M.04.02 Use of restraints for escorts / transfers

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The purpose of this section is to manage the transportation of prisoners so they do not suffer unnecessary discomfort and are safely, humanely and securely moved, escorted or transferred while minimising risk to prisoners, staff and the general public.

M.04.02.01 Use of mechanical restraints

  1. A mechanical restraint must not be used for more than 24 hours at a time unless:-
    1. authorised by the general manager custodial (or their delegate) and
    2. in the opinion of a medical officer is to protect the prisoner from self-harm, or
    3. in the case of a prisoner who has been temporarily removed to a hospital for treatment.
  2. The use of restraints during temporary removals is determined by:
    1. IOMS risk assessment, and
    2. Prisoner circumstances, including escort purpose
    3. Consideration of the type of vehicle being used to transport
      1. Non-single / individual cell vehicle, i.e. any vehicle where prisoners may have access to each other or staff.

      2. Prisoner escort Vehicle (PEV) single / individual cell.

        Watch Point

        During transit, any prisoner who is transported in a single / individual cell vehicle must not have their handcuffs attached to the waist restraint.


        The handcuffs may only be attached to the waist restraint while the prisoner is being moved to or from the vehicle.

  3. Prisoners travelling in a single-cell vehicle and with a security classification of:
    1. minimum or low are not to be placed in any mechanical restraint
    2. low-medium, high or maximum must be handcuffed throughout the entire escort unless the instructions state otherwise.

    Watch Point

    Mechanical restraints will not be used on wāhine / women on escort who are 30+ weeks pregnant, are in labour, or remain in hospital with their pēpi / baby after giving birth.


    This must be recorded under the Restraint Instructions section of the Escort Instructions.


    (Refer POM [M.03.02 Pregnant women in prison])

  4. If mechanical restraints are required, the instructions must state:
    1. the type of restraints to be used *
    2. when and where the restraints must be applied
    3. any situation where restraints may be removed
    4. prior to any escort departing a secure point, the officer in charge of the escort (OIC) is to check that the application of the handcuffs to the prisoner has been performed correctly, including where required, that the correct size of handcuff insert has been used.
      collaboration

      If the escort risk assessment deems that due to the risk posed by the prisoner, a higher degree of restraint is necessary, then waist restraints in conjunction with handcuffs may be considered for any escort (or part of an escort) and must have the approval of the general manager custodial (or their delegate) entered as part of the escort instructions.


      Watch Point

      *For external movements / escorts of prisoners where handcuffs are specified for use without a waist restraint - high security handcuffs (with the correct size of insert as required) must be used.

Refer:

[M.04.02.Res.01 Escorts / Transfers - health referral]

[M.04.02 Res.02 Waist restraints]

[M.04.02.Res.03 Exceptions to using waist restraints]

M.04.02.02 Removal of mechanical restraints during escort

Use of restraints is considered case by case for every escort. If assessed as necessary, restraint use is clearly stated in the escort instructions that are to be approved by the general manager custodial (or their delegate).

There will be situations where escorts (e.g. health appointments) may require the temporary (or ongoing) removal of the restraint to allow treatment to be provided. If the restraint cannot be managed during treatment or interferes with treatment being provided, the health professional treating the prisoner
during the escort can request that escort staff remove restraints.

Restraint removal - escort staff responsibilities

  1. If situations allowing restraint removal is not specified on the escort instructions an escort officer is to contact the prison to seek approval from the general manager custodial (or their delegate) for the temporary removal of the restraints.
  2. The general manager custodial (or their delegate) will discuss the situation, requirements, and additional mitigations to be taken by staff, where approval is given to temporarily remove restraints to allow treatment.
  3. Following approval given to remove restraints during an escort, the following must be noted by escort staff on the escort instructions:
    1. the situation / procedure that required the temporary removal of the restraint
    2. who was contacted for approval to remove the restraint (i.e. general manager custodial or name of delegate)
    3. whether approval was given to temporarily remove the restraint
    4. actions taken to minimise the risk the removal of the restraint presents
    5. the time restraints were removed
    6. the time restraints were re-applied.
  4. If it is known prior to the escort that there may be a need for removal of restraints for a specified purpose or procedure, the identified situation and known risk areas to be addressed by escorting staff can be specified and approved on the escort instructions before departure from the prison. This
    removes the need for additional approval specific to the escort. This is as per [M.04.02.01 Use of Mechanical restraints paragraph 4] and is already approved by the general manager custodial (or their delegate).
Watch Point

Preservation of life is paramount. In emergency situations staff can make an immediate assessment of risk and exercise their judgement regarding restraint removal prior to contacting the general manager custodial. All standard risk mitigations are to be taken by staff and restraints re-applied at the first practicable opportunity.

M.04.02.03 Mechanical restraint considerations for frail, immobile and terminally ill patients on temporary removal

Use of restraints for escorts is considered case by case according to the purpose, situation, prisoner circumstance, risk assessment, identified risks, and any other mitigating circumstances.

Operating procedures already enable staff to identify, through their completed risk assessment and temporary removal application, the appropriate level of restraint use (including no restraint), as well as tailored conditions / instructions for the general manager custodial to consider prior to approving
the escort instructions.

Temporary removals are for a fixed duration, however there are occasions where the prisoner’s health and circumstances may warrant ongoing or long term temporary removals, specifically as part of the prisoners health care pathway or end of life care plan.

Custodial staff mechanical restraint considerations and responsibilities

  1. Where the prisoner is frail, immobile or terminally ill, staff preparing removal applications are to:
    1. seek health advice from corrections health staff regarding the prisoner
    2. seek health input regarding the suitability of restraint use (if it is being considered) or ongoing restraint use and circumstances where restraints would be rendered unnecessary or interfere with treatment
    3. information regarding the management of the prisoner’s health needs to assist with informing ongoing care plan and escort instructions during temporary removal.
  2. This information is to be considered as part of the risk assessment completed for the temporary removal to provide a balanced, compassionate and realistic view of actual risk present where a prisoner is frail, immobile or terminally ill and will assist the general manager custodial's (or their delegate)
    considerations.

General manager custodial (or delegate) mechanical restraint considerations

collaboration

For prisoners who are frail, immobile or terminally ill and subject to long term temporary removals to hospital; or is admitted to hospital due to being terminally ill and unlikely to recover, the general manager custodial (or delegate) will liaise with the Health Centre Manager regularly regarding
the ongoing health management needs in determining the appropriate use (or not) of restraints, escort staff numbers and approval of escort instructions.

  1. In these situations, the general manager custodial must ensure there is timely and regular consultation, with health and the multidisciplinary team, and consideration of all pertinent information to enable balanced decisions regarding whether:
    1. the extent of supervision and if necessary, the level of mechanical restraint required.
    2. restraint removal will pose an undue risk to the safety of the community
    3. the removal of mechanical restraints is in line with provision of compassionate care and humane treatment of the prisoner and consideration of family/ whānau.
  2. The general manager custodial can also consider the following areas relating to a terminally ill prisoner:
    1. eligibility and suitability for compassionate release
    2. eligibility and suitability for temporary release.
  3. All related areas that contribute to determining the eligibility and suitability of a prisoner are to also be reviewed by the general manager custodial to ensure all possible barriers are identified and considered.
    For example: review of last security classification may include the following considerations:
    • was an override applied? Should one have been?
    • should there be an event review now?
    • are there any static barriers with any scoring? (for example: removal / deportation order)
    • are these relevant?
    • does the assessment align with the current situation / circumstances?
    • what is the identified risk present?
    • will this impact the persons eligibility for compassionate release or temporary release?
    • can any identified risk (perceived or actual) be successfully managed.