Washington Administrative Code › Title 137 - Corrections, Department of › Chapter 137-56 - PARTIAL CONFINEMENT › Section 137-56-110 - Serious violations

Current through Register Vol. 24-14, July 15, 2024
(1) Any of the
			 following types of behavior may constitute a serious violation. Attempting or
			 conspiring to commit one of the following violations, or aiding and abetting
			 another to commit one of the following violations, shall be considered the same
			 as committing the violation.
(2) If
			 contraband or another violation is discovered in an individual's assigned area
			 of responsibility, such as within the confines or contents of an assigned room,
			 the contraband or other violation shall be constructively attributed (i.e.,
			 cell tagged) to all individuals assigned responsibility for that area.
Seriousness Level: Category A:
Egregious Acts/Inflicting Harm/Violence
402
Committing an act that would constitute a felony or
							 misdemeanor and that is not otherwise included in these rules.
403
Taking or holding any person hostage.
405
Possessing, manufacturing, or introducing an
							 explosive device, any firearm, ammunition, weapon, sharpened instrument, knife,
							 poison, or any components thereof.
611
Committing sexual assault against a staff
							 member.
613
Committing any act of sexual contact against a staff
							 member.
635
Committing sexual assault against another
							 individual, as defined in department policy (i.e., aggravated sexual assault or
							 individual-on-individual sexual assault).
637
Committing sexual abuse against another individual,
							 as defined in department policy.
Seriousness Level: Category B:
High Profile/Harmful/Violence Against
							 Persons/Safety
401
Assaulting another person.
404
Escaping from partial confinement.
406
Rioting, or inciting others to riot.
407
Setting fire.
408
Engaging in or inciting a group
							 demonstration.
409
Fighting with another person.
415
Possessing, transferring, or soliciting any person's
							 identification information, including current employees/contract staff or their
							 immediate family members when not voluntarily given. Identification information
							 includes Social Security numbers, home addresses, telephone numbers, driver's
							 license numbers, medical, personnel, financial, or real estate information,
							 bank or credit card numbers, or other like information not authorized by the
							 community corrections supervisor.
416
Counterfeiting/forgery of official
							 documents.
419
Possessing clothing or assigned equipment of an
							 employee/contract staff.
437
Engaging in a sex act within facility
							 boundaries.
438
Indecent exposure.
549
Providing false or misleading information during any
							 stage of an investigation of sexual misconduct, as defined in department
							 policy.
463
Making any drug, alcohol, or intoxicating substance,
							 or possessing ingredients, equipment, items, formulas, or instructions that are
							 used in making any drug, alcohol, or intoxicating substance.
700
Failing to complete or administrative termination
							 from a DOSA treatment program. Note: This violation must be initiated by
							 authorized employees/contract staff and heard by a community corrections
							 hearing officer in accordance with chapter 137-24 WAC. A guilty finding will
							 result in reclassification.
701
Failure to comply with the DOSA program. Note: This
							 violation must be initiated by authorized employees/contract staff and heard by
							 a community corrections hearings officer in accordance with chapter 137-24 WAC.
							 A guilty finding may result in reclassification or lesser
							 sanctions.
Seriousness Level: Category C:
Noncompliance/Attitudes and Behaviors/Court and DOC
							 Conditions Related
410
Threatening another with bodily harm or with any
							 offense against any person or property.
411
Extorting or blackmailing another
							 person.
412
Refusing a direct order from an employee/contract
							 staff member to proceed to or disperse from a particular area.
413
Interfering with an employee/contract staff or other
							 personnel, in the performance of their duties.
414
Tampering with a locking device.
417
Committing fraud or embezzlement, or obtaining
							 goods, services, money, or anything of value under false pretense.
418
Making a false fire alarm or tampering with,
							 damaging, blocking, or interfering with fire alarms, fire extinguishers, fire
							 hoses, fire exits, or other firefighting equipment or devices.
420
Stealing property, possessing stolen property, or
							 possessing another individual's property.
423
Participating or engaging in the activities of any
							 unauthorized club, organization, gang, or security threat group; or wearing or
							 possessing the symbols of an unauthorized club, organization, gang, or security
							 threat group.
425
Causing an innocent person to be penalized or
							 proceeded against by providing false information.
659
Committing sexual harassment against another
							 incarcerated individual, as defined in department policy.
896
Harassing, using abusive language, or engaging in
							 other offensive behavior directed to or in the presence of another person(s) or
							 group(s) based upon race, creed, color, age, sex, national origin, religion,
							 sexual orientation, marital status or status as a state registered domestic
							 partner, disability, veteran's status, or genetic information.
661
Committing sexual harassment against a staff member,
							 visitor, or community member.
461
Introducing or transferring any unauthorized drug or
							 drug paraphernalia.
462
Refusing to submit to or cooperate in a search,
							 urinalysis, oral swab, breath alcohol test, or any testing required by policy,
							 statute, or court order, not otherwise included in these rules, when ordered to
							 do so by an employee/contract staff member.
464
Possessing or using an unauthorized drug,
							 intoxicating substance or alcohol; receiving a positive test for an
							 unauthorized drug, alcohol or intoxicating substance; possession of
							 paraphernalia.
465
Providing a diluted, altered, or substituted urine
							 sample.
472
Unauthorized contact with prohibited persons as
							 defined in case plan.
899
Failing to obtain prior written authorization from
							 the sentencing court, contrary to
							 RCW
							   9.94A.645, prior to commencing or engaging in
							 any civil action against any victim or family of the victim of any serious
							 violent crime the individual committed.
477
Being in the community without authorization, being
							 in an unauthorized location in the community, unaccounted time, or having
							 unauthorized contact with prohibited persons in the community.
810 *Mandatory programming 72.09
Refusing to seek/maintain employment, training, or
							 programming, or being terminated from work, training, education, or other
							 programming for negative or substandard performance.
557 *Mandatory programming 72.09
Refusing to participate in an available work,
							 training, education, or other mandatory programming assignment.
481
Violating conditions of furlough.
485
Using the mail, telephone, or electronic
							 communications in violation of any law, court order, or previous written
							 warning, direction, and/or documented disciplinary action, or initiating
							 communication with a minor without the approval of that minor's parent or
							 guardian.
494
Receiving or possessing contraband.
Seriousness Level: Category D:
Self-Destructive Behavior/Risky Behavior/Case Plan
							 Related
421
Using facility phones, information technology
							 resources/systems, or related equipment intended for employee/contract staff
							 use without authorization.
422
Possessing, manufacturing, or introducing an
							 unauthorized tool.
424
Damaging, altering, or destroying any item that
							 results in the concealment of contraband or demonstrates the ability to conceal
							 contraband.
435
Intentional destruction, damage, or altering any
							 item that is not the individuals personal property, the value of which is $10
							 or more.
436
Possessing any sexually explicit material(s), as
							 defined in WAC
							 137-48-020.
439
Urinating, defecating, or placing feces or urine in
							 any location other than a toilet or authorized receptacle.
474
Unauthorized modification or noncompliance of an
							 approved case plan.
482
Violating an imposed special condition.
483
Failing to comply with any administrative or
							 post-hearing sanction imposed for committing any violation.
484
Operating motor vehicle or being in a motor vehicle
							 without permission.
486
Telephoning, or sending written or electronic
							 communication to any individual in a correctional facility, directly or
							 indirectly, without prior written approval of the superintendent/community
							 corrections supervisor/designee.
Seriousness Level: Category E:
General Noncompliance
471
Failing to comply with written rules, handbook, or
							 case plan.
475
Entering into an unauthorized contract.
476
Failing to report/turn in all earnings.
487
Possession of unauthorized items, to include money
							 or other negotiable instruments without proper authorization.
491
Introducing, possessing, or using a cell phone,
							 electronic/wireless device, or related equipment, without proper
							 authorization.
492
Misusing or wasting issued supplies, goods,
							 services, or property.
493
Out-of-bounds: Being in the room/dorm assigned to
							 another individual under department jurisdiction or an area of the facility
							 without authorization.
495
Giving, selling, purchasing, borrowing, lending,
							 trading, or accepting money or anything of value except through approved
							 channels.
Statutory Authority:
				  RCW
				    72.01.090,
				  72.09.130, and
				  9.94.070. 05-24-009 and 06-02-038,
				  §
										137-56-110, filed 11/28/05 and
				  12/28/05, effective 5/1/06. 99-16-078, §
										137-56-110, filed 8/3/99,
				  effective 8/18/99; 94-07-065, §
										137-56-110, filed 3/14/94,
				  effective 5/1/94. Statutory Authority:
				  RCW
				    72.65.100. 86-06-012 (Order 86-02), §
										137-56-110, filed
				  2/21/86.