I.06 Complete arrival administration

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These procedures ensure that all reception procedures have been completed, prisoner records are updated, and the Electoral Commission have received a prisoner's enrolment details or notification of the prisoner's sentence (if disqualified from voting).

I.06.01 Update or create prisoner general file

  1. Receiving office staff must complete the [I.06.Form.01 Reception information checklist], confirming that all reception procedures have been completed.
  2. Receiving office staff are responsible for ensuring that all IOMS generated forms have been printed and both IOMS and local forms have been signed by the appropriate delegated officer, if required.
  3. Receiving office staff must create a new general prisoner file for all new arrivals (sentence and remand), or update existing files, for prisoners on transfer or who have an existing file from a previous sentence as per POM [C.03 Prisoner general file management].
  4. If a prison has been forwarded victim impact reports, they are to be immediately shredded.
  5. The reception/movements manager must check the file and all documents and sign the [I.06.Form.01 Reception information checklist], confirming that all the procedures have been completed.

I.06.02 Receipt of Judge’s Sentencing Notes

  1. Judge's Sentencing Notes are read on receipt and checked against Warrant of commitment information that has been loaded onto IOMS, with any anomalies checked with the appropriate Court as soon as possible.
  2. The Department has an 'Agreement of Services' with the Department of Courts that all Judge's Sentencing Notes will be provided to prisons within 10 days. It is a requirement that sites ensure that this agreement is implemented at a local level. Sentencing notes are required for a number of reasons, including: sentence planning and offender management, administration of the sentence and management of offenders at-risk to themselves.
  3. If the Judge’s Sentencing Notes have not been received within the 10 day period, the receiving office must enquire of the Court as to when the Sentencing Notes will be provided.

I.06.03 Prisoner voting - disqualification /enrolment

  1. Staff must refer to [I.06.Res.01 Prisoner disqualification or eligibility to enrol flowchart] to determine whether a prisoner is disqualified or able to enrol with the Electoral Commission.
  2. A prisoner’s disqualification or ability to enrol depends on:
    1. when the offending occurred that the prisoner is sentenced to imprisonment for
    2. the length or type of the imprisonment sentence
    3. the qualification criteria as defined in the Electoral Act 1993.
  3. Relevant offence dates are located in the prisoner’s Criminal History Report available in IOMS.
  4. Receiving office staff undertake the initial disqualification or enrolment process for newly sentenced prisoners. Any follow up will be:
    1. identified in the receiving office file note completed and
    2. is the responsibility of unit staff, to action.

I.06.03.01 Prisoner disqualification from enrolment

  1. Staff must refer to [I.06.Res.01 Prisoner disqualification or eligibility to enrol flowchart] for guidance to determine whether a prisoner is disqualified from enrolling with the Electoral Commission.
  2. The Electoral Commission must be notified of all disqualifications within 7 days of the prisoner’s reception on sentence.
  3. For every prisoner who is disqualified, the receiving officer must print the [Notification of sentence to Electoral Enrolment Centre] document from IOMS document tree, scan and email the completed form to: pselectoral@elections.org.nz.
  4. Sentenced prisoners who are received from hospital or secure facilities and meet the disqualification criteria, must have the above disqualification process completed on reception.
  5. In the event IOMS is down, POM form [I.06.Form.02 Notification of sentence to Electoral Enrolment Centre] is used for completion of notification.

I.06.03.02 Enrolment of prisoners who are not disqualified

  1. Staff must refer to [I.06.Res.01 Prisoner disqualification or eligibility to enrol flowchart] for guidance to determine whether a prisoner is not disqualified and able to enrol with the Electoral Commission.
  2. Receiving officer staff must engage with all prisoners who are not disqualified regarding their eligibility to enrol as part of the reception process once sentenced.
  3. The receiving officer must discuss with eligible prisoners:
    1. their ability to enrol and encourage enrolment
    2. their ability to apply to have their details secure on the unpublished roll.
  4. If a prisoner wants to enrol, assist the prisoner to complete the necessary forms for the electoral commission.
  5. To assist with supporting prisoner applications to go on the unpublished roll, staff can use template [I.06.Form.03 Supporting information for unpublished roll application], to help gather required information.
  6. The receiving officer is to submit a prisoner's completed forms to the Electoral Commission.
  7. Details of the enrolment opportunity provided, the outcome, and any follow up required by unit staff is to be recorded as part of the prisoner's Receiving File Note in IOMS.
  8. Prisoners who are disqualified and have their sentenced reduced or altered on appeal or retrial, to a term less than 3 years, are to be re-assessed according to [I.06.Res.01 Prisoner disqualification or eligibility to enrol flowchart] and provided opportunity to enrol if eligible.
  9. Sentenced prisoners received from hospital or secure facilities who meet the eligibility criteria, must have the above enrolment process completed on reception.
    Consideration

    Completed forms for a prisoner can be scanned and emailed to: pselectoral@elections.org.nz

    or posted to:

    Electoral Commission
    FREEPOST 2 ENROL
    PO Box 190
    Wellington 6140


    Watch Point

    If any prisoner does not want to enrol at the first opportunity, ensure that they are provided with all relevant enrolment information and copies of the relevant Electoral Commission forms.

    Follow up with the prisoner regarding their enrolment is required in a reasonable timeframe and must be detailed in the prisoner's Receiving File Note in IOMS for unit staff to action.

I.06.04 Receiving Remand Prisoners with No Contact Conditions (NCC)

  1. A court may impose a no contact condition (NCC) when a prisoner who is charged with a family violence offence is remanded into custody. The court provides the contact and address details of the specified person(s) not to be contacted in a Notice of No Contact to General Manager Custodial. The notice will be sent by email from the court to the prison receiving office.
  2. The contact details of the specified person(s) must not be provided to the prisoner. No contact is to be permitted with any person named in the NCC unless specified in the direction by the court.
  3. On receiving a copy of the Notice of No Contact to General Manager Custodial,
    1. the details of the specified person(s) must be entered into the IOMS - Remand - No Contact Persons screen, and
    2. the contact number of the specified person(s) must be entered into PTCCS as a prohibited number (against the individual, not global) and
    3. if the specified person(s) is an approved visitor, their application status must be changed to prohibited and the reason recorded as “NCC”.
  4. Once entered in IOMS Remand - No Contact Persons screen, an IOMS ALERT type “Remand No Contact Condition” will be created by IOMS automatically.
    Watch Point

    The alert end date must be checked (and amended if required) to ensure it is the same as the next court date.

    Contact or address details of the specified person(s) must not be entered into any file notes or the IOMS alert - these must be entered into the IOMS - Remand - No Contact Persons screen only.

  5. The receiving office must notify unit staff of the NCC. Unit staff must advise the prisoner of the NCC and explain the NCC, including the consequences of breaching the NCC. Unit staff must File a Note in IOMS, under Receiving > Remand titles, that this advice has been provided.
    collaboration

    The prisoner must be advised that:

    • All forms of contact are prohibited under a NCC unless the judge has given a specific provision for a specific type of contact.
    • If a breach occurs, the Police and Court Registrar will be notified and the prisoners next court day may be brought forward.
    • The breach may be included in their permanent court record which may be considered in a later application for bail.
  6. The NCC no longer applies when the prisoner has appeared in court again as directed in the remand warrant, which the NCC is attached to.
  7. If the prisoner is remanded into custody again, on the same charge, the NCC can be directed, again, by the court.
    Watch Point

    Where the NCC no longer applies, and the court has not issued a new NCC, staff must remove / delete specified person(s) contact details held electronically by:

    • removing telephone contact details from PTCCS prohibited list
    • remove details held in the Remand screen in IOMS
    • changing the visitors status from prohibited to its original status
    • check the 'Remand No Contact Condition' alert has been de-activated.

    Only IOMS information regarding details of the person not to be contacted in the remand | No Contact Persons screen must be removed. Other IOMS information such as Incident reports, file notes and hard copy (paper-based) material such as scanned directions, and breach notification forms must not be removed, deleted or amended.

    Hard copy documents must be retained on the penal file.

  8. Should the person in prison request their file or there is an OIA request, the specified person(s) contact details will be removed or redacted.
  9. If in any doubt about the application of any NCC, contact the Registrar of the Court managing the case to clarify the status of the NCC.
  10. The process for prisoners who breach the NCC is detailed in section [IR.06.08.Notification of breach of a no contact condition (NCC)].