B.11 Prisoner Property (National Policy)

Authority for Policy

Services must also meet the requirements of all other relevant legislation, regulations, relevant Department of Corrections' policies, and such other instructions as may be issued by the Chief Executive from time to time.

Policy Standard

• A prisoner’s personal belongings are handled in an efficient and safe manner with correct records accurately completed on the Integrated Offender Management System (IOMS) and in accordance with statutory requirements.

Performance Standards

Property Register

1. A property register is maintained on the Integrated Offender Management System (IOMS), in which the particulars specified in the Property Register (National Requirement) (B.11.01.R1) are entered in respect of each prisoner.
2. Prisoners must be asked for written acknowledgement of any entry in, or amendment to any existing entry in, the register in respect of their property.

Property on Reception

3. All property received from or found on a prisoner, or received by a staff member on behalf of a prisoner, while that prisoner is being received in a prison, must be thoroughly searched in the presence of the prisoner to enable:
   • the identification of unauthorised items (as in 11 below), or prohibited items (B.11.01.R4), and
   • the separation of authorised property from unauthorised or prohibited items.
4. All property received from or found on a prisoner, or received by a staff member on behalf of a prisoner, while that prisoner is being received in a prison, must be taken from the prisoner or retained by a staff member and:
   • receipted and recorded in the property register, and
   • issued to the prisoner, or stored within one working day; or
   • removed, or retained as evidence, or
   • disposed of reasonably promptly.

Property After Reception

5. All property acquired by a prisoner or received by a staff member on a prisoner’s behalf must be thoroughly searched in the presence of another staff member, to enable the identification of unauthorised items (as in 11 below), or prohibited items (B.11.01 R4), and must be:
   • receipted and recorded on the property register, and
   • issued to the prisoner, or stored within one working day, or
   • removed, or retained as evidence, or
   • disposed of reasonably promptly.

Property on Transfer/Property on Reception following Transfer

6. If a prisoner is to be transferred from one prison (the first prison) to another prison or place, the Prison Manager of the first prison must take all practicable steps to ensure that, before the transfer takes place:
   • The prisoner’s property is checked against the property register in IOMS; and
   • The prisoner is asked to check the relevant entries in the register and sign a written acknowledgement of the property to be transferred.
   • All property items must have their status changed to “in transit” on IOMS.
7. The property is transferred in accordance with the Transfer of Property to another Prison or Place Requirement (B.11.01.R7)
8. The transfer of a prisoner’s property that includes a television is managed in accordance with the procedures outlined in (B.11.01.R7), including the completion of form (B.11.01.F1).
9. All property received on transfer is checked against the IOMS property register.
10. All items must then have their status updated on IOMS. No items are to be left with the status of “in transit”.

Unauthorised Items

11. The definition of unauthorised item (section 3 of the Corrections Act 2004) is:

12. Unauthorised items located and removed are managed in accordance with the provisions of B.12.03 Handling Exhibits and B.15.01.R7 Prisoner Property Search.

Authorised Property

13. Refer to PPM B.18 Cell Standards.

Prohibited Items

14. Refer to National Requirement B.11.01.R4.

National Body Piercing Policy

15. Prisoners can only wear one pair of plain stud earrings.
16. Prisoners who are “At Risk” may be required to remove all body piercings for safety reasons.
17. Prohibited body piercings or adornments must be removed and stored separately from other property (in accordance with B.11.01.R2).
18. Prisoners who refuse to remove prohibited body piercings (i.e. any piercings in excess of the permitted one pair of plain stud earrings) can be charged with a disciplinary offence.

Issued Property

19. Authorised property is not issued to a prisoner unless the prisoner acknowledges in writing that he or she accepts full responsibility in accordance with the Standard Conditions of Issue and Transfer of Issued Item Requirement (B.11.01.R3)

Stored Property

20. A prisoner who is issued with, or acquires any authorised property may ask the Prison Manager to store it.
21. A prisoner who has stored property is asked to acknowledge that the liability of the Crown for any loss of, or damage to, that stored property is limited to a maximum amount of $400 per item. (Refer B.11.01.F2)
22. A copy of the prisoner’s written acknowledgement (B.11.01.F2) is given to the prisoner with the IOMS Offender Receipt, and a copy of both documents are retained on the prisoner’s file.
23. If the prisoner refuses to sign an acknowledgement that the liability of the Crown for any loss of, or damage to, an item of stored property is limited to a maximum of $400, the Prison Manager may require the prisoner, at the prisoner’s expense, to arrange for the item to be removed from the prison.
24. Non-issued property is managed in accordance with the Packaging, Labelling and Storage of Non–Issued Property Requirement (Refer B.11.01.R2).

Access to and Inspection of Stored Property

25. Access to the area of a prison where property is stored, must be restricted to designated staff members.
26. A prisoner may inspect his or her items of stored property after transfer, within one month of his or her release, and at any other time with the approval of the Prison Manager.

Disposal and Destruction of Prisoner Property

27. An item of prisoner property may be destroyed or disposed of in a manner approved by the Prison Manager if the Prison Manager considers the item be:
    • A dangerous item or substance;
    • A health hazard;
    • Inflammable;
    • Intoxicating liquor;
    • A controlled drug (within the meaning of the Misuse of Drugs Act 1975)
    • Objectionable
    • Perishable.
28. An item of prisoner property may be destroyed or disposed of in a manner approved by the Prison Manager if the Prison Manager requires the item to be removed from the prison and the prisoner whose property it is fails to comply with that requirement reasonably promptly.
29. Any destruction of a prisoner’s property must be carried out in the prisoner’s presence unless destruction in his or her presence is dangerous or impractical or the prisoner cannot be identified or located. Any destruction of property must be recorded on the Integrated Offender Management System (IOMS).
30. When prisoner property or property not claimed as prisoner property has been seized and ordered to be forfeit and destroyed in relation to an offence proven at a disciplinary hearing by either a Visiting Justice or Hearing Adjudicator, the forfeit item is to be destroyed or disposed of in a manner approved by the Prison Manager. Any destruction of property must be recorded on the Integrated Offender Management System (IOMS).

Property Retained as Evidence

31. If any prisoner property in a prison is or may be evidence of a disciplinary or criminal offence, the Prison Manager may seize it; but must then:
    • retain it until it is decided whether the prisoner whose property it is, is to be charged with a disciplinary or criminal offence; or
    • deliver it to the appropriate enforcement officer.

Property Believed to Have Been Obtained by Unlawful Means

32. If a prisoner's property is believed to have been obtained by unlawful means then it must be:
    • Brought to the attention of the Police.
    • Formally receipted, recorded on the property register and stored in such a way as to distinguish the item(s) from other property.
    • Retained in storage until disposal is determined by the Police or Prison Manager on completion of any action or inquiries in consultation with or notification provided to the prisoner as appropriate.

Property that is Not Immediately Processed

33. If property is not able to be immediately processed it is placed in secure storage at the prison's risk, and fully processed within one working day.

Visitors bringing in Prisoner Property

• Prisoners requesting property to be brought in by visitors will request a Property Request Approval Form (B.11.01.F3) from their unit officer.
• Prisoner will correctly complete the form:
  • Provide a full description and details for the item(s) requested and pass the complete form to unit staff.
• Unit staff will ensure all relevant details of the Property Request Approval Form are completed and accurate:
  • Staff must check Prisoner's current approved property list against the cell standards entitlements to ensure the request does not exceed entitlements
  • Hand form to Unit Manager or delegate for consideration.
• Unit Manager or delegate will consider that property request:
• If Approved, sign form and hand form to appropriate officer as per Local procedures.
• On receipt of the approved property, the Property Officer will:
  • Check with items described on the Property Request Form.
  • Receipt property items received.
  • Update Property Register on IOMS.
  • Issue property item(s) to the Prisoner.
• Prisoner signs the form on receipt of the property item(s) and form is placed in Prisoner's file.