B.15.01.R12 Management of Prisoners Who Are Suspected of Internally Concealing Unauthorised Item/s (National Requirement)

Authority for Search

Strip searches of prisoners who are suspected of concealing unauthorised item/s must be undertaken as per B.15.01.R5

Immediate Actions

1. When a prisoner is suspected of internally concealing an unauthorised item by a Corrections Officer there is not to be any attempt to remove an internally concealed item from a prisoner, regardless of whether the article is visible, or only partially concealed.
   
   The immediate actions to be taken by Corrections Officers are as follows:-
   • Ensure that the prisoner is isolated from other prisoners and kept under constant visual supervision
   • Order the prisoner to keep his/her hands away from their body – reasonable force may be used if the prisoner attempts to disobey this order (no more force than is reasonably necessary in the circumstances)
   • Ensure that the prisoner is removed to a dry cell where he/she will be held under segregated conditions.

Management of prisoner in Dry Cell

1. The prisoner is ordered to remove any concealed item and hand it over to Corrections staff. If prisoner complies with the order the article is to be exhibited in accordance with PPM B12.03
2. If prisoner does not comply with the order the following process is to be followed:-
   • Place the prisoner in a dry cell, pursuant to reg 64 Corrections Regulations 2005. A dry cell must not have a toilet or running potable water or a modesty screen.
   • The prisoner’s clothing is to be withdrawn and canvas gown issued – the prisoner may be permitted to wear his/her own underwear.
   • Maintain observations at intervals of not more than 15 minutes (physical sightings – cameras may only be used as an enhancement to physical observations). If it is practicable to observe the prisoner constantly this should be implemented. Where possible the prisoner is also to remain under camera observation.
   • An application for a Segregation for the Purpose of Security, Good Order or Safety is to be completed and authorised by Manager Custodial Systems or Prison Manager, in accordance with PPM B.20 National System.
   • The form entitled Prison Manager’s Notification to the Prisoner of the Prisoner’s Placement on Segregation is to be completed and given to the prisoner as soon as practicable and at least within 6 hours of the segregation direction being made, in accordance with PPM B.20 National System.
   • The form entitled Confirmation of Minimum Entitlements for Prisoner who is on Segregation must be completed and given to the prisoner at the same time as the Prison Manager’s Notification to the Prisoner of the Prisoner’s Placement on Segregation form in accordance with PPM B.20 National System.
   • A management plan must be completed for the prisoner that clearly identifies the conditions under which the prisoner will be detained and the minimum entitlements that are to be denied. (Section 69(2)(c) provides for the denial of 1 or more of the minimum entitlements if – the health or safety of any person is threatened. This would apply to a person who is suspected of internally concealing an unknown item).
   • Inform a Medical Officer that the prisoner is being confined to a dry cell and is subject to a segregation direction for the purpose of security, good order or safety. The medical officer must be informed of the reasonable grounds for the prisoner’s confinement in a dry cell.
   • Ensure that the prisoner is visited by a health professional at least once a day who will keep written notes of each visit that are placed in the prisoner’s medical record.
   • Whilst confined to a dry cell the prisoner is not to have any water or other liquids available in the cell. Drinks will be given to the prisoner by custodial staff who will supervise the drinking of the water or other liquid and remove the cup immediately.
   • Supervise the prisoner’s toileting requirements (by officer of the same gender as the prisoner) and remove the potty or bucket immediately after toileting. The bucket or potty must not be left in the dry cell. In order to prevent a prisoner from re-inserting an item whilst toileting the prisoner must be directed to keep his/her hands clearly in sight of the custodial staff at all times (handcuffs may be necessary, in accordance with section 83 of the Corrections Act 2004 ). Once the potty or bucket is removed the prisoner will be provided with toilet paper for cleaning purposes. The prisoner will also be permitted to wash his/her hands after toileting (It may be more practical to use antiseptic wipes for this purpose).
   • The prisoner will only be permitted to shower under the direct observation and supervision of a Corrections Officer of the same gender and at convenient times considering the needs of the unit.
   • Finger food only will be provided to the prisoner and consumption supervised by custodial staff.
   • If a prisoner voluntarily hands over an unauthorised item whilst confined to a dry cell the article must be exhibited in accordance with B.12.03 Exhibits Management (National System)
   • The prisoner may then be subject to provisions of the Misuse of Drugs Act 1975, or the Corrections Act 2004 with respect to section 128 – Offences by prisoners, dependent upon the nature of the unauthorised item.
   • When the segregation direction is revoked the prisoner’s management plan must be reviewed to take into account the changed circumstances.

Minimum Entitlements

3. During the period of segregation the prisoner is entitled to have access to the Office of the Ombudsmen, Inspector of Corrections, and their legal adviser (section 86, Corrections Regulations 2005). Telephone calls are to be requested by the prisoner and placed by unit staff as soon as possible, taking into consideration the needs of the unit.

Private Visitors

4. Private visitors will not be permitted whilst a prisoner is segregated in a dry cell when reasonably suspected of internally concealing an unknown item (section 69(2), Corrections Act 2005).

Statutory Visitors

5. Visits to the prisoner from the Office of the Ombudsmen,  Inspector of Corrections, or any other statutory visitor pursuant to section 94,Corrections Act 2004, or the prisoner’s legal adviser will be arranged by unit custodial staff.

Roles and Responsibilities

Prison Manager

1. May approve the strip search of a prisoner where an officer has advised that he/she has reasonable grounds for believing that the prisoner is internally concealing an unauthorised item.
2. Approves Segregation for the Purpose of Security, Good Order, Or Safety, including the prisoner’s segregation management plan
3. Receives advice from a Medical Officer concerning the cessation of justification for continued segregation.
4. Revokes segregation when there has ceased to be any justification for continued segregation

Unit Manager

1. May approve strip search of the prisoner where an officer has advised that he/she has reasonable grounds for believing that the prisoner has an unauthorised item in their possession.
2. Ensures that the prisoner is managed appropriately in a dry cell, in accordance with legislative requirements.
3. Monitors the management of necessary documentation, including segregation order, segregation management plan and prisoner file notes.
4. Maintains regular contact with the Medical Officer and Unit staff regarding prisoner management.

Medical Officer/Health Professional

1. A Medical Officer or health professional must visit the prisoner at least once a day and keep written notes of each visit that are placed in the prisoner’s medical record.
2. A medical officer or health professional must advise the prisoner of the possible risks to his/her health if they are concealing an item that may put their physical health at risk (e.g. drugs that may be absorbed into the bloodstream or a weapon that may cause internal damage) and complete documentation to confirm this (Form: B15.01.F3 - Advice To Prisoner). This confirmation is to be placed on the prisoner’s medical record.
3. A medical officer must advise the manager in writing, as soon as he or she believes that there has ceased to be any justification for continuing to deny or restrict the opportunity of the prisoner to associate with other prisoners.