Title: Maximum Security Orders - Assessment, Approval and Review
Category: Offender Management
Implement Date: 21 February 2013
Application: Custodial Operations
Appendices and Forms
Ownership: Specialist Operations
|1.||Maximum Security Classification|
|2.||Maximum Security Order|
|3.||Issue of a Maximum Security Order|
|4.||Placement in a Maximum Security Unit|
|5.||Review of a Maximum Security Classification and (where required) Review of Placement in a Maximum Security Unit|
|6.||Consecutive Maximum Security Orders|
|7.||Official Visitor Review of a Maximum Security Order|
|7.1||Review at request of a prisoner|
|7.2||Review at initiative of official visitor|
|7.3. Conduct of review|
To ensure the issuing of a maximum security order (MSO) and placement of a prisoner in a maximum security unit (MSU) occurs in a consistent, transparent and safe manner.
Refer procedure - Assessment
In accordance with section 60 of the CSA, a MSO may only be made if a prisoner's security classification is maximum.
A prisoner must not be classified maximum security if the authorised delegate knows the prisoner has been diagnosed as having a psychiatric disorder, until -
Further, if the authorised delegate knows the prisoner has been assessed as having an intellectual disability, the prisoner must not be classified as maximum security until -
Refer - Corrective Services Regulation 2006 (CSR), s. 17.
The general manager or deputy general manager of the corrective services facility recommending a maximum security classification must ensure all necessary information pertaining to the recommendation is provided to sentence management staff to enable completion of the Sentence Management - Decision Making Record (SM-DMR) in IOMS (Refer IOMS Online Learning Materials - Sentence Management - Decision Making Record) for consideration by the authorised delegate.
The SM-DMR must reference the legislative factors contained within section 12(2) of the CSA -
Where relevant, the general manager or deputy general manager of the corrective services facility must also include reasons to support any recommendation for the making of a MSO and accommodation in a MSU, refer section 2 of this standard operating procedure Maximum Security Order.
Refer - Instrument of Delegation of Chief Executive Powers - Corrective Services Act 2006 (in-confidence)
The authorised delegate may make an MSO and require a prisoner be accommodated in a MSU. In accordance with section 60 of the CSA an MSO may only be made if the prisoner's security classification is maximum.
A prisoner who is classified as maximum security may be placed on a MSO if the authorised delegate reasonably believes that one or more of the following apply -
Refer - CSA, s. 60, standard operating procedure Administrative Decision Making Manual, and Form 7 - Maximum Security Order
A MSO authorises the accommodation of the prisoner in a MSU for a period of not more than six months. Refer CSA, s. 60 (3).
A decision maker for a MSO may amend or repeal the instrument or decision, refer Acts Interpretation Act 1954, s.24AA and Form 7A - Order for Amendment/Repeal of a Maximum Security Order
The signed MSO must be forwarded to the general manager or deputy general manager of the facility where the prisoner is accommodated and, where relevant, a copy provided to the general manager or deputy general manager of the facility with a MSU that is to receive the prisoner.
A copy of a signed or amended MSO must be provided to a prisoner with all requirements of the order explained. The prisoner may provide a copy of the order to a legal representative.
Under the CSA s. 62, a MSO for a prisoner must include, if it is practicable, directions about the extent to which -
Conditions about privileges must be limited to those that can be accessed within the MSU and that do not pose a risk to the security or good order of the unit. Directions in a MSO will be based on the following minimum standards --
Refer - CSA s. 62; Instrument of Delegation of Chief Executive Powers - Corrective Services Act 2006 (in-confidence) and standard operating procedures Maximum Security Units (in-confidence) - Prisoner Management and Maximum Security Units (in-confidence) - Security Management.
A prisoner in a MSU -
The authorised delegate responsible for making a MSO for a prisoner will determine the MSU where the prisoner is to be accommodated on the basis of -
Placement in a MSU is made to -
For a prisoner with a maximum security classification, the authorised delegate must review the prisoner's security classification at intervals of not longer than six months. Refer - CSA s. 13(1); and procedure - Review.
A prisoner's placement in a MSU may be reviewed at any time the prisoner is to be transferred to another location. A review of placement may be conducted, either individually or in conjunction with a review of the prisoner's maximum security classification. It is not necessary to review a prisoner's placement if transfer of the prisoner is not under consideration.
A review of maximum security classification and a review of placement, in those circumstances where a prisoner is to be transferred to another location, is to be recorded in IOMS within the SM-DMR.
The authorised delegate may make another MSO for a prisoner to take effect at the end of an existing MSO if there are relevant grounds to do so. Refer CSA ss. 60, 61 and standard operating procedure Administrative Decision Making Manual.
If a further MSO is being considered, the prisoner must be notified at least 14 days prior but no earlier than 28 days prior to the expiry of the current MSO. A letter will be forwarded to the prisoner from the authorised delegate advising of the intention to issue a consecutive MSO. This allows the prisoner time to make submissions regarding any decision to issue a consecutive MSO
A decision maker for a MSO may amend or repeal the instrument or decision. Refer Acts Interpretation Act 1954, s.24AA, Form 7A - Order for Amendment/Repeal of a Maximum Security Order
A signed copy of a consecutive MSO must be provided to the prisoner prior to its commencement with all requirements of the order explained. The prisoner may provide a copy of the order to a legal representative.
Refer CSA s. 63 and standard operating procedure Official Visitor Review of a Maximum Security Order.
A review of a MSO will occur in one of two ways -
Refer CSA, s. 63(1)-(4)
A prisoner, subject to a MSO, may apply in writing to the chief executive for a referral of the MSO to an official visitor for review. If a prisoner requests assistance in making this application a corrective services officer must assist the prisoner.
If the period of the MSO is three months or less, the prisoner can not request a referral for review of the order more than once.
If the period of the MSO is more than three months, the prisoner can not request a referral for the review of the order more than twice in any six month period.
A prisoner may also ask for a MSO to be referred to an official visitor if the authorised delegate amends the order (other than under CSA, s.63 (9)).
After receiving a request from a prisoner to review a MSO -
The official visitor must review the order.
Refer CSA, s 63 (6-7)
An official visitor, on the official visitor's own initiative, must review a MSO if -
The State Coordinator, Official Visitors will provide -
The official visitor must ensure that the requirements of the MSO are in accordance with this standard operating procedure and standard operating procedures - Maximum Security Units (in-confidence) - Prisoner Management and Maximum Security Units (in-confidence) - Security Management.
When reviewing a MSO, the official visitor may exercise the powers mentioned in CSA, s.291.
The official visitor must recommend to the authorised delegate whether the MSO should be confirmed, amended or cancelled.
The official visitor must forward a review of the MSO to the State Coordinator, Official Visitors who will provide the review to the Executive Director, Specialist Operations via email to Serious Offenders Unit at SOU-MSU@dcs.qld.gov.au.
The authorised delegate must consider the recommendation and confirm, amend or cancel the MSO. The authorised delegate is not bound by the official visitor's recommendation. The reasons for the decision must be recorded.
Following the authorised delegate's decision to confirm, amend or cancel the order, the official visitor and prisoner must be advised in writing of the outcome. A copy of these documents must also be provided to the State Coordinator, Official Visitors.
Refer - Instrument of Delegation of Chief Executive Powers - Corrective Services Act 2006 (in-confidence); and Form 8 - Order for Amendment / Cancellation of MSO Following Official Visitor Review.
Executive Director, Specialist Operations
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