A Rule Violations

Section 299.APPENDIX A   Rule Violations Willfully disobeying any rule of the facility is prohibited.  Rule violations that do not affect the safety or security of the facility may be deemed minor rule violations and may be addressed by the Program Unit Hearing Officer.  Conversely, rule violations that impact the safety and security of the facility are deemed major rule violations and require an appearance before the Behavior Committee to determine the appropriate behavioral intervention. Aiding and abetting any person in the commission of any of these rule violations; attempting to commit any of these rule violations; soliciting another to commit any of these rule violations; or conspiring to commit any of these rule violations, shall be considered the same as the commission of the rule violation itself. MAJOR RULE VIOLATIONS ARSON Setting fire anywhere outside or inside the facility, the grounds or State vehicles is not allowed. BATTERY TO ANY PERSON Causing a person or an object to come into contact with another person in an offensive, provocative or injurious manner, or fighting with a weapon is not allowed. BRIBERY & EXTORTION Asking for or receiving anything of value in exchange for protection, to avoid harm or injury, or through coercion is not allowed.  Giving or receiving money or anything of value may additionally be deemed trading and trafficking. CELL PHONE OR COMPUTER/INTERNET USAGE Receiving, possessing or using a cell phone or internet capable device (this also includes wireless connections such as data, Bluetooth or WIFI) or a similar technology medium is not allowed.  In addition, e-mail and social networking is not allowed.  Homemade computers are not allowed.  Residents are not allowed to create, make, assemble or build a computer or similar device or maintain any device capable of storing electronic data or images. COMMUNICATION, MISUSE OR POSSESSION OF STAFF PERSONAL INFORMATION OR ITEMS Seeking or giving out any personal information to another resident, staff member or visitor about a staff member (former or current) of the TDF is not allowed.  This includes talking or writing anything of a personal nature about a staff member. CONCEALMENT OR MISREPRESENTATION OF IDENTITY Wearing a disguise or a mask, impersonating another, or otherwise concealing one's identity is not allowed.  This includes residents refusing to identify themselves with their ID, when requested by an employee, or wearing a hat or wig, make-up or sunglasses inside the facility without authorization. DAMAGE OR MISUSE OF PROPERTY Destroying, damaging, defacing, removing, altering, tampering with, or otherwise misusing State property, the property of another person, or the resident's own property, including the obstruction of locks or security devices, is not allowed. DANGEROUS CONTRABAND Possessing, manufacturing, introducing, selling, supplying to others, or using without authorization any explosive, acid, caustic material for incendiary devices, ammunition, dangerous chemical, escape material, knife, sharpened instrument, gun, firearm, razor, glass, bludgeon, brass knuckles, any other dangerous or deadly weapon or substance of like character, or any object that is made to appear to be a deadly or dangerous weapon or substance is not allowed. DANGEROUS DISTURBANCES Causing, directing or participating in any action, either within the facility or in the community, that may seriously disrupt facility operations or threaten the health or safety of any persons or the condition of property is not allowed.  This includes the taking or holding of hostages by force or threat of force. DISOBEYING A DIRECT ORDER (MAY ALSO BE A MINOR VIOLATION) Willfully refusing to comply with an order, including the refusal to participate in testing for drug abuse required under Section 45 of the Act, is not allowed. DRUGS AND DRUG PARAPHERNALIA Possessing, manufacturing, introducing, selling, giving to others, or receiving alcohol, any intoxicant, inhalant, narcotic, syringe, needle, controlled substance or marijuana, or being under the influence of any of these substances is not allowed.  This violation includes medication misuse, e.g., the possession or use of unauthorized amounts of prescribed medication and selling, supplying, or receiving prescribed medication to/from others. ESCAPE Leaving or failing to return to lawful custody of the facility without authorization is not allowed. FIGHTING Unauthorized fighting with another consenting person, which is not likely to cause serious bodily injury to one or the other, and that does not involve the use of a weapon, is not allowed. FORGERY Forging, counterfeiting or reproducing any signature, document, article of identification, money, security or official paper without authorization is not allowed. HEALTH, SMOKING OR SAFETY VIOLATIONS Smoking and chewing tobacco of any kind are not allowed in the facility.  All eating, living and work areas are to be kept clean and free of items or trash.  Tattooing or body piercing is not allowed. INTERFERING WITH FACILITY OPERATIONS Behavior that interferes with the smooth and orderly operation of the facility is not allowed.  This includes movement to or from the living unit, movement during med line and count, escorted movement, or when a resident is asked to be secured in his/her room, etc.  This also includes refusing to accept a room assignment and refusing to follow any drills and/or emergency procedures. INTIMIDATION OR THREATS Expressing, by words, actions or other behavior, an intent to injure any person that creates the reasonable belief that physical, monetary or economic harm to that person or to another will result is not allowed. PETITIONS AND BUSINESS VENTURES Writing, signing or circulating a petition without authorization is not allowed.  Engaging in a business venture without express authorization from the Program Director is not allowed. POSSESSION OF MONEY OR CASH EQUIVALENTS Possessing or causing to be brought into the facility, United States currency/coins or other negotiable instruments is not allowed.  This includes credit cards, debit cards, gift cards, money orders, cash, etc. PROVIDING FALSE INFORMATION TO STAFF Giving false information, directly or indirectly, in the course of an investigation that would mislead an employee is not allowed. SEXUAL MISCONDUCT AND SEXUAL CONTACT Residents are not allowed to have sexual activity or sexual contact or ask for sexual activity with other persons in the facility.  Self-gratifying sexual behavior, such as masturbation, can only occur in the privacy and confines of a resident's own room and cannot be done within view of employees or other residents, including the resident's roommate.  Touching anyone's genital area over or under the clothing, kissing, hugging, patting, fondling of any sort, including sexual activity, is not allowed.  Being in the shower with another resident is not allowed.  Sexual talk, sexual horseplay, sexual language and comments that are offensive are not allowed. STAFF MANIPULATION OR SPLITTING Attempting to bribe, convince, trick, sway or talk an employee into going against the facility or living unit rules, or the policies and procedures set forth in the Resident Handbook, is not allowed.  Going from one employee to another in order to split staff or in order to "shop around" for an answer the resident likes, is not allowed. STALKING Willful and repeated following, watching, calling and/or harassing of another resident or employee is not allowed. STEALING – MAJOR Taking any items from the facility, another resident or employee without authorization is not allowed.  Stealing that threatens the safety or security of the facility is a major rule violation. TRADING AND TRAFFICKING – MAJOR The exchange (giving, accepting, loaning or borrowing) of any item, personal items or services is not allowed.  Residents may not trade or traffic with any employee, visitor or other resident.  Trading or trafficking that threatens the safety or security of the facility is a major rule violation. TRANSFER OF FUNDS Causing money to be moved from one resident's trust fund account to another resident's account, or having someone outside of the facility place money in the account of another resident, is not allowed. UNAUTHORIZED COMMUNICATION Communicating, without prior authorization, or engaging in unwelcome communication (e.g., by mail, telephone, or through other persons) with any victim or the family of any victim of sexual violence is not allowed.  Unapproved or unwanted communication with any employee or the family of an employee, or any person who has requested no further communication must be respected at all times.  Sending unauthorized requests or correspondence is not allowed; this includes repeated and/or excessive written requests or correspondence.  In addition, written material containing sexual language is not allowed. UNAUTHORIZED MOVEMENT − MAJOR Unauthorized movement is being anywhere that is not allowed or being absent from where the resident is supposed to be.  Unauthorized movement that threatens the safety or security of the facility is a major rule violation. UNAUTHORIZED ORGANIZATIONAL ACTIVITY Engaging or coercing others to engage in unauthorized organizational activities or meetings; displaying, wearing, possessing or using unauthorized organizational insignia or materials; or giving unauthorized organizational signs is not allowed. UNAUTHORIZED PROPERTY Possessing, giving, loaning, receiving or using property that a resident has no authorization to have or to receive and that was not issued to him/her through regular procedures, including the unauthorized possession of food or clothing, or the possession of property in excess of that authorized by the facility, is not allowed. VIOLATING STATE OR FEDERAL LAWS Committing any act that would constitute a violation of State or federal law is not allowed. VIOLATION OF RULE – MAJOR Any other behavior or activity that, in the opinion of the Program Director, Security Director, or Treatment Team, poses a therapeutic, fire, health and/or safety risk is a major rule violation. MINOR RULE VIOLATIONS ABUSE OF PRIVILEGES Violating any rule that governs the use of privileges at the facility is not allowed.  This includes, but is not limited to, visits, yard, commissary, telephone, recreational activities, and use of State computers. CONFERENCE CALLS/3-WAY CALLS Unauthorized participation in a conference call or 3-way call is not allowed. CURSING AND YELLING Swearing, shouting, yelling, cursing, threatening, or saying anything aggressive or offensive to residents or employees is not allowed. DISPLAYING OR PRACTICING MARTIAL ARTS Displaying, instructing, or practicing martial arts, such as karate, tae kwon do, kickboxing, jiu jitsu, judo, etc., is not allowed. FAILURE TO MAINTAIN APPROPRIATE PERSONAL HYGIENE Residents must always keep themselves clean and groomed.  Residents must make sure their clothing and bedding is washed on a regular basis. FAILURE TO NOTIFY STAFF Concealing or failing to let an employee know of any rule violation by another resident is a violation of facility rules. FAILURE TO REPORT Failure to report for a scheduled group or Program assignment without good cause is not allowed. GAMBLING Gambling of any kind is not allowed. HORSEPLAY Rowdy, loud or rough play, wrestling, or physical contact is not allowed. INSOLENCE Communicating, touching, gesturing or other behavior that harasses, annoys or shows disrespect to any person is not allowed.  This includes referring to employees by their first names. LOITERING Loitering (to stand idle or linger) is not allowed.  Hiding or standing out of staff's view in order to read or hear what an employee is writing or saying is considered loitering. POSSESSION OF CONTRABAND – MINOR Possession of contraband is not allowed.  Possession of contraband is considered a minor violation if it involves personal property that does not threaten the safety or security of the facility. ROOM VISITING Standing, sitting, lying down, etc., outside another resident's door in order to talk or visit is not allowed. STEALING − MINOR Taking any items from the facility, another resident or an employee without authorization is not allowed.  To be considered a minor violation, the property must not pose a risk to the safety or security of the facility. TRADING AND TRAFFICKING − MINOR The exchange (giving, accepting, loaning or borrowing) of any item, personal items, or services is not allowed.  A resident may not trade or traffic with any employee, visitor or other resident.  To be considered a minor violation, the property must not pose a risk to the safety or security of the facility. UNAUTHORIZED MOVEMENT – MINOR Unauthorized movement is being anywhere that is not allowed or being absent from where a resident is supposed to be.  Unauthorized movement that does not threaten the safety or security of the facility is a minor rule violation. VIOLATION OF RULES − MINOR Willfully disobeying any rule of the facility is prohibited.  Any other behavior or activity that, in the opinion of the Program Director, Security Director, or Treatment Team, does not pose a therapeutic, fire, health and/or safety risk is a minor rule violation.