D.14 Prisoners who have or appear to have a Communication Difficulty in English (National Policy)

Authority for Policy

• Corrections Regulations 2005, Regulations 161(b), & 184 -188
• Corrections Act 2004, Sections 6, 42, 49, 79, 80, 154(2) & 164

Policy Standard

• Prisoners who have or appear to have a communication difficulty in the English language are managed in a manner which recognises their special needs.

Performance Standards

1. Each prisoner is assessed to identify their competency in communicating in English as part of the development of their sentence plan.
2. Sentence plans address the needs of prisoners who have or appear to have a communication difficulty in English.
3. Each prisoner who is a citizen of another country, is given, in writing, advice that they may inform a consular representative of their detention, and, may forward any correspondence to a representative without delay.
4. Wherever possible, a corrections officer selected to assist a prisoner to develop their sentence management plan can speak the prisoner’s first language.
5. Recognition and support for the cultural significance of language is provided.
6. Prisoners awaiting deportation or removal from New Zealand are supported to obtain a level of English sufficient to allow participation in prison activities.
7. Prisoners are supported to obtain a level of English sufficient to enable them to communicate unassisted within the prison and to promote their successful reintegration into society upon release.
8. A prisoner’s language needs are recognised and taken into account when deciding on whether or not they will be transferred.
9. Prisoners who have or appear to have communication difficulties in English are provided with information regarding all aspects of prison processes in a way that is understandable to them.
10. Particular emphasis should be given to ensuring that prisoners who have or appear to have a communication difficulty in English receive clear and understandable information about their sentence, in particular their eligibility for parole (if applicable) and release date.
11. Access to prison services and activities is not restricted by a prisoner’s difficulty with the English language.
12. Prisoners who have or appear to have difficulty with English are provided with an accredited interpreter and access to translation services when preparing to appear, and appearing, at any internal hearing (e.g. disciplinary proceedings, interviews with outside agencies).
13. Prisoners and staff are afforded access to accredited interpreters and translation services where necessary to perform official requirements.
14. Education in the English language to prisoners who have difficulty communicating in English is provided by qualified personnel.
15. Prisoners are escorted by personnel from their preferred language group wherever possible.
16. The management of prisoners who have or appear to have a communication difficulty in English emphasises the necessity of maintaining and enhancing the prisoner’s contact with people who speak their preferred language.
17. All prisoners’ rights are protected irrespective of their ability to speak and understand English.
18. External communication in a language other than English is not withheld from the prisoner solely because it is not in English.
19. Prisoners are permitted to communicate or read publications in any language so long as prison safety and security is not compromised.
20. Any prisoner correspondence in a language other than English may be translated before distribution if there is a concern that the contents indicate a threat to the safety or security of the prison or any person.
21. Appropriate training and support is provided to all staff working with prisoners who have or appear to have difficulty in communicating in English.
22. The prisoner’s Unit Manager shall ensure that the relevant probation officer is informed of a prisoner’s language needs as part of their pre release planning.