Regulations last checked for updates: Nov 22, 2024

Title 28 - Judicial Administration last revised: May 20, 2024
§ 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
100Killing.
101Assaulting 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).
102Escape 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.
103Setting 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).
104Possession, manufacture, or introduction of a gun, firearm, weapon, sharpened instrument, knife, dangerous chemical, explosive, ammunition, or any instrument used as a weapon.
105Rioting.
106Encouraging others to riot.
107Taking hostage(s).
108Possession, 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).
110Refusing to provide a urine sample; refusing to breathe into a Breathalyzer; refusing to take part in other drug-abuse testing.
111Introduction or making of any narcotics, marijuana, drugs, alcohol, intoxicants, or related paraphernalia, not prescribed for the individual by the medical staff.
112Use of any narcotics, marijuana, drugs, alcohol, intoxicants, or related paraphernalia, not prescribed for the individual by the medical staff.
113Possession of any narcotics, marijuana, drugs, alcohol, intoxicants, or related paraphernalia, not prescribed for the individual by the medical staff.
114Sexual assault of any person, involving non-consensual touching by force or threat of force.
115Destroying and/or disposing of any item during a search or attempt to search.
196Use of the mail for an illegal purpose or to commit or further a Greatest category prohibited act.
197Use of the telephone for an illegal purpose or to commit or further a Greatest category prohibited act.
198Interfering 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.
199Conduct 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
A.Recommend parole date rescission or retardation.
B.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.2Forfeit up to 41 days of earned First Step Act (FSA) Time Credits (see 28 CFR part 523, subpart E) for each prohibited act committed.
C.Disciplinary segregation (up to 12 months).
D.Make monetary restitution.
E.Monetary fine.
F.Loss of privileges (e.g., visiting, telephone, commissary, movies, recreation).
G.Change housing (quarters).
H.Remove from program and/or group activity.
I.Loss of job.
J.Impound inmate's personal property.
K.Confiscate contraband.
L.Restrict to quarters.
M.Extra duty.
High Severity Level Prohibited Acts
200Escape 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.
201Fighting with another person.
202(Not to be used).
203Threatening another with bodily harm or any other offense.
204Extortion; 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.
205Engaging in sexual acts.
206Making sexual proposals or threats to another.
207Wearing a disguise or a mask.
208Possession 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.
209Adulteration of any food or drink.
210(Not to be used).
211Possessing any officer's or staff clothing.
212Engaging in or encouraging a group demonstration.
213Encouraging others to refuse to work, or to participate in a work stoppage.
214(Not to be used).
215(Not to be used).
216Giving or offering an official or staff member a bribe, or anything of value.
217Giving money to, or receiving money from, any person for the purpose of introducing contraband or any other illegal or prohibited purpose.
218Destroying, 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.
219Stealing; 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).
220Demonstrating, 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).
221Being in an unauthorized area with a person of the opposite sex without staff permission.
222(Not to be used).
223(Not to be used).
224Assaulting any person (a charge at this level is used when less serious physical injury or contact has been attempted or accomplished by an inmate).
225Stalking another person through repeated behavior which harasses, alarms, or annoys the person, after having been previously warned to stop such conduct.
226Possession of stolen property.
227Refusing to participate in a required physical test or examination unrelated to testing for drug abuse (e.g., DNA, HIV, tuberculosis).
228Tattooing or self-mutilation.
229Sexual assault of any person, involving non-consensual touching without force or threat of force.
231Requesting, 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.
296Use 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).
297Use 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.
298Interfering 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.
299Conduct 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
A.Recommend parole date rescission or retardation.
B.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.1Disallow 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.2Forfeit up to 27 days of earned FSA Time Credits for each prohibited act committed.
C.Disciplinary segregation (up to 6 months).
D.Make monetary restitution.
E.Monetary fine.
F.Loss of privileges (e.g., visiting, telephone, commissary, movies, recreation).
G.Change housing (quarters).
H.Remove from program and/or group activity.
I.Loss of job.
J.Impound inmate's personal property.
K.Confiscate contraband.
L.Restrict to quarters.
M.Extra duty.
Moderate Severity Level Prohibited Acts
300Indecent Exposure.
301(Not to be used).
302Misuse of authorized medication.
303Possession of money or currency, unless specifically authorized, or in excess of the amount authorized.
304Loaning of property or anything of value for profit or increased return.
305Possession of anything not authorized for retention or receipt by the inmate, and not issued to him through regular channels.
306Refusing to work or to accept a program assignment.
307Refusing 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).
308Violating a condition of a furlough.
309Violating a condition of a community program.
310Unexcused absence from work or any program assignment.
311Failing to perform work as instructed by the supervisor.
312Insolence towards a staff member.
313Lying or providing a false statement to a staff member.
314Counterfeiting, 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).
315Participating in an unauthorized meeting or gathering.
316Being in an unauthorized area without staff authorization.
317Failure to follow safety or sanitation regulations (including safety regulations, chemical instructions, tools, MSDS sheets, OSHA standards).
318Using any equipment or machinery without staff authorization.
319Using any equipment or machinery contrary to instructions or posted safety standards.
320Failing to stand count.
321Interfering with the taking of count.
322(Not to be used).
323(Not to be used).
324Gambling.
325Preparing or conducting a gambling pool.
326Possession of gambling paraphernalia.
327Unauthorized contacts with the public.
328Giving money or anything of value to, or accepting money or anything of value from, another inmate or any other person without staff authorization.
329Destroying, altering, or damaging government property, or the property of another person, having a value of $100.00 or less.
330Being unsanitary or untidy; failing to keep one's person or quarters in accordance with posted standards.
331Possession, 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).
332Smoking where prohibited.
333Fraudulent or deceptive completion of a skills test (e.g., cheating on a GED, or other educational or vocational skills test).
334Conducting a business; conducting or directing an investment transaction without staff authorization.
335Communicating gang affiliation; participating in gang related activities; possession of paraphernalia indicating gang affiliation.
336Circulating a petition.
396Use 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.
397Use 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.
398Interfering 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.
399Conduct 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
A.Recommend parole date rescission or retardation.
B.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.1Disallow 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.2Forfeit up to 27 days of earned FSA Time Credits for each prohibited act committed.
C.Disciplinary segregation (up to 3 months).
D.Make monetary restitution.
E.Monetary fine.
F.Loss of privileges (e.g., visiting, telephone, commissary, movies, recreation).
G.Change housing (quarters).
H.Remove from program and/or group activity.
I.Loss of job.
J.Impound inmate's personal property.
K.Confiscate contraband.
L.Restrict to quarters.
M.Extra duty.
Low Severity Level Prohibited Acts
400(Not to be used).
401(Not to be used).
402Malingering, feigning illness.
403(Not to be used).
404Using abusive or obscene language.
405(Not to be used).
406(Not to be used).
407Conduct with a visitor in violation of Bureau regulations.
408(Not to be used).
409Unauthorized physical contact (e.g., kissing, embracing).
498Interfering 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.
499Conduct 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.1Disallow 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.2Forfeit 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).
D.Make monetary restitution.
E.Monetary fine.
F.Loss of privileges (e.g., visiting, telephone, commissary, movies, recreation).
G.Change housing (quarters).
H.Remove from program and/or group activity.
I.Loss of job.
J.Impound inmate's personal property.
K.Confiscate contraband.
L.Restrict to quarters.
M.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 months2nd offense1. 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 offenseAny available Moderate severity level sanction (300 series).
Moderate Severity (300 level)12 months2nd offense1. 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 months2nd offense1. 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 offenseAny available Greatest severity level sanction (100 series).
Greatest Severity (100 level)24 months2nd or more offenseDisciplinary 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]