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Procedure Properties

Title: Safety Orders
Category: Custodial Operations - Standard Operating Procedures
Version: 03
Implement Date: 29 August 2013
Application: Custodial Operations
Availability: Public

Authority

Appendices and Forms

Associated Custodial Operations Standard Operating Procedures

Agency Procedures

Local Procedures

QCSA Training Manual

Policies

Direction for a Search Requiring the Removal of Clothing of Prisoners

Instrument of Delegation of Chief Executive Powers - Corrective Services Act 2006

Ownership: Statewide Operations

Review Date:

Custodial Operations Standard Operating Procedure - Safety Orders


Performance Standard
Authority
1.Procedure Requirements
1.2Definitions
2.Placement of a Prisoner on a Safety Order
2.1Period of placement on a safety order
2.2Management of a prisoner placed on a safety order
2.3Doctor or psychologist examination of a prisoner placed on a safety order
2.4Review of a safety order
2.5Safety order for Aboriginal and Torres Strait Islander prisoners
3.Consecutive Safety Order
3.1Administration of consecutive safety orders
4.Temporary Safety Order
5.Safety Order and Temporary Safety Order Records
7.Placement of a Prisoner in a Safety Unit
8.Placement of a Prisoner in a Detention Unit
8.1Prisoner access to recreational or general equipment
8.2Log book requirements - application of restraints
8.3Records
8.4Minimum requirements
8.5Privileges
8.6Medical
8.7Electronic visual/audio recordings and archiving
9.Placement of a Prisoner in a Padded Cell
10.Safety Order Reintegration

Performance Standard

The safety of staff and prisoners is provided for by separating prisoners from the general prison population in certain circumstances. The conditions of a prisoner's separation is based on the individual risk and need of the prisoner and the reason for the separation. The process is in accordance with -

Safety & Security - Our Principles - Engagement

1. Managing prisoners as individuals

We will manage prisoners on an individual basis depending on their individual needs.

Refer - Safety and Security - Our Principles (in-confidence)

Chief Inspector Healthy Prisons 2007 Standard 22.1

Safety Orders for security and good order purposes are only used when appropriate to the circumstances and in accordance with procedures.

Refer - Healthy Prisons Handbook

Standard Guidelines for Corrections in Australia Standards 1.25 to 1.34 - Safe Environments and the Effective Management of Risk and Standards 1.77 to 1.80 - Segregation of Prisoners for Management or Administrative Reasons

Refer - Standard Guidelines for Corrections in Australia Revised 2004

Authority

Corrective Services Act 2006, ss. 33-40, 53-59, 68, 265

Corrective Services Regulation 2006, ss. 5 (d), 8-9,

1. Procedure Requirements

Refer Corrective Services Act 2006 (CSA), ss. 53-59; Corrective Services Regulation 2006 (CSR), ss. 8-9; procedures - At-Risk Management (Self Harm/Suicide); Intensive Management; appendix - Special Containment And Intervention Options - High Security; standard operating procedure - Administrative Decision Making Manual.

Prisoners ordered onto the conditions of a safety order may be accommodated in a corrective services facility's detention unit, safety unit, health centre or prisoner accommodation cell.

Where a prisoner on a safety order is separately confined (eg. placed in a detention or safety unit), the prisoner must be given the opportunity to exercise in the fresh air for at least two daylight hours a day, refer - CSR s 5 (d). Separate confinement, in relation to a prisoner, means the separation of the prisoner from other prisoners, refer CSA, Schedule 4 Dictionary.

A safety order describing the conditions of the order must accompany the prisoner.

Safety orders must be generated through IOMS, refer IOMS Online Learning Materials - Create, Confirm and Approve a Safety Order and View / Edit a Safety Order.

A safety order register must be maintained which includes conditions prescribed in accordance with CSA, s. 59.

Special conditions stipulated on the safety order must be complied with.

Prisoners must be informed verbally and in writing of the reasons for being separated under a safety order. Where provision of information contained in the safety order would notconstitute a threat to the good order and security of the corrective services facility, the prisoner should be provided a copy of the safety order.

For a prisoner who has an out of cell time restriction in an accommodation cell, refer standard operating procedures Intensive Management Plans and Unlock and Lock-away of Prisoners.

For a prisoner placed in a detention unit in a maximum security, refer standard operating procedure Maximum Security Units (in-confidence) - Prisoner Management.

The general manager of a facility must ensure that all personnel operating closed circuit television monitoring and recording devices are instructed on and acknowledge the intent of the Code of Conduct for the Queensland Public Service and procedure - Use of Information and Communication Technology Facilities and Devices.

1.2 Definitions

For the purposes of this standard operating procedure the following definitions apply -

'General Managers Nominee' includes -

  1. deputy general manager; and
  2. a correctional manager.

'Health Centre' purpose built cells or wards contained within a medical services centre in a corrective services facility.

'Safety Unit' purpose built or modified sterile environment that provides for the separation of at-risk prisoners from other prisoners not accommodated in the safety unit. Provides for the effective supervision and management of a prisoner assessed as presenting a significant risk of suicide/self harm (ie. safety units at Woodford Correctional Centre, Townsville Correctional Centre, Townsville Women's Correctional Centre and Brisbane Women's Correctional Centre).

'Detention Unit' secure accommodation area providing accommodation of a prisoner who

  1. has been found to have committed a breach of discipline and has been ordered to undergo a period of separate confinement made under section 121 of the CSA.; or
  2. a safety order in respect of the prisoner has been made under section 53 of the CSA.

2. Placement of a Prisoner on a Safety Order

A prisoner may be placed on a safety order if -

  1. the chief executive or authorised delegate receives advice from a doctor or psychologist that he/she reasonably believes there is a risk of the prisoner harming himself/herself or someone else; or
  2. the chief executive or authorised delegate reasonably believes there is a risk of the prisoner harming, or being harmed by, someone else; or
  3. the chief executive or authorised delegate reasonably believes the safety order is necessary for the security or good order of the corrective services facility.

A prisoner assessed as acutely psychotic and requiring specialised psychiatric intervention will be referred to a doctor or consultant psychiatrist for assessment and consideration for placement at a medical facility.

In determining the placement of a prisoner subject to a safety order, consideration must be given to a secure environment for the safe management of the prisoner in accordance with the assessed risk to staff, other prisoners and the prisoner.

Where relevant, refer procedure - At-Risk Management (Self Harm/Suicide)

2.1 Period of placement on a safety order

A safety order may be made for a period of up to one month (refer CSA, s. 53(2).

A month means a calendar month which means a period starting at the beginning of any day of 1 of the 12 named months and ending -

  1. Immediately before the beginning of the corresponding day of the next named month; or
  2. If there is no such corresponding day - at the end of the next named month. Refer Acts Interpretation Act 1954, s.36.

Refer - Instrument of Delegation of Chief Executive Powers - Corrective Services Act 2006 (in-confidence); approved form - Form 5 - Safety Order and IOMS Online Learning Materials - Create a new Safety Order and Approve a Safety Order.

2.2 Management of a prisoner placed on a safety order

A safety order for a prisoner must include directions about the extent to which -

  1. the prisoner is accommodated separately from other prisoners, if required (eg. in a detention unit, health centre, safety unit or prisoner accommodation cell);
  2. the conditions (refer CSA s 53(3),(4) and CSR ss. 8-9) that apply to the prisoner's treatment whilst on the safety order; and
  3. the privileges the prisoner will receive that do not impact on the security and good order of the facility (eg. telephone calls, mail, visits and access to property).

The management of the prisoner must also take into account the reasons for the prisoner's placement on a safety order, refer section 2 of this standard operating procedure.

Where a prisoner is placed on a safety order due to the risk of the prisoner harming himself/herself - the prisoner will be managed in accordance with procedure - At-Risk Management (Self Harm/Suicide) and the prisoners At Risk Management Plan (safety order conditions and any privileges limitations must be developed in accordance with this, refer CSA s 53(3),(4) and CSR ss 8,9).

Where a prisoner is placed on safety order due to risk of the prisoner harming, or being harmed by, someone else or for the security or good order of the corrective services facility, the following applies -

  1. the safety order conditions and any privileges limitations (refer CSA s 53(3),(4) and CSR ss 8,9) must be developed and clearly stated on the safety order based on the individual risk and needs of the prisoner;
  2. the reason for the prisoners placement on the safety order must be a factor of consideration when developing the safety order conditions and any privileges limitations; and
  3. the development and implementation of an intensive management plan must be considered for prisoners placed on safety order for an extended period or as result of problematic behaviour, refer standard operating procedure - Intensive Management Plans.

2.3 Doctor or psychologist examination of a prisoner placed on a safety order

A doctor must examine a prisoner subject to a safety order -

  1. as soon as practicable after the order is made; and
  2. subsequently, at intervals that are, to the greatest practicable extent, of not more than 7 days. Refer CSA, s. 57;

If a safety order was made on the advice of a doctor or psychologist, the safety order must be referred to another doctor or psychologist for review -

  1. every 7 days if recommended by the advising doctor or psychologist; or
  2. otherwise, as soon as practicable. Refer CSA, s. 55;

The doctor or psychologist must provide a recommendation to the chief executive or authorised delegate whether the safety order should be confirmed, amended in a particular way or cancelled. Refer administrative form - Consultant Psychiatrist Discharge Review

2.4 Review of a safety order

A prisoner subject to a safety order may apply to the general manager of the facility requesting a review of the order by an official visitor. The general manager must refer this request to an official visitor.

After completing a review, an official visitor must recommend to the chief executive or authorised delegate whether the safety order should be confirmed, amended or cancelled.

Refer CSA, s. 56

When a prisoner is placed on a safety order, the prisoner must be informed that they may apply to have the safety order reviewed by an official visitor. This notification must be case noted, refer IOMS Online Learning Materials - View and Add Case Notes.

2.5 Safety order for Aboriginal and Torres Strait Islander prisoners

When an Aboriginal or Torres Strait Islander prisoner is placed on a safety order, the chief executive must ensure the following persons -

  1. an Aboriginal and Torres Strait Islander health worker;
  2. an Aboriginal and Torres Strait Islander elder, respected person or indigenous spiritual healer (where appointed to a facility); and
  3. the person nominated by the prisoner as the prisoner's contact person;

have been advised of the prisoner's placement on a safety order (refer CSR, s 9).

The provision of an Aboriginal and Torres Strait Island health worker's services will be identified through local arrangements between a corrective services facility and external Agencies.

When informing the Aboriginal and Torres Strait Islander health worker of the prisoner's placement on a safety order, the chief executive must ask the worker to visit the prisoner and make provisions for regular cultural contact/support as appropriate. This relevant duty is exercised upon communication of the advice and request to visit the prisoner to the Agency responsible for the Aboriginal and Torres Strait Islander health worker. The notification must be recorded on the safety order register.

3. Consecutive Safety Order

Refer CSA, s. 54 and IOMS Online Learning Materials - Create a Consecutive Safety Order.

The chief executive or authorised delegate may make a further safety order for a prisoner to take effect at the end of an existing safety order if there are grounds to do so.

However, if the existing safety order was made on the advice of a doctor or psychologist, a consecutive safety order may only be made on the further advice of a different doctor or psychologist.

A consecutive safety order must be made not more than seven days before the end of the existing safety order.

Not more than 14 days before the end of the existing safety order, the chief executive or authorised delegate must give written notice to the prisoner advising the prisoner that -

  1. the chief executive or authorised delegate is about to consider whether a further safety order should be made; and
  2. the prisoner may, within seven days after receiving the written notice, make submissions to the chief executive or authorised delegate about anything relevant to the decision about making the consecutive safety order.

The chief executive or authorised delegate must consider any submission made by the prisoner in making the decision about whether to make a consecutive safety order.

When providing the written notice to the prisoner, the prisoner must be advised of their right to submit in writing anything of relevance to the chief executive or authorised delegate. This notification must be case noted, refer IOMS Online Learning Materials - View and Add Case Notes.

An official visitor must review a decision to make a consecutive safety order (a safety order of more than one month, refer CSA section 56(4) and (10)) by the chief executive or authorised delegate. The safety order must be reviewed as soon as practicable to the end of the first month and at subsequent intervals of not more than 1 month until the period ends. The review will occur after the making of the consecutive safety order as this is the decision that the official visitor must review. After completing a review of a decision to make a consecutive safety order, an official visitor must recommend to the chief executive or authorised delegate if the safety order should be confirmed, amended or cancelled, refer CSA section 56(6).

3.1 Administration of consecutive safety orders

A recommendation to approve a consecutive safety order must be communicated to the chief executive or authorised delegate a minimum of three business days prior to the expiry of the existing safety order. To ensure consecutive safety orders are considered prior to the expiry of the existing safety order, the general manager of a facility must establish a process that provides -

  1. a new consecutive safety order is raised in IOMS (refer IOMS Online Learning Materials - Create a Consecutive Safety Order) with the prisoners submission (where provided); and
  2. an email notification advising that the order has been raised in IOMS is emailed to SafetyOrders@dcs.qld.gov.au a minimum of three business days prior to the expiry of the existing safety order. The email notification must provide the prisoners name, IOMS number, expiry date of the order and a summary of the reason/s for a consecutive safety order.

Where a consecutive safety order is approved, confirmation the order has been approved must be provided by the decision maker to the State Coordinator, Official Visitors.

The State Coordinator, Official Visitors will ensure that an official visitor report is completed and provided to the decision maker for consideration, refer appendix - Official Visitor

Review of Safety Order (s56. CSA 2006) form.

When the decision maker has recorded a review decision on the Official Visitor Review of Safety Order (s56. CSA 2006) form they must -

  1. notify the general manager or deputy general manager of the facility where the prisoner is placed of the review decision; and
  2. provide the completed Official Visitor Review of Safety Order (s56. CSA 2006) form to the State Co-ordinator, Official Visitors who will attach the form on IOMS.

4. Temporary Safety Order

Refer CSA, s. 58 and IOMS Online Learning Materials - Create, Confirm and Approve a Safety Order.

A prisoner may be placed on a temporary safety order if -

  1. a doctor or psychologist is not available to assess a prisoner who is thought to be at risk of harming himself/herself or someone else; and
  2. a corrective services officer or nurse believes the prisoner may harm himself/herself or someone else.

A temporary safety order must not be made for longer than five days.

A doctor or psychologist must review a temporary safety order before the end of the five day temporary safety order period and make a recommendation whether a safety order should be made or the temporary safety order should be cancelled.

This review must be conducted as part of the usual at-risk management assessment processes and the recommendation presented during the Risk Assessment Team (RAT) meeting - refer procedure - At-Risk Management (Self Harm/Suicide).

Where a doctor or psychologist recommends cessation of a temporary safety order, but the RAT meeting outcome is that the prisoner should be maintained on observations under separation, the chief executive or authorised delegate must consider the placement of the prisoner on a safety order.

5. Safety Order and Temporary Safety Order Records

The general manager of a facility must keep information of the details of each prisoner who is placed on a safety order or a temporary safety order containing the following -

  1. for a safety order -

    1. the prisoner's name, identification number and age;
    2. whether the prisoner is an Aboriginal or Torres Strait Islander;
    3. the name of the doctor or psychologist on whose advice the order was made if applicable;
    4. the date on which the order was made;
    5. the period for which the order was made;
    6. the name of the delegated officer authorising the order; and
    7. the dates the prisoner was medically examined.

  2. for a temporary safety order -

    1. the prisoner's name, identification number and age;
    2. whether the prisoner is an Aboriginal or Torres Strait Islander;
    3. the name of the corrective services officer or nurse on whose advice the order was made;
    4. the date on which the order was made;
    5. the period for which the order was made;
    6. the name of the delegated officer authorising the order;
    7. the name of the doctor of psychologist reviewing the temporary safety order, if applicable; and
    8. the decision of the chief executive or delegate in relation to the review.

  3. for a reviewed safety order -

    1. the date of the review;
    2. the name of the doctor, psychologist or official visitor who reviewed the order if applicable; and
    3. the decision of the chief executive or authorised delegate in relation to the review.

Refer appendix - Safety Orders Register and administrative form - Custodial Operations Directorate Safety Orders Checklist.

6. Transfer/Movement of a Prisoner on a Safety Order for At-Risk (Self Harm/Suicide) Reasons

Where a prisoner on a safety order is being managed in accordance with an At Risk Management Plan, any transfer/movement of the prisoner must be in accordance with procedure - At Risk Management (Self Harm/Suicide).

7. Placement of a Prisoner in a Safety Unit

Refer standard operating procedure - Safety Units.

8. Placement of a Prisoner in a Detention Unit

When a prisoner is accommodated in a detention unit all staff must be cognisant of the at-risk indicators that may present as a consequence and take immediate action as required in accordance with the Procedure- At-Risk Management (Self Harm/ Suicide)where there are grounds for the raising of aNotification of Concern.

In circumstances where a prisoner has been identified as being at-risk of self harm or suicide the door between the cell and the exercise yard of the detention unit is not to remain open unless the prisoner is under constant observation.

Where a prisoner is accommodated in aDetention Unit and has not been identified as being at-risk of self harm or suicideand does not present with at-risk indicators then any decision is respect to the prisoners access to the exercise yard will be made in accordance with the ordinary day to day operation of the Unit

Where a prisoner is placed on a safety order in a detention unit, officers carrying out duties in a detention unit must ensure that -

  1. regular unit patrols are conducted during the shift;
  2. significant behavioural observations or change to the prisoner's status are recorded as a case note (refer IOMS Online Learning Materials - View and Add Case Note) and reported to the relevant supervisor;
  3. the prisoner's cell is searched before and after the completion of the prisoner's placement in a detention unit;
  4. each cell and all security fittings are searched at least once a day;
  5. bars and mesh fitted to all cells, windows and exercise yards and other common areas are examined and tapped or checked during unlock and lock away;
  6. a prisoner leaving or entering a detention unit is searched in accordance with standard operating procedure - Search - Prisoners and Corrective Services Facilities. A prisoner subject to a safety order must not be subject to a search requiring the removal of clothing unless the chief executive or authorised delegate is satisfied that the search is justified in the circumstances (refer CSA ss 36, 37) or as required by Direction for a Search Requiring the Removal of Clothing of Prisoners;
  7. all items, including meals, are searched before entry into a detention unit; and
  8. prisoners providing goods and services must not be granted access to the unit and must be closely monitored at all times. This does not include a prisoner who may be approved by the general manager or nominee to clean the detention unit.

8.1 Prisoner access to recreational or general equipment

All recreational or general equipment available to prisoners in a detention unit must be approved by the Deputy Commissioner, Statewide Operations prior to prisoner issue. Refer appendix - Approved Recreational and General Equipment Available to Prisoners in a Detention Unit for current approved items.

Recreational or general equipment in a detention unit available to a prisoner must be inventoried and checked daily to ensure integrity of the item. A detention unit inventory report must be provided to the chief executive or authorised delegate of the corrective services facility on a quarterly basis.

Prisoner access to items in a detention unit such as brooms, mops, skipping ropes etc, should be on a risk assessed basis and not stored or left unattended in exercise yards where they may be used as weapons. For security reasons, all recreational or general equipment that is issued to a prisoner which is not a fixture, must be removed from access and secured on completion of the purpose for which it was issued.

8.2 Log book requirements - application of restraints

To prevent a prisoner from harming themselves or others restraints may need to be applied that result in the prisoner having significantly restricted movement. In the event that this occurs, in addition to the log book requirements specified in section 3.1 of standard operating procedure Gate Books, Log Books, and Registers, staff rostered to detention units must record -

  1. the time the restraints were applied and when they are removed; and
  2. the times apparent good health checks of the prisoner were conducted.

Section 8.2 does not apply to prisoners who have restraints applied in accordance with appendix Escort Staffing, Weapons and Restraint Matrix (in-confidence) for external escorts.

Refer to appendix Restraints Schedule and training manual Control and Restraint Student Manual

Refer standard operating procedure - Search - Prisoners and Corrective Services Facilities and Direction for a Search Requiring the Removal of Clothing of Prisoners

8.3 Records

A temporary file must be established for a prisoner placed in a detention unit. A copy of the prisoner's safety order authorising placement in the detention unit must be placed at the front of the file. The file must also include -

  1. the prisoner's personal identification details;
  2. the date the prisoner was placed in the unit;
  3. the reason the prisoner was placed in the unit;
  4. indication of any review date or statutory assessments; and
  5. daily entries of the prisoner's behaviour.

A supervisor must check the file of each prisoner placed in the detention unit once during his/her shift or as required under any observation regime. This check should assess information recorded on the file and whether further action needs to be taken for individual cases. This check must be placed in the unit log and recorded on the prisoner's file.

The contents of the file must be scanned and placed on IOMS and/or transferred to the prisoner's Offender File when the period of separation is completed.

A supervisor must ensure that any officer entering the unit is aware of his/her responsibility for entering details in case files and the unit log book as required.

Refer standard operating procedure - Gate Books, Log Books and Registers and procedure - Offender File Management (in-confidence)

8.4 Minimum requirements

The general manager or nominee must specify the minimum requirements for staff accessing a cell and escort arrangements for the prisoner, which take into account the reasons for a prisoner placement on a safety order, refer section 2.1 and 2.2 of this standard operating procedure.

8.5 Privileges

The safety order must state the conditions (privileges) that apply to the prisoner, refer CSA, s 53(3),(4) and CSR, s 8, 9.

8.6 Medical

For self harm/suicide concerns, refer procedure - At-Risk Management (Self Harm/Suicide).

A prisoner separated in the detention unit under this procedure must be examined by a doctor in compliance with CSA s. 57 (safety order).

Officers must immediately refer any medical needs of a prisoner in a detention unit to the Queensland Health Nurse Unit Manager and/or registered nurse. The referral and any follow outcomes must be placed in the unit log and recorded on the prisoner's file.

The general manager or nominee, in consultation with the Nurse Unit Manager, where applicable, may determine more frequent services in accordance with a prisoner's medical needs or the operational needs of the facility. A record of that consultation must be placed in the unit log and recorded on the prisoner's file.

If a prisoner requires medical treatment that cannot be provided in the detention unit, the prisoner must be removed to the Health Centre located within the facility with the approval of the general manager or nominee.

8.7 Electronic visual/audio recordings and archiving

The general manager of the facility must provide for the use and storage of electronic visual/audio recordings used in a detention unit and account for all recordings in a register containing the following information -

  1. time, day and date of changing of recordings;
  2. identification marking of recordings inserted;
  3. recording dates and times;
  4. rotation and storage of all electronic visual/audio recordings; and
  5. name and signature of the unit or accommodation or supervising officer who changed the recordings.

Any electronic visual and audio recording registers and log books must be archived under the conditions specified in the Libraries Act 1988 and the Retention and Disposal Schedule.

Electronic visual and audio recordings which depict the commission of an offence in a detention unit, must be treated as evidence and removed from circulation, secured and signed for by the general manager or nominee.

Refer standard operating procedure - Preservation of a Crime Scene and Evidence

9. Placement of a Prisoner in a Padded Cell

Refer procedure - At-Risk Management (Self Harm/Suicide)

10. Safety Order Reintegration

Reintegration of a prisoner from a safety order into general prison accommodation should be undertaken on a staged and progressive basis and in a manner that is consistent with the prisoner's coping skills. For example, staged reintegration for a prisoner could be facilitated through the prisoner's short term placement into the mainstream population or into a routine that applied to the prisoner before the safety order took effect.

For prisoners that have been placed on a safety order as a result of problematic behaviour (eg. violent /abusive /bullying) or concerns for the safety of the prisoner or for an extended period, consideration must be given to whether the prisoner should be managed under an Intensive Management Plan. Refer standard operating procedure - Intensive Management Plans.

Endorsed by:

KERRITH MCDERMOTT

Acting Deputy Commissioner, Statewide Operations

Approved by:





MARLENE MORISON
Commissioner





Version History

29/08/2013 Version 03 - 13/11/2012 Version 02 - 28/09/2011 Version 01