Every rule a person in federal prison can be punished for breaking is written down in one place: a numbered list of prohibited acts sorted into four severity levels, published at 28 C.F.R. § 541.3 and reproduced in the Bureau of Prisons’ Program Statement 5270.09, Inmate Discipline Program. The severity level of the code you are charged with — 100, 200, 300 or 400 series — determines who decides your case, how much time can be taken from you, and how long you can be held in disciplinary segregation.
| Governing regulation | 28 C.F.R. part 541, subpart A (§§ 541.1–541.8) |
|---|---|
| Bureau policy implementing it | PS 5270.09, Inmate Discipline Program, dated 8 July 2011; Change Notice CN-1 dated 18 November 2020 |
| Severity levels | Four — Greatest (100 series), High (200 series), Moderate (300 series), Low (400 series) |
| Charging document | Form BP-A0288, Incident Report |
| Who can take good conduct time | The Discipline Hearing Officer only — never the Unit Discipline Committee |
| Maximum disciplinary segregation | 12 months (Greatest) · 6 months (High) · 3 months (Moderate) · none listed (Low) |
| Appeal route | Administrative Remedy Program, 28 C.F.R. part 542, subpart B |
Verified against the eCFR text current as of 6 August 2026 and against the Program Statement PDF as posted by the Bureau. A Program Statement is the Bureau’s own internal instruction — agency policy, not law. Where the two differ, the regulation controls, and on one significant point they now do differ. See “Where the Program Statement is behind the regulation,” below.
The four severity levels, and why the number matters more than the words
Federal prison discipline runs on a numbered code. Staff do not charge “fighting” — they charge Code 201. They do not charge “having a phone” — they charge Code 108. The number is not a filing convenience. It is the single fact that sets the ceiling on everything that follows.
The regulation divides prohibited acts into “four separate categories based on severity: Greatest; High; Moderate; and Low,” and the available sanctions are keyed to those categories rather than to individual codes. Two consequences follow immediately, and both matter more than most people realize.
First, severity level decides who hears your case. A Greatest- or High-severity charge — anything in the 100 or 200 series — must be referred to the Discipline Hearing Officer. The Unit Discipline Committee has no power to resolve it. Moderate and Low charges can be handled by the UDC at the unit, and can be informally resolved and removed from your record entirely. That difference is the whole ballgame, because only the DHO can take good conduct time, order disciplinary segregation, or impose a monetary fine.
Second, severity level decides what can be taken. The regulation sets a different sanctions menu for each level. At the Greatest level the Bureau can forfeit up to 100% of earned statutory good time and disallow between 27 and 41 days of the good conduct time available for the year. At the Low level the good-time sanction is not even available unless you have committed the same act twice within six months.
There is one more rule that quietly widens the whole table: under § 541.3(a), “[a]iding, attempting, abetting, or making plans to commit any of the prohibited acts is treated the same as committing the act itself.” The Bureau records these with the letter A appended to the code — planning an escape is charged as Code 102A. An attempt carries the same severity level, and therefore the same sanctions, as the completed act.
On this page
The complete list of prohibited acts
What follows is Table 1 of PS 5270.09, reproduced from the Program Statement at pp. 45–55 and cross-checked against the current regulatory text at 28 C.F.R. § 541.3. Codes marked “(Not to be used)” appear that way in the Bureau’s own table — they are retired numbers the Bureau has not reassigned, and their presence in the published list is deliberate.
Greatest severity level — the 100 series
Every 100-series charge goes to the DHO. The UDC cannot resolve one and cannot informally resolve one.
| Code | Prohibited act |
|---|---|
| 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., hacksaw 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. |
High severity level — the 200 series
High-severity charges also go automatically to the DHO.
| Code | Prohibited act |
|---|---|
| 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. |
| 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. |
There is no Code 230, and that gap is recent history rather than an oversight. Code 231 was added to the table by a rule published at 85 FR 66226 (19 October 2020) and effective 18 November 2020 — the same change the Bureau issued as Change Notice CN-1 to PS 5270.09. It criminalizes pressuring another incarcerated person to show his own court paperwork, a practice used to identify people whose cases make them targets.
Moderate severity level — the 300 series
Moderate charges may be resolved by the UDC or referred to the DHO. They may also be informally resolved and removed from your record.
| Code | Prohibited act |
|---|---|
| 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). |
| 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). |
| 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. |
| 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. |
One Moderate code carries a special routing rule that catches people out. Under PS 5270.09 at p. 11, “[a] prohibited act charge for 331 involving tobacco or nutritional supplements must be referred to the DHO for final disposition.” A 300-series charge that would normally stay at the unit goes to the hearing officer if the contraband was tobacco or supplements.
Low severity level — the 400 series
| Code | Prohibited act |
|---|---|
| 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. |
| 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. |
The Low series is short — six live codes and six retired ones — which tells you something about how the system actually works. Almost everything staff might want to write up has a Moderate or higher home. Code 404, abusive or obscene language, is the Low-severity counterpart to Code 312, insolence toward a staff member, and the line between them is drawn by the charging officer.
What each severity level lets the Bureau take
The sanctions menu is set by severity level, not by code. This table condenses the “Available Sanctions” half of Table 1 (PS 5270.09 at pp. 46–47, 50, 53–55) and the current regulation.
| Greatest (100) | High (200) | Moderate (300) | Low (400) | |
|---|---|---|---|---|
| Must go to the DHO? | Yes, always | Yes, always | No — UDC may resolve | No — UDC may resolve |
| Can be informally resolved and expunged? | No | No | Yes | Yes |
| Disciplinary segregation | Up to 12 months | Up to 6 months | Up to 3 months | Not listed |
| Forfeit earned statutory good time / non-vested good conduct time | Up to 100% | Up to 50% or 60 days, whichever is less | Up to 25% or 30 days, whichever is less | Not listed |
| Disallow good conduct time available for the year (sanction B.1) | 50–75% (27–41 days) | 25–50% (14–27 days) | Up to 25% (1–14 days) | Up to 12.5% (1–7 days) on a second same-code violation within 6 months; up to 25% (1–14 days) on a third |
| Forfeit earned First Step Act Time Credits (sanction B.2) | Up to 41 days per act | Up to 27 days per act | Up to 27 days per act | Up to 7 days (second violation) or 14 days (third) |
| Monetary fine or restitution | Yes | Yes | Yes | Yes |
| Loss of privileges, housing change, program removal, loss of job, property impoundment, contraband confiscation, restriction to quarters, extra duty | Yes | Yes | Yes | Yes |
Two rules govern the whole table and are easy to miss. A good conduct time sanction, and an extra-good-time sanction, may never be suspended — the regulation says so in the parenthetical after sanctions B and B.1. And under PS 5270.09 at p. 11, suspensions of any other sanction “cannot exceed six months,” and a suspended sanction can only be revoked and executed if you are found to have committed a later prohibited act.
Separately, 28 C.F.R. § 541.4 makes loss of good conduct sentence credit mandatory, not discretionary, for three groups: people whose federal offense was committed on or after 26 April 1996 (the Prison Litigation Reform Act group), D.C. Code offenders whose offense was on or after 5 August 2000, and people who committed a “crime of violence” between 13 September 1994 and 26 April 1996 under the Violent Crime Control and Law Enforcement Act. For those groups the regulation sets floors: at least 41 days for a Greatest-severity act, at least 27 days for High, at least 14 days after two or more Moderate acts in the same year, and at least 7 days after three or more Low acts in the same year.
Because the number of days actually at stake depends on your offense date, your sentence length, and how much credit is available in the anniversary year, no one — including us — can tell you from a code number what a finding would do to a release date. Anyone who offers you that arithmetic without your sentence computation in front of them is guessing.
Repeat offenses within the same severity level
Table 2 of PS 5270.09 (at p. 56) adds a second, separate escalation. It applies when you commit the same code again inside a defined window, and it is measured from the earlier offense, not from the date of the hearing.
| Severity level | Look-back window for the prior offense (same code) | 2nd offense | 3rd or more offense |
|---|---|---|---|
| Low (400 level) | 6 months | Disciplinary segregation up to 1 month; forfeit earned statutory good time or non-vested good conduct time up to 10% or up to 15 days, whichever is less | Any available Moderate severity level sanction (300 series) |
| Moderate (300 level) | 12 months | Disciplinary segregation up to 6 months; forfeit up to 37½% or up to 45 days, whichever is less | Any available High severity level sanction (200 series) |
| High (200 level) | 18 months | Disciplinary segregation up to 12 months; forfeit up to 75% or up to 90 days, whichever is less | Any available Greatest severity level sanction (100 series) |
| Greatest (100 level) | 24 months | Disciplinary segregation up to 18 months | — |
Read the second column carefully. A second Low-severity violation of the same code within six months exposes you to a month in segregation — a sanction the Low table does not otherwise offer at all. A third Moderate violation of the same code within a year opens the entire High-severity menu. This is the mechanism by which a run of minor write-ups becomes a serious problem, and it is also why an early, unglamorous informal resolution of a 300- or 400-series report is worth far more than it looks at the time.
Who decides: the Unit Discipline Committee and the Discipline Hearing Officer
Two bodies exist, and they have very different powers.
The Unit Discipline Committee is unit staff — ordinarily two or more people, though PS 5270.09 at p. 24 permits a single-member UDC “when other members are not reasonably available,” and only one staff member is required when the report must be referred to the DHO anyway. Under § 541.7 the UDC “will ordinarily review the incident report within five work days after it is issued, not counting the day it was issued, weekends, and holidays.” You are permitted to appear, to make a statement, and to present documentary evidence. The UDC can find that you committed the act, find that you did not, or refer the report onward.
Critically, the UDC “can impose any of the available sanctions in Tables 1 and 2 of § 541.3, except loss of good conduct time credit, FSA Time Credits, disciplinary segregation, or monetary fines.” If a unit officer tells you the committee is taking your good time, the committee is exceeding its authority under the regulation.
The Discipline Hearing Officer is a single, certified, independent decision-maker who hears only cases the UDC refers. Under § 541.8 the DHO must be someone who “was not a victim, witness, investigator, or otherwise significantly involved in the incident.” You get written notice of the charges at least 24 hours before the hearing, a staff representative if you ask for one, the right to make a statement and present documentary evidence, and the right to request witnesses. The DHO can impose anything in Tables 1 and 2, and PS 5270.09 at p. 28 records that “[o]nly the DHO has authority to impose or suspend sanctions A through E” — the parole, good-time, segregation, restitution and fine sanctions. Because those are the sanctions that cost time, the hearing is where a defense has to be made rather than saved for appeal; how to defend against Bureau of Prisons disciplinary proceedings works through it step by step.
The evidentiary standard at both levels is the same and it is low. The decision “will be based on at least some facts and, if there is conflicting evidence, on the greater weight of the evidence.” The Program Statement glosses “some facts” as “facts indicating the inmate committed the prohibited act,” and “greater weight of the evidence” as going to “the strength of the evidence, not to its quantity or to the number of witnesses testifying.”
Applied Insight — Christopher Zoukis, JD, MBA, Managing Director: The first thing we look at on any disciplinary file is not whether the person did it. It is whether the code charged actually matches the conduct described in Section 11 of the incident report. The Bureau’s own table tells staff that the “most like” codes — 198/199, 298/299, 398/399, 498/499 — are “to be used only when another charge of [that] severity is not accurate,” and that the hearing officer “must specify the severity level of the conduct that is most comparable” to a listed act. A 299 written without that comparison, or a 218 for property worth well under $100 when 329 is the correct code, is a defect worth putting in front of a reviewing official.
The clock: what has to happen by when
The Bureau’s own summary of the discipline system, at Appendix B of PS 5270.09 (p. 39), reduces the timeline to four steps. The regulation supplies the numbers.
| Step | Deadline | Source |
|---|---|---|
| Staff become aware of your alleged involvement | — | § 541.5(a) |
| You receive the incident report | Ordinarily within 24 hours of staff becoming aware | § 541.5(a) |
| Investigating Officer appointed | Ordinarily within 24 hours of the incident report | PS 5270.09 at p. 19 |
| Investigation finished | Ordinarily within 24 hours after the appointment | PS 5270.09 at p. 19 |
| UDC review | Ordinarily within 5 work days after the report is issued, excluding the day of issue, weekends and holidays; any extension needs the Warden’s approval | § 541.7(c) |
| Written notice of a DHO hearing | At least 24 hours before the hearing, unless you waive it | § 541.8(c) |
| Written DHO report delivered to you | Ordinarily within 15 work days of the decision | PS 5270.09 at p. 35 |
| Appeal filed | 20 calendar days — DHO appeals go directly to the Regional Director | § 542.14, § 542.15 |
Two of these clocks stop. If the incident is referred for criminal prosecution, the investigation is suspended, staff may not question you until the investigating agency releases the report, and PS 5270.09 at p. 20 states that the five-day UDC clock “starts when the incident report is released for administrative processing.” Staff may also suspend proceedings for up to two calendar weeks while attempting informal resolution, and if that fails, “the time requirements then restart at the point at which they were suspended.”
The word doing the most work in this table is ordinarily. These are the Bureau’s own targets, not jurisdictional deadlines, and a missed one does not void a disciplinary finding by itself. It is evidence of non-compliance to raise on appeal, alongside the substance.
Where the Program Statement is behind the regulation
This is the part no summary of federal prison discipline currently gets right, and it matters to anyone earning First Step Act Time Credits.
PS 5270.09 is dated 8 July 2011. Its only change notice, CN-1, is dated 18 November 2020 and did one thing: it added Code 231. The Program Statement’s sanctions tables have not otherwise been reissued in fifteen years.
The regulation has moved. On 19 January 2022 the Bureau’s First Step Act Time Credits final rule (87 FR 2719) amended 28 C.F.R. § 541.3 to add a new sanction B.2 at every severity level: forfeiture of earned First Step Act Time Credits. The current regulatory table authorizes forfeiture of up to 41 days of earned FSA Time Credits per act at the Greatest level, up to 27 days per act at High and at Moderate, and up to 7 or 14 days at Low depending on whether it is a second or third same-code violation within six months. The same amendment added FSA Time Credits to the list of sanctions § 541.7(f) forbids the UDC from imposing.
None of that appears in the PDF of PS 5270.09 the Bureau still posts. If you are reading the Program Statement and only the Program Statement, you will not know that a disciplinary finding can cost FSA credits as well as good conduct time.
The companion rule is at 28 C.F.R. § 523.43, which confirms that “[t]he procedures for loss of FSA Time Credits are described in 28 CFR part 541,” and adds the one genuinely hopeful provision in this whole area: someone who has lost FSA Time Credits “may have part or all of the FSA Time Credits restored to him or her, on a case-by-case basis, after clear conduct (behavior clear of inmate disciplinary infractions under 28 CFR part 541) for two consecutive risk and needs assessments conducted by the Bureau.” Restoration is discretionary and case-by-case — the regulation says “may” — but the pathway exists, and it runs through clear conduct across two assessment cycles.
The supersession history behind the current documents is short. PS 5270.09 rescinded PS 5270.08, Inmate Discipline and Special Housing Units (4 December 2009), and split the special-housing material into a separate Program Statement. That special-housing policy has since been reissued twice; the current edition is PS 5270.12, Special Housing Units, dated 5 March 2024 with Change Notice CN-1 dated 6 March 2025.
Our page on BOP Program Statement 5270.09 tracks the document itself, and the special housing units policy explainer covers the SHU rules that attach after a segregation sanction.
What the Bureau’s own rules forbid staff from doing
PS 5270.09 opens with five principles that apply “to every disciplinary action” (at p. 4). Three of them are worth knowing by heart, because they are the Bureau telling its own staff what they may not do.
- “Disciplinary action may not be capricious or retaliatory.” The regulation says the same thing at § 541.1: “Sanctions will not be imposed in a capricious or retaliatory manner.” A write-up that follows immediately on a grievance, a complaint about a staff member, or a request for medical care is worth documenting precisely, in writing, at the time.
- “Staff may not impose or allow corporal punishment of any kind.”
- “Staff control inmate behavior in an impartial and consistent manner.”
Two more structural protections sit inside the process itself. Under § 541.6, if it appears you are mentally ill at any stage, you must be examined by mental health staff; proceedings may be postponed until you are competent to participate; and you “will not be disciplined for conduct committed when, as the result of a severe mental disease or defect, you were unable to appreciate the nature and quality, or wrongfulness of the act.” And under PS 5270.09 at p. 36, “[t]he investigator, UDC members, DHO, reporting officer, or staff representative may not investigate or help prepare the response to administrative appeals from UDC or DHO actions” — the people who decided your case are not permitted to write the answer to your appeal of it.
Finally, the regulation caps what a reviewing official can do on appeal. The Warden, Regional Director or General Counsel “may approve, modify, reverse, or send back with directions, including ordering a rehearing, any action of the UDC or DHO, but may not increase a valid sanction.” Appealing a disciplinary finding does not expose you to a worse one.
Where people get into trouble with the code table
Charging up. Several codes carry express instructions permitting a more serious charge for the same conduct. Code 307, refusing to obey an order, “may be categorized and charged in terms of greater severity, according to the nature of the order being disobeyed” — refusing an order during a fight becomes Code 201; refusing to give a urine sample becomes Code 110, a Greatest-severity act. Understanding this is the difference between a unit-level problem and a hearing that can cost good time.
Separate acts from one incident. PS 5270.09 at p. 18 tells staff that “[a]cts are different or separate if they have different elements (time, place, persons involved, actions),” and gives the example of a person charged with both fighting (201) and assaulting the staff member who broke it up (224 or 101). One event can lawfully generate several charges, and mandatory good-time loss under § 541.4 is calculated “for each act committed.”
The electronics problem. Code 108 sweeps in “portable telephone, pager, or other electronic device” as a hazardous tool — a Greatest-severity act carrying up to twelve months of segregation. That is the single most consequential classification decision in the table for most people, and it is why the rules about contraband and shakedowns matter far more than they appear to.
Electronic messaging. The Program Statement (at p. 18) directs that “[c]odes 199, 299, and 399, most like 196, 296, and 396, respectively, may be appropriate for inmates using electronic messaging (e.g., TRULINCS) in violation of policy,” with loss of messaging privileges as the suggested sanction. Email misuse is charged through the mail-abuse codes, not through a code of its own. Our page on CorrLinks and TRULINCS covers what the messaging rules actually require.
Urinalysis. A positive urine test can be contested, but only on narrow grounds. PS 5270.09 at p. 20 requires the investigator to check with Health Services whether prescribed medication contains the compound found, and to confirm authorization for combinations of medications. But the Program Statement is blunt that “[w]hile an inmate can challenge the results of a urine test, and this may be considered by the DHO, the validity of the testing process is not at issue.” See our explainer on drug testing and urine surveillance.
Frequently Asked Questions About Rules and Discipline
What are the four severity levels of BOP disciplinary codes?
Federal prison prohibited acts are divided into four severity levels: Greatest (the 100 series), High (200 series), Moderate (300 series) and Low (400 series). 28 C.F.R. § 541.3 sets out the list and the sanctions available at each level. Greatest and High charges must be referred to a Discipline Hearing Officer and cannot be informally resolved. Moderate and Low charges can be handled by the Unit Discipline Committee at the housing unit, and can be informally resolved and removed from the record.
What is a 100-series shot in federal prison?
A “shot” is prison shorthand for an incident report. A 100-series shot is a Greatest-severity charge — the most serious category in the Bureau’s table, covering killing, serious assault, escape, weapons, riot, hostage-taking, hazardous tools including cell phones, refusing a drug test, and the introduction, use or possession of drugs or alcohol. Every 100-series charge goes to the Discipline Hearing Officer. Sanctions can include up to 12 months of disciplinary segregation and forfeiture of up to 100% of earned statutory good time.
Can the Unit Discipline Committee take my good conduct time?
No. 28 C.F.R. § 541.7(f) states that the UDC may impose any sanction in Tables 1 and 2 “except loss of good conduct time credit, FSA Time Credits, disciplinary segregation, or monetary fines.” Only the Discipline Hearing Officer can impose those four. If a UDC purports to take good time or FSA credits, that is a departure from the regulation and belongs in an administrative remedy appeal.
Can a disciplinary finding cost me First Step Act time credits?
Yes. The current regulation authorizes forfeiture of earned First Step Act Time Credits as sanction B.2 at every severity level — up to 41 days per act at Greatest severity, up to 27 days per act at High and Moderate, and up to 7 or 14 days at Low. This sanction was added to 28 C.F.R. § 541.3 by a rule effective 19 January 2022 and does not appear in the 2011 Program Statement. Under 28 C.F.R. § 523.43, forfeited credits may be restored on a case-by-case basis after clear conduct for two consecutive risk and needs assessments.
How long can I be held in disciplinary segregation?
The ceilings are set by severity level: up to 12 months for a Greatest-severity act, up to 6 months for High, and up to 3 months for Moderate. No disciplinary segregation sanction is listed for a first Low-severity act, though Table 2 permits up to one month for a second violation of the same Low-severity code within six months. Only the Discipline Hearing Officer can impose segregation. Once you are in a Special Housing Unit, 28 C.F.R. § 541.26 requires review of your status at a hearing within seven continuous calendar days, then every seven days, with a formal review you may attend after every 30 days.
What does “aiding and abetting” mean in a BOP incident report?
28 C.F.R. § 541.3(a) provides that “[a]iding, attempting, abetting, or making plans to commit any of the prohibited acts is treated the same as committing the act itself.” The Bureau records these by adding the letter A to the code — planning an escape is charged as Code 102A, attempting to adulterate food is Code 209A. The severity level and the available sanctions are identical to those for the completed act.
What is the difference between Code 218 and Code 329?
Both cover destroying, altering or damaging government property or another person’s property. The dividing line is value: Code 218 is a High-severity act and applies where the property is “having a value in excess of $100.00,” while Code 329 is a Moderate-severity act and applies where the value is “$100.00 or less.” Code 218 also captures damage to life-safety devices such as a fire alarm “regardless of financial value.” Because the two codes sit at different severity levels, the difference decides whether the case must go to the DHO and whether good conduct time is on the table.
Is a Program Statement the same thing as the law?
No. A Program Statement is the Bureau of Prisons’ own internal instruction to its staff — agency policy. The binding legal authority is the regulation at 28 C.F.R. part 541, issued through notice-and-comment rulemaking, and behind that the statute at 18 U.S.C. § 4042, which directs the Bureau to “provide for the protection, instruction, and discipline” of people in federal custody. Where a Program Statement and a regulation say different things, the regulation controls — which is exactly the situation with the FSA Time Credits sanction today.
Where do I appeal a disciplinary finding?
Through the Administrative Remedy Program at 28 C.F.R. part 542, subpart B. A DHO decision is appealed on a BP-10 directly to the Regional Director — § 542.14(d)(2) provides that “DHO appeals shall be submitted initially to the Regional Director for the region where the inmate is currently located,” skipping the institution level. A UDC decision starts with the Warden on a BP-9. From the Regional Director, the appeal goes on a BP-11 to the General Counsel within 30 calendar days, and “[a]ppeal to the General Counsel is the final administrative appeal.” Our pages on incident reports and prison grievances walk through both routes.
Reviewed for legal accuracy by Elizabeth Franklin-Best, Esq., Principal Attorney·September 2026