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Procedure Properties

Title: Offender Jewellery
Category: Offender Management
Version: 03
Implement Date: 7 January 2011
Application: Custodial Operations
Availability: Public

Authority

Appendices and Forms

Procedures

Local procedure

Ownership: Custodial Operations

Procedure - Offender Jewellery


Purpose
1.Process
2.Approved Jewellery Items
3.Offender Request to Wear Non-Approved Jewellery
4.Religious or Cultural Icons Supplied to a Facility
5.Reception
6.Storage of Personal Property
7.Removal of Unauthorised Jewellery
8.Refusal by an Offender to Remove Unauthorised Jewellery

Purpose

To outline item/s of jewellery that an offender within a corrective services facility may have on their person, or in their possession, and the process for removal of unauthorised jewellery.

1. Process

Items of jewellery possess an intrinsic value and may be traded as a commodity in a corrective service facility. As jewellery has the potential to be a cause of stand over / intimidation behaviour that may lead to violence, provision of items of jewellery must be strictly controlled and managed.

Only approved items of jewellery in accordance with this procedure may be authorised for issue to an offender.

All items of jewellery worn by an offender, or in the offender's possession when received into a corrective services facility; eg. watches; earrings; religious icons (including the chain) and necklaces, must be placed into the offender's property and not issued to the offender while in custody. The only item of jewellery exempt from this requirement is a wedding band, which may be issued as personal property to the offender. In order to be issued to the offender, the wedding band must be of a plain type with no settings, eg. no stones.

Items such as watches, earrings and religious icons (including a chain) are to be made available to all offenders for purchase through the offender buy up process. All items must be inexpensive and of a standard type.

Refer procedure - Offender Purchasing

2. Approved Jewellery Items

Offenders are permitted to wear-

  1. one single plain wedding band with no settings (eg. no stones) up to the value of $250;
  2. one pair of plain sleeper earrings (worn in the earlobes only) that has been purchased through the offender buy up process;
  3. one religious or cultural icon that has been supplied or purchased through the offender buy up process (as approved by the general manager or assistant general manager); and
  4. one watch that has been purchased through the offender buy up process.

3. Offender Request to Wear Non-Approved Jewellery

An offender may make a request to the General Manager or Assistant General Manager to wear jewellery that is not listed as approved under section 2 of this procedure.

The offender's request must be considered and reasons for any decision must be provided to the offender. Discretion may be exercised in assessing and determining the offender's request but the individual merits of an offender's case must be considered. This includes consideration of religious or cultural reasons why the offender believes they should maintain the item of jewellery.

Decisions must be fair, transparent and consistent with the dignity and rights of offenders, including those with different beliefs, cultures and religions to be respected.

A decision to approve an item of jewellery under this section must be documented and recorded on the Offender File with a case note to be recorded in IOMS. A decision to approve an item of jewellery remains in effect upon transfer to another corrective services facility.

Refer procedure - Offender File Management (in-confidence)

4. Religious or Cultural Icons Supplied to a Facility

A religious or cultural icon (which must be approved by the General Manager or Assistant General Manager) may be supplied (eg. by a Chaplain) to a facility for issue to offenders.

A process must be established that advises offenders of the supplied religious or cultural icons and that offenders may be provided the icon upon request.

5. Reception

On reception into a correctional facility, all unauthorised jewellery in the possession of an offender must be ordered to be removed and then be placed in the offender's property.

Offenders will be permitted to keep in their possession one plain wedding band (without any settings). The offender must fill out administrative form - Acknowledgement of Responsibility for Property.

On reception, offenders are to be provided the opportunity to purchase a watch, sleeper earrings and religious icon from their own funds. Refer procedure - Offender Purchasing. Offenders must also be advised, where relevant, of religious or cultural icons that have been supplied to the facility free of charge that the offender may be provided upon request.

6. Storage of Personal Property

Personal jewellery surrendered by an offender may be stored in the offender's property; disposed of; or, handed out of the facility. The offender must fill out administrative form - Offender Property Hand Out. If an offender chooses for their jewellery to be stored within their property, a detailed description of these items must be made on the offender's property list.

Offenders may also send any valuable items of jewellery out of the facility. in order to minimise the risk of loss and liability should the items go missing or be damaged whilst in storage.

Refer procedure - Property of Offenders

7. Removal of Unauthorised Jewellery

Any unauthorised jewellery is NOT to be forcibly removed from the offender's person. In the first instance, the offender is to be given the opportunity to remove any unauthorised jewellery. A kit containing equipment required for the removal of jewellery must be located in reception areas for use by offenders.

If an offender is compliant and wishes to have unauthorised jewellery removed but cannot do so themselves, they are to attend the health centre where nurses will investigate and determine an outcome on a case by case basis. Offenders may be referred to a local hospital for the removal of unauthorised jewellery if a nurse determines that they cannot remove the item safely.

8. Refusal by an Offender to Remove Unauthorised Jewellery

If an offender refuses to remove unauthorised jewellery, the relevant manager must determine the appropriate action to be taken.

In the first instance a written or verbal direction to remove the unauthorised jewellery must be made, refer - Corrective Services Act 2006, s. 20. If an offender continues to refuse to remove the jewellery the following actions may be undertaken -

  1. restriction of a privilege to the offender. If this is undertaken a behaviour management plan must be developed that clearly identifies the reason and duration of the restriction and the behavioural expectation for restoration of the privilege. Any restriction must be proportionate (fair and reasonable) to the risk presented by the non-approved item of jewellery;
  2. breach of discipline action may be initiated. Refer - Corrective Services Act 2006, ss. 113-121 and Corrective Services Regulation 2006, ss. 6(a), 19 and procedure - Breach of Discipline.



PETER BOTTOMLEY
Acting Commissioner





Version History

07/01/2011 Version 03 - 12/04/2010 Version 02 - 07/12/2009 Version 01