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Procedure Properties


Title: Sentence Calculation and Administration
Category: Offender Management
Version: 04
Implement Date: 13 June 2013
Application: Specialist Operations
Availability: Public

Authority

Manual

  • Sentence Calculation and Administration Manual
  • IOMS Learning Materials
  • Sentence Administration Attachments Section - Practical Guide for Users
  • Events Manager - Practical Guide for Users

Appendices and Forms

Procedures

Ownership: Specialist Operations

Procedure - Sentence Calculation and Administration


Purpose
2.References
3.Legislation
4.Principles
5.Roles and Responsibilities
6.Sentence Calculation Practices and Processes
6.1Sentence Calculation and Administration Manual
6.2Complying with the Order of the Court
6.3Clarifying Orders of the Court
6.4Applications for Sentence Re-Openings
6.5Sentence Calculations
6.6Sentence Calculation Checks
6.7Sentencing Transcripts
6.8Court Reports
6.9Sentence Calculation Referrals
7.0Sentence Administration Practices and Processes
7.1Data Entry on IOMS
7.1.1 Warrants and Offences
7.1.2 Offence Coding
7.1.3 Offence Details
7.1.4 Offence Indicators and Flags
7.1.5 Legal Status
7.1.6 Entering Aliases
7.2File Management
7.2.1 Archive Files
7.2.2 Filing of Sentencing Documents
7.2.3 IOMS Attachments
7.3IOMS Event Manager
7.4Generic Email Addresses
7.5Integrated Justice Information System (IJIS) Notifications
7.6QPS Transfers
7.7Presentence Custody Certificates
7.8Court Transfers
7.8.1 Ordinary
7.8.2 Irrespective
7.8.3 Dependent on Court Outcome
7.9Court Outcomes
7.10Ex-officio Matters
7.11Immediate Court Ordered Parole Release
7.12Board Parole Ordered Parole Release
7.13Bail
7.14Discharge or Release
7.15Discharge within 7 Days Before Discharge Day
7.16Remaining in Corrective Services Facility after Discharge Day
7.17Release/Discharge Checklist
8.0Incident Management (Unlawful Detention or Discharge In Error)

Purpose

To provide minimum standards for sentence calculation and administration practices and process for staff managing warrants and/or other orders issued by a court, Queensland Corrective Services (QCS), a parole board and the State Penalties and Enforcement Register (SPER) to ensure prisoners are lawfully held in QCS custody.

2. References

Standard Minimum Rules for the Treatment of Prisoners - United Nations (Part I - Rules of General Application; Section 7. Parts (1) (A), (B), (C) & (2)).

Standard Guidelines for Corrections in Australia (Standard Guidelines for Community Corrections; Sections 1.1, 1.2, 1.4, 1.8, 6.3; Standard Guidelines for Prisons; Sections 1.1, 1.18, 1.19, 1.20, 2.57, 5.18, 5.19, 5.20, 5.21, 5.22).

3. Legislation

The main pieces of legislation, both State and Federal, governing the administration of sentences for prisoners include:

Bail Act 1980

Corrective Services Act 2006 (CSA 2006)

Crimes Act 1914

Criminal Code1899

Drug Court Act 2000

Information Privacy Act (2009), Schedule 3

Penalties and Sentences Act 1992

Parole Order Transfer Act 1984

Prisoners (Interstate Transfer) Act 1982

State Penalties and Enforcement Act 1999

Youth Justice Act 1992

4. Principles

Sentence calculation and administration practices and processes are a core agency business to ensure that the orders of the court are enforced by accurately calculating the period of time that a prisoner may be lawfully held in QCS custody and to ensure that prisoners are correctly released/discharged from QCS custody.

5. Roles and Responsibilities

The Sentence Administration Unit is responsible for identifying systemic issues in sentence calculation and administration and implementing state-wide quality assurance practices and processes including legislative and procedural changes.

Assistant Managers, Sentence Administration are responsible for -

  1. ensuring that all sentence calculations and order details are checked as correct within two working days of the receipt of the sentence calculation, where possible;
  2. monitoring the status of sentence calculations and tracking the status of sentence calculations returned for amendment;
  3. overseeing liaison between sentence management officers, prosecuting staff and court staff (including court regional network contacts for the Department of Justice and Attorney-General (JAG)) when seeking clarification of a prisoner's court order/s, which includes the signing of any formal correspondence raised in relation to these matters;
  4. preparing legal advice requests to confirm the accuracy of court orders and calculation of sentences, where necessary;
  5. managing and reporting incidents of discharge in error or unlawful detention;
  6. overseeing sentence calculation and administration processes relating to receptions, court transfers and discharges to ensure the lawful detention of prisoners;
  7. attending and participating in sentence management teleconferences;
  8. delivery of sentence calculation and administration training; and
  9. training, mentoring and supporting sentence management officers responsible for sentence calculation and administration duties.

Assistant Managers, Sentence Administration are responsible for the day to day management of sentence calculation and administration practices and processes including the supervision of sentence management officers undertaking sentence calculation and administration functions.

Sentence Management Officers are responsible for -

  1. completing pre-reception checks of prisoners transferring from Queensland Police Service (QPS) watch houses to confirm whether the prisoners listed can be lawfully detained in QCS custody;
  2. liaising with Central Archives or the relevant Probation and Parole Office as applicable to facilitate the urgent delivery of the prisoner's hard-copy file;
  3. maintaining a hard-copy record and an electronic (IOMS) record of all documents relevant to the prisoner's period of imprisonment;
  4. maintaining discharge and/or release of prisoners and court appearances in the IOMS Events Manager;
  5. correctly completing the sentence calculation and order details within one working day of the order being received, where possible;
  6. liaising with court staff and JAG court regional network contacts to resolve issues with documentation provided by the courts that may impact on a prisoner's lawful detention;
  7. following up outstanding parole board decisions that may impact on the lawful detention of a prisoner;
  8. preparing orders for the transfer of a prisoner to attend court and attaching relevant information to the orders for transfer;
  9. monitoring and tracking court outcomes (including court video links and matters heard in the prisoner's absence, where possible) that impact on the lawful detention of a prisoner;
  10. creating and checking pre-sentence custody certificates and ensuring copies are placed on the prisoner's hard-copy and electronic files; and
  11. participating in sentence management teleconferences and other scheduled sentence calculation and administration meetings.

Custodial staff rostered in the reception store are responsible for -

  1. receiving the order from the court that orders the prisoner's imprisonment, including remand; and/or
  2. receiving the executed return to prison warrant that has been issued by a relevant authority; and/or
  3. receiving order/s issued from the State Penalties Enforcement Registry (SPER) and executed by QPS for a person who is required to serve imprisonment in default of the payment of a fine/s;
  4. entering the date the prisoner was initially taken into QPS custody on IOMS (Admission Details/New Reception Details/Date Arrested area); and
  5. entering the Single Person Identifier (SPI) as recorded on QPS documents on IOMS (Offender Details/Personal Details/Justice ID).

Refer procedure - Admission.

6. Sentence Calculation Practices and Processes

6.1 Sentence Calculation and Administration Manual

The calculation of a prisoner's sentence must be completed in accordance with the guidelines and rules provided in the Sentence Calculation and Administration Manual.

The Sentence Calculation and Administration Manual is maintained by the Sentence Administration Unit.

The General Manager Sentence Management Services must ensure that all staff that undertake sentence calculation and administration duties have read and understand the contents of this manual.

Amendments to the manual will be published through the Sentence Calculation and Administration Newsletters.

6.2 Complying with the Order of the Court

In completing a sentence calculation, sentence management officers must comply with the court order/s regardless of whether they may appear contrary to law.

In complying with the court order/s, additional consideration must be made, where relevant, to the legislative provisions for presentence custody of the Penalties and Sentences Act 1992 s.159 (3), Sentence Calculation and Administration Manual Part

1.5 and the legislative provisions of the Bail Act 1980 s.33 (Sentence Calculation and Administration Manual Part 3.1).

6.3 Clarifying Orders of the Court

The process for seeking clarification of a court order or resolving matters with a court or prosecution authority is provided in the Sentence Calculation and Administration Manual Part 1.13.

All phones calls and/or emails to court staff must be case noted in IOMS (SCAL - court contact). If correspondence to the prosecuting authority is subsequently required the letter must be scanned and attached in the sentence calculation attachments on IOMS. A bring up must be entered in the IOMS Event Manager to ensure the matter is followed up within two weeks or earlier as required.

6.4 Applications for Sentence Re-Openings

The process for applying for a sentence re-opening is provided in the Sentence Calculation and Administration Manual Part 1.13.

Any application for a sentence re-opening that QCS has standing before the court must be completed by the Assistant Manager, Sentence Administration and forwarded to the generic email address, SentenceCalculationReferral@dcs.qld.gov.au.

The Manager, Sentence Administration is responsible for tracking the status of the sentence re-openings with the Legal & Conduct Unit, advising the relevant Assistant Manager, Sentence Administration when a response is provided by the Legal Services Unit.

6.5 Sentence Calculations

A sentence calculation is to be completed for all prisoners who are sentenced and admitted to QCS custody, or sentenced and admitted to QCS supervision on an immediate court ordered parole order.

For a prisoner sentenced to immediate court ordered parole, the Probation and Parole Officer must make arrangements for a sentence calculation to be completed by the Sentence Calculation Officer, Probation and Parole.

Prior to making a request for a sentence calculation to be undertaken, the probation and parole officer must:

  1. create a draft court ordered parole order on IOMS (Sentences and Orders/Orders and Offences); and
  2. scan and attach the Verdict and Judgment Record (VJR) on IOMS.

The request must be made by the Probation and Parole Officer within one working day of the VJR being received at the district office, where possible, and emailed to the generic email address, SentenceCalculation-ProbationandParole@dcs.qld.gov.au. The prisoner's name and IOMS number must be included in the subject line of the email.

The Sentence Calculation Officer, Probation and Parole must complete the sentence calculation within 2 workings days of the request being made, where possible.

For a prisoner sentenced and admitted to QCS custody, the sentence calculation must be completed by the Sentence Management Officer within one working day of the VJR being received at the correctional centre, where possible.

The Sentence Calculation and Administration Checklist is to be used when a sentence calculation is completed. Refer Administrative Form Sentence Calculation and Administration Checklist.

The Sentence Management Officer or Sentence Calculation Officer, Probation and Parole completing the sentence calculation must enter their name and position title in the sentence calculation comments.

A sentence calculation is to be amended when a prisoner is further convicted and/or returned to custody following a parole suspension or cancellation, or escape from custody.

Prior to the completion of a sentence calculation on IOMS, the Sentence Management Officer must determine the prisoner's sentencing details including the prisoner's period of imprisonment, discharge date and parole eligibility/release date.

A manual sentence calculation should be completed, which includes a detailed “time-line” prior to calculating the sentence on IOMS where a sentence calculation is more complex (e.g., multiple orders of imprisonment imposed on different dates for federal and state offences with cumulative directions) and/or a manual calculation is required for training purposes.

6.6 Sentence Calculation Checks

Each sentence calculation must be checked by the relevant Assistant Manager, Sentence Administration. This includes:

  1. initial sentence calculations;
  2. amended sentence calculations for new or amended court orders;
  3. amended sentence calculations for parole suspensions or cancellations; and
  4. discharge checks, where the sentence calculation has not been previously checked.

Sentence Management Officers or the Sentence Calculation Officer, Probation and Parole are to email requests for sentence calculation checks to the Assistant Manager, Sentence Administration using the following generic email addresses:

  1. Northern Region - SentenceCalculationNorthern@dcs.qld.gov.au
  2. Central Region - SentenceCalculationCentral@dcs.qld.gov.au
  3. South East Queensland - SentenceCalculationSEQ@dcs.gov.au

Where possible, the sentence calculation must be checked within five working days of receipt of the order or prior to the prisoner's release/discharge date, whichever is earlier.

The Assistant Manager, Sentence Administration must ensure that the sentence calculation has been completed in accordance with the Sentence Calculation and Administration Manual. A comment confirming that the sentence calculation has been checked must be entered into the sentence calculation by the Assistant Manager, Sentence Administration. The Assistant Manager, Sentence Administration must also enter their name and position title in the sentence calculation comments.

The Assistant Manager, Sentence Administration must notify the sentence management officer at the correctional centre through the generic sentence management email address or the Sentence Calculation Officer, Probation and Parole through the generic email address, SentenceCalculation-ProbationandParole@dcs.qld.gov.au, that a sentence calculation check has been completed.

If applicable, the Sentence Calculation Officer, Probation and Parole must notify the relevant district office that the sentence calculation has been completed and checked through the generic district office email address.

The Sentence Management Officer or Sentence Calculation Officer, Probation and Parole must record the date that the sentence calculation was checked on the Sentence Calculation and Administration Checklist and make arrangements for the form to be filed on the hardcopy offender file and attached to IOMS (Sentences and Orders/Attachments). Refer Administrative Form Sentence Calculation and Administration Checklist.

The prisoner must be provided a copy of the checked sentence calculation report by a sentence management officer. The sentence management officer is to enter an IOMS case note (SCAL - Sentence details) detailing the date that a copy of the checked sentence calculation was provided to the prisoner.

Wherever possible, a prisoner should not be transferred to another correctional centre until the sentence calculation has been completed and checked.

6.7 Sentencing Transcripts

When a prisoner is convicted and sentenced by a District or Supreme Court, the VJR issued by the court, is to be cross-checked against the sentencing transcript. Orders from the Court of Appeal must also be cross-checked against the transcript from the Queensland Court of Appeal. Refer Sentence Administration and Calculation Manual Part 1.14.

Sentence Management Officers are to enter a bring up on the IOMS Events Manager to monitor the timely receipt of sentencing transcripts and transcripts produced by the Court of Appeal. Refer Events Manager - Practical Guide for Users.

If a sentencing transcript is not received within six weeks of the date of sentence, the transcript should be requested from the Police and Court Information Officer, Sentence Administration Unit. Refer administrative form - Request for Sentencing Transcript.

Until the cross-check is completed, a comment must be entered in the sentence calculation comments, “sentence calculation is subject to validation with the sentencing transcript”.

Upon receipt of the sentencing transcript, the Police and Court Information Officer will attach the document to the prisoner's IOMS record and advise the relevant correctional centre or district office that the sentencing transcript has been attached on IOMS.

The Sentence Management Officer responsible for cross-referencing the sentencing transcript with the sentence calculation must update the sentence calculation comment by entering the comment: “sentence calculation has been checked against the sentencing transcript”.

If the sentencing transcript differs from the VJR, the Assistant Manager, Sentence Administration must take urgent action to clarify the orders of the court. Refer Sentence Administration and Calculation Manual Part 1.13.

6.8 Court Reports

If a court report has been ordered in the sentencing transcript but not received/provided, a copy of the report must be requested by the Sentence Management Officer. Upon receipt, the Assistant Manager, Sentence Management is to forward the court report to the relevant area e.g., intelligence unit, psychological and counselling services.

6.9 Sentence Calculation Referrals

Sentence Management Officers are to email requests for sentence calculation and administration advice to the Assistant Manager, Sentence Administration using the following generic email address.

  1. Northern Region - SentenceCalculationsNorthern@dcs.qld.gov.au
  2. Central Region - SentenceCalculationsCentral@dcs.qld.gov.au
  3. South East Queensland - SentenceCalculationsSEQ@dcs.gov.au

If the Assistant Manager, Sentence Administration determines that legal advice is required the Assistant Manager, Sentence Administration is responsible for completing a legal advice request form and emailing the form (and all relevant attachments, for example the VJR, sentencing transcript, current IOMS sentence calculation, etc) to the Director of the Legal & Conduct Unit, DCS.

The Manager, Sentence Administration is responsible for tracking the status of the request for legal advice relating to sentence calculation and administration processes with the allocated lawyer in the Legal & Conduct Unit, and advising the Assistant Manager, Sentence Administration when a response is provided by the Legal & Conduct Unit.

7.0 Sentence Administration Practices and Processes

7.1 Data Entry on IOMS

All contact with prisoners in relation to a prisoner's sentence administration or calculation details must be case noted. Refer Sentence Calculation and Administration Manual Part 1.2.

7.1.1 Warrants and Offences

All orders of imprisonment, including remand warrants issued by a court or orders of imprisonment in default of the payment of fines, must be recorded on IOMS (Sentences and Orders/Warrants and Offences). Refer IOMS Learning Materials.

7.1.2 Offence Coding

Where the wording of the charge does not directly relate to an approved offence code, staff must refer to the Act and Section that the charge was made under. If the details are still unclear, the matter is to be referred to the relevant Assistant Manager, Sentence Administration, who may then refer it to the prosecuting authority for clarification.

An offence is only to be coded as “offence otherwise unknown” as a last resort. The relevant Assistant Manager, Sentence Administration must be notified prior to this action being taken to confirm that there are no other options.

If the offence constitutes an offence type that is not currently provided for on IOMS, the Assistant Manager, Sentence Administration must refer the matter to the Manager, Sentence Administration.

If necessary, the Manager, Sentence Administration will consult with Operational Support Services, and Information Management to coordinate the addition of a new offence code on IOMS. A list of IOMS offence codes are attached to the Manual. Refer Sentence Administration and Calculation Manual Part 6.6.

7.1.3 Offence Details

The actual wording of an offence and the date (including between dates) of the offence must be recorded in the Offence Details on IOMS.

7.1.4 Offence Indicators and Flags

The Sentence Management Officer at the correctional centre is responsible for ensuring appropriate offence indicators and flags have been activated. The Assistant Manager, Sentence Administration is to check the accuracy of the relevant indicators and flags when checking the sentence calculation.

Indicators

  1. The SVO indicator is activated for those offences that are declared by the court to be a serious violent offence or where section 161B(2) of the Penalties and Sentences Act 1992 applies. Activating this indicator will automatically raise an SVO flag on IOMS. This indicator is not to be deactivated during the period of imprisonment unless the Court of Appeal determines that the prisoner has not committed a serious violent offence.
  2. A Cumulative Sentence indicator is to be activated when:

- a cumulative order is made by the court; or

- a prisoner is sentenced to a term/s of imprisonment for offences relating to fail to appear under section 33 of the Bail Act 1980, unless the court orders that those terms are to be served concurrently; or

- a prisoner is required to serve an order/s of imprisonment in default of the payment of Queensland State fines which were committed on or after 23 July 1993, unless the court orders that those terms are to be served concurrently.

  • A Section 305(2) Sentence indicator is activated when a prisoner is convicted of more than one offence of murder at the one time or at different times and the court has not fixed a parole eligibility date Section 181(2), CSA 2006.
  • A Federal Offence indicator is to be activated when entering the details of an offence against the Commonwealth.
  • The Committed While Serving Sentence indicator is to be activated for an offence that was committed while the prisoner was serving a custodial sentence and/or while subject to a parole order.Flags
    1. The Scheduled Sex Offence flag is automatically activated when entering the details of an offence that is listed in Schedule One of the CSA 2006.
    2. The SVO flag is automatically activated when the SVO indicator is checked upon entering the warrant details for a declared serious violent offence.
    3. The Awaiting Deportation flag is activated upon notification that a prisoner is of interest to the Department of Immigration and Citizenship (DIAC) and is only to be deactivated upon advice that DIAC will not remove the prisoner from Australia.
    4. The Awaiting Extradition flag is activated upon advice of outstanding criminal charges from another jurisdiction and is only to be deactivated upon advice that extradition proceedings will not proceed.
    5. The Youthful Offender flag must be activated when a prisoner is admitted who is under 18 years of age. This flag must be deactivated when this prisoner turns eighteen. A bring up must be entered in relation to the date that the prisoner turns 18 years of age on the IOMS Events Manager in accordance with section 7.5 of this procedure. Refer Events Manager - Practical Guide for Users.
    6. The Ministerial Notification flag must be activated for all prisoners in the following categories:

    - any prisoner serving 10 years and over (including life sentenced and indefinite sentenced prisoners); and/or

    - any prisoner convicted of a sexual offence in the current correctional episode; and/or

    - any prisoner who is a declared serious violent offender; and/or

    - any prisoner who has been flagged as 'high profile'; and/or

    - any prisoner who has been flagged as 'notorious'.

    7.1.5 Legal Status

    Prisoners are allocated a legal status of either Remanded or Sentenced.

    Where a prisoner has a legal status of Remanded, the following indicators may be selected:

    1. Bail; or
    2. Other (where Other is selected comments are mandatory).

    Where a prisoner has a legal status of Sentenced, the following indicators may be selected:

    1. Bail;
    2. Parole suspended;
    3. Further remanded; or
    4. Parole not suspended.

    A prisoner's legal status may be amended at any time on IOMS (Sentences and Orders/Legal Status). In addition, a prisoner's legal status may be updated when a:

    1. new warrant is entered or deleted on IOMS; and
    2. Sentence Management - Decision Making Record (SM-DMR) is completed on IOMS.

    Prior to amending a prisoner's legal status on IOMS the Sentence Management Officer must ensure that the prisoner's legal status is consistent with the prisoner's current sentencing details.

    7.1.6 Entering Aliases

    If a court or police document identifies that a prisoner has an alias, those details are to be entered on IOMS/Personal Details/Alias upon the prisoner's admission into QCS custody or supervision.

    The recording of alias information will facilitate the correct matching of the prisoner. The prisoner's personal details on IOMS must be updated if other aliases are identified.

    7.2 File Management

    Refer procedure - Offender File Management (in-confidence).

    7.2.1 Archive Files

    Sentence Management Officers must monitor the QPS watch house lists on a daily basis to identify prisoners who have been previously supervised by QCS and urgently request the most current offender file from the relevant district office or central archives.

    If the offender file is not received prior to the prisoner's reception to the correctional centre, the Sentence Management Officer must confirm that the prisoner will be lawfully detained as per Section 7.6 of this procedure.

    When prisoners are transferred to another correctional centre, the current offender file part must accompany the prisoner.

    All movement of offender files must be recorded on Rec-Find.

    7.2.2 Filing of Sentencing Documents

    All order/s of imprisonment and remand warrant/s are to be filed behind the sentence calculation report in the Sentence/Order Details section at the front of the offender file.

    The order/s of imprisonment and remand warrant/s must not be removed unless the order/s of imprisonment or remand warrant/s is returned to the court for amendment. If this occurs, a duplicate copy of the order of imprisonment/s or remand warrant/s must be filed on the offender file until the amended order/s of imprisonment or remand warrant/s is received.

    Where order/s of imprisonment or remand warrant/s are amended, the duplicate copies of the order/s of imprisonment or remand warrant/s are to be ruled through and marked “replaced” and attached to the new order.

    Where an order/s of imprisonment is changed on appeal, the original order is to be ruled through and marked “refer to attached appeal order”.

    All orders of imprisonment must be clearly numbered on the top right hand corner with the same charge number/s entered in the sentence calculation report. Remand warrants are not numbered.

    A sentencing transcript must be filed immediately behind the orders of imprisonment.

    Other sentencing documents, as indicated below, are to be filed in chronological order behind these documents -

    1. presentence custody certificates;
    2. bail papers;
    3. recognizance orders;
    4. form QP9;
    5. criminal history;
    6. prisoner appeal documents;
    7. correspondence to or from prosecuting staff or sentencing authorities;
    8. prisoner's immigration or extradition documents; and
    9. interstate transfer documents including documents relating to the registration of an interstate parole order in Queensland.

    7.2.3 IOMS Attachments

    Sentencing documentation that relates to the prisoner's current sentence calculation must be scanned and attached to the prisoner's record on IOMS (Sentences and Orders/Attachments) in accordance with the Sentence Administration Attachments Section - Practical Guide for Users. These sentencing documents, include but are not limited to:

    1. orders of imprisonment;
    2. remand warrants, where applicable e.g., sentenced - remand prisoners;
    3. warrants for arrest and conveyance of a prisoner to a prison; and
    4. correspondence to prosecuting and sentencing authorities seeking to clarify court orders.

    If a remand or sentenced-remand prisoner is transferred to another correctional centre, the relevant remand warrant must be scanned and attached on IOMS prior to transfer.

    If a prisoner is granted bail, the remand warrant and bail paperwork must be scanned and attached on IOMS prior to release.

    Sentencing documents attached on IOMS that are amended or superseded must be deleted from IOMS Attachments. These documents can be retrieved through the IOMS Attachment Deleted section, where required.

    7.3 IOMS Event Manager

    Sentence Management Officers are to enter bring ups in the IOMS Events Manager relating to:

    1. release dates;
    2. discharge dates;
    3. parole suspension expiry dates;
    4. court appearance dates;
    5. correspondence to prosecuting and sentencing authorities seeking clarification of court orders;
    6. receipt of sentencing transcripts (six weeks after date of sentence);
    7. sentence calculation referrals (including requests for re-openings); and
    8. federal parole report dates (4 months before parole).

    Refer Events Manager - Practical Guide for Users.

    An Event Manager report must be printed on a daily basis, one week in advance (manual diary) and manual diaries maintained.

    7.4 Generic Email Addresses

    All contact to and from other agencies relating to a prisoner's sentencing details must be must made through the generic sentence management email address for the correctional centre and where available other agency generic email addresses. Refer http://intranet/content/Our_Organisation/Specialist_Operations/Sentence_Management_Services/SSA.shtml

    7.5 Integrated Justice Information System (IJIS) Notifications

    When a prisoner in custody is charged with an offence, the bench warrant details will be electronically sent to QCS through the prisoner's IOMS record. Where the prisoner is already in custody on other matters, the Sentence Management Officer is responsible for confirming receipt of the IJIS notification.

    Following receipt and confirmation of a notification, any necessary further action is to be determined and initiated by Sentence Management Officers at the correctional centre. Such action can include:

    1. recording bring ups in the Events Manager;
    2. obtaining court documentation relating to court appearances; and
    3. notifying the Parole Board and district office if the prisoner is on parole suspension.

    The Sentence Management Officer is to enter an IOMS case note (SCAL - Sentence details) detailing any action taken in relation to the IJIS notification.

    Refer IOMS Learning Materials (IJIS Notifications).

    7.6 QPS Transfers

    Prior to a prisoner being transferred from a QPS watch house to QCS custody, a Sentence Management Officer must undertake a pre-reception check to confirm that the prisoner will be lawfully detained on transfer.

    The attached Pre-Reception Checklist is to be used by Sentence Management Officers to undertake the pre-reception process. Refer Administrative Form Pre-Reception Checklist.

    The Pre-Reception Checklist must be retained on the offender file.

    The sentence management officer is responsible for providing a list of prisoners who have been approved for transfer from QPS to QCS custody to the Officer in Charge of the watch house and reception store officer prior to the prisoner's transfer.

    When a prisoner is returned to QCS custody on a warrant issued by an authorised QCS delegate, the sentence calculation must be amended and the status of the warrant (Form 22, Form 37 or Form 39) updated on IOMS by a Sentence Management Officer. The warrant must also be attached on IOMS (File Contents/Sentences and Orders/Attachments).

    If it is identified that a prisoner's sentence calculation is to be amended to include time not served and the prisoner's parole suspension order will expire prior to the prisoner being transferred, the Sentence Management Officer must ensure all warrant documentation has been attached to IOMS and urgently refer the matter to the Probation and Parole Sentence Calculation Officer, Sentence Administration.

    The Sentence Calculation Officer, Probation and Parole must amend the sentence calculation, make arrangements for the sentence calculation to be checked and notify the Sentence Management Officer when the sentence calculation has been completed and checked in IOMS.

    The Sentence Calculation Officer, Probation and Parole must also ensure that a copy of the amended sentence calculation is provided to the relevant watch house, and an IOMS case note (SCAL - Sentence details) is made in relation to the matter.

    7.7 Presentence Custody Certificates

    A presentence custody certificate (PSC) must be provided for all criminal court appearances (including video link) by prisoners within one working day of the scheduled court appearance.

    A presentence custody certificate working document must be created on the day that an offender is remanded in custody and amended as required. The certificate must be saved

    as an attachment on the offender's IOMS electronic file in accordance with IOMS Document Naming Conventions.

    For complex matters, where the prisoner is in custody the prosecuting authority may request a copy of the working document for the PSC and/or sentence calculation to be provided at an earlier timeframe by making contact with the Assistant Manager, Sentence Management at the relevant correctional centre. The PSC request is to be addressed to the Assistant Manager, Sentence Management and forwarded using the generic sentence management email for the correctional centre.

    Where a prisoner has been discharged to bail, QCS will provide a PSC within three working days of receiving the completed request from the Office of the Director of Public Prosecutions (ODPP), or as soon as possible where there is a delay in QCS receiving hardcopy information required to complete the PSC. These requests can be made at any time.

    Presentence custody certificates must be prepared in accordance with the Manual. Refer Sentence Calculation and Administration Manual Part 1.5.

    7.8 Court Transfers

    A Form 11 (Order for Transfer of Prisoner to attend Court) must be completed for all prisoners being transported to court. A status of ordinary, irrespective or dependent on court outcomes must be allocated on the Form 11.

    At a minimum, the following documentation must be attached to the Form 11:

    1. a copy of the presentence custody certificate;
    2. current sentence calculation;
    3. documentation requiring court appearance (e.g., Form 10 or Notice to Appear); and
    4. the warrant and/or order of imprisonment holding the prisoner in custody.

    If there are multiple orders of imprisonment holding the prisoner in custody, only the VJR for the next scheduled court appearance and/or order of imprisonment for the operative sentence is required to be attached.

    The Form 11 must be checked, signed and dated by the Assistant Manager, Sentence Management or an experienced Sentence Management Officer, prior to the authorised delegate signing the Form 11. This check is to ensure the accuracy of the Form 11 status and that any relevant comments have been entered in the special circumstances area of the Form 11.

    In the event that IOMS is not operational, a Form 11 is to be manually prepared. A copy of the Form 11 must be filed on the offender file and attached to IOMS, when the system is restored.

    Sentence management officers are encouraged to seek assistance from the Assistant Manager, Sentence Administration when determining the status of a Form 11, where required.

    7.8.1 Ordinary

    A prisoner is to be transferred to court as 'ordinary' status when QCS does not hold other orders of imprisonment including remand warrants to lawfully detain this person. This person is not to be returned to QCS custody without new court documentation that requires the person to be lawfully detained.

    Examples of when a prisoner is to be transferred to court as 'ordinary' include:

    1. remand only and attends court for all remand matters; and
    2. sentenced-remand prisoner attends court for all remand matters after the prisoner's court ordered parole release date.

    The Form 11 for prisoners transported as ordinary must be noted in the special circumstances section as follows:

    For court appearances where the prisoner has been remanded to a fixed date (Magistrates Courts):

    'As of (date) QCS does not hold any order to lawfully detain this prisoner other than the attached document. This person cannot be returned to QCS custody without court documentation requiring further imprisonment. The Verdict and Judgment Record is to be emailed to Sentence Management (email address).'

    For court appearances where the prisoner has been remanded to court sittings commencing from a date (District/Supreme Courts):

    'As of (date) QCS does not hold any order to lawfully detain this prisoner other than the attached document. Further court documentation to return this person to QCS custody is only required when a change of circumstance occurs e.g., sentenced. The Verdict and Judgment Record is to be emailed to Sentence Management (email address).'

    7.8.2 Irrespective

    A prisoner is to be transferred to court as 'irrespective' status when QCS does hold other orders of imprisonment to lawfully detain this person beyond his court appearance. The prisoner is to be returned to QCS custody.

    Examples of when a prisoner is to be transferred to court as 'irrespective' include:

    1. remand only and attends court for some of the remand matters;
    2. sentenced-remand prisoner with a parole eligibility date and attends court before the prisoner's full time discharge date; and
    3. sentenced-remand prisoner with a court ordered parole release date and attends court before the prisoner's court ordered parole release date.

    The Form 11 for prisoners transported as irrespective must be noted in the special circumstances section as follows:

    'As of (date), QCS does hold other orders of imprisonment to lawfully detain this person. The court order/s are attached. The Verdict and Judgment Record is to be transported with the prisoner.'

    7.8.3 Dependent on Court Outcome

    The status of a Form 11 may change depending on a court outcome.

    Examples of when a prisoner is to be transferred to court as 'dependant on a court outcome' status include:

    1. prisoner is returned to custody on a parole suspension/cancellation order made by a Parole Board and the prisoner is also remanded in custody; or
    2. prisoner is held on remand only and is attending a bail application hearing.

    The Form 11 for prisoners transferred to court as dependant on court outcome must include relevant information in the special consideration section to inform escorting staff as follows:

    For prisoners on parole suspension/cancellation:

    'CAUTION: This prisoner is currently held in custody on parole suspension/cancellation order as per the attached court order and warrant. If the court orders the prisoner's immediate release to court ordered parole, the prisoner is to be released in accordance with the intention of the court. The Verdict and Judgment Record is to be emailed to Sentence Management (email address).'

    For prisoners remanded in custody and attending a bail application:

    'CAUTION: This prisoner is remanded to appear in the (court) on (date) for a bail hearing as per the attached court order. If this prisoner is not granted bail on all matters, the prisoner must be returned to QCS custody, otherwise the prisoner is to be released on signing into bail. The Verdict and Judgment Record is to be emailed to Sentence Management (email address).'

    Sentence Management Officers must consult with the Assistant Manager, Sentence Administration if the 'dependent on court outcomes' status is to be used for another purpose.

    7.9 Court Outcomes

    Sentence Management Officers are responsible for tracking court outcomes on a daily basis using access to the Queensland Wide Integrated Court (QWIC), court database, and making contact with court staff, where required. Refer Administrative Form Urgent Court Result Required.

    If a court outcome is unable to be ascertained through contact with court staff or court staff are not available, sentence management staff must contact the relevant JAG court regional network contacts in accordance with the contact list provided in the Manual. Refer Sentence Calculation and Administration Manual Part 1.13.

    Where a prisoner has been sent to court as 'ordinary' status, and the outcome of the court appearance requires the prisoner to be returned to QCS custody, a new court order must be obtained prior to the prisoner being returned to QCS custody. The new court order will be transported with prisoner, if the prisoner is returned to QCS custody.

    Caution should be used when tracking court outcomes for prisoners sent to court as 'irrespective' or 'dependant on court outcome' status. The court outcomes for these prisoners must be monitored to ensure that if the prisoner is returned to custody, it is in accordance with a court outcome.

    The court outcome for prisoners on parole suspension should be monitored to ensure that that the parole order and the parole suspension order have not been superseded by a new court ordered parole order requiring the prisoner's immediate release from court.

    The court outcome for prisoners attending a bail application hearing should be monitored to confirm whether or not the prisoner was granted bail on all matters and that the prisoner should be released to bail.

    Where possible, prisoners are not to be returned to QCS custody after the close of business unless the court outcome has been checked by sentence management staff during business hours.

    Where a court outcome is not available prior to close of business and the lawful detention of the prisoner is yet to be confirmed, the Assistant Manager, Sentence Administration must notify the Correctional Supervisor and General Manager, Sentence Management Services through an urgent email notification.

    The urgent email must include information relating to the status of the Form 11 and the prisoner's court appearance. For example, if a prisoner is on parole suspension or attending a bail application hearing, information relating to the possible court outcomes and impact on the prisoner's lawful detention must be detailed in the email. The Form 11 and court documentation relating to the prisoner's court appearance must be attached to the email.

    7.10 Ex-officio Matters

    For prisoners who have had matters that they were held in custody on dealt with by way of an ex-officio indictment in the District or Supreme Court, the prisoner is to be held in QCS custody until the court matters have been discontinued in the Magistrates Court.

    7.11 Immediate Court Ordered Parole Release

    Where a prisoner is in custody at the time of sentencing and an immediate court ordered parole release date is imposed, the Sentence Management Officer is to complete the sentence calculation and make arrangements for the sentence calculation to be checked within one working day.

    The Sentence Management Officer must also create a draft court ordered parole order on IOMS (Sentences and Orders/Orders and Offences) and ensure that the parole order expiry date is consistent with the prisoner's sentencing details in the sentence calculation report.

    When the prisoner reports to the district office, the Probation and Parole Officer is to activate the court ordered parole order and issue a copy of the parole order.

    In the event that IOMS is not operational, a Form 31 (Court Ordered Parole Order) is to be manually prepared and forwarded to the relevant district office. A copy of the Form 31 must be filed on the offender file and attached to IOMS, when the system is restored.

    Any action to suspend the prisoner's court ordered parole order by the Probation and Parole Officer must not be deferred if a sentence calculation has not been

    completed/checked. However, an urgent request for the sentence calculation to be completed and checked must be made.

    7.12 Board Parole Ordered Parole Release

    Prior to the release of a prisoner to board ordered parole the Sentence Management Officer must ensure that the expiration date of the parole order is consistent with the prisoner's sentencing details in the sentence calculation report.

    If the expiration date on the parole order is incorrect, the Sentence Management Officer must advise the Parole Board and request that the parole order be amended.

    7.13 Bail

    Bail processes are to be undertaken in accordance with the Manual. Refer Sentence Calculation and Administration Manual Part 1.4.

    7.14 Discharge or Release

    Discharge or release (section 108 of the CSA 2006) must be undertaken in accordance with the Manual. Refer Sentence Calculation and Administration Manual Part 1.11.

    Section 108(2) of the CSA 2006 can be applied to a prisoner's release date or discharge date if the date is on Saturday, Sunday or a Queensland or local public holiday.

    Section 108(2) of the CSA 2006 can be applied to a prisoner's release date or discharge date if the prisoner has been transferred from QCS custody to a QPS watch house and the prisoner is to be discharged from the watch house, where it is not practical for the prisoner to be returned to QCS custody e.g., keep the prisoner in their community.

    7.15 Discharge within 7 Days Before Discharge Day

    Early discharge (section 110 of the CSA 2006) must be undertaken in accordance with the Manual. Refer Sentence Calculation and Administration Manual Part 1.11.

    Section 110 is to be used to ensure that appropriate arrangements are made for the prisoner's discharge - that is, on a date when transport is available for return to their community.

    Section 110 of the CSA 2006 can only be applied to a prisoner who is to be discharged from a correctional centre as their sentence has expired. Section 110 of the CSA 2006 can not be applied to a prisoner being released to bail, parole, a suspended sentence or a prison probation order.

    7.16 Remaining in Corrective Services Facility after Discharge Day

    Section 111 of the CSA 2006 enables a prisoner to apply in writing to the Chief Executive for permission to remain in a corrective services facility after their discharge date (up to 4 days after discharge date).

    Prisoners must voluntarily apply to remain in a corrective services facility after their discharge date.

    Section 111 is to be used to ensure that appropriate arrangements are made for the prisoner's discharge - that is, on a date when transport is available for return to their community.

    Section 111 of the CSA 2006 can only be applied to a prisoner who is to be discharged from a correctional centre as their sentence has expired. Section 111 of the CSA 2006 cannot be applied to a prisoner being released to bail, parole, a suspended sentence or a prison probation order.

    7.17 Release/Discharge Checklist

    The Release/Discharge Checklist is to be completed by Sentence Management Officers when a prisoner is to be released/discharged. The completed Release/Discharge Checklist must be retained on the offender file. Refer Administrative Form Release/Discharge Checklist.

    In the event that IOMS is not operational, a Form 21 (Discharge Order) is to be manually prepared. A copy of the Form 21 must be filed on the offender file and attached to IOMS when the system is restored.

    8.0 Incident Management (Unlawful Detention or Discharge In Error)

    When a possible incidentis identified, the Sentence Management Officer at the correctional centre must immediately notify theAssistant Manager, Sentence Administration and ensure that all relevant sentencing documents and warrants have been attached to IOMS.

    If the Assistant Manager, Sentence Administration confirms that the prisoner may be unlawfully held or may have been discharged in error they must immediately notify the Assistant Manager, Sentence Management and Manager, Sentence Administration of the incident through telephone contact and urgently email the General Manager, Sentence Management Services, Regional Manager, Sentence Management, Manager, Sentence Administration and Assistant Manager, Sentence Management a detailed chronology of the prisoner's sentencing details. The chronology must include:

    1. prisoner name;
    2. prisoner IOMS number;
    3. prisoner ethnicity;
    4. date of sentence;
    5. offences (including domestic violence orders);
    6. length of sentence imposed;
    7. parole release/eligibility date; and
    8. full time discharge date.

    Where relevant, any errors that have contributed to the incident must also be included in the email. For example, whether the error was due to an incorrect release or full time discharge date being calculated or that the prisoner was returned out of business hours and unlawfully admitted by reception officers.

    The Assistant Manager, Sentence Management is responsible for notifying the centre General Manager of the possible incident of unlawful detention or discharge in error, and that the prisoner is not to be released/discharged, or a warrant (Form 22) is not to be issued, until further advice is provided by the Regional Manager, Sentence Management or Manager, Sentence Administration.

    The Assistant Manager, Sentence Management is also responsible for liaising with relevant centre staff to prepare for the prisoner's possible release/discharge e.g., trust accounts and travel arrangements.

    The Manager, Sentence Administration is responsible for briefing the General Manager, Sentence Management Services and Executive Director, Specialist Operations and seeking their approval to release/discharge the prisoner or make arrangements for the prisoner to be returned to QCS custody.

    The General Manager, Sentence Management Services or Executive Director, Specialist Operations may require the Manager, Sentence Administration to seek legal advice from the Legal & Conduct Unit, DCS in relation to the incident prior to approving the prisoner's release/discharge or return to QCS custody.

    If a warrant is issued, it must be registered on IOMS (Breaches, Incidents and Contraventions/Arrest Warrants and Summons) and authorised by the General Manager, Sentence Management Services or Executive Director, Specialist Operations, where possible. The warrant may be authorised by the centre General Manager or General Manager, Operational Service Delivery, where required. Refer procedure Warrant Management; IOMS Learning Materials (Arrest Warrants and Summons).

    Before a warrant is issued the Assistant Manager, Sentence Administration must ensure that QCS holds a VJR to lawfully detain the prisoner on their return to custody. The Assistant Manager, Sentence Administration is responsible for tracking the status of the warrant QPS e.g., date that the prisoner had been remanded to appear in court.

    The approved warrant must be faxed to the Police Information Centre (PIC):

    - between 8:00am and 4:00pm - 3364 6404; and

    - between 4:00pm and 8:00am - 3236 1694.

    The original warrant with a notation that the warrant has previously been faxed, must then be mailed to:

    Officer in Charge
    Police Information Centre
    Queensland Police Service
    GPO Box 1440
    BRISBANE QLD 4001

    The Assistant Manager, Sentence Management and Assistant Manager, Sentence Administration must undertake an operational debrief with the relevant Sentence Management Officers in relation to the incident and complete an IOMS incident report that includes any local or state-wide remedial actions (including other agency referrals or amendments to the sentence calculation and administration procedure and manual) identified in the operational debrief, within 12 hours of the incident. Operational Debriefing.

    The Manager, Sentence Administration is responsible for endorsing the IOMS incident report and notifying the General Manager, Sentence Management Services when the incident report has been endorsed. The General Manager, Sentence Management Services is responsible for approving the IOMS incident report.

    Any relevant local or state-wide remedial actions are to be urgently communicated to Sentence Management Officers and, amendments made to the Sentence Calculation and Administration Procedure and Sentence Calculation and Administration Manual as soon as possible, if applicable.

    The Manager, Sentence Administration is responsible for reporting the number and detail of incidents; and the status of local and state-wide remedial actions to the General Manager, Sentence Management Services on a quarterly basis.

    Endorsed by:

    Mark Rallings

    Executive Director, Specialist Operations

    Approved by:





    Marlene Morison
    Commissioner





    Version History

    13/06/2013 Version 04 - 28/11/2012 Version 03 - 04/05/2011 Version 02 -17/05/2010 Version 01 - 08/10/2003