Access keys | Skip to primary navigation | Skip to secondary navigation | Skip to content | Skip to footer |
Problems viewing this site

Procedure Properties

Title: Review
Category: Offender Management
Version: 14
Implement Date: 25 June 2013
Application: Custodial Operations
Availability: Public

Authority

Appendices

Forms

Procedures

Standard Operating Procedures

Policies

  • Instrument of Delegation of Chief Executive Powers - Corrective Services Act 2006 (in-confidence)

Ownership: Specialist Operations

Procedure - Review


Purpose
1.General
2.Information Management
4.Types of Review
4.1Review of classification
4.2Review of placement
4.3Review of protection
4.4Involuntary transfers
4.5Review of Offender Rehabilitation Plan
5.Timeframes
5.1Minimum review timeframes
6.Special Planning Considerations
7.Case Management
8.Pre-release Management
9.Conduct of Review
9.1Review panel team membership
9.2Preparation of reports for review of security classification, placement, and/or the Offender Rehabilitation Plan
9.3Reconsideration of decision

Purpose

Review is an ongoing process aimed at understanding the prisoner's risk and needs relating to safety, well-being, containment, rehabilitation and community access. Reviews are also used to evaluate whether implemented strategies and activities have achieved the intended outcome or if alternatives need to be sought/considered.

1. General

The review of a prisoner's classification, placement and Offender Rehabilitation Plan can be conducted in one process at the same time or separately at different times, either prescribed or optional, during a prisoner's sentence.

All corrective services officers involved in the classification and placement decision making process (i.e., panel members including sentence management services staff, custodial officers, and offender development staff as well as delegated decision makers) must complete The Process of Making Security Classification and Transfer Decisions (in-confidence) self paced training.

2. Information Management

Information management, including the collection, provision and storage of information, must be conducted in accordance with the Information Privacy Act 2009 and the Right to Information Act 2009.

Relevant information including the outcome of the review must be entered into the Sentence Management Decision Making Record and/or the Offender Rehabilitation Plan, where relevant, in IOMS.

To ensure compliance with privacy legislation principles, prisoners must be advised of-

  1. the purpose of the assessment; and
  2. how the gathered information will be used.

3. Sentence Management Decision Making Record

A review of security classification and/or placement, including any reconsideration of the original decision are to be recorded in the Sentence Management Decision Making Record (SM-DMR) in IOMS.

The SM-DMR must be completed in accordance with the Sentence Management Decision Making Record - Operational Practice Instruction. These instructions contain important requirements that must be adhered to by staff preparing the SM-DMR and decision makers.

In addition to the requirements set out in section 2 of this procedure relating to information management, sentence management services staff must verbally inform the prisoner at the time of the panel sitting that they will be provided with a written notice of the decision/s made. The notice is to include reasons for the decision/s, and the mechanisms to request reconsideration for decisions related to security classification and/or placement, where relevant. During the panel interview, prisoners are also to be verbally informed that assistance can be provided to read and understand the IOMS generated Information Notice Security Classification and Notice of Placement Decision administrative forms where required. Where sentence management services staff provides the prisoner with either of these notices, the prisoner must again be informed that they may obtain help from sentence management services staff to read and understand the form/s.

4. Types of Review

4.1 Review of classification

A prisoner's security classification must be reviewed at the intervals prescribed by legislation. Refer - Corrective Services Act 2006 s13(1) (CSA).

However, in accordance with section 13(1A) of the CSA the chief executive need not review the security classification of a prisoner with a high security classification if the prisoner -

  1. is being detained on remand for an offence; and
  2. is not serving a term of imprisonment for another offence.

As per section 13(2) of the CSA, the security classification of a prisoner with a low security classification may be reviewed. For example, the chief executive may review the security classification if the prisoner's behaviour deteriorates.

Additionally, a prisoner's security classification may be reviewed in response to significant change or changes in the prisoner's circumstances, including -

  1. following sentencing by a court;
  2. at any time where a concern regarding an elevation in escape risk is raised;
  3. following a serious assault on another prisoner or staff member;
  4. following repeal or amendment of a work order where applicable; or
  5. following any other significant event that may indicate a need for an increase or reduction in security classification such as returning a positive urinalysis test or inappropriate behaviour, or completion of a significant intervention milestone.

All prisoners must be classified into one of the legislated security classifications of maximum, high or low as prescribed in section 12(1) of the CSA. The authorised delegate must have regard to each of the factors outlined in section 12(2) of the CSA when determining a prisoner's classification.

Refer - Instrument of Delegation of Chief Executive Powers - Corrective Services Act 2006 (in-confidence)

Refer appendix - Sentence Management Decision Making Record - Operational Practice Instruction

4.2 Review of placement

A review of placement is conducted to identify the most appropriate placement within the correctional environment for the management and progression of a prisoner. A prisoner's placement may be reviewed at any time during a prisoner's sentence, either individually or in conjunction with a review of classification.

A review of placement may occur (but is not limited to) -

  1. at the time of review of security classification where consideration for transfer is indicated;
  2. due to a significant change in the prisoner's circumstances (for example, in response to identified safety and security issues or completion of a recommended program);
  3. upon receipt of a valid request from the prisoner; or
  4. to ensure the effective utilisation of Agency resources.

When reviewing an Aboriginal or Torres Strait Islander prisoner's placement, the requirements of Corrective Services Regulation 2006 s4 must be considered.

Refer procedure - Transfer of Prisoners; and appendix Sentence Management Decision Making Record - Operational Practice Instruction

4.3 Review of protection

The need for a prisoner to remain on protection must be reviewed on a 12 monthly basis (at a minimum) or when a prisoner's circumstances change significantly.

Refer custodial operations standard operating procedure - Protection

4.4 Involuntary transfers

Placement of prisoners subject to involuntary transfer is to be considered at each scheduled and event based review of placement. The review should include assessment of the ongoing impact of dislocation, welfare and support needs and identify opportunities for support should the placement be required to be maintained.

Subject to availability of beds, prisoners who have been subject to involuntary inter-regional transfer are to be offered the opportunity to be returned to their centre of origin in the month preceding discharge to facilitate community transition arrangements upon release from custody.

A cultural liaison officer should be present when discussing transfer issues relating to an indigenous prisoner. The cultural liaison officer is responsible for coordinating the prisoner's transitional needs and ensuring they are continued following transfer/s between facilities, for example, preparation for discharge.

4.5 Review of Offender Rehabilitation Plan

An Offender Rehabilitation Plan (ORP) is subject to regular reviews. When conducting a review of the ORP, a throughcare and whole of sentence planning approach must be implemented. Each review must capture factors relevant to past events in the current correctional episode as well as addressing future short and long term planning objectives.

The focus of a review is on-

  1. the period since the development of the plan up to and including or the most recent review;
  2. the remaining period of the prisoner's current correctional episode;
  3. establishing goals strategies and activities for the next review period;
  4. identified pre-release and post-release community reintegration needs; and
  5. if relevant, both community and custodial considerations.

Significant milestones should be identified during the planning process. As the prisoner's sentence progresses, changes to the prisoner's circumstances may emerge and the goals, strategies and activities in the prisoner's plan should be varied to accommodate the changes. Examples of change may include completion of a program or an amended program recommendation or changes to family circumstances.

When relevant, probation and parole officers and assistant managers, sentence management should work together in conducting a review.

A prisoner must be given the opportunity, and be encouraged, to be present at the review panel meeting. The reason for a prisoner's absence at a review must be documented. Where present at the review the prisoner is to be encouraged to engage in the process of reviewing and establishing his/her goals and determining any changes to the strategies and activities. Further, the prisoner is to be advised of expectations in relation to the plan and his/her general behaviour and conduct.

The prisoner's attitude and relevant comments about the plan are to be documented in the plan prior to verification. The review considerations and determinations must be recorded in a timely manner in IOMS. The recommendations, approval and any associated comments must also be recorded on the system.

The prisoner must be provided with a copy of the recommendations and approver's comments.

An ORP must be forwarded to the relevant delegate within one week of the prisoner's case being reviewed.

It is not necessary for a review of the ORP to be conducted if a prisoner is to be released within one month.

In instances when it is determined that only a review of the ORP is required then a comment should be included in ORP to show that consideration has been given to the prisoner's security classification and placement and why a review of the classification and/or placement was not completed at that time.

5. Timeframes

Review timeframes in relation to classification are calculated from the date of the last decision and in accordance with legislative or procedural requirements.

5.1 Minimum review timeframes

Review type

Prisoner category

Review of the ORP

Review of security classification

Review of placement

Scheduled review

Maximum Security Unit

To be reviewed at time of reintegration from MSU

6 months

When required

Continuing Detention Order

6 months

To be determined by security classification level

When required

High security classification (excludes remand only prisoners)

12 months

12 months

When required

Low security classification

When required

As triggered by a significant event

When required

Event based review

All

Following a significant event that has a potential to impact on a prisoner's security classification, placement and/or ORP.


6. Special Planning Considerations

Special planning considerations must be taken into account if matters related to the specific demographic characteristics of a prisoner are relevant.

Details pertaining to culture, gender, age, disability and location must be recorded and considered as a factor along with other management objectives related to assessed risks and needs.

Examples-

A prisoner in secure custody who can not participate in employment on specific days due to his/her religious beliefs.

An aged prisoner who has limitations to the type of physical activity that can be performed.

A prisoner with a disability or special medical needs that require access to specific support services.

If special planning considerations are required for a prisoner, information must be provided on what impact this will have on the prisoner's ability to address rehabilitation needs and, if possible, how this impact is likely to be addressed.

Refer procedures - Assessment; Planning

7. Case Management

Case management will have been initiated when the ORP was approved or for a prisoner serving 12 months or less with identified special needs (e.g. at risk of self-harm/suicide, dysfunctional, intellectual disability).

The purpose of case management is to provide for timely and accurate information which contributes to the review of a prisoner's management, classification and placement. The allocation of case workers seeks to ensure record keeping is initiated early in a prisoner's correctional episode and provides for a regular reporting structure throughout the episode. Case reports are recorded as periodic reports in IOMS. Case notes can also be made when required.

The case officer preparing the summary report must have considered and taken into account information from periodic reports that have been submitted since the previous review period or since the development of the plan. As the periodic and summary reports include the same series of questions and require the same information, the reports must clearly advise the period of time for which the information is relevant. Refer section 9.2 Preparation of reports for review of Sentence Management Decision Making Record and/or Offender Rehabilitation Plan of this procedure. Information reported in periodic and summary reports must be considered as part of the review of the ORP.

Refer standard operating procedure - Prisoner Management; and appendix - Case Management - Custodial Considerations

8. Pre-release Management

Pre-release management seeks to support a prisoner's graduated release into the community. The management of pre-release needs, including transitional planning, must be included as part of the development and review of a prisoner's ORP.

Sentence length, proximity to an impending eligibility date (including parole and resettlement leave of absence eligibility) and identified pre-release/post-release community reintegration planning needs should provide the sentence management team parameters to determine when individual actions for pre-release should be considered. The plan should document strategies for assisting a prisoner to successfully assume a pro-social lifestyle and may include strategies for linking the prisoner to relevant community agencies to provide ongoing assistance on release from custody. Pre-release planning commences when the ORP is developed and must be considered and updated at each review of the ORP.

Refer appendix - Offender Rehabilitation Plan Guidelines (in-confidence)

9. Conduct of Review

9.1 Review panel team membership

Panel membership is multi-disciplinary in nature and a panel's composition should reflect the risks and needs of the prisoner in addition to the decisions that are to be made wherever possible. Staff relevant to a particular case are to be identified and scheduled for panel participation.

Panel membership can not be fully prescribed as membership is dependent upon the nature of individual cases and the activities in which the prisoner has been involved however a panel will generally include -

  1. a staff member from sentence management services;
  2. a specialist staff member (e.g. psychologist, counsellor, education officer, intervention or program facilitator);
  3. the prisoner's custodial case officer or other custodial corrective services officer;
  4. any other case officer or intervention specialist or person involved in the prisoner's management;
  5. in the case of an indigenous prisoner - an Aboriginal or Torres Strait Islander officer or community representative; and
  6. a probation and parole officer to provide input when a parole application is lodged or at other times when determined necessary.

In addition, the regional manager sentence management or General Manager of the corrective services facility may invite representatives to attend the review panel meeting from-

  1. the community;
  2. the prisoner's family; and
  3. any other relevant stakeholders,, such as an appointed guardian for prisoners with impaired decision making capacity (e.g. Office of the Adult Guardian or a family member).

The prisoner is to be provided prior notice in writing that their security classification, placement, and/or Offender Rehabilitation Plan are to be considered and determined. The prisoner is to be encouraged to prepare for the panel which may include written submissions.

9.2 Preparation of reports for review of security classification, placement, and/or the Offender Rehabilitation Plan

The officers responsible for the management of a prisoner (case management and programs or assessment management) must submit reports outlining the prisoner's progress in specific areas and an assessment of all relevant risk factors. The summary report must consider and take into account all information that has been submitted since the previous review or development of a plan when conducting the first review. All the information must be entered into IOMS one week prior to the prisoner being interviewed.

At a minimum, information must be provided on-

  1. the prisoner's institutional conduct, employment and behaviour;
  2. the prisoner's attitude towards staff and other prisoners, in detail;
  3. changes that the prisoner is required to make or progress that has been made in terms of conduct, behaviour, attitude towards staff, other prisoners and work;
  4. pre-release/transitional activities; and
  5. the prisoner's compliance with other requirements of the plan.

A determination, where relevant, must be made concerning-

  1. the prisoner's progress to date;
  2. goals, strategies and activities, including pre-release planning, for the next review period (to be established or confirmed from the plan);
  3. the prisoner's classification;
  4. the prisoner's risk of escape; and
  5. the prisoner's placement.

Supervising officers are responsible for ensuring that reports have been provided and sentence management services are responsible for coordinating the process.

9.3 Reconsideration of decision

9.3.1 Classification

A prisoner may request reconsideration of a decision made in relation to the prisoner's classification. As per section 16 of the Corrective Services Act 2006 (CSA) a prisoner may request their classification be reconsidered if their security classification was increased and they are dissatisfied with the decision.

In addition to section 16 of the CSA a review of a classification decision may be requested if-

  1. offender management procedures were not followed;
  2. inappropriate or inaccurate information formed the basis of the decision; or
  3. pertinent or relevant information was not considered.

The request for reconsideration or review of a classification decision must be made within seven days after the prisoner is given notice of the decision on the administrative form - Security Classification Reconsideration Request.

A decision maker should review the decision within a period of 28 days, giving consideration to all material taken into account in the original decision and any additional information provided by the prisoner. Written advice of the decision must be recorded in the Sentence Management Decision Making Record and forwarded to the prisoner and the relevant General Manager.

Refer - Instrument of Delegation of Chief Executive Powers - Corrective Services Act 2006 (in-confidence); appendix - Sentence Management Decision Making Record - Operational Practice Instruction; and administrative form - Notice of Decision on Reconsideration of Classification

9.3.2 Placement

In accordance with s71 of the Corrective Services Act 2006, a prisoner may request a reconsideration of a decision made to transfer the prisoner under s66 or 68, other than as the prisoner's initial placement after admission to a corrective services facility.

In addition to s71 a review of a placement decision may be requested if-

  1. the transfer procedures were not followed;
  2. inappropriate or inaccurate information formed the basis of the transfer decision; or
  3. family or special circumstances have not adequately been taken into consideration.

The request for reconsideration or review of a placement decision must be made within seven days after the prisoner is given notice of the decision on the administrative form - Transfer Reconsideration Request.

A decision maker should review the decision within a period of 28 days, giving consideration to all material taken into account in the original decision and any additional information provided by the prisoner. Written advice of the decision must be recorded in the Sentence Management Decision Making Record and forwarded to the prisoner and the relevant General Manager.

Refer procedure - Transfer of Prisoners; appendix - Sentence Management Decision Making Record - Operational Practice Instruction; and administrative form - Notice of Decision on Transfer Reconsideration

Endorsed by:

MARK RALLINGS

Executive Director, Specialist Operations

Approved by:





MARLENE MORISON
Commissioner





Version History

15/01/2013 Version 13 - 14/11/2011 Version 12 - 19/06/2009 Version 10 - 23/12/2008 Version 09 - 23/07/2008 Version 08 - 07/12/2007 Version 07 - 19/09/2007 Version 06 - 07/11/2006 Version 05 - 28/08/2006 Version 04 - 15/08/2005 Version 03 - 24/01/2003 Version 02 - 09/12/2002 Version 01 - 18/12/2001 Version 00