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(1) Greatest category offenses. The Discipline Hearing Officer (DHO) shall impose and execute one or more of sanctions A through E. Sanction B.1 must be imposed for a VCCLEA inmate rated as violent (i.e., an inmate who, as specified in the Violent Crime Control and Law Enforcement Act of 1994, committed a crime of violence on or after September 13, 1994) and for a PLRA inmate (i.e., an inmate who has been sentenced for an offense committed on or after April 26, 1996). The DHO may impose and execute sanction F and/or G only in addition to execution of one or more of sanctions A through E. Except as noted in the sanction, the DHO may also suspend one or more additional sanctions A through G.

(2) High category offenses. The Discipline Hearing Officer shall impose and execute one or more of sanctions A through M, and, except as noted in the sanction, may also suspend one or more additional sanctions A through M. Sanction B.1 must be imposed for a VCCLEA inmate rated as violent and for a PLRA inmate. The Unit Discipline Committee shall impose and execute one or more of sanctions G through M, and may also suspend one or more additional sanctions G through M, except for a VCCLEA inmate rated as violent. All high category offense charges for a VCCLEA inmate rated as violent and for a PLRA inmate must be referred to the DHO.

(3) Moderate category offenses. The Discipline Hearing Officer shall impose at least one sanction A through N, but, except as noted in the sanction, may suspend any sanction or sanctions imposed. Sanction B.1 ordinarily must be imposed for a VCCLEA inmate rated as violent and for a PLRA inmate. Except for charges referred to the DHO, the Unit Discipline Committee shall impose at least one sanction G through N, but may suspend any sanction or sanctions imposed. The UDC ordinarily shall refer to the DHO a moderate category charge for a VCCLEA inmate rated as violent or for a PLRA inmate if the inmate had been found to have committed a moderate category offense during the inmate's current anniversary year (i.e., the twelve month period of time for which an inmate may be eligible to earn good conduct time).

The UDC must thoroughly document in writing the reasons why the charge for such an inmate was not referred to the DHO.

(4) Low moderate category offenses. The Discipline Hearing Officer shall impose at least one sanction B.1, or E through P. The Discipline Hearing Officer may suspend any E through P sanction or sanctions imposed (a B.1 sanction may not be suspended). Except for charges referred to the DHO, the Unit Discipline Committee (UDC) shall impose at least one sanction G through P, but may suspend any sanction or sanctions imposed. The UDC ordinarily shall refer to the DHO a low moderate category charge for a VCCLEA inmate rated as violent or for a PLRA inmate if the inmate had been found to have committed two low moderate category offenses during the inmate's current anniversary year (i.e., (i.e., the twelve month period of time for which an inmate may be eligible to earn good conduct time). The UDC must thoroughly document in writing the reasons why the charge for such an inmate was not referred to the DHO.

(b) Aiding another person to commit any of these offenses, attempting to commit any of these offenses, and making plans to commit any of these offenses, in all categories of severity, shall be considered the same as a commission of the offense itself. In these cases, the letter "A" is combined with the offense code. For example, planning an escape would be considered as Escape and coded 102A. Likewise, attempting the adulteration of any food or drink would be coded 209A.

(c) Suspensions of any sanction cannot exceed six months. Revocation and execution of a suspended sanction require that the inmate first is found to have committed any subsequent prohibited act. Only the Discipline Hearing Officer (DHO) may execute, suspend, or revoke and execute suspension of sanctions A through F. The Discipline Hearing Officer (DHO) or Unit Discipline Committee (UDC) may execute, suspend, or revoke and execute suspensions of sanctions G through P. Revocations and execution of suspensions may be made only at the level (DHO or UDC) which originally imposed the sanction. The DHO now has

that authority for suspensions which were earlier imposed by the Inmate Discipline Committee (IDC).

vise the Unit Discipline Committee who may then revoke the previous suspension.

(d) If the Unit Discipline Committee has previously imposed a suspended sanction and subsequently refers a case to the Discipline Hearing Officer, the referral shall include an advisement to the DHO of any intent to revoke that suspension if the DHO finds that the prohibited act was committed. If the DHO then finds that the prohibited act was committed, the DHO shall so adTABLE 3-PROHIBITED ACTS AND DISCIPLINARY SEVERITY SCALE

(e) The Unit Discipline Committee or Discipline Hearing Officer may impose increased sanctions for repeated, frequent offenses according to the guidelines presented in table 5.

(f) Sanctions by severity of prohibited act, with eligibility for restoration of forfeited and withheld statutory good time are presented in table 6.

Code

Prohibited acts

GREATEST CATEGORY

Sanctions

The UDC shall refer all Greatest Severity Prohibited Acts to the DHO with recommendations as to an appropriate disposition.

100 Killing
101 Assaulting any person (includes sexual assault) or an armed as-
sault on the institution's secure perimeter (a charge for assault-
ing any person at this level is to be used only when serious
physical injury has been attempted or carried out by an inmate)
102 Escape from escort; escape from a secure institution (low, me-
dium, and high security level and administrative institutions); or
escape from a minimum institution with violence

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 or any ammunition

105 Rioting

106 Encouraging others to riot 107 Taking hostage(s)

108 Possession, manufacture, or introduction 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)

109 (Not to be used)

110 Refusing to provide a urine sample or to take part in other drugabuse testing

111 Introduction of any narcotics, marijuana, drugs, or related paraphernalia not prescribed for the individual by the medical staff 112 Use of any narcotics, marijuana, drugs, or related paraphernalia not prescribed for the individual by the medical staff

113 Possession of any narcotics, marijuana, drugs, or related paraphernalia not prescribed for the individual by the medical staff 198 Interfering with a staff member in the performance of duties. (Conduct must be of the Greatest Severity nature.) This charge is to be used only when another charge of greatest severity is not applicable

199 Conduct which disrupts or interferes with the security or orderly running of the institution or the Bureau of Prisons. (Conduct must be of the Greatest Severity nature.) This charge is to be used only when another charge of greatest severity is not applicable

A. Recommend parole date re-
scission or retardation.

B. Forfeit earned statutory good
time or non-vested good con-
duct 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 avail-
able for year (a good conduct
time sanction may not be sus-
pended).

C. Disciplinary Transfer (rec-
ommend).

D. Disciplinary segregation (up
to 60 days).

E. Make monetary restitution.
F. Withhold statutory good time
(Note-can be in addition to A
through E-cannot be the only
sanction executed).

G. Loss of privileges (Note-can
be in addition to A through
E cannot be the only sanc-
tion executed).

TABLE 3-PROHIBITED ACTS AND DISCIPLINARY SEVERITY SCALE-Continued

Code

Prohibited acts

HIGH CATEGORY

Sanctions

200 Escape from unescorted Community Programs and activities and Open Institutions (minimum) and from outside secure institutions-without violence

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 Introduction of alcohol into BOP facility

216 Giving or offering an official or staff member a bribe, or anything of value

A. Recommend parole date rescission or retardation.

B. Forfeit 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 transfer (recommend).

D. Disciplinary segregation (up
to 30 days).

E. Make monetary restitution.
F. Withhold statutory good time.
G. Loss of privileges: com-
missary, movies, recreation,
etc.

217 Giving money to, or receiving money from, any person for pur-H. poses of introducing contraband or for any other illegal or prohibited purposes

218 Destroying, altering, or damaging government property, or the property of another person, having a value in excess of $100.00 or destroying, altering, or damaging life-safety devices (e.g., fire alarm) regardless of financial value

219 Stealing (theft; this includes data obtained through the unauthorized use of a communications facility, or through the 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 and conducted by staff)

221 Being in an unauthorized area with a person of the opposite sex without staff permission

222 Making, possessing, or using intoxicants

223 Refusing to breathe into a breathalyzer or take part in other testing for use of alcohol

224 Assaulting any person (charged with this act only when a less serious physical injury or contact has been attempted or carried out by an inmate)

298 Interfering with a staff member in the performance of duties. (Conduct must be of the High Severity nature.) This charge is to be used only when another charge of high severity is not appli

cable

299 Conduct which disrupts or interferes with the security or orderly running of the institution or the Bureau of Prisons. (Conduct must be of the High Severity nature.) This charge is to be used only when another charge of high severity is not applicable

Change housing (quarters).

I. Remove from program and/or group activity.

J. Loss of job.

K. Impound inmate's personal
property.

L. Confiscate contraband.
M. Restrict to quarters.

TABLE 3-PROHIBITED ACTS AND DISCIPLINARY SEVERITY SCALE-Continued

Code

Prohibited acts

MODERATE CATEGORY

Sanctions

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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 re

turn

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 cat-
egorized 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; re-
fusing to obey an order which furthers a fight would be charged
as 201, Fighting; refusing to provide a urine sample when or-
dered would be charged as Code 110

308 Violating a condition of a furlough

309 Violating a condition of a community program

310 Unexcused absence from work or any 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 docu-
ment, 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 re-
lease papers to effect escape, Code 102 or Čode 200)

315 Participating in an unauthorized meeting or gathering

316 Being in an unauthorized area

317 Failure to follow safety or sanitation regulations

318 Using any equipment or machinery which is not specifically authorized

319 Using any equipment or machinery contrary to instructions or post

ed 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 and one's quarters in accordance with posted standards

A. Recommend parole date rescission or retardation.

B. Forfeit earned statutory good
time or non-vested good con-
duct 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 sus-
pended).

B.1 Disallow ordinarily up to
25% (1-14 days) of good con-
duct time credit available for
year (a good conduct time
sanction may not be
not be sus-
pended).

C. Disciplinary transfer (rec-
ommend).

D. Disciplinary segregation (up
to 15 days).

E. Make monetary restitution.
F. Withhold statutory good time.
G. Loss of privileges: com-
missary, movies, recreation,
etc.

H. Change housing (quarters).
I. Remove from program and/or
group activity.

J. Loss of job.

K. Impound inmate's personal
property.

L. Confiscate contraband.
M. Restrict to quarters.

N. Extra duty.

TABLE 3-PROHIBITED ACTS AND DISCIPLINARY SEVERITY SCALE-Continued

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NOTE: Aiding another person to commit any of these offenses, attempting to commit any of these offenses, and making plans to commit any of these offenses, in all categories of severity, shall be considered the same as a commission of the offense itself.

TABLE 4-SANCTIONS

1. Sanctions of the Discipline Hearing Officer: (upon finding the inmate committed the prohibited act)

(a) Recommend parole date rescission or retardation. The DHO may make recommendations to the U.S. Parole Commission for retardation or rescission of parole grants. This may require holding fact-finding hearings

upon request of or for the use of the Commission.

(b) Forfeit earned statutory good time, nonvested good conduct time, and/or terminate or disallow extra good time. The statutory good time available for forfeiture is limited to an amount computed by multiplying the number of months served at the time of the offense for which forfeiture action is taken, by

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