Title: Transfer of Offenders - Probation and Parole
Category: Offender Management
Implement Date: 14 November 2011
Application: Probation and Parole
|2.||Transfer from a corrective services facility to community supervision|
|3.||Transfer between district offices|
|3.1||Actions of sending supervising officer|
|3.2||Actions of receiving supervising officer|
|3.3||Offender failing to report to receiving office as directed|
|4.||Victims Register consultation|
|5.||Parole orders - transfer between district offices|
|6.||DPSOA orders - transfer between district offices|
|7.||Reportable Offenders - community|
|8.||Transferring offender in contravention|
|9.||Indigenous, rural and remote communities|
|10.||Transfer within district office|
|11.||Intensive Correction Order (ICO)|
|12.||Transfer from community supervision to a corrective services facility|
|12.1||Upon admission to a corrective services facility|
|13.||Interstate and Overseas Transfers - Probation and Parole|
To provide for the transfer of an offender from one location to another location.
When transferring within the correctional system, information regarding the transfer of responsibility for the management of an offender from one location to another must occur in a timely manner.
The location must-
Refer procedures - Offender Photographs; Offender File Management (in-confidence); appendices - Offender File Content (in-confidence); File Model (in-confidence).
The receiving location must ensure the IOMS file is updated showing the admission of the offender and the IOMS RecFind database is updated showing the file has been received.
When an offender transfers from a corrective services facility to community supervision, the sending location will-
Refer procedures -Transitions; Property of Offenders; Child Protection - Reportable Offenders; Payments to Prisoners on Discharge; Prisoner Monies; Dangerous Prisoners (Sexual Offenders) Act Orders (in-confidence); administrative forms - Acknowledgement Sheet; Application for Issue of Travel Voucher (in-confidence)
When the Transfer Summary is finalised, relevant non-electronic documentation must be placed on the offender file for transfer to the relevant district office.
The supervising officer at the sending location, the offender and the supervising officer at the receiving location should discuss the effect on offending behaviour that the proposed transfer may present. Reporting arrangements must be made prior to the actual change of residence.
Issues for discussion may include-
These issues are particularly important in relation to potential transfers to isolated communities due to the difficulties in providing supervision.
The supervising officer at the sending location must-
The district manager or supervisor or nominee must ensure both the IOMS file and the offender file meet the required transfer standards.
The supervising officer at the receiving location must-
Any dispute between the sending officer and the receiving officer must be resolved between the respective district managers within five working days. If the dispute is unable to be resolved, the matter must be referred to the respective regional managers.
If an offender fails to report as arranged, the receiving office should notify the sending office on the day of the failure to report but must notify the sending office within two working days.
The offender must remain on the caseload of the sending supervising officer who is responsible for initiating action in relation to the failure to report. The receiving officer, upon request of the sending officer, must assist in any attempt to renew contact with the offender and, if applicable, return the offender file to the sending officer.
When an offender notifies of a change of residence, the supervising officer may be required to contact the Victims Register (VR) so that the impact of a change of residence on the victim/s can be assessed. Prior to approving transfer of an offender sentenced under the Dangerous Prisoners (Sexual Offenders) Act 2003, or subject to a Parole Order, Prison/Probation Order, Intensive Correction Order for a serious or violent offence including armed robbery, dangerous driving causing death or Grievous Bodily Harm, manslaughter or any sex offence. Consultation should occur with the Victims Register via administrative form - Victims Register Enquiry (in-confidence). A contact summary is to be entered into IOMS stating the Victims Register was consulted. Results of the consultation must not be recorded in IOMS or other report.
A requirement of parole orders is that the offender must "notify a probation and parole officer within 48 hours of any change of address". An offender should be encouraged at induction to discuss, prior to any move, any planned change of residence, particularly when it involves a change of supervising office. A supervising officer may only direct residential requirements if specified as a condition of the order. Transfer of supervision arrangements must be made by the supervising officer at the sending location when an offender changes residence to an area supervised by another district office.
Assessment and case management verification must be completed as soon as practical prior to offender transfer to a new district office.
If possible, transferring offenders are to report within five working days of their transfer to a new district office. The offender must be assigned to a supervising officer within five working days of reporting to the receiving district office.
Refer procedure - Offender File Management (in-confidence)
A requirement of supervision orders is that the offender must reside in suitable accommodation, approved by a corrective services officer. An offender should be encouraged at induction to discuss, prior to any move, any nominated addresses.
When an offender provides an alternate address, the supervising officer should provide this address to HROMU who will liaise with the relevant district office in relation to conducting a home assessment. If the address is considered suitable, HROMU will contact the supervising office to make arrangements for the change of accommodation.
Transfer of supervision arrangements must be made by the Supervisor/District Manager at the sending location when an offender changes residence to an area supervised by another district office. A full handover to the district office and particularly the new supervising officer should take place prior to transfer.
If the offender is subject to electronic monitoring, liaise with the Electronic Monitoring Unit coordinator in relation to transfer of the electronic monitoring unit to the new residence.
Refer procedure - Dangerous Prisoners (Sexual Offenders) Act Orders; Electronic Monitoring and curfew conditions - DPSOA Offenders; administrative form - Accommodation Suitability Assessment Report for Offenders Subject to a Supervision Order.
Refer CPORA and procedure - Child Protection - Reportable Offenders
Not all reportable offenders have a condition to seek permission of QCS to relocate. For reportable offenders that do not have such a condition the receiving office must ensure the risks apparent from the offender's new location are assessed and mitigated to be as low as reasonably possible.
At a minimum, checks are to be conducted to assess: access to potential victims access to offending associates.
The receiving office is to confirm the reportable offender has relocated and then:
For a reportable offender subject to order conditions requiring the authorisation of QCS to change residential location or an offender subject to a DPSOA supervision order, the district manager must request a home assessment from the office in the area the offender wishes to transfer to. For a reportable offender subject to a DPSOA supervision order, the supervisor/district manager must liaise with HROMU to organise a home assessment to be conducted at the nominated address. A change of residence is permitted only on receipt of an approved positive home assessment for the proposed residence and if suitable arrangements have been made for the ongoing reporting requirement to police. The transfer must be negotiated in advance with the receiving office.
In all instances for a reportable offender and an offender subject to a “DPSOA” supervision order, the receiving officer must conduct a physical check to confirm the change of address.
The district manager must then provide details of the new address to the Officer in Charge of the Police Station to which the offender is required to report. Additionally in all instances that a reportable offender has changed residence the Child Protection Offender Register (CPOR) must be advised as soon as practicable using administrative form - Notice to CPOR of Particular Event under CPORA.
Refer procedure - administrative form - Home Assessment Report
Once the change of address or employment has been confirmed, the details of the new address or employment must be provided to the officer in charge of the police station to which the offender is required to report.
Refer procedure - Contravention - Probation and Parole
The supervising officer and the district or supervisor at the sending location must ensure that the general requirements and any additional requirements of the order have, or are being, attended to.
If an offender is in contravention of a requirement of the order at the time of seeking a transfer, the supervising officer must submit a recommendation to the district manager or supervisor for a decision about the contravention prior to the transfer being affected.
The district manager or supervisor of the sending office must ensure that-
If the offender has outstanding court matters but is not yet technically in contravention of the order, a court report detailing the offender's response to supervision to date must be completed.
If an offender on a fine option order seeking transfer has been issued with a Form 23A - Notice from Supervisor Re: Contravention of a Requirement of a Fine Option Order (in-confidence), a transfer should not occur until and unless the offender provides a reasonable explanation for failing to perform community service. Details of the offender's reasonable explanation should be recorded on the IOMS file. If no reasonable explanation is provided and a decision to breach is made the transfer must not occur.
An officer who becomes aware, when visiting an Indigenous or other isolated community, that an offender has transferred there, or has failed to report as arranged, must advise the sending district office within two working days of returning to his/her district office of the offender's circumstances.
In order to ensure continuity of supervision, reassignment of an offender to another supervisor in the same office should be treated as a formal transfer.
If there are matters identified regarding the offender, which require immediate attention, a briefing session should be undertaken involving the relinquishing officer, the new officer and the district manager. This is particularly important for all offenders who are assessed as a high risk, are intensively managed or whose risk appears to be escalating. The district manager should ensure that issues requiring immediate action are dealt with, either by the new officer or by a more experienced officer, if appropriate. If practicable, offenders should be given personal notification or advice by letter or phone in advance of their next interview that their supervising officer has been changed.
If an offender subject to an Intensive Correction Order (ICO) is directed to reside at a community residential facility, the district manager must ensure that arrangements are in place to enable the offender to be accommodated in such a facility.
Refer appendix - Surveillance - Intensive Correction Order (in-confidence)
An offender may be transferred from community supervision to a corrective services facility for a number of reasons including-
Refer procedures - Incident Reporting; Parole Orders and Resettlement Leave Program; Dangerous Prisoners (Sexual Offenders) Act Orders (in-confidence); Warrants; Compliance Management - Community Supervision (in-confidence)
When an offender transfers from community supervision to a custodial facility the offender will be assessed according to procedure - Assessment.
The file must be received by the receiving facility within one working day of the offender transferring. The receiving facility may request the file, if the file-
14/11/2011 Version 01 - 01/11/2010 Version 14 - 03/10/2010 Version 13 - 14/09/2010 Version 12 - 01/12/2009 Version 11 - 19/08/2009 Version 10 - 23/12/2008 Version 09 - 10/11/2008 Version 08 - 11/09/2007 Version 07 - 20/04/2007 Version 06 - 28/08/2006 Version 05 - 29/09/2005 Version 04 [Offender Transfer] - 15/08/2005 Version 03 - 10/02/2004 Version 02 [Prisoner Transfer] - 09/12/2002 Version 01 - 01/07/2001 Version 00