521. ADMINISTRATIVE SEGREGATION AND PROTECTIVE CUSTODY

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 (c) The resident poses a definite escape risk. 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; (c) The right to have items purchased for them from the canteen; (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. SOURCE: Final Rulemaking published at 28 DCR 865, 890-92 (February 27, 1981).