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Standard guidelines for corrections in Australia : 1996

Conference of Correctional Administrators
ISBN 0 7241 7277 7
{Melbourne} : Corrective Services Ministers' Conference, 1996.

Note: The 1996 reprint incorporates amendments to paragraphs 3.9 and 5.47 which were inadvertently omitted from the 1994 edition.

Note: This publication is no longer current and has been superceded by the 2004 edition.

Preface
Section 1 : Guiding principles
Section 2 : Definitions
Section 3 : Standard guidelines for corrections
Section 4 : Standard guidelines for community based corrections
Section 5 : Standard guidelines for prisons
- Part 1: Management and security of prisons
Part 2: Management of prisoners

Preface

The first edition of The Minimum Standard Guidelines for Australian Prisons was published in 1978. The idea for such guidelines arose from a seminar conducted by the Australian Institute of Criminology in 1976 and entitled Penal Philosophies and Practices in the 1970's. This seminar resolved to establish a working party to draft Minimum Standard Guidelines. Participants in the seminar and subsequent working party included heads of prison services throughout Australia, prison officers nominated by prison officer unions, ex-prisoners, prisoners' action groups, the New South Wales Law Foundation and Council for Civil Liberties, the Prisoners' Aid Association of South Australia and visiting experts from Canada, Sweden and New Zealand.
The Minimum Standard Guidelines for Australian Prisons was based on the United Nations Standard Minimum Rules for the Treatment of Prisoners and related recommendations and the Council of Europe Standard Minimum Rules, and modified to accommodate trends in correctional thinking in Australia during the 1970's. Their purpose was to set standards for the conduct of prisons in Australia.
The Minimum Standard Guidelines for Australian Prisons was edited by the then Assistant Director (Training) of the Australian Institute of Criminology, C R Bevan. A subsequent edition was published in 1984.
In 1986 Correctional Administrators agreed to review the guidelines in the light of developments which had occurred in the Corrections area. The Correctional Administrators Conference, held in Melbourne in October 1986 revised The Minimum Standard Guidelines for Australian Prisons and developed guidelines for Community-based Corrections. The draft version Minimum Standard Guidelines for Corrections in Australia and New Zealand was developed by Administrators and approved for release as a discussion paper by the 1987 Conference of Corrections Ministers, also held in Melbourne. The guidelines were revised by the Conference Correctional Administrators in Adelaide in 1992 to ensure they reflected the Recommendations of the Royal Commission into Aboriginal Deaths in Custody.
Standard Guidelines for Corrections in Australia was prepared from comments provided by each of the Australian jurisdictions, New Zealand, and the Australian Institute of Criminology. Section 5, Minimum Standard Guidelines for Prisons is substantially based upon the original, edited by C R Bevan. In many instances it was considered desirable to retain the original text, in other instances textual changes and new sections have been added to reflect the developments in the prisons area. The document is particularly significant in that it represents the first time in Australia that standard guidelines have been developed for Community Based Corrections.
These guidelines are not necessarily intended for application in relation to prisoners detained in Police ceils.
These guidelines are not intended to be law or to be treated as absolute; they are for guidance. Whilst ultimately the desirable level of implementation is a political decision based on legislative provisions, government policies and the availability of resources, the guidelines do provide a base for protecting human rights in Corrections in Australia.
A national Corrections standards body, comprising Ministers responsible for Corrections throughout Australia and New Zealand, is the authority established to regularly review these Standard Guidelines for Corrections.

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 range of correctional programs should be developed based 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 suffering inherent in such a situation.
1.2b Corrective Services should be located to be as accessible as practicable to the community of interest of the offender.
1.3 Correctional programs should address the needs and problems of offenders and prisoners in the light of the particular circumstances of their offences and their social environment, and meet community expectations of reparation, deterrence, and protection 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 needs of offenders and prisoners.
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 of prisons, programs must be developed which prepare prisoners for release.

Generally, one aim of all such programs should be to enhance the community's understanding of its responsibility for crime prevention, and offenders' and prisoners' understanding of their 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 offenders and prisoners, including Aboriginal and Torres Strait Islander people. In relation to prisons, designs 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 training 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 for 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.
1.8a Recognition of some aspects of customary law in the management of offenders by Aboriginal & Islander communities who accept such responsibilities should be examined as a means of emphasising community responsibility for crime.
1.9 Administering Departments should work toward ensuring correctional facilities and programs meet the standard guidelines for corrections set out in this document.

Section 2 : Definitions

Administering Department: the government department(s) or agency (ies) within each jurisdiction responsible for managing correctional services including organising and administering prisons and community-based corrections and post-release supervision of all kinds.

Community Corrections Centre: any building, enclosure place or class of places established to meet the statutory requirements for the supervision of persons who are under a legal supervision, development or work order.

Community Corrections Officer: an officer employed by the Administering Department, either full-time, part-time, sessional or by some other arrangement who is subject to direction, and assigned from time to time to duties involving the supervision of offenders or of other community corrections officers or volunteers.

Correctional Program: any disposition supervised or enforced by the Administering Department, including imprisonment and community corrections orders.

Deaths in Custody: For the purpose of all post-death investigations the definition of deaths should include at least the following categories:

the death wherever occurring of a person who is in prison custody;
the death wherever occurring of a person whose death is caused or contributed to by traumatic injuries sustained or by lack of proper care whilst in such custody or detention;
the death wherever occurring of a person who dies or is fatally injured in the process of prison officers attempting to detain that person; and
the death wherever occurring of a person who dies or is fatally injured in the process of that person escaping or attempting to escape from prison custody.

Electronic monitoring: any active or passive electronic system for signalling the compliance or otherwise of the offender with home detention conditions.

Home detention order: any order requiring an offender to remain within the precincts of a specified residence during specified hours; and permitting absence from those precincts only during specified periods for specified purposes.

Manager: an officer assigned special powers by the Administering Department in order for the officer to undertake the role of managing a prison or community corrections centre.

Offender: a person on whom the Court or releasing authority has imposed a community corrections order.

Prison: any building, enclosure or place legally declared to be a prison for the lawful custody of persons committed by lawful authority.

Prisoner: a person sentenced by the Court to a term of imprisonment; or ordered by the Court to be detained in a prison. This includes a person placed in the custody of the Administering Department in accordance with a lawful Order for the purpose of undergoing special treatment while under restrictive custody.

Prison officer: an officer employed or accountable to the Administering Department, and whose responsibility includes the supervision of prisoners, and the maintenance of the good order and security of a prison.

Releasing authority: any authority, including a Parole Board, empowered by the law of the applicable jurisdiction to order the release of imprisoned prisoners before the completion of their head sentence.

Remand prisoner: any person charged with a criminal offence who has been ordered by the Court to be detained in custody while awaiting trial or sentencing.

Volunteer: a person authorised by the Administering Department to provide or assist in the provision of prison or community-corrections orders, but not including persons supplying on-site work supervision or training in the course of community service work carried out by offenders.

Section 3 : Standard guidelines for corrections

Inspection and community involvement

3.1 Each Administering Department must establish a set of clear guidelines for the operation of prisons and community corrections centres, and the management of prisoners and offenders. An inspectorial or review system must be established by each Administering Department to ensure these guidelines are administered in each prison and community correction centre.
3.2 A system of accredited community representatives must be established by each jurisdiction or Administering Department to inspect and observe prison facilities and programs. These representatives must visit prisons regularly and prisoners and staff must have access to them. A system ensuring involvement of Aboriginal and Torres Strait Islander people in Official Visitor programs must be established by each jurisdiction or administering Department.
3.3 A system ensuring the involvement of accredited community representatives in community corrections centres must be established by each jurisdiction or Administering Department.

Accredited representatives must include people of ATSI descent and other appropriate- special needs groups selected in consultation with these groups.

Selection and training of personnel

3.4 Recruitment and selection must be a centrally coordinated function. Personnel must generally be appointed on full-time or part-time basis as professional officers with security of tenure subject to good conduct, efficiency, and physical and psychological fitness. Salaries, conditions and benefits must be adequate to attract and retain suitable staff.
3.5 The Administering Department must ensure that effective selection processes exist for every grade of personnel. Selection programs must reflect the needs of a professional correction service, and a career structure must exist in the service. Persons selected must be of diverse backgrounds, including persons of Aboriginal descent, with or without tertiary qualifications, who possess the qualities and skills required of prospective officers.

Recruitment procedures must encourage increased levels of Aboriginal and Torres Strait Islander employment in all areas of corrections.
3.6
Persons recruited to train as officers must possess or be capable of acquiring at least the following:
- an ability to be objective in relation to a wide variety of offenders or prisoners;
- an ability to be firm, fair and understanding; an ability to translate policy and procedures into daily practice; an ability to supervise prisoners or offenders, and to interview and counsel where required;
- an ability to set and maintain limits;
- good oral and written communication skills;
- community liaison skills;
- skills in assessment and evaluation of programs and services for offenders and prisoners where required;
- goal setting and motivational skills;
- an understanding and appreciation of the diversity and cultural backgrounds of offenders and prisoners and especially of Aboriginal and Torres Strait Islander Offenders and prisoners; and
- an ability to effectively communicate and work with offenders and prisoners of all cultural backgrounds, especially persons of Aboriginal and Torres Strait Islander descent.
3.7 The Administering Department must ensure that appropriate training is made available to officers immediately following recruitment and, as required, throughout their career. Such training should aim to develop job-specific skills and a broadening of experience to enable those officers with the capacity and desire, to progress to senior management.
3.8 On recruitment, or as soon as possible thereafter, officers must be given a course of training which includes their statutory responsibilities and their general and specific duties. The Administering Department may, following consultations with relevant staff associations, determine that certain categories of officers must pass theoretical and practical tests in order to commence duties.

All induction programs must contain a significant component on the special needs of Aboriginal & Torres Strait Islander offenders and prisoners, and include reference to the diverse cultural backgrounds of these groups. Training should be developed in conjunction with relevant Aboriginal organisations.
3.9 Induction training must provide, or ensure that recruit officers possess, a basic knowledge in at least the following areas:
- the criminal justice system;
- the structure and function of the Administering Department;
- the legislative base for corrections;
- correctional policies, procedures, rules and manuals;
- administrative procedures and requirements;
- the form, content and style of reports;
- local sources of information within both the correctional and criminal justice system;
- the special cultural background and history of Aboriginal and Torres Strait Islander people; and
- application and interpretation of any instruments of assessment or classification used.
- managing at-risk prisoners (suicide prevention).
The Administering Department should ensure that recruit officers possess specified levels of basic knowledge in these areas before confirming their appointment.
3.10 During their career, officers should maintain, improve and upgrade their knowledge, skills and professional capacity by attending courses of in-service training organised by the Administering Department.

Such training must aim to:
- develop new and existing staff skills;
- equip officers to respond to changing organisational needs and demands;
- inform officers of current trends and shifts in correctional
- philosophy and policy;
- equip officers to assume more senior positions and functions within the correctional service;
- ensure that officers maintaining cross-cultural awareness be kept informed on issues relevant to Aboriginal and Torres Strait Islander people.
3.11 Officers performing specialist functions, including administrative functions, must possess professional qualifications or technical qualifications prescribed by the relevant authority in relation to those duties.
3.12 Officers should have access to counselling services designed to assist them with work-related difficulties.

In conjunction with relevant organisations, counselling should include a cross-cultural component, where appropriate.
3.13 The Administering Department must promote the importance of the role of its staff to the public.

Confidentiality of information

3.14 Each Administering Department must ensure that offenders or prisoners are not required to provide information beyond that necessary for the effective planning and supervision and enforcement of the order of the Court, or releasing authority.
3.15 The contents of case notes, file notes and reports prepared by an officer should generally be discussed with an offender or prisoner by that officer, unless it is considered that such discussion may result in harm to the well being of the officer, offender or prisoner, or others.
3.16 Information from an offender's or prisoner's file should be made available to the offender or prisoner upon request, except where the disclosure of information is considered to endanger life or physical safety, or in the case of prisoners, is prejudicial to the security or good order of the prison.
3.17 Officers must not disclose information gained by, or conveyed to them, through, their position in the correctional service, or contained in a record, return or report prepared by the officer to any persons except:
- the responsible Minister;
- a superior officer;
- the offender or prisoner who is the subject of the record, return or report;
- those authorised by the Minister or Manager;
- the Ombudsman or the Ombudsman's officers; and
- those with a statutory right.
3.18 Each Administering Department must develop and enunciate a clear policy on the provision of information to the police regarding offenders and prisoners.

Written and verbal information

3.19 If, for whatever reason, a prisoner or offender cannot understand written information, and where it is required that an offender or prisoner be informed of a matter in writing, the information must also be conveyed orally in a language the prisoner or offender can understand.
3.20 Where a prisoner or offender has a non-english speaking background, written information must be provided in a language the offender or prisoner can understand. An interpreter must always be provided for an offender or prisoner who does not understand English, when discussing with them matters relating to their management.
3.20a Wherever possible Aboriginal & Torres Strait Islander staff or representatives should be called on to assist in communication with Aboriginal & Torres Strait Islander offenders.

Requests and complaints

3.21 Every offender and prisoner must have the opportunity of making requests or complaints to the designated authorities, including Official Visitors and members of any Aboriginal Visitors Scheme or similar body.
3.22 Every offender and prisoner must have the right to make complaints under confidential cover to persons authorised either under legislation or by the Administering Department.
3.23 All officers must promptly reply to and deal with every request or complaint addressed or referred to them.

Volunteers

3.24 Administering Departments should develop policies appropriate to their own needs for the utilisation of volunteers in correctional programs and every effort should be made to involve the Aboriginal community.
3.25 Where volunteers are used, they must be utilised positively to assist offenders and prisoners to develop a broader sphere of contact and counsel, rather than as a means of caseload reduction.
3.26 Volunteers must be effectively recruited and screened, and should have at least the following attributes:
- an ability to relate to and work with offenders or prisoners in a way which is understanding and helpful, whilst at the same time rejecting offending behaviour and anti-social attitudes which excuse offending;
- a willingness to undergo initial and ongoing training;
- an ability to accept and seek professional supervision or advice as required;
- a commitment to completion of agreed tasks; and
- an awareness and understanding of cross-cultural issues, particularly as they affect Aboriginal and Torres Strait Islander prisoners or offenders.
3.27 Volunteers should receive thorough initial and ongoing orientation. Such orientation should cover at least the following areas:
- orientation to the criminal justice system and role of correctional programs within it;
- information about the correctional structures, policies and procedures of the jurisdiction in which they will work, and the roles of the volunteer within that system;
- development of skills and strategies for personal supervision of offenders or prisoners;
- further awareness and understanding of cross-cultural differences, the special needs of Aboriginal and Torres Strait Islander offenders and prisoners and the role played by relevant Aboriginal organisations.
3.28 Volunteers must provide their services under a form of agreement which specifies, among other things a term of service, and the nature of the duties to be carried out, along with any specification of those duties, and the circumstances under which the agreement may be terminated.
3.29 Volunteers should be consulted, supported, counselled and provided with objective feedback.
3.30 Volunteers must be insured against accident and injury and for public liability when carrying out their correctional duties.
3.31 The Administering Department must provide volunteers with an official means of identification where possible.

Evaluation

3.32 Correctional programs must be regularly evaluated and feedback sought from relevant Aboriginal and community organisations where appropriate.
3.33 Evaluation of overall correctional programs should include, but not be limited to, objective assessment of the extent to which these programs:
- effect positive change in the behaviour, attitudes and life-options of offenders and prisoners;
- eliminate re-offending or reduce the frequency or seriousness of offending;
- reduce rates of imprisonment according to the best available measures, particularly of Aboriginal and Islanders;
- conform to the expectations of courts, releasing authorities and the community;
- are of positive value to the community in terms of cost-effectiveness; and
- meet the offence-related needs of offenders and prisoners, including lifestyle diversity factors.
3.34 Where the Administering Department makes use of community resources for the assessment, treatment, counselling, education and training of offenders or prisoners, the Department should take responsibility for regular assessment and monitoring of the service provided by such agencies to ensure that the quality is adequate and constant.
3.35 Feedback from offenders or prisoners, including Aboriginal and Torres Strait Islander people, must form an important part of any evaluation.
3.36 As an aid to evaluation of the diversionary effect of community-based corrections, each Administrating Department must keep such details of offenders as will enable it to comply with the data requirements of the National Community Based Corrections Census.

In addition, each Administering Department must maintain data on the outcome of breaches of community-based sentencing options according to whether the offender breached by further offence or by failure to comply with other conditions of the order; whether or not the penalty was cumulative upon or concurrent with any sentence undergoing; and the proportion of the order completed when breach action was initiated.
3.37 Each Administering Department must maintain data on prisoners sufficient to enable it to comply with the data requirements of the National Prison Census inclusive of demographics such as Aboriginality.

Section 4 : Standard guidelines for community based corrections

Supervision

4.1 A community corrections officer's first priority must be to administer the order of the Court, or releasing authority. In providing such supervision, the community corrections officer also has responsibilities to the offender and the community.
4.2 The level of intensity of supervision should be related to the estimated risk of re-offending and the needs or performance of the offender, subject to community expectations of punishment, reparation, deterrence, and protection. Supervision must be related to defined goals and plans that are regularly reviewed and, with input from the offender, modified as necessary according to the changing needs and risk of the offender and changing community expectations.
4.3 A standardised process based on the criteria in guideline 4.2 must be developed so as to facilitate rational allocation of supervisory resources to case management.
4.4 Supervision should normally involve negotiation between the community corrections officer and the offender in developing case plans and goals as well as in determining attendance times and other similar requirements. Due account should be taken of the offender's commitments with regard to employment, education, cultural and religious beliefs and family. However, formal coercive powers may be used where appropriate.
4.5 Documentation on each offender under community supervision should be sufficiently comprehensive and up-to-date so that at any time a report can be prepared detailing the manner and extent to which the offender has complied with the Order of the Court or releasing authority.
4.6 Community corrections officers must advise offenders of the limits of confidentiality and endeavour to carry out community based programs with regard to these limits.
4.7 Community corrections officers must not accept gifts from offenders and should refrain from socialising with offenders under their supervision.
4.8 Contact with the offender at home or at a place of work or other neutral territory should normally be incorporated into the supervision plan for each offender.
4.9 Family members, friends, interested persons or employers should normally not be contacted or interviewed without prior notification to the offender. Any objection by the offender should be assessed on its merit.
4.10 In fulfilling their responsibilities to the Court or releasing authorities, the offender and the community, community corrections officers must promptly notify the court or the releasing authority of any failure to comply with an order which may warrant cancellation of that order, and of any developments and changes in circumstances which may warrant amendment, extension or discharge of that order.
4.11 Where special conditions are attached to an offender's order, they should be supervised as follows:
- where the special conditions are non-discretionary, (eg. a requirement to reside at a certain address), the supervisor should notify the Court or releasing authority of any departure from the conditions;
- where the special condition is discretionary (eg. the requirement to undergo assessment or testing... as directed), notification of an offender's circumstances to a Court or releasing authority should be based on an assessment of the perceived risk to the community posed by the offender at that time, the risk to the offender's own safety or well-being, and the possibility of change or improvement in the offender's circumstances.
4.12 Where an Administering Department reports an offender to a Court or releasing authority for non compliance with a non-discretionary special condition, the report must be factual and objective but take into account the special needs and interests of various groups (Aboriginal & Torres Strait Islanders, Women and Young Offenders).
4.13 Discretionary special conditions should only be waived on the authority of a designated senior officer, and where there are adequate grounds for believing that the problem related to the special condition no longer exists.
4.14 Changes of the offender's supervising officer should be minimised and the reasons for the changes should normally be communicated to the offender.
4.15 Supervision, either in whole or part, may be carried out by volunteers and any such case the Administering Department should specify in writing which of the supervisory powers and functions referred to above may be exercised directly by the volunteer and which must be exercised by a Community Corrections Officer.

Unpaid community work

4.16 Community work required to be done by offenders should be socially useful and meaningful and should, as far as practicable, enhance the skills of the offender.
4.17 Suitable work should be work performed on behalf of not-for-profit organisations providing services to the community, recipients of full social security benefits and approved public instrumentalities including those of Commonwealth, State and Local governments.
4.18 Agencies providing work for offenders do not have a right to be informed, without the consent of the offender, of the offences committed by the offender. However they do have a right to specify a range of offences or type of offender they would wish to exclude from work with the agency, and to have that wish respected.
4.19 Subject to a comprehensive risk-assessment, community work placements should maximise contact between offenders and members of the public.
4.20 On any work placement the following conditions should apply:
- working conditions must conform with general standards of occupational health and safety;
- where offenders are required, as part of a work placement, to operate equipment, the community corrections officer must be satisfied that the offender is trained to operate the equipment in a safe and efficient manner. Any equipment provided for offenders must comply with any statutory safety requirements;
- workers' compensation or alternative accident indemnity arrangements must be provided for offenders;
- offenders must have free access to suitable toilet and sanitary facilities;
- equal opportunity and anti-discrimination standards applicable to the community must apply to offenders;
- where an offender with any severe physical or intellectual disability is required to perform community work, advice regarding suitable placement should be sought from an appropriate authority, therapist or trainer;
- offenders performing community work should receive the level of supervision commensurate with the complexity of the work;
- offenders must not take to or consume illicit drugs or alcohol on a community worksite. Arrival under the visible influence of such substances must constitute unacceptable work on that occasion, and must preclude the offender from working on that day;
- offenders are expected to conform to community standards of work behaviour by observing normal courtesies; and offenders whose attendance is satisfactory should be credited with the equivalent hours of work if suitable work becomes unavailable through machinery breakdown, inclement weather, or other cause;
- work performed by Aboriginal Islander Offenders, Women and Young Offenders should be completed with organisations sensitive to their special needs.
4.21 The days and times of work for each offender should, consistent with the order of the Court or releasing authority, be mutually agreed upon and, once decided, not changed unilaterally without written notification.
4.22 The community corrections officer must keep a record of the work performance of the offender, including such matters as punctuality, attitude and performance on the job.
4.23 Subject to the legislation under which the Administering Department operates, offenders must not be credited with time spent-on work deemed to be of unsatisfactory standard by the community corrections officer.

Court advice

4.24 At the request of a Court, Administering Departments must make available recommendations, reports and disposition assessments, in order to assist the court in arriving at an appropriate disposition.
4.25 Reports of offenders to courts must be concise, objective and factual; any expression of opinion must be clearly identified as such, and gratuitous prejudicial judgements avoided.
4.26 Assessment of offenders must draw upon the widest practicable base of information regarding offenders, their offences, and knowledge of available correctional services and programs. Particular reference should be made to the special circumstances of Aboriginal Torres Strait Islander Offenders.
4.27 Where there is insufficient information regarding an offender to permit a community corrections officer or volunteer to make a responsible assessment and recommendation to a court, the court should be advised.
4.28 Where the offender's consent is required prior to a community-corrections order being imposed, any community corrections officer or volunteer involved in the pre-sentencing process should endeavour to ensure that the consent is fully informed. Advisers, interpreters or elders from the Aboriginal and Torres Strait Islander Community and other ethnic groups should be utilised to assist in communicating with offenders of their own cultural background.
4.29 All community corrections officers and volunteers who are involved in the provision of advice to courts should be thoroughly trained and should have a comprehensive understanding of the requirements of the Court and of the Administering Department.
4.30 Community corrections officers and volunteers providing advice to the Courts - must avoid recommending imprisonment without first considering the appropriateness or otherwise of community correctional or other available sentences. In so doing, the community corrections officer or volunteer must take into account the risk posed to the community by the offender, the offence-related needs of the offender, and the community expectations of punishment, reparation, deterrence and protection.

Discipline, breach and complaint

4.31 Upon admission to a community corrections centre, each offender must be informed, in writing, and orally by culturally relevant personnel of the limits of the order, expectations, and that non-compliance or inadequate compliance may result in the offender being returned to the Court, or the releasing authority.
4.32 Formal coercive instructions that, if not obeyed, will automatically result in the offender being subject to breach action should be used sparingly and should be carefully documented and witnessed. Formal coercive instructions must not impose limits or expectations upon the offender greater than the limits or expectations of the Order of the Court or the releasing authority.
4.33 Minor misdemeanours or program failures which do not warrant breach action should be dealt with promptly by way of a warning, the withholding of credit, or other disciplinary action.

The community corrections officer should notify the offender of the consequences of subsequent similar misdemeanours or program failures and of the extent to which the current misdemeanour or failure will influence possible future breach action.
4.34 An offender who fails to attend at any location on a pre-arranged date or at a pre-arranged time should be given opportunity to explain the absence. Failure to explain satisfactorily should result in disciplinary or breach action being taken.
4.35 Any disciplinary interview must be conducted on a fair and reasonable basis and the offender permitted to make comments and ask questions.
4.36 The outcome of any interview or investigation must be formally recorded and conveyed promptly and clearly to the offender.
4.37 Community corrections officers must respond to and investigate complaints made by an offender under their supervision that relate to the community corrections Program of the offender.

Home detention

4.38 In any home detention program, the level of surveillance should be the -minimum necessary to provide assurance that the program objectives are being met.
4.39 In assessing an offender for home detention the consent of the offender and the permission of any other people living at the same address must be gained.
4.40 Any monitoring regime must avoid unnecessary intrusion into the time and privacy of the offender's cohabitants and must take into account the physical safety and well being of these people.
4.41 At its most intensive and restrictive level, home detention should be used for appropriately limited periods.
4.42 An offender under home detention should on each weekday be permitted a period of absence from the home for approved work and/or activities that will allow the offender reasonable time for travel and to meet work/activity commitments.
4.43 Every home detention order must clearly state requirements of the order and rights of any officer administering the order.
4.43a In managing a home detention order the administering department should take into account the cultural, social and other needs of the offender with particular consideration for Aboriginal and Torres Strait Islander people.
4.44 Each Administering Department must establish clearly understood and consistently applied procedures to be followed upon breach of the order.
4.45 Each Administering Department utilising home detention must establish a system capable of monitoring the safety and well-being of officers providing surveillance, and must ensure a legislative base for operating the system is in place.

Electronic monitoring

4.46 Any device required to be worn by an offender for the purpose of transmitting or receiving an electronic signal should be the most unobtrusive device capable of conforming with system requirements.
4.47 Devices should be wearable in a way that does not interfere unduly with normal physical activity, nor draw undue attention to the status of the offender.
4.48 Any electronic device worn by an offender should have sufficient range to permit full use of home amenities without signalling a violation.
4.49 The Administering Department utilising electronic devices worn by an offender should provide the offender With a written and verbal statement of his or her responsibilities with regard to the device. This must include the cost and consequences related to loss, damage, or tampering with the device.

Section 5 : Standard guidelines for prisons

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 must deal with prisoners fairly and impartially.

Reception

5.2 A permanent register of each person received must be maintained in every prison. The following information must be entered:
- information concerning identity;
- the reasons and authority for commitment; and
- the date and time of admission.
Information should include their traditional background where it concerns an Aboriginal or Torres Strait Islander prisoner.

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 and oral culturally relevant information about the regulations governing the treatment of prisoners, the disciplinary requirements of the prison, the authorised methods of seeking information and making complaints, and all such other matters as are necessary to enable the prisoner to understand their rights and obligations and to adapt to the life of the prison.
5.4 All prisoners must be allowed to inform their families of their detention as soon as practicable 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.
5.5 All prisoners must be allowed, 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 advisers regarding their defence or legal actions; and to prepare and hand to the legal adviser, and to receive, confidential instructions. At their request they must be given, wherever practicable, all necessary facilities 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 assistance of an interpreter for all essential contacts with the prison administration, and for their defence. Aboriginal and Torres Strait Islander prisoners must be provided with the opportunity to consult with the Aboriginal Legal Service.

Interviews between prisoners and their legal advisers 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 returned 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 major principle when classifying prisoners must be to place thern 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.

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 situation (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.

In the case of Aboriginal prisoners, traditional and cultural values should also be considered in placing prisoners.
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 practicable after being notified of their transfer.

Remand prisoners

5.15 Remand prisoners are presumed to be innocent until 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 than 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 available, remand prisoners should be offered the opportunity to work, but must not be required to work.
5.20 Remand prisoners should be allowed 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 public view as little as possible. Proper safeguards should be adopted to protect them from insult, curiosity and publicity in any form.
5.22 Prisoners must not be transported in vehicles with inadequate ventilation or light, 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.
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 daily 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. Aboriginal & Torres Strait Islander prisoners should be allowed to obtain culturally relevant advice and assistance.
5.39 Where the punishment may entail 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 be ongoing and 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 officer must not be issued weaponry unless trained in its use and provided with ongoing training. Except in special circumstances, prison officers performing duties which bring them into direct contact with prisoners must not be armed.

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.
5.46 The patterns 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.

International and interstate transfers

5.47 At the prisoner's request, a prisoner may 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 concerning 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 to maintain personal clothing in a state which is clean and fit for use. Underclothing should be regarded as the property of the prisoner.
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 I 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 facilities which provide them with the opportunity to utilise their time in prison in a constructive and beneficial manner.
5.58 The Manager of the institution has a responsibility to encourage prisoners to participate in such programs.
5.59 Prisoners should be remunerated for work and studies undertaken and must have access to monies earned 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 indemnify prisoners against industrial injury, including occupational disease.
5.62 Weather permitting, prisoners should be allowed 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.
5.65 Facilities must be provided for the proper care of hair and beard.

Health services

5.66 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.
5.67 Prisoners who require specialist treatment should be transferred to specialised institutions or to community hospitals. Where hospital facilities are provided within a prison, the equipment, furnishings 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.
5.68 Every prisoner must be medically examined by a suitably qualified person as soon as possible after being received into prison, and thereafter as necessary. In determining tests which prisoners must undergo, the medical officer 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.
5.69 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 directed, are examined as soon as possible.
5.71a Medical Authorities will ensure the special health needs of women and persons from the Aboriginal & Torres Strait Islander community are accommodated.
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 affected 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.
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.
5.76 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, lighting and ventilation of the prison;
- the suitability and cleanliness of prisoners' clothing and bedding; and
- the observance of the rules concerning 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 advice 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.
5.82 Arrangements must be -made to remove prisoners who are found to be severely mentally ill 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.
5.88 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/children 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.
5.90a Aboriginal & Torres Strait Islander prisoners should be ensured access to Elders or people from the Aboriginal community who are recognised as being spiritually relevant to address the beliefs of Aboriginal & Islander prisoners, wherever possible.
5.91 If the prison contains 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.
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, transfer

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. In the case of Aboriginal & Islander prisoners, apart from the family of the inmate the Legal Service and Aboriginal spiritual advisers should also be promptly notified. The Coroner's Office is also to be notified immediately.
5.97 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.

The Coroner is to be notified immediately and a Coronial enquiry shall be conducted into all deaths in custody. The Administering Department shall respond promptly to the recommendations/directions given by a Coroner enquiring into a death in custody.

Australian Institute of Criminology