WAC Handbook

Transcription

WAC HandbookWAC 137-28-220General Violations – Prison OnlyWAC 137-25-030Serious Violations – Prison and Work ReleaseEffective Date October 10, 2019*Attempting or conspiring to commit one of thefollowing violations, or aiding and abetting anotherto commit one of the violations, shall beconsidered the same as committing the violation400-HA001 (Revised 10/10/2019)

Policy and Form Numbers - Most Frequently Used460.000 Disciplinary Process for PrisonsxDOC 17-069 Infraction Review ChecklistxDOC 17-070 General Infraction ReportxDOC 17-076 Initial Serious Infraction ReportxDOC 20-051 Serious Infraction ReportxDOC 17-085 Sanction Notification460.050 Disciplinary SanctionsxPolicy Attachments 1 - Disciplinary SanctioningTablexPolicy Attachments 2 - Prison SanctioningGuidelines460.150 Confidential Offender InformationxDOC 05-392 Confidential Information Report420.375 Contraband and Evidence Handling (RESTRICTED)xDOC 05-384 Search Report490.800 Prison Rape Elimination Act (PREA)Prevention and ReportingxAttachment 1 - Definitions

DefinitionsAssault: A physical attack upon the body of anotherperson. The attack may be made with any instrumentincluding, but not limited to; weapons, body parts, foodproducts, or bodily secretions.Aggravated Assault: An assault resulting in physicalinjury and requiring medical care.Fight: a scuffle; engaging in a (mutual) physicalconfrontation with another by punching, kicking, etc.(Webster’s Dictionary Definition)Medical Care: care conducted in a medicalfacility/treatment center by medical staff to treat adocumented physical injury, (i.e., Bandaging, suturing,surgery, etc.) It is not an examination conducted bymedical staff to determine whether an injury has beensustained.*Note: Attempting or conspiring to commit, or aidingand abetting another to commit one of the followingviolations, shall be considered the same as committingthe violation.

Notes

Notes

General Violations - Prisons OnlyUnauthorized possession/theft051 - Possessing money, stamps or other negotiableinstruments without authorization, the total valueof which is less than five dollars053 - Possessing anything not authorized for retention orreceipt by an offender and/or not issued to anoffender through approved channels255 - Misusing or wasting issued supplies, goods,services or property, the replacement value ofwhich is less than ten dollars310 - Pretending or failing to take prescribed medicationby concealing or retaining the medication354 - Stealing food, the value of which is less than fivedollars356 - Possessing an unauthorized amount of clothing,bedding, or issued suppliesLending/trading351 - Giving, selling, purchasing, borrowing, lending,trading, or accepting money or anything of value,except through approved channels, the value ofwhich is less than ten dollars1

General Violations - Prisons OnlyAltering/destroying property055 - Damaging, altering, or destroying any item that isnot the offender’s personal property, the value ofwhich is less than ten dollarsDisruptive behavior/lying202 - Harassing, using abusive language, or engagingin other offensive behavior directed to, or in thepresence of another person(s) or group(s)203 - Lying to a staff member353 - Engaging in disruptive behavior355 - Roughhousing, or engaging in horseplay or anyother unauthorized physical contact with anotheroffender(s)357 - Demonstrating, practicing or using martial arts, orother self-defense tacticsFailure to follow rules and orders103 - Failing to follow any oral/written orders, rules, orpolicies not otherwise included in these rules105 - Failing to perform a work, training, education, orother programming assignment as directed210 - Out of bounds; Being in an area where thepresence of the offender is unauthorized214 - Interfering or failing to comply with countprocedures2

General Violations - Prisons Only251 - Smoking or possessing tobacco or relatedproducts/paraphernalia where prohibited301 - Failing to maintain one’s clothing, personalhygiene, or quarters in accordance with facilityrules or policiesUnauthorized communication/visitor contact303 - Using the mail, telephone, or electroniccommunications without authorization304 - Conducting/participating in unwanted written,telephone, or electronic communications with anyperson305 - Corresponding with or engaging in conduct with avisitor in violation of published or posted rules orpoliciesInappropriate use of equipment212 - Using any equipment or machinery when notspecifically authorized or contrary to instructionsor safety standardsUnexcused absence/feigning illness104 - Being absent from work or any assignment,scheduled meeting, appointment, or call outwithout authorization3

General Violations - Prisons Only352 - Pretending to be ill or injured contrary tomedical/mental health screening resultsInappropriate sexual behavior244 - Displaying sexual affection with another offender309 - Engaging in an unauthorized display of affectionwith a visitorSerious Violations - Prisons & Work ReleaseCategory A - 20 Points501 - Committing homicide502 - Committing aggravated assault against anotheroffender507 - Committing an act that would constitute a felonyand that is not otherwise included in these rules511 - Committing aggravated assault against a visitoror community member521 - Taking or holding any person hostage550 - Escaping601 - Possessing, manufacturing, or introducing anexplosive device or any ammunition, or anycomponent thereof602 - Possessing, manufacturing, or introducing anyfirearm, weapon, sharpened instrument, knife, orpoison, or any component thereof4

Serious Violations - Prisons & Work Release603 - Introducing or transferring any unauthorized drugor drug paraphernalia604 - Committing aggravated assault against a staffmember611 - Committing sexual assault against a staffmember613 - Committing an act of sexual contact against astaff member635 - Committing sexual assault against anotheroffender, as defined in department policy (i.e.,aggravated sexual assault or offender-onoffender sexual assault) (DOC 490.800Attachment 1)637 - Committing sexual abuse against anotheroffender as defined in department policy(DOC 490.800 Attachment 1)650 - Rioting, as defined in RCW 9.94.010651 - Inciting others to riot, as defined in RCW 9.94.010830 - Escaping from work/training release withvoluntary return within 24 hours831 - While in work/training release, failing to returnfrom an authorized sign out882 - While in prison, introducing, possessing, or usinga cell phone, electronic/wireless communicationdevice, or related equipment withoutauthorization5

Serious Violations - Prisons & Work ReleaseCategory B - Level 1 -15 Points633 - Assaulting another offender704 - Assaulting a staff memberCategory B - Level 1 - 10 Points504 - Engaging in a sex act with another person(s)within the facility that is not otherwise included inthese rules, except in an approved extendedfamily visit553 - Setting a fire560 - Possessing items or materials likely to be used inan escape without authorization711 - Assaulting a visitor or community member744 - Making a bomb threat884 - Urinating, defecating or placing feces or urine inany location other than a toilet or authorizedreceptacle886 - Adulterating any food or drink892 - Giving, selling or trading any prescribedmedication, or possessing another offender’sprescribed medicationCategory B - Level 2 -10 Points505 - Fighting with another offender556 - Refusing to submit to or cooperate in a searchwhen ordered to do so by a staff member6

Serious Violations - Prisons & Work Release607 - Refusing to submit to a urinalysis and/or failing toprovide a urine sample within the allotted timeframe when ordered to do so by a staff member608 - Refusing or failing to submit to a breath alcoholtest or other standard sobriety test when orderedto do so by a staff member609 - Refusing or failing to submit to testing required bypolicy, statute, or court order, not otherwiseincluded in these rules, when ordered to do so bya staff member652 - Engaging in or inciting a group demonstration655 - Making any drug, alcohol, or intoxicatingsubstance, or possessing ingredients,equipment, items, formulas, or instructions thatare used in making any drug, alcohol, orintoxicating substance682 - Engaging in or inciting an organized workstoppage707 - Introducing or transferring alcohol or anyintoxicating substance not otherwise included inthese rules716 - Using an over the counter medication withoutauthorization or failing to take prescribedmedication as required when administered undersupervision7

Serious Violations - Prisons & Work Release736 - Possessing, manufacturing, or introducing anunauthorized key or electronic security accessdevice750 - Committing indecent exposure752 - Possessing, or receiving a positive test for use of,an unauthorized drug, alcohol, or intoxicatingsubstance778 - Providing a urine specimen that has been diluted,substituted, or altered in any wayCategory B - Level 3 - 10 Points503 - Extorting or blackmailing, or demanding orreceiving anything of value in return for protectionagainst others or under threat of informing506 - Threatening another with bodily harm or with anyoffense against any person or property509 - Refusing a direct order by any staff member toproceed to or disperse from a particular area525 - Violating conditions of a furlough549 - Providing false or misleading information duringany stage of an investigation of sexualmisconduct, as defined in department policy558 - Interfering with staff members, medicalpersonnel, firefighters, or law enforcementpersonnel in the performance of their duties8

Serious Violations - Prisons & Work Release600 - Tampering with, damaging, blocking, orinterfering with any locking, monitoring, orsecurity device605 - Impersonating any staff member, other offender,or visitor653 - Causing an inaccurate count or interfering withcount by means of unauthorized absence, hiding,concealing oneself, or other form of deception ordistraction654 - Counterfeiting or forging, or altering, falsifying, orreproducing any document, article ofidentification, money, or security or other officialpaper without authorization660 - Possessing money, stamps, or other negotiableinstruments without authorization, the total valueof which is five dollars or more709 - Out-of-bounds: Being in another offender’s cell orbeing in an area in the facility with one or moreoffenders without authorization738 - Possessing clothing or assigned equipment of astaff member9

Serious Violations - Prisons & Work Release739 - Possessing, transferring, or soliciting anyperson’s identification information, includingcurrent staff members or their immediate familymembers, when not voluntarily given.Identification information includes Social Securitynumbers, home addresses, telephone numbers,driver’s license numbers, medical, personnel,financial, or real estate information, bank orcredit card numbers, or other like information notauthorized by the superintendent745 - Refusing a transfer to another facility746 - Engaging in or inciting an organized hunger strike762 - Failing to complete or administrative terminationfrom the DOSA program. Note: This violation mustbe initiated by authorized staff and heard by aCommunity corrections Hearing Officer inaccordance with chapter 137-24 WAC777 - Causing injury to another person by resistingorders, assisted movement or physical efforts torestrain813 - Being in the community without authorization orbeing in an unauthorized location in thecommunity814 - While in work/training release, violating animposed special condition10

Serious Violations - Prisons & Work Release879 - Operating or being in a motor vehicle withoutpermission or in an unauthorized manner orlocation889 - Using facility phones, information technologyresources/systems, or related equipment withoutauthorizationCategory C - Level 1 - 5 Points508 - Spitting or throwing objects, materials, orsubstances in the direction of another person(s)557 - Refusing to participate in an available work,training, education or other mandatoryprogramming assignment563 - Making a false fire alarm or tampering with,damaging, blocking, or interfering with firealarms, fire extinguishers, fire hoses, fire exits, orother firefighting equipment or devices610 - While in prison, receiving or possessingprescribed medication without authorization11

Serious Violations - Prisons & Work Release620 - Receiving or possessing contraband duringparticipation in off-grounds or outer perimeteractivity or work detail659 - Committing sexual harassment against anotheroffender, as defined in department policy661 - Committing sexual harassment against a staffmember, visitor, or community member663 - Using physical force, intimidation, or coercionagainst any person702 - Possessing, manufacturing, or introducing anunauthorized tool708 - Organizing or participating in an unauthorizedgroup activity or meeting717 - Causing a threat of injury to another person byresisting orders, assisted movement, or physicalefforts to restrain720 - Flooding a cell or other area of the facility724 - Refusing a cell or housing assignment734 - Participating or engaging in the activities of anyunauthorized club, organization, gang, or securitythreat group; or wearing or possessing thesymbols of an unauthorized club, organization,gang or security threat group12

Serious Violations - Prisons & Work Release810 - Failing to seek/maintain employment or trainingor maintain oneself financially, or beingterminated from a work, training, education, orother programming assignment for negative orsubstandard performance.893 - Damaging, altering, or destroying any item thatresults in the concealment of contraband ordemonstrates the ability to conceal contraband896 - Harassing, using abusive language, or engagingin other offensive behavior directed to or in thepresence of another person(s) or group(s) basedupon race, creed, color, age, se

- Demonstrating, practicing or using martial arts, or other self-defense tactics . Failure to follow rules and orders 103 - Failing to follow any oral/written orders, rules, or policies not otherwise included in these rules . 105 - Failing to perform a work, training, education, or other