Ga. Comp. R. & Regs. R. 125-3-2-.04 - Violations

Current through Rules and Regulations filed through April 4, 2022

The following rules are established and shall govern the conduct of all inmates under the jurisdiction of the State Board of Corrections. Violations of these rules shall be punishable as institutional disciplinary infractions, violations of United States or State Law, or both, as appropriate:

(a) Violations of Statutes. Inmates under the jurisdiction of the State Board of Corrections are subject to all laws of the United States and of the State of Georgia. Any prisoner violating these laws may be charged and tried for that violation in the same manner as any other citizen in the appropriate state or federal court. The filing of charges in a judicial court of record for a violation of state or federal laws does not in any way prevent or preclude the administrative handling of the same act as a prison disciplinary matter or of the taking of disciplinary action against the prisoner in question as provided in Rule .08 below (Disciplinary Methods Permitted). These regulations are:
1. Violation of any law or statute of the State of Georgia.
2. Violation of any law or statute of the United States.
(b) Violations Against Persons.
1. B-1A: Intentionally causing the death of a Correctional Officer.
2. B-1B: Intentional causing bodily injury to a Correctional Officer.
3. B-1C: Assaulting a Correctional Officer (no injury).
4. B-1D: Intentional causing the death of other prison employee.
5. B-1E: Intentionally causing injury to other prison employee.
6. B-1F: Assaulting other prison employee (no injury).
7. B-1G: Intentionally causing the death of visitor.
8. B-1H: Intentionally causing injury to visitor.
9. B-1I: Assaulting visitor (no injury).
10. B-1J: Intentionally causing death of an inmate.
11. B-1K: Intentionally causing injury to an inmate or oneself.
12. B-1L: Assaulting an inmate (no injury).
13. B-3a: Shooting or shooting at any person with any type of firearm.

B-3b: Stabbing or attempting to stab any person with an item that when used as a weapon may cause serious bodily injury.

14. B-4: Intentional throwing or propelling any item at another person:
(i) Nuisance.
(ii) Lethal.
(iii) Bodily Fluids.
15. B-5: Verbally, or through gesture, threatening any person with death, violence or injury, or homosexual assault.
16. B-6: Threatening or menacing any person with a weapon or any other item.
17. B-7: Assault without a weapon, including fighting, boxing, wrestling, and any other form of physical encounter which causes or could cause injury to another person, except as part of an approved recreational or athletic activity.
18. B-8: Participating in homosexual or any sexual behavior or activity with any person, male or female.
19. B-9: Physically assaulting another inmate or another person sexually.
20. B-10: Soliciting or in any other way inducing any other person to participate in homosexual or any other sexual behavior or activity.
21. B-11: Indecent and unnecessary exposure of or indecent exhibition of the genital organs, to include masturbation within view of others.
22. B-12: Use of written or verbal profane, obscene (as prescribed by applicable constitutional standards) or abusive words, language, gestures or pictures to other persons.
23. B-13: Insubordination to a staff member. Insubordination is defined by cursing or showing disrespect toward any employee.
24. B-14: Offering or giving of any gift, personal service, favor, money or anything else of value to any person as a bribe, or in any other way attempting to influence that person to do anything prohibited by these rules or laws of the United States or the State of Georgia.
25. B-15: Requesting, demanding, inducing, and/or receiving any goods, property, personal service, favor, gift, or any item of value in return for protection or other services or considerations, other than services and considerations specifically authorized by the Warden by way of a published and conspicuously posted list.
26. B-16: Individually, or in participation with others, taking and holding of a staff member or of any other person as a hostage or any way restraining, holding, or confining any person against his or her will.
27. B-17: Obstructing, interfering with, or preventing any staff members from carrying out his or her orders, duties or assignments.
(c) Violations pertaining to the Security and the Orderly Operation of the Institution.
1. C-1: Participation in any meeting or gathering which is not of a type which has been authorized by the institutional staff or an individual staff member.
2. C- 2 Participation in any group demonstration, disturbance, riot, strike, refusal to work, work stoppage or work slow down which would disrupt the ordinary routine of the institution.
(i) C-2A: Planning, conspiring, or encouraging others to participate in any group demonstration, disturbance, riot, strike, refusal to work, work stoppage, or work slowdown which would disrupt the ordinary routine of the institution.
3. C-3: Escaping, walking away or otherwise absenting oneself from the institution without prior specific authorization and permissions from a staff member.
4. C-4: Escaping, walking away or otherwise absenting oneself from the immediate jurisdiction, control or supervision of a staff member or other legal constituted authority.
5. C-5: Participating in the planning of, or otherwise conspiring with another person to escape, aid, abet, have any item of an officer's uniform, civilian clothing, staff clothing, including badges, buttons, name tags, or personal identification, or prevent the discovery of the escape or walk-away of another prisoner from the institution, or from the immediate jurisdiction, control or supervision of a staff member or other legally constituted authority.
6. C-6: Making an attempt to escape from an institution or from the authorities.
7. C-7: Unauthorized possession on one's person, in one's cell, immediate sleeping area, locker or immediate place of work assignment; unauthorized receiving from or giving to another person; unauthorized fashioning, or manufacturing; unauthorized introduction or arrangement for the introduction into the institution of:
(i) Any key, locking device, chain, rope, ladder, tool or other item which could be used to affect an escape; provided, however, that this rule shall not prohibit possession of keys and locks used to secure an inmate's locker.
(ii) Any mannequin, dummy, replica of a human body, or any item or device which would cause any prisoner to be counted as being present at the designated time and place when, in fact, he (she) would be absent; or in any way would aid or abet the escape or walkaways of a prisoner.
(iii) Any mask, wig or disguise, or any other means of altering normal physical appearance which would make ready identification of a prisoner difficult.
8. C-8: Tampering with, removal of, damage to, destruction of, blocking of or any way making inoperable any lock, door, blocking device or allied equipment, or any fire or safety equipment.
9. C-9: Knowingly not being physically present at the designated time and place of a count of all the inmate population or that part of the population of which the inmate is a member without the prior knowledge and permission of a staff member.
10. C-10: Causing or participating in any interference, delay, disruption or deception with regard to the process of counting part or all of the inmate population.
11. C-11: Wearing of any mask, wig, or disguise, or any other alteration of normal physical appearance which would make ready identification of the inmate difficult.
12. C-12: Causing, through carelessness or neglect, a fire or the setting of any fire without the prior permission of a staff member.
13. C-13: Absence from one's cell or immediate housing area, place of work, training assignment, or other area designated by a staff member without the specific prior knowledge and permission of a staff member.
14. C-14: Unauthorized presence or being out of place in any building, facility, area, location, vehicle or restriction place.
15. C-15: Failure to follow, or to carry out, any written or verbal lawful and reasonable direction, instruction or order of a staff member or other legally constituted authority.
16. C-16: Failure to perform or complete any work, training or other assignment as ordered, directed or instructed, either verbally or in writing by a staff member.
17. C-17:
(a) Being under the influence of alcohol,
(b) being under the influence of any other drugs, narcotics, or any intoxicant, depressant or stimulant not specifically authorized, prescribed or issued by a staff member of the prison/center,
(c) refusal to be tested for unauthorized substances.
18. C-18: Refusal to allow, hindering of, or obstruction of the search of a prisoner, his (her) cell or his (her) property by a staff member.
19. C-19: Hanging, fastening or attaching of any sheet, blanket, curtain, drapery or other materials, whether transparent or not, on any part or all of the front, or door, of a cell or around dormitory bed or other immediate sleeping area without the prior permission of a staff member.
(d) The Following Violations Which Pertain to Possession, Manufacture and Introduction of Contraband:
1. Unauthorized possession of any item on his (her) person, in his (her) cell, immediate sleeping area, locker or immediate place of work or assignment; unauthorized receiving from, or giving to another person; unauthorized fashioning or manufacturing, unauthorized introduction, or in any way arranging for the unauthorized introduction on state property of any item; unauthorized mailing, shipping, dispatching or smuggling, or in any way arranging to mail, ship, dispatch or smuggle away from state property any item considered contraband by the institution; possession of any item not sold in the institutional store, not permitted by the established policy of the institution or by these rules or which is not otherwise expressly authorized and approved for receipt and/or retention by the individual prisoner.
2. Possession on one's person, in his (her) cell, immediate sleeping area, locker, or immediate place of work or assignment of any form of securities, bonds, coins, currency, or legal tender unless expressly and specifically authorized by the individual institution concerned shall constitute contraband and be subject to forfeiture. The Warden/Superintendent or his or her representative will refer these violations to the Disciplinary Hearing Officer for investigation and a hearing as to the violation determination and a hearing as to the forfeiture. The inmate's right as to the forfeiture determination shall be the same as in the violation determination.
(i) Forfeited securities, bonds, coins, currency, or legal tender shall, in State Institutions, vest in the State, and, in County Institutions, vest in the County.
3. Possession on one's person, in one's cell, immediate sleeping area, locker or immediate place of work or assignment; receiving from or giving to another person; fashioning or manufacturing; introduction or arranging for the introduction into the institution without the prior knowledge and permission of a staff member of:
(i) Any gun, knife, club, weapon, or unauthorized pointed or sharpened instrument capable of causing or inflicting bodily injury to another person;
(ii) Any flammable, poisonous or explosive material or device or any type of ammunition; provided, however, this rule shall not prohibit possession of any item authorized for purchase at the prison store;
(iii) Any form of written petition intended for circulation among prisoners;
(iv) Any device, equipment, paraphernalia or any other item which can be used for the injection, inhalation or absorption of drugs, narcotics, intoxicants or medicines, not specifically prescribed, authorized or issued to the individual prisoner by a staff member;
(v) Any form of official papers or documents (other than papers or documents relative to judicial or administrative proceedings) or articles of identification unless expressly and specifically authorized by the individual institution concerned;
(vi) Any item of an officer's uniform, civilian clothing, or staff clothing, including badges, buttons, name tags, or items of personal identification;
(vii) Any permitted or issued clothing, tools, equipment, goods, property, materials or items in excess of the number and amount authorized or issued to the individual prisoner;
(viii) Any obscene material. "Obscene" is defined as meaning: That which considered as a whole has as its dominant theme or purpose an appeal to prurient interest or a shameful or morbid interest in nudity, sex or lewdness going substantially beyond customary limits of candor in description or representation of such matters and is utterly without redeeming social importance;
(ix) Any contraband, illegally manufactured, or altered food or drink.
(x) Any drug, narcotic, intoxicant, depressant, or stimulant, other than alcohol;
(xi) Any form of commercially produced or homemade alcohol and alcoholic beverages.
(xii) An apparatus associated with a device, or a component of a device that enables, or may be used to enable, communication with a person outside a place of incarceration, including a telephone, cellular telephone, personal digital assistant, transmitting radio, or computer connected or capable of being connected to a computer network, by wireless or other technology, or otherwise capable of communicating with a person or device outside of a place of incarceration.
4. Selling, giving, bartering, disposing of or administering any medicine, drug, narcotic, intoxicant, stimulant, depressant or medical supply other than as expressly instructed by a staff member;
5. Possession in his (her) sleeping or living area or locker presents unkept, untidy, excessively cluttered or offensive appearance, or to the degree that it restricts or interferes with the free movement of another prisoner, with officer's visual observation of the cell or sleeping area or creates a fire or safety hazard;
6. Possession on one's person, in one's cell or immediate sleeping area, immediate place of work or assignment or a locker, of more than the amount of articles allotted in the Inmate Personal Property Standard Operating Procedure without the prior knowledge and permission of a staff member.
(e) Violations Pertaining to Property and Involving Fraud:
1. Receiving from or giving to another person, possession on one's person, in one's cell, immediate sleeping area, locker, or immediate place of work or assignment any goods, property or item of value to another prisoner without prior knowledge and approval of a staff member. Giving, loaning or otherwise providing money, goods, property or any item of value to another person for profit or increased return.
2. Theft or otherwise taking possession of any goods, property, or item of value belonging to another prisoner, staff member, or any government unit of the State of Georgia without the prior authorization of a staff member or taking by the use of threats, duress, deception or force.
3. Altering, damaging, or destroying goods, property, or an item of value belonging to another person or government unit of the State of Georgia.
4. Exchanging, tracing, bartering, giving, receiving, or other participation in the transfer of money, personal property or any other item of value from one person to another without the prior knowledge and permission of a staff member.
5. Knowingly providing false reports, giving false statements, lying, misrepresenting or distorting the truth, or otherwise knowingly communicating inaccurate, untrue or misleading information to a staff member.
6. Counterfeiting, manufacture or reproduction, forgery or possession of any official paper or document, money, currency, coins or articles of identification without the prior knowledge and permission of a staff member.
7. Transfer or attempt to transfer funds from the trust account of one prisoner to that of another without the prior knowledge and permission of a staff member.
8. Exchanging, trading, bartering, giving, receiving or other participation in the transfer of money, personal property or any other item of value from one prisoner to another without the prior knowledge and permission of a staff member.
9. Contracting or arranging to fashion, design, construct or manufacture any hobby item, art work, craft item or any other item for another prisoner without the prior knowledge and permission of a staff member.
(f) Violations Pertaining to Policy and Procedures:
1. Participation in any betting, gambling or games of chance, or preparing or conducting games of chance or a gambling pool.
2. Possession on one's person, in one's cell, locker, sleeping area, immediate place of work or assignment; fashioning, designing or manufacturing, introducing or attempting to introduce into the institution any betting or gambling items without the prior knowledge and permission of a staff member.
3. Transmitting or attempting to transmit through the mail threats, demands or obscene materials (Reference Chapter 125-3-3).
4. Violation of any United States postal laws or regulations.
5. Violating or attempting to violate any institutional mailing rule or regulation.
6. Violating or attempting to violate any institutional visiting rule or regulation.
7. Use of any telephone without the prior specific knowledge and permission of a staff member.
8. Contacting or attempting to contact any person or persons outside the institution (except as specifically authorized by the telephone, mail, or visiting rules or regulations) without the prior knowledge and permission of a staff member.
9. Feigning or misrepresenting illness, injury or physical condition.
(g) Violations Pertaining to Personal Appearance and Sanitation:
1. Willful failure of an inmate to keep his body, hair and clothes in as clean, sanitary, neat and odor-free condition as is possible under the circumstances of his or her particular custody.
2. Failure of an inmate to keep his cell or immediate sleeping area clean, odor-free, sanitary, free of trash and debris and available to the visual observation of a staff member.
3. The growing or wearing of a beard, goatee or otherwise not being clean shaven, except mustaches which do not extend beyond the edge of the mouth and are kept neat and trimmed at all times. (Chapter 125-2-3).
4. The growing or wearing of thick or untrimmed sideburns or sideburns extending below a point even with the bottom of the ear lobe.
5. The growing or wearing of the hair on the head long enough to extend onto the collar of an ordinary shirt, onto the eyebrows, or to be longer than three (3) inches on top. For female inmates, the growing or wearing of hair in a manner inconsistent with Departmental standard operating procedure.
6. Wearing on the person, body or clothing of earrings, beads, pendants, medallions or other items of decoration or jewelry. Watches, standard size individual finger rings, religious medals or crosses are acceptable when in compliance with the Inmate Personal Property standard operating procedure.
(h) Violations Pertaining to Safety:
1. Failure to observe, follow and comply with any prison safety policies or rules and regulations.
2. Operation and use of any tool, equipment, machinery or vehicle without the permission of a staff member.
3. Careless, reckless or negligent operation or use of any institutional tool, equipment, machinery or vehicle.
4. Use, handling of, tampering with, or carelessly, negligently, recklessly or willfully causing damage or destruction to any piece of safety equipment or safety device, except in the case of an emergency or with the prior knowledge and permission of a staff member.
5. Repair, alterations, modification, tampering with or carelessly, negligently, recklessly or willfully causing damage to or destruction of any part of the electrical, plumbing, water, sewerage, communications and other institutional utilities without the prior knowledge and permission of a staff member.
6. Any careless, reckless, negligent or willful act or behavior which causes or could cause death or injury to another person.
7. Smoking in any area or building whenever or wherever smoking is prohibited.
(i) Disposition of Violations of Rules which are also Violations of State or Federal Statutes.
1. When a prisoner is alleged to have committed a violation of rules which is also a violation of the Laws or statutes of the State of Georgia or the United States, the processing and disposition of that violation will be handled in the same manner as acts which are not necessarily violations of statutes or laws.
2. In the case of such concurrent violations, the Warden/Superintendent, at his discretion, may request an investigation into the matter by the Deputy Commissioner of Facilities. The Deputy Commissioner may then direct that the case be referred to the appropriate state or federal authorities.
3. The Warden/Superintendent may cause the appropriate staff members or appropriate law enforcement officers to investigate the matter in question and submit the findings and evidence to appropriate prosecuting authorities within 60 days.
4. During the total investigating and charging period (i.e., thirty (30) days investigation and thirty (30) days in which charges may be filed) the inmate, at the discretion of the discretion of the Warden/Superintendent, may be assigned to Administrative Segregation and housed in a cell or other facility designated as housing for prisoners classified as security risks. The inmate will be afforded the same privileges and activities as other security inmates.
5. If no referral to appropriate authorities is made within thirty (30) calendar days of when the prisoner received his (her) copy of the disciplinary report in regards to the institutional rule violation, the investigation shall be dismissed and purged from the record.
6. Following the thirty (30) day investigative period, if the United States or State authorities have not filed formal criminal or civil charges or caused a warrant to be taken against the accused in the appropriate court of record, restrictive assignment of the inmate for this purpose shall be terminated.
7. Upon the proper filing of charges in the appropriate court of record by the local authorities within the prescribed thirty (30) calendar days, the prisoner may, at the discretion of the Warden/Superintendent, be housed in a cell or other facility designated as security housing until the case is finally decided and disposed of by the courts.
8. Should the matter not be referred to the local authorities within the prescribed thirty (30) calendar days; should the local authorities not file criminal or civil charges within the prescribed thirty (30) calendar days; should those charges be dropped or dismissed; or should the prisoner be found guilty of the charges, the prisoner in question shall be promptly referred to the Classification Committee for a review, evaluation and, if necessary, a change in his (her) status, custody, classification work or training assignment or housing location. The Classification Committee shall consider this matter within seven (7) working days (excluding weekends and holidays) from the time it is referred to it, and at that time the prisoner will be clearly informed verbally by the Committee and within three (3) additional working days will be provided with a clearly worded written statement informing him (her) that prosecution is no longer pending under state or federal statutes; and that, consequently, he (she) is being considered for reclassification of his (her) status, custody classification, assignment and housing.
(j) Categorization of Offenses and Punishments. The Commissioner of the Board of Corrections will issue separate instructions to identify each of the violations indicated above as either a low, moderate, high or greatest infraction. Such categorization of offenses shall establish the limits of punishments assessable as defined in Rule .08, below. Violations and categorization data shall be posted on inmate bulletin boards and, additionally, be readily accessible to all inmates through their counselors or other designated personnel.

Notes

Ga. Comp. R. & Regs. R. 125-3-2-.04
Ga. Constitution 1982, 1983, Art. XI, Sec. 1, Par. I, (b): O.C.G.A. Secs. 42-2-11, 42-5-9, 42-5-51, 42-5-53, 42-5-55, 42-5-59, 42-5-62, 42-5-63, 42-5-100, 42-5-101, 42-10-2.
Rule entitled "Violations" adopted as R. 415-3-2-.04. F. Nov. 14, 1984; eff. Dec. 4, 1984, renumbered as R. 125-3-2-.04. F. June 28, 1985; eff. July 20, 1985, as specified by the Agency. Amended: F. Oct. 23, 1990; eff. Nov. 12, 1990. Amended: F. July 13, 1998; eff. August 2, 1998. Amended: F. Apr. 8, 2002; eff. Apr. 28, 2002. Amended: F. Mar. 6, 2003; eff. Mar. 23, 2003. Amended: F. June 4, 2009; eff. June 24, 2009.

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