body examinations and medical history documentation to support forensic investigations and death certifications by OCME.

(h) "OCME" - the office of the Chief Medical Examiner.

(i) "Open investigation" - the same meaning as provided in Section 101(10) of the Millicent Allewelt Amendment Act of 2004, passed on 2nd reading on March 2, 2004 (Enrolled version of Bill 15-34).

(j) "Public disposition" -the burial or cremation of an unclaimed human body that is paid for by the District of Columbia.

(k) "Ready for Release" - following investigation or autopsy, the CME shall relinquish the decedent's body to the person having the right to the body for the purpose of burial or other disposition pursuant to law.

(l) "Ward" - any person in the official custody of the District government, on a temporary or permanent basis, because of neglect, abuse, mental illness or mental retardation.

(m) "Forensic Investigator" - an individual who gathers information related to the application of scientific knowledge to legal problems.

History

SOURCE: Final Rulemaking published at 52 DCR 8922 (October 7, 2005); as amended by Emergency and Proposed Rulemaking at 54 DCR 8843 (September 7, 2007) [EXPIRED]; as amended by Final Rulemaking published at 63 DCR 2375 (March 4, 2016 – Part 1). District of Columbia Municipal Regulations Corrections, Courts, and Criminal Justice 28 DCMR § 5007

28-51 CHILD FATALITY REVIEW COMMITTEE

28 DCMR § 5100 REVIEW OF CASES BY CHILD FATALITY REVIEW COMMITTEE

5100.1 The Child Fatality Review Committee Establishment Act of 2001 (D.C. Law 14-02) the Child Fatality Review Committee ("Committee") shall conduct reviews of the deaths of children who meet the criteria of Section 4605 of the Child Fatality Review Committee Establishment Act of 2001 (D.C. Law 14-28) D.C. Official Code § 4-1371.05 (2001).

5100.2 The Committee shall have the discretion to determine the manner of review of cases, including the use of any of the approaches listed below:

(a) Multidisciplinary/multi-agency reviews of individual fatalities;

(b) Multidisciplinary/multi-agency reviews of clusters of fatalities identified by special category or characteristic;

(d) Any combination of such approaches.

5100.3 The Child Fatality Review Team, established by the Committee pursuant to section 4605 (d) of the Act (D.C. Official Code § 4-1371-05(d) (2001), shall conduct individual reviews of the deaths of children one year of age or older. These reviews shall include, at a minimum, the following:

(a) Children under the age of 14 years in which evidence illustrates that one or more of the following factors may have been present:

Blunt force trauma, child abuse syndrome, or other causes associated with child abuse, including sexual abuse;
Malnutrition, dehydration, failure to thrive, or other causes associated with neglect;
Head trauma or fractures;
Drowning;
Asphyxia, suffocation, or strangulation;
Evidence of ingestion of drugs, alcohol, or another harmful substance (including pre and/or post-natally);
Burns or smoke inhalation;
Gunshot wound;
Suicide; or
Suspicious cause and manner of death.

(b) Children over the age of 14 years in which evidence illustrates that one of the following factors may have been present:

A determination of suicide as the manner of death; or
A cause and manner of death suspicious in nature.

5100.4 The Infant Mortality Review Team shall conduct individual reviews of the deaths of children under the age of one year. These reviews shall include, at a minimum, the following fatalities:

(a) Deaths investigated and certified by the Office of the Chief Medical Examiner; and

(b) Twenty percent of deaths of infants with 500 grams or greater birth weight.

5100.5 A full multidisciplinary/multi-agency team ("Cluster Review Team") shall review groups of cases ("clusters") that share common characteristics and trends that may indicate a prevailing community problem or risk factor for specific types of fatalities. A cluster shall be identified by the following:

(a) Special categories or common characteristics;

(b) Trends;

(d) Other contributory factors, such as, parental/child behavior, environmental conditions, etc.; and/or

(e) Health conditions.

5100.6 The composition of the Infant Mortality Review Team, Child Fatality Review Team and the Cluster Review Team ("the Teams") shall be multi-disciplinary and multi-agency; but may vary upon the type of death and review required.

5100.7 The teams shall have broad cross representation of the service areas and professionals identified by the member agencies and organizations.

5100.8 Committee members may designate representatives from their respective agencies and organizations who have the requisite administrative or program knowledge and experience to serve on the Teams.

5100.9 A minimum of two community members shall participate on each of the Teams.

5100.10 The Committee shall make every effort to involve community members from the wards of the decedents whose cases are being reviewed in Team meetings.

5100.11 Community members of Teams may not delegate the responsibility to serve on the Team nor designate an alternate.

5100.12 The Teams may include participants who are not official Committee appointees.

5100.13 The Committee shall identify non-Committee participants in the Teams through a data gathering process from representatives of the agencies and organizations that were involved with a decedent's family.

5100.14 Other persons and consultants having expertise in professional areas that are not represented on the Committee may also be invited to participate in Team meetings when the discussion involves issues where their special expertise is required.

5100.15 The Committee Coordinator shall identify Team participants.

5100.16 The Committee's Co-Chairpersons may grant written requests for non-members to attend Team meeting for the purpose of training and education.

5100.17 The individual case reviews may be conducted in a manner that includes decedent, family member and agency identifiers or may be anonymous.

5100.18 Review by the Cluster Review Team shall be anonymous and may not focus on details of individual cases. The Committee may permit its established subcommittees to make annual determinations of the specific issues to be addressed through the Cluster Review Team process.

5100.19 Recommendations of the Committee shall be issued to the appropriate public agencies on a quarterly basis.

5100.20 Subordinate agency directors to whom a Committee recommendation is made shall respond in writing to the Committee within 30 days of issuance of the report containing the recommendation.

History

SOURCE: Final Rulemaking published at 52 DCR 11254 (December 30, 2005).

28 DCMR § 5101 DEFINITIONS

5101.1 For the purposes of this Chapter, the term:

(a) "Multidisciplinary/multi-agency reviews of individual fatalities" means a comprehensive review of the circumstances surrounding the death and interventions and organizations prior to, at the time of, or subsequent to the fatal event in order to identify case specific systemic improvements and prevention strategies.

(b) "Multidisciplinary/multi-agency reviews of clusters of fatalities" means cohort studies of groups of child death cases based on similar characteristics, causes and manners of death, trends or other similar circumstances surrounding the death

(c) "Statistical reviews of fatalities" means a review of the relevant data factors identified for routine collection for all child fatalities that meet the criteria of Section 4605 of the Act (D.C. Official Code 4-1371.05) (2001).

(d) "Cluster" means a group of cases identified by special categories or common characteristics, trends, causes of death, or other contributory factors (parental/child behavior, environmental conditions, etc.) and/or health conditions. The reviews shall focus on the common characteristics and trends of the cluster that may indicate a prevailing community problem or risk factor for specific types of fatalities.

History

SOURCE: Final Rulemaking published at 52 DCR 11254 (December 30, 2005).