EFFECTIVE NOVEMBER 18, 2020 I. Elements of Prohibited Acts Elements of Prohibited Acts: Elements of prohibited acts are the definitions of the conduct which constitutes commission of the prohibited acts. Elements are facts which must be present in order to prove the commission of a prohibited act. There are specific facts which constitute or make up each prohibited act that must be established in the record before you can find guilt or commission of the act. Elements consist of four or five categories (depending on the offense) which must be present in order to prove commission of the prohibited act. They are: A. Subject: The inmate accused of committing the prohibited act must be properly identified and described in the “description of the incident’ and in the “specific evidence relied upon. Normally, the name and register number is sufficient. B. Time: Usually described as the day and hour the incident occurred. Cc. Location: The place or places the offense was committed. Gives notice of what to defend and establishes our right to regulate the inmate’s conduct. D. Act: The description of the actions or conduct of the inmate which constitute the commission of the specific prohibited act. **This is the most significant element and presents the most problems in definition. E. Victim: Must be described and identified in those instances where the prohibited act or offense is against another person. An assault requires a victim. Failing to provide a urine sample does not. Elements Determine What Offense is to be Charged A. Description: The description of the incident on the incident report. 1. Staff must describe in factual terms what they observed, heard, tasted or smelled. 2. Section 11 must contain all elements of prohibited acts. 3. This description provides the Wolff notice requirement. EFTA00039282

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Elements of Offense Assaulting any person, or an armed assault on An attempt or threat to do violence to the institution's secure perimeter (a charge for another; includes battery, or the unconsented assaulting any person at this level is to be used touching of another. only when serious physical injury has been attempted or accomplished). Escape from escort; escape from any secure or Escape - departure from custody without non-secure institution, including community permission or authority or before official confinement, escape from unescorted release. community program or activity; escape from outside a secure institution. Setting a fire (charged with this act in this To cause ignition or combustion; includes category only when found topose a threat to life | destructive buming. or a threat of serious bodily harm or in furtherance of a prohibited act of Greatest severity, ¢.g., in furtherance of a riot or escape; otherwise, the charge is properly classified Code 218 or 329). Possession, manufacture, or introduction of a Possess - to have on one’s person or under gun, firearm, weapon, sharpened instrument, one’s dominion or control. Manufacture - to knife, dangerous chemical, explosive, make or fashion something. ammunition, or any instrument used as a weapon. Introduce - to bring in from outside the institution; any of the objects listed. 105 Rioting. Participates with two or more other persons in a disturbance for purpose of preventing or coercing official action with actual or threats of violence. a“ Encouraging others to riot. Promotes or urges others to participate in a riot. Taking Hostage(s). To take someone captive with threats to kill or harm if demands are not met. Possession, manufacture, introduction, or loss of | Possess - to have on ones person or under a hazardous tool (tools most likely to be used | one’s dominion or control Manufacture - to in an escape or escape attempt or to serve as make or fashion something. weapons capable of doing serious bodily harm to others; or those hazardous to institutional security or personal safety; (e.g., hacksaw blade, body armor, maps, handmade rope, or other escape paraphernalia, portable telephone, pager or other electronic device). Introduce — to bring in from outside the institution; any of the objects listed. EFTA00039283

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Refusing to provide a urine sample; refusing to breath into a Breathalyzer; refusing to take part on other drug abuse testing. Introduction or making of any narcotics, marijuana, drugs, alcohol, intoxicants, or related paraphernalia, not prescribed for the individual by the medical staff. Use of any narcotics, marijuana, drugs, alcohol, intoxicants, or related paraphernalia, not prescribed for the individual by the medical staff. Possession of any narcotics, marijuana, drugs, alcohol, intoxicants, or related paraphernalia, not prescribed for the individual by the medical staff. Sexual assault of any person, involving non- consensual touching by force or threat of force. Destroying and/or disposing of any item during a search or attempt to search. Use of the mail for an illegal purpose or to commit or further a Greatest category prohibited act. Use of the telephone for an illegal purpose or to commit or further a Greatest category prohibited act. Interfering with a staff member in the performance of duties most like another Greatest category prohibited act. This charge is to be used only when another charge of Greatest severity is not accurate. The offending conduct must be charged as “most like’ one of the listed Greatest categories prohibited acts. Voluntary or intentional decision not to provide a specimen of urine for testing; a stated inability to provide a urine sample within reasonable time, normally two hours. Voluntary or intentional decision not to breathe into a Breathalyzer for alcohol or other intoxicant testing. Voluntary or intentional decision not to take part in other alcohol/intoxicant testing/drug abuse testing as required. Introduce - to bring in from outside the institution. Making- to make or construct any narcotics, drugs, alcohol, intoxicants, or related paraphernalia. To be seen using or testing positive for the use of any narcotics, marijuana, drugs, alcohol, intoxicants, that has not been prescribed for the individual by the medical staff. To possess means to have on one*s person or under one*s dominion or control of the hard contraband identified. Sexual assault includes the unconsented intimate physical contact with another person which includes an attempt or threat of physical violence. Includes throwing items away from staff or flushing items when a search is being conducted or attempting to conduct a search. Use of the mail to commit or aid in the commission of a crime or a Greatest category prohibited act. Using the telephone to commit or aid in the commission of a crime or a Greatest category prohibited act. Interfering - to hamper, hinder, or disturb a staff member performing his duties. Must be related to 100 level activities. EFTA00039284

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Conduct which disrupts or interferes with the orderly running of the institution or the Bureau of Prisons most like another Greatest category prohibited act. This charge is to be used only when another charge of Greatest severity is not accurate. The offending conduct must be charged as “most like’ one of the listed Greatest categories prohibited acts. Any act of Greatest Severity level which is not specifically described in other prohibited acts listed above, but which causes disorder or turmoil in the operation of a prison. EFTA00039285

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Escape from a work detail, non-secure Departure from custody without permission institution, or other non-secure confinement, or authority or before release; includes including community confinement, with failure to follow instructions of staff as to subsequent voluntary return to the Bureau of the limits of the activity; or commission of Prisons custody within four hours. an act which prevents the inmate from returning at the time and place prescribed (such as an arrest based on probable cause), and the inmate voluntarily returns within four hours. Fighting with another person. A ‘fight is a hostile, physical or verbal encounter or engagement between two or more persons. Threatening another with bodily harm. A communication of an intent to inflict physical or other harm on any person or on property. Extortion, blackmail, protection, demanding or To obtain anything of value from another receiving money or anything of value in return induced by the wrongful use of actual or for protection against others, to avoid bodily threatened force, violence or fear. harm, or under threat of informing 205 Engaging in sexual acts. Take part in intimate physical contact with self or another. Making sexual proposals or threats to another. Offering or encouraging another to engage in a sexual act or in intimate physical contact; a threat is a communicated intent to inflict physical or other harm on the person or on property. Wearing a disguise or a mask. Have on one’s face or other portion of one's body an item which conceals, changes or alters identity or appearance. Possession of any unauthorized locking device, Possess - have on one’s person or have or lock pick, or tampering with or blocking any under one’s control. lock device (includes keys), or destroying, altering, interfering with, improperly using, or damaging any security device, mechanism, or procedure. Adulteration of any food or drink. Adulterate - to debase or make impure. 211 Possessing any officer's or staff clothing. Possess - have on one’s person or have under one's control or dominion. Tamper - to meddle with for purpose of altering, destroying, etc. EFTA00039286

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Engaging in or encouraging a group To participate or promote others to demonstration. participate with two or more persons gathering together to support a cause. 213 Encouraging others to refuse to work, or to To promote or urge other inmates to refuse participate in a work stoppage. to work or participate in a work stoppage. Giving or offering an official or staff member a Bribe - giving something of value to bribe, or anything of value. persuade or induce favor or action. Giving money to, or receiving money from, any | Contraband - anything an inmate is not person for the purpose of introducing contraband | permitted to have in his possession, i.e., not or any other illegal or prohibited purpose. issued or not authorized to retain. Destroying, altering, or damaging government The $100+ value applies to both government property, or the property of another person, and personal property; otherwise, it is a having a value in excess of $100.00, or Code 329 offense. destroying, altering, damaging life-safety devices (e.g., fire alarm) regardless of financial value. Stealing: theft (including data obtained through Stealing - to take or appropriate the property the unauthorized use of a communications of another without permission or right. device, or through unauthorized access to disks, tapes, or computer printouts or other automated equipment on which data is stored). Demonstrating, practicing, or using martial arts, | “Martial’ refers to war or warlike; we boxing (except for use of a punching bag), prohibit all but punching a bag because this wrestling, or other forms of physical encounter, conduct may be mistakenly perceived as or military exercises or drill (except for drill fighting or may precipitate disruption or a authorized by staff). disturbance. It also encourages militant group behavior which is inconsistent with security. Being in an unauthorized area with a person of An area may be “unauthorized'’because of a the opposite sex without staff permission. written rule, an oral order or direction by staff, or because of circumstances. The ‘person of the opposite sex’ refers to inmates or visitors, not staff. A prohibited act described to cover a situation where two inmates of opposite sex at co-correctional institution are discovered in an inappropriate area, but before there is any evidence of sexual intent or content. EFTA00039287

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Assaulting any person (a charge at this level is See Code 101. Assault is an attempt or used when less serious physical injury or contact | threat to do violence to another and includes has been attempted or accomplished by an battery or the unconsented touching of inmate). another. Stalking another person through repeated A documented pattern of repeated behavior behavior which harasses, alarms, or annoys the which harasses, alarms, or annoys a person person, after having been previously warned to after being ordered or previously warned to stop such conduct. cease such conduct. 226 Possession of stolen property. To have in one's possession, control, or domain any stolen item(s). Refusing to participate in a required physical test | Voluntary or intentional decision not to take or required examination unrelated to testing for part in a required physical test or drug abuse (e.g., DNA, HIV, tuberculosis). examination unrelated to drug abuse or alcohol testing. Tattooing or self-mutilation. To put indelible patterns on the skin; to injure, disfigure or make imperfect by removing or irreparably damaging parts of the body (wrist cutting falls within this offense). Sexual assault of any person, involving non- Sexual assault includes the unconsented consensual touching without force or threat of intimate or non-sexual physical contact with force. another person which does not include a threat of physical violence. Requesting, demanding, pressuring, or otherwise | Requesting, demanding, pressuring, or intentionally creating a situation, which causes otherwise intentionally creating a situation, an inmate to produce, display his/her own court which causes an inmate to produce or documents for any unauthorized purpose to display his/her own court documents for any another inmate. unauthorized purpose to another inmate. Use of the mail for abuses other than criminal Use of the mail in violation of the policy on activity which circumvent mail monitoring mail regulations which circumvents mail procedures (e.g. use of the mail to commit or monitoring procedures. further a High category prohibited act, special mail abuse, writing letters in code; directing others to send, sending, or receiving a letter or mail through unauthorized means; sending mail for other inmates without authorization; sending correspondence to a specific address with directions or intent to have the correspondence sent to an unauthorized person. EFTA00039288

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Use of the telephone for abuses other than criminal activity which circumvent the ability of staff to monitor frequency of telephone use, content of the call, or the number called: or to commit or further a High category prohibited act. Interfering with a staff member in the performance of duties, most like another High severity prohibited act. This charge is to be used only when another charge of High severity is not accurate. The offending conduct must be charged as “most like’ one of the listed High severity prohibited acts. Conduct which disrupts or interferes with the security or orderly running of the institution or the Bureau of Prisons most like another High Severity prohibited act. This charge is to be used only when another charge of High severity is not accurate. The offending conduct must be charged as “most like’ one of the listed High severity prohibited acts. Using the telephone in violation of the policy on telephone regulations which circumvents telephone monitoring procedures. See Code 198. See Code 199. EFTA00039289

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Indecent Exposure. Indecent means offending against recognized standards of propriety; exposure means to display; non-accidental display of genitals. 302 Misuse of authorized medication. To use authorized/prescribed medication in a manner contrary to instructions. Possession of money or currency, unless Possess - to have on one-s person or under specifically authorized, or in excess of the one’s control. amount authorized. 304 Loaning of property or anything of value for To grant temporary use for the purpose of profit or increased return. gaining money or an advantage. Possession of anything not authorized for To possess means to have on one*s person or retention or receipt by the inmate, and not issued | under one dominion or control; although to him through regular channels. notice of what constitutes contraband generally is presumed, look to policies, tules, procedures and law to establish where reasonably questioned. Refusing to work or accept a program Declining or expressing a determination not assignment. to perform assigned tasks; also, includes program assignments like general population and educational classes. Refusing to obey an order of any staff member Declining or expressing a determination not (may be categorized and charged in terms of to follow commands (instructions and greater severity, according to the nature of the restrictions) of a BOP employee and others order being disobeyed, e.g., failure to obey an placed in a position of authority by a BOP order which furthers a riot would be charged as employee. Code 201, ( Fighting: refusing to provide a urine sample when ordered would be charged as 110). Violating a condition of furlough. To break or fail to follow rules listed on the furlough form. Violating a condition of a community program. Failure to follow established rules other than those set forth on furlough papers; usually CCC's. 310 Unexcused absence from work or any program Not at an assigned placed at a certain time. assignment. 311 Failing to perform work as instructed by the Similar to 319; use when specific orders of supervisor. the work supervisor are violated. Insolence towards a staff member. Contemptuously rude or impertinent in behavior or speech toward a staff member. Lying or providing a false statement to a staff Self-explanatory offense; must disrupt member. security, order or discipline. EFTA00039290

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Counterfeiting, forging or unauthorized Self-explanatory offense as described. reproduction of any document, article of identification, money, security, or official paper (may be categorized in terms of greater severity according to the nature of the item being reproduced; (e.g.., counterfeiting release papers to affect escape, Code 102). Participating in an unauthorized meeting or To take part in meeting or gathering of gathering. inmates without staff permission. Being in an unauthorized area without staff Located in a place that an inmate is authorization. forbidden to be in because of orders, policies or established procedures. Failure to follow safety or sanitation regulations | Nonperformance of established rules (including safety regulations, chemical concerning safety and sanitation. instructions, tools, MSDS sheets, OSHA standards). Using any equipment or machinery without staff | Self-explanatory offense as described. authorization. Using any equipment or machinery contrary to Similar to 317; specifically covers use of instructions or posted safety standards. equipment or machinery. Failing to stand count. Absent during count or failing to stand up during count. Interfering with the taking of count. Any action which hampers or inhibits staff from taking a count other than those actions listed in Code 320. 324 Gambling. To play any game of chance for stakes. Preparing or conducting a gambling pool. See Code 324; to be used where evidence establishes the inmate is responsible for setting up or running the game of chance. Possession of gambling paraphernalia. See Code 324; where evidence only shows possession of gambling items, but not used in a game. Unauthorized contacts with the public. Self-explanatory offense: to be used where an inmate needs permission to contact someone outside the institution. Giving money or anything of value to or Self-explanatory offense as described. See accepting money or anything of value from also Code 217 where evidence shows the another inmate, or any other person without staff | purpose of giving is for introducing authorization. contraband or other illegal purpose. EFTA00039291

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Destroying, Altering, or Damaging Government | Self-explanatory offense; see Code 218 for Property, or the Property of Another Person, higher severity offense for value more than Having a Value of $100 or Less. $100. Being Unsanitary or Untidy; Failing to Keep Self-explanatory offense: used where living One's Person and One's Quarters in Accordance area is unclean or not maintained in an with Posted Standards. acceptably clean and tidy manner. Possession, Manufacture, or Introduction of a Self-explanatory offense; see Code 104 for nonhazardous tool or other Non-Hazardous description of possession, manufacture or Contraband (tool not likely to be used in an introduction. See also Code 108 for greater escape attempt or to serve as a weapon capable severity offense. of doing serious bodily harm to others, or not hazardous to institutional security or personal safety; other nonhazardous contraband includes such items as food or cosmetics). 332 Smoking where prohibited. Smoking in an area that is designated by policy to be a non- smoking area. Fraudulent or deceptive completion of a skills Self-explanatory offense; used when test (e.g., cheating on a GED, or other education | cheating on an educational or vocational or vocational skills test). test. Conducting a business; conducting or directing To direct, engage, carry on an occupation, an investment transaction without staff profession, or trade. Occupation means the authorization. person’s usual or principal work. A profession usually refers to an occupation which requires extensive education. Trade refers to buying, selling, or exchanging commodities or other items. Communicating gang affiliation; participating in | Used when an inmate is wearing clothing, gang related activities; possession of items, etc. to show gang affiliation, making paraphernalia indicating gang affiliation. hand signals, etc. Use other higher and greater severity codes when behavior involves fighting, assaults, and group demonstrations. 336 Circulating a petition. Circulating a petition to protest conditions or to effect a change of some sort. Use of the mail for abuses other than criminal Use of the mail in violation of policy which activity which do not circumvent mail does not circumvent mail monitoring monitoring; or use of the mail to commit or procedures. further a Moderate category prohibited act. Use of telephone for abuses other than illegal Use of the telephone in violation of policy activity which do not circumvent the ability of which does not circumvent telephone staff to monitor frequency of telephone use, monitoring procedures. content of the call, or the number called; or to commit or further a Moderate category prohibited act. EFTA00039292

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Interfering with a Staff Member in the See Code 198. Performance of Duties, Most Like Conduct must be of the Moderate severity nature. This charge is to be used only when another charge of moderate severity is not applicable. Conduct which Disrupts or Interferes with the Security or Orderly Running of the Institution or the Bureau of Prisons, Most Like Conduct must be of the Moderate severity nature. This charge is to be used only when another charge of moderate severity is not applicable. EFTA00039293

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Malingering, Feigning IIIness. Malingering means to feign illness. Using Abusive or Obscene Language. Using coarsely insulting, indecent or lewd language. Conduct with a Visitor in Violation of Bureau Inappropriate actions with a visitor after Regulations. notice of written rule (would include excessive sexual contact short of engaging in a sex act, Code 205). Interfering with a Staff Member in the See Code 198. Performance of Duties, Most Like Conduct must be of the Low Moderate severity nature. This charge is to be used only when another charge of low moderate severity is not applicable. Conduct which Disrupts or Interferes with the See Code 199. Security or Orderly Running of the Institution or the Bureau of Prisons, Most Like Conduct must be of the Moderate severity nature. This charge is to be used only when another charge of moderate severity is not applicable. Unauthorized Physical Contact. Unacceptable physical contact, usually with another inmate; see also Code 205, Engaging in Sexual Acts, and Code 407 for visitor related activities. EFTA00039294