Discipline - Prisoner Discipline

Disciplinary sanctions may be imposed against prisoners for rule violations in accordance with due process requirements and as outlined in PD 03.03.105 "Prisoner Discipline." 

 

There are three different classes of misconducts:  Class I, Class II, and Class III.  Each class of misconduct has different review and hearing requirements. 

 

Class I misconducts are as follows:

 

Assault and Battery

Intentional, non-consensual touching of another person done either in anger or with the purpose of abusing or injuring another; physical resistance or physical interference with an employee.  Injury is not necessary but contact is. 

 

Assault Resulting in Serious Physical Injury

Physical attack on another person which resulted or was intended to result in serious physical injury.  Serious physical injury means any injury which would ordinarily require medical treatment.

 

Escape 

Leaving or failing to return to lawful custody without authorization; failure to remain within authorized time or location limits while on a public works crew.

 

Failure to Disperse

Failure or refusal of a prisoner to leave an area in which a disturbance is occurring when the prisoner is physically able to leave; includes obstruction of staff at the scene of the disturbance.  Disturbance is defined as a fight between prisoners, subduing or taking into custody of a prisoner or prisoners by staff, destruction of property, or any similar action or occurrence.

 

Felony

Any act that would be a felony under state law is also a Class I misconduct violation.  Reference shall be made to the specific statutory citation in all cases where this charge is alleged.

 

Fighting

Physical confrontation between two or more persons, including a swing and miss, done in anger or with intent to injure.

 

Homicide

Causing the death of another person by any means.

 

Incite to Riot or Strike; Rioting or Striking

Advocating or instigating actions which are intended to seriously endanger the physical safety of the facility, persons, or property or to disrupt the operation of the facility by group cessation of normal activity; participation in such action; joining others in unauthorized work stoppage.

 

Possession of Dangerous Contraband

Unauthorized possession of an explosive, acid, caustic, toxin, material for incendiary device; escape material; detailed road map for any area within the State of Michigan, adjacent state or Ontario, Canada; bodily fluid stored in a container within a cell or room; tattoo device; cell phone or other electronic communication device or accessory; a critical or dangerous tool or other item needing to be strictly controlled as specifically identified in the attachments to PD 04.04.120 "Tool Control", including failure to return any item covered by the definition which is signed out for a work or school assignment or any other purpose.  (Note:  This definition includes matches.) 

 

Possession of Weapon

Unauthorized possession of any item designed or intended to be used to cause or threaten physical injury to another person; unauthorized possession of piece, strip, or chunk of any hard material which could be used as a weapon or in the creation of a weapon.

 

Sexual Assault

Non-consensual sexual acts, meaning sexual penetration of, or sexual contact with, another person without that person's consent or with a person who is unable to consent or refuse; abusive sexual contact, meaning physical contact with another person for sexual purposes without that person's consent or with a person who is unable to consent or refuse.

 

Sexual Misconduct

Consensual touching of the sexual or other parts of the body of another person for the purpose of gratifying the sexual desire of either party, except that an embrace of a visitor at the beginning and end of a visit, or holding hands with a visitor during a visit is not sexual misconduct; intentional exposure of the sexual organs to another person in a location or manner where such exposure has no legitimate purpose; imitating the appearance of the opposite sex; words or actions of a sexual nature directed at another person in order to harass or degrade that person.

 

Smuggling

Bringing or attempting to bring any unauthorized item into or out of a correctional facility or a specialized area or unit within a facility such as segregation.

 

Substance Abuse

Possession, use, selling, or providing to others, or being under the influence of, any intoxicant, inhalant, controlled substance (as defined by Michigan statutes), alcoholic beverages, marijuana or any other substance which is used to cause a condition of intoxication, euphoria, excitement, exhilaration, stupefaction, or dulling of the senses or nervous system; unauthorized possession or use of prescribed or restricted medication; possession of narcotics paraphernalia; failure or refusal to voluntarily submit to substance abuse testing which is requested by the Department for the purpose of determining the presence in the prisoner of any substance included in this charge; possession of a tobacco product.

 

Threatening Behavior

Words, actions, or other behavior which expresses an intent to injure or physically abuse another person. Such misconduct includes attempted assault and battery.

 

Class II misconducts are as follows:

 

Bribery of an Employee

Offering to give or withhold anything to persuade an employee to neglect duties or perform favors.

 

Creating a Disturbance

Actions or words of a prisoner which result in disruption or disturbance among others but which does not endanger persons or property.

 

Destruction or Misuse of Property

Any destruction, removal, alteration, tampering, or other unauthorized use of property; unauthorized possession of a component part of an item.

 

 

Disobeying a Direct Order (DDO)

Refusal or failure to follow a valid and reasonable order of an employee.

 

Gambling; Possession of Gambling Paraphernalia

Playing games or making bets for money or anything of value; possession of gambling equipment, or other materials commonly associated with and intended for wagering.

 

Insolence

Words, actions, or other behavior which is intended to harass, degrade, or cause alarm in an employee.

 

Interference with the Administration of Rules

Acts intending to impede, disrupt, or mislead the disciplinary process for staff or prisoners, including failure to comply with a loss of privileges sanction imposed by a hearing officer.

 

Out of Place

Being within the lawful boundaries of confinement and not attempting to escape, but in a location without the proper authorization to be there; absent from where one is required to be; being outside assigned housing unit without prisoner identification card; being absent from required location during count.

 

Possession of Forged Documents; Forgery

Knowingly possessing a falsified or altered document; altering or falsifying a document with the intent to deceive or defraud; unauthorized possession or use of the identification card, prisoner store card, pass, or detail of another prisoner.

 

Possession of Money

Possession of money or money from unauthorized sources.  Money is defined as cash, negotiable instrument, credit card, or blank check.

 

Possession of Stolen Property; Theft

Possession of property which the prisoner knows, or should have known, has been stolen; any unauthorized taking of property which belongs to another.

 

Unauthorized Occupation of Cell or Room

Being in another prisoner or prisoners' cell or room, or clearly defined living area, without specific authorization from staff; being present in any cell, room, or other walled area with another prisoner or prisoners or a member or members of the public without staff authorization.

 

Class III misconducts are as follows:

 

Abuse of Privileges

Intentional violation of any Department or institution regulation dealing with prisoner privileges unless it is specified elsewhere as a Class I or II misconduct. 

 

Contraband

Possession or use of non-dangerous property which a prisoner has no authorization to have, but there is no suspicion of theft or fraud.

 

Excessive Noise

Creation of sound, whether by use of human voice, a radio, TV, or any other means, at a level which could disturb others.

 

Health, Safety, or Fire Hazard

Creating a health, safety, or fire hazard by act or omission.

 

Horseplay

Any physical contact, or attempted physical contact, between two or more persons done in a prankish or playful manner without anger or intent to injure or intimidate.

 

Lying to an Employee

Knowingly providing false information to an employee.

 

Temporary Out of Place/Bounds

In own housing unit during the day; out of place for a brief time or adjacent to where supposed to be.

 

Unauthorized Communications

Any contact, by letter or gesture or verbally, with an unauthorized person or in an unauthorized manner.

 

Violation of Posted Rules

Violation of rules of housing units, dining room, work, or school assignment which is not covered elsewhere.