Or. Admin. Code § 291-105-0015

Current through Register Vol. 63, No. 11, November 1, 2024

Section 291-105-0015 - Rules of Misconduct

(1) Violations Involving Property

(a) 1.01 Arson: An AIC commits arson when that AIC starts an unauthorized fire or causes an explosion.

(b) 1.05 Property I: An AIC commits Property I when that AIC, except as authorized by an employee, destroys, abuses, alters, damages, defaces, misuses, tampers with, or wastes materials or property, or fails to properly protect or produce issued property in a timely manner; and:

(A) 1.05.01 The state-owned or employee-owned property involved exceeds $100 in value; or

(B) 1.05.02 The misconduct involves the functioning of a security device; or

(C) 1.05.03 The misconduct involves a threat to the safety, security, or orderly operation of a facility; or

(D) 1.05.04 The misconduct includes possession of an unauthorized or altered blade, such as a razor blade or pencil sharpener; or

(E) 1.05.05 The property involved exceeds $100 in value, is not state-owned property, and is owned by or belongs to any person or agency that provides services to the state.

(c) 1.06 Property II (minor violation): An AIC commits Property II when that AIC, except as authorized by an employee, destroys, alters, abuses, damages, defaces, misuses, tampers with, or wastes materials or property, or fails to properly protect or produce issued property in a timely manner.

(d) 1.10 Contraband I: An AIC commits Contraband I when that AIC:

(A) 1.10.01 Possesses any intoxicant or is intoxicated; or

(B) 1.10.02 Possesses any drug paraphernalia; or

(C) 1.10.03 Has gone through any authorized screening process such as urinalysis, breathalyzer, oral swabs, etc. and has been found to have any controlled substance or intoxicant in urine, blood, or other body parts; or

(D) 1.10.04 Fails to provide or refuses to submit an acceptable sample for testing or submits an unacceptable sample for testing; or

(E) 1.10.05 Alters, substitutes, contaminates, or destroys a urine sample; or

(F) 1.10.06 Possesses money in the amount of $10 or more (this excludes trust account funds); or

(G) 1.10.07 Possesses illegitimately obtained items or trust account funds valuing $100 or more.

(e) 1.11 Contraband II: An AIC commits Contraband II when that AIC possesses contraband, including that listed in Contraband I and Contraband III, that creates a threat to the safety, security, or orderly operation of a facility, including but not limited to:

(A) 1.11.01 Tobacco or smoking paraphernalia, unauthorized medication, items of barter, checks, money under $10, or unauthorized sexually explicit material; or

(B) 1.11.02 Items that were obtained by threats of or actual theft, forgery, or coercion.

(f) 1.12 Contraband III (minor violation): An AIC commits Contraband III when that AIC possesses contraband, including that listed in Contraband I and Contraband II, or un-cancelled stamps, expired self-medication, legal material belonging to another AIC, or property in excess of that authorized.

(g) 1.14 Unauthorized Transfer of Digital Currency: An AIC commits Unauthorized Transfer of Digital Currency when that AIC, directly or through a third party, transfers digital currency to another for the benefit of any AIC. This rule does not apply to funds maintained by DOC in an AIC trust account or to a transfer that has been previously authorized by the functional unit manager or designee.

(h) 1.15 Drug Possession: An AIC commits Drug Possession when that AIC possesses a controlled substance.

(i) 1.20 Possession of Body Modification Paraphernalia: An AIC commits Possession of Body Modification Paraphernalia when that AIC possesses items capable of being used in body modification, including but not limited to, motors, needles, and ink.

(j) 1.25 Unauthorized Use of Information Systems I: An AIC commits Unauthorized Use of Information Systems I when that AIC operates or uses any information system equipment (including terminals, personal computers, tablet computers, minicomputers, workstations, controllers, printers, copiers, fax machines, or phones) if the usage exceeds the conditions of use or access granted by the Director, functional unit manager, or designee in the following manner:

(A) 1.25.01 To send, receive, or read messages or e-mails, access the Internet, or access any employee-only programs or computer systems; or

(B) 1.25.02 To conduct illegitimate business activity; or

(C) 1.25.03 To do unauthorized legal work.

(k) 1.26 Unauthorized Use of Information Systems II: An AIC commits Unauthorized Use of Information Systems II when that AIC operates or uses any information system equipment (including terminals, personal computers, tablet computers, minicomputers, workstations, controllers, printers, copiers, fax machines, or phones) if the usage exceeds the conditions of use or access granted by the Director, functional unit manager, or designee in the following manner:

(A) 1.26.01 To prepare a letter or other unauthorized document; or

(B) 1.26.02 To make copies, view video, or listen to audio files for personal use; or

(C) 1.26.03 To use the phone, Video Interactive Phone system, or any incentive level electronic device in excess of, or outside, the parameters permitted under the department's rules.

(2) Violations Against Persons

(a) 2.01 Staff Assault I: An AIC commits Staff Assault I when that AIC:

(A) 2.01.01 Causes physical injury to or commits a physical attack on an employee, public safety officer, or non-employee service provider in a manner that has potential to cause physical injury; or

(B) 2.01.02 Causes bodily fluids (human or animal) to come in contact with an employee, public safety officer, or non-employee service provider; or

(C) 2.01.03 Commits a physical attack on an employee, visitor, public safety officer, or non-employee service provider and uses a dangerous or deadly weapon; or

(D) 2.01.04 Harms or endangers the well-being of an animal in the care and custody of DOC or used to conduct DOC affairs; or

(E) 2.01.05 Refuses to stop any assaultive behavior after being ordered to do so, which necessitates an employee to use physical force to stop the behavior and which results in employee injury.

(b) 2.02 Staff Assault II: An AIC commits Staff Assault II when that AIC commits a physical attack on an employee, public safety officer, non-employee service provider, or animal in the care and custody of DOC.

(c) 2.03 Assault of a Member of the Public: An AIC commits Assault of a Member of the Public when that AIC commits a physical attack, endangers the well-being of, or causes bodily fluids (human or animal) to come into contact with any person or animal who is not an employee, a non-employee service provider, AIC in the care and custody of DOC, or an animal in the care and custody of DOC.

(d) 2.05 AIC Assault I: An AIC commits AIC Assault I when that AIC:

(A) 2.05.01 Causes serious physical injury to another AIC or causes injury to another AIC that requires transporting the AIC to an outside agency for medical care; or

(B) 2.05.02 Causes physical injury to another AIC and uses a dangerous or deadly weapon; or

(C) 2.05.03 Commits a unilateral attack in a location or under circumstances that create a threat to the safety, security, or orderly operation of a facility; or

(D) 2.05.04 Refuses to stop assaultive behavior after being ordered to do so which necessitates an employee to use physical force to stop the assaultive behavior; or

(E) 2.05.05 Causes bodily fluids (human or animal) to come into contact with another AIC; or

(F) 2.05.06 Engages in assaultive behavior acting in concert with one or more AIC(s).

(e) 2.06 AIC Assault II: An AIC commits AIC Assault II when that AIC:

(A) 2.06.01 Commits a unilateral attack or is involved in a mutual fight that causes physical injury to another AIC; or

(B) 2.06.02 Is involved in a mutual fight in a location or under circumstances that create a threat to the safety, security, or orderly operation of a facility.

(f) 2.07 AIC Assault III: An AIC commits AIC Assault III when that AIC commits a unilateral attack or is involved in a mutual fight with another AIC.

(g) 2.10 Disrespect I: An AIC commits Disrespect I when that AIC directs hostile, sexual, abusive, or threatening language or gestures (verbal or written) toward or about another person that involves racial, religious, or sexual harassment or a physical threat to the other person.

(h) 2.11 Disrespect II: An AIC commits Disrespect II when that AIC directs hostile, sexual, abusive, or threatening language or gestures (verbal or written) toward or about another person, in a manner or circumstances that create a threat to the safety, security, or orderly operation of a facility.

(i) 2.12 Disrespect III (minor violation): An AIC commits Disrespect III when that AIC directs hostile, sexual, abusive, or threatening language or gestures (verbal or written) toward or about another person.

(j) 2.15 Extortion I: An AIC commits Extortion I when that AIC compels or induces any person, who is not an AIC, to act or refrain from acting, by threats, force, or intimidation.

(k) 2.16 Extortion II: An AIC commits Extortion II when that AIC:

(A) 2.16.01 Compels or induces another AIC to act or refrain from acting by threats, force, or intimidation; or

(B) 2.16.02 Compels or induces an employee to act, to refrain from acting, or to refrain from performing a job duty through use of demands.

(l) 2.20 Sexual Assault/Abuse: An AIC commits Sexual Assault/Abuse when that AIC engages in sexual activity and the victim does not consent, is unable to consent or refuse consent, or is coerced into such activity by expressed or implied threats of violence.

(m) 2.25 Sexual Harassment: An AIC commits Sexual Harassment when that AIC:

(A) 2.25.01 Makes repeated and unwelcomed sexual advances or requests for sexual favors, or

(B) 2.25.02 Makes repeated and unwelcomed verbal comments, gestures, or actions of a derogatory or offensive sexual nature, directed toward or about another, including demeaning references to gender; or

(C) 2.25.03 Makes repeated and unwelcomed sexually suggestive or derogatory comments about body or clothing, or obscene language or gestures.

(n) 2.30 Non-Assaultive Sexual Activity: An AIC commits Non-Assaultive Sexual Activity when that AIC solicits or engages in sexual activity and the sexual activity is conducted without violence, threat of violence, coercion, or use of a weapon.

(o) 2.40 Hostage Taking: An AIC commits Hostage Taking when that AIC seizes, holds, or otherwise significantly deprives the liberty of another person.

(p) 2.45 Body Modification: An AIC commits body modification when that AIC alters or allows any person to be altered by tattooing, piercing, puncturing, scarring, etc., including modifying or perpetuating any previous modification.

(3) Violations Involving Fraud or Deception

(a) 3.01 False Information to Employees I: An AIC commits False Information to Employees I when that AIC presents or causes the presentation of false or misleading information to an employee or non-employee service provider that creates a threat to the safety, security, or orderly operation of a facility. False or misleading information shall include gestures, verbal, or written communications.

(b) 3.02 False Information to Employees II (minor violation): An AIC commits False Information to Employees II when that AIC presents or causes the presentation of false or misleading information to an employee or non-employee service provider. False or misleading information includes gestures, verbal, or written communications.

(c) 3.05 Forgery: An AIC commits Forgery when that AIC falsely makes, completes, alters, or presents a written instrument.

(d) 3.10 Gambling: An AIC commits Gambling when that AIC wagers anything of value in games of chance, possesses paraphernalia associated with gambling, or possesses the proceeds of gambling activity.

(e) 3.15 Fraud: An AIC commits fraud when that AIC deceives another person or business in order to obtain money, property, or something of value.

(4) Violations Against the Orderly Operation of the Department or a Facility:

(a) 4.01 Disobedience of an Order I: An AIC commits Disobedience of an Order I when that AIC overtly refuses to promptly or in a timely manner comply with a valid order, which creates a threat to the safety, security, or orderly operation of a facility.

(b) 4.02 Disobedience of an Order II: An AIC commits Disobedience of an Order II when that AIC fails to comply with a valid order, which creates a threat to the safety, security, or orderly operation of a facility.

(c) 4.03 Disobedience of an Order III (minor violation): An AIC commits Disobedience of an Order III when that AIC fails to comply with a valid order.

(d) 4.04 Leave Violation: An AIC commits a Leave Violation when that AIC:

(A) 4.04.01 Refuses or fails to follow a valid order or condition of Short-Term Transitional Leave.

(B) 4.04.02 Refuses or fails to follow a valid order or condition of Non-Prison Leave.

(e) 4.05 Disturbance: An AIC commits a Disturbance when that AIC advocates, incites, creates, engages in, maintains, or promotes a situation characterized by unruly, noisy, or violent conduct, or unauthorized group activity, which disrupts the orderly administration of or poses a direct threat to the security of a facility, facility programs, or the safety of an employee or another person.

(f) 4.10 Distribution I: An AIC commits Distribution I when that AIC:

(A) 4.10.01 Distributes or receives any controlled substance, intoxicant, drug paraphernalia, or money in the amount of $10 or more (not including funds maintained by DOC in an AIC trust account); or

(B) 4.10.02 Possesses any controlled substance, intoxicant, drug paraphernalia, or money in the amount of $10 or more (not including funds maintained by DOC in an AIC trust account), which have been packaged for distribution.

(g) 4.11 Distribution II: An AIC commits Distribution II when that AIC:

(A) 4.11.01 Distributes or receives contraband that creates a threat to the safety, security, and orderly operation of a facility; or

(B) 4.11.02 Possesses contraband that has been packaged for distribution and that creates a threat to the safety, security, and orderly operation of a facility; or

(C) 4.11.03 Knowingly destroys evidence to interfere with an employee's ability to identify the contraband or item.

(h) 4.15 Compromising an Employee: An AIC commits Compromising an Employee when that AIC knowingly engages an employee, public safety officer, non-employee service provider, or any person involved in DOC programs or activities in a personal relationship or business transaction, excluding AICs or visitors approved under DOC visiting rules.

(i) 4.20 Escape I: An AIC commits Escape I when that AIC departs without authorization from:

(A) 4.20.01 Within the security perimeter of a facility; or

(B) 4.20.02 The immediate control of an employee or public safety officer while in secure physical custody and outside a secure facility perimeter; or

(C) 4.20.03 The immediate control of a secure cell or secure housing unit.

(j) 4.21 Escape II: An AIC commits Escape II when that AIC departs without authorization from:

(A) 4.21.01 The grounds of a facility without a secure perimeter; or

(B) 4.21.02 The direct supervision of personnel authorized to supervise AICs while outside a facility secure perimeter; or

(C) 4.21.03 Short-Term Transitional Leave or Non-Prison Leave and a warrant or an order for arrest and return of the AIC has been issued.

(k) 4.25 Possession of an Escape Device: An AIC commits Possession of an Escape Device when that AIC possesses any item specifically designed for, physically altered for, or readily capable of being used to facilitate an escape from a facility or from custody.

(l) 4.30 Possession of a Weapon: An AIC commits Possession of a Weapon when that AIC possesses an instrument, article, or substance specifically designed for, physically altered for, or readily capable of causing death or serious physical injury to a person or animal.

(m) 4.33 Possession of an Electronic Device: An AIC commits Possession of an Electronic Device when that AIC possesses an unauthorized electronic communication device.

(n) 4.35 Racketeering: An AIC commits Racketeering when that AIC engages in illicit activity that is carried out for the purpose of personal or financial gain through unlawful acts.

(o) 4.40 Unauthorized Area I: An AIC commits Unauthorized Area I when that AIC fails to be present in any location designated by assignment, programmed activity, call out, or employee or non-employee service provider directive (or is in any location not designated by assignment, programmed activity, call out, or employee or non-employee service provider directive) that creates a threat to the safety, security, or orderly operation of a facility.

(p) 4.41 Unauthorized Area II (minor violation): An AIC commits Unauthorized Area II when that AIC fails to be present in any location designated by assignment, programmed activity, call out, or employee or non-employee service provider directive (or is in any location not designated by assignment, programmed activity, call out, or employee or non-employee service provider directive).

(q) 4.45 Unauthorized Organization I: An AIC commits Unauthorized Organization I when that AIC is part of a group of two or more persons (whether formal or informal), who collectively, or in concert, create or actively promote, recruit, participate in, or is involved in security threat activity.

(r) 4.46 Unauthorized Organization II: An AIC commits Unauthorized Organization II when that AIC:

(A) 4.46.01 Supports, displays, or endorses through verbal, visual, or written acts or communication any club, association, or organization that is a security threat group; or

(B) 4.46.02 Engages in a petition drive without specific authorization from the functional unit manager.

Or. Admin. Code § 291-105-0015

CD 8(Temp), f. & ef. 10-20-72 thru 2-16-73; CD 11(Temp), f. & ef. 10-20-72 thru 2-16-73; CD 12(Temp), f. & ef. 10-20-72 thru 2-16-73; CD 33, f. 6-16-76, ef. 7-1-76; CD 34(Temp), f. & ef. 7-19-76; CD 36, f. 11-5-76, ef. 11-15-76; CD 7-1979, f. & ef. 3-14-79; CD 19-1979(Temp), f. & ef. 10-19-79, Renumbered from 291-040-0050; CD 13-1980, f. & ef. 4-15-80, Renumbered from 291-040-0050; CD 25-1982, f. & ef. 11-19-82; CD 8-1985(Temp), f. & ef. 6-19-85; CD 30-1985, f. & ef. 8-16-85; CD 6-1986(Temp), f. 3-14-86, ef. 4-15-86; CD 29-1986, f. & ef. 8-20-86; CD 38-1987, f. & ef. 10-2-87; CD 5-1989, f. & cert. ef. 4-21-89; CD 8-1992, f. 3-27-92, cert. ef. 4-14-92; CD 6-1993, f. 3-10-93, cert. ef. 4-1-93; CD 9-1995, f. 5-23-95, cert. ef. 6-1-95; CD 16-1996, f. 11-13-96, cert. ef. 11-15-96; DOC 3-1999, f. 2-25-99, cert. ef. 3-1-99; DOC 28-1999(Temp), f. & cert. ef. 12-22-99 thru 6-19-00; DOC 16-2000, f. & cert. ef. 6-19-00; DOC 6-2002, f. 4-30-02, cert. ef. 5-1-02; DOC 9-2005, f. 7-22-05, cert. ef. 7-24-05; DOC 9-2009, f. 6-24-09, cert. ef. 7-1-09; DOC 24-2011, f. 12-2-11, cert. ef. 12-7-11; DOC 25-2020, amend filed 12/14/2020, effective 12/15/2020; DOC 8-2022, amend filed 09/06/2022, effective 9/6/2022; DOC 10-2023, amend filed 05/23/2023, effective 5/23/2023; DOC 8-2024, amend filed 05/16/2024, effective 5/24/2024

To view attachments referenced in rule text, click here to view rule.

Statutory/Other Authority: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075

Statutes/Other Implemented: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075