Title: Youthful Prisoners
Category: Custodial Operations - Standard Operating Procedures
Implement Date: 01 May 2013
Application: Custodial Operations
Appendices and Forms
Associated Custodial Operations Standard Operating Procedures
Ownership: Statewide Operations
|2.||Admission and Assessment|
|3.||Alternative Accommodation for Youthful Prisoners|
|3.1||Consideration for adult accommodation|
|5.||Management of Youthful Prisoners|
|5.2||Movement of a youthful prisoner not accommodated with adults|
|5.3||Movement of a youthful prisoner accommodated with adults|
|6.||Youthful Prisoner with Special Needs|
|8.||When a Youthful Prisoner Placed in a Youthful Prisoners Unit Turns 18 Years of Age|
The management of youthful prisoners (17 year old prisoners) within a corrective services facility has regard to the safe and secure confinement of the prisoner. This 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, standards 1.15 and 6.2
Refer - Healthy Prisons Handbook
Standard Guidelines for Corrections in Australia Standards, standards 1.43
Refer - Standard Guidelines for Corrections in Australia Revised 2004
Corrective Services Act 2006 (CSA), ss18, 263, 265
Corrective Services Regulation2006 (CSR) s.19 (m)
Commission for Children and Young People and Child Guardian Act 2000, ss 17, 18, 86-88, 93
Child Protection Act 1999, Part 3, Section 9 Division 1
Youth Justice Act 1992, ss. 6, 262.
Refer - appendix Process Map - Managing a Youthful Prisoner
The general manager of a corrective services facility must provide for the assessment, placement and management of youthful prisoners.
All staff are required to complete a notification to the Department of Communities, Child Safety and Disability Services if at any time an officer reasonably suspects harm under the Child Protection Act 1999 Part 3, Section 9 Division 1 to a child (this includes 17 year old prisoners). Harm means any detrimental effect of a significant nature on a child's physical, psychological or emotional well being. Refer procedure - Child Safety.
Youthful prisoner - for the purposes of this standard operating procedure means prisoner 17 years of age.
Commission for Children, Young People and the Child Guardian (CCYPCG) - an independent statutory body in Queensland established under the Commission for Children and Young People and Child Guardian Act 2000. It has an oversight role of the child safety and youth justice systems in Queensland and promotes and protects the rights, interests and wellbeing of children and young people.
Community Visits - individuals appointed under Chapter 5 of the Commission for Children and Young People and Child Guardian Act 2000 to visit young people at specific locations. They monitor the well being of these children and young people and receive complaints and advocate on their behalf. Community Visitors are independent from government departments and are employed directly by the CCYPCG. Community Visitors are separate from Official Visitors appointed under the Corrective Services Act 2006.
Youthful prisoners must be prioritised for admission and assessment processes.
A correctional manager and a psychologist must be immediately notified of the reception of a youthful prisoner. This is to occur through the review and preparation of an incoming transfer to the corrective services facility prison list identifying the prisoner as youthful or direct notification from the reception store. The reception process identified within the Admission procedure must be followed in addition to applying the following -
Where available at a corrective services facility, youthful prisoners will be accommodated in a designated youthful prisoners unit, unless the youthful prisoner's placement in the unit is considered an unacceptable risk. In this instance refer to 3. Alternative Accommodation for Youthful Prisoners of this standard operating procedure.
All youthful prisoners will be managed on an individual risk/need basis. The welfare of youthful prisoners will be prioritised by all staff involved in the placement process. The placement process should be completed on the day in which the youthful prisoner is received.
This section applies where alternative accommodation is required for the youthful prisoner and the youthful prisoner requests to be accommodated in an adult unit. The placement process should be completed on the day in which the youthful prisoner is received. Where this is impractical due to the time of reception of the youthful prisoner, the prisoner should be managed with a Form 5 - Safety Order with the placement process to be completed by close of business on the next business day.
The CSA, s18(2) states that a prisoner who is under 18 years must be kept apart from other prisoners who are 18 years or older unless it is in the prisoner's best interests not to be kept apart.
Youthful prisoners must not be placed in an accommodation unit with adult prisoners unless it is in the best interests of the youthful prisoner and approval has been granted by the general manager or deputy general manager.
A youthful prisoner must be assessed for placement in adult accommodation, and an administrative form - Youthful Prisoner - Application for Adult Prisoner Accommodation must be raised. The following applies -
If the youthful prisoner is considered suitable for placement in adult accommodation the placement assessment must involve a multi-disciplinary representation with advice provided to the deputy general manager. The representation must include -
When assessing placement of a youthful prisoner with adult prisoners the following must at a minimum be considered -
In addition to the above consideration must be made to the prisoner's circumstances and may include but is not limited to the following -
Â§ previous juvenile detention
Â§ attitude towards incarceration
Â§ attitude towards offending
Â§ associations and adversaries
Â§ knowledge of prisoner routines/activities
Â§ family/friends incarcerated in the prison (potential positive and negative impact of relationship should be considered)
Â§ community support networks
Â§ community responsibilities
The assessment process is to establish the placement of the youthful prisoner within the facility. The process must consider information and recommendations from all functional areas. The general manager or deputy general manager must make the placement decision.
The outcome of the assessment process is to be recorded as a case note on IOMS and considered within the prisoners ongoing Sentence Management - Decision Making Record (SM-DMR) process.
Where a designated youthful prisoners unit is not available at a corrective services facility and a youthful prisoner is considered initially unsuitable for placement in adult prisoner accommodation, the youthful prisoner must be managed in the short term under a Form 5 - Safety Order.
As soon as operationally possible, an intensive management plan (IMP) must be developed by a multidisciplinary team that is designed to support and assist the prisoner's progression and adjustment into adult prisoner accommodation, refer standard operating procedure - Intensive Management Plans.
The focus of the IMP is to mitigate the risks associated with a youthful prisoner being integrated into adult prisoner accommodation.
The general manager or deputy general manager of the facility may seek application for a youthful prisoner to be transferred to a Youth Detention facility or a corrective services facility with a designated youthful prisoner unit.
Refer standard operating procedure - Induction. The Induction process will be facilitated by a corrective services officer nominated by the general manager of the facility.
Refer procedures - Assessment; Planning; Sentence Calculation and Review. Consideration of the prisoners youthful status should be applied when conducting any of these activities; keeping in mind that youthful prisoner's should not have physical contact with adult prisoners (unless approved to reside in adult accommodation). Any other form of contact should be avoided where possible.
All movements of the youthful prisoners must be escorted. Youthful prisoners must not associate or come into physical contact with prisoners who are 18 years and older, unless approval has been granted by the general manager or the deputy general manager. Any other form of contact should be avoided where possible. Refer Movement Control of Offenders (in-confidence).
Where a youthful prisoner has been approved for placement in the adult prisoner population all movement and escorts will be in accordance with the facility's adult prisoner movement and escorts - unless a specific issue has been identified that necessitates restrictions (eg. a youthful prisoner with a history of predatory behaviour). Refer Movement Control of Offenders (in-confidence).
Youthful prisoners must be case managed in accordance with standard operating procedure Prisoner Management. Prisoners will be managed through a consistent approach and encouraged to -
An incentives based scheme (refer standard operating procedure Prisoner Management) may be instigated to encourage prisoners to participate and undertake the above-mentioned conduct and activities. Any such program should be comprehensively discussed with the prisoner and implementation should involve a counsellor where possible.
Case noting and review is imperative to ensuring a consistent approach to the youthful prisoner's management. Refer standard operating procedure Prisoner Management
Correctional Centres will facilitate regular visits between youthful prisoners and Community Visitors in accordance with current local agreements between the Department of Community Safety (DCS) and CCYPCG.
The CCYPCG will be permitted to meet with the youthful prisoner in accordance with local agreements fostered between DCS and CCYPCG. The CCYPCG is to be engaged where the youthful prisoner agrees to CCYPCG advocacy. The youthful prisoner will need to indicate if they require on-going support/contact with the CCYPCG.
If on-going support is to be undertaken access for CCYPCG and the youthful prisoner is to be facilitated as per the CCYPCG/QCS agreement and in accordance with procedures - Visitors to a facility (excluding personal visits); Prisoner Telephone System; and Mail - Prisoner Mail.
Where a staff member considers that a youthful prisoner may be vulnerable in relation to a mental health condition, cognitive impairment/intellectual disability or physical impairment, a case conference must be organised with the prisoner as soon as possible. The case conference members should include -
The case conference must assess the individual risk and need of the youthful prisoner and determine if an Intensive Management Plan needs to be developed that incorporates strategies to address the specific needs of the prisoner, refer standard operating procedure - Intensive Management Plans
Prior to turning 18, each youthful prisoner will undergo transistion assessment and planning to assist transition to adult prisoner accommodation (refer appendix Transition Assessment). The outcome is to be attached to IOMS.
This will be undertaken by the unit officers where the prisoner is located.
When a youthful prisoner placed in a youthful prisoners unit turns 18 years of age the following applies -
When a youthful prisoner turns 18 years of age, the youthful prisoner warning indicator is to be deactivated in IOMS. The provisions of this standard procedure will then no longer apply to the prisoner.
A case note must be recorded in IOMS detailing the youthful prisoners transition to adult accommodation and where possible handover be undertaken with relevant unit staff and counsellors.
Where a prisoner who has turned 18 requires ongoing case management/supervision strategies (for example prisoner with special needs) an IMP should be maintained until the prisoner has been assessed as having sufficiently transitioned into adult prisoner accommodation and managed as an adult prisoner.
Deputy Commissioner, Statewide Operations
01/05/2013 Version 01