Inmate Classification & Case Management Procedures Manual

INFORMATION & LIBRARY SERVICES
NSW DEPARTMENT OF CORRECTIVE SERVICES

FOREWORD
The Department is connnitted to the management of all inmates through the case management
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system which provides a-comprehensive team based approach involving custodial, non-custodial
staff and inmates.
Case Management is an evolving process and we continue to revise and improve on its
implementation. The most important elements of this process include rigorous assessment,
individual case planning, a high level of staff and inmate interaction, regular reviews
underpinned by an awareness of security that is both dynamic and informed by a sound
classification system Classification is the means by which inmates are placed in appropriate
environments that balance the safety of the community with the needs of the inmate and the
resources ofthe Department.
This manual which is to be incorporated within the Operations Procedures Manual, outlines the
procedures to be followed by staff in all correctional centres for case managing inmates from
reception to release. This replaces any previous case management and classification procedures
and orders and compliments the Case Management Policy of the Department .
..... b ..... . . ~ . ~ ~ - .... -.... -... -
RGWOODHAM
Senior Assistant Commissioner
Inmate and Custodial Services
1octOber 2000
CMcCOMISH
Assistant Commissioner
Inmate Management
Z1J October 2000
NSW DEPARTMENT OF CORRECTIVE SERVICF<
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ACKNOWLEDGEMENT
There are few activities in corrections that are as important as the classification and case
management of inmates. Both concepts are broad and evolving and require constant
adjustment to be responsive to the demands of the correctional system and the outcomes of
research. This manual sets out in simple language, the Department's current requirements in
relation to classification and case management. It has been developed by staff of the hunate
Classification and Case Management Branch following extensive consultation with key
stakeholders. Given the rapid pace of change, it will require regular updating. Any
amendments will be incorporated into the Operations Procedures Manual and will also be
available via the Intranet. I would like to thank all of those who have contributed to the
development of this document, in particular Terry Halloran, Alexis Lander and Peter
Coleman.
Comments and constructive criticism ofthis document are welcome and should be forwarded
in writing to:
The Director, Inmate Classification and Programs
Newington House
Private Bag 144
Silverwater NSW 1811
Luke Grant
Director
hunate Classification and Programs
20 October 2000
INDEX
ABBREVIATIONS .. .................................................... 5
1 INTRODUCTION ............................................... 8
Legislation - Men ................................................... 9
Legislation - Women ............................................... 10
2 CLASSIFICATION DELEGATIONS ............................... 11
Operational Levels of Delegation ...................................... 11
3 CASE MANAGEMENT .......................................... 13
4 CASE MANAGEMENT PROCEDURES ............................ 16
5 CASE PLAN .................................................... 19
6 CASE MANAGEMENT TEAM (CMT) ............................... 22
7 CASE MANAGEMENT COMMITTEE .............................. 27
8 CORRECTIONAL CENTRES ...................................... 30
General Placement Guide ............................................ 30
Female Placement Guide ............................................ 32
9 RECEPTION, SCREENING AND INDUCTION PROCEDURES ......... 33
Court Based Identification and Observation ........................... 33
Steps in Screening in Court Cell Complexes .............................. 37
Reception ofInmates At Reception Centres .............................. 38
Reception Room Screening Procedures - Inmates Received From DCS Courts ... 42
Reception Room Screening Procedures - Inmates Received From Police ........ 43
Medical Screening Interviews ......................................... 44
Crisis Intervention/screening (MRRC & Mulawa Only) ..................... 46
Intake Profile Interview ............................................. 48
Full Assessments .................................................. 52
Induction Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
10 INITIAL CASE PLAN AND CLASSIFICATION ...................... 57
Memorandum of Understanding Between The Australian Federal Police, Australian
Capital Territory Corrective Services, Australian Capital Territory Youth
Justice Services And New South Wales Department of Corrective Services 62
Australian Capital Territory (ACT) Inmates .............................. 66
Federal Inmates ................................................... 67
11 INTERSTATE TRANSFER OF INMATES ............................ 68
12 RELEASE OF INMATE DETAILS .................................. 71
2.
13 CLASSIFICATION ............................................... 73
Classification - Men . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Procedures for Initial Classification & Review - Generic . . . . . . . . . . . . . . . . . . . . . 76
Other Matters to Be Considered When Classifying Inmates - Generic ........... 77
Criteria for Regression of Security Classification - Generic ................... 79
Work Holds - Generic .............................................. 80
Classification - Women . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Classification ofInmates With Further Charges ... , ....................... 85
Criteria For Classifying Male Unconvicted, Sentenced Expired - Further
Court/Deportation Inmates 'C1' And Placing At Parrarnatta Correctional
Centre .................................................... 87
Transgender Inmates ............................................... 90
14 REVIE-WS ...................... 0 96
Inmate Requests for Review of Case Management Committee Decision ........ 96
Change of Placement Requests - Protocol .............................. 100
Segregation/protective Custody Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
15 PROGRAM OPTIONS FOR CASE PLAN DEVELOPMENT . ........... 104
Inmates with Intellectual Disability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
Criteria for Sex Offender Programs ................................... 105
Criteria for the Specialised Young Male Adult Offenders Program - Parkleallohn
Morony/Oberon Correctional Centres . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
Criteria for the Ivanhoe (Warakirri) Centre Program ...................... 114
Criteria for Brewarrina (Yetta Dhinnakkal) Centre . . . . . . . . . . . . . . . . . . . . . . . . 115
Criteria for Mobile Outreach Programs ................................ 116
Mothers and Children Program ...................................... 117
Transitional Centre (Parrarnatta) ..................................... 120
Malabar Special Programs Centre ..................................... 124
The Intensive Case Management Unit (ICMU) - Goulburn Correctional Centre .. 135
16 INMATES WITH DISABILITIES . ................................. 138
17 DRUG COURT PROGRAMS ..................................... 140
18 EXTERNAL PRE-RELEASE LEAVE PROGRAMS ................... 144
19 EXTERNAL LEAVE PROGRAMS FOR INMATES SUBJECT TO
DEPORTATIONIREMOV AL ORDERS . ............................ 150
20 INMATES LIABLE FOR EXTRADITION ........................... 152
21 THE SERIOUS OFFENDERS REVIEW COUNCIL (SORC) ............ 153
Procedures for Assessment Committee Visits . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
Procedures for monthly meetings (SORe) .............................. 157
3.
22 mGH SECURITY INMATE MANAGEMENT COMMITTEE (HSIMC) " 158
Escort procedures for extreme high security and moderate high security inmates . 160
Emergency Medical and Unscheduled Escorts ........................... 162
23 WHEN APPLICATIONS ARE TO BE REFERRED TO THE PRLC ...... 163
Public Interest Inmates And The Pre-release Leave Committee (PRLC) ........ 164
24 ESCAPEES AND THE ESCAPE REVIEW COMMITTEE (ERC) ........ 171
Criteria for applying for a reduction from E2 to Cl (E2 - Cat 2) .............. 173
25 MOVEMENTS AND ESCORTS ................................... 176
26 DISCHARGE SUMMARY UNIT . .................................. 183
27 INMATE ACCESS TO PSYCHOLOGY REPORTS, CASE MANAGEMENT
FILE AND SERIOUS OFFENDER MANAGEMENT FILE ............. 185
28 FORMS, FILES & OMS CODES . .................................. 188
Case Management File Forms ........................................ 188
OMS Codes - Hot Keys ............................................ 190
Segregation Review Forms .......................................... 191
Escape Classification Review Forms ................................... 191
Pre-Release Leave Committee Checklist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191
Sentence Administration Unit Request for the Judges Sentencing Remarks Form
........................................................ 191
4.
ABBREVIATIONS
ACMU
AN
AOD
ASU
AVETI
AVO
CHS
CIG
CMC
CMT
COBAC
CORE
CSI
CUBIT
DCS
DMC
DSU
DVO
E
EPRD
ERC
ESO
FPS-C
Acute Crisis Management Unit
Adult Nucleus
Alcohol & Other Drugs
The Assessment Unit
Adult Education & Vocational Training Institute
Aggravated Violence Order
Corrections Health Service
Corrections Intelligence Group
Case Management Connnittee
Case Management Team
Community Based After Care
CUBIT Outreach
Corrective Services Industries
Custody Based Intensive Treatment Program
Department of Corrective Services
Deputy Manager, Induction, Screening & Classification (MRRC)
Disability Services Unit
Domestic Violence Order
Classifies an inmate as an escapee
Earliest Possible Release Date
Escape Review Connnittee
Education for Sex Offenders
Forensic Psychology Service - City Branch
5.
GBH Grievous Bodily Hann
HIV Human Innnuno Virus
HRG Hostage Response Group
HSIMC High Security Inmate Management Connnittee
ICMU Intensive Case Management Unit
ID Intellectual Disability
IDS Inmate Development Services
no
Inmate Identification and Observation Fonn
ITC Industrial Training Centre
KWTU
Kevin Waller Therapeutic Unit
LBH Long Bay Hospital
LSU
Lifestyles Unit Program
MDS
Manager Disability Services
MHRT
Mental Health Review Tribunal
MIN
Master Index Number
MRRC
Metropolitan Remand and Reception Centre
MSPC
Malabar Special Purpose Centre
NESB
Non English Speaking Background
OlC Officer In Charge
OMS
Offender Management System
OPM
Operations Procedures Manual
PADF/PAMF Personal Assessment Details Fonn
PEP
Personal Effectiveness Program
PPIP Act
Privacy & Personal Information Protection Act 1998
6.
PRLC
PRPU
RITIRAIT
RSI
SOPE
SORC
TTY
U
YAOP
Pre Release Leave Connnittee
Pre Release Programs Unit
Risk (Assessment) Intervention Team
Reception, Screening and Induction
Sex Offender Psycho-Sexual Education
Serious Offenders Review Council
Telephone Typewriters
After a classification level signifies unsentenced ego A2U
Young Adult Offenders Program
7.
1 INTRODUCTION
The aim of this manual, approved for implementation in September 2000, is to provide
assistance to those officers who have responsibilities for the case management and
classification of inmates. It is hoped that the implementation of the procedures prescnbed in
these pages will result in a consistent and accountable case management process in
correctional centres across New South Wales.
Although the practice of case management is not explicitly stated in existing legislation its
rudimentary principles are contained in Part 3 of the Crimes (Administration of Sentences)
Act 1999 which deals with the treatment of inmates and their separation into classes. The
separation of inmates into classes gives rise to the tenn classification and refers to more than
just the assignment of security categories.
Central to the case management process is the fonnulation of a case plan for each inmate
who is received into custody. There is an important link between case plan and
classification, particularly when classification is understood in the wider sense of Section 15
of the Correctional Centres Act 1952 Section 15 reads as follows:
"To the fullest extent reasonably practicable convicted inmates shall be separated
from other inmates, and different classes of convicted inmates and different classes of
other inmates shall be separated as prescnbed. "
Note section 15 has been repealed - it is subsequently to appear in the Regulation.
The Commissioner has delegated to certain officers within the Department the authority to
classify and move inmates for the purposes of carrying out this function.
While all officers who are directly involved with inmates are required to implement case
management practices, those officers who have the Commissioner's delegation to classify
have the responsibility for ensuring that case plans are fonnulated and carried out. The
following officers have the Commissioner's delegation:
Director, Inmate Classification and Case Management Branch
Assistant Director, Inmate Classification and Placement
Assistant Director, Classification and Programs
Manager, Inmate Transfers and Population Management
Manager/s, Inmate Classification and Placement
Deputy Manager/s, Inmate Classification and Placement
Manager/s, Program Development, Implementation and Evaluation
It is important to bear in mind that the legislation reserves to the Commissioner those
decision-making powers which relate to the case management and classification of inmates
in the following categories: serious offenders, public interest, high security. In making
certain decisions on these inmates the Commissioner is required to receive advice from the
Serious Offenders Review Council and its committees.
8.
A great deal of effort has been put into consulting with a broad range of staff including:
members of Case Management Teams; members of Case Management Committees, Case
Management & Classification Co-ordinators; Managers, DlManagers, Inmate Classification
and Placement; Managers, Program Development, Implementation and Evaluation; the
Office of the NSW Ombudsman in an endeavour to make this manual effective and useful to
those engaged in the case management process. Inevitably there will be imperfections and
omissions. Constructive advice and recommendations aimed at improving the usefulness of
this manual will always be gratefully accepted.
Legislation - Men:
Crimes (Administration of Sentences) (Correctional Centre Routine) Regulation 1995
Clause 10 Classification ofInmates states that
"(1) Each male inmate must, for the purposes of security and developmental programs, be
classified by the Commissioner in one of the following categories:
Category Al Those who, in the opinion of the Commissioner, represent a special
risk to good order and security and should at all times be confined in
special facilities within a secure physical barrier that includes towers
or electronic surveillance equipment.
Category A2 Those who, in the opinion of the Commissioner, should at all times be
confined by a secure physical barrier that includes towers, other
highly secure perimeter structures and electronic surveillance
equipment.
Category B Those who, in the opinion of the Commissioner, should at all times be
confined by a secure physical barrier.
Category CI Those who, in the opinion of the Commissioner, should be confined by
a physical barrier unless in the company of an officer.
Category C2 Those who, in the opinion of the Commissioner, need not be confined
. by a physical barrier at all times but who need some level of
supervision.
by a physical barrier at all times and who need not be supervised.
Clause 11 (1) states
"An inmate who has committed an "escape offence" in New South Wales or elsewhere must,
for the purposes of security and developmental programs, be classified by the Commissioner
as either an EI or E2 or AI, A2 or B, depending upon the date on which the inmate
committed the "escape offence".
9.
Legislation - Women:
Clause 10 (lA) states that:
"Each female inmate must, for the purposes of security and developmental programs, be
Category 4: Continuous supervision
Those female inmates who, in the opinion of the Commissioner, should at all times be
Category 3: General supervision
Those female inmates who, in the opinion of the Commissioner, should be confined by a
physical barrier unless in the company of a correctional officer or some other person
authorised by the Commissioner.
Category 2: Minimum supervision
Those female inmates who, in the opinion of the Commissioner, need not be confined by a
physical barrier at all times but who need some level of supervision by a correctional officer
or some other person authorised by the Commissioner.
Category 1: Monitored
physical barrier at all times and who need not be supervised. "
The provisions of Clause 11 (1) apply to women who have committed an escape offence.
(Ref. Section 20 - Escape Policy)
10.
2 CLASSIFICATION DELEGATIONS
Operational Levels of Delegation
The departmental officers to whom the Commissioner has delegated his powers to move and
classifY inmates are listed below. They have been set out in alphabetical levels. Each level
designates those officers who have been delegated by the Commissioner to exercise his
functions. The levels which are of main concern to the officers using this manual are Level E
and Level F. To establish who has what authority to exercise a particular function under the
legislation, first identifY the function (ie movement and/or classification) and then refer to the
level and the officers listed in that level.
Level A
LevelB
Levele
LevelD
LevelE
LevelF
LevelH
Senior Assistant Commission, Inmate and Custodial Services
Superintendent, Operations
Assistant Commissioner, Inmate Management
Regional Commander
Regional Superintendent
Commander, Security and Investigations
Manager, Operations Branch
General Manager, Metropolitan Remand and Reception Centre
Junee Monitor
Manager, Operations Branch
Governor, Correctional Centre
Operations Manager, Metropolitan Remand and Reception Centre
General Manager, Junee Correctional Centre
Director, Inmate Classification and Case Management Branch
Assistant Director, Inmate Classification and Placement
Assistant Director, Inmate Classification and Programs
Manager, Inmate Transfers and Population Management
Manager/s, Inmate Classification and Placement
Deputy Manager/s, Inmate Classification and Placement
Manager/s, Program Development, Implementation and Evaluation
Manager, Security, Correctional Centre
Manager, Transitional Centre
Assistant Operations Manager, Metropolitan Remand and Reception Centre
Operations Manager, Junee Correctional Centre
11.
Crimes (Administration of Sentence) Act 1999
s.23 Orders for Removal of Inmates from one correctional centre to another (a) - (f)
LevelE
Duty Officer
Crimes (Administration of Sentence) (Correctional Centre Routine) Regulations 1995
Clause 8(3) Separation of Different Classes of Inmates
Leve1A
Leve1B
Clause 10(1) and Clause 10(1A) Classification of Inmates
Level A
LevelB
LevelE
Level F
Clause 10(2) Reviewing and varying the Classification of Inmates (with the exception of
Serious Offenders)
Leve1A
LevelB
LevelE
LevelF
Variations to the classificatiOns of inmates classified as "Serious Offenders"
COMMISSIONER ONLY
Requests for varying the classification and/or placement of a Serious Offender must be
referred to the Executive Officer and Registrar for the SORC: Telephone (02) 9289 5060;
Fax (02) 92895047. (Refer section 21 in this manual The Serious Offenders Review Council)
The request must include a report authored or counter-signed by the Governor of the
correctional centre requesting the transfer of the serious offender (Refer to clause 19 of the
Crimes (Administration of Sentences) (Correctional Centre Routine) Regulations 1995.
Clause 11 Classification of Escaped Inmates
Leve1A
LevelB
LevelE
LevelF
Clause 11(2) Re-Classification of Category E1 and E2 Inmates
Conunissioner
Senior Assistant Commissioner, Inmate and Custodial Services
Assistant Conunissioner, Inmate Management
12.
3 CASE MANAGEMENT
Responsibility:
-- All Members of Staff
Legislation/Policy:
Refer Inmate Case Management Policy.
The case management of inmates is departmental policy. It is a collaborative, multi-
disciplinary process which assesses, plans, implements, co-ordinates, monitors and evaluates
options and services to meet an individual's needs. Case management is the process which
links all the elements involved in an inmate's management. It unifies procedures and
persounel to balance departmental resources and an inmate's needs. As a management
structure it co-ordinates the processes of assessment, case planning, classification, security,
as well as linking the roles of individuals - such as Case Offices and Inmate Development
Services (IDS) staff - into teams. As a way of meeting inmates' needs case management is a
flexible tool for planning goals and monitoring on-going progress. Case management also
ensures the documentation of an inmate's interaction with departmental staff in that it
provides a record of an inmate's changing needs, security requirements and progress, and so
sets the framework in which problems can be addressed. It is the primary structure which
links all the activities of staff and inmates within the correctional environment.
Every inmate will be part ofthe case management process from the time of reception into the
Department's custody until cessation of that period of custody.
The principles of case management underlie the procedures that follow in this manual
Case management means the adoption ofthe following practices:
treating each inmate as an individual rather than as an anonymous member of a group
developing case plans which are based on an individual inmate's assessed risk and
criminogenic needs
developing case plans in consultation with the inmate
ensuring case plans contain clear, achievable goals and time frames with the overall
aim of preparing an inmate for re-entering the connnunity
encouraging positive and significant interaction between staff and inmate and the
accurate recording of this on the case management file
recognising and rewarding goal achievements in conduct and behaviour, courses
completed, skills acquired, counselling undertaken
13.
ensuring transparent, equitable and ethical management practices
appointing Case Officers to inmates where appropriate
providing speciaIised assistance, such as language assistance and support for inmates
with disabilities, where required
providing essential information in an appropriate language and format (eg. Interpreter
Service fOr deaf and hearing impaired inmates - Refer section Inmates with
Disabilities)
providing appropriate support for inmates with disabilities (Refer section Inmates
with Disabilities)
The focus of case management is on inmates as individuals. All inmates must have a case
pIan developed for their time in custody, irrespective of the sentence length. The inmate
must be part ofhislher case pIan development process.
The case plan is a description of key issues involved in an inmate's management. It is
document prepared by the Case Management Team, with the inmate, and it specifies the
tasks, actions, strategies and resources required to work with the inmate. It will require
rninimaI to intensive involvement from the inmate and staff depending on the circumstances
and needs of the inmate.
The case plan must be developed bearing in mind the eventual release of the inmate back into
the community. It specifies a number of things including:
any special needs
who will be co-ordinating and monitoring the plan
the indicators used to measure how well goals are achieved
the nature and frequency of supervision
the long, medium and short term goals for an inmate
the sort of changes expected from the inmate and time frames.
In developing an inmate's case plan, staff must take into consideration risk factors (of escape;
to staff; to other inmates; to self; to the community) and the criminogenic needs of the
inmate. Eqnity needs and any 'political sensitivity' must also be considered.
Inmates must be encouraged to become the prime mover in the case management process in
that they develop strategies to address any/all criminogenic needs and reduce assessed risk
factors through participation in appropriately focussed programs.
In most cases, inmates are allocated by a Case Management Team to individual members of
staff(Case Officers) in a correctional centre (Refer sections Case Management Procedures
and Case Management Team. These staff members have responsibility for providing support
and, where necessary, assistance to the inmate in fulfilling the requirements ofhislher case
plan. They have the responsibility, along with other staff, of recording by way of case note
reports in the case management file, the inmate's progress towards the goals specified in the
case plan. The information on this file is used to provide evidence of the inmate's progress,
14.
as well as suitability for access to programs and services. This file is also used in assessing
suitability for progression through the classification categories and, in some cases, Parole.
The Department's Throughcare practice is to be reflected throughout the case management
process in the individual case plans of inmates. The continued link to the community is
essential in the case planning process. A significant element is the intention to have
inmates who meet the criteria participate in External Leave Program(s) prior to release
from custody. Such intention is to be reflected in all case plan developments and
reviews throughout the inmate's sentence.
15.
j
!
1
4 CASE MANAGEMENT PROCEDURES
Responsibility:
-- Govemor
-- Manager, Programs and Services
-- Area Manager
-- Case Manager
,.. Case Supervisor
,.. Case Officer
Case Management and Classification Co-ordinator
Inmate Development Services (IDS) staff
Correctional Services Industries (CSI) staff
Case Management Team (CMT)
Case Management Committee (CMC)
LegisIationIPolicy:
Refer Inmate Case Management Policy
Refer to ACO: 99/057; 99/099
Procedures
I. The Manager, Programs and Services, who is responsible for the operation of case
management in a correctional centre, is to ensure that an effective auditing process is
in place for the implementation and maintenance of these procedures.
2. Case management requires that all departmental employees who have a professional
responsibility for an inmate as part of their duties, actively contribute to the
management of that inmate according to the case plan that has been formulated by the
Case Management Team (CMT). The case plan is to be found in section 2 of the
inmate's case management file. (Refer to forms S2FI, S2F2 and S2F3)
3. Correctional officers, Inmate Development Services (IDS) staff and Corrective
Services Industries (CSI) staff are to record the dates, times and duration of
interviews and significant contacts with inmates in both their desk diary and in any
existing clinical file. They are also to record regular case notes, including a summary
of contact details, on inmate case management files and on the OMS.
4. Case Officers are to record dates, times, duration and an accurate oQiective summary
of all interviews and significant contacts with the inmates on their case load in their
regular entries in the case management file. Correctional Officers who have a
significant contact with an inmate on another Case Officer's case load are to inform
the Case Officer of this contact including time, date, duration and details, or make a
notation on the inmate's case note/running sheet. The relevant Case Officer should
also record this on the case management file. A Case Officer can be a member of
16.
correctional staff, IDS staff or CSI staff.
5. The collection and accurate recording of information about an inmate's conduct,
behaviour and progress is the responsibility of all staff who have dealings with the
inmate.
6. Case Officers are to make a case note record in the case management fIles at
least once a month on inmates assigned to them. More frequent case notes may
be necessary should the circumstances and management needs of the inmate
require it.
7. The Case Management Team, should, whenever possible, assign Case Officers to
inmates. When this is not possible, the Case Manager must assign the Case Officer,
and the CMT then must confirm the allocation at its next meeting. A record is to be
kept indicating which Case Officer is assigned to which inmate. A case officer
allocation sheet is to be secured in each file on which the case officer and allocation
date is recorded. Each correctional centre is to have in place a system whereby
inmates are informed of who their case officer is. The system is to enable a record of
allocation to be stored. The case plan is to give a clear indication when an inmate
requires particular attention.
8. The CMT may determine that an inmate should not have a case officer allocated
to himlher. Usually, this will only occur when the inmate is serving a sentence of3
months or less and has not been assessed as requiring close involvement of staff. The
inmate's case plan must indicate this.
9. When allocating case loads, careful consideration is to be given to the needs of
inmates, ego assessed risk factors; serving long sentences; non English speaking;
disability. It may be necessary to take into account the experience and gender of the
Case Officer to avoid inappropriate allocations.
10. Case loads can vary but normally should not exceed 8 inmates. Where inmates
require intensive attention a smaller case load should be allocated to the Case Officer.
This is especially the case when an inmate has a disability, ego inmates with an
intellectual or other disability which affects communication.
11. Case management file forms have prompts for recording information. The CMT
should also, however, record issues which arise at interviews, goals and targets set in
discussions with an inmate, the inmate's progress in achieving objectives, any
breaches of conduct not requiring disciplinary action, and any helpful, positive
behaviour of the inmate.
12. The objective of case notes is to provide a written record of an inmate's behaviour
including hislher efforts to address the issues which have been identified in the case
plan and hislher general conduct in the centre.
17.
13. The Case Manager is to review the case management file of each inmate at monthly
intervals and record and date that this review has been done.
14. The Case Manager is responsible for the timely and accurate recording of all Care In
Placement events in relation to case management on the OMS, for example: Alerts:
association; placement; security; public interest. The Case Management and
Classification Co-ordinator is responsible for the timely and accurate recording of
Management Programs: ego Intensive Case Management. Supporting documentation
(section 10 or 11 direction, inmate application, reports, assessments, revocations) is to
be placed in the ALERTS section of the case management file by the Case Manager.
All Alerts regarding disability MUST be confirmed with the Disability Services
Unit BEFORE entry is made.
15. An inmate who has been identified as having a disability, and following
confirmation by the Disability Services Unit, requires an Alert to be entered on the
OMS (hot keys = IBT) so that, in the event of transfer, the Inmate Transfer Unit and
the receiving centre will be aware of the need for particular care.
16. The Manager, AdministrationlRecords Manager, is responsible for ensuring the
verification of all alerts on the OMS. The alerts/attention sections ofthe case
management and warrant files must contain identical information - ie one file will
contain the source documents, depending on the subject, together with an alerts
report, and the other file will only contain the relevant alerts form - S IF!. (See
comments over page on the separation of files)
17. The Manager, Security is responsible for ensuring the timely and accurate recording
of all offences-in-custody on the OMS. All source documentation supporting an
offence-in-custody is to be placed in the relevant section ofthe case management file
by the Case Manager.
18.
5 CASE PLAN
Responsibility:
r Case Management Team (inel. Reception Connnittees)
,... Case Management Connnittee
r Manager, Programs and Services
r Case Manager
r Case Supervisor
r Case Officer
,... Probation & Parole Officer
r Disability Services Unit
LegislationIPolicy:
Refer to ACO 97/60
Refer to OPM section 18 External Leave Programs
Procedures:
I. An initial case plan is required for every newly received inmate (Refer to fonTIS S2F I,
S2Fla, S2Flb, S2Flf). If, and when, an inmate is transferred from a reception
centre to a centre of placement this plan is to be reviewed at the centre of
placement so that the inmate's needs can be matched against the resources
available in the centre. This may mean a variation(s) to the case plan developed
for the inmate before the transfer.
2. A case plan is to be based on the following:
criminogenic needs of the inmate
risk factors
disability
definite goals (eg. the inmate's eventual release) with time frames, targets,
outcomes and responsibilities
potential progression through the classification categories (see procedures for
Classification)
the various programs that are available
needs specific to individual inmates (eg. protection, methadone treatment)
restraints imposed by resources, policies, procedures. (eg. protection
facilities, location on methadone treatment, variations in educational fac11ities)
review time frames
19.
3. Intensive programs input should be targeted at inmates with medium to high risk of
reoffending while those with low risk and low need should receive less intensive or
even no intervention. The level of intervention through program participation
requirements must be clearly outlined in the inmate's case plan.
NOTE: Until a formal assessment of risk factors for all inmates is automatic,
the security classification of inmates should not include a prerequisite
for program performance ('Addressing Offender Behaviour') unless
such a requirement is recommended by the Sentencing Court or
through assessment of an inmate's behaviour wht1e in custody. This
will only apply up to and including C2/Cat 2 (ClICat 2 SORC inmate).
(Refer section - Classification)
4. Probation and Parole staff should be involved with correctional centre staff in the
development and monitoring of case plans at the pre-release stage for inmates who
will come under Probation and Parole supervision. Involvement of Probation and
Parole staff in the formulation of case plans at the beginning of a sentence for such
inmates and at critical points, example reduction to minimum security, should also
occur. Where a Pre-Sentence Report has been completed by a Probation and Parole
Officer, the information contained in this report should be used in building an
inmate's profile and in the development case plans.
5. It is essential that the inmate be given the opportunity to be involved in the
formulation ofhislher case plan.
6. Effective case managentent must be supplemented by a knowledge and understanding
of the characteristics and needs of ethnic minority groups in order to develop case
plans which can resource services sensitive to the particular cultural background of
the inmate and which would be most appropriate in responding to hislher particular
needs.
7. The classification of an inmate is to be considered as an outcome of the case plan,
developed with knowledge of the inmate's risk rating and other relevant information.
8. The Manager, Programs and Services is responsible for ensuring that all reviews
required in accordance with the Case Management process are carried out.
9.
10.
For inmates with a sentence length of 12 months or greater, the case plan must
reflect the intention of having the inmate participate in External Leave
Program(s) at the appropriate time in his/her sentence (Refer OPM section 18
for criteria).
The case plan is to be clearly documented and signed by the inmate and members of
the CMT. The case plan is located in section 2 of the case management file and as
well as addressing risk factors and criminogenic needs should also consider general
behaviour and conduct, attitude towards work and self-improvement.
20.
11. The Case Manager is to monitor each inmate's progress and response to hislher case
plan and chair the classification and case plan reviews.
12. The Case MIUlager and the Case Supervisor are to provide supervision, advice with
respect to case plan reviews, and on-the-job guidance to Case Officers.
13. The Case Officer is to meet at least once a month with each inmate on hislher
allocated case load or at intervals required by the case plan and keep a record of the
inmate's progress in achieving the goals set out in the case plan. The Case
NoteslRunning Sheet Form (S5F1) is to be used for this purpose.
14. Inmates are not to be considered for a pre-release leave program unless they have
addressed the issues that have been determined as being the underlying causes of their
offending behaviour through the completion of approved/agreed prograros within
resources available and as specified in their case plans. (Refer 8 above) For inmates
with disabilities, the particular case is to be referred to the Disability Services
Unit for advice BEFORE any decision (either to include or exclude the inmate
from a program) is made.
NOTE:
*
**
***
The Corrective Services Department has sigued an agreement with ACT authorities
that inmates received from the ACT will be received into Goulburn Correctional
Centre and, in the course of their sentences, will be held as close as possible to the
ACT in order to facilitate visits from family and friends.
The Department has also accepted the recommendation of the Royal Commission Into
Aboriginal Deaths in Custody that, whenever possible, Aboriginal inmates should be
located as near as possible to their families.
An inmate's case plan must be reviewed when he/she is released from segregation.
The CMT must consider the circumstances resulting in a segregation direction, the
inmate's performance while on segregation and any issues requiring follow-up. The
Case Plan Review must occur at the first scheduled CMT meeting occurring after the
inmate's removal from segregation. Documentation regarding the inmate's
performance while on segregation must be attached to the Case Plan Review form and
placed in the inmate's case management file.
21.
6 CASE MANAGEMENT TEAM (CMT)
NOTE: The current Regulation refers to the Program Review Committee. The Case
Management Team is the new title for the committee carrying out these
functions and the Regulation will use this title after the current review is
complete and approval obtained.
Responsibility:
... Governor
... Manager, Programs and Services
... Area Manager
... Case Manager
... Case Management & Classification Co-ordinator
... Case Officer
... IDS and other designated staff
<r CSI staff
... Disability Services Unit
LegislationIPoIicy:
Refer to Inmate Case Management Policy
Clause 13 states:
"There is to be a Reception Committee (CMT) at each prison at which prisoners are initially
received after sentencing or for the purpose of their being held in custody otherwise than
because of a sentence. "
Clause 17 states:
"There is to be a Program Review Committee (CMT) at each prison."
"The Program Review Committee (CMT) will review the classification, placement and
developmental program of the prisoner at least once each 6 months".
The Case Management Team has an essential role to play in the management of
inmates by developing and reviewing case plans to meet their individual needs. It is
through the Case Management Team that the collaborative, multi-disciplinary process
of case management can best be carried out. The inmate has a pivotal role to play in
hislher case plan development and must be involved in the case management process.
22.
1
I
I
,
Procedures:
1. There is to be a Case Management Team in every Centre which is to be chaired by a
Case Manager who is responsible for ensuring that there is a quorum of three (Ref
and paragraph 9 below). The Case Manager is to ensure that the Team's case plan
and classification recommendations are suited to each inmate. For inmates with
disabilities, the particular case is to be referred to the Disability Services Unit
for advice BEFORE any decision (either to refer, include or exclude from a
program) is made. The Case Management Team performs part of the reception
process for inmates being received into the centre from Court, including detennining
their classification (Refer Section on Reception, Induction and Screening).
2. The Manager, Programs and Services is responsible for ensuring that sufficient IDS
staff are available at each meeting of a Case Management Team to form a quorum
and to enable suitable case plans to be recommended for the inmates who are to be
reviewed.
3. The Case Management & Classification Co-ordinator is to inform all staff attending
CMT meetings of the dates and times of the meetings at least 14 days prior.
4. The Case Management & Classification Co-ordinator is to list newly-received
inmates so that they can be interviewed as soon as possible after being received into
the centre. This procedure refers to inmates received from Court with new or
changed sentences and also to inmates off escorts from other centres.
5.
6.
7.
This interview is part of the reception procedure and includes inmates who are in
transit. For off-escort inmates it should include an examination of the existing case
plan on their case management files and the provision of information on induction
procedures.
The Case Management Team (as a Reception Committee) is to examine the case
management files of all inmates newly received from reception centres in order to
identify those who may need full assessment including assessment by a psychologist
for intellectual disability and those who may need a case plan variation [Case Plan
Variation Form(S2F7)]. This procedure is to ensure that initial case plans of these
inmates have properly addressed their needs and that their placement is appropriate.
These inmates are to be given priority listing for the CMT.
The Case Management Team is to examine the case plan of each inmate received and
vary the case pIan, when necessary, according to the centres resources and
programs. For inmates with a sentence length of 12 months or more, the case
plan must reflect the intention of having them participate in External Leave
Program(s) at the appropriate time. Should an inmate be considered totally
unsuited to the centre, the Govemor may request a transfer through the nonnal case
management process, or through a clause 19 transfer if the situation is considered
urgent.
23.
8. The Case Management and Classification Co-ordinator is to identifY inmates
(excluding serious offenders) for the legislated (at least once within a 6 month period)
reviews of classification and case plan (Refer to the OMS screen in the RlI screen)
and refer them to the Case Management Team at the appropriate time. Inmate's
removed from segregation must be scheduled at the first occurring CMT
meeting for a Case Plan Review.
9. For serious offenders, eight (8) weeks prior to the scheduled Assessment Committee
visit, (Refer Section 21 Serious Offenders Review Council in this manual) the SORC
Secretariat will send a list of inmates to be interviewed and the forms to be completed
by the CMT. These forms are to be retained by the centre for submission to the
Assessment Committee on its visits. A copy of these forms completed are to be
placed on the inmate's case management file.
10. The Case Management Team is to be chaired by the Case Manager (of Assistant
Superintendent rank or, in smaller centres, a Senior Custodial Officer). The quorum
for a meeting of the CMT is three. (The Director, Inmate Classification and Case
Management may approve a variation of this where special circumstances exist). Any
staff member actively involved with the management of inmates (custodial, IDS,
Clinic, Industries, Parole, Chaplain) may attend meetings of this team, although only
those authorised by the Commissioner are entitled to make recommendations (ie Case
Manager, Education Officer, Welfare Officer, Case Officer, A&OD Officer,
Psychologist, CSI Rep and Parole Officer).C.M.C. members must not participate.
11. All members of the CMT are to sign the relevant section of the form. Any member of
the CMT who does not agree with the majority decision is encouraged to present a
minority report and recommendation to the CMC.
12. The Case Management Team is to allocate a Case Officer to an inmate when it
determines that this is necessary. It is not an absolute requirement that the Case
Officer be a custodial member of staff. When a Case Officer is not allocated to an
inmate the Case Manager is to record the reason for this on the case management file,
and then, together with the Case Supervisor, be responsible for any case management
issues that may arise with that inmate and consequent file notation.
13. The Case Officer is to supply case notes to the Case Management Team meetings for
the classification and case plan review when inmates on hislher case load are being
discussed. He/she must attend CMT meetings whenever possible. These case
notes/running sheets are to be placed on the inmate's case management file. The
same is to occur for any additional reviews required by the Case Management Team.
14. A case plan is to be negotiated with every inmate. The inmate is to sign the case plan
document together with the members of the Case Management Team.
15. Following reviews CMT recommendations are to be forwarded to the Governor for
comment and signature before being referred to the CMC for consideration for
ratification. (Refer section on Reviews when an inmate wishes a review of a CMC
decision to occur)
24.
16. The Case Management Team is to identify inmates who meet criteria for management
by the Serious Offenders Review Council (SORe) and forward a case plan
recommendation on an Initial Classification and Case Management Plan through the
CMC to the SORC. If the Case Management Team is in doubt about whether an
inmate needs to be identified as a serious offender or public interest inmate or
escapee, or has been designated a high security risk, the CMT is to contact the
Executive Officer and Registrar of the SORC: Telephone (02) 9289 5060; Fax (02)
928795047.
17. Serious offenders are to be part of the case management process in the centre. When
a centre is notified that the Assessment Committee of the SORC is to visit to review
serious offenders in the centre, the CMT is to meet and review each serious offender's
case plan. The CMT is to prepare a proposed case plan for submission to the SORC
through the Assessment Committee. All CMT documentation is to be attached to
Assessment Committee reports for submission to the SORC.
18. The Case Manager/Supervisor is to inform the inmate if the Case Management
Committee's decision is not in agreement with the recommendation of the Case
Management Team signed by the inmate at the review meeting. (Refer section on
Reviews when an inmate wishes a review of the CMC decision to occur)
COMMENT
A Case Management Team acts as both a Reception Committee and a Review
Committee. Its role is to develop initial case plans for each inmate and to review these
plans as required. The Case Management Team also has a legislative responsibility to
review the classification and case plan of every inmate at least once within a 6 month
period. (Refer Case Management Procedures, No. 12)
A Case Management Team must have the information necessary for making informed
recommendations including any risk/need assessment results, the OMS printout,
warrant fIle, the case management fIle, the Case Notes! Running Sheets, relevant Alerts,
security classification options, programs available for different categories of inmates,
and the criteria and policies which apply to those programs. Following sentence, the
CMT is to request a copy of the Judge's Sentencing Remarks from the Sentence
Administration Unit who automatically receive them for sentences 3 years and greater.
If, in special circumstances, Judge's Sentencing Remarks are required for a sentence
less than 3 years, application must be made to the Sentence Administration Unit. A 1-3
month time span should be expected) (Refer forms index at end of manual).
It is the responsibility of the Chairperson of a Case Management Team to ensure that
the correct procedures are followed. It is the responsibility of the Chairperson to ensure
that all recommendations are based on the best available information, that members of
the Team are given the opportunity to provide advice in their area of expertise and the
inmate is given the opportunity for input. Recommendations are made after fair and
open disCUSSion, and on the contribution of the inmate himselflherselt: Provisions for
language assistance may be required for the inmate.
25.
The effectiveness of Case Management Teams will depend on the quality and relevance
of the information which each member of departmental staff who is responsible for the
inmate is able to contribute.
The responsibilities of the Case Management & Classification Co-ordinator pursuant to tbis
section include (Refer Case Management Policy 11.10):
identify inmates for reviews
ensure all relevant files and documentation is available, including case
files and warrant files
prepare OMS printout
ensure case plan review forms are properly completed and the Governor
has signed with/without comment
enter data on the OMS (hot keys = ICC)
forward recommendations to CMC for consideration and ratification
submit s23 requests as required
ensure inmates classified to other centres are identified and movement
requests are forwarded without unnecessary delay to the Co-ordinator
Movements (Fax (02) 9289 5070.
26.
7 CASE MANAGEMENT COMMITTEE
Responsibility:
.. Director, Inmate Classification and Case Management Branch
.. Assistant Director, Inmate Classification and Placement
.. (Tovemor
.. Regional Manager or Deputy Manager (MRRC) Inmate Classification & Placement
.. Manager, Programs and Services and the Manager, Security of the centre or the
authorised delegate of these officers
LegislationIPolicy:
Clause 12 states that:
"(1) There is to be a Case Management Committee whose members are appointed by the
Commissioner and which is to be comprised of
(a) one of the follOwing:
(i) the Director, Inmate Classification and Case Management,
(ii) a Manager, Inmate classification and Case Management,
(iii) a Deputy Manager, Inmate Classification and Case Management, and
(b) an industrial officer, and
(c) a programs officer, and
(d) a psychologist, and
(e) a parole officer,
or such other persons, if any, in substitution for, or in addition to, the persons
referred to in paragraphs (b)-(e) as the Commissioner determines.
(2) The quorum for a meeting of the Committee is 3 members who must include a
member referred to in subclause (1) (a).
(3) At a meeting of the Committee, the member referred to in subclause (1) (a) is to
preside.
(4) A decision of the Committee is not valid unless sUPP0ried by a majority of the votes of
the members present and voting at a meeting of the Committee, which majority must
include the vote of the presiding member. "
Mental Health Act, 1990, Chapter 5 (Forensic Patients) - Sections 97 (Transfer of Mentally
III Inmates to Hospitals) and 98 (Transfer of Other Inmates to Hospitals)
27.
Procedures:
I. The Case Management Committee must review the classification and placement of
every inmate at least once within every 6 month period. (Refer Regulation) The
SORC, must review each serious offender within the same time frame.
2. The Manager, Inmate Classification and Placement, in each Region, Deputy
Managers, Induction, Screening and Classification (MRRC only) and Managers,
Program Development, Inmate Implementation and Evaluation (Classification and
Case Management Branch), have delegated powers to exercise the functions of the
Commissioner pursuant to Clauses 8 and 10, subclauses (I), (2) and (3), Clause II,
Clause 15 and Clause 18 of the Crimes (Administration of Sentences) (Correctional
Centre Routine) Regulation 1995.
3. The Manager, Inmate Classification and Placement, is to convene regular meetings of
the CMC to approve, vary or decline the recommendations of the CMT within
Regulation requirements. (Deputy Manager, Classification for Reception Committees
and Remand Reviews in the MRRC a quorum of two (2) required).
4. The CMC is to comprise the Manager, Inmate Classification and Placement, as
chairperson and two members from the centre, the Manager, Programs and Services
and the Manager, Security or an authorised delegate. The Manager, Inmate
Classification and Placement may convene a CMC using appropriately delegated staff
from outside the centre when necessary (Refer 2 above for MRRC). Members must
not have attended or have been signatories to the CMT process involving the inmate.
5. The Case Management & Classification Co-ordinator is to forward all
recommendations of the Case Management Team, together with the necessary
supporting documentation, to the Case Management Committee for consideration and
decision. (Refer 2 above for MRRC)
6. The Case Management Committee, by delegation from the Commissioner, approves,
declines or varies the classification and placement recommendations of the Case
Management Team. (Case Management Committee Form S2FIPI4)
7. Whenever the chairperson of the CMC is in the minority on the committee in reaching
a decision, he/she must refer the matter to the Director, Classification and Case
Management Branch for determination.
8. The Case Management Committee is to ensure that individual Case Plans have been
developed for all inmates. (Deputy Manager, Classification in the MRRC)
9. The Case Management Committee is to ensure that individual case plans are
appropriate and realistic and relate to identified issues which contributed to the
inmate's offending (risk and need factors), behaviour in custody and any other issue
determined as being relevant to their eventual re-integration into the community. The
CMC is to ensure that inmates performance against such requirements is monitored.
28.
10. The Manager, Inmate Classification and Placement, who chairs the CMC, (Deputy
Manager Classification in the MRRC) is to record and enter the decisions on the
OMS (hot key = ICA).
11. The Manager, Programs and Services is to ensure that the decisions of the CMC are
implemented.
12. The Case Management Committee must allow an inmate the right of review against
its decisions, so long as it is not vexatious or frivolous. Such a review, following the
required procedures, is to be forwarded to the Director, Inmate Classification & Case
Management. (Refer section - Reviews)
13. The Case Manager is to inform the inmate of the outcome of the review and the
inmate is to sign the decison form as an acknowledgement of the decision.
14. The Mental Health Review Tribunal is responsible for regularly reviewing forensic
inmates and making recommendations to the Minister for Health on their release or
their "continued detention, care and/or treatment".
15. The responsibilities of the Case Management and Classification Co-ordinator
pursuant to this section are as follows:
prepare lists for CMC review required under the Regulation (at least
once within a six month period) and initial case plan and classification
approvals
ensure appropriate case plan and classification review fonns are
completed and signed with governor's comments added
ensure final paperwork for CMT and CMC is placed on the inmate's case
management file
enter ICC screen
forward recommendations to the Manager who is to chair the CMC
arrange section 23 removal orders
ensure correct review procedures are followed
29.
8 CORRECTIONAL CENTRES
General Placement Guide - as at 31 October 2000
Centre Security/ Sentenced! Receptions Methadone Protections Diabetics Other Criteria! Restrictions
Classifications Unsentenced
Bathurst B,Cl,C2,C3, Both Yes Yes Transit Yes Acute Crisis Unit -live RlT referral
E2, Only only. Women for Court/new receptions.
Berrima B,Cl,C2,C3 Both No No No' Yes All prospective placements must be
discussed with Governor
Brewamna C2,C3 Sentenced No No No No Aboriginal non-violent (sentence greater
than 6 months), nOD-sex offenders under
30 years of age.
Broken Htl1 B, E2, Cl,C2, Both Yes No No Yes All prospective placements are discussed
C3+Catl&2 direct with Governor
Unsentenced women held for Court.
Women's Unit for sentenced Cat 4, 3, 2
& 1 (notE)
Cessnock Cl,C2,C3 Sentenced Yes Yes Shorttenn Yes Not centze of classification for
remands protection inmates; placement by
and transits negotiation only. Acute Crisis Unit -live
RJT re[ennI only.
Cessnock A2,E2, Both Yes Yes Shorttenn Yes Not gaol of classification. Only take Es,
Max A2U, BU, remands & k> & Bs ifate unsentenced & awaiting
11 Wing E2U,ElU IIalIsits court appearance. Sentenced in transit
Remand & only.
Protections
Emu Plains Cat 2, Cat I Sentenced No y" No y"
Mother & Children program available.
Diabetics conditional Refer also
section Female Placement Guide
Glen Innes C2& C3's Sentenced No No No No
Goulburn Al,Al,B,CI, Both Yes Yes Yes Yes The :MPU/ Unit 6 is paru y a Segregation
C2, C3, EI, E2 Unit housing 17. Special Unit for]D
A2U,BU,EIU inmates approval should be sought
from Disability Services Unit
Gtafron E2, B, Cl,C2, Both Yes Yes No Yes Has protection facilities, for small
C3&Cat4,3, number of inmates, awaiting court or
2&1 transfer. Not a gaol of classification for
protection. Contains a women's unit for
sentenced and unsentenced.
Ivanhoe C2,C3 Sentenced No No No No Aboriginals and local
Inmates with sex offences excluded
John Morony I B,Cl,C2 Sentenced No No No Yes Young Adult Offender Criteria and
Adult Nucleus criteria
John Morony 2 Cl,C2,C3 Sentenced No Yes No Yes No segregation, clinic only operates
during day.
Junee E2, B, CI, C2, Sentenced, Yes Yes Yes Yes No acute asthmatics due to bighpollen
C3 Prot/Smct count in air. Has 24 hour medical.
(*.A2U, *A2) Prot N onnal discipline beds for courts and
remands only. 'A' sentenced and
unsentenced for Court only.
30.
General Placement Guide - as at 31 October 2000
Centre Securityl Sentenced! Receptions Methadone Protections Diabetics Other Criteria! Restrictions
Classifications Unsentenced
I<.irkconnell CI (20 beds
only), C2, C3
Lithgow A2,El,E2
Mannus C2,C3
MMTC Al,A2B,Cl,
C2, C3,EI, E2
MRRC A2U,BU,
ElU,E2U
MSPC A2,E2,B,Cl,
(incoIporate C2,C3
fonnerlTC)
Mulawa Cat4, Cat 3,
Cat 2. Cat 1,
El,E2
Oberon C2,C3
YAOP&AN
Park1e. A2U,BU, CIU
Areas 1, 2, 3
Parklea C2,C3
_.4
Parramatta Cl,C2.C3,
ClU
Silvezwater CI (50 beds
only)
C2,C3
SPCIDUnit ~ B , C l , C 2 ,
C3,El,E2
St Heliers C2,C3
Tamworth B, Cl, C2, C3,
E2,BU
Transitional Cat I
Centre
NOTE:
Sentenced No No ex only not All inmates are confined to compound
insulin for t\vo weeks pending a security
dependant assessment Programs include ID and
sex offenderprograrns. ID inmates-
approval should be sought from
Sentenced No Yes Yes Yes Does not take active self-banners, or
strict protections.
Sentenced Only Police No No Not Only Police teceptions with a minimum
insulin tennof12 months or less to be accepted
dependent
Both No Yes Yes Yes Medical transit centre only. Not centre
of classification.
Unsentenced Yes Yes Yes Yes Sentenced key workers only. Holds
and sentenced remands & receptions, and inmates
Court Transits pending court in metro area. Court
transits A, B, C.
Both No Yes yes Yes, not Includes inmates on therapeutic
insulin programs.
dependsnt
Both Yes Yes Yes Yes Range of therapeutic programs available.
Refer also section Female Placement
Guide
Sentenced 4 No No No No No major medical problems, nearest
months or hospital is 48 kmsaway. AsperYAOP
more, with 18 criteria. Ifviolentldrug crime must have
months or less clearance from psych, AOD.
left to serve
Unsentenced Yes Yes Yes Yes Primarily young adult offender remands.
Sentenced key workers only.
Sentenced No No No Yes Has extema1leave programs.
Both No Yes No Yes Cl unsentenced from MRRC as per
criteria. and all C classification transits.
Sentenced No Yes No Yes Primarily a Pre-Release Program centre.
All No Yes Yes Yes Placement approval should be sought
from Disability Services Unit
Sentenced Receptions Yes No Yes Only receive reception from Local
see 9) Courts serving ternt of 12 months or
less.
Both Yes Yes No Yes Not a gaol of classification. Local
Courts only.
Sentenced No Yes No Yes Not a gaol of classification, but a
program option at end of sentence.
Women only.
* U after a classificatIOn level signifies an unsentenced mmate.
* E signifies an escapee
31.
FEMALE PLACEMENT GUIDE
The Case Management Team is to consider the following when making an assessment for the
placement of a female inmate:-
1. Acutely/actively at risk of self harm: remain at Mulawa Correctional Centre until
progress through a comprehensive Case Plan enables her to be considered for
placement at another centre;
2. Poses a reasonable risk of escaping: remain at Mulawa Correctional Centre until
progress through a Case Plan which addresses this risk and enables her to be
considered suitable for safe placement at another less secure centre;
3. Inmates with less than a month to her earliest possible release date: who are received
into Mulawa Correctional Centre may be placed at Emu Plains or remain at Mulawa;
4. Requires detoxification: remain at Mulawa Correctional Centre until successful
completion of detoxification program;
5. Requires protection/segregation: remain at Mulawa Correctional Centre while such
conditions apply;
6. Remandee: remain at Mulawa Correctional Centre, unless otherwise determined by
the Regional Commander, Metropolitan Region;
7. Upcoming court appearances: will preferably be held at Mulawa Correctional Centre
but may, in certain circumstances, be placed at another centre, subject to vacancies,
satisfaction of the centre's admission criteria, and the availability of transport;
8. In custody for a serous offence: remain at Mulawa Correctional Centre until assessed
as being suitable for placement at another centre;
9. Charged with assault whilst in custody: remain at Mulawa until assessed as being
suitable for placement at another centre;
10. Offences against children: remain at Mulawa Correctional Centre until assessed as
being suitable for placement at another centre (also refer Mothers and Children
Program)
32.
9 RECEPTION, SCREENING AND INDUCTION PROCEDURES
COURT BASED IDENTIFICATION AND OBSERVATION
Responsibility:
" OIC Court Cells
" Designated Officer Court Cells
" P1acemeot Officer
" Transport Officer
,.- OIC Reception Room
,.- Manager, Programs and Services
" Disability Services Unit
LegislationIPolicy:
Refer to ACO: 98/064 and 96/064
Refer to Transgender Inmates (this manual and OPM)
NOTE: The current Reception, Screening and Induction Program and
procedures are being reviewed and a number of models are being tried at
different locations.
Procedures:
1. Wheo an inmate is received into the Department's custody all relevant information
about the inmate is to be asked for and obtained from Police, Court staff, legal
representatives, family and frieods. It must be noted and communicated betweeo staff
and transferred with the inmate to the receiving centre inside the newly created case
management file. This information is to be used for completing a risk assessmeot in
relation to health, suicide/self-harm, escape or other behavioural issues.
2. The Police Service is required to pass over the Personal Assessment Details Form
(PADF - previously known as the PAMF/P472) with each new reception received
into custody. If these are not received, it is the responsibility of the receiving officer
at the court cell complex or reception room to ask for this information.
3. The receiving officer must sign for the P ADF from the Police so that they have a
record of its transfer to this Department.
4. On receipt of the PADF the receiving officer must read the form and note all relevant
cornrneots on the "Inmate Identification and Observation Form (lIO).
33.
5. The receiving officer must then search the offender in accordance with Operation
Procedures.
6. After searching the offender, he/she is to be given an admission/screening interview
to identify issues in the areas 0 f-
Personal description/security
Previous criminal history and current matters
Children
Health history and current status
Risk ofselfharm
Disabilities
Information is to be solicited from court staff, legal representatives, judiciary,
probation and parole, family and friends about the offender. This may be
documentary or verbal. It may be information which is vital to the screening or
management of the offender in custody and may take the fonn of informal connnents
made, reconnnendations, written requests or formal reports. There is no more
opportune a time than at court (where so many personnel are together) for
information to be gathered about the inmate.
The appropriate fonn to record the details of the interview is the "Inmate
Identification and Observation (110) Fonn (S3F2P2 - PIO). This interview and its
recording on the 110 is mandatory for every new reception received into the
Department's custody. The whole fonn is to be completed on each offender.
7. After completing the 110, the alert which are marked by a double asterisk (**) on the
fonn must be transposed onto the front page of the fonn, the ''New Inmate
Lodgement and Special Instruction Sheet".
Whilse the offender's confidentiality is to be respected, any alerts, especially any
concerns about risk ofselfharm, must also be corrnnunicated to all staff at the court
cell complex.
If it is discovered that an inmate is at risk of self harm, that this has been noted on the
110 lodgement, and communicated to all staff, the OIC of the cell complex will decide
on the best methods of management, including containment of the inmate. This will
most likely be by continual physical observation in an observation cell.
8. When the inmate has been properly accommodated, whether at risk or not, section 5
(Court Services) 110 can be maintained.
9. When it is determined that the inmate will be staying in custody and/or bail could not
be arranged, the lodgement and the Personal Description Section (comprising of the
first 4 pages of this fonn) are to be faxed to the Placements Section of the Court
Escort Security Unit.
34.
10. In some circumstances there may be concerns about the offender for which the centre
Reception Room staff should be "on alert". In such cases, the OIC of the court cell
complex should also make phone contact with the Governor/OlC Reception Room
prior to the inmate's arrival at the centre. This contact with the correctional centre
should be noted on the no under OlC comments.
II. When transferring the offender from the court cell complex, the OlC or delegated
officer should have the transport officer sign for all documents when transferring
over.
Where the court cell complex and transport staff are one and the same (as in some
country locations) this step does not apply.
12. The Police PADF and the lIO/Lodgement should travel together with the inmate, and
where possible, kept separated from the warrant information as these are to be
attached to different files at the Reception Room
13. The OlC Court Cells is to maintain a register which records:
Date of interview
Time of interview
Inmate's name and MIN
Centre of Placement
Forms faxed
Special needs highlighted
Transport Officer's name who received inmate & documents
14. If a Pre-Sentence Report, or other information such as the Probation and Parole
Summary Form (S3FI2PI) conceming the offender is received by the OlC, such
information is to be regarded as confidential. This information is to be placed in an
envelope, marked 'confidential' and addressed to the Screening and Induction staff at
the Centre of Placement. The Pre-Sentence Report and/or the Probation & Parole
Summary Form are to be placed on the case management file.
15. Court Security staff are to advise the Placement Officer of every Transgender inmate
received into custody through the Inmate Identification and Observation Form and the
Lodgement Sheet.
Transgender inmates must be kept separate from other inmates, accommodated
in a single cell and must not be transported with any other inmate in the same
compartment of a transport vehicle.
16. Where possible and appropriate, the information contained in the no is to be entered
into the OMS by Court Cell officers prior to the inmate leaving the Court cells. In
such cases, there is only need to tax the Lodgement Sheet and to note on the no that
it has been entered on to OMS.
35.
17. Where possible provision should be made for offenders to have access to the
following information:
The most likely centre they will be taken to, and the location of that centre;
The time they are likely to arrive;
How long they can expect to remain in the court cells;
Up-to-date information about meals, reception phone calls, tobacco, etc;
Other services which can be provided eg legal phone calls.
Information about the correctional centre system and procedures during their first 24
hours in gaol.
36.
~
I
STEPS IN SCREENING IN COURT CELL COMPLEXES
Collect the Personal Assessment Details Form
(P ADF) from Police
!
Read the P ADF
!
Ascertain Security, Withdrawal, Mental & Physical Health Info
using the Inmate Identification & Observation Form
!
Manage the inmate based on assessment
including observation
!
Connnunicate the Results of the assessment
to court complex staff
!
Continue to assess ifheld for prolonged time
!
Sunnnarise using case note/running sheet assessment on
Lodgement & Special Instruction Sheet
!
Fax Lodgement Sheet & PDF section if 110
to placements (fax health history & visual assessments if concerned
!
Connnunicate health/management issues to Transport Officers
(if separate staff)
!
Send original documents - including P ADF, 110 and
lodgement with inmate
37.
RECEPTION OF INMATES AT RECEPTION CENTRES
Responsibility:
,.. Governor
.. Manager, Programs and Services
.. OlC Reception Room
,.. Records Administration Staff (MRRC only)
.. Welfare Officer/Screener (MRRC, Parklea & Mulawa only)
.. CHS Staff
.. RlT (Risk Intervention Team) Co-ordinator (when necessary)
.. Disability Services Unit
LegislationIPolicy:
NOTE: A regulation is to be drafted which will provide for the diet, separation,
medical attention, private property and record of the personal description of
inmates. Previously, these stipulations were provided in sections 14-18 of the
now repealed Correctional Centres Act 1952.
Refer Transgender Inmates (this manual)
Refer Inmates with Disabilities (this manual)
Operations Procedures Manual
Section 10 sets out the procedures to be completed by staff in Reception Rooms when
carrying out reception duties. The fullowing duties relate to the Reception, Screening &
Induction (RSI) Program.
ACO 200/031 (OPM 2000/012) Procedures for Creating a MIN and Reporting Multiple
MINs for One Offender
Memorandum - Paul Byrnes, Manager, Operations, Creation and Merging of Master Index
Number (MIN), 18 July 2000
Procedures:
1. The OlC Reception is responsible for ensuring that each inmate is identified and
received according to Departmental Policy and Procedures and that the required
documentation is completed by staff in Reception Rooms or those carrying out
Reception Duties as specified in Section 10 of the Operations Procedures Manual.
NOTE: Placements Section, Court Escort Security Unit, create new MINs for all first
time receptions.
38.
2. A new case management file is to be created for each new reception from court or
police by Reception Room staff when this has not been done by Court staff.
Unsentenced inmates and inmates with sentences ofless than 12 months are to
have a short term custody file. The OIC Reception is responsible for producing
inmate identification labels and sticking them on to the new file and giving the file a
booking number (from OMS). The "short term custody" file is to be used for an
inmate with a custodial term less than twelve months. The full case management file
is to be used for an inmate with a custodial term of 12 months or greater.
3. On receipt of the forms from court, a copy of the Lodgement and Special Instructions
is to be provided to the CHS and IDS staff(screeners) prior to the inmates arrival.
4. The 'Lodgement and Special Instruction Sheet' and the Personal Description section
of the 'Inmate Identification and Observation Form' which have been received by fax
(from the Court via Placements) are to be checked and verified by the Reception
Room Staff.
If these have not been entered on to OMS by Court staff, Reception Room staff are to
enter these onto the OMS. At some centres this may be the practice for
administration staff.
5. The copies of the Lodgement and PDF section of the 110 are filed on the warrant.
6. Originals of the Police Personal Assessment Details Form (P ADF), the Lodgement
and Special Instruction Sheet (Lodgement) and the full copy of the Inmate
Identification Form (110) are noted by the Reception Room Officer (who signs for
these) and filed on the newly made up case management file in section 3.
7. All other documents received from the Court/Transport staff which are not Legal
Detainers (warrants) are filed on the case management file (section 3). These include
Probation and Parole Reports/Summaries.
Case Notes, when received from Court staff, are filed in section 5 ofthe new case
management file.
8. Discharge Summaries may also be received while the inmate is going through the
Reception procedures. When received, these too are filed in section 3 of the case
management file.
9. If an Inmate and Identification Form was not received from the Court (eg. in the case
of Police Courts), Reception Room staff are responsible for completing section 1, the
Personal Description Form. The original is placed on to the case management file
and the copy on to the warrant file. Details are to be entered on to OMS by the
delegated officer.
39.
10. All remarks regarding Domestic and/or Apprehended Violence Orders which
appear on the Warrant or in the warrant me MUST be heeded and passed onto
Screening Staff. Failure to do so could result in an inmate being allowed to
make illegal contact.
11. Habeas inmates returning from court are to be fast-tracked to their fonner allocated
acconunodation. Inmates returning from court with changed status, ego Unsentenced
to Sentenced are to be received in the same manner as Habeas inmates, however, they
will undergo an interview by CHS and the IDS staff on duty (at the MRRC and
Mulawa only). The classification and placement of these inmates is to be reviewed
when a change of status has occurred and when clear of Court.
12. After each inmate has been processed by the Reception Room staff they are to be
interviewed by a CHS nurse to identify medical needs and any treatment which may
be necessary. The case management me must accompany the inmate to the CHS
interview as this contains the information collected so far. At the completion of
the interview, the inmate, the case management file and the 3,d (blue) copy of the
Health Pro blern Notification fonn are returned to the Reception Room Officer.
13. The Receiving Officer (Reception or Wing) is to sign the Health Problem Notification
Fonn upon receipt as an acknowledgement of the transfer of Duty-of-Care for the
inmate to staff in that area
14. At centres regularly receiving over 10 new inmates per day (and at Mulawa), each
inmate is to be seen by a member of the IDS staff for a screening with the aim of
identifying any immediate crisis. The IDS staff member is to interview the inmate
with the case management file at hand, and at the completion ofthe interview,
return the file with the relevant screening form inside.
15. If an Escorting Officer takes the new reception to the accommodation area, he/she is
to collect the 3,d copy (blue) of the Health Problem Notification Fonn when collecting
the inmate and then the wing/pod staff are to note and sign the contents of the fonn
16. Should an inmate possess any medications, the procedures detailed in section 7.3 of
the OPM are to be followed
17. The Reception Room Staff are to notify the kitchen if a special diet is required by the
inmate.
18. The case management file is to accompany a new inmate for each interview. At each
stage of the process, staff are to attach their relevant documentation and ensure that
the case management file is passed on to the next stage of the Reception and
Screening program.
Reception Room staff and Night Seniors are to be aware of the contents of the
case management file and recommendations made by the Screening Staff
19. At the end of the Screening procedures on the first night, the Reception Room Officer
is to ensure the secure overnight storage ofthe inmate case management file.
40.
20. If the Discharge Summary arrives during the above procedures, the Reception
Room staff should bring it to the attention of the screening staff and file it in the
proper section of the case management file.
21. Reception Room staff must notifY the Governor, Deputy Governor or OIC of the
centre of the reception of a transgender inmate.
Transgender inmates must be kept separate from other inmates, accommodated
in a single cell, provided access to separate shower and toilet facilities. (Refer
section Transgender Inmates)
22. Reception Room staff should inform the inmate of the following:
The name of centre where they are located. (if disoriented)
The procedure through the Reception, Screening and Induction Process, in particular
the procedure for that night
What will happen to their property
When a phone call can be made and to whom
Meals -evening and morning
The induction video is to be screened for all new receptions from court
The centre's procedure for providing special dietary requirements
The functions ofIDS and CSI staff
What will happen after the screening interviews are complete
23. When the inmate has been fully screened and oriented he/she is to be escorted to the
relevant accommodation area in the centre.
COMMENT
ACO: 98/064
It is the responsibility of the Governor of each correctional centre that receives new
receptions received into custody, to ensure that LOCAL ORDERS are developed and
reinforced so that the process for sharing information outlined in the above procedures is
fully implemented.
41.
I
ADDITIONAL MATERIAL
Page 41, pt 22 Add on next line after 'what will happen ........ '
Correctional centre discipline
On reception all irunates are to be issued with a copy of Crimes (Administration of
Sentences) (Correctional Centre Routine) Regulation 1995 which contains
information about correctional centre discipline
Inmates are to read and sign the fonn, which they are to retain for future reference.
A copy of the signed fonn is to be retained on their warrant file
Au appropriately qualified person is to he available to read and/or explain the
contents of the fonn to inmates who have:
a langnage difficulty (ie. NESB irunates may require a translator); or
a disability (ie. intellectual, partial blindness or blindness, deafness); or
inadequateeducationallliteracy levels
Inmates are to be made aware of their right of access to copies of the Crimes
(Adnrinistration.of Sentences) Act 1999, Crimes (Adnrinistration of Sentences)
(Correctional Centre Routine) Regnlation 1995 and Operations procedures Manual in
.accordance with section 8.20, Operations Procedures Manual
(Approved 25.11.00)
RECEPTION ROOM SCREENING PROCEDURES - INMATES RECEIVED FROM
DCSCOURTS
Receive Lodgement and Personal Description Form (Section 1 of the Inmate Identification &
Observation Form - 110)
Provide a copy the Lodgement to CHS and IDS Screeners
!
Make up appropriate New case management file, give file a booking number
Each new period in custody requires a new case file to be established with a new booking number
!
File the faxed copies of the PDF and Lodgement onto the WARRANT FILE
!
INMATE ARRIVES
with P ADF, 110, Lodgement and any other information
Ifnot 110 completed at Court, complete the 3 page Personal Description Form
!
Check, Verify & Enter the PDF information on to the OMS
L
Originals ofthe PADF, 110, Lodgement, and other information filed in Section 3 of the case
management file
L
Case Notes received filed in Section 5
L
Discharge Summaries, when received, filed in Section 3 of case management file
!
All remarks regarding DVOs or AVOs communicated to IDS screener
L
Inmate and Case management file escorted to CHS for health/self harm screening
screener reads file, conducts interview and completes health notification forms
L
Inmate attends Welfare!lDS screening
screener reads file, conducts interview and completes notification form
L
Inmate, Case management file & Blue Health Problem Notification Form escorted to WingIPod
42.
RECEPTION ROOM SCREENING PROCEDURES - INMATES RECEIVED FROM
POLICE
Receive Lodgement from Placements
Provide a copy the Lodgement to CHS and IDS Screeners
j
Make up appropriate New case management me, give me a booking number
j
INMATE ARRIVES
ensure PADF given with original Lodgement
j
Interview inmate with Personal Description Form (Section 1 from the nO)
j
Enter PDF on to OMS
j
Copy PDF and place copy on Warrant File
j
Originals of the P ADF, PDF & Lodgement, and other information med in Section 3
of the Case management me
j
Discharge Summaries, when received, med in Section 3 of case management me
j
All remarks regarding DVOs or AVOs communicated to IDS screener
j
Inmate and case management me escorted to CHS for healthlselfharm screening
screener (1) reads file, (2) conducts interview and (3) completes health notification forms
j
Inmate attends WelfarelIDS screening
screener (1) reads file, (2) conducts interview and (3) completes notification form
j
Inmate, case management me & Blue Health Problem Notification Form escorted to
Wing/Pod
43.
MEDICAL SCREENING INTERVIEWS
Responsibility:
~ Manager, Programs and Services
~ CHS Nursing Staff
~ Welfare Officers
~ OlC Reception Room
LegislationIPolicy:
NOTE: A regulation is to be drafted which will provide for the medical attention of
inmates. Previously, this provision was in sections 16 of the now repealed
Correctional Centres Act 1952.
Procedures
1. Procedures to be adhered to during Medical Screening are covered in CHS policies
and are based on the protocols that have been agreed to between the Department and
CHS.
2. The case management file is to be received by the nurse and the Lodgement,
Personal Description forms and any other associated documentation are to be
read, prior to conducting an interview.
3. It is the responsibility of nursing staff to obtain a full health history and make
assessments as to an inmate's physical and mental status. In addition, CHS staff take
responsibility for the assessment of the risk of, and initiating actions for the
prevention of, self-harm and suicide. This takes into account detailed assessments of
the inmates potential of suicidal risk, as well as the past history of such behaviour.
4. In order to reduce duplication nursing staff must take into account, and make note of,
any comments from the court screening form, or other information in regard to an
inmate's health.
5. Medication deemed necessary by nursing staff will be dispensed to inmates. A
notation of this is to be entered on the relevant forms.
6. If a medical screener recommends that special management is required on the first
night or subsequent days, this must be noted on the Health Problem Notification Form
and the Reception/case management staff alerted. (Details of the protocol and
responsibilities for inmates at risk will be found in s. 13.3 of the Operations
Procedures Manual)
7. While it is recognised that CHS have the overall responsibility for the assessment of
the risk of self-harm, the informed input from the other staff is invaluable and must
be taken into account when giving instructions or making initial recommendations. In
particular careful note is to be made of input from the Welfare Crisis worker who may
have additional or different information from that inmate. In the event that opinions
44.
j
differ between CHS and other staff, it is the medical staff who are qualified in
assessing suicide risk and who must take fina1 responsibility. The most prudent
recommendation(s) are to be made and these are to be reviewed within 24 hours by
another party.
8. When the Health Status Notification Form, Health Problem Notification Form and the
Alert Form have been completed, copies of these forms (when available) along with
any other information relevant to the case management of the inmate are to be filed
onto the case management file.
9. A third (blue) copy of the Health Problem Notification Form is to accompany the case
management file and the inmate back to Reception Room staff at the completion of
the interview.
10. The nurse is to obtain, from the OIC Reception Room or the Night Senior, a signature
to indicate that they have been informed of any health problems and
recommendations on the Health Problem Notification Form.
11. The nurse is to inform Reception Room staff of any special dietary requirements the
inmate may have.
12. In centres where screening is completed by CBS and IDS staff, both Services are
to meet and discuss the new receptions and recommendations prior to handing
the inmate over for escorting to the wing.
13. Medical Screening Staff should inform the inmate of the following:
Location of Clinic
services and times available
withdrawal regime - how it will help
the next step (eg at MRRC and Mulawa this will be an interview with a Welfare
Officer to ascertain if there are any issues that need immediate intervention. In other
centres inmates will then be taken to their allocated cell) and
answer any medical questions they have
45.
CRISIS JNTERVENTION/SCREENJNG (MRRC & MULAWA ONLy)
Responsibility:
... IDS Officer
... CHS Officer
... orc Reception Room
LegislationIPolicy:
Procedures
1. An IDS Officer is to attend to the needs of the inmate where intervention is required
on the first night. This may take the form of contacting family members, making
emergency acconnnodation arrangements for children, allaying fears by providing
information etc. It may also include a crisis counselling role appropriate to the skills
of the officer.
2. The IDS Officer is to read the Court Screening documents, and the CHS documents,
as well as any other available documents, eg Judge's Connnents, prior to conducting
the Screening Interview.
3 . The IDS Officer is to complete the interview using the relevant screening form as
determined by the Manager, Reception Screening & Induction.
4. Upon completion of the interview the IDS Officer is to file the form and/or summary
into the case management file and return the file and the inmate to the Reception
Room Officer.
5. If an inmate discloses to the IDS Officer that s/he requires/requests special
management on the first night of custody and subsequent days, this must be noted on
the relevant screening form and the reception and other screening staff alerted.
6. If the IDS Officer is aware of self harm and/or threats of self harm and suicidal
ideation, the Officer is to inform the Medical Screener to decide whether the Risk
Intervention Team Protocol is to be initiated.
7. While it is recognised that CHS have the overall responsibility for the prevention of
selfharm, the informed input from the IDS Officer is to be taken into account when
giving instructions or making reconnnendations.
In such cases both services are to meet and discuss new receptions and
recommendations prior to handing the inmate over for escorting to the wing.
8. In the event that opinions differ between CHS and other staff, it is the medical staff
who are qualified in assessing suicide risk and who must take final responsibility.
The most prudent reconnnendation(s) are to be made and these are to be reviewed
within 24 hours by another party.
46.
9. The IDS Officer is to infonn the inmate of the following:
How to make phone contact with family.
The types of cells which can be allocated and the different wings/pods in which an
inmate can be placed.
How to call for assistance whilst in cell and under what circumstances.
The procedure of the intake interview and possible assessments.
The location of Welfare and IDS services in the centre.
Infonnation on protection, if required.
How to arrange legal representation.
Availability of infonnation from the Inmate Handbook and infonnation videos
detailing induction classification and placement processes.
Right to language assistance through Language Assistance Services.
47.
INTAKE PROFILE INTERVIEW
Responsibility:
r Manager, Programs and Services
r Designated IDS Officers
r Case Management & Classification Co-ordinator
r Induction Unit Staff (at Mulawa CC)
r Case Manager
r Deputy Manager, Screening, Induction & Classification (at MRRC)
r Disability Services Unit
Procedures
I. A General Screening Profile must be conducted within 36 hours from reception
into the correctional centre or on the fIrst working day that the inmate is present
in the centre.
2. The Manager, Programs and Services is to roster a member of the IDS Staff for the
purpose of completing the general screening fonn (S3F5PI-12). At Mulawa, the
Manager, Programs and Services, is to ensure the rostering of correctional officers to
perfonn this task. At Junee, this task is perfonned by Case Managers.
3. The Reception Room Officer or Case Management & Classification Co-ordinator is
to prepare a list/register of all new receptions requiring General Screening Profile
interviews and is to ensure that the case management files are readily available in the
designated interview room along with the General Screening Intake Profile Forms.
4. The designated IDS interviewing officer is to read all infonuation from the
court, medical and welfare screening fonus and take this infonuation into
account when conducting the interview.
5. The interviewing officer (Intake screener) is to explain the rationale for the interview
and the boundaries of confidentiality in respect of the information given.
6. The interview is to be conducted using the General Screening Profile Fonn
(detennined by the State Manager, Reception, Screening and Induction) which is to
be attached to the case management file by the screener. If the inmate meets any of
the criteria which indicate that a Full Assessment or intervention is required, the
intake screener is to refer the need for a full assessment to the relevant IDS staff
member. At Mulawa, however, all new receptions undergo an AOD Assessment. If
the intake screener identifies the need for urgent intervention the appropriate action
should be taken, ego Referral to the Risk Intervention Team.
7. The Manager, Programs is to ensure that all inmates who meet the criteria for a full
assessment are properly referred.
48.
8. Following completion of the General Screening Profile form the Checking Officer (a
staff member who has not directly screened the inmate, but provides a checking
mechanism) is to collect the case management file and then transfer any relevant
information on to the ALERT section of the case management files as well as the
OMS screen. An Alert regarding disability MUST FIRST be conJlrmed with the
Disability Services Unit prior to placement on OMS.
9. The Manager, Programs and Services is responsible for ensuring the following alerts
are entered in OMS and that documents supporting these alerts, together with an
alerts report, are contained in the ALERTS section of the case management file:-
medical, disability, association, placement, public interest, self-harm
10. Remand inmates who have been sentenced and have been through the Screening and
Induction Process are to be fast-tracked to the next Case Management Team (CMT)
meeting for Initial Case Management Plan and classification. There is no need for
another Intake Profile and Initial Case Management Plan to be completed for remand
inmates who return to the centre as sentenced inmates. However, their security rating
should be re-assessed if they are clear of all Court. The checking officer is
responsible for checking the Intake Profile Form and signing it off. This must be
done as soon as possible after the interview and prior to the Initial Case Management
Team meeting. At the MRRC a Deputy Manager, Induction, Screening and
Classification is responsible for the checking of the Screening
Form.
11. Affirmative responses to questions relating to suicide ideation or plans require a
referral on the Mandatory Notification Form to the Risk Intervention Team (RIT) or
(RAlT in the MRRC). Refer to Operations Procedures Manual, 13.3 and following.
12. In cases where a General Screening Intake Profile has been conducted within the last
three months, and the inmate has been returned to custody, the Screening Officer or
Case Management and Classification Co-ordinator is to request the previous Intake
form to be forwarded from the Discharge Summary Unit. This will negate the need
to conduct a General Screening Intake Proffie again.
CRITERIA FOR FULL ASSESSMENTS
Inmates must meet the following Criteria on the Intake Profile Form (S3F5Pl) if they are to
be referred for a Full Assessment:
AOD Assessments
Inmates must undergo a Full Assessment when they score positively on any of the questions
C2 to C6 in the Intake Profile Form.
Psychology Assessments
There are 3 classes of Psychology Assessments that can be conducted when inmates meet the
following criteria in sections B, D and/or E of the Intake Profile Form.
49.
General Psychological Assessments
Inmates must undergo a Full Psychological Assessment if
Serious violence was involved in the offence or alleged offence (Question B1 0), or
The violent offence involved a family member, friend or child as a victim (Question
B2), or
The inmate has a diagnosis and/or history of mental illness, personality disorder or
severe behavioural disturbance (Question D2 and CHS assessment), or
There is current concern about mood - inmate is highly agitated, withdrawn,
depressed or appears hopeless about the future (Questions D3-D7, Lodgement, CHS
Screen).
Intellectual Disability Assessments
Inmates must be referred to the Psychologist for an intellectual assessment if:
affirmative answers are given to any three of the questions E1 to E7, or
there is an affirmative answer to either of the behaviour observations (E8 or E9).
Sex Offender Assessments
Inmates must undergo a Full Sex Offender Assessment (by local or Sex Offender Program
Psychologists, through the Regional Senior Psychologist, using actuarial screening method -
refer section on sex offender programs) if:
The offence/alleged offence is of a sexual nature, or the inmate is known to have
connnitted a sexual offence, charged or not.
Fun Education Assessments
Inmates must undergo a Full Education Assessment if they score positively on any of the
following questions:
If the inmate left school at age 15 or younger (Question F1), or
If the inmate left school before the end of year 10, grade 10 or 4th form (Question F1),
or
If the reading ability is assessed as "NolPoor" (Question F6), or
lithe ability to write is ''No'' or "Uncertain".
50.
Full Social Assessment
Inmate must undergo a Full Social Assessment if they score positively on any of the
following points:-
First time in custody (LodgernentIPDF), or
AboriginallTorres Strait (LodgementIPDF), or
Interpreter required (LodgernentIPDF), or
Safety concerns re- children/family (Question G 1), or
Urgent assistance is required for family (Question G2), or
Immediate needs of the inmate require immediate intervention (Question G3), or
Inmate is the primary Carer (Question G4), or
Inmate has a Community worker (Question G5), or
Has fears/concerns re- custody (Question G6)
51.
FULL ASSESSMENTS
Responsibility:
" Manager, Programs and Services
.. IDS Staff
.. Case Management & Classification Co-ordinator (Deputy Manager, Screening,
Induction and Classification, MRRC)-
.. Case Manager
LegislationIPoIicy:
Procedures
1. Individual IDS staff are to carry out Full Assessments on new receptions as indicated
on the General Screening Profile Form (S3F5). These are designed to assist in
developing an appropriate and relevant case plan for the inmate. These should be
done after the Initial Screening and before the Initial Case Management Team
meeting. However, the Full Assessments can be completed at the centre of
placement when it is determined at the Reception Centre that the timing of the
assessment is not critical
2. The IDS staff member is to review the information on the case management me
before interviewing the inmate. The case management me should be present
when the inmate is being interviewed.
3. If the IDS member conducting the relevant Full Assessment uncovers an urgent need
stbe should address the need innnediately, or pass on the information to a member of
the IDS discipline relevant to the need. The Case Management Team must be made
aware of any action taken.
4. The IDS member is to explain the reason for the interview and explain the inmate's
obligations regarding the voluntary answering of questions. (Any queries or concerns
inmates have regarding the interview, or the use and storage of information, should
be dealt with before commencing the assessment).
5. The IDS member is to complete the interview using the relevant section of the Full
Assessment FonD, file the summary of the interview on the case management file.
6. In the case of an AOD Assessment, the IDS member is to ensure that relevant
information from the Corrections Health Service (CHS) is available.
7. The Psychologist should likewise take care to note the reason for the assessment.
(Intellectual Disability, Suicide, Sex Offence).
52.
8. IfCRS Screeners made the referral for Assessment, ego in the case of AOD or
Psychology, a copy of the summary and recommendations is to be given to the Clinic
Nurse for the medical file.
9. The Welfare. Officer when completing an interview of an inmate who is Aboriginal
and/or 'First Time in Custody' is to be mindful of the vulnerability of the inmate to
self-hann or suicide.
10. If the IDS staff member conducting the Assessment believes there is a risk of self-
hann or suicide, the Risk Intervention Protocol is to be immediately put into effect.
11, When a psychologist assesses that an inmate has an intellectual disability as set out by
the Disabilities Policy he/she is to complete a Management Program Notification
Form and hand it to the Case Management and Classification Co-ordinator who is to
contact the Disability Services Unit to determine whether an Alert should be entered
on OMS (privacy issues). and fax a copy of the form to the Manager, Disability
Services Unit.
12. Assessment staff should inform the inmate of the following:
what will happen to the information collected.
where it will be stored.
if there are to be any full assessments - when, where and who will be
conducting them.
in the case of the final assessment - when and where the inmate can expect to
meet with the Case Management Team, what to expect, and how to prepare
for the initial case management meeting.
13. Where the inmate is sentenced and satisfies the statutory defmition of a 'serious
offender', any full assessment is to be copied and sent to Executive Officer and
Registrar of the SORe for inclusion on the inmate's file held by the Secretariat.
53.
INDUCTION PROCESS
Responsibility:
.. IDS Representative
.. OIC Reception Room & Reception Room Staff
.. Case Manager
,.. Case Management & Classification Co-ordinator
,.. Wing Officer
.. Clinic Staff
LegislativeIPolicy:
ACO 2000/021 Inmates Undergoing Induction, Screening and Assessment
Clause 26 states:
"As soon as practicable after an inmate is received into correctional centre the governor of
the correctional centre must inform the inmate, or cause the inmate to be informed, of,.the
correctional centre rules, the inmate's obligations as to discipline and conduct and rights to
legal representation, authorised methods of seeking information and making complaints, the
functions of the Serious Offenders Review Council relating to the segregation and placement
in protective custody ofinmates ... and any other matter necessary to enable the inmate to
understand the inmate's rights and obligations and adapt to living in a correctional centre. "
Procedures:
1. The Manager, Programs and Services is to coordinate the Induction Program at the
centre, making available resources, including inmate handbook, legal resources (in
library), departmental videos. An inmate with a custodial term ofless than 12
months is to be given a short term custody me; a custodial term of 12 months or
greater the normal case management me. While inmates on remand should
usually be given a short term custody me, if the offence is serious and in all
probability will result in a sentence of 12 months or greater, the normal case
management fIle is to be issued.
2. Staff at all centres have a responsibility for induction and, in reception centres, are to
explain to the inmate the progression through the Screening Process. They should
give the inmate any handbooks relevant to life-in-custody including the Inmate
Handbook along with any handouts and pamphlets related specifically to the
receiving centre eg mail address, visits etc. The Induction Video(s) are to be shown to
inmates at this stage. An inmate delegate should whenever possible, assist with
the induction process.
54.
3. Particular care must be taken with inmates identified as having a disability to ensure
that infonnation is conveyed clearly (Interpreter Services ego deaf inmates, may be
required) and that a check is made that the inmate has understood. It is not sufficient
to ask if he/she has understood - regular checks for understanding need to be asked
by getting the inmate to report in his/her words what has been discussed.
Understanding of critical infonnation must be re-checked several times at intervals
during the induction process.
4. An Induction Meeting is to be held in all Reception Centres on a regular basis (eg.
daily, weekly). The IDS representative is to explain the services available through the
IDS staff along with their location and available times. They should also inform the
inmate of the clearest and qulckest method of referral.
5. The Wing Officer is to explain issues relating to, for example: discipline, buy-ups,
phone calls, staff roles, musters, meals, employment.
6. The CMT Chairperson is to give a general explanation of case management, the role
of the Case Officer, and the programs available at the centre. Where applicable, the
Chairperson is to inform the inmate that he/she is subject to management by the
SORC or by its sub committees.
7. The Clinic Staff have responsibility for explaining the services available at the Clinic,
its location, the times for visits. They will also inform the inmate of how to make an
appointment to visit the Clinic.
8. A nominated inmate Development Committee representative is, whenever possible, to
be present during the Induction meeting to assist inmates with infonnation about the
centre and how best to adapt to life in custody.
9.
10.
Induction at Centres of Classification
Similar procedures to those outlined above are to apply for inmates received at their
centres of placement.
Inmates Transferred from other Centres
The above induction procedures do not apply for inmates received in transit from one
centre to another, however, local infonnation is to be supplied at their Reception
Committee meeting.
11. Record of Induction
Inmates are required to sign a form stating they have been informed of the relevant
induction infonnation. These forms are to be filed on their case management files.
55.
12. Additional Information for Women
Handouts detaI1ing the Mothers and Children Program, eligibility for the prograIll and
how to apply are to be given to women. If an inmate completes an application (blue
form) for inclusion on the Mothers and Children Program, it is to be sent to the Co-
ordinator, Mothers and Children PrograIll by the Case Manager. (Refer section
Mothers and Children PrograIll)
56.
10 INITIAL CASE PLAN AND CLASSIFICATION
Responsibility:
... Director, Classification and Case Management
... Assistant Director, Classification and Placements
... Governor
... Area Manager
... Case Manager
... Manager, Classification and Placement (Deputy Manager, MRRC)
... Other designated staff as required
... Inmate
,.. Disability Services Unit
NOTE: This Section should be read in conjunction with Section 13 'Classification'.
LegislationIPolicy:
Refer to OPM section 18 External Leave Programs
Clause 13 states:
(1) "There is to be a Reception Committee at each correctional centre at which inmates
are initially received after sentencing or for the purpose of their being held in custody
otherwise than because of a sentence. "
(2) "A Reception Committee is to be comprised of such persons as the Commissioner
determines. "
The following centres are reception prisons: Bathurst, Broken Hill, Cessnock,
Goulburn, Grafton, Junee, Mannus, MRRC, Mulawa, Parklea, Tamworth, Berrima.
The functions of a Case Management Team at the initial reception interview
build on, and are a continuation of, the Reception, Screening and Induction
Process. At this stage all the information that has been assembled on an inmate
is to be used to develop an appropriate initial case plan (See section on Case
Management Team).
57.
Clause 15 states that:
(1) "When a short-term prisoner, an unconvicted inmate, an appellant or a civil inmate
(contempt of Court) who has not previously been classified under this division is
initially received into correctional centre, the Reception Committee at the pnson is to
make a personal assessment of the inmate and a recommendation to the
Commissioner on:
(a) the prisoner's classification and placement, and
(b) a developmental program for the prisoner." (developmental program= case
plan)
This section is to be read in conjunction with the sections on Case Management, Case Plan,
Classification and Transgender Inmates.
Procedures: (Refer also section Classification - generic procedures)
1. The Case Manager is to convene a meeting of the Case Management Team (CMT)
(CMC in the MRRC) to develop an initial case plan including classification and
placement, for every newly received inmate from court. The initial case plan must be
developed based on risk and criminogenic needs, (Refer section Case Management)
and on resources (programs) available to the Department. The case plan must be
negotiated with the inmate.
2. The Case Management & Classification Co-ordinator is to arrange for the case
management file and the warrant file for each inmate to be available at the meeting
for the CMT to examine prior to making a recommendation [CMC in the MRRC
performs this function).
3. The Case Management and Classification Co-ordinator is to check for any history of
escape through Conviction and Sentences (Escapes & Breaches), Escape Register and
Probation and Parole Menu (ORSIPIMS) in accordance with the Initial Escape and
General Checklist.
4. The Case Management & Classification Co-ordinator or the Case Manager
(determined by local decision) is to make sure that the required initial documentation
is on the case management file: a P AMF/P472-Police FOnD; Probation & Parole
Summary fOnD; Court forms (Lodgement Form and Inmate Identification and
Observation Form); a Discharge Summary (if a prior offender); a copy of the CHS
Health Status Notification FOnD; any medical alert fOnD; a copy of any Health
Problem Notification FOnD; Welfare Assessment 1 (Crisis Assessment); Intake
Profile FOnD; any Full Assessment forms; any Case Notes and/or Risk Intervention
(Mandatory Notification) information, Escape Check List and the OMS sentence and
conviction printout. OMS Case Management Printout when available. When
available, the following also must be made available: Judges comments, court
depositions, pre-sentence reports, psychological and/or psychiatric assessments, risk
assessments, sex offender assessment form
NB The Officer who obtains the information is responsible for having the information
placed in the case management file.
58.
Page 58, pt 3 add as part of pt 3
A check is also to be made to detennine if the inmate has any previous sex offeuces. Should
it be discovered that the inmate has a prior sex offence the Regional Senior Psychologist is to
be notified. Helshe is to ensure that a risk assessment has beeri conducted in line with Sex
Offender Policy.
(Approved 25.11.00)
5. The Case Manager is to chair the meeting and ensure the required quorum is present.
(Deputy Manager Classification, MRRC) When circumstances require, the initial
case plan and classification functions can be carried out by a Case Management
Team made up of two designated officers at a centre and an officer with delegation to
classify. In the case ofunconvicted inmates, the Case Manager and one member of
IDS staff constitute a quorum for the purposes of making a recommendation to the
Case Management Committee. (DMC in MRRC plus one IDS staff member
constitute the Reception Committee and Review Committee for remand inmates).
6. The Case Management Team (CMC in the MRRC) is to involve the inmate in the
decision making process by providing the opportunity to have input into the case plan
and to respond or argue a case for an alternative placement or classification. Program
and placement options are to be presented to the inmate, with hislher preferences
recorded. (Refer also to Section 14 Reviews)
Before a placement decision is made regarding the placement of male inmates with
intellectual disability, contact MUST be made with the Disability Services Unit.
Placement in special units for inmates with intellectual disability should only be
made following discussion with the Disability Services Unit. Transfers or
change of placement of inmates from special units should only be made
following advice from the Manager, Disability Services Unit.
7. The CMT (CMC in the MRRC) is to give consideration to any risk/need assessment
results, the nature of the offence and the nature of the inmate's criminal record which
are important indicators of an inmate's security risk, as well as previous criminal
history, age, whether or not further charges are pending, escape history, apparent
stability and previous history in custody, ie. punishments, segregation.
8. The Case Management Team (CMC in the MRRC) is to explain the principles of case
management to the inmate and make clear that he/she will be expected to follow the
agreed Case Plan. The role of the Case Officer is to be explained and a Case Officer
is to be allocated if considered appropriate. (Refer section Case Management Team)
9. For inmates with a sentence length of 12 months or greater, the initial case plan
must reflect the intention of having the inmate participate in External Leave
Program(s) at the appropriate time in his/her sentence (Refer OPM section 18
External Leave Program criteria). Case plan requirements, possible time frames
and any application requirements must be clearly explained.
The name of any aboriginal inmate with a sentence length of 12 months or
greater is to be forwarded to the Manager, Classification & Placement,
mdigenous mmates (Classification & Case Management Branch, Newington
House, Silverwater Complex). Names of inmates who meet the criteria for
placement at Brewarrina Correctional Centre are also to be forwarded.
59.
10. When completing the Initial Case Plan form the Chairperson is to explain to the
inmate the factors that affect his classification, placement and management:-
convictedlunconvicted
protection/not protection
nature of offence
length of minimum period of custody/and sentence
assessed risk/need factors
previous criminal record
previous custodial history and conduct in custody
vacancies in centres
Where an inmate is identified as 'public interest', 'escapee' or 'serious offender', the
implication of these designations must be fully explained to them, particularly
progression through minimum security to extema1leave programs.
11. If the inmate wishes to be on protection, the reasons for the inmate's request
should be fully discussed and the advantages and disadvantages of protection
status, together with alternatives to protection, explained to the inmate so that
the inmate is better informed prior to seeking protection.
12. When an inmate was discharged from custody as a minimum security inmate through
the ERC process on hislber last episode in custody, the corrnnittee determining the
initial classification on hislber sentence on return to custody must send the particulars
of the inmate to the ERC with a recommendation on a suitable classification level.
The ERC should schedule consideration of a classification for the inmate at its next
meeting. Until the ERC considers the inmate, the inmate must be classified EIIE2
and transferred to an appropriate centre of classification. This does not apply to
unsentenced inmates who will remain EIUIE2U.
13. The Chairperson is to complete the relevant sections of the appropriate Initial Case
Plan and Security Risk Rating Form (S2FIPI-PI4) with respect to security
classification and placement. (Sections in the form which refer to more detailed case
plan supervision requirements may be left for the CMT at the centre of placement to
complete.) Pages 8, 9 & 10 (objective rating) are to be taken as a guide only.
14. The Chairperson is to request the inmate to sign the Initial Case Plan Form and, if the
initial recommendation for a sentenced inmate involves placement in open conditions
at a centre, that the inmate understands slbe wI11 have to sign the Transfer to a
Minimum Security Correctional Centre "Inmate's Undertaking" Form (S2F21Pl).
15. Careful consideration is to be given to the placement of aboriginal inmates so that,
whenever possible, they ae placed near their families (Recommendation 168 of the
Royal Corrnnission Into Aboriginal Deaths In Custody), and to Australian Capital
Territory ACT) inmates. (Refer following pages in this Section)
16. All the members of the CMT (CMC in the MRRC), as well as the inmate, are to sign
the Initial Case Plan and Security Risk Rating Form.
60.
NOTE: The Govemor of the correctional centre is not required to make comment on
an in initial classification.
17. The Case Management & Classification Co-ordinator is to enter the recormnendations
in the ICC screen and retain the forms for the consideration of the Case Management
Committee. (Exception applies to MRRC - see point 15 above)
18. The CMT at the centre of placement is to review and develop the case plan of the
inmate on reception in accord with programs available in the centre, and may review
the initial classification decision if such action appears warranted.
19. The Case Management & Classification Co-ordinator is to identify serious
offenders and notify the Executive Officer and Registrar, the SORC using the
Management Programs Notification Form (S2F20Pl). Inmates who are
identified as public interest inmates, do NOT need to be notified to the SORC,
BUT this information must be entered on to the OMS (hot key = mT)
The responsibilities of the Case Management & Classification Co-ordinator pursuant to this
section are as follow:
Identify new receptions
Check initial documentation is on case management fIle
Prepare OMS sentence & conviction printout
Check alerts have been entered where required
Check warrant fIle for nature of offence & other relevant facts
Check escape! past custodial record
Identify Public Interest inmates
IdentifY serious offender inmates and fax the Programs Notification
Form to the Executive Officer and Registrar, the SORC (fax (02) 9289
5047)
Ensure Initial Case Plan & Security Risk Rating Form is completed and
signed
Enter ICC screen and forward recommendations to CMC
Complete s23 escort request, forward signed form to Movements Co-
ordinator when CMT recommendations for transfer are approved by
CMC
Forward CMC decision to Case Manager for inmate to sign as
acknowledgement of the CMC decision
61.
MEMORANDUM OF UNDERSTANDING BETWEEN THE AUSTRALIAN
FEDERAL POLICE, AUSTRALIAN CAPITAL TERRITORY CORRECTIVE
SERVICES, AUSTRALIAN CAPITAL TERRITORY YOUTH JUSTICE SERVICES
AND NEW SOUTH WALES DEPARTMENT OF CORRECTIVE SERVICES
NOTE: On the 23 August 1999, ACT Youth Justice Services amalgamated with ACT
Corrective Services. However, for the ease of understanding the processes
involved in the exchange of infonnation between adult and juvenile facilities,
ACT Youth Justice Services and ACT Corrective Services will be treated in
this MOU as separate organisations.
1 INTRODUCTION
The Memorandum of Understanding was signed off by Commissioner Keliher (NSW)
on 20 September 1999, having been signed by relevant ACT signatures in August
1999.
1.1 This Memorandum of Understanding (MOV) constitutes an understanding
between the Australian Federal Police, the Australian Capital Territory
Corrective Services, the Australian Capital Territory Young Justice Services
and the New South Wales Department of Corrective Services.
1.2 This MOU is promulgated in support ofreconnnendations 130 and 166 of the
Royal Commission into Aboriginal Deaths in Custody.
1.3 This MOU provides:
a. for the transfer, between the signatories, of infonnation concerning the
physical or mental condition of a person which may create or increase
the risk of death of injury to that person or any other person; and
b. the establishment of procedures for the transfer of such infonnation
together with the necessary safeguards to protect the rights of privacy
and confidentiality of the individual prisoners to the extent that is
compatible with their continuing safe care.
2 DEFINITIONS
2.1 "In Custody File" is a file created by an agency that has first custody of a
person in the ACT and records infonnation relevant to the person's health and
legal status.
2.2 "Signatory agency" refers to an agency that is party to this MOV.
2.3 "Discharge Summary" is a NSW Corrective Services record for a former
inmate, which records infonnation relevant to the safe and secure custody of
that prison (see attached).
62.
3 COLLECTION OF INFORMATION
3. 1 In accordance with Privacy Principles 2 and 11, under section 14 of the
Privacy Act 1988, prior to obtaining information from a person in custody that
person shall be advised of the purpose for which the information is being
obtained and the proposed use of the information.
4 IN CUSTODY FILE
4.1 To facilitate the transfer of information between the parties, an "In Custody
File" shall be created, by the signatory agency that first has custody of a
person.
4.2 Each file created by a signatory agency should be clearly marked with the
initiating agency's name and address.
4.3 Each file shall contain all available information which may be relevant to the
continue safe custody of the person together with a photograph ofthat person.
4.4 All files shall be clearly marked with a 'Privacy Statement" concerning
restrictions on the use of the information contained in the file.
4.5 From available information, it will be ascertained that a person in custody may
fall into a certain risk category, ego depressed, violent, Aboriginal or Torres
Strait Islander, medical conditions, etc. The parties acknowledge that it is
important the initial risk category or categories be clearly identified within the
file.
4.6 The parties acknowledge that as the information contained in the file may be
sourced from various avenues, its accuracy cannot be guaranteed. The parties
mutually agree that a statement to this effect will be conspicuously included
within the file at the start of the information.
4.7 A file movement registry will be included in each file.
4.8 In accordance with Privacy Principle 5, under section 14 of the Privacy Act
1988, the files mut be securely stored and movement of files recorded.
5 FILE USE AND INFORMATION TRANSFER
5.1 An "In Custody File" shall be raised for all persons held in custody where
custody of the person is to be transferred to another person or agency.
5.2 Any information, which may affect the continue safe custody of the person,
should be added to an existing file.
63.
5.3 In accordance with Privacy Principle 8, under Section 14 of the Privacy Act
1988, on the transfer of custody form signatory agency to another, the person
in custody shall be invited to provide further information, which may assist
with the continued safe custody of that person.
5.4 Should another risk category develop whIlst the person is in custody this
should also be added to the file.
5.5 Where custody of a person is transferred, a file shall accompany the person.
5.6 When a person is released from custody, the custody file shall be returned to
the originating agency.
5.7 When the originating agency receives a file of a person who has been released,
the file shall be dealt with in accordance with the requirements of the
Archives Act 1983.
6 NEW SOUTH WALES DEPARTMENT OF CORRECTIVE SERVICES
6.1 When a person is placed into the custody of ACT Corrective Services, Act
Corrective Services will fax a "Discharge Summary Request Form" to the
Medical Records Administrator NSW Corrective Services.
6.2 Within 24 hours of this request, NSW Corrective Services will provide ACT
Corrective Services with a completed Discharge Summary for any person in
the custody of ACT Corrective Services who may have served a previous
period of custody in NSW.
6.3 Should no Discharge Summary exist for the person in custody, NSW
Corrective Services will advise ACT Corrective Services within 24 hours of
the request, that no such record exists.
6.4 Due to the numbers of persous under their control and protection. New South
Wales Department of Corrective Services have special requirements regarding
the transfer of information from facility to facility within the organisation and
the transfer of information between them selves and other organisations. It is
therefore necessary to include the following:
a. on receipt of an "In Custody File" at a New South Wales corrections
facility the contents of the file should be noted and relevant details
copied to the "Attention Details of the Case Management File; and
b. on receipt of an "In Custody File" or "Discharge Summary", the
Australian Capital Territory agency will complete an
acknowledgement form that WIll be placed on the Case Management
File of the inmate and be held in the Case Management Records
Centre.
64.
7 ACT YOUTH JUSTICE SERVICES
7.1 Operational procedures will be developed between ACT Youth Justice
Services and ACT Corrective Services to facilitate the transfer of information
for separate periods of custody.
65.
AUSTRALIAN CAPITAL TERRITORY (ACT) INMATES
An ACT inmate is an inmate convicted by an ACT Court for an offence committed against
the laws of the ACT These inmates are received at Goulbum Correctional Centre.
The ACT Parole Board has responsibility for the release to parole of inmates convicted in the
ACT All correspondence concerning ACT inmates should be forwarded to:
The Secretary
ACT Parole Board
GPO Box 158
Canberra ACT 2601
Telephone (02) 6207 0744
Facsimile (02) 6207 5246
The Board requires that a conduct report and a parole report should be forwarded for each
inmate in order to reach the Board at least 6 weeks prior to the expiration of the inmate's
ACT non-parole period. The Sentence Administration Unit acts as a liaison and
dissemination point for information relating to ACT inmates and inquiries may be directed to
that unit.
Placement of ACT Offenders
Given that many of the inmates convicted under Australian Capital Territory (ACT)
legislation originally resided in the ACT or their families reside in the ACT, the Department
has decided that this category of inmate ,as far as possible and when appropriate, is to be held
in Correctional Centres that are in close proximity to the ACT Case Management Tearns are
to recommend that this category of male inmate, unless special circumstances exist, be placed
only at the following Correctional Centres: (Refer section Correctional Centres)
Goulbum maximum, medium and minimum security inmates
Junee protection (medium and minimum security inmates)
Mannus minimum security inmates (C2, C3)
Case Management Tearns and Case Management Committees should favourably consider
requests by ACT offenders to be held at alternative correctional centres, providing they meet
the criteria for placement at the nominated centre.
66.
FEDERAL INMATES
A Federal imnate is an imnate convicted of an offence against the Connnonwealth of
Australia, regardless of the location of the Court. This includes imnates convicted of a
Federal offence by an ACT Court.
The Federal Attorney General has responsibility for the release to parole of imnates convicted
of Federal offences.
All correspondence concerning Federal imnates should be forwarded to:
Parole and Remissions Section
Attorney General's Department
National Circuit
Barton ACT 2600
Telephone (02) 62506816
Facsimile (02) 6250 5920
The Federal Attorney General's Department requires that a conduct report and a parole report
are forwarded to reach the above address:
1. in the case of an imnate with a Federal sentence ofless than 10 years, 3
months prior to the expiration of the Federal non-parole period; or
2. in the case of an imnate with a Federal sentence of 10 years or more, 5 months
before the expiration of the Federal non-parole period.
A written reminder will normally be forwarded by the Federal Attorney General's
Department through the Sentence Administration Unit in sufficient time to meet the above
deadlines.
67.
11 INTERSTATE TRANSFER OF INMATES
The Prisoners (Interstate Transfer) Act 1982 makes provision for inmates from NSW to be
transferred to other states and for inmates in other states to be transferred to NSW. The
grounds for such a transfer can be for welfare purposes or to face criminal trial. In the latter
case, if an inmate transferred to NSW receives a longer sentence in NSW than the one being
served in another state the inmate will serve the longer sentence in NSW. Similarly when an
inmate from NSW is transferred to another state to face criminal trial and receives a sentence
longer than the one being served in NSW, the inmate will remain in the other state to serve
the longer sentence.
Although inmates transferred from other states to NSW, for welfare purposes, have their
sentences recalculated according to NSW legislation, the fact that there are no remissions in
NSW can mean that they are disadvantaged in the long term. Regardless of what
classification they hold in the other state, they will be classified according to NSW policies.
All centres should have copies of the application forms required for an inmate to apply for
interstate transfer. Enquiries should be made to the Director, Sentence Administration.
When the Governor receives an application on Form 1 from an inmate he/she shall:
a. prepare and attach to the form a statement of convictions and sentences in
respect of which the inmate is currently detained in custody, setting out the
minimum term and additional term;
b. prepare and attach to the request a comprehensive report on the inmate's
conduct and behaviour while in the correctional centre.
The form and attachments are to be forwarded to the Director, Sentence Administration Unit
at Head Office.
A copy of the request is to be forwarded to the local Probation and Parole Officer. That
officer will prepare and forward to the Director, Sentence Administration:
i) a detailed report on the request; and
il) an expression of opinion as to whether or not the transfer of the inmate to the
participating State would be in the interests of the welfare of the inmate.
During the period from when an inmate's request is forwarded to Head Office and a decision
is made, the Governor shall advise the Director, Sentence Administration Unit in writing if
a. the inmate has been removed permanently to another correctional centre or
hospital;
b. there has been any variation to the sentence or release date;
c. the inmate has been found guilty of any correctional centre offence.
68.
j
1
Trial Transfers
The transfer of an inmate to a participating State for trial may be initiated by:
a. the inmate upon written request on Form 3 (Prisoners (Interstate Transfer)
Regulation 1999)
b. the Attorney General of a participating State.
An inmate may apply on Form 3 for transfer to a participating State for the purpose of being
dealt with according to law. The inmate should include details of the outstanding charges in
the application.
Upon receipt of a Form 3, the Governor should send to the Director, Sentence Administration
Unit, a report containing details of convictions, sentences, minimum terms of imprisonment,
period of imprisonment served and a copy of any record relating to the inmate's conduct
whilst in the correctional centre.
Where the Attorney General ofNSW receives a request from the Attorney General of a
participating State for the transfer of an inmate to that State for the purpose of being dealt
with according to law, the Attorney General ofNSW may (through the Minister of Corrective
Services) inform the inmate of the request and seek the inmate's comments in writing. The
inmate must make hislher comments within 14 days of receipt of such advice.
An inmate who transfers interstate on trial grounds and receives a sentence greater than the
period of imprisonment remaining to be served in NSW will remain in the other State.
Witness Transfers
The transfer of inmates between States for the purpose of acting as witnesses is covered by
the Commonwealth Service and Execution of Process Act, 1992. Under this legislation a
Court Order must be obtained by the requesting State.
Witness transfers between states are managed through the Sentence Administration Unit.
Transfer of Infonnation Under Duty of Care
1. A Discharge Summary is to be prepared by the Case Manager and placed in section 2
of the In Custody File (this is not the inmate's case management file, but a special file
designed for transfer to other jurisdictions - single copies are available from the
Records Centre, Silverwater Complex).
2. The complete Alert Section from the Case Management FI1e is to be photocopied and
placed into section 1, In Custody File.
69.
3. Release OfInfonnation Contained In The NSW Department of Corrective Services
Case Management File (Form S2F2) is to be completed with the inmate, and hislher
signature obtained. This is to be filed in the inmate's case management file, section
2.
NOTE: Refer also section Inmates Liable for Extradition.
70.
I
j
12 RELEASE OF INMATE DETAILS
Responsibility:
, All staff
LegislationIPolicy:
Privacy & Personal Infonnation Protection Act 1998 (PPIP Act)
Ombudsman's Act 1974
Crimes <Administration of Sentences) Act 1999
Section 257 Disclosure ofInfonnation
Section 267 Records and Infonnation available for research work
Inmate Case Management Policy
ACO 96/127 Provision ofInformation Concerning Inmates and Ex Inmates
The PPIP Act sets out the circumstances in which public sector agencies may collect, use and
disclose personal infonnation. Section 4 ofthe Act defines "personal infonnation" as:
" ... information or an opinion (including information or an opinion forming part of a
database and whether or not recorded in a material form) about an individual whose identity
is apparent or can reasonably be ascertained from the information or opinion.
Personal information includes such things as an individual's fingerprints, retina prints, body
samples or genetic characteristics".
Part 2 of the Act sets out the 12 "infonnation protection principles" which specify the
requirements for collection, use, storage and disclosure of personal infonnation.
Generally, the following rules apply:
personal infonnation may only be collected for a lawful purpose;
personal infonnation about any individual (which includes, offenders, staff and the
public) may only be collected directly from the individual concerned unless that
individual consents to such personal infonnation being collected from another source;
individual should be informed of the purposes for which personal infonnation is
being collected and how that personal infonnation will be used;
the collected personal infonnation must be collected for a relevant purpose and must
not intrude to an unreasonable extent upon the personal affairs of an individual;
collected personal infonnation must be securely stored;
71.
individuals should be able to find out what personal infonnation an agency holds
about them and why;
an agency should not use personal infonnation without ensuring that it is accurate and
up to date; and
personal infonnation should not be used for any purpose other than the purpose for
which it was collected and nor should it be disclosed to another person or body
without authority.
It should be noted that the Act contains various exemptions to each of the 12 principles.
Generally, any personal infonnation which is collected, used or disclosed in accordance with
any Act or Regulation will not breach the PPIP Act. It is pennissible to disclose or exchange
infonnation with courts and tribunals; the police; and investigative agencies such as the NSW
Ombudsman and the Independent Commission Against Corruption.
All staff should endeavour to comply with the spirit, and intent of the Act, in particular,
personal infonnation should not be provided toa person by telephone unless the identity of
the person and their authority to receive the infonnation has been satisfactorily established.
As a general rule, staff should follow the guidelines set out in ACT 96/127 "Provision of
Infonnation Concerning Inmates and Ex-inmates" which is reproduced for your infonnation.
Staff are also required to comply with the provisions of section 257 of the Crimes
(Administration of Sentences) Act 1999 which provides that infonnation obtained in
connection with the administration or execution of that Act must not be disclosed unless that
disclosure is made with the consent of the person from whom the infonnation was obtained,
or in the administration or execution of this Act, or for the purposes oflegal proceedings, or
in accordance with the Ombudsman's Act 1974, or for other lawful excuse.
REQUESTS FOR INFORMATION BY PERSON(S) OUTSIDE EXEMPTIONS OF
THE ACT
a. Inmates in Custody may not have any detruls from their case management file or
infonnation held in OMS released to person(s) not employed by the Department,
excluding CRS staff and exempted bodies, or organisations without signed authority.
This authority must detail exactly what infonnation is sought and the purpose the
infonnation will be put to. The inmate's signature should clearly represent what the
inmate understands is to be released and his/her agreement to this release. The
receiver of the infonnation must enter into a signed confidentiality agreement relating
to any received infonnation.
b. Inmates Not in Custody cannot have any details released from their case
management files unless the above requirements for inmates in custody are fuJfilled.
c. Inmates being Transferred to Other Jurisdictions must have case management file
infonnation transferred according to procedures outlined in the relevant section
(Refer section Interstate Transfer oflnmates)
72.
13 CLASSIFICATION
Responsibility:
.. Director, Inmate Classification & Case Management Branch
.. Assistant Director, Classification & Placement
.. Govemor
.. Case Management Connnittee
.. Managers, Classification & Placement
.. Deputy Managers, Classification & Placement (MRRC)
.. Area Manager
.. Case Management Team
.. Case Manager
.. Case Supervisor
,.- Case Officer
,.- Case Management & Classification Co-ordinator
.. Serious Offenders Review Council
Classification is the process whereby inmates are designated a security rating that determines
the custodial environment in which they are managed. It is one of the most important
processes for ensuring the security of the correctional system. Staff who participate in the
process must maintain a constant awareness ofthe significance of this activity for ensuring
the safety of the community, staff and other inmates.
NOTE: There are two separate classification models - one for male and one for female
inmates. This section describes the generic system for both men and women with women
specific procedures following. The classification and placement of an inmate MUST be
an outcome of the inmate's case plan. (Refer section Case Plan) It is to be determined as
part of a comprehensive and detailed case pIan designed to address hislher individual
and identified needs.
In carrying out the provisions of the legislation there is to be a presumption that an
inmate will always obtain a significant rehabilitative benefit from programs, especially
external leave programs, unless hislher behaviour clearly indicates the contrary.
73.
LegisJationIPolicy:
Refer section Transgender Inmates (this manual)
CLASSIFICATION - MEN:
Clause 10 Classification ofInmates states that
"(1) Each male inmate must,for the purposes of security and developmental programs, be
classified by the Commissioner in one of the follOwing categories:
Category Al Those who, in the opinion of the Commissioner, represent a special
risk to good order and security and should at all times be confined in
special facilities within a secure physical barrier that includes towers
or electronic surveillance equipment.
Category A2 Those who, in the opinion of the Commissioner, should at all times be
confined by a secure physical barrier that includes towers, other
highly secure perimeter structures and electronic surveillance
equipment.
Category B Those who, in the opinion of the Commissioner, should at all times be
Category CI Those who, in the opinion of the Commissioner, should be confined by
a physical barrier unless in the company of an officer.
by a physical barrier at all times but who need some level of
supervision.
by a physical barrier at all times and who need not be supervised.
Clause 11 (5) states that:
A person has committed an escape offence if the person:
a. has been convicted of escaping, or of attempting or conspiring to escape, from lawful
custody, or
b. has been found by a court to have committed any such offence, or
74.
c. has admitted to such an offence for the purposes of section 21 (2) of the Crimes
(Sentencing Procedure) Act 1999 (or for the purposes of a similar provision in force
in ajurisdiction other than New South Wales, in the case of a similar offence
committed in that jurisdiction). "
Clause 11 (1) states:
as either an E1 or E2 or AI A2, or E, depending upon the date on which the inmate
committed the "escape offence". (Refer section Escapees & Escape Review Committee)
NOTE: "Escape Offence" is broadly defmed in the amended clause 11. It means more
than just escaping. It includes attempted escape as well as conspiracy. It also includes
those persons who were dealt with pursuant to s556A Crimes Act (NSW) 1900 and
those persons who have had offences dealt with on a schedule pursuant to the
provisions of the Criminal Procedure Act (NSW) 1986.
If the inmate committed the "escape offence" before 31 October 1988, then the
inmate is not subject to any restrictions on his classification. However, a history of
escape at any point of time is taken into consideration in the completion of a risk
assessment that gives rise to an objective security rating score. This score may
impact upon an inmate's classification rating.
If the inmate committed the "escape offence" on or after 31 October 1988 and prior to
18 May 1990 then the provision of clause 11 subclauses (1), (2) and (3) of the version
of clause 11 which was in the then titled Prisons (General) Regulation 1988 apply. In
other words, the male or female inmate can only have been classified as either AI, A2
or B. Under clause 11 subclause 7 of the current Regulation if one of these inmates
wishes to apply for a rninimmn security classification, then the Case Management
Team must firstly recommend the classification of the inmate to either an El or E2.
Once classified with an E security rating, the inmate is able to apply to the Escape
Review Committee for a reduction to a rninimmn security classification.
If the inmate committed the "escape offence" on or after 18 May 1990 and prior to 15
April 1996, then the inmate has to be classified as either El or E2. The inmate is able
to apply to the ERC for a reduction to a rninimmn security classification.
Category El Those who, in the opinion of the Commissioner, represent a special
risk to security and should at all times be confined in a prison specified
by the Minister as being a high security prison for the purposes of this
category.
Category E2 Those who, in the opinion of the Commissioner, should at all times be
confined by a secure physical barrier in a prison specified by the
Minister for the purposes of this category.
If the inmate committed the "escape offence" on or after 15 April 1996, the inmate
can apply to the ERC for a reduction to a rninimmn security classification.
75.
Procedures for Initial Classification & Review - Generic
1. The inmate who is having his classification initially set or reviewed must be
present during this classification process unless exceptional circumstances exist,
ego absent at medical appointment. Such circumstances must be noted on the
classification documents.
2. All forensic patients, that is inmates jointly managed by Corrective Services and the
Mental Health Tribunal, are to be given an appropriate security classification.
3. The Case Management Team is to ascertain whether an inmate is unsentenced or
sentenced and clear of Court (no further charges outstanding).
4. When classifying an unsentenced inmate the letter U is to be added to the prescribed
classification category to indicate that the inmate is unsentenced. There is provision
for U classifications to be entered into the OMS screen. Unsentenced inmates may be
classified to an A, B, Cl (Category 4, 3, 2 women) rating. NOTE: C1 U is to be
given to unsentenced male inmates in Parrarnatta Correctional Centre only.
5. Where there are outstanding charges and bail has been refused each male inmate must
be assessed individually, utilising the revised Objective Assessment Form and
Offence Severity Scale to determine an appropriate security classification. The nature
ofthe offence and any risk assessment results are major determinants of the level of
security required. The refusal of bail, in itself, is not an indication that the inmate
is a security risk.
6. If an assessment indicates that an inmate is a serious security risk, the Governor of a
centre which is not a maximum security centre can make a report under Clause 19 of
the Crimes (Administration of Sentences) (Correctional Centre Routine) Regulation
1995 to effect an immediate transfer.
7. If an inmate is on protection and wishes to remain on protection, or an inmates
wishes to go on protection, the reasons for the inmate's request should be fully
discussed. The advantages and disadvantages of protection status, together with
alternatives to protection, must be explained to the inmate so that the inmate is
better informed prior to seeking protection.
8. In determining an appropriate security classification for a sentenced inmate the Case
Management Team (CMC in the MRRC) must also bear in mind that the severity of
an offence is indicated by the length of the minimum tennfs imposed by the
Court/so Other important considerations are the inmate's previous criminal history
and behaviour in custody. Attention is to be paid to security level and related
behaviour when last released from custody. Special considerations apply to female
inmates. (Refer section Classification - Women)
9. The security classification and placement of inmates should, whenever possible,
largely be determined by an assessment of risk and criminogenic need factors rather
than by program performance, down to and including C2/Cat 2 level (Cl/Cat 2
serious offenders). Inmates assessed as being low risk should progress to these levels
without a pre-requisite for program participation.
76.
NOTE: Until fonnal assessment of risk factors for all inmates is automatic, the
security classification of inmates should not include a pre-requisite for program
performance ('Addressing Offending Behaviour') unless such a requirement is
reconnnended in specific tenns by the Sentencing Court or through assessment of an
inmate's behaviour while in custody. This is only to apply up to and including
C2/Cat2 (ClICat2 serious offender inmates).
10. Inmates assessed as being high risk and who refuse to participate in programs
available aimed at reducing their assessed risk factors are not to progress to a
minimum security level (Cl, C2/Cat 2, C3/Catl) until successful participation occurs.
11. All sentenced inmates who are known to have committed a sexual offence (even if
uncharged) must be referred to the Regional Senior Psychologist for a risk assessment
(Refer section Sex Offender Programs). Inmates with histories of sexual violence
must be screened to determine suitability for contact with children before being
allowed into situations (eg. visits) where such contact can occur.
12. A C2 inmate whose urine sample has provided evidence of illicit drug use within the
previous 6 months is not eligible to be considered for external programs or a C3
classification for a further six months. (Refer Section - Classification - Women for
female inmates)
13. Male inmates serving fixed or minimum tenns of six months or less are not eligible to
participate in any external pre-release program and are not to be classified below C2.
This restriction does not apply to female inmates. (See below)
Other matters to be considered when classifying inmates - Generic
14. Male inmates who are eliglble for Specialised Young Adult Offender or Adult
Nucleus Programs are to be identified for such programs and transferred directly to
the appropriate centre. (see Specialised Young Adult Offender under program
options for criteria and procedures) All Young Offenders should be screened using
the appropriate YAOP form upon arrival from Court.
15. Inmates with intellectual disability are to be referred to the Manager, Disability
Services Unit (Refer section Inmates with Disabilities)
16. An inmate who returns to custody, but has had a previous conviction for escape, must
be again classified in accordance with the requirements of clause 11 of the Regulation
(Refer Section 24 - Escapees and the Escape Review Committee (ERC However,
when the inmate was discharged as a minimum security inmate (through ERC
recommendation) from hislher previous episode in custody, the committee
determining the initial classification on a return to custody must send the particulars
of the inmate, with a recommendation on suitable classification, to the ERe. The
ERC should schedule consideration of a classification at its next meeting. The CMT
at the centre of placement is to ensure that particulars have been forwarded to the
ERe. Should this not have occurred the CMT is to make a recommendation on a
suitable classification for the inmate to the ERC. This does not apply to
unsentenced/inmates who will remain EIUIE2U.
77.
Page 77, Pt 11 Add after '(Refer section Sex offender Programs)'
Such inmates must have a further risk assessment, with the results available to the CMT (the SORC
& PRLC for inmates within criteria), when consideration for a C3/Cat 1 is occurring. A C3/Cat 1
. classification can only be given if the risk assessment indicates a low risk of sexually reoffending.
(Approved 6 April 2001)
17. An inmate who has been convicted of murder, or sentenced to natural life
imprisonment, or is required to serve a fixed or non parole period of 12 years or more,
is to be identified as a serious offender subject to the management by the Serious
Offender Review Council (SORC) and usually would initially be classified A2 (Cat
4) and referred, with a proposed case plan, to the SORC.
18. Inmates who have served a long period on remand, with good conduct, and have been
given a back-date, or clause 11 ( escapee) inmates, may initially be classified B, E 1 or
E2.
19. A Publidnterest inmate is to be recommended for a C3 (Cat 1) to the Pre-Release
Leave Committee through the CMT and CMC (see section on Public Interest).
When an inmate is identified as Public Interest, the Case Managernent &
Classification Co-ordinator is to request a copy of the judge's sentencing comments
from the Sentence Administration Unit at Roden Cutler House. (Refer to Forms
Section).
20. A category Al classification (at Goulburn Correctional Centre) signifies that an
inmate has been placed in the Intensive Case Management Program. It should be
noted that A2 and E classifications may also be placed in this program Special
procedures are to be followed in making this recommendation. (See section on
Intensive Case Management Unit).
21. Serious Offenders are not to participate in s.6 external work or supervised external
programs unless the Commissioner has given approval after considering a
recommendation from the SORC (Operations Procedures Manual 4. 12).
22. An inmate eligible for consideration for a C3/Cat 1 at the next review date, and when
that review date falls within the time helshe could be participating in External Leave
Programs under the criteria, is to be given an early review to ensure the full period
possible on the External Leave Program(s) is utilised. The Case Managernent and
Classification Co-ordinator is to notify the Manager, Pre & Post Release Programs,
Indigenous Services Unit, when an Aboriginal inmate is due for a review where
C3/Cat 1 will be considered. An Aboriginal Pre & Post Release Officer should attend
the CMT meeting.
23. Public Interest inmates, Mental Health Review Tribunal inmates or serious offenders
are not to participate in external sport or leisure activities unless the Commissioner
has given approval after considering a recommendation from the SORC (Operations
Procedures Manual 5.10).
24. Medical transfers to the MMTClLong Bay Hospital are to have classification and case
plan reviews completed by the correctional centre when sufficient notification is
given before transfer, when it is known that the normal review date will fall within
six weeks after the date for the medical transfer.
25. Inmates with an E classification must have the process for review of the
E classification through the Escape Review Committee (Refer section in this manual)
explained to them at each review meeting by the Chairperson, CMT. Care is to be
taken with Aboriginal inmates, inmates with disabilities and inmates with English as
a second language to ensure that their rights for review of this classification and the
process is clearly understood.
78.
26. The Chairperson of the CMT (CMC in the MRRC) is responsible for ensuring
procedures listed above are carried out.
Criteria for Regression of Security Classification - Generic
1. A security classification signifies a level of trust which is accorded to an inmate, and
is part of the inmate's case plan.
2. A regression in classification it is not to be used as a punishment but may be a
consequence of undisciplined behaviour. In the case of a regression in
classification, the inmate's case plan must be reviewed to reflect the
circumstances leading to the regression and action to be taken by the inmate to
address issues resulting in the regression.
3. An inmate's classification is to be reviewed for regression in those cases where there
has been an extension of the EPRD or the inmate has failed to respond to the level of
trust signified by the existing classification rating that the inmate enjoys (eg assaults
on staff or inmates; documented stand-over tactics in minimum security situations;
consistent record of non-compliance with centre routines; possession of weapons or
drugs.)
4. The Case Management Committee will not ratify a recommendation for the CMT to
regress an inmate's classification unless such a recommendation is accompanied by
cogent, well supported argument and documented evidence of the inmate's behaviour.
Ideally, the correctional centre should have demonstrated that they have attempted to
use other local management strategies.
Similarly a decision not to progress an inmate's classification on the basis of
recurring behavioural problems must be supported by reports and consistent case
notes.
5. The return of a positive urine sample does not, in itself, provide grounds for
regression of classification. Classification is NOT a means of punishment. If an
inmate has committed an offence under the regulations or committed some other
criminal act, then disciplinary procedures andlor a police investigation should be
implemented. It is not appropriate or sufficient to simply regress (ie. increase) an
inmate's classification. However, the breaking of a local centre management contract
or a repeated positive urine sample would provide grounds for a regression. Any
breach of External Leave Program roles should result in a review which may
result in a regression to C2 if the breach is considered serious or likely to
indicate an unsatisfactory attitude by the inmate to the External Leave Program
requirements. The return of a dirty urine by an inmate on an External Leave
Program will result in removal from the program for a period of six months for
a male inmate (3 months for females). A clean urine must be returned before
consideration for re-admission to the program. A regression in classification is
NOT automatic.
6. Where an inmate has their classification regressed and or is removed from a
correctional centre pending an investigation either by Police, external bodies or
departmental officers, the comments field attached to the classification decision must
reflect this. It is then incumbent on the Case Manager at the receiving correctional
centre to monitor the outcome of the investigation and to review the inmate's
classification when the investigation is complete. Where the allegations are found to
have no substance, the inmate's progression must not be compromised. As
79.
Page 79, pt 5 Amendment - text should read
The return of a dirty urine by an inmate on an External Leave Program may result in removal
from the program for a period of up to six months for a maIe inmate (3 months for females).
If an inmate is removed from the program, a clean urine must be returned before
consideration for re-admission. A regression in classification is NOT automatic.
(ApprlJVed 25.11.00)
classification status is based on an assessment of risk, the principle of the balance of
probabilities is to apply and staff participating in classification reviews must be
careful to balance the needs of the inmate with the perceived risk to the community,
staff and other inmates.
7. When a regression in security classification occurs, all reports from the area
supporting such a decision are to be attached to the Review of Classification form.
WORK HOLDS - Generic
In exceptional circumstances an inmate may have the CMT/CMC decision on hislher
placement in a correctional centre and transfer to that correctional centre temporarily delayed
by the inmate being placed on a Work Hold Exceptional circumstances include:
i) to provide the opportunity for an inmate to complete a vocational training program as
part of the inmate's case plan which is not available in the centre of placement;
ii) to enable an essential correctional centre identified project (eg. a specific building
construction/maintenance activity) to be completed by an inmate with requisite
qualifications/expertise;
iii) to ensure a critical correctional industry contractual/production commitment is met by
accessing an inmate with requisite qualifications/expertise.
An inmate must not be taken off escort on a Work Hold when the following procedures have
not been followed. An inmate's participation in External Leave Programs must not be
delayed by approval of a Work Hold, nor must a Work Hold delay the implementation of a
decision made by the Commissioner about program participation or placement of any inmate
managed by the SORC or its subcommittees.
Procedures for requesting a Work Hold:
1. The Manager, Industries, is to make a written submission to the CMT for a Work
Hold on a particular inmate, with that inmate's written agreement, before the
scheduled classification and case plan review of the inmate.
2. The submission must contain reason(s) for the request, time frame required and
strategies to remove the need to have the particular inmate retained in the correctional
centre.
3. The CMT will include a recommendation on this request in documentation forwarded
to the Governor for comment before consideration by the CMC. The Govemor
should also make comment on the request.
4. Ifthe request is supported by the CMT, the proposed delay in transfer is to be
included in the inmate's case plan with a definite date for transfer.
5. If the request for a Work Hold is approved by the CMC (and the Commissioner for
serious offenders), the CMT will monitor the inmate's situation and record such
monitoring on the case management file.
6. The inmate on a Work Hold must be informed by the CMT that the Work Hold is not
permanent.
7. If the CMC (Commissioner) does not approve the request for a Work Hold, the
inmate is to be moved according to the placement decision.
80.
CLASSIFICATION - WOMEN
Responsibility:
.,. Director, Inmate Classification & Case Management Branch
.. Assistant Director, Classification & Placement
.. Governor
.. Manager, Classification & Placement
.,. Case Management Committee
.. Manager, Transitional Centre
.. Area Manager
.. Case Manager
.. Case Officer
.. Case Management & Classification Co-ordinator
LegislationJPolicy:
Clause 10 (IA) states that:
"Each female inmate must, for the purposes of security and developmental programs, be
Category 4: Continuous supervision
Those female inmates who, in the opinion of the Commissioner, should at all times be
Category 3: General supervision
Those female inmates who, in the opinion of the Commissioner, should be confined by a
physical barrier unless in the company of a correctional officer or some other person
authorised by the Commissioner.
Category 2: Minimum supervision
physical barrier at all times but who need some level of supervision by a correctional officer
or some other person authorised by the Commissioner.
NSW CEPAATMENTOF CORRECTIVE SERVICES
81.
J
Category 1: Monitored
physical barrier at all times and who need not be supervised. "
The provisions of Clause 11(1) also apply to women who have committed an escape
offence. (Refer section 19 - Escape Policy)
The generic procedures in preceding pages are to be followed in classifying women.
Women's Classification System
In August 1997, the Department implemented the Women's Classification System. The
system, which was designated with the specific profile of women imnates in mind, was
developed to give priority to female imnates' program needs. It requires that female imnates
be managed differently to male imnates, with regard to the following factors:
* the classification and placement of female imnates is to be determined as part of a
comprehensive and detailed case plan designed to address their individual and
identified needs. Initial classification is to be at a minimum security level unless
there is strong support and evidence from the Case Management Team that
sienificant reasons exist for a more restrictive security level
* The classification and placement offemale inmates alms to put the interests of
the children of mothers who are serving a full time prison sentence at the highest
priority by seeking to ensure the continuity of their relationship with their
primary carer.
Procedures:
1. The inmate who is having her initial classification set or reviewed must be
present during this classification process unless exceptional circumstances exist.
Such circumstances must be noted on the classification documents.
2. In general, the procedures to be followed in classifying female inmates are those set
out above under Generic, except for the provisions which follow:
female inmates are to be initially classified as Category 2 unless the CMT
provides significant reason to the CMC for the inmate to be given a
higher classification and,
a Category 2 imnate is only eligible for progression to extemal pre-release
leave programs after she has been assessed as suitable. This'means, among
other things, that she has not returned a positive urine sample or tested
positive to alcohol consumption during the past 3 months. Should a positive
sample be returned, the imnate may not be re-considered for a further 3
months.
82.
3. An inmate who has been convicted of a violent crime, an offence against children, or
who displays violent behaviour is to undergo a Suitability Assessment prior to
placement at centres which conduct the Mothers and Children Program. The
Suitability Assessment is to include a report from a psychologist on the inmate's
suitability to be accommodated with children. A report from the Children's Services
Co-ordinator, Department of Community Services is also required if the offence has
been against children.
4. The legislation pertaining to escapees applies to females. (Refer section - Escape
Policy)
5. fu carrying out the provisions of the legislation there is to be a presumption that
an inmate will always obtain a significant rehabilitative benefit from programs,
especially extemalleave programs, unless her behaviour clearly indicates the
contrary.
Transfer to Transitional Centre, Parramatta (Refer section - Transitional Centre,
Parramatta)
6. The inmate is to submit an inmate application form (blue form), requesting a transfer
to the Transitional Centre. The completed form is to be handed to the Case Manager.
7. The Case Manager will call for progress reports from relevant inmate development
staff, CSI staff and custodial staff. These reports are to be attached to the Case Plan
for consideration by the C.M. T. within 2 weeks of the application being submitted.
8. The Case Manager will notify the Manager of the Transitional Centre that a CMT
meeting is arranged to consider an inmate's application to transfer to the Transitional
Centre.
9. The Manager of the Transitional Centre will arrange that either shelhe or a delegate
attend the CMT meeting to provide advice to the CMT in its determining a
recommendation as to the suitability of the inmate.
10. The CMT's recommendation and any other required reports are to be forwarded to the
Governor for comment.
11. The Case Management and Classification Co-ordinator is to forward all
documentation to the Manager, Transitional Centre, for a decision on the inmate's
suitability for inclusion onto the program.
12. The Manager, Transitional Centre, is to return the relevant form indicating
suitability/non suitability to the Case Management and Classification Co-ordinator.
13. The Case Management & Classification Co-ordinator is to then forward all
documentation to the Case Management Conunittee for its consideration. A transfer
may not take place until the Regional Commander, Metropolitan Region, has
approved the inmate's placement into the Transitional Centre program.
83.
14. If the inmate is a serious offender, the CMC is to forward all documentation with
comment to the SORC for its consideration and recorrnnendation to the
Commissioner.
15. The Regional Corrnnander, Metropolitan Region, after approving the transfer to the
Transitional Centre (after the Commissioner has given approval in the case of a
serious offender) will sign a section 26(2)(1) Pennit to enable placement in the
Transitional Centre to occur.
84.
CLASSIFICATION OF INMATES WITH FURTHER CHARGES
Responsibility:
.. Director, Classification & Case Management
... Assistant Director, Classification & Placement
... Governor
... Correctional Centre Case Management TeamiReception Connnittees
... Managers, Classification and Placement
... Deputy Managers, Induction, Screening and Classification (MRRC only)
... Case Management Team
... Case Management Connnittee
,.. Case Manager
Legislation/Policy:
Bail Act 1978- Section 8 (4) states
A person is not entitled under this section to be granted bail in respect of an
offence to which this section applies, if:
a. the person is in custody serving a sentence of imprisonment in connection
with some other offence; and
b. the authorised officer or Court is satisfied that the person is likely to remain
in custody in connection with that other offence for a longer period than that
for which bail in connection with the first mentioned offence would be
granted.
Bail Act 1978 - Section 13 states
An accused person not entitled under section 8 or 9 to be granted bail may
nevertheless be granted bail.
Crimes (Administration of Sentences) (Correctional Centre Routine) Regulation 1995-
clauses 19
The Governor of a prison who considers that:
a. a prisoner in the prison, or
b. a prisoner transferred, or proposed to be transferred to the prison follOwing
classification or review of classification
is unsuitable for placement or for continued placement inthe pn'son must send to the Case
85.
Management Committee (or, in the case of a prisoner who is a serious offender, to the
Review Council) a report setting out the reasons why the prisoner should be placed
elsewhere.
NOTE: In ajudgement by Justice David Hunt in the matter Regina -v- ChaIklen, June 1990,
he held in part that, "if bail has been refused solely because of the provisions of Section 8(4),
no conclusion can be fairly drawn from the fact of that refusal alone, that the applicant is a
bad security risk. The attitude expressed by the Department (Corrective Services) to the
contrary demonstrates a complete misconception by it as to the effect of the Bail Act".
Procedures:
Sentenced Inmates and Further Charges
*
*
*
*
*
*
*
Upon receiving an inmate identified with further charges or when advice is received
that an inmate already in custody has sustained further changes, the Case
Management Team (CMC in the MRRC) must convene and review the inmate.
Where outstanding charges are Bail Refused, the CMT/Reception Committee (CMC
in the MRRC) should be aware of the above legislation.
Each inmate must be assessed individually utilising the Objective Assessment Form
and Offence Severity Scale to determine an appropriate security classification.
Charges of a serious nature such as, armed robbery, serious assault, sexual offences
and major drug offences should be viewed cautiously. In such cases an 'A' or 'B'
security rating may be an appropriate recommendation.
Where an inmate is already in minimum security and minor offences are pending with
no lengthy increase in sentence likely, it would be appropriate not to recommend a
regression in classification unless significant additional factors are known.
Decisions made affecting placement should have regard to the individual needs of the
inmate and relevant available programs.
The CMT then refers its recommendation(s) to the CMC for determination (not
applicable in the MRRC)
86.
CRITERIA FOR CLASSIFYING MALE UNCONVICTED, SENTENCED EXPIRED -
FURTHER COURTIDEPORTATION INMATES 'Cl' AND PLACING AT
P ARRAMATTA CORRECTIONAL CENTRE
NOTE: Female inmates are not to be placed in Parrarnatta Correctional Centre.
All male inmates considered for placement at Parrarnatta Correctional Centre should be
considered under the existing guidelines of the current departmental escape policy.
Case Management Teams (Reception Committee) and the Case Management Committee
should consider the inmate's past history and breaches of discipline in the same way they
consider any inmate for placement in a minimum security centre.
a. 1. Defmition ofClU - Inclusions and Exclusions
Subject to the inclusions and exclusions outlined below, for the purposes of
classification and placement at Parrarnatta Correctional Centre, a CI unsentenced
inmate is any inmate who has been remanded in custody in respect of a court warrant
for offences that if convicted would attract a maximum sentence of 3 years or less or
irrespective of the maximum irnposable sentence, where bail has been granted
requiring a surety of $5,000 or less the inmate is also suitable for consideration for
C 1 U classification.
2. Defmition of Deportee
The term 'deportee' is used to describe persons who are not citizens of Australia and
who are subject to removal/deportation under the Innnigration Act 1958.
The Department of Corrective Services is frequently required to detain people in
accordance with the Migration Act and referred to under that Act as "immigration
detention". The two (2) most common forms of detention are:
a. persons detained in custody after completing a sentence of imprisonment and
are awaiting for the execution of a Deportation Order;
b. persons who have been arrested and deemed unsuitable for placement in an
Immigration Detention Centre, and waiting deportation.
3. Classification of Deportees
The Classification of deportees like any other inmate is a process of making a
judgement about the inmate's risk to security. By applying the classification
procedures which includes an objective rating component in the decision making
process and taking into account a number of factors covering offences, history,
alcohol and drug use, institutional discipline history and stability factors. This
culminates in a Comprehensive Custody Score which translates into a rating of
maximum, medium minimum security. This will not always be possible for those
deportees described in 2(b) above where no history is available.
87.
Where a deportee as described in 2( a) above has completed his sentence in a
minimum security centre, he will be considered suitable for placement at Parramatta
Correctional Centre pending deportation.
b. Exclusions
The following categories of unconvicted inmates will not be placed at Parramatta
Correctional Centre:
I. any inmate withdrawing from drugs who has not been stabilised on a
detoxification regimen;
2. any inmate who is identified as being actively/acutely suicidal (this does not
include an inmate with a history of suicide/self harm who is currently stable
and requires no ongoing intervention);
3. any inmate managed by the High Security Inmate Management Corrnnittee;
4. any inmate for whom it is known that serious charges are pending;
5. any inmate with Protection or Strict Protection Status (may change at a later
date following consultation);
6. any inmate liable to extradition;
7. the unsentenced inmates who held an A or B security rating on a previous
custodial sentence should not be automatically excluded from the selection
process ofParramatta. The Case Management Team/Case Management
Corrnnittee should consider the inmates previous history and current charges
when determining the inmates suitability for placement as a CI U at
Parramatta.
c. Inclusions
The following inmates MAY be considered suitable for consideration for placement
at Parramatta:
I. unsentenced inmates who have been granted bail requiring a surety of$5,000
or less;
2. deportees are to be considered, subject to the existing exclusions.
3. unsentenced inmates whose most serious charge attracts a maximum possible
sentence of 3 years or less. Refer to the warrant authorising the detention of
the inmate in custody. It should refer to the outstanding charges. It is most
likely that there will be offences under one or more of the following NSW
Acts of Parliament:
Crimes Act 1900
Drug Misuse & Trafficking Act 1985
88.
Road Transport (General) Act 1999
Correctional centres may classify unconvicted inmates and inmates whose sentence has
expired but with further charges/deportation to CIU minimum security to Parramatta within
the following procedure and selection criteria:
Procedures:
* All newly received unconvicted inmates must have participated in the appropriate
Reception, Screening and Induction process before placement at Parramatta
Correctional Centre.
* CMT /Reception Corrrrnittee will review each inmate and on its deliberation refer to
the criteria for placement at Parramatta Correctional Centre.
* A classification code CIU (Parramatta only) exists in the classification codes on
OMS.
* All documentation is to be dealt with in accordance with procedures as laid down in
the Classification Manual for CMT and CMC approval.
89.
I
TRANS GENDER INMATES (ref Operations Procedure Manual section 7.37)
On 1 October 1996, the Transgender (Anti-Discrimination and other Acts Amendment) Act
was proc1allned. This Act contained amendments to the Anti-Discrimination Act 1977,
making it unlawful to discriminate against a person on the grounds of the person being
transgender. The teITI1 transgender in the legislation is used to refer to all transgender persons,
regardless of whether they have undergone surgical intervention. This is considered
necessary, because discriminatory conduct usually occurs as a reaction to a person's dress,
behaviour and other characteristics being at variance with the person's biological gender.
A transgender person is a person of one sex who:
a. identifies as a member of the opposite sex by living, or seeking to live, as a member
of the opposite sex, or
b. has identified as a member of the opposite sex by living as a member of the opposite
sex, or
c. being of indeterminate sex, identifies as a member of a particular sex by living as a
member of that sex.
A reference to a transgender person also includes a reference to a person who is thought to be
a trans gender person, so that discrimination against a person on the ground of a person being
transgender is unlawful whether the person is in fact a transgender person or not.
A recognised transgender person is a person who has undergone sexual reassignment
surgery and who has successfully applied for their birth registration and birth certificate to be
altered to show their new sex.
Recognised transgender persons must be treated as a member of the sex recorded on their
birth certificate.
The policy for the management of transgender inmates applies to all correctional centres in
New South Wales, and to all court cells, lock-ups and police stations where persons are
received into lawful custody by correctional officers.
The policy for the management of trans gender inmates is based on the following premises:
that all inmates are case managed;
that trans gender inmates will be accommodated in a correctional centre of their
gender of identification unless it is determined through case management that the
inmate should more appropriately be assigned to a correctional centre of their
biological gender;
90.
that placement of transgender inmates in a correctional centre of their biological
gender will be assessed through the normal case management process and will be
based on:
*
*
*
the nature of their offence and criminal history (for example crimes of
violence - including sexual- against women or children)
custodial history (for example previous management problems which
impacted on the safety of other persons, or the security of the correctional
centre)
perceived risk(s) to the continuing safety of the transgender inmate.
Any person received into the custody of the NSW Department of Corrective Services who
self identifies as transgender has the right to be housed in a correctional facility appropriate
to their gender of identification, subject to the following provisions:
All transgender inmates will be initially received into the Metropolitan Remand and
Reception Centre (MRRC) for full induction screening.
Continuing management and placement of trans gender inmates will be assessed on an
individual basis, through case management.
Procedures
1. IDENTIFICATION
I. Self identification as a member of the opposite sex is the only criterion for
identification as transgender.
2. Identification of a transgender person is to be made routinely on reception into
Corrective Services' custody, whether at court or in a reception correctional
centre. The Inmate Lodgement Form has been amended to enable the self
identification oftransgender persons.
3. Once identification as transgender has been made, the inmate must be kept
separate from other inmates, accommodated in a single cell, provided access
to separate shower and toilet facilities and must not be transported with any
other inmate in the same compartment of a transport vehicle until the full
induction screening process is complete.
2. INITIAL PLACEMENT
2.1 New Receptions - Courts
I. Court Security staff and Police are to advise the Placement Officer of
every transgender inmate received into custody. The Lodgement
Advice Form has been amended for this purpose.
91.
2. The Placement Officer is responsible for placing the transgender
inmate into the 'MRRc. The Placement Officer will fax the Lodgement
Advice Form to the 'MRRC.
3. Where it is not possible to place a transgender inmate directly into the
'MRRC (For example, if the inmate is received at a country location),
the Placement Officer will notifY the receiving correctional centre by
faxing the Lodgement Advice Form to the correctional centre.
4. The transgender inmate must be kept separate from other inmates,
accommodated in a single cell, provided access to separate shower and
toilet facilities and must not be transported with any other inmate in
the same compartment of a transport vehicle until the full induction
screening process is complete.
2.2 New Receptions - Correctional Centres
I. The Governor, Deputy Governor or Officer in Charge of the
correctional centre must be advised of the reception of a transgender
inmate.
2. The Governor is responsible for ensuring that the transgender inmate is
transferred as a matter of urgency to the 'MRRC for full induction
screenmg.
3. Until the transfer to the 'MRRC can be effected, the transgender inmate
must be kept separate from other inmates, accommodated in a single
cell, provided access to separate shower and toilet facilities and must
not be transported with any other inmate in the same compartment of a
transport vehicle.
If necessary to ensure the safety of the inmate, the provisions of
section 11 (1) or (2) of the Crimes (Administration of Sentences) Act
1999 may be invoked to place the inmate in protective custody.
2.3 Induction Screening
1. All transgender inmates are to complete their induction and
screening in the MRRC.
2. During the induction and screening process, transgender inmates must
be kept separate from other inmates of either gender, must be housed
in a single cell and provided access to separate shower and toilet
facilities, and must not be transported with any other inmate in the
same compartment of a transport vehicle until the full induction
screening process is complete.
92.
3. As part of the induction screening process, a full social history (which
may include a pre-sentence report, sentencing Judge's comments,
criminal and! or custodial history and reports from relevant IDS staff)
is to be obtained to identify the inmate's particular needs and the most
appropriate placement options and program pathways.
4. Unless there are overriding security and!or safety concerns arising
from the induction screening process, then a transgender inmate is to
be placed in a correctional centre appropriate to their gender of
identification.
5. Placement of a transgender inmate in a correctional centre of their
biological gender will be assessed through the normal case
management process and will be based on:
their offence history (for example crimes of violence -
including sexual - against women or children)
custodial history (for example previous management problems
which impacted on the safety of this or other inmates)
perceived risk(s) to the continuing safety of the transgender
inmate and! or any other person( s).
6. If a transgender inmate does not agree with the initial decision for their
placement, they may seek a review of the decision by submitting a
written application stating reasons for requesting the review, through
the Governor to Director, Inmate Classification and Management
Branch.
2.4 Classification and Accommodation
1. Transgender inmates are to be given the same classification and
placement options as the other inmates with whom they are managed.
That is, inmates who are placed in a correctional centre of their chosen
gender will have the same classification and placement options as
inmates of that gender whereas inmates placed in a correctional centre
of their biological gender will have the same classification and
placement options as inmates oftheir biological gender.
2. When consideration is being given to the placement of transgender
inmates in a women's correctional centre, a senior representative from
Mulawa Correctional Centre (Manager, Programs and Services; Case
Manager; Area Manager) and the Case Management and Classification
Co-ordinator is to be present to advise the CMT in the MRRC and the
inmate on programs, routines etc. Any documentation specific to
female inmates at this stage in custody must be completed.
93.
3. Continuing management and placement of trans gender inmates will be
assessed on an individual basis through case management.
Where the Case Management Team considers that the
continued placement of a transgender inmate in a correctional
centre of their gender of identification is no longer appropriate
on the grounds of good order, security and/or safety and
recommends the transfer of that inmate to a correctional centre
of their biological gender, the Case Management Team is to
submit a full report to the Governor, outlining the reasons for
their recommendation.
The Governor is to consider the matter and make written
recommendation in relation to the placement and management
of the inmate. All documentation, with the comments of the
Governor, will then be forwarded to the Case Management
Committee for approval to transfer of the inmate to a
correctional centre of their biological gender.
If the Case Management Committee approves the transfer of
the inmate to a correctional centre of their biological gender,
Inmate Classification and Management Branch will determine
the most suitable placement option for the inmate.
Consideration must be given to the continued safety of the
transgender inmate.
Any trans gender inmate who considers that they should have a
decision ofInmate Classification and Management Branch
reviewed, may submit a written application, stating reasons,
through the Governor to the Director, Inmate Classification and
Management.
In the case of a transgender inmate managed by the Serious
Offenders Review Committee (SORC), the normal procedures
for classification and placement will continue to apply.
Until their transfer to a correctional centre of their biological
gender, the transgender inmate who is no longer considered
suitable to remain in a centre of their gender of choice is to be
managed and housed to ensure that they do not pose a risk to
the good order of the centre, the safety of any person, or are at
risk themselves.
If necessary to ensure the safety of the inmate, the provisions of
section 11 (1) or (2) of the Crimes (Administration of Sentences) Act
1999 may be invoked to place the inmate in protective custody.
4. Transgender inmates housed in a correctional centre of their biological
gender may remain in a centre with a higher security classification,
provided that they sign a written memorandum of understanding that it
is their choice to remain in that centre, and they are willing to abide by
the conditions of that correctional centre.
94.
5. Transgender inmates (ofthe same gender of identification) are to be
clustered together wherever possible. Separate accommodation may be
provided for transgender inmates contingent upon their being allowed
access to the full range of services and programs that are provided to
other inmates of that gender.
2.5 At Risk Status
1. Single cell accommodation is to be made available to all transgender
inmates unless case management indicates that shared accommodation
is required.
2. Transgender inmates are to be provided with separate toilet facilities
and are to be allowed to shower separately.
2.6 Escorting of Transgender Inmates
1. Until trans gender inmates have completed the induction screening
process, and have been assigned to a correctional centre, they are to be
kept separated from all other inmates during escorts to avoid the risk
of physical or sexual assault by other inmates in transit. That is, they
are to be escorted as "strict, one out protection".
2. Male to female transgender inmates assigned to a female correctional
centre, and female to male transgender inmates assigned to a
correctional centre of their biological gender (that is female) may be
escorted with other female inmates, if case management indicates that
there are no over riding safety or security concerns.
3. Male to female transgender inmates assigned to a correctional centre
of their biological gender (that is male) and female to male transgender
inmates assigned to a male correctional centre are to be kept separate
from all other inmates during escorts to avoid the risk of physical or
sexual assault by other inmates in transit. That is, they are to be
escorted as "strict, one out protection".
4. During escorts, transgender inmates are to be provided with separate
toilet facilities which allow them to maintain their privacy and dignity.
95.
j
I
14 REVIEWS
INMATE REQUESTS FOR REVIEW OF CASE MANAGEMENT COMMITTEE
DECISION
Responsibility:
,.. Director, Inmate Classification & Case Management Branch
... Assistant Director, Classification & Placement
... Governor
,.. Case Management Committee
... Managers, Inmate Classification & Placement
... Deputy Managers, Screening, Induction and Classification, MRRC
... Classification and Case Management Staff with Delegations of Managers,
Classification & Placement
LegislationIPolicy:
Crimes (Administration of Sentence) Correctional Centre Routine) Regulation 1995
Clause 18 states:
"(1) If the Case Management Committee proposes to reject a recommendation of a
Program Review Committee(CMT), it must:
(a) notifY the Program Review Committee (CMT) and give its reasons for the
proposed rejection, and
(b) give the Program Review Committee (CMT) an opportunity to supply
further reasons or arguments.
(2) The Program Review Committee (CMT) must discuss the matter with the inmate
concerned.
(3) The Case Management Committee must notifY the Program Review Committee
(CMT) if it rejects the recommendation and give its reasons as fully as is
practicable.
(4) If the Case Management Committee considers that a change in a inmate's
classification, placement or developmental program (case management plan) is
appropriate, the Committee may send a recommendation to that effect to the
Commissioner. "
96.
!
I.
. .
Procedure:
1.
2 .
The provisions of Clause 18 are to be properly adhered to.
When a Case Management Committee rejects a recommendation of a CMT it must
give full and clear written reasons for the rejection in the relevant section of the
classification form
3. The Manager, Programs and Services is to ensure that the CMC rejection is discussed
with the inmate concerned at the next available CMT meeting, but within 14 days of
the CMC decision.
4. If, after discussion with the inmate, the CMT is of the view that there is additional
material to support its original recommendation, it may within 21 days of the CMC
decision being made, again refer the matter to the CMC for further consideration.
5. In addition to the provisions of Clause 18 of the Crimes (Administration of
Sentences) (Correctional Centre Routine) Regulations 1995(as set out above), an
inmate is able to seek a review of a CMC decision directly. (Refer 6 & 7 below)
NOTE: A Public Interest Inmate is able to seek a review of a CMC decision not to
recommend to the Pre-Release Leave Committee ofthe SORC the granting of a C3
classification.
6. In such a case the inmate must make a written application on an Inmate Application
or Statement form The request for a review must be made within 14 days of
being notified of the fmal CMC decision. The application must detail reasons for
the requested review and must include new and relevant substantiated information
that is additional to any information the Case Management Committee had available
to it when making its decision (recommendation in the case of a Public Interest
Inmate).
The inmate's application is to be forwarded to the Case Management & Classification Co-
ordinator (DMC in MRRC) who will:
1. Compile copies of CMT and CMC documentation.
2. Enter on to the OMS Classification screen a pending entry for the review.
NOTE: A new code has been established in the committee type listing (list of
values F6). "ACLASS - Appeal Class. Dec. Manager IM&C".
3. Arrange for documentation to be delivered to the Regional Manager, Inmate
Classification & Placement. (except in MRRC)
4. The Manager, Inmate Classification and Placement (DMC in MRRC) is to
ensure that all documentation is received by the Assistant Director, Inmate
Classification and Placement, Inmate Classification and Case Management
Branch.
7. An inmate is not able to seek a review of a classification or placement decision
when the CMT recommendation is supported by the CMC unless he/she can
provide some new and relevant substantiated infonnation which was not
available at the time the CMC made its decision and which, on balance, would
most likely have altered the decision of the CMC in regard to the classification
97.
I
I
8.
9.
10.
11.
12.
and/or placement of the inmate. Dissatisfaction with the decision is not in itself a
ground for review.
Subject to the provisions above, an inmate should not seek a review of his or her
initial classification andlor placement. CMTs and CMCs should take into
consideration recommendation 168 of the Royal Commission into Aboriginal Deaths
in Custody when determining the placement of aboriginal inmates, whereby it may be
reasonable for such inmates to seek a review of their placement when not placed close
to their families.
An inmate may not seek a review of his or her placement when the placement
decision is determined by bed availability/unavailability in a centre accommodating
the classification of the inmate.
The Review Committee will meet at least on a monthly basis and be chaired by the
Assistant Director, Classification and Placement, Classification and Case
Management Branch.
The Review Committee must consist of a quorum of three (3), who must include the
Assistant Director as Chairperson, one (1) Manager/Deputy Manager Classification
and Placement and one (1) Inmate Classification & Case Management Branch Officer
with the delegation of a Manager, Classification and Placement.
NOTE: The Manager, Classification and Placement (Deputy Manager, Classification
in the MRRC) who chaired the CMC decision under review is NOT to sit on the
Review Committee or be present during the Committee's deliberations. He/she may
be called on by the Committee for clarification of documentation before the
Committee.
The Review Committee will document its decision, with reasons(s), on the "Review
of Case Management Committee Decision Form" (S2F25Pl) and enter the decision
on the OMS, Classification Approvals Screen. All review documentation will be
returned to the correctional centre housing the inmate. The Case Manager is to
ensure that the inmate concerned is informed of the Review Committee decision and
request that he/she sign the review form accordingly. A copy of the Review
Committees decision, with reason( s) is to be filed on the inmate's case management
file by hislher Case Manager.
No further review of the decision of the Review Connnittee regarding the particular
decision under review can be requested by the inmate. The inmate may seek further
review( s) relating to subsequent case plan and classification reviews conducted within
six month periods under the Regulation.
Transgender Inmates
13. Any transgender inmate who considers that they should have a decision of the CMC
reviewed, may submit a written application, stating reasons, through the Governor to
the Director, Inmate Classification and Case Management Branch. The review
procedure as outlined above will then apply.
98.
Inmates with Disabilities
14. The Disability Services Unit may advocate on behalf of an inmate with a disability
with the Review Committee concerning the classification andlor placement of the
inmate. (NOTE: Placement of an ID inmate in a Special Unit should not occur
without advice from the DSU)
Serious Offenders
15. The Assessment Committee will indicate to the inmate on its visit to the correctional
centre, the proposal it intends to put to the SORC regarding the inmate's
classification and placement. At this stage the inmate should make representation to
the Assessment Committee andlor write to the Executive Officer and Registrar,
SORC, ifhe/she opposes all or part of the proposal of the Assessment Committee.
Once the SORC has met and considered the serious offender's management, the
inmate CANNOT appeal the recommendation of the SORC to the Commissioner, or
the decision of the Commissioner unless there is new and relevant substantiated
infonnation which was not available at the time that the initial proposal of the
Assessment Committee was discussed with the inmate. Such new infonnation should
be sent to the Executive Officer and Registrar of the SORC with a covering letter
from the inmate requesting a review. Dissatisfaction with the recommendation of the
SORC or the decision of the Commissioner is not in itself a ground for appeal.
99.
CHANGE OF PLACEMENT REQUESTS - PROTOCOL
Responsibility:
" Director, Inmate Classification and Case Management Branch
" Assistant Director, Classification & Placement
" Managers, Programs
,.. Correctional Centre Case Management Team
" Managers, Classification and Placement
" Deputy Manager, Screening, Induction and Classification (MRRC)
LegislationIPolicy:
Procedure:
1. The inmate must make a written request on an Inmate Application form detailing
reasons for a change in placement. Easier access for legal visits, serious illness in the
immediate family (including defacto), ease of access for family visits, substantiated
personal safety issue(s) with other inmates in the correctional centre are examples of
reasons (not an exhaustive list) which should be considered for a change of
placement. The CMT is to detennine the need for a change of placement and make a
recommendation to the Case Management Committee. (The Deputy Manager,
Classification in the MRRC is to perform CMT/CMC function) The CMT/CMC must
note the Department's placement policy/agreements, ego Royal Commission Into
Aboriginal Deaths in Custody, Recommendation 168.
2. The Case Management Committee, chaired by the Manager, Inmate Classification
and Placement, is to review the recommendation of the Case Management Team.
Where the Case Management Committee either varies or rejects the
recommendation, full details must be given. The CMC decision is final, with no
appeal rights without additional significant information.
3. When an urgent change in placement is requested, because of immediate safety or
security concerns, the Director, Inmate Classification and Case Management, or the
Assistant Director, Classification and Placement may approve a transfer without
reference to the Case Management Team In the first instance the Governor of the
Correctional Centre concerned is to furnish a report in accordance with Clause 19 of
the Crimes (Administration of Sentences) (Correctional Centre Routine) Regulation
1995, giving reasons for the request for a change of placement. The report from the
Govemor must be forwarded to the Regional Manager, Classification and Placement
who will refer it on, with comment.
4. As soon as practical after the transfer the CMT for the centre transferring the inmate
must meet and make case plan including classification, recommendations relating to
the new circumstances of the inmate and forward to the receiving centre.
100.
Page 100 Insert following between 'LegisJationIPolicy' and 'Procedure' headings
NOTE: An inmate while in transit to hislher gaol of classification and placement may not request a
change of placement. .
-=--
-.l...
In such circumstances, when recording a change in placement on the Offender
Management System the inmate's original classification review date is to remain
unchanged and clear connnents as to the reason for change should be entered.
5. Where a change in placement is requested to enable an inmate to 'sign off' protection
and progress to a normal discipline environment, the requirements as laid down in
ACO:98/100 and section 14.6 of the Operations Procedures Manual are to be adhered
to.
6. Inmates approved for removal from protective custody under the provisions of 14.6 of
the Operations Procedures Manual are to be reviewed by the Case Management Team
and an appropriate placement reconnnended.
7. Inmates managed as Serious Offenders are to have any urgent change in placement
approved by the Chairperson of the Serious Offenders Review Council, or the
Director, Classification and Case Management when the Chairperson is not available,
after a report in accordance with Clause 19 of the Crimes (Administration of
Sentences) (Correctional Centre Routine) Regulation 1995.
8. An inmate may request a review of a decision on hislher placement, while recognising
that the Department has the right to locate inmates within centres at its discretion.
(Refer section Reviews)
101.
SEGREGATIONIPROTECTIVE CUSTODY REVIEW
Responsibility:
.. Governor
.. Executive Officer and Registrar, SORC
.. Manager, Security
LegisJation/Policy:
Crimes (Administration of Sentences) Act 1999
Section 19 states:
"(1) An inmate whose total continuous period of segregated or protective custody exceeds
14 days may apply to the Review Council for a review of the relevant segregated or
protective custody direction.
(2) The application is to be in writing and to include the inmate's reasons for making the
application. "
Procedures:
1. When an inmate wishes to apply for a review of segregation after being held in
segregation or protective custody for 14 consecutive days, the inmate is to be given
the appropriate application fonn. This is a 2-page form. The inmate is to complete
page 1 of the form and the Governor is to complete the rest.
2. The Governor of a centre which has segregation facilities is to ensure that there is a
supply of the appropriate Review Forms in the centre and that inmates on segregation
are made aware of the circumstances in which they can apply to the SORe for review.
(Refer to the section on Forms in this manual.)
3. When the form has been completed it is to be forwarded to the Executive Officer and
Registrar of the SORe by facsimile transmission [(02) 9289 5047] together with the
documents which are listed on page 2 ofthe fonn.
4. The Executive Officer and Registrar is to liaise with the Governor and advise the
Governor ofthe date and time of the review hearing. A Notice of Hearing is to be
sent to the inmate by facsimile transmission. The Deputy Governor is to ensure that
the inmate receives the Notice of Hearing, that the Service of Notice is completed by
the inmate and the officer serving the Notice on the inmate. This form is then to be
faxed back to the Executive Officer and Registrar, SORe.
5. The Governor is to arrange for an appropriate hearing room and for all staff involved
in the decision to place the inmate on segregation to be present and to give evidence if
needed.
102.
6. Those inmates (if any) nominated as witnesses by the applicant, are to be present and
able to give evidence when called.
7. The applicant has the right to instruct a legal representative. The applicant is
responsible for organising hislher legal representation. The Prisoners' Legal Service
(PLS) of the Legal Aid Connnission ofNSW provides representation before the
Council at Segregation Review Hearings. The PLS may be contacted by telephone in
Sydney in (02) 9219 5888 or 1800 806 913. The proceedings are recorded and the
reasons for the determination of the SORC are printed and distributed to the parties to
the proceedings.
8. If, after making application, the inmate wishes to withdraw from the hearing the
inmate must notify the Governor in writing. The Governor must counter-sign the
application and forward it to the Executive Officer and Registrar SORC without
delay, by facsimile transmission.
The inmate cannot withdraw an application within 48 hours of the scheduled hearing
and will be required to attend.
9. Similarly, if the Governor removes an inmate from segregation the Executive Officer
is to be notified so that hearing arrangements can be cancelled. Such rernoval must
not take place within 48 hours of the scheduled hearing date unless the centre is
prepared to incur the expenses involved.
103.
15 PROGRAM OPTIONS FOR CASE PLAN DEVELOPMENT
A case plan should include programs and services which exist to meet an inmate's needs and
in which the inmate can be expected to participate (Refer to Case Management Policy
Booklet). Below are the criteria to be used for determining an inmate's suitability for
specialised management programs.
INMATES WITH INTELLECTUAL DISABILITY
This program was established to provide a safe and secure environment for a limited number
of vulnerable inmates who meet the Department's criteria for intellectual disability. There
are two separate units, one at the SPC at Long Bay which caters for 18 sentenced and
unsentenced inmates of all security classifications and one at X wing in Goulbum which
houses 16 minimum security, sentenced inmates. Inmates in these programs have access to
educational, recreational and industries programs. Both units have a CRS nurse and higher
than normal input from psychological services.
The Special Needs Program at Kirkconnell caters for approximately 10 inmates with
intellectual disability. Inmates in this program need to have social skills of a sufficient level
for them to be able to function adequately in a standard prison camp environment which
includes a significant number of both young offenders and sex offenders amongst its inmate
population. Inmates for this program need a C2 or C3 classification.
Female inmates with intellectual disability are managed within their correctional centres of
placement.
Placement of inmates identified as having an intellectual disability, whether or not they
require placement in separate units, will only occur after consultation between the
CMT/CMC and the Disability Services Unit.
To facilitate the early identification of inmates who may be considered for placement in the
units, the CMT/CMC when acting as a Reception Committee, is to have regard to question
E3 to E9 in the Intake Profile Form (S3FS). The responses to these questions will assist in
the identification of inmates who may have an intellectual disability.
Any inmate identified for referral to the Intellectual Disabl1ity Program should be indicated
on the Initial Case Plan and Security Risk Rating Form (S2FI) as being referred to Manager,
An inmate who has been identified as having an intellectual disability (and following
confinnation by the Disability Services Unit) requires an ALERT to be entered through
the OMS (hot keys = ffiT) so that, in the event of transfer, the Movements Unit will be
aware of the need for special care. When filling in the Escort Authorisation and
Request for the section 23 Order Form it is imperative to enter under 'Special
Instructions' the information that an inmate has an intellectual disability.
104.
,.
Page 104 Inmates with Intellectual Disabilities
Delete sentence "This program was established ..... " and replace with following:
i\
The Department's practice is to place inmates with intellectual disability who-are considered to be
able to cope adequately in mainstream programs. Those who cannot be provided appropriate duty
of care in the mainstream because of particular vulnerabilities (such as nature and deiee of
disability, youth or type of crime) or behaviour disorder, or an additional condition such as
deafuess, will be considered for placement in one of the special units for inmates with intellectual
disability. Placement of inmates identified as having an intellectual disability, whether or not they
require placement in separate units, must only occur after consultation between the CMT/CMC and
the Disability Services Unit. . There are two special units............... .
Page 104, Para 4
'Placement ofInmates Identified ...... ' to b ~ deleted.
The program criteria:
*
*
*
*
inmates with an assessed intellectual disability who require care, protection or
supervision in their own interests or in the interests of others; and
on the ground that they may have problems in the following areas: education,
adaptive behaviour, social adjustment, medical condition, lack of familylcommunity
support, likelihood of being at risk in the correctional centre mainstream
Inmates admitted to the program may be sentenced and unsentenced and may be of
any classification level.
Inmates who have a psychiatric illness and/or a behaviour disorder, in additional to
their intellectual disability, will be eligible.
Inmates who do not have an assessed intellectual disability but have a behaviour
disorder, psychiatric illness or personality problem will NOT be admitted.
CRITERIA FOR SEX OFFENDER PROGRAMS
The Sex Offender Programs are only available to sentenced offenders. In addition, an inmate
who is alleged to have committed an offence for a sexual reason (eg. convicted for break and
enter, but information suggests motive was sexual) MUST be referred to the Regional Senior
Psychologist, for a risk assessment. The Sex Offender Risk Assessment form must be
completed by the Case Management Team and a copy of the form sent to the Statewide
Clinical Co-ordinator Sex Offender Programs. An inmate assessed as presenting a low risk
of re-offending in a sexual manner will normally not be required to participate in a Sex
Offender Program and may progress through the normal case management process in the
centre of placement.
Referrals to Sex Offender Programs must be made on the appropriate form The inmate must
be a minimum security classification before being accepted into the program.
The Sex Offender Programs below are not available to female inmates. Female sex offenders
must be managed within the resources of their centre of placement.
NOTE: S.O.P.E. (Sex Offender Psycho-Sexual Education) has been replaced by ESO
(below).
Eso (EDUCATION FOR SEX OFFENDERS)
ESO is offered as a preparation for treatment for offenders in denial, and as the only type of
intervention appropriate for individuals oflow risk/needs who do not qualifY for treatment
programs. This Program is group-based and routinely run at Kirkconnell and the MSPC.
Depending on need and availability of qualified staff, it can also be offered in Berrima and
Windsor.
105.
The Program consists of7 to 8 group sessions each of two hours length. The groups cater for
a minimum of 8 and a maximum of 16 participants.
Referrals
Infonnation about ESO can be obtained through the psychologist at the correctional centre
where the inmate is housed. Referral is through the normal case management process.
CUBIT
This is an intensive residential therapy program for men who have sexually abused adults
andlor children. It is offered at the MSPC to offenders assessed as having medium-high or
high risk/needs and is primarily, though not solely, group based.
Offenders of medium-high risk/needs will be expected to remain in the CUBIT for
approximately 10 months. Offenders of moderate risk needs will be expected to remain for
around 8 months.
CORE
This is a medium intensity therapy program for men who have sexually abused adults or
children and whose risk/needs fall in the medium-low range. It runs in a group fonnat and is
5 months in length, with two half-days per week of group sessions. It is offered at the MSPC
as an 'outreach' of the CUBIT.
Eligibility Criteria for Cubit and Core
1. Cl or C2 classification or expectation that a C2 will be granted at least 12 months
prior to ERD.
2. At least 18 months to two years prior to ERD.
3. Able to read and write English.
4. Able to function effectively in the institutional environment without risk to self or
others.
5. Wishes to undertake treatment.
Referrals
Referral to CUBIT/CORE is made through the normal case management process. All the
required infonnation is contained in the 'Institutional Treatment Programs for Sexual
Offenders' package. Packages have been sent to all Governors and Program Managers and
are also available from the Co-ordinator Sex Offender Programs.
106.
TRANSITION
CUBIT and CORE are followed by a transition phase for the remainder of the inmate's
sentence. During transition treated offenders prepare for release through participation in
Maintenance Groups designed to sustain the gains made in treatment, and through C3
programs as applicable and as approved by the usual departmental procedures. Maintenance
groups are of 2 hours duration and take place twice a week. Transition programs are offered
at the MSPC.
Referrals
Referrals are made directly by the CUBIT/CORE treatment team
COBAC (COMMUNITY BASED AFTER CARE)
This Program offers post-release maintenance groups to offenders who have completed
treatment in gaol. Attendance to the group is norrna1ly a condition of parole, though the men
are encouraged to continue group participation after their parole period has expired.
The groups are offered at the Forensic Psychology Services - City Offices, in the late
afternoon - early evening to accommodate work needs. They are also offered on a limited
basis at Bathurst and Cessnock through the Regional Supervisor Sex Offender Program They
run for 2 hours a week at the beginning of the man's parole, but their frequency maybe
altered depending on individual risk/needs.
Referrals
Referrals are made by the CUBIT/CORE treatment team or the Probation and Parole officer,
using the relevant referral fo11I1. These are available from the Therapeutic Manager, Forensic
Psychology Services - City and from the Statewide Clinical Co-ordinator SOP.
FORENSIC PSYCHOLOGIST SERVICE - CITY BRANCH (FPS-C)
This is a service provided by Forensic Psychology Services - City Branch - (Level 4, 66
Wentworth Avenue, Sydney, 2000. Telephone (02) 9219 8100. Fax (02) 9219 8111).
A range of services for different authorities involved in the management of convicted sex
offenders is provided through the FPS-C. These include pre-sentence, risk /management and
specialist assessments of sex offenders for case management purposes; the Community Based
After Care maintenance programme; state-wide consultation on sex offender assessment,
treatment and management; and state-wide staff training progrannnes on sex offender
assessment and management.
Referrals:
107.
Assessments
Referrals for pre-sentence assessments are made through the Courts and through Probation
and Parole. Referrals for RisklManagement assessments are accepted from Parole Officers
supervising offenders in the community. Referrals for specialist case management assessment
are accepted from special management bodies such as SORe
Consultation
Telephone consultation on sex offender assessment and management issues is available to all
Departmental staff.
Staff Training
Arrangements for group training of staff on sex offender assessment and management issues
can be made through the Senior Training Officer.
All telephone numbers are listed in the Departmental telephone list. All referral forms can be
obtained through the Therapeutic Manager, Forensic Psychology Services-City, and from the
Statewide Clinical Coordinator SOP
108.
CRITERIA FOR THE SPECIALISED YOUNG MALE ADULT OFFENDERS
PROGRAM - PARKLEAlJOHN MORONY/OBERON CORRECTIONAL CENTRES
LegisJationIPolicy:
Refer Managing Young Adult Offenders in NSW Correctional Centres Policy Document
Refer IllIJlll.te Case Management Policy
There are five stages in this program:
Stage 1 Remanded inmates
Stage 2Convicted inmates
Stage 3Intensive development program to prepare inmates for participation in pre-
release programs in the community (operates at Oberon CC)
Stage 4Work release/study leave for C3 inmates
Stage 5Post Release
The criteria that follow apply to stages 1 & 2 - ParklealJohn Morony.
Case Management Teams are to use the following criteria in deciding the suitability of an
inmate for the Specialised Young Adult Offenders Program at these centres. Classifications
A, B, C are eligible. (Refer pt 10 below for E classification)
1. Offenders aged under 25 years who have families within 300 km of the metropolitan
area and who are first-time incarcerated as an adult either sentenced or on remand.
2. Non first-time incarcerated young adult offenders on remand with families within 300
km of the metropolitan area when vacancies exist.
3. Offenders under 25 and on remand who have families from the non-metropolitan area
when the specialised program is considered appropriate. (Such referrals are to be
made through the Governor, ParklealJohn Morony Correctional Centre, to the CMT
for consideration. The Manager, Programs and Services will notify the referring
centre on the outcome of the referral).
4. Non first-time sentenced offenders aged under 23 years with families within 300 km
of the metropolitan area, for whom a case plan is identified involving participation in
the specialised program
5. Offenders outside the 300 km band, who are under 25, who volunteer and are
assessed as in need of such a program by the local Case Management Team and there
is a vacancy.
6. A sentenced inmate should have a minimum term of 6 months or greater from
reception on to the program When a fixed term or minimum term of six months
remains to be served from the date of court determination, a maximum leeway of 10
days will be allowed for transfer to the program
109.
7. Offenders with an intellectual disability and other disabilities, although generally
excluded from entry to the program because of indications that they may/will have
difficulty in meeting program requirements, should be assessed individually. Where
it is judged that an inmate may be able to successfully complete the program with
some reasonable adjustments and assistance from staff, he should be afforded entry to
the program The DSU must be contacted for advice during the assessment stage.
8. Sentenced inmates must be methadone free unless an inmate has productively served
a lengthy period on the specialised program as a remandee, in which case
consideration is to be given by the Governor to allow progression to Stage 2 of the
program In such cases the intent should be to achieve a methadone-free situation for
that inmate.
9. In normal circumstances EI and E2 classification inmates are excluded. However,
selected inmates who are identified as having specific requirements, and where part of
the program is seen to be in the interests of the inmate at that time, may be
recommended by the CMT in a centre to the Manager Programs at ParklealJohn
Morony Correctional Centre to take part in specifically tailored programs.
Oberon - Stage 3 of existing program
10. Young adult offenders at Oberon will generally be received on successful completion
of Stage 2 at John MoronylParklea Correctional Centres.
II. Young adult offenders who have not been involved in the specialised program may be
referred directly to Oberon by the CMT at the centre where such inmates are located.
Well-documented case management material must be included outlining suitability
and benefits from such a placement. The Manager Programs will advise the
Governor, Oberon, of the recommendation of the CMT. The Governor will then
make a recommendation to the CMC.
Criteria for Placement at Oberon for Young Inmates
*
*
*
*
*
*
*
*
males aged under 25 years of age
not an appellant or have further outstanding charges or court matters
have a sentence left to serve of between 18 months and 4 months
beaC2orC3
not on a methadone program
no significant medical issues, requiring 24 hour medical services and/or prohibiting
participation in outdoor educational programs
have a clearance from a psychologist indicating suitability if offence was one of
violence, and Alcohol and Other Drug clearance if offence was drug related
if on protection, must voluntarily sign off prior to arrival at Oberon.
Referrals for young inmates meeting the above criteria should be sent, on the official form, to
the Manager, Programs and Services, Oberon Correctional Centre.
Inmates will be retumed to the referring correctional centre on completion of the 16 week
course unless an agreed alternative, ego Mobile Camp, is determined.
1l0.
Transfer to Oberon should as far as possible coincide with scheduled monthly intake groups
from Parklea Correctional Centre.
Young Adult Offenders/Adult Nucleus on Specialised Program but Unsuitable
Where an inmate has been transferred on to the specialised program and is considered
unsuitable by the Case Management Team, he will be transferred to the main stream
correctional system through the following procedure:
the inmate is to be placed before the next CMT meeting
the inmate must be present and told the reasons for his unsuitability and given an
opportunity to reply
the CMT must record the reasonls for the inmate's unsuitability and make a definite
recommendation as to the inmate's future placement and case plan
the CMT papers to be given to the Governor for comment
aJ1 documents to be referred to the Case Management Committee for ratification
Young Adult Offenders Suitable for the Specialised Program but outside the 300km
band
Young Adult Offenders outside the 300km band can be considered for the program if they
are willing to participate and they appear suitable. In such cases the procedure to be followed
is set out below:
the Manager Programs, at the non-metropolitan centre, will ensure that the inmate is
placed before the next CMT meeting
the inmate must be present at the CMT meeting
the Manager Programs is responsible for ensuring that all relevant information is
made available to the CMT
CMT papers to be given to the Governor for comments
CMT papers, including case management documentation, are to be sent to the
Governor of Park leal John Morony/Oberon Young Adult Offenders Correctional
Centre for the CMT to review and provide recommendations to the CMC
Program Criteria for Adult Nucleus
All first-time sentenced adult inmates from the metropolitan area are to be assessed
for suitability for the specialised program Well-documented case management
information is to be submitted to the Governor at ParklealJohn Morony for
consideration by the CMT in those centres. Following acceptance a submission can
be made to the CMC of the referring recommending transfer to the accepting centre.
Adult non-first time offenders on the program must volunteer. Case management file
material and InductioniScreening information are to be submitted to the Governor,
ParklealJohn Morony/Oberon, who will make a recommendation to the CMC.
Adult offenders placed at the ParklealJohn Morony Correctional Centre must have
families in the metropolitan area, or be known to be metropolitan based themselves
and must have a minimum of six months sentence remaining.
111.
No history of institutional offences of violence or drug trafficking unless there are
exceptional circumstances as determined by CMT assessment at the referring
correctional centre.
Referrals for offenders convicted for sexual offences can only be made with the
concurrence of the Governor, Parkleallohn Morony/Oberon Correctional Centre after
submission of well-documented case management material by the referring centre.
The Sex Offender Risk Assessment must have been completed, with the inmate
assessed as presenting a low risk of sexually reoffending. (Refer section - Sex
Offender Programs) The Governor, Parkleallohn Morony/Oberon, is to make a
recommendation to the CMC or Serious Offenders Review Council (for serious
offenders), acting on the basis of positive psychological assessment. Offenders
known for predatory practices within institutions are excluded. Offenders suspected
of predatory practices within institutions are not to be referred as adult nucleus until
suspicions are proven to be untrue.
Must not have outstanding requirements to complete programs or undertake
counselling or modify behaviour ego violence, sex offender, etc.
Must demonstrate a record of stability in current sentence.
Offenders should demonstrate a positive attitude to life and acceptance of
responsibility for involvement on the program.
Recommendations by the SORC will be considered by the Governor Parkleallohn
Morony/Oberon for placement on the Young Adult Offenders Program. These
recommendations, with comments by the relevant Governor are to be returned to the
SORC, whereupon a recommendation will be referred to the Commissioner,
Corrective Services.
No known current psychiatric problems or disorders.
Must be methadone free.
Regional Commanders with Young Adult Offender Correctional Centres within their
regions will have the right to review the entry of specific adult offenders on to the
specialised program and make appropriate recommendations to the CMC or the
SORC.
In addition to the above, for placement at Oberon Correctional Centre the inmate must:
*
*
*
have a sentence left to serve of more than two (2) months
have no significant medical issues, including disabilities, requiring 24 hour medical
services and/or prohibiting participation in outdoor education programs
have a clearance from a psychologist indicating suitability if offence is one of
112.
*
violence, and alcohol and other drug clearance if offence was drug related
if on protection, must voluntarily sign off prior to arrival at Oberon Correctional
Centre.
Referrals for Adult Nucleus inmates meeting the above criteria should be sent, on the official
form, to the Manager, Programs and Services.
NOTE: *
**
Young female adult offenders are managed within their centre of placement.
Appropriate programs (Refer Managing Young Adult Offenders Policy) must
be provided for them within each centre.
Special leave provisions apply for young adult offenders and nucleus
offenders (Refer section - Pre-Release Leave Programs)
113.
CRITERIA FOR THE IVANHOE (W ARAKIRRI) CENTRE PROGRAM
Legislation/Policy:
This program provides opportunities for male inmates to participate in skills programs such
as corrnnunity projects, National Parks programs and ground and building projects. It has
been established primarily for Aboriginal inmates. Entry into this program from other
centres is by way of Broken Hill Correctional Centre.
Ivanhoe is located midway between Parkes and Broken Hill, 210 kilometres north of Hay. Its
staff are attached to the Broken Hill Correctional Centre's roster.
Inmates who are considered suitable are classified to Broken Hill via Junee Correctional
Centre or Bathurst Correctional Centre to Broken Hill for assessment. Following the
assessment stage the inmates are accorrnnodated in the external unit of the
centre. There they will be able to participate in external ground maintenance, the market
garden and the Aboriginal Cultural Link Program. They are then eligible for transfer to
Ivanhoe.
It is envisaged that Ivanhoe will accorrnnodate 50 C2 and C3 inmates of Aboriginal and non-
Aboriginal descent from Broken Hill, WiJcannia and south-western New South Wales areas.
The work profiles are:-
Domestic Service Positions 5 $25
Ground Maintenance 15 $25
Building Maintenance 15 $35
Corrnnunity Projects 10 $35
Mobile Work Camp 20 $45
Criteria as at 30 June 2000
*
*
*
*
*
*
*
male inmates only
C2 or C3 category classification
2 years to earliest possible release date
No further court
Not convicted of a sex offence
Addressed underlying causes of offending
Inmate must not be an Ivanhoe resident
NOTE: Special leave provisions apply for inmates at the Ivanhoe Centre. (Refer
section - Pre-Release Leave Programs)
114.
CRITERIA FOR BREW ARRINA (YETTA DIllNNAKKAL) CENTRE
LegisJationIPolicy:
Brewarrina Centre is situated approximately 70 kilometres east of Bourke and has been
established primarily for Aboriginal inmates. The Brewarriua Centre is for male inmates
only.
The criteria for this centre as at 20 June 2000 are:
*
*
*
male inmates only
non parole period or fixed term of custody to be 12 months or less (EPRD to be
calculated on the aggregate iu the case of mUltiple sentences)
inmates convicted of sexual offences are excluded
*
inmates convicted of violent offences are excluded if they receive a sentence greater
than 6 months
*
*
inmates must be aged between 18 and 30
must be first time iu full time adult custody, or have served one previous adult
sentence of 6 months or less
(These criteria are subject to revision.)
NOTE: Special leave programs to inmates at the Brewarriua Centre. (Refer section
Pre-Release Leave Programs)
115.
CRITERIA FOR BREW ARRINA (YETTA DIDNNAKKAL) CENTRE
LegislationlPoJicy:
Brewarrina Centre is. situated approximately 70 kilometres east of Bourke and has been
established primarily for Aboriginal inmates. The Brewarrina Centre is for male inmates
only.
Criteria for selection of young adult offenders for placement onto the Yetta Dhinnakkal
Program are as follows:
*
must be sentenced male inmate
*
must be C21C3 classification
*
must have a non parole period or fixed term of custody of 12 months or less (EPRD
to be calculated on the aggregate in the case of multiple sentences)
*
*
*
*
must not be convicted of an assault offence where a weapon (ie. knife, iron bar etc)
was used in the assault
must not be convicted of sexual offence( s)
must be aged between 18 and 30 years
must be methadone free
must not have served a previous sentence of greater than 6 months in adult custody
and meet the above criteria
(These criteria are subject to revision)
NOTE: Special leave programs to inmates at the Brewarrina Centre. (Refer section
Pre-Release Leave Programs)
115.
CRITERIA FOR MOBILE OUTREACH PROGRAMS
LegisJationIPolicy:
These programs operate as self-sufficient mobile camps and inmates are supervised by
custodial officers. They nonna1ly operate Monday to Friday with the exception of Public
Holidays. Wages are paid in accordance with the Wages Policy at the base correctional
centre. Inmates who are eligible for leave conditions under the Pre-Release DaylWeekend
Leave Policy have an additional option of weekend leave each week after a qualifYing period
of three months on the program.
Criteria
*
*
*
The inmate must hold a C3 (Cat 1) classification
The inmate must have CMT/Governor support for participation
Serious offenders and Public Interest Inmates must have the Commissioner's
approval for participation after the Commissioner has considered a recommendation
of the SORC or SORC sub-connnittee.
NOTE: Once an inmate has been approved to participate in a Mobile Outreach
Program, this decision is to be entered on OMS using a Management
Programs Form (S2F22) by the Case Manager.
116.
MOTHERSANDCHllDRENPROGRAM
Responsibility:
*
*
*
*
*
*
Mothers & Children Committee
Co-ordinator of Mothers & Children Program
Case Management Team
Manager, Programs and Services
Case Manager
Case Officer
The phrase "young child or young children" is to be interpreted to mean children aged
between 0 - 13 years inclusive for the purposes of this program.
The Mothers and Children Program Policy was signed off by the Commissioner, Dr Keliher,
on the 22 November 1996 and by the Minister, Mr Debus, on 25 November 1996.
The Mothers and Children Program was established in December 1996. It offers a range of
options to female inmates with young children where the inmate is the primary carer of a
child/ren. Where the care of the child/ren are of innnediate concern because of the removal
of the primary carer consideration must be given to the prompt admission ofthe mother to
the program. All decisions about participation in the program are made with the best
interests of the child in mind.
An inmate may apply at any stage of her sentence or at any classification level for inclusion
in the program. The inmate must, however, be a category 2 or category 1 before being placed
onto the program.
The options under this program are as follows:
I. The Permitted Absence Program s26(2)(I), Crimes (Administration of Sentences) Act
1999) - under this option a mother may be released to serve the remainder of her
sentence in the community caring for her child/ren. The minimum guidelines for
release under s26(2)(I) are:
*
*
*
*
*
*
*
the inmate must be serving a sentence and have no further court
the inmate must have served at least 3 months
the inmate must have no more than 12 months remaining to her earliest
possible release date.
the inmate must be stable (not subject to alcohol and other drugs, no mental
health problems)
the inmate must have suitable sponsors and an address in NSW, or a place in
supported accommodation
Department of Community Services to issue an approved safety check
prior to imprisonment, the mother was the primary carer and had parental
responsibility
117.
2. The Full-Time Residence Program - under this option children live with their mother
full-time at the correctional centre. The age limit is new-born to 5 years or school
age. The minimwn criteria for full-time residence are:
*
*
*
*
*
*
availability of acconnnodation
appropriate security classification of the mother
children are to be under school age
Department of Connnunity Services to issue an approve safety check
prior to imprisonment, the mother was the primary carer and had parental
responsibility
the child/ren has been innnunised according to standard innnunisation
requirements
3. All Day Visits - under this option children can spend from early morning to late
afternoon with their mother at a correctional centre. There is no age limit. All day
visits can occur as often as every day (eg. when the child needs to be breast-fed).
The Occasional Residence Program - As part of this option children up to the age of
12 may come and stay with their mother on a part-time basis ego overnight, over the
weekend and on school holidays.
4. The Full-Time Residence Program currently operates at Emu Plains Correctional
Centre (Jacaranda Cottages) and at Parramatta Transitional Centre. For the purposes
of this program, the following will apply:
An inmate who is convicted for a violent crime, an offence against
children or who displays violent behaviour must have a Suitability
Assessment indicating appropriateness before placement in centre
locations acconnnodating a mothers and children program. The
Suitability Assessment includes psychological, AOD and centre
reports indicating suitability to be acconnnodated with children. 'The
Connnunity Services must clear any inmate with such offences for
placement within an acconnnodation area housing a mothers and
children program before the inmate can be placed there. The
Suitability Assessment, with the Department of Connnunity Services
clearance when appropriate, must be submitted to the Mothers and
Children Committee for determination. No appeal by the inmate is
possible when an application is denied.
5. No inmate can be accepted into the Mothers and Children Program without first
obtaining a clearance from the Child Protection Office of the Department of
Connnunity Services through the Co-ordinator, Mothers and Children Program.
118.
Procedures:
*
*
*
*
*
*
*
*
*
*
The inmate is to make a fotmal application (blue fOlm) which is to be forwarded to
the Co-ordinator of the Mothers and Children Program by the Case Manager.
The Co-ordinator of the Mothers and Children Program will complete the application
and prepare a submission to the Mothers and Children Committee for detennining
suitability for referral on to the program
The Co-ordinator of the Mothers and Children Program, after discussion with the
inmate, may recommend specific issues that must be addressed by the inmate and
which have been identified from the professional assessment process, ego ongoing
counselling, anger management etc.
The Co-ordinator of the Mothers and Children Program will refer submissions
approved by the Mothers and Children Committee to the Assistant Commissioner,
Inmate Management and then to the Commissioner for final approval for admission
into the program
On approval by the Commissioner, the inmate's case plan must be amended to
include all endorsed recommendations in the submission and any other requirements
of the Commissioner.
The Case Management Team will ensure that the case plan development has occurred
with the involvement of the inmate, and is clearly understood by the inmate. The
inmate must sign the completed and agreed case plan which then becomes the
Contractual Agreement between the inmate, the Case Management Team and the
Mothers and Children Program
The Contractual Agreement is to be countersigned by the Manager, Programs and
Services.
An inmate who does not comply with the Contractual Agreement may incur sanctions
nominated in the Mothers and Children Policy and imposed by the Case Management
Team.
The Case Management Team must refer any inmate who consistently does not
comply with the Contractual Agreement through the Co-ordinator Mothers and
Children Program to the Mothers and Children Committee for consideration.
The Mothers and Children Committee may recommend to the Commissioner removal
from the program of that inmate.
119.
TRANSITIONAL CENTRE (Parramatta)
Responsibility:
.. Regional Commander, Metropolitan Region
.. Governor of Transfening Centre
.. Manager, Transitional Centre
.. Case Management TeamManager, Programs and Services
.. Case Manager
.. Case Officer
.. Mothers and Children Connnittee
.. SORC and Sub Connnittees
LegislationJPolicy:
Section 26m Crimes (Administration of Sentences) Act 1999, No. 93
Section 26(2)(1) Crimes (Administration of Sentences) Act 1999
Refer to section Classification - Women
The Parramatta Transitional Centre first became operational in September 1996. It is a
community based centre for selected female inmates who wish to work intensively on post-
release goals. The centre accommodates women with children when approved by the
Mothers and Children Connnittee. (Ref Mothers and Children Program)
The centre's philosophy focusses on empowerment and de-institutionalsation. The women in
the program are intensively case managed and assisted in establishing a network of
community supports prior to release. Since the centre offers a community based
program, the women attend their programs in the community. They access programs
related to their assessed needs, for example: parenting; employment; financial management;
housing; education; health and fitness.
The aim of supporting the women in the pre-release phase of their sentences through the
Transitional Centre is to gain the necessary skills to relate as members of the community and
continue to access their support networks as and if needed.
Guidelines for Acceptance onto the Program
Case Management Teams are to use the following guidelines in deciding the suitability of a
female inmate for placement at the Transitional Centre, Parrarnatta. The inmate:
1. must hold a Category 1 classification, unless otherwise directed by the Commissioner
or Senior Assistant Commissioner;
120.
2. may not be placed in the Transitional Centre without an appropriate assessment
period in a correctional centre;
3. must have no further court matters (including appeal matters);
4. must have a sentence left to serve of between 3 months and 18 months. Exceptions
may be considered when a CMT, supported by the Governor, outline benefits specific
to a particular inmate. Preference should be given to referring inmates who have
served a lengthy sentence;
5. must not have tested positive to illicit drng or alcohol use during the previous 3
months (refusal to be tested is to be taken as testing positive). An inmate who has
tested positive may again be referred when no positive return has been recorded over
a period of at least 3 months;
6. is to be eligible to commence day leave or work release/education leave/work
experience before being placed in the Transitional Centre;
7. must be on an agreed special management plan before being placed in the
Transitional Centre if on psychotropic drngs;
8. must have had a satisfactory standard of behaviour during the previous 3 months;
9. must have an established case plan which includes clear post-release goals relating to
assessed needs, for example: parenting; employment; accommodation;
10. must have demonstrated a motivation to change through active participation in
relevant programs at the correctional centre, as outlined in the case management plan;
11. must be assessed as a suitable placement on a program which includes participants in
the Mothers and Children Program;
12. must give formal written consent to be placed in the Transitional Centre and must
given written agreement to conform to legislative, policy and case management
requirements. These requirements relate to:
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provision of urine samples
provision of breath samples
room and pat searches
access to health information relating to medication and/or existence of health
problems
access to financial records, particularly where resident has own bank account
and cashcard.
undertaking to participate in self-development programs
undertaking to participate in community service/voluntary work
responsibility for general tasks around the centre
121.
Procedures:
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The inmate is to make a fo1111al application (blue fonn) which is to be given to the
Case Manager by the inmate's Case Officer, requesting a transfer to the Transitional
Centre.
The Case Manager will call for progress reports from relevant inmate development
staff, CSI staff and custodial staff. These reports are to be attached to the Case Plan
for consideration by the CMT within 2 weeks of the application being submitted.
The Case Manager will notify the Manager of the Transitional Centre that a CMT
meeting is arranged to consider an inmate's application to transfer to the Transitional
Centre.
The Manager of the Transitional Centre will attend the CMT meeting, or will arrange
that either delegate attend, to provide advice to the CMT in its determining a
recommendation as to the suitability of the inmate.
The CMT's recommendation and any other required reports are to be forwarded to the
Govemor for comment.
The Case Management and Classification Co-ordinator is to forward all
documentation to the Manager, Transitional Centre, for a decision on the inmate's
suitability for inclusion onto the program.
The Manager, Transitional Centre, is to return the relevant fonn indicating
suitability/non suitability to the Case Management and Classification Co-ordinator.
The Case Management & Classification Co-ordinator is to forward all documentation
to the Case Management Committee for its consideration.
A decision by the CMC for placement at the Transitional Centre (excluding serious
offenders) must then be approved by the Regional Commander, Metropolitan Region,
before the inmate can be moved onto the program.
If the inmate is a serious offender, the CMC is to forward all documentation with
comment to the SORC for its consideration.
The Regional Commander, Metropolitan Region, after approving the transfer to the
Transitional Centre (after the Commissioner has given approval in the case of a
serious offender) will sign a section 26(2)(1) Order to enable placement in the
Transitional Centre to occur.
122.
Review of Decision
An inmate may request a review be undertaken when the decision is made that she is not
suitable for placement in the Transitional Centre. Such a request must be lodged, in writing,
with the Governor who is to forward it to the Regional Commander, Metropolitan Region, or
the Executive Officer and Registrar for serious offenders, together with all referral and any
new documentation, for re-consideration and detennination.
In the case of non serious offenders, the decision of the Regional Commander is final and
may not be appealed against.
Removal From The Transitional Centre
The Manager, Transitional Centre, may recommend to the Regional Commander,
Metropolitan Region, the removal of an inmate from the centre when it is detennined that the
inmate is not benefiting from the placement. Supporting documentation must be provided,
including a report and recommendation from the local CMT. Consistent breach of rules
and/or failure to comply with directions, disruptive/unco-operative behaviour, are some
reasons which may lead to such a recommendation being made. Removal from the
Transitional Centre is to be regarded as punishment in itself, and the inmate should not
receive additional penalties unless the reason for the removal is so serious to warrant a re-
classification recommendation by the CMT.
An inmate charged with a criminal offence must immediately be removed and placed in
a correctional centre.
Waiting List
The Transitional Centre Manager will determine priority of acceptance. The Manager will
need to take into account such matters as the sentence length remaining; centre inmate mix;
disability.
123.
MALABARSPEClALPROGRAMSCENTRE
Governor: Ph: (02) 9289 2300
Deputy Governor: Ph: (02) 9289 2301
(Area 1, 2 & 4)
Deputy Governor: Ph: (02) 9289 2201
(Area 3)
Programs Manager: Ph: (02) 9289 2383
Location
The Malabar Special Programs Centre is located within the Long Bay Correctional Complex,
which is on Anzac Parade approximately 12 kilometres south east of the Sydney GPO.
Street Address:
Postal Address:
Phone Number:
Fax Number:
Anzac Parade
Malabar NSW 2036
Locked Mail Bag 23
Matraville NSW 2036
(02) 9289 2302
(02) 9289 2103
The Malabar Special Programs Centre was named in 1997 and incorporated much of the
Long Bay Complex facility. The complex will, when renovations and re-structuring are
complete, provide therapeutic programs for inmates.
Capacity:
Classification:
Accommodation:
Approximately 441 male inmates.
All levels of security classifications are accepted into the
programs.
Single CeIVTwo Out accommodation.
Inmate Employment: There are three (3) Corrective Services Industries operating in
the centre:
Reg Boys Bakery
Cortex Division
Laundry
30 inmates
60 inmates
15 inmates
124.
PROGRAMS
AREA ONE
The Assessment Unit (ASu) Ph: 9289 2321/2342
NOTE: The booklet "Institutional Assessment Programs for Violent Offenders" must be
obtained prior to referring an inmate to the Violent Offenders Program.
The Assessment Unit (ASU) is the entry point for inmates referred to the 4 Stage Violence
Prevention Program. Inmates with a history of persistent violent behaviour are referred to the
ASU by staff at their gaols of classification. Only inmates satisfying the criteria of high risk
of reoffending and high needs level are considered. The ASU also functions at a statewide
level offering advice and training programs for staff engaged in the referral of violent
offenders at other correctional centres.
Having been referred to the MSPC inmates are comprehensively assessed in the ASU over
two weeks by the IDS team.
1. As part of the assessment for entry into the VPP inmates are required to undertake a
comprehensive psychological assessment based on behavioural observation, clinical
interview and psychometric testing. Most important during the assessment phase is
that the inforroation collected allows for a thorough analysis of violent behaviour to
be made in the context of the clinical backgroundlhistory of the client. This process
generates a treatment plan based on assessment data which includes a
recommendation that the inmate either enter the 4 Stage Violence Prevention
Program at the appropriate level or returns to his gaol of classification for further
individual work. The treatment plan is updated as the inmate progresses through the
program. When the inmates returns to his gaol of classification a detailed treatment
and case management plan will be provided.
2. If the offender fits the following criteria he is considered eligible for referral to the
ASU program:
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is sentenced for a violent crime and/or has a history of violent behaviour in
gaol and/or outside gaol
is assessed to be at high risk of reoffending
is sentenced and has no further court
is being released in six months time or later
is not on protection
is not in segregation
is willing to participate in group sessions
is not a risk of suicidelselfharm
is not presently suffering from a psychiatric illness
is not actively suffering from an acute psychological disorder
is literate
has not been punished for drug use in the last two months and
is on a stable dose of methadone
125.
NOTE: That the VPP is a voluntary program. Inmates cannot be classified or transferred to
the VPP without the undertaking the mandated referral process.
Referral Procedure:
Contact Manager, Program, MSPC
The 4 Staee Violence Prevention Pro!!I'am (VPP)
The 4 Stage Violence Prevention Program is a residential therapeutic community for inmates
with a history of persistent violent behaviour either within the correctional system, in the
community, or both. Each stage is operated as a separate program that is interlinked with the
next, building skills incrementally.
The program is an intensive intervention delivered primarily in a group format. It addresses
violent offending behaviours in a comprehensive way of integrating the skills leamt at each
stage with the offender's personality dynamics, present life situation and future perspective.
The integrative nature of the program is additionally achieved with input from program staff
from all disciplines (Psychology, Custodial, Education, AOD and Welfare).
Referral Procedure:
An inmate wishing to be referred to the VPP will need to make contact with a nominated
'referrer' at their correctional centre. The 'referrer' will complete the necessary procedures
and forward a completed referral package (obtainable from the ASU) to the ASU.
ASU and Statewide Violence Prevention Strateev
The work conducted within the ASU forms part of the broader strategy for the management
and treatment of violent offenders within the VPP. Within this strategy the ASU functions in
the:
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selection of violent inmates for the VPP from New South Wales Correctional Centres
provision of statewide training and on-going support to staff referring violent inmates
into the ASU, assuring high quality referrals
assessment of violent inmates' risk and needs
generation of differential treatment plans based on offender needs and targeted
problem behaviour
prioritisation of access to therapeutic programs based on comprehensive risk and
needs assessment
provision of data and the development of a database for future research in the area of
violent behaviour
126.
Access to IDS Services
Inmates in the ASU have access to medical, nursing, chaplaincy, welfare, AOD and parole
services. Access to these services are made through self-referrals.
Malabar Art Unit
The Malabar Art Unit is a full time intensive art program, with up to ten inmates
participating at anyone time. The program focuses on the visual arts as a vehicle for self-
development. Inmates are encouraged to explore their own interests in studio practice, to
build up their own art portfolios and to prepare their work for public exhibition through the
Boom Gate Gallery at Long Bay. The cultivation of their own creative skills enables inmates
to realise their individual potential within a multidisciplinary studio environment which also
encourages care and respect for the art and ideas of others. Greater confidence, self-esteem
and improved social skills are among the benefits of a program which caters for inmates of
all security classifications.
Referral Procedure:
Inmates interested in applying to become a full-time participant in the Malabar Art Unit may
do so in writing.
They should submit a blue Inmate's Application or Statement form stating reasons for
wanting to join the program
Staff with recommendations of suitable inmates can contact the Co-ordinator of the Malabar
Art Program on 9289 2312 (Tuesday to Friday 9.30am - 12.30pm).
127.
AREA TWO
Lifestyles Unit
The unit was originally established exclusively for mv positive inmates as a part of a
comprehensive effort to address the issue ofmv within the prison system. Due to the large
number of inmates with hepatitis C,the eligibility criteria for the Lifestyles Unit has now
been expanded to address this additional health issue.
Both programs are based on the Integrated Medicine Model, that is, one in which inmates are
encouraged through education and counselling, to explore alternative and complementary
disciplines and then integrate this knowledge into their treatment protocols. They are
encouraged to take responsibility for their own health and to adopt a pre-active approach in
the management of their individual health issues. Nutrition and cooking form the core of the
program which also covers stress management techniques, addresses drug use as well as
communication, grief and loss counselling. The mv groups run for a period of twelve weeks
and the hepatitis C groups for six weeks. The numbers are restricted to eight inmates per
group which allows for intensive case management.
Referral Procedure
1. The inmate should make application to the orc, LSU on a standard blue Inmate
Application Form. Information such as Min No., DOB, EPRD and classification
should be included.
2. The inmate should understand that recent gaol changes and associations will be
checked before any interview process takes place.
3. The orc or Assessment Officer from the MSPC will inform the inmate in writing of
the status of the referral once it has been received and processed at the LSU.
4. The inmate will be required to attend an interview with either the orc or the program
co-ordinator in order to be assessed for entry into the program.
5. The OIC or the program co-ordinator will inform the inmate's wing officer or case
officer as to when the inmate will be received into the LSU.
Intake Process
Once an inmate has been accepted into the LSU Program, his name is placed on a waiting
list. He is informed in writing as to the approximate date he will be received into the
program. In the case of a lengthy waiting list, entry into the program is prioritised according
to earliest release date. This information should also be placed in the inmate's case
management and parole files to facilitate the case management process of the individual.
An inmate cannot attend the program without his full informed consent. Prior to coming into
the program, inmates will be contacted and their verbal consent given.
128.
Transfer to the LSU is organised by the OIC in conjunction with the Program Co-ordinator
and the Deputy Governor.
Completion Process
On successful completion of the program a certificate of completion is issued. A discharge
summary is written on each inmate, the original of which is placed on his case management
file. the inmate is also given a copy of his discharge summary.
If an inmate is not going to freedom, after completing the program inmates are returned to
their gaol of classification. On occasion the inmate may be held in lOwing until there is a
vacancy in their gaol of classification.
Acute Crisis Management Unit - (ACMU)
Introduction
In 1993, the Waller Report on Suicide and Self Harm in Custody recommended the
establishment of specialist Crisis Management Units at Mulawa, Bathurst and Cessnock
Correctional Centres thereby allowing for such a resource in each region of the Department
and one central facility for women in custody.
The Cessnock ACMU opened in September 1998, the Bathurst ACMU opened in September
1999 and the Long Bay ACMU opened in October 1999. There is now a network of acute
crisis units and associated therapeutic programs which enable the Department to provide a
range of options to 'at risk' inmates. (The Mulawa Mum Shirl Unit provides a crisis
intervention program and a behavioural intervention program for female inmates with
multiple problems and behaviour problems, and was made functional in 1997).
Description of Service
The inmates who will be admitted to ACMU's will be predominately male, with females
admitted to Cessnock and Bathurst in transit for no longer than 48 hours, in crisis and
assessed as at risk of serious self harm or suicide. The length of stay will usually be for a
minimum of three to five days (to allow a thorough assessment) through to a maximum of six
weeks (commonly regarded as sufficient time for a severe crisis reaction to resolve).
The ACMU's provide best practice in correctional management of suicidal or 'at risk'
inmates where safe containment within a humane and supportive enviromnent is available.
The aim is to reduce access to the meaus to self harm within the least restricted enviromnent.
Eligibility
Eligible inmates include individuals who are having persistent thoughts of self-harm or
suicide and are judged as likely to act upon their thoughts in the immediate future.
129.
Eligible inmates also includes individuals who have recently acted to hann themselves and
are judged to be at risk of harming themselves again in the immediate future.
Eligible inmates does not include individuals who are seriously mentally ill. Such inmates
should be referred to CHS.
Referral Process
Contact the unit on (02) 9289 2378 and the staff on duty will take some preliminary details
over the phone. The referring centre will be asked to fax the RlT Mandatory Notification
Form and any relevant case notes to (02) 92892301 for attention OlC ACMU.
ACMU staff will evaluate the referral. The referring centre may be asked to provide further
details usually in a follow-up phone call by the Therapeutic Manager or Assistant
Superintendent. You will be notified of a decision usually within 24 hours.
Individual Assessment and Treatment
Individual assessment involves establishing the level of risk of self-hann or suicide that the
inmate is presently experiencing. The assessment endeavours to identify the events that have
triggered the suicidal or self-harming episode. The assessment explores the way in which the
individual has coped with problems in the past.
Individual treatment aims to assist the individual to resolve the immediate crisis in order to
return to his or her gaol of classification as soon as the level of self-hann risk or suicide risk
is sufficiently reduced. The general crisis resolution approach is to provide a supportive and
safe environment which allows sufficient time for the individual to recover from the distress
of persistent thinking or act of self-harm. After the inmate settles in the unit he or she is
encouraged to engage in practical problem solving and better ways of thinking in order to be
fit to return to his or her gaol of classification.
All ACMU staff participate in the assessment and treatment process.
Discharge and Transition
Prior to discharge from the ACMU a discharge summary is prepared which incorporates a
brief description of presentation on arrival and reason for referral, integration of assessment
findings, behaviour in unit and behaviour change, future case management plan and if
appropriate future psychological treatment needs and current risk status.
Other Specialist Units
Long Bay Hospital - the acute psychiatric ward of Long Bay Hospital admits suicidal or self-
hanning inmates who have a serious mental illness such as schizophrenia.
Kevin Waller Therapeutic Unit (formally Crisis Support Unit, Malabar Special Programs
Centre) Long Bay - This unit provides a 12-16 week individual and group therapeutic
residential program for inmates assessed as at long term serious risk of selfhann or suicide.
130.
An inmate in an ACMU with a long tenn self destructive patterns of selfharm or who
presents with genuine long tenn suicide risk may be referred to the KWTU for an in depth
assessment.
The Kevin Waller Therapeutic Unit
The Kevin Waller Therapeutic Unit (KWTU) is a self contained unit within the Malabar
Special Program Centre at Long Bay Correctional Centre. It offers a three to four month
residential therapeutic program for up to 14 inmates who have chronic histories of self-
harming behaviour andlor significant suicidal ideation and are not currently engaging in
active self-harm. Although the means to self-harm is minimised and supervision is
consistent, admission to the unit for management of risk alone is not appropriate. Risk
minimisation is not an end in itself, rather, it is the basis for enabling collaborative
therapeutic intervention.
The KWTU offers peer modelling, therapeutic milieu, behaviour and cognitive skills training
and supportive counselling according to an intensive group and individual residential
program. The program aims to assist inmates in dealing with issues associated with
impulsivity, emotional dysregulation, distress tolerance, problem solving and developing a
more integrated sense of self. Through these interventions inmates can be helped to make
lasting changes which will enable them to cope more effectively with gaol life as well as
giving them skills to achieve a less self defeating life on the outside.
The primary goals of the KWTU are to:
1. provide a safe environment
2. provide therapeutic environment
3. reduce the level of suicide risk of residents in both the short and long terms
4. make changes in psychological features of residents that directly effect the leave of
suicide risk (ie. reduce levels of depression, anger, hopelessness, or increase coping
skills, distress tolerance, empathy etc)
5. encourage residents to make life choices that improve their quality oflife
6. engage in thorough assessment of residents to assist in the discharge of these residents
with appropriate follow up
Eligibility
Each inmate's application will be assessed on their potential to benefit from the unit and their
ability to integrate with the unit's population. An inmate's entry may be deferred if they are
assessed as being too unstable (eg. currently, psychotic, currently suicidal) at the time of
referral. Genuine motivation to be engaged in the therapeutic process as offered is necessary.
As vacancies on the program are limited, decisions to reject or defer admissions must be
made when referrals exceed vacancies. These decisions are based upon a combination of
factors which are reviewed by the unit's Assessment Team.
131.
Referral Process
Departmental psychologists complete the assessment package and send it to the KWTU. If
an inmate wants to refer himself, or any other staff member thinks the program may benefit
an inmate, they need to speak with their local psychological who will follow the formal
assessment/referral process. If a psychologist is unsure whether a referral would be
appropriate they can contact the KWTU psychologists to discuss the situation prior to
proceeding.
Ifnecessary the psychology staffwill send an assessment pack to the psychologist at the
referring centre and provide over the phone advice and consultation on the administration of
the pack. The assessment is expected to take 3 -4 hours to complete and proper convention
must be adhered to in its administration.
The completed assessment pack is sent to
Psychology
Kevin Waller Therapeutic Unit
Malabar Special Program Centre
Long Bay Correctional Centre
Intake Process
Once an inmate is assessed as suitable the referrer will be informed and a time frame
specified. Transfer to the unit is initiated by the MSPC who will contact relevant staff in the
inmate's current location. Inmates are not classified to the MSPC or KWTU and retain their
gaol of classification while in the unit. Classification status can be reviewed while on the
program if a scheduled review is due or under special circumstances. Inmates will return to
their goal of classification upon discharge from the unit.
Discharge from Program
Inmates typically remain in the program for three to four months. In some cases this may be
extended following clinical assessment on a risk and needs basis. Inmates may be discharged
early from the program if.
they appear unwilling/unable to be engaged in the therapeutic process
they seriously breach the unit rules
AREA THREE
3 and 4 Wing - Sex Offenders Program (Refer Section - Sex Offender Programs)
3 and 4 wing houses up to one hundred and sixty minimum security inmates who have
committed sexual offences. These wings provide a dual focus on programs for sexual
offenders and industry. It is anticipated that 3 and 4 wing will be the prime feeder units for
Custody Based Intensive Treatment Program (CUBIT). Programs offered include PEP,
132.
CORE, A&OD, TAFE & A VETI courses and psycho educational programs to prepare sexual
offenders for treatment and! or assessment. Aggressive, violent or disruptive behaviour is not
tolerated in 3 and 4 wing, therefore the classification and case management process in the
referring centre is to take particular care to screen out disruptive, violent and otherwise
unsuitable inmates.
Entry Criteria
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Must be serving sentence for a sexual offence, or be considered a sex offender by the
Co-ordinator, Sex Offender Programs.
Must have minimum security classification.
Must be able and willing to work in industries (laundry, bakery or textiles). There is
no provision for light duties work.
Must not have a record of aggressive or intimidating behaviour in the last twelve
months.
The inmate ought to have participated in a sex offender program during the current
sentence or have some reasonably positive motivation to participate in one or more of
the sex offender programs available at the MSPC. Assessment for participation in a
program can occur before placement at the MSPC or after arrival.
If the applicant is on medication, he must be able to work (eg. anti-psychotic
medication etc). Methadone is not available/prescribed at MSPC Area 3.
Referral Procedure
(Refer to Section Sex Offender Programs)
Contact Manager, Programs and Services, MSPC for further information.
CUBIT
CUBIT is a custody based intensive therapy program for men who have sexually abused
adults, children or both. Inmates admitted to the program will be accommodated in a
therapeutic community designed to help them work intensively on changing the thinking,
attitudes and feelings which led to their offending behaviour. The CUBIT program runs
primarily in a group format though it also allows for individuals to work at their own pace.
Participation ranges 33-52 weeks, depending upon each persons progress. Inmates enter the
program towards the end of their sentence and must be minimum security. The CUBIT
program consists of modules aimed at changing offending patterns and rebuilding more
healthy ways ofrneeting personal needs. All participants will attend some 'core' modules
which will continue throughout the program. Other shorter modules will address needs
which are more likely to vary between individuals.
133.
CAPITAL WORKS DEVELOPMENT
The redevelopment of Long Bay includes additional therapeutic programs to be established
within the MSPC. These programs include:
Intellectually Disabled Unit
Pennanent CUBIT
SECURITY
redevelop 5 and 6 wing area 'old CIP'
redevelop 1 and 2 wing area 'old CIP'
A brick perimeter wall, razor wire, video surveillance cameras and sterile zones are used to
ensure security. Every staff member has a personal duress alarm and response teams are in
place for each area.
VISITS
Visits to inmates are available on Saturday, Sunday and Public Holidays. Visiting hours are
between 9.30am and 3.00pm
TRANSPORT
By private car or public transport. The bus service leaves Railway Square or Eddy Ave route
no. 393 or Circular Quay, route no. 394 or L94.
134.
THE INTENSIVE CASE MANAGEMENT UNIT (ICMU) - GOULBURN
CORRECTIONAL CENTRE
The NSW Department of Corrective Services is committed to the effective management of all
inmates. This includes the safe and secure management of inmates who exhibit excessively
disruptive behaviour, including violence directed at staff or other inmates.
The Department has given effect to this policy through the development and operation of
Intensive Case Management. Intensive Case Management is an extension of Case
Management. Its distinctive feature is the increased staff and inmate interaction within a
separate and specialised unit at Goulburn Correctional Centre. Policy Document, 1
September 1996
NOTE: Criteria and procedures are currently under review and will be re-issued
to coincide with the opening of the new purpose built unit at Goulbum Correctional
Centre (Area E) due to occur in December 2000.
Criteria for referral to the ICMU:
1. Referrals to the ICMU can include sentenced and unsentenced male inmates who
exhibit violent and/or excessively destructive behaviour and a resistance to changing
behaviour through case management. The range of unacceptable behaviour
includes:-
Substantiated threats to staff or inmates that cannot be managed through a
management contract or a change of placement.
Substantiated threats to the 'good order' of a centre which cannot be resolved
through a change of placement or other management options.
An inmate with a history of non-compliance in the current sentence period, ego
previous misconduct charges, previous segregation periods; previous cases of
refusing lawful directions.
An inmate who is unable to associate satisfactorily with others within that
centre's normal regime, and who is considered a security risk at any other
correctional centre due to excessively disruptive behaviour.
An inmate identified as being involved in covert activities and who is
considered a high security risk to a correctional centre.
2. Non-participation in programs or industry is not sufficient reason in itself for
considering an inmate for the ICMU.
3. The assessment process takes place at Goulbum Correctional Centre and includes
psychological, psycho-social and health testing. It considers the behavioural and
disciplinary history of each inmate. An inmate who has a proven, but isolated,
episode of unacceptable behaviour may not be suitable for Intensive Case
135.
Management. In addition, an inmate's disruptive or violent behaviour may be the
product of a major drug and alcohol problem which may not make him suitable for
Intensive Case Management.(See referral procedures).
4. Should an inmate's behaviour be considered unacceptable in a minimum/medium
security centre, the inmate is to be managed at a higher security rating, ego CI to B, B
to A2, prior to referral to the ICMU.
5. When an inmate is referred to the ICMU for assessment from a minimum or medium
security centre, his classification is changed during the assessment phase to reflect his
placement on either Stage I (AI) or Stage 2 (A2). This does not apply to EI inmates.
E2 inmates can be reclassified to E 1.
6. An inmate on segregation either sentenced or unsentenced, may be considered for the
ICMU, but the segregation order must be completed or revoked before he is admitted
to the program
Procednres for referral:
1. The initial referral of an inmate to the ICMU should be made by the Governor of the
referring centre, on the recommendation of that centre's CMT. If the inmate is a
serious offender, the referral is to be sent to the SORC Secretariat.
2. The referral should provide a comprehensive history ofthe inmate's disruptive
behaviour; the outcome of previous management strategies; and the outcomes sought
for the inmate by referring him to the ICMU.
3. The recommendation of the referring CMT, together with any reports or comments by
relevant staff, are to be forwarded to the Governor of Goulburn Correctional Centre.
Arrangements are to be made by the Governor, Goulbum Correctional Centre for a
CMC to consider the referral and determine whether the inmate should enter the
assessment phase. Reasons must be given to those referring whenever the referral is
not accepted.
4. If the referral is rejected, a written justification with an altemative recommendation
for management is to be supplied to the referring centre by either the CMC,
Goulburn Correctional Centre, or by SORC, for SORC managed inmates.
5. Ifapproved, the Manager Movements, Inmate Classification and Case Management
Branch, will issue a removal order to the Governor, Goulburn Correctional Centre,
who will then organise the transfer of the inmate. Consultation with the referring
centre and the Director, Inmate Classification and Case Management Branch, will be
necessary. Inmates will not be transferred until final approval has been received and
will have to be temporarily accommodated in a secure area at the centre until then.
The case management file as well as psychological, warrant and CHS files must
accompany the inmate at the time of transfer.
6. The Corrnnissioner, Senior Assistant Corrnnissioner, Inmate and Custodial Services
or Assistant Corrnnissioner, Inmate Management, and the HSIMC have the authority
to transfer inmates to the ICMU for assessment and/or placement, in extreme
136.
circumstances. Reports and details will be forwarded to the Governor, Goulbum
Correctional Centre, within 48 hours, to assist the CMC assessment for placement in
the unit.
137.
16 INMATES WITH DISABILITIES
Responsibility:
,.. All staff - Custodial, Administrative and Inmate Development - who are in any way
involved in or responsible for inmate management &/or program provision.
" Manager Disability Services
LegislationIPolicy:
Corrective Service's Disabilitv Action Plan 2000 - 2002
NSW Disability Services Act 1993
Connnonwealth Disabilitv Discrimination Act 1992
NSW Anti- Discrimination Act 1977
Definition of Disability:
Disability refers to intellectual disability, psychiatric illness, acquired brain injury, chronic
illness, visual, auditory or physical impairments, or to combinations of these which have
resulted in reduced capacity in one or more major life activity such as connnunication,
learning, mobility, decision making or self-care. (As a result of this reduced capacity,
enhanced levels of support need to be provided in order to help the inmate cope satisfactorily
whilst in custody.)
The Department's Obligations re the Provision of Services & Programs
to Inmates with Disabilities
In its Disability Action Plan, the Department has stated that NSW Corrective Services aims
to provide programs, services and facilities which are accessible to and supportive of people
with a disability and which allow persons with a disability to use those services and facilities
to the same extent as other people.
The Department has also stated that the general management of inmates with disabilities
must take into account the additional support needs arising from the inmates'
disabilities so that 'duty of care' can proceed in the most humane manner.
Contact Numbers
Level 16 Roden Cutler House
24 Campbell Street SYDNEY
Ph. (02) 92891211 or 9289 1034
Fax (02) 92891589
Policy and Projects Officer
Ethnic Inmates
Level 7 Roden Cutler House
24 Campbell Street SYDNEY
Ph. (02) 9289 1302
Fax (02) 9289 1262
138.
Requirements Of The Disability Action Plan
The following initiatives included in the Disability Action Plan are to be incorporated into
current management practices:
1. Advise the Disability Services Unit of inmates with disabilities where this is
requested on various fomlS and files in use throughout the case management process.
E.g. Case Management Files, Health Problem Notification Form etc.
2. Use an accredited interpreter for interviews with inmates who have hearing
impairments, particularly in the case oflengthy or complex interviews. E.g. Case
Management Review Meetings. A Departmental Budget is in place for this purpose
and assistance in arranging an on site interpreter is provided by the Policy and
Projects Officer, Ethnic Inmates.
3. Use an accredited interpreter for interviews with inmates who have a disability
and who are from a Non English Speaking Background, this is particularly
important if the inmate has a disability which affects communication e. g. intellectual
disability or acquired brain injury. Assistance in arranging an accredited on site or
telephone interpreter is provided by the Policy and Projects Officer, Ethnic
Inmates.
4. The Department has a number of Telephone Typewriters (TTYs) available for loan to
inmates with hearing impairments or other communication problems which prevent
them from using standard telephones. Loan of a TTY can be arranged through the
Disability Services Unit.
5. Contact with the Disability Services Unit must be made in the following situations:
a. Before a disability alert is placed on the OMS
b. Before placement decisions are made for inmates with a disability.
When placement in one of the special units for inmates with intellectual
disabilities is proposed (Placement in these Units requires prior approval of
the Manager Disability Services)
c. Before decisions are made to include or exclude inmates with disabilities from
any program including the Pre-Release Program and the Young Male Adult
Offenders Program
d. Where adjustments to services or the environment need to be made for the
inmate to cope satisfactorily but where such adjustments are beyond the
resources available locally
e. Before a decision is made to charge an inmate who has a disability with
escapmg
139.
17 DRUG COURT PROGRAMS
Responsibility:
~ General Manager, MRRC
~ Governor, Parramatta CC
~ Governor, Mulawa CC
~ Governor of Transferring Centre
~ OlC Parramatta Court Cells
LegislationIPolicy:
Drug Court Act 1998
Amendments Dec 1999
The Drug Court is a special court with the responsibility for handling offences committed by
people who are dependent on prohibited drugs. The Drug Court helps a drug dependent
offender to deal with his or her drug dependency by combining medical treatment and
services with comprehensive supervision by the Probation & Parole Service and the Court.
The Drug Court operates from the Parramatta Court complex. It is presided over by a Judge
who has both District Court and Local Court jurisdiction.
The Drug Court aims to:
reduce crime associated with illicit drug use
reduce criminal activity
have a participant cease illicit drug use whilst on the Drug Court Program
improve a participant's health and social functioning.
Eligibility for the Drug Court
An offender must:
be an adult
be charged with an offence which does not involve violent conduct, sexual assault or
a serious drug offence
have no such offences pending before a court anywhere
be dependent on a prohibited drug
be likely to be sentenced to imprisonment for the offences with which he or she is
charged
usually resides in the Western Sydney region
plead guilty
be willing to participate in a Drug court program.
The Drug Court is a pilot program based in the Western are of Sydney and at present is
limited to 300 eligible participants. Places on the program will be offered on a random basis.
This means that although someone might be eligible he or she may not be offered a place in
the program due to lack of places at the time.
140.
If they are not accepted into the Drug court program they will normally be referred back to
the Court which sent them to the Drug Court. Their court case will continue in that court as
if they were never sent to the Drug Court.
Steps Undertaken in the Assessment Phase ofthe Drug Court Program
An offender is remanded in custody by a court either District or Local, and referred to the
Drug Court. The remand period wiJI usually be for 1 - 2 days. During that period the offender
wiJI be accommodated in the Detox area of the MRRC or Mulawa.
The purpose of the remand is for the CHS staff to access drug dependency.
The offender then makes his or her initial appearance before the Drug Court.
Other eligibility criteria are checked and the offender may be offered a place for the next
phase of the assessment. If successful and wiJIing to participate the offender will again be
remanded in custody for a period of approximately 10 days. The offender will again be
accommodated in the Detox area of the MRRC or Mulawa.
During this period of remand the offender will be further assessed by CHS staff and a drug
court program will be developed. This may include community based program or a
rehabilitation centre based program
The offender then returns to the Drug Court and a fina1 assessment by made by the Drug
Court Team which comprises the Judge, Defence Lawyer, Prosecution Lawyer, Police, CHS
and Probation & Parole Service.
If accepted onto the Drug Court program the offender is then asked to enter a guilty plea to
the charges, convicted and sentenced to a fixed term of imprisonment, the sentence is
then immediately suspended, and the participant then released from the court.
This process is unique to the Drug Court and for any further period of imprisonment in
terms of a sanction imposed by the Drug Court the participant is to be considered a
sentenced inmate.
Steps Undertaken During the Drug Court Program
During the period of the Drug Court program, which usually lasts 12 months, the participant
may breach the conditions of the Drug Court program If the breach of conditions of the Drug
Court Program (NOT a new criminal offence) is serious the Judge may impose a sanction of
a period of imprisonment for up to 14 days. This sanction of a period of imprisonment is not
deducted from the original sentence and there is no limit as to the number of sanctions the
Judge may impose during the participants program.
For the period of the sanction the participant is to be considered a sentenced inmate
and be accommodated in the areas usually identified for newly arrived sentenced
inmates with a minimum security classification. This includes the Drug Court wing at
Parramatta Correctional Centre.
141.
The exception to this is when the participant is identified as requiring a detoxification.
This requirement is specified on the Warrant from the Court the participant is then to
be accommodated in the detox areas of the MRRC and Mulawa.
The warrant will also identity that the participant be released from the Centre at the
conclusion of the sanction period or be returned to appear before the Drug Court. Should the
participant appear before the Drug Court they will be released from the court to continue on
the program
During the period of the Drug Court program the participant has the option of nominating
that he or she does not wish to continue on the program. The Judge will then set aside the
original sentence and has the option of imposing any other sentence ( except a greater period
of imprisonment), including alternatives to imprisonment. Should the participant be
sentenced to a period of imprisonment he or she is to be considered as a sentenced inmate,
with the normal classification and placement procedures to be followed.
Also at any time during the Drug Court program the Drug Court Team may consider that the
participant is not fulfilling his or her obligations or they have cormnitted further offences, the
team may take the view that" there is no useful purpose in the participant continuing on their
program Should this decision be made the participant is tenninated from the program The
original sentence is set aside and the Judge may impose any other sentence (except a greater
period of imprisonment) and this usually is given in terms ofa minimum and maximum
sentence. The Judge may also sentence the inmate on any other outstanding charges put
before the Court.
At the successful completion of the Drug Court program the participant graduates from the
program and the Judge sets aside the original sentence and can impose any other sentence
(except a greater period of imprisonment) including alternatives to imprisonment.
Recognition of successful completion ofthe Drug Court Program must be given when
detennining the case management of the inmate, including his/her classification and
placement.
The Impact of the Drug Court Program on Other Court Orders
The Judge of the Drug Court has the jurisdiction to deal with a number of other orders that a
participant may have breached by the cormnitting of the offence which resulted in his or her
referral to the Drug Court. This includes breach of supervision orders. Where the committing
of the offence constitutes a breach of parole supervision the Parole Board has agreed in
principle to defer action on the breach whilst the parolee is a participant on the Drug Court
program or if the inmate is already serving balance of additional term the Parole Board may
regrant Parole to enable the participant to enter the Drug Court program Similarly when a
periodic detainee is referred to the Drug Court and the offence/ sentence constitutes a breach
of the Periodic Detention Order, again the Parole Board, which now oversights Periodic
Detention, has taken the view that a Drug Court participant although sentenced by the Drug
Court is not serving a sentence ( the sentence is suspended) and therefore the breach ofPD is
not established.
142.
The primary responsibility for the General Manager, MRRC and the Governor, Mulawa and
Parramatta, is to ensure that the participants of the Drug Court are accommodated in the
required areas. The responsibility of the Governors of other Correctional Centres which may
house inmates who, during remand periods, are then referred to the Drug Court is to ensure
the preparation of Section 23 for intergaol transfer of the inmate to the MRRC for the initial
phase of the assessment.
All sections of the Correctional Centres Act relating to the discipline of inmates apply
to Drug Court participants.
143.
18 EXTERNAL PRE-RELEASE LEAVE PROGRAMS
Responsibility:
,r Regional Commander
<r Governor
<r Manager, Programs and Services
<r CMC
<r CMT
<r Case Management & Classification Co-ordinator
<r Pre-Release Leave Committee
<r Pre-Release Programs Unit
LegislationIPolicy:
Refer to OPM Section 18
Sections 67 and 68 of the Crimes (Administration of Sentences) Act 1999 - Victims' Register
Section 26 of the Crimes (Administration of Sentences) Act 1999 states:
(1) The Commissioner may issue a permit (a local leave permit) allowing an inmate to be
absent from a correctional centre:
(a) on such conditions and for such period as may be specified in the permit, and
(b) for such purpose as the Commissioner considers appropriate.
(2) Without limiting subsection (1) (b), the purposes for which a local leave permit may be
issued including the following:
(j) enabling an inmate to apply for work or attend an interview with an employer
or prospective employer,
(g) enabling an inmate to attend a place of education or training in connection
with any course of education or training in connection with any course of
education or training,
(h) enabling an inmate to engage in employment specified in the permit,
(i) enabling an inmate to have weekend leave,
(j) enabling an inmate to reside at a transitional centre,
(k) enabling an inmate to attend tuition or perform work in connection with a
course of education or training being undertaken by the inmate,
144.
(I) in the case of a female inmate who is the mother of a young child or young
children, enabling the inmate to serve her sentence with her child or children
in an appropriate environment.
External Pre Release Leave Program Policy
NOTE: a. Forensic patients will only be pennitted to participate in an external pre-
release leave program if the Commissioner has given approval for their
participation after consideration of a reconnnendation of the Pre-Release
Leave Committee of the SORC (refOPM 18.6.4)
b. Attention is drawn to section 25 of the Crimes (Administration of Sentences)
Act 1999 which provides for local leave Orders in certain circumstances.
c. The Case Management and Classification Co-ordinator must contact and
advise the Connnunity Liaison Officer, Victim's Register (Restorative Justice
Unit) in writing before a C3 is considered whenever the alert screen indicates
that a victim has been registered. The SORC (for serious offender and public
interest inmates) and the CMT/CMC must await a response from the
Connnunity Liaison Officer before proceeding. Victims are given 14 days to
make a written submission. This requirement does not apply for any escorted
absence from the correctional centre, or for supervised activities within the
correctional centre complex.
While legislation requires the Department to contact only registered victims of
serious offences, it has determined that registered victims of non serious
offences will similarly be advised.
A VICTIM'S SUBMISSION MUST NOT BE FILED ON THE INMATE'S
CASE MANAGEMENT FILE, but must be shredded after the CMT/CMC has
considered its contents. The Restorative Justice Unit ONLY will maintain
records of victim's submissions.
(For detailed treatment of the Pre-Release Leave Programs refer to section 18 of the
Operations Procedures Manual [OPM).) The Pre-Release Leave Program is currently
being reviewed, to be finalised by September 2000.
In order to assist inmates to re-enter community life the following external pre-release leave
programs are available as part of the case plan development process:
1. Day Leave - absence from centre with approved sponsor from 8 am to 8 pm at
intervals of not less than 28 days. Imnates may be required to supply a urine sample
and breath analysis and be subject to pat searches and bag searches on return to the
correctional centre (Refer External Pre Release Leave Policy)
145.
2. Weekend Leave - an inmate may apply for Weekend Leave 28 days after successfully
completing 3 Day Leaves at any centre. Weekend Leave can be taken with approved
sponsors at 56 day intervals only and excludes Day Leave. (Refer OPM section 18
Work Releasees) Normal Weekend Leave is from 4 pm Friday to 8 pm Sunday,
Governor's discretion applies. See OPM 18.5.2.2 for Governor's discretion in respect
of shift workers and full-time students. Inmates must supply a urine sample on return
to the centre and be breathalysed.
3. Isolated centres and Young Adult Offender Programs - inmates held in isolated
centres, inmates participating in the Specialised Young Adult Offender Program, and
Adult Nucleus inmates may apply for a Day Leave at 14 day intervals and, on
completion of3 successful Day Leaves, may participate in Weekend Leave at 14 day
intervals at the Governor's discretion. They are subject to the stipulated urine and
breathalyser tests for external programs.
Isolated centres: Broken Hill, Glen Innes, Kirkconnell, Oberon, Mannus, St Heliers,
Junee, Ivanhoe and Brewarrina.
4. Work Release, Stage I - enables inmates to take part in full/part time paid
employment under the same employment conditions as members of the general
community. An assessment period which includes at least two successful Day Leaves
is a requirement before employment can be entered into.
Inmates on Work Release are subject to random urine testing and breathalysing.
Part-time work release is pennitted provided that inmates continue to seek full-time
employment and/or undertake relevant educational courses relevant to employment
on non-workdays.
Weekend Leave is available every 28 days provided an inmate's conduct and industry
is maintained at a satisfactory level on this program ..
Work Release, Stage II - Work ReleaseeslFull-time students become eligible for
weekend leave EVERY WEEKEND if they are within the last six months of their
EPRD and have served half the time available to them on the program. (This is
calculated by dividing the period between the date of entry on the program to the
expiry date of custody.)
A Governor may approve inmates on this Stage to proceed to Leave directly from
their work or place of education and to return to the centre on Sunday at a time
determined by the Governor.
5. Educational, vocational and life-skills programs must be conducted by accredited
organisations and should enable inmates to develop employment and/or skills.
Inmates on these programs are subject to monthly random urine testing.
146.
Weekend Leave is available at 28 day intervals to full-time students undertaking
fonnal extemal studies outside the centre. The same conditions apply to full-time
students as those that apply to full-time employees. (This privilege may be more
frequent. See under Work Release Stage II). Fonnal studies are those which lead to a
specific qualification or degree.
With the approval of the Governor, Weekend Leave may be available to part-time
students whose study is complemented with part-time employment/work experience/
vocational training/industrial training/education which together equate to a minimum
of 5 full days per week.
The Govemor can, for education/life skI1ls programs, waive the requirement of2
prior day leaves following representations from the CMT when a good case justifies
such an action.
6. Industrial TrainingIW ork Experience - this is part-time work conducted in
conjunction with education and/or vocational training and may be paid or unpaid.
(See no 5 above).
Inmates are subject to random urine tests.
7. Community Projects - activities which involve inmates making a contribution to the
outside community. These programs can be supervised (for C2/Cat 2 inmates) or
unsupervised (for C3/Cat 1 inmates).
8. External, supervised activities - activities which involve inmates taking part in
activities in the community such as sport, leisure etc. These programs will be
supervised for C2/Cat 2 inmates. (Refer Section 18 Public Interest Inmates).
Inclusion in these programs is not routine nor an automatic entitlement and may only be
considered if there is a proper Case Plan in place which demonstrates the inmate will benefit
by participating in the program. In general, an inmate must have performed at a satisfactory
standard in conduct, industry and training within a reasonable time before applying and have
made genuine efforts to address underlying issues which have been determined as
contributing to hislher offending.
Eligibility Criteria
NOTE: For inmates with disabilities, the particular case is to be referred to the
Disability Services Unit for advice BEFORE any decision (either to include or exclude
an inmate from the program) is made. If the inmate is a serious offender or a public
interest inmate, the local CMT MUST refer to the DSU for advice BEFORE
recommending a case plan for the inmate.
Refer Brewarrina and Ivanhoe Programs - OPM 18.5
1. Must be C2 or C3 (Cat 2 or Cat 1) in order to apply.
147.
2. Must have had a clear urine for the previous 6 months (previous 3 months for female
inmates)
3. For male inmates, must be within 18 months of effective EPRD AND have served
half the minimum term of custody. Application can be earlier than 18 months prior
to EPRD. However, if approved, the privilege will not commence until the inmate is
within the 18 months of the EPRD. (Female inmates, refer pt 7 below)
4. Must meet requirements under 'sponsor' as detailed in the External Pre Release
Leave Policy.
5. If the minimum or fixed term for male inmates is less than 12 months the CMT must
establish that 'special circumstances' exist which demonstrate that these programs are
essential to the inmate's successful return to community life.
6. Male inmates serving sentences ofless than 6 months are not eligible to participate in
any pre-release program. (Refer Classification - Women)
7. There is no sentence length restriction for a female inmate to participate in pre-release
leave programs. Female inmates must, however, be assessed as suitable before they
can be included in such programs.
An application claiming special circumstances for a male inmate must be supported by the
CMT and Governor and endorsed by the CMC.
Public Interest inmates, male and female, cannot participate in external pre-release programs
unless the Commissioner has first given approval after considering a recommendation from
the Pre-Release Leave Committee.
Serious offenders managed by the SORC cannot participate in external pre-release programs
unless the Commissioner has given approval after considering a recommendation from the
Council for such participation.
Checks on sex offenders for potential risk to children must be carried out in consultation with
DOCS (contact through the Senior Regional Psychologist).
Procedures - Generic:
1. The CMT must consider an inmate's application for a pre-release leave program and
ensure that it meets the criteria. It makes a reconnnendation including any
restrictions/limitations it considers appropriate.
2. The recommendation and all supporting documentation is submitted to the Governor
for comment.
3. If the application involves a reduction to C3 (Cat 2 or Cat 1 for females) the Governor
forwards all documentation to the CMC with comments supporting or not supporting
the CMT's recommendation.
148.
4. The Governor is responsible for checking the inmate's eligibility and signing the
initial s 26 Permit.
5. Applications seeking approval for pre-release programs which require entry into the
Australian Capital Territory must have s26 Permits signed by the Regional
Commander. If the inmate is housed at Junee the s26 Permit is to be signed by the
Senior Assistant COnmllssioner, Inmate and Custodial Services.
6. Applications by Public Interest inmates are to be referred to the CMT with all
documentation according to the PRLC checklist (Refer to the Forms Section). The
recommendation of the CMT is forwarded through the CMC to the Pre-Release Leave
Corrnnittee (See Public Interest Inmates).
7. Applications by serious offenders are to be referred to the SORC through the CMC.
8. Applications by Forensic Inmates for pre-release programs are to be referred to the
CMT which is to follow the procedures laid down for Public Interest Inmates.
9. The Case Management and Classification Co-ordinator must check the Alert
Screen for each inmate being considered for an unsupervised extemalleave
program to determine whether a victim has been registered. When a victim has
been registered, the Community Liaison Officer, (Restorative Justice Unit) must
be contact, in writing before a C3 is considered. (Refer Note 3 at the beginning
of this section)
149.
19 EXTERNAL LEAVE PROGRAMS FOR INMATES SUBJECT
TO DEPORTATION/REMOV AL ORDERS
Responsibility:
... Governor
,.. Records Clerk
... Case Manager
LegislationIPolicy:
18.4.6 (Operations Procedures Manual) states that:
"The liability to enforced departure from Australia should whenever possible, not affect
decisions concerning access to pre-release programs or the classification of inmates. "
COMMENT
There are three categories of inmates who can be in custody and subject to the jurisdiction of
the Department ofInmrigration and Multicultural Affairs:
a) uulawful non-citizens
b) Criminal Justice Stay Visa (a non-citizen who has been extradited to Australia to
face criminal charges. When the Criminal Justice Stay Visa expires the non-citizen
is removed.)
c) permanent residents who are being considered for deportation (expression of
interest issued)
(a) & (b) categories are subject to "removal" from Australia on being released from custody
on or after their EPRDs.
Category ( c) inmates are liable to criminal deportation if they are sentenced to a minimum or
fixed term of 12 months or more and the Department ofInmrigration and Multicultural
Affairs has issued an expression of interest. As of 1 June 1999, no time limit applies for
when the sentence is incurred.
ALL categories are eligible to be considered for unsupervised temporary absences from a
centre (as they are deemed to be still in custody), but they must satisfy all criteria. If such
absences involve employment (eg work release) inmates in categories in a) and b) require a
Bridging Visa Class E issued by the Department of Inmrigration & Multicultural Affairs. A
Bridging Visa is not required for inmates who are permanent residents. Warrants should be
examined for this Bridging Visa before reconnnending an inmate in any of the above
categories for Work Release. A Bridging Visa Class E is not required in the case of day or
weekend leave. (Approximately 6 months prior to an inmate's EPRD, the Department of
150.
hnmigration and Multicultural Affairs will review the status of a pennanent resident and
make a detennination. This process could take 3 or 4 months to conclude.)
Procedures:
1. The Governor receives the Expression ofInterest from the Department of
Immigration & Multicultural Affairs and passes it on to the Records Clerk who is to
enter it in the Alerts screen on the OMS and put the letter on the warrant file and a
copy on the inmate's case management file.
2. The Case Manager is to examine the warrant file to ascertain the status of an inmate
who may be subject to either deportation or removal
3. In a case where an inmate, subject to deportation or removal, is to be recommended
for work release, the existence of a Bridging Visa Class E is to be verified by the Case
Management & Classification Co-ordinator.
4. All other criteria for work release are to be met and checked by the CMT.
5. In the case of inmates who are not subject to management by the SORC, or any of its
sub-committees, the CMC is forward its recommendation(s) to the Director, Inmate
Classification and Case Management, who will fo= a committee with the
Superintendent, Operations and the Director, Sentence Management and make a final
detennination of these inmates' suitability for external programs.
151.
20 INMATES LIABLE FOR EXTRADITION
When advice is received that an inmate is required for extradition to another State to face
charges, this fact alone does not necessarily require that the inmate be held in maximum
security.
Governors, on receipt of such advice, are to notify the Manager (Deputy Manager, MRRC),
Inmate Classification and Placement in order that the inmate's case may be immediately
reviewed by the Case Management Connnittee.
In deciding what action is appropriate, the Manager (Deputy Manager, MRRC), Inmate
Classification and Placement is to consider:
a. the grounds for extradition;
b. the nature of the offence for which the inmate is currently imprisoned;
c. the inmate's behaviour, trustworthiness, personal circumstances, prior record, attitude
toward extradition, time still to serve; and
d. prior escape record, if any.
The Manager (Deputy Manager, MRRC) Inmate Classification and Placement will obtain
from the Sentence Administration Branch such information as is available from the State
giving notice of extradition. (Refer OPM 2.4)
152.
21 THE SERIOUS OFFENDERS REVIEW COUNCIL (SORC)
Responsibility:
... Executive Officer and Registrar SORC
... Secretary, SORC
,... Secretary, HSIMC
... Secretary, PRLC
,.. Governor
... Case Management Committee
... Area Manager
... Case Manager
LegislationIPoJicy:
Section 195, states that
"There is constituted by this Act the Serious Offenders Review Council" (Refer to sections 3
(definition of Serous Offender), 195-209 and Schedule 2)
Clause 14 (2), states that
"The Review Council is to conduct periodic reviews of the classification of prisoners who
are serious offenders at such intervals as it considers appropriate and may recommend a
variation of classification as a result of any such review or at any other time it thinks fit. "
Clause 19 states that
"Governor's report
The governor of a prison who considers that:
(a) a prisoner in the prison, or
(b) a prisoner transferred, or proposed to be transferred, to the prison following
classification or review of classification,
is unsuitable for placement or for continued placement in the prison must send to the Case
Management Committee {or, in the case of a prisoner who is a serious offender, to the
Review CounciV a report setting out the reasons why the prisoner should be placed
elsewhere. "
153.
SORC and SORC Sub-Committees
The SORC refers to both a statutory body responsible for managing serious offenders as well
as being the name given to an wnbrella organisation currently with three (3) sub-committees
whose functions are not necessarily related to serious offenders.
The SORC sub-committees are:
~ the Pre-Release Leave Committee (Refer to Public Interest section);
~ the Escape Review Committee (Refer to Escape Policy and Escape Review
Committee section); and
~ the High Security Inmate Management Committee (Refer to HSIMC section).
It is also responsible for holding Segregation and Protective Custody Review Hearings (Refer
Section 13 Reviews).
hunates Managed by the SORC/SORC Sub-Committees
The categories of inmate which must be referred to the SORC are:-
Serious Offenders
Public Interest Inmates for external supervised and non-supervised programs
Inmates who have committed an "Escape Offence" in New South Wales or elsewhere
and have applied to be removed from an 'E' classification and been referred by the
CMC.
Inmates who have been designated as either an extreme or moderate high security risk
Any inmate wishing to apply for a review of the order placing himlher in segregation
or protective custody after a period in excess of 14 continuous days.
The legislation makes provision for the Council to be constituted of a maximum of 14
members, but no fewer than 8 members. Three are to be judicial members, appointed by the
Governor of the State, a minimum of three to a maximum of nine are to be community
representatives appointed by the Governor of the State, and two are to be departmental
officers, nominated by the Commissioner. The SORC meets several times each month and
visits correctional centres accommodating serious offenders, twice per year. The quorum of
the SORC is three (3) members, one from each of the membership categories: judicial,
community and official (departmental)
Functions of the SORC
The main functions of the Council are to make recommendations to the Commissioner on the
management of serious offenders and high security inmates. It also makes recommendations
to the Commissioner on the reduction in classification when public interest inmates apply for
(male C3; female Cat 1) escorted or unescorted leave or for extemal work, or sporting
activities, and also makes recommendations on reduction in classification when escapees
apply for removal from E category.
154.
The Council also provides advice to the Supreme Court on the determination of life
sentences and advice to the Parole Board concerning the release on parole of serious
offenders.
NOTE: If the serious offender has a disability, the SORC should consider advice from the
Disability Services Unit before detennining a recommendation(s) to the Commissioner in
regard to the inmate's classification, placement and/or programs.
DefInition of 'Serious Offender'
A 'serious offender' is an inmate identified in section 3 of the Crimes (Administration of
Sentences) Act 1999. Apart from the initial classification and placement, a 'serious
offender' is not subject to classification and placement decisions by local gaol Case
Management Committees and Teams. These decisions are reserved for the Commissioner
who acts following a recommendation from the SORe.
Section 3 of the Act defines a 'serious offender'. For the purposes of defining who is and is
not a 'serious offender' the following guidelines are to apply:
A 'serious offender' is one who
(a) an offender who is serving a sentence for life, or
(b) an offender who is serving a sentence for which a non-parole period has been
set in accordance with Schedule 1 to the Crimes (Sentencing Procedure) Act
1999, or
(c) an offender who is serving a sentence ( or one of a series of sentences of
imprisonment) where the term of the sentence (or the combined terms of all of
the sentences in the series) is such that the offender will not become eligible
for release from custody, including release on parole, until he or she has
spend at least 12 years in custody, or
(d) an offender who is for the time being required to be managed as a serious
offender in accordance with a decision of the sentencing court, the Parole
Board or the Commissioner, or
(e) an offender who has been convicted of murder and who is subject to a
sentence in respect of the conviction, or
(j) an offender who belongs to a class of persons prescribed by the regulations to
be serious offenders for the purposes of this definition.
NOTE: As at 31 May 2000, !lQ class of persons has been prescribed by the
regulations.
When a convicted person has been sentenced and that sentence results in that person
being identified as a 'serious offender', then part of the initial classification process
requires the Case Management & Classification Co-ordinator to complete the
155.
Management Programs Notification Fonn (S2F20Pl).
Assessment Committee
In order to interview all serious offenders regularly the SORC establishes Assessment
Connnittees. The membership of these connnittees is detennined by the Chairperson of the
SORC. An assessment connnittee of the SORC visits each centre twice each year when it
interviews inmates and gathersinforrnation on their progress and discusses management
programs and case plans with members of the CMT. Following the assessment connnittee
interviews, each inmate's case plan is considered at the next meeting of the Council. Serious
offenders must be reviewed at least once within each six month period (Regulation).
Procedures for Assessment Committee Visits:
1. The Executive Officer and Registrar is to prepare and issue in advance of the
corrnnencement of each calendar year a 12-monthly agenda of all SORC meetings and
visits to centres. This calendar is published in the Department's Bulletin.
2. The SORC Secretariat forwards a letter to the Correctional Centre approximately
eight (8) weeks prior to the visit advising the centre of the date of the visit, forwards a
list of the serious offenders who will be interviewed and a copy of the SORC Review
Form This enables the staff at the centre to complete the Review Form on each
inmate prior to the visit. The CMT will ensure that the inmate has a case plan
developed for examination by the Assessment Committee and inclusion in
documentation for consideration by SORe.
3. It is helpful for the SORC Secretariat to be advised prior to the connnittee visit of any
time restrictions which will be caused due to musters, centre operational procedures,
etc. Generally, Assessment Connnittee visits are scheduled from 9.00am to 4.00pm
and allow approximately 15-30 minutes per inmate interview.
4. The SORC Secretariat, one (1) week prior to the visit, contacts the Governor/Manager
Programs to confirm the visit and forwards an updated list of inmates to be
interviewed.
5. The Connnittee' s practice is to speak with the Governor or designated Officer on
arrival to ascertain any special matters associated with the management of SORC
inmates.
6. The Manager, Programs and Services, Case Manager, Case Officer and all IDS staff
should be aware of the week in which the Assessment Connnittee is conducting
interviews and should be available ( if possible) for short consultations if required.
7. The Assessment Connnittee interviews each serious offender individually. The
purpose of the interview is to allow the inmate the opportunity to express desires
about case plan, placement and classification matters.
8. In the case of inmates with disabilities, the Assessment Connnittee should consider
advice from the Disability Services Unit BEFORE determining a proposal for
consideration by the SORC. The CMT must seek the advice from the DSU prior to
156.
the Assessment Connnittee visit.
Procedures for monthly meetings (SORC):
9. The Secretary assembles notes and reports of the Assessment Connnittee, including
the proposed case plan developed by the CMT with the inmate, and other reports
and/or applications received since the previous meeting. The Secretary then creates
the monthly agenda.
10. The Secretary takes a record of the meeting.
11. The Secretary draws up the minutes of the meeting and its recorrnnendations to the
Corrnnissioner .
12. The Secretary forwards the minutes, with recorrnnendations, to the COnmllssioner,
enters the results of the Connnissioner's decision on to the OMS screen and notifies
all inmates concerned in writing. The Governor and Case Management and
Classification Co-ordinator at each correctional centre must also be notified in
writing. When specific action is required in respect of counselling or other programs,
the Secretary sends out the request to the Governor in the relevant location, and a
copy to the Case Management and Classification Co-ordinator.
13. The Secretary distributes copies of the minutes in accordance with an approved
distribution list.
14. The Secretary follows up any action required in respect ofSORC inmate
management.
157.
22 HIGH SECURITY INMATE MANAGEMENT COMMITTEE
(HSIMC)
Responsibility:
... SORC subcommittee (a judicial member as chairperson)
... Director, Inmate Classification and Case Management Branch
,.. Team Leader, C.I.G.
... Governors/Superintendents as appointed by the Senior Assistant Commissioner
Inmate and Custodial Services
... Commander, Security & Investigations or nominee
... Designated representatives of the NSW Police Service
... Secretary, HSIMC
,.. Assistant Director, Classification and Placement
... Correctional Centres Intelligence Officers
LegisiationIPolicy:
Crimes (Administration of Sentences) (Correctional Centre Routine) Regulations 1995
The provisions relating to the designation of inmates as a security risk and their management
are provided for in clauses 20A-20D. (Division 3: Designation and Management of High
Security Inmates)
Clause 20A states that
"(1) This division applies in respect of the following inmates only:
(a) male inmates who are classified in Category AI, A2 or B ... or in Category EI
orE2
(b) female inmates who are classified in Category 4 ... or Category EI or E2"
Clause 20B states that
(1) " The Commissioner may designate an inmate to which this Division applies as;
(a) an extreme high security inmate, or
(b) a moderate high security inmate.
(2) An inmate may be designated as an extreme high security inmate only if the
Commissioner is of the opinion that the inmate constitutes:
(a) an extreme danger to other people, or
(b) an extreme threat to good order and security.
158.
(3) An inmate may be designated as a moderate high security inmate only if the
Commissioner is of the opinion that the inmate constitutes:
(a) a danger to other people, or
(b) a threat to good order and security.
(4) The designation of an inmate may be revoked or varied by the Commissioner.
(5) The Commissioner is to take into account (but need not follow) any recommendation
of the Review Council in determining the designation of an inmate or whether to
revoke or vary an inmate's designation.
Procedures:
1. Designation of an inmate as either extreme high security or moderate high security is
made by the Commissioner usually after receiving a recommendation from the High
Security Inmate Management Committee (HSIMC) which has applied approved
indicators.
The HSIMC is comprised of a quorum of the SORC, advised by the following staff:
the Superintendent, Deputy Superintendent, Senior Assistant Superintendent and
Assistant Superintendent of the Corrections Intelligence Unit; the Superintendent
Operations; the Superintendent Deputy Superintendent and Director ofthe Security
Investigations Unit; the Director and Assistant Director of Inmate Classification and
Case Management Branch; the Governors ofMSPC, Long Bay Prison Hospital,
Lithgow, Goulbum, Mulawa and Parklea Correctional Centres; the Operations
Manager ofMRRC; the Statewide Clinical Co-ordinator Violence Prevention
Program; representatives of the Police Services ofNSW.
2. Upon designation of an extreme high security!moderate high security inmate, the
Team Leader, Corrections Intelligence Group is to ensure that a detailed assessment
of the inmate is prepared. The assessment will be tabled at the next High Security
Inmate Management Committee meeting for consideration. Members ofthe
committee may also propose inmates for designation at each meeting. If the
committee agrees, a recommendation to designate is made to the Commissioner.
3. An inmate may be designated as an 'extreme high or moderate high security' inmate
between monthly meetings of the HSIMC. If information is received on the inmate
that warrants either of these designations the governor of the centre holding the
inmate is to contact the Assistant Director, Inmate Classification & Placement, and
one other Governor who is a member of the Committee. If all three agree that the
inmate is eligible for detennination the secretariat prepares a recommendation
including the signature of the 3 committee members for the Commissioner's
approval.
4. Upon approval by the Commissioner, the Intelligence Officer at the correctional
centre in which the inmate is housed will develop a profile on the inmate, which is to
be continually updated whilst the inmate remains listed as an extreme high security!
moderate high security inmate. The Secretary, HSIMC, is to record the inmate's
159.
status as a extreme/moderate high security inmate on the Alert Screen, and is to notify
the Governor of the centre in which the inmate is housed. The Secretary, HSIMC is
to adjust records accordingly, including the Alert Screen, immediately an inmate's
status ceased to be 'extreme high or moderate high security' .
5. A copy of the profile is to be stored at the correctional centre where the inmate is
housed and a copy is placed on the inmate's HSIMC file maintained by the Secretary,
HSIMC.
6. Extreme high security inmates must be reviewed on a monthly basis by the High
Security Inmate Management Committee.
7. Moderate high security inmates must be reviewed on a 3 monthly basis, unless an
incident arises that requires more frequent review, or the Committee determines
otherwise.
8. The High Security Inmate Management Committee determines the placement, at and
within centre, of all inmates it designates as extreme or moderate high security. It is
not involved in the classification of inmates.
9. The High Security Inmate Management Committee must approve any movement for
any reason (ie. Court Escorts, Section 23s, Section 24s and Section 25s and 26s) of
extreme high security and moderate high security inmates. The Connnittee may
impose special conditions for the movement of individual inmates outside the
physical security environment of a correctional centre. If there are no specific
instructions given by the Connnittee, Governors are to follow the protocols developed
for this purpose by the Commander, Security and Investigations. In any event, the
On-Can Co-ordinator and two(2) other members must be consulted at all times
when these inmates are being moved. The correctional centre housing the inmate
will notify the Assistant Director, Classification and Placement in the first instance by
the transmission of a section 23 Movement Request Form in accordance with escort
procedures. The Assistant Director will contact the On-Call Co-ordinator advising of
the escort and forward by fax the section 23 Request Form.
10. Governors must prepare monthly reports for the HSIMC on each extreme high
security inmate in their respective centres, outlining program participation and
general behaviour. Three-monthly reports must be submitted for moderate high
security inmates, or more frequently if requested by the HSIMC.
Escort procedures for extreme high security and moderate high security inmates
All escorts of Extreme High Security/Moderate High Security inmates are to comply with the
general procedures specified in Section 6.5.1.2 of the NSW Corrective Services Procedures
Manual.
In addition to those minimum requirements extra security is to be provided for Extreme High
Security and Moderate High Security inmates as each individual case and circumstances
require.
160.
In regard to Extreme High Security Inmates the Security and Investigations Branch Standard
Operating Procedures are to be adhered to. Security UnitIHRG officers and/or trained and
experienced escorting officers are to conduct the escorts. The escorting of Moderate High
Security inmates are to be conducted by trained and experienced escorting officers.
Procedures:
Extreme High Security:
11. Correctional centres will send a Section 23 Request Form to the Inmate Movements
Section in accordance with current escort procedures.
12. The On-Call Co-ordinator, or in hislher absence, the Assistant Director, Inmate
Classification and Placement must be contacted for approval to move the inmate.
13. The Co-ordinator will contact two other members of the Connnittee to form the
required quorum to approve the transfer.
14. On approval, the co-ordinator will arrange for the escort by Security Unit personnel.
15. A copy of the ExtremelHigh Security Movement Sheet approval, will be given to the
Manager, Inmate Movements, for the issue of a section 23 order.
16. For section 24 Order, 25 Pennits and 26 Orders, the Director, Inmate Classification
& Case Management, will ensure the Extreme High Risk Inmate Movement approval
sheet is faxed to the appropriate delegated officer responsible for approving/signing
these orders.
Moderate High Security:
17. Correctional centres will send a section 23 request form to the Inmate Movements
Section in accordance with current escort procedure, highlighting the status of the
inmate.
18. The On-Call Co-ordinator, or in hislher absence, the Assistant Director, Inmate
Classification and Placement must be contacted for approval to move the inmate.
19. A copy of the Extreme/High Security Movement sheet approval, will be given to the
Manager, Inmate Movements, for issue of the section 23 order, and scheduling of the
inmate on an escort.
20. For section 24 Orders and 25 Permits and 26 Orders the co-ordinator will ensure the
ExtremelHigh Security movement sheet approval is faxed to the appropriate
delegated officer responsible for approving/signing these orders.
161.
Emergency Medical and Unscheduled Escorts:
21. When circumstances permit, emergency medical escorts of Extreme/Moderate High
Secw-ity inmates will be assessed and conducted in the same manner as programmed
escorts.
22. If delays caused by adopting procedures for Extreme and Moderate High Secw-ity
inmates could threaten the life of the inmate involved, the following will apply:
- The Governor or the orc at the time will contact the On-Call Co-ordinator of the
HSIMC as soon as practical and obtain any relevant information concerning the
inmate to ensure a threat assessment can be made and information passed on to
escorting officers.
- Any standing orders relating to the inmate are to be adhered to.
The escort is to be conducted by the most experienced and capable officers
available.
- Additional security, if deemed necessary by the Governor of the centre in which
the inmate is accommodated, may be provided by police.
- Adopt the appropriate escort/security requirements as soon as possible.
Escort briefing/intelligence
Prior to undertaking an escort involving inmates designated as ExtremelModerate High
Secw-ity escorting personnel should familiarise themselves with current information available
on each inmate. The Governor or Manager ofSecw-ity for each institution will be solely
responsible for the hand-over of inmates, in these categories, to the escorting officers.
NB. All officers are remInded that any information obtaIned is RESTRICTED and
IDGHLY CONFIDENTIAL, and is to be used only for the purpose ofbriefmg
appropriate staff.
162.
23 WHEN APPLICATIONS ARE TO BE REFERRED TO THE PRLC
Inmates who satisfy the definition of ''public interest inmate" as contained in section 18.6.3.1
of the Operations Procedures Manual, must be referred to the PRLC in the following
situation/circumstances:
Current Classification of an Inmate
C2
C2
C2 or C3 with or without any programs
C3 Day Leave, Weekend Leave, Work
Release, Industrial Training, Education
Leave
Proposed Classification and Program or
Variation to Program
C2 Community Projects - including but
not limited to participation in bush
regeneration projects and singing in a
choir.
External, escorted sport and leisure
programs.
Initial consideration for participation in C3
Day Leave, Weekend Leave, Work
Release, Industrial Training, Education
Leave.
For all public interest inmates a change in
sponsor is to be considered by the CMT,
the Governor and the CMC. The PRLC is
to be advised of any agreed to change.
163.
PUBLIC INTEREST INMATES AND THE PRE-RELEASE LEAVE COMMITTEE
(PRLC)
Responsibility:
... Secretary, Pre-Release Leave Connnittee of the SORC
... CMC
... CMT
... Manager Programs
,.. Case Management and Classification Co-ordinator
... Case Management Committee
.. Area Manager
... Case Manager
LegislationIPolicy:
Clause 185(2) states that:
" The Review Council must review an application for pre-release leave referred to it and
make such recommendations to the Commissioner in respect of the application as it thinks
fit ... whether or not it is in the public interest. "
Operations Procedure Manual:
I. Refer OPM 5.10. 1,4.12. 1,4.12.2
I.I Any inmate in the following categories who is classified C2, C3, (Cat 2, Cat I)
MUST have approval from the Connnissioner, after consideration of a
recommendation by the SORC, to participate in any external, supervised
activity; eg. sport, leisure
*
*
*
serious offenders
inmates managed by the Mental Health Review Tribunal
any public interest inmate who falls outside the eligibility criteria for
inmate sporting and recreation activities
1.2 A public interest inmate may be pemritted to be employed within a
correctional facility complex and! or participate io any external, supervised
program provided that:
*
the Governor has been alerted to the public interest status of the
inmate;
*
the local Case Management Team has forwarded a recommendation to
the Case Management Connnittee;
164.
*
*
NOTE:
the Case Management Committee supports a recommendation for
participation;
the Governor signs any Order required pennitting the inmate to
participate.
1.2 procedures DO NOT apply to inmates participating in programs
which are core activities of the correctional centre's program function,
eg a. Oberon Correctional Centre: Afforestation Activities
Wilderness Adventure Based Activities.
b. Broken Hill Correctional Centre: Cultural Link Program
c. Mobile Camps
Inmate participation is by Governor's approval.
1.3 For inmates with disabilities, the particular case is to be referred to the
Disability Services Unit for advice BEFORE any recommendation/decision
(either to include or exclude an inmate from the program) is made.
NOTE: The procedures above must be followed for each application for
participation in different external, supervised programs by the public
interest inmate, ego approval for participation in a bush regeneration
program is not transferable to participate in another kind of program,
ego choir, football, charity work.
2. Refer OPM 18.6.3. I
The Commissioner refers those inmates to the PRLC who are not serious offenders
but whose participation in external, unescorted, pre-release leave programs may not
be in the public interest. A public interest inmate is defined in section 18 of the
Operations Procedure Manual and is one who:
Drugs
Sex Offences -
an inmate convicted of a drug offence for which helshe is
currently serving a sentence with a non parole period of or a
fixed term of more than 5 years.
an inmate convicted of a sex offence against a person under the
age of 16 years for which helshe is currently serving a sentence
with a non parole period of or a fixed term of more than 18
months; or
an inmate convicted of a sex offence against a person over the
age of 16 years for which helshe is currently serving a sentence
with a non parole period of or a fixed term of more than 3
years; or
an inmate who has been convicted of two (2) or more counts of
sexual offending, within the past 10 years, against any person
regardless of the age ofthe victim. This inmate may be serving
165.
Actual or Potential
Bodily Hann -
Fraud/Corrupt
Behaviour
Driving Offences -
currently a sentence for any offence.
an inmate convicted of an offence involving actual or potential
bodily harm (Refer below) for which he/she is currently
serving a sentence with a non parole period of or a fixed tenn
of more than three (3) years; or
an inmate convicted of an office involving the use of a
dangerous weapon for which he/she is currently serving a
sentence with a non parole period of or fixed tenn of more than
three (3) years;
in assessing whether an offence involves actual or potential
bodily harm the Case Management Team and the Case
Management Connnittee must have regard to the Judge's
Remarks on Sentence. The kinds of offence which !lliIY apply
include, but are not limited to, the following:
wounding with intent to do bodily harm or resist arrest;
discharge loaded firearm with intent;
maliciously cause dog to inflict grievous bodily harm or
actual bodily harm;
causing a grievous bodily disease; and
administering poison.
an inmate convicted of an offence involving the use of a
dangerous weapon for which he/she is currently serving a
sentence with a non parole period of or a fixed tenn of more
than three (3) years.
an inmate convicted of fraudulent behaviour, false pretences or
corrupt conduct for which he/she is currently serving a
sentence with a non parole period of or a fixed tenn of more
than 3 years.
an inmate convicted of one (1) or more of the following, for
which he/she is currently serving a non parole period of or a
fixed tenn of more than eighteen (18) months:
dangerous driving causing death
aggravated dangerous driving causing death
dangerous navigation occasioning death
aggravated dangerous navigation occasioning death
dangerous driving occasioning grievous bodily harm
(GBH)
aggravated dangerous driving occasioning grievous
bodilyhann
dangerous navigation occasioning GBH
166.
aggravated dangerous navigation occasioning GBH
driving with intent to menace
predatory driving
aggravated circumstances include those where an inmate has
been under the influence of alcohol or drugs or was attempting
to evade police.
Employee of a Criminal
Justice Agency- an inmate convicted of an offence committed while the inmate
was an employee of a criminal justice agency, whether or not
the offence was work related.
Status Conferred
by Commissioner - an inmate who, in the opinion of the Commissioner, is of
public interest.
(Procedures for the consideration of an inmate whose offence
and/or sentence is within the guidelines for public interest
status are described in OPM section 18.6.3.2)
(Procedures for the consideration of an inmate whose offence
and/or sentence is outside the guidelines for public interest
status are described in OPM section 18.6.3.3)
Where a Case Management Committee or Governor is of the opinion that an inmate should
be identified as a ''public interest inmate", then a report needs to be furnished to the Director
of the Iurnate Classification and Case Management Branch outlining the reasons for that
opinion. Under delegation from the Commissioner, the Director will then determine whether
or not the inmate is to be identified as a ''public interest inmate".
Similarly, where a Case Management Committee or Governor is of the opinion that an
inmate should no longer be identified as a "public interest inmate", then a report needs to be
furnished to the Director of the Iurnate Classification and Case Management Branch
outlining the reasons for that opinion. Under delegation from the Commissioner, the
Director will then determine whether or not the inmate is to continue to be identified as a
"public interest inmate".
Forensic Patients Managed by Mental Health Review Tn'bunal (MHR1)
1. Refer OPM 18.6.4
Forensic patients will only be permitted to participate in a pre-release external leave
program if the Commissioner has given approval after consideration of a
recommendation from the PRLC of the SORC for their participation. Where the
MHRT recommends that a forensic patient participate in pre-release extema1leave
programs, the CMT is to consider the MHRT recommendation and itself make a
recommendation to the Governor. The Governor is to indicate support or otherwise
for the recommendation of the CMT and forward all relevant documentation,
including the recommendation of the MHRT to the PRLC.
167.
2. Forensic patients who are also serious offenders will only be permitted to participate
in a pre-release external leave program, if the Commissioner has given approval after
considering a reconnnendation from the SORC for their participation.
Procedures:
1. The criteria connnon to all pre-release leave programs apply to public interest inmates
(Refer to OPM, Section 18).
2. Public interest inmates are not to participate in external supervised programs unless
the Commissioner has first given approval after consideration of a reconnnendation
of the PRLC. The SORC has a number ofanciIIary committees, the PRLC being one
of them Checklist Form (S2F23) with supporting documentation must accompany
all applications including those for external sport or supervised corrnnunity projects.
Relevant procedures below are to be followed.
3. When the CMT considers a public interest inmate for reduction to C3 or participation
in certain external, supervised C2 programs, the Case Management & Classification
Co-ordinator is to complete the Pre-Release Leave Committee Checklist Form
(S2F23 - Refer Forms Section).
4. The CMT forwards the completed form with the relevant reports and documentation
(Refer to the PRLC checklist) to the Governor for connnent and signature and then to
the CMC for consideration/ratification. Ifthe CMC supports a reconnnendation to
C3, then it completes the form headed "Review of CMT Recommendation" and
attaches it to the front of the submission. The Manager/Deputy Manager
Classification, is to check the PRLC checklist to ensure that all required information/
documentation is attached before countersigning and dating the checklist and
forwarding to the Secretariat. The CMC, in supporting a C3 reconnnendation, may
vary the scope of the C3 recommendation by the CMT.
5. The CMC is to forward the completed documentation to the SORC Secretariat for
consideration by the PRLC at its next available meeting. The PRLC is a quorum of
the SORC, with a judicial member presiding as the Chairperson. Should the SORC
Secretariat note any incomplete documentation forwarded from the correctional
centre, it is to immediately contact the Case Management and Classification Co-
ordinator by phone and fax outlining the specific additional information required.
The correctional centre is to fax such additional information to the SORC Secretariat
for attachment to the original documentation within 7 days of contact. Every effort is
to be made to ensure that a delay in the presentation of documentation before the
PRLC does NOT occur.
6. If the CMC rejects a recommendation for C3 external supervised programs, the
documentation is not forwarded to the PRLC lmt. returned to the centre where the
inmate is housed. Refer section 'Reviews' for procedures to follow should a review
of the decision be requested.
7. The PRLC Committee Officer is to record the decisions of the PRLC and draw up the
minutes of the meeting and reconnnendations to the Commissioner.
168.
8. Should the PRLC or the Commissioner request additional information or clarification
of documentation, the SORC Secretariat is to contact the Case Management and
Classification Co-ordinator in the correctional centre by phone and fax within 24
hours of the return ofthe minutes to the SORC Secretariat from the Commissioner
with the specifics of the request.
The correctional centre is to fax the additional information sought to the SORC
Secretariat for attachment to the existing documents within 21 days of notification of
the request, unless the Minute states otherwise. In such situations, the SORC
Secretariat will retain the application pending receipt of the additional material.
If the additional material is not received by the end of the 21 st day, then the
application will be returned to the Manager, Programs and Services of the
correctional centre housing the inmate to complete and re-submit unless the Manager,
Programs and Services has arranged an extension of time with the Secretariat as a
result of difficulties in obtaining the required information.
9. Should the PRLC defer determining a recommendation pending consideration of
additional information sought from the correctional centre, the SORC Secretariat is to
ensure that the matter is re-listed for consideration at the next scheduled meeting of
the PRLC.
10. The PRLC Committee Officer is to forward the minutes to the Commissioner and
enter the results of the Commissioner's decisions onto the OMS screen.
11. All documentation including the original minute is returned to the Manager, Programs
and Services in the centre where the inmate is located.
12. It is the responsibility of the Case Manager to explain the decision to the inmate and
to request that the inmate sign the bottom box on the minute headed 'Inmate's
Signature'. The Case Manager must sign in the appropriate place that he/she has
witnessed the inmate's signature.
13. All documentation is to be retained on the inmate's case management file.
14. Change of Sponsor
Please refer to OPM, section 18 in regard to requirements for sponsor approval.
If there is a change in sponsor for a public interest inmate, procedures laid out in
section 18 are to apply.
The Pre-Release Leave Committee is to be advised of any change in sponsor by
writing by the Case Management and Classification Co-ordinator.
15. Procedures - Dissatisfaction of Inmates with Decision:
A public interest inmate cannot appeal the recommendation of the PRLC or the
decision of the Commissioner unless there is some new and relevant substantiated
169.
information which was not available at the time that the initial application was made
to the PRLC. Dissatisfaction with the outcome of the application is not in itself a
ground of appeal.
16. Please note that the Secretariat does not maintain copies of the original application
and therefore all documentation forwarded with the original application and new
information/documentation relevant to the appeal, must be submitted to the PRLC,
through the Secretariat, for consideration.
170.
24 ESCAPEES AND THE ESCAPE REVIEW COMMITTEE (ERC)
Responsibilities:
.. Escape Review Connnittee and the SORC Secretariat
,.. Manager, Programs and Services
.. Case Manager
.. Records Clerk
.. Case Management Connnittee
LegislationIPolicy:
Clause II states that:
as either an El or E2 or AI, A2 or B, depending upon the date on which the inmate
committed the "escape offence ".
NOTE: "Escape Offence" is broadly def"med in the amended clause 11. It means more
than just escaping. It includes attempted escape as well as conspiracy. It also includes
those persons who were dealt with pursuant to S556A Crimes Act (NSW) 1900 and
those persons who have had offences dealt with on a schedule pursuant to the
provisions of the Criminal Procedure Act (NSW) 1986.
If the inmate connnitted the "escape offence" before 31 October 1988, then the
inmate is not subject to any restrictions on his classification. Accordingly, the inmate
is subject to the regular classification system
If the inmate connnitted the "escape offence" on or after 31 October 1988 and prior to
18 May 1990 then the provision of clause II subclauses (I), (2) and (3) of the version
of clause II which was in the then titled Prisons (General) Regulation 1988 apply. In
other words, the male inmate can only have been classified as either AI, A2 or B; the
female inmate can only have been classified as either Cat 4 or Cat 3. Under clause II
subclause 7 of the current regulation if one of these inmates wishes to apply for a
minimum security classification, then the Case Management Team must firstly
recommend the classification of the inmate to either an EI or E2. Once classified
with an E security rating, the inmate is able to apply to the Escape Review Connnittee
for a reduction to a minimum security classification.
171.
If the inmate committed the "escape offence" on or after 18 May 1990 and prior to 15
April 1996, then the inmate has to be classified as either E1 or E2 and is able to apply
for a reduction in security rating to a minimum security classification (Cl, C2, C3/Cat
2, Cat 1). An exception applies when an inmate is convicted of escape byway of
schedule in which case classification is not restricted to E lIE2, but will be within the
range of Al - C3 classifications.
Category E 1 Those who, in the opinion of the Commissioner, represent a special
risk to security and should at all times be confined in a prison specified
by the Minister as being a high security prison for the purposes of this
category.
Category E2 Those who, in the opinion ofthe Commissioner, should at all times be
confined by a secure physical barrier in a prison specified by the
Minister for the purposes of this category.
If the inmate committed the "escape offence" on or after 15 April 1996 then the entire
clause 11 in the current regulation applies, that is, the inmate can apply for a
reduction in security rating to a minimum security classification.
NOTE: *
**
***
The Manager, Disability Services Unit is to be contacted for advice
BEFORE a decision to charge an inmate with a disability is made. The
inmate's ability to understand consequences of his /her actions must be
considered, along with all other documentation! circumstances.
When an inmate is notified as having escaped, an OMS Alert Registration
Details FOIm is to be completed by Records Clerk/Case Management and
Classification Co-ordinator using security subsystem Es (Escape risk).
Sentence Administration has the responsibility for maintaining the Escape
Register on OMS. Should an inmate escape, the Case Mauagement and
Classification Co-ordinator is to advise Sentence Administration by form
Request for Escape Conviction Details to enable the register to be updated.
The form is to be faxed to the Manager, Sentence Administration Unit, fax
(02) 92811374.
An inmate who committed an escape offence while under the age of 18 is not subject to the
provisions of this Clause.
A periodic detainee who has escaped (not breached the Order) from Periodic Detention and
who subsequently has his/her periodic detention revoked by the Parole Board and becomes
an inmate, is subject to the provisions of this Clause and must be classified as E 1 or E2.
Any inmate subject to the Escape Legislation and who has progressed to a minimum security
classification prior to release from prison, must, if returned to custody, be again classified in
accordance with the requirements of clause 11 of the Regulation. (AI, A2, B, E 1, E2
depending on the date of the escape offence)
172.
Procedures to be followed when an inmate applies to be removed from an E category
classification are similar to those which relate to referring Public Interest inmates to the Pre-
Release Leave Committee.
In making a recommendation to the Commissioner that an inmate be removed from a
category E classification the PRLC must be satisfied that ;-
1. there are special circumstances that in the opinion of the PRLC justifY the re-
classification; and
2. a significant rehabilitative purpose would be achieved by the reduction to C I, C2
or C3 (Cat 2, Cat I).
Criteria for applying for a reduction from E2 to Cl (E2 - Cat 2)
I. the inmate must be an 'E2' category; and
2. the inmate must have sufficient time left to serve in order to obtain a significant
rehabilitative benefit by progression to 'CI, C2 or C3', (Cat 2, Catl) and
3. There must be special circumstances which support the re-classification. These may
include the circumstances surrounding the "escape offence".
Procedures:
I. The recording of escape offences on the Case Management file is the responsibility of
the Case Management & Classification Co-ordinator.
2. The Records Clerk is to examine the warrants of inmates returning from or received
from court and is to report details of any escape offences to the Sentence
Administration Unit for entry in the Escape Register and the Alert on OMS.
3. For inmates restricted to AI, A2 or B (escape offence between 31.10.88 and
18.05.90) the procedure is to allow them to retain their security classification until
they apply for minimurn security. At this time the CMT is required first to
recommend an E2 classification, refer it to and have approved by the CMC, before a
reduction to CI (Cat 2) can be recommended.
4. The inmate fills in an Inmate Application Form addressed to the Case Manager,
requesting the Case Management Team to make a recommendation to the Case
Management Committee.
5. The Case Manager is to arrange consideration of the inmate's application at the next
available CMT.
173.
6. The Case Management & Classification Co-ordinator will obtain the following OMS
printouts for the Case Management Team meeting:
* convictions and sentences (RSO screen)
* ALERT (IBT) Screen (where applicable)
* Escape Register (where applicable)
7. The Case Management Team is to meet and complete the form 'A Submission to the
SORC Re-Classification of an Escapee' (this form is obtainable from the SORC
Secretariat and is listed in the section called 'Forms and OMS Codes') - and attach
the documents stipulated in the form Gudge' s sentencing remarks refers to both the
escape offence and the current offence).
8. The Case Management Team is to forward the completed form to the Governor for
comment and signature and then to the Case Management Connnittee for
consideration. If the CMC supports the recommendation, then it is to complete the
form headed 'Review of CMT Recommendation' and attach it to the front of the
submission. If the CMC do not support reclassification to a 'C' classification,
documentation is NOT forwarded to the ERC .. (Refer Section 14 Reviews for
inmate's appeal process)
9. The CMC is to ensure that the completed documentation is forward to the Executive
Officer and Registrar, the SORC marked for attention Escape Review Connnittee for
consideration by that Connnittee.
The responsibilities of the Case Management & Classification Co-ordinator pursuant
to this section are as follows:
- check that all required documentation has been properly completed
- forward documentation supporting reduction from E2 to Cl (Cat 2) to the
SORC Secretariat
10. The Escape Review Connnittee, which is a quorum of the SORC with ajudicial
member presiding as the Chairperson, will meet and formulate a recommendation to
the Connnissioner.
11. The PRLC Connnittee Officer is to forward the minutes to the Commissioner and
enter the results of the Commissioner's decision onto the OMS screen.
12. All documentation, including the original minute, is to be retumed to the Case
Management and Classification Co-ordinator in the centre where the inmate is
located.
13. It is the responsibility of the Case Manager to explain the decision to the inmate and
to request that the inmate sign the bottom box on the minute headed 'Inmate's
Signature'. The Case Manager must sign in the appropriate place that hel she has
witnessed the inmate's signature.
14. All documentation is to be retained in the inmate's case management file.
174.
15. Inmates who progress to minimum classification under clause 11 and then are
regressed, MUST be classified in accordance with the classification required by
clause 11 of the Regulation.
16. All documentation is returned to the Case Management and Classification Co-
ordinator in the centre where the inmate is located.
Appeal Rights:
17. An inmate cannot appeal the recommendation of the Escape Review Corrnnittee or
the decision of the Corrnnissioner unless there is some new and relevant information
which was not available at the time that the initial application was made to the Escape
Review Committee. Dissatisfaction with the outcome of the application is not in
itself a ground of appeal.
18. Please note that the Secretariat does not maintain copies of the original application
and therefore all documentation forwarded with the original application and new
information/documentation relevant to the appeal, must be submitted to the Escape
Review Committee through the Secretariat, for consideration of the appeal.
175.
25 MOVEMENTS AND ESCORTS
Responsibility:
,.. Director, Inmate Classification & Case Management
.. Assistant Director, Inmate Classification & Placement
.. Governors
.. Managers, Security
,.. State Manager, Inmate Transfers and Population Management
,.. Records Clerk
.. Manager, Classification and Placement
.. Deputy Manager, Screening, Induction and Classification (MRRC)
LegislationfPolicy:
The responsibility and procedures dealt with here flow from Sections 23 and 77 of the Act.
For material dealing in greater detail with the escort of inmates refer to Section 6 of the
Operations Procedures Manual. Although the Transport Section is responsible for the
physical movement of inmates, it is the responsibility of the Manager Inmate Transfer and
Population Management in the Inmate Classification and Case Management Branch to co-
ordinate all movements and bed-allocations of inmates throughout NSW.
OPM Section 16
OPM 6.15 Escorting Inmates with Disabilities
Procedures:
1. Refer to Operations Procedures Manual Section 6 which pertains to Escorts.
2. An inmate with a medical condition requiring special arrangements when being
transported should have hislher medical condition verified by CHS staff, with a
certificate issued detailing any particular transport requirements. The request, with
certificate, is to be forwarded to the Transport Unit and Inmate Transfer Section.
3. The Governor of a correctional centre is to nominate a designated officer responsible
for forwarding requests for movement orders under the section 23 of the Crimes
(Administration of Sentences) Act 1999. The most frequently used orders are section
77 order requiring the attendance of an inmate at Court or section 23 orders which
authorise the transfer of an inmate from one centre to another centre. (This function
is to be performed by the Deputy Manager, Classification in the MRRC)
176.
4. The State Manager, Inmate Transfers and Population Management is responsible for
authorising inmate transfers under section 23 of the Crimes (Administration of
Sentences) Act 1999. Inmates must not be moved unless a section 23 Order has been
issued and signed by the State Manager, Inmate Transfers.
5. The State Manager, Inmate Transfers and Population Management is responsible for
prioritising inmates to be transferred under s23 on scheduled escorts. High priority
is to be given to inmates transferring to and from special units for inmates with
intellectual disability. Transport arrangements for out-of-schedule escorts are the
responsibility of the sending centre after confinning with the inmate transfer section
what vacancies exist at other centres. Under no circumstances are the inmates to be
transferred without the approval of the State Manager, Inmate Transfers and the
receiving Governor.
6. It is the responsibility of the designated officer at the sending centre to ensure that the
necessary request for escort authorisation and s23 Order is prepared and forwarded to
Inmate Transfers for the inmate to be moved to the appropriate centre in time to
facilitate Court bookings, section 25s, 26s and medical bookings.
7. It is the responsibility of the designated officer at the sending centre to ensure that s23
request forms are correctly filled-in and signed by the Manager Security Manager,
Inmate Classifications and Placement (Deputy Manager, Classification in the MRRC)
and the Checking Officer.
Section 23 requests must identify all associations and disability inmates on Alert
Screen by way of MIN number and location on that day.
NOTE ALERTS: When an ALERT is noted, re- Intel reports in existence,
Corrections Intelligence Group (CIG) must be contacted and it must be noted on the
request that the inmate is safe to move to the nominated correctional centre when this
is the case. The name of the person at CIG who provided this information is to be
noted on the request form
8. It is the responsibility of the designated officer at the sending centre to designate on
the request form whether an inmate is a segregation inmate and! or protection and! or
strict protection. Escort Request Schedules include a section to highlight these
inmate management factors as well as self-harmlat risk/methadone.
9. It is the responsibility of the designated officer at the sending centre that, if an inmate
has been identified as disabled, slhe enters that information in the Escort
Authorisation and Request for Section 23 Order Form under Alerts. Where special
transport arrangements are required as indicated on the alert screen of the
OMS, advice is to be obtained from the Disability Services Unit.
10. It is the responsibility of the designated officer at the sending centre to arrange escorts
for funerals, medical, police interviews and to request the necessary s23 orders when
these are required when distance demands the inmate remain overnight at another
centre.
177.
11. It is the responsibility of the designated officer at the sending centre to check for
current alerts and to ensure all alerts are recorded on the Section 23 request. When
associations are nominated on the alert screen the designated officer must list all
MINs and locations as at date of request.
12. Type of Inmate Authority Responsible for Escort
Remand inmates
Trial inmates
Warrant upon adjournment Police/Corrective
Services
Warrant of committal Police/Corrective
Services
Remand, Trial & Convicted Writ of habeas corpus Police/Corrective
inmates
Order under section 77,
Crimes (Administration of
Sentences) Act 1999
Crimes Act
District Court Act
Services
Police/Corrective
Services
Corrective Services
13. When an inmate is trausferred from one centre to another the discharging officer is to
ensure that the following files accompany the inmate: warrant file, case management
file, medical file. Local psychologist must ensure that the psychological file
accompanies the inmate on transfer to another centre, or if this is not possible, is
dispatched as a matter of urgency after the trausfer has occurred. (Refer OPM Section
6.8,6.8.2 andACO 97172)
14. For up-to-date inter-centre movement schedules contact the State Manager, Inmate
Trausfers and Population Management.
15. In normal circumstances an inmate classified to one correctional centre is not to be
moved to another correctional centre without a CMC decision to ensure that an
appropriate case plan has been developed. If an inmate is to be trausferred as a matter
of urgency, the procedure set out in clause 19 of the Crimes (Administration of
Sentences) (Correctional Centre Routines) Regulation 1995 is to be followed.
16. In cases of normal trausfers, it is desirable that inmates be given 48 hours notice
whenever practicable. Inmates should always be given an opportunity to contact
family, etc, prior to their transfer.
17. Section 23 requests are to be signed by the Manager, Security and the delegated
officer of the sending centre (checking officer) and countersigned by the Manager,
Classification and Placement (Deputy Manager, Classification in the MRRC).
178.
18. The Managers, Security are to ensure that an Executive Officer is present to supervise
the departure of inmates so that security and risk factors are identified and acted upon.
Any additional infonnation from the sending centre, which may assist the receiving
centre, is to be conveyed by the Executive Officer supervising the departure.
19. When an inmate is to be transferred to another centre and is on active 'RIT' the
sending centre must contact the Deputy of the receiving centre and provide a brief of
the inmate's circumstances.
20. When an emergency transfer occurs and delegated officers exercise their delegated
authority to move inmates, ie. SACICS/Comrnander Security, a report is to be sent by
the Governor of the correctional centre from which the inmate was moved, to the
Director, Classification and Case Management outlining reasons for the move and
any follow up required or longer term issues.
21. Cancellation of Section 23 Orders
When a section 23 Order is not acted upon by the centre, a cancellation advice is to be
forwarded to the State Manager, Inmate Transfers and Population Management for
approval to remove the inmate from the escort. A cancellation of the order will then
be issued. Both the original Section 23 order and the cancellation of that order are to
be placed on the inmate's warrant file.
179.
PROTOCOL FOR NON-ROUTINE TRANSFERS
From time-to-time the requirement may arise for a transfer of inmates that is not routine.
These transfers which are authorised under Section 23 of the Crimes (Administration of
Sentences) Act 1999, () will not result from regular six (6) monthly reviews of classification
or from medical or court appointments but may be for the following reasons:
1. A change to the Operational Agreement affecting the security mix of the inmate
population or the overall limit of the inmate population.
2. The temporary closure of all or part of a correctional centre for the pUlpose of
maintenance/refurbishment.
3. The temporary closure of all or part of a correctional centre due to medicallhealth
reasons.
4. The need to increase a centre's inmate population.
5. The decorrnnissioning of a correctional centre.
6. The commissioning of a correctional centre.
7. Any other reason specified by the Department.
Planning
On advice of the necessity to transfer a group of inmates for any of the above reasons the
Director, Inmate Classification and Case Management Branch will be responsible for the
appointment of a co-ordinator who will be responsible for the organisation and
implementation of the transfer arrangements.
The appointed co-ordinator will, in consultation with the Director, form a team which will
include the relevant Manager or Deputy Managers, Inmate Classification & Placement, as
well as the State Manager, Inmate Transfers and Population Management (Co-ordinator) and
a representative of the Court Security and Escort Division. Regional representation may also
be sought.
This team will determine the numbers of inmates to be transferred and the centres that will
accept these inmates, the method of transport, the transport schedule and the security
measures required.
The team will forward a report to the Director, Inmate Classification and Case Management
providing an outline of the plan and the reasons particular centres were selected to receive
inmates.
The Director, Inmate Classification and Case Management, will provide a written or oral
advice to the Govemorls of affected correctional centres, outlining reasons and schedules for
relocation of inmates.
180.
The Manager/Deputy Managers, Inmate Classification and Placement for both dispatching
and receiving centres will liaise with the Governors, or their delegates, and provide ongoing
advice on all issues affecting the movement of the inmates.
The Governor, or delegate, will coordinate the resources for the dispatch or reception of the
inmates.
Inmate Selection
The Manager, Inmate Classification and Placement (Deputy Manager, Classification in the
MRRC), responsible for the dispatching centre will advise the local Case Management Team
of the number of inmates to be transferred, the classification of the inmates to be transferred,
or the category of the inmate to be transferred ie protection, strict, normal and the inmate's
destination. The Case Management Team is to be given advance warning where ever
possible. This may allow some of the inmates to be selected through the routine review
process.
The local Case Management Team (CMC in the MRRC) will convene and select the required
number of inmates to be transferred.
When selecting the inmates to be transferred, the Case Management Team (CMC in the
MRRC) is to consider the inmate's program involvement, employment, special needs,
association problems and other issues raised by the inmate during discussion.
Inmates interviewed by the Case Management Team (CMC in the MRRC) should be made
aware of the reasons for the transfer and their destination. Inmates selected for transfer
should be given at least 48 hours notice prior to the move to give them adequate time to
inform their family. Consideration should be given to modif'ying the case plan when
circumstances require.
The Manager, Inmate Classification and Placement, on receipt of advice that the selection is
complete will convene a Case Management Connnittee and approve/not approve the transfer
of the selected inmates (not applicable in the MRRC).
Following the deliberations ofthe Case Management Connnittee, should the number of
inmates to be transferred be deficient, the local Case Management Team (CMC in the
MRRC) will reconvene and select additional inmates for transfer. Due process should be
followed when making this selection.
NOTE: There may still be occasions where inmates will have to be moved against their
wishes. When an inmate is excessively agitated by the prospects of the transfer, the
receiving correctional centre must be informed.
The Assistant Director, Inmate Classification and Placement, in consultation with the
Governor of the dispatching correctional centre, will, if staffing permits, arrange a staff
representative to assist the centre's Case Management Team (CMC in the MRRC) in the
selection of inmates to be transferred and be available to answer inmate enquiries.
The Manager, Inmate Classification & Placement for the receiving centre will ensure that the
CMT (Reception) assess the inmate's suitability to remain at the centre.
181.
All documentation in relation to an imnate's transfer is to be completed and the original is to
be placed on the imnate's case management file. A copy is to be held by the Co-ordinator of
the move until completion of all imnate transfers.
182.
26 DISCHARGE SUMMARY UNIT
Responsibility:
.. Assistant Director, Inmate Classification and Programs
.. Policy and Projects Officer (Case Management Infonnation Systems, Classification
and Case Management Branch)
.. Case Managers of all discharging centres
.. Case Officers in Correctional Centres
.. Reception Room Officers/Screening Officers in Correctional Centres
.. Summary Preparation Officer, Discharge Summary Unit
.. Placement Officer
... OlC, Joint Record Centre
Legislation/Policy:
ACO: 98/064
Procedures:
1. A Case Manager in a centre is to ensure that a Discharge Summary is prepared on
every inmate who is released from custody from that centre, and ensure that it is
placed on the case management file before sending it to the Joint Records Centre,
Silverwater.
2. The Discharge Summary (S2F5) is to contain, among other things, any critical
infonnation relating to the inmate's imprisonment.
3. When the Court forms are received by the Placement Officer, in the event of the
inmate being returned to custody, the Placement Officer is to complete an Inmate
Notification & Placement Form and fax it to the Joint Records Centre at Silverwater.
4. The OIC, Joint Records Centre, is to retrieve any existing case management file on
the inmate and notify the Summary Preparation Officer, Discharge Summary Unit.
5. The Summary Preparation Officer, is to fax a copy of the Discharge Summary to the
receiving centre or the centre of placement. Where there are relevant reports on the
case file that may be critical to the innnediate management of an inmate, these reports
should also be faxed to the Receiving Centre.
6. If there is no Discharge Summary on the case management file, the Summary
Preparation Officer is to prepare a Discharge Summary (S2F5) which identifies any
critical infonnation relating to the inmate's previous period of custody and forward it
to the centre in which the inmate is held.
7. The OIC, Joint Records Centre, is responsible for identifYing and forwarding
any critical information contained in the Medical Alert, medication sheet and
any significant information contained in the clinical notes of the medical record
to the CHS Nurse at the receiving centre as soon as possible.
183.
NOTE:
The primary responsibility for completing a SUICIDE RISK SCREENING at reception
rests with the CHS Staff. It is therefore essential that any information obtained in
relation to 'at-risk' inmates be forwarded to CHS staff prior to the initial assessment.
ie
1. The P AMFIP472
2. New Lodgement and Special Instruction Sheet
3. Completed Inmate Identification and Observation Forms
4. Pre-Sentence Report or Probation & Parole Summary
5. Special Instructions from the Court
6. Discharge Summary
184.
27 INMATE ACCESS TO PSYCHOLOGY REPORTS, CASE
MANAGEMENT FILE AND SERIOUS OFFENDER
MANAGEMENT FILE
Responsibility:
.r (Jovernor
,.. Case Manager
... Case Supervisor
... Case Officer
... Executive Officer and Registrar, SORC
... Director, Psychological Program
... Regional Senior Psychologists
Files relating to an inmate which are confidential records and designated "In-Confidence",
should be stored securely at the inmate's correctional centre of classification, whilst the
inmate is in custody or at the SORC Secretariat for' serious offenders.
Case management files are available to all correctional centre staff including Corrections
Health, Probation and Parole staff, and Chaplains, who have a legitimate role in the inmate's
case management.
Inmates are entitled access to information on files relating to them through a Freedom of
Information application.
Access to Psychology Reports
Where an inmate requests access to psychology reports the release of such reports must be
cleared through a delegated officer. These officers are the Director, Psychological Programs
and the Regional Senior Psychologists. Visual access under supervision of a suitably
experienced psychologist who is nominated by a delegated officer will be the usual form of
access.
Inmate Case Management File
Inmates are entitled to supervised access to their case management file. This should be a
straightforward process initiated when the inmate asks their Case Officer or a Case
Supervisor to see their case management file. The following procedures are provided in order
to ensure a standard process is followed across the system for both officers and inmates.
These procedures reflect the Inmate Case Management Policy (March 1999).
As a general principle, all information on the case management file should be known by the
inmate. All forms used in the file should already have been signed by the inmate at the time
the form was completed. At the time the inmate is viewing the file, nothing in the file is to
be removed, altered, copied or faxed.
It is to take no longer than 14 days from the date of the verbal request by the inmate to the
Case Officer or Case Supervisor to approve and provide access to hislher file.
185.
Page 185, Para 2 Amendment - text should read
Case management files are only available to correctional centre staff including corrections Health,
Probation and Parole staff and Chaplains, who have a legitimate role in the ~ t e ' s case
management.
(Approved 6 April200J)
Page 185, Para 3 'Inmates are entitled ........ ' to be deleted
(Approved 6 April200J)
M:\CLASSO\ADMIN\TERRY\cJnsso manualupdate4.v.-pd
Recording of Inmate Access Process
The back cover of the case management file has an Inmate Access Register printed on it for
signatures and dates. This is where a record will be kept each time the inmate asks to see
their file.
The following procedures explain what to do.
Procedures for Inmate Access to HislHer Case Management File
1. When the inmate asks to see the case management file, it is to be immediately noted
on the Inmate Access Register on the back cover of the case management file, dated
and signed by the Case Officer. The inmate is to be informed that the case
management file W111 be available within the next 14 days.
2. The Case Officer is to look thoroughly through the case management file to ensure all
documents located there are suitable to be seen by the inmate. Care needs to be taken
with some reports as they may require a qualified person to be present when the
report is read, e.g., psychology. This should be clearly stated on the report at the time
of filing.
3. Information breaching confidentiality of a third party, or security of the centre, is not
to be accessed by the inmate.
4. The Officer is then to give the case management file to the Case Manager for a final
check on confidentiality and security matters. The Case Manager is to sign and date
the form at this time. The Case Manager is to ensure material inappropriately filed in
the case management file is removed and placed onto the appropriate file.
(eg. warrant file, intel file, administration file)
5. The Case Manager is then to give approval/not give approval to the Case Officer for
the inmate to see the case management file. The Case Officer signs and dates the
Inmate Access Register at that time.
6. The Case Officer is then to organise a mutually convenient time and place for the
inmate to view the case management file when such access has been approved.
7. The Case Officer is to supervise the inmate viewing the case management file.
Nothing in the case management file is to be removed or otherwise made available for
copying or faxing at the time of viewing. No documentation in the case management
file is to be altered in any way.
8. Inmates are able to comment on anything they see in the case management file. This
can be done by the inmate writing the comment on a blue Inmate Application or
Statement Form This is to be immediately signed by the Case Officer and the inmate,
dated and included in the Case Note section of the case management file.
9. When the inmate has finished looking at the case management file, the inmate is to
sign and date the Inmate Access Register to confirm that helshe has viewed the case
management file.
186.
Page 186, Pt 4 Add as new paragraph after' .......... fIle. (eg. warrant fIle, intel fIle,
administration fIle'
The Case Manager must be of the view that material remaining in the case file does not breach
confidentiality of a third party, the security of the centre or require the presence of a qualified
person to explain technical content (eg .. psychologist). Where this occurs the Case Manager must
take appropriate action to ensure that the file content is suitable and/or a relevant qualified person
wiII be available prior to inmate access to the case file.
. . ,
h ft r 'The Case Manager is then to gIve ....
Page 186,Pt 5 Add as new paragrap a e ,
. m' t 4 above have been addressed, IS
. . fi d that any concerns m po ffi .
The Case Manager after bemg satts e h' t to see the case file. The Case 0 cer SIgns
aI
h
Case Officer for t e mma e --
then to give approv to t e . h"
and dates the Inmate Access Regtster at t at ttme.
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10. Provision is to be made for those inmates who are developmentally disabled or are
NESB to understand the information contained on their case management files. Other
inmates must not be used to assist.
Procedure for Inmate Access to HislHer Serious Offender Management File
11. Serious offenders may request access to their management file held by the SORC at
the Secretariat by making a written application, under the supervision of the Case
Manager to the Executive Officer and Registrar, SORC Secretariat. The application
may be faxed 02) 9289 5047). It would be helpful if the inmate could nominate
particular section(s)/document/s required.
187.
Page 187 Insert after point 11
NOTE: 'Where access to information relating to an inmate is refused for any reason, ~ h e inmate
may seek access to the information by an application under the Freedom of Information Act.
(Approv(id 6 April 2001)
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28 FORMS, FILES & OMS CODES
Responsibility:
,.. Director, Inmate Classification and Case Management Branch
,.. Assistant Directors, Inmate Classification and Case Management Branch
,.. Managers/Deputy Managers Inmate Classification and Case Management
,.. The Govemor
,.. Manager, Programs and Services
,.. Manager, Records Administration
,.. Case Manager
,.. Reception OlC
,.. Policy & Projects Officer (Manager, Case Management Information Systems)
LegislationIPolicy:
ACO: 98/083 states that:
"The new case management files (white) and a number of associated forms have been
approved as official Departmental documents and are currently being introduced throughout
correctional centres.
Correctional centre management is to ensure that the approved files and forms are used."
Case Management Files and Warrant Files
Case management files contain all documentation pertaining to the management and
welfare of inmates. These files are the responsibility of the Case Manager in
collaboration with the Area Manager and the Manager, Programs and Services.
Warrant files contain all documentation pertaining to the administration of inmates'
sentences. These files are the responsibility of the Manager, Records in collaboration
with the Administration Manager.
Case Management File Forms
NOTE: Under NO circumstances are staff to modify authorised forms or substitute with
local versions. If users find that forms require modification they should make a written
submission to the Director, Inmate Classification and Case Management outlining their
concerns.
The following case management file forms are to be used:-
S2FI
S2Fla
S2Flb
S2Flf
S2F2
Initial Case Plan & Security Risk Rating
Initial Remand Case Plan & Security Risk Rating
Remand Case Plan
Female Case Management & Classification Plan
Case Plan Review
188.
S2F3
S2F4
S2F5
S2F6
S2F7
S2Fl4
S2Fl5
S2Fl6
S2Fl7
S2Fl8
S2F20
S2F2l
S2F23
S2F25
S2F30
S2F35
S3Fl&S3F2
S3Fl
S3F2a
S3F2b
S3F2c
S3F5
S3F6
S3F7
S3F8
S3F9
S3FlO
S3Fl2
S4Fl
S5Fl
FonnSl,S2
Classification & Case Plan Review
Case Allocation Sheet
Inmate Discharge Summary
Parklea Young Adult Offender Referral Fonn
Case Plan Variation
Oberon YAO Criteria (Young Offender)
Oberon YAO Criteria (Adult Nucleus)
Oberon YAO Adult Nucleus Contract Agreement
Inmate Work Performance
Parklea Adult Nucleus Referral Fonn
Management Notification Fonn
Inmate Undertaking
Pre-Release Leave Committee Checklist
Review Case Management Committee Decision
MRRC Reception Committee
Case Management Reception/Induction Checklist
New Inmate Lodgement
New Inmate Lodgement & Special Instructions
New Inmate Lodgement (Personal Description & S3F1)
New Inmate Lodgement (Personal Description)
New Inmate Lodgement (Observation)
Intake Profile F onn
Initial Psychological Assessment
Alcohol & Other Drug Summary
Education Profile Assessment
Welfare Assessment (2) Social Assessment
Welfare Assessment (1) Crisis Assessment
Probation & Parole Summary
Inmate Referral Fonn
Case NoteslRunning sheet
Review of a Segregation Order
Classification Fonns Directly Related to Regulations are:
Segregation Review Forms
Escape Classification Review Forms
Pre-Release Leave Committee Checklist
Sentence Administration Unit Request for the Judges Sentencing Remarks Fonn
189.
OMS CODES - HOT KEYS
IQOB This screen contains basic infonnation on an inmate, including current 'alert'
infonnation.
It can also be used to conduct a name search on an inmate when the MIN is not
known.
IB T This screen contains infonnation on alert histories and is used for entering alerts.
All alerts entered in this screen are to be verified by the Administration
ManagerlInrnates Records Manager.
ICA This screen contains classification and placement approvals. It is used for entering
classification approvals by the CMC and Commissioner (via SORC).
ICC This screen is used for entering classification and placement recommendations
(pendings) by CMT or SORe.
ICL List of an inmate's classification (history).
ICM This screen contains management program infonnation used for identifying which
inmates are under PRLC, SORC, HSIMC management.
!LA AppearancelDetainer Orders
IOC This screen identifies inmates with escape records.
IQC This screen contains infonnation on correctional centre inmate levels (Gaol States).
RSO This screen contains infonnation on convictions and sentences. It is used for
obtaining print-outs on an inmate's sentence and convictions.
RIB This screen contains infonnation on inmates classified to other centres.
NSW DEPARTMENT OF CORRECTIVE SERVICES
190.

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