**ICE/DRO DETENTION STANDARD**

DISCIPLINARY SYSTEM

# PURPOSE AND SCOPE. This Detention Standard promotes a safe and orderly living environment for detainees by establishing a fair and equitable disciplinary system, requiring detainees to comply with facility rules and regulations, and imposing disciplinary sanctions to those who do not comply.

It applies to the following types of facilities housing ICE/DRO
detainees:

-   Service Processing Centers (SPCs);

-   Contract Detention Facilities (CDFs); and

-   State or local government facilities used by DRO through
    Intergovernmental Service Agreements (IGSAs) to hold detainees for
    more than 72 hours.

***Procedures in italics are specifically required for SPCs and
CDFs***.  IGSAs must conform to these procedures or adopt, adapt or
establish alternatives, provided they meet or exceed the intent
represented by these procedures.

Some terms used in this document may be defined in the separate
**Definitions** Standard.

# EXPECTED OUTCOMES. The expected outcomes of this Detention Standard are:

1.  Detainees will be informed of facility rules and regulations,
    prohibited acts, disciplinary sanctions that may be imposed, their
    rights in the disciplinary system and the procedure for appealing
    disciplinary findings.

2.  Each facility will have graduated severity scales of prohibited acts
    and disciplinary consequences.

    3\. Where permitted by facility policy, staff will informally settle
    minor transgressions by mutual consent, whenever possible.

    4\. Staff who witness a prohibited act that cannot or should not be
    resolved informally, or have reason to suspect that a detainee has
    engaged in a prohibited act, will prepare a clear, concise, and
    complete Incident Report.

    5\. Each Incident Report will be objectively and impartially
    investigated and reported, ordinarily by a person of supervisory
    rank.

    6\. When appropriate, a serious incident that may constitute a
    criminal act will be referred to the proper investigative agency,
    and the administrative investigation will be suspended, pending the
    outcome of that referral.

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7.  At each step of the disciplinary and appeal process, the detainee
    will be advised of his or her rights in a language he or she
    understands, and translation or interpretation services will be
    provided as needed.

    8\. A Unit Disciplinary Committee (UDC) will further investigate and
    adjudicate the incident and may impose minor sanctions or refer the
    matter to a higher level disciplinary panel.

    9\. An Institution Disciplinary Panel (IDP) will conduct formal
    hearings on Incident Reports referred from UDCs and may impose
    higher level sanctions for "Greatest" and "High" level prohibited
    acts.

    10\. Detainees before the IDP will be afforded a staff
    representative, upon request, or automatically if the detainee is
    illiterate, has limited English language skills or otherwise needs
    special assistance.

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11. Actions of the IDP will be reviewed by the facility administrator,
    who may concur with the findings and sanctions or modify them.

12. At all steps in the disciplinary process, any sanctions imposed will
    be commensurate with the severity of the committed prohibited act
    and intended to encourage the detainee to conform with rules and
    regulations in the future.

13. All steps of the disciplinary process will be done within the
    required time limits.

14. At all steps of the disciplinary process, accurate and complete
    records will be maintained. The detainee will receive copies of all
    reports, exhibits, and other documents considered or generated in
    the hearing process, except insofar as the disclosure of such
    documents may pose an imminent threat to the safety and security of
    the facility staff or other detainees, or if the document or other
    evidence is otherwise protected from disclosure.

15. If a detainee is found not guilty at any stage of the disciplinary
    process, the incident records will not be placed or retained in the
    detainee's file, even if they are retained elsewhere for statistical
    or historical purposes.

16. Detainees will be able to appeal disciplinary decisions through a
    formal grievance system. No detainee will be harassed, disciplined,
    punished or otherwise retaliated against for filing a complaint or
    grievance.

17. Detainees shall be afforded the following rights: the right to
    protection from abuse, the right to freedom from discrimination, the
    right to pursue a grievance, the right to correspond with persons or
    organizations and the right to due process.

18. The applicable content and procedures in this standard will be
    communicated to the detainee in a language or manner which the
    detainee can understand.

# DIRECTIVES AFFECTED. This Detention Standard replaces Disciplinary Policy dated 9/20/2000.

# REFERENCES

> American Correctional Association 4th Edition Standards for Adult
> Local Detention Facilities: 4-ALDF-3A-01, 3A-02, 6B-05, 6C-01 through
> 6C-19.

# EXPECTED PRACTICES

## Guidelines

> 1\. Detainees will receive translation or interpretation services
> throughout the investigative, disciplinary, and appeal process,
> including accommodation for the hearing impaired.
>
> 2\. Each facility holding ICE/DRO detainees in custody shall have a
> detainee disciplinary system with progressive levels of reviews,
> appeals, procedures, and documentation procedures. Written
> disciplinary policy and procedures shall clearly define detainee
> rights and responsibilities. The policy, procedures and rules shall be
> reviewed at least annually.
>
> 3\. Disciplinary action may not be capricious or retaliatory nor based
> on race, religion, national origin, sex, sexual orientation,
> disability, or political beliefs.
>
> 4\. Staff may not impose or allow imposition of the following
> sanctions: corporal punishment; deprivation of food services to
> include use of Nutraloaf or "food loaf"; deprivation of clothing,
> bedding, or items of personal hygiene; deprivation of correspondence
> privileges; deprivation of legal access and legal materials; or
> deprivation of physical exercise unless such activity creates a
> documented unsafe condition.
>
> 5\. The facility shall not hold a detainee accountable for his or her
> conduct if a medical authority finds him or her mentally incompetent.
> For purposes of these standards, a mentally incompetent individual is
> defined as an individual who is unable to appreciate the difference
> between appropriate and inappropriate behavior, or between "right" and
> "wrong." Such an individual is not capable of acting in accordance
> with those norms and therefore, cannot be held responsible for his or
> her "wrongful" actions.
>
> Also, a person who cannot assist in his or her own defense because he
> or she lacks the ability to understand the nature of the disciplinary
> proceedings shall be considered incompetent. Disciplinary proceedings
> against such a detainee shall be postponed until such time as the
> detainee is able to understand the nature of the disciplinary
> proceedings and to assist in his or her own defense. If the detainee's
> mental status does not improve within a reasonable amount of time, the
> officer must find the detainee incompetent to assist in his or her own
> defense and note such finding on the Incident Report.

## Notice to Detainees

> The Detainee Handbook, or supplement, issued to each detainee upon
> admittance, shall provide notice of the facility's rules of conduct
> and prohibited acts, the sanctions imposed for violations of the
> rules, the disciplinary severity scale, the disciplinary process and
> the procedure for appealing disciplinary findings. Detainees shall
> have the following rights and shall receive notice of them in the
> Handbook:

-   The right to protection from personal abuse, corporal punishment,
    unnecessary or excessive use of force, personal injury, disease,
    property damage, and harassment;

-   The right of freedom from discrimination based on race, religion,
    national origin, sex, sexual orientation, handicap, or political
    beliefs;

-   The right to pursue a grievance in accordance with procedures
    provided in the Handbook without fear of retaliation;

-   The right to pursue a grievance in accordance with the Grievance
    System Detention Standard and procedures provided in the handbook.

-   The right to correspond with persons or organizations, consistent
    with safety, security, and the orderly operation of the facility;
    and

-   The right to due process, including the prompt resolution of a
    disciplinary matter.

> Copies of the rules of conduct, rights, and disciplinary sanctions
> shall be provided to all detainees and posted in English, Spanish,
> and/or other languages spoken by significant numbers of detainees, as
> follows:

1.  Disciplinary Severity Scale

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3.  Prohibited Acts

4.  Sanctions

## Disciplinary Severity Scale and Prohibited Acts

> All facilities shall have graduated scales of offenses and
> disciplinary consequences as provided in this section.
>
> *SPCs and CDFs shall adopt, without alteration, the offense categories
> and disciplinary sanctions set forth in this section.*
>
> *Prohibited acts are divided into four categories: Greatest, High,
> Moderate, and Low Moderate. The sanctions authorized for each category
> shall be imposed only if the detainee is found to have committed a
> prohibited act. (See Attachment A \-- Prohibited Acts and Sanctions.)*
>
> ***Greatest offenses:** The IDP shall impose and execute at least one
> sanction in the A through E range. Additional sanctions (A through G)
> may be imposed and either executed or suspended, at the discretion of
> the panel. The IDP may impose and execute sanctions F and G only in
> conjunction with sanction A, B, C, D, and/or E.*
>
> ***High offenses:** The IDP shall impose and execute at least one
> sanction in the A through M range. Additional sanctions (A through M)
> may be imposed or may be suspended at the discretion of the panel.*
>
> ***High Moderate offenses:** The IDP shall impose at least one
> sanction in the A through M range, but may suspend any or all, once
> imposed. Similarly, the UDC shall impose at least one sanction in the
> G through M range, but may suspend any or all, once imposed.*
>
> ***Low Moderate offenses:** The IDP shall impose at least one sanction
> in the E through M range, but may suspend any or all, once imposed.
> Similarly, the UDC shall impose at least one sanction in the G through
> M range, but may suspend any or all, once imposed.*

## Incident Reports

Officers who witness a prohibited act or have reason to suspect one has
been committed shall prepare and submit an Incident Report. All Incident
Reports must state the facts clearly, precisely, and concisely, omitting
no details that could prove significant. Reports also shall identify the
officer(s), the detainee(s), and all witnesses to the incident.

ICE/DRO pre-approval is required for use of ICE Incident Report forms in
CDFs and IGSA facilities.

*In SPCs and CDFs, minor transgressions shall be settled informally and
by mutual consent whenever possible. If, however, the officer involved
thinks an informal resolution is inappropriate or unattainable, he or
she shall prepare an Incident Report and Notice of Charges and submit it
to the appropriate supervisor before the end of the assigned shift.*

*The Incident Report shall cite the relevant rule or standard without
quoting it in its entirety. (For example, for destruction of government
property, the report would cite, briefly, "Code 218−Destroying
Government Property and specify the exact manner in which the detainee
is alleged to have violated the cited rule or standard including all
relevant facts as to time, dates, and places.")*

*If the officer observes anything unusual in the detainee\'s behavior or
demeanor, he or she shall so note in the report. The reporting officer
shall also list all staff, contract officers or detainee witnesses to
the incident, and the disposition of any physical evidence (weapons,
property, etc.) relating to the incident. The reporting officer shall
sign the report and include title, date and time the report was signed.
The shift supervisor shall review all Incident Reports before going off
duty.*

## Investigations

> IGSAs shall have procedures in place to ensure that all Incident
> Reports are investigated within 24 hours of the incident.
>
> The investigating officer shall have supervisory rank or higher
> (unless prevented by personnel shortages) and shall have had no prior
> involvement in the incident, either as witness or officer at the
> scene. If an officer below supervisory rank conducts the
> investigation, the shift supervisor shall review his or her report(s)
> for accuracy and completeness and sign them.
>
> *In SPCs and CDFs, the officer designated to investigate the incident
> is responsible for completing the necessary interviews, collecting
> evidence, and submitting written reports.*
>
> *The investigating officer shall:*

1.  *Commence the investigation within 24 hours of receipt of the
    Incident Report.*

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5.  *Advise the detainee of the right to remain silent at every stage of
    the disciplinary process and ensure he or she has a complete listing
    of detainee rights.*

6.  *Provide the detainee a copy of the Incident Report and notice of
    charges at least 24 hours before the start of any disciplinary
    proceedings.*

7.  *Terminate the administrative investigation, if the incident is
    under investigation on different grounds (that is, the prohibited
    act is under criminal investigation), unless and until the agency
    with primary jurisdiction concludes its investigation or indicates
    it will not pursue the matter.*

    *Contraband that may be evidence in connection with a violation of a
    criminal statute shall be preserved, inventoried, controlled, and
    stored so as to maintain and document the chain of custody. The
    documentation shall be reported to the appropriate law enforcement
    authority for action and possible seizure and prosecution. See
    **Preservation of Evidence** in the Detention Standard on **Searches
    of Detainees**.*

8.  *Advise the detainee of his or her right, if applicable, to an
    initial hearing before the Unit Disciplinary Committee (UDC) within
    24 hours of his or her notification of charges.*

9.  *Record personal observances and other potentially material
    information.*

10. *Prepare a factual report of the investigation, including the
    location or disposition of any physical evidence.*

11. *Forward to the UDC all reports relevant to the disciplinary hearing
    -- but do **not** provide a copy to the detainee at this stage of
    the disciplinary process, except for a copy of the Incident Report
    as instructed in #4 above.*

## Unit Disciplinary Committee (UDC)

> All facilities shall establish an intermediate level of
> investigation/adjudication process to adjudicate low or moderate
> infractions. They shall also ensure that the detainee is afforded all
> the UDC rights listed below.
>
> The UDC administering unit discipline shall be comprised of one to
> three members, at least one of whom is a supervisor.
>
> The UDC shall not include the reporting officer, the investigating
> officer, or an officer who witnessed or was directly involved in the
> incident. Only in the unlikely event that practically every available
> officer witnessed or was directly involved in the incident may an
> exception occur.
>
> The UDC shall conduct hearings and, to the best extent possible,
> informally resolve cases involving High Moderate or Low Moderate
> charges in accordance with the list of charges and related sanctions
> noted as Attachment A of this Standard. Unresolved cases and cases
> involving serious charges are forwarded to the Institution
> Disciplinary Panel*.*
>
> **The UDC shall have authority to:**

1.  Conduct hearings and resolve incidents involving High Moderate or
    Low Moderate charges.

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12. Consider written reports, statements, and physical evidence.

13. Hear pleadings on the part of the detainee.

14. Make findings that a detainee did or did not commit the rule
    violation(s) or prohibited act(s) as charged, based on the
    preponderance of evidence.

15. Impose minor sanctions \"E\" through \"M\" in accordance with the
    table of prohibited acts and associated sanctions later in this
    document.

> **The detainee in UDC proceedings shall have the right to:**

1.  Remain silent at any stage of the disciplinary process.

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16. Due process, which includes:

-   Attending the entire hearing (excluding committee deliberations);

-   Waiving the right to appear; or

-   Having a UDC hearing within 24 hours after the conclusion of the
    investigation.

> If security considerations prevent detainee attendance, the committee
> must document the security considerations and, to the extent possible,
> facilitate the detainee's participation in the process via telephonic
> testimony, the submission of documents, written statements, or
> questions to be asked of witnesses.

17. Present statements and evidence, including witness testimony on his
    or her own behalf.

18. Appeal the committee\'s determination through the detainee grievance
    process.

> **The UDC shall:**

1.  Advise the detainee of his or her rights at the hearing.

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19. Refer to the IDP any incident involving a serious violation
    associated with an A-through-D-range sanction. This includes code
    violations in the "Greatest" and "High" categories (100s and 200s).

20. Serve the detainee with:

-   A copy of the UDC decision which must contain the reason for the
    disposition and sanctions imposed; or

-   Written notification of charges and hearing before the IDP.

21. If the detainee\'s case is being referred to the IDP, advise the
    detainee, in writing, of

-   The right to call witnesses and present evidence before the IDP; and

-   The right to a staff representative before the IDP.

## Staff Representation

> *In SPCs and CDFs, the facility administrator shall, upon the
> detainee\'s request, assign a staff representative to help prepare a
> defense. This help shall be automatically provided for detainees who
> are illiterate, have limited English-language skills, are without
> means of collecting and presenting essential evidence, or are in
> administrative or disciplinary segregation.*

1.  *A staff representative must be a full-time employee.*

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22. *Because of the potential conflict of interest, the facility
    administrator, members of the IDP and of the UDC initially involved
    in the case, eyewitnesses, the reporting and investigating officers,
    and anyone else with a stake in the outcome shall not act as staff
    representative.*

23. *The detainee may select his or her staff representative, barring
    those identified in #2 above.*

24. *The IDP shall arrange for the presence of the staff representative
    selected by the detainee. If that staff member declines or is
    unavailable, the detainee may:*

-   *Select a different representative;*

-   *Wait for the unavailable staff member to become available (within a
    reasonable period); or,*

-   *Proceed without a staff representative.*

25. *A staff member who declines to serve must state the reason on the
    staff representative form.*

26. *If several staff decline, the facility administrator shall assign
    one.*

27. *The staff representative shall be free to speak to witnesses and to
    present evidence on the detainee\'s behalf, including any mitigating
    circumstances. The staff representative must act in good faith on
    behalf of the charged detainee, and interview witnesses and obtain
    documentary evidence as is requested by the detainee or is otherwise
    reasonably seen as relevant to the defense of the charges or in
    mitigation of the charges.*

28. *The IDP shall allow the staff representative enough time to speak
    with the detainee and interview witnesses prior to the commencement
    of the proceeding. The IDP may grant a request for extension of time
    if required for an adequate defense.*

29. *The IDP shall establish the reliability of information provided by
    a confidential source before considering it in the disciplinary
    proceedings.*

30. *The IDP may withhold the confidential source\'s identity from the
    staff representative. While the staff representative may challenge
    the substance of any confidential information the IDP discloses, he
    or she may not question its reliability (which is pre-established by
    the IDP).*

31. *When the detainee cannot effectively present his or her own case,
    the facility administrator shall appoint a staff representative,
    even if not requested by the detainee.*

## Institution Disciplinary Panel

> All facilities that house ICE/DRO detainees shall have a disciplinary
> panel to adjudicate detainee Incident Reports. Only the disciplinary
> panel may place a detainee in disciplinary segregation.
>
> The term "Institution Disciplinary Panel" or "IDP" refers either to a
> **three-person panel** appointed by the facility administrator, or a
> **one-person disciplinary hearing officer**, depending on the practice
> at the facility.
>
> The panel may not include the reporting officer, the investigating
> officer, any member of the referring UDC, or anyone who witnessed or
> was directly involved in the incident. Exceptions may occur only if
> the number of officers required for the panel cannot be filled due
> their direct involvement in the incident. **The IDP shall have
> authority to:**

1.  Conduct hearings on all charges and allegations referred by the UDC.

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32. Call witnesses to testify.

33. Consider written reports, statements, physical evidence, and oral
    testimony.

34. Hear pleadings by detainee and staff representative.

35. Make findings that the detainee did or did not commit the rule
    violation(s) or prohibited act(s) as charged, based on the
    preponderance of evidence.

36. Impose sanctions as listed and authorized in each category.

> **The detainee in IDP proceedings shall have the right to:**

### 1. Remain silent at any stage of the disciplinary process. {#remain-silent-at-any-stage-of-the-disciplinary-process. .unnumbered}

### 2. Due process, which includes: {#due-process-which-includes .unnumbered}

-   Attending the entire hearing (excluding committee deliberations);

-   Waiving the right to appear; or

-   Having an IDP hearing within 24 hours after the conclusion of the
    investigation.

> If security considerations prevent the detainee's attendance, the
> committee must document the security considerations and, to the extent
> possible, facilitate the detainee's participation in the process by
> telephonic testimony, the submission of documents, written statements
> or questions to be asked of witnesses.

### 3. Present statements and evidence, including witness testimony, on his or her behalf. {#present-statements-and-evidence-including-witness-testimony-on-his-or-her-behalf. .unnumbered}

> 4\. Appeal the committee's determination through the detainee
> grievance process.
>
> **The IDP shall:**

1.  Verify that the detainee has been advised of and afforded his or her
    rights, as provided above.

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37. Remind the detainee of his or her right to a staff representative,
    and provide one if requested.

38. Advise the detainee of his or her right to waive the hearing and
    admit having committed the offense.

39. Conduct the hearing on the first business day after receiving the
    UDC referral, unless the detainee waives the 24-hour notification
    provision and requests an immediate hearing. In cases where a
    hearing is delayed, the reason(s) must be documented (for example, a
    continuing investigation of facts, unavailability of one or more
    essential witnesses, etc.) and approved by the facility
    administrator. If the detainee is being held in segregation, the
    delay shall not exceed 72 hours, barring an emergency.

40. Prepare a written record of any hearing. This record must show that
    the detainee was advised of his or her rights. It must also document
    the evidence considered by the Panel and subsequent findings and the
    decision and sanctions imposed, along with a brief explanation.

41. Forward the entire record to the facility administrator, who may (a)
    concur; (b) terminate the proceedings; or (c) impose more severe or
    more lenient sanctions.

42. Serve the detainee with written notification of the decision, which
    must contain the reason for the decision.

## Confidential Information

> When a decision relies on information from a confidential source, the
> UDC or IDP shall disclose as much of the confidential information as
> may be disclosed without jeopardizing the safety and security of
> facility staff and other persons, and shall include in the hearing
> record the factual basis for finding the information reliable.

## Postponement of Disciplinary Proceedings

All facilities shall permit hearing postponements or continuances under
certain circumstances.

> *In SPCs and CDFs, circumstances justifying the postponement or
> continuance of a hearing might include: defense preparation, physical
> or mental illness, security, escape**,** disciplinary transfer,
> deportation, or pending criminal prosecution.*

*An uncooperative detainee may also cause a delay in the proceedings,
either because of inappropriate behavior during the hearing process or a
refusal to participate in a productive manner*.

## Duration of Sanctions

> The duration of sanctions shall be within established limits. Neither
> the panel recommending sanctions nor the *facility administrator*
> making the final decision shall impose sanctions arbitrarily, beyond
> these limits.

1.  Sanctions range from the withholding of privilege(s) to segregation.
    Time in segregation or the withholding of privileges after a hearing
    shall generally not exceed 60 days per violation.

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43. Time served in segregation pending the outcome of the proceedings
    may be credited to the number of days to be spent in the segregation
    unit after an adverse decision is announced.

44. The disciplinary report and accompanying documents are not placed in
    the file of a detainee who is found not guilty. The facility,
    however, may retain the material in its own files for Institution
    statistical or historical purposes.

45. A detainee may be removed from segregation if a health care
    professional concludes that continued segregation is detrimental to
    the detainee's medical or mental health.

## Documents

> All documents relevant to the incident, subsequent investigation and
> hearing(s), shall be completed and distributed in accordance with
> facility procedures.
>
> *In SPCs and CDFs, documents shall be prepared and distributed as
> follows:*
>
> ***Incident Report/Notice of Charges***
>
> *The officer shall prepare an Incident Report and submit it to the
> ICE/DRO or CDF supervisor immediately after the incident takes place.
> If the incident is resolved informally, the officer shall so note on
> the original report, which shall then be forwarded to the chief of
> security.*
>
> *If the UDC is to be involved, the supervisor shall serve the detainee
> with a copy of the Notice of Charges upon completion of the
> investigation, no less than 24 hours before the UDC hearing.*
>
> *The UDC receives the original copy.*
>
> *If the UDC hears the matter, the ranking member of that committee
> shall serve the detainee with a copy of the Incident Report/Notice of
> Charges indicating their decision. The UDC, upon conclusion of its
> proceedings, shall forward the entire record to either the chief of
> security or the IDP, as appropriate.*
>
> ***Investigation Report***
>
> *Original − submitted to the UDC.*
>
> *Detainee does not receive a copy*
>
> ***UDC Report of Findings and Action***
>
> *Original − served on the detainee after the committee issues its
> findings*
>
> *Copy − to the detainee detention file (guilty finding only)*
>
> ***Notice of IDP Hearing***
>
> *Original − served on detainee*
>
> *Copy − detainee detention file*
>
> ***Detainee Rights at IDP Hearing***
>
> *Original − served on detainee*
>
> *Copy − facility detention file*
>
> ***IDP Report***
>
> *Original − detainee detention file*
>
> *Copy − detainee*

**Standard Approved:**

**James T. Hayes, Jr. /s/ 12/5/2008**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**James T. Hayes, Jr. Date**

**Director**

**Office of Detention and Removal Operations**

**\"GREATEST\" OFFENSE CATEGORY**

**[PROHIBITED ACTS]{.underline}**

100 Killing

101 Assaulting any person (includes sexual assault)

102 Escape from escort; escape from a secure facility

103 Setting a fire (charged with this act in this category only when
found to pose a threat to life or a threat of serious bodily harm or in
furtherance of a prohibited act of greatest severity, e.g., a riot or an
escape; otherwise the charge is classified as Code 218 or 321).

104 Possession or introduction of a gun, firearm, weapon, sharpened
instrument, knife, dangerous chemical, explosive, escape tool, device,
or ammunition

105 Rioting

106 Inciting others to riot

107 Hostage-taking

108 Assaulting a staff member or any law enforcement officer

109 Threatening a staff member or any law enforcement office with bodily
harm

\*198 Interfering with a staff member in the performance of duties
(conduct must be of the greatest severity). This charge is to be used
only if another charge of greatest severity is not applicable.

\*199 Conduct that disrupts or interferes with the security or orderly
running of the facility (conduct must be of the greatest severity). This
charge is to be used only if another charge of greatest severity is not
applicable.

**["GREATEST" OFFENSE CATEGORY SANCTIONS]{.underline}**

A. Initiate criminal proceedings

B. Disciplinary transfer (recommend)

C. Disciplinary Segregation (up to 60 days)

D. Make monetary restitution, if funds are available

E. Loss of privileges, e.g., commissary, vending machines, movies,
recreation, etc

**\"HIGH\" OFFENSE CATEGORY**

**[PROHIBITED ACTS]{.underline}**

200 Escape from unescorted activities open or secure facility,
proceedings without violence

201 Fighting, boxing, wrestling, sparring, and any other form of
physical encounter, including horseplay, that causes or could cause
injury to another person; except when part of an approved recreational
or athletic activity

202 Possession or introduction of an unauthorized tool

203 Loss, misplacement, or damage of any restricted tool

204 Threatening another with bodily harm

205 Extortion, blackmail, protection, demanding or receiving money or
anything of value in return for protection against others, avoiding
bodily harm, or avoiding a threat of being informed against

206 Engaging in sexual acts

207 Making sexual proposals or threats

208 Wearing a disguise or mask

209 Tampering with or blocking any lock device

210 Adulteration of food or drink

211 Possession, introduction, or use of narcotics, narcotic
paraphernalia, or drugs not prescribed for the individual by the medical
staff

212 Possessing an officer\'s or staff member's clothing

213 Engaging in or inciting a group demonstration

214 Encouraging others to participate in a work stoppage or to refuse to
work

215 Refusing to provide a urine sample or otherwise cooperate in a drug
test

216 Introducing alcohol into the facility

217 Giving or offering an official or staff member a bribe or anything
of value

218 Giving money to, or receiving money from, any person for an illegal
or prohibited purpose, such as introducing/conveying contraband

219 Destroying, altering, or damaging property (government or another
person's) worth more than \$100

220 Being found guilty of any combination of three or more high moderate
or low moderate offenses within 90 days

221 Signing, preparing, circulating, or soliciting support for
prohibited group petitions

222 Possessing or introducing an incendiary device, e.g., matches, a
lighter, etc.

223 Any act that could endanger person(s) and/or property

\*298 Interfering with a staff member in the performance of duties
(conduct must be of highest severity). This charge is to be used only
when no other charge of highest severity is applicable.

\*299 Conduct that disrupts or interferes with the security or orderly
operation of the facility (conduct must be of highest severity). This
charge is to be used only when no other charge of highest severity is
applicable.

\*When the prohibited act is interfering with a staff member in the
performance of duties (Code 198, 298, 398 or 498) or conduct that
disrupts (Code 199, 299, 399 or 499), the Disciplinary Committee should
specify in its findings the severity-level of the conduct, citing a
comparable offense in that category. For example, \"We find the act of
to be of high severity, most comparable to Code 213, \"engaging in a
group demonstration.\"

**["HIGH" OFFENSE CATEGORY SANCTIONS]{.underline}**

A. Initiate criminal proceedings

B. Disciplinary transfer (recommend)

C. Disciplinary Segregation (up to 30 days)

D. Make monetary restitution, if funds are available

E. Loss of privileges, e.g., commissary, vending machines, movies,
recreation, etc

F. Change housing

G Remove from program and/or group activity

H. Loss of job

I. Impound and store detainee's personal property

J. Confiscate contraband

K. Restrict to housing unit

M. Warning

**"HIGH MODERATE" OFFENSE CATEGORY**

**[PROHIBITED ACTS]{.underline}**

300 Indecent exposure

301 Stealing (theft)

302 Misuse of authorized medication

303 Loss, misplacement, or damage of a less restricted tool.

304 Lending property or other item of value for profit/increased return

305 Possession of item(s) not authorized for receipt or retention; not
issued through regular channels

306 Refusal to clean assigned living area

307 Refusing to obey the order of a staff member or officer's (may be
categorized and charged as a greater or lesser offense, depending on the
kind of disobedience: continuing to riot is Code 105\--Rioting;
continuing to fight Code 201\--Fighting; refusing to provide a urine
sample, Code 215.

308 Insolence toward a staff member

309 Lying or providing false statement to staff

310 Counterfeiting, forging, or other unauthorized reproduction of money
proceedings or other official document or item, e.g. security document,
identification card, etc. (may be categorized as greater or lesser
offense, depending on the nature and purpose of the reproduction, e.g.,
counterfeiting release papers to effect escape\--Code 102 or 200).

311 Participating in an unauthorized meeting or gathering

312 Being in an unauthorized area

313 Failure to stand count

314 Interfering with count

315 Making, possessing, or using intoxicant(s)

316 Refusing a breathalyzer test or other test of alcohol consumption

317 Gambling

318 Preparing or conducting a gambling pool

319 Possession of gambling paraphernalia

320 Unauthorized contact with public

321 Giving money or another item of value to, or accepting money or
another item of value from anyone, including another detainee, without
staff authorization

322 Destroying, altering, or damaging property (government or another
person's) person's) worth more than \$100

\*398 Interfering with a staff member in the performance of duties
(offense must be of high moderate severity). This charge to be used only
when no other charge in this category is applicable.

\*399 Conduct that disrupts or interferes with the security or orderly
running of the facility (offense must be of high moderate severity).
This charge is to be used only when no other charge in this category is
applicable.

NOTE: Any combination of high moderate and low moderate offenses during
a 90-day period shall constitute a high offense.

**["HIGH MODERATE" OFFENSE CATEGORY SANCTIONS]{.underline}**

A. Initiate criminal proceedings

B. Disciplinary transfer (recommend)

C. Disciplinary Segregation (up to 72 hours)

D. Make monetary restitution, if funds are available

E. Loss of privileges, e.g. commissary, vending machines, movies,
recreation, etc

F. Change housing

G Remove from program and/or group activity

H. Loss of job

I. Impound and store detainee's personal property

J. Confiscate contraband

K. Restrict to housing unit

L. Reprimand

M. Warning

**"LOW MODERATE" OFFENSE CATEGORY**

**[PROHIBITED ACTS]{.underline}**

400 Possession of property belonging to another person

401 Possessing unauthorized clothing

402 Malingering, feigning illness

403 Smoking where prohibited

404 Using abusive or obscene language

405 Tattooing, body piercing, or self-mutilation

406 Unauthorized use of mail or telephone (with restriction or temporary
suspension of the abused privileges often the appropriate sanction)

407 Conduct with a visitor in violation of rules and regulations (with
restriction or temporary suspension of visiting privileges often the
appropriate sanction)

408 Conducting a business

409 Possession of money or currency, unless specifically authorized

410 Failure to follow safety or sanitation regulations

411 Unauthorized use of equipment or machinery

412 Using equipment or machinery contrary to posted safety standards

413 Being unsanitary or untidy, failing to keep self and living area in
accordance with posted standards

498 Interfering with a staff member in the performance of duties
(offense must be of low moderate severity). This charge is to be used
only when no other charge in this category is applicable.

\*499 Conduct that disrupts or interferes with the security or orderly
running of the facility (offense must be of low moderate severity). This
charge is to be used only when no other charge in this category is
applicable.

**["LOW MODERATE" OFFENSE CATEGORY SANCTIONS]{.underline}**

E. Loss of privileges, commissary, vending machines, movies, recreation,
etc

F. Change housing

G Remove from program and/or group activity

H. Loss of job

I. Impound and store detainee's personal property

J. Confiscate contraband

K. Restrict to housing unit

L. Reprimand

M. Warning