This topic covers the policies and procedures to follow if an offender is suspected to be under the influence or in the possession of alcohol or drugs at CW.
There is zero tolerance for possession, use, or being under the influence of alcohol and/or other drugs at CW. Staff should err on the side of caution if they suspect an offender is under the influence or in the possession of alcohol or other drugs. If in doubt, staff should call the CWC for advice.
The following table details the process to follow when staff suspect that an offender at a CWC or worksite is under the influence of alcohol or other drugs.
|
Stage |
Description |
|
1 |
Separate the offender from the rest of the work party. |
|
2 |
If the offender is at a worksite, then transport the offender back to the CWC. If the offender refuses to return to the CWC, then dismiss the offender from the worksite. |
|
3 |
Refer the offender to either a probation officer or a senior community work supervisor designated by the service manager. |
|
4 |
The designated person interviews the offender to ascertain whether the offender is under the influence of alcohol or other drugs. |
|
5 |
If, following the interview, the staff member believes on reasonable grounds that the offender is under the influence of alcohol or other drugs, then the offender is to be dismissed and sent away from the CWC immediately. If the suspicion is not confirmed, then the offender is to be returned to the work party. |
|
6 |
If the offender refuses to leave or does not leave within a reasonable time, then:
|
|
7 |
If the offender leaves but there is a concern that they may be a risk to themselves or others then inform the police of those concerns. |
|
8 |
The offender is to report on the next reporting date. |
Note: If an offender is found to be under the influence of alcohol or other drugs, or is suspected of being so, then this must be case-noted in IOMS.
If an offender who is also subject to another sentence or order is found to be under the influence of alcohol or other drugs at CW, or is suspected of being so, then community work staff must notify the supervising probation officer.
If the joint/concurrent sentence is a rehabilitative sentence with a special condition requiring the offender not to consume alcohol, the supervising probation officer of that sentence will take any necessary enforcement action in respect of that special condition.
If an offender is dismissed from CW on repeated occasions for being under the influence of alcohol or other drugs, this is a breach of CW and enforcement action should be taken accordingly.
Reference: Volume 3A, Part VI, Non-compliance and Enforcement. (please refer to the related links section on this page)
Alcohol is a prohibited item under the CWC Rules 2008. Possession of alcohol at CW should be dealt with as any other prohibited item.
Reference: Volume 3A, Part I, Chapter 2, Section 2d, CWC Rules 2008. (please refer to the related links section on this page)
If staff have good reason to suspect that an offender at a CWC or worksite is in possession of illegal drugs, then the staff member should notify the service manager who will refer the matter to the police.
Note: The police will decide what action, if any, is to be taken. It is not the role of community work staff to pre-determine whether the police may or may not take action.
If staff believe that they hold physical evidence relating to illegal drugs, then the community work supervisor should contact the CWC. The CWC should notify the service manager who will refer the matter to the police. The police will arrange for collection of the evidence.
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