TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER I: DEPARTMENT OF CORRECTIONS
SUBCHAPTER e: OPERATIONS
PART 504 DISCIPLINE AND GRIEVANCES
SECTION 504.APPENDIX A OFFENSE NUMBERS AND DEFINITIONS
Section 504.APPENDIX A Offense Numbers and Definitions
100. VIOLENT ASSAULT OF ANY PERSON
Causing a person, substance or object to come into contact with another person in a deadly manner or in a manner that results in serious bodily injury.
Setting fire in any location whether public or private, including, but not limited to, any part of the facility, its grounds, or State vehicles.
102a. ASSAULT WITH INJURY
Causing a person, substance or object to come into contact with, and resulting in injury to, a staff member, contractual employee, official visitor, visitor or volunteer.
Causing a person, substance or object to come into contact with a staff member, contractual employee, official visitor, visitor or volunteer in an offensive or provocative manner; or fighting with a weapon.
102c. ASSAULT TO AN OFFENDER
Causing a person, substance or an object to come into contact with any offender in an offensive, provocative or injurious manner; or fighting with a weapon.
103. BRIBERY & EXTORTION
Demanding or receiving anything of value in exchange for protection, to avoid bodily injury, or through duress or pressure. Giving or receiving money or anything of value to violate State or federal law or to commit any act prohibited under this Part.
104. DANGEROUS CONTRABAND
Possessing, manufacturing, introducing, selling, supplying to others or using without authorization any explosive, acid, caustic material for incendiary devices, ammunition, dangerous chemical, escape material, knife, sharpened instrument, gun, firearm, razor, glass, bludgeon, brass knuckles, cutting tools, tools which may be used to defeat security measures such as hacksaw blades, keys and lock picks, any other dangerous or deadly weapon or substance of like character or any object or instrument that is made to appear to be or could be used as a deadly or dangerous weapon or substance.
105. DANGEROUS DISTURBANCES
Causing, directing or participating in any action or group activity that may threaten the control or security of a facility or seriously disrupt or endanger the operations of a facility, persons or property, including the taking or holding of hostages by force or threat of force and engaging in prohibited group activities such as work stoppages or hunger strikes.
Leaving or failing to return to lawful custody without authorization, including the failure to return from furlough, leave or authorized absence within two hours after the designated time.
107. SEXUAL MISCONDUCT
Engaging in sexual intercourse, sexual conduct or gesturing, fondling or touching done to sexually arouse, intimidate or harass either or both persons; or engaging in any of these activities with an animal. However, private masturbation in the offender's living area, excluding a deliberate display of the act or to affront others, shall not be considered sexual misconduct.
108. SEXUAL ASSAULT
Causing unwilling contact between the sex organ of one person and the sex organ, mouth or anus of another person or any intrusion of any part of the body of one person or object into the sex organ or anus of another person by use of force or threat of force, including pressure, threats or any other actions or communications by one or more persons to force another person to engage in a partial or complete sexual act.
109. ELECTRONIC CONTRABAND
Possessing, selling, receiving, supplying to others, or using without authorization any electronic device, video recording device, computer or cellular communications equipment, including, but not limited to, cellular telephones, cellular telephone batteries, pagers, computers and computer peripheral equipment.
110. IMPEDING OR INTERFERING WITH AN INVESTIGATION
Obstructing, impeding or refusing to provide information relevant to an investigation in an attempt to undermine or alter the course of the investigation.
111. SECURITY THREAT GROUP OR UNAUTHORIZED ORGANIZATIONAL LEADERSHIP ACTIVITY
Knowingly accepting or assuming any leadership position or a position of authority over other offenders in any security threat group or unauthorized organization; or pressuring, recruiting, organizing, authorizing or directing others to engage in security threat group or unauthorized organizational activities, meetings or criminal acts on behalf of an organization not approved pursuant to 20 Ill. Adm. Code 445 or 450.
201. CONCEALMENT OF IDENTITY
Wearing a disguise or a mask, impersonating another or otherwise concealing one's identity.
202. DAMAGE OR MISUSE OF PROPERTY
Destroying, damaging, removing, altering, tampering with, or otherwise misusing property belonging to the State, another person or entity, including the obstruction of locks or security devices, destroying or tampering with bar codes or identification cards, or the use of another person's identification card.
203. DRUGS AND DRUG PARAPHERNALIA
Possessing, manufacturing, introducing, selling, supplying to others, or receiving alcohol, any intoxicant, inhalant, narcotic, syringe, needle, unauthorized controlled medication, controlled substance, unidentifiable medication or marijuana; or being under the influence of any of the above substances; or refusing to be tested for drug or alcohol use, including failure to provide a specimen within two hours after the request; or destroying or tampering with drug or alcohol tests or testing equipment.
Forging, counterfeiting or reproducing without authorization any document, article of identification, money, security or official paper.
205. SECURITY THREAT GROUP OR UNAUTHORIZED ORGANIZATIONAL ACTIVITY
Engaging in security threat group or unauthorized organizational activities, meetings or criminal acts; displaying, wearing, possessing or using security threat group or unauthorized organizational insignia or materials; or giving security threat group or unauthorized organizational signs.
206. INTIMIDATION OR THREATS
Expressing by words, actions or other behavior an intent to cause harm to any person or property that creates the reasonable belief that physical, monetary or economic harm to that person or to another will result; or any unauthorized contact or attempt to contact staff outside of official Department business.
208. DANGEROUS COMMUNICATIONS
Engaging in verbal or written communication that is likely to encourage violence against persons or that is likely to disrupt or endanger the safety and security of the facility, including, but not limited to, escape plans and manufacture of weapons.
209. DANGEROUS WRITTEN MATERIAL
Possessing or causing to be brought into the facility written material that presents a serious threat to the safety and security of persons or the facility, including, but not limited to, written material relating to methods of escape and the manufacturing of weapons.
210. IMPAIRMENT OF SURVEILLANCE
Using curtains, coverings or any other matter or object in an unauthorized manner that obstructs or otherwise impairs the line of vision into an offender's cell or room or that obstructs or otherwise impairs any viewing panel or surveillance equipment, both audio and visual, within the facility.
211. POSSESSION OR SOLICITATION OF UNAUTHORIZED PERSONAL INFORMATION
Possessing or soliciting unauthorized personal information regarding another offender, releasee, employee, former employee or volunteer, including, but not limited to, personnel files, master files, medical or mental health records, photographs, social security numbers, home addresses, financial information or telephone numbers, except as authorized by a court order or as approved in writing by the Chief Administrative Officer.
212. FRIVOLOUS LAWSUIT
A pleading, motion or other paper filed by the offender for which the court, in accordance with 730 ILCS 5/3-6-3, has found to be frivolous.
213. FAILURE TO REVEAL ASSETS
Failing to fully cooperate in revealing financial assets on the form provided, including tangible and intangible property and real and personal property; providing false or inaccurate information regarding financial assets or dependents on the forms provided; or refusing to cooperate in revealing financial assets on the form provided.
Fighting with another person in a manner that is not likely to cause serious bodily injury to one or the other and that does not involve the use of a weapon.
215. DISOBEYING A DIRECT ORDER ESSENTIAL TO SAFETY AND SECURITY
Willfully refusing, or neglecting to comply with, an order when continued refusal results in a use of force to maintain the safety and security of a facility. This shall include, but not be limited to, refusing to submit to a search, refusing to submit to the application of mechanical restraints, refusing a designated housing assignment or refusing to leave an area.
Operating or playing a game of chance or skill for anything of value, making a bet upon the outcome of any event, or possessing any gambling device. This shall include participating in any lottery.
303. GIVING FALSE INFORMATION TO AN EMPLOYEE
Lying or knowingly providing false information to an employee, either orally or in writing.
Talking, touching, gesturing or other behavior that harasses, annoys or shows disrespect.
Taking property belonging to another person or entity or the facility without the owner's authorization.
306. TRANSFER OF FUNDS
Causing money to be transferred from one trust fund to another or through an outside source to the account of another offender or entering into contracts or credit agreements without written approval from the Chief Administrative Officer.
307. UNAUTHORIZED MOVEMENT
Being anywhere without authorization or being absent from where required to be or returning late or not traveling directly to or from any authorized destination without prior staff approval.
308. CONTRABAND OR UNAUTHORIZED PROPERTY
Possessing, giving, loaning, receiving or using property that an offender has no authorization to have or to receive and that was not issued to the individual through regular procedures, including the unauthorized possession of food or clothing or the possession of property in excess of that authorized by the facility; or property that has been altered from its original state. This offense includes prescribed medication misuse, such as, but not limited to, prescribed medication that is expired, loose or altered from its original state.
309. PETITIONS, POSTINGS AND BUSINESS VENTURES
Writing, signing or circulating a petition without authorization; unauthorized distributing or posting of any printed or written materials, including surveys; engaging in an unauthorized business venture; or representing oneself as a corporation or official of a corporation without authorization.
310. ABUSE OF PRIVILEGES
Violating any rule regarding visits, mail, the library, yard, commissary, telephone, authorized electronic communication or recreational activities. This includes unauthorized telephone usage, three-party calls, call forwarding, corresponding or communicating, by any means, with a victim, a victim's family member or any other person after the offender has received notice that such person has informed the Department that he or she does not wish to receive correspondence from the offender. However, if the conduct also constitutes a violation of federal or State law, a committed person may also be charged under #501.
311. FAILURE TO SUBMIT TO MEDICAL OR FORENSIC TESTS
Willfully refusing to submit to, or cooperate with, testing, examinations or the provision of samples required by court order, State law or current standards of public health and safety, including the refusal to submit to annual tuberculosis screening and mandatory HIV or DNA testing.
312. POSSESSION OF MONEY
Possessing or causing to be brought into the facility any coin, currency or other negotiable instrument without authorization or for residents of transition centers, failure to promptly submit all income to center staff, including wages, tips, gifts or any check for social security, disability, veteran's benefits, grants, scholarships or loans.
313. DISOBEYING A DIRECT ORDER
Willfully refusing or neglecting to comply with an order, including the refusal to participate in educational testing; to accept a work, educational or housing assignment; or to perform a work assignment.
402. HEALTH, SMOKING OR SAFETY VIOLATIONS
Smoking; tattooing or body piercing, including, but not limited to, piercing of the ear, nose or lip; or disregarding basic hygiene of any person, cell, living or work area, or other place in the facility or its grounds.
404. VIOLATION OF RULES
Willfully disobeying any rule of the facility. If the specific offense is stated elsewhere in this Part, a committed person may not be charged with this offense. The rule violated must be specified in the disciplinary report.
405. FAILURE TO REPORT
Failure to report for a work, educational or program assignment or for transport.
406. TRADING OR TRAFFICKING
Trading or trafficking with any person.
501. VIOLATING STATE OR FEDERAL LAWS
Committing any act that would constitute a violation of State or federal law. If the specific offense is stated elsewhere in this Part, an offender may not be charged with this offense except as otherwise provided in this Section. The State or federal offense must be specified in the disciplinary report.
601. AIDING AND ABETTING, ATTEMPT, SOLICITATION OR CONSPIRACY
Aiding and abetting any person in the commission of any of these offenses; attempting to commit any of these offenses; making plans to commit any of these offenses; soliciting another to commit any of these offenses; or conspiring to commit any of these offenses shall be considered the same as the commission of the offense itself and shall carry the penalty prescribed for the underlying offense. The underlying offense must be specified in the disciplinary report.
(Source: Amended at 41 Ill. Reg. 3869, effective April 1, 2017)