I.03 Sentence administration
These procedures ensure that receiving office staff collect and enter the required prisoner details into both a manual register and into IOMS. Resources are provided to help calculate sentence dates.
I.03.01 Manual recording of prisoner's detail at reception
- Receiving office staff must maintain a manual register to enable access to essential information when the computer is not available. This register can take the form of the current Receptions Register or an A4 size book or similar record.
- Receiving staff must update the manual register (in addition to IOMS database) with the following information on the prisoner’s arrival:
- PRN / DlicNo
- prisoner name
- date received in
- sentence commencement date
- remand committal date
- final date out.
- Where information cannot be entered into IOMS immediately, through computer downtime or number of prisoners to be processed at once, the I.03.Form.01 Temporary Reception Data is prepared.
- Details from the I.03.Form.01 Temporary Reception Data are entered into IOMS as soon as practicable, and the reception data form is attached to the prisoner's file.
I.03.02 Calculation of sentence dates for single or concurrent sentences
- Prison staff must calculate the following dates for all sentences (except that an indeterminate sentence has no SED):
- Start date of sentence (previously sentence commencement date SCD) is usually the date the Judge has signed the Warrant. However, the Judge may also defer the start date, and this date will be endorsed on the Warrant.
- Sentence expiry date (SED) is the date on which the offender who is subject to the sentence has served its full term and therefore ceases to be subject to it.
- Parole eligibility date (PED) is the date the prisoner is eligible to be considered for parole.
- Release date relates to determinate sentences of imprisonment, and is the date on which the offender who is subject to the sentence ceases to be liable to be recalled to continue serving that sentence.
- Statutory release date (SRD) means the date on which a prisoner who is subject to one or more sentences of imprisonment:
- must be released from detention and
- ceases to be liable to be recalled to continue serving the sentence in a penal prison.
- Final release date (FRD) is the equivalent of the SRD but applies only to prisoners sentenced before 30 June 2002; this calculation is the same as for the SRD except that an extra day is added.
- Pre-sentence detention (remand time) is time a prisoner is remanded in custody before sentence. This time is considered to be time “served” and is deducted from the sentence. Pre-sentence detention includes time spent by the prisoner in:
- Police jails
- hospitals, and
- Social Welfare / Child Youth and Family Service residences.
- If any of these calculations result in a part day, these must be rounded up e.g. 385.5 becomes 386 days.
I.03.03 Calculation of sentence dates for a “term” of imprisonment
- A “term” of imprisonment can only be imposed for:
- non-payment of a sum of money (e.g. unpaid fines – SP 28 warrant)
- disobedience of a court order
- contempt of court
- The start date for a “term” of imprisonment is the date in which the prisoner is taken into custody to serve the term of imprisonment or if the prisoner is already in custody the start date is when the judge signed the warrant.
- A “term” of imprisonment imposed as a stand-alone sentence, or to be served concurrently with other “sentences” of imprisonment:
- is not entitled to have any pre-detention deduction from the sentence (there is no remand process for unpaid fines, disobedience of court orders, and contempt, therefore no pre-detention time can be deducted).
- When a “term“ of imprisonment is made cumulative on other “sentences” of imprisonment that make a notional single sentence, any pre-sentence detention that relates to the cumulative sentences may be deducted only once from the single notional sentence.
- For release date purposes, a “term” of imprisonment should be treated as if it were a “sentence” of imprisonment except that:
- If the prison director receives notice from a court Registrar that the fine in respect of which a term was imposed has been paid the offender must be released immediately unless he or she is also in custody for some other reason (s 91 SPA, s 19E(2) Crimes Act); and
- If an offender detained for non payment of fines or any other sum of money makes a part payment, the term of imprisonment shall be reduced by a number of days proportionate to the total number of days of the term and the total amount the prisoner is liable to pay. At the end of reduced term, the offender must be released from prison unless he or she is also in custody for some other reason (s 19E(3) Crimes Act).
If a receiving officer has any concerns relating to calculating prisoner sentence dates they must first refer all issues to their reception and movement manager.
If the reception and movement manager also has concerns, they must contact the operations advisors in head office for advice.
I.03.04 Sentences imposed on or after 30 Jun 2002 categorised by length
- Short-term sentence means a sentence of imprisonment that is a:
- determinate sentence of 24 months or less imposed on or after 30 June 2002, or
- notional single sentence of 24 months or less.
- Long-term sentence means a sentence of imprisonment that is a:
- determinate sentence of more than 24 months imposed on or after 30 June 2002, or
- notional single sentence of more than 24 months, or
- indeterminate sentence.
- Indeterminate sentence means:
- a sentence of imprisonment for life, or
- preventive detention.
- Determinate sentence means a sentence of imprisonment for a fixed term.
- Notional single sentence means the sentence of imprisonment that is created when one or more determinate sentences are directed to be served cumulatively.