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
The following state regulations pages link to this page.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.