28 C.F.R. § 541.13 Prohibited acts and disciplinary severity scale.
Title 28 - Judicial Administration
Title 28: Judicial Administration
PART 541—INMATE DISCIPLINE AND SPECIAL HOUSING UNITS
Subpart B—Inmate Discipline and Special Housing Units
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§ 541.13 Prohibited acts and disciplinary severity scale.
(a) There are four categories of prohibited acts—Greatest, High, Moderate, and Low Moderate (see table 3 for identification of the prohibited acts within each category). Specific sanctions are authorized for each category (see table 4 for a discussion of each sanction). Imposition of a sanction requires that the inmate first is found to have committed a prohibited act.
(1) Greatest category offenses. The Discipline Hearing Officer (DHO) shall impose and execute one or more of sanctions A through E. Sanction B.1 must be imposed for a VCCLEA inmate rated as violent (i.e., an inmate who, as specified in the Violent Crime Control and Law Enforcement Act of 1994, committed a crime of violence on or after September 13, 1994) and for a PLRA inmate (i.e., an inmate who has been sentenced for an offense committed on or after April 26, 1996). The DHO may impose and execute sanction F and/or G only in addition to execution of one or more of sanctions A through E. Except as noted in the sanction, the DHO may also suspend one or more additional sanctions A through G.
(2) High category offenses. The Discipline Hearing Officer shall impose and execute one or more of sanctions A through M, and, except as noted in the sanction, may also suspend one or more additional sanctions A through M. Sanction B.1 must be imposed for a VCCLEA inmate rated as violent and for a PLRA inmate. The Unit Discipline Committee shall impose and execute one or more of sanctions G through M, and may also suspend one or more additional sanctions G through M, except for a VCCLEA inmate rated as violent. All high category offense charges for a VCCLEA inmate rated as violent and for a PLRA inmate must be referred to the DHO.
(3) Moderate category offenses. The Discipline Hearing Officer shall impose at least one sanction A through N, but, except as noted in the sanction, may suspend any sanction or sanctions imposed. Sanction B.1 ordinarily must be imposed for a VCCLEA inmate rated as violent and for a PLRA inmate. Except for charges referred to the DHO, the Unit Discipline Committee shall impose at least one sanction G through N, but may suspend any sanction or sanctions imposed. The UDC ordinarily shall refer to the DHO a moderate category charge for a VCCLEA inmate rated as violent or for a PLRA inmate if the inmate had been found to have committed a moderate category offense during the inmate's current anniversary year (i.e., the twelve month period of time for which an inmate may be eligible to earn good conduct time). The UDC must thoroughly document in writing the reasons why the charge for such an inmate was not referred to the DHO.
(4) Low moderate category offenses. The Discipline Hearing Officer shall impose at least one sanction B.1, or E through P. The Discipline Hearing Officer may suspend any E through P sanction or sanctions imposed (a B.1 sanction may not be suspended). Except for charges referred to the DHO, the Unit Discipline Committee (UDC) shall impose at least one sanction G through P, but may suspend any sanction or sanctions imposed. The UDC ordinarily shall refer to the DHO a low moderate category charge for a VCCLEA inmate rated as violent or for a PLRA inmate if the inmate had been found to have committed two low moderate category offenses during the inmate's current anniversary year (i.e., the twelve month period of time for which an inmate may be eligible to earn good conduct time). The UDC must thoroughly document in writing the reasons why the charge for such an inmate was not referred to the DHO.
(b) Aiding another person to commit any of these offenses, attempting to commit any of these offenses, and making plans to commit any of these offenses, in all categories of severity, shall be considered the same as a commission of the offense itself. In these cases, the letter “A” is combined with the offense code. For example, planning an escape would be considered as Escape and coded 102A. Likewise, attempting the adulteration of any food or drink would be coded 209A.
(c) Suspensions of any sanction cannot exceed six months. Revocation and execution of a suspended sanction require that the inmate first is found to have committed any subsequent prohibited act. Only the Discipline Hearing Officer (DHO) may execute, suspend, or revoke and execute suspension of sanctions A through F. The Discipline Hearing Officer (DHO) or Unit Discipline Committee (UDC) may execute, suspend, or revoke and execute suspensions of sanctions G through P. Revocations and execution of suspensions may be made only at the level (DHO or UDC) which originally imposed the sanction. The DHO now has that authority for suspensions which were earlier imposed by the Inmate Discipline Committee (IDC).
(d) If the Unit Discipline Committee has previously imposed a suspended sanction and subsequently refers a case to the Discipline Hearing Officer, the referral shall include an advisement to the DHO of any intent to revoke that suspension if the DHO finds that the prohibited act was committed. If the DHO then finds that the prohibited act was committed, the DHO shall so advise the Unit Discipline Committee who may then revoke the previous suspension.
(e) The Unit Discipline Committee or Discipline Hearing Officer may impose increased sanctions for repeated, frequent offenses according to the guidelines presented in table 5.
(f) Sanctions by severity of prohibited act, with eligibility for restoration of forfeited and withheld statutory good time are presented in table 6.
Table 3_Prohibited Acts and Disciplinary Severity Scale------------------------------------------------------------------------ Code Prohibited acts Sanctions------------------------------------------------------------------------ GREATEST CATEGORY The UDC shall refer all Greatest Severity Prohibited Acts to the DHO with recommendations as to an appropriate disposition.------------------------------------------------------------------------ Killing 100 A. Recommend parole date Assaulting any person (includes rescission or sexual assault) or an armed retardation. assault on the institution's B. Forfeit earned secure perimeter (a charge for statutory good time or assaulting any person at this non-vested good conduct level is to be used only when time (up to 100%) and/ serious physical injury has been or terminate or attempted or carried out by an disallow extra good inmate) time (an extra good Escape from escort; escape from a time or good conduct secure institution (low, medium, time sanction may not and high security level and be suspended). administrative institutions); or B.1 Disallow ordinarily escape from a minimum between 50 and 75% (27- institution with violence 41 days) of good Setting a fire (charged with this conduct time credit act in this category only when available for year (a found to pose a threat to life good conduct time or a threat of serious bodily sanction may not be harm or in furtherance of a suspended). prohibited act of Greatest C. Disciplinary Transfer Severity, e.g., in furtherance (recommend). of a riot or escape; otherwise D. Disciplinary the charge is properly segregation (up to 60 classified Code 218, or 329) days). Possession, manufacture, or E. Make monetary introduction of a gun, firearm, restitution. weapon, sharpened instrument, F. Withhold statutory knife, dangerous chemical, good time (Note_can be explosive or any ammunition in addition to A Rioting through E_cannot be the Encouraging others to riot only sanction Taking hostage(s) executed). Possession, manufacture, or G. Loss of privileges introduction of a hazardous tool (Note_can be in (Tools most likely to be used in addition to A through an escape or escape attempt or E_cannot be the only to serve as weapons capable of sanction executed). doing serious bodily harm to others; or those hazardous to institutional security or personal safety; e.g., hack-saw blade) (Not to be used) Refusing to provide a urine sample or to take part in other drug-abuse testing Introduction of any narcotics, marijuana, drugs, or related paraphernalia not prescribed for the individual by the medical staff Use of any narcotics, marijuana, drugs, or related paraphernalia not prescribed for the individual by the medical staff Possession of any narcotics, marijuana, drugs, or related paraphernalia not prescribed for the individual by the medical staff Use of the telephone to further criminal activity Interfering with a staff member in the performance of duties. (Conduct must be of the Greatest Severity nature.) This charge is to be used only when another charge of greatest severity is not applicable Conduct which disrupts or interferes with the security or orderly running of the institution or the Bureau of Prisons. (Conduct must be of the Greatest Severity nature.) This charge is to be used only when another charge of greatest severity is not applicable HIGH CATEGORY------------------------------------------------------------------------ Escape from unescorted Community A. Recommend parole date Programs and activities and Open rescission or Institutions (minimum) and from retardation. outside secure1 B. Forfeit earned institutions_without violence statutory good time or Fighting with another person non-vested good conduct (Not to be used) time up to 50% or up to Threatening another with bodily 60 days, whichever is harm or any other offense less, and/or terminate Extortion, blackmail, protection: or disallow extra good Demanding or receiving money or time (an extra good anything of value in return for time or good conduct protection against others, to time sanction may not avoid bodily harm, or under be suspended). threat of informing B.1 Disallow ordinarily Engaging in sexual acts between 25 and 50% (14- Making sexual proposals or 27 days) of good threats to another conduct time credit Wearing a disguise or a mask available for year (a Possession of any unauthorized good conduct time locking device, or lock pick, or sanction may not be tampering with or blocking any suspended). lock device (includes keys), or C. Disciplinary transfer destroying, altering, (recommend). interfering with, improperly D. Disciplinary using, or damaging any security segregation (up to 30 device, mechanism, or procedure days). Adulteration of any food or drink E. Make monetary (Not to be used) restitution. Possessing any officer's or staff F. Withhold statutory clothing good time. Engaging in, or encouraging a G. Loss of privileges: group demonstration commissary, movies, Encouraging others to refuse to recreation, etc. work, or to participate in a H. Change housing work stoppage (quarters). (Not to be used) I. Remove from program Introduction of alcohol into BOP and/or group activity. facility J. Loss of job. Giving or offering an official or K. Impound inmate's staff member a bribe, or personal property. anything of value L. Confiscate Giving money to, or receiving contraband. money from, any person for M. Restrict to quarters. purposes of introducing contraband or for any other illegal or prohibited purposes Destroying, altering, or damaging government property, or the property of another person, having a value in excess of $100.00 or destroying, altering, or damaging life-safety devices (e.g., fire alarm) regardless of financial value Stealing (theft; this includes data obtained through the unauthorized use of a communications facility, or through the unauthorized access to disks, tapes, or computer printouts or other automated equipment on which data is stored.) Demonstrating, practicing, or using martial arts, boxing (except for use of a punching bag), wrestling, or other forms of physical encounter, or military exercises or drill (except for drill authorized and conducted by staff) Being in an unauthorized area with a person of the opposite sex without staff permission Making, possessing, or using intoxicants Refusing to breathe into a breathalyzer or take part in other testing for use of alcohol Assaulting any person (charged with this act only when a less serious physical injury or contact has been attempted or carried out by an inmate) Use of the telephone for abuses other than criminal activity (e.g., circumventing telephone monitoring procedures, possession and/or use of another inmate's PIN number; third-party calling; third-party billing; using credit card numbers to place telephone calls, conference calling; talking in code) Interfering with a staff member in the performance of duties. (Conduct must be of the High Severity nature.) This charge is to be used only when another charge of high severity is not applicable Conduct which disrupts or interferes with the security or orderly running of the institution or the Bureau of Prisons. (Conduct must be of the High Severity nature.) This charge is to be used only when another charge of high severity is not applicable MODERATE CATEGORY------------------------------------------------------------------------ Indecent exposure A. Recommend parole date (Not to be used) rescission or Misuse of authorized medication retardation. Possession of money or currency, B. Forfeit earned unless specifically authorized, statutory good time or or in excess of the amount non-vested good conduct authorized time up to 25% or up to Loaning of property or anything 30 days, whichever is of value for profit or increased less, and/or terminate return 306 or disallow extra good Possession of anything not time (an extra good authorized for retention or time or good conduct receipt by the inmate, and not time sanction may not issued to him through regular be suspended). channels B.1 Disallow ordinarily Refusing to work, or to accept a up to 25% (1-14 days) program assignment of good conduct time Refusing to obey an order of any credit available for staff member (May be categorized year (a good conduct and charged in terms of greater time sanction may not severity, according to the be suspended). nature of the order being C. Disciplinary transfer disobeyed; e.g., failure to obey (recommend). an order which furthers a riot D. Disciplinary would be charged as 105, segregation (up to 15 Rioting; refusing to obey an days). order which furthers a fight E. Make monetary would be charged as 201, restitution. Fighting; refusing to provide a F. Withhold statutory urine sample when ordered would good time. be charged as Code 110 G. Loss of privileges: Violating a condition of a commissary, movies, furlough recreation, etc. Violating a condition of a H. Change housing community program (quarters). Unexcused absence from work or I. Remove from program any assignment and/or group activity. Failing to perform work as J. Loss of job. instructed by the supervisor K. Impound inmate's Insolence towards a staff member personal property. Lying or providing a false L. Confiscate statement to a staff member. contraband. Counterfeiting, forging or M. Restrict to quarters. unauthorized reproduction of any N. Extra duty. document, article of identification, money, security, or official paper. (May be categorized in terms of greater severity according to the nature of the item being reproduced; e.g., counterfeiting release papers to effect escape, Code 102 or Code 200) Participating in an unauthorized meeting or gathering Being in an unauthorized area Failure to follow safety or sanitation regulations Using any equipment or machinery which is not specifically authorized Using any equipment or machinery contrary to instructions or posted safety standards Failing to stand count Interfering with the taking of count (Not to be used) (Not to be used) Gambling 324 Preparing or conducting a gambling pool Possession of gambling paraphernalia Unauthorized contacts with the public Giving money or anything of value to, or accepting money or anything of value from: another inmate, or any other person without staff authorization Destroying, altering, or damaging government property, or the property of another person, having a value of $100.00 or less Being unsanitary or untidy; failing to keep one's person and one's quarters in accordance with posted standards Possession, manufacture, or introduction of a non-hazardous tool or other non-hazardous contraband (Tool not likely to be used in an escape or escape attempt, or to serve as a weapon capable of doing serious bodily harm to others, or not hazardous to institutional security or personal safety; Other non- hazardous contraband includes such items as food or cosmetics). Smoking where prohibited Use of the telephone for abuses other than criminal activity (e.g., conference calling, possession and/or use of another inmate's PIN number, three-way calling, providing false information for preparation of a telephone list). Interfering with a staff member in the performance of duties. (Conduct must be of the Moderate Severity nature.) This charge is to be used only when another charge of moderate severity is not applicable. Conduct which disrupts or interferes with the security or orderly running of the institution or the Bureau of Prisons. (Conduct must be of the Moderate Severity nature). This charge is to be used only when another charge of moderate severity is not applicable. LOW MODERATE CATEGORY------------------------------------------------------------------------ Possession of property belonging B.1 Disallow ordinarily to another person up to 12.5% (1-7 days) Possessing unauthorized amount of of good conduct time otherwise authorized clothing credit available for Malingering, feigning illness year (to be used only (Not to be used) where inmate found to Using abusive or obscene language have committed a second Tattooing or self-mutilation violation of the same (Not to be used) prohibited act within 6 Conduct with a visitor in months); Disallow violation of Bureau regulations ordinarily up to 25% (1 (Restriction, or loss for a 14 days) of good specific period of time, of conduct time credit these privileges may often be an available for year (to appropriate sanction G) be used only where Conducting a business inmate found to have Unauthorized physical contact committed a third (e.g., kissing, embracing) violation of the same Unauthorized use of mail prohibited act within 6 (Restriction, or loss for a months) (a good conduct specific period of time, of time sanction may not these privileges may often be an be suspended). appropriate sanction G) (May be E. Make monetary categorized and charged in terms restitution. of greater severity, according F. Withhold statutory to the nature of the good time. unauthorized use; e.g., the mail G. Loss of privileges: is used for planning, commissary, movies, facilitating, committing an recreation, etc. armed assault on the H. Change housing institution's secure perimeter, (quarters). would be charged as a Code 101 I. Remove from program Assault) and/or group activity. Use of the telephone for abuses J. Loss of job. other than criminal activity K. Impound inmate's (e.g., exceeding the 15-minute personal property. time limit for telephone calls; L. Confiscate using the telephone in an contraband. unauthorized area; placing of an M. Restrict to quarters. unauthorized individual on the N. Extra duty. telephone list) O. Reprimand. Interfering with a staff member P. Warning. in the performance of duties. (Conduct must be of the Low Moderate Severity nature.) This charge is to be used only when another charge of low moderate severity is not applicable Conduct which disrupts or interferes with the security or orderly running of the institution or the Bureau of Prisons (Conduct must be of the Low Moderate Severity nature.) This charge is to be used only when another charge of low moderate severity is not applicable------------------------------------------------------------------------ Note: Aiding another person to commit any of these offenses, attempting to commit any of these offenses, and making plans to commit any of these offenses, in all categories of severity, shall be considered the same as a commission of the offense itself.
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Table 4—Sanctions
1. Sanctions of the Discipline Hearing Officer: (upon finding the inmate committed the prohibited act)
(a) Recommend parole date rescission or retardation. The DHO may make recommendations to the U.S. Parole Commission for retardation or rescission of parole grants. This may require holding fact-finding hearings upon request of or for the use of the Commission.
(b) Forfeit earned statutory good time, non-vested good conduct time, and/or terminate or disallow extra good time. The statutory good time available for forfeiture is limited to an amount computed by multiplying the number of months served at the time of the offense for which forfeiture action is taken, by the applicable monthly rate specified in 18 U.S.C. 4161 (less any previous forfeiture or withholding outstanding). The amount of good conduct time (GCT) available for forfeiture is limited to the total number of days in the “non-vested” status at the time of the misconduct (less any previous forfeiture). A forfeiture of good conduct time sanction may not be suspended. Disallowance of extra good time is limited to the extra good time for the calendar month in which the violation occurs. It may not be withheld or restored. The sanction of termination or disallowance of extra good time may not be suspended. Forfeited good conduct time will not be restored. Authority to restore forfeited statutory good time is delegated to the Warden. This decision may not be delegated lower than the Associate Warden level. Limitations on this sanction and eligibility for restoration are based on the severity scale. (See table 6)
(b.1) Disallowance of good conduct time. I. An inmate sentenced under the Sentencing Reform Act provisions of the Comprehensive Crime Control Act (includes the inmate who committed his or her crime on or after November 1, 1987) may not receive statutory good time, but is eligible to receive 54 days good conduct time credit each year (18 U.S.C. 3624(b)). Once awarded, the credit is vested, and may not be disallowed. However, for crimes committed on or after September 13, 1994 and prior to April 26, 1996, credit toward an inmate's service of sentence shall not be vested unless the inmate has earned or is making satisfactory progress toward a high school diploma or an equivalent degree, or has been exempted from participation because of a learning disability. For crimes committed on or after April 26, 1996, credit toward an inmate's service of sentence shall vest on the date the inmate is released from custody. Once disallowed, the credit may not be restored, except by immediate review or appeal action as indicated below. Prior to this award being made, the credit may be disallowed for an inmate found to have committed a prohibited act. A sanction of disallowance of good conduct time may not be suspended. Only the DHO can take action to disallow good conduct time. The DHO shall consider the severity of the prohibited act and the suggested disallowance guidelines in making a determination to disallow good conduct time. A decision to go above the guideline range is warranted for a greatly aggravated offense or where there is a repetitive violation of the same prohibited act that occurs within a relatively short time frame (e.g., within 18 months for the same greatest severity prohibited act, within 12 months for the same high severity prohibited act, and within 6 months for the same moderate severity prohibited act). A decision to go below the guidelines is warranted for strong mitigating factors. Any decision outside the suggested disallowance guidelines is to be documented and justified in the DHO report.
II. VCCLEA inmates rated as violent and PLRA inmates will ordinarily be disallowed good conduct time for each prohibited act they are found to have committed at a DHO hearing, consistent with the following:
(1) Greatest category offenses: A minimum of 40 days (or, if less than 54 days are available for the prorated period, a minimum of 75% of available good conduct time) for each act committed;
(2) High category offenses: A minimum of 27 days (or, if less than 54 days are available for the prorated period, a minimum of 50% of available good conduct time) for each act committed;
(3) Moderate category offenses: A minimum of 13 days (or, if less than 54 days are available for the prorated period, a minimum of 25% of available good conduct time) for each act committed if the inmate has committed two or more moderate category offenses during the current anniversary period;
(4) Low moderate category offenses: A minimum of 6 days (or, if less than 54 days are available for the prorated period, a minimum of 12.5% of available good conduct time) for each act committed if the inmate has committed three or more low moderate category offenses during the current anniversary period.
However, the DHO may, after careful consideration of mitigating factors (seriousness of the offense, the inmate's past disciplinary record, the lack of available good conduct time, etc.) choose to impose a lesser sanction, or even disallow no GCT for moderate and low moderate prohibited acts by VCCLEA inmates rated as violent or by PLRA inmates. The DHO must thoroughly detail the rationale for choosing to disallow less than 13 days or 6 days respectively. This will be documented in Section VII of the DHO report. Disallowances of amounts greater than 13 days or 6 days respectively will occur with repetitive offenses consistent with the guidelines in this (b.1).
III. The decision of the DHO is final and is subject only to review by the Warden to ensure conformity with the provisions of the disciplinary policy and by inmate appeal through the administrative remedy program. The DHO is to ensure that the inmate is notified that any appeal of a disallowance of good conduct time must be made within the time frames established in the Bureau's rule on administrative remedy procedures.
IV. Except for VCCLEA inmates rated as violent or PLRA inmates, Sanction B.1 may be imposed on the Low Moderate category only where the inmate has committed the same low moderate prohibited act more than one time within a six-month period.
(c) Recommend disciplinary transfer. The DHO may recommend that an inmate be transferred to another institution for disciplinary reasons. Where a present or impending emergency requires immediate action, the Warden may recommend for approval of the Regional Director the transfer of an inmate prior to either a UDC or DHO hearing. Transfers for disciplinary reasons prior to a hearing before the UDC or DHO may be used only in emergency situations and only with approval of the Regional Director. When an inmate is transferred under these circumstances, the sending institution shall forward copies of incident reports and other relevant materials with completed investigation to the receiving institution's Discipline Hearing Officer. The inmate shall receive a hearing at the receiving institution as soon as practicable under the circumstances to consider the factual basis of the charge of misconduct and the reasons for the emergency transfer. All procedural requirements applicable to UDC or DHO hearings contained in this rule are appropriate, except that written statements of unavailable witnesses are liberally accepted instead of live testimony.
(d) Disciplinary segregation. The DHO may direct that an inmate be placed or retained in disciplinary segregation pursuant to guidelines contained in this rule. Consecutive disciplinary segregation sanctions can be imposed and executed for inmates charged with and found to have committed offenses that are part of different acts only. Specific limits on time in disciplinary segregation are based on the severity scale. (See table 6)
(e) Make monetary restitution. The DHO may direct that an inmate reimburse the U.S. Treasury for any damages to U.S. Government property that the individual is determined to have caused or contributed to.
(f) Withholding statutory good time. The DHO may direct that an inmate's good time be withheld. Withholding of good time should not be applied as a universal punishment to all persons in disciplinary segregation status. Withholding is limited to the total amount of good time creditable for the single month during which the violation occurs. Some offenses, such as refusal to work at an assignment, may be recurring, thereby permitting, when ordered by the DHO, consecutive withholding actions. When this is the intent, the DHO shall specify at the time of the initial DHO hearing that good time may be withheld until the inmate elects to return to work. During the running of such a withholding order, the DHO shall review the offense with the inmate on a monthly basis. For an on-going offense, staff need not prepare a new Incident Report or conduct an investigation or initial hearing (UDC). The DHO shall provide the inmate an opportunity to appear in person and to present a statement orally or in writing. The DHO shall document its action on, or by an attachment to, the initial Institution Discipline report. If further withholding is ordered, the DHO shall advise the inmate of the inmate's right to appeal through the Administrative Remedy Procedure (part 542). Only the Warden may restore withheld statutory good time. This decision may not be delegated lower than the Associate Warden level. Restoration eligibility is based on the severity scale. (See table 6)
2. Sanctions of the Discipline Hearing Officer/Unit Discipline Committee: (upon finding the inmate committed the prohibited act)
(g) Loss of privileges: The DHO or UDC may direct that an inmate forego specific privileges for a specified period of time. Ordinarily, loss of privileges is used as a sanction in response to an abuse of that privilege. However, the DHO or UDC may impose a loss of privilege sanction not directly related to the offense when there is a lack of other appropriate sanctions or when imposition of an appropriate sanction previously has been ineffective.
(h) Change housing (quarters). The DHO or UDC may direct that an inmate be removed from current housing and placed in other housing.
(i) Remove from program and/or group activity. The DHO or UDC may direct that an inmate forego participating in any program or group activity for a specified period of time.
(j) Loss of job. The DHO or UDC may direct that an inmate be removed from present job and/or be assigned to another job.
(k) Impound inmate's personal property. The DHO or UDC may direct that an inmate's personal property be stored in the institution (when relevant to offense) for a specified period of time.
(l) Confiscate contraband. The DHO or UDC may direct that any contraband in the possession of an inmate be confiscated and disposed of appropriately.
(m) Restrict quarters. The DHO or UDC may direct that an inmate be confined to quarters or in its immediate area for a specified period of time.
(n) Extra duty. The DHO or UDC may direct that an inmate perform tasks other than those performed during regularly assigned institutional job.
(o) Reprimand. The DHO or UDC may reprimand an inmate either verbally or in writing.
(p) Warning. The DHO or UDC may verbally warn an inmate regarding committing prohibited act(s)
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Table 5_Sanctions for Repetition of Prohibited Acts Within Same Category [When the Unit Discipline Committee or DHO finds that an inmate has committed a prohibited act in the Low Moderate, Moderate, or High category, and when there has been a repetition of the same offense(s) within recent months (offenses for violation of the same code), increased sanctions are authorized to be imposed by the DHO according to the following chart. (Note: An informal resolution may not be considered as a prior offense for purposes of this chart.)]---------------------------------------------------------------------------------------------------------------- Prior offense (same Category code) within time Frequency of repeated Sanction permitted period offense----------------------------------------------------------------------------------------------------------------Low moderate (400 series).......... 6 months.............. 2d offense............ Low Moderate Sanctions, plus 1. Disciplinary segregation, up to 7 days. 2. Forfeit earned SGT or non-vested GCT up to 10% or up to 15 days, whichever is less, and/or terminate or disallow extra good time (EGT) (an EGT sanction may not be suspended). 3d offense, or more... Any sanctions available in Moderate (300) and Low Moderate (400) series.Moderate (300 series).............. 12 months............. 2d offense............ Moderate Sanctions (A,C,E- N), plus. 1. Disciplinary segregation, up to 21 days. 2. Forfeit earned SGT or non-vested GCT up to 37\1/ 2\% or up to 45 days, whichever is less, and/or terminate or disallow EGT (an EGT sanction may not be suspended). 3d offense, or more... Any sanctions available in Moderate (300) and High (200) series.High (200 series).................. 18 months............. 2d offense............ High Sanctions (A,C,E-M), plus. 1. Disciplinary segregation, up to 45 days. 2. Forfeit earned SGT or non-vested GCT up to 75% or up to 90 days, whichever is less, and/or terminate or disallow EGT (an EGT sanction may not be suspended). 3d offense, or more... Any sanctions available in High (200) and Greatest (100) series.----------------------------------------------------------------------------------------------------------------
Table 6_Sanctions by Severity of Prohibited Act, With Eligibility for Restoration of Forfeited and Withheld Statutory Good Time-------------------------------------------------------------------------------------------------------------------------------------------------------- Elig. restoration Elig. restoration Severity of act Sanctions Max. amt. forf. GT Max. amt W/hd SGT forf. SGT W/hd/SGT Max. dis seg--------------------------------------------------------------------------------------------------------------------------------------------------------Greatest........................ A-F............... 100%.............. Good time 24 mos............ 18 mos............ 60 days. creditable for single.High............................ A-M............... 50% or 60 days, month during which 18 mos............ 12 mos............ 30 days. whichever is less. violation occurs. Applies to all categories..Moderate........................ A-N............... 25% or 30 days, 12 mos............ 6 mos............. 15 days. whichever is less.Low Moderate.................... E-P............... N/A............... N/A (1st offense). 3 mos............. N/A (1st offense). 6 mos. (2nd or 3rd 7 days (2nd offense in same offense). category within six months). 15 days (3rd offense).--------------------------------------------------------------------------------------------------------------------------------------------------------Note: (1) In table 6 headings, ``GT'' represents both good conduct and statutory good time and ``SGT'' represents statutory good time. Forfeited good conduct time is not eligible for restoration. Restoration of statutory good time will be approved at the time of initial eligibility only when the inmate has shown a period of time with improved good behavior. When the Warden or his delegated representative denies restoration of forfeited or withheld statutory good time, the unit team shall notify the inmate of the reasons for denial. The unit team shall establish a new eligibility date, not to exceed six months from the date of denial.(2) An inmate with an approaching parole effective date, or an approaching mandatory release or expiration date who has forfeited good time may be placed in a Community Treatment Center only if that inmate is otherwise eligible under Bureau policy, and if there exists a legitimate documented need for such placement. The length of stay at the Community Treatment Center is to be held to the time necessary to establish residence and employment.
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[53 FR 197, Jan, 5, 1988, as amended at 53 FR 40686, Oct. 17, 1988; 54 FR 38987, Sept. 22, 1989; 54 FR 39095, Sept. 22, 1989; 58 FR 39095, July 21, 1993; 62 FR 50788, Sept. 26, 1997; 65 FR 59726, Oct. 6, 2000; 67 FR 77428, Dec. 18, 2002]
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