D.C. Mun. Regs. tit. 28, r. 28-702

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

Rule 28-702 - 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.

(c) Violation of curfew (defendants return to the CCC after curfew but before a warrant for escape is issued).

(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.

D.C. Mun. Regs. tit. 28, r. 28-702

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