28 CFR 541.3 - Prohibited acts and available sanctions.

View all text of Subpart A [§ 541.1 - § 541.8]

§ 541.3 - Prohibited acts and available sanctions.

(a) Prohibited acts. The list of prohibited acts are divided into four separate categories based on severity: Greatest; High; Moderate; and Low. We describe the prohibited acts in Table 1—Prohibited Acts and Available Sanctions. Aiding, attempting, abetting, or making plans to commit any of the prohibited acts is treated the same as committing the act itself.

(b) Available sanctions. The list of available sanctions for committing prohibited acts is listed in Table 1—Prohibited Acts and Available Sanctions. If you commit repetitive prohibited acts, we can impose increased sanctions, as listed in Table 2—Additional Available Sanctions for Repeated Prohibited Acts Within the Same Severity Level.

Table 1—Prohibited Acts and Available Sanctions

Greatest Severity Level Prohibited Acts

100

Killing.

101

Assaulting any person, or an armed assault on the institution's secure perimeter (a charge for assaulting any person at this level is to be used only when serious physical injury has been attempted or accomplished).

102

Escape from escort; escape from any secure or non-secure institution, including community confinement; escape from unescorted community program or activity; escape from outside a secure institution.

103

Setting a fire (charged with this act in this category only when found to pose a threat to life or a threat of serious bodily harm or in furtherance of a prohibited act of Greatest Severity, e.g., in furtherance of a riot or escape; otherwise the charge is properly classified Code 218, or 329).

104

Possession, manufacture, or introduction of a gun, firearm, weapon, sharpened instrument, knife, dangerous chemical, explosive, ammunition, or any instrument used as a weapon.

105

Rioting.

106

Encouraging others to riot.

107

Taking hostage(s).

108

Possession, manufacture, introduction, or loss of a hazardous tool (tools most likely to be used in an escape or escape attempt or to serve as weapons capable of doing serious bodily harm to others; or those hazardous to institutional security or personal safety; e.g., hack-saw blade, body armor, maps, handmade rope, or other escape paraphernalia, portable telephone, pager, or other electronic device).

109

(Not to be used).

110

Refusing to provide a urine sample; refusing to breathe into a Breathalyzer; refusing to take part in other drug-abuse testing.

111

Introduction or making of any narcotics, marijuana, drugs, alcohol, intoxicants, or related paraphernalia, not prescribed for the individual by the medical staff.

112

Use of any narcotics, marijuana, drugs, alcohol, intoxicants, or related paraphernalia, not prescribed for the individual by the medical staff.

113

Possession of any narcotics, marijuana, drugs, alcohol, intoxicants, or related paraphernalia, not prescribed for the individual by the medical staff.

114

Sexual assault of any person, involving non-consensual touching by force or threat of force.

115

Destroying and/or disposing of any item during a search or attempt to search.

196

Use of the mail for an illegal purpose or to commit or further a Greatest category prohibited act.

197

Use of the telephone for an illegal purpose or to commit or further a Greatest category prohibited act.

198

Interfering with a staff member in the performance of duties most like another Greatest severity prohibited act. This charge is to be used only when another charge of Greatest severity is not accurate. The offending conduct must be charged as “most like” one of the listed Greatest severity prohibited acts.

199

Conduct which disrupts or interferes with the security or orderly running of the institution or the Bureau of Prisons most like another Greatest severity prohibited act. This charge is to be used only when another charge of Greatest severity is not accurate. The offending conduct must be charged as “most like” one of the listed Greatest severity prohibited acts.

Available Sanctions for Greatest Severity Level Prohibited Acts

Recommend parole date rescission or retardation.

Forfeit and/or withhold earned statutory good time or non-vested good conduct time (up to 100%) and/or terminate or disallow extra good time (an extra good time or good conduct time sanction may not be suspended).

B.1.

Disallow ordinarily between 50% and 75% (27-41 days) of good conduct time credit available for year (a good conduct time sanction may not be suspended).

B.2

Forfeit up to 41 days of earned First Step Act (FSA) Time Credits (see 28 CFR part 523, subpart E) for each prohibited act committed.

Disciplinary segregation (up to 12 months).

Make monetary restitution.

Monetary fine.

Loss of privileges (e.g., visiting, telephone, commissary, movies, recreation).

Change housing (quarters).

Remove from program and/or group activity.

Loss of job.

Impound inmate's personal property.

Confiscate contraband.

Restrict to quarters.

Extra duty.

High Severity Level Prohibited Acts

200

Escape from a work detail, non-secure institution, or other non-secure confinement, including community confinement, with subsequent voluntary return to Bureau of Prisons custody within four hours.

201

Fighting with another person.

202

(Not to be used).

203

Threatening another with bodily harm or any other offense.

204

Extortion; blackmail; protection; demanding or receiving money or anything of value in return for protection against others, to avoid bodily harm, or under threat of informing.

205

Engaging in sexual acts.

206

Making sexual proposals or threats to another.

207

Wearing a disguise or a mask.

208

Possession of any unauthorized locking device, or lock pick, or tampering with or blocking any lock device (includes keys), or destroying, altering, interfering with, improperly using, or damaging any security device, mechanism, or procedure.

209

Adulteration of any food or drink.

210

(Not to be used).

211

Possessing any officer's or staff clothing.

212

Engaging in or encouraging a group demonstration.

213

Encouraging others to refuse to work, or to participate in a work stoppage.

214

(Not to be used).

215

(Not to be used).

216

Giving or offering an official or staff member a bribe, or anything of value.

217

Giving money to, or receiving money from, any person for the purpose of introducing contraband or any other illegal or prohibited purpose.

218

Destroying, altering, or damaging government property, or the property of another person, having a value in excess of $100.00, or destroying, altering, damaging life-safety devices (e.g., fire alarm) regardless of financial value.

219

Stealing; theft (including data obtained through the unauthorized use of a communications device, or through unauthorized access to disks, tapes, or computer printouts or other automated equipment on which data is stored).

220

Demonstrating, practicing, or using martial arts, boxing (except for use of a punching bag), wrestling, or other forms of physical encounter, or military exercises or drill (except for drill authorized by staff).

221

Being in an unauthorized area with a person of the opposite sex without staff permission.

222

(Not to be used).

223

(Not to be used).

224

Assaulting any person (a charge at this level is used when less serious physical injury or contact has been attempted or accomplished by an inmate).

225

Stalking another person through repeated behavior which harasses, alarms, or annoys the person, after having been previously warned to stop such conduct.

226

Possession of stolen property.

227

Refusing to participate in a required physical test or examination unrelated to testing for drug abuse (e.g., DNA, HIV, tuberculosis).

228

Tattooing or self-mutilation.

229

Sexual assault of any person, involving non-consensual touching without force or threat of force.

231

Requesting, demanding, pressuring, or otherwise intentionally creating a situation, which causes an inmate to produce or display his/her own court documents for any unauthorized purpose to another inmate.

296

Use of the mail for abuses other than criminal activity which circumvent mail monitoring procedures (e.g., use of the mail to commit or further a High category prohibited act, special mail abuse; writing letters in code; directing others to send, sending, or receiving a letter or mail through unauthorized means; sending mail for other inmates without authorization; sending correspondence to a specific address with directions or intent to have the correspondence sent to an unauthorized person; and using a fictitious return address in an attempt to send or receive unauthorized correspondence).

297

Use of the telephone for abuses other than illegal activity which circumvent the ability of staff to monitor frequency of telephone use, content of the call, or the number called; or to commit or further a High category prohibited act.

298

Interfering with a staff member in the performance of duties most like another High severity prohibited act. This charge is to be used only when another charge of High severity is not accurate. The offending conduct must be charged as “most like” one of the listed High severity prohibited acts.

299

Conduct which disrupts or interferes with the security or orderly running of the institution or the Bureau of Prisons most like another High severity prohibited act. This charge is to be used only when another charge of High severity is not accurate. The offending conduct must be charged as “most like” one of the listed High severity prohibited acts.

Available Sanctions for High Severity Level Prohibited Acts

Recommend parole date rescission or retardation.

Forfeit and/or withhold earned statutory good time or non-vested good conduct time up to 50% or up to 60 days, whichever is less, and/or terminate or disallow extra good time (an extra good time or good conduct time sanction may not be suspended).

B.1

Disallow ordinarily between 25% and 50% (14-27 days) of good conduct time credit available for year (a good conduct time sanction may not be suspended).

B.2

Forfeit up to 27 days of earned FSA Time Credits for each prohibited act committed.

Disciplinary segregation (up to 6 months).

Make monetary restitution.

Monetary fine.

Loss of privileges (e.g., visiting, telephone, commissary, movies, recreation).

Change housing (quarters).

Remove from program and/or group activity.

Loss of job.

Impound inmate's personal property.

Confiscate contraband.

Restrict to quarters.

Extra duty.

Moderate Severity Level Prohibited Acts

300

Indecent Exposure.

301

(Not to be used).

302

Misuse of authorized medication.

303

Possession of money or currency, unless specifically authorized, or in excess of the amount authorized.

304

Loaning of property or anything of value for profit or increased return.

305

Possession of anything not authorized for retention or receipt by the inmate, and not issued to him through regular channels.

306

Refusing to work or to accept a program assignment.

307

Refusing to obey an order of any staff member (may be categorized and charged in terms of greater severity, according to the nature of the order being disobeyed, e.g., failure to obey an order which furthers a riot would be charged as 105, Rioting; refusing to obey an order which furthers a fight would be charged as 201, Fighting; refusing to provide a urine sample when ordered as part of a drug-abuse test would be charged as 110).

308

Violating a condition of a furlough.

309

Violating a condition of a community program.

310

Unexcused absence from work or any program assignment.

311

Failing to perform work as instructed by the supervisor.

312

Insolence towards a staff member.

313

Lying or providing a false statement to a staff member.

314

Counterfeiting, forging, or unauthorized reproduction of any document, article of identification, money, security, or official paper (may be categorized in terms of greater severity according to the nature of the item being reproduced, e.g., counterfeiting release papers to effect escape, Code 102).

315

Participating in an unauthorized meeting or gathering.

316

Being in an unauthorized area without staff authorization.

317

Failure to follow safety or sanitation regulations (including safety regulations, chemical instructions, tools, MSDS sheets, OSHA standards).

318

Using any equipment or machinery without staff authorization.

319

Using any equipment or machinery contrary to instructions or posted safety standards.

320

Failing to stand count.

321

Interfering with the taking of count.

322

(Not to be used).

323

(Not to be used).

324

Gambling.

325

Preparing or conducting a gambling pool.

326

Possession of gambling paraphernalia.

327

Unauthorized contacts with the public.

328

Giving money or anything of value to, or accepting money or anything of value from, another inmate or any other person without staff authorization.

329

Destroying, altering, or damaging government property, or the property of another person, having a value of $100.00 or less.

330

Being unsanitary or untidy; failing to keep one's person or quarters in accordance with posted standards.

331

Possession, manufacture, introduction, or loss of a non-hazardous tool, equipment, supplies, or other non-hazardous contraband (tools not likely to be used in an escape or escape attempt, or to serve as a weapon capable of doing serious bodily harm to others, or not hazardous to institutional security or personal safety) (other non-hazardous contraband includes such items as food, cosmetics, cleaning supplies, smoking apparatus and tobacco in any form where prohibited, and unauthorized nutritional/dietary supplements).

332

Smoking where prohibited.

333

Fraudulent or deceptive completion of a skills test (e.g., cheating on a GED, or other educational or vocational skills test).

334

Conducting a business; conducting or directing an investment transaction without staff authorization.

335

Communicating gang affiliation; participating in gang related activities; possession of paraphernalia indicating gang affiliation.

336

Circulating a petition.

396

Use of the mail for abuses other than criminal activity which do not circumvent mail monitoring; or use of the mail to commit or further a Moderate category prohibited act.

397

Use of the telephone for abuses other than illegal activity which do not circumvent the ability of staff to monitor frequency of telephone use, content of the call, or the number called; or to commit or further a Moderate category prohibited act.

398

Interfering with a staff member in the performance of duties most like another Moderate severity prohibited act. This charge is to be used only when another charge of Moderate severity is not accurate. The offending conduct must be charged as “most like” one of the listed Moderate severity prohibited acts.

399

Conduct which disrupts or interferes with the security or orderly running of the institution or the Bureau of Prisons most like another Moderate severity prohibited act. This charge is to be used only when another charge of Moderate severity is not accurate. The offending conduct must be charged as “most like” one of the listed Moderate severity prohibited acts.

Available Sanctions for Moderate Severity Level Prohibited Acts

Recommend parole date rescission or retardation.

Forfeit and/or withhold earned statutory good time or non-vested good conduct time up to 25% or up to 30 days, whichever is less, and/or terminate or disallow extra good time (an extra good time or good conduct time sanction may not be suspended).

B.1

Disallow ordinarily up to 25% (1-14 days) of good conduct time credit available for year (a good conduct time sanction may not be suspended).

B.2

Forfeit up to 27 days of earned FSA Time Credits for each prohibited act committed.

Disciplinary segregation (up to 3 months).

Make monetary restitution.

Monetary fine.

Loss of privileges (e.g., visiting, telephone, commissary, movies, recreation).

Change housing (quarters).

Remove from program and/or group activity.

Loss of job.

Impound inmate's personal property.

Confiscate contraband.

Restrict to quarters.

Extra duty.

Low Severity Level Prohibited Acts

400

(Not to be used).

401

(Not to be used).

402

Malingering, feigning illness.

403

(Not to be used).

404

Using abusive or obscene language.

405

(Not to be used).

406

(Not to be used).

407

Conduct with a visitor in violation of Bureau regulations.

408

(Not to be used).

409

Unauthorized physical contact (e.g., kissing, embracing).

498

Interfering with a staff member in the performance of duties most like another Low severity prohibited act. This charge is to be used only when another charge of Low severity is not accurate. The offending conduct must be charged as “most like” one of the listed Low severity prohibited acts.

499

Conduct which disrupts or interferes with the security or orderly running of the institution or the Bureau of Prisons most like another Low severity prohibited act. This charge is to be used only when another charge of Low severity is not accurate. The offending conduct must be charged as “most like” one of the listed Low severity prohibited acts.

Available Sanctions for Low Severity Level Prohibited Acts

B.1

Disallow ordinarily up to 12.5% (1-7 days) of good conduct time credit available for year (to be used only where inmate found to have committed a second violation of the same prohibited act within 6 months); Disallow ordinarily up to 25% (1-14 days) of good conduct time credit available for year (to be used only where inmate found to have committed a third violation of the same prohibited act within 6 months) (a good conduct time sanction may not be suspended).

B.2

Forfeit up to 7 days of earned FSA Time Credits (only where the inmate is found to have committed a second violation of the same prohibited act within 6 months; forfeit up to 14 days of FSA Time Credits (only where the inmate is found to have committed a third violation of the same prohibited act within 6 months).

Make monetary restitution.

Monetary fine.

Loss of privileges (e.g., visiting, telephone, commissary, movies, recreation).

Change housing (quarters).

Remove from program and/or group activity.

Loss of job.

Impound inmate's personal property.

Confiscate contraband.

Restrict to quarters.

Extra duty.

Table 2—Additional Available Sanctions for Repeated Prohibited Acts Within the Same Severity Level

Prohibited act severity level	Time period for prior offense (same code)	Frequency of repeated offense	Additional available sanctions	Low Severity (400 level)	6 months	2nd offense	1. Disciplinary segregation (up to 1 month).				2. Forfeit earned SGT or non-vested GCT up to 10% or up to 15 days, whichever is less, and/or terminate or disallow extra good time (EGT) (an EGT sanction may not be suspended).			3rd or more offense	Any available Moderate severity level sanction (300 series).	Moderate Severity (300 level)	12 months	2nd offense	1. Disciplinary segregation (up to 6 months).				2. Forfeit earned SGT or non-vested GCT up to 37 1/2% or up to 45 days, whichever is less, and/or terminate or disallow EGT (an EGT sanction may not be suspended).			3rd or more offense.	Any available High severity level sanction (200 series).	High Severity (200 level)	18 months	2nd offense	1. Disciplinary segregation (up to 12 months).				2. Forfeit earned SGT or non-vested GCT up to 75% or up to 90 days, whichever is less, and/or terminate or disallow EGT (an EGT sanction may not be suspended).			3rd or more offense	Any available Greatest severity level sanction (100 series).	Greatest Severity (100 level)	24 months	2nd or more offense	Disciplinary Segregation (up to 18 months).

[75 FR 76267, Dec. 8, 2010; 75 FR 81854, Dec. 29, 2010, as amended at 85 FR 66229, Oct. 19, 2020; 87 FR 2719, Jan. 19, 2022]