Recommendation 175

This recommendation is assigned to CSNSW.

Recommendation

That consideration be given to the principle involved in the submission made by the Western Australian Prison Officers' Union that there be a short transition period in a custodial setting for prisoners prior to them entering prison routine.

Context

The Royal Commission report acknowledged that the period between liberty and custody is a particularly traumatic time for any person. One submission suggested it could be far less traumatic if there were holding cells a prisoner could be held in for 48 hours so they could contact relatives and ease emotional trauma.  Recommendation 175 is directed at establishing that short transition period for the welfare of the inmate.

Details of implementation

There are three main reception centres across NSW including Parklea, Metropolitan Reception and Remand Centre and Silverwater Women’s. Once an inmate is received into Corrective Services NSW (CSNSW) custody, the completion of all other relevant assessments should be achieved within 48 hours of arrival.

If an inmate has not been screened by Justice Health NSW within 24 hours of reception, the FM or officer in charge (OIC) of reception can make an interim accommodation decision to house the inmate temporarily in a cell assignment identified as suitable for the inmate based on information available and any identified risks. This decision must be recorded in an OIMS case note. If there are any concerns regarding the inmate’s health and wellbeing, a Justice Health NSW After Hours Nurse Manager (AHNM) may be contacted 24 hours per day, or emergency services contacted. If the AHNM is contacted, ensure to advise them that the inmate is unscreened by Justice Health NSW and request advice on an interim accommodation decision. Justice Health NSW must be notified as soon as possible to conduct the screening.

The primary purpose of the initial reception process into a correctional centre is to:

• screen and assess the inmate for any health, welfare, behavioural management, or security issues and identify appropriate actions that must be taken to address these concerns
• record all information required for the appropriate ongoing management of an inmate in the correctional centre as determined by observing/interviewing the inmate, as well as reviewing all relevant records in the inmates CMF and OIMS
• identify an appropriate cell assignment and bed placement for the inmate to ensure their safe and effective management

Clear and efficient state-wide reception procedures ensure the timely processing of fresh received inmates. The procedures are set out in the COPP section 1.1 Reception procedures.

CSNSW is committed to the safe and secure management of all inmates in its custody. The reception process is designed to ensure that:

• inmates are properly identified and detained in accordance with their legal detainers
• a Custody Management Record (CMR) and Police Transfer Docket are obtained from the NSW Police Force (NSWPF)
• records and alerts are checked and completed on the Offender Integrated Management System (OIMS)
• inmates are assigned a Master Index Number (MIN) by the State Sentence Administration (SSA) Lodgements Processing Unit
• inmates are body scanned or searched for contraband
• inmate property is recorded (both private and goal issued)
• an Inmate identification and observation form (IIO) is completed for every inmate and made available to screening staff
• inmates deemed at risk or who have special needs are identified at the earliest opportunity and managed appropriately
• case management and digital warrant files are created and contain all relevant documents from the court and NSWPF
• inmates are provided with information about their rights and responsibilities
• inmates are provided with information about the case management process.

A Checking Officer’s Assessment (COA) is completed in OIMS and must be done for all inmates newly received into CSNSW custody. The purpose of the COA is to ensure that the functional manager (FM) or Authorised officer notes all information contained in the Reception Screening Assessment (RSA), Health Problem Notification Form (HPNF), and Inmate Screening Questionnaire (ISQ). 

The FM or Authorised officer should complete a COA within 48 hours of arrival, subject to completion of all other relevant assessments (including completion of assessments by JH&FMHN and OS&P).  If all required assessments (e.g. HPNF and ISQ) have not been completed within 48 hours, the FM or Authorised officer may delay the COA until they are done; however, this must not be delayed any more than 72 hours after an inmate has been received into reception.

The COA features a number of questions for the assessment of an inmate when determining potential risk factors and appropriate cell placements, including:

• indications of suicidal ideation
• indicators of an intellectual disability
• if an inmate is suitable for placement in normal discipline
• if there any referrals or notifications that have not been identified in screening
• if there are any needs that should be taken into consideration by classification (e.g. if the inmate is Aboriginal or Torres Strait Islander, transgender, pregnant, if they have medication issues, mental health issues, or there is a special cell placement noted)

Checking Officers must ensure that they consider the recommendations by Justice Health NSW in the HPNF and information provided by the SAPO screener within the narrative summary of the ISQ.

All inmates must participate in a screening and induction program. Governors must be satisfied that the screening and induction program in their correctional centre includes all the relevant information.

Inmates must be provided with a copy of the Information about correctional centre discipline form which outlines information about how correctional centre offences may be dealt with by the centre.

As part of the induction process, inmates must be provided with the Inmate handbook, which outlines the various services and programs available to inmates while they are in CSNSW custody.

In centres that issue Inmate Tablets supplied by Offender Digital Services the inmate must be clearly informed of their responsibilities and liabilities regarding the tablet and then asked to sign the Inmate Tablet - Inmate contract. A copy of the signed form is stored on the inmate’s CMF.

Inmates must also be provided with an Inmate information booklet which has been created by the correctional centre using the prescribed templates. These booklets provide information to each new reception inmate about:

• Correctional centre routines
• Calls and daily routine
• The case management process
• Authorised methods for seeking information
• The process for making a complaint
• The role of the official visitor
• Services available
• Areas for assistance
• Contact numbers
• Legal resources
• Any other information that will assist the inmate understand their rights and obligations

CSNSW facilitates Aboriginal Inmate Committees (AICs). COPP section 11.3 Aboriginal inmate committees outline the policy and procedures relating to the administration and processes for Aboriginal Inmate Committees including:

• Establishment of AICs
• Appointment of AIC members
• Roles of the AIC
• AIC meetings.

The AIC is a representative body of Aboriginal inmates and an integral part of correctional centre management. An Aboriginal Inmate Delegate (AID) will be appointed as the secretary of the AIC.

The AIC is a Corrective Services NSW (CSNSW) initiative that affirms its commitment to support Aboriginal inmates to desist from reoffending and acknowledges their family contact and cultural needs.  The AIC does not address individual inmates’ personal issues. Aboriginal inmates in need of assistance can seek the help of the AID.

The Regional Aboriginal Programs Officer (RAPO), with the support and advice of the Governor of a correctional centre, is responsible for ensuring Aboriginal inmates can make representations about their cultural needs through the establishment of an AIC. The RAPO will also appoint an AID as secretary of the AIC. 

In correctional centres where there is only a small number of Aboriginal inmates, the Governor may seek written approval from the ACCC not to establish an AIC. If approved an AID must be appointed and be a member of the Inmate Development Committee (IDC).

The AID’s position is a seven day 42 hours per week position paid at Service Industries Domestic – level 3 with loading as per CSI Policy Section 8.2 – Inmate Wages System. AID’s wages are:

• Service Industries – Domestic $49.73 ($1.184 x 6 hours x 7 Days).
• Service Industries – CAMPS   $81.23 ($1.934 x 6 hours x 7 Days).

The RAPO will:

• ensure any Aboriginal inmate may be nominated for appointment as AID or as a member of the AIC
• ensure nominations for appointment as AID and to the AIC are made known to all Aboriginal inmates
• check records of AID and AIC nominees for suitability and consult with Governor
• appoint an AID and AIC proportional to the number of Aboriginal inmates at the centre
• coordinate and attend all meetings of the AIC
• schedule and ensure the AIC meetings are held every quarter, or when a meeting is requested by the AIC or the AID. Where possible meetings should be scheduled for the upcoming 12 months
• assist the Governor to supervise the AIC
• coordinate the AIC and liaise with local management to facilitate cultural events
• advocate on behalf of Aboriginal inmates and monitor outcomes of the AIC meetings
• maintain all documentation relating to the AIC in Electronic Document & Records Management System (EDRMS)
• ensure all inmates in attendance and any relevant information is recorded on the Offender Integrated Management System (OIMS)
• publish and forward a copy of all minutes from each AIC meeting to the Governor and Aboriginal Strategy Directorate as soon as practicable
• provide the Official Visitor with access to the records of the AIC (AIC agenda, previous AIC meeting working papers and previous AIC meeting minutes)

Role of the AIC and its members AIC members will: 

• maintain high standards of personal conduct
• take an interest in issues affecting Aboriginal inmates in their area and centre
• support Aboriginal inmates at the centre
• assist local management to communicate with Aboriginal inmates
• seek agenda items from Aboriginal inmates and, if necessary, hold informal meetings to compile a formal meeting agenda
• publish an agenda to the Governor and RAPO before any AIC meeting
• hold formal meetings, record minutes and keep records of all AIC meetings

Role of the AIDs will: 

• maintain appropriate records such as submissions, agendas, and minutes of meetings
• cooperate with local management to support and address the needs of Aboriginal inmates received at the centre
• direct individual inmate's concerns to the appropriate channels
• assist Aboriginal staff to support Aboriginal inmates
• support and advise CSNSW staff preparing or delivering programs to Aboriginal inmates.
• where appropriate advocate on behalf of Aboriginal inmates
• represent Aboriginal inmates and bring to the attention of correctional centre management at IDC meetings any issues affecting accommodation, employment, education, recreation, family contact and inmate development programs
• provide feedback to inmates on matters raised at committee meetings
• provide pertinent and relevant information on specific matters as might be requested from time to time by the Governor.

Evidence

• COPP section 1.1 Reception procedures. (PDF, 3.0 MB)
• COPP section 11.3 Aboriginal inmate committees (PDF, 563.5 KB)