Where the Prison Manager (or his / her authorised delegate) directs that a prisoner's opportunity to associate with other prisoners be restricted, the restrictions must be clearly stated and the prisoner asked to acknowledge in writing that he / she has been informed of the restrictions and the reasons he / she is being restricted.
Where the Prison Manager (or his / her authorised delegate) directs that a prisoner's opportunity to associate with other prisoners be denied, the Prison Manager (or his / her authorised delegate) must clearly state why the prisoner is unable to be managed with restricted opportunities to associate with other prisoners. The prisoner is to be asked to acknowledge in writing that he / she has been informed of the reasons he / she is to be managed in this manner.
If, after informing the prisoner of the segregation direction and the reasons for it, the prisoner refuses to acknowledge in writing that he / she has been informed of the direction and of the reasons why his or her opportunity to associate with other prisoners is being restricted or denied, then this refusal must be noted on the appropriate form by the prison officer and this notation witnessed at the same time by another officer.
No prisoner is to be subject to a segregation direction unless the appropriate National System segregation form is completed and signed by the Prison Manager (or his / her authorised delegate).
Recommendations for and approvals of segregation must be made using one of the following national forms:
Revocations of segregation directions must be made using the Revocation of Segregation Direction form. Revocations must also be noted on the form that was used to direct placement on segregation or continuation of segregation using the tick-box in the top right hand corner.
(Copies of the forms are included in this National System).
If a segregation direction is made, or a segregation direction is continued, the form Prison Manager's Notification to the Prisoner of the Prisoner's Placement on Segregation or Continuation of Segregation must be completed and given to the prisoner for each period of approved segregation within 6 hours of the direction being made, or within 6 hours of the prison being notified that a direction has been continued by the Chief Executive, or his / her authorised delegate, or Visiting Justice.
The prisoner is to be given a copy of the documentation that supports the direction to segregate him / her, or direction to continue segregation, at the same time as he or she is given the Prison Manager's Notification to the Prisoner of the Prisoner's Placement on Segregation or Continuation of Segregation form. It is not sufficient to simply advise the prisoner that he / she has been placed on segregation, or has had segregation continued for one of the statutory reasons listed on the Prison Manager's Notification to the Prisoner of the Prisoner's Placement on Segregation or Continuation of Segregation form.
Where, as a result of a major incident response situation, the Prison Manager's Notification to the Prisoner of the Prisoner's Placement on Segregation or Continuation of Segregation form is unable to be completed by the prison and provided to the prisoner within 6 hours of the segregation direction being made, GMPPS must be notified, before the 6 hours expire, of the reasons why the timeframe cannot be met.
The prisoner is to be asked to acknowledge in writing receiving this form. If the prisoner is unable or refuses to acknowledge this in writing this refusal must be noted by the prison officer on the form and witnessed by another officer.
With the exception of prisoners who are subject to a voluntary protective custody segregation direction, a Confirmation of Minimum Entitlements for a Prisoner Who is on Segregation form must be completed and given to the prisoner at the same time that the prisoner is given the Prison Manager's Notification to the Prisoner of the Prisoner's Placement on Segregation or Continuation of Segregation form. The completion and implementation of the requirements in this form for prisoners who are subject to a voluntary protective custody segregation direction is at the prison manager's discretion.
The prisoner is to be asked to acknowledge in writing receiving this form. If the prisoner is unable or refuses to acknowledge this in writing this refusal must be noted by the prison officer on the form and witnessed by another officer.
The Confirmation of Minimum Entitlements for a Prisoner Who is on Segregation form ceases to apply upon the prisoner's return to the general prison population.
While the prisoner is segregated he / she is to be placed on a segregation management plan (use locally developed form) which identifies any special needs that may be relevant due to the prisoner being segregated, and to reflect the ways in which the prisoner can address his or her behaviour that has led to the segregation and the measures that will be undertaken by the prison to assist the prisoner???s return to the general prison population. A copy of the segregation management plan must be given to the prisoner within one working day of the prisoner being placed on segregation.
The prisoner is to be asked to acknowledge in writing receiving the segregation management plan. If the prisoner is unable or refuses to acknowledge this in writing this refusal must be noted by the prison officer on the segregation management plan document and witnessed by another officer.
Notwithstanding the requirements for the segregation form to be signed when directing segregation, a delay in signing the form until the next working day after segregation starts is reasonable where the Prison Manager (or his / her authorised delegate) has been contacted and he / she has given an oral direction for segregation. When the direction to segregate is given orally, the person giving the oral direction must sign the segregation form no later than the next working day after the oral direction is given, and must record on the form:
Segregation starts at the time the oral direction is given. The date and time when the Prison Manager (or his / her authorised delegate) is contacted for the purpose of giving an oral direction must be recorded on the prisoner's file. A copy of the signed form confirming the oral direction must be given to the prisoner as soon as it is signed.
No prisoner directed to segregation for the purpose of protective custody under section 59(1)(b) or for the purpose of security, good order, or safety under section 58(1) of the Act is to remain subject to a segregation direction beyond the expiry date of the current term of approval for that segregation direction. The processing of recommendations and approvals to continue a segregation direction is to be done in advance and must allow sufficient time for a decision on a further segregation direction to be made before the expiry date of the current direction.
Applications by the prison for the review and / or continuation of a segregation direction cannot be retrospectively approved and signed. Prisoners who are subject to a segregation direction that has expired must be immediately removed from segregation on the expiry of the direction.
A prisoner subject to a segregation direction must be detained, so far as is practicable in the circumstances and, if it is not inconsistent with the purposes of the direction, under the same conditions as if they were not subject to a segregation direction.
A prisoner must not be denied access to activities consistent with the fulfilment of their segregation management plan or to their authorised property, simply because they are subject to a segregation direction.
A prisoner subject to a segregation direction is still entitled to the minimum entitlements set out in section 69 of the Act. However a prisoner, subject to a direction under section 58 or 59 of the Act, may be denied access to information and education referred to in section 69(1)(k) of the Act, if the Prison Manager considers that the prisoner is likely to damage prison property.
Where possible, prisoners subject to a segregation direction for the purpose of protective custody, whether directed or voluntary, must be detained in units separate from general prison population prisoners.
Sections 58(2)(b), 59(3)(b), and 60(2)(b) of the Corrections Act 2004 require the Chief Executive (or his / her authorised delegate) to be promptly informed of any direction for segregation and the reasons for it. By virtue of the Chief Executive Delegated Authorities for Prisoner Management to Persons Holding Staff Positions within Public Prison Service this means that documentation of a direction by the Prison Manager (or his / her authorised delegate) to segregate a prisoner must be received by the PPS Regional Office within 3 working days of that direction being made (note time starts to run on the day the prison manager or delegate directs that the prisoner be segregated).
The Chief Executive (or his / her authorised delegate) must also be informed of any decision by the Prison Manager, their authorised delegate, or Visiting Justice to revoke a direction for segregation and the associated documents must be forwarded to the Chief Executive's authorised delegate for review within 7 days of the decision being made.
Regulation 55 of the Corrections Regulations 2005 requires that the medical officer of a prison must be notified reasonably promptly by the Prison Manager (or his / her authorised delegate) after a prisoner is placed in a cell in circumstances where, as a consequence of any segregation direction, the prisoner is denied the opportunity to associate with other prisoners.
Where a prisoner on voluntary protective custody segregation is able to associate with other prisoners who are subject to segregation on the same basis, there is no requirement to notify the medical officer under regulation 55.
Reasonably prompt notification of the medical officer of the prison means:
Note: Under section 20 of the Corrections Act 2004 a medical officer of a prison must be a medical practitioner (i.e. a doctor, including a psychiatrist) registered with the Medical Council of New Zealand as a practitioner of the profession of medicine. A nurse, psychologist, or counsellor employed or engaged by the Department is not a medical officer for the purposes of the Corrections Act 2004.
The Prison Manager, or an officer authorised by the manager for the purpose, must at least once a day visit a prisoner who, as a consequence of a segregation direction, is denied the opportunity to associate with other prisoners.
Any officer authorised by the Prison Manager for the purpose should be any Unit Manager of the prison. This includes the Unit Manager of the unit in which a prisoner is being held for the purpose of the segregation direction.
Where a prisoner on voluntary protective custody segregation is able to associate with other prisoners who are subject to segregation on the same basis, there is no requirement for the visits specified in regulation 56.
In circumstances where a prisoner is released from segregation and within five days of being released that prisoner is subject to a new segregation direction, then time will start to run for each review period of the segregation direction from the first day of the original direction (i.e. the time will start to run for the reviews periods at 14 days, one month and then two months by the Chief Executive (or his / her authorised delegate), and any subsequent review(s) by a Visiting Justice, from the first day of the original segregation direction).
If prison staff consider there are grounds for a prisoner's segregation direction to be continued, the proper process outlined in this National System must be followed to continue that direction. The prisoner should not be removed from segregation upon the expiry of a direction, only to be subjected, within five days of being released from segregation, to a new direction based on the same reasons and circumstances as the prisoner's previous segregation direction (i.e. these reasons and circumstances were evident to the prison at the time the original direction expired).
Notwithstanding the prisoner has been placed on segregation for a specified period, the prisoner is to be managed off segregation at the earliest opportunity.
If a prisoner moves directly from one category of segregation (for example from section 59 to section 58, or section 60 to section 58) without a break of the segregation period, the new segregation direction is to start from the date the prisoner was placed on the original direction. The original direction is to be formally revoked and the new segregation direction formally approved. The decision to change the category of segregation must be robustly supported by evidence justifying the new segregation direction.
If a prisoner under segregation is transferred to another prison, the segregation direction ceases upon reception of the prisoner at the receiving prison. The receiving prison must be informed about the prisoner's previous segregation status and should inquire into any need for further segregation.
A prisoner subject to a segregation direction who has or appears to have a communication difficulty in English and / or difficulties with oral and / or written communication is to be provided, in a way that is understandable to the prisoner, with the information required under this National System about their segregation. Prison staff need to refer to the Policy and Procedure Manual, Part D.14 on Special Needs - Prisoners who have or appear to have a Communication Difficulty in English (National Policy), particularly paragraphs 9, 10, and 13.
A register is to be maintained by Prison Managers or delegated officers for recording all segregation directions. The register is to be available to be viewed at any time by Inspectors of Corrections, the Ombudsmen, auditors, Corrections' Corporate Management staff, or prison monitors.
The register must include the following information for all directions to segregate prisoners:
Note: Paragraphs (d), (f), (g) and (h) do not apply to directions for voluntary protective custody segregations under section 59(1)(a) of the Corrections Act 2004.