Section 28-504. CLASS III OFFENSES

 

504.1The offenses set forth in this section shall be classified as minor offenses.

 

504.2The Class III offense of unauthorized use of property of another shall be defined as the taking, exercising control over, or otherwise using the property of any person without the consent of the owner or other person authorized to give consent.

 

504.3The Class III offense of out-of-place or absent at count shall be defined as doing any of the following without proper authority:

 

(a)Failing to report as prescribed to an appointed place of duty or assignment or any other place to which the resident has been directed to proceed by the valid order of a Department employee or institutional regulations;

 

(b)Leaving an appointed place of duty or assignment or any other place where the resident has been directed to remain by the valid order of a correctional officer or institutional regulations; or

 

(c)Being in an unauthorized area.

 

504.4The Class III offense of abuse of privileges shall include the following:

 

(a)Willfully violating the provisions of any institutional regulation dealing with a privilege. For purposes of this subsection, a "privilege" shall be defined as any benefit conferred upon the inmate populace by institutional regulations; or

 

(b)Taking excess food from the serving line in the dining hall or abusing dining privileges.

 

504.5The Class III offense of creating a health, safety, or fire hazard shall be defined as activities that create a fire hazard or other situation which poses danger to the safety or health of the resident or others.

 

504.6The Class III offense of abuse of living quarters shall include the following:

 

(a)Failing to make the resident's own bed neatly each day or failing to keep the resident's own living quarters clean and orderly; or

 

(b)Failing to keep articles issued by the institution or purchased from the canteen in lockers, drawers, or other approved places.

 

504.7The Class III offense of disorderly appearance and clothing shall include the following:

 

(a)Failing to keep the resident's own clothing and person reasonably clean and orderly; or

 

(b)Willfully damaging any article of clothing or other property issued to the resident.

 

504.8The Class III offense of willful disobedience of a general order shall include the following:

 

(a)Engaging in loud or boisterous talk, laughter, whistling, or other vocal expression if that activity is or may tend to be disruptive of order or a disturbance or annoyance to others;

 

(b)Willfully failing to proceed from place to place within the institution in a prompt and orderly way; or

 

(c)Approaching or speaking to any visitor other than counsel or substitute counsel, unless first authorized to do so by a custodial officer.

 

504.9The Class III offense of disrespect shall include the following:

 

(a)Making any profane, obscene, or abusive remark to any employee of the Department of Corrections, or other custodial official; or

 

(b)Making a profane, obscene, or abusive remark about an employee or official of the Department of Corrections in the presence of that employee or official.

 

source

Final Rulemaking published at 28 DCR 865, 875-76 (February 27, 1981).