OFFENDER RULEBOOK

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OFFENDERRULEBOOKMISSOURI DEPARTMENTOF CORRECTIONS

INTRODUCTIONThis rulebook is intended to assist each personduring the time assigned to an institution in thedivision of adult institutions and the division ofoffender rehabilitative services. It contains a list ofprohibited behaviors, provides a brief descriptionof the corrective process, and outlines correctiveactions which may be taken.Conduct rules are essential to ensure safety andsecurity for everyone within a correctional institution.The conduct rules and corrective process aredesigned to clearly identify prohibited conduct andto promote responsible behavior. The departmentis committed to fair and impartial enforcement of theconduct rules. It is an expectation that each personwill comply fully with the divisional and institutionalrules and treat others with respect and civility.This will help to make each person’s stay with thedepartment as trouble-free as possible.We urge each person to utilize this period ofincarceration to make and demonstrate lifeimprovements. Compliance with conduct rules andactive involvement in work, education, and otherrehabilitative programs available at the institution will1

help to make the period of incarceration productiveand prepare for a successful reentry to live in a freesociety.In the event that any of the conduct rules orsanctions are revised, revisions will be posted inareas accessible in the offender library. Revisionsto the rules and sanctions will not necessarily resultin a new rulebook being issued. Each person isencouraged to visit the institution library and reviewpolicies and procedures which have been developedto assist both staff and offenders in the everydayoperation of the institution.The information in this rulebook is very importantand has been taken from IS19-1.6 OffenderAccountability Program. If there are any questionsor problems understanding anything in this book, aska unit staff member for assistance.All references in the procedure to the male genderare used for convenience only and shall beconstrued to include both female and male genders.2

DEFINITIONSThe following definitions are used with the offenderconduct rules or sanctions. Make certain thesedefinitions are understood.Accessory: A person who provides assistance tosomeone engaging in prohibited behavior.Adjustment Board: A two member team consistingof a functional unit manager or treatment unitsupervisor and a corrections officer III or higherranking custody staff person will be assignedas the adjustment board to conduct hearings onmajor conduct violations. More than 2 peoplemay be assigned this duty. The functional unitmanager or treatment unit supervisor will serve asthe chairperson and may be rotated per standardoperating procedure.Attempt: To engage in an act which is a step in acourse of action leading to a prohibited behavior.Conspire: To agree with one or more other personsto engage in a prohibited behavior, with at least oneacting in furtherance of that behavior.3

Controlled and/or Intoxicating Substance: Anymedication or substance which alters an offender’smental state or causes a euphoric response, (e.g.,synthetic drugs or derivatives of; marijuana; heroin;bath salts; etc., or prescription medications such asTramadol, Vicodin, etc.).1. EXAMPLE #1: When an offender is found witha controlled substance or controlled medication,without a prescription, this would fall under Rule#11 – Possessionand/or use of a Controlled and/or IntoxicatingSubstance.2. EXAMPLE #2: When a controlled substanceor controlled medication is prescribed to anoffender as a watch-take medication, and he isfound to be in possession or with more than hisprescription, this would fall underRule #24 – Contraband.Corrective Hearing Officer: A case manageror addiction counselor I/II within each unit who isresponsible for holding corrective hearings andrecommending corrective actions. More than oneperson may be assigned this duty.4

Deadly Weapon/Dangerous Instrument/Device/Substance: Any item or substance which under thecircumstances used, attempted or threatened to beused or capable of being used, may cause death orserious physical injury.Informal Sanctions: These sanctions includecounseling, warning or reprimand, phone restriction,living area restriction, extra duty, and propertyimpoundment. If documented, they are not intendedto be utilized for classification purposes. Informalsanctions may be placed into an offender’s file andnoted on an offender’s chronological log.Interpreter: A department staff person with aproficient knowledge of a non-English speakingoffender’s native language, who is willing to translateinformation to and from English and who has beenapproved by the warden or designee.Major Conduct Violation: Any of the first nine (9)conduct violation rules listed (1-9.5) as stated inthe offender rulebook or rules of conduct referencedocument or any conduct violation which couldbe considered serious due to the circumstancessurrounding the violation.5

Minor Conduct Violation: The 10 through 41.9conduct violation rules as stated in the offenderrulebook or rules of conduct reference document;unless it is determined to be serious due to thecircumstances surrounding the violation.Non-English Speaking Offender: An offender whodoes not speak English as his primary language andwho has a limited ability to read, speak, write, orunderstand English.Possession: An offender is considered to bein possession of an item if it is in his physicalpossession, or if it is in an area which he occupies orto which he is assigned, such as a living space, bed,or locker.Prison Rape Elimination Act (PREA): A federallaw established to address the prevention, detection,response, and monitoring of offender sexual abuseand harassment in prisons, jails, and communityconfinement facilities.Offender Sexual Abuse: Includes sexual abuse ofan offender by another offender and sexual abuse ofan offender by staff member.1. Offender on Offender Sexual Abuse: Sexualabuse of one offender by another offender6

includes any of the following acts, if the victimdoes not consent, is coerced into such act byovert or implied threats of violence, or is unableto consent or refuse:a. Contact between the penis and the vulvaor the penis and the anus, includingpenetration, however slight.b. Contact between the mouth and the penis,vulva, or anus.c. Penetration of the anal or genital openingof another person, however slight, by ahand, finger, object, or other instrument.d. Any other intentional touching, eitherdirectly or through the clothing, of thegenitalia, anus, groin, breast, inner thigh, orthe buttocks of another person, excludingcontact incidental to a physical altercation.2. Staff Member on Offender Sexual Abuse: Sexualabuse of an offender by a staff member, includingany of the following acts, with or without consentof the offender:a. Contact between the penis and the vulvaor the penis and the anus, includingpenetration, however slight.7

b. Contact between the mouth and the penis,vulva, or anus.c. Contact between the mouth and any bodypart where the staff member has the intentto abuse, arouse, or gratify sexual desire.d. Penetration of the anal or genital opening,however slight, by a hand, finger, object, orother instrument, that is unrelated to officialduties or where the staff member has theintent to abuse, arouse, or gratify sexualdesire.e. Any other intentional contact, either directlyor through the clothing, of or with, thegenitalia, anus, groin, breast, inner thigh,or the buttocks, that is unrelated to officialduties or where the staff member, has theintent to abuse, arouse, or gratify sexualdesire.f. Any attempt, threat, or request by astaff member to engage in the activitiesdescribed in paragraphs (1) through (5) ofthis definition.8

g. Any display by a staff member of his or heruncovered genitalia, buttocks, or breast inthe presence of an offender.h. Voyeurism by a staff member which isan invasion of privacy of an offender, forreasons unrelated to the staff members’official duties, such as peering at anoffender who is using a toilet in his cellto perform bodily functions; requiring anoffender to expose his buttocks, genitals,or breasts; or taking images of all or part ofan offender’s naked body or of an offenderperforming bodily functions.Offender Sexual Harassment:1. Repeated and unwelcome sexual advances,requests for sexual favors, or verbal comments,gestures, or actions of a derogatory or offensivesexual nature by one offender directed towardanother.2. Repeated verbal comments or gestures of asexual nature to an offender by a staff member,contractor, or volunteer, including demeaningreferences to gender, sexually suggestive orderogatory comments about body or clothing, orobscene language or gestures.9

Qualified Interpreter: A person certified andlicensed by the Missouri Interpreter CertificationSystem or deemed competent by the MissouriCommission for the Deaf.Qualified Mental Health Professional (QMHP):Includes psychiatrists, psychiatric nursepractitioners, psychologists, licensed clinical socialworkers, licensed masters’ social worker, licensedprofessional counselors, provisionally licensedprofessional counselors and others who by the virtueof their education, credentials and experience arepermitted by law to evaluate and care for the mentalhealth needs of patients.Rules of Conduct: The department’s list ofbehavioral rules, by which offenders must abide.Any violation of these rules may result in theissuance of a conduct violation with appropriatecorrective actions imposed.Sexual Abuse and/or Violence: Sexual violenceincludes either of the following:1. NON CONSENSUAL SEXUAL ACTS: Contactof any person without his consent, or of a personwho is unable to consent or refuse; anda. Contact between the penis and the vagina10

or the penis and the anus includingpenetration, however slight; orb. Contact between the mouth and the penis,vagina, or anus; orc. Penetration of the anal or genital openingof another person by hand, finger, or otherobject.2. ABUSIVE SEXUAL CONTACTS: Contact of anyperson without his consent, or of a person who isunable to consent or refuse; anda. Intentional touching, either directly orthrough the clothing of the genitalia,anus, groin, mouth, breast, inner thigh, orbuttocks of any person;b. Exclude incidents in which the intent ofthe sexual contact is to harm or debilitaterather than to sexually exploit.Sexual Assault: A sexual act that is coercive orassaultive in nature and where there is the use orthreat of force.Sexual Parts: Genitalia, anus, groin, breast, mouth,inner thigh, or buttocks.Staff Member: Any person who is employed by11

the department on a classified or unclassified basis(permanent, temporary, part-time, hourly, per diem)and is paid by the State of Missouri’s payroll system;contracted to perform services on a recurring basiswithin a department facility (i.e. medical services,mental health services, education services,vocational services, substance use treatmentservices, etc.) pursuant to a contractual agreementand has been issued a permanent departmentidentification card; a volunteer in corrections; astudent intern; or issued a department identificationcard or special access in accordance with thedepartment procedure regarding staff memberidentification.Suspended Sanction: A corrective sanction thatis not imposed for a specific period of time unlessanother violation occurs during the time indicated,however, the violation will remain as a part of theoffender’s permanent record.Table: Delaying the prescribed time frame forholding a corrective hearing or adjustment board dueto extenuating circumstances.Technical Error: An act or assertion thatunintentionally deviates from what is correct, right,or true. Examples of technical errors include, but12

are not limited to: wrong date, time, offender name,department number, incomplete report, or the lack ofnoted extenuating circumstances.CONDUCT VIOLATIONSOffenders are not allowed to engage in the followinglisted behaviors. Any offender found to haveengaged in any of these may be issued a conductviolation with appropriate sanctions imposed.An offender will not be issued a conduct violation forsexual misconduct involving a staff member unlessthe sexual activity is forced upon the staff memberby the offender.The following is a list of conduct rules. The first nine(9) conduct violation rules (1-9.5) shall be consideredmajor conduct violations.13

RULES OF CONDUCT:1. MURDER OR MANSLAUGHTER:1.1LEVELCausing the death of another person.12. ASSAULT:2.1Causing serious physical injury toanother either with or without a weapon,or through the use of any substance,instrument, or device that requiresurgent and immediate medical treatmentwhich is more extensive than mere firstaid.12.2Causing a person to come into contactwith or throwing or projecting feces orbody fluids (i.e. urine, blood, saliva, etc.).12.3Subjecting a staff member withoutconsent to physical contact by kissing ortouching the sexual parts.13. DANGEROUS CONTRABAND:3.1Making, transferring, or possessing afirearm, pointed or edged weapon toinclude a razor blade affixed to a selfmade handle, bludgeon, club, or otherinstrument or substance which is readilycapable of causing death or seriousphysical injury.141

3.2Possession or use of any unauthorizedtelecommunications device orcomponent thereof, as well as, any othertechnological device which is capable ofor can easily be made capable of verbalcommunication, accessing the internet,or storing information, which couldjeopardize the safety and security of theinstitution (i.e. voice, text, data, music,flash drives, IPod, etc.).13.3Use of one or more loose razor bladesor other instrument or device as aweapon or placed in such a manner asto pose harm to another.14. ESCAPE:4.1Perimeter Escape – leaving the securityperimeter or grounds of a correctionalcenter or treatment center withoutauthorization.14.2Leaves an institutional work releaseassignment.14.3Flees supervision while beingtransported.14.4Otherwise flees from direct supervisionwhile outside the security perimeter.115

4.5Wearing or making a disguise.14.6Possessing instruments of escape, suchas handcuff keys, lock pick, hacksawblades, rope, or any other instrument ofescape14.7Possessing maps, plans, or making plotsconcerning escape by written or verbalcommunication.14.8Possessing any staff member uniform,non-offender staff member clothing, ornon-offender identification card.15. HOSTAGE OR RESTRAINT:5.1Detaining, holding, or taking a personagainst his will.16.1Three or more offenders participatingin violent behavior that interferes withnormal operations of the facility andcreates a danger of damaging propertyor injuring persons.16.2Inciting a riot by encouraging offendersto engage in a violation of rule 6.1,or once a riot begins, assuming aposition of command, or instruction infurtherance of the riot.16. RIOT:16

7. FORCIBLE SEXUAL ABUSE:7.1Using force, coercion, or threats of forceto obtain the compliance of anotherperson in any type of sexual act.17.2Intentional touching with or without theuse of force, either directly or throughthe clothing of the genitalia, anus, groin,breast, mouth, inner thigh, or buttocks ofany person without his consent.17.3Deliberate and conspicuous exposureof one’s genitals or masturbation towardothers.18. ARSON:8.1Knowingly or negligently starting a fire orcausing an explosion.19. ORGANIZED DISOBEDIENCE:9.1Three or more offenders gathering in anon-violent manner who refuse to obeyorders.19.2Three or more offenders gathering in anon-violent manner to discuss, petition,or encourage the disobedience of rulesor laws.117

9.3Inciting organized disobedience byencouraging offenders to assemble andrefuse to disperse or to engage in otheracts of organized disobedience.19.4Three or more offenders participating inacts of organized disobedience such asrefusal to work, hunger strikes, or nonviolent demonstrations.19.5One or more offenders engaging in orattempting in organizing, conspiring, orbeing disobedient by kicking or bangingon cell doors or cell windows, (with orwithout an object) littering walk ways,flooding cells, etc. or encouraging otheroffenders to engage in negative behaviorthat may jeopardize institutional security.110. MINOR ASSAULT:10.1Causing non-serious physical injury bystriking another, which may result inminor first aid being administered.210.2Using a non-dangerous object orsubstance; or by any other physicallyaggressive act.210.3Subjecting a staff member to anyphysical contact without his consent.218

11. POSSESSION AND/OR USE OF ACONTROLLED AND/OR INTOXICATINGSUBSTANCE:11.1Possessing a controlled and/orintoxicating medication or substance thatis not prescribed to the offender.211.2Being involved in any way with anagreement, scheme, or plan to introducea controlled substance or intoxicant intoa department facility.211.3Possessing or making intoxicants,including alcohol.211.4Possessing drug paraphernalia (Anyitem used to ingest, or consumecontrolled or intoxicating substances,such as pipes, roach clips, syringes,etc.).211.5Being found by observation or test tobe under the influence of any controlledor intoxicating substance not officiallyprescribed or authorized.211.6Refusing to submit to any alcohol test ordrug test.219

11.7Refusing to submit a urine sample.(Failure to submit the required amountof acceptable urine specimen in therequired time period is considered to bea refusal to submit.)211.8Submitting an adulterated, substituted,or diluted urine sample.211.9Possessing recipes or formulasfor manufacturing a controlled orintoxicating substance.211.10 Possessing a controlled and/orintoxicating substance or scheduledmedication which is illegal.212. THREATS:12.1Taking action (either verbally, physically,or in writing) which harms or creates thebelief of harm to another person or hisproperty.212.2Threatening a victim or victim’s familywith physical harm.212.3Threatening or harassing a victim orvictim’s family.212.4Using threats, implied threats, orcoercion in an attempt to gain one’scompliance or something of value.220

13. POSSESSION OF MONEY OR LEGALTENDER:13.1Possessing money or legal tender of anytype without authorization.214. FALSE IDENTIFICATION:14.1Making, wearing, or having possessionof unauthorized clothing or items, whichwould lead others to believe he issomeone else.214.2Making or having possession of any itemto replace him in his absence.214.3Having possession of false orunauthorized offender identification orverbally claiming to be another offender.215. SEXUAL MISCONDUCT:15.1Engaging with another offender in anytype of consensual sexual activity.215.2Engaging in the self-touching of one’ssexual parts in view of others.215.3Exposing one’s sexual parts to otherswhen appropriate clothing privacybarriers are provided.221

15.4Subjecting another person to unwantedsexual advances, requests for sexualfavors, comments, gestures, or actionsof a derogatory or offensive sexualnature.216. TATTOOING OR BODY ALTERING:16.1Altering the appearance of one’s bodyby applying permanent designs on theskin, body piercing, or branding.216.2Possessing or using any instrument forthe purpose of making a tattoo, bodypiercing or branding.217. Self Harm - Rescinded18. INTERFERING WITH A COUNT:18.1Failing to abide by institutional countprocedures.218.2Disrupting any count by being absentfrom the assigned area or being out ofthe designated position.218.3Distracting the staff member in anymanner while making a count.222

19. CREATING A DISTURBANCE:19.1Any action on the part of one or moreoffenders that threatens the custody,control, or security of the institution.219.2Taking any evasive action including,but not limited to running from or hidingfrom a staff member for the purpose ofavoiding observation or apprehension.219.3Destroying any potential evidence byingesting it, flus

information to and from English and who has been approved by the warden or designee. Major Conduct Violation: Any of the first nine (9) conduct violation rules listed (1-9.5) as stated in the offender rulebook or rules of conduct reference document or any conduct violation w

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