Nebraska Administrative Code › Topic - CORRECTIONAL SERVICES, DEPARTMENT OF › Title 68 - DEPARTMENT OF CORRECTIONAL SERVICES › Chapter 5 - CODE OF OFFENSES › Section 68-5-005 - Offenses

Current through June 17, 2024
Following are acts and behaviors that are prohibited and
				  subject to disciplinary sanctions.
I
				[A] Murder/Manslaughter. The killing of another person.
I [B] Mutinous Actions. Mutiny; inciting to
				riot; insurrection; taking hostages or arson.
I
				[C] Assault. Physical attack on another person; continuing a fight
				after the opponent is no longer participating; spitting or throwing bodily
				waste or bodily fluids on another person; or using a weapon, object, a
				substance as a weapon in an assault or fight.
I
				[D] Possession or Manufacture of Dangerous Contraband. Possessing
				or manufacturing any weapon, explosive, or incendiary device; or possessing a
				caustic or flammable material without authorization.
I [E] Escape. Unauthorized departure from any
				part of a facility; departure from any work assignment or any extended limits
				of a facility with the intent to remain away; or failure to return from a pass
				or furlough with the intent to remain away.
I
				[F] Omitted.
I [G]
				Interference with or Refusal to Submit to a Search. Refusing to submit to a
				search of person, clothing, property, or living quarters when ordered by
				authorized personnel; interfering with or delaying a search; disposing of or
				concealing any article after being ordered to submit to a search; fleeing to
				avoid a search; or teasing, harassing, agitating or distracting a canine during
				a search.
I [H] Drug or Intoxicant
				Abuse. Using, possessing, manufacturing, selling, giving or being under the
				influence of a medication, controlled substance or inhalant not prescribed for
				the possessor; using, possessing, manufacturing, selling, giving or being under
				the influence of an intoxicant; refusing to submit to a drug test upon
				instruction from authorized personnel; failing to comply with drug test
				procedures; contaminating the substance to be tested or intentionally
				invalidating a drug test in any manner; or failing to submit a urine specimen
				for testing within five hours.
I [I]
				Escape Paraphernalia. Possessing, manufacturing, or using escape
				paraphernalia.
I [J] Destruction of
				Property Over $500. Destroying, altering, or wasting property valued over $500
				that belongs to the state or another person; or using such property without
				authorization.
I [K] Extortion.
				Demanding or receiving anything from another person in exchange for a favor or
				for protection from another person; demanding or receiving anything in exchange
				for not informing on another person; or threatening to inform on another person
				unless demands are met.
I [L]
				Possession of Unauthorized Electronic Communication Devices. Possessing
				cellular telephones or other electronic communication devices without
				authorization.
I [M] Stalking.
				Engaging in a course of conduct directed at a specific person with the intent
				to injure, terrify, threaten, or intimidate such person.
I [N] Omitted.
I [O] Sexual Assault. Sexually penetrating or
				having sexual contact with another person without that person's consent; or
				pressuring someone to engage in sexual activities.
I [P] Cruelty to Animals. Kicking, beating or
				otherwise inflicting any harm on an animal.
II
				[A] Bribery. Offering to sell, give, or loan any item or to
				perform any service for the benefit of any person in exchange for a person's
				deviation from assigned authorized duties or institutional rules.
II [B] Drug Paraphernalia. Possessing or
				manufacturing any drug or narcotic paraphernalia.
II [C] Sexual Activities. Consensual
				intercourse, sodomy, kissing (except as authorized in the visiting room) or
				touching another person's intimate parts; or allowing another inmate to touch
				one's intimate parts; touching another person with one's intimate parts; or
				intentionally exposing one's sexual organs to another person in a location or
				manner where such exposure has no legitimate purpose.
II [D] Destruction of Property Valued Between
				$100 and $500. Destroying, altering, or wasting property valued between $100
				and $500 that belongs to the state or another person; or using such property
				without authorization.
II [E]
				Disobeying an Order. Disobeying a verbal or written order from an employee; or
				refusing to comply immediately with an order.
II
				[F] Forgery or Possession of Forged Documents. Knowingly
				possessing a falsified or altered paper or document; signing another inmate's
				name or number; or altering or falsifying a document with the intent to deceive
				or defraud.
II [G] Theft. Taking
				property from another person or from the state with the intent to deprive the
				owner of the use of the property; or possessing stolen property.
II [H] Use of Threatening Language or
				Gestures. Using language or gestures threatening physical harm to another
				person.
II [I] Gambling or Promoting
				Gambling. Promoting gambling; possessing gambling devices or records; or
				betting on the outcome of a future event such as a game of skill or
				chance.
II [J] Unauthorized Areas.
				Being in or reporting to any area without proper authorization; or
				loitering.
II [K] Improperly
				Handling Funds. Failing to turn over all incoming monies to the Department's
				accountant or designee for processing; cashing payroll checks; diverting
				incoming monies; making unauthorized deductions from payroll checks; or
				possessing official government money without authorization or in excess of the
				amount authorized by the Warden.
II
				[L] Improper Use of Transportation. Operating a motor vehicle
				without authorization from the Department; operating a company-owned,
				job-related vehicle for any purpose other than work; or riding in any vehicle
				without authorization.
II [M]
				Failure to Report Law Enforcement Contacts. Failing to promptly notify
				Department authorities of any contact with law enforcement officials.
II [N] Failure to Report. Failing to report
				to a work or program assignment without proper authorization.
II [O] Medication Abuse. Using or possessing
				authorized medication contrary to prescription; possessing expired medication;
				possessing authorized medication not in its original container; or possessing
				nonprescription medication without authorization.
II [P] Piercing, Branding or Mutilation
				Intentionally piercing, branding, or cutting any portion of another's body; or
				intentionally piercing or branding any portion of one's own body.
II [Q] Tattoo Activities. Performing tattoo
				services; possessing tattoo paraphernalia; or receiving a tattoo.
II [R] Gang/Security Threat Group Activity.
				Communicating involvement in a gang or security threat group through any verbal
				or written means; flashing gang or security threat group signs; dressing in a
				manner associated with a gang or security threat group or wearing gang colors;
				possessing any materials depicting symbols or signs associated with a gang or
				security threat group; or drawing or marking any surface with symbols or signs
				associated with a gang or security threat group.
II [S] False Reporting. Giving false
				information to state personnel; falsely implicating an inmate; planting
				evidence/contraband; turning in a false alarm; diverting attention of staff; or
				concealing one's identity.
II [T]
				Violation of Passes or Furloughs. Failure to return to a community facility
				within the time prescribed, or going anywhere while on pass or furlough without
				authorization. Failure to remain within the extended limits of confinement, or
				unauthorized absence from an approved location.
II [U] Fighting. Fighting not covered by Rule
				5-I-[C] Assault.
II [V] Sexual
				Harassment. Making sexual gestures, or any other communication, or conduct of a
				sexual nature directed toward staff or another inmate not covered by 5-II-[C]
				Sexual Activities.
II [W] Refusing
				to Submit to DNA Test. Refusing to submit to a buccal cell collection or blood
				draw for DNA identification purposes upon instruction from authorized
				personnel; failing to comply with buccal cell collection or blood draw
				procedures; or contaminating the buccal cell collection or blood to be
				tested.
III [A] Flare of
				Tempers/Minor Physical Contact. Displaying a flare of tempers; horse-playing;
				or having minor physical contact where the contact is offensive or
				inappropriate.
III [B] Destruction
				of Property Under $100. Destroying, altering, or wasting property valued under
				$100 that belongs to the state or another person; or using such property
				without authorization.
III [C]
				Possessing or Receiving Unauthorized Articles. Possessing unauthorized articles
				or receiving articles from another person without the approval of the Warden.
				Any item that is altered or that has not been issued to an inmate, purchased by
				him/her through proper institutional channels or otherwise specifically
				approved for his/her possession by the Warden is an unauthorized
				article.
III [D] Swearing, Cursing,
				or Use of Abusive Language or Gestures. Swearing or cursing at another person;
				directing abusive gestures or language at another person; or intending to
				harass, demean, or cause alarm in another person by words or actions.
III [E] Tobacco Products. Smoking or using
				tobacco products inside any building or vehicle owned, leased or controlled by
				the Department of Correctional Services; or possessing smoking material
				including but not limited to tobacco, pipes, matches or lighters contrary to
				DCS regulations.
III [F] Selling,
				Loaning, or Giving Items to Others. Selling, loaning, or giving anything to
				another person without the prior approval of the Warden or designee.
III [G] Violation of Sanctions. Violating
				disciplinary restrictions or sanctions.
III
				[H] Violation of Any Signed Program Agreement. Violating a term or
				condition of a signed program agreement.
III
				[I] Omitted.
III [J]
				Sanitation. Failing to maintain a clean or sanitary living or work area; or
				littering.
III [K] Disruption.
				Disrupting duties of staff or inmates; creating a disturbance; causing a delay;
				delaying count; tampering with locks; creating excessive noise by any means or
				creating or maintaining a health, safety or fire hazard.
III [L] Omitted.
III [M] Omitted.
III [N] Violation of Regulations. Failing to
				adhere to any written or posted order or regulation.
III [O] Misuse of a Computer. Accessing
				directly or indirectly any computer or altering, damaging, deleting or
				destroying any computer, computer system, computer software, computer network,
				computer program or data without authorization.