M.07.02 Management of segregated prisoners
The development of the management plan must have as the main focus the particular prisoner’s behaviour which resulted in the general manager custodial approving the direction and what changes the prisoner need to demonstrate in order to return to the general population.
Every prisoner under a direction for segregation must have their at-risk status assessed / reviewed at the commencement of the direction.
M.07.02.01 Management Plan
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The management plan must clearly identify the behaviours that the prisoner needs to modify / demonstrate in order for the direction to be reconsidered. Before the prisoner can return to the general population, the issues / risks that resulted in the direction must be addressed and mitigated. The issues / risks will be particular to the prisoner and may include not just behaviour but communication and perception issues as well. The plan must also show how the prisoner’s minimum entitlements will be maintained and any other activity available within the unit (e.g.; cleaning duties, unit’s mess-man). | |
| Section of Corrections Act 2004 | M.07.Form.04 Management plan for prisoner on segregation has |
| 58(1)(a) or (b) |
Two purposes; managing the risk(s) posed by the prisoner and facilitate the prisoner’s return to the general population. Not all prisoners present the same level of risk of harming staff and other prisoners, the components of the plan must reflect the risk posed by the prisoner. |
| 59(1)(a) or (b) | One purpose; managing the risk(s) of the prisoner being harmed by another prisoner(s) or person. |
| 60(1)(a) or (b) | As per health centre manager / medical officer instructions. |
The prisoner:
- must be detained, as far as practicable and if is not inconsistent with the purpose(s) of the direction, under the same conditions as if they were not under segregation.
E.g.: If the prisoner, prior to the direction, was available for work and receiving the unemployed allowance then if work is not available during the segregation, they receive the unemployed allowance for the duration of the direction, unless they are serving a penalty of cell confinement.
If staff identifies work activities for the prisoner but he/she refuses to work, then the prisoner would not, on that occasion, get the daily allowance.
(Segregation directions are not a penalty or punishment). - must not be denied access to activities consistent with the fulfilment of their offender plan or to their authorised property simply because they are subject to segregation. (e.g.; must have access to the Library and or books, magazines, or any other available activity (e.g.; work within the unit) that is no inconsistent with the direction.)
- must receive, at least, the minimum entitlements set out in [section 69 of the Corrections Act 2004].
Staff must record (as a file note IOMS) the time the prisoner was asked and received or declined each minimum entitlements. The minimum entitlements must not be “combined” with other activities such as cell cleaning or access to library. - must not remain under segregation, beyond the expiry or revocation date of the direction and must be removed at the earliest opportunity on the day of the expiry or revocation of the direction.
- may be denied access to information and education (excludes directions under section 60 of the Corrections Act 2024]) if the general manager custodial considers that he/she is likely to damage prison property.
- Drop pin use in conjunction with handcuffs may be used for escorts of prisoners subject to a segregation direction under sections 58(1)(a) or (b) or 60(1)(b) of the Corrections Act 2004, only if:
- use has been approved for the prisoner because of the risk of injury or harm the prisoner may pose to any other person, and
- use is recommended on the prisoner’s segregation risk management and care plan.
- If drop pin use is not recommended in the segregation risk management and care plan staff are not authorised and must not use drop pins on the prisoner.
Recommendation for drop pin use on the prisoner’s segregation risk management and care plan does not warrant automatic use for every escort.
Where use is recommended, staff are to assess whether the prisoner poses a risk of injury or harm to any person, to determine if drop pin use in conjunction with handcuffs is necessary for the escort being undertaken.
Where drop pin use is assessed as necessary, the reasons for this determination are to be recorded in the daily notes for the prisoner.
M.07.02.02 Staff visits to segregated prisoners (denied association)
| Section of Corrections Act 2004 | A prisoner on segregation and denied association must be visited by; | |
| 58(1)(a) or (b) and 59(1)(b) | General Manager Custodial or authorised officer* | At least once a day The purpose of the visit is for the prisoner to have the opportunity to raise any issue(s) related or not as the case may be, to the direction, their management plan, their treatment, etc. There is no requirement for staff daily visits for a prisoner on restricted association and able to associate with other prisoners. |
| *General Manager Custodial may authorise an officer of the unit housing the segregated prisoner but excludes the officer that requested the initial direction. Officer must be a rank of no less than PCO. | ||
| 60(1)(a) or (b) and 61 | Health Centre Manager | Not applicable |
| Registered Health Professional* | At least once a day, unless the health centre manager is satisfied that it is not necessary in the circumstances. They must consider and advise the health centre manager of any matters relevant to a review of the continuing justification for a direction under this section, and, where relevant, whether the prisoner’s at-risk assessment should be reviewed. | |
| 61CA | Health Centre Manager | Within 24hours of notification, and after that visit, the health centre manager must recommend to the general manage custodial, whether the prisoner should be denied or continue to be denied access to all or any of the minimum entitlements and whether the prisoner should be denied access to any other items. Must also record the recommendation on the prisoner’s prison record. |
| Registered Health Professional* | At least twice a day for at-risk prisoners, unless the health centre manager is satisfied thatit is not necessary in the circumstances. They must consider and advise the health centre manager of any matters relevant to the review of the continuing justification for a direction under this section, and, where relevant, whether the prisoner’s at-risk assessment and at-risk management and care plan should be reviewed. | |
*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.07.02.03 Recording of interactions and daily reviews
- Staff must note all interactions and feedback provided to the prisoner using IOMS: Offender Notes / Segregation / Directive.
- There will be interactions that may require to be recorded as an incident report as well.
- The daily reviews of the key behaviours indicators, as stated in the management plan, must be recorded in the [M.07.Form.04 Management plan for prisoner on segregation] (prisoner copy) and in the [M.07.02.Res.01 Staff instructions to manage segregated prisoner], if the resource is used by your site / unit.
- These notes / reports / comments need to accurately reflect the response and attitude of the prisoner to the management plan’s key behaviour indicators.
- The PCO / residential manager or designated staff use the above mentioned notes to ascertain if any or all aspects of the direction warrants a review or a request to revoke the direction.