WAC 137-25-030. Serious violations

(1) Any of the following types of behavior may constitute a serious violation. Attempting or conspiring to commit one of the following violations, or aiding and abetting another to commit one of the following violations, shall be considered the same as committing the violation, with the exception of attempting an aggravated assault. Attempting to commit an aggravated assault will be charged as violation: (a) #633 When against another incarcerated individual; (b) #704 When against a staff member; or (c) #711 When against a visitor or community member. Category A 501 - Committing homicide 502 - Committing aggravated assault against another incarcerated individual 507 - Committing an act that would constitute a felony and that is not otherwise included in these rules 511 - Committing aggravated assault against a visitor or community member 521 - Taking or holding any person hostage 550 - Escaping 601 - Possessing, manufacturing, or introducing an explosive device or any ammunition, or any component thereof 602 - Possessing, manufacturing, or introducing any firearm, weapon, sharpened instrument, knife, or poison, or any component thereof 604 - Committing aggravated assault against a staff member 611 - Committing sexual assault against a staff member 613 - Committing an act of sexual contact against a staff member 635 - Committing sexual assault against another incarcerated individual, as defined in department policy (i.e., aggravated sexual assault or incarcerated individual on incarcerated individual sexual assault) 637 - Committing sexual abuse against another incarcerated individual, as defined in department policy 650 - Rioting 651 - Inciting others to riot 665 - Introduction/trafficking of any unauthorized drug or drug paraphernalia 882 - While in prison, introducing, possessing, or using a cell phone, electronic/wireless communication device, or related equipment without authorization 501 - Committing homicide 502 - Committing aggravated assault against another incarcerated individual 507 - Committing an act that would constitute a felony and that is not otherwise included in these rules 511 - Committing aggravated assault against a visitor or community member 521 - Taking or holding any person hostage 550 - Escaping 601 - Possessing, manufacturing, or introducing an explosive device or any ammunition, or any component thereof 602 - Possessing, manufacturing, or introducing any firearm, weapon, sharpened instrument, knife, or poison, or any component thereof 604 - Committing aggravated assault against a staff member 611 - Committing sexual assault against a staff member 613 - Committing an act of sexual contact against a staff member 635 - Committing sexual assault against another incarcerated individual, as defined in department policy (i.e., aggravated sexual assault or incarcerated individual on incarcerated individual sexual assault) 637 - Committing sexual abuse against another incarcerated individual, as defined in department policy 650 - Rioting 651 - Inciting others to riot 665 - Introduction/trafficking of any unauthorized drug or drug paraphernalia 882 - While in prison, introducing, possessing, or using a cell phone, electronic/wireless communication device, or related equipment without authorization Category B - Level 1 504 - Engaging in a sex act with another person(s) that is not otherwise included in these rules, except in an approved extended family visit 553 - Setting a fire 560 - Possessing items or materials likely to be used in an escape without authorization 633 - Assaulting another incarcerated individual 667 - Possession of any unauthorized drug 669 - Giving, selling, or trading any prescribed medication, or possessing another person's prescribed medication 704 - Assaulting a staff member 711 - Assaulting a visitor or community member 744 - Making a bomb threat 884 - Urinating, defecating, or placing feces or urine in any location other than a toilet or authorized receptacle 886 - Adulterating any food or drink 504 - Engaging in a sex act with another person(s) that is not otherwise included in these rules, except in an approved extended family visit 553 - Setting a fire 560 - Possessing items or materials likely to be used in an escape without authorization 633 - Assaulting another incarcerated individual 667 - Possession of any unauthorized drug 669 - Giving, selling, or trading any prescribed medication, or possessing another person's prescribed medication 704 - Assaulting a staff member 711 - Assaulting a visitor or community member 744 - Making a bomb threat 884 - Urinating, defecating, or placing feces or urine in any location other than a toilet or authorized receptacle 886 - Adulterating any food or drink Category B - Level 2 505 - Fighting with another incarcerated individual 556 - Refusing to submit to or cooperate in a search when ordered to do so by a staff member 652 - Engaging in or inciting a group demonstration 668 - Possession of drug paraphernalia 670 - Making any drug, alcohol, or intoxicating substances, or possessing ingredients, equipment, items, formulas, or instructions that are used in making any drugs, alcohol, or intoxicating substances 671 - Introducing or transferring alcohol or any intoxicating substance not otherwise included in these rules 672 - Using an over-the-counter medication without authorization or failing to take prescribed medication as required when administered under supervision 675 - Admitting use, or receiving a positive test for use of, an unauthorized drug, alcohol, or other intoxicating substance 676 - Refusing to submit to a urinalysis and/or failing to provide a urine sample within the allotted time frame when ordered to do so by a staff member 677 - Providing a urine specimen that has been diluted, substituted, or altered in any way 678 - Refusing or failing to submit to a breath alcohol test or other standard sobriety test when ordered to do so by a staff member 679 - Refusing or failing to submit to testing required by policy, statute, or court order, not otherwise included in these rules, when ordered to do so by a staff member 682 - Engaging in or inciting an organized work stoppage 736 - Possessing, manufacturing, or introducing an unauthorized key or electronic security access device 750 - Committing indecent exposure 505 - Fighting with another incarcerated individual 556 - Refusing to submit to or cooperate in a search when ordered to do so by a staff member 652 - Engaging in or inciting a group demonstration 668 - Possession of drug paraphernalia 670 - Making any drug, alcohol, or intoxicating substances, or possessing ingredients, equipment, items, formulas, or instructions that are used in making any drugs, alcohol, or intoxicating substances 671 - Introducing or transferring alcohol or any intoxicating substance not otherwise included in these rules 672 - Using an over-the-counter medication without authorization or failing to take prescribed medication as required when administered under supervision 675 - Admitting use, or receiving a positive test for use of, an unauthorized drug, alcohol, or other intoxicating substance 676 - Refusing to submit to a urinalysis and/or failing to provide a urine sample within the allotted time frame when ordered to do so by a staff member 677 - Providing a urine specimen that has been diluted, substituted, or altered in any way 678 - Refusing or failing to submit to a breath alcohol test or other standard sobriety test when ordered to do so by a staff member 679 - Refusing or failing to submit to testing required by policy, statute, or court order, not otherwise included in these rules, when ordered to do so by a staff member 682 - Engaging in or inciting an organized work stoppage 736 - Possessing, manufacturing, or introducing an unauthorized key or electronic security access device 750 - Committing indecent exposure Category B - Level 3 503 - Extorting or blackmailing, or demanding or receiving anything of value in return for protection against others or under threat of informing 506 - Threatening another with bodily harm or with any offense against any person or property 509 - Refusing a direct order by any staff member to proceed to or disperse from a particular area 525 - Violating conditions of a furlough 549 - Providing false or misleading information during any stage of an investigation of sexual misconduct, as defined in department policy 558 - Interfering with staff members, medical personnel, firefighters, or law enforcement personnel in the performance of their duties 600 - Tampering with, damaging, blocking, or interfering with any locking, monitoring, or security device 605 - Impersonating or assuming the identity of any other person 653 - Causing an inaccurate count or interfering with count by means of unauthorized absence, hiding, concealing oneself, or other form of deception or distraction 654 - Counterfeiting or forging, or altering, falsifying, or reproducing any document, article of identification, money, or security or other official paper without authorization 660 - Possessing money, stamps, or other negotiable instruments without authorization, the total value of which is five dollars or more 709 - Out-of-bounds: Being in another incarcerated individual's cell or being in a restricted or out of bounds area of the facility with one or more incarcerated individuals without authorization 738 - Possessing clothing or assigned equipment of a staff member 739 - Possessing, transferring, or soliciting any person's identification information, including current staff members or their immediate family members, when not voluntarily given. Identification information includes Social Security numbers, home addresses, telephone numbers, driver's license numbers, medical, personnel, financial, or real estate information, bank or credit card numbers, or other like information not authorized by the superintendent 745 - Refusing a transfer to another facility 746 - Engaging in or inciting an organized hunger strike 762 - Noncompliance with the DOSA program. Note: This violation must be initiated by authorized staff and heard by a community corrections hearing officer in accordance with chapter 137-24 WAC 777 - Causing injury to another person by resisting orders, assisted movement, or physical efforts to restrain 813 - Being in the community without authorization, being in an unauthorized location in the community, unaccounted time, or having unauthorized contact with prohibited persons in the community 814 - Violating an imposed special condition 879 - Operating or being in a motor vehicle without permission or in an unauthorized manner or location 889 - Using facility phones, information technology resources/systems, or related equipment without authorization 503 - Extorting or blackmailing, or demanding or receiving anything of value in return for protection against others or under threat of informing 506 - Threatening another with bodily harm or with any offense against any person or property 509 - Refusing a direct order by any staff member to proceed to or disperse from a particular area 525 - Violating conditions of a furlough 549 - Providing false or misleading information during any stage of an investigation of sexual misconduct, as defined in department policy 558 - Interfering with staff members, medical personnel, firefighters, or law enforcement personnel in the performance of their duties 600 - Tampering with, damaging, blocking, or interfering with any locking, monitoring, or security device 605 - Impersonating or assuming the identity of any other person 653 - Causing an inaccurate count or interfering with count by means of unauthorized absence, hiding, concealing oneself, or other form of deception or distraction 654 - Counterfeiting or forging, or altering, falsifying, or reproducing any document, article of identification, money, or security or other official paper without authorization 660 - Possessing money, stamps, or other negotiable instruments without authorization, the total value of which is five dollars or more 709 - Out-of-bounds: Being in another incarcerated individual's cell or being in a restricted or out of bounds area of the facility with one or more incarcerated individuals without authorization 738 - Possessing clothing or assigned equipment of a staff member 739 - Possessing, transferring, or soliciting any person's identification information, including current staff members or their immediate family members, when not voluntarily given. Identification information includes Social Security numbers, home addresses, telephone numbers, driver's license numbers, medical, personnel, financial, or real estate information, bank or credit card numbers, or other like information not authorized by the superintendent 745 - Refusing a transfer to another facility 746 - Engaging in or inciting an organized hunger strike 762 - Noncompliance with the DOSA program. Note: This violation must be initiated by authorized staff and heard by a community corrections hearing officer in accordance with chapter 137-24 WAC 777 - Causing injury to another person by resisting orders, assisted movement, or physical efforts to restrain 813 - Being in the community without authorization, being in an unauthorized location in the community, unaccounted time, or having unauthorized contact with prohibited persons in the community 814 - Violating an imposed special condition 879 - Operating or being in a motor vehicle without permission or in an unauthorized manner or location 889 - Using facility phones, information technology resources/systems, or related equipment without authorization Category C - Level 1 508 - Spitting or throwing objects, materials, or substances in the direction of another person(s) 557 - Refusing to participate in an available work, training, education, or other mandatory programming assignment 563 - Making a false fire alarm or tampering with, damaging, blocking, or interfering with fire alarms, fire extinguishers, fire hoses, fire exits, or other firefighting equipment or devices 620 - Receiving or possessing contraband during participation in off-grounds or outer perimeter activity or work detail 659 - Committing sexual harassment against another incarcerated individual, as defined in department policy 661 - Committing sexual harassment against a staff member, visitor, or community member 663 - Using physical force, intimidation, or coercion against any person 673 - Receiving or possessing prescribed medication without authorization 702 - Possessing, manufacturing, or introducing an unauthorized tool 708 - Organizing or participating in an unauthorized group activity or meeting 717 - Causing a threat of injury to another person by resisting orders, assisted movement, or physical efforts to restrain 720 - Flooding a cell or other area of the facility 724 - Refusing a cell or housing assignment 734 - Participating or engaging in the activities of any unauthorized club, organization, gang, or security threat group; or wearing or possessing the symbols of an unauthorized club, organization, gang, or security threat group 810 - Failing to seek/maintain employment or training or maintain oneself financially, or being terminated from a work, training, education, or other programming assignment for negative or substandard performance 893 - Damaging, altering, or destroying any item that results in the concealment of contraband or demonstrates the ability to conceal contraband 894 - Disposing and/or destroying evidence to interfere with identifying contraband or an investigation 896 - Harassing, using abusive language, or engaging in other offensive behavior directed to or in the presence of another person(s) or group(s) based upon race, creed, color, age, sex, national origin, religion, sexual orientation, marital status or status as a state registered domestic partner, disability, veteran's status, or genetic information 899 - Failing to obtain prior written authorization from the sentencing court, contrary to RCW 9.94A.645 , prior to commencing or engaging in any civil action against any victim or family of the victim of any serious violent offenses the incarcerated individual committed 508 - Spitting or throwing objects, materials, or substances in the direction of another person(s) 557 - Refusing to participate in an available work, training, education, or other mandatory programming assignment 563 - Making a false fire alarm or tampering with, damaging, blocking, or interfering with fire alarms, fire extinguishers, fire hoses, fire exits, or other firefighting equipment or devices 620 - Receiving or possessing contraband during participation in off-grounds or outer perimeter activity or work detail 659 - Committing sexual harassment against another incarcerated individual, as defined in department policy 661 - Committing sexual harassment against a staff member, visitor, or community member 663 - Using physical force, intimidation, or coercion against any person 673 - Receiving or possessing prescribed medication without authorization 702 - Possessing, manufacturing, or introducing an unauthorized tool 708 - Organizing or participating in an unauthorized group activity or meeting 717 - Causing a threat of injury to another person by resisting orders, assisted movement, or physical efforts to restrain 720 - Flooding a cell or other area of the facility 724 - Refusing a cell or housing assignment 734 - Participating or engaging in the activities of any unauthorized club, organization, gang, or security threat group; or wearing or possessing the symbols of an unauthorized club, organization, gang, or security threat group 810 - Failing to seek/maintain employment or training or maintain oneself financially, or being terminated from a work, training, education, or other programming assignment for negative or substandard performance 893 - Damaging, altering, or destroying any item that results in the concealment of contraband or demonstrates the ability to conceal contraband 894 - Disposing and/or destroying evidence to interfere with identifying contraband or an investigation 896 - Harassing, using abusive language, or engaging in other offensive behavior directed to or in the presence of another person(s) or group(s) based upon race, creed, color, age, sex, national origin, religion, sexual orientation, marital status or status as a state registered domestic partner, disability, veteran's status, or genetic information 899 - Failing to obtain prior written authorization from the sentencing court, contrary to RCW 9.94A.645 , prior to commencing or engaging in any civil action against any victim or family of the victim of any serious violent offenses the incarcerated individual committed Category C - Level 2 552 - Causing an innocent person to be penalized or proceeded against by providing false information 554 - Damaging, altering, or destroying any item that is not the incarcerated individual's personal property, the value of which is ten dollars or more 710 - Acquiring an unauthorized tattoo/piercing/scar, tattooing/piercing/scarring another, or possessing tattoo/piercing/scarring paraphernalia 718 - Using the mail, telephone, or electronic communications in violation of any law, court order, or previous written warning, direction, and/or documented disciplinary action 726 - Telephoning, sending written or electronic communication, or otherwise initiating communication with a minor without the approval of that minor's parent or guardian 552 - Causing an innocent person to be penalized or proceeded against by providing false information 554 - Damaging, altering, or destroying any item that is not the incarcerated individual's personal property, the value of which is ten dollars or more 710 - Acquiring an unauthorized tattoo/piercing/scar, tattooing/piercing/scarring another, or possessing tattoo/piercing/scarring paraphernalia 718 - Using the mail, telephone, or electronic communications in violation of any law, court order, or previous written warning, direction, and/or documented disciplinary action 726 - Telephoning, sending written or electronic communication, or otherwise initiating communication with a minor without the approval of that minor's parent or guardian Category C - Level 3 562 - Arcing or possessing arcing materials 657 - Being found guilty of four or more general violations arising out of separate incidents within a 90-day period 658 - Failing to comply with any administrative or posthearing sanction imposed for committing any violation 674 - Possessing, introducing, or transferring any tobacco, tobacco products, matches, or tobacco paraphernalia 812 - Failing to report/turn in all earnings 562 - Arcing or possessing arcing materials 657 - Being found guilty of four or more general violations arising out of separate incidents within a 90-day period 658 - Failing to comply with any administrative or posthearing sanction imposed for committing any violation 674 - Possessing, introducing, or transferring any tobacco, tobacco products, matches, or tobacco paraphernalia 812 - Failing to report/turn in all earnings Category D 517 - Committing an act that would constitute a misdemeanor and that is not otherwise included in these rules 551 - Providing false information to the hearing officer or in a disciplinary appeal 555 - Stealing property, possessing stolen property, or possessing another person's property 559 - Gambling or possessing gambling paraphernalia 656 - Giving, receiving, or offering any person a bribe or anything of value for an unauthorized favor or service 662 - Soliciting goods or services for which the provider would expect payment, when the incarcerated individual knows or should know that they lack sufficient funds to cover the cost 706 - Giving false information when proposing a release plan 714 - Giving, selling, purchasing, borrowing, lending, trading, or accepting money or anything of value except through approved channels, the value of which is ten dollars or more 725 - Telephoning or sending written or electronic communication to any incarcerated individual in a correctional facility, or partial confinement directly or indirectly, without prior written approval of the superintendent/community corrections supervisor/designee 728 - Possessing any sexually explicit material(s), as defined in DOC Policy 450.100 740 - Committing fraud or embezzlement, or obtaining goods, services, money, or anything of value under false pretense 741 - Stealing food, the value of which is ten dollars or more 742 - Establishing a pattern of creating false emergencies by feigning illness or injury 755 - Misusing or wasting issued supplies, goods, services, or property, the replacement value of which is ten dollars or more 811 - Entering into an unauthorized contract 861 - Performing or taking part in an unauthorized marriage 890 - Failing to follow a medical directive and/or documented medical recommendations, resulting in injury 517 - Committing an act that would constitute a misdemeanor and that is not otherwise included in these rules 551 - Providing false information to the hearing officer or in a disciplinary appeal 555 - Stealing property, possessing stolen property, or possessing another person's property 559 - Gambling or possessing gambling paraphernalia 656 - Giving, receiving, or offering any person a bribe or anything of value for an unauthorized favor or service 662 - Soliciting goods or services for which the provider would expect payment, when the incarcerated individual knows or should know that they lack sufficient funds to cover the cost 706 - Giving false information when proposing a release plan 714 - Giving, selling, purchasing, borrowing, lending, trading, or accepting money or anything of value except through approved channels, the value of which is ten dollars or more 725 - Telephoning or sending written or electronic communication to any incarcerated individual in a correctional facility, or partial confinement directly or indirectly, without prior written approval of the superintendent/community corrections supervisor/designee 728 - Possessing any sexually explicit material(s), as defined in DOC Policy 450.100 740 - Committing fraud or embezzlement, or obtaining goods, services, money, or anything of value under false pretense 741 - Stealing food, the value of which is ten dollars or more 742 - Establishing a pattern of creating false emergencies by feigning illness or injury 755 - Misusing or wasting issued supplies, goods, services, or property, the replacement value of which is ten dollars or more 811 - Entering into an unauthorized contract 861 - Performing or taking part in an unauthorized marriage 890 - Failing to follow a medical directive and/or documented medical recommendations, resulting in injury (2) If contraband or another violation is discovered in an incarcerated individual's assigned area of responsibility, such as within the confines or contents of a cell, the contraband or other violation shall be constructively attributed (i.e., cell tagged) to all incarcerated individuals assigned responsibility for that area.