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Procedure Properties

Title: Youthful Prisoners
Category: Offender Management
Version: 01
Implement Date: 9 September 2010
Application: Custodial Operations
Availability: Public

Authority

Appendices and Forms

Procedures

Local Procedures

Ownership: Custodial Operations

Procedure - Youthful Prisoners


Purpose
1.Process
2.Admission of a Youthful Prisoner
3.Identification and Assessment
3.1Youthful prisoner with a special need
4.Reception of a Youthful Prisoner
5.Youthful Prisoner Assessed as Unsuitable for Adult Prisoner Accommodation
6.Ongoing Management of Youthful Prisoner
7.When a Youthful Prisoner Turns 18 Years of Age

Purpose

To provide guidelines for the assessment and management of youthful prisoners, excluding Brisbane Correctional Centre which has a youthful prisoners accommodation unit.

For Brisbane Correctional Centre, refer local procedure - Brisbane - Youthful Prisoners.

1. Process

Youthful prisoners are those aged under 18 years at the time of initial admission. The objective is to ensure that all youthful prisoners are safely accommodated with the appropriate level of duty of care to the prisoner.

If an officer reasonably suspects harm (under the Child Protection Act 1999 Part 3, Section 9, Division 1 this means any detrimental effect of a significant nature on the child's physical, psychological or emotional well being) to a 17 year old prisoner, a notification to the Department of Child Safety may be required, refer procedure - Child Safety, section 4.

2. Admission of a Youthful Prisoner

Upon initial admission youthful prisoners are to be prioritised for assessment and provision of required supports - through the immediate risk needs assessment (IRNA) process, whereby standard assessment information is collected, refer procedure - Assessment.

There is to be consideration of appropriate placement within the facility, with particular regard to the preferred priority to integrate the youthful prisoner into the general prisoner population. Where possible youthful prisoners are to be accomodated with family or friends who are deemed to be a pro-social influence upon the youthful prisoner. This is particularly critical in the case of those youthful prisoners who identify as indigenous Australian and there should be recognition of the importance that kinship and cultural support represents.

Any potential risks to the youthful prisoner if placed in adult prisoner accommodation need to be identified and considered. This includes any associations and particular vulnerabilities that the prisoner may have (eg. sexual assault history, self harm or harm to others histiory, mental health issues etc).

All youthful prisoners will be managed on an individual risk / needs basis. The welfare of youthful prisoners will be prioritised by all staff involved in the reception process with additional personal safety information being provided before placement in general prisoner accommodation. Personal information to be considered may include -

  1. any previous juvenile detention (the General Manager must nominate a staff member to be responsible for gathering relevant juvenuile information. Refer procedure - Disclosure of Confidential Information);
  2. attitude towards incarceration;
  3. attitude towards offending;
  4. knowledge of prison routines / activities;
  5. family / friends incarcerated in the prison (potential positive and negative impact of relationship should be considered).

The assessment process to determine initial placement will involve a multi-disciplinary assessment team with advice provided to the General Manager or nominee (Assistant General Manager or duty manager). The assessment team meeting will include -

  1. senior adviser, sentence management;
  2. custodial supervisor;
  3. a psychologist and / or counsellor (a cultural counsellor where appropriate); and
  4. accommodation manager.

The assessment team meeting must consider all assessment team members recommendations. Where agreement is not able to be reached the most conservative approach should be endorsed by the General Manager or nominee.

The outcome of the assessment team meeting is to be recorded as a case note on IOMS and considered within the prisoners ongoing offender management plan review (OMPR) process.

3. Identification and Assessment

To ensure reception and induction processes incorporate the immediate support of youthful prisoners from the point of reception into the facility that is consistent with their personal circumstances, risk, need and special needs status, the following applies -

  1. the initial assessment 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 segregated on a Form 5 - Safety Order with the assessment process to be completed by close of business on the next business day;
  2. where possible, youthful prisoners approved for placement within a corrective services facility should be accommodated with support (with family or a friend if required);
  3. a youthful prisoner must not be placed in a secure cell or residential unit with a known violent / predatory / sexual offender.

Youthful prisoners must not be placed in an accommodation unit with adult prisoners until approval has been granted by the General Manager or nominee.

Youthful prisoners are a high risk self harm / suicide group and should be placed in new style accommodation cells where available unless an over riding operational reason prevents this from occurring.

3.1 Youthful prisoner with a special need

Where a staff member considers that a youthful prisoner may be vulnerable (eg. 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 are to include -

  1. accommodation manager;
  2. nursing unit manager or nominee;
  3. senior psychologist or nominee;
  4. a cultural counselor where appropriate.

The case conference must assess the individual risk and need of the youthful prisoner and determine if an intensive management plan (IMP) needs to be developed that incorporates strategies to address the specific needs of the prisoner. Refer procedure - Intensvie Management Plans.

4. Reception of a Youthful Prisoner

Upon the reception of a youthful prisoner immediate notification to the accommodation manager and senior psychologist is to occur. This should occur through the review and preparation of an incoming transfers to the prison list. The following applies -

  1. youthful prisoners will be prioritised for processing through the reception store and through subsequent steps of the prisoner reception process in a timely manner;
  2. administrative form Youthful Prisoner - Application for General Prisoner Accommodation must be raised by the assessing officer. The assessing officer will complete the Personal/Social Development Functioning section of the application;
  3. where the youthful prisoner identifies as being an indigenous Australian a cultural counsellor will complete the Cultural Requirments section of the application;
  4. the senior adviser, setence management will complete the Institutional History section;
  5. the relevant custodial supervisor (residential or secure) is responsible for completion of the Institutional Behaviour section;
  6. the application must be provided to an accommodation manager for endorsement with a specific placement recommendation to be made. The accommodation manager must then provide the application to the General Manager or nominee;
  7. the 'Youthful Offender' warning indicator is to be activated in IOMS prior to placement in adult prisoner accommodation, refer IOMS > File Contents > Offender Details > Warnings and Flags > select Activate 'Youthful Offender';

The application must be completed and authorised by the General Manager or nominee prior to the youthful prisoner being placed in the adult prisoner population. This must be completed as a matter of priority prior to the close of business day to avoid segregation of youthful prisoners where possible. The completed application is to be placed on the prisoners Offender File. A copy of the application should also be electronically attached to the prisoners IOMS offender file.

5. Youthful Prisoner Assessed as Unsuitable for Adult Prisoner Accommodation

Where a youthful prisoner is assessed as unsuitable for placement within the adult prisoner population then the prisoner must be alternatively managed in the short term under a Form 5 - Safety Order. As soon as operationally possible, an IMP must be developed by a multidisciplinary assessment team that is designed to support and assist the prisoners progression and adjustment into adult prisoners accommodation, refer procedure Intensive Management Plans.

The IMP is required to mitigate the risk of a youthful prisoner being integrated into adult prisoner accommodation.

Alternatively, the General Manager or nominee may seek application for the youthful prisoner to be transferred to an alternative Youth Detention facility or an alternative adult facility where specialised / identified youthful prisoner accommodation is available. Prisoners that are not be integrated into adult prisoner accommodation may not require the development of an IMP.

6. Ongoing Management of Youthful Prisoner

Unless a specific issue has been identified that necessitates restrictions (eg. a youthful prisoner with a history of predatory behaviour), all movement and escorts will be in accordance with centre adult prisoner movement and escorts.

OMPR's and case management factors must consider the youthful prisoner status. The following also applies -

  1. offender development - normal assessments for sentence management and program interventions will apply;
  2. cultural activities - adult prisoner participation opportunities and appropriate immersion where a youthful prisoner identifies as an indigenous Australian;
  3. sporting activities - adult prisoner participation opportunities will apply;
  4. incident management - in the event of an incident involving a youthful prisoner additional interventions (eg. review of accommodation, supportive counselling, daily behavioural and/or event based observation reports) will be made available as required;
  5. visits - adult prisoner visitation processes applies;
  6. buy-ups / STPs - buy-ups / STPs apply with the exception of a prohibition on the purchase of tobacco;
  7. access to legal, cultural, religious, medical, and transitional supports will apply as per centre adult prisoner access;
  8. at risk management will be in accordance with procedure At-Risk Management (Self Harm / Suicide).

7. When a Youthful Prisoner Turns 18 Years of Age

When a youthful prisoner turns 18 years of age, the youthful prisoner warning indicator is to be deactivated in IOMS, refer IOMS > File Contents > Offender Details > Warnings and Flags > Deactivate 'Youtful Offender'. The provisions of this procedure will then no longer apply to the prisoner.

Where a prisoner who has turned 18 requires ongoing case management / supervision strategies an IMP should be maintained until the prisoner has been assessed as having sufficiently transitioned into adult custody.





KELVIN ANDERSON
Commissioner





Version History

09/10/2010 Version 01