TITLE 59: MENTAL HEALTH
CHAPTER I: DEPARTMENT OF HUMAN SERVICES
PART 299 SEXUALLY VIOLENT PERSONS
SECTION 299.APPENDIX A RULE VIOLATIONS



Section 299.APPENDIX A   Rule Violations

 

AIDING AND ABETTING, ATTEMPT, SOLICITATION OR CONSPIRACY

 

Definition: Aiding and abetting any person in the commission of any of these rule violations; attempting to commit any of these rule violations; soliciting another to commit any of these rule violations; or conspiring to commit any of these rule violations, shall be considered the same as the commission of the rule violation itself.

 

MAJOR RULE VIOLATION:

 

ARSON

 

Definition: Setting fire in any location, whether public or private, including but not limited to any part of the institution, its grounds or State vehicles.

 

BATTERY TO ANY PERSON

 

Definition: Causing a person or an object to come into contact with another person in an offensive, provocative or injurious manner, or fighting with a weapon.

 

BRIBERY & EXTORTION

 

Definition: Demanding or receiving anything of value in exchange for protection, to avoid bodily injury, or through duress or pressure.  Giving or receiving money or anything of value, to violate State or federal law or to commit any act prohibited under this Part.

 

CONCEALMENT OF IDENTITY

 

Definition: Wearing a disguise or a mask, impersonating another, or otherwise concealing one's identity.

 

DAMAGE OR MISUSE OF PROPERTY

 

Definition: Destroying, damaging, defacing, removing, altering, tampering with, or otherwise misusing State property or property of another person, including the obstruction of locks or security devices.

 

DANGEROUS CONTRABAND

 

Definition: Possessing, manufacturing, introducing, selling, supplying to others or using without authorization any explosive, acid, caustic material for incendiary devices, ammunition, dangerous chemical, escape material, knife, sharpened instrument, gun, firearm, razor, glass, bludgeon, brass knuckles or any other dangerous or deadly weapon or substance of like character, or any object that is made to appear to be a deadly or dangerous weapon or substance.

 

DANGEROUS DISTURBANCES

 

Definition: Causing, directing or participating in any action that may seriously disrupt or endanger the institution, persons or property, including the taking or holding of hostages by force or threat of force.

 

DRUGS AND DRUG PARAPHERNALIA

 

Definition: Possessing, manufacturing, introducing, selling, supplying to others, or receiving alcohol, any intoxicant, inhalant, narcotic, syringe, needle, controlled substance or marijuana, or being under the influence of any of the above substances.  This violation includes medication misuse, e.g., the possession or use of unauthorized amounts of prescribed medication, or selling or supplying prescribed medication to others.

 

ESCAPE

 

Definition: Leaving or failing to return to lawful custody without authorization.

 

FAILURE TO REPORT

 

Definition: Failure to report for a scheduled work or program assignment without good cause.

 

FIGHTING

 

Definition: Unauthorized fighting with another consenting person, which is not likely to cause serious bodily injury to one or the other, and which does not involve the use of a weapon.

 

FORGERY

 

Definition: Forging, counterfeiting or reproducing without authorization any document, article of identification, money, security or official paper.

 

GANG OR UNAUTHORIZED ORGANIZATIONAL ACTIVITY

 

Definition: Engaging or pressuring others to engage in gang or unauthorized organizational activities or meetings; displaying, wearing, possessing or using gang or unauthorized organizational insignia or materials; or giving gang or unauthorized organizational signs.

 

GIVING FALSE INFORMATION TO AN EMPLOYEE

 

Definition: Lying or knowingly providing false information to an employee that impedes an investigation or otherwise interferes with the management of the Program.

 

INTIMIDATION OR THREATS

 

Definition: Expressing by words, actions or other behavior an intent to injure any person that creates the reasonable belief that physical, monetary or economic harm to that person or to another will result.

 

SEXUAL MISCONDUCT

 

Definition: Engaging in sexual intercourse, sexual conduct or fondling, or touching done to sexually arouse either or both persons; or engaging in any of these activities with an animal.

 

THEFT

 

Definition: Taking property belonging to another person, entity, or the institution without the owner's authorization.

 

UNAUTHORIZED COMMUNICATION

 

Definition: Communicating, without prior authorization, by any means (mail, telephone, or through intermediaries) with any victim or the family of any victim of sexual violence, staff (except at the Program) or the family of staff, or any party that has requested no further communication.

 

UNAUTHORIZED MOVEMENT

 

Definition: Being anywhere without authorization, or being absent from where required to be.

 

UNAUTHORIZED PROPERTY

 

Definition: Possessing, giving, loaning, receiving or using property that an inmate has no authorization to have or to receive and that was not issued to him or her through regular procedures, including the unauthorized possession of food or clothing, or the possession of property in excess of that authorized by the institution.

 

VIOLATING STATE OR FEDERAL LAWS

 

Definition: Committing any act that would constitute a violation of State or federal law.  If the specific violation is stated elsewhere in this Part, a committed person may not be accused of this violation.  The State or federal offense must be specified in the disciplinary report.

 

MINOR RULE VIOLATION:

 

ABUSE OF PRIVILEGES

 

Definition: Violating any rule regarding visits, mail, yard, commissary, telephone or recreational activities. However, if the conduct also constitutes a criminal offense under federal or State law, a committed person may also be charged under Violation of State or Federal Laws.

 

DISOBEYING A DIRECT ORDER

 

Definition: Willfully refusing to comply with an order, including the refusal to participate in testing for drug abuse or to accept a housing assignment.

 

GAMBLING

 

Definition: Operating or playing a game of chance or skill for anything of value, making a bet upon the outcome of any event, or possessing any gambling device.

 

HEALTH, SMOKING OR SAFETY VIOLATIONS

 

Definition: Smoking in an unauthorized area; tattooing or ear or body piercing; or disregarding basic hygiene of person, cell, living or work area, or other place in the facility or on its grounds.

 

INSOLENCE

 

Definition: Talking, touching, gesturing or other behavior that harasses, annoys or shows disrespect.

 

PETITIONS AND BUSINESS VENTURES

 

Definition: Writing, signing or circulating a petition without authorization or engaging in an unauthorized business venture.

 

POSSESSION OF MONEY

 

Definition: Possessing or causing to be brought into the institution, United States coin or currency or a negotiable instrument.

 

TRADING OR TRAFFICKING

 

Definition: Trading or trafficking with any employee, visitor or resident.

 

TRANSFER OF FUNDS

 

Definition: Causing money to be transferred from one trust fund to another or through an outside source to the account of another resident or an inmate.

 

VIOLATION OF RULES

 

Definition: Willfully disobeying any rule of the facility.