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.

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

(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:

1. (a) Any form of dietary restriction or the use of food or meals as punishment;
2. (b) Use one defendant to discipline another defendant.
3. (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).
4. (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).
5. (e) Use restraints or excessive force as punishment. (Restraints may only be used in accordance with the Department's policy on use of force).

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