Policy 02-04-101, “The Disciplinary Code for Adult

[IDOCO]

February 9, 2009

EXECUTIVE DIRECTIVE: # 09 – 11

This Executive Directive presents an updated list of offenses to be used with the administrative procedures for Policy 02-04-101, “The Disciplinary Code for Adult Offenders.” This new list of offenses are to be used in conjunction with the changes in the sanctions as presented in Executive Directive: # 09-07. This Executive Directive is applicable only to facilities housing adult offenders and shall be effective March 1, 2009.

In the Department’s review of the offenses currently being used with the “Disciplinary Code for Adult Offenders, it has been noted that it would beneficial to add some new offenses to cover issues that have arisen in the Department. Additionally, with changes in the reporting of Critical Incidents and proposed changes in the reporting of Sexual Assaults (Policy 02-01-115), staff has determined that to ensure that incidents are reported accurately a change in some offenses were necessary.

It should also be noted that to help staff in determining whether an offender has been charged with the correct offense, the new list of offenses include “lesser and included” offenses, where applicable, with which an offender may be charged if it appears that the original charged offense is not the most appropriate charge. An offender may be found guilty of a “lesser and included” offense at any time during the disciplinary process.

Please ensure that all offenders are made aware of these changes in the offenses. Copies of this Executive Directive and the attached offenses are to be posted in all housing units as well as other locations where offenders will have access. Additionally, the facilities shall ensure that both staff and offenders are notified of this Executive Directive and the change in offenses through all other means appropriate to ensure that everyone knows of these changes.

When the new administrative procedures for Policy 02-04-101 are completed, the attached list of offenses will be incorporated. Additionally, these offenses shall be incorporated into a document that will be given to all offenders as soon as the administrative procedures has been reviewed.

If there are any questions regarding this Executive Directive or the attached list of offenses for the Disciplinary Code for Adult Offenders, please contact the Department’s Final Reviewing Authority for Disciplinary Matters, at [phone].



___Signature on File_____________
Edwin G. Buss
Commissioner

[IDOCO]

APPENDIX I: OFFENSES

MAJOR OFFENSES

CODE TITLE CODES FOR LESSER INCLUDED OFFENSE(S)

CLASS A OFFENSES

100 Violation of Law

Violation of any federal, state or local criminal law which involved an offense against a person and/or resulted in serious bodily injury, not otherwise covered by any other disciplinary code offense. (Must specify by name and criminal code number.)

102 Assault/Battery 212, 213, 372

Committing battery/assault upon another person with a weapon (including the throwing of body fluids or waste on another person) or inflicting serious bodily injury.

103 Rioting 223, 236, 351, 360

Encouraging, directing, commanding, coercing or signaling one or more other persons to participate in a disturbance to facility order caused by a group of two (2) or more offenders which creates a risk of injury to persons or property or participating in such a disturbance or remaining in a group where some members of the group are participating in such a disturbance.

106 Possession of Dangerous/Deadly 218
Contraband/Property

Possession or use of any explosive, ammunition, hazardous chemical (e.g., acids or corrosive agents) or dangerous or deadly weapon.

108 Escape 219, 355, 363

Intentionally fleeing from lawful detention or knowingly or intentionally failing to return to lawful detention following temporary leave or other authorized absence granted for a specific purpose or time period within two (2) hours after the designated return time.

111 Conspiracy/Attempting/Aiding or Abetting

Attempting or conspiring or aiding and abetting with another to commit any Class A offense.



113 Trafficking 233, 306, 353, 361

Engaging in trafficking (as defined in IC 35-44-3-9) with anyone who is not an offender residing in the same facility.

114 Sexual Act with a Visitor

Contact of a sexual nature by an offender with a visitor including: contact between the penis and the vagina or the penis and the anus including penetration, however slight; contact between the mouth and the penis, vagina or anus; or, penetration of the anal or genital opening of a visitor by a hand, finger or other object. (Does not include kicking, punching or grabbing the genitals when the intent is to harm or debilitate rather than to sexually exploit.)

115 Sexual Act with Another Offender. 205, 216

Contact of a sexual nature by an offender with another offender including: contact between the penis and the vagina or the penis and the anus including penetration, however slight; contact between the mouth and the penis, vagina or anus; or, penetration of the anal or genital opening of another offender by a hand, finger or other object. (Does not include kicking, punching or grabbing the genitals when the intent is to harm or debilitate rather than to sexually exploit.)

116 Refusing a Mandatory Program 347, 356, 371

Refusing to participate in a mandatory program (as authorized by statute or by order of the Commissioner), to include: failure to register for the program, failure to comply with the criteria for participation in the program, failure to cooperate with the staff presenting the program and being terminated from the program based upon failure to participate or for other behavioral reasons.

117 Assault on Staff 212, 236, 248, 372

Committing battery/assault upon any staff person, including contractors and volunteers, which results in bodily injury or serious bodily injury (including the throwing of body fluids or waste on a staff person).

118 Sexual Act with Staff 204, 216

Contact of a sexual nature by an offender with a staff person including: contact between the penis and the vagina or the penis and the anus including penetration, however slight; contact between the mouth and the penis, vagina or anus; or, penetration of the anal or genital opening of a staff person by a hand, finger or other object. (Does not include kicking, punching or grabbing the genitals when the intent is to harm or debilitate rather than to sexually exploit.)

CLASS B OFFENSES

200 Habitual Rule Violator (Class B)

Habitual Rule Violator (Being found guilty by a Hearing Officer or Unit Team/Treatment Team of any five (5) Class C rule violations involving five (5) unrelated incidents within the last six (6) months. This charge may be filed only by the Disciplinary Review Officer who is responsible for ascertaining that the offender meets the above criteria.

202 Possession or Use of Controlled Substance 344

Possession or use of any unauthorized substance controlled pursuant to the laws of the State of Indiana or the United States Code or possession of drug paraphernalia.

203 Refusal to Submit to Testing

Refusal to submit to any testing or sampling required by statute (e.g., DNA sampling) or refusal to submit to a test to determine the presence of alcohol or a controlled substance as ordered by staff, including failure to provide an adequate or unadulterated specimen for testing purposes.

204 Abusive Sexual Contact with Staff 216, 302

Contact of a sexual nature with a staff person which includes intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh or buttocks of any person. (Does not include kicking, punching or grabbing the genitals when the intent is to harm or debilitate rather than to sexually exploit.)

205 Abusive Sexual Contact with Visitor 216, 302

Contact of a sexual nature with a visitor which includes intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh or buttocks of any person. (Does not include kicking, punching or grabbing the genitals when the intent is to harm or debilitate rather than to sexually exploit.)

206 Abusive Sexual Contact with Another Offender 216, 302

Contact of a sexual nature with another offender which includes intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh or buttocks of any person.) (Does not include kicking, punching or grabbing the genitals when the intent is to harm or debilitate rather than to sexually exploit.)





207 Possession of Electronic Device 215, 228, 353

Unauthorized alteration, use or possession of any electronic device, including, but not limited to: computer, computer software, cellular telephone, pager, PDA, computer disk, CD/DVD, recording tape (audio or video) or associated hardware. (This offense includes accessing computers, software, the Internet, a facility LAN, etc. or using such in a manner not authorized by the Department of Correction and the alteration of authorized electrical devices, such as televisions, fans, etc, for unauthorized purposes, e.g., charging cellular telephones.)

208 Security Threat Group/Unauthorized 223, 246, 351, 360
Organizational Activity

Engaging, pressuring or authorizing others to engage in security threat group or unauthorized organizational activities, meetings or criminal acts; displaying, wearing, possessing or using security threat group or unauthorized organizational insignia or materials; or, giving security threat group or unauthorized organizational signs. Unauthorized organizational activity shall include engaging in the above activities by or on behalf of an organization that has not been approved by the Department of Correction.

209 Impairment of Surveillance 352, 364, 465

Using curtains, coverings or any other matter or object in an unauthorized manner that obstructs or otherwise impairs the line of vision into an offender’s cell or room or which obstructs or otherwise impairs any viewing panel or surveillance equipment, either audio or visual within the facility, including blocking staff’s view down a range.

212 Assault/Battery 236, 360, 372

Committing a battery/assault upon another person without a weapon or inflicting bodily injury.

213 Threatening 348, 364

Engaging in any of the following:

1. Communicating to another person a plan to physically harm, harass or intimidate that person or someone else.
2. Communicating a plan to cause damage to or loss of that person’s or another person’s property.
3. Communicating a plan to intentionally make an accusation that he/she knows is untrue or false




215 Unauthorized Possession of Property 228, 306, 353

Unauthorized possession, destruction, alteration, damage to, or theft of state property or property belonging to another.

216 Sexual Conduct 302

Engaging in any of the following:

1. Sexual intercourse, as defined in these administrative procedures, with the consent of the other person.
2. Sexual contact, as defined in these administrative procedures with the consent of the other person.
3. Requesting, hiring or telling another person to have sexual intercourse or sexual contact.
4. Exposing his/her own intimate parts to another person for the purpose of sexual arousal or gratification.
5. Having contact with or performing acts with an animal that would be sexual intercourse or sexual contact if with another person.
6. Clutching, fondling or touching the offender’s own intimate parts for the sexual arousal of the offender or others, whether clothed or unclothed, while observable by others.

218 Possession of Plans for Weapons

Possession of literature or plans regarding an explosive, ammunition or a dangerous or deadly weapon.

219 Possession of Escape Paraphernalia 352, 353, 364

Possession of escape paraphernalia including: a disguise, a mask, or a dummy or dummy-like object or a map or maps related to an escape or escape attempt or that may be used to aid an escape.

222 Arson 305

Setting a fire without authorization.

223 Group Demonstration/Work Stoppage 347, 351, 352, 356, 364

Engaging in, or encouraging others to engage in, a group demonstration, work stoppage or refusal to work.

226 Tampering with Lock 352, 364, 469

Tampering with, altering or blocking any locking device or mechanism or possession of any device that may be used to pick locks.



228 Possession of Altered Property 353

Unauthorized possession of any item of property that has been altered or modified from its intended use for the purpose of being used as a weapon.
230 Counterfeit Documents 350, 353

Counterfeiting, forging, or unauthorized reproduction or possession of any document, article, identification, money, passes, security or official paper.

231 Intoxicants 344

Making or possessing intoxicants, or being under the influence of any intoxicating substance (e.g., alcohol, inhalants).

233 Bribing/Giving 306, 353

Giving or offering a bribe or anything of value to a staff member, authorized volunteer, visitor or contractor or giving to or accepting from any person anything of value without proper authorization.

235 Fleeing/Resisting 347, 352, 364, 366

Fleeing or physically resisting a staff member in the performance of his/her duty.

236 Disorderly Conduct (Class B) 347, 360, 364

Disorderly conduct: exhibiting disruptive and violent conduct which disrupts the security of the facility or other area in which the offender is located.

240 Conspiracy/Attempting/Aiding or Abetting (Class B)

Attempting to commit any Class B offense; aiding, commanding, inducing, counseling, procuring or conspiring with another person to commit any Class B offense.

246 Possession of Offensive Material 353, 360

Unauthorized possession and/or display of any symbol, paraphernalia, photograph or any other item or behavior which is prohibited by Department of Correction policies, procedures or rules or which is offensive based upon an individual’s gender, race, religion, ethnic or personal background or which may intimidate another person based upon their gender, race, religion, ethnic or personal background, such as materials relating to a security threat group.



247 Possession or Solicitation of Unauthorized 361, 364
Personal Information

Possessing or soliciting unauthorized personal information regarding another offender, ex-offender, victim/witness or current or former staff person, including but not limited to personnel files, offender packets, medical or mental health records, photographs, Social Security Numbers, home addresses, financial information, or telephone numbers, except as authorized by a court order or as approved in writing by the Facility Head.

248 Assault on Staff 372

Committing battery/assault upon any staff person, including contractors and volunteers, which does not include the use of a weapon and which does not result in bodily injury.

MINOR OFFENSES

CLASS C OFFENSES

302 Sexual Gestures

Making overtures of a romantic nature or sexual gestures towards another person.

303 Filing Frivolous Claims

Filing a civil claim or action found to be frivolous, unreasonable or groundless by a federal, state or administrative court.

304 Disfigurement

Disfiguring, cutting, piercing, removing, mutilating, discoloring, tattooing anyone’s body, including ones own body, or possession of paraphernalia that can be used for this purpose.

305 Use/Possession of Tobacco

Possession and/or use of tobacco, tobacco associated products or unauthorized tobacco substitute products (including, but not limited to cigarette lighter, pack of matches, rolling papers, etc.)

306 Possession of Money

Unauthorized possession of money or currency.

307 Unauthorized Possession of Food Items

Obtaining more meals or food items from the Dining Hall or other area in which food is served than authorized.

344 Misuse of Medication

Misuse of authorized medication or possession of unauthorized medication.

346 Business Activity

Unauthorized participation in any business activity or any activity not authorized under Policy 02-01-116.

347 Refusing an Order

Refusing to obey an order from any staff member. An offender may be guilty of this offense if the offender knew or reasonably should have known that the order existed or was in effect.

348 Insolent/Vulgar/Profane Behavior

Insolence, vulgarity or profanity toward staff or visitors.

350 Lying to Anyone

Lying or providing a false statement.

351 Unauthorized Meeting

Participating in any unauthorized meeting or gathering.

352 Interfering with Counts

Failing to stand count, being late for count or interfering with the taking
of count.

353 Unauthorized Possession of Property

Any unauthorized possession, alteration, removal or relocation of personal property.

355 Violating Temporary Leave/Pass Rules

Violating any rule, regulation, or condition associated with temporary
leaves and/or passes.

356 Refusing an Assignment

Refusing to work or accept a work, program or housing assignment or unauthorized absence from any work or program assignment.



357 Motor Vehicle Violations

Unauthorized use, operation or possession of a motor vehicle, driver’s license, motor vehicle keys or registration.

360 Disruptive Behavior

Disruptive, unruly, rowdy conduct, making unreasonable noise or disturbing other people, arguing or horseplay.

361 Abuse of Mail/Telephones/Visits

Unauthorized use or abuse of mail, telephones, or visitation.

362 Conspiracy/Attempting/Aiding or Abetting (Class C)

Attempting to commit any Class C offense; aiding, commanding, inducing, counseling, procuring or conspiring with another person to commit any Class C offense.

363 Community Re-Entry Center/Community Transition Program Violations

Commission of any of the below acts by Community Re-Entry Center/Community Transition Program participants:

(A) Refusing employment or the opportunity to seek employment, resigning or being discharged from employment without the approval of the Facility Head.

(B) Failure to turn in all wages, tips, monetary compensations, pay stubs or statements of earnings to staff.

(C) Securing or using any identification card other than the approved offender identification card unless approved by the Facility Head or designee to possess an employment identification card from the offender’s approved place of employment.

(D) Failing to report to work/school as scheduled, being absent from work/school, failing to return to the center/program within prescribed time limits unless approved by the Facility Head.

(E) Failure to go to, or from, the approved destination, by the approved route or approved method of transportation.

364 Interfering with Staff

Interfering with a staff member in the performance of his/her duties.



366 Unauthorized Area

Entering or remaining in a room or area other than the room or area to which the offender is assigned, without permission of authorized staff, or leaving a room or area where the offender is required to be, without permission of the staff person supervising the activity or without a valid pass to go somewhere else at that time. This offense includes entering the living area (cell, bed area, etc.) of another offender without permission from staff or facility rules or permitting another offender to enter the offender’s living area without permission from staff or facility rules and includes reaching or leaning into or putting any object or part of the body into another offender’s living area.

367 Gambling

Gambling or possession of gambling paraphernalia, or preparing or conducting a gambling pool, lottery, drawing or other game of chance.

368 Sexual Contact

Contact between persons that includes any of the following:

1. Kissing and hugging, except for that allowed under Department policy and administrative procedures;
2. Handholding, except for that allowed under Department policy and administrative procedures;

370 Cruelty to Animals

Striking, hitting, punching or kicking any animal or deliberately abusing or mistreating any animal, including those under the care and control of the Department.

371 Inadequate Work/Study Performance

Failing to meet the standards set for performance on a work assignment or program assignment if the offender has the ability to meet those standards, including: failure to submit program assignments, deliberately participating in a work slow down, refusing to follow work standards established for a work assignment.

372 Fighting

Participating in a situation where two (2) or more people are trying to injure each other by any physical means where no weapons are involved and no serious bodily injury occurs.




373 Punctuality and Attendance

Failure to attend and be on time for all activities for which an offender is scheduled, unless:

1. The offender is sick and reports this to staff as required by the facility.
2. The offender has a valid pass to be in another location.
3. The offender is authorized to not attend the event or activity.

CLASS D OFFENSES

465 Violating Facility Rule

Violating any facility rule, regulation, or standing order if said rule, regulation, or standing order has been posted or otherwise communicated to the offender.

469 Violation of Safety/Sanitation Rules

Failure to follow safety or sanitation regulations, using any equipment or machinery unless specifically authorized to do so or operating such equipment or machinery in a manner contrary to instructions or posted standards.

472 Failure to Maintain Personal Hygiene Standards

Being unsanitary or untidy; failure to keep ones person or ones quarters in accordance with standards which have been posted or otherwise communicated. This offense includes failure to maintain personal cleanliness or grooming to the point that the offender presents a health hazard or is offensive to others and who has knowledge of this condition and the opportunity to correct it. Offenders shall be expected to shower at a minimum of once per week unless the offender has a documented medical excuse.

473 Unauthorized Contact

Unauthorized contact with the public including physical contact with a member of the public and oral communication with the public which has not been approved by staff.