D.02.02 Young Prisoners Sentenced and Transferred to CYFS Residences

Authority For Policy

Criminal Justice Act 1985 sections 142 & 142A.
Corrections Regulations 2005
Children, Young Persons, and Their Families Act 1989, sections 364, 368.
Children and Young Persons (Residential Care) Regulations 1996.
Agreement on matters relating to children and young persons between the Department of Corrections and the Department of Child, Youth and Family Services Services-Part 4, 4.1-4.13.

Target Population

Vulnerable sentenced youth aged 14-16 years (inclusive) transferred to CYFS residence under s142A of the Criminal Justice Act 1985. (CJAct)

Policy Standard

The transfer of youth prisoners aged 14-16 years to a Department of Child, Youth and Family Services Residence and the operational management of those prisoners meets legislative requirements. The transfer is also to be in accordance with Department of Corrections’ policy and the Agreement on matters relating to children and young persons between the Department of Corrections and the Department of Child, Youth and Family Services (“the Agreement”).

Performance Standards

The Chief Executive of the Department of Corrections or his/her delegate and the Chief Executive of the Department of Child, Youth and Family Services or his/her delegate (National Manager Residential and Caregiver Services) approve a prisoner's transfer.
All prisoners serving a sentence of imprisonment in a Department of Child, Youth and Family Services Residence under section 142A of the CJAct, are jointly assessed and their sentence managed by delegated officers of the residence and the local prison.
A joint case/sentence management meeting is convened as soon as possible following the young prisoner's reception into a residence.
All legal requirements specific to Department of Child, Youth and Family Services are incorporated into the sentence management plan.
The management of a prisoner serving a sentence of imprisonment in a Child, Youth and Family Services Residence is consistent with the provisions of the CJAct and the Corrections Regulations 2005, with such modification as necessary. These are outlined in the Agreement.
The personal details of a prisoner are documented and entered by the local prison on the IOMS database.
Ongoing liaison is maintained by all parties responsible for the management of the young prisoner.
The cancellation of a transfer is approved by the Chief Executive of the Department of Child, Youth and Family Services or his/her delegate (National Manager Residential and Caregiver Services) after consultation with the Chief Executive of the Department of Corrections or his/her delegate.
Following the cancellation or expiry of a transfer, the destination prison of the youth prisoner is determined by local prison management.
The transfer to, or from Child Youth and Family Residence of a youth prisoner is managed by local prison staff.
An application for a prisoner's temporary release from custody is managed in line with the current prison temporary releases criteria and delegations.
The Prison Manager hears a prisoner's disciplinary charges in accordance with prisoner disciplinary policy and procedures where requested to do so by the Department of Child, Youth and Family Services Residence Manager.

Admissions Process

All prisoners who are sentenced to serve prison sentences and who are eligible to be considered for a section 142A of the CJAct transfer, should in the first instance be processed for admission to a receiving prison. This will ensure that all correct paperwork is completed.
A National Office Operations Adviser must be notified of the reception of all prisoners aged 14-16 years. If sentenced, a recommendation for the placement of the prisoner should be made as per the National System – Placement Assessment for CYF Criminal Justice Units.
The National Office Operations Adviser is to facilitate the application to the Chief Executive of the Department of Child, Youth and Family Services or his/her delegate (National Manager Residential and Caregiver Services) with the agreement of the Chief Executive of the Department of Corrections or his/her delegate (General Manager Public Prison Services) if a recommendation for transfer to a Child Youth and Family Residence is made.
Where a prisoner is being transferred to a Child Youth and Family Residence under s142A of the CJAct in a different region from the receiving prison, they must first be transferred to a prison in the same region as the residence they will reside in. This will ensure that the local prison is aware that the young prisoner is in their area, that joint casework responsibility is established, and that all paperwork is completed as required.

Post-Sentencing Provisions

Section 142A of the CJAct permits (but does not require) young prisoners to serve all or part of their sentence of imprisonment in an approved Child, Youth and Family Services Residence.
All young prisoners under 14 years-old sentenced to imprisonment are to be referred for placement in a Child, Youth and Family Services Residence.
The provisions of the Corrections Regulations 2005 and the CJAct will continue to apply, with such modifications as are necessary, to any young prisoner who is detained in any Residence.

Applications Under Section 142A CJAct

Applications for the transfer of a young prisoner under section 142A of the CJ Act can be made by the Chief Executive of either Department or his/her delegate.
Where Child, Youth and Family Services seeks such a transfer, the Chief Executive, or his/her delegate, must negotiate directly with the Chief Executive of Corrections, or his/her delegate, who is the General Manager Prison Services.
Where Corrections seeks such a transfer, the application should be forwarded, in the first instance, to the Chief Executive of Child, Youth and Family Services, or his/her delegate, who is the National Manager Residential and Caregiver Services.
All applications for transfers will be jointly assessed by the Chief Executives (or their delegates), with careful consideration given to

the length and nature of the young prisoner’s sentence
the nature of the young prisoners offences
any recommendation made by the Sentencing Judge
reasons offered as to why the young prisoner should serve all or part of their sentence in an approved Child, Youth and Family Services Residence
the wishes of that young prisoner, and those of their family/whanau
the ability of Child, Youth and Family Services to safely manage and detain that young prisoner within an approved Child, Youth and Family Services Residence
the capacity of Child Youth and Family Service to provide this service
the ability of Corrections to safely manage and detain that young prisoner in a prison.

Expiry of Transfer Agreement

The agreement that a young prisoner will serve all or part of their sentence of imprisonment in a Child, Youth and Family Services Residence expires on the earliest of any of the following events:

the young prisoner completes their sentence of imprisonment, or
the young prisoner turns 17 years of age and may be returned to a prison, or
both Chief Executives agree that the young prisoner should be returned to penal custody.

Cancellation of Transfer Agreement

The agreement that a young prisoner will serve all or part of their sentence of imprisonment in a Child, Youth and Family Services Residence can be cancelled by the Chief Executive of Child, Youth and Family Services, after consultation with the Chief Executive of Corrections, if that child or young person proves to be unmanageable or a serious threat to other residents. Any cancellation must be in accordance with arrangements agreed between the National Manager, Residential and Caregiver Services (Child Youth and Family) and the General Manager Prison Services (Corrections).
Where such an agreement is cancelled, the young prisoner will then be transferred in the first instance to a prison in the same region as the Residence, pending a decision by Corrections about the offender’s placement and on-going management. Where possible a subsequent transfer will be to a prison near to the child's or young prisoner’s home community.

Sentence Management

Where approval has been given for a young prisoner to serve all or part of their sentence of imprisonment within a Child, Youth and Family Services Residence, that young prisoner remains in the legal custody of the relevant prison Prison Manager.
The day-to-day control and management of the child or young prisoner while in a Residence rests with the Manager of the Residence in consultation with the Prison Manager of the prison from which the prisoner has been transferred.
To give effect to this, a joint case management meeting must be convened as soon as possible following the young prisoner’s admission to the Residence. Central to the process of joint case management will be the preparation of a sentence management plan and the administration of the provisions of the Corrections Regulations 2005 and the Criminal Justice Act 1985. Agreement must be reached on the following provisions:

the calculation and review of the young prisoner’s Parole Eligibility Date and/or Final Release Date
the calculation and review of the young prisoner’s security classification
the calculation and administration of the young prisoner’s temporary release entitlements
the administration of the young prisoner’s pre-release and post-release requirements
the administration of any disciplinary procedures in relation to the young prisoner.

The Manager of the Residence will notify the prison Prison Manager;

- of any serious incident involving a young prisoner, including escape, suicide, attempted suicide or self-harm, death, assault on staff or other young person in the Residence, any hospitalisation or injury and any other event or circumstance which may attract public criticism or media attention.

The reporting of serious incidents under clause 4.6.4 of the Agreement will be in accordance with PPM E.08 Incidents, and the Department of Corrections' National System Incident Reporting in Prisons, namely:

within two (2) hours of the incident (if within office hours); or
by 10 am the next working day (if outside of office hours).

Escorting

Where the inter-departmental agreement permits a young prisoner to serve all or part of their sentence of imprisonment in a Child, Youth and Family Services Residence, it is the responsibility of Corrections to deliver that young prisoner, along with the young prisoner’s Warrant of Commitment, to the Manager of the Residence.
While the young prisoner is in the Residence, escorting to meet particular needs such as medical or dental treatment will be the responsibility of the Residence. The prison responsible for the young prisoner should be consulted, where practicable, on any procedural matters, and otherwise informed if that need occurs.
A young prisoner in a Residence may be granted a temporary removal (escorted outing) for:

compassionate, educational or other reasons; and
for judicial purposes (e.g. further court appearances and New Zealand Parole Board appearances).

Approval for such a temporary removal (escorted outing) must be obtained from the relevant Prison Manager.
The prison must also be consulted on the procedure for such a temporary removal (escorted outing).
Where a young prisoner is considered a security risk, issues regarding security escorts will be discussed with the relevant Prison Manager.

Temporary Releases

A young prisoner who has been sentenced to imprisonment but is serving some or all of the imprisonment in a Child, Youth and Family Residence, having been transferred under section 142A of the CJAct, may in some situations be given temporary release. Authority must be obtained from the person with the delegated authority to approve the temporary release and the Manager of the Residence where the young prisoner is to be placed must agree.

Financial Responsibilities

All usual costs associated with the detention of a young prisoner living in a Child, Youth and Family Services Residence under the conditions of the Agreement will be met by Child, Youth and Family Services, except where the young prisoner arrives at the Residence with a pre-existing condition.
Where a ‘Warrant of Commitment to Imprisonment’ specifies a particular condition or conditions which must be met while the young prisoner is in prison, and the condition or conditions incur significant costs, these will be the subject of negotiation at the initial case management meeting.
Extraordinary costs related to a young prisoner subject to a Section 142A transfer, that are outside the parameters of ‘everyday costs’, including escorts for compassionate, educational or other reasons, will be negotiated on a case by case basis as part of the case management meeting, or as an ongoing negotiation between case managers when those “extraordinary costs” arise.
Costs associated with escorting young prisoners for judicial purposes (e.g. further court appearances and New Zealand Parole Board appearances) will be met by Corrections.

Prison Inspectors

All young prisoners who are transferred to a Child, Youth and Family Services Residence under section 142A of the CJAct will have access to a Prison Inspector, and Prison Inspectors will be entitled to have physical access to such young prisoners in the Residence and all relevant staff and records.

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