Code of Federal Regulations (alpha)

CFR /  Title 28  /  Part 541  /  Sec. 541.3 Prohibited acts and available sanctions.

(a) Prohibited acts. The list of prohibited acts are divided into four separate categories based on severity: Greatest; High; Moderate; and Low. We describe the prohibited acts in Table 1--Prohibited Acts and Available Sanctions. Aiding, attempting, abetting, or making plans to commit any of the prohibited acts is treated the same as committing the act itself.

(b) Available sanctions. The list of available sanctions for committing prohibited acts is listed in Table 1--Prohibited Acts and Available Sanctions. If you commit repetitive prohibited acts, we can impose increased sanctions, as listed in Table 2--Additional Available Sanctions for Repeated Prohibited Acts Within the Same Severity Level.

Table 1--Prohibited Acts and Available Sanctions------------------------------------------------------------------------

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Greatest Severity Level Prohibited Acts

100................. Killing.101................. Assaulting any person, or an armed assault on the

institution's secure perimeter (a charge for

assaulting any person at this level is to be used

only when serious physical injury has been

attempted or accomplished).102................. Escape from escort; escape from any secure or non-

secure institution, including community

confinement; escape from unescorted community

program or activity; escape from outside a secure

institution.103................. Setting a fire (charged with this act in this

category only when found to pose a threat to life

or a threat of serious bodily harm or in

furtherance of a prohibited act of Greatest

Severity, e.g., in furtherance of a riot or

escape; otherwise the charge is properly

classified Code 218, or 329).104................. Possession, manufacture, or introduction of a gun,

firearm, weapon, sharpened instrument, knife,

dangerous chemical, explosive, ammunition, or any

instrument used as a weapon.105................. Rioting.106................. Encouraging others to riot.107................. Taking hostage(s).108................. Possession, manufacture, introduction, or loss of

a hazardous tool (tools most likely to be used in

an escape or escape attempt or to serve as

weapons capable of doing serious bodily harm to

others; or those hazardous to institutional

security or personal safety; e.g., hack-saw

blade, body armor, maps, handmade rope, or other

escape paraphernalia, portable telephone, pager,

or other electronic device).109................. (Not to be used).110................. Refusing to provide a urine sample; refusing to

breathe into a Breathalyzer; refusing to take

part in other drug-abuse testing.111................. Introduction or making of any narcotics,

marijuana, drugs, alcohol, intoxicants, or

related paraphernalia, not prescribed for the

individual by the medical staff.112................. Use of any narcotics, marijuana, drugs, alcohol,

intoxicants, or related paraphernalia, not

prescribed for the individual by the medical

staff.113................. Possession of any narcotics, marijuana, drugs,

alcohol, intoxicants, or related paraphernalia,

not prescribed for the individual by the medical

staff.114................. Sexual assault of any person, involving non-

consensual touching by force or threat of force.115................. Destroying and/or disposing of any item during a

search or attempt to search.196................. Use of the mail for an illegal purpose or to

commit or further a Greatest category prohibited

act.197................. Use of the telephone for an illegal purpose or to

commit or further a Greatest category prohibited

act.198................. Interfering with a staff member in the performance

of duties most like another Greatest severity

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

severity prohibited acts.199................. Conduct which disrupts or interferes with the

security or orderly running of the institution or

the Bureau of Prisons most like another Greatest

severity 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 severity prohibited acts.

Available Sanctions for Greatest Severity Level Prohibited Acts

A................... Recommend parole date rescission or retardation.B................... Forfeit and/or withhold earned statutory good time

or non-vested good conduct time (up to 100%) and/

or terminate or disallow extra good time (an

extra good time or good conduct time sanction may

not be suspended).B.1................. Disallow ordinarily between 50% and 75% (27-41

days) of good conduct time credit available for

year (a good conduct time sanction may not be

suspended).C................... Disciplinary segregation (up to 12 months).D................... Make monetary restitution.E................... Monetary fine.F................... Loss of privileges (e.g., visiting, telephone,

commissary, movies, recreation).G................... Change housing (quarters).H................... Remove from program and/or group activity.I................... Loss of job.J................... Impound inmate's personal property.K................... Confiscate contraband.L................... Restrict to quarters.M................... Extra duty.

High Severity Level Prohibited Acts

200................. Escape from a work detail, non-secure institution,

or other non-secure confinement, including

community confinement, with subsequent voluntary

return to Bureau of Prisons custody within four

hours.201................. Fighting with another person.202................. (Not to be used).203................. Threatening another with bodily harm or any other

offense.204................. Extortion; blackmail; protection; demanding or

receiving money or anything of value in return

for protection against others, to avoid bodily

harm, or under threat of informing.205................. Engaging in sexual acts.206................. Making sexual proposals or threats to another.207................. Wearing a disguise or a mask.208................. Possession of any unauthorized locking device, or

lock pick, or tampering with or blocking any lock

device (includes keys), or destroying, altering,

interfering with, improperly using, or damaging

any security device, mechanism, or procedure.209................. Adulteration of any food or drink.210................. (Not to be used).211................. Possessing any officer's or staff clothing.212................. Engaging in or encouraging a group demonstration.

213................. Encouraging others to refuse to work, or to

participate in a work stoppage.214................. (Not to be used).215................. (Not to be used).216................. Giving or offering an official or staff member a

bribe, or anything of value.217................. Giving money to, or receiving money from, any

person for the purpose of introducing contraband

or any other illegal or prohibited purpose.218................. Destroying, altering, or damaging government

property, or the property of another person,

having a value in excess of $100.00, or

destroying, altering, damaging life-safety

devices (e.g., fire alarm) regardless of

financial value.219................. Stealing; theft (including data obtained through

the unauthorized use of a communications device,

or through unauthorized access to disks, tapes,

or computer printouts or other automated

equipment on which data is stored).220................. Demonstrating, practicing, or using martial arts,

boxing (except for use of a punching bag),

wrestling, or other forms of physical encounter,

or military exercises or drill (except for drill

authorized by staff).221................. Being in an unauthorized area with a person of the

opposite sex without staff permission.222................. (Not to be used).223................. (Not to be used).224................. Assaulting any person (a charge at this level is

used when less serious physical injury or contact

has been attempted or accomplished by an inmate).225................. Stalking another person through repeated behavior

which harasses, alarms, or annoys the person,

after having been previously warned to stop such

conduct.226................. Possession of stolen property.227................. Refusing to participate in a required physical

test or examination unrelated to testing for drug

abuse (e.g., DNA, HIV, tuberculosis).228................. Tattooing or self-mutilation.229................. Sexual assault of any person, involving non-

consensual touching without force or threat of

force.296................. Use of the mail for abuses other than criminal

activity which circumvent mail monitoring

procedures (e.g., use of the mail to commit or

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; and using a

fictitious return address in an attempt to send

or receive unauthorized correspondence).297................. Use of the telephone for abuses other than illegal

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.298................. 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.299................. 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.

Available Sanctions for High Severity Level Prohibited Acts

A................... Recommend parole date rescission or retardation.B................... Forfeit and/or withhold earned statutory good time

or non-vested good conduct time up to 50% or up

to 60 days, whichever is less, and/or terminate

or disallow extra good time (an extra good time

or good conduct time sanction may not be

suspended).B.1................. Disallow ordinarily between 25% and 50% (14-27

days) of good conduct time credit available for

year (a good conduct time sanction may not be

suspended).C................... Disciplinary segregation (up to 6 months).D................... Make monetary restitution.E................... Monetary fine.F................... Loss of privileges (e.g., visiting, telephone,

commissary, movies, recreation).G................... Change housing (quarters).H................... Remove from program and/or group activity.I................... Loss of job.J................... Impound inmate's personal property.K................... Confiscate contraband.L................... Restrict to quarters.M................... Extra duty.

Moderate Severity Level Prohibited Acts

300................. Indecent Exposure.301................. (Not to be used).302................. Misuse of authorized medication.303................. Possession of money or currency, unless

specifically authorized, or in excess of the

amount authorized.304................. Loaning of property or anything of value for

profit or increased return.305................. Possession of anything not authorized for

retention or receipt by the inmate, and not

issued to him through regular channels.306................. Refusing to work or to accept a program

assignment.307................. Refusing to obey an order of any staff member (may

be categorized and charged in terms of greater

severity, according to the nature of the order

being disobeyed, e.g., failure to obey an order

which furthers a riot would be charged as 105,

Rioting; refusing to obey an order which furthers

a fight would be charged as 201, Fighting;

refusing to provide a urine sample when ordered

as part of a drug-abuse test would be charged as

110).308................. Violating a condition of a furlough.

309................. Violating a condition of a community program.310................. Unexcused absence from work or any program

assignment.311................. Failing to perform work as instructed by the

supervisor.312................. Insolence towards a staff member.313................. Lying or providing a false statement to a staff

member.314................. Counterfeiting, forging, or unauthorized

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 effect escape, Code 102).315................. Participating in an unauthorized meeting or

gathering.316................. Being in an unauthorized area without staff

authorization.317................. Failure to follow safety or sanitation regulations

(including safety regulations, chemical

instructions, tools, MSDS sheets, OSHA

standards).318................. Using any equipment or machinery without staff

authorization.319................. Using any equipment or machinery contrary to

instructions or posted safety standards.320................. Failing to stand count.321................. Interfering with the taking of count.322................. (Not to be used).323................. (Not to be used).324................. Gambling.325................. Preparing or conducting a gambling pool.326................. Possession of gambling paraphernalia.327................. Unauthorized contacts with the public.328................. Giving money or anything of value to, or accepting

money or anything of value from, another inmate

or any other person without staff authorization.329................. Destroying, altering, or damaging government

property, or the property of another person,

having a value of $100.00 or less.330................. Being unsanitary or untidy; failing to keep one's

person or quarters in accordance with posted

standards.331................. Possession, manufacture, introduction, or loss of

a non-hazardous tool, equipment, supplies, or

other non-hazardous contraband (tools not likely

to be used in an escape or escape attempt, or to

serve as a weapon capable of doing serious bodily

harm to others, or not hazardous to institutional

security or personal safety) (other non-hazardous

contraband includes such items as food,

cosmetics, cleaning supplies, smoking apparatus

and tobacco in any form where prohibited, and

unauthorized nutritional/dietary supplements).332................. Smoking where prohibited.333................. Fraudulent or deceptive completion of a skills

test (e.g., cheating on a GED, or other

educational or vocational skills test).334................. Conducting a business; conducting or directing an

investment transaction without staff

authorization.335................. Communicating gang affiliation; participating in

gang related activities; possession of

paraphernalia indicating gang affiliation.336................. Circulating a petition.396................. Use of the mail for abuses other than criminal

activity which do not circumvent mail monitoring;

or use of the mail to commit or further a

Moderate category prohibited act.397................. Use of the telephone for abuses other than illegal

activity which do not 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 Moderate category prohibited

act.398................. Interfering with a staff member in the performance

of duties most like another Moderate severity

prohibited act. This charge is to be used only

when another charge of Moderate severity is not

accurate. The offending conduct must be charged

as ``most like'' one of the listed Moderate

severity prohibited acts.399................. Conduct which disrupts or interferes with the

security or orderly running of the institution or

the Bureau of Prisons most like another Moderate

severity prohibited act. This charge is to be

used only when another charge of Moderate

severity is not accurate. The offending conduct

must be charged as ``most like'' one of the

listed Moderate severity prohibited acts.

Available Sanctions for Moderate Severity Level Prohibited Acts

A................... Recommend parole date rescission or retardation.B................... Forfeit and/or withhold earned statutory good time

or non-vested good conduct time up to 25% or up

to 30 days, whichever is less, and/or terminate

or disallow extra good time (an extra good time

or good conduct time sanction may not be

suspended).B.1................. Disallow ordinarily up to 25% (1-14 days) of good

conduct time credit available for year (a good

conduct time sanction may not be suspended).C................... Disciplinary segregation (up to 3 months).D................... Make monetary restitution.E................... Monetary fine.F................... Loss of privileges (e.g., visiting, telephone,

commissary, movies, recreation).G................... Change housing (quarters).H................... Remove from program and/or group activity.I................... Loss of job.J................... Impound inmate's personal property.K................... Confiscate contraband.L................... Restrict to quarters.M................... Extra duty.

Low Severity Level Prohibited Acts

400................. (Not to be used).401................. (Not to be used).402................. Malingering, feigning illness.

403................. (Not to be used).404................. Using abusive or obscene language.405................. (Not to be used).406................. (Not to be used).407................. Conduct with a visitor in violation of Bureau

regulations.408................. (Not to be used).409................. Unauthorized physical contact (e.g., kissing,

embracing).498................. Interfering with a staff member in the performance

of duties most like another Low severity

prohibited act. This charge is to be used only

when another charge of Low severity is not

accurate. The offending conduct must be charged

as ``most like'' one of the listed Low severity

prohibited acts.499................. Conduct which disrupts or interferes with the

security or orderly running of the institution or

the Bureau of Prisons most like another Low

severity prohibited act. This charge is to be

used only when another charge of Low severity is

not accurate. The offending conduct must be

charged as ``most like'' one of the listed Low

severity prohibited acts.

Available Sanctions for Low Severity Level Prohibited Acts

B.1................. Disallow ordinarily up to 12.5% (1-7 days) of good

conduct time credit available for year (to be

used only where inmate found to have committed a

second violation of the same prohibited act

within 6 months); Disallow ordinarily up to 25%

(1-14 days) of good conduct time credit available

for year (to be used only where inmate found to

have committed a third violation of the same

prohibited act within 6 months) (a good conduct

time sanction may not be suspended).D................... Make monetary restitution.E................... Monetary fine.F................... Loss of privileges (e.g., visiting, telephone,

commissary, movies, recreation).G................... Change housing (quarters).H................... Remove from program and/or group activity.I................... Loss of job.J................... Impound inmate's personal property.K................... Confiscate contraband.L................... Restrict to quarters.M................... Extra duty.------------------------------------------------------------------------

Table 2--Additional Available Sanctions for Repeated Prohibited Acts Within the Same Severity Level----------------------------------------------------------------------------------------------------------------

Time period for prior Frequency of repeated Additional available

Prohibited act severity level offense (same code) offense sanctions----------------------------------------------------------------------------------------------------------------Low Severity (400 level)........... 6 months.............. 2nd offense........... 1. Disciplinary segregation

(up to 1 month).

2. Forfeit earned SGT or

non-vested GCT up to 10%

or up to 15 days,

whichever is less, and/or

terminate or disallow

extra good time (EGT) (an

EGT sanction may not be

suspended).

3rd or more offense Any available Moderate

severity level sanction

(300 series).Moderate Severity (300 level)...... 12 months............. 2nd offense........... 1. Disciplinary segregation

(up to 6 months).

2. Forfeit earned SGT or

non-vested GCT up to 37\1/

2\% or up to 45 days,

whichever is less, and/or

terminate or disallow EGT

(an EGT sanction may not

be suspended).

3rd or more offense. Any available High severity

level sanction (200

series).High Severity (200 level).......... 18 months............. 2nd offense........... 1. Disciplinary segregation

(up to 12 months).

2. Forfeit earned SGT or

non-vested GCT up to 75%

or up to 90 days,

whichever is less, and/or

terminate or disallow EGT

(an EGT sanction may not

be suspended).

3rd or more offense Any available Greatest

severity level sanction

(100 series).Greatest Severity (100 level)...... 24 months............. 2nd or more offense... Disciplinary Segregation

(up to 18 months).---------------------------------------------------------------------------------------------------------------- [75 FR 76267, Dec. 8, 2010; 75 FR 81854, Dec. 29, 2010]