DOC 303.03(4) (4) The hearing officer may not find an offense a lesser included offense of another unless it is so listed in the following table:

- See PDF for table

DOC 303.03(5) (5) All offenses which are lesser included offenses of a substantive offense are listed in Table DOC 303.03.

DOC 303.03(6) (6) Aiding and abetting, attempt, and conspiracy are lesser included offenses of any offense.

DOC 303.03 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

DOC 303.04 DOC 303.04 Conspiracy.

DOC 303.04(1) (1) If 2 or more inmates or others plan or agree to commit one or more acts which are prohibited under this chapter, all inmates may be guilty of an offense.

DOC 303.04(2) (2) An inmate who plans or agrees with individuals to commit one or more acts which are forbidden under this chapter is guilty of an offense.

DOC 303.04(3) (3) The penalty for conspiracy may be the same as the penalty for the most serious of the planned offenses. See Table DOC 303.72.

DOC 303.04(4) (4) The number used for conspiracy, in recordkeeping and conduct reports, shall be the number of the offense plus the suffix C.

DOC 303.04 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

DOC 303.05 DOC 303.05 Attempt.

DOC 303.05(1) (1) An inmate is guilty of attempt to violate a rule if either of the following is true:

DOC 303.05(1)(a) (a) The inmate planned to commit one or more acts which would have been a rule violation if actually committed.

DOC 303.05(1)(b) (b) The inmate committed one or more acts which showed a plan to violate the rule when the act or acts occurred.

DOC 303.05(2) (2) The number used for attempt, in recordkeeping and conduct reports, shall be the offense’s number plus the suffix A.

DOC 303.05(3) (3) The penalty for an attempt may be the same as for the completed offense. See Table DOC 303.72.

DOC 303.05 History History: CR 11-022: cr. Register September 2014 No. 705, eff. 1-1-15.

DOC 303.06 DOC 303.06 Aiding and abetting.

DOC 303.06(1) (1) An inmate who does any of the following is guilty of aiding and abetting a rule violation:

DOC 303.06(1)(a) (a) Directs, requests, or hires another to commit a rule violation.

DOC 303.06(1)(b) (b) Assists another in planning or preparing for a rule violation.

DOC 303.06(1)(c) (c) Assists another during commission of an offense, whether or not the assistance was planned in advance.

DOC 303.06(1)(d) (d) Assists another to prevent discovery of a violation or the identity of the person who committed it.

DOC 303.06(1)(e) (e) Has knowledge of a major violation under this chapter that may also violate a criminal law and fails to report the information to an employee.

DOC 303.06(2) (2) The reporting employee may charge and the disciplinary committee may find an inmate guilty of aiding and abetting even if no one is charged or found guilty of committing the offense. The principal should, if possible, be identified when the inmate is charged.

DOC 303.06(3) (3) The disciplinary committee may impose the same penalty for aiding and abetting as for the substantive offense. See Table DOC 303.72.

DOC 303.06(4) (4) The penalty for aiding and abetting shall be based on an appropriate assessment of the facts and the individual’s involvement and need not be the same for all participants.

DOC 303.06(5) (5) The number used for aiding and abetting, in recordkeeping and conduct reports, shall be the offense’s number plus the suffix B.