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Prisoners - Legal Information Access Centre - NSW Government

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any other matter necessary to enable the inmate to<br />

understand the inmate’s rights and obligations and<br />

adapt to living in the centre.<br />

An inmate must surrender all property in their possession<br />

to an authorised officer. Any property belonging to the<br />

inmate brought to the prison by a police officer or<br />

Corrective Services Officer will be handed to the general<br />

manager. The general manager determines which items<br />

of property are suitable for the inmate to have in their<br />

possession. See ‘Property’ below for more detail on what<br />

items inmates may possess.<br />

Case management plans are made as soon as practicable<br />

after the inmate’s arrival, and cover such things as:<br />

> the prisoner’s classification;<br />

> programs in which they are to be encouraged to<br />

participate;<br />

> health services;<br />

> strategies to minimalise the impact of any disability eg<br />

in relation to participation in a work program;<br />

> strategies to minimalise the risk of self harm if that<br />

appears to be likely;<br />

> implementation of the recommendations from the<br />

Report into Aboriginal Deaths in custody where the<br />

inmate is Aboriginal;<br />

> the provision of pre-release and post-release assistance<br />

(such as how to access social services and drug and<br />

alcohol programs).<br />

prisOner clAssificATiOn<br />

Prisoner classification is important because it determines <br />

at which correctional facility an inmate is placed, which <br />

has an effect on the access they have to programs. It <br />

also determines their privileges within the system. <br />

Classification and placement are reviewed every six <br />

months.<br />

When completing the Initial Case Plan form the inmate <br />

is to have explained to him/her the factors that affect his <br />

classification, placement and management:<br />

> convicted/unconvicted;<br />

> protection/not protection;<br />

> nature of offence;<br />

> length of minimum period of custody/and sentence;<br />

> assessed risk/need factors;<br />

> previous criminal record;<br />

> previous custodial history and conduct in custody;<br />

> vacancies in centres.<br />

Where an inmate is identified as ‘public interest’, <br />

‘escapee’ or ‘serious offender’, the implication of these <br />

designations must be fully explained to the inmate, <br />

particularly progression through minimum security to <br />

external leave programs.<br />

Each male inmate is classified in one of the following<br />

categories:<br />

Category AA – inmates who represent a special risk to<br />

national security (for example, because of a perceived<br />

risk that they may engage in, or incite other persons to<br />

engage in, terrorist activities) and should at all times<br />

be confined in special facilities within a secure physical<br />

barrier that includes towers or electronic surveillance<br />

equipment.<br />

Category A1 – inmates who represent a special risk<br />

to good order and security and should at all times be<br />

confined in special facilities within a secure physical<br />

barrier that includes towers or electronic surveillance<br />

equipment.<br />

Category A2 – inmates who should at all times be<br />

confined by a secure physical barrier that includes<br />

towers, other highly secure perimeter structures or<br />

electronic surveillance equipment.<br />

Category B – inmates who should at all times be<br />

confined by a secure physical barrier.<br />

Category C1 – inmates who should be confined<br />

by a physical barrier unless in the company of a<br />

correctional officer or some other person authorised by<br />

the Commissioner.<br />

Category C2 – inmates who need not be confined by<br />

a physical barrier at all times but who need some level<br />

of supervision by a correctional officer or some other<br />

person authorised by the Commissioner.<br />

Category C3 – inmates who need not be confined by<br />

a physical barrier at all times and who need not be<br />

supervised.<br />

Female inmates have similar levels of classification from<br />

Category 5 (special risk to national security) down to<br />

Category 1 (need not be confined by a physical barrier at<br />

all times and who need not be supervised).<br />

Changes to classification can be made by the<br />

Commissioner but some changes, set out in clause 27<br />

of the Crimes (Administration of Sentences) Regulations<br />

2008, must be considered by a Review Council.<br />

sepArATiOn And segregATiOn<br />

<strong>Prisoners</strong> are divided into the following classes:<br />

> convicted inmates;<br />

> unconvicted inmates;<br />

> civil inmates.<br />

As far as practicable inmates of any class are kept<br />

separate from inmates of any other class. Within each<br />

class, the Commissioner may direct that the following<br />

inmates be kept separate from other inmates:<br />

> those inmates who have not previously been<br />

imprisoned;<br />

24<br />

HOT TOPICS 67 > <strong>Prisoners</strong>

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