Wash. Admin. Code § 137-56-110

Current through Register Vol. 24-23, December 1, 2024

Section 137-56-110 - 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.

(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.

Wash. Admin. Code § 137-56-110

Amended by WSR 24-08-017, Filed 3/22/2024, effective 4/22/2024

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.