Code of Massachusetts Regulations › 103 CMR - DEPARTMENT OF CORRECTION › Title 103 CMR 430.00 - Inmate Discipline › Section 430.24 - Code of Offenses

Current through Register 1525, July 5, 2024
Category One
.
1-1 Killing of another.
1-2 Aggravated assault on a staff member, contract employee,
				member of the public, volunteer or animal.
1-3 Aggravated assault of another inmate or parolee.
1-4 Aggravated assault on a visitor.
1-5 Taking or holding any person hostage.
1-6 Escape or attempted escape.
1-7 Possession, manufacture, or introduction of an explosive
				device or any ammunition, or any components of an explosive device or
				ammunition.
1-8 Possession, manufacture, or introduction of any gun,
				firearm, weapon, sharpened instrument, knife or poison of any component
				thereof.
1-9 Sexual assault on a staff member, contract employee, member
				of the public, or volunteer.
1-10 Sexual assault or sexual abuse of another inmate.
1-11 Sexual assault on a visitor.
1-12 Rioting.
1-13 Inciting others to riot or inciting other inmates to
				participate in a major group demonstration within any institution.
1-14 Setting a fire, using or placing a bomb or incendiary
				device.
1-15 Introduction, distribution or transfer of any narcotic,
				controlled substance, illegal drug, unauthorized drug or drug
				paraphernalia.
1-16 Engaging in or inciting an organized work stoppage.
1-17 Fighting with, assaulting or threatening another person,
				due to security threat group activities or gang activities.
1-18 Engaging, encouraging, recruiting or pressuring others to
				engage in security threat group activities.
1-19 Fighting with or assaulting any person in an area
				designated for visiting, while visits are occurring.
1-20 Attempting to commit any of the above offenses, making
				plans to commit any of the above offenses or aiding another person to commit
				any of the above offenses shall be considered the same as the commission of the
				offense itself.
Category Two
.
2-1 Unauthorized possession of items or material likely to be
				used in an escape.
2-2 Causing a valid threat of transmission of a contagious
				disease to any person due to intentional or reckless action.
2-3 Assault on a staff member, contract employee, member of the
				public, volunteer, or animal.
2-4 Assault on another inmate or parolee.
2-5 Assault on a visitor.
2-6 Making a bomb threat, or using a hoax device, or a hoax
				substance.
2-7 Fighting with any person.
2-8 Refusing to submit to urinalysis, breathalyzer, or other
				standard sobriety test or altering or interfering with any such test, or
				failing to provide a urine sample when ordered to do so by a staff member
				without medical or mental health justification.
2-9 Refusing or failing to submit to testing required by
				statute, or order, such as DNA blood tests, when ordered to do so by a staff
				member.
2-10 Engaging in or inciting a group demonstration inside the
				correctional institution or a hunger strike inside the correctional
				institution.
2-11 Unauthorized use or possession of drugs, narcotics,
				illegal drugs, unauthorized drugs or drug paraphernalia.
2-12 Possession, manufacture or introduction of unauthorized
				keys.
2-13 Indecent exposure, or masturbating in the view of another
				person.
2-14 Receiving test results indicating the presence of
				unauthorized drugs, alcohol or other intoxicants.
2-15 Interfering with staff members, medical personnel,
				firefighters, or law enforcement personnel in the performance of their duties
				during an emergency.
2-16 Tampering with, damaging, blocking or interfering with any
				locking or security device or window.
2-17 Impersonating any staff member, contract employee,
				volunteer or visitor.
2-18 Causing an inaccurate count by means of unauthorized
				absence, hiding, concealing oneself or other form of deception or
				distraction.
2-19 Possessing, making, introducing or transferring
				intoxicants and alcohol, or possession of ingredients, equipment, formula, or
				instructions that are used in making intoxicants and alcohol.
2-20 Possession of the clothing of a staff member or contract
				employee, or visitor.
2-21 Causing injury to another person by resisting orders,
				resisting forced movement or physical efforts to restrain.
2-22 Making a false fire alarm or tampering with, damaging,
				blocking or interfering with fire alarms, fire extinguishers, fire hoses, fire
				exits, or other fire fighting equipment or devices.
2-23 Counterfeiting, committing forgery, altering or
				unauthorized reproduction of any document, article of identification, money,
				security, or official paper.
2-24 Conduct which interferes with the security or orderly
				running of the institution.
2-25 Wearing or displaying colors or any type of emblem,
				insignia or logo suggesting possible membership or affiliation with a gang,
				group party or other association whenever such wearing or display may, when the
				Superintendent has reasonable cause to believe, pose a threat to the security,
				good order or safety of the institution.
2-26 Possessing, wearing or using security threat group
				paraphernalia or photographs.
2-27 Failure to timely report to a location or program
				assignment resulting in a declaration of escape status.
2-28 Distribution or sale of tobacco.
2-29 Engaging in intimate acts and/or sexual acts with
				another.
2-30 Stalking.
2-31 Possession of a cell phone, unauthorized electronic
				device, or paraphernalia for a cell phone or unauthorized electronic device,
				regardless of whether the cell phone/device is operable.
2-32 Attempting to commit any of the above offenses, making
				plans to commit any of the above offenses or aiding another person to commit
				any of the above offenses shall be considered the same as the commission of the
				offense itself.
Category Three
.
3-1 Lying to or providing false information to a staff
				member.
3-2 Receipt or possession of contraband of items not authorized
				for retention by inmates. 3-3 Reserved for Future Use.
3-4 Threatening another with bodily harm or with any offense
				against another person, their property or their family.
3-5 Refusing a direct order by any staff member.
3-6 Impersonating another inmate.
3-7 Refusing a transfer to another institution.
3-8 Extortion, blackmail, or demanding or receiving money or
				anything of value in return for protection against others, or under threat of
				informing.
3-9 Throwing objects, materials, substances, or spitting at
				another.
3-10 Theft of property or possession of stolen property.
3-11 Unauthorized accumulation/misuse of prescribed
				medication.
3-12 Possession, manufacture, or introduction of an
				unauthorized tool.
3-13 Organizing or participating in an unauthorized group
				activity or meeting inside the correctional institution.
3-14 Giving, selling, borrowing, lending, or trading money or
				anything of value to, or accepting or purchasing money or anything of value
				from another inmate or an inmate's friend(s) or family.
3-15 Flooding a cell or other area of the institution.
3-16 Refusing a cell or housing assignment.
3-17 Causing an individual to be penalized or proceeded against
				by providing false information.
3-18 Gambling and/or possession of gambling
				paraphernalia.
3-19 Giving, receiving or offering any person a bribe or
				anything of value for an unauthorized favor or service.
3-20 Receiving a tattoo while incarcerated, tattooing another,
				or possessing tattoo paraphernalia and/or body piercing.
3-21 Fraud, embezzlement, or obtaining goods, services, money
				or anything of value under false pretense.
3-22 Creating an emergency by feigning illness or
				injury.
3-23 Possession of tobacco products and/or an incendiary
				device.
3-24 Being out of place or in an unauthorized area outside of
				the inmate's unit.
3-25 Communicating, directly or indirectly with any staff
				member, contract employee, volunteer or their relatives at their home
				addresses, home telephone numbers, email addresses, social media accounts or
				for non-official business.
3-26 Use of obscene, abusive or insolent language or
				gesture.
3-27 Conduct which disrupts the normal operation of the
				facility or unit.
3-28 Possession of an altered appliance.
3-29 Engaging in an unauthorized visit while on a community
				work crew or a pre-release work assignment.
3-30 Attempting to commit any of the above offenses, making
				plans to commit any of the above offenses or aiding another person to commit
				any of the above offenses shall be considered the same as the commission of the
				offense itself.
Category Four
.
4-1 Receipt or possession of contraband.
4-2 Mutilating, defacing or destroying state property or the
				property of another person.
4-3 Unauthorized possession of money or other negotiable
				items.
4-4 Use of mail or telephone in violation of established rules
				or regulations.
4-5 Telephoning or sending written communications to any person
				contrary to previous written warnings and/or documented disciplinary
				action.
4-6 Possession of any photographic, or hand drawn material
				and/or unauthorized publication that depicts sexually explicit acts, and/or
				nudity.
4-7 Reserved for Future Use.
4-8 Misuse or waste of issued supplies, goods, services, or
				property.
4-9 Failure to maintain acceptable hygiene.
4-10 Failure to maintain acceptable hygiene or appearance of a
				housing area.
4-11 Violating any departmental rule or regulation, or any
				other rule, regulation, or condition of an institution or community based
				program.
4-12 Failure to comply with standing count procedures.
4-13 Being out of place or an unauthorized area within a
				unit.
4-14 Reserved for Future Use.
4-15 Attempting to commit any of the above offenses, making
				plans to commit any of the above offenses or aiding another person to commit
				any of the above offenses shall be considered the same as the commission of the
				offense itself.