M.07.02 Management of segregated prisoners
The development of the management plan must have as the main focus the particular prisoner’s behaviour which resulted in the general manager custodial approving the direction and what changes the prisoner need to demonstrate in order to return to the general population.
Every prisoner under a direction for segregation must have their at-risk status assessed / reviewed at the commencement of the direction.
M.07.02.01 Management Plan
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The management plan must clearly identify the behaviours that the prisoner needs to modify / demonstrate in order for the direction to be reconsidered. Before the prisoner can return to the general population, the issues / risks that resulted in the direction must be addressed and mitigated. The issues / risks will be particular to the prisoner and may include not just behaviour but communication and perception issues as well. The plan must also show how the prisoner’s minimum entitlements will be maintained and any other activity available within the unit (e.g.; cleaning duties, unit’s mess-man). | |
| Section of Corrections Act 2004 | M.07.Form.04 Management plan for prisoner on segregation has |
| 58(1)(a & b) |
Two purposes; managing the risk(s) posed by the prisoner and facilitate the prisoner’s return to the general population. Not all prisoners present the same level of risk of harming staff and other prisoners, the components of the plan must reflect the risk posed by the prisoner. |
| 59(1)(a & b) | One purpose; managing the risk(s) of the prisoner being harmed by another prisoner(s) or person. |
| 60(1)(a) | As per health centre manager / medical officer instructions. |
The prisoner:
- must be detained, as far as practicable and if is not inconsistent with the purpose(s) of the direction, under the same conditions as if they were not under segregation.
E.g.: If the prisoner, prior to the direction, was available for work and receiving the unemployed allowance then if work is not available during the segregation, they receive the unemployed allowance for the duration of the direction, unless they are serving a penalty of cell confinement.
If staff identifies work activities for the prisoner but he/she refuses to work, then the prisoner would not, on that occasion, get the daily allowance.
(Segregation directions are not a penalty or punishment). - must not be denied access to activities consistent with the fulfilment of their offender plan or to their authorised property simply because they are subject to segregation. (e.g.; must have access to the Library and or books, magazines, or any other available activity (e.g.; work within the unit) that is no inconsistent with the direction.)
- must receive, at least, the minimum entitlements set out in [section 69 of the Corrections Act 2004].
Staff must record (as a file note IOMS) the time the prisoner was asked and received or declined each minimum entitlements. The minimum entitlements must not be “combined” with other activities such as cell cleaning or access to library. - must not remain under segregation, beyond the expiry or revocation date of the direction and must be removed at the earliest opportunity on the day of the expiry or revocation of the direction.
- may be denied access to information and education (excludes directions under section 60) if the general manager custodial considers that he/she is likely to damage prison property.
M.07.02.02 Staff visits to segregated prisoners (denied association)
| Section of Corrections Act 2004 | A prisoner on segregation and denied association must be visited by; | |
| 58(1)(a & b) and 59(1)(b) | General Manager Custodial or authorised officer* | At least once a day The purpose of the visit is for the prisoner to have the opportunity to raise any issue(s) related or not as the case may be, to the direction, their management plan, their treatment, etc. There is no requirement for staff daily visits for a prisoner on restricted association and able to associate with other prisoners. |
| *General Manager Custodial may authorise an officer of the unit housing the segregated prisoner but excludes the officer that requested the initial direction. Officer must be a rank of no less than PCO. | ||
| 60(1)(a & b) and 61 | Health Centre Manager | Within 24 hours of notification, and after that visit, the Health Centre manager must recommend to the general manager custodial: whether the prisoner should be denied or continue to be denied access to all or any of the minimum entitlements and whether the prisoner should be denied access to
any other item. Must also record the recommendation on the prisoner's prison record. |
| Registered Health Professional* | At least once a day or twice a day for at-risk, unless the health centre manager is satisfied that it is not necessary in the circumstances.
They must consider and advise the health centre manager of any matters relevant to a review of the continuing justification for a direction under this section, and, where relevant, whether the prisoner’s at-risk assessment should be reviewed. | |
M.07.02.03 Recording of interactions and daily reviews
- Staff must note all interactions and feedback provided to the prisoner using IOMS: Offender Notes / Segregation / Directive.
- There will be interactions that may require to be recorded as an incident report as well.
- The daily reviews of the key behaviours indicators, as stated in the management plan, must be recorded in the [M.07.Form.04 Management plan for prisoner on segregation] (prisoner copy) and in the [M.07.02.Res.01 Staff instructions to manage segregated prisoner], if the resource is used by your site / unit.
- These notes / reports / comments need to accurately reflect the response and attitude of the prisoner to the management plan’s key behaviour indicators.
- The PCO / residential manager or designated staff use the above mentioned notes to ascertain if any or all aspects of the direction warrants a review or a request to revoke the direction.
M.07.02.04 At-risk prisoners do not require segregation
- Prisoners who are accommodated in the Intervention and Support Unit (ISU) are able to associate with other prisoners in the unit under the unit's routines, and do not require segregation where they are able to associate with other prisoners in the unit.
- A direction for segregation made by the general manager custodial is only required when a prisoner is either denied association with other prisoners altogether or is subject to a more restrictive routine (in terms of ability to associate with other prisoners) than the unit’s regular routine or where association cannot be enabled due to the circumstances of their accommodation.
- 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 it the health centre manager recommends it is desirable to address the prisoner’s risk of self-harm.
- An at-risk prisoner must have a management plan ([M.05.03.Form.02 At-risk management plan]) completed which details the specific conditions of the prisoner’s management and must include whether there is any denial or restriction of association with others during the period that they are deemed at risk.