22 Alaska Admin. Code § 05.400 : Department of Corrections — Adult Facilities — Discipline — Prohibited conduct for prisoners

(a) Prohibited conduct for prisoners in state facilities is governed by (b) - (e) of this section. A violation must be punished as either a major, high- or low-moderate, or minor infraction.

(b) Major infractions include the following:

(1) homicide;

(2) assault upon a staff member or a visitor;

(3) escape or evasion from custody;

(4) setting a fire;

(5) rioting;

(6) assault by a prisoner upon another prisoner under circumstances that create a substantial risk of serious physical injury;

(7) threatening or intimidating a witness in an official proceeding;

(8) possession, use, or introduction of weapons or escape implements;

(9) stealing, destroying, altering or damaging government property, or the property of another, which results in damages of $1,000 or more; and

(10) commission of a class A or unclassified felony offense.

(c) High-moderate infractions include the following:

(1) fighting (i.e., mutual combat) with a person;

(2) extortion, blackmail, or protection, such as the demanding or receiving of favors or anything of value in return for protection against bodily harm, property loss, or under threat of informing;

(3) engaging in sexual acts with others, or making sexual proposals or threats;

(4) wearing a disguise or mask;

(5) stealing, destroying, altering or damaging government property, or the property of another, which results in damages of $100 or more, but less than $1,000;

(6) tampering with or blocking a locking or security device;

(7) possession, use, or introduction of contraband, except that described in (b)(8) of this section, which directly threatens the security of the facility, such as excess money or unauthorized drugs;

(8) intentional misuse of prescribed medication, such as hoarding medication or taking another person's medication;

(9) adulteration of food or drink;

(10) participation in an organized work stoppage;

(11) possession of staff clothing or unauthorized civilian clothing;

(12) counterfeiting, forging, or unauthorized reproduction of a document, article of identification, money, security, or official paper, or the possession or use of such a document, which presents a threat to the security of the facility;

(13) giving or offering an official or staff member a bribe;

(14) threats to another of immediate bodily harm;

(15) engaging in a group or individual demonstration or activity that involves throwing of objects, loud yelling, loud verbal confrontation, or pushing, shoving, or other physical contact that disrupts or interferes with the orderly administration of the facility;

(16) refusal to provide a urine specimen when requested by a staff member;

(17) spitting, or throwing urine or fecal matter, on or at a staff member;

(18) intentionally providing a false statement

(A) before a classification or disciplinary committee or a hearing officer in a disciplinary matter; or

(B) to an investigator in a grievance, classification, or disciplinary matter;

(19) refusing to obey a direct order of a staff member;

(20) misuse of the telephone, such as making intimidating, obscene, harassing or threatening phone calls;

(21) encouraging others to engage in a food strike;

(22) refusal or failure to participate in a court-ordered treatment program, unless the conviction is being appealed and refusal is based upon advice of counsel;

(23) intentionally interfering with a prisoner count; and

(24) commission of a class C or B felony offense.

(d) Low-moderate infractions include the following:

(1) indecent exposure;

(2) stealing, destroying, altering, or damaging government property, or the property of another, which results in damages of $50 or more, but less than $100;

(3) unauthorized use of mail or telephone;

(4) lying or providing a false statement to a staff member under circumstances other than those described in (c)(18) of this section;

(5) giving or loaning property or anything of value for profit or favors if it threatens the security or orderly administration of the facility;

(6) threats to another of future bodily harm;

(7) possession of anything not authorized for retention or receipt by the prisoner, and not issued through regular facility channels;

(8) malingering or feigning an illness, injury, or suicide attempt;

(9) missing a prisoner count, unexcused absence or tardiness from work or an assignment, failure to perform work as instructed by a staff member, or refusing to perform a work assignment for alleged medical reasons without being excused by medical staff;

(10) failure to abide by posted sanitation rules or failure to keep one's person and quarters in accordance with posted rules;

(11) being in an unauthorized area;

(12) using equipment or machinery contrary to instructions or posted safety standards, or use of equipment or machinery which is not specifically authorized;

(13) using abusive or obscene language or gesture that is likely to provoke a fight or that clearly disrupts or interferes with the security or orderly administration of the facility;

(14) tattooing or self-mutilation, other than attempts at suicide;

(15) unauthorized communication or contact with the public or visitors;

(16) giving to or exchanging anything of value with or accepting anything of value from, any other person without prior approval of the superintendent, if it threatens the security or orderly administration of the facility;

(17) threatening damage to or theft of another's personal property;

(18) kicking, shouting, or banging, or engaging in any other persistent nuisance noise or activity;

(19) wilful failure or refusal to keep a medical or health care appointment scheduled with the prisoner's knowledge and consent; and

(20) commission of a misdemeanor offense.

(e) Minor infractions include the following:

(1) gambling, or possession of unauthorized gambling paraphernalia;

(2) possession of unauthorized prisoner clothing;

(3) failure to follow posted safety rules, except as described in (d)(12) of this section;

(4) smoking where prohibited;

(5) stealing, destroying, altering, or damaging government property, or the property of another, which results in damages of less than $50; and

(6) failure to follow a written rule of the facility, of which the prisoner has been provided notice and which has been approved by the regional director.

(f) Planning or attempting to commit, or aiding or encouraging a prisoner to plan or attempt to commit an infraction described in (b) - (e) of this section is considered the same as a commission of the infraction itself.

(g) A list of the prohibited conduct described in (b) - (e) of this section must be provided in writing to each prisoner upon admission to a facility. If a prisoner is illiterate or cannot understand English, the list of prohibited conduct must be read and explained or interpreted, as necessary.

(h) An amendment or addition to facility rules described in (e)(6) of this section must be approved by the regional director and may be put into effect only after reasonable notice is given to the population of the facility.

22 AAC 05.400

Eff. 9/10/77, Register 63; am 1/9/87, Register 101; am 11/13/99, Register 152

Authority:AS 33.20.050

AS 33.30.011

AS 33.30.021

AS 33.30.191

AS 33.30.261

AS 44.28.030