M.07.01 Segregation directions
- When the general manager custodial is considering an application for segregation, they must decide and justify based on the facts, which section / subsection the prisoner is to be segregated under. For example, where there is a risk that a prisoner will assault or has assaulted a particular prisoner; it may be appropriate to use [section 58(1)(b) of the Corrections Act 2004 (the safety of another person)] as opposed to [section 58(1)(a) of the Corrections Act 2004] (the security or good order of the prison)], depending on the risks the prisoner poses to other prisoners, staff, other people or property.
- The prisoner must not automatically be restricted or denied association with other prisoners; it must clearly state the reason(s) for directing either of the association status *(restricted / denied) and how the selected association status mitigates the risk(s) the prisoner presents.
- Segregation directions must be evidence-based.
| Section of Corrections Act 2004 | The general manager custodial may restrict or deny* association of a prisoner with other prisoners if: |
| 58(1)(a) | In his / her opinion, the security or good order of the prison would otherwise be endangered or prejudiced |
| 58(1)(b) | In his / her opinion, the safety of another prisoner or person would otherwise be endangered. |
| 59(1)(a) | The prisoner requests that his or her opportunity to associate be restricted or denied and the prison director considers, having regard to any information supplied by the prisoner or otherwise available to the general manager custodial, that it is in the best interests of the prisoner to give that direction; (See POM [M.01.05 Voluntary protective custody (Voluntary Segregation)]) |
| 59(1)(b) | He / she is satisfied that the safety of the prisoner has been put at risk by another person and there is no reasonable way to ensure the safety of the prisoner otherwise than by giving the direction. |
| 60(1)(a) or 60(1)(b) | The health centre manager of the prison recommends the segregation in order to assess or ensure the prisoner’s physical health excluding risk of self-harm and/or in order to assess or ensure the prisoner’s mental health. |
| 61CA |
Where the general manager custodial considers the prisoner to be at-risk, requiring the placement of the prisoner in appropriate accommodation, under observation and management to protect the prisoner from self-harm.
At-risk prisoners who are accommodated in the Intervention Support Unit (ISU) are able to associate with other prisoners in the unit under the unit’s routines, and not require segregation where they are able to associate with other prisoners in the unit. If the general manager custodial considers that an at-risk prisoner should be denied or restricted from associating with other prisoners for their safety then they may only do so if the health centre manager recommends it is desirable to address the prisoner’s risk of self-harm. Any restrictions on association with others must be detailed in the at-risk management plan of the prisoner, clearly stating the reasons for restriction and the specific conditions of the prisoner’s management. |
*Restricted association: Can have limited “contact” with other prisoners (usually with prisoners also under segregation direction).
Denied association: Does not have “contact” with any other prisoner(s).
M.07.01.01 Evidence for segregation directions
Copies of the evidence used to request the direction must be attached to the application.
| Section of Corrections Act 2004 | Evidence |
|---|---|
| 58(1)(a) & (b) | Incident reports, Intelligence reports, misconduct(s), where the prisoner has been found guilty, and/or outstanding charges under any other Act as a consequence of the prisoner's behaviour in prison, file notes and any other information considered relevant. |
| 59(1)(a) | See POM M.01.05 Voluntary protective custody (Voluntary Segregation) and [M.07.02.Res.02 Facilities for segregated prisoners]. |
| 59(1)(b) | Incident reports, Intelligence reports, file notes and any other information considered relevant such as: type of offence, for example sexual offending against children, prisoner’s occupation prior to the offending e.g.: police officer. |
| 60(1)(a), 60(1)(b) or 61CA | A health centre manager’s report. |
M.07.01.02 Initial Segregation applications
 | Segregation directions are prison specific and prison directors are responsible for approving initial directions, seeking continuation of directions and revoking directions for their prison. |
| Section of Corrections Act 2004 | Documents for: | Sent to | When |
|---|---|---|---|
| Initial direction sections 58, 59(1)(b) & 60 | [M.07.Form.01 Application for an initial direction to segregate prisoner] Must contain information regarding what other strategies, besides segregation, were considered to mitigate and manage the identified risk(s), for example; state the reason(s) why a transfer would not be sufficient to mitigate/manage the risk(s). [M.07.Form.04 Management plan for prisoner on segregation] [M.07.02.Res.01 Staff instructions to manage segregated prisoner] To convey to all staff the particular risks, unresolved issues, supervision details and movements of the segregated prisoner. Copies or electronic links of evidence (incidents reports, offender notes, etc.) Note: Section 60 directions: Health staff are responsible for application, management plan and staff instructions. | General Manager Custodial | ASAP, general manager custodial (may give oral approval) must signed direction and a copy of all documents must be given to the prisoner within one working day of the direction. |
| Initial direction 61CA | [M.05.03.Form.02 – At Risk Management Plan] Must contain the reason and details relating to the denial or restriction on the opportunity for the prisoner to associate as recommended by the health centre manager. | General Manager Custodial | ASAP following initial confirmation of at-risk assessment, general manager custodial (may give oral approval) must sign the direction. A copy of all documents must be given to the prisoner within one working day of the direction. |
| A summary of all initial directions sections 58(1)(a & b), and 59(1)(b), and 60(2), and 61CA (3)(b) | Electronic copy of approved [M.05.03.Form.02 At risk management plan]. Electronic copy of approved [M.07.Form.01 Application for an initial direction to segregate prisoner]. Electronic copy of approved [M.07.Form.04 Management plan for prisoner on segregation]. Copies or electronic links (COBRA) of evidence (incidents reports, offender notes, etc. |
Director Office of Commissioner Custodial Services | The day the general manager custodial “approves” (signs the application) the direction. |
| [M.07.Form.03 Director Office of Commissioner Custodial decision to revoke initial direction to segregate prisoner] | General Manager Custodial | Immediately if revoked. |