M.01.04 Specific segregation directions

  1. The Corrections Act 2004 allows for five specific segregation directions:
    1. for the security or good order of the prison (section 58(1)(a))
    2. for the safety of another prisoner or person (section 58(1)(b))
    3. for the purpose of voluntary protective custody (section 59(1)(a))
    4. for the purpose of directed protective custody (section 59(1)(b))
    5. to assess or ensure the prisoner’s physical or mental health (section 60).
  2. Which subsection is applicable needs considering in each particular case. For example, if the prisoner uses physical force on another person, it may be more appropriate to segregate him or her under section 58(1)(b) rather than under section 58(1)(a). This will depend on the level of risk the prisoner presents to the safety and well-being of that other person.
  3. Where the prisoner has been segregated under section 58(1) and their behaviour continues to present difficulties for management the prisoner's security classification should be reviewed. If the prisoner's behaviour is of concern to the ongoing security, good order, or safety of the prison, or if the safety of another prisoner or another person would continue to be endangered, the new security classification should reflect the increased internal risk. This may warrant the prisoner being managed in a more restrictive environment on a more permanent basis, as opposed to continued periods of segregation.

M.01.04.01 Security or good order of the prison (section 58(1)(a))

  1. Segregation for the security or good order of the prison is made under section 58(1)(a) of the Corrections Act 2004.
  2. The prison director must ensure that a direction to segregate a prisoner for the purpose of security or good order of the prison, and any recommendation to continue such a direction is logically robust, evidence-based, and can withstand scrutiny.
  3. The prison director may direct that the opportunity of a prisoner to associate with other prisoners be restricted or denied if in his or her opinion the security or good order of the prison would otherwise be endangered or prejudiced.
  4. Copies of all documents including Confirmation of Minimum Entitlements for a Prisoner Who is on Segregation, Prison Director's Notification and management plan must be given to the prisoner.
  5. No prisoner directed to segregation is to remain subject to a segregation direction beyond the expiry date of the current term of approval for that segregation direction.
  6. Prisoners who are subject to a segregation direction that has expired must be immediately removed from segregation on the expiry of the direction.
  7. Regardless of the specified period, the prison should manage the prisoner off the segregation at the earliest opportunity.
  8. The direction for segregation expires after 14 days unless, before it expires, the senior advisor to regional commissioner directs that it continues in force.
  9. A recommendation to continue the segregation direction beyond 14 days for up to one month from the start date of segregation must reach the senior advisor to regional commissioner before the 14-day expiry date.
  10. The direction must, if it continues beyond 14 days, be reviewed by the senior advisor to regional commissioner at intervals of not more than 1 month, and expires after 3 months unless a Visiting Justice directs that it continue in force.
  11. A recommendation to continue the segregation direction beyond 1 month for up to 2 months from the start date of segregation must reach the senior advisor to regional commissioner at least 7 days before the 1-month expiry date.
  12. A recommendation to continue the segregation direction beyond 2 months for up to 3 months from the start date of segregation must reach the senior advisor to regional commissioner at least 7 days before the 2-month expiry date.

Note: Prisoner segregation because of suspicion of concealing item procedures deleted in their entirety (reference to new procedures included under M.01.04.06 Medical Oversight (section 60).

M.01.04.02 Safety of another prisoner or person (section 58 (1)(b))

  1. Segregation for the safety of another prisoner or person is made under section 58(1)(b) of the Corrections Act 2004.
  2. The prison director may direct that the opportunity of a prisoner to associate with other prisoners be restricted or denied if in his or her opinion the safety of another prisoner or another person would otherwise be endangered.
  3. No prisoner directed to segregation is to remain subject to a segregation direction beyond the expiry date of the current term of approval for that segregation direction.
  4. Prisoners who are subject to a segregation direction that has expired must be immediately removed from segregation on the expiry of the direction.
  5. Regardless of the specified period, the prison should manage the prisoner off the segregation at the earliest opportunity.

M.01.04.03 Protective custody (section 59)

  1. Segregation for protective custody is made under section 59 of the Corrections Act 2004. This segregation may be:
    1. requested by the prisoner (voluntary protective custody) or
    2. directed on the initiative of the prison director (directed protective custody).
  2. Where possible, prisoners subject to a segregation direction for the purpose of protective custody, whether voluntary or directed, must be detained in units separate from general prison population.

M.01.04.04 Voluntary protective custody (section 59(1)(a))

  1. Segregation for voluntary protective custody is made under section 59(1)(a) of the Corrections Act 2004.
  2. A prisoner may requests segregation for protective custody and the prison director may direct it if he / she considers that it is the only way to ensure the prisoner’s safety and it is in the best interests of the prisoner.
  3. If the prison director directs segregation for protective custody in response to a prisoner's request, the prisoner is required to give written consent to confirm his / her consent, and no prisoner is to be placed into voluntary protective custody without the prisoner's consent.
  4. The prisoner must be advised they may withdraw their consent to voluntary protective custody at any time and that they can return to the general prison population. However, the prison director may direct the prisoner to remain under directed protective custody in which case the prisoner’s consent is not required.
  5. The prisoner should make the request to withdraw from voluntary protective custody in writing. However, any oral request to withdraw from it must also be acted upon. This oral request must be observed by two officers and a record of it noted and signed by the two witnessing officers.

M.01.04.05 Directed protective custody (section 59(1)(b))

  1. Segregation for directed protective custody is made under section 59(1)(b) of the Corrections Act 2004.
  2. The prison director may direct segregation for protective custody if he / she is satisfied that the safety of the prisoner has been put at risk by another person and that there is no other reasonable way to ensure the prisoner's safety.
  3. Copies of all documents including Confirmation of Minimum Entitlements for a Prisoner Who is on Segregation, Prison Director's Notification and management plan must be given to the prisoner.
  4. No prisoner directed to segregation for the purpose of protective custody is to remain subject to a segregation direction beyond the expiry date of the current term of approval for that segregation direction.
  5. Prisoners who are subject to a segregation direction that has expired must be immediately removed from segregation on the expiry of the direction.
  6. Regardless of the specified period, the prison should manage the prisoner off the segregation at the earliest opportunity.
  7. The direction expires after 14 days unless, before it expires, the senior advisor to regional commissioner, directs that it continue in force.
  8. The direction must, if it continues beyond 14 days, be reviewed by the senior advisor to regional commissioner, at intervals of not more than 3 months.
  9. A recommendation to continue a segregation direction beyond 3 months and any subsequent recommendation to further continue the direction must reach the senior advisor to regional commissioner, at least 7 days before the expiry date of the segregation direction.

M.01.04.06 Medical oversight (section 60)

  1. Segregation for medical oversight is made under section 60 of the Corrections Act 2004.
  2. The prison director may direct segregation for medical oversight if the health centre manager of the prison recommends that this is desirable for either or both of the following reasons:
    1. in order to assess or ensure the prisoner's physical health: (If the prisoner is suspected of internally concealing an unauthorised item refer to POM M.05.04 Managing prisoners suspected of internal concealment of unauthorised item(s))
    2. in order to assess or ensure the prisoner's mental health (including, without limitation, the risk of self-harm).
  3. Before a health centre manager makes a recommendation under paragraph 2 above, that relates to a matter outside his or her scope of practice, he or she must consult a medical practitioner whose scope of practice* includes that matter.
  4. A segregation direction for medical oversight continues in force while the prisoner continues to be detained in prison unless the prison director or senior advisor to regional commissioner, revokes it.
  5. The prison director may not revoke a direction for segregation for medical oversight, unless the health centre manager of the prison advises that there has ceased to be any justification for the direction.
  6. While a direction is in force, unless the health centre manager of the prison directs otherwise, the prison director must ensure that a registered health professional visits the prisoner at least once a day, or if the prisoner is assessed to be at-risk of self harm, at least twice a day.
  7. Where a prisoner who is, or may be, at risk of self-harm is subject to a segregation direction, a suitable registered health professional must keep written notes of each visit to the prisoner and arrange for those notes to be placed on the prisoner's medical record.
  8. The health centre manager of the prison must visit the prisoner within 24 hours of the notification.
  9. The health centre manager of the prison must record any recommendation for segregation for medical oversight, or that segregation is no longer justified, in the medical records of the prisoner concerned, and arrange for a copy of any report to be put in the medical records of the prisoner.
  10. After visiting the prisoner, the health centre manager of the prison must:
    1. recommend to the prison director:
      1. whether or not the prisoner should be denied access, or continue to be denied access, to all or any of the prisoner's minimum entitlements
      2. whether or not the prisoner should be denied access to any other item
    2. record the recommendation on the prisoner's prison record.


Note:

* Scope of practice has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act 2003.

A registered health professional is defined by section 3(1) of the Corrections Act 2004 as a health practitioner who is, or is deemed to be, registered with an authority established or continued by the Health Practitioners Competence Assurance Act 2003 as a practitioner of a particular health profession. This would include a nurse employed or engaged by the Department.

M.01.04.07 At-risk prisoners may not require segregation

  1. Prisoners who are accommodated in an at-risk unit are able to associate with other prisoners in the unit under the unit's routines, and may not require further segregation.
  2. A direction for segregation is only required when a prisoner is either denied association with other prisoners altogether or is subject to a more restrictive routine (in terms of ability to associate with other prisoners) than the normal unit.

M.01.04.08 Time out

  1. Time out is the process by which the prisoner is allowed to withdraw from associating with other prisoners for a period of up to three hours.
  2. The prisoner may requests the initial time out period and it should only be approved if it is considered to be in the best interest of the prisoner.
  3. Staff must use M.01.04.Form.01 Time out to clearly document in writing all the steps of the time out process.
  4. Hourly checks must be completed to determine whether the prisoner requests the time out to continue for another hour or if they want to withdraw from it.
  5. Time out ceases to apply when the prisoner withdraws from it.
  6. Time out automatically ends after three hours.
  7. Upon expiry of the three hour maximum period, the prison director may give a direction for segregation for protective custody without the prisoner’s consent.
  8. If a further direction for segregation for protective custody is authorised, a copy of this authorisation must be attached to the M.01.04.Form.01 Time out.
  9. A review of the M.01.04.Form.01 Time out must be completed by the PCO before placement on the prisoner’s file.
  10. No staff member can approve a further period of time out for the same prisoner within any 24 hour period.
  11. Consultation with the PCO must take place before any subsequent time out period is approval for the same prisoner, to allow monitoring and investigation of any pattern of requests.

M.01.04.09 Request for revocation of directed segregation

  1. A prisoner segregated under Section 58 of the Corrections Act may request that the segregation be revoked at any time by the Chief Executive or a Visiting Justice pursuant to Section 58 3 (b).
  2. To enable this request, the IOMS Interview / Complaints process is to be used to register, monitor and record the request, actions and results.
  3. Section A of the Interview / Complaints screen is completed as normal by registering the request for segregation revocation (this should be done immediately a verbal or written request for review is received from the prisoner). Staff should use category ‘Prisoner Discipline and Misconduct’ and sub-category ‘Segregation’.
  4. Section B of the Interview / Complaints screen is completed by the PCO who makes a referral to the regional senior advisor within 24 hours of the request being registered on IOMS. The PCO advises the regional senior advisor via email that a request has been received and forwards all relevant material to the senior advisor (including segregation forms, management plan and any other incident / misconduct and file note material).
  5. On receipt of the revocation request, the senior advisor will assess and determine if there continues to be a reason for segregation. If there is no reason, the senior advisor will inform the prison director to revoke the direction. The senior advisor will complete Section C of the IOMS Interview / Complaints screen and close the Interview / Complaint request.
  6. If the senior advisor assesses that the direction should remain in force, they must send all the material for Visiting Justice consideration. The material (as defined in 4 above) should be scanned and sent to your local Court for the attention of your Visiting Justice (check with prison Prosecutor for name and Court supplying VJ).
  7. Once the Visiting Justice has advised the result of their review, the senior advisor will notify the prison director, update Section C of the IOMS Interview / Complaints with the result and close off the Interview / Complaints request.
  8. If the Visiting Justice review decision is to revoke, the prison director will arrange for the revocation of the segregation immediately on being advised by the regional senior advisor.