Procedure - Prisoners Prohibited from Carrying on Businesses

Purpose

To provide a process for the prohibition of prisoners from conducting a business while in custody.

1. Process

Prisoners are prohibited from conducting a business while in custody.

Prisoners are not permitted to carry on a business, for example, a prisoner or a company in whose management the prisoner participates, will be prohibited from selling artwork on the internet or from giving artwork to a third party to sell on behalf of the prisoner or company.

Prisoners will be allowed a period of 21 days following sentencing to enable them to make arrangements to enable any legal business they are currently operating to continue to operate in their absence.

Prisoners must make arrangements for another person to operate a business while the prisoner is in custody.

Refer - Corrective Services Act 2006, s 28

2. What constitutes carrying on a business?

The following examples constitute prisoners carrying on a business -

1. A prisoner operates an adult pornography distribution business through contact with his/her solicitor;
2. A prisoner spends his/her spare time in prison writing children's books. The prisoner has written to a reputable publishing house who has responded with an offer to publish them;
3. A prisoner paints while in prison and is able to sell artwork unrelated to his/her crime at prices which reflect the prisoner's notoriety as well as talent. Sales are made through exhibitions organised by Queensland Corrective Services and through a business associate's website;
4. A prisoner runs a concreting business with two employees. The prisoner's partner is able to maintain his/her books and direct the employees with instructions received when the partner visits the prisoner; or
5. A prisoner holds investments in the share market, investment properties and cash deposits and personally manages his/her investment portfolio.

3. Monitoring of suspected prisoner business

Corrective services officers may become aware that a prisoner may be operating a business from the following examples -

1. Monitoring prisoner mail - A corrective services officer who is to authorised search a prisoner's ordinary mail may find evidence that a prisoner is conducting a business, eg. company papers sent in the mail to a prisoner for signature. Refer procedure - Mail - Offender Mail
2. Monitoring visits - During visits, a corrective services officer may observe a prisoner signing a cheque book. Refer procedure - Personal Visitors to Offenders.
3. Monitoring telephone calls - While monitoring telephone calls, a corrective services officer may hear a prisoner giving instructions in relation business related activities. Refer procedure - Telephone and Video-conference Calls for Offenders.

4. Notification of suspected prisoner business

If a corrective services officer suspects a prisoner is involved in carrying on or operating a business from custody, the general manager must be advised as soon as possible.

The general manager must then refer the matter to the Corrective Services Investigation Unit for investigation.

F P Rockett
Director-General