Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 105 - PROHIBITED CONDUCT AND PROCESSING DISCIPLINARY ACTIONS › Section 291-105-0015 - Rules of Misconduct

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Violations Involving Property
(a) 1.01 Arson:
			 An AIC commits arson when that AIC starts an unauthorized fire or causes an
			 explosion.
(b) 1.05 Property I: An
			 AIC commits Property I when that AIC, except as authorized by an employee,
			 destroys, abuses, alters, damages, defaces, misuses, tampers with, or wastes
			 materials or property, or fails to properly protect or produce issued property
			 in a timely manner; and:
(A) 1.05.01 The
			 state-owned or employee-owned property involved exceeds $100 in value;
			 or
(B) 1.05.02 The misconduct
			 involves the functioning of a security device; or
(C) 1.05.03 The misconduct involves a threat
			 to the safety, security, or orderly operation of a facility; or
(D) 1.05.04 The misconduct includes
			 possession of an unauthorized or altered blade, such as a razor blade or pencil
			 sharpener; or
(E) 1.05.05 The
			 property involved exceeds $100 in value, is not state-owned property, and is
			 owned by or belongs to any person or agency that provides services to the
			 state.
(c) 1.06 Property
			 II (minor violation): An AIC commits Property II when that AIC, except as
			 authorized by an employee, destroys, alters, abuses, damages, defaces, misuses,
			 tampers with, or wastes materials or property, or fails to properly protect or
			 produce issued property in a timely manner.
(d) 1.10 Contraband I: An AIC commits
			 Contraband I when that AIC:
(A) 1.10.01
			 Possesses any intoxicant or is intoxicated; or
(B) 1.10.02 Possesses any drug paraphernalia;
			 or
(C) 1.10.03 Has gone through any
			 authorized screening process such as urinalysis, breathalyzer, oral swabs, etc.
			 and has been found to have any controlled substance or intoxicant in urine,
			 blood, or other body parts; or
(D)
			 1.10.04 Fails to provide or refuses to submit an acceptable sample for testing
			 or submits an unacceptable sample for testing; or
(E) 1.10.05 Alters, substitutes,
			 contaminates, or destroys a urine sample; or
(F) 1.10.06 Possesses money in the amount of
			 $10 or more (this excludes trust account funds); or
(G) 1.10.07 Possesses illegitimately obtained
			 items or trust account funds valuing $100 or more.
(e) 1.11 Contraband II: An AIC commits
			 Contraband II when that AIC possesses contraband, including that listed in
			 Contraband I and Contraband III, that creates a threat to the safety, security,
			 or orderly operation of a facility, including but not limited to:
(A) 1.11.01 Tobacco or smoking paraphernalia,
			 unauthorized medication, items of barter, checks, money under $10, or
			 unauthorized sexually explicit material; or
(B) 1.11.02 Items that were obtained by
			 threats of or actual theft, forgery, or coercion.
(f) 1.12 Contraband III (minor violation): An
			 AIC commits Contraband III when that AIC possesses contraband, including that
			 listed in Contraband I and Contraband II, or un-cancelled stamps, expired
			 self-medication, legal material belonging to another AIC, or property in excess
			 of that authorized.
(g) 1.14
			 Unauthorized Transfer of Digital Currency: An AIC commits Unauthorized Transfer
			 of Digital Currency when that AIC, directly or through a third party, transfers
			 digital currency to another for the benefit of any AIC. This rule does not
			 apply to funds maintained by DOC in an AIC trust account or to a transfer that
			 has been previously authorized by the functional unit manager or
			 designee.
(h) 1.15 Drug Possession:
			 An AIC commits Drug Possession when that AIC possesses a controlled
			 substance.
(i) 1.20 Possession of
			 Body Modification Paraphernalia: An AIC commits Possession of Body Modification
			 Paraphernalia when that AIC possesses items capable of being used in body
			 modification, including but not limited to, motors, needles, and ink.
(j) 1.25 Unauthorized Use of Information
			 Systems I: An AIC commits Unauthorized Use of Information Systems I when that
			 AIC operates or uses any information system equipment (including terminals,
			 personal computers, tablet computers, minicomputers, workstations, controllers,
			 printers, copiers, fax machines, or phones) if the usage exceeds the conditions
			 of use or access granted by the Director, functional unit manager, or designee
			 in the following manner:
(A) 1.25.01 To send,
			 receive, or read messages or e-mails, access the Internet, or access any
			 employee-only programs or computer systems; or
(B) 1.25.02 To conduct illegitimate business
			 activity; or
(C) 1.25.03 To do
			 unauthorized legal work.
(k) 1.26 Unauthorized Use of Information
			 Systems II: An AIC commits Unauthorized Use of Information Systems II when that
			 AIC operates or uses any information system equipment (including terminals,
			 personal computers, tablet computers, minicomputers, workstations, controllers,
			 printers, copiers, fax machines, or phones) if the usage exceeds the conditions
			 of use or access granted by the Director, functional unit manager, or designee
			 in the following manner:
(A) 1.26.01 To
			 prepare a letter or other unauthorized document; or
(B) 1.26.02 To make copies, view video, or
			 listen to audio files for personal use; or
(C) 1.26.03 To use the phone, Video
			 Interactive Phone system, or any incentive level electronic device in excess
			 of, or outside, the parameters permitted under the department's
			 rules.