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Procedure Properties

Title: Transfer of Offenders - Probation and Parole
Category: Offender Management
Version: 01
Implement Date: 14 November 2011
Application: Probation and Parole
Availability: Public

Authority

Appendices

Forms

Procedures

Policies

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

Performance Measures

  • Nil

Procedure - Transfer of Offenders - Probation and Parole


Purpose
1.General
2.Transfer from a corrective services facility to community supervision
3.Transfer between district offices
3.1Actions of sending supervising officer
3.2Actions of receiving supervising officer
3.3Offender 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
12.1Upon admission to a corrective services facility
13.Interstate and Overseas Transfers - Probation and Parole

Purpose

To provide for the transfer of an offender from one location to another location.

1. General

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-

  1. ensure the currency of the information in the Integrated Offender Management System (IOMS)
  2. ensure that the IOMS RecFind database is updated;
  3. ensure that the offender photograph on IOMS is current; and
  4. update all offender files (including if applicable, the medical file and psychological assessment file) and send the files to the receiving location within one working day of the transfer.

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.

2. Transfer from a corrective services facility to community supervision

When an offender transfers from a corrective services facility to community supervision, the sending location will-

  1. complete the Transfer Summary in IOMS. All relevant documents will be finalised, including Immediate Risk Needs Assessment (IRNA), Security Classification and Placement Assessment, Placement Needs Assessment, Planning Needs Assessment, Offender Risk Needs Inventory - Revised (ORNI-R), Offender Management Plan (OMP), Offender Management Plan Review (OMPR) and program reports if applicable. Refer administrative form - Offender Risk Needs Inventory - Revised (ORNI-R);
  2. record the type of order under which the offender will be supervised in the community, in IOMS; in the case of a Court ordered parole or a DPSOA supervision order, input details and create the parole/supervision order;
  3. explain the conditions of the order to the offender;
  4. ensure the offender signs the acknowledgement sheet, acknowledging his/her understanding of the conditions of his/her order;
  5. provide the offender with a copy of the order;
  6. check property, trust accounts and valuables against the offender's property record and ensure the offender acknowledges receipt by signing the acknowledgement sheet;
  7. balance the offender's electronic trust account and give remaining funds to the offender;
  8. ensure items of property belonging to the corrective services facility and identification cards are returned by the offender;
  9. provide assistance with travel and associated costs if appropriate. Travel arrangements should be determined having regard to the offender's age, health and physical condition or any other special need;
  10. for reportable offenders, ensure that the offender has been made aware of the reporting obligations under the Child Protection (Offender Reporting) Act 2004 (CPORA) and advise the Child Protection Offender Registry (Queensland Police Service) of the offender's impending discharge.

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.

3. Transfer between district offices

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-

  1. availability of family support;
  2. availability of stable employment;
  3. return to normal place of residence;
  4. availability of programs or community service;
  5. victim issues; and
  6. prospective community attitude.

These issues are particularly important in relation to potential transfers to isolated communities due to the difficulties in providing supervision.

3.1 Actions of sending supervising officer

The supervising officer at the sending location must-

  1. contact the receiving office and make an appointment for the offender to report at an agreed date and time;
  2. issue the offender with a reporting slip;
  3. advise other officers (dual orders) involved in supervision of the transfer;
  4. ensure the offender and IOMS files are up to date;
  5. for an offender on a community service or fine option order - notify the community service project supervisor, obtain the current signature card from the community service project and attach it to the offender file;
  6. submit the offender and IOMS file to the district manager or supervisor;
  7. once the offender has reported to the receiving office, move the offender's IOMS file out, dating the movement as the date the offender first reported to the receiving office; and
  8. record the transfer of the offender file in the RecFind database and forward the offender file to the new location.

The district manager or supervisor or nominee must ensure both the IOMS file and the offender file meet the required transfer standards.

3.2 Actions of receiving supervising officer

The supervising officer at the receiving location must-

  1. advise the sending office whether or not the offender has reported as directed within two working days; and
  2. when the offender has reported - record the transfer on IOMS within two working days regardless of any outstanding matters; and
  3. when the offender file is received - record this in RecFind database.

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.

3.3 Offender failing to report to receiving office as directed

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.

4. Victims Register consultation

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.

5. Parole orders - transfer between district offices

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)

6. DPSOA orders - transfer between district offices

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.

7. Reportable Offenders - community

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:

  • provide details of the new address to the officer in charge of the Police Station to which the offender is required to report
  • advise the child protection offender register (CPOR) as soon as practicable using administrative form - Notice to CPOR of Particular Event under CPORA.

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.

8. Transferring offender in contravention

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-

  1. the supervising officer progresses the contravention action as far as possible, including completion of documentation, prior to transferring an offender; and
  2. the transfer documentation clearly indicates that there is contravention action in progress.

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.

9. Indigenous, rural and remote communities

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.

10. Transfer within district office

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.

11. Intensive Correction Order (ICO)

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)

12. Transfer from community supervision to a corrective services facility

An offender may be transferred from community supervision to a corrective services facility for a number of reasons including-

  1. parole suspension or cancellation;
  2. being remanded in custody; or
  3. sentenced to new offences or sentence activated (ICO/IDRO/Suspended sentence).

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)

12.1 Upon admission to a corrective services facility

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-

  1. has not arrived within the specified time; or
  2. is required urgently.

13. Interstate and Overseas Transfers - Probation and Parole

Refer procedures - Temporary Travel Interstate/Overseas - All Orders and Transfer - Interstate transfer of parole and Transfer Interstate/Overseas - Community Based Orders.





Peter Bottomley
Acting Commissioner





Version History

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