Prisoners - Legal Information Access Centre - NSW Government

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those inmates who would be at risk if not separated from other inmates; > those inmates who are forensic patients within the meaning of the Mental Health Act 2007 (NSW); > those inmates who are detained under a preventative detention order within the meaning of Part 2A of the Terrorism (Police Powers) Act 2002 (NSW); > inmates who are imprisoned due to a fine default. Where inmates are required to share a cell, the other inmate must be carefully selected, and each inmate must be supplied with a separate bed and bedding. Inmates who have (or are suspected to have) an infectious condition may be kept separate from other inmates. An inmate must not enter a cell that has not been allocated for their use unless they are authorised by the general manager or correctional officer. Inmates can be kept in segregated custody if it is considered that their association with other inmates is a threat to: > the personal safety of any other person; > the security of a correctional centre; > good order and discipline. protective custody An inmate can be held in protective custody if the association of the inmate with other inmates constitutes or is likely to constitute a threat to the personal safety of the inmate. An inmate can also be held in protective custody on written request to the Commissioner. Decisions on segregation and protective custody are reviewed within a period of 21 days and every three months after the first review. seArcHes An inmate may be searched by a correctional officer (including strip-searched) as the general manager directs or as the correctional officer considers appropriate. An inmate must not be strip-searched by or in the presence of a person of the opposite sex except in the case of an emergency. Searching of an inmate must be carried out with ‘due regard to dignity and self-respect and in as seemly a manner as is consistent with the conduct of an effective search’. It is a correctional centre offence for an inmate to resist or impede the conduct of a search. persOnAl prOperTy All property must be searched when first received and before it is issued and/or stored. Any property that is a risk to security or safety will be confiscated. An Inmate Property Record will be generated at the time of reception. The amount of personal property that may be kept by an inmate depends on the length of their sentence. Unconvicted inmates and inmates serving sentences of less than six months are allowed one container each, and those serving longer sentences are allowed two containers. All approved property must be able to be stored in the containers with the exception of the following additional items: > electric kettle; > portable radio; > television; > legal papers; > art/craft item (up to 1 metre square). Excess property may be confiscated and disposed of as for property surrendered on reception. Property cannot be delivered from one inmate to another without permission. Any food or other property considered unhygienic can be destroyed. Property in the cell must be kept tidy (so that searches are not impeded). clothing Inmates receive a standard issue of clothing (3 t-shirts; fleecy tracksuit top/sloppy joe; fleecy tracksuit pants; 2 pairs of shorts; 4 singlets; 5 pairs of underpants; 5 pairs of socks; 1 pair of shoes). There is a list of additional clothing items that can be provided to inmates depending on their needs and the location of the correctional centre. Private clothing may be delivered to a correctional centre for: > court appearances; > approved short-term leave; > external education or employment programs; and > prior to discharge or deportation. discipline And punisHmenT Inmates must comply with the correctional centre’s routine and hours of work. They must obey any call to muster in a particular area when asked by an officer or notified by bell, whistle or siren etc. Inmates must submit to breath testing for alcohol or provide a urine sample for drug testing if it is suspected that they are under the influence of alcohol or drugs. Any contravention of the provisions in the Crimes (Administration of Sentences) Act is a ‘correctional centre offence’. There are also a number of correctional centre offences created under the Crimes (Administration of Sentencing) Regulation 2008. They are set out in clauses 124- 146 and Schedule 2 of the regulations. The range of sanctions that may be imposed by the general manager of the correctional centre includes: > reprimand and caution; imprisonment in nsW 25
withdrawal of privileges for up to 56 days (includes things like access to television, radio, films, videos, CDs and DVDs, leisure activities, ability to purchase goods, contact visits and keeping of approved property); > confinement to a cell for up to 7 days with or without deprivation of privileges; > imposing a penalty may be deferred conditional upon good behaviour for uup to two months; > cancellation of payments for a period of up to two weeks. Serious offences are referred to a Visiting Magistrate who can impose more extensive punishments, including extending the inmate’s sentence by up to six months. The Visiting Magistrate will refer the matter to the Local Court where the offence constitutes a criminal offence. A decision of the Visiting Magistrate may be appealed to the District Court under Part 3 of the Crimes (Local Courts Appeal and Review) Act 2001. BAnKing And purcHAsing Correctional facilities are cashless environments – inmates have a prison account where money from their families or from work programs is deposited. This account is used to make purchases from the prison ‘buyup’, items such as toothpaste, soap, tobacco, tea, coffee, canned food, soft drinks and cereal. mAil Inmates are able to send and receive letters and parcels to and from any other person. The material sent by an inmate must not be threatening, abusive, indecent or obscene. The general manager may open and inspect letters and parcels, and may confiscate any prohibited goods. There are some bodies that are exempt from having correspondence opened, for example the Legal Aid Commission, the Ombudsman, the Judicial Commission. 94 Stricter regulations apply to prisoners with the highest classification – category AA male inmates and Category 5 female inmates. TelepHOne cAlls Unconvicted inmates are permitted to make up to three local or fringe area telephone calls per week at departmental expense. Their legal telephone calls are also made at departmental expense. Convicted inmates are permitted to make one local or fringe area call per week at departmental expense. Telephone calls for humanitarian purposes such as illness, death in the family or birth of a child should be provided without delay and in addition to the inmate’s normal entitlements. Inmates are permitted to contact mobile telephones. Inmate calls to personal telephone numbers may be monitored and/or recorded. Calls may be terminated by a correctional officer if they believe that it will ‘prejudice good order and security of any correctional centre’ (clause 110). There is a limit to the number of calls and faxes that an inmate can make per week, which depends on their classification and is fixed by the Commissioner. The cost of additional calls is generally to be met by the inmate, with some exceptions, such as calls to the Ombudsman, Independent Commission Against Corruption or Legal Aid Commission (see clause 111). Possession of a mobile telephone (or camera, video or audio recorder) is a correctional centre offence. visiTs A correctional centre will have set visiting hours, and visits are usually a minimum of 30 minutes. The general manager can authorise visits outside of visiting hours in some circumstances. The details of all visits are recorded. There are a range of ‘special’ visits which include visits by a legal practitioner, visits by a diplomat to foreign nationals, visits to Aboriginal inmates by the Aboriginal Legal Service field officer. The Commissioner can restrict particular people from visiting, and can restrict the type of visit (eg make it a non-contact visit). An inmate is entitled to refuse to see a visitor unless it is a government official. A visitor may be refused entry if they are believed to be under the influence of drugs or alcohol. Visitors may be required to provide proof of identity and a reason for their visit. They may have their personal possessions searched and inspected (including use of a sniffer dog and scanner). Prior permission must be obtained for visitors to take photographs or other recordings inside a correctional centre. Visits must be in sight of a correctional officer and are designated as ‘contact visits’ where physical contact is permitted, or ‘non-contact visits’ where contact cannot take place. Visits may be terminated: > if the visitor is considered to have behaved in contravention of the relevant legislation; > if the visitor has behaved threateningly or offensively; > in the interests of the visitor; > in the interests of the security of the correctional centre. 94. For the full list of exempt organisations see Crimes (Administration of Sentences) Regulation 2008 see the entry for ‘exempt organisations’ in the dictionary section at the end of the regulation, available at www.legislation.nsw.gov.au 26 HOT TOPICS 67 > Prisoners
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Prisoners - Legal Information Access Centre - NSW Government

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