LAC 22:I.341. Disciplinary Rules and Procedures for Adult Inmates

Editor’s Note: This Section contains rules formerly printed in LAC 22:I.341, 343, 345, 347, 349, 351, 353, 355, 357, 359, 361, and 363. A. Purpose—this department regulation constitutes the department’s Disciplinary Rules and Procedures for Adult Inmates as a regulation. B. Applicability—deputy secretary, chief of operations, regional wardens, wardens, director of probation and parole, director of prison enterprises, sheriffs, and administrators of local jail facilities and transitional work programs. Each unit head shall ensure appropriate unit written policies are in place to comply with the provisions of this regulation. C. Policy. The secretary’s policy is that all inmates and employees shall have reasonable access to and comply with the department’s Disciplinary Rules and Procedures for Adult Inmates. The Disciplinary Rules and Procedures for Adult Inmates are established to provide structure and organization for the state’s facilities and a framework within which the inmate population can expect the disciplinary system to function. 1. Revisions shall be accomplished through this regulation under the signature of the secretary. D. Disciplinary Rules and Procedures for Adult Inmates 1. This book of disciplinary rules and procedures constitutes clear and proper notice of sanctions for each inmate sentenced to the Department of Public Safety and Corrections. 2. It is the policy of the Louisiana Department of Public Safety and Corrections to operate a swift and fair disciplinary process that follows constitutional and statutory standards. The Disciplinary Rules and Procedures for Adult Inmates establishes a uniform inmate disciplinary process that: a. maintains order and control of institutional safety; b. ensures inmates are disciplined fairly; c. ensures constitutional rights are protected; d. modifies inmate behavior in a positive manner; and e. maintains an official record of an inmate’s disciplinary history. 3. The Disciplinary Rules and Procedures for Adult Inmates provides structure and organization for the prisons and a framework within which the inmate population can expect the disciplinary system to function. All inmates sentenced to the custody of the Department of Public Safety and Corrections, regardless of their housing facility, shall be placed on notice as to the requirements of the Disciplinary Rules and Procedures for Adult Inmates by being provided with a copy of the rulebook. All inmates shall be required to sing for the receipt of the rulebook, and the signed receipt shall be filed in the inmate’s master record. 4. The secretary of the Department of Public Safety and Corrections has sole authority to change these rules, regulations, and procedures. Utilization of these procedures does not constitute the granting of any enforceable right or privilege to any inmate. 5. During incarceration, inmates can expect changes to custody level, job classification, housing assignment, institutional assignment, or opportunities to participate in institutional programs or activities. Such changes may result from classification, the imposition of disciplinary penalties, the promotion of legitimate institutional goals, or security concerns. Such changes are not necessarily disciplinary penalties. When the above changes occur as a result of other department regulations and institutional policies, they are not considered penalties in the context of the disciplinary process. 6. In the event of a genuine emergency, such as a serious disturbance disrupting normal operations or a natural disaster, the secretary or designee may suspend any and all disciplinary rules and procedures for the duration of the emergency. Full hearings must be held within a reasonable time after the end of the emergency for those inmates who were subjected to loss of good time or failure to earn incentive wages. 7. Certain procedures described herein may vary when an inmate is housed in a jail facility, including but not limited to: applicability of certain sanctions, appeals processes, availability of counsel substitutes, procedures applicable to reporting infractions, and hearing timelines. Additionally, an inmate housed in a jail facility who violates a rule for which forfeiture of good time is a possible sanction may be temporarily transferred to a state facility for the purpose of conducting a high court hearing; alternatively, the hearing may be conducted remotely utilizing a department-approved telecommunications software. Hearings related to rule violations for which forfeiture of good time is not a possible sanction will be conducted in the jail facility, and the inmate will not be transferred to a state facility for a high court hearing. Variation from the procedures provided herein is not permitted in state facilities. E. Definitions Boards—the following boards, as defined below, shall assist in determining an inmate’s custody level and placement. a. Classification Board—a multidisciplinary board(s) within each facility responsible for all inmate classification decisions. i. A. facility classification board shall consist of a minimum of two facility staff members, with those staff members representing each of the following two categories: (a.) classification, social services, medical/mental health, and (b.) security (which member shall be of the rank of caption or higher). ii. All inmates shall be given notice 48 hours prior to their classification reviews and shall be present for those reviews, unless precluded due to security or other substantial concerns, or as a result of a disciplinary board hearing. An inmate may waive in writing the 48-hour notice and/or the right to be present for the review. b. Disciplinary Board—a multidisciplinary board convened to provide a fair and impartial review of an alleged rule violation by an inmate. A disciplinary board determines if an inmate is guilty or is not guilty of an alleged rule violation and determines an appropriate sanction of the disciplinary board determines an inmate in fact is guilty of a rule violation. A properly composed disciplinary board shall consist of two people – one duly authorized and trained chairman and one duly authorized and trained member. c. Re-entry Services Team—a multidisciplinary team comprised of a classification officer, a security officer, a mental health provider, and a transition specialist to assist inmates with their transition to general population or to the community, utilizing an individualized plan and ensuring services are delivered in an effective manner. d. Segregation Review Board—a multidisciplinary team comprised of a classification officer, mental health provider, and a security officer (major or above) to consider and make recommendations as to whether or not an inmate in protective segregation, preventative segregation, or restrictive housing may be moved to a less restrictive setting or remain in restrictive housing. Classification—a process for determining the needs and requirements of those for whom confinement has been ordered and for assigning inmates to housing units, work assignments, and programs according to their needs and existing resources. Classification actions, even if resulting from an incident handled in the disciplinary process, are not disciplinary sanctions. Confidential Informant—person whose identity is not revealed to the accused inmate but who provides an employee with information concerning misbehavior or planned misbehavior. Confinement to Dormitory, Room, or Cell—confinement to one’s regularly assigned living quarters with restrictions on out-of-cell privileges such as participation in club meetings, hobby craft, or special events. Ordinarily assigned programming, work, mandatory call outs, and medical or mental health treatment shall not be restricted. Telephone privileges, recreation time, and television privileges are included under this sanction. Custody Levels—see established policies and procedures for information regarding the various custody levels and status review procedures. Disciplinary/Sanctions Matrix—A uniform system of administrative sanctions which may be imposed by the Department for rule violations, which the matrix takes into consideration the severity of the violation, behavior, and any prior history of violations. Extra Duty—work to be performed in addition to an inmate’s regulation job assignment as specified by the proper institutional authority. This work performed without the benefit of incentive wages. Incentive Pay—compensation paid to an inmate in the physical custody of the department and who is eligible to receive incentive wages and has performed satisfactory work in the compensation grade in which he has been classified. Posted Policy—policy memoranda detailing what behavior is required or forbidden of inmates and generally reflecting the needs of the facility. Posted policies must be distributed and posted in such a manner that inmates are placed on notice as to what behavior is required or forbidden and that sanctions may be imposed should the policy be violated. Prison Rape Elimination Act of 2003 (PREA) —federal law enacted to establish a zero-tolerance standard for the incident of sexual assault within an institutional setting. Refer to Disciplinary Rule 21 (Aggravated Sex Offense). Sanction—a disciplinary penalty. Segregation—special management housing whereby an inmate is confined to an individual cell separated from the general population. Segregated Housing/Unit—any housing whereby an inmate lives separate and apart from the general population unit until such time as the segregation review board determines there is no need for further segregation. Segregated housing includes: a. Disciplinary Segregation—a maximum custody housing area, typically a cell, where an inmate is housed for a definitive period of time as a result of a sanction from a disciplinary hearing. i. Investigative Segregation—a maximum custody housing area, typically a cell, where an inmate is held pending the outcome of a disciplinary hearing, pending a classification review board hearing, or pending a transfer to an appropriate housing unit. ii. Preventative Segregation—a maximum custody housing area, preferably a cell, where an inmate’s continued presence in general population is a danger to the good order and discipline of the institution and/or whose presence poses a danger to himself, other inmates, staff, or the general public. iii. Protective Segregation—a maximum custody form of separation from the general population for inmates requesting or requiring protection from other inmates for reasons of health or safety. (a). Protective segregation consists of three levels: (i). Level 1 Protective Segregation—Level 1 is a lower level of protection assignment and generally made at an inmate’s request, but may be originated by staff. A disciplinary or classification review board, depending upon the established facts and circumstances, shall confirm or deny the request and provide written reasons for its decision. All facilities are eligible to house Level 1 inmates in protective segregation. (ii). Level 2 Protective Segregation—Level 2 is based upon the nature of an inmate’s crime, prior employment history (for example: former law enforcement, politician, etc.), age, or other significant protection concerns. Generally, a Level 2 inmate is determined to be unable to live in general population at any facility, but may be considered a candidate for placement in general population at some point in the future. This designation may result in the inmate’s assignment to protective segregation at Louisiana State Penitentiary, Elayn Hunt Correctional Center, David Wade Correctional Center, or the Louisiana Correctional Institute for Women. (iii).Level 3 Protective Segregation—Long-term protection concerns usually due to past history of offense or employment (for example, former law enforcement or correctional officer). Generally, the inmate is determined to be unable to live in general population at any facility and is very unlikely to ever be suitable for general population. These inmates are housed in N-5 Protection Unit at David Wade Correctional Center, which is an open cell environment, and the Louisiana Correctional Institute for Women. iv. Transitional Segregation—a maximum custody temporary holding area, preferably a cell, until bed space is available for placement or awaiting a transfer to another institution – transitional segregation may occur in any segregated housing area. v. Residential Treatment Housing—a maximum custody area within a facility where inmates who have a mental health disorder with symptoms that are severe and persistent to the point of interfering with the inmate’s ability to behaviorally and cognitively live in a less structured secure environment are admitted for health observation and care under the supervision and direction of health care personnel. Placement in residential treatment housing is reliant on documented orders from a health care practitioner and/or psychiatrist. vi. Working Segregation—a form of maximum custody for a determinate period of time distinguished by access to work and other programs consistent with security restrictions and facility procedures. This type of assignment is used primarily after a disciplinary hearing for an inmate found guilty of violating one or more rules according to established policies and procedures or as part of the step down from a more restrictive housing. Note: The pronouns “he” and “his” as used herein are for convenience only and are not intended to discriminate against female employees or inmates. Additionally, “employee” as used herein refers not only to an employee of the Department of Public Safety and Corrections, but also to any individual having the authority to exercise supervision over an inmate. F. Disciplinary Procedures 1. This rulebook contains the disciplinary rules and procedures for inmates remanded to the state’s custody. All inmates are required to obey the rules and regulations. The following outlines the procedures that shall be followed when an inmate violates a rule. a. General Procedures i. Reporting infractions (a). When an employee witnesses or has knowledge of any act by an inmate that is in violation of the rules or posted policies, the employee shall first attempt, if appropriate, to resolve the matter informally. If the violation is observed or brought to the attention of a contract employee, volunteer, or institutional visitor, the incident shall be reported to an employee by the person observing or with knowledge of the behavior. Informal resolution may include counseling, verbal reprimand, or the giving of an instruction, warning, or order. Information resolution is not appropriate for any offense that poses a risk to the security of the institution such as solicitation of staff to violate a rule or policy, an attempt to establish an inappropriate relationship, or possession of contraband. (i). If the incident cannot be resolved informally, the employee shall complete a disciplinary report formally charging the inmate with violating a rule. Refer to Section I “Inmate Rules and Violation Descriptions” for additional information. (ii). The report shall be written by the employee who has reason to believe that an inmate has violated, attempted to violate or conspired to violate one or more disciplinary rules. [a]. An inmate who intentionally attempts to violate a disciplinary rule, even if he is unsuccessful, may receive a disciplinary report for attempting to break that rule. [b]. When two or more persons working in combination for the specific purpose of violating any disciplinary rule, they may receive a disciplinary report for conspiring to break that rule. [c]. The description of an incident may include more than one separate and distinct rule violation. It is appropriate to include more than one rule violation on a single disciplinary report. (iii). The disciplinary report shall include the following information: [a][i]. the accused’s name, DOC number, housing number and job assignment; [ii]. the reporting officer’s name and title; [iii]. the offense number; [iv]. the date and approximate time of the offense; and [v]. a description of the facts of the offense; [b]. the description of the facts of the offense shall include the name of all witnesses, the location of the incident, and a full statement of the facts underlying the charges. [c]. a description of any unusual inmate behavior, any physical evidence and its disposition, and any immediate action taken, including the use of force. (b). Upon completion of the disciplinary report, the supervisor shall review the information and forward the report and any supporting documentation to the disciplinary office or designated depository for processing. (c). The warden or his designee, or the shift supervisor, can order immediate removal from general population when it is necessary to protect the inmate or others, or when the inmate is the subject of the investigation. The action must be approved, denied, or modified within 24 hours by an appropriate and higher authority who is not involved in the initial placement. (d). In instances when an inmate is placed in investigative segregation for disciplinary purposes, the supervisor shall conduct a review of the documentation to ensure it is complete and correct and, as needed, shall investigate to confirm the reasonableness of the allegation or circumstances prompting the assignment. This review (and investigation if needed) shall be done prior to the conclusion of the supervisor’s tour of duty. (e). Time spent in investigative segregation for the offense shall be credited against segregation or extra duty sentences even when these sanctions are suspended. Credit shall not be given for time spent in investigative segregation based upon a request for protection or while an inmate is awaiting transfer to another area. (f). Assignment to disciplinary segregation shall be for a determinate period of time with reviews by a multi-disciplinary review board in accordance with established policies and procedures. (g). Established policies and procedures shall govern the time an inmate may be in segregated housing for rule violations, except to the extent documented reasons and due process review result in the need for continued preventative segregation due to a threat exhibited by an inmate may exist to self, other inmates, or staff. (h). The applicable review board shall review the status of inmates who are in investigative segregation at least seven days for the first 60 days and thereafter every 30 days. (i). The segregation review board shall review the status of inmates who are in protective segregation: [a]. Level 1 protective segregation: at least every seven days for the first 60 days and thereafter at least every 30 days; [b]. Level 2 protective segregation: every 90 days; [c]. Level 3 protective segregation: annually. (j) The applicable review board shall review the status of inmates who are in preventative segregation at least every 60 days. (k) The applicable review board shall review the status of inmates who are in working segregation at least every 90 days. ii. Notice of Disciplinary Report (a). Inmates shall be served with notice of charges at least 24 hours prior to the hearing. (b). Confirmation that the inmate was advised of the charges shall be noted on the original of the disciplinary report by the inmate’s signature. (c). If the inmate refuses to sign the disciplinary report, the delivering officer shall note the refusal in the inmate signature block and initial the box. iii. Counsel and Counsel Substitutes (a). Counsel is a licensed attorney of the inmate’s choice who has been retained by the inmate. Counsel must be obtained within 7 days of receiving the motion granting “deferral for outside counsel.” (b). Counsel substitutes are people not admitted to the practice of law, but who are instead inmates who aid and assist, without cost or fee, an accused inmate in the preparation and presentation of his defense and appeal. (c). Counsel substitutes are only those inmates appointed by the warden or designee to assist other inmates with their legal claims, including but not limited to, assistance with filing of administrative remedy procedure requests, disciplinary board appeals, and lost property claims. Counsel substitutes are not required to file disciplinary appeals, but should inform the inmate who wants to appeal of the proper way to file. Counsel substitutes may be removed from their positions if the warden or designee believes is appropriate. Inmates who are not counsel substitutes may not provide services to other inmates without the approval of the warden or designee. G. Disciplinary Hearings and Sanctions 1. Hearing Procedure a. Hearings shall provide a fair and impartial review conducted by a disciplinary officer or disciplinary board to determine if a rule infraction occurred, if the inmate is guilty or not guilty of the charges, and the appropriate sanction or sanctions. b. An investigation report may be submitted to the disciplinary board detailing the facts uncovered in an investigation. If the investigation report is used as evidence in the hearing, a copy of the report shall be maintained in the administrative record. In the alternative, the investigator may be called as a witness to present testimony. c. There are two types of disciplinary hearings: high court and low court. Generally, high court hearings are conducted for Schedule B violations, and low court hearings are conducted for Schedule A violations. See Section I, “Inmate Rules and Violations Descriptions,” for the schedule designation applicable to each rule violation. 2. Low Court Hearing with a Disciplinary Officer a. A hearing conducted by a ranking security officer (lieutenant or above) or any supervisory level employee from an administration or treatment appointed by the warden or designee who conducts hearings of minor violations (Schedule A) and who may impose only designated sanctions. b. Any disciplinary officer directly involved in the incident or one who is biased for or against the accused cannot hear the case unless the accused waives recusal in writing. Performance of a routine administrative duty does not necessarily constitute direct involvement or bias. c. At these hearings the accused inmate represents himself and is given full opportunity to speak on his own behalf. d. Counsel substitutes, witnesses, or the accusing employee are not permitted in the hearing. e. Low court hearings are not recorded. f. Hearings shall be held within seven days of the date of the report, excluding weekends and holidays, unless the hearing is prevented by exceptional circumstances, unavoidable delays, or reasonable postponements. Reasons for any delays shall be documented. 3. High Court Hearing with a Disciplinary Board a. A properly composed board shall consist of two people—one duly authorized and trained chairman and one duly authorized and trained member—each representing a different discipline (security, administration, or treatment). The secretary or designee must approve the chairman, and the warden or designee must approve the member. b. Hearings shall be held within seven days of the date of the report, excluding weekends and holidays, unless the hearing is prevented by exceptional circumstances, unavoidable delays, or reasonable postponements. Reasons for any delays shall be documented. c. If the inmate will be transferred to a state correctional facility from a local jail facility for the purpose of conducting the hearing, the inmate shall be brought before the disciplinary board of the local jail facility where the violation occurred and informed of the pending transfer and necessitated delay of the hearing. The date the notice was given shall be documented on the disciplinary report. d. 72 Hour Rule i. Any inmate who is placed in investigative segregation for a rule violation shall be afforded a disciplinary hearing within 72 hours of being placed in investigative segregation. Exceptions include official holidays, weekends, genuine emergencies, or for other good cause. The inmate shall be heard at the next available court date. When it is not possible to provide a full hearing within 72 hours of placement, the accused shall be brought before the disciplinary board, informed of the reasons for the delay, and remanded back to investigative segregation or released to his quarters after a date for a full hearing has been set. ii. The 72 hour rule does not apply to inmates housed in local jail facilities or transitional work programs whose hearings are conducted once they are transferred to a state correctional facility or those who have had their disciplinary hearing conducted at a state correctional facility even if they are not transferred there. Inmates in this status have no expectation of a disciplinary hearing within 72 hours. iii. The 72 hour rule does not apply to those inmates who are placed in investigative segregation for reasons other than a rule violation. Examples of these classifications include, but are not limited to: (a) awaiting transfer to another facility or to another housing unit within the facility; (b). transitional work program, or intake. iv. For those inmates placed in investigative segregation for a reason other than a rule violation, an initial review shall be conducted by the appropriate board within seven days of the date of the report of placement in investigative segregation. Exceptions include official holidays, weekends, genuine emergencies, or for other good cause. Reasons for all delays shall be documented. This rule does not apply to inmates housed in local jail facilities or transitional work programs whose hearings are conducted once they are transferred to a state correctional facility or those who have had their disciplinary hearing conducted at a state correctional facility even if they are not transferred there. e. Any member directly involved in the incident or one who is biased for or against the accused shall not hear the case unless the accused waives recusal in writing or verbally on the record. f. The disciplinary board may hear cases of inmates who signed written requests for protection and may recommend the appropriate action. 4. Conduct of the Hearing—Disciplinary Board a. Before the hearing may begin, an accused must acknowledge that he is familiar with the inmates rights during the disciplinary process. Refer to Section J “Inmate Rights and Responsibilities” for additional information. b. All rights and procedures requirements shall be followed unless waived the accused. c. Disciplinary board hearings shall be recorded in their entirety, and the recording shall be preserved for five years. d. An inmate who chooses not to be present at the hearing may sign a waiver which shall be read into the record. A counsel substitute shall represent him and enter a not guilty plea. The same applies to a disruptive inmate who refused to cooperate. If the inmate refuses to sign a waiver, a waiver shall be prepared and the refusal noted by two witnesses. In either scenario, the disciplinary chairman shall also sign the waiver. e. The accused enters his name and DOC number into the record as does his counsel or our counsel substitute, if any, and confirms that he understands his rights. If the inmate indicates he does not know or understand his rights, his rights shall be explained to him. f. The chairman or designated board member has the option to spell the words they believe to be offensive. Upon the report being read into the record, the chairman shall ask the accused inmate for a pela of “not guilty” or “guilty.” Should the accused inmate attempt to enter an unavailable plea or refuse to enter a plea, the chairman shall enter a plea of “not guilty” before proceeding with the hearing. g. Preliminary motions shall be raised at the first opportunity or be considered waived and may include: i. dismissal of the charge or charges; ii. continuance, but note that inmates are not entitled to a continuance to secure counsel unless they are charged with a violation that is also a crime under state or federal law, and only one continuance will be granted unless new information is produced; iii. requests to face accuser and call witnesses; iv. a motion due to lack of 24-hour notice, including any challenges to the wavier of the 24-hour notice rule having not been made in writing; v. request for investigation; vi. any other appropriate motions. h. All motions shall be made at the same time in the proceedings. Subsequent verbal motions shall be denied as having been waived. i. The board shall deliberate and rule on motions at the time the motion is made, unless expressly deferred to the actual hearing. j. A summary of motions presented shall be documented with written reasons for each ruling made on the disciplinary court motions available from classification or security staff. k. After entering a plea and any potential motions, the accused may present his defense. l. The board may ask questions of the accused, his witnesses or his accuser. During the hearing, the accuser should only be present to testify. The accuser shall never be present during deliberations. m. The disciplinary board shall carefully evaluate all evidence presented or stipulated. n. In situations where the disciplinary report is based on a single confidential informant, there must be other evidence to corroborate the violation. That evidence may include, but is not limited to: testimony from another confidential informant, the record, the investigative report, or other evidence. Whenever information is provided by confidential informants, the informant must be certified as having provided reliable information in the past and have personal knowledge of the present incident. If requested, the accusing employee shall be summoned to testify about the reliability and credibility of the confidential informant when the disciplinary report is based solely on information from confidential informants. i. All confidential information used in the disciplinary process shall be documented on the confidential informant testimony and certification. o. The board shall review the information presented during the deliberations. i. During deliberations, everyone except the board and any official observers shall leave the room; and the board shall decide the case on the basis of the evidence presented at the hearing. ii. Official observes shall not take part in the hearing or the deliberations. iii. The disciplinary record of the accused may be examined to discover a pattern of similar misbehavior or to determine if a pending suspended sanction exists. iv. The disciplinary record may be used to determine the appropriate sanction or sanctions to be imposed. v. All members of the board shall verbally discuss and render their verdict. vi. The audio recording will continue throughout the deliberations. p. Following the deliberations, the chairman shall announce the verdict. A verdict shall require the agreement of both board members. Decisions must be unanimous. If the decision is not unanimous, the case is automatically deferred to a different disciplinary board. If the second decision is not unanimous, then a finding of not guilty is appropriate. q. A dissenting board member may provide written or oral reasons for their dissent. r. If the verdict is guilty, the chairman shall then announce the sanction or sanctions. s. The chairman shall articulate clearly which sanction applies to each specific rule violation for which the inmate was found guilty. t. The board has full authority to suspend any sanction imposed for a period of up to 90 days. 5. Correcting Disciplinary Reports a. A reviewing employee may change the rule violation number to fit the description prior to the hearing, but should ensure that the accused receives a corrected copy of the report at least 24 hours before the hearing begins. Additional rule violations may be added if the offense is clearly described on the report. In the event that an additional rule violation is added, the reviewing employee shall ensure that the accused receives a corrected copy of the report including the additional rule violation at least 24 hours before the hearing begins. b. Before the hearing begins, the board may change the rule number to match the description of the alleged misbehavior, if necessary, and may also change the rule number at any point prior to the deliberations, but the board should offer the accused a continuance to prepare the defense. It is the description of the conduct and not the rule violation number that determines the offense. c. The continuance may be waived and does not necessarily need to be for 24 hours. This information shall be voiced on the recorder for the record. 6. Sanctions a. There is an established department-approved uniform system of administrative sanctions which may be imposed upon an inmate for rule violations. The department-approved uniform system of administration sanctions considers the severity of the violation, behavior, and any prior history of similar violations. b. Sanctions shall be for a determinant period of time which shall be documented. c. The imposition of sanctions shall be imposed using only the department-approved uniform system of administrative sanctions. d. The imposition of sanctions, unless waived in writing by the department chief of operations, after consideration of the hearing record, the inmate’s conduct record, and any other aggravating circumstance. e. Any violation of a rule may result in a change in an inmate’s custody to a more restrictive level. Changes in an inmate’s custody level shall be recommended as a sanction by the disciplinary board and approved by the classification board in accordance with established policies and procedures. Any changes of quarters, job changes or other changes that may result from imposition of this sanction are not a separate penalty for purposes of this section unless expressly indicated as a sanction. f. In addition to other appropriate sanctions, the disciplinary board may order a job change as a result of any rule violation. g. An inmate who violates more than one rule or the same rule more than once during an incident may receive a permissible sanction for each violation. For example, an inmate who has established a documented pattern of behavior indicating that he is dangerous to himself or others is a repeat rule violator. h. Inmates shall be sanctioned for rule violations as a 1st tier unless they commit a second violation within 12 months of the previous violation; at which time, they shall be sanctioned as a 2nd tier and so on until they reach the maximum penalty according to the department-approved uniform system of administrative sanctions. i. After a finding of guilty for a new violation, a previously-suspended sanction may be imposed as well as a new sanction for the new violation. j. State and federal criminal laws apply to inmates. In addition to being sanctioned by prison authorities, inmates may also be referred for prosecution in state or federal court for criminal conduct. k. Restitution may be imposed in accordance with established policies and procedures and may be assessed in addition to any other permissible penalties. l. An inmate who has received a forfeiture of good time as a result of a disciplinary action shall be eligible to be considered for restoration of previously forfeited good time upon meeting the requirements established policies and procedures. H. Appeals 1. A request for review of a disciplinary decision must follow these procedures. a. Schedule A/Low Court Appeals to the Disciplinary Board i. An inmate may appeal a case heard by the disciplinary officer only to the disciplinary board. ii. As soon as the ruling is issued, the inmate who wants to appeal must clearly say so to the disciplinary officer who will then automatically suspend the sanction and schedule the case for the disciplinary board. iii. The appeal hearing before the disciplinary board is a full hearing the same as any other hearing conducted by the board. The disciplinary board cannot increase the sanction imposed by the disciplinary officer. iv. The appeal to the disciplinary board will be the final appeal in a case heard by the disciplinary officer. No other appeals are allowed. The appeal from the disciplinary officer to the disciplinary board will constitute the final administrative remedy regarding the disciplinary decision. Decisions rendered by the disciplinary officer and appealed to the disciplinary board may not be appealed to the warden or secretary. b. Schedule B/High Court Appeals to the Warden i. An inmate may appeal a case heard by the disciplinary board. All appeal requests on high court cases shall be made to the warden. ii. The inmate may appeal himself through counsel or counsel substitute. In any case, the appeal must be received within 15 calendar days of the hearing. iii. The appeal should be clearly written or typed on the appeal from the disciplinary board template which is available from the inmate’s classification officer. If the form is not available, the appeal may be on plain paper but should contain the information called for on the form. iv. The warden will decide all appeals within 30 calendar days of the date of the receipt of the appeal, and the inmate will be promptly notified in writing of the results unless circumstances warrant an extension of that time period and the inmate is not notified accordingly. v. Lengthy appeals of disciplinary actions will not be accepted into the appeals process. It is necessary for the inmate to only provide basic factual information regarding his case. Lengthy appeals will be returned to the inmate for summarization. The inmate will have five calendar days from receipt to comply with the instructions and resubmit. It is important to remember that abuse of the system impairs the department’s ability to respond legitimate problems in a timely fashion. c. Appeals to the Secretary i. An inmate may appeal the decision of the warden to the secretary and must indicate that he is not satisfied in the appropriate box on the appeal decision. The document shall then be submitted to the disciplinary office or designated depository. ii. The inmate must submit the form within five calendar days of the date of the receipt of the warden’s decision. No supplement to the appeal shall be considered. iii. It is only necessary that the inmate check the box indicating, “I am not satisfied,” date, sign, and forward the form to the appropriate person. iv. An inmate who does not file an appeal to the warden in a timely manner shall relinquish his right to appeal to the secretary. v. The inmate shall receive an acknowledgement of receipt and date forwarded to the secretary’s office. vi. The institute shall provide a copy of the inmate’s original appeal to be attached to the appeal decision template for submission to the secretary. The appeal decision template is available from the inmate’s classification officer. vii. The secretary shall only consider appeals of sanctions from decisions of the warden that resulted in an imposed or suspended sentence of one or more of the following penalties: (a). forfeiture of good time; (b). a custody change form minimum to medium if it involves transfer to another institution; (c). a custody change to maximum; (d). failure to earn incentive wages. viii. In addition, appeals regarding restitution assessments may be submitted to the secretary. The appeal of such assessments must be submitted in accordance with established policies and procedures. ix. The secretary shall decide all appeals within 85 days of the date of receipt of the appeal, and the inmate shall be promptly notified in writing of the results unless circumstances warrant an extension of that time period and the inmate is notified accordingly. Absent unusual circumstances, the secretary shall only consider review of the sanction imposed of an inmate who pled guilty. I. Inmate Rules and Violation Descriptions Rule No. | Rule Name | Description | Maximum Sanction An inmate found guilty of violating one or more of the rules defined below will be sanctioned according to the penalty schedule designated in the rule and the type of hearing provided. After a finding of guilt, the disciplinary officer or the disciplinary board may impose one or two of the penalties below for each violation. The specified penalties below represent the maximum allowable sanction for an offense, and lesser penalties may be imposed as directed by the secretary. Suspended Sentences: The disciplinary officer or the disciplinary board may suspend any sanction either imposes for a period of up to 90 days. The period of suspension begins on the date of the issuance of the ruling. When the time period has expired, the report itself remains a part of the record; however, the sanction may no longer be imposed. 1 | Contraband (Schedule B) | No inmate shall have under his immediate control any illicit drugs, any product that could be used to adulterate a urine sample, unauthorized medication, alcoholic beverage, yeast, tattoo machine, tattoo paraphernalia, syringe, any type weapon, cellular phone or component hardware or other electronic communications device, whether operational or not, including but not limited to beepers, pagers, subscriber identity module (SIM) cards, portable memory chips, batteries for these devices, chargers, global satellite system equipment, or any other item not permitted by department regulation or institutional posted policy to be received or possessed or any other item detrimental to the security of the facility. No inmate shall disassemble or otherwise alter an electronic tablet, including its software or hardware, and shall preserve the tablet in its original condition. Any item not being used for the purpose for which it was intended will be considered contraband if it is being used in a manner that is clearly detrimental to the security of the facility. Money is contraband. Cigarettes or other smoking materials are considered contraband. To smuggle or attempt to smuggle prohibited items into or out of the facility will be in violation of this rule. The area of immediate control is an inmate’s person, his locker or storage area, his cell, his room, his bed, his laundry bag, his hobby craft and his assigned job equipment (such as, but not limited to, his desk, his tool box, or his locker at the job) or the area under his bed on the floor unless the evidence clearly indicated that it belonged to another inmate. Contraband found in a common area cell shared by two or more inmates will be presumed to belong to all of them equally. Any inmate who is tested and has a positive reading on a urinalysis or breathalyzer test will be considered in violation of this rule. An inmate who refuses to be tested or to cooperate in testing, as well as an inmate who alters his urine specimen, will also be found in violation of this rule. Inmates unable to provide a urine specimen within three hours of being ordered to do so shall also be deemed to be in violation of this rule. Any sketch, painting, drawing, or other pictorial rendering produced in whole or in part by a death row inmate, unless authorized by the warden of the institution, is also considered in violation of this rule. | General Disciplinary segregation: Up to 60 days Loss of minor privilege: Up to 12 weeks Confinement to dormitory, room or cell: Up to 30 days Extra duty: Up to 8 days Forfeiture of good time: Up to 90 days Failure to earn incentive wages: Up to 12 months Loss of hobby craft: Up to 12 months Loss of visiting privileges: Up to 90 days Weapon Disciplinary segregation: Up to 180 days Forfeiture of good time: Up to 180 days Failure to earn incentive wages: Up to 12 months Loss of visiting privileges: Up to 90 days Loss of hobby craft: Up to 12 months Cell Phone Disciplinary segregation: Up to 180 days Forfeiture of good time: Up to 90 days Failure to earn incentive wages: Up to 12 months Loss of visiting privileges: Up to 90 days Drugs Disciplinary segregation: Up to 180 days Forfeiture of good time: Up to 180 days Failure to earn incentive wages: Up to 12 months Loss of visiting privileges: Up to 90 days Monetary Related Disciplinary segregation: Up to 180 days Forfeiture of good time: Up to 180 days Failure to earn incentive wages: Up to 12 months Loss of visiting privileges: Up to 90 days 2 | Unauthorized Items (Schedule A) | An inmate shall not have in his possession any item, object, or thing impermissible under prison and rules procedures. Said item, object, or thing shall not be considered a threat to the safety or security of the institution | All Loss of Minor Privileges up to 12 weeks Reprimand: At the discretion of the board Loss of electronic media player/TV: Up to 14 days Extra duty: Up to 4 days Loss of canteen privileges: Up to 14 days Loss of telephone privileges: Up to 14 days Confinement to dormitory, room or cell: Up to 14 days Failure to earn incentive wages: Up to 3 weeks Loss of yard or recreation activities: Up to 14 days Loss of other minor privileges: Up to 14 days 3 | Defiance (Schedule B) | No inmate shall commit or attempt to commit bodily harm upon another person. This includes throwing any object, water or any other liquid or substance, feces, urine, blood, saliva or any form of human waste, or spitting or attempting to spit on another person. No inmate shall curse, insult, or threaten another person in any manner. This prohibited conduct includes abusive or insulting conversation, correspondence, phone calls, or gestures by an inmate. Further, no inmate shall obstruct, resist, distract, or attempt to elude staff in the performance of their duties. Nor shall an inmate intimidate or attempt to intimidate staff to manipulate staff’s actions. This rule does not prohibit an inmate from advising staff of planned legal redress even during a confrontational situation; however, an inmate’s behavior in such a situation shall not be disrespectful or violate any other disciplinary rule. | 3A & 3B Loss of minor privilege: Up to 12 weeks Confinement to dormitory, room or cell: Up to 30 days Extra duty: Up to 8 days Disciplinary segregation: Up to 20 days Forfeiture of good time: Up to 90 days Failure to earn incentive wages: Up to 12 months Loss of hobby craft: Up to 12 months Loss of visiting privileges: Up to 90 days 3C (Battery of a CSO) Disciplinary segregation: Up to 180 days Forfeiture of good time: Up to 180 days Failure to earn incentive wages: Up to 12 months Loss of Minor Privileges up to 12 weeks Loss of Visiting Privileges up to 90 days 4 | Disobedience (Schedule A) | Inmates must obey the posted policies for the facility in which they are confined. They must obey signs or other notices of restricted activities in certain areas, safety rules, or other general instructions. The only valid defense for disobedience or aggravated disobedience is when the immediate result of obedience would be bodily injury. This defense includes incapacity by virtue of a certified medical reason. | Reprimand: At the discretion of the board Loss of electronic media player/TV: Up to 14 days Extra duty: Up to 4 days Loss of canteen privileges: Up to 14 days Loss of telephone privileges: Up to 14 days Confinement to dormitory, room or cell: Up to 14 days 5 | Disobedience, Aggravated (Schedule B) | Inmates must obey direct verbal orders cooperatively and promptly and not debate, argue, or ignore orders before obeying. The last order received must be obeyed when orders conflict. Even orders the inmate believes improper must be obeyed, and grievances must be pursued through proper channels. Sanctions imposed by the disciplinary officer or the disciplinary board are to be carried out by the inmate. Violations of duty status shall be punishable under this rule as willful violation of an order from the disciplinary board. The only valid defense for disobedience or aggravated disobedience is when the immediate result of obedience would be bodily injury. This defense includes incapacity by virtue of a certified medical reason. | Disciplinary segregation: Up to 60 days Forfeiture of good time: Up to 90 days Failure to earn incentive wages: Up to 12 months Loss of Minor Privileges up to 12 weeks 6 | Disorderly Conduct (Schedule A) | All boisterous behavior is forbidden. This includes, but is not limited to, horseplay, rowdy, or unruly conduct. Inmates shall not jump ahead or cut into lines at the canteen, recreational activities, dining or kitchen area, or during group movements of inmates. Visitors and guests shall be treated courteously and shall not be subjected to disorderly or intrusive conduct. Inmates shall not communicate verbally into or out of cellblocks or other housing areas. | Reprimand: At the discretion of the board Loss of electronic media player/TV: Up to 14 days Extra duty: Up to 4 days Loss of canteen privileges: Up to 14 days Loss of telephone privileges: Up to 14 days Confinement to dormitory, room or cell: Up to 14 days 7 | Disrespect (Schedule A) | Employees, visitors, guests, or their families shall not be subject to disrespectful conversation, correspondence, phone call, actions, or gestures. Inmates shall address employees, visitors, guests or their families by proper title or rank or by “Mr.,” “Mrs.,” or “Miss,” whichever is appropriate. | Reprimand: At the discretion of the board Loss of electronic media player/TV: Up to 14 days Extra duty: Up to 4 days Loss of canteen privileges: Up to 14 days Loss of telephone privileges: Up to 14 days Confinement to dormitory, room or cell: Up to 14 days 8 | Escape or Attempt to Escape (Schedule B) | Note: All costs associated with an escape may be recovered through the appropriate imposition of restitution procedures. A. Attempted Escape: The attempt to commit a simple or aggravated escape as defined herein. B. Simple Escape: The intentional, unauthorized departure of an inmate under circumstances in which human life was not endangered, including but not limited to: from the grounds of an institution, a designated area or place within an institution, the custody of a corrections’ employee while off the grounds of an institution or the custody of any law enforcement officer; the departure of a transitional work program inmate from the designated area where he is legally confined; the failure of an inmate participating in a transitional work program to report or return from his planned employment or other activity at the appointed time, or who leaves the job site or any other location where he is approved and expected to be for any reason without permission. This includes leaving without authorization from any penal and correctional facility, community rehabilitation center, transitional work program, hospital, clinic, and any and all programs where inmates are legally assigned. C. Aggravated Escape: The intentional, unauthorized departure of an inmate under circumstances in which human life was endangered, including but not limited to: from the grounds of an institution, a designed area or place within an institution, the custody of a corrections’ employee while off the grounds of an institution or the custody of any law enforcement officer; the departure of a transitional work program inmate from the designated area where he is legally confined; the failure of an inmate participating in a transitional work program to report or return from his planned employment or other activity at the appointed time, or who leaves the job site or any other location where he is approved and expected to be for any reason without permission. This includes leaving without authorization from an penal and correctional facility, community rehabilitation center, transitional work program, hospital, clinic, and any and all programs where inmates are legally assigned. For the purpose of this rule, the commission of a crime while on escape status constitutes aggravated escape. | Attempted Escape Disciplinary segregation: Up to 180 days Forfeiture of good time: Up to maximum of all good time earned on the portion of the sentence served prior to the escape Failure to earn incentive wages: Up to 12 months Simple Escape Disciplinary segregation: Up to 180 days Forfeiture of good time: Up to maximum of all good time earned on the portion of the sentence served prior to the escape. Failure to earn incentive wages: Up to 12 months Aggravated Escape Disciplinary segregation: Up to 180 days Forfeiture of good time: Up to maximum of all good time earned on the portion of the sentence served prior to the escape Failure to earn incentive wages: Up to 12 months All Loss of Minor Privileges up to 12 weeks 9 | Rescinded 10 | Fighting (Schedule B) | Hostile physical contact or attempted physical contact is not permitted. This includes fist fighting, shoving, wrestling, kicking, horseplay and other such behavior. Contact does not necessarily have to be made for this rule to be violated. Self-defense clarification: Self-defense is a complete defense and can be established to the board by the inmate demonstrating that his actions did not exceed those necessary to protect himself from injury. | Disciplinary segregation: Up to 30 days Forfeiture of good time: Up to 90 days Failure to earn incentive wages: Up to 12 months Loss of hobby craft: Up to 12 months Loss of visiting privileges: Up to 90 days Loss of Minor Privileges up to 12 weeks 11 | Fighting, Aggravated (Schedule B) | Inmates shall not fight with each other using any object as a weapon (including any liquid or solid substances thrown or otherwise projected on or at another person). When two or more inmates attack another inmate without using weapons, the attackers are in violation of this rule, as are all participants in a group or gang fight. The use of teeth or feet, including kicking and stomping, will also be sufficient to constitute a violation of this rule. No inmate shall intentionally inflict serious injury or death upon another inmate. Contact does not necessarily have to be made for this rule to be violated. Self-defense clarification: (Refer to clarification under rule no. 10). | Disciplinary segregation: Up to 180 days Forfeiture of good time: Up to 180 days or all good time earned on the portion of the sentence served if the incident results in the death of another inmate. Failure to earn incentive wages: Up to 12 months Loss of Hobby Craft up to 12 months Loss of Visiting Privileges up to 90 days Loss of Minor Privileges up to 12 weeks 12 | Gambling (Schedule B) | No inmate shall operate or participate in any game of chance involving bets or wagers or goods or other valuables. Possession of one or more gambling tickets or stubs for football or any other sport is a violation. No inmate shall operate a book-making scheme. Possession of gambling sheets with a list of names or codes, point spreads, how much owed, or how much wagered will be considered a violation. | Disciplinary Segregation: Up to 20 days Forfeiture of good time: Up to 90 days Failure to earn incentive wages: Up to 12 months Loss of Hobby Craft: Up to 12 months Loss of Visiting Privileges: Up to 90 days Loss of Minor Privileges up to 12 weeks 13 | Rescinded 14 | Intoxication (Schedule B) | No inmate shall be under the influence of any intoxicating substance while in physical custody. Evidence of intoxication may include, but is not limited to, redness in eyes, slurred speech, odor of alcohol, elation, unsteady gait, boisterous behavior, being amused for no apparent reason, hysteria, being in a stupor, daze, or trance. | Disciplinary segregation: Up to 60 days Forfeiture of good time: Up to 90 days Failure to earn incentive wages: Up to 12 months Loss of Minor Privileges up to 12 weeks 15 | Rescinded 16 | Rescinded 17 | Property Destruction (Schedule B) | No inmate shall destroy the property of others or of the state. No inmate shall alter his own property when the result of such alteration is to render the article unsuitable according to property guidelines. Flooding an area and the shaking of doors or “racking down” are not permitted. Standing or sitting on face bowls is a violation. Whether or not the inmate intended to destroy the property and the degree of negligence involved may be utilized in defense of the charge. | Disciplinary segregation: Up to 60 days Loss of minor privilege: Up to 12 weeks Confinement to dormitory, room, or cell: Up to 30 days Extra duty: Up to 8 days Forfeiture of good time: Up to 90 days Failure to earn incentive wages: Up to 12 months Loss of hobby craft: Up to 12 months Loss of visiting privileges: Up to 90 days 18 | Rescinded 19 | Self-Mutilation (Schedule B) | No inmate shall deliberately inflict or attempt to inflict injury upon himself or upon another consenting inmate or consent to have an injury inflicted upon him. Tattoos, piercing of any parts of the body, branding, scarring, and alterations to teeth are specifically included in this rule. Clear and obvious suicide, attempted suicide, or self-harm related to mental distress shall not be considered a violation of this rule. | Loss of minor privilege: Up to 12 weeks Confinement to dormitory, room or cell: Up to 30 days Disciplinary Segregation: Up to 30 days Extra duty: Up to 8 days Forfeiture of good time: Up to 90 days Failure to earn incentive wages: Up to 12 months Loss of hobby craft: Up to 12 months Loss of visiting privileges: Up to 90 days 20 | Rescinded 21 | Sex Offenses, Aggravated (Schedule B) | Nonconsensual or consensual sexual acts involving inmate-on-inmate, inmate-on-staff, or non-incarcerated person is strictly prohibited. Contact by any inmate of any person without the person’s consent or of a person who is unable to consent or refuse through coercion is strictly prohibited. There can be no consensual sex in a custodial or supervisory relationship. The following sexual behaviors are prohibited and the provisions of department regulation no. OP-A-15 (Prison Rape Elimination Act) shall be followed for all allegations of a violation of Subparts A, B, C, and D. A. Nonconsensual Sexual Act (inmate-on-inmate): Contact between the penis and the vagina and the anus including penetration, however slight; contact between the mouth and the penis, vagina, anus, groin, breast, inner thigh or buttocks; penetration of the anal and/or genital opening of another inmate by a hand, finger, or other object. No inmate shall sexually harass another inmate by force or threat of force. B. Abusive Sexual Contact (inmate-on-inmate): Contact such as, but not limited to, intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, buttocks, or mouth of any person. No inmate shall sexually assault another inmate by force or threat of force. C. Sexual Misconduct (inmate-on-inmate): Contact or attempted contact between the penis and the vagina or the penis and the anus including penetration or attempted penetration, however slight; contact or attempted contact between the mouth and the penis, vagina, or anus; penetration or attempted penetration of the anal or genital opening of another inmate by a hand, finger or other object; carnal copulation by two or more inmates with each other, or by one or more inmates with an implement or animal; two or more inmates who have clearly been interrupted immediately before or after carnal copulation. Use of the genital organs of one of the inmates is sufficient to constitute the offense. Inmates may not participate in any sexual activity with each other. D. Sexual Misconduct (inmate-on-staff or non-incarcerated person): Contact or attempted contact between the penis and the vagina or the penis and the anus including penetration or attempted penetration, however slight; contact or attempted contact of the mouth and the penis, vagina or anus; penetration or attempted penetration of the anal or genital opening of another person by a hand, finger, or other object; two or more persons who have clearly been interrupted immediately before or after carnal copulation. Inmates may not participate in any sexual activity with staff or non-incarcerated persons. E. Obscenity: No inmate shall intentionally expose the genital organs or masturbate in view of staff or non-incarcerated persons. F. Other Prohibited Sexual Behavior (inmate- on-inmate, inmate-on-staff or non-incarcerated person): No inmate shall make sexual remarks, gestures, or sounds; flirt; exchange personal items or make sexual threats in conversation by correspondence or telephone. G. Overt display of affection in a manner that may elicit sexual arousal with anyone is prohibited. | A Disciplinary segregation: Up to 180 days Forfeiture of good time: Up to 90 days Failure to earn incentive wages: Up to 12 months B Disciplinary segregation: Up to 90 days Forfeiture of good time: Up to 90 days Failure to earn incentive wages: Up to 12 months C Disciplinary segregation: Up to 90 days Forfeiture of good time: Up to 90 days Failure to earn incentive wages: Up to 12 months D Disciplinary segregation: Up to 90 days Forfeiture of good time: Up to 90 days Failure to earn incentive wages: Up to 12 months E, F, G Disciplinary segregation: Up to 90 days Forfeiture of good time: Up to 90 days Failure to earn incentive wages: Up to 12 months All Loss of Minor Privileges: Up to 12 wees 22 | Theft (Schedule B) | No inmate shall steal from anyone. Fraud or the deliberate misrepresentation of fact to secure material return, special favors, or considerations is also a form of theft. An inmate who knowingly submits clear and obvious false information to any employee within the Department of Public Safety and Corrections is guilty of this violation. No inmate shall have stolen items under his immediate control. No inmate shall have institutional property – including food – under his immediate control unless he has specific permission. (Refer to rule no. 1 for the definition of “area of immediate control”). | Confinement to dormitory, room or cell: Up to 30 days Extra duty: Up to 8 days Disciplinary segregation: Up to 90 days Forfeiture of good time: Up to 90 days Failure to earn incentive wages: Up to 12 months Loss of hobby craft: Up to 12 months Loss of visiting: Up to 90 days Loss of Minor Privileges up to 12 weeks 23 | Forgery (Schedule B) | Forgery, which is a form of theft, is the unauthorized altering or signing of a document to secure material return or special favors or considerations. The very act of forgery will constitute proof of the crime. The forgery need not have been successful in its conclusion. | Confinement to dormitory, room or cell: Up to 30 days Extra duty: Up to 8 days Disciplinary segregation: Up to 90 days Forfeiture of good time: Up to 90 days Failure to earn incentive wages: Up to 12 months Loss of hobby craft: Up to 12 months Loss of visiting: Up to 90 days Loss of Minor Privileges up to 12 weeks 24 | Unauthorized Area (Schedule B) | An inmate must be in the area in which he is authorized to be at that particular time and date, or he is in an unauthorized area. No inmate shall go into any housing unit other than that to which he is assigned unless he has permission. This includes standing in the doorway. | Confinement to dormitory, room or cell: Up to 30 days Extra duty: Up to 8 days Disciplinary segregation: Up to 90 days Forfeiture of good time: Up to 90 days Failure to earn incentive wages: Up to 12 months Loss of Minor Privileges up to 12 weeks 25 | Rescinded 26 | Unsanitary Practices (Schedule A) | Inmates must maintain themselves, their clothing, and their shoes in as presentable a condition as possible under prevailing circumstances. Each inmate is responsible for keeping his bed and bed area reasonably clean, neat, and sanitary. Beds will be made according to the approved posted policy at the facility. Inmates must wear shoes or boots and cannot wear shirts that leave the armpits exposed or shorts into the kitchen or dining area. Chewing gum in the kitchen or dining area is prohibited. | Reprimand: At the discretion of the board Loss of electronic media player/TV: Up to 14 days Extra duty: Up to 4 days Loss of canteen privileges: Up to 14 days Loss of telephone privileges: Up to 14 days Confinement to dormitory, room or cell: Up to 14 days 27 | Work Offenses (Schedule A) | Inmates must perform their assigned tasks with reasonable speed and efficiency. Though inmates have specific job assignments, it may be required that they do work other than what their job assignments require. This work shall also be done cooperatively and with reasonable speed and efficiency. Being present, but failing to answer at the proper time during work roll call is a violation. A school assignment is considered to be a work assignment for the purpose of this rule. | Reprimand: At the discretion of the board Loss of electronic media player/TV: Up to 14 days Extra duty: Up to 4 days Loss of canteen privileges: Up to 14 days Loss of telephone privileges: Up to 14 days Confinement to dormitory, room or cell: Up to 14 days 28 | Work Offenses, Aggravated (Schedule B) | An inmate who refuses to work or to go out to work or who asks to go to segregation rather than work, or otherwise participates in or advocates a work stoppage, is in violation of this rule, as is an inmate who disobeys repeated instructions as to how to perform his work assignment. Hiding out from work or leaving the work area without permission is a violation. Falling far short of fulfilling reasonable work quotas is not permitted. Being absent or late for work roll call without a valid excuse such as a no duty status or callout is a violation, as is not reporting for extra duty assignment. Being late to work or to school assignment is a violation. A school assignment is considered to be a work assignment for the purposes of this rule. | Confinement to dormitory, room or cell: Up to 30 days Extra duty: Up to 8 days Disciplinary segregation: Up to 180 days Forfeiture of good time: Up to 90 days Failure to earn incentive wages: Up to 12 months Loss of hobby craft: Up to 12 months Loss of Minor Privileges up to 12 weeks 29 | Disturbance (Schedule B) | No inmate shall create or participate in a disturbance. No inmate shall incite any other person to create or participate in a disturbance. A disturbance is defined as two or more inmates involving acts of force or violence toward persons or property or acts of resistance to the lawful authority of correctional officers or other law enforcement officers under circumstances which present a threat of injury to persons, property, or to the security and good order of the institution. | Forfeiture of good time: Up to 90 days Disciplinary segregation: Up to 180 days Failure to earn incentive wages: Up to 12 months Loss of hobby craft: Up to 12 months Loss of Minor Privileges up to 12 weeks 30 | General Prohibited Behaviors (Schedule A) | The following behaviors, which may impair or threaten the security or stability of the unit or wellbeing of an employee, visitor, guest, inmate or their families, are prohibited: a. Strong-arming or using threats of violence or perceived harm or reprisal to secure gain or favor for oneself or others; b. Threatening, planning, conspiring, or attempting to commit a violation of the rules of behavior for adult inmates or state and federal laws; aiding or abetting another inmate involved in committing a violation of the rules or state and federal laws; c. Engaging in or making an attempt to engage in a non-professional relationship with an employee, visitor, guest, their families, or other person the inmate may come in contact with while incarcerated; d. Trafficking in drugs or alcohol, stolen goods, or sexual favors; e. Organizing or participating in a scam or similar behavior; f. Making unsolicited contact or attempted contact with the victims of the inmate’s criminal activity or any immediate family member of the victim. g. Bribing, influencing or coercing anyone to violate institutional policies, procedures, rules or state and federal laws or to attempt to do so; h. Giving any employee anything of value; i. Harassing behaviors conducted via telephone, correspondence or during other activities; j. The communication of statements or information known to be malicious, frivolous, false or inflammatory, the purpose of which is reasonably intended to harm, embarrass, or intimidate an employee, visitor, guest, or their families may be subject to all Schedule B penalties except for forfeiture of good time or loss of incentive wages; (This rule shall not apply to information or statements communicated for the express purpose of obtaining legal assistance.) k. Using telephones, computers or office equipment without approval; l Purchasing or trading for inmate services or performing legal work for another inmate or being in possession of another inmate’s legal work when not assigned as Counsel Substitute or when not approved by the Warden. It is also a violation for any inmate to give or receive anything of value relative to the provision of paralegal services, and an inmate may not perform or be in possession of staff legal work; m. Communicating or visiting with outsiders when not approved or communicating or visiting with any person after being given instructions not to communicate or visit with that person; n. Participate in organizing or advocating a work stoppage; o. Making or attempting to make credit purchases; p. Abusing any of the DOC administrative grievance processes; q. Belonging to a gang, advocating membership in a gang, or participating in any gang related activities, including any form of gang or group identification or signaling; r. Misrepresenting oneself to an employee, visitor, guest, or the public; s. Starting, causing, assisting in the creation of any fire, heat, or spark of any nature by any means or methods, or attempting to start a fire or attempting to heat substances utilizing electrical or mechanical devices or any other means, other than in the performance of an approved work assignment; t. Failing to cooperative with an investigation; u. Any behavior not specifically enumerated herein hat may impair or threaten the security or stability of the unity or well-being of an employee, visitor, guest, inmate or their families may still be the subject or a Disciplinary Report and all Schedule B penalties except for forfeiture of good time or loss of incentive wages; v. Establishing or maintaining an account on any Internet-based social networking website, as well as unauthorized access to any Internet or Intranet Network; however, this shall not include social media accounts maintained by an outside third party on behalf of the inmate. | Loss of Minor Privileges up to 12 weeks Confinement to dormitory, room or cell: up to 30 days Extra Duty: Up to 8 days Disciplinary Segregation: Up to 180 days Forfeiture of Good Time: Up to 90 days Failure to Earn Incentive Wages: Up to 12 months Loss of hobby craft: up to 12 months J. Inmate Rights and Responsibilities 1. the right to be given a written copy of the disciplinary report at least 24 hours before the hearing. The disciplinary report shall describe the contents of the charges against the inmate. The inmate may waive this right in writing; 2. the right to a hearing within 72 hours of placement in segregation for a rule violation; Note: See Section G. Disciplinary Hearings and Sanctions, Section 3(d) for specific instructions regarding the 72 Hour Rule. 3. the right to counsel substitute for all alleged violations and the right to outside retained counsel, if the alleged violation is one for which the inmate could also be charged in criminal court. Counsel must be obtained within 7 days of receiving the motion granting “deferral for outside counsel.” 4. the right to not be compelled to incriminate himself. 5. the right to present evidence and witnesses on his behalf and to request cross-examination of the accuser provided such request is relevant, not repetitious, not unduly burdensome to the institution, and not unduly hazardous to staff or inmate safety. The board has the option of stipulating to expected testimony from witnesses. In such cases, the record of the hearing shall contain a statement indicating the nature of the stipulated testimony. The board should assign proper weight to such testimony as though the witness had actually appeared. The accusing employee must be summoned when the report is based solely on information from confidential informants, if such motion is raised; 6. the right to an unbiased hearing. Any chairman or member directly involved in the incident, who is biased for or against the accused, or who is in a therapeutic relationship with the inmate that would be jeopardized by the therapist’s presence on the disciplinary board cannot hear the case unless the accused waives recusal in writing or verbally on the record. Performance of a routine administrative duty does not necessarily constitute direct involvement or bias; 7. the right to enter a separate plea to each rule violation for which he is charged; 8. the right to a written summary of the evidence and reasons for the judgment, including reasons for the sanction imposed, when the accused entered a plea of not guilty and was found guilty by the disciplinary board. The convicted inmate shall be given or sent a written summary; 9. the right to appeal the decision consistent with the appropriate appeal procedure.