District of Columbia Administrative Code

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 …

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 …

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 su…

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 o…

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 b…

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 …

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 …

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 obtain…

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 ins…

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 br…

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 Ac…

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 C…

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…

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 …

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…

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 Depart…

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 …

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…

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 deter…

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 s…

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 homosexua…

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…

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 fou…

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 …

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 …

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 B…

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. 50…

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 w…

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 …

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 matte…

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 …

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 …

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 qu…

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 t…

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 A…

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 (c) Voluntary protective custody. 520.2 A resident who has been fou…

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: …

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 thi…

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 …

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…

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 wi…

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 informati…

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 ret…

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 circums…

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 tha…

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 i…

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 rankin…

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, mec…