Category: Offender Management
Implement Date: 14 November 2011
Application: Custodial Operations
- Bail Act 1980
- Child Protection (Offender Reporting) Act 2004
- Corrective Services Act 2006, ss. 3, 68, 97, 99 100, 101, 103, 108, 110, 111, 200-215, 264, 265
- Crimes Act 1914 (Cth), ss. 19, 20
- Penalties and Sentences Act 1992, ss. 66, 74, 78-89, 99, 104, 108, 119
- State Penalties Enforcement Act 1999
Appendices and Forms
Offender Health Services procedures
- Discharge or Transfer of Offenders (in-confidence)
- Princess Alexandra Hospital Secure Unit - Prisoner Discharge (in-confidence)
Ownership: Offender Intervention Services
Procedure - Exit
To formally review and record a prisoner's overall response to assessments and interventions and to assist the prisoner to plan for continued constructive reintegration into the community.
1. Exit plan
The exit process is focussed on the identification of strategies and community based resources to assist the prisoner in preventing re-offending. Interventions that have occurred during the prisoner's sentence, the progress made by the prisoner in response to interventions, issues outstanding on exit and recommendations for future supervision are recorded on completion of each sentence or order.
An exit plan is not required for prisoners serving a period of imprisonment of more than 12 months, released or discharged including-
- pure fine defaulters, and
- prisoners with a developed Transitions Plan (ie. prisoners who have completed the minimum core modules of the Transitions Program, and have a transitions plan completed in accordance with the program requirements.
An exit plan must be generated for all relevant prisoners (excluding the prisoner groups identified above) serving a period of imprisonment of more than 12 months, released or discharged.
The exit plan must consider the following-
- initial assessed risk level (eg. Individual risk , general risk of re-offending, community risk);
- identified risk factors;
- Identified criminogenic needs;
- how these were addressed;
- reasons why they were not addressed, if applicable;
- risk level on discharge, if available;
- outstanding issues, if any;
- recommendations for future intervention;
- strategies to prevent re-offending;
- referrals to relevant community support agencies and services; and
- reasons for refusal for release by a parole board, if applicable.
Prior to the discharge date of the prisoner, information must be obtained from the following documents and transferred to the exit plan-
- Offender Management Plan and or Offender Rehabilitation Plan;
- Community Risk/Needs Assessment Reports;
- Offender Management Reviews or reviews of Offender Rehabilitation Plan (scheduled and/or event based); and
- Initial security and placement assessments as recorded in the Sentence Management Decision Making Record, if applicable.
The exit plan must be drawn up in consultation with the prisoner following the review prior to discharge. The exit plan must be reviewed prior to discharge. The prisoner must be informed of the details of the plan.
2. Updating offender management system records (all prisoners)
Relevant information regarding the prisoner's current status must be updated on IOMS. The details must include-
- current protection/domestic violence orders if known;
- outstanding warrants;
- contraventions of community orders;
- offences against the Bail Act 1980 or community based orders;
- escape/abscond history;
- flag prisoners subject to the Crimes Act 1914 (Cth), s. 19; and
- current address / personal details.
3. Disposal of offender files (all prisoners)
Refer procedure - Offender File Management (in-confidence) (excluding medical file)
Refer Corrective Services Act 2006 (CSA), s. 108
The discharge process consists of the following components-
- consideration of early discharge in accordance with the CSA s. 110, if relevant;
- record of discharge details (including address to discharge);
- verification of sentence details;
- property, trust accounts and valuables (refer procedure - Payments to Prisoners on Discharge);
- health examination, if applicable;
- travel arrangements, and
- if the prisoner is a reportable offender, provide the original Notice of Reportable Offender's Reporting Obligations to the prisoner and advise the Child Protection Offender Registry (Queensland Police Service) of the prisoner's impending discharge (refer procedure - Child Protection - Reportable Offenders).
Aboriginal and Torres Strait Islander Liaison Officers/Counsellors must be involved in discharge processes for Aboriginal and Torres Strait Islander prisoners. This includes discharge planning and transition processes to support prisoners prior to and at discharge from custody.
The prisoner's discharge details and discharge authority are to be recorded on IOMS. The prisoner's identity must be confirmed by date of birth and photograph.
4.1 Discharge from custody to court ordered parole
Sentence management staff at a custodial corrective services facility are responsible for the following-
- at the beginning of each week, providing a list of prisoners (including release dates) who are due for release to court ordered parole from that facility in the following week, to the probation and parole district office nearest to that facility;
- ensuring all prisoners attend an individual/group initial report with a probation and parole officer at the facility prior to release to court ordered parole;
- confirming a prisoner's residential address/contact details which must be updated in IOMS on the day before or the morning of the prisoner's release;
- email the relevant Probation and Parole District Manager on the day before or the morning of the release to notify of the prisoner's release details;
- in IOMS moving a prisoner to the relevant probation and parole district office (location to be advised by probation and parole officer);
- in IOMS generate a case note to indicate the prisoner has attended a parole and probation initial report at the facility. This case note should include the following-
- the time, date and name of the probation and parole officer facilitating the initial report; and
- the appointment time, appointment date and name of the probation and parole district office / reporting office the prisoner must report to following his/her release;
- include administrative form - Court Ordered Parole Reporting Notice in the prisoner's property (provided by the probation and parole officer);
- provide a copy of Form 31 - Court Ordered Parole Order to the prisoner on the day before or the morning of the prisoner's release to court ordered parole; and
- ensure that any prisoners who have been sentenced to a period of imprisonment for less than 7 days and who cannot attend a probation and parole initial report prior to release, perform the role of the probation and parole officer listed below (a-h).
5. Travel arrangements
Assistance with bus/train fares may be provided if relevant in accordance with the CSA s. 108(4). Travel arrangements must be determined considering-
- the prisoner's age;
- the prisoner's health and physical condition;
- reporting obligations (eg location of Probation and Parole office, Police station);
- if the prisoner is a reportable offender (refer procedure - Child Protection - Reportable Offenders);
- if the prisoner is subject to a supervision order (refer procedure - Dangerous Prisoners (Sexual Offenders) Act Orders (in-confidence) (DPSOA);
- transition arrangements (eg. visit to Centrelink); and
- special need.
Refer procedure - Payments to Prisoners on Discharge
No account is to be taken of any other special benefit payment to which the prisoner may be eligible.
If possible, travel arrangements must be finalised prior to discharge. Costs associated with excess luggage and property will be the sole responsibility of the prisoner.
The process for prisoners to apply for discharge requires checks to be completed by relevant offender management staff. This process can be extended to require assistance with bus/train schedules and travel bookings in accordance with CSA s. 110.
5.1 Travel arrangements - DPSOA Offender
Prior to a DPSOA prisoner being discharged, the corrective services facility must contact the Probation and Parole office where the prisoner is to report.
All transport must be arranged prior to release to ensure the prisoner is transported immediately to the district office.
Refer procedure - Dangerous Prisoners (Sexual Offenders) Act Orders (in-confidence)
6. Property, trust accounts and valuables
Personal property and valuables must be checked against the prisoner's property record and signed by the prisoner on receipt.
Refer procedure - Property of Offenders.
Items of facility property and identification cards must be retrieved from the prisoner prior to discharge. The prisoner's electronic trust account must be balanced and finalised and monies given to the prisoner.
Refer procedure - Payments to Prisoners on Discharge.
Prisoners in custody must undergo a medical examination prior to discharge or transfer to a community based order. Medication must be issued where appropriate.
Refer Offender Health Services procedure - Discharge or Transfer of Offenders (in-confidence).
Executive Director, Offender Intervention Services