EFTA00039282.pdf

EFFECTIVE NOVEMBER 18. 2020 Elements of Prohibited Acts I. Elements of Prohibited Acts: Elements of prohibited acts are the definitions of the conduct which constitutes commission of the prohibited acts. Elements are facts which must be present in order to prove the commission of a prohibited act. There are specific facts which constitute or make up each prohibited act that must be established in the record before you can find guilt or commission of the act. Elements consist of four or five categories (depending on the offense) which must be present in order to prove commission of the prohibited act. They are: A. Subject: The inmate accused of committing the prohibited act must be properly identified and described in the -description of the incident' and in the "specific evidence relied upon. Normally, the name and register number is sufficient. B. Time: Usually described as the day and hour the incident occurred. C. Location: The place or places the offense was committed. Gives notice of what to defend and establishes our right to regulate the inmate's conduct. D. Act: The description of the actions or conduct of the inmate which constitute the commission of the specific prohibited act. **This Li the most significant element andpresents the most problems in definition. E. Victim: Must be described and identified in those instances where the prohibited act or offense is against another person. An assault requires a victim. Failing to provide a urine sample does not. II. Elements Determine What Offense is to be Charged A. Description: The description of the incident on the incident report. 1. Staff must describe in factual terms what they observed, heard, tasted or smelled. 2. Section I I must contain all elements of prohibited acts. 3. This description provides the Wolff notice requirement. EFTA00039282  Elements of Offense Code Offense 100 Killing. Deprive of life. 101 Assaulting any person, or an armed assault on An attempt or threat to do violence to the institution's secure perimeter (a charge for another; includes battery, or the unconsented assaulting any person at this level is to be used touching of another. only when serious physical injury has been attempted or accomplished). 102 Escape from escort; escape from any secure or Escape - departure from custody without non-secure institution, including community permission or authority or before official confinement, escape from unescorted release. community program or activity; escape from outside a secure institution. 103 Setting a fire (charged with this act in this To cause ignition or combustion; includes category only when found topose a threat to life destructive burning. or a threat of serious bodily harm or in furtherance of a prohibited act of Greatest I severity, e.g., in furtherance of a riot or escape; otherwise, the charge is properly classified Code 218 or 329). 104 Possession, manufacture, or introduction of a Possess - to have on ones person or under gun, firearm, weapon, sharpened instrument, one's dominion or control. Manufacture - to knife, dangerous chemical, explosive, make or fashion something. ammunition, or any instrument used as a Introduce - to bring in from outside the weapon. institution; any of the objects listed. 105 Rioting. Participates with two or more other persons in a disturbance for purpose of preventing or coercing official action with actual or threats of violence. 106 Encouraging others to riot. Promotes or urges others to participate in a riot. 107 Taking Hostage(s). To take someone captive with threats to kill or harm if demands are not met. 108 Possession, manufacture, introduction, or loss of Possess - to have on ones person or under a hazardous tool (tools most likely to be used ones dominion or control Manufacture - to in an escape or escape attempt or to serve as make or fashion something. weapons capable of doing serious bodily harm to Introduce — to bring in from outside the others; or those hazardous to institutional institution; any of the objects listed. security or personal safety; (e.g., hacksaw blade, body armor, maps, handmade rope, or other escape paraphernalia, portable telephone, pager or other electronic device). EFTA00039283 I H) Refusing to provide a urine sample; refining to Voluntary or intentional decision not to breath into a Breathalyzer; refusing to take part provide a specimen of urine for testing; a on other drug abuse testing. stated inability to provide a urine sample within reasonable time, normally two hours. Voluntary or intentional decision not to breathe into a Breathalyzer for alcohol or other intoxicant testing. Voluntary or intentional decision not to take part in other alcohol/intoxicant testing/drug abuse testing as required. 111 Introduction or making of any narcotics, Introduce - to bring in from outside the marijuana, drugs, alcohol, intoxicants, or related institution. paraphernalia, not prescribed for the individual Making- to make or construct any narcotics, by the medical staff. drugs, alcohol, intoxicants, or related paraphernalia. 112 Use of any narcotics, marijuana, drugs, alcohol, To be seen using or testing positive for the intoxicants, or related paraphernalia, not use of any narcotics, marijuana, drugs, prescribed for the individual by the medical alcohol, intoxicants, that has not been staff. prescribed for the individual by the medical staff. 113 Possession of any narcotics, marijuana, drugs, To possess means to have on ones person or alcohol, intoxicants, or related paraphernalia, not under ones dominion or control of the hard prescribed for the individual by the medical contraband identified. staff. 114 Sexual assault of any person, involving non- Sexual assault includes the unconsented consensual touching by force or threat of force. intimate physical contact with another person which includes an attempt or threat of physical violence. 115 Destroying and/or disposing of any item during a Includes throwing items away from staff or search or attempt to search. flushing items when a search is being conducted or attempting to conduct a search. 196 Use of the mail for an illegal purpose or to Use of the mail to commit or aid in the commit or further a Greatest category prohibited commission of a crime or a Greatest act. category prohibited act. 197 Use of the telephone for an illegal purpose or to Using the telephone to commit or aid in the commit or further a Greatest category prohibited commission of a crime or a Greatest act. category prohibited act. 198 Interfering with a staff member in the Interfering - to hamper, hinder, or disturb a performance of duties most like another Greatest staff member performing his duties. Must be category prohibited act. This charge is to be used related to 100 level activities. only when another charge of Greatest severity is not accurate. The offending conduct must be charged as "most like' one of the listed Greatest categories prohibited acts. EFTA00039284 Code 199 Conduct which disrupts or interferes with the Any act of Greatest Severity level which is orderly running of the institution or the Bureau not specifically described in other prohibited of Prisons most like another Greatest category acts listed above, but which causes disorder prohibited act. This charge is to be used only or turmoil in the operation of a prison. when another charge of Greatest severity is not accurate. The offending conduct must be charged as "most like one of the listed Greatest categories prohibited acts. EFTA00039285 HHIIH Offense Elements 200 Escape from a work detail, non-secure Departure from custody without permission institution, or other non-secure confinement, or authority or before release; includes including community confinement, with failure to follow instructions of staff as to subsequent voluntary return to the Bureau of the limits of the activity; or commission of Prisons custody within four hours. an act which prevents the inmate from returning at the time and place prescribed (such as an arrest based on probable cause), and the inmate voluntarily returns within four hours. 201 Fighting with another person. A light' is a hostile, physical or verbal encounter or engagement between two or more persons. 203 Threatening another with bodily harm. A communication of an intent to inflict physical or other harm on any person or on property. 204 Extortion, blackmail, protection, demanding or To obtain anything of value from another receiving money or anything of value in return induced by the wrongful use of actual or for protection against others, to avoid bodily threatened force, violence or fear. harm, or under threat of informing 205 Engaging in sexual acts. Take part in intimate physical contact with self or another. 206 Making sexual proposals or threats to another. Offering or encouraging another to engage in a sexual act or in intimate physical contact; a threat is a communicated intent to inflict physical or other harm on the person or on property. 207 Wearing a disguise or a mask. Have on one's face or other portion of one's body an item which conceals, changes or alters identity or appearance. 208 Possession of any unauthorized locking device, Possess - have on ones person or have or lock pick, or tampering with or blocking any under ones control. lock device (includes keys), or destroying, Tamper - to meddle with for purpose of altering, interfering with, improperly using, or altering, destroying, etc. damaging any security device, mechanism, or procedure. 209 Adulteration of any food or drink. Adulterate - to debase or make impure. 211 Possessing any officer's or staff clothing. Possess - have on ones person or have under ones control or dominion. EFTA00039286 Code Offense Elements 212 Engaging in or encouraging a group To participate or promote others to demonstration. participate with two or more persons gathering together to support a cause. 213 Encouraging others to refuse to work, or to To promote or urge other inmates to refuse participate in a work stoppage. to work or participate in a work stoppage. 216 Giving or offering an official or staff member a Bribe - giving something of value to bribe, or anything of value. persuade or induce favor or action. 217 Giving money to, or receiving money from, any Contraband - anything an inmate is not person for the purpose of introducing contraband permitted to have in his possession, i.e., not or any other illegal or prohibited purpose. issued or not authorized to retain. 218 Destroying, altering, or damaging government The $100+ value applies to both government property, or the property of another person, and personal property; othenvise, it is a having a value in excess of $100.00, or Code 329 offense. destroying, altering, damaging life-safety devices (e.g., fire alarm) regardless of financial value. 219 Stealing; theft (including data obtained through Stealing - to take or appropriate the property the unauthorized use of a communications of another without permission or right. device, or through unauthorized access to disks, tapes, or computer printouts or other automated equipment on which data is stored). 220 Demonstrating, practicing, or using martial arts, "Martial' refers to war or warlike; we boxing (except for use of a punching bag), prohibit all but punching a bag because this wrestling, or other forms of physical encounter, conduct may be mistakenly perceived as or military exercises or drill (except for drill fighting or may precipitate disruption or a authorized by staff). disturbance. It also encourages militant group behavior which is inconsistent with security. 221 Being in an unauthorized area with a person of An area may be 'unauthorized'because of a the opposite sex without staff permission. written rule, an oral order or direction by staff, or because of circumstances. The 'person of the opposite sex' refers to inmates or visitors, not staff. A prohibited act described to cover a situation where two inmates of opposite sex at co-correctional institution are discovered in an inappropriate area, but before there is any evidence of sexual intent or content. EFTA00039287 Code Offense Elements 224 Assaulting any person (a charge at this level is Sec Code 101. Assault is an attempt or used when less serious physical injury or contact threat to do violence to another and includes has been attempted or accomplished by an battery or the unconsented touching of inmate). another. 225 Stalking another person through repeated A documented pattern of repeated behavior behavior which harasses, alarms, or annoys the which harasses, alarms, or annoys a person person, after having been previously warned to after being ordered or previously warned to stop such conduct. cease such conduct. 226 Possession of stolen property. To have in ones possession, control, or domain any stolen item(s). 227 Refusing to participate in a required physical test Voluntary or intentional decision not to take or required examination unrelated to testing for part in a required physical test or drug abuse (e.g., DNA, HIV, tuberculosis). examination unrelated to drug abuse or alcohol testing. 228 Tattooing or self-mutilation. To put indelible patterns on the skin; to injure, disfigure or make imperfect by removing or irreparably damaging parts of the body (wrist cutting falls within this offense). 229 Sexual assault of any person, involving non- Sexual assault includes the unconsented consensual touching without force or threat of intimate or non-sexual physical contact with force. another person which does not include a threat of physical violence. 23I Requesting, demanding, pressuring, or otherwise Requesting, demanding, pressuring, or intentionally creating a situation, which causes otherwise intentionally creating a situation, an inmate to produce, display his/her own court which causes an inmate to produce or documents for any unauthorized purpose to display his/her own court documents for any another inmate. unauthorized purpose to another inmate. 296 Use of the mail for abuses other than criminal Use of the mail in violation of the policy on activity which circumvent mail monitoring mail regulations which circumvents mail procedures (e.g. use of the mail to commit or monitoring procedures. further a High category prohibited act, special mail abuse, writing letters in code; directing others to send, sending, or receiving a letter or mail through unauthorized means; sending mail for other inmates without authorization; sending correspondence to a specific address with directions or intent to have the correspondence sent to an unauthorized person. EFTA00039288 Code Offense 297 Use of the telephone for abuses other than Using the telephone in violation of the criminal activity which circumvent the ability of policy on telephone regulations which staff to monitor frequency of telephone use, circumvents telephone monitoring content of the call, or the number called; or to procedures. commit or further a High category prohibited act. 298 Interfering with a staff member in the See Code 198. performance of duties, most like another High severity prohibited act. This charge is to be used only when another charge of High severity is not accurate. The offending conduct must be charged as "most like one of the listed High severity prohibited acts. 299 Conduct which disrupts or interferes with the See Code 199. security or orderly running of the institution or the Bureau of Prisons most like another High Severity prohibited act This charge is to be used only when another charge of High severity is not accurate. The offending conduct must be charged as most like* one of the listed High severity prohibited acts. EFTA00039289 Code Offense Elements 300 Indecent Exposure. Indecent means offending against recognized standards of propriety; exposure means to display; non-accidental display of genitals. 302 Misuse of authorized medication. To use authorized/prescribed medication in a manner contrary to instructions. 303 Possession of money or currency, unless Possess - to have on ones person or under specifically authorized, or in excess of the one's control. amount authorized. 304 Loaning of property or anything of value for To grant temporary use for the purpose of profit or increased return. gaining money or an advantage. 305 Possession of anything not authorized for To possess means to have on ones person or retention or receipt by the inmate, and not issued under one: dominion or control; although to him through regular channels. notice of what constitutes contraband generally is presumed, look to policies, rules, procedures and law to establish where reasonably questioned. 306 Refusing to work or accept a program Declining or expressing a determination not assignment. to perform assigned tasks; also, includes program assignments like general population and educational classes. 307 Refusing to obey an order of any staff member Declining or expressing a determination not (may be categorized and charged in terms of to follow commands (instructions and greater severity, according to the nature of the restrictions) of a BOP employee and others order being disobeyed, e.g., failure to obey an placed in a position of authority by a BOP order which furthers a riot would be charged as employee. Code 201, ( Fighting; refusing to provide a urine sample when ordered would be charged as 110). 308 Violating a condition of furlough. To break or fail to follow rules listed on the furlough form. 309 Violating a condition of a community program. Failure to follow established rules other than those set forth on furlough papers; usually CCC's. 310 Unexcused absence from work or any program Not at an assigned placed at a certain time. assignment. 311 Failing to perform work as instructed by the Similar to 319; use when specific orders of supervisor. the work supervisor are violated. 312 Insolence towards a staff member. Contemptuously rude or impertinent in behavior or speech toward a staff member. 313 Lying or providing a false statement to a staff Self-explanatory offense; must disrupt member. security, order or discipline. EFTA00039290 Code Offense Elements 314 Counterfeiting, forging or unauthorized Self-explanatory offense as described. reproduction of any document, article of identification, money, security, or official paper (may be categorized in terms of greater severity according to the nature of the item being reproduced; (e.g.., counterfeiting release papers to affect escape, Code 102). 315 Participating in an unauthorized meeting or To take part in meeting or gathering of gathering. inmates without staff permission. 316 Being in an unauthorized area without staff Located in a place that an inmate is authorization. forbidden to be in because of orders, policies or established procedures. 317 Failure to follow safety or sanitation regulations Nonperformance of established rules (including safety regulations, chemical concerning safety and sanitation. instructions, tools, MSDS sheets, OSHA standards). 318 Using any equipment or machinery without staff Self-explanatory offense as described. authorization. 319 Using any equipment or machinery contrary to Similar to 317; specifically covers use of instructions or posted safety standards. equipment or machinery. 320 Failing to stand count. Absent during count or failing to stand up during count. 321 Interfering with the taking of count. Any action which hampers or inhibits staff from taking a count other than those actions listed in Code 320. 324 Gambling. To play any game of chance for stakes. 325 Preparing or conducting a gambling pool. See Code 324; to be used where evidence establishes the inmate is responsible for setting up or running the game of chance. 326 Possession of gambling paraphernalia. See Code 324; where evidence only shows possession of gambling items, but not used in a game. 327 Unauthorized contacts with the public. Self-explanatory offense: to be used where an inmate needs permission to contact someone outside the institution. 328 Giving money or anything of value to or Self-explanatory offense as described. See accepting money or anything of value from also Code 217 where evidence shows the another inmate, or any other person without staff purpose of giving is for introducing authorization. contraband or other illegal purpose. EFTA00039291 Code Offense Elements 329 Destroying, Altering, or Damaging Government Self-explanatory offense; see Code 218 for Property, or the Property of Another Person, higher severity offense for value more than Having a Value of $100 or Less. 5100. 330 Being Unsanitary or Untidy; Failing to Keep Self-explanatory offense: used where living One's Person and One's Quarters in Accordance area is unclean or not maintained in an with Posted Standards. acceptably clean and tidy manner. 331 Possession, Manufacture, or Introduction of a Self-explanatory offense; see Code 104 for nonhazardous tool or other Non-Hazardous description of possession, manufacture or Contraband (tool not likely to be used in an introduction. See also Code 108 for greater escape attempt or to serve as a weapon capable severity offense. of doing serious bodily harm to others, or not hazardous to institutional security or personal safety; other nonhazardous contraband includes such items as food or cosmetics). 332 Smoking where prohibited. Smoking in an area that is designated by policy to be a non- smoking area. 333 Fraudulent or deceptive completion of a skills Self-explanatory offense; used when test (e.g., cheating on a GED, or other education cheating on an educational or vocational or vocational skills test). test. 334 Conducting a business; conducting or directing To direct, engage, carry on an occupation, an investment transaction without staff profession, or trade. Occupation means the authorization. person's usual or principal work. A profession usually refers to an occupation which requires extensive education. Trade refers to buying, selling, or exchanging commodities or other items. 335 Communicating gang affiliation; participating in Used when an inmate is wearing clothing, gang related activities; possession of items, etc. to show gang affiliation, making paraphernalia indicating gang affiliation. hand signals, etc. Use other higher and greater severity codes when behavior involves fighting, assaults, and group demonstrations. 336 Circulating a petition. Circulating a petition to protest conditions or to effect a change of some sort. 396 Use of the mail for abuses other than criminal Use of the mail in violation of policy which activity which do not circumvent mail does not circumvent mail monitoring monitoring; or use of the mail to commit or procedures. further a Moderate category prohibited act. 397 Use of telephone for abuses other than illegal Use of the telephone in violation of policy activity which do not circumvent the ability of which does not circumvent telephone staff to monitor frequency of telephone use, monitoring procedures. content of the call, or the number called; or to commit or further a Moderate category prohibited act. EFTA00039292 Code 398 Interfering with a Staff Member in the MET See Code 198. Performance of Duties, Most Like Conduct must be of the Moderate severity nature. This charge is to be used only when another charge of moderate severity is not applicable. 399 Conduct which Disrupts or Interferes with the See Code 199. Security or Orderly Running of the Institution or the Bureau of Prisons, Most Like Conduct must be of the Moderate severity nature. This charge is to be used only when another charge of moderate severity is not applicable. EFTA00039293 Code Offense Elements 402 Malingering, Feigning Illness. Malingering means to feign illness. 404 Using Abusive or Obscene Language. Using coarsely insulting, indecent or lewd language. 407 Conduct with a Visitor in Violation of Bureau Inappropriate actions with a visitor after Regulations. notice of written rule (would include excessive sexual contact short of engaging in a sex act, Code 205). 409 Unauthorized Physical Contact. Unacceptable physical contact, usually with another inmate; see also Code 205, Engaging in Sexual Acts, and Code 407 for visitor related activities. 498 Interfering with a Staff Member in the See Code 198. Performance of Duties, Most Like Conduct must be of the Low Moderate severity nature. This charge is to be used only when another charge of low moderate severity is not applicable. 499 Conduct which Disrupts or Interferes with the See Code 199. Security or Orderly Running of the Institution or the Bureau of Prisons, Most Like Conduct must be of the Moderate severity nature. This charge is to be used only when another charge of moderate severity is not applicable. EFTA00039294