Shown below are amendments to chapter 137-28 WAC, Prisons -- Discipline. These amendments are submitted for publication in the Washington State Register and the Washington Administrative Code. Pertinent information follows:

1. The amendments to chapter 137-28 WAC, Prisons -- Discipline is adopted as of November 6, 2001.

2. The effective date of this amendment shall be December 6, 2001.

3. I certify pursuant to RCW 34.05.030 that the rule as stated above is excluded from the Administrative Procedure Act.

Joseph D. Lehman

Secretary

OTS-5175.2

AMENDATORY SECTION(Amending WSR 00-10-079, filed 5/2/00, effective 6/2/00)

WAC 137-28-220   General infractions.   (1) Any of the following types of behavior may constitute a general infraction:

Unauthorized possession/theft
051	-	Unauthorized possession of money, stamps or negotiable instruments the total value of which is less than five dollars.
053	-	Possession of anything not authorized for retention or receipt by an inmate and/or not issued to an inmate by regular institutional channels.
255	-	Misuse or waste of issued supplies, goods, services or property, the replacement value of which is less than ten dollars.
310	-	Pretending or failing to take prescribed medication that the inmate has accepted by concealing or retaining a single or daily dose.
354	-	Theft of food, the value of which is five dollars or less.
356	-	Possession of unauthorized amount of otherwise authorized clothing, bedding, or issued supplies.
Loaning/trading
052	-	Loaning of property for profit.
351	-	Giving, selling, borrowing, lending, or trading money or anything of value to, or accepting or purchasing money or anything of value from, another inmate or that inmate's friend(s) or family the value of which is less than ten dollars.
Altering/destroying property
055	-	Mutilating, altering, defacing or destroying any item valued at less than ten dollars and that is not the personal property of the inmate.
Disruptive behavior/lying
202	-	Abusive language, harassment or other offensive behavior directed to or in the presence of staff, visitors, inmates, or other persons or groups.
203	-	Lying to a staff member.
244	-	Unauthorized displays of sexual affection with another inmate.
353	-	Disruptive behavior.
355	-	Horseplay, roughhousing or any other unauthorized physical contact between inmates.
520	-	Unauthorized demonstration, practice or use of martial arts.
Failure to follow rules and orders
102	-	Failure to follow any written rules or policies adopted by the institution and not specified within this chapter or in local disciplinary rules.
103	-	Refusing or failing to obey an order, oral or written, of any staff member.
210	-	Out of bounds; being in an area where the presence of the inmate is unauthorized.
214	-	Interfering or failing to comply with count procedures.
251	-	Smoking and possession of tobacco products where prohibited.
301	-	Failure to keep your person or your quarters in accordance with institution rules or policies.
661	-	Performing or taking part in an unauthorized marriage.
Unauthorized communication/visitor contact
303	-	Unauthorized use of mail or telephone.
304	-	Unwanted written and telephonic communications to any person.
305	-	Correspondence or conduct with a visitor in violation of published or posted rules and policies.
309	-	Unauthorized display of affection with a visitor.
Inappropriate use of equipment
212	-	Using any equipment or machinery when not specifically authorized.
213	-	Using any equipment or machinery contrary to instructions or safety standards.
Unexcused absence/feigning illness
104	-	Unexcused absence from work or any assignment, scheduled meeting, appointment, or call out.
352	-	Pretending to be ill or injured contrary to medical/mental health screening results.
Inappropriate sexual behavior
728(a)	-	Possession of any written, photographic or hand-drawn material that depicts a sexually explicit act as defined in WAC 137-28-160.

(2) In determining whether a #728(a) infraction or a #728(b) infraction pursuant to WAC 137-28-260 should be charged, the infracting officer shall consider mitigating factors as defined in WAC 137-28-160.

[Statutory Authority: RCW 72.01.090. 00-10-079, 137-28-220, filed 5/2/00, effective 6/2/00; 97-03-041, 137-28-220, filed 1/10/97, effective 2/4/97. 95-15-044, 137-28-220, filed 7/13/95, effective 8/15/95.]

For being found guilty of any general infraction, one or more of the following sanctions may be imposed:

(1) Reprimand or warning;

(2) Issuance of a written order to cease a problematic behavior. The order will include a warning that if the behavior is repeated within a specified period (not to exceed one hundred eighty days) the inmate will be charged with violation of serious violation (WAC 137-28-260) #658.

(3) Loss of a privilege or privileges as specified by the supervisor or unit team for not more than ten days on a first offense, twenty days on a second offense, and thirty days on a third offense within a six-month period;

(4) Confinement to room or cell except for attendance at work or school assignment, religious service, or meals, or law library if a documented court deadline has been imposed, not to exceed ten days;

(5) Up to one hundred twenty hours of extra work duty.

[95-15-044, 137-28-240, filed 7/13/95, effective 8/15/95.]

(1) Assault/threatening actions/causing injury to another person
501	-	Committing homicide.
502	-	Aggravated assault on another offender.
503	-	Extortion, blackmail, or demanding or receiving money or anything of value in return for protection against others, or under threat of informing.
505	-	Fighting with any person.
506	-	Threatening another with bodily harm or with any offense against another person, property or family.
508	-	Throwing objects, materials, substances or spitting at staff, visitors, or other inmates.
511	-	Aggravated assault on a visitor.
520	-	Unauthorized demonstration, practice or use of martial arts.
521	-	Taking or holding any person hostage.
588	-	Causing a valid and documented threat of transmission of a contagious disease to any person due to intentional, negligent or reckless action.
((599	-	Careless behavior that causes injury to another offender.))
604	-	Aggravated assault on a staff member.
633	-	Assault on another offender.
663	-	Using physical force, intimidation or coercion against any person.
((699	-	Careless behavior that causes injury to a staff member.))
704	-	Assault on a staff member.
711	-	Assault on a visitor.
717	-	Causing a threat of injury to another person by ((disregard of orders, careless behavior)) resisting orders, resisting assisted movement or physical efforts to restrain.
777	-	Causing injury to ((a staff member)) another person by resisting orders, resisting assisted movement or physical efforts to restrain.
((799	-	Careless behavior that causes injury to a visitor.))
Unauthorized possession
559	-	Gambling; possession of gambling paraphernalia.
601	-	Possession, manufacture or introduction of an explosive device or any ammunition, or any components of an explosive device or ammunition.
602	-	Possession, manufacture or introduction of any gun, firearm, weapon, sharpened instrument, knife, or poison or any components thereof.
620	-	Receipt or possession of contraband during participation in off-grounds or outer perimeter activity or work detail.
660	-	Unauthorized possession of money, stamps, or negotiable instruments, the value of which is five dollars or more.
702	-	Possession, manufacture or introduction of an unauthorized tool.
736	-	Possession, manufacture or introduction of unauthorized keys.
738	-	Possession of the clothing of a staff member.
739	-	Possession of personal information about currently employed staff, contractors or volunteers, or their immediate family members, including, but not limited to: Social Security numbers, home addresses or telephone numbers, drivers license numbers, medical, personnel, financial or real estate records; bank or credit card numbers, or other like information not authorized by the court or the superintendent.
Tattooing
710	-	Being tattooed while incarcerated, tattooing another, or possessing tattoo paraphernalia.
Theft/possession of stolen property
555	-	Theft of property or possession of stolen property.
741	-	Theft of food, the value of which is more than five dollars.
755	-	Misuse or waste of issued supplies, goods, services or property, the replacement value of which is ten dollars or more.
Forgery
654	-	Counterfeiting, forging, altering or unauthorized reproduction of any document, article of identification, money, security, or official paper.
Setting fire, damaging or destroying property
553	-	Setting a fire.
554	-	Mutilating, altering, defacing or destroying any item, the value of which is ten dollars or more and that is not the personal property of the inmate.
563	-	Making a false fire alarm or tampering with, damaging, blocking or interfering with fire alarms, fire extinguishers, fire hoses, fire exits, or other fire fighting equipment or devices.
600	-	Tampering with, damaging, blocking, or interfering with any locking or security device.
720	-	Flooding a cell or other area of the institution.
Inciting others/participation in unacceptable group behavior
650	-	Rioting.
651	-	Inciting others to riot.
652	-	Engaging in or inciting a group demonstration.
((661	-	Performing or taking part in an unauthorized marriage.))
682	-	Engaging in or inciting an organized work stoppage.
708	-	Organizing or participating in an unauthorized group activity or meeting.
734	-	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.
746	-	((Participating)) Engaging in or inciting ((others to go on a)) an organized hunger strike.
Inappropriate sexual behavior
504	-	Engaging in sexual acts with others with the exception of spouses during approved extended family visits.
659	-	Sexual harassment; any word, action, gesture or other behavior that is sexual in nature and that would be offensive to a reasonable person.
728(b)	-	Possession of any written, photographic or hand-drawn material that depicts a sexually explicit act as defined in WAC 137-28-160.
750	-	Indecent exposure.
Providing false statements
551	-	((Lying)) Providing false information to ((the)) a disciplinary hearing officer or ((lying)) on a disciplinary appeal.
552	-	Causing an innocent person to be penalized or proceeded against by ((lying)) providing false information.
706	-	((Lying or)) Giving false information about proposed community residence when proposing a release plan, community placement, etc.
Interfering with staff/impersonating
558	-	Interfering with staff members, medical personnel, fire fighters, or law enforcement personnel in the performance of their duties.
605	-	Impersonating any staff member, other inmate or visitor.
Failure to follow orders and rules
509	-	Refusing a direct order by any staff member to proceed to or disperse from a particular area.
556	-	Refusing to submit to or cooperate in a search when ordered to do so by a staff member.
557	-	Refusing to participate in an available education or work program or other mandatory programming assignment.
609	-	Refusing or failing to submit to testing required by policy, statute, or court order, such as DNA blood tests, when ordered to do so by a staff member.
658	-	Failing to comply with any administrative or posthearing sanction imposed for committing any general or serious infraction.
724	-	Refusing a cell or housing assignment.
745	-	Refusing a transfer to another facility.
Counts/unauthorized absence
653	-	Causing an inaccurate count by means of unauthorized absence, hiding, concealing ones self or other form of deception or distraction.
Escape/attempted escape
525	-	Violating conditions of furlough.
550	-	Escape or attempted escape.
560	-	Unauthorized possession of items or materials likely to be used in an escape attempt.
Committing crimes/excess infractions
507	-	Committing any act that is a felony under state or federal law that is not otherwise included in these rules.
517	-	Committing any act that is a misdemeanor under local, state, or federal law that is not otherwise included in these rules.
657	-	Being found guilty of four or more general infractions which have been reported in writing arising out of separate incidents, all of which occur within a six-month period.
Unacceptable communication
718	-	Use of mail or telephone in violation of court order or local, state or federal law.
726	-	Telephoning or sending written communication or otherwise initiating communication with a minor without the approval of that minor's parent or guardian.
727	-	Telephoning or sending written communications to any person contrary to previous written warnings and/or documented disciplinary actions.
Misuse of controlled substances, drugs, alcohol and related programs
603	-	Possession, introduction, or transfer of any narcotic, controlled substance, illegal drug, unauthorized drug or drug paraphernalia.
606	-	Possession of tobacco products and/or matches in close/maximum housing units where strictly prohibited.
607	-	Refusing to submit to a urinalysis and/or failure to provide a urine sample when ordered to do so by a staff member.
608	-	Refusing or failing to submit to a breathalyzer or other standard sobriety test when ordered to do so by a staff member.
610	-	Unauthorized accumulation of prescribed medication greater than a single or daily dose.
655	-	Making intoxicants, alcohol, controlled substances, narcotics, or the possession of ingredients, equipment, items, formulas or instructions that are used in making intoxicants, alcohol, controlled substances, or narcotics.
707	-	Possession, introduction, or transfer of any alcoholic or intoxicating beverage.
716	-	Unauthorized use of drugs, alcohol or other intoxicants.
752	-	Receiving a positive test for use of unauthorized drugs, alcohol, or other intoxicants.
Soliciting/fraud
656	-	Giving, offering or receiving from any person a bribe or anything of value for an unauthorized favor or service.
662	-	Soliciting goods or services for which the provider would expect payment when the inmate knows or should know that no funds are available to pay for those goods or services.
714	-	Giving, selling, borrowing, lending, or trading money or anything of value to, or accepting or purchasing money or anything of value from, another inmate or that inmate's friend(s) or family, the value of which is ten dollars or more.
740	-	Fraud, embezzlement, or obtaining goods, services, money, or anything of value under false pretense.
Creating an emergency situation
712	-	Attempted suicide or self-mutilation.
742	-	Creating a false emergency by feigning illness when contrary to medical/mental health screening results.
744	-	Making a bomb threat.
(2) In determining whether a # 728(b) infraction or a # 728(a) infraction pursuant to WAC 137-28-220 should be charged, the infracting officer shall consider mitigating factors as defined in WAC 137-28-160.

[Statutory Authority: RCW 72.01.090. 00-10-079, 137-28-260, filed 5/2/00, effective 6/2/00; 97-03-041, 137-28-260, filed 1/10/97, effective 2/4/97. 95-15-044, 137-28-260, filed 7/13/95, effective 8/15/95.]

Washington State Code Reviser's Office