D.C. Mun. Regs. tit. 28, r. 28-502

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 28-502 - 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;

(c) Kidnapping;

(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;

(c) Becoming intoxicated or drinking 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.

D.C. Mun. Regs. tit. 28, r. 28-502

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