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Offender Rulebook, MO DOC, 2006

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OFFENDER
RULEBOOK

MISSOURI DEPARTMENT
OF CORRECTIONS

MISSOURI
DEPARTMENT OF CORRECTIONS

Larry Crawford, Department Director
MISSION STATEMENT

-h e mission of the Missouri Department of
:.or~c:·: ll o ns with victims, communities, the state
::.::K beat governments is to improve public
safety through secure confinement and effective
community interventions. Through our cooperative
efforts to provide effective correctional services
we hold offenders accountable for their behavio;
.:md prepare them to be productive citizens.

David Rost, Department Deputy Director
Terry W. Moore, Director
Division of Adult Institutions
Randee M. Kaiser, Director
Division of Offender Rehabilitative Services
Vicki C. Myers, Director
Division of Human Services
Dana D. Thompson, Chairman
Board of Probation & Parole

Conduct rules are essential to ensure safety
and security for everyone within the correctional
institution. The conduct rules and disciplinary
process are designed to clearly identify prohibited
conduct and to promote responsible behavior.
The department is committed to fair and impartial
enforcement of the conduct rules. It is our
expectation that each person will comply fully
with the divisional and institutional rules and treat
others with respect and civility. This will help to
make your stay with the department as troublefree as possible.
This rulebook is intended to assist you during
the time you are assigned to an institution in
the Division of Adult Institutions or Division of
Offender Rehabilitative Services. It contains a list
of prohibited acts; provides a brief description of
the disciplinary process; and outlines disciplinary
actions which may be taken. This rulebook
also contains sections of the Missouri Revised
Statutes pertinent to incarcerated offenders.
We urge you to utilize this period of
incarceration to make and demonstrate
improvements in your life. Your compliance with
conduct rules and active involvement in work,
education and other rehabilitative programs

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available at the institution will help to make your
period of incarceration productive and prepare
you to successfully reenter and live in a free
society.

INTRODUCTION
The contents of this rulebook are very
important to you. If you have any questions or
problems understanding anything in this book, be
sure to ask a member of your unit staff for help.
In the event that any of the conduct rules or
sanctions are revised, revisions will be posted in
areas accessible to you and in the offender library.
Revisions to the rules and sanctions will not
necessarily result in a new rulebook being issued.
You are encouraged to visit the institution library
and review policies and procedures which have
been developed to assist both staff and offenders
in the everyday operation of the institution.
The information in this rulebook has been
taken from IS 19-1 Offender Discipline, IS 19-1.1
Conduct Rules & Sanctions, IS 19-1.2 Conduct
Violation Reporting, IS 19-1.3 Disciplinary
Hearings - Minor and IS 19-1.4 Disciplinary
Hearings - Major.
DEFINITIONS
The following definitions are used with the
offender conduct rules or sanctions. You should

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make sure you understand these definitions.

least one acting in furtherance of that behavior.

ACCESSORY:
A person who provides
assistance to someone engaging in prohibited
behavior.

DEADLY
WEAPON;
DANGEROUS
INSTRUMENT/DEVICE/SUBSTANCE:
Any
item or substance which, under the circumstances
used, attempted or threatened to be used, or
capable of being used, may cause death or
serious physical injury.

ACCUMULATION:
Six minor conduct
violations occurring within a six-month period
for 1-1 through 1-4 for offenders who are C-4 or
lower. Twelve minor conduct violations occurring
within a twelve-month period for 1-1 through 1-4
offenders who are C-5.
*NOTE:
Once an offender accumulates
violations increasing the I-score, the offender
should be reclassified indicating the revised !score and another review period begins whereby
the offender may accumulate again if the
appropriate number of minor conduct violations
are received.

CONSPIRE: To agree with one or more other
persons to engage in a prohibited behavior, with at

INFORMAL SANCTIONS: Sanctions which
are verbal or written that may be used as outlined
for informal resolution of minor rule violations.
1. These sanctions may be used for up to
16 hours maximum, with the exception
of property impoundment, which can
only be used for the duration of the
employee's shift.
2. If the rule violation is a major violation,
is serious in nature, threatens the
safety and security of the institution, is
for sexual misconduct, or involves the
destruction of state or offender property
the employee should immediately fill out
a Conduct Violation Report and not use
an informal sanction.
3. Informal sanctions are as follows:

4

5

ATTEMPT: To engage in an act which is a
step in a course of action leading to a prohibited
behavior.

a.
b.
c.
d.
e.

warning/reprimand,
activity restriction,
living area restriction,
extra duty, and
property impoundment.

MAJOR CONDUCT VIOLATION: Any of
the first 9 conduct violation rules listed (1-9.4) as
stated in IS 19-1.1 Conduct Rules and Sanctions;
or any conduct violation which could be considered
serious due to the circumstances surrounding the
violation.
MINOR CONDUCT VIOLATION: The 10
through 41.9 conduct violation rules as stated in
IS19-1.1 Conduct Rules and Sanctions; unless it is
determined to be serious due to the circumstances
surrounding the violation.

SEXUAL ACTIVITY:
Any sexual act;
intentional touching, whether done by a foreign
object or by physical human contact of a sexual
part of another or of self, regardless of whether
such touching is consensual, kissing, or fondling;
or physical or verbal conduct of a sexual nature.
SEXUAL PARTS: Genitalia, anus, groin,
breast, inner thigh or buttocks.
SUSPENDED SANCTION: A sanction that
is not imposed for a specific period of time unless
another violation occurs during the time indicated.
If no other violation occurs during the suspension
time, the sanction will not be imposed. The
maximum time of a suspended sanction will be
90 days.
CONDUCT VIOLATIONS

POSSESSION: An offender is considered
to be in possession of an item if it is in her/his
physical possession, or if it is in an area that she/
he occupies or to which she/he is assigned, such
as a living space, bed or locker.
SANCTION: A penalty which may be imposed
for misconduct.

6

Offenders are not allowed to engage in the
following listed behaviors. Any offender found
to have engaged in any of these may be issued
a conduct violation with appropriate sanctions
imposed.
The following is a list of conduct rules. The

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first nine are considered major conduct rules.
RULES OF CONDUCT
1. MURDER/
MANSLAUGHTER:
1.1 Causing the death of
another person.
2. ASSAULT:
2.1 Causing serious physical
injury to another either with or
without a weapon, or through
the use of any substance,
instrument or device which can
cause physical injury.

LEVEL

1

1

1
4. ESCAPE:
4.1 Perimeter Escape - leaving
the security perimeter or
grounds of a correctional center
or treatment center without
authorization.

2.2 Causing a person to come
into contact with or throwing/
projecting feces or body fluids,
i.e., urine, blood, saliva, etc.

1

2.3 Subjecting an employee to
physical contact by kissing or
touching the sexual parts.

1

8

3. DANGEROUS
CONTRABAND:
3.1 Making, transferring or
having possession of a firearm,
knife, razor blade, bludgeon
or other weapon, instrument,
material or substance which
is readily capable of causing
or inducing fear of death or
physical injury.

1

4.2 Leaves an institutional
work release assignment.

1

4.3 Flees supervision while
being transported under escort
on outcount.

1

9

4.4 Otherwise flees from direct
supervision.

1

4.5 Wearing or making a
disguise.

1

4.6 Possessing instruments of
escape, such as handcuff keys,
lock pick, hacksaw blades,
rope or any other instrument of
escape.

1

4.7 Possessing maps, plans
or making plots concerning
escape by written or verbal
communication.

1

4.8 Possessing any employee
uniform, nonoffender employee
clothing or nonoffender
identification card.

1

5. HOSTAGE/RESTRAINT:
5.1 Detaining, holding or taking
a person against her/his will.
10

6. RIOT:
6.1 Three or more offenders
participating in violent behavior
that interferes with normal
operations of the facility and
creates a danger of damaging
property or injuring persons.
6.2 Inciting a riot by
encouraging offenders to
engage in a violation of rule
6.1, or once a riot begins,
assuming a position of
command or instruction in
furtherance of the riot.
7. FORCIBLE SEXUAL
MISCONDUCT:
7 .1 Using force, coercion or
threats of force to obtain the
compliance of another in any
type of sexual activity.

1

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1

1

8. ARSON:
8.1 Knowingly or negligently
starting a fire or causing an
explosion.
9. ORGANIZED
DISOBEDIENCE:
9.1 Three or more offenders
gathering in a nonviolent
manner who refuse to obey
orders.

1

1

9.2 Three or more offenders
gathering in a nonviolent
manner to discuss or petition
the disobedience of rules or
laws.

1

9.3 Inciting organized
disobedience by encouraging
offenders to assemble and
refuse to disperse or to engage
in other acts of organized
disobedience.

1

12

9.4 Three or more offenders
participating in acts of
organized disobedience
such as refusal to work,
hunger strikes or nonviolent
demonstrations.
10. MINOR ASSAULT:
10.1 Causing, or intending to
cause, non-serious physical
injury by striking another.

1

2

10.2 Using a non-dangerous
object/substance; or by any
other physically aggressive act.

2

10.3 Subjecting an employee
to any physical contact without
her/his consent.

2

11. POSSESSION/USE OF AN
INTOXICATING SUBSTANCE:
11.1 Possessing a controlled
substance not prescribed, or in
an amount not authorized, by
medical employee.

2

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11 .2 Being involved in any way
with an agreement, scheme or
plan to introduce a controlled
substance or intoxicant into a
department facility.

2

11.3 Possessing or making
intoxicants, including alcohol.

2

11.4 Possessing drug
paraphernalia. (Any item
utilized to ingest or consume
controlled or intoxicating
substances i.e.; pipes, roach
clips, syringes, etc.)

2

11.5 Being found by
observation or test to be under
the influence of any controlled
or intoxicating substance
not officially prescribed or
authorized.

2

11.6 Refusing to submit to any
alcohol test or drug test.
14

11 .7 Refusing to submit a urine
sample. (Failure to submit the
required amount of acceptable
urine specimen in the required
time period is considered to be
a refusal to submit.)

2

11.8 Submitting an adulterated
or diluted urine sample.

2

11.9 Possessing recipes or
formulas for manufacturing
a controlled or intoxicating
substance.

3

12. THREATS:

2

12.1 Taking action (either
verbally, physically or in writing)
which harms or creates the
belief of harm to another
person or her/his property..

2

12.2 Threatening a victim or
victim's family with physical
harm.

2

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12.3 Threatening or harassing
a victim or victim's family.

2

15. SEXUAL MISCONDUCT:
15.1 Engaging with another in
any type of sexual activity.

2

13. POSSESSION OF MONEY/
LEGAL TENDER:
13.1 Possessing money or
legal tender of any type without
authorization.
14. FALSE IDENTIFICATION:
14.1 Making, wearing or having
possession of unauthorized
clothing or items which would
lead others to believe she/he is
someone else.

2

2

15.3 Inappropriately exposing
one's sexual parts to others.

2

2

16. TATTOOING/BODY

14.2 Making/having possession
of any item to replace her/him
in her/his absence.

2

14.3 Having possession of
false or unauthorized offender
identification.

2

16

15.2 Engaging in the self
touching of one's sexual parts
in view of others.

ALTERING:
16.1 Altering the appearance
of one's body by applying
permanent designs on the skin,
body piercing or branding.

16.2 Possessing or using any
instrument for the purpose of
making a tattoo, body piercing
or brand.

17

2

2

17. SELF-HARM:
17 .1 Inflicting physical harm or
bodily injury to oneself.

2

18. INTERFERING WITH A
COUNT:
18.1 Failing to abide by
institutional count procedures.

2

18.3 Distracting the employee
in any manner while making a
count.

2

18

2

19.3 Destroying any potential
evidence by ingesting it,
flushing it down a toilet or
otherwise disposing of it.

2

19.4 Engaging in conduct
that interferes with normal
operations.

2

19.5 Making a loud noise that is
likely to annoy or alarm another
person .

2

19.6 Being involved in writing,
circulating or signing a petition
that promotes the disobedience
of rules or laws.

3

2

18.2 Disrupting any count by
being absent from the assigned
area or being out of the
designated position.

19. CREATING A
DISTURBANCE:
19.1 Any action on the part
of one or more offenders that
threatens the custody, control
or security of the institution.

19.2 Taking any evasive action
including, but not limited to,
running from or hiding from a
staff member for the purpose
of avoiding observation or
apprehension.

2

19

20. DISOBEYING AN ORDER:
20.1 Failing to comply with
a written or verbal order or
instruction of any employee.
20.2 Failing to cooperate
in any official departmental
investigation. (This rule does
not apply when an offender
refuses to self-incriminate.)
21. INSULTING BEHAVIOR:
21.1 Subjecting another
person to abusive or obscene
language or gestures.
22. THEFT:
22. 1 Taking, obtaining,
withholding or being in
possession of the property of
another without the owner's
consent.

20

23. GIVING FALSE
2

INFORMATION:
23.1 Making false written or
oral statements to an employee
or official.

2

2
24. CONTRABAND:
24.1 Making, transferring
or having possession of
any unauthorized article or
substance.

2

2

24.2 Possessing any noncontrolled prescribed
medication in an unauthorized
manner

2

2

24.3 Possessing unauthorized
amounts of over-the-counter
medication.

2

24.4 Transferring any property
between offenders.

2

21

24.5 Altering any item in an
unauthorized manner.

2

24.6 Possessing unauthorized
amounts of property.

3

24.7 Possessing nuisance
contraband, including but not
limited to: sugar packets, empty
containers that were previously
purchased from canteen with
products inside, etc.

3

25. FIGHTING:
25. 1 Engaging in a physical
struggle with one or more
offenders.

27. FRAUD:
27.1 Obtaining anything of
value through deception, false
pretense or trickery.

2

27.2 Creating a document
or official record in order to
deceive or mislead.

2

27.3 Altering, destroying,
concealing or removing a
document or official record
to impair its authenticity or
availability.

2

2

28. GAMBLING:
28.1 Engaging in, or
organizing, a gambling activity.

2

28.2 Possessing gambling
paraphernalia; i.e., betting
slips, tally sheets, parlay
tickets, etc.

2

26. TAMPERING WITH LOCKING
OR SAFETY DEVICES:
26. 1 Damaging, tampering
with or altering any institutional
lock, safety device or security
equipment.

22

2

23

29. BRIBERY:
29.1 Giving, loaning or
agreeing to give any person
any benefit or anything
of value in return for a
favorable decision, opinion,
recommendation or action.
30. OUT OF BOUNDS:
30.1 Being in any unauthorized
area.

2

2

30.3 Not being in the area
where assigned or directed.

2

24

2

32.2 Failing to bathe or shower
regularly.

2

32.3 Failure to keep living area
clean and sanitary.

2

32.4 Committing acts which
create a hazard to hygienic
conditions.

2

2

30.2 Being in any area where
not assigned.

31. DESTROYING PROPERTY:
31.1 Damaging, defacing,
altering or losing any item of
state property or personal
property owned by another.

32. SANITARY VIOLATION:
32.1 Defecating or urinating in
other than provided facilitief

33. SAFETY VIOLATION:
33.1 Committing an act that is
potentially hazardous to the
health of any person within the
facility.

2

2
33.2 Failing to follow any safety
rule or instruction.

25

3

34. UNAUTHORIZED
ORGANIZATIONS:
34.1 Encouraging, organizing
or participating in any
unauthorized organization.

36.2 Intentionally failing to
successfully complete a
mandatory program.
2

37. UNAUTHORIZED

35. MALINGERING:
35.1 Deliberately inducing or
exaggerating actual physical
or mental incapacities in order
to gain special attention or
services or to avoid required
activities.
35.2 Pretending to be
physically or mentally
incapacitated in order to gain
special attention or services or
to avoid required activities.

2

2

RELATIONSHIPS:
37.1 Having unnecessary
personal interaction with an
employee, an employee's
immediate family or employee's
significant other.

2

38. ABUSE OF TELEPHONE,

3

MAIL, FINANCE:
38.1 Using the telephone or
mail system for harassment
purposes.

2

38.2 Causing funds to be
deposited into another
offender's account.

2

38.3 Using another offender's
personal identification number
(PIN).

2

36. PROGRAM FAILURE:
36.1 Being absent from a
mandatory program without
authorization.

2

27
26

38.4 Using the telephone in
an unauthorized manner (i.e.,
participating in three-party
calls for any purpose to violate
institutional rules.)

3

38.5. Using the mail system in
an unauthorized manner (i.e.,
mailing a letter within a letter,
entering financial agreements
or contracts or using an invalid
return address and/or false
name.)

3

39. ABUSE OF JUDICIAL
PROCEEDINGS:
An offender found by the
court to have done one of the
following while in the custody of
the department.
39.1 Filed a false, frivolous or
malicious action or claim with
the court.

28

39.2 Brought an action of claim
with the court solely or primarily
for delay or harassment.

M

39.3 Unreasonably expanded
or delayed a judicial
proceeding.

M

39.4 Testified falsely or
otherwise submitted false
evidence or information to the
court.

M

39.5 Attempted to create
or obtain a false affidavit,
testimony or evidence.

M

39.6 Abused the discovery
process in any judicial action or
proceeding.

M

M

M

29

40. STATE, FEDERAL,
MUNICIPAL OR COURT
LAW OR ORDINANCE:.
40.1 Failing to abide by
any state or federal law or
municipal or county ordinance.
41. PROCEDURES AND RULES:
41.1 Failing to abide by any
published and/or posted
rule, policy or procedure of
the department, division or
institution.

2

2

41.2 Using any equipment,
machinery or electronic
device, including computers,
without authorization, or in an
unauthorized manner.

2

41.3 Contaminating or altering
food or drink belonging to the
state or another person.

2

41.4 Using tobacco products in
an unauthorized area.

3

30

41.5 Failing to abide by visiting
rules.

2

41.6 Playing a television,
radio, tape player or CD player
without headphones.

3

41. 7 Engaging in rowdy
behavior; horseplay.

3

41.8 Demonstrating, practicing
or using martial arts; boxing
(except for use of a punching
bag); wrestling; or engaging
in other forms of physical
encounter or military-style drill
not authorized by the facility.

3

41.9 Failing to follow sign-in/
sign-out procedures.

3

DISPOSITION OF CONDUCT VIOLATIONS

Disciplinary Hearing Officers and Adjustment
Boards have the basic authority for the
administration of offender discipline and may
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recommend disciplinary sanctions or referral for
classification/administrative actions as outlined
below. In the event these sanctions/actions are
revised, they will be posted in areas accessible
to you and will be available in IS 19-1.1 Conduct
Rules & Sanctions in the library.

DEFINITION OF DISCIPLINARY SANCTIONS,
CLASSIFICATION ACTIONS, MANDATORY
DISCIPLINARY SANCTIONS
AND ADMINISTRATIVE ACTIONS

handled as follows:
a. The offender should be placed
in Temporary Administrative
Segregation Confinement
(TASC) for 24 hours between
each sanction of up to 10
calendar days of disciplinary
segregation.
b.

After a disciplinary segregation
sanction of 11-20 consecutive
calendar days, with no
break, 3 days Temporary
Administrative Segregation
Confinement {TASC)
should be given before
additional sanctions of
disciplinary segregation are
imposed.

c.

After disciplinary segregation
sanction of 21-30 consecutive
calendar days, with no
break, 5 days Temporary
Administrative Segregation
Confinement {TASC) should

DISCIPLINARY SANCTIONS
D-1

DISCIPLINARY SEGREGATION
ASSIGNMENTS: Placement in a
segregation cell.
.
Level 1 Violations - Maximum 30 days
Level 2 Violations - Maximum 20 days
Level 3 Violations - Maximum 10 days

Multiple
sanctions
of
disciplinary
segregation may be served concurrently.
Multiple consecutive assignments will be
32

33

1

be given before additional
sanctions of disciplinary
segregation are imposed.

D-2

D-3

Multiple consecutive assignments will be
handled as follows:

VISITING RESTRICTIONS: Placement
on noncontact visiting status.
Level 1 Violations - Maximum Time of
1 year
Level 2 Violations - Maximum Time of 6
months
Level 3 Violations - N/A
LIVING AREA RESTRICTION: The
offender is confined to her/his room, cell
or living area except for meals, contact
with chaplain/designee, law library,
canteen for hygiene and legal items,
required activities, restroom and visits.
Visits will be non-contact and two hours in
duration.
Level 1 Violations - N/A
Level 2 Violations - Maximum Time of
30 days
Level 3 Violations - Maximum Time of
10 days

34

D-4

a.

The offenders should be
released from living area
restriction status for 24 hours
between each sanction of up to
10 calendar days of living area
restriction.

b.

After a living area restriction
of 11-30 consecutive calendar
days, with no break, the
offender must be released from
living area restriction status
for 5 calendar days before
additional sanctions of living
area restriction are imposed .

ACTIVITY RESTRICTION: Loss of
telephone privileges (except attorney
phone calls upon request of the attorney),
library (excluding law library); special
activities and recreation privileges.
Level 1 Violations - N/A

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Level 2 Violations - Maximum of 30
days
Level 3 Violations - Maximum of 10
days
D-5

CONFISCATION: The permanent loss of
unauthorized property, including funds or
other assets.
Level 1 Violations - Applicable
Level 2 Violations - Applicable
Level 3 Violations - Applicable

D-6

PROPERTYIMPOUNDMEN~ The
loss of use of authorized property for a
specified period of time.
Level 1 Violations - N/A
Level 2 Violations - Maximum of 60
days
Level 3 Violations - Maximum of 30
days

D-7

PROGRAMMATIC SANCTIONS: A
disciplinary action taken within an
authorized program in accordance with
procedures for that program.
Level 1 Violations - N/A
36

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J

Level 2 Violations - Applicable
Level 3 Violations - Applicable
D-8

PROGRAM ATTENDANCE/
COMPLETION REQUIREMENT:
Mandatory attendance and successful
completion of any program relating to the
offender's behavioral needs.
Level 1 Violations - Applicable
Level 2 Violations - Applicable
Level 3 Violations - Applicable

D-9

PAY FOR DAMAGES: The offender will
pay the cost of repair or replacement,
or a reasonable portion of the total
as determined by the superintendenU
designee for lost, damaged or destroyed
state property.
Level 1 Violations - Applicable
Level 2 Violations - Applicable
Level 3 Violations - Applicable

'

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~

D-10 EXTRA DUTY: Work assignments under
the supervision of an employee in addition
to regular duties.
Level 1 Violations - N/A
37

I

C-2

Request for Transfer/Reevaluation of
Reclassification Analysis:
Request for reassignment to a more
appropriate facility and/or an upgrade of
custody level based upon behavior.

C-3

Removal from, or restriction from
consideration for, work assignments,
extended limits of confinement, work
release, etc.: May occur with Level 1 or
Level 2 violations or with accumulation of
violations.

The following Classification and/or Administrative
Actions may be imposed for Conduct Violations.

C-4

Refer to program review committee.

CLASSIFICATION ACTIONS

C-5

Refer for a possible termination from
a Mandatory Treatment Reintegration/
Confinement Program: Removal from a
court or parole board ordered or statutorily
required treatment program for refusal
to participate, inadequate participation
or disruptive behavior. May occur with
a Level 1 or Level 2 violation or with
accumulation of violations.

Level 2 Violations - Maximum of 16
hours
Level 3 Violations - Maximum of 16
hours

D-11 WARNING/REPRIMAND: A statement
to the offender to cease an unauthorized
course of action.
Level 1 Violations - N/A
Level 2 Violations - N/A
Level 3 Violations - Applicable

C-1

Refer to the Administrative Segregation
Committee: Make a request for the
committee to review for assignment
to the administrative segregation unit
for the security and good order of the
institution.May occur with Level 1 or
Level 2 violations or with accumulation of
violations.

38

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''

39

Mandatory education program will not be
affected.

MANDATORY DISCIPLINARY SANCTIONS
M-1

Abuse of Judicial Proceedings
Sanctions: Limited only to conduct
rule 39. The following options will be
imposed for this conduct violation. For
each instance the court finds such an
abuse, either option 1 or option 2 will be
imposed.
1. Option 1: If the court order is issued
prior to the offender's first parole
consideration hearing date, the parole
consideration hearing date will be
delayed 60 days; or
2.

Option 2: If the court order is issued
after the first parole consideration
hearing date, the superintendent/
designee will advise the offender
finance officer to determine the
amount equal to 50% of the offender's
average daily balance of the 12

40

..

months preceding the date of the
conduct violation, using all days the
offender's account had a positive
balance; however, in no instance shall
the balance of an offender's account
be reduced to an amount less than
ten dollars. The amount due may
be deducted from any compensation
payable or later paid to the offender,
or from any other property belonging
to the offender in the custody and
control of the department.

3. Option 3: In addition to the sanction
imposed in option 2 if the offender's
account balance is below ten dollars,
staff may also issue a sanction for one
of the following:
a.

Non-contact visiting for 90 days;
or

b.

Activity restriction for 30 days.

41

ADMINISTRATIVE ACTIONS

A-1

Recommendation for Time Extension:
Old Criminal Code.

A-2

Referral for Conditional Release
Extension: Request to extend the
conditional release date.

A-3

Referral for Time Credit Loss: Request
to remove time credit consideration.

A-4

Referral to Treatment: Referral to any
department approved program.
May occur with Level 1 or Level 2
violations.

A-5

Request for Prosecution: Request to
prosecuting attorney for prosecution in a
court of law.
May occur with Level 1 or Level 2
violations or any violation of a law.

42

RANGE OF DISCIPLINARY SANCTIONS
AND CLASSIFICATION/ADMINISTRATIVE
ACTIONS
The following is a list of all conduct rules
foll?wed by the disciplinary sanctions which may
be imposed for violation of the rule. Classification
and Administrative Actions will also be issued
in accordance with the level of the conduct
rule violation or accumulation of . violations.
Superintendents may go outside of the listed
range with justification. Refer to the Definitions
of Sanctions and Classification/Administrative
Actions.
RANGE OF DISCIPLINARY SANCTIONS
Conduct Violations

Sanctions

1. MURDER/
MANSLAUGHTER
1.1
D-1, 2, 5, 8, 9
2. ASSAULT
2.1, 2.2, 2.3
D-1, 2, 5, 8, 9
3. DANGEROUS
CONTRABAND
3.1
D-1,2, 5,8, 9

43

I

4. ESCAPE
D-1 , 2, 5, 8, 9
4.1, 4.2, 4.3, 4.4,
4.5, 4.6, 4.7, 4.8
5. HOSTAGE/
RESTRAINT
5.1
D-1, 2, 5, 8, 9
6. RIOT
6.1, 6.2
D-1, 2, 5, 8, 9
7. FORCIBLE SEXUAL
MISCONDUCT
7.1
D-1,2,5,8,9
8. ARSON
8.1
D-1, 2, 5, 8, 9
9. ORGANIZED
DISOBEDIENCE
9.1, 9.2, 9.3, 9.4
D-1, 2, 5, 8, 9
10. MINOR ASSAULT
D-1,2,3,4,5,6, 7, 8,
10.1, 10.2, 10.3
9, 10
11. POSSESSION/USE OF
AN INTOXICATING
SUBSTANCE
D-1,2,5,8,9
11.1, 11.2, 11.3
D-1,2,3,4,5,6, 7,8,
11.4, 11.5, 11.6,
9, 10
11.7, 11.8
44

11 .9
12. THREATS
12.1, 12.2, 12.3

D-1, 3, 4, 5, 6, 7, 8, 9,
10, 11
D-1, 2, 3, 4, 5, 6, 7, 8,
9, 10

13. POSSESSION
OF MONEY/
LEGALTENDER
13.1
14. FALSE
IDENTIFICATION
14.1, 14.2, 14.3

D-1, 2, 3, 4, 5, 6, 7, 8,
9, 10

D-1, 2, 3, 4, 5, 6, 7, 8,
Q, 10

15. SEXUAL
MISCONDUCT
15.1, 15.2, 15.3
16. TATTOOING/
BODY ALTERING
16.1, 16.2
17. SELF-HARM
17.1

D-1, 2, 3, 4, 5, 6, 7, 8,
9, 10

D-1, 2, 3, 4, 5, 6, 7, 8,
9, 10
D-1, 2, 3, 4, 5, 6, 7, 8,
9, 10
45

I

18. INTERFERING
WITH A COUNT
18.1, 18.2, 18.3

D-1,2, 3,4, 5,6, 7,8,

9, 10
19. CREATING A
DISTURBANCE
19.1, 19.2, 19.3,
19.4, 19.5
19.6
20. DISOBEYING AN
ORDER
20.1, 20.2

D-1,2,3,4,5,6, 7,8,
9, 10
D-1, 3, 4, 5, 6, 7, 8, .9,
10, 11

D-1,2, 3,4, 5, 6, 7,8,
9, 10

21. INSULTING
BEHAVIOR
21.1

D-1,2, 3,4,5,6, 7,8,

24. CONTRABAND
24.1, 24.2, 24.3,
24.4, 24.5
24.6, 24.7

25. FIGHTING
25.1

D-1,2, 3,4, 5,6, 7,8,
9, 10

23. GIVING FALSE
INFORMATION
23.1

D-1, 2, 3, 4, 5, 6, 7, 8,
9, 10

D-1 , 2, 3, 4, 5, 6, 7, 8,
9, 10

26. TAMPERING WITH
LOCKING OR
SAFETY DEVICES
26.1
D-1, 2, 3, 4, 5, 6, 7, 8,
9, 10
27. FRAUD
27.1, 27.2, 27.3
D-1,2,3,4, 5,6, 7,8,

9, 10

9, 10

22. THEFT
22.1

D-1,2, 3,4, 5, 6, 7, 8,
9, 10
D-1, 3,4,b, 6, 7,8, 9,
10, 11

28. GAMBLING
28.1, 28.2
29. BRIBERY
29. 1

D-1 ,2, 3, 4, 5,6, 7, 8,
9, 10
D-1 , 2, 3, 4, 5, 6, 7, 8,
9, 10

30. OUT OF BOUNDS
30.1, 30.2, 30.3
D-1, 2, 3, 4, 5, 6, 7, 8,
9, 10

46
47

I

31. DESTROYING
PROPERTY
31.1
32. SANITARY
VIOLATION
32.1, 32.2, 32.3,
32.4
33. SAFETY
VIOLATION
33. 1
33.2

D-1,2,3, 4, 5,6, 7,8,
9, 10

D-1,2,3,4,5,6, 7,8,
9, 10

D-1,2,3,4,5,6, 7,8,
9, 10
D-1, 3,4,5,6, 7,8, 9,
10, 11

34. UNAUTHORIZED
ORGANIZATIONS
34.1
D-1,2,3,4,5, 6, 7, 8,
9, 10
35. MALINGERING
35.1
D-1,2, 3,4,5,6, 7,8,
9, 10
35.2
D-1,3,4, 5,6, 7,8,9,
10, 11

48

36. PROGRAM
FAILURE
36.1, 36.2
37. UNAUTHORIZED
RELATIONSHIPS
37.1
38.ABUSE OF
TELEPHONE,
MAIL, FINANCE
38.1, 38.2, 38.3
38.4, 38.5
39.ABUSE
OF JUDICIAL
PROCEEDINGS
39.1 - 39.6

D-1, 2, 3, 4 S,6, 7,8,
9, 10

D-1,2, 3,4,5,6, 7,8,
9, 10

D-1,2,3,4,5,6, 7, 8,
9, 10
D-1, 3,4, 5,6, 7, 8,9,
10, 11

MANDATORY
SANCTIONS

40. STATE, FEDERAL,
MUNICIPAL OR
COUNTY LAW
ORDINANCE
D-1 ,2,3,4, 5,6, 7, 8,
40.1
9, 10
49

I

41. PROCEDURES
AND RULES
41.1, 41.2, 41 .3,

D-1 , 2, 3,4,5, 6, 7, 8,

41.5

9, 10

41.4, 41.6, 41 .7,

D-1, 3,4, 5,6, 7,8, 9,

41.8, 41.9

10, 11

DISCIPLINE & DISCIPLINARY PROCEDURES

1. Institutional order and control will, for the
most part be regulated through a system of
positive reinforcement for positive behavior.
Disciplinary sanctions and classification/
administrative actions, however, are a
necessary factor in offender treatment and
control. Disciplinary procedures shall be
administered in accordance with the following
principles:

A. Disciplinary action shall only be taken
at such times and in such measures
and degrees as necessary to maintain
offender behavior within acceptable
limits.
B. Offender behavior shall be controlled in
an impartial and consistent manner.

50

C. Disciplinary action shall not be capricious
nor in retaliation or revenge.
D. There shall be no corporal punishment of
any kind.
E. Offender misconduct shall be reported by
staff as soon as possible after it occurs.
F. Disciplinary action shall be taken as soon
after the occurrence of misconduct as
circumstances permit.
G. All reported misconduct and disciplinary
actions shall be recorded in the offender
classification file.

2. If you

violate one of the published
departmental, divisional or institutional rules,
you can expect the following procedures:

A. The reporting staff member will submit a
written conduct violation report as soon
as possible after the incident occurs.
However, if the violation is of a minor
nature and does not threaten safety
and security of the institution, is not for
sexual misconduct, or does not involve
the destruction of state or offender
property, the staff member may propose

51

I

an informal sanction.
If you agree to
the informal sanction and carry out the
sanction, a conduct violation will not be
processed. If you do not agree to the
informal sanction, or do not carry out
the sanction, a conduct violation will be
processed.
B. You and the reporting staff member will
be jointly interviewed by another staff
member. At that time you will be advised
of the charges against you. If you are
charged with a violation of any state or
federal law, you will also be advised of
your rights.
C. During the interview, you may admit
guilt and voluntarily waive your right
to a formal hearing for minor conduct
violations only. You will sign the Conduct
Violation Report, the reporting employee
and the interviewing staff will witness.
The Conduct Violation Report will be
forwarded to the appropriate disciplinary
hearing officer for review. The Disciplinary
Hearing Officer will issue appropriate
sanction(s).
D. You will be scheduled for an appearance

52

before a disciplinary officer/ adjustment
board no sooner than 24 hours unless
you agree to waive this notification
period. The hearing will be held no
later than seven working days after the
interview, unless there are documented
extenuating circumstances.
E. You will follow your regular routine until
the hearing unless it is determined that
your behavior is a threat to yourself
or others. If so, you may be placed in
temporary administrative segregation
confinement. A form stating the reason
for the confinement will be prepared and
you will receive a copy.
F. After the hearing, the findings will be
summarized and recommendations made
and forwarded to the superintendenU
designee for final approval. You will
receive a copy of this summary report.
G. The disciplinary action will be carried
out by appropriate staff. You will receive
a copy of the final disciplinary action
report only if changes are made to the
recommendations.

53

I

3.

When charged with a conduct violation:
A. You have the right to notice of an alleged
violation at least 24 hours prior to any
disciplinary hearing on the violation.
B. You have the right to a hearing on any
alleged violation or may plead guilty
and waive your right to a hearing either
during the interview or at the scheduled
hearing for minor violations.
Formal
hearings must be held when an offender
is placed on TASC, refuses to sign or for
those violations heard by the adjustment
board.
C. You may request an offender counsel
substitute to assist you in preparing for
and presenting your case in a disciplinary
hearing. Your request must be approved
by the hearing officer/adjustment board
prior to an offender counsel substitute
being allowed to attend the disciplinary
hearing.
D. You have the right to make a statement
and present evidence on your behalf at a
hearing.
E. You may request to have witnesses at

54

the hearing. If a requested witness is
denied, the Disciplinary Hearing Officer/
Adjustment Board Chairperson will
document the denial.
F. You have the right to a written report of
the findings and recommendations and
of the final action of the superintendent/
designee, if revised.
G. You have the right to appeal any
disciplinary action through the offender
grievance procedure.
STATUTES

The following statutes from the Missouri
Revised Statutes, (Cumulative Supplement,
2005) apply specifically to prohibited behavior of
offenders.
217.360.
Delivery or concealment of
controlled substances, liquor or prohibited
articles on premises of any correctional
center or city, county or private jail, penalties expungement of records for certain violations,
procedure.
1. It shall be an offense for any person to

55

I

knowingly deliver, attempt to deliver, have
in his possession, deposit or conceal in
or about the premises of any correctional
center, or city or county jail, or private
prison or jail:
(1) Any controlled substance as that
term is defined by law, except upon
the written prescription of a licensed
physician, dentist or veterinarian;
(2) Any other alkaloid of any controlled
substance, any spirituous or malt
liquor, or any intoxicating liquor as
defined in section 311.020, RSMo;
(3) Any anicle or item of personal property
which an offender is prohibited by law
or by rule and regulation of the division
from receiving or possessing;
(4) Any gun, knife, weapon or other
article or item of personal property
that may be used in such manner
as to endanger the safety or security
of the correctional center, or city or
county jail, or private prison or jail
or as to endanger the life or limb of
any offender or employee of such a
center.

56

2.

The violation of subdivision (1) of
subsection 1 of this section shall be a class
C felony; the violation of subdivision (2)
of subsection 1 of this section shall be a
class D felony; the violation of subdivision
(3) of subsection 1 of this section shall be
a class A misdemeanor; and the violation
of subdivision (4) of subsection 1 of this
section shall be a class B felony.
3. Any person who has been found guilty
of or has pied guilty to a violation of
subdivision (2) of subsection 1 of this
section involving any alkaloid shall be
entitled to expungement of the record of
the violation. The procedure to expunge
the record shall be pursuant to section
610.123, RSMo. The record ofanyperson
shall not be expunged if such person has
been found guilty of or has pied guilty
to knowingly delivering, attempting to
deliver, having in his possession, or
depositing or concealing any alkaloid
of any controlled substance in or about
the premises of any correctional center,
or city or county jail, or private prison or
jail.

57

I

(L. 1982 H.B. 1196 § 68, A.L. 1989 H.B. 408,
A.L. 1995 H.B. 424, A.L. 1998 S.B. 842, A.L. 2003
S.B. 399)
217.365. Offenders not to carry money,
exceptions, violations, treated as contraband.
- No offender while confined in any correctional
center of the department, except those offenders
so authorized by the chief administrative officer
of a particular center, shall be permitted to have
on his person, in his cell, or in his immediate
possession, any money or legal tender of any
description. Such money or legal tender shall
be considered contraband under the rules and
regulations of the department. Such contraband
shall be confiscated and deposited in the offender
canteen fund and expended pursuant to section
217.195.
(L. 1982 H.B. 1196 § 69, A. L. 1989 H.B. 408,
A. L. 1995 H.B. 424)
217.385. Violence or injury to others or
property by offender, penalty.
1. No offender shall knowingly commit
violence to an employee of the department
or to another offender housed in a
58

department correctional center. Violation
of this subsection shall be a class B
felony.
2. No offender shall knowingly damage
any building or other property owned or
operated by the department. Violation of
this subsection shall be a class C felony.
(L.1982 H.B.1196 § 74,A. L. 1989 H.B. 408,
A. L. 1995 H.B. 424)
217.390. Escape, defined - penalty. An
offender absenting himself without leave from any
person in charge of his supervision, or from any
work assignment, educational release program or
job outside of the correctional center, or from any
halfway house or correctional facility operated by
another political subdivision to which he has been
assigned, or who willfully fails to return to such
place at the appointed time after having been
permitted to leave, shall be deemed on "escape"
status. He shall be reported by the division to
the appropriate law enforcement officer and upon
conviction shall be sentenced for escape as
provided in section 575.210, RSMo. Inadvertent
releases shall be rectified by an issuance of a
warrant by the director.
59

I

(L. 1982 H.B. 1196 § 75, A. L. 1989 H.B. 408,
A. L. 1990 H.B. 974, A. L. 1995 H.B. 424)

565.085. Crime of endangering a
corrections employee - definitions - penalty.

1 . An offender or prisoner commits the

2.

crime of endangering a corrections
employee, a visitor to a correctional
facility, or another offender or prisoner if
he or she attempts to cause or knowingly
causes such person to come into contact
with blood, seminal fluid, urine, feces or
saliva.
For the purposes of this section the
following terms mean:
(1) "Corrections employee", a person
who is an employee or contracted
employee of a subcontractor, of a
department or agency responsible for
operating a jail, prison, correctional
facility or sexual offender treatment
center, or a person who is assigned
to work in a jail, prison, correctional
facility or sexual offender treatment
center;
(2) "Offender", a person in the custody
60

of the Department of Corrections;
(3) "Prisoner", a person confined in a
county or city jail.
3. Endangering a corrections employee,
a visitor to a correctional facility or
another offender or prisoner is a class
D felony unless the substance is
unidentified in which case it is a class A
misdemeanor. If an offender or prisoner
is knowingly infected with the human
immunodeficiency virus (HIV), hepatitis
B or hepatitis C and exposes another
person to HIV, hepatitis B or hepatitis C
by committing the crime of endangering
a corrections employee, a visitor to a
correctional facility or another offender or
prisoner, it is a class C felony.
(L. 2005 H.B. 700)

House Bill 353 has been signed into law. It
eliminates the provision in section 558.016 which
allowed an offender to petition a court for release
after the offender had served 120 days of a nonviolent class C or D felony.

61

I

566.145.1 Sexual contact with an inmate,
penalty - consent not a defense.
1. A peraon commits the crime of sexual
contact with a prisoner or offender if such
person is an employee of, or assigned
to work in, any jail, prison or correctional
facility and such person has sexual
intercourse or deviate sexual intercourse
with a prisoner or offender.
2. For the purposes of this section the
following terms shall mean:
(1) "Prisoner", includes any person who
is in the custody of a jail, whether
pretrial or after disposition of a
charge;
(2) "Offender'', includes any person in
the custody of a prison or correctional
facility and any person who is under
the supervision of the state board of
probation and parole.
3. Sexual contact with a prisoner or offender
is a class D felony.
4. Consent of a prisoner or offender is not
an affirmative defense.
(L. 2006 H.B. 1698, et al.)

62

GUIDELINES FOR ADJUSTMENT TO
INCARCERATION
The Missouri Department of Corrections is
committed to the custody and supervision of all
offenders; however, circumstances may occur
which place you in a vulnerable or insecure
situation. Be aware of, and avoid, conditions
which may put you in these situations. Some
examples of these circumstances are as follows:
Avoid Getting in Debt by gambling,
borrowing or lending. Be aware of offender
protection groups which promise to provide
you safety in exchange for money, cigarettes or
canteen items.
Substance Abuse - Drugs and Alcohol:
Prescribed medications should be taken according
to an authorized doctor's orders only.
Drugs and alcohol are not permitted. The
use or possession of drugs and alcohol can
lead to attacks against you by others. Also,
the possession/use of controlled substances
is against Missouri statutes and may result in
prosecution.
Unauthorized Organizations will want you

63

I

to become a member. It is your responsibility to
choose your friends wisely as these individuals
might not have your best interest in mind.
Verbal and Physical Harassment or strongarming may occur: In the event such harassment
should occur and you think you need assistance
in handling this problem, contact a staff member
for help.
To Avoid Sexual Assault: Choose your
company carefully. Avoid being alone. Avoid any
type of indebtedness. Do not borrow anything.
If you are assaulted: Contact a staff member
immediately. If sexually assaulted, do not remove
physical evidence by washing or using the toilet.
This will help in possible prosecution. Cooperate
with the investigator. Provide all information
regarding the identity of the aggressor. Offenders
will be evaluated/treated by appropriate medical
personnel.
Crime Tips Hotline: This provides a means
for offenders to leave information anonymously
in reference to criminal activity inside or outside
institutional confinement. Calls will be received
at the Criminal Investigations Unit offices and
located in a secure area with protected access. All
received calls will be voice recorded. Hotline use

Mind your own business. Don't discuss
your personal business such as money, sentence/
offense, family, career, criminal history, etc.
Keep your possessions to a minimum.
The more you have, the more you become a
target.
Avoid idle time. Get involved in selfimprovement activities such as education,
vocational training, recreation, jobs and religion.
If stress levels become too much or you
have thoughts of self-harm/suicide, seek staff
help.
If you think you need protection, you
must notify a staff member as soon as possible.
You will be placed in Temporary Administrative
Segregation until a hearing is held. At the hearing,
you must provide complete information regarding

64

65

is designated to report criminal activity or safety
and security issues related to the department.
The Hotline will not be utilized for complaint,
grievances or unrelated purposes. The Crime
Tips Hotline telephone number is *9-555.
The following are some ways to help you
avoid situations noted above:

I

the threat and identify all enemies. You may be
placed on protective custody status or you may
be released to general population.

an IRR form from unit staff. You must
file this form within 15 calendar days of
the incident you are complaining about.
You are to receive a response within
40 calendar days of receipt of your IRR
by the staff processing IRRs. If you
have not received a response within
that timeframe, you may proceed to the
grievance stage, by notifying IRR staff
and requesting an offender grievance
form.

The Department is committed to ensuring
a safe and secure environment for all. Each
offender is responsible for cooperating with staff
and for complying with all department rules.

OFFENDER GRIEVANCE
PROCEDURE (DS-3.2)
The
offender
grievance
procedure
implemented at your institution provides you
a method of presenting complaints and also
gives staff the opportunity to resolve legitimate
complaints. We encourage you to have informal
discussions with your unit staff to resolve any
complaints you may have. You are required to
complete it prior to filing a lawsuit in the federal
courts.
The offender grievance procedure
consists of 3 stages.

1. INFORMAL RESOLUTION REQUEST
(IRR): If you have not been able to
resolve your complaint, you may request

66

2.

OFFENDER GRIEVANCE:
If you
are not satisfied with the response to
your IRR, you will be given an offender
grievance form which you must file within
7 calendar days from the date you sign
the IRR response. Failure to do so will
result in the complaint being abandoned.
The time limitation will be suspended in
the event a court orders exhaustion of
administrative remedies prior to filing a
lawsuit. You are to receive a response
to your grievance within 40 calendar
days. If no response is received within
that timeframe, you may request, from

67

I

the grievance officer, an offender appeal
form, and you may proceed to the appeal
stage.
3.

GRIEVANCE APPEAL:
If you are
not satisfied with the response to your
grievance you will be given an offender
appeal form. You must file this form with
the grievance officer within 7 calendar
days from the date you sign the offender
grievance response. If you fail to do
so, it will result in the complaint being
abandoned. An appeal response should
be provided as soon as practical, but
within 100 calendar days of receipt.
After receiving the appeal response, the
grievance process is exhausted.

well as duplicating informal resolution requests/
offender grievances. The superintendent may
place limitations on the number of IRR's and
grievances filed. You may grieve any issue
except: matters concerning probation and parole;
actions of state legislature or other federal, state
and local agencies; actions in institutions where
the offender does not reside unless said actions
personally involve or directly affect the offender;
judicial proceedings; conditions which affect
another offender without affecting the grieving
offender personally. Matters related to probation
and parole may be grieved in accordance with
P6-6 .4 Appeal of Parole Decision and P7-1 .7
Complaints/Inquiries and Investigations. Any
further questions you may have concerning the
grievance process may be addressed to the
grievance officer.

ABUSE/MISUSE OF OFFENDER GRIEVANCE
PROCEDURE

SUMMARY

All offenders are encouraged to utilize
this procedure for the redress of grievances;
however, offenders must refrain from knowingly
and deliberately filing improper informal
resolution requests/offender grievances, as

Each of you should rememberthat Institutional
Services Policies and Procedures and Standard
Operating Procedures affecting offender living
conditions, programs, housing and work areas
are available in the offender library.

68

69

All offenders are expected to abide by all local,
state and federal laws, as well as procedures
developed by the department and division.
Nothing in this rulebook prohibits prosecution for
breaking any laws.
Nothing contained in this rulebook is intended
to create a liberty interest protected by the United
States Constitution.

Effective 08/01/2006

70

_

............. ...,, .. ......,. . . . . . . . .......··-···

 

 

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