A.09.03.R2 Authority to approve temporary removals

Sections 62 and 64: The Chief Executive may authorise the temporary removal of a prisoner in accordance with sections 62 and 64 of the Corrections Act 2004.

Authority to decline applications for temporary removal

Section 62(2): A prisoner’s application for temporary removal can only be approved or declined by the Chief Executive or by persons to whom this power has been lawfully delegated by the Chief Executive.

Authority to set duration and conditions of temporary removals

Section 64: The Chief Executive (or his delegate) must set the duration of any temporary removal.

Any temporary removal is subject to the condition that the person removed must be under the control or supervision of an officer, a staff member, or a probation officer during the period of removal.

A temporary removal may also be subject to any other condition imposed by the Chief Executive (or his delegate).

The Chief Executive has delegated to staff in the Prisons Service the power to impose any additional conditions at their discretion (refer section 10).

Approved purposes for temporary removals

Regulation 29 of the Corrections Regulations 2005 sets out the following purposes for temporary removals, which for ease of reference, have been grouped under three headings:

1. Temporary removals to assist reintegration or rehabilitation.
   • To seek employment (whether directly with a prospective employer or through an agency) or to receive vocational or other training.
   • To attend an agency for assessment or treatment of the prisoner’s rehabilitative or reintegrative needs.
   • If the prisoner’s release is imminent:
     • To visit a department of State or other agency to make arrangements for the prisoner’s release.
     • To obtain from family or friends personal property where this cannot be done by other means and the property is reasonably required before the prisoner’s release.
     • To purchase clothing which is reasonably required before the prisoner’s release.
   • To visit a community facility for educational, cultural, or recreational purposes.
   • To visit a person with whom the prisoner is in a close personal relationship, where the continuation of that relationship is in jeopardy.
   • To attend a religious service or a religious activity.
   • To attend a restorative justice conference.
   • To attend a family group conference.
   • To have a tattoo removed (including any pre-procedure assessments and post-procedure checks).
   • To be involved in a community project, or other reintegrative activity in association with staff or members of service clubs, religious or cultural groups, or other community organisations.
   • To participate in an outdoor pursuit activity.
   • To participate in a sports team, or play sport as a member of a club or team participating in a local competition, or attend a sporting event as a spectator.
2. Temporary removals on compassionate and childbirth grounds.
   • To visit a member of the prisoner’s family, or close friend who is:
     1. seriously ill; or
     2. incapacitated; or 
     3. to accompany and support a seriously ill member of the prisoner's family during medical treatment.
   • To attend the funeral, tangi, or subsequent ceremonial commemoration of the death (for example, the unveiling of a headstone) of a family member or close friend.
   • To meet the needs of the prisoner’s family if the prisoner is seriously ill and unlikely to recover.
   • To enable the prisoner to give birth to a child, or attend the birth of the prisoner’s own child or visit the prisoner’s newborn child.
3. Temporary removals for medical or other treatment / care purposes.
   • To obtain, whether by appointment or otherwise, medical, surgical or dental assessment or treatment that is not available in the prison.
   • To be admitted to hospital for treatment.
   • To allow the mother of a baby, where the baby has been placed with the mother under regulation 170 of the Corrections Regulations 2005, and where the baby subsequently becomes ill and requires attention off-site, to accompany the baby for medical or other treatment/care outside the prison.

Note: PPM A.09.03 does not cover temporary removals for judicial purposes under section 65 of the Corrections Act 2004.

Approval levels for temporary removals

The following table identifies those staff positions with the necessary delegations for approving temporary removals for categories of prisoners subject to certain security classifications (under the Chief Executive’s prisoner management delegations).

Note: The relevant delegation document from the Chief Executive should be referred to, to determine which staff positions in the specified “Delegated Authority Levels” hold the appropriate delegations.

* ”release date” means the final release date (FRD) for those sentenced before 30 June 2002, and the SRD (statutory release date) for those sentenced after 30 June 2002.

Matters to be considered when deciding temporary removal applications

Statutory matters that must be considered

Section 62(3): The Chief Executive (or his delegate) must consider the following matters when making a decision on a prisoner’s temporary removal application:

• Whether the release of the prisoner might pose an undue risk to the safety of the community while the prisoner is outside of the prison.
• The extent to which the prisoner should be supervised or monitored outside the prison.
• The benefits to the prisoner and the community of release in facilitating the reintegration of the prisoner into the community.

Matters that must also be considered when making temporary removal decisions

Guideline: The following matters are also to be considered and taken into account when making a decision on a prisoner’s application for a temporary removal (except for remand prisoners):

• The safety of the public, and of any person or any class of persons including victims registered with the Department of Corrections to receive notification services (VNR) and any known unregistered victims who may be affected by the temporary removal of the prisoner.
• Maintenance of the integrity of the sentence.
  

  Note: A 1998 Crown Law opinion regarding temporary releases under the Penal Institutions Act 1954 stated that “the phrase ‘maintenance of the integrity of the sentence’ is intended to turn the decision maker’s mind to the effect of the temporary release of an offender on the sentence imposed on him or her, having regard to the length of the sentence, its specific purpose and its general purposes, including a public perception of the sentence. The nature of the release sought must also be considered, both the specific release requested and the overall pattern of the releases (if any) which have been granted to this offender.

• The likelihood of the prisoner committing further offences during his / her temporary removal.
• The welfare of the prisoner and any change in their behaviour and / or attitude during the sentence.
• The rehabilitative needs of the prisoner.
• The nature of the offence or offences for which the offender is currently imprisoned.
• Any representations made by the prisoner, whether orally or in writing, and any written submissions made by any other person on the prisoner’s behalf.
• The value of the activity in which the prisoner proposes to engage if temporarily removed in terms of building community relationships that support reintegration e.g. cultural, sport, crafts, community projects / activities / support groups, etc.
• The history of the prisoner’s escapes.
• Information provided by the prisoner in their application relating to conditions of the prisoner’s temporary removal.
• Prisoners who have been identified or have identified themselves as gang members or associates should not be granted temporary removal if there is a likelihood of any involvement with their gang during their proposed temporary removal.
  However, where there are exceptional circumstances involving close family relationships, and where a proposed activity does not involve any gang related activity, approval may be given for a temporary removal if the approving officer is satisfied that any potential contact with gang members or associates can be minimised and / or managed. It must be noted that family relationships in this context do not include relationships based solely on gang affiliations.
• The Prisoner’s sentence management plan.

Matters that must also be considered when making temporary removal decisions about remand prisoners

Guideline: When making a decision on a remand prisoner’s application for temporary removal, only the prisoner’s representations (if any) and any written submissions made by any other person on the prisoner’s behalf, together with information provided in the prisoner’s application, are to be considered and taken into account.