" ~ /'

('

[lliITUlUU w[(]·· ~rn~@rn~ . r·, '/,;_,,; '~ _ •

,<'i'>~ .,.~~ , . .' ':..' . ', ...

. , [WWmIDrna[DJtmTI ~rna@~rnrn '. " . >;. '

. '-'f,

~. . ; ~

" "., ). , illrn· ill"~' '. ,,'~' .. ~". ' , ,~ . B ~.

'1t "t·' " ' .". _~,:~' :J t

.'~ ."" ~;j-" - \' ,," 0"

1~,6'@99~4

~if>

tggt .

f'"

. rnill[(J~TIrnrnrnTIffiJrn Corrective Services Academy

, "111111111111111111111111111111111111111111111

2005175 725.609944/REP/1989 I Report on prison management, desi'

J

1

I '2.. ';;). i.. 0 "I 0p-\ y..

P- f'" f'

\ l\. 'i( ~

REPORT ON

PRISON MANAGEMENT

DESIGN AND CONSTRUCTION

N. S. W. Department of Corrective Services

November, 1989

LIST OF CONTENTS

EXECUTIVE SUMMARY

RECOMMENDATIONS

1 . BACKGROUND

1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8

Scope of the Report D.O.C.S Goals and Prison Management Philosophy Standard Guidelines for Corrections in Australia D.O.C.S. Strategic Planning Process Factors influencing the prison population The need for further gaol construction Alternatives to imprisonment Private sector participation in Corrective Services

2. PRISON MANAGEMENT POLICY

2.1 New Management Approaches

2.1 .1 2.1.2 2.1 .3 2.1.4 2.1.5

System of Sanctions and Rewards Unit Management Case Management Group Management of Prisoners Team structures

2.2 Processes and Areas Affected

2.3 2.4 2.5

2.2.1 2.2.2 2.2.3 2.2.4 2.2.5 2.2.6 2.2.7 2.2.8 2.2.9 2.2.10

Prison Security Prison Industries Prisoner Classification Family and Community Contact Prisoner Development Special Needs Groups Prisoner Accommodation Building Maintenance and Environment Staff Management Medical Services

Regional gaols Implementation issues Resource requirements

3. GAOL CONSTRUCTION PLANNING

3.1 3.2

Evolution of prison design Implications of policy initiatives

3.2.1 3.2.2 3.2.3

System of Sanctions and Rewards Prison Security Prison Industries

PAGE

i

iv

1 2 4 5 6 7 8

10

13

13 14 15 16 16

17 17 19 19 20 22 23 23 23 24

25 25 27

29 29

30 32 36

3.2.4 3.2.5 3.2.6 3.2.7

Prisoner Classification and Visits Prisoner Care and Development Prisoner Accommodation Regional Gaols

3.3 Procurement options

4. COSTINGS

4.1 Capital 4.2 Recurrent

5. CONCLUSION

* * * * * * * *

APPENDICES

1. List of the members of the working party. 2. The statutory Obligations/of the Department to

prisoners (Prisoners Entitlements). 3. The Obligations of the Prisoner 4. Standard Guidelines for Australian Prisons 5. Significant Issues 6. Possible effects of the Sentencing Act (1989) on prison

population. 7. Projections of prison populations 8. Comparison of some population projections and

accommodation 9. A full list of the elements to be considered in the

design and construction of prisons 10. Hierarchy of Privileges - draft outline. 11. Draft model of gaol team structures

37 38 41 44

EXECUTIVE SUMMARY

1 • BACKGROUND

Scope:

This is the report of a working party set up to "establish standards of management, design and construction for maximum, medium and minimum security prisons in N.S.W. to ensure the most efficient and effective utilisation of state resources allocated to prisons; capital work programs and for recurrent costs in the management of prisons".

The deliberations of the working party resulted in a number of policy decisions concerning the management of prisons. These decisions represented a major evolutionary step in the correctional philosophy and approach of the Department. A model of prison management incorporating the decisions and other significant recent departmental initiatives is being developed.

This report summarises the model and the implications for design and construction, concentrating only on those areas of operation that have been affected. The model, although economic in resources and feasible, has yet to be tested in practice. Implications for reductions in design and construction requirements have been interpreted cautiously, particularly in consideration of the possibility of a continuing increase in prisoner numbers.

Goals:

The 1989 departmental strategic planning process redefined the goals, objectives and strategic priorities for the Department. Recent government policy initiatives have added three elements in relation to prison management:

* prisoners should work;

* prisoners should have living conditions and opportunities consistent with basic standards in the community; I- * a prisoner should demonstrate a willingness to meet his/her obligations as a community member before receiving any extra amenities and program opportunities.

Population Increases and Accommodation:

The yearly average prison population has shown a consistent increase since 1984-1985. The prediction of future prison populations is unreliable because many changing factors, rates of crime, police arrest activity, convictions awarded, sentences given, and release policies affect the key parameters which determine the size of the population: number received and length of time held.

Factors which could contribute to an increasing prison population include changes in sentencing policy and maximum penalties and increase in arrests, in addition to the increase expected from past trends and demographic factors.

- i -

Estimates have been prepared, based on different scenarios. The considered expectation is that the population will continue to escalate; even to the extent that the current construction program will not be adequate to meet the needs over the next decade. Remand centres are urgently required. Single cells for the majority of the population can be only a long-term aim. The planned phasing out of obsolete and uneconomic gaols will not occur within the next decade.

Expansion in the scope and use of real alternatives to imprisonment should be a priority government policy.

Fully privatised gaols offer, an alternative opportunity to obtain finance, construct and manage new prisons. Significant issues have been listed that should be addressed in the development of the government policy and contracts with private agencies.

2. PRISON MANAGEMENT POLICY

Policy Initiatives and Implications:

The main areas of policy change are:

* * * * *

System of sanctions and rewards (Hierarchy of Privilege) Unit Management Case Management Group Management of Prisoners Team Structures

The implemention of these approaches will mean better control and better security without the negative effects associated with traditional regimes. Unit and Case Management are essential in providing humane management in maximum security gaols.

The prisoner's routine is more structured and demanding from the standard requirements for a full day's work, restricted individual movements and participation in other main activities only in groups at defined times.

The main focus of development programs will be on skills necessary for the prisoner to work productively, competitively and co-operatively in a commercial industry with skills-not at a level necessary for productive work. General development programs and extra activities will be available only to those demonstrating a willingness to work and be a contributing member of the community. Balanced with this will be the more intensive supervision of and interaction with prisoners as part of unit and case management that will provide improved opportunities to develop skills and attitudes useful in living a more law-abiding life on release.

The new approaches will provide staff with opportunities to develop leadership and interpersonal skills and greater job satisfaction. This is essential if the attrition rate of custodial officers is to drop.

- ii -

The implications for the operational areas and processes affected by the policy initiatives are outlined.

Implementation and Resource Issues:

The Department is experiencing an unprecedented period of change. The number and innovative nature of policy initiatives and government management reforms means that implementation should be planned and phased, and adequate training and communication be carried out. Staff and managers may lose commitment to achieve the objectives of the change if too much is asked of them, or if they feel uncertain of their ability or skills.

Training and development has been almost nil in recent years. New South Wales in 1989-1990 spent only 1% of the budget on training compared to 6% in Victoria. Greatly increased resources are needed to train and develop current staff and managers and the large numbers of new recruits required in order to effectively implement the new policies outlined.

The introduction of new policies into gaols should be carefully phased and the individual gaol stability monitored to ensure that proposed changes are not provocative at ~hat time.

3. GAOL CONSTRUCTION PLANNING

Modern planning processes for prison construction have reinforced the unit management concept as being the most humane and beneficial in the management of prisoners. The decisions taken in the working party have not detracted from the construction requirements of unit management but have identified areas which require flexibility in construction planning techniques.

The policy initiatives and areas affected by them have been reviewed in terms of function, material, area and resulting cost.

Value management studies for Lithgow have substantially reduced the capital and recurrent cost of prisons in excess of 20% each. Additional savings have been identified by the introduction of double shifts, shorter visits and group movement of prisoners.

In terms of recurrent costs the necessity for a comprehensive development and communication program to ensure effective implementation means resources are required at a time when productivity and portfolio savings makes impossible the meeting of these needs out of current funding.

Provisional recurrent costings were prepared for a prison implementing the new policies outlined. A comparison of staffing with a comparable actual institution indicated that savings in custodial/industrial salaries and associated on-costs would average at least $800,000 per annum.

- iii -

RECOMMENDATIONS

1. That the new management approaches relating to Systems of Sanctions and Rewards (Hierarchy of Privileges), Unit Management, Case Management, Group Management of Prisoners and Team Structures be endorsed as government policy for corrections in New South Wales.

2. That approval be given for additional funding for:

(i) Training and development required for

(H)

(Hi)

(a) the increased number of recruits required to staff the new and expanded·gaols,

(b) all staff involved in implementing the new approaches,

(c) all managers who will need to introduce new systems and lead staff in bringing about changes

Capital Cost as will be outlined in the annexure paper to be completed Wednesday, 6 December, 1989.

Recurrent costs to operate the expanded program.

LIQ23 ~.

rp t't-O-c0 !' ~f£ ?\lYN NI-N

tJl~

*~(tJ kff-N

Cdt ~(i-~f:2j~~ e..t.Ft+q ( AN~K'-,

Sf ~4.(~t ~CP( Ar...J ~

1 • BACKGROUND

1 • 1 Scope of the Report

This is the report of a working party which was set up to "establish standards of management, design and construction for maximum, medium and minimum security prisons in N.S.W., to ensure the most efficient and effective utilisation of state resources allocated to prisons' capital work programs and for recurrent costs in the management of new prisons".

The working party was chaired by the Minister for Corrective Services, the Honourable Michael Yabsley, and included members of the Department of Corrective Services and public Works Department. A list of the members of the working party is provided in Appendix 1. The working party operated under strict time constraints with the first meeting occurring on 11 September, 1989 and the draft report required by the end of November, 1989.

The deliberations of the working party resulted in a number of policy decisions concerning the management of prisons and prisoners. These decisions represented a major evolutionary step in the correctional philosophy and approach of the/Department and needed to be incorporated into a model of prison and prisoner management. Consultation with divisional managers and custodial assistant directors has been an important part of the development of the model. Effective implementation depends on the understanding and commitment of the managers in the field and the process of consultation and discussion will be continued with superintendents, union representatives and gaol management teams.

It should be noted that several aspects of the model, although apparently feasible and economic in resources, have not yet been tested in practice. Also, as outlined below, there are factors that may considerably increase the escalation in prisoner numbers, and the nature of gaol populations. Therefore too strict adherence to minimum sizes based on the model entails some risk that modifications could be introduced in practice that will require increases in the size of spaces and facilities.

This report summarises the model, focussing on the innovative features and the implications for design and construction of prisons, and the resources projected. The report lists also the Goals and short-term Strategic Priorities for the Department and outlines the strategic planning process on which they are based. A significant part of the strategic analysis in the planning process was the prediction of future populations and the impact on gaol accommodation and management. The recent publication by the Conference of Correctional Administrators (May, 1989) of the Standard Guidelines for Corrections in Australia is valuable at this time of review.

- 1 -

1 .2 DEPARTMENT OF CORRECTIVE SERVICES GOALS AND PRISON MANAGEMENT PHILOSOPHY

The Mission and Goals of the Department were developed through the discussions, submissions and workshops of the 1989 planning process.

Organisational Mission

The 'Mission of the Department of Corrective Services is:

"MANAGING OFFENDERS IN PRISON AND THE COMMUNITY"

The Department achieves its Mission by:

managing services and programs to contain, supervise, develop and care for offenders in prison and in the community to satisfy legislative and community requirements; providing services and resources towards achievement of organisational goals; developing responsible, qualified and committed staff.

Organisational Goals

The following goals underlie the services and programs of the Department:

Faithfully carry out the penalties imposed by the courts; Contain and supervise offenders for community protection; Provide opportunities for offenders to improve their ability to live within the law; Provide penalty options to sentencing authorities; Provide programs that allow for recompense to the victim and/or the community; Comply with the Australian Minimum Standard Guidelines for Corrections for all offenders; Meet the special needs of offenders with mental or physical impairment; Provide a safe workplace; equality of opportunity free from discrimination; career development and training to all staff; Conserve public finances by ensuring cost-effective operations and management strategies.

The history of Corrections demonstrates the evolutionary and changing nature of approaches to managing prisons and prisoners. After the Nagle Royal Commission (1978) there was a move to a more humane approach and a greater focus on the individual needs of the prisoners as an effective preparation for eventual release to the community. Recent government policy initiatives have balanced this with two important requirements: a responsibility for cost-effectiveness in the use of resources and a consideration of the general public perception as to how prisoners should be managed. This perception may be summarised in three elements:

prisoners should work; prisoners should have living conditions and opportunities consistent with basic standards in the community; and

- 2 -

a prisoner should demonstrate a willingness to meet his/her obligations as a community member before receiving any extra amenities and program opportunities.

A set of Guiding Principles for Prisoner Management has been developed in consultation with representatives of superintendents and divisional managers to summarise the main operational elements of the Department's correctional approach.

Guiding Principles for Prisoner Management

1. The Department in its management of prisoners is required to meet its statutory obligations (Prisoner Entitlements) as specified in the Prison Act and Regulations and other relevant legislation (summarised in Appendix 2). The reciprocal obligations of prisoners as inmate members of a community are listed in Appendix 3.

2. As far as possible, prisoners should be managed using a case management approach within a framework which provides a model and opportunity for prisoners to demonstrate an ability to interact in a positive manner with officers.

3. Gaol management should utilise a team management structure which encourages participation of all staff in the management of the prisoners.

4. The daily management of prisoners will depend on a system of incentives and legally-permitted sanctions. Any benefits beyond basic entitlements are to be viewed as privileges, not rights. Levels of privilege will be dependent on prisoner participation, achievement and conduct.

5. In the interests of management, good order and security, a discipline system will be applied with consistency, fairness and impartiality, and in accordance with the law. Prisoners who do not demonstrate on acceptance of gaol discipline and do not conform with the regulations and rules will be subject to loss of privileges and such measures which can legally be taken by the superintendents.

6. Progression to less secure institutions is desirable and at all times a prisoner should be held at the lowest security classification appropriate to his/her attitude, behaviour and history.

7. All prisoners should be employed in meaningful full-time work. Prisoners who refuse to take up work opportunities will be subject to loss of privileges.

8. Prisoners should have development and recreation opportunities to encourage constructive and beneficial use of their time in prison.

- 3 -

9. Services should be provided to maintain the health and well-being of prisoners, consistent with standards applying in the community.

10. In the development of each prisoner's program, priority concerns should be; the prisoner's health, any need for literacy or numeracy education and the prisoner's demonstrated commitment to a constructive role in the prison community.

11. There should be adequate mechanisms for prisoners to convey grievances to internal and external authorities.

12. The management of prisons should demonstrate the management reforms as required by the Government of New South Wales: efficient and effective use of resources; development and clear communication of objectives and tasks; participatory management and appropriate delegation of authority; performance monitoring; and management incentives.

THE STANDARD GUIDELINES FOR CORRECTIONS IN AUSTRALIA

The Standard Guidelines for Corrections in Australia, May, 1989, are based on a series of guidelines developed and revised since 1976, mo~t recently by the Correctional Administrators of Australia and New Zealand. The Guidelines are still to be endorsed by the correctional Ministers. The document includes Guiding Principles and a section for prisons (Appendix 4) which details standards for management and security (reception, classification and placement practices, remand prisoners, accommodation, discipline and punishment, force and restraint, interstate transfers and remission) and for prisoner management (clothing and bedding, work, recreation and education, hygiene, disturbed and disabled prisoners, infants in prison, religion, community contacts and notification of death, illness and transfer) .

The Goals and Prisoner Management Principles of the Department of Corrective Services are consistent to a large extent with the Standard Guidelines. The Guiding Principle 1.2 states that correctional programs should not "aggravate the suffering inherent" in the deprivation of liberty. Principle 1.3 states that "all educational, welfare and recreational influences and forms of assistance which are appropriate should be made available and utilised in accordance with the individual needs of offenders and. prisoners".

It is a question of interpretation whether the Hierarchy of privileges which requires certain standards of behaviour of prisoners before extra programs are provided, is 'aggravation of suffering', or not 'in accordance' with the needs of prisoners. Principle 1.4 states an aim is to enhance .•. prisoners' understanding of their responsibility to the community". The new policies will provide the structure for prisoners to learn and experience the workings of a community, the need for rules and each person's obligations to the community, as well as the benefits.

- 4 -

In the short-term, despite a major gaol construction program, a shortage of accommodation currently in the gaols will limit compliance with Accommodation Guidelines 5.23 and 5.24, (p.21). However the concepts of single cells and the use of dormitories only for prisoners suited to them, is endorsed as a management principle that contributes to the good order and security of the gaol and is efficient in the use of resources. Single cells for the majority of prisoners, unless a shared cell is more suitable for a particular prisoner or groups, is a longer-term aim.

1 .4 DEPARTMENT OF CORRECTIVE SERVICES STRATEGIC PLANNING PROCESS

The program offered by the Office of Public Management to the working party in the preparation of this report suggested consideration of key management issues, options to address these, future directions and impact of current and proposed legislation and policy.

As part of the Department of Corrective Services' strategic planning process an environmental and strategic planning analysis was carried out. In a series of submissions and workshops divisional managers discussed current and future internal needs and problems, and environmental demands and pressures. The topics included:

Management and Financial Reforms in the N.S.W. Public Service Structural Efficiency Principle Privatisation Effects of overcrowding Industrial issues "Truth in Sentencing" (Sentencing Act, 1989) Changes in Penalties/Court Procedures Police Department Initiatives Factors that may rapidly increase the prisoner population Recent developments in New Zealand New technologies in prison construction Divisional management issues Key Performance Indicators

The Strategic Plan, 1989-1991, outlines the significant issues for that period (Appendix 5), lists the strategic priorities for the Department, and specific strategies to meet the needs, problems and demands given priority. A Corporate Plan to be developed in 1990 will include a longer-term planning analysis and strategic plan for the Department. The ability to carry out the data analysis necessary for the long-term planning will depend on the consistent allocation of resources adequate for the development and testing of methods and models, and the continuing monitoring of trends and effects of policy changes.

The particularly salient issue for prison management in the current Strategic Plan was the Prison Officers' Interim Award (commonly known as the Bauer Report) which recommends the introduction of Unit Management, Team Structures, Case Management and a changed role for prison officers.

- 5 -

The Guidelines and Prison Management Policy summarised in this report stem from three processes: the Strategic Planning Process, 1989; the Interim Award; and the decisions taken at the series of meetings of the working party for this Report. Together these take into consideration the items listed in the suggested program from the Office of Public Management.

strategic issues with major implications for prison design and construction are outlined in the following sub-sections.

1.5 FACTORS INFLUENCING THE PRISON POPULATION

The average prison population of New South Wales has shown a consistent and rapid increase since 1984-1985. Prison numbers are affected by rates of reported crime, police arrest activity, convictions awarded, sentences given, and the mechanisms for determining the timing of release. All of these factors influence the key parameters which determine the size of the prison population: the number of prisoners received and the length of time held. Events expected to affect prisoner numbers include:

(i) Changes in legislation and proposals for other changes: the extent to which such changes in legislation affect the size and composition of the prison population depends on how judicial officers apply the legislation. There are two main elements to consider: the increase in the maximum penalty for some offences (including 'actual' life sentences), and the Sentencing Act which allows for prisoners to be sentenced to a minimum or a fixed term, and which abolishes remissions.

The Sentencing Act is not meant to increase the actual time served in prison by offenders. The effect on the size of the prison population of the Sentencing Act (1989), which was introduced on 25 September, 1989, will depend on the extent to which judicial officers change their sentencing practices and resist the expected community or media protest when sentences handed down appear to be considerably less than before the Act. Data are not yet available on the sentencing patterns since the Act was introduced.

In attempting to analyse and predict the effects of policy changes on future populations, it is necessary to consider a range of likely effects. The Research and Statistics Division of Corrective Services has analysed three possible scenarios (Appendix 6). The estimated predicted increases (from the Sentencing Act alone) are:

no increase; an increase of 1830 prisoners in 6 years including about 500 in the first year; an increase of 3580 prisoners in 6 years including about 900 in the first year.

- 6 -

•

It is expected that the actual increase resulting from the sentencing Act will fall within this range. The effects of sentencing policy changes need to be monitored to ensure future trends are reliably forecast.

It is difficult to estimate the effect of the proposed 'actual' life sentence, given that little is known about life expectancy for someone who is sentenced to serve their remaining years in gaol. While 'lifers' currently comprise only a small proportion of the NSW prison population, such an increase would have an initiatively small but cumulative effect on the size of the prison population.

(ii) Increase in arrests: it can be expected that increases in Police staffing and improved policing methods will produce a considerable increase in arrests and convictions. This will, in turn increase admissions to gaol.

It can also be expected that there will be a continuing increase in the rate of convictions for drug offences. For example, in Florida (1988 - 1989) there was a 55.3 % increase in drug offenders over the previous year. This included an increase of , 70.6 % in admissions for Cbcaine drug offences - a phenomenon that can be expected to occur here on a reduced scale. Significantly, also, female admissions for drugs in Florida have increased by 2,206 % over the past eight years.

1 .6 THE NEED FOR FURTHER GAOL CONSTRUCTION

On the 5th November, 1989, there were 4910 prisoners (4635 males and 275 females) in the NSW prison population, occupying accommodation designed for approximately 4150 prisoners.

The average daily state for this financial year to 29th October, 1989 was 4772 (4511 males and 261 females).

The most recent projections of the prison population were made in 1988 (Nguyen Da Huong and Gorta, 1988). Because of the complexity of the factors that affect the prison population numbers, predictions are made as a range, rather than as an absolute figure, to allow for possible variability in the basic factors. The projections were developed using several methods, each giving an upper limit and a lower limit. Appendix 7 gives estimates of future prisoner numbers based on two models.

The predicted estimates for 1988/89 were 4658 (4413 males, 245 females) and 4793 (4546 males, 247 females). The actual yearly average for the 1988/89 financial year was 4358 (4127 males and 231 females), well within both predicted limits. However, the current population has already passed one of the projected averages for 1989/90.

As outlined in Section 1.5 a number of policy and external factors warrant an expectation that the population will continue to increase.

- 7 -

Based on projected prison populations prepared by the Research and statistics Division of Corrective Services, a comparison has been made (Appendix 8) that demonstrates that, despite the major gaol construction program being implemented, there will be an increasing shortage of beds over the next five years. The projected population figures in Appendix 8 do include a projection of possible effects of the Sentencing Act, but do not include any of the other escalatory effects from policy and external factors listed above.

Inadequate remand facilities present a particular accommodation problem. Unconvicted offenders, under our system of justice presumed innocent until convicted, should be provided with reasonable facilities and protection. But remand prisoners tend to be accommodated in the oldest and most crowded institutions, and some in company with convicted offenders. The number of unsentenced persons remanded in custody has exceeded the capacity of the Remand Centre. Other remand areas and units have been set up in gaols normally reserved for convicted prisoners and numbers of remand prisoners have been held in Police cells. New remand centres are required.

An additional factor to consider in planning the longer-term future construction requirements is that many gaols in the system are inadequate to manage prisoners 'today. These gaols are too old to be readily or economically renovated because of Heritage Council constraints and the nature of the buildings. In the near future it will not be possible to implement any planned closures of old gaols.

In consideration of the possibility of continuing increases in the population, gaol designs and extensions of current gaols should allow for economical expansion of accommodation. A submission is being prepared that compares the current accommodation and current prison population, analyses the expected population changes over the next five years consignment accommodation requirements, and presents a Five Year Forward Building Program and Capital Costings. This will be completed by Wednesday 6 December, 1989.

1.7 ALTERNATIVES TO IMPRISONMENT

Three factors have reinforced the desirability of increased use of alternatives to imprisonment: the rapid increase in the prison population; the recognition that imprisonment can be an experience with more harmful effects than beneficial; and the high cost of imprisonment.

Although there has been no consistent research to demonstrate that community correctional programs are more successful than imprisonment

in reducing further crime by offenders' it is undeniable that these programs are less disruptive to the work and family obligations of the offender and are less costly in direct terms to the community.

1. Harry E. Allen and Clifford E. Simonsen "Corrections in America: An Introduction" 1975 Glencoe Press Beverley Hills.

- 8 -

The Nagle Royal Commission (1978) laid the foundation for the development of a hierarchical sentencing system with its premise that "gaol was to be a last resort". This concept was widely accepted and adopted by both judicial officers and the Department of Corrective Services alike. The Department has since undertaken pro-active involvement in the expansion of non-custodial sanctions and alternatives to imprisonment.

In 1971 legislation was created introducing Periodic Detention and in 1979 the Community Service Orders Scheme was established. Both schemes were developed to provide sentencing authorities with direct alternatives to imprisonment. However, legislation did not restrict sentencing authorities to use this sanction only where a custodial sentence was deemed appropriate. Accordingly, a number of relatively "minor" offenders have received a Community Service Order, not as a substitute for gaol, but because, for example, a sense of community responsibility might be instilled or an individual's 'work ethic' might develop. The incidences where breaches of the order have resulted in the imposition of bonds, fines or no action rather than a custodial sentence have become frequent, indicating that Community Service Orders are not being used primarily as alternatives to imprisonment ..

Recent research by Rohan Bray of the Judicial Commission of NSW

(1989)2 has found that "front-end" diversion methods in the past have not frequently been used as alternatives to gaol. A proposal for an offender Home Detention programme has been initiated by the Department and is to be considered by Cabinet shortly. Proposed as a demanding punishment for offenders for whom full-time imprisonment is not warranted, the proposal specifies that home detention may only be made if other alternative non custodial sentence sanctions are considered inappropriate. Under the proposal criminal offenders are actually sentenced to a discrete period of imprisonment. Home detention for that period is then substituted in its place immediately. Any revocation of the term of an order makes the offender liable to serve the unexpired balance of the order in full­time custody. The experience provided by the introduction of the Community Service Order programme identifies the need for community­based sentencing options to have a firm legislative base as direct gaol alternatives.

A determined expansion of the use of 'alternatives to imprisonment is necessary to fulfil the objective of prison as a last resort. The cost of gaol construction and the apparent imminent need for further major programs to increase gaol accommodation reinforces the necessity of this approach. The co-ordinated planning of this policy will be taken up by the Law and Justice Committee.

2. Bray, R. The use of custodial and non-custodial sentences by NSW magistrates. Paper presented to Australian and New Zealand Society of Criminology, Fifth Annual Criminology Conference, July, 1989.

- 9 -

1.8 PRIVATE SECTOR PARTICIPATION IN CORRECTIVE SERVICES

(i) Development in other jurisdictions: The United States has allowed the private sector to operate correctional facilities and provide correctional services in response to overcrowding problems. By 1989 nearly forty (40) US states and/or counties had contracted with a variety of private firms for the delivery of one or more correctional programs or services. In the United Kingdom the first area for private sector participation is likely to be accommodation for remand prisoners.

In Australia the Kennedy Commission report on Corrective Services in Queensland recommended private sector involvement in the provision of certain services and the establishment of one or more privately operated gaols. This recommendation is being implemented with the establishment of Borallon Correctional Centre, a medium/minimum security facility.

Privatisation of gaols overseas still represents a small minority of gaols in those places. The United states Federal System has not yet permitted any of its institutions, holding 60,000 prisoners, to be privatised. The progress and success elsewhere should continue to be monitored.

A recently completed report by Kleinwort Benson into privatisation of correctional services in New South Wales has recommended that the Department of Corrective Services consider contracting with the private sector for the operation of one or more gaols, the establishment and operation of a number of remand centres in the Sydney metropolitan area and for changes in the structure and operation of Prison Industries. These recommendations are currently under consideration.

(ii) Philosophical issues: It may be said that the government should operate corrections in order to protect society and the rights of prisoners, and profit should not be made from corrections.

However, the government can delegate the implementation of penalties determined by a properly independent judiciary. Also, if that service can be provided at a lower cost than the competition (in this case the Government) and providing that the standard of service delivery is maintained at an acceptable level, the private profit made is irrelevant. The Government will need to establish acceptable standards and an effective system to monitor performance in the relevant areas.

Privatisation can best be defined as the delegation by Government of the responsibility for providing a service or any aspect of that service to organisations in the private sector.

(iii) The main reported advantages are:

(a) Flexibility: Private enterprise organisations are seen as being more flexible in financing options, planning

- 10 -

processes and staffing levels, suggesting that private enterprise would be more quickly able to respond to changes in the correctional environment.

(b) Competition: the private sector will provide competition for existing public sector managers, and will provide the impetus for the introduction of new ideas, more flexible staffing and other arrangements, and pressure to monitor more closely costs associated with offender programs.

(c) Improved work skills: the United states experience also suggests that private sector involvement in prison industries is beneficial in improving inmate attitudes and post release employment prospects because private sector prison industries are more closely modelled on private sector enterprises in the outside community. Thus the transition from work in gaol to work in the community is lessened and ex-prisoners are able to more quickly find employment~

(iv) Possible disadvantages are:

(a) The loss of capable and experienced staff from the public sector: To date, it would appear most of the senior staff at Borallon Correctional Centre in Queensland have been drawn from existing Australian Correctional Services. The loss of capable and experienced senior staff in New South Wales could cause real difficulties if it were to occur, particularly at a time when it is recognised that a major program of management development is required.

(b) Financial loss to the public sector: proposed changes in prison industries in New South Wales would allow "profit" to be re-invested in upgrading existing industrial equipment and facilities. Profits from private sector operated prison industries would go solely to the company operating the industry. It is to be noted that the example of 'PRIDE' industries referred to in the Kleinwort Benson Report uses only 7% of available prisoners. The more difficult and costly to supervise prisoners are still to be occupied by public enterprise.

(c) Discontinuity of services: If a private sector organisation does not meet the required standards or is unable to continue operating, the government may be required to take on the task of continuing the programs or the operation of the institution.

(d) Hidden costs: Firstly the private sector's profit motive may lead to the establishment of a strong lobby group who will promote the development of more institutions to increase organisational profits. This

- 11 -

would be at the expense of community correctional programs and the ultimate public cost of paying for an increased proportion of imprisoned offenders.

Secondly, there are questions about how much more cost­effective private sector correctional services are. There will need to be a full comparison of the actual total costs involved in operating an institution. The Queensland Government claims Borallon will be 7.5% to 10% cheaper to operate than a comparable public sector operation. However this saving does not appear to take into account the public sector costs of ensuring adherence to contractual standards. This cost should be borne by the private company.

(e) Effects on public sector officers: the citing of initiatives needed in corrections by supporters of privatisation has had a de-motivating effect on public sector officers and managers who have struggled, within the limits of bureaucracy, to introduce these initiatives. De~motivating also would be a situation where only the most productive and easily managed prisoners were moved to the private sector.

(iv) Key issues are:

(a) Privatisation provides ready capital funding at a time when the government wishes to reduce the overall debt of the state of NSW.

(b) The disadvantages and cautions outlined will need to be managed if privatisation is not to be only a short-term benefit and/or ultimately demoralising to the public sector system which will need to continue to manage the majority of prisoners.

(c) Private sector operations will need to demonstrate their ability to manage prisons in a way that does not put public safety at risk.

(d) Privatisation offers a benefit to the community if a gaol can be operated properly and effectively at less cost than current public sector gaols.

- 12 -

2. PRISON MANAGEMENT POLICY

2.1 NEW MANAGEMENT APPROACHES \

\ The new approaches to Prison Management can be described within five concepts:

System of Sanctions and Rewards (Hierarchy of Privileges) Uni t Management (. Case Management Group Management of Prisoners Team Structures

The main features of these concepts are described.

The operational processes and areas mainly affected are Prison Security, Prison Industries, Prisoner Classification, Prisoner Development, Special Needs Groups, Prisoner Accommodation, Building Maintenance and Environment, and Staff Management. For each of these areas or processes the implications of the changed approaches are outlined.

Appendix 9 is a full list of the management elements to be considered in the design and constructiori of prisons.

2.1.1 System of Sanctions and Rewards

A defined system of sanctions and rewards is a key element of the revised prisoner management policy. This approach is consistent with relevant correctional and management theory based on the concept that behaviour which leads to a positive result tends to be repeated and behaviour which leads to a negative result tends not to be repeated. Research has demonstrated that in order to improve performance, the desirable behaviours and the rewards must be clearly defined and closely linked, and that the situation must be structured to ensure that incentives and disincentives are clearly communicated and fairly and consistently applied.

The Hierarchy of privileges: This system is designed to encourage prisoners to perceive and understand a direct relationship between their own behaviour and performance, and the conditions under which they have to serve their sentence. The Hierarchy of Privileges will provide a system of incentives for co-operative behaviour. Disincentives in the form of the loss of specified privileges will result from non-co-operative behaviour. This will ensure that privileges are earned, and should contribute to a more orderly and productive institution.

An understanding of the real meaning of priviliges will be restored. Distinction is made between privileges that must be earned, and the entitlements (Appendix 2) arising from the obligations of the Department to the prisoner as outlined in the Prison Act and Regulations. There should be an emphasis on the reciprocal obligations of the prisoner as an inmate member of the prison community. Appendix 3 lists the positive behaviours required of prisoners as reciprocal obliga tions .

- 13 -

2.1.2

The system of sanctions for disruptive behaviour is documented in the new Regulations, and local rules may be developed at institutional and unit level. These must be consistent with the purpose of the overall approach.

An important change in what is required of prisoners is that prisoners must work. Major strategies are being implemented to increase the number of work positions available. Prisoners who refuse to take up work opportunities will be confined to certain areas during work hours and will lose privileges. Reward elements of the Hierarchy will include extra visits, personal clothing and cell items, access to internal and external programs and more desirable units or cells. Prisoners will be assessed regularly by the unit Case Management Review Team to determine suitability for movement forward in the system to an improved level of privilege or more desirable gaol, or backward in the system to a lesser level of privilege, gaol, or even loss of privileges. Prisoners will be assessed on the basis of their productivity, conduct, co-operation, punctuality, cleanliness, program attendance and achievement etc. An outline of the Hierarchy of Privileges is included as Appendix 10.

The current Security Classification System is one part of the Hierarchy of Privileges. There will be a hierarchy of gaols within each security classification, in terms of the relevant desirability to the prisoner, of each gaol. Prisoners will strive to move to a gaol with better facilities or in the metropolitan area.

A distinction is made between 'loss-of-privileges' and segregation. Privileges will be lost as a punishment for unacceptable behaviour as defined by the Regulations. The prisoner will remain in the normal cell with a restriction on cell items allowed. Segregation entails the prisoner being moved to a separated unit, with its own rules and criteria for progress out of the segregation unit.

Unit Management

Unit Management is a decentralised approach to institutional and inmate management. A permanent team of officers <uniformed and non­uniformed) works with the unit manager. The team is accountable for the operation of the unit. An important feature is the involvement of the prisoners in the development of unit rules and values, and decision-making at specified levels. This helps to break down the traditional attitude of prisoners that authority and regulations are arbitrary and designed to 'get' the inmate.

Unit Management provides a method of managing prisoners that has benefits in a number of areas:

*

*

*

It assists in the dynamic security of the gaol as closer interaction of staff and prisoners facilitates the prevention of incidents. It reduces the risks to the individual prisoner and reduces the need for separate Protection areas. In its fullest operation it provides the process whereby prisoners can learn and experience the workings of a community, the need for

- 14 -

rules and each person's obligations to the community, as well as the benefits.

* Closer interaction also provides a more effective environment for staff to model acceptable community behaviour and attitudes.

* It facilitates the development of better inter-personal relationships.

* It helps to achieve better understanding between staff and prisoners.

* It reduces the risk of prisoners becoming 'institutionalised' by providing opportunities for decision-making.

* Together with case management approach it helps to make individual program provision more effective and efficient.

* The division of the gaol into units helps to separate and manage differently special needs groups, segregation groups and groups at different privilege levels within the gaol.

unit Management has important benefits for staff: a less stressful and tense working environment; opportunities to participate in decision-making processes and to develop inter-personal and leadership skills.

unit cooking may be offered as part of the Hierarchy of Privilege .. New gaols should provide both 'centralised cooking facilities and areas within each unit for re-heating centrally cooked food, or for unit cooking.

2.1.3 Case Management Approach

As part of the Unit Management of prisoners, a Case Management approach will be adopted by unit staff. The Case Management approach is a useful management tool in the efficient and effective general management of prisoners and the provision of development, care and other prisoner service programs. It is consistent with the principles of the new prison management policy in that it will: * facilitate a closer monitoring of the prisoner's

progress and behaviour; * will encourage the prisoner to take responsibility for the nature

and progress of his/her program; and * will provide the process by which assessment of the prisoner's

readiness to progress to another level of privilege or security classification is made.

The approach also ensures that the resources are used most efficiently: information can be shared (with due regard for professional confidentiality) and decisions about the needs of the prisoner and subsequent referrals are made jointly by the multi­disciplinary team. The prisoner cannot take up the time of several staff with the same problems, nor can the prisoner play one staff member off against another, often also avoiding taking responsibility for his/her own actions.

The unit team will review the whole integrated gaol program, including all those activities both compulsory and voluntary, required of, or

- 15 -

offered to, an inmate during his/her period of incarceration; for example, discipline, formal education programs, counselling and post­release planning.

The unit team will, with the prisoner, assess, set the program, monitor and change it where relevant and finally assist the prisoner in using community agencies on release. It will ensure that staff co­ordinate their input to provide the inmate with a longitudinal, sequential developmental program. This will help the prisoner to develop the ability to work towards longer-term goals. The multi­disciplinary approach results in the co-ordination of the work of gaol staff to obtain maximum effect.

2.1.4 Group Management of Prisoners

2.1.5

There will be double shifts in industry in order to provide workstations for more prisoners, longer work hours for prisoners and maximum return on the industries' facilities. Double shifts also provides for the separation of groups of prisoners.

Two models have been developed that provide for double shifts in Industries in maximum and medium levels of security without a significant increase in recurrent costs. The models avoid the need for two complete shifts of gaol staff. The models are flexible, allowing for the needs of different gaols. On weekends double shifts do not apply.

There will be restrictions on the movements of prisoners in maximum and medium gaols. Generally prisoners will move in groups between units, industries education and recreation areas at defined times. Physical barriers between areas will be avoided wherever possible. In maximum and medium security gaols formal musters will be part of the more structured control of prisoners.

Team structures

Traditional staff management and operations have been based on separate disciplines and the fulfilment of defined tasks and procedures. This has resulted in an emphasis on procedures rather than objectives or results, and conflict between the various staff groups. Funding has been in terms of programs, but there has been no clear relationship between funding and the objectives expected from that funding. This has prevented firm accountability of managers for effective use of resources. It has also meant that often a manager, or superintendent, has been responsible for the achievement of programs through staff over which he/she had no control.

Funding is provided to the Department in terms of Programs. The objectives (desired results) of the Department are specified for each Program. The restructuring of the Department and of the institutions will ensure that operations and staffing are in terms of the Programs. This means that at each level a manager will be accountable for and funded for a specific set of objectives; and will control the staff, of whatever specialist discipline, necessary to achieve those objectives.

- 16 -

The introduction of team structures should facilitate results-oriented management, expanded role for prison officers, firm accountability (entailing clear objectives at each level), and participatory management as each staff member contributes to the operations of his/her Program Team.

2.2 PROCESSES AND AREAS AFFECTED

2 .2. 1 Prison Security

2.2.2

The perimeter boundary in maximum security will include masonry walls, without towers. There will be perimeter patrols. Electronic security will include interactive groupings of various alarms systems, and fixed and moveable closed-circuit television.

More stringent internal controls will be achieved with the restriction in a maximum and medium security on movement of individual prisoners, specified group movement times between units, industry, and recreation areas units, and the closing of units during the shift time. Generally, prisoners from other units will not be allowed in a unit at any time. This, together with the development of each unit's culture and activities as part of Unit Management, will help to reduce the natural formation of groups with criminal values.

Unit Management will facilitate the introduction of dynamic security, where closer interaction between staff and prisoners helps in the earlier recognition and prevention of potential unlawful acts, disturbed behaviours or disorder.

Prison Industries

It is declared government policy that every prisoner will work and that there will be opportunities developed for full and meaningful work. Key elements will be: the expansion of opportunities in Corrective Services Industries; the introduction of a system of rewards to encourage commitment and quality work, integrated with the overall Hierarchy of Privileges; the commercialisation of management and operation of Industries; and the introduction of a system of performance monitoring for Industries personnel.

The current program of Prison Industries revitalisation is firmly geared to implementing Government policy in relation to compulsory prisoner work.

It is relevant to refer to the Premier's announcement of 27 April, 1989, viz:

"One of the clear cut goals in my administration is to ensure that the long term rundown in Prison Industries is reversed and that within the first term, (of the Government) if at all possible, each and every prisoner in the System is given the obligation and the opportunity to do real and meaningful work."

"Real and meaningful work" is a significant departure from the historical operation of Prison Industry. This implies the positive

- 17 -

development of prisoner habits and skills whilst being employed for a full working day. An important secondary objective for Prison Industries is achieving a level of economic performance which will reduce public expenditure on Corrective Services. The provision of workshop facilities that will enable the effective implementation of these expectations is crucial.

Relevant issues in relation to the provision of Prison Industries' facilities are:

(i)

(ii )

(iii)

(iv)

(v)

(vi)

(vii)

(viii)

Traditionally a large degree of 'feather-bedding' has occurred in Prison Services employment. Many positions contributed to little more than an hour's work per day. is unacceptable and must be reversed. The aim is a full eight-hour work day for prisoners.

have This

Within a prison population it is estimated that no more than one third of prisoners can be offered real and meaningful work on prison services' functions.

Of the remaining two thirds of the prison population employment is required within commercial industries.

Within a prison environment it is believed that the number of prisoners within a single workshop who can be reasonably, realistically and effectively managed is up to 50 prisoners.

For a population of 300 this would involve, on a double shift, the provision of two workshops.

The required area of workshops within the five (5) relevant Product Divisions of Corrective Services Industries is within the range of 12 square metres - 25 square metres per prisoner. However, the lower end of the scale covers textile manufacture where existing market saturation is likely to impede further development. Future workshops are highly likely to be involved in light manufacturing encompassing a per prisoner range of up to 25 square metres.

A key aspect of providing full-time employment responsibilities for prisoners is the introduction of time clocks to prisoner workshops and the conversion of the prisoner wages system from weekly to hourly. This will ensure payment is for hours actually worked.

Unlike most Prison Industries structures throughout the world, New South Wales Prison Industries do not operate upon mandatory markets. All marketing opportunities are gained on the open market by competitive advantage. It is therefore impossible to define the manufacturing structure of workshops over an infinite period. This necessitates workshops being flexible in their application for future manufacturing or service structure.

- 18 -

The Kleinwort Benson Report recommends the incorporation of a new Company to own and operate Prison Industry. The report cites PRIDE of Florida as an operational model of such an establishment. The PRIDE example whilst achieving a positive level of economic performance is understood to employ only a small proportion of the total state of Florida prison population. Thus, if such model were to be adopted in New South Wales an additional strategy would be required to provide gainful activity to a large proportion of the Prisons' population.

2.2.3 Prisoner Classification

2.2.4

A recent review of classification has recommended two significant changes: that classification processes be decentralised and that a policy be developed to facilitate a reduction in the number of maximum prisoners.

There will be six (6) reception gaols, and local Classification Committees will make the initial recommendation as to appropriate classification. The functions of the present Reception Committee and Program Review Committee will be carried out by the Classification Committee, in conjunction with' the Case Management Review approach of unit officers.

A central Classification Review Unit will monitor the appropriateness of the local recommendations for classification and placement to ensure that the places in the system are used as efficiently as possible, and that the risks of escape or disorder are minimised.

A policy to reduce the proportion numbers of prisoners in maximum security will reduce recurrent prisoner costs. It is considered that many prisoners currently held in maximum security would be effectively contained in medium security. The policy proposal will include strategies to monitor implementation and specify which gaols could be converted to medium security. Although the policy will provide for the movement of only those suitable for medium security, the escape policy and legislation will be reviewed to minimise the risks of a rise in the number of escapes.

The proposal to make the cell construction at maximum and medium security gaols similar will facilitate any future flexibility required in the number of maximum and medium gaols.

Family and Community Contact

The introduction of the Hierarchy of Privileges will affect visits, mail and phone calls by limitations on the extent of these as part of the privileges that must be earned. There will be also the progressive introduction of 'user-pays' for phone calls and mail.

Visits is one of the most important elements of prison life. Research has demonstrated that the maintenance of family and community links is correlated with success on parole. Over the past decade the number and duration of visits allowed to prisoners have increased considerably. However, the problems associated with contact visits have increased considerably as well.

- 19 -

The revised policy now restricts the number, length and procedures of visits. As part of the Department's firmer overall management approach, two main reasons for restricting visits are clear. The efficiency of visits must be considered: lack of control over contraband is costly in terms of staff and prisoner safety, and the staffing cost of unlimited visits cannot be justified. Secondly, as part of the Hierarchy of Privileges, extra visits is an important element that should be earned, and will enable a clear· distinction to be made between institutions in the hierarchy of gaols.

J \/ The length and number of visits beyond that specified in the Prisons I\~ Act will be restricted, starting with no contact visits for the

, ~s andard regime for non-workers in maximum security, and increasing with the level of privilege and security classification. For long­term prisoners and security-risk prisoners in maximum security there will be the opportunity to earn contact visits of greater duration and

2.2.5

frequency. For reception prisoners, visits that can be earned beyond that specified in the Prisons Act will be one (1) contact visit on reception and another per month until classified and placed.

As is the case for all the elements in the hierarchy of privileges, the superintendent has the discretion to add a limited number of visits as rewards for excellence or for unusual circumstances. However, the superintendent has the responsibility of maintaining the spirit and overall consistency of the privileges system.

In maximum and most medium security institutions visits will be held only on weekends. This will reinforce the concept of a full working week for prisoners and will be less costly in staffing levels. In some medium security institutions it may be advisable to introduce a mid-week visits session as part of the hierarchy of gaols; without some extra incentive it may be difficult to prevent prisoners from manipulating a return to metropolitan maximum security gaols. An extra mid-week session will require staff, but this duty may be organised to fit in with another duty such as escorts.

There will be three types of visits in maximum and medium security gaols:

Non-contact visits Limited contact visits (with restrictive procedures) Contact visits

If visits are to be seen as an incentive, contact visits should be worthwhile in the degree of contact (within the bounds of appropriate public behaviour), duration and comfort for prisoners and visitors.

Prisoner care & Development

Every person.sentenced to a term of imprisonment becomes the responsibility of the Department of Corrective Services. The community is reliant upon the Department for the condition and progress of the prisoners in gaol and their condition on release to the community at the end of the sentence. At least, the prisoner's attitudes and skills should not have deteriorated. At best, the

- 20 -

!

prisoner will have developed attitudes and skills to improve his/her ability to live a lawful life in the community.

The provision of general development programs in the gaols will be affected by the new management approaches in four main ways:

(i) development programs will focus on the acquisition of skills (for example literacy, numeracy and communication) and attitudes necessary to be able to learn and carry out new work duties and skills; and the acquisition of abilities and

, .nO I 5 and safely with others in a work place;

~~ (ii) the range of general development and activity programs will be reduced;

(iii) adequate provision of general development and recreation programs to occupy prisoners' time is necessary as a contribution towards good security;

(iv) the access to prisoners' and the methods of providing care, development and activity programs will be changed with the introduction of unit and case management, double shifts in industries and reduced visits.

Classrooms will be located adjacent to or within the Industries block. Work programs will be interrupted only for necessary vocational training and development (including literacy and numeracy classes). Literacy and numeracy classes will be compulsory for those without defined levels of skills in those areas.

There will be a reduction in the range of programs provided at each gaol. At the basic level in maximum security prisons there will be less time out of cells and activities will be carried out more in the unit and the cell. Innovative approaches to the provisions of general development and recreation activities will be implemented. Long-term and life prisoners will be offered the opportunity to earn extra and specially-focussed programs. Units for special needs groups will also offer specially-designed programs.

Activities will be carried out in the unit, cell and in defined indoor and outdoor recreations areas, in shifts. There will need to be adequate purpose-built facilities to provide the activities and development opportunities offered as part of the Hierarchy of Privileges and to meet the requirement for increased activities on weekends as visiting times are reduced. For example, water and sink for wet crafts and C.A.L.L. activities, and storage space in the undercover Activities area.

The shift concept allows for an efficient band-width for development and care staff, but basic programs will need to be repeated for each shift. Staff resources will need to be provided for two shifts. Each 'house' (two units) will need to have a multi-purpose room for group meetings, classes, counselling and unit recreation, and room for individual counselling and interviews.

- 21 -

2.2.6

In gaols where there are insufficient work opportunities to employ the full prison population, a broader range of development programs will be provided to usefully occupy the prisoners. Each prisoner in these gaols should have a full program of development and recreation activities.

Prisoners who refuse to participate in work or substitute programs will need to be confined to a specific area during shift hours. These prisoners will lose privileges until they demonstrate compliance with the administration's policies.

Drug and Alcohol Services will be more efficiently and effectively provided by systematic screening of prisoners on reception, and by a system of prisoner achievement contracts for access to services according to needs.

The urine-testing program will be continued in gaols, requiring areas for sample-taking and storage. As this program will not be funded separately after July, 1990, resources will need to be provided.

The introduction of compulsory HIV screening will necessitate the provision of pre- and post-test counselling for all prisoners, and specially-designed programs for HIV+ prisoners. Consistent with practice in the community, these prisoners will be integrated with the other prisoners in normal gaol routine.

unit and case management will facilitate a more economic, focused and effective approach to providing a suitable program to each prisoner. The multi-disciplinary team in each unit establishes a process to assess, set, monitor and change a full program for the prisoner. An essential element is the continuing involvement of the prisoner in determining the elements of the program and taking responsibility for the decisions and progress that is made. Resources are not wasted on prisoners who will not commit themselves to real involvement in a course or activity and the multi-disciplinary approach prevents the prisoner from passing blame for lack of progress to staff.

Special needs Groups

There will be a continuation of a focus on the needs of special groups: Non English speaking background, aboriginal, young, intellectually disabled, and protection prisoners. For a most efficient approach, programs for each group will be confined to certain gaols. This will facilitate also the development of staff with specialist skills. The construction of gaols in units will enable groups with different needs to be managed differently.

The introduction of new policies will take into account any difficulties in communication and/or understanding of special groups. The implementation of the Hierarchy of Privileges will be interpreted sensitively for those with a disability.

- 22 -

2.2.7 Prisoner Accommodation

A distinction is made between Unit Living and Unit Management. Unit Living means that the gaol is divided into units, rather than wings.

Unit living facilitates Unit Management, but is not an essential pre­requisite. For flexibility, and in consideration of the objective to manage most prisoners according to the principles of Unit Management, gaols will be constructed in units.

The overall institution is divided into smaller, more manageable units. Each two units of 25-30 each makes up a 'house' with shared officer station and large activity rooms.

The Standard Guidelines for Australian Prisons recommend a single cell for each prisoner. This is a long-term aim of the Department. In the short term single cells will need to be shared.

In the interests of efficiency, cell size, fixed fittings and finishes will be standard for all cells in maximum and medium security. In the interests of security, efficiency in recurrent costs, and health, each cell will include a shower. The Hierarchy of Privileges defines the additions to the cells that can be rewards for acceptable behaviour.

2.2.8 Building Maintenance and Environment

The maintenance of the prison buildings and environment, essential to the proper management of resources, will be improved. Key elements will be the development and monitoring of planned maintenance programs; the introduction of 'commercial-style' cleaning and maintenance teams; and greater local responsibility for ensuring economical minor renovation and redevelopment. There will be a focus on the maintenance of neater, cleaner and more attractive environments. This will provide a greater number of full-time positions for prisoners.

2.2.9 Staff Management

" ~~ There are major changes in staff management in four areas: teams J structures and participatory management, widespread initiatives in

~~ .. ~~. training and development, the development of a Code of Conduct and ~ 0ti-corruption policy, and the implementation of the Structural ~ ~~ Efficiency Principle. These initiatives will provide improved working ~-~ conditions and satisfaction for staff.

Team Structures: This is a radical new approach in institutions; changing traditional attitudes and the line reporting process in each gaol. The staff of the gaol will be divided into teams, each with a manager. The teams are consistent with the funding Programs so each Program Manager will be accountable for the achievement, in the particular gaol, of the objectives of the Program.

Appendix 11 depicts the team management structure for a standard gaol. There will be variations for smaller gaols, and minor variations in

- 23 -

specific gaols (e.g. where there is little industry). These teams form the line-reporting mechanism for the staff of the institution.

Unit and Case Management: involvement of officers in a more interactive and broader role will provide expanded opportunities for development of leadership and inter-personal skills and increased job satisfaction.

Code of Conduct: Public confidence in the integrity and probity of the Corrective Services Department is critical to effective administration and operations. The development of a Code of Conduct, Statement of Values and the Anti-corruption Plan will define clearly for each staff member ethical boundaries and behaviours. This is an important step in the reduction of any illegal and corrupt activities and in the further development of a highly trained and professional staff.

Training and Development: Between 1984-1989 training and development programs were considerably reduced. The establishment of the Corrective Services Academy and plans for a broadly-based training program at the Academy and at the gaols is critical at a time of major organisational change. As the training and development programs are being reviewed and as initiatives are being developed, the extraordinary extent of the urgent training needs of the Department is being recognised. Training and development must be an essential and integral part of the normal operations of the gaol, of the implementation of the policy initiatives listed and of the requirements for all promotional positions. The success of the new policy initiatives is dependent on adequate and timely training and development.

Structural Efficiency Principle: The Structural Efficiency Review offers potential for fundamental industrial changes which will introduce a new concept of the correctional officer, eliminating the dichotomy between uniformed and non-uniformed staff. New career path opportunities will naturally flow from these initiatives including multi-skilling that will, in conjunction with broad-banding of appropriate classifications and suitable training and retraining, lead to a more efficient workforce engaged in varied and fulfilling jobs.

The extent and nature of the effects of this program will be widespread. It will require a comprehensive training and organisational development program.

2.2.10 Medical Services

The formation of the inter-departmental Joint Management Board for Prison Medical Service will review, co-ordinate and manage the provision of health services to prisoners.

The Prison Medical Service refers prisoners to outside medical services only when the Prison Medical Service cannot provide the service. Where prisoners are seeking elective surgery the decision on

- 24 -

access rests with the Department, in consultation with the Prison Medical Service. The prisoner meets the costs of the escorts and services provided.

The Director of the Prison Medical Service, Dr. McLeod, believes that privatisation would disrupt the provision of services of a consistent standard and would prevent the maintenance of adequate records. The majority of the services provided to prisoners are met by fees for services, as in the community. In country towns such as Junee the use of private hospitals should be considered as part of finding the most efficient and effective range of services.

The Prison Medical service will continue to provide a range of health and dental services consistent with standards in the community.

2.3 REGIONAL GAOLS

Consideration will be given to the concept of a regional gaol, where several gaols of 250 cells each share central facilities. The prisoner would serve the whole sentence at one location. The advantages of this are:

prisoner transfer costs are reduced; reduced capital costs resulting from shared facilities, roads, administrative areas and sports fields; the prisoner has the time to develop more advanced industry skills; Prison Industries can introduce more sophisticated and profitable industries; the overseer/prisoner ratio can be reduced as prisoners become more skilled; staff/prisoner interaction is more effective given more time; prisoners cannot avoid the consequences of their actions by transfer; job rotation for staff can provide relief from the more tense atmosphere of maximum security.

The disadvantages are: the majority of prisoners, because of family reasons, prefer metropolitan gaols and will contrive to be transferred to the city; as medium and maximum security will be within one wall there needs to be extra barriers which adds to the restrictive atmosphere and may be more costly in staffing; the effectiveness of the Hierarchy of Privileges is reduced because prisoners cannot strive to be moved to a gaol in a more desirable location.

Changes to the basic plan of the gaol would include the need for a multi-entry gatehouse.

2.4 . IMPLEMENTATION ISSUES

(i) Introducing Change: The Department of Corrective Services is experiencing an unprecedented period of change. The government has initiated a series of financial and management reforms that have

- 25 -

comprehensive implications for the Department. During the past year a range of initiatives and policies have been introduced that mean major changes in the correctional methods and procedures of the Department. The initiatives include: * the establishment of the Corrective Services Academy and a

revision of traditional training and methods

* * * * * * * *

* * *

the re-structuring of the Department and gaols the implementation of the Bauer recommendations the implementation of the Structural Efficiency Principle the implementation of the productivity and portfolio savings revised prisoner drug control and anti-corruption strategies-­the urinalysis program proposed Aids screening, counselling and integration program the introduction of management development and training programs for superintendents and other executives the introduction of and training for improved emergency procedures the implementation of the Sentencing Act the implementation of the Code of Conduct and Anti-corruption plan

The effective introduction of change can be limited.if too much novelty has to be dealt with at once. Staff may lose commitment to achieve the objectives of the change if too much is asked of them, or if they feel uncertain of their ability or skills. However it is essential that government policy be implemented.

A planned organisational development program to incorporate all the current initiatives must be implemented. This will include an education and information program; training (formal courses and locally-based training); integration with selection processes and other operations; and staged implementation. The program will provide opportunities for managers and staff to contribute to the planning -process and to make comments on the effectiveness of the imp~ementation.

The introduction of major changes in the routines of prisoners must also be carefully managed. The organisational development program would include the education and information phases and the staged implementation. But the timing of the implementation plan should be constantly reviewed to ensure that no other situation or prisoner concern arises that would be a volatile base for the introduction of any initiatives.

The proper and appropriate release of information about proposals is essential. Distorted information can be destructive to staff morale and prevent the development of commitment.

It must also be recognised that these changes in prison management policy represent a radical change in attitude and behaviours. Many staff and managers will find this hard to agree with and implement. This reinforces the need for a staged comprehensive organisational development program.

(ii) Overcrowding: the implementation of initiatives can be limited also by overcrowding. Overcrowding puts a strain on the facilities in

- 26 -

every area, and this in turn, puts a strain on staff and prisoners, raising the tension level of the gaol. The introduction of unwelcome initiatives in this atmosphere can be the stimulus, for either staff or prisoners, for resentment and possible unco-operative action.

Ideally, to achieve the flexibility to properly implement initiatives relating to classification, special needs groups and adequate control of prisoners the occupancy rate the Department should aim for is 85%. This allows for the separation of prisoners into defined groups. The inability of the Department to achieve this in the near future once again underlines the need for realistically and planned implementation of new policies.

(iii) Traditional physical facilities: although the effectiveness of policy initiatives such as the Hierarchy of Privileges will depend on the consistency with which it is applied across the system, the implementation of unit management and double shifts must be reviewed and possibly modified for each current gaol to take into account the suitability of the physical facilities.

(v) Monitoring and Evaluation: each phase of the new policies introduced should be monitored to ensure consistency with the defined aims and methods, and evaluated to determine whether planned efficiencies and objectives have been achieved.

(v) Training: The initiatives being introduced by the Department will require managers to take up new challenges and methods, and will generate a need for training of staff in the institutions and central administration.

Such training will take three forms: a) Training at the Academy b) On-site training in the institutions c) On-the-job training in the institutions

For effective structured training to occur in the institutions, gaol design must make provision for appropriate training and counselling facilities. These facilities will not need to be extensive but must be clearly defined as training areas.

2.5 RESOURCE IMPLICATIONS

An aim of the introduction of the policy initiatives is a reduction in capital and recurrent costs.

(i) Staffing: The major recurrent cost is salaries. Some of the initiatives will reduce the number of staff required. These initiatives include: * reduced visits * * * *

no towers in new gaols shorter time out of cells for some prisoners units closed during work shift restriction on individual prisoner movement

- 27 -

unit management will not increase staffing levels if the physical facilities are appropriately designed or re-constructed and the strategy of restricted movement of prisoners is implemented. The combined effect on staffing levels of these initiatives is taken into account in the staffing level used as the basis for the 'standard' maximum security gaol costings listed below.

The staffing level required for a gaol varies according to a number of factors: the security level, the extent of out-of-cell hours, the number of internal divisions, the amount of free internal movement of prisoners, the number and nature of programs provided etc. Costings for specific gaols will vary from the standard depending on the above factors.

It is proposed that a policy be developed to reduce the numbers of prisoners in maximum security. If achieved this would reduce the staffing levels at those maximum security gaols converted to medium.

However staffing will need to be increased for the new gaols and extensions being constructed to meet the continuing increase in prisoner numbers.

(ii) Organisational Development: resources will be required to implement the education and information program, and particularly the training and development.

In recent years training and development in the Department of Corrective Services has been all but nil, due to overtime cuts and staff shortages. It is ineffective to increase staff and train only at the recruit level. This is what has been taking place. It is estimated that 1000 prison officers will need to be recruited in 1990.

The Corrective Services Academy opened with a major program to revise and revitalise the traditional training areas, to reintroduce pre­promotional training and to introduce executive development programs. The training and development required in addition to effectively support the introduction of the numerous initiatives listed in the previous section necessitates a specific funding program. Enlarged facilities required at the Academy will be an additional capital cost.

New South Wales is faced with the greatest number of prisoners and the greates1number of problems compared to other Australian jurisdictions. Yet the proportion of the Department's allocation i~training is smaller than in other states.

N.S.W. Victoria

Total Salaries A Items SKil

103.21 62.7

staff Training/ Development SKil

1.04 3.8

percentage

1% 6%

The extent of these required changes and their implementation at the same time as the productivity and portfolio savings makes impossible the meeting of these needs out of current resources.

- 28 -

3.1 EVOLUTION OF PRISON DESIGN

Prison design is largely influenced by the management model to be adopted at the appropriate category level. Prior to the Nagle Royal Commission the majority of Prisons had been built before or at the change of this Century and reflected the stark designs which emanated from England, retaining the harsh management model from those early days. Prisoners had few privileges. Meaningful work and exercise, education and the like were limited or non existent. Prison design has little regard for natural light and ventilation let alone the ability for the prisoner to relate to the environment. These prisons were economic in terms of Capital and recurrent expenditure.

The destruction of Bathurst gaol in 1974, and the subsequent Nagle Royal Commission, led to a recognition of the need for a revised approach to prison management. As a result, the prison at Parklea was designed and constructed. The management model to which Parklea was designed took into consideration all those features lacking in the older prisons. Emphasis was placed on the ability of the prisoner to take in the environment whilst locked in his cell and in the yard areas. Meaningful work, education and social support was provided l 1-recognising punishment to be inflicted on the prisoner. ,

Successive Governments since have been concerned with the high Capital and recurrent costs associated with this style of prison. While there was no desire to reduce the service to the prisoners, alternatives had to be considered for management, materials and methods of Construction.

The evolution of these alternatives was the Special Purpose Prison at Long Bay, followed by Lithgow which is now proving to be most cost and time effective in project delivery and has the potential for low recurrent costs, retaining all the attributes of Parklea.

3.2 PLANNING IMPLICATIONS OF POLICY INITIATIVES

The prison management policies developed through task force meetings chaired by the Minister and described in this report, provide a springboard for the preparation of comprehensive briefs for future prison projects, and the development of planning options with costs, all of which meet Government needs for cost effective, timely, functional and secure prisons. Historically, comprehensive management policies for prisons have not been documented, resulting in recent projects being driven by planning rather than sound management models.

It is proposed to continue value management reviews of briefs and planning solutions for all future major prison projects as each is developed to ensure that their criteria of time, cost and security is met.

Note need to be taken of the significant brief development and planning review processes which have been implemented in recent new prison projects such as Special Purposes Prison at Long Bay, Lithgow and John Morony Centre. These processes include value management reviews, the testing of private sector initiative, testing of

- 29 -

3.2.1

materials and system (e.g. perimeter security options at Lithgow), and studies and implementation of variable delivery systems.

The adoption of brief and planning solutions to address the new management policies is considered to be a natural extension of many of refinements made in the brief, planning and costs of recent new prison projects.

Following are comments on the key changes in policy as they relate to existing prison models and their effect on future planning. The comments follow the text of the main report.

System of Sanctions & Rewards

To provide the Superintendent with the ability to manage difficult prisoners within his gaol, a group of management cells is provided. This initiative should reduce substantially the need to transport prisoners away from their gaol of sentence.

Segregation (Loss of Privilege)

2 units of 10 prisoners which are separated physically from other units and set out as follows:

Unit 1 5 cells with a common yard 5 cells with a common yard

10 Unit 2 2 cells with a common yard

2 cells with a common yard 2 cells with a common yard 3 cells with individual yards

_1 dry cell with no yard 10

These prisoners undergoing segregation will not be permitted access to the general service areas of the institution with the exception of the visiting section and be generally regarded as having limited freedom.

Each unit will contain interview rooms, multi-purpose rooms, exercise areas, one dry cell. These prisoners are not be 'deprived of any rights or privileges other than those which may be determined by the Department' as set out in Section 22 of the Prisons Act. The dry cell shall be used as special purpose observation cell located adjacent or opposite the Staff Station.

A "dry cell" is a standard size cell without any fixtures, fittings or furniture, used to observe prisoners. A large, secure observation panel is required in the door or walls and a floor waste is to be provided.

All segregation areas should be located away from other 'houses' in the gaol, however, as the protection area will be cooking for segregation this should be taken into account.

- 30 -

Cells in this section must have corresponding exercise yards of 9 sq.m. per cell.

Both segregation units will be managed from a shared staff office.

The staff office must enable supervision of the whole area of the unit as well as become a safe area for staff in the event of an emergency whilst facilitating staff-inmate interaction.

This area must also contain non contact interview rooms and multipurpose rooms, the use of which will be time managed by the staff.

It is anticipated that prisoners will be transfered from these restricted environments into normal discipline through the various levels of accommodation when judged appropriate.

All cells should contain segregation standard cell furniture, however toilets and basins are to be stainless steel, available from Alpha Australia Sales or fittings supplied Southern Cross Stainless Steel. The essential differences in living conditions will be in hours out of cells, property permitted, access to visits, phone calls and contact with other prisoners.

Segregation cell entry doors are to be at an angle of approximately 30-45 degrees to the front wall to enable full vision into all areas of the cell from the vision panel in the door.

Protection Prisoners

It is essential that the prison provide accommodation for 30 prisoners requiring protection. It is necessary that these prisoners be separated from all other prisoners in all activities, however, with a view to minimising staff, this facility can operate under the control of the segregation staff station. it would be necessary to ensure internal sound transmission is minimal between the two areas.

It is necessary that programmes facilities are included in this area. Additionally, the unit requires the capacity to separate groups of protection prisoners from each other in three units of 10.

One of these units will house strict protection prisoners and will require attached exercise yards. To this end provide four (4) single cells with individual yards, one (1) double cell (containing 2 prisoners) with a double size exercise yard, and four single cells with double exercise yards (i.e. 2 yards).

All cell power outlets to be fitted with an earth leakage system.

It is intended that such separation will be affected to some extent by judicious management use of the facility.

- 31 -

3.2.2. Prison Security: A

In response to the decision to delete towers on perimeter fencing for maximum and medium security prisons the current brief requirements address the decisions taken in the Minister's workshops in respect of the perimeter boundary precisely. Estimated cost per linear metre all inclusive $3,882.00

Perimeter Security

The perimeter security barrier system will be of a sufficient standard to meet the following objectives:

A. A strong security perimeter affords prison officers the confidence that prisoners will not escape. The resultant confidence allows a better relationship between the officers and the prisoners. A secure perimeter decreases the need for security within the institution.

B. The perimeter security should delay an escapee for as long as possible while allowing adequate time for a detection and sighting by security personnel.

c. While the primary objective of a perimeter security system is to prevent escapes, it is also necessary to prevent entry. Such outer perimeter security should be capable of deterring an intrusion.

To meet these performance objectives, the following perimeter security configuration is required:

An external perimeter barrier fence of 2400 mm high chain link fence to be located approximately 10m out from the perimeter patrol road. This zone is to be cleared of trees and shrubs.

The gaol shall then be surrounded by the following:

The inner-most barrier shall be a reinforced concrete mowing strip min. 150 x 150mm.

Beyond this there shall be a sterile zone 3 metres wide surfaced to a depth of 100mm with gravel. Within this zone at each change of direction in the fence line there is to be a pan/tilt/zoom camera mounted on a 6m high pole. This pole is to deflect no more than 10mm at the top when fully loaded in winds up to 80 km/h. On runs of fencing in excess of 150m there shall be a pan/tilt/zoom camera on a pole at the mid point. (Refer also to clause 26.04).

The first security barrier is to be a 3.5m high perforated metal fence 3mm thick galvanised steel with 12.1mm diameter holes at 11.21mm centres. This will be topped with a continuous run of 150mm diameter concertina razor wire. This fence shall be alarmed with an alarm system that will detect attempts to cut or climb the fence.

- 32 -

From this fence to the primary security fence is to be an area 8m wide with 100mm deep gravel, smoothed out to eliminate hollows. In this zone there shall be two electronic detection systems. The first is to be microwave system arranged as per Figure 1. The second will be an in ground detection system having approval from the Federal Attorney's General Department and similar to H-Field.

In conjunction with these systems there is to be 2 CCTV cameras covering each zone from each end (maximum 100m apart). They shall have monochrome light sensors with a minimum light sensitivity of 5 lux. They shall have fixed focal length, auto-iris lenses chosen so that the two co-located cameras at each end of the zone give a wide­angle and narrow-angle view of the zone, thereby eliminating the need for an extra pole in the middle of each zone. They shall be mounted in environmental housings with heaters and blowers. Each four co­located cameras shall be mounted on a very sturdy pole at the junction of the zones. This pole shall be about 2.5 metres high and should deflect no more than 10mm at the top when fully loaded with cameras in winds up to 80 km/h.

Adjacent to each pole shall bea water-proof equipment cabinet. This unit shall be the collection point for all the video and alarm signals for the zone. It shall be linked to the Control room by both 18 core (62.5/125 micron) fibre-optic cable and the reticulation system for the access control data gathering network. Power shall be supplied from the prison UPS system. All cables shall have extensive lightning protection on them. The door to the cabinet shall have a magnetic reed switch to detect unauthorised opening.

The primary security fence is to be 125 mm thick pre-cast concrete panels to Sm high. This is to be topped with a continuous spiral wound metal drum 900mm diameter. Provide earthing of the spiral wound drum in each run of fence. The earthing of each run is to be bonded together.

The outer 8m zone is to have 100mm deep gravel as per the inner zone, and, contain a microwave detection system. Adjacent to this system will be single CCTV in each direction similar to clause 2S.02.7.

The outer fence is to be 1.8m high galvanised chain wire on 80mm diameter posts.

Oversighting the outer zone is to be another pan/tilt/zoom camera on a 6m high pole adjacent to the roadway, similar to the inner camera covered in clause 25.02.5.

other factors.

Closed circuit television and/or electronic alarm detection systems should provide an early indication of any attempted breach of perimeter security from within.

The building and surrounds should be illuminated to a sufficient level to enable surveillance of the area. This lighting should not be of a glare producing floodlight style, but should be low glare area

- 33 -

illumination. The area should be lit at all times between dusk and sunrise.

The immediate surrounds of the buildings should contain no obstruction to foot and/or vehicular traffic during patrols and pursuit.

A 3m wide gravel road for perimeter patrol vehicles is to be provided, complete with turning bays at the corners and in the centre of long runs. The road is to be located min. 3m from the outer perimeter fence and is to be constructed in accordance with the Roads and Traffic Authority in r~lqtion to earthworks, drainage culverts and gravel. The road is to be designed for use by the perimeter 4 ~D patrol vehicle and the occasional heavy service vehicle.

For minimum security institutions a fence (figure 1) equal to the M.A.C.E.M. fence is provided at an approximate cost of $560 per lin. metre. The provision of this fencing has contributed substantially to the reduction of escapes from minimum security.

Prison Security: B

It is implied that because prisoners are to be locked into Unit Areas, recreation and Industry Areas/that an increase in the security of the fabric of the buildings will be required. However, the most recent industries building constructed at Lithgow has proven to be very cost effective constructed in precast concrete, providing the level of security required. Unit area, which contain the prisoner through the lock up evening hours the most secure buildings in the prison.

Cells

All cells should be designed so that prisoners are securely "locked­in" at night, between the hours of 10.00 pm and 6.00 am as no staff will be directly supervising the units during these hours.

Each cell requires a minimum area of 9 sq. m. This area is based on the minimum requirements of 7.5 sq. m. (ordinance 70 for sleeping areas plus 1.5 sq. m to contain shower and toilet. It is intended that only one prisoner will occupy this cell but taking into account the current overcrowding this cell may be required to accommodate two prisoners. The floor area, natural light and ventilation will be adequate to cater for this additional prisoner.

Each cell will contain the following items:

Hinged steel framed bed Open Clothes stores Writing Desk with Shelf Over and lockable drawer and chair Water Closet with CISTERN concealed and secure Handbasin with Shelf Over Shower Cubicle Towel Rail Unbreakable Mirror Poster Board

- 34 -

x ...

'" .... :c. "'. • w' -'. ¥: ... >. -i <i

8 0 ... -0 0 .,

\.

I I I I i ! I I ; " I

I !

! I • I

: . I

! I

"

lLi

"Co 00 -,-0 AHTI-ClIHB TUBE - ____ ----j~

no

GMHIH GAP

I: .. II ~ f-----+

II fIXIHC;S 10 All.O\ I: f tEKPERATUR

t-il~ -'­II II

4- I • II"

~~H,"' II I'

.fJ !..l

. 1 y. Kl.X~_.l ------+--=--;;>K" I

E9TUBE JOINER

, , , ,

; I I' , . it I!

I !

I( , I :c-----,,,., "·"""0" I ! I

I

i(

11L·j. s·, (HS ?:>~T --_.- ---.- - '-, i 1

I' 1216 . 50,,1 I

--- ~:~Sti ""n OE 0 10 F-CS 1S -- -_.- .,--' - ..•.. - -- -?llll"i' ANO tOP RAil ANO (~S i IN to fOOTlN&

~OO I

JOG

I

I

I I I I I I

I I

I : I 1<

Id I , . I I I i I ,

~ INSIDE 111 I ; I

FOOTING. 1 YI1 T. M.O e.---} lJ.P Co~(i RIO I.T JOO

EjPOST TYPE A

,

I'~-~ I 1 1.1!1 ~I. I . f .--,.

, I'll I

:: ::: ::~:-_ __+_~i III I PIERS UHREINfORC(O ~I I I i I I COI~R£1 E : I :1: I

1H-----POStS CAST IN to PIERS ---+----Hi' I I I : I: I

I ~ I I I k I I I 1 I I I I I I I I . I I

~-I~bl 3l-l--r-l

I

FIGURE 1

E

:x:

'" INSI DE oJ l: Z r 0

'" .' . -.:.-:

E:1POST TYPE B g o

,L ..,-,4--1 ---"-_ •. --,-1, •• mY

Ceiling Light (vandal proof) with night light operated externally by Officer

Bed Light Space Heating TV Shelf and outlet Three Power Outlets (light and power shut down capacity in staff station) Secure Window to the Exterior Door with View Panel Cell Door Locks to Selection Cell Call System (with hard copy printout capacity) similar to 'Stentofon' 6292 or 'Ring Master' from ACS Systems.

All cell power outlets to be fitted with an earth leakage system.

The toilet and hand basin should be grouped together in a 'wet area'. The toilet should be screened from the doorway and either the bed end or a fixed shower screen can be used to achieve this.

Two normal discipline cells and. one protection cell is to be fitted with grab rails in the toilet and shower areas for wheelchair usage.

Cells showers with conventionaY finishes, unless diligently maintained, are a source of continual repair in the prison environment. Floor, wall and ceiling finishes should be highly moisture resistant and vandal proof. Other than conventional finishes are to be given preference. Eliminate conventional paint work and ceramics in wet areas. Ensure efficient cross ventilation to evacuate steam from shower.

Hydraulic stop cocks are to be provided in a secure recess or enclosure, either internally or externally, for quick shut down of cell facilities.

Shower heads and taps are to be similar in all respects to "Donson" or "Enware" Corrective Services Pattern, available from Enware (N.S.W.) P/L.

Any proposed variation from the standard cell layout or fittings is to be subject to DOCS approval.

The landings and stairs to first floor cell areas are to be secured with a robust handrail with vertical supports at approximately 1800 mm c/c and horizontal rails at 250mm intervals, to a height of approx. 1750mm.

Common Room

A common room is required for each group of prisoners (each Living unit) . It should be designed to accommodate the prisoners in activities of dining, reading, talking, watching television, and other recreation such as table tennis.

The room should have natural light, good ventilation, it should be heated and there should be a view out.

- 35 -

The perimeter walls of the cell block buildings are to be of secure construction, including all glazed areas.

3.2.3. Prison Industries

The purpose and aim of the Industries function is to provide full employment for prisoners available to participate.

It is anticipated that between 60-70% of the population will be provided with employment.

Industries

The Industries established as the most appropriate for the gaol environment are:-

A. Light metal fabrication B . Timber products C. Plastics D. Printing/Bookbinding E. Leather/Canvas

Each process will be based on high volume long term contracts where possible and be complimentary i.e. Light metal fabrication might make furniture framework, timber products make the cabinet work and Leather/Canvas make the upholstery. One of these will be chosen at a future date.

However, the workshops shall be sufficiently flexible to allow a complete change of industry some time in the future.

This can be achieved by the rearranging or the complete removal of common walls and the utilisation of over head services such as electricity and compressed air.

Adjusting the prison population to 300, for consistency, approx. 200 prisoners will work. Sufficient floor space to employ this number of prisoners allowing 25 sq. m. per prisoner is 5000 sq. m. Estimated cost $4,250,000.

Working two shifts of prisoners as proposed the work area can be halved to 2500 sq. m. Estimated cost $2,125,000.

it is assumed that the associated facilities such as lunch rooms, classrooms, office post etc. will not reduce by half but by approx. 35%. Estimated cost saving $204,000.

- 36 -

3.2.4 Prisoner Classification

Family and Community Contact

Visits

The provisions in the Department's most recent brief are sufficient to address the decision regarding non contact visits in Maximum/Medium Security prisons.

The area for contact visits has also been maintained to allow for flexibility in the management of prisoners having regard to the hierarchy of privileges and current overcrowding.

Non Contact Visits (Secure Visits)

Prisoners not entitled to contact visits will usually be those that have a history of continued violence or in the opinion of the Superintendent will be a danger to the visitor or whose misbehaviour warrants denial of contact visits, or will be at a privilege level that does not allow for contact visits.

Ten (10) cubicles should be provided to be used by prisoners involved in non contact visits. It shall physically divide the prisoner from the visitor while maintaining comfort and privacy. This is achieved with a solid barrier up to shelf height and glazed above with 11mm glass clad polycarbonate. Conversations should occur in as natural a manner as possible.

Cubicles, without doors on the visitors side, ideally should be proportioned for, say wife and child/children to sit in reasonable comfort. Side walls should be 11 mm glass clad polycarbonate and the cubicles roofed in order to prevent overpassing of contraband. Counter tops should be designed with children in mind. A small child should be able to see over to its father and speak to him. It is desirable that a voice transfer system, similar to B.R.E.C. security voice louvre is used.

On the basis that prisoners are granted a contact visit of 1/2 an hours, once a week in accord with the act, the 10 cubicles specified provide for 280 visits per weekend. It can be assumed that not all prisoners in a 300 person gaol will be subject to these conditions and those prisoners who have earned it, enjoy a contact visit.

In minimum security gaols only 2 or 3 non contact booths are provided for those prisoners who have been disruptive. The majority of prisoners in this lesser security enjoy contact visits.

The indoor and outdoor contact visiting spaces have been calculated in the current brief to allow for a percentage of prisoners restricted to non contact visits. Allowance is made within the space for a childrens play area.

- 37 -

Indoor Contact Visitors

Friends and relatives will be allowed to visit with a prisoner in an open setting when such a visit does not pose a threat to security. The visitors and the prisoner will be allowed to converse as freely as practicable in an informal atmosphere. Each visit will take place at a low level table with chairs. These should be spaced so that a measure of privacy of conversation is possible this area should be treated to produce no echo effect and result in noise absorbing surfaces. Provide public and disabled toilets for the use of visitors only outside the visiting area.

Outdoor Contact Visits

An adjacent area is to be provided for visits to occur outdoors in a garden setting, when weather permits. The area should be contiguous to the indoor area. The design should promote effective supervision to all areas, employing the minimum of officers. Low level tables and chairs should be provided with suitable shade areas using pergola type structures. Visitors use toilets at Indoor Visit Area. This are will be fenced off from other prisoner accessible areas.

3.2.5 Prisoner care & Development

The living units as briefed contain the facilities required in this section, i.e. recreation areas, interview rooms, living rooms.

Each unit will contain cells, common/living areas, recreation areas, interview facilities, self contained kitchen and laundry facilities all under officer supervision from a staff station.

Overall Concept

Programmes Division aims to provide a broad range of needs based, inter-related development and educational opportunities for prisoners of varying levels of skills.

It would, therefore be preferable to locate all prisoner programme activities adjacent to one another so that:

A. access to all the development and educational opportunities is simplified;

B. the range of available opportunities are tailored to address the hierarchy of privileges.

C. any necessary security for the programmes can be concentrated and hence minimised (as it would eliminate the current situation in a number of institutions of security staff being required for programme sessions operating in dispersed locations);

D. resources provided for the programme opportunities can be easily shared;

- 38 -

Note that the programmes facilities provided in the protection area, and mentioned previously, come under the control of this unit.

The proposal is therefore for a Multi Purpose Building to house education, vocational training, library, drug and alcohol services and indoor sport and recreation facilities. The outdoor sports area of playing field and multi-purpose hard surface playing areas should be placed adjacent to this Building.

In addition to the Multi Purpose building and sports areas, provision needs to be made in cells for wiring, capable of handling T.V. and video relays from a central point. The video system to cells would, as in gaols currently, be used for education, recreations and drug and alcohol services videos, e.g. AIDS education, video movies.

Two video channels need to be provided as part of the Master Antenna Television (MATV) system. They shall both be on vacant channels in the VHF television bands as many inmates do not have televisions with UHF tuners.

TV outlets shall be provided in all classrooms. Inlets to the MATV systems shall be provided in some secure location in the education block, such as the Audio Visual Store. (Additional inputs will be provided in the Control Room for the generation of entertainment programmes).

If SBS TV is available in the area, this shall be down-converted from UHF channel (preferably Channel 0).

General Education Courses and Activities

To meet the objectives of the correctional aims of the prison, a wide choice of subject matter should be made available, having regard to the distribution of abilities, educational levels, previous training and experience of the prisoners.

Programmes will be made available to meet prisoners needs in the following classifications:

(a) Unskilled and requiring remedial assistance in basic literacy and numeracy;

(b) Unskilled literate; (c) Trade trained or partly training or semi-professional; (d) Facilities will be provided for tuition in reading and

writing, life skills, computer based learning and craft activities.

NOTE: There is a tendency for those prisoners who practice weightlifting and similar activities to intimidate those prisoners who attend education courses. This intimidation usually takes the form of demanding that others either attend the weightlifting sessions or don't attend the education course.

- 39 -

It has been demonstrated in other gaols that an effective method of overcoming this is to separate these functions so that entrance and approach is quite distinct and distant.

Additionally, it has been established by the Department's Educationalists, that poor attendance can be related to the presence of uniformed staff oversighting and controlling the entrance to the Education Building. Measures are to be taken to minimise this by locating a Supervising-Staff Station near the entrance/reception area in a location from where adequate visual supervision can be maintained over doorways to library classrooms toilets, entrance etc. The location is not intended to act as a barrier to inhibit access but to provide surveillance. The officer will also patrol the area checking visually from outside, the classrooms, library, etc.

Sport and Recreational Activities

(a) Sport and recreational facilities are an important component of the prison. They are essential for the day-to-day needs of the prisoners, particularly for exercise and good health.

(b) Sport and recreational facilities, including entertainment and general leisure are to be provided in the prison and be readily accessible to all prisoners.

(c) some areas of the prison should be flexibly designed so that prisoners themselves can provide some of the sporting and recreational facilities.

(d) A fully equipped (rugby league) football sized grassed field (with flexibility for use for rugby, soccer, hockey, cricket and other field sports) with fitness track stations, either at one end or outside the perimeter of the field for team sports and exercise. An underground watering system is required to cover the playing field. Also provide for adequate subsurface drainage and surface run-off. The contractor is to provide posts, hard surfaces, etc. for the above activities.

Provide 40 line M of vandal resistance metal seating around the field in locations to be nominated later.

This sportsfield area is also used for the management of prisoners in the event of a fire or riot in the gaol. The size of this facility is based on 2/3 the gaol population on weekends when no work is available and activities are required to keep the prisoners occupied.

(e) To enable the management of the various groups of prisoners it is necessary to provide a separate secure zone for the remaining activities, normally combined with the sports field area. Generally this area will contain hard surface, outdoor, multipurpose playing courts for activities such as

- 40 -

tennis, handball, volleyball, general exercise, etc. The minimum requirement for this area will be:

2 tennis courts (with additional markings for volleyball and badminton). 1 basketball court (with additional markings for tennis). 3 1/2 paddle tennis courts against a 4m high wall.

Courts to be marked up on coloured bitumen. Custodial staff will oversighted the sportsfield and playing court areas from a single post. It is envisaged that this would be accomplished from a raised secure officer station between the two areas. Provide a toilet and tea making facilities. Install a suitable reverse cycle air conditioning unit.

It is seen by the Department that this raised post could act as an observation post for the gaol generally in times of a possible disturbance. To this end, it is required that officer access is via .a non-prisoner zone and that maximum oversight of the gaol is provided.

Below the officer station would be located prisoner toilet and washing facilities for each zone. Additionally a store for playing equipment is required, with a secure dispensing counter to each zone. This structure will be masonry.

(f) A gymnasium area adjacent to Auditorium with a multi-station physical conditioning machine and area for weights training.

3.2.6 Prisoner Accommodation

The design of prisoner accommodation has been developed over recent years taking into account the unit living concept.

Each house will be managed by semi permanent staff who will participate in a structural job rotation scheme.

Each unit will contain cells, common/living areas, recreation areas, interview facilities, self contained kitchen and laundry facilities all under officer supervision from a staff station.

Unit management is the method of prison management which will be adopted.

Unit Management Policy and Operational Model

This policy statement is divided into seven sections as follows:

Section 1 Definitions Section 2 Essential Components Section 3 Objectives Section 4 Comparison of Traditional & Unit Management Section 5 Evaluation of Unit Management

- 41 -

Section 6

Section 7

Definitions

Proposed Method of Operation of Unit Management Conclusions

House: A house is two living units with a common staff office, able to visually supervise both units simultaneously.

Living Unit: A living unit is a self-contained prisoner living area which contains cells, kitchen, recreation, dining, interview and group rooms.

Unit Management: Unit management divides the population of a prison into smaller groups which are managed on a decentralised, semi­autonomous basis by the staff of the houses.

Accordingly, the current brief requirements for maximum security are appropriate, providing the prisoner takes the opportunity to learn the social skills of good grooming. in private, cooking and laundry.

Minimum security accommodation differs in material and facility layout but the management model remains constant. instead of individual secure cells, the secure building envelop houses approx. 10 bedrooms with common room, common ablutions and laundry.

A cost comparison per cell follows:-

Maximum security Minimum security

$165,000 $ 90,000

Whilst unit cooking is seen as a benefit to the prisoner's development it is also now seen as a privilege which should be earned. To cater for this change in policy a centralised kitchen will be required. Albeit that same reduction in facilities to selected units will take place, the overall effect will be an increase in Capital Cost est. $800,000.

The decision to standardise cell sizes, fittings and finishes in maximum and medium security gaols is consistent with the current briefing requirements aimed at providing maximum flexibility within gaols.

Cells

All cells should be designed so that prisoners are securely "locked­in" at night, between the hours of 10.00pm and 6.00am as no staff will be directly supervising the units during these hours.

Each cell will accommodation prisoners in single occupancy except where otherwise mentioned. Each cell requires a minimum of 9 sq.m. This area is based on the minimum requirements of 7.5 sq.m. (ordinance 70) for sleeping areas. (Figure 2).

- 42 -

FI~RE 2

,..J!--o

,/..-

1 • I I '.

") " . " "'I( .... .... 1

I

1905

_ I.4.UU ._._----

.L .

- ~ I . I . -. ~ '> .. -'J>.

® r ====,-, . I: II ' : I i

o· •• •

jL " ' .,. r====== ~I · u ~ .. II

. 'j BED ,'I . • 1

·.l Ii 1=--=---=---=---~I !I I

I ~ I

I , ! o

- --- -";.' !.25 -: ..

····_·--x i i .i

: .... ...

I .,' r I

'f:e:i .~ '\="~~~! JI CELL :,~ ""

825

i , • I i

i i I

0 1

~--{.­

o

i . ~ 1--- .900

o

~i. ) : ./.­

: \ j · o

_v ",: ('01

-=;/-­~ . , , ;

i

I '~I

I

i

~t-- -1--- , __ I

~ I' ~< 219 t 129 I 3!.!.1 r-­~--{-

-_.--7-

SHOWER ! '" I

., !>. ">' ~

~! -I

I;;;~=i' -_.--l:t-=--=--"':""---

11281 . Ii ~l2St 211· 5 I I } ~~I·

...... .-,-,"','," "I ~, , •• '" . "1',1"'·,'·'-

- ~---., .. , ... '.'

. '. . . ., .

Each cell will contain the following items:-

Refer to monetary sum required for all furniture on Project, the D.O.C.S. will provide the successful tenderer with full furniture list.

Hinged steel framed bed Open Clothes stores Writing Desk with Shelf Over and lockable drawer and chair Water Closet with CISTERN concealed and secure Handbasin with Shelf OVer Shower Cubicle Towel Rail Unbreakable Mirror Poster Board Ceiling Light (Vandal proof) with night light operated externally by

officer Bed light Space Heating T.V. Shelf and outlet Three Power Outlets (light and 'power shut down capacity in staff

station) Secure Window to the Exterior I

Door with View Panel Cell Door Locks to Selection Cell Call System (with hard copy printout capacity). All cell power outlets to be fitted with an earth leakage system.

The toilet and hand basin should be grouped together in a 'wet area'. The toilet should be screened from the doorway and either the bed end or a fixed shower screen can be used to achieve this.

Two normal discipline cells and one protection cell is to be fitted with grab rails in the toilet and shower areas for wheelchair usage.

Cells showers with conventional finishes, unless diligently maintained, are a source of continual repair in the prison environment. Floor, wall and ceiling finishes should be highly moisture resistant and vandal proof. Other than conventional finishes are to be given preference. Eliminate conventional paint work and ceramics in wet areas. Ensure efficient cross ventilation to evacuate steam from shower.

Hydraulic stop cocks are to be provided in a secure recess or enclosure, either internally or externally, for quick shut down of cell facilities.

Any proposed variation from the standard cell layout or fittings is to be subject to DOCS approval.

The landings and stairs to first floor cell areas are to be secured with a robust handrail with vertical supports at approximately 1800 mm c/c and horizontal rails at 250mm intervals, to a height of approx. 1750mm.

- 43 -

3.2.1 Regional Gaols

The concept of a Regional Gaol has been adapted for Junee and, in theory, will provide the opportunity for a prisoner from that region to serve his full sentence in the one gaol. It is considered that the concept will be cost effective because of the one administrative unit managing all functions of the gaol. it is proposed that 400 people of all categories, men and women, will occupy Junee when complete.

The materials and finishes in this gaol model do not differ from those described previously.

3.3 PROCUREMENT OPTIONS

The alternatives offered by the four procurement options shown on the attached schedule have been adopted for recent prison projects. Their selection for individual projects has been based on the criteria of time and cost (e.g. early start, occupation date, budget, cash flow, end cost).

It is recognised that there are other options for delivery of projects, but these four have been appraised as most suitable for prison projects.

Option A, recently adopted for the John Morony Centre (South Windsor) whilst attracting a favourable tender is not yet proven and is not recommended for the Junee project.

Option D results in a protracted planning and construction process and a late occupation date. Similarly, this method is not recommended.

Option B & C were favoured by the task force for the delivery of the new Junee prison taking into consideration the demand for cell accommodation and their potential for early occupation.

- 44 -

PRISON MANAGEMENT HODEL PROC\I!\f.MENI opTIONS CCQNSI8UCTION TECItfHO!JfS)

-ac': cr.! ;c:'! cr iter ita b:JGec! on - l.!.!!!!: early atart. OCcupat Ion dotes(s). etc. - ~:(budget. c.shllov. cnd cost, ctc.)

~.:.) r.~·SJC.aUCONSIRUCI . COMPARATIVE OUTLINE PROGRAHM~S

'90 '<]1 '92 93

Developln~ brief/design by tender proccs ••

long period to eon$tr~ction commencement.

f~o changes possible during contract without

cost p.noll.Y and time delays.

TENDER-INI

APPROVAl! -DOCtJolENTA .ONlCOOs,l.ON

I ,

(bJ j)j:SIGU ClEVElOPMENTI.CONSTRUCT

full bri~f ~nd design needed up front

(based on selected design)

Early $Itc CommenCCMent and early

;ollli'letion.

No chonges pos~iblc during con\roc\ without

(:0$\ penalty and ,lime deleys.

(c) PROJECT/CONSTR(~rION MANAGEMENT "

f'lll brier lind. design needed up front.

:-:axllllU:~. flftxlbi l ity to incorporalo changing

(:onc~.pts with, minimum effect to time and cost.

EArly sile commencement and early completion. ,,'~ '.

;J) TR.~OIT IONAl LUMP SU!~:

Folly docu~ented design based on completed

brie' (best f~.tut'e$ of recent projects).

Vell proven ."thod historically giving good

':Ivul ity anci e:;onOtllicel cost.

I~o changC!S pos.!:ib(e during contruc\ without

CQr.t penally and time delay.

~ANH1NGI ~PPROVALS

TENDERING -OOClJ1(NTA ~ION/CONSTF UCTION

I ,

~ANHING/ !l-PPROVALS

OOCUENTA ION/CONSlF ~CTlON

PLANNING/ PPROVALS ~ '.

DOCtliENTA ION

TENDERING -CONSTRUCT I PN

-4 I 1

I i ! i I

i I

4. COSTINGS

4.1 Capital Costing

A full costing for a gaol is not included as this report is addressing only those affected by new policy initiatives. Costings for individual elements are included in section 3.

4.2 Recurrent Costing

As sought, a provisional costing has been completed for Institutions to be managed urider the new staffing/management concepts provided.

(a) Country Gaol (300 kms from Sydney)

Cells Inmates Custodial/Industrial Staff Administrative Support Staff Professional Staff

300 400 165

15 10

Annual Recurring Services for this Institution have been assess~d as follows:

Salary and Related Payments Maintenance and Working Expenses Other Services

Officer Training (Recall/Management) Prisoner Transport Costs

This has been amended to the format sought.

Annual Prisoner Costs Annual Staff Costs Maintenance Transport Education, industry

Revenue from Prison Industries

(b) City Gaol

Cells Inmates Custodial/Industrial Staff Administrative Support Staff Professional Staff

- 45 -

8,984,120 2,146,700 2,115,600

13,246,420

95,000 31,200

13,372,620

969,000 9,277,220

839,550 71,250

2,215,600 13,372,620

2,184,000

300 400 165

15 10

. . .. ' .. " ,',' ."~"':" .. ',' ,

Annual Recurring Services for this Institution have been assessed as follows:

Salary and Related Payments Maintenance and Working Expenses Other Services

Prisoner Transport Costs

This has also been amended to the format sought.

Assumptions

Annual Prisoner Costs Annual Total Staff Costs Maintenance Transport Education/Industry

Revenue from Prison Industries

8,984,120 2,226,650 2,114,800

13,325,570

114,400 13,439,970

930,000 9,327,470

882,450 160,650

2,139,400 13,439,970

2,184,000

1 • Depreciation for the gaol has not been costed, however, it would be expected that the gaol would have an economic life of up to 100 years and on that basis an annual depreciation of 1% of the capital cost may be appropriate.

2. A specific gaol staff profile has not been developed with a corresponding roster. The staff costs have been based on costs relevant to existing facilities at a reduced staffing level.

3. Income from Prison Industries has been based on an average sales target for each inmate employed.

4. Estimates have been prepared on the basis of 1989 dollars.

Estimated savings: a comparison can be made with Goulburn Gaol, a traditional prison housing up to 365 prisoners in 264 cells. The population is varied with separations into groups. A significant difference in terms of the comparison is that Goulburn operates only a single shift on industries, so an extra shift of overseers is not included in Goulburn's staff numbers.

The authorised staff poSitions (custodial and industrial) for Goulburn is 183. This is a difference of 18 positions compared to the model gaol costed above.

Estimated savings on total A budget items are:

18 x $46,900 (average salary plus on-costs) = $844,200

- 46 -

I

!

5. CONCLUSION

The contents of this paper represent recommendations for radical changes to New South Wales prison administration policies. These policies reflect Government policy in 1989.

The changes, it is forecast, will be well received generally by the public of NSW. There is a growing sentiment by law abiding citizens allover NSW that there is a need for higher discipline in NSW gaols. The introduction of these policies will also provide improved working conditions and satisfaction for officers.

There will be difficulties for both staff and prisoners as the new policies are implemented. Tensions may arise which will have to be dealt with by careful monitoring and staged implementation.

The changes proposed are extensive and wide-reaching. Funding will be required to provide the training and development necessary to ensure effective implementation.

- 47 -

APPENDIX 1

Working Party - Report on Prison Management, Design & Construction

The Hon. M. E. R. Nixon R. Eagle B. Kearney J. Horton W. Ruckley N. Van Exter D. Anderson B. Smith P. Creighton J. Hemphill A. Gorta D. White

Yabsley, MP Minister for Corrective Services Deputy Director-General, Corrective Services Deputy Director-General, Public Works Policy Advisor, Minister's Office Director, CUstodial Services Director, Prison Industries Assistant Government Architect, P.W.D. Principal Architect, Public Works A/Direptor, pr~bation & Parole Director, Building Services Corporate Planner A/Chief Research Officer Secretary to Committee

APPENDIX 2

STATUTORY OBLIGATIONS TO PRISONERS (ENTITLEMENTS)

The Department has certain obligations to prisoners:

1. To be provided with sufficient clothing to maintain health and decency. (Act 111,13)

2. To sufficient food to maintain health. (Reg. 44,45)

3. To medical and dental attention, treatment and medicine as in the opinion of the medical or dental officer respectively, is necessary for the preservation of health (Act III.16)

4. To a separate bed and clean bedding sufficient to maintain health (Reg. 5)

5. To safe keeping and return on release, of property that is permitted by the Department to be retained. (Act III 18. Reg. 23, 24, 25)

6. To prompt supply of information about the prison rules, obligations as I

to conduct and discipline, about rights to legal representation and appeal, about authorised methods of seeking information and making complaints, and any other matter to ensure he/she can adapt to prison life. (Reg. 36)

7. If unconvicted, to a visit once immediately after reception, and thereafter twice weekly. (Reg. 86)

8. To communicate with the Ombudsman, the Privacy Committee, a Member of Parliament, a member of the Police Force or a member of the legal profession as defined in Regulation (Reg. 118, 136, 137)

9. To be informed if any letter, parcel, money, contraband or other item is impounded. (Reg. 119(3»

10. Not to be put in a dark cell, or be subjected to corporal punishment, torture, or cruel, inhuman or degrading treatment. (Reg. 154)

11. Prior to release a prisoner is entitled to be informed about such agencies or organisation that may be of assistance to the prisoner. (Reg. 140, 141)

12. To vote if unconvicted or serving under 12 months.

The following obligations to prisoners may be limted properly only by the resources of the Department, the good order of the institution or specific regulations, rules or discretion as prescribed:

13. To a visit immediately after conviction (Reg. 86) .

14. To legal documents and legal visits to discuss legal business only, at times prescribed (Reg. 92)

15. If a national of a foreign state, to be visited by a diplomatic or consular representative of the foreign state, with prior appointment (Reg. 93)

16. If an Australian Aborigine, to visits from a field officer from the Aboriginal Legal Service or any other organisation that provides legal or other assistance to Aborigines, with prior appointment. (Reg 94)

17. To exercise in the open air. (Act III. 12, Reg. 54)

18. To purchase and retain certain foodstuffs, and books, newspapers and other printed material (Reg. 46-68)

19. To dental and optical treatment and hearing aids and other artificial medical appliances. (Reg. 53)

20. To practise the religion of the prisoner's choice, to join with other prisoners in practising that religion and to possess such articles as are necessary for the practice of the religion (Reg. 79)

21. To visits that are not less than 30 minutes in length and are out of the hearing of an officer. (Reg. 84, 85, 109, 107)

22. To send and receive letters and parcels, without censorship. (Reg. 117, 116, 119)

23. To a cell, room or hut by him/herself. (Reg. 5)

24. To take part in education, training, sport and leisure in the institution, and to use library facilities. (Act III 12 - Reg. 67, 68)

25. To be classified and placed at the level of security according to the authorised Regulations and criteria, and to have that classification reviewed regularly. To be separated from other classifications and or classes of prisoners. (Act III 15 Reg. 7)

26. If a remand prisoner, to wear private clothing. (Act III, 13,44 Reg. 57)

27. To fair and equitable treatment in work opportunities, program participation, privileges or any other aspect of imprisonment, no matter what national origin, sex, marital status, physical or mental impairment or sexual preference. (Anti-Discrimination Act)

28. If female, to be kept separate from male prisoners (Reg. 6)

29. To be employed at work best fitted to their actual and potential ability, to receive credits of money for work performed and to expend a portion of that money. (Reg. 60, 62, 63)

30. To make requests and complaints to the superintendent and to know what, if any, further action will be taken. (Reg 135)

#Reference numbers are to the Prisons Act and Regulations.

APPENDIX 3

OBLIGATIONS OF THE PRISONER

1. Just as each prisoner expects that the department will fulfil its obligations outlined in the Acts and Regulations, each prisoner must respect the rights of others to life, security of person and the enjoyment of property.

2. The prisoner must recognise the authority of the prison management to maintain an ordered and safe environment. This implies these obligations:

2.1 To conform to the prison regulations and rules. 2.2 To conform to the laws of the general community. 2.3 To obey lawful directions. 2.4 To refrain from activities that may threaten an ordered and

safe environment.

3. As an inmate member of the institutional community, there is an obligation to contribute to that community by:

3.1 Doing a fair day's work. 3.2 Contributing positively to the ordered operation and quality

of life of the community. 3.3 Caring for community property. 3.4 Maintaining a satisfactory level of personal hygiene and care

of individual living area.

4. The prisoner must recognise the authority and proper process of the Criminal Justice System in making laws an imposing penalties. This implies these obligations:

4.1 To remain in custody. 4.2 To respect the authority of correctional staff. 4.3 To respect the right of correctional staff to be safe in the

performance of their work.

'It

>< "-4 ::l Z .u l. l. :(

SECTION 1

GUIDING PRINCIPLES

These guiding principles are Intended to show the spirit in which correctional programs should be administered and the goals towards which administrators should aim.

1.1 A wide ranye of correctional programs should be developed b~sed on the concept of a graduated restriction of liberty.

1.2 Correctional programs are by the deprivation of liberty to 'varying degrees, a punishment In themselves. Therefore correctional programs must not, except as Incidental to the maintenance of discipline or Justifiable segregation, aggravate the 'suHering inherent in such a situation.

1.3 Correctional programs should address the needs and problems of offenders and prisoners In the light of the particular circumstances of their oHences; and meet community expectations of reparation, deterrence, and protactlon against criminal behaviour as reflected by decisions of sentencing and releasing authorities. All educational, welfare and recreational Influences and forms of assistance which are appropriate, should be made available and utilised in accordance with the Individual neods of offenders anel nrisoners.

1.4 The supervision of offenders and prisoners should emphasise their continuing part In the community, not their exclusion from it. Thus every effort must be made to involve the wider community to assist correctional staff in developing and maintaining programs. In the case 01 prisons, programs must be developed which prepare prisoners lor release.

Generally, one elm of all such programs should be to enhance the community'S understanding of its responsibility for crime prevention, and offenders' and prisoners' understanding 01 tl1eir responsibility to the community.

1.5 Services, facilities, activities and programs should be based on the concept of Individual management and designed to meet the individual needs of offenders and prisoners. In particular, regard should be paid to the special needs of specific groups of oHenders and prisoners.

~"""Wc/lCl,"

In relation to prisons, units should be of various types, providing degrees of security according to need. Facilities should be provided which emulate community standards and conditions for prisoners in the final stages of their sentence.

1.6 Correctional programs should be developed which assist prisoners to integrate Into the community after release. Continuity of programs should exist between prisons and community based corrections. Prior to release from prison, offenders should have made available to them services of government and private agenCies that will assist in their social Integration. .

1.7 All staff employed In correctional programs must be provided with adequate t~ainlng prior to undertaking their duties. All Administering Departments should In addition, demonstrate an ongoing commitment to the pursuit of excellence In correctional management through the provision of appropriate training and development opportunities lor all correctional staff.

1.8 There must be no discrimination In any aspect of correctional programs on the grounds of race, colour, gender, marital status, phySical or mental Impairment, language, religion, pOlitical or other opinion, national or social origin, property, birth or other status, except as it is necessary in properly meeting the needs of a disadvantaged Individual or group.

1.9 Administering Departments should work toward ensuring correctional facilities and programs meet the standard guidelines for corrections set out In this document.

ItdUl+nOl.du</10,.

i

,.::' .:.,1.

::t~:: '.~ .

. ~ ;.

I. "

F

, ... :.~. ·/';·~~~.·1~;~~~;'~f;;}f.: s~6~oN'~··;:':;'~:'~~~;~~··.,~:····· .~ ~?~';; ," .. STANDARD GUiDEUNES FOR PRISONS

.• • ,~, c .. "\'" ~', ~'.

Part 1. Management and Security of Prisons

Prison Officers' Responsibility

5.1 All prison officers must do their utmost In the performance of their duties to maintain the security of the prison In which they work, the security of the prisoners, and the security of those employed at the prison. Officers m.'!.st deal with prisoners fairly and Impartially.

Reception

5.2 A permanent register of each person received must be maintained In every prison. The fonowlng Information must be entered:

Information concerning Identity;

the reasons and a~horlty for commitment; and

.......... ~ . !.he date and time of admission •

A person must not be received Into a prison without a valid commitment order. The details of the order must be entered In the register as soon as practicable.

5.3 Every prisoner on reception must be provided with written Information about the regulations govemlng the treetment of prisoners, the disciplinary requirements of the prison, the authorised methods of seeking Information and making complaints, and an such other matters as are necessary to enable the prisoner to understand their rights and obngatlons and to adapt to the life of the prison.

5.4 All prisoners must be allowed to Inform theIr fammes of their detention as soon as p 'actlcable after their reception. They must also be given reasonable facilities, Including access to telephones, to allow them to both communicate with and receive visits from family, frIends and persons with whom It Is In theIr legitimate Interest to have contact. Such contact must only be restricted and supervised to the degree necessary In the Interest of the administration of JustIce and the security and' good order of the prison. .

ltdGIit'Ie,_,tO: ..

. 61.-:'",,, .1-: •• ~~;tIfI?'!J"If)'4r.,~.~.F:.1!9ihOt;'A=Q,..wa#4lQ ,'J,g.UM : +2 ~+C;:= tIIIt!~e:~-,""",,"'I',".~"'''' .. ,.,- ... ~ .. ~.- .......... .

.. . __ .....

"

5.5 An prisoners must be anowed, as soon as they are Imprisoned, to choose a legal representative or apply for free legal aid where such aid Is available. They must be allowed to receive visits from legal advisors regarding their defenoe or legal actions; and to prepare and hand to the legal advisor, and to receive, confidential Instructions. At their request they must be given, wherever practicable, an necessary faoilitles for this purpose inCluding access to materials to allow them to prepare their own defence. In particular, where they do not understand English, they must be given the free asslstanoe of an Interpreter for all essential contacts with the prison administration, and for their defence.

Interviews between prisoners and their legal advisors may be within sight but not within hearing, either direct or Indirect, of a prison officer.

Retention of Prisoners' Property

5.6 All money, valuables, clothing and other effects belonging to a prisoner which, under the regulations of the prison are not allowed to be retained, must, on the reception of the prisoner to the prison, be placed in safe custody. Steps must be taken to keep them In good condition. Where the Administering Department limits the amount of such property to be retained In safe custody at the prison, prisoners must be required to dispose of excess property. An inventory of property retained at the prison must be signed by the prisoner.

5.7 On the release of the prisoner all such articles and money must be retumed to the prisoner who must sign a receipt for them.

5.8 Any money or effects authorised to come In for a prisoner from outside must be treated In the same way.

5.9 If a prisoner brings In any drugs or medicine, a medical or nursing officer must decide what use will be made of them.

Classification of Prisoners

5.10 The malor principle when olassifylng prisoners must be to place them at the lowest level of security for which they qualify, taking Into account the needs of the Individual prisoner, and the need to separate each category of prisoners, while at the same time ensuring their continued safe custody.

5.11 A program should be prepared for each prisoner in the light of the knowledge obtained about individual needs, capacities and interests, as soon as possible after the prisoner's reception.

~,"",""tO .. It

... ...

Distribution of Prisoners

5.12 When prisoners are being allocated to prisons or parts of prisons, due account should be taken of their judicial and legal sltua'tfon (remand or COnvicted, first offender or habitual offender, short sentence or long sentence); of their physical condition (young, adult, sick); their mental condition (normal or disturbed); the location of their family or close relatives; their gender; their age and the special requirements of their management.

5.13 Where there Is no separate custodial system for those 18 years of age or less, young prisoners should be detained under conditions whiCh protect them from harmful Influences and whiCh take account of the needs particular to their age.

5.14 All prisoners must be able to Inform their family of their transfer to another prison or Institution, as soon as practloable after being notified of their transfer.

Remand Prisoners

5.15 Remand prisoners are presumed to be Innocent untn found guilty, and as such must be treated without restrictions other than those necessary for prison organisation and the security of the prison and the prisoner.

. 5. 16 The treatment of remand prisoners must not be less favourable then that of sentenced prIsoners.

5.17 Where practicable remand prisoners must not be put In contact with convicted prisoners against their will.

5.18 Remand prisoners may be given the opportunity to wear their own suitable clothing.

5.19 Where work Is &vanable, remand prisoners should be offered the opportunity to work, but must not be required to work.

5.20 Remand prisoners should be anowed to procure at their own expense or at the expense of a third party suCh books, newspapers, writing material and other means of occupation as are compatible with the Interests of the administration of justIce and the security and good order of the prison.

Removal of Prisoners

5.21 When prisoners are being removed to or from a prison they must be exposed to pubno view as little as possible. Proper safeguards should be adopted to protect them from Insult, curiosity and publicity In any form.

IleOliM.dOC/1G:f1 II

5.22 Prisoners must not be transported In vehicles with Inadequate ventilation or fight, or which in any way would Subject them to unnecessary physical hardship.

AccommodatIon

5.23 In new prisons, accommodation should generally be provided In single cells or rooms. Provision may be made however, for multiple cell accommodation for the management of particular prisoners.

5.24 Existing dormitories should only be occupied by prisoners who are suited to them. .

5.25 All accommodation provided for the use of prisoners should meet all requIrements of health. Due regard must be paid to climatic conditions and particularly to cubic content of air, floor space, lighting, heating and ventilation.

5.26 In all places where prisoners are required to live or work:

the windows should be large enough to enable the prisoners to read or work by natural light, and should be constructed In such a way that they allow entrance of fresh air except where there is artifiCial ventilation;

artificial light should be provided to enable prisoners to read or work without Injury to eyesight.

5.27 Toilet and sanitary facilities must be provided for prisoners to use as required, and these must be kept In a clean condition.

5.28 Adequate bathing and shower Installations must be provided to enable every prisoner to maintain general hygiene by bathing or showering at a temperature suitable for the climate.

5.29 All parts Of a prison should be properly maintained and kept clean at all times.

DisciplIne and PunIshment

5.30 Discipline must be maintained in the interests of management, good order and security of the prisons.

5.31 Collective punishment must not be used.

ttI!a~'''/IO:"

....

"

5.32 No prisoner must be employed In the service of the prison In any disciplinary capacity. This however, Is not Intended to preclude the proper functioning of systems based on self-management, whereby selected prisoners may be entrusted to supervise groups of prisoners undertaking social, educational, sporting and work activities.

5.33 Prolonged solitary confinement, corporal punishment, punishment by placement In a dark cell, reduction of diet, sensory deprivation and all cruel, Inhumane or degrading punishments must not be used.

5.34 When prisoners are confined In a separate area to facilitate the withdrawal of privileges as a disciplinary measure, the Manager and a representative of the Medical OffIcer should visit them dally and must advise the central administration If they consider the termination or alteration of the punishment necessary on grounds of physical or mental health.

5.35 A prisoner must not be punished except In accordance wIth the terms of such law or regulation relating to prisoners' behaviour.

5.36 Reports of misconduct must be presented promptly to the designated authOrity who must decide on them without delay.

5.37 A prisoner must not be punished unless Informed In writing of the alleged offence and given a proper opportunity to present a case .

5.38 Where necessary the prisoner must be allowed to use an Interpreter when making a case.

5.39 Where the punishment may entaR an extra sentence, there must be a Judicial hearing with right to legal representation for the prisoner charged with the offence.

Use of Force

5.40 A prison officer may, where necessary, use reasonable force to compel a prisoner to obey a lawful order given by the prison officer. Where such force Is used the prison officer must report the fact to the Manager of the prison.

5.41 Prison Officers should be given training to enable them to restrain aggressive prisoners. Such training must emphasise techniques which allow aggressive prisoners to be restrained with minimum force.

5.42 Prison officers must only use weaponry approved by the Administering Department In circumstances approved by the Administering Department. A prison orncer must not be Issued weaponry unless trained in its use. Except In special circumstances, prison officers performing duties which bring them Into direct contact with prisoners must not be armed.

lfoO .. "',1OC/10:" •

-!

Instruments of Restraint

5.43 Instruments of restraint such as handcuffs, chains, Irons, straight.Jackets and chemicals (such as teargas), must never be applied as punishment.

5.44 Instruments of restraint and chemicals should not be used except by order of the Manager when other methods of control have failed, in order to prevent prisoners from Injuring themselves, or others, or from damagIng property.

5.45 Instruments of restraInt should not be used except as a precautIon agaInst escape during a transfer Or other temporary absence from the prison, provided that they may be removed when the prisoner appears before a Judicial or administrative authority, or on medical grounds under direction of a medical officer.

5.48 The pattems and manner of use of the Instruments of restraint or chemicals must be decided by the Administering Department. Such Instruments must not be applied for any longer time than Is necessary.

Intematlonal and Interstate Transfers

5.47 At the prisoner's request, a prisoner should be able to be granted a transfer, between states or countries, If the transfer Is for the purposes of satisfying a demonstrated genuine need In terms of the prisoner's health and welfare.

5.48 A prisoner should be able to be transferred between a state or country to face charges concemlng crimes allegedly committed In that state or country.

Remission

5.49 Subject to satisfactory conduct whilst serving their sentence, prisoners may be credited with remission as determined by the relevant legislation.

Part 2: Management of Prisoners

Clothing and Bedding

5.50 When a prisoner Is not allowed to wear personal clothing the prisoner must be provided with clothing suitable for the climate. This may Include clothing for general use, work and recreation.

5.51 Prisoners may be able to supplement this clothing with personal clothing for leisure wear and visits. Prisoners must be required t9 maintain personal clothing In a state which Is clean and fit for use. Underclothing should be regarded as the property of the prisoner.

*~oNI."/'O'''

, .....

,.

5.52 All clothing should be clean and kept In proper condition.

5.53 Every prisoner must be provided with a separate bed and Sufficient bedding. This bedding must be clean when Issued, kept In good order, and changed often enough to ensure Its cleanliness.

Food

5.54 Every prisoner must be provided, at the usual hours, with food for nutritional value adequate for health and well being.

5.55 SpecIal dietary food must be provided where it Is established such food Is necessary for medIcal reasons, on account of a prisoner's religious beliefs, because the prisoner Is a vegetarian, or where the prisoner has other special needs.

5.56 Fresh drinking water must be available to every prisoner when needed.

Work, Recreation, Education and Activities

5.57 All prisoners should have access to productive work, education, recreation and leisure programs and facnitles whIch provide them with the opportunity to utilise their time In prison In a constructive and beneficial manner.

5.58 The Manager of the InstiMlon has a responsIbility to encourage prisoners . to participate In such programs.

5.59 Prisoners should be remunerated for work undertaken, and must have access to monies eamed to use for approved expenditures.

5.60 Occupational health and safety standards that apply in the workplace In the community must apply equally to prisons.

5.61 Provision should be made to Indemnity prisoners against industrial Injury, Including occupational disease.

5.62 Weather permitting, prisoners should be anowed access to open air for at least one hour each day.

5.63 Prisoners should have access to a library adequately stocked with both recreational and Information resources, which Is operated according to standard library practice. Prisoners should be encouraged to make full use of the library.

Personal Hygiene .

5.64 Prisoners must keep themselves clean, and must be provided with toiletries and ablution facilities that are necessary for health and cleanliness.

ttonh" •. croe/tO:" t.

,:~

5.55 Facilities must be provided for the proper care of hair and beard.

Health ServIces

5.55 For every prison, the services of at least one qualified medical officer must be available twenty-four hours a day. This service may be on an on-call or standby baSis. Medical services should be organised in close relationship with the general health administration In the community and must Include access to a psychiatric service for the diagnosis and treatment of mental disorder.

5.57 Prisoners who require specialist treatment should be transferred to specialised InstiMlons or to community hospitals. Where hospital faCilities are provided within a prison, the equipment, fumishings and pharmaceutical supplies must be proper for the medical care and treatment of sick prisoners, and there must be sufficient staff of suitably trained Officers.

5.58 Every prisoner must be medically examined by a suitably cjualified person as soon as possible atter being received Into prison, and thereafter as necessary. In determining tests which prisoners must undergo, the medical ol'fieer must have regard for the need to determine each prisoner's physical and mental health, as well as the safety and welfare of other prisoners In the prison.

5.59 Where a prisoner Is found to have an infectious disease, the prisoner must be treated so as to minimise the possibility of contamination of the prison environment before the prisoner Is permitted to enter the normal prison routine.

5.70 Prisoners Isolated for health reasons should be afforded all rights and privileges which are accorded to other prisoners so long as such rights and privileges do not Jeopardise the health of others.

5.71 The medical officer has the responsibility for the maintenance of the phySical and mental health of the prisoner. The medical officer. should ensure all Sick prisoners are seen daily. and all prisoners who complain of illness, or to whom the medical officer's attention Is specially direc:ed, are examined as soon as possible.

5.72 The medical officer must report to the Manager whenever it is considered a prisoner's phySical or mental health has been or will be injuriously a~ected by continued Imprisonment or by any condition of imprisonment.

5.73 Every prisoner must have access to reasonable dental treatment necessary for preservation of dental health.

.,,) .... ,..1111: ..

,",

to

5.74 Prisoners should be able to receive treatment from private health personnel If there Is reasonable ground for the application, provided they can meet the costs.

5.75 An alarm system, such as a buzzer, should be provided for use in each cell or room In case of serious Illness.

5.75 Any experimentation, InCluding medical or SCientific, which may be regarded as Injurious to the prisoner must be prohibited.

5.77 Where a prisoner Is under medical treatment upon being received into prison, that prisoner should be permitted to maintain contact, on the approval of the prison medical service, with the medical service which was treating the prisoner previously.

5.78 The Manager must ensure the following are regularly inspected by suitably qualified persons:

the quantity, quality, preparation and service of food;

the hygiene and cleanliness of the prison and the prisoners;

the sanitation, heating, nghtlng and ventilation of the prison;

the suitability and cleanliness of prisoners' clothing and bedding; and

the observance of the rules concemlng physical education and sports In cases where there Is no trained personnel in charge of these activities.

5.79 The Manager must take Into consideration the reports and advice that are submitted In accordance with guidelines 5.72 and 5.78 and, where concurring with the recommendations made, must take Immediate steps to give effect to those recommendations. If the recommendations are not within the Manager's competence or are not concurred with, the Manager must Immediately submit a report and the original advlco to the appropriate senior officer.

PsychIatrically Disturbed and Intellectually DIsabled Prisoners

5.80 Prisoners In need of psychiatric treatment must have access to such services through the prison medical service.

5.81 Specialised faCilities under appropriate professional management should be available for the observation and treatment of prisoners suffering from mental illness or Intellectual disability.

.cJ· .... CIOC'tO:"

:

"

-~

5.82 Arrangements must be made to remove prisoners who are found to be severely mentally HI or Insane to appropriate establishments for the mentally ill as soon as possible.

5.83 Persons must not be remanded In prison solely for psychiatric or Intellectual' disability assessment.

5.84 Steps should be taken, by arrangement with the appropriate agencies to ensure, where necessary, the continuation of psychiatric treatment after release and the provision of social and psychiatric after-care.

Infants In Prison

5.85 Accommodation for pre-natal and post-natal care and treatment should be provided in prisons.

5.86 Arrangements should be made, wherever practicable, for children to be born in a hospital outside the prison. If a child is born in prison, this fact must not be recorded on the birth certificate.

5.87 Where a nursing infant is allowed to remain with a parent, provision must be made for the child to be cared for by the prisoner.

S.S8 The child of a prisoner may be permitted to live with the prisoner provided:

the prisoner requests It;

It is in the best interests of the child; and

the management, good order and security of the prison will not be threatened.

5.89 Prisoner-parents must be responsible for the safety and care of their Child(ren) living in the prison.

Religion

5.90 Prisoners must have the right to practise a religion of their choice, and if consistent with prison security and good prison management, Join with other persons in practising that religion and possess such articles as are necessary for the practice of that religion.

5.91 If the prison eontains a sufficient number of prisoners of the same religion, a qualified representative of that religion shOuld be able to be appointed or approved. If the number of prisoners Justifies it, and conditions permit, the arrangements should be on a full-time basis.

~ ... HIt 10" "

"

5.92 A qualified representative appointed or approved under guideline 5.91 should be allowed to hold regular services and to pay pastoral visits In private to prisoners of the appropriate religion at proper times.

Community Contacts

5.93 Contact between prisoners and their families, friends and the community must be permitted and encouraged. The contact may be facilitated through prisoner access to telephones, through regular visits and letters.

5.94 Prisoners who are foreign nationals, refugees or stateless persons must be allowed reasonable facilities to communicate with the diplomatic and consular representatives of the country to which they belong, or the national or international authority whose task it is to protect them.

5.95 Prisoners should be allowed to keep themselves informed regularly of the news by the reading of newspapers, periodicals or special institutional publications, by radio or television transmiSsions, by lectures or by any similar means as authorised or controlled by the Administering Department.

Notification of Death, Illness, T,ransfer • . 5.96 Upon death, serious Illness or serious Injury of a prisoner, or a prisoner's

removal to an institution for the treatment of mental illness, the Manager must, as soon as practicable, arrange for the information to be conveyed to the person previously desIgnated by the prisoner as next of kin or contact person,

5.91 A prisoner must be informed as soon as practicable followIng the notificatIon of the death or serious Illness of any near relative or member of the prisoner's extended family, as defined by the cultural values of the prisoner, In these cases, and where circumstances allow, the prisoner should be authorised to visit either under escort or alone, the sick relative or to attend the funeral.

1IdG~.d.I'O:"

Jttl"l 00fI!t0ft ~ ,."., "'tIeoutN

,"

"

APPENDIX 5

SIGNIFICANT ISSUES (Strategic Plan, 1989-1991 : August, 1989)

Strategic Management means meeting the challenges and pressures facing the Department. The important first step in strategic planning is an analysis of the environment in which Corrective Services operates and the current management of that environment, and judging what significant issues need priority consideration.

A constraint on our planning process was the government policy of improved financial management that applies to all Government Departments.

Priority issues for strategic management are listed:

1 . Overcrowding:

There is accommodation shortage in maximum, medium, remand and periodic detention institutions. Overcrowding increases the potential for violence and risk of riot. Delivery of programs and services becomes more difficult and inevitably, there is heightened risk of the spread of serious infectious diseases.

Inadequate remand facilities present a particular management problem. Numbers of remand prisoners are held in Police cells because of lack of prison accommodation. Unconvicted offenders, under our system of justice presumed innocent until convicted, should be provided with reasonable facilities and protection. But remand prisoners tend to be accommodated in the oldest and most crowded institutions, and some in company with convicted offenders.

There has been the phenomenon of an accelerated increase in the numbers of protection prisoners. Protection areas require higher staffing ratios and are more costly to service.

2. Projections indicate a further rapid increase in prison population:

It can be anticipated that there will be a continuing increase in prison population. Factors which may influence an increase include:

natural increase in the at-risk population recent initiatives to reduce Court delays continuing increase in Police staffing effectiveness of new policing strategies - regionalisation, community-based policing, Neighbourhood Watch, etc. increase in drug related offences community pressure for more effective penalties reflected in government policy.

3. Changes in Prisoner Management:

The changes in prisoner management recommended by Mr. Justice Bauer will be achieved only through comprehensive staff and management training. The Prison Officers t Interim Award has major cost implications in just the wage

,'.' r " .. ~""J" ... "" " ""'.'.' 'C~'. ,~";." ,Or ," "'" ,',' '" ,',' }.,' ""',' ",' ,",I'.' " ." ,'.' " It .•• ,.< ,'." '" " ,'.' ," ,'.' •.. " ." I" I',' J'.' I'I<'~'~ ;~)~~ ,::,;~;~;,. ""71"'; " '~;' •• ,' ,~c: ':.: ': ': ,: .. " f'.' ",:.:.' '".' '.'

component. As well, training and development is difficult when the shortage of prison officers does not admit of attendance at training courses other than by payment of relief officers at overtime rates.

4. Shortage of Prison Officers:

The attrition rate of prison officers has been high. The effect of the improved conditions under the Prison Officers' Interim Award has not yet been determined. Improved staff conditions and prisoner management may be expected to reduce losses. However, opening new and expanded institutions will require a large increase in staff numbers.

5. Expansion of Prison Industries:

The implementation of the government policy of providing work responsibilities for all prisoners necessitates a major prison industry expansion. This will require expanded marketing, building and staff training programs.

6. Maintenance of Prisoner Programs:

An increase in prison population and overcrowding affects prisoner programs. Essential prisoner education and development programs must continue so as to assist prisoners prepare for eventual release.

7. Need for a Variety of Specialised Programs:

There are prisoners who have particular disabilities or problems. For example:

The young and inexperienced, or prisoners intellectually impaired at risk of being exploited by other prisoners

The population of NESB offenders is growing. Some do not have strong community support, have complex settlement problems, and require trained supportive staff.

Aboriginal offenders have been identified as being over­represented in the prison system. It is well established that their particular social and cultural background needs informed and sensitive management. Staff therefore require appropriate training, and Aboriginal support staff need to be recruited for Welfare and Community Liaison.

8. Aboriginal Deaths in Custody:

The Interim Report of the Royal Commission, reports issued by the Commissioner on individual Aboriginal deaths in New South Wales and the Report to the Premier of the Interdepartmental Committee on Aboriginal Deaths in Custody have raised significant issues concerning the management of aboriginal inmates. This department, in responding to the offender management issues, must review its training programs; implement procedures for suicide prevention; review procedures for transmission of prisoner records when the prisoner moves; and employ Aboriginal staff in community liaison and offender support positions. In short, an aboriginal policy

specific to Corrective Services needs urgent development and implementation.

9. Need for Disaster Accommodation for large numbers of Prisoners:

The Department should have appropriate Contingency Plans for placement of prisoners in secure accommodation in the event of a natural disaster, the destruction of an institution, terrorist activity or serious civil disturbance.

APPENDIX 6

POSSIBLE EFFECTS OF THE SENTENCING ACT

The effect of the Sentencing Act (1989) on the size of the prison population will depend on the extent to which judicial officers change their sentencing practices. Three possibilities are outlined below.

i) If judicial officers wee to award new minimum terms which were equivalent to the old non-parole period (or non-probation period) less remissions, there would be no increase in the prison population as a result of the Sentencing Act. This could be seen as the "lower limit" projection. (It should be noted that such sentences would be markedly less than the head sentences awarded prior to the change in legislation. )

ii) If judicial officers were to award new m1n1mum terms which were equivalent to the non-parole periods (or non-probation periods) awarded during the first six months of 1989, the sentenced prison population could increase by 1830 prisoners, with a predicted inCrease of about 500 in the first year of the new A~t. Such an increase reflects the effect of not reducing the n.p.p. by remission.

iii) If judicial officers were to hand down sentences where the combined minimum term and additional term are the same as the head sentences awarded during the first six months of 1989, the sentenced prison population could increase by up to 3580 prisoners, with a predicted increase of about 1000 in the first year of the new Act.

At this stage it is unknown in what ways, if any, judicial officers have altered their sentencing practices. It is possible that they will be sentencing in a manner which is not consistent with any of the three posibilities outlined above.

When data becomes available from the Computer Services Division, staff of the Research and Statistics Division will analyse them to investigate changes in sentencing practices.

Dr. Angela Gorta A/Chief Research Officer 28th November 1989.

APPENDIX. 7

PROJECTIONS OF PRISON POPULATIONS

The most recent projections of the prison population were made in 1988 (Nguyen Da Huong and Gorta, 1988). Because of the complexity of the factors that affect the prison population numbers, predictions are made as a range, rather than as an absolute figure, to allow for possible variability in the basic factors. The projections were developed using several methods, each giving an upper limit and a lower limit.

The following table gives the maximum number of prisoners predicted using two models, one based on the prison daily average and the other on the projected general population aged 20-59 years.

Year

Maximum projections of the Prison Population Average Daily states for Financial Year

Male Female Total . I

Estimate 1 Estimate 2 Estimate 1 Estimate 2 Estimate 1 Estimate' ,2

1988/89 4413 4546 245 247 4658 4793 I i

1989/90 4650 4803 261 260 4911 5063 1991/92 5017 5159 286 278 5303 5437 1993/94 5321 5397 306 291 5627 5688 1995/96 5594 5557 324 301 5918 5858 1997/98 5846 5666 341 307 6187 5973 1999/200 6085 5747 358 312 6443 6059

The numbers given are populations averaged over the financial year.

On the 5th November, 1989, there.~were 4910 prisoners (4635 males and 275 females) in the NSW prison population, occupying accommodation designed for approximately 4150 prisoners.

The average daily state for this financial year to 29th October, 1989 was 4772 (4511 males and 261 females).

APPENDIX 8

COMPARISON OF SOME POPULATION PROJECTIONS AND PROJECTED ACCOMMODATION

The attached graph illustrates the difference between the estimated future prison population, and the expected number of available beds. The values were obtained from the following sources.

1. Upper limits of estimates based on the expected number in the general population aged between 20 and S9 years-(Prison Population Projections: Male Prisoners in NSW 1989-2000 and Prison Population Projections: Female Prisoners in NSW 1989-2000 both by Marie-Therese Nguyen Da Huong and Angela Gorta, July 1988). These upper limits are the best available estimate of the future population, ignoring any effects from the Sentencing Act which· came into force on 25th September, 1989, and other factors outlined above. Seasonal fluctuations have not been included.

2. The middle range estimated increase in the prison population due to the Sentencing Act, as described in Appendix 6.

I

3. The optimum (not overcrowded) .total number of beds available, taken', from the Research and Statistics Division Weekly States report.

4. The projected number of beds (cells optimally used) data supplied by John Desborough, Assistant Director, Building Services.

(Adapted from a paper by Barbara Thompson, Research Statistician, 13 November 1989).

Estimated Prison Population and Accommodation

8000~1 --------------------------------------------------~~~ I I I I I I I I I -I

I I I I I I

6000 f-~~~ ~ rl· rlrlrc-Jrlrl~~~~~:;: 4000 Wl R.:.· ·n .. ·.·.n ..• ·n .. ·.n. J.]>.[ __ I··I« .. ..

II ·111 ...•• II 11111.11> ..../

2000 WIIII!.llll, I .//.... . ....

. :::: :;:;: . . :·t :i: o ~.. ~I....L.;.I;..J.L.J..:.J:...

171 1 9d 9d 1911

717 1 7 1 7 1 717 1911 921 G21 9S 9S 941 941 9a 9a 9S 9S

Month/Year

Comparison Scenarios

Base ProJ.Population

CZ] Planned cell numbers

Poss.Sent.Effects Mid-range Scenario (new minimum sentence • old N.P.P.)

-+- Poss.SentenceEffects

---- .. ------•... _-

..

..

APPENDIX 9

ELEMENTS

1.

*

**

2.

3.

4.

* * * 5.

* * * * 6.

7.

*

*

8.

* *

System. of Sanctions and Rewards:

Hierarchy of Privileges Discipline System Compulsory Work Loss of Privileges Segregation Escapees

unit Management

case Management

Group Management of Prisoners:

Double Shifts in Industry Controlled Movement in Groups Reduced out-of-cell hours for some groups

Prison Security:

Electronic Perimeter Patrols Internal controls Dynamic/Interactive

Prison Industries

Prisoner Processing and General Needs:

Classification/PRC Reception/Orientation/Discharge/Transfer Catering Supplies Buy-ups Laundry External Services (Legal Aid, Visiting Justices, FACS, Specific Support Groups)

Family & Community Contact

Mail, Phone calls Visits

..

9. Prisoner Care & Development

* Education

* *

Vocational Training Health Maintenance (0 & A, Medical Services, Methadone, Aids, Dental, Clinic) Welfare Psychological Services Library Services Recreation Religious Ministrations

10. Special Needs Groups:

Protection Intellectually Disabled HIV+ Prisoners NESB Prisoners Aboriginal Prisoners Remand Youth

Emergency Operations (Riots, Hostage Response, Fire, Natural Disaster,

11.

*

12.

13.

* * *

* 14.

Prisoner Strikes, Power Failure)

Prisoner Accommodation

Unit Management and Unit Living Single and multi-cells

Building Maintenance and Environment

staff Management:

Teams Structures/Participatory Management Code of Conduct Training and Development Staff Support Staff Amenities Structural Efficiency Principle

Administration

Re-structuring of the Department and gaols Local financial accountability Accountability for programs and services

15. Regional Gaols

Size Nature of population

* Where changes have occurred.

I

. ... 4

~~

',~

M" "

AI

X

I

M

U

M

M

E o I

U

M

M

I

N

"I

M

U

'M

S E N T E N C E 0

VISITS:

~:

ElIY-tP:

.@h:

Pl.RCI-\II.:.E :

ROJTIti::

VISITS:

PHN::

ElIY-lP:

CElL~:

ROJTlti::

VISITS:

PHN::

ElIY-tP:

CElL~:

ROJTlt-r.: -----

L.rul. eN:: (rm ~rkers)

1 visit/I.'.eek as ' ' per t'eOJl atien

1 x 5 mirute/v..eeI< + J e<J:lls

$7 .00 per I.'.eek (willil"(] to ia.Ork) nil for ot:rers

Sl:lrdard fittings

6~ires

l£\a eN::

Same as level three in maxinun plus fClllowil"(] privi.1e<Fs:

ircreare to 2 x 1 lTur cml:oct per rrmth

$35.00 per \'.eel<

JlctiviUes clothing (shorts-track rui ts etc) 10 cassettes in cell, Sleel< & W1i te TV

LOO.. eN::

Same as level three (rrediun) plus followil"(] pr.ivi.l~:

ircrease to 1 x ! day ccntact/w<

4 x 5 mirutes per I.'.eek

$35.00 per ~

cell furniture ~r local facilities

-------------------------- -----

LE\B.. ThO (~rkers)

Same as level one plus following privileges:

as per reg.Jlatien

ircreased to $20.00 I.'.eek ,

1 JXlSter

Radio j Black & W1i te TV

+ &Jy~ limits will be revised ,

* Tf ~1Y-trs r.m he 9fPlmm~ed hy privat,e cash to the rroxim.m of t:re b-Jy~ limit allOoled at the privilege level

-- . .

LE\B.. THH (co-q:eratiw rut rot ruitEble for rred.iun)

Sere as level ere plus following privileges:

1 x 1 trur ccnta::t/rrmth x 1 x 1 trur reg!rrmth

2 x 5 mirute,A...eek

ircreased to $30.00 per ~

2 JXlSters

Cola.rr TV, Radio/tassette + 5 cassettes in cell. 6 "'CI.po<.ires in cell

Extra "Titre-O.Jt"/exerciee

LM.. ThO

Same as level ere plus following privileges

ircreaee to 1 x 1 tnJr ccntact/~

3 x 5 mirutes per \'..eek

$35.00 per \leek

Sleel< & W1ite TV/20 cassettes in cell Sreville, ju;J, toaster, iTa!: (cell t'u;J) 6 JXlSters, 10 I:xd<s/mag:! in cell.

Extra "Titre-O.Jt"/exerciee

LE\£L ThO

Same as level ere plus followil"(] following privileges:

ircreaee to 1 )( full day/\'.eeI< (4 trurs)

daily 5 m1n.Jtes, ClAn e~

~. 00 per \'..eek

Extra "Titre-O.Jt" per local facilities

:> "'0 "'0 I"'l

~ ->< .... Q

(PmJrsn Jl(MIN~

t1:nac;ers )

Mnln 8uci;Jet Centrol F il1El"Cial Rep::!rt Pr isorer Reports Mnin. 5LqxJrt Pcca..nts

(Tean Lead:!rs)

."" ........

SlPERINTENl:NT I

MANAGER OF INDUSTRIES

I I Stores Internal Mrlnt.

Purc:hasi~ Prisorer EiTplol'fOOf1t Store Keepi~ W9g:!s St.ocktak~ Cateri~ Inventories

Prisorer Processirg

P.R.C.

~ity

TONers Recepticn Oi~ Property Visits BuyL.ps

Posts Reviews Electronic Surveillance Careras D..iress Systems AnraJry ~ry Seard1irJ;} Visi~rs I.O.s Watd-es B & C

CEPUT'r SlPERINTEN1:NT / MANAGER CXNTAI~

I I IndJstries

Prisorer EiTplol'fOOf1t ~ Prod.ction Reven.e P~ing Trace T ra.i"ni~

kcalliodation

lhit MemglllB It W~ fvtnag3rent Cell Eq..rl.prent Cell Allocation Cannnication Urinalysis Cann.ni.catiors Written & .Ph:re !

Hyg3"e Stores

I- Rosters

STAIT CFF'ICER

staff D3velq:nent & Tr~ ll::c. t-ea.lth & Safety Staff Rehebllitaticn P.O. Trainirg & Rep::!rts l:b Rotatiors Orgen!saticn 01arge

MANALER OF CE\£1..a:M.:NT

Lo.elfare Services Ps/"d"'ological Services Ca.nsell~ tJedical Care Religicus Liaiscn

"Library Special f\eeds Gro...ps Ed..cation L:ife Skills (D. A.) Case~IBlt t-ealth fvhlnt. Leisure lim ktivities PrcbatiGll'1& Parole Vcx::ational T~