N.Y. Comp. Codes R. & Regs. tit. 7 § 270.2 : DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION — Procedures for Implementing the Standards of Incarcerated Individual Behavior and for Granting Good Behavior Time Allowances — Standards Of Inmate Behavior In All Facilities — Standards Of Inmate Behavior-behavior Prohibited In All Facilities And The Classification Of Each Infraction — Standards of incarcerated individual behavior

Tier

Rule 1.00

Any Penal Law offense may be referred to law enforcement agencies for prosecution through the courts. In addition, departmental sanctions may be imposed based upon a criminal conviction.

II, III

1. Rule Series 100 Assault and Fighting.

Tier

i.

100.10

An incarcerated individual shall not assault or inflict or attempt to inflict bodily harm upon any other incarcerated individual.

II, III

ii.

100.11

An incarcerated individual shall not assault or inflict or attempt to inflict bodily upon any staff member.

II, III

iii.

100.12

An incarcerated individual shall not assault or inflict or attempt to inflict bodily harm upon any person not included in rules 100.10 and 100.11.

II, III

iv.

100.13

An incarcerated individual shall not engage in fighting.

I, II, III

v.

100.14

An incarcerated individual shall not practice or instruct others in martial arts (aikido, judo, karate, juijitsu, kung fu, t'ai chi ch'uan, etc.)

I, II

vi.

100.15

An incarcerated individual shall not engage in unauthorized sparring, wrestling, body-punching, or other forms of disorderly conduct.

I, II

2. Rule Series 101 Sex Offenses.

Tier

i.

101.10

An incarcerated individual shall not engage in or encourage, solicit or attempt to force another to engage in sexual acts.

I, II, III

ii.

101.11

An incarcerated individual shall not intentionally and forcibly touch the sexual or other intimate parts of an employee for the purpose of degrading or abusing such employee or for the purpose of gratifying the incarcerated individual's sexual desire. Forcible touching includes squeezing, grabbing, pinching and kissing.

I, II, III

iii.

101.20

An incarcerated individual shall not engage in lewd conduct by intentionally masturbating in the presence of an employee, or intentionally exposing the private parts of his or her body unless as part of a strip frisk, strip search, medical examination or other authorized purpose.

I, II, III

iv.

101.21

An incarcerated individual shall not engage in physical contact with another incarcerated individual. Prohibited conduct includes, but is not limited to, kissing, embracing or hand-holding.

I, II

v.

101.22

An incarcerated individual shall not stalk an employee, visitor or other person. Stalking includes, but is not limited to, conduct directed at a specific employee, visitor or other person where the incarcerated individual knows, or reasonably should know, that such conduct is likely to cause reasonable fear of material harm to the physical health, safety or property of such person.

I, II, III

3. Rule Series 102 Threats.

Tier

i.

102.10

An incarcerated individual shall not, under any circumstances make any threat, spoken, in writing, or by gesture.

I, II, III

4. Rule Series 103 Bribery and Extortion.

Tier

i.

103.10

An incarcerated individual shall not bribe or extort or attempt to bribe or extort any person.

I, II

ii.

103.20

An incarcerated individual shall not request or solicit goods or services from any business or any person other than an immediate family member without the consent and approval of the facility superintendent or designee.

I

5. Rule Series 104 Riot, Disturbances and Demonstrations.

Tier

i.

104.10

An incarcerated individual shall not conspire or take any action which is intended to or results in the takeover of any area of the facility.

II, III

ii.

104.11

An incarcerated individual shall not engage in any violent conduct or conduct involving the threat of violence either individually or in a group.

II, III

iii.

104.12

An incarcerated individual shall not lead, organize, participate, or urge other incarcerated individuals to participate, in a work-stoppage, sit-in, lock-in, or other actions which may be detrimental to the order of facility.

II, III

iv.

104.13

An incarcerated individual shall not engage in conduct which disturbs the order of any part of the facility. This includes, but is not limited to, loud talking in a mess hall, program area or corridor, talking after the designated facility quiet time, playing a radio, television or tape player without a headphone or through a headphone in a loud or improper manner, or playing a musical instrument in a loud or improper manner.

I, II

6. Rule Series 105 Unauthorized Assembly or Activity.

Tier

i.

105.10

An incarcerated individual shall not form a group of incarcerated individuals or join an assembly of incarcerated individuals without authorization. The size of the group is determined by local policy.

I, II

ii.

105.11

An incarcerated individual shall not conduct a religious service or make a speech or address without authorization by the superintendent or designee.

I, II

iii.

105.12

[Reserved]

iv.

105.13

An incarcerated individual shall not engage in or encourage others in gang activities or meetings, or display, wear, possess, distribute or use gang insignia or materials including, but not limited to, printed or handwritten gang or gang related material.

I, II, III

Note: For purposes of this rule, a gang is a group of individuals, having a common identifying name, sign, symbol or colors, who have individually or collectively engaged in a pattern of lawlessness (e.g., violence, property destruction, threats of harm, intimidation, extortion, or drug smuggling) in one or more correctional facilities or that are generally recognized as having engaged in a pattern of lawlessness in the community as a whole. For purposes of this rule, printed or handwritten gang or gang related material is written material that, if observed in the incarcerated individual's possession, could result in an inference being drawn about the incarcerated individual's gang affiliation, but excludes published material that the incarcerated individual has obtained through the facility library or that has been approved for the incarcerated individual to possess through the media review process.

v.

105.14

An incarcerated individual shall not engage in or encourage others to engage in unauthorized organizational activities or meetings, or possess printed or handwritten material relating to an unauthorized organization where such material advocates either expressly or by clear implication, violence based upon race, religion, sex, sexual orientation, creed, law enforcement status or violence or acts of disobedience against department employees or that could facilities organizational activity within the institution by an unauthorized organization.

I, II, III

Note: For purposes of this rule, an unauthorized organization is any organization which has not been approved by the deputy commissioner for program services. Printed or handwritten material that could facilitate organizational activity includes, but is not limited to, a membership roster, organizational chart, constitution or bylaws. This rule excludes possession of published material that the incarcerated individual has obtained through the facility library or that has been approved for the incarcerated individual to possess through the media review process. During the pendency of an application to obtain authorization for a proposed incarcerated individual organization, the rule also excludes specific printed or handwritten material that the Deputy Superintendent for Programs or higher ranking employee has requested in writing that the incarcerated individual submit as part of the application process.

7. Rule Series 106 Refusal to Obey a Direct Order.

Tier

i.

106.10

AN incarcerated individual SHALL OBEY ALL ORDERS OF DEPARTMENT PERSONNEL PROMPTLY AND WITHOUT ARGUMENT.

I, II

ii.

106.11

An incarcerated individual shall promptly obey an order by department personnel to provide a DNA sample

II

8. Rule Series 107 Interference with an Employee or Other Person.

Tier

i.

107.10

An incarcerated individual shall not physically or verbally obstruct or interfere with an employee at any time.

I, II, III

ii.

107.11

An incarcerated individual shall not harass an employee or any other person verbally or in writing. Prohibited conduct includes, but is not limited to, using insolent, abusive, or obscene language or gestures, or writing or otherwise communicating messages of a personal nature to an employee or any other person including a person subject of an order of protection with the incarcerated individual or who is on the incarcerated individual's negative correspondence list.

I, II

iii.

107.20

An incarcerated individual shall not lie or provide an incomplete, misleading and/or false statement or information.

I, II

iv.

107.21

An incarcerated individual shall not file or record any document or instrument of any description which purports to create a lien or record a security interest of any kind against the person or property of any officer or employee of the department, the State of New York or the United States absent prior written authorization from the superintendent or a court order authorizing such filing.

I, II

9. Rule Series 108 Escape and Abscondence.

Tier

i.

108.10

An incarcerated individual shall not escape, attempt to escape, conspire to, or be an accessory to an escape from any correctional facility or correctional custody.

III

ii.

108.11

An incarcerated individual shall not exceed the authorized limits of travel on any work release or furlough-type program.

I, II

iii.

108.12

An incarcerated individual shall not exceed any time limit imposed on any work release or furlough-type program.

I, II

iv.

108.13

An incarcerated individual shall not be in possession of any article or paraphernalia which gives reasonable grounds to believe escape is planned.

I, II

v.

108.14

An incarcerated individual shall comply with temporary release programming rules and regulations.

I, II

vi.

108.15

An incarcerated individual shall not abscond, attempt to abscond, conspire to abscond, or be an accessory to an abscondence from temporary release from a correctional facility or correctional custody. An incarcerated individual is guilty of absconding when, as a temporary release participant, he or she intentionally fails to return at or before the time prescribed for return.

II, III

10. Rule Series 109 incarcerated individual Movement.

Tier

i.

109.10

An incarcerated individual shall not be out of place in any area of the facility.

I, II

ii.

109.11

An incarcerated individual shall not leave an assigned area without authorization.

I, II

iii.

109.12

An incarcerated individual shall follow all facility regulations and staff directions relating to movement within the facility. This includes, but is not limited to, seating, lock-in, lock-out, call slip procedures, and all activities of a similar nature.

I, II

iv.

109.13

An incarcerated individual who is on an outside work assignment, such as a community service project or outside ground detail, shall not leave his or her assigned area or communicate with members of the public without authorization.

I, II

v.

109.14

An incarcerated individual shall wear religious robes and garments at scheduled and approved religious ceremonies or services only.

I, II

vi.

109.15

An incarcerated individual shall accept double-cell assignments when such an assignment is directed by facility staff.

I, II

11. Rule Series 110 incarcerated individual Identification and Grooming.

Tier

i.

110.10

Unless otherwise directed, an incarcerated individual shall at all times carry his or her departmental ID card and promptly produce the ID at the direction of any departmental employee.

I, II

ii.

110.20

An incarcerated individual shall not alter, deface, or in any other way tamper with the issued ID card. Whenever replacement is required, as a result of this action, the replacement cost will be borne by the incarcerated individual. Refusal to voluntarily pay for replacement cost may result in restitution being imposed through the disciplinary process.

I, II

iii.

110.21

An incarcerated individual shall not be in possession of any type of an identification card or identification paper other than those authorized.

I, II

iv.

110.30

An incarcerated individual shall report the loss of his or her ID card promptly to an employee. Reimbursement costs may be imposed.

I, II

v.

110.31

An incarcerated individual shall pay the cost of a replacement ID card whenever the incarcerated individual's appearance is changed as a result of a beard, mustache, or change in hair length or color. Refusal to voluntarily pay for replacement cost may result in restitution being imposed through the disciplinary process.

I, II

vi.

110.32

incarcerated individual Identification and Grooming.

I, II

vii.

110.33

incarcerated individual Identification and Grooming.

I, II

12. Rule Series 111 Impersonation.

Tier

i.

111.10

An incarcerated individual shall not impersonate any employee or any other person in any manner.

II, III

ii.

111.11

An incarcerated individual shall not be in possession of any security key, badge, employee identification or employee clothing.

II, III

13. Rule Series 112 Count Procedures.

Tier

i.

112.10

An incarcerated individual shall not cause a miscount.

I, II, III

ii.

112.20

An incarcerated individual shall not delay the count.

I, II

iii.

112.21

An incarcerated individual shall comply with all facility count procedures.

I, II

iv.

112.22

An incarcerated individual shall not obstruct visibility into his or her cell, room or cube.

I, II

14. Rule Series 113 Contraband.

Tier

i.

113.10

An incarcerated individual shall not make, possess, sell or exchange any item that may be classified as a weapon or dangerous instrument by description, use or appearance. A dangerous instrument is any instrument, article or substance which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing bodily harm.

II, III

ii.

113.11

An incarcerated individual shall not possess any authorized item that has been altered in any manner so as to change its original intent and/or purpose.

I, II

iii.

113.13

An incarcerated individual shall not use, possess, or be under the influence of any alcoholic beverage, intoxicant, yeast, or any other fermenting agent.

I, II, III

iii(a)..

113.13(a)

An incarcerated individual shall not make, sell, or exchange any alcoholic beverage or intoxicant. Sale or exchange of yeast or any other fermenting agent is prohibited. An incarcerated individual shall not conspire with any person to introduce such items into the facility.

I, II, III

iv.

113.14

An incarcerated individual shall not possess outdated or unauthorized types or quantities of medication, nor shall an incarcerated individual sell, exchange or provide any medication to anyone.

I, II

v.

113.15

An incarcerated individual shall not purchase, sell, loan, give or exchange a personally owned article without authorization.

I, II

vi.

113.16

An incarcerated individual shall not be in possession of stamps in excess of $22.50 in value, money, credit card, credit card numbers, check or unauthorized valuable or property.

I, II

vii.

113.17

An incarcerated individual shall not be in possession of jewelry other than that which is authorized by the facility.

I, II

viii.

113.18

An incarcerated individual shall not be in possession of a tool without authorization.

I, II, III

ix.

113.19

An incarcerated individual shall not possess tobacco products in excess of an amount authorized by the facility. An incarcerated individual may not have more than two packages of cigarettes on his or her person other than for transporting tobacco products from the commissary or package room to the housing unit for storage.

I, II

x.

113.20

An incarcerated individual shall not possess State clothing or bedding in excess of authorized issue. The altering of State-issued clothing or bedding is prohibited. An incarcerated individual shall be required to pay for State clothing or bedding that has been altered without authorization.

I, II

xi.

113.21

An incarcerated individual shall not possess literature or any other material which has been disapproved by the Media Review Committee.

I, II

xii.

113.22

An incarcerated individual shall not use or possess an article in an area where its use or possession if prohibited.

I, II

xiii.

113.23

In addition to those items of contraband specifically identified by this rule series, an incarcerated individual shall not possess any item unless it has been specifically authorized by the superintendent or designee, the rules of the department or the local rules of the facility.

I, II

xiv.

113.24

An incarcerated individual shall not use or be under the influence of any Tier II, III narcotics or controlled substances unless prescribed by a health service provider and then only in the amount prescribed. Note: For purposes of this rule, a controlled substance is any substance listed in § 3306 of the Public Health Law; § 812 of Title 21 of the United States Code; § 1308.11 through 1308.15 of Title 21 of the Code of Federal Regulations; or § 9.1 of Title 10 NYCRR.

I, II

xv.

113.25

113.25 An incarcerated individual shall not make, possess, sell or exchange any Tier II, III narcotic, narcotic paraphernalia, controlled substance or marijuana. An incarcerated individual shall not conspire with any person to introduce such items into the facility. Note: For purposes of this rule, a controlled substance is any substance listed in § 3306 of the Public Health Law; § 812 of Title 21 of the United States Code; § 1308.11 through 1308.15 of Title 21 of the Code of Federal Regulations; or § 9.1 of Title 10 NYCRR.

II, III

xvi.

113.26

An incarcerated individual shall not, without written authorization of the superintendent, solicit, possess or exchange personal identifying information (e.g. social security number, home address, private e-mail address or home telephone number) belonging to a person who is a present or former employee of the department or presently or formerly employed in a department facility, or to any member of the person's household, unless the incarcerated individual is an immediate family member of such person.

I, II

xvii.

113.27

An incarcerated individual shall not solicit, possess or exchange any disciplinary or grievance document pertaining to another incarcerated individual, or any document which contains crime and sentence information pertaining to another incarcerated individual who is not a codefendant, without authorization from the superintendent.

I, II

xviii.

113.28

An incarcerated individual shall not possess any description or depiction of any correctional facility; any facility post a description, staffing chart or related document; any Directive with a distribution code of "D" or any corresponding topical manual or facility policy and procedure.

II, III

xix.

113.29

An incarcerated individual shall not possess poppy seeds or any product containing poppy seeds.

I, II

xx.

113.30

An incarcerated individual shall not possess any Uniform Commercial Code (UCC) article 9 form, including but not limited to any financing statement (UCC1, UCC1Ad, UCC1AP, UCC3, UCC3Ad, UCC3AP, UCC1CAd), correction statement (UCC5) or information request (UCC11), whether printed, copied, typed or hand written, or any document concerning a scheme involving an incarcerated individual's "strawmen," "House Joint Resolution 192 of 1933," the "Redemptive Process," "Acceptance for Value" presentments or document indicating copyright or attempted copyright of an incarcerated individual's name absent prior written authorization from the superintendent.

I, II

xxi.

113.31

An incarcerated individual shall not use, possess or be under the influence of any alcoholic beverage or intoxicant, yeast, or any other fermenting agent.

I, II

xxii.

113.32

An incarcerated individual shall not make, sell, or exchange any alcoholic beverage or intoxicant. Sale or exchange of yeast or any other fermenting agent is prohibited. Anincarcerated individual shall not conspire with any person to introduce such items into the facility.

I, II, III

xxiii.

113.30

An incarcerated individual shall not make, possess, sell or exchange any narcotic, narcotic paraphernalia, controlled substance or marijuana.

I, II, III

xxiv.

113.34

An incarcerated individual shall not conspire with any person to introduce any narcotic, narcotic paraphernalia, controlled substance or marijuana into the facility.

I, II, III

15. Rule Series 114 Smuggling.

Tier

i.

114.10

An incarcerated individual shall not smuggle or attempt to smuggle or solicit others to smuggle any item in or out of the facility or from one area to another.

I, II, III

16. Rule Series 115 Searches and Frisks.

Tier

i.

115.10

An incarcerated individual shall comply with all frisk and search procedures.

I, II

17. Rule Series 116 Destruction of, Tampering with, and Theft of Property.

Tier

i.

116.10

An incarcerated individual shall not lose, destroy, steal, misuse, damage or waste any type of State property.

I, II

ii.

116.11

An incarcerated individual shall not alter, tamper with or attempt to repair any type of State or personal property without authorization.

I, II

iii.

116.12

An incarcerated individual shall not alter, forge or counterfeit any document. An incarcerated individual shall not distribute or be in possession of any departmental document without authorization.

I, III

iv.

116.13

An incarcerated individual shall not steal, destroy or intentionally damage any property belonging to others or possess any stolen property.

I, II

18. Rule Series 117 Explosion or Explosive Devices.

Tier

i.

117.10

An incarcerated individual shall not cause or attempt to cause an explosion. The possession of an explosive device, material that can be used to make an explosive device, or material which depicts or describes the construction or use of an explosive device, is prohibited.

II, III

19. Rule Series 118 Creating a Fire, Health or Safety Hazard.

Tier

i.

118.10

An incarcerated individual shall not start or attempt to start a fire unless directed to do so by facility staff.

II, III

ii.

118.20

An incarcerated individual shall not tattoo or otherwise permanently mark his or her or another's body, or allow his or her body to be tattooed or permanently marked by another. An incarcerated individual shall not be in possession of an instrument or device used for the purpose of making tattoos.

I, II

iii.

118.21

An incarcerated individual shall not create a fire, health or safety hazard in any area of the facility by improperly storing or using flammable materials or other property, in his or her living quarters or any other area of the facility.

I, II

iv.

118.22

An incarcerated individual shall not commit an unhygienic act such as spitting, urinating or defecating on the floor or any other area; propelling urine, feces, bodily fluids, water, or food; or storing urine, feces or bodily fluids.

I, II, III

v.

118.23

An incarcerated individual shall promptly report illness or injury to a facility employee.

I, II

vi.

118.24

An incarcerated individual shall follow posted safety regulations.

I, II

vii.

118.25

Rescind Creating a Fire, Health or Safety Hazard

viii.

118.30

An incarcerated individual shall maintain the cleanliness and orderliness of his her living quarters, clothing and person.

I, II

ix.

118.31

An incarcerated individual shall not alter, rewire, tamper or attempt to repair electrical outlets or any electrical device.

I, II

x.

118.32

An incarcerated individual shall participate in a fire drill or fire alarm in a prompt and orderly fashion.

I, II

xi.

118.33

An incarcerated individual shall not intentionally cause flooding in his or her housing area or other part of the facility.

I, II

20. Rule Series 119 False Alarms.

Tier

i.

119.10

An incarcerated individual shall not make a false report of a fire, emergency, disturbance or other threat to the safety of a facility.

I, III

ii.

119.11

An incarcerated individual shall not tamper with any fire or extinguishing device unless authorized by a facility staff member.

I, II, III

21. Rule Series 120 Gambling.

Tier

i.

120.20

An incarcerated individual shall not engage in any form of gambling, betting or wagering, or be in possession of gambling paraphernalia.

I, II

ii.

120.21

Rescind. Gambling

22. Rule Series 121 Abuse of Telephone Privileges.

Tier

i.

121.10

An incarcerated individual shall not communicate by telephone with any department employee without the authorization of the superintendent or designee.

I, II

ii.

121.11

An incarcerated individual shall not engage in a telephone call to a telephone number which has been connected through call-forwarding or a call-forwarding service. Telephone calls and telephone conversations shall be restricted to the telephone number dialed or otherwise placed by or for the incarcerated individual. Telephone call-forwarding, the use of a call forwarding service or other third-party phone call function, and the use of a credit card to place a call are prohibited.

I, II

iii.

121.12

An incarcerated individual shall comply with and follow the guidelines and instructions given by the staff regarding facility telephone programs pursuant to the requirements of departmental Directive No. 4423 (7 NYCRR Part 723).

I, II

iv.

121.13

An incarcerated individual shall not use facility telephones without the authorization of facility staff. An incarcerated individual in an outside work gang or other type of supervised community project shall not use and outside telephone without the authorization of facility staff.

I, II

v.

121.14

An incarcerated individual shall not exchange a personal identification number (PIN), or use the PIN of another incarcerated individual.

I, II

23. Rule Series 122 Smoking.

Tier

i.

122.10

An incarcerated individual may only smoke outdoors in designated areas.

I, II

24. Rule Series 123 Self-Mutilation.

Tier

i.

123.10

Rescind. Self-Mutilation.

25. Rule Series 124 Mess Hall or Dining Areas.

Tier

i.

124.10

Mess Hall or Dining Areas

ii.

124.11

Mess Hall or Dining Areas.

iii.

124.12

An incarcerated individual shall take all silverware or plasticware offered on the mess hall line and dispose of such items in accordance with facility policy.

I, II

iv.

124.13

An incarcerated individual shall attend all mandatory meals as designated by facility policy.

I, II

v.

124.14

Mess Hall or Dining Areas

vi.

124.15

Mess Hall or Dining Areas

vii.

124.16

Mess Hall or Dining Areas

26. Rule Series 180 Miscellaneous Rules and Regulations.

Tier

i.

180.10

Rescind. Mess Hall or Dining Areas

I, II

ii.

180.11

An incarcerated individual shall comply with and follow the guidelines and instructions given by staff regarding facility correspondence procedures pursuant to requirements of departmental Directive Nos. 4422 and 4421 (7 NYCRR Parts 720 and 721).

I, II

iii.

180.12

An incarcerated individual shall comply with and follow the guidelines and instructions given by staff regarding facility package procedures pursuant to the requirements of departmental Directive No. 4911 (7 NYCRR Part 724).

I, II

iv.

180.13

An incarcerated individual shall comply with and follow the guidelines and instructions given by staff regarding Family Reunion Program pursuant to the requirements of departmental Directive No. 4500 (7 NYCRR Part 220).

I, II

v.

180.14

Rescind. Mess Hall or Dining Areas

I, II

vii.

180.17

An incarcerated individual may not provide legal assistance to another incarcerated individual without prior approval of the superintendent or designee. An incarcerated individual shall not receive any form of compensation for providing legal assistance.

I, II

viii.

180.18

An incarcerated individual shall accept a program assignment in accordance with established facility program committee procedures.

I, II

ix.

180.19

An incarcerated individual shall comply with and follow the guidelines and instructions given by staff regarding alcohol screening tests. This includes providing a urine sample or taking a field test when ordered to do so.

I, II

27. Rule Series 181 Disciplinary Hearings.

Tier

i.

181.10

An incarcerated individual shall comply with the dispositions imposed by a hearing officer in a Tier I, Tier II and Tier III hearings.

I, II