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.
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