Code of Massachusetts Regulations
103 CMR - DEPARTMENT OF CORRECTION
Title 103 CMR 431.00 - Observation Of Behavior Reports
Section 431.11 - Code of Offenses
Universal Citation: 103 MA Code of Regs 103.431
Current through Register 1531, September 27, 2024
(1) Observation of Behavior offenses shall include the following acts:
A.Greatest Severity
A-1 Killing.
A-2 Rape.
A-3 Assaulting and causing physical injury to
another person.
A-4
Escape.
A-5 Starting a fire or
causing an explosion.
A-6
Possession of a weapon or ammunition.
A-7 Rioting or encouraging others to riot
(must be concrete and specific).
A-8 Taking hostages.
A-9 Committing any act deemed to be a violent
felony under the laws of the Commonwealth of Massachusetts or the federal
government.
A-10 Tampering with or
blocking any locking device.
A-11
Conduct which disrupts or interferes with the security or orderly running of
the institution when this poses a threat to life or a threat of serious bodily
harm or furthers a prohibited act of the Greatest Severity category.
B.High
Category
B-1 Assaulting another
person including spitting.
B-2
Introducing and/or possession of an unauthorized tool.
B-3 Introducing illegal or unauthorized
drugs, intoxicants or alcohol into the institution.
B-4 Demanding or receiving money or anything
of value in return for protection against others, to avoid bodily harm or under
threat of informing.
B-5 Committing
acts of indecent exposure, voyeurism or frottage against another
person.
B-6 Wearing a disguise for
the purpose of misrepresenting one's self.
B-7 Adulteration of any food or
drink.
B-8 Refusing to cooperate
with any drug or alcohol testing procedures.
B-09 Violating a major condition of the
Transition Program.
B-10 Giving or
offering an official or staff member a bribe.
B-11 Giving money, credit cards or valuables
to or receiving any of the above from any person for purposes of introducing
contraband or for any other illegal or prohibited purpose.
B-12 Destroying, altering or damaging
government property or the property of another person having a value in excess
of $100.00.
B-13 Manufacturing a
facsimile of a weapon.
B-14
Counterfeiting, forging or unauthorized reproduction of any document, article
of identification, money, security or official paper.
B-15 Committing any act deemed to be a
nonviolent felon under the laws of the Commonwealth of Massachusetts or the
federal government.
B-16 Conviction
of three of the same previous offenses within one year in the moderate category
shall result in the treatment of the fourth offense as a High Category
offense.
B-17 Conduct which
disrupts or interferes with the security or orderly running of the
institution.
C.Moderate Category
C-1 Fighting with another person.
C-2 Misuse of authorized
medication.
C-3 Possession of money
or currency or credit cards unless authorized.
C-4 Loaning of property or anything of value
for profit or increased return.
C-5
Violating a minor condition of the Transition Program.
C-6 Misrepresenting privilege level or
abusing the use of the confidentiality envelope.
C-7 Refusing a direct order.
C-8 Lying or providing a false statement to a
staff member regarding another person or making unfounded complaints or charges
against a staff member or the institution with malicious intent.
C-9 Interfering with count.
C-10 Making, possessing or using intoxicants,
alcohol, illegal drugs or drug paraphernalia.
C-11 Destroying, altering or damaging
government property or the property of another person having a value of $100.00
or less.
C-12 Threatening another
person with bodily harm including sexual assault.
C-13 Possessing unauthorized sexually
explicit or offensive-related printed material or objects
C-14 Tattooing.
C-15 Conducting an unauthorized
business.
C-16 Use of the mail or
telephone to threaten, frighten or intimidate another person.
C-17 Being in an area not authorized for
resident use.
C-18 Any act deemed
to be a misdemeanor under the laws of the Commonwealth of Massachusetts or the
federal government.
C-19 Conviction
of three of the same previous Low Category offenses in a one year period will
result in the fourth offense being treated as a Moderate Category
offense.
D.Low Category
D-1 Possession of anything not
authorized.
D-2 Use of obscene,
abusive or threatening language, actions or gestures to any resident, staff or
visitor.
D-3 Being in an
unauthorized location.
D-4
Intentional unexcused absence from institutional assignment.
D-5 Gambling.
D-6 Horse playing.
D-7 Failure to follow safety or sanitary
regulations including failure to maintain living quarters in a tidy and
sanitary manner.
D-8 Unauthorized
possession of property belonging to another person.
D-9 Smoking where prohibited.
D-10 Malingering or feigning an illness to
avoid an official assignment or order.
D-11 Unauthorized use of the mail or
telephone.
D-12 Conduct with a
visitor which violates institutional regulations.
(2) Aiding another person to commit any of the offenses set forth in 103 CMR 431.11(1), attempting to commit any of such offenses, or making concrete plans to commit any of such offenses shall be considered the same as a commission of the offense itself.
Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.