WAC 137-56-110. 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. (2) If contraband or another violation is discovered in an individual's assigned area of responsibility, such as within the confines or contents of an assigned room, the contraband or other violation shall be constructively attributed (i.e., cell tagged) to all individuals assigned responsibility for that area. Seriousness Level: Category A: Egregious Acts/Inflicting Harm/Violence 402 Committing an act that would constitute a felony or misdemeanor and that is not otherwise included in these rules 403 Taking or holding any person hostage 405 Possessing, manufacturing, or introducing an explosive device, any firearm, ammunition, weapon, sharpened instrument, knife, poison, or any components thereof 611 Committing sexual assault against a staff member 613 Committing any act of sexual contact against a staff member 635 Committing sexual assault against another individual, as defined in department policy (i.e., aggravated sexual assault or individual-on-individual sexual assault) 637 Committing sexual abuse against another individual, as defined in department policy 665 Introduction/trafficking of any unauthorized drug or drug paraphernalia Seriousness Level: Category B: Level 1 High Profile/Harmful/Violence Against Persons/Safety 401 Assaulting another person 404 Escaping from partial confinement 406 Rioting, or inciting others to riot 667 Possession of any unauthorized drug 669 Giving, selling, or trading any prescribed medication, or possessing another incarcerated individual's prescribed medication Seriousness Level: Category B: Level 2 High Profile/Harmful/Violence Against Persons/Safety 407 Setting fire 408 Engaging in or inciting a group demonstration 409 Fighting with another person 415 Possessing, transferring, or soliciting any person's identification information, including current staff 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 community corrections supervisor 416 Counterfeiting/forgery of official documents 419 Possessing clothing or assigned equipment of a staff member 437 Engaging in a sex act within facility boundaries 438 Indecent exposure 549 Providing false or misleading information during any stage of an investigation of sexual misconduct, as defined in department policy Seriousness Level: Category C: Level 1 Noncompliance/Attitudes and Behaviors/Court and DOC Conditions Related 410 Threatening another with bodily harm or with any offense against any person or property Seriousness Level: Category C: Level 2 Noncompliance/Attitudes and Behaviors/Court and DOC Conditions Related 411 Extorting or blackmailing another person 412 Refusing a direct order from a staff member to proceed to or disperse from a particular area 413 Interfering with a staff member or other personnel, in the performance of their duties 414 Tampering with a locking device 417 Committing fraud or embezzlement, or obtaining goods, services, money, or anything of value under false pretense 418 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 420 Stealing property, possessing stolen property, or possessing another individual's property 423 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 425 Causing an innocent person to be penalized or proceeded against by providing false information 460 Using an over-the-counter medication without authorization or failing to take prescribed medication as required when administered under supervision 461 Possession of drug paraphernalia 462 Refusing to submit to or cooperate in a search when ordered to do so by a staff member 463 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 464 Introducing or transferring alcohol or any intoxicating substance not otherwise included in these rules 465 Using an over-the-counter medication without authorization 466 Admitting use, or receiving a positive test for use of, an unauthorized drug, alcohol, or other intoxicating substance 467 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 468 Providing a urine specimen that has been diluted, substituted, or altered in any way 469 Refusing or failing to submit to a breath alcohol test or other standard sobriety test when ordered to do so by a staff member 470 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 472 Unauthorized contact with prohibited persons as defined in case plan 477 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 481 Violating conditions of furlough 485 Using the mail, telephone, or electronic communications in violation of any law, court order, or previous written warning, direction, and/or documented disciplinary action, or initiating communication with a minor without the approval of that minor's parent or guardian 494 Receiving or possessing contraband 557 *Mandatory programming 72.09 Refusing to participate in an available work, training, education, or other mandatory programming assignment 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 700 Failing to complete or administrative termination from a DOSA treatment 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. A guilty finding will result in reclassification 701 Failure to comply with the DOSA program. Note: This violation must be initiated by authorized staff and heard by a community corrections hearings officer in accordance with chapter 137-24 WAC. A guilty finding may result in reclassification or lesser sanctions 810 *Mandatory programming 72.09 Refusing to seek/maintain employment, training, or programming, or being terminated from work, training, education, or other programming for negative or substandard performance 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 crime the individual committed Seriousness Level: Category D: Self-Destructive Behavior/Risky Behavior/Case Plan Related 421 Using facility phones, information technology resources/systems, or related equipment intended for staff use without authorization 422 Possessing, manufacturing, or introducing an unauthorized tool 424 Disposing and/or destroying evidence to interfere with identifying contraband or an investigation 435 Intentional destruction, damage, or altering any item that is not the individuals personal property, the value of which is $10 or more 436 Possessing any sexually explicit material(s), as defined in WAC 137-48-020 439 Urinating, defecating, or placing feces or urine in any location other than a toilet or authorized receptacle 459 Receiving or possessing prescribed medication without authorization 474 Unauthorized modification or noncompliance of an approved case plan 482 Violating an imposed special condition 483 Failing to comply with any administrative or post-hearing sanction imposed for committing any violation 484 Operating motor vehicle or being in a motor vehicle without permission 486 Telephoning, or sending written or electronic communication to any individual in a correctional facility, directly or indirectly, without prior written approval of the superintendent/community corrections supervisor/designee Seriousness Level: Category E: General Noncompliance 471 Failing to comply with written rules, handbook, or case plan 475 Entering into an unauthorized contract 476 Failing to report/turn in all earnings 487 Possession of unauthorized items, to include money or other negotiable instruments without proper authorization 491 Introducing, possessing, or using a cell phone, electronic/wireless device, or related equipment, without proper authorization 492 Misusing or wasting issued supplies, goods, services, or property 493 Being in the room/dorm assigned to another individual under department jurisdiction or an area of the facility without authorization 495 Giving, selling, purchasing, borrowing, lending, trading, or accepting money or anything of value except through approved channels Seriousness Level: Category A: Egregious Acts/Inflicting Harm/Violence 402 Committing an act that would constitute a felony or misdemeanor and that is not otherwise included in these rules 403 Taking or holding any person hostage 405 Possessing, manufacturing, or introducing an explosive device, any firearm, ammunition, weapon, sharpened instrument, knife, poison, or any components thereof 611 Committing sexual assault against a staff member 613 Committing any act of sexual contact against a staff member 635 Committing sexual assault against another individual, as defined in department policy (i.e., aggravated sexual assault or individual-on-individual sexual assault) 637 Committing sexual abuse against another individual, as defined in department policy 665 Introduction/trafficking of any unauthorized drug or drug paraphernalia Seriousness Level: Category B: Level 1 High Profile/Harmful/Violence Against Persons/Safety 401 Assaulting another person 404 Escaping from partial confinement 406 Rioting, or inciting others to riot 667 Possession of any unauthorized drug 669 Giving, selling, or trading any prescribed medication, or possessing another incarcerated individual's prescribed medication Seriousness Level: Category B: Level 2 High Profile/Harmful/Violence Against Persons/Safety 407 Setting fire 408 Engaging in or inciting a group demonstration 409 Fighting with another person 415 Possessing, transferring, or soliciting any person's identification information, including current staff 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 community corrections supervisor 416 Counterfeiting/forgery of official documents 419 Possessing clothing or assigned equipment of a staff member 437 Engaging in a sex act within facility boundaries 438 Indecent exposure 549 Providing false or misleading information during any stage of an investigation of sexual misconduct, as defined in department policy Seriousness Level: Category C: Level 1 Noncompliance/Attitudes and Behaviors/Court and DOC Conditions Related 410 Threatening another with bodily harm or with any offense against any person or property Seriousness Level: Category C: Level 2 Noncompliance/Attitudes and Behaviors/Court and DOC Conditions Related 411 Extorting or blackmailing another person 412 Refusing a direct order from a staff member to proceed to or disperse from a particular area 413 Interfering with a staff member or other personnel, in the performance of their duties 414 Tampering with a locking device 417 Committing fraud or embezzlement, or obtaining goods, services, money, or anything of value under false pretense 418 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 420 Stealing property, possessing stolen property, or possessing another individual's property 423 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 425 Causing an innocent person to be penalized or proceeded against by providing false information 460 Using an over-the-counter medication without authorization or failing to take prescribed medication as required when administered under supervision 461 Possession of drug paraphernalia 462 Refusing to submit to or cooperate in a search when ordered to do so by a staff member 463 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 464 Introducing or transferring alcohol or any intoxicating substance not otherwise included in these rules 465 Using an over-the-counter medication without authorization 466 Admitting use, or receiving a positive test for use of, an unauthorized drug, alcohol, or other intoxicating substance 467 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 468 Providing a urine specimen that has been diluted, substituted, or altered in any way 469 Refusing or failing to submit to a breath alcohol test or other standard sobriety test when ordered to do so by a staff member 470 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 472 Unauthorized contact with prohibited persons as defined in case plan 477 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 481 Violating conditions of furlough 485 Using the mail, telephone, or electronic communications in violation of any law, court order, or previous written warning, direction, and/or documented disciplinary action, or initiating communication with a minor without the approval of that minor's parent or guardian 494 Receiving or possessing contraband 557 *Mandatory programming 72.09 Refusing to participate in an available work, training, education, or other mandatory programming assignment 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 700 Failing to complete or administrative termination from a DOSA treatment 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. A guilty finding will result in reclassification 701 Failure to comply with the DOSA program. Note: This violation must be initiated by authorized staff and heard by a community corrections hearings officer in accordance with chapter 137-24 WAC. A guilty finding may result in reclassification or lesser sanctions 810 *Mandatory programming 72.09 Refusing to seek/maintain employment, training, or programming, or being terminated from work, training, education, or other programming for negative or substandard performance 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 crime the individual committed Seriousness Level: Category D: Self-Destructive Behavior/Risky Behavior/Case Plan Related 421 Using facility phones, information technology resources/systems, or related equipment intended for staff use without authorization 422 Possessing, manufacturing, or introducing an unauthorized tool 424 Disposing and/or destroying evidence to interfere with identifying contraband or an investigation 435 Intentional destruction, damage, or altering any item that is not the individuals personal property, the value of which is $10 or more 436 Possessing any sexually explicit material(s), as defined in WAC 137-48-020 439 Urinating, defecating, or placing feces or urine in any location other than a toilet or authorized receptacle 459 Receiving or possessing prescribed medication without authorization 474 Unauthorized modification or noncompliance of an approved case plan 482 Violating an imposed special condition 483 Failing to comply with any administrative or post-hearing sanction imposed for committing any violation 484 Operating motor vehicle or being in a motor vehicle without permission 486 Telephoning, or sending written or electronic communication to any individual in a correctional facility, directly or indirectly, without prior written approval of the superintendent/community corrections supervisor/designee Seriousness Level: Category E: General Noncompliance 471 Failing to comply with written rules, handbook, or case plan 475 Entering into an unauthorized contract 476 Failing to report/turn in all earnings 487 Possession of unauthorized items, to include money or other negotiable instruments without proper authorization 491 Introducing, possessing, or using a cell phone, electronic/wireless device, or related equipment, without proper authorization 492 Misusing or wasting issued supplies, goods, services, or property 493 Being in the room/dorm assigned to another individual under department jurisdiction or an area of the facility without authorization 495 Giving, selling, purchasing, borrowing, lending, trading, or accepting money or anything of value except through approved channels