Parliament has passed new legislation giving Corrections greater powers to stop people smuggling contraband into prisons, and to stop prisoners using cell-phones and sending threatening or crime-related letters.
The Corrections Amendment Act (No. 2) 2009 was brought into force on 3 April and gives Corrections additional search and detection powers, especially in relation to drugs and cell-phones.
The Act was partly driven by new cell-phone technology, and authorises Corrections to use detection and jamming equipment in prisons – equipment which is already being widely used.
Under the new law, the penalty for prisoners who possess or use a cell-phone is up to three months in prison, a fine of up to $5000, or both. Staff and visitors who are caught with unauthorised cell-phones will be subject to the same penalties.
The Act also enhances existing powers to strip-search prisoners and conduct random searches of the prison.
The other main provision of the Act extends Corrections’ ability to read prisoners’ mail. Currently, prison staff open every item to check for contraband, but are only allowed to read a prisoner’s mail if they have reasonable grounds to suspect, for example, that the prisoner is corresponding about something unlawful.
However, the new law will allow officers to read all mail, except correspondence with members of Parliament and official agencies such as the Courts. One of the main aims of this provision is to stop prisoners sending letters that could threaten or distress their victims.
Manager Service Support Karen Urwin says the mail was becoming ‘the weakest link’.
“As our cell-phone jamming and detection became better, some prisoners reverted to the mail to organise crimes or send malicious messages. Now we can stop them before they can do any more harm.”
Team Leader National Systems – Prison Services Damien Aupa’au says Corrections is already well prepared for the Bill’s new provisions.
“We knew the Act was likely to go through so we’ve already organised the necessary training and communications to prison staff,” he says.
Other provisions of the Act include: limiting the Crown’s liability in an emergency situation (such as an epidemic, civil defence emergency or specific prison situation); allowing Corrections to disclose information on the highest risk offenders to enable a co-ordinated response by Corrections, Police and social agencies; and allowing prisoners a mouthful of communion wine during religious services.
The Corrections Amendment Act (No 2) can be found on the New Zealand Legislation website.
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ISSN 1178-8453