Wash. Admin. Code § 137-25-030

Current through Register Vol. 24-20, October 15, 2024

Section 137-25-030 - Serious violations

(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, with the exception of attempting an aggravated assault. Attempting to commit an aggravated assault will be charged as violation:

(a) #633 When against another incarcerated individual;

(b) #704 When against a staff member; or

(c) #711 When against a visitor or community member.

Category A

501 - Committing homicide

502 - Committing aggravated assault against another incarcerated individual

507 - Committing an act that would constitute a felony and that is not otherwise included in these rules

511 - Committing aggravated assault against a visitor or community member

521 - Taking or holding any person hostage

550 - Escaping

601 - Possessing, manufacturing, or introducing an explosive device or any ammunition, or any component thereof

602 - Possessing, manufacturing, or introducing any firearm, weapon, sharpened instrument, knife, or poison, or any component thereof

603 - Possessing, introducing or transferring any unauthorized drug or drug paraphernalia

604 - Committing aggravated assault against a staff member

611 - Committing sexual assault against a staff member

613 - Committing an act of sexual contact against a staff member

635 - Committing sexual assault against another offender, as defined in department policy (i.e., aggravated sexual assault or incarcerated individual on incarcerated individual sexual assault)

637 - Committing sexual abuse against another incarcerated individual, as defined in department policy

650 - Rioting

651 - Inciting others to riot

830 - Escaping from work/training release with voluntary return within 24 hours

831 - While in work/training release, failing to return from an authorized sign out

882 - While in prison, introducing, possessing, or using a cell phone, electronic/wireless communication device, or related equipment without authorization

Category B - Level 1

504 - Engaging in a sex act with another person(s) that is not otherwise included in these rules, except in an approved extended family visit

553 - Setting a fire

560 - Possessing items or materials likely to be used in an escape without authorization

633 - Assaulting another incarcerated individual

704 - Assaulting a staff member

711 - Assaulting a visitor or community member

744 - Making a bomb threat

884 - Urinating, defecating, or placing feces or urine in any location other than a toilet or authorized receptacle

886 - Adulterating any food or drink

892 - Giving, selling, or trading any prescribed medication, or possessing another incarcerated individual's prescribed medication

Category B - Level 2

505 - Fighting with another incarcerated individual

556 - Refusing to submit to or cooperate in a search when ordered to do so by a staff member

607 - Refusing to submit to a urinalysis and/or failing to provide a urine sample within the allotted time frame when ordered to do so by a staff member

608 - Refusing or failing to submit to a breath alcohol test or other standard sobriety test when ordered to do so by a staff member

609 - Refusing or failing to submit to testing required by policy, statute, or court order, not otherwise included in these rules, when ordered to do so by a staff member

652 - Engaging in or inciting a group demonstration

655 - 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

682 - Engaging in or inciting an organized work stoppage

707 - Introducing or transferring alcohol or any intoxicating substance not otherwise included in these rules

716 - Using an over the counter medication without authorization or failing to take prescribed medication as required when administered under supervision

736 - Possessing, manufacturing, or introducing an unauthorized key or electronic security access device

750 - Committing indecent exposure

752 - Admitting use, or receiving a positive test for use of, an unauthorized drug, alcohol, or other intoxicating substance

778 - Providing a urine specimen that has been diluted, substituted, or altered in any way

Category B - Level 3

503 - Extorting or blackmailing, or demanding or receiving anything of value in return for protection against others or under threat of informing

506 - Threatening another with bodily harm or with any offense against any person or property

509 - Refusing a direct order by any staff member to proceed to or disperse from a particular area

525 - Violating conditions of a furlough

549 - Providing false or misleading information during any stage of an investigation of sexual misconduct, as defined in department policy

558 - Interfering with staff members, medical personnel, firefighters, or law enforcement personnel in the performance of their duties

600 - Tampering with, damaging, blocking, or interfering with any locking, monitoring, or security device

605 - Impersonating or assuming the identity of any other person

653 - Causing an inaccurate count or interfering with count by means of unauthorized absence, hiding, concealing oneself, or other form of deception or distraction

654 - Counterfeiting or forging, or altering, falsifying, or reproducing any document, article of identification, money, or security or other official paper without authorization

660 - Possessing money, stamps, or other negotiable instruments without authorization, the total value of which is five dollars or more

709 - Out-of-bounds: Being in another incarcerated individual's cell or being in a restricted or out of bounds area of the facility with one or more incarcerated individuals without authorization

738 - Possessing clothing or assigned equipment of a staff member

739 - Possessing, transferring, or soliciting any person's identification information, including current staff members 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 superintendent

745 - Refusing a transfer to another facility

746 - Engaging in or inciting an organized hunger strike

762 - Noncompliance with the DOSA program. Note: This violation must be initiated by authorized staff and heard by a community corrections hearing officer in accordance with chapter 137-24 WAC

777 - Causing injury to another person by resisting orders, assisted movement, or physical efforts to restrain

813 - Being in the community without authorization, or being in an unauthorized location in the community

814 - While in work/training release, violating an imposed special condition

879 - Operating or being in a motor vehicle without permission or in an unauthorized manner or location

889 - Using facility phones, information technology resources/systems, or related equipment without authorization

Category C - Level 1

508 - Spitting or throwing objects, materials, or substances in the direction of another person(s)

557 - Refusing to participate in an available work, training, education, or other mandatory programming assignment

563 - 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

610 - While in prison, receiving or possessing prescribed medication without authorization

620 - Receiving or possessing contraband during participation in off-grounds or outer perimeter activity or work detail

659 - Committing sexual harassment against another incarcerated individual, as defined in department policy

661 - Committing sexual harassment against a staff member, visitor, or community member

663 - Using physical force, intimidation, or coercion against any person

702 - Possessing, manufacturing, or introducing an unauthorized tool

708 - Organizing or participating in an unauthorized group activity or meeting

717 - Causing a threat of injury to another person by resisting orders, assisted movement, or physical efforts to restrain

720 - Flooding a cell or other area of the facility

724 - Refusing a cell or housing assignment

734 - 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

810 - Failing to seek/maintain employment or training or maintain oneself financially, or being terminated from a work, training, education, or other programming assignment for negative or substandard performance

893 - Damaging, altering, or destroying any item that results in the concealment of contraband or demonstrates the ability to conceal contraband

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

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 offender committed

Category C - Level 2

552 - Causing an innocent person to be penalized or proceeded against by providing false information

554 - Damaging, altering, or destroying any item that is not the incarcerated individual's personal property, the value of which is ten dollars or more

710 - Acquiring an unauthorized tattoo/piercing/scar, tattooing/piercing/scarring another, or possessing tattoo/piercing/scarring paraphernalia

718 - Using the mail, telephone, or electronic communications in violation of any law, court order, or previous written warning, direction, and/or documented disciplinary action

726 - Telephoning, sending written or electronic communication, or otherwise initiating communication with a minor without the approval of that minor's parent or guardian

Category C - Level 3

606 - Possessing, introducing, or transferring any tobacco, tobacco products, matches, or tobacco paraphernalia

657 - Being found guilty of four or more general violations arising out of separate incidents within a 90-day period

658 - Failing to comply with any administrative or posthearing sanction imposed for committing any violation

812 - Failing to report/turn in all earnings

Category D

517 - Committing an act that would constitute a misdemeanor and that is not otherwise included in these rules

551 - Providing false information to the hearing officer or in a disciplinary appeal

555 - Stealing property, possessing stolen property, or possessing another offender's property

559 - Gambling or possessing gambling paraphernalia

656 - Giving, receiving, or offering any person a bribe or anything of value for an unauthorized favor or service

662 - Soliciting goods or services for which the provider would expect payment, when the incarcerated individual knows or should know that they lack sufficient funds to cover the cost

706 - Giving false information when proposing a release plan

714 - Giving, selling, purchasing, borrowing, lending, trading, or accepting money or anything of value except through approved channels, the value of which is ten dollars or more

725 - Telephoning or sending written or electronic communication to any incarcerated individual in a correctional facility, or partial confinement directly or indirectly, without prior written approval of the superintendent/community corrections supervisor/designee

728 - Possessing any sexually explicit material(s), as defined in DOC Policy 450.100

740 - Committing fraud or embezzlement, or obtaining goods, services, money, or anything of value under false pretense

741 - Stealing food, the value of which is ten dollars or more

742 - Establishing a pattern of creating false emergencies by feigning illness or injury

755 - Misusing or wasting issued supplies, goods, services, or property, the replacement value of which is ten dollars or more

811 - Entering into an unauthorized contract

861 - Performing or taking part in an unauthorized marriage

890 - Failing to follow a medical directive and/or documented medical recommendations, resulting in injury

(2) If contraband or another violation is discovered in an incarcerated individual's assigned area of responsibility, such as within the confines or contents of a cell, the contraband or other violation shall be constructively attributed (i.e., cell tagged) to all incarcerated individuals assigned responsibility for that area.

Wash. Admin. Code § 137-25-030

Amended by WSR 15-20-011, Filed 9/24/2015, effective 1/8/2016

Amended by WSR 23-22-112, Filed 10/31/2023, effective 12/1/2023

Statutory Authority: RCW 72.09.130, 72.01.090, and 72.65.100. 11-17-119, § 137-25-030, filed 8/23/11, effective 9/23/11; 09-01-195, § 137-25-030, filed 12/24/08, effective 1/24/09; 06-21-054, § 137-25-030, filed 10/13/06, effective 11/13/06. Statutory Authority: RCW 72.01.090, 72.09.130, and 9.94.070. 05-24-009 and 06-02-038, § 137-25-030, filed 11/28/05 and 12/28/05, effective 5/1/06.