Purpose
These guidelines provide an additional risk management tool, which will ensure the appropriate accommodation placement and facility access for all prisoners.
This will be based primarily on the management of the risk posed by individual prisoners to staff and other prisoners, and will complement the National Security Classification System.
The risk to staff, other prisoners, and to the public, is significantly increased if prisoners are non-compliant with unit rules or fail to recognise and make responsible choices or learn to involve themselves actively and constructively in community living.
This placement process seeks to provide a safe and secure environment that encourages prisoners to take responsibility for a greater degree of independence and self-responsibility consistent with their security classification and assessed risk level.
Note: The following prisons have been designated by the Chief Executive or the Acting Chief Executive for the purpose of the prisoner placement system under Regulation 52D of the Corrections Regulations 2005:
- Spring Hill Corrections Facility
- Auckland Region Women's Corrections Facility
- Otago Corrections Facility
Placement
A prisoner will be placed in a unit consistent with their security classification and their placement assessment taking into account the availability of accommodation and the safe custody and welfare of other prisoners.
All prisoners within a particular unit must be managed according to that unit’s attributes.
Initial Placement on reception
The initial placement of a newly sentenced prisoner will be determined by the result of their security classification.
The prisoner will be placed in a unit within the appropriate classification and at the highest risk level until further placement review can be carried out.
Those prisoners that have spent time in custody immediately prior to sentencing and are able to have a placement review based on their history will be reviewed within 14 days.
Those newly sentenced prisoners who have not spent time in custody on remand for the sentence they are being received for will be reviewed as soon as practicable within the timeframes outlined in paragraph "Placement must be reviewed" below.
Unit Attributes
Minimum standards are to be maintained at all times in all units.
However, particular attributes of a unit’s operating environment may differ according to the identified security risks posed by the prisoners housed in them.
The attributes that may be varied according to risk are:
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Attributes
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Operating Environment
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- Unlock hours
- Internal movements
- Cell Standards
- Visiting arrangements
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Further guidance on the relationship between unit attributes and managing prisoner risks is at
Prison Managers to define operating environment for units
Prison Managers will define the operating environment in each unit of their prison by specifying a series of attributes for the unit. Once developed, the proposed operating environment is to be submitted to PS AGM Operations who will ensure the Prison Manager’s proposals are sufficiently justified by security considerations and that they are consistent with statutory requirements.
Placement must be reviewed
- At intervals of not more than every two (2) months for a prisoner serving sentences of less than 26 weeks; or
- At intervals of not more than every three (3) months for all other prisoners.
Placement may be reviewed at any time
A prisoner who, through their non-compliance, represents a risk to the good order or security of the unit in which they are housed or to the safety of any person, may have their current placement reassessed by the Unit Manager.
Prisoner may seek review of placement
A prisoner may request a review of their current placement.
The Unit Manager must discuss with the prisoner their current placement and explain why the placement has been made and what the prisoner needs to do to change their placement.
However, if the issue is not resolved to the prisoner’s satisfaction, the prisoner must be provided with the appropriate forms to initiate a formal review of their placement.
The formal review will be completed by the Prisoner Manager within 7 days of receipt.
Prisoner placement decisions to be evidence-based
Any decision about the appropriate placement of a prisoner within a unit (i.e. matching unit attributes with identified risk), needs to be evidence based.
This evidence may come from sources which include:
- Reports on the prisoner’s compliance with the unit rules e.g. file notes.
- Incident reports.
- Crime prevention information regarding potential risk issues arising with the prisoner.
Any circumstances or events that prompt a reconsideration of a prisoner’s level of risk need to be documented and placed on the prisoner’s file.
If there is any change in the validity of any evidence used to inform a prisoner’s placement, the Prison Manager must reconsider whether or not the placement of the prisoner remains valid.
Prisoner placement decision provided to prisoner in writing
Once the prison placement decision has been made this decision, with clearly described reasons, is to be provided to the prisoner in writing by the Unit Manager.
Prisoners are to be actively managed and encouraged to take personal responsibility for their actions
The goal is to encourage all prisoners to:
- Take personal responsibility for their actions.
- Make appropriate choices about their day-to-day life in prison in relation to compliance with rules.
- Participate in their unit / facility community.
Prisoners to be informed with regard to unit rules and facility expectations and the consequences of non compliance
Prison Managers are to ensure that all prisoners are fully informed in writing of what is expected of them and any consequences of compliance, or non-compliance, with these expectations.
The Unit Manager of the unit into which a prisoner is placed must ensure that the prisoner has the expectations and consequences fully explained to them and prisoners are given an opportunity to ask questions.
Consequences of non-compliance are to be clearly outlined to the prisoner.
A receipt of information is to be provided whereby the prisoner has the opportunity to sign in acknowledgement.
If the prisoner refuses to sign, the Unit Officer must sign attesting that the prisoner was given the opportunity to read the document and had it fully explained.
Matters to be covered in Unit Rules
The Prison Manager will ensure the Unit Rules outline the compliance required both within the Unit and the facility.
Examples of Unit Rules are as follows:
- Violence towards people or property will not be tolerated.
- Active participation in assigned structured activities including employment is required.
- Gang related activities will not be tolerated.
- Clothing or cell property that identifies with any gang will not be permitted.
- Compliance with the zoning / out of bounds requirements specific to the unit is required.
The unit rules will be covered during induction to the unit and must also include commentary in relation to what the consequences of compliance or non-compliance with the rules could be.
Warnings may be issued for less serious infringements
Unit Managers may choose to issue warnings to prisoners whose non-compliance is considered not serious enough to warrant a full placement review.
Such warnings must be documented and placed on the prisoner’s file.
Any prisoner with two warnings in the preceding six month period (and where there has been no subsequent change in the prisoner’s placement or classification) must, on the third incident, have their placement reviewed.
Review of Prisoner Placement does not replace any requirements under the National System for Security Classification.
It should be noted that a placement review can occur at any time depending on the severity of the event or incident prompting the review and does not require any previous warnings to have been issued.
Movement within and between accommodation
Units dependent on risk Depending on the severity of risk demonstrated by the prisoner, the Unit Manager may consider shifting the prisoner to a unit appropriate to the level of risk posed by the individual.
However if the circumstances or events involving the prisoner indicate a serious change in the prisoner’s risk profile a full security classification review must be undertaken immediately.
To maintain safety and security of the unit or any other person, where a prisoner has been charged with a serious breach of prison discipline or an offence, that prisoner may be immediately moved to an appropriate unit placement pending the hearing of any charges.
If a subsequent hearing dismisses the charge the prisoner must be returned to the unit in which they previously resided.
Where a prisoner cannot be moved immediately they will continue to be managed in accordance with the unit operating environment within which they are currently housed pending movement to a different type of unit.
