The following outline is provided as a guide to ensure a consistent and effective approach in dealing with charges and applying sanctions applicable to failed urine tests.
GOULBURN CORRECTIONAL COMPLEX: FAIL URINE TEST - MANAGEMENT GUIDELINES
In accordance with section 57 of the Crimes (Administration of Sentences) Act 1999 and section 152 of the Crimes (Administration of Sentences) regulation 2001, in dealing with a charge relating to this offence and given that the office is proven, an inmate may be deprived for up to six months (168 days) of such withdrawable privileges as determined to be suitable.
The following outline is provided as a guide to ensure a consistent and effective approach in dealing with charges and applying sanctions applicable to failed urine tests.
1 First Offence
1. Withdrawal of the following privileges for 42 days: 1. Contact Visits, 2. Access to private or any other television. 3. Access to private or any other walkman, radio/cassette.
2 Second Offence
1. Withdrawal of: 1. Contact Visits for 84 days,2 Access to private or any other television (56 days), 3. Access to private or any other walkman, radio/cassette (56 days), 4 Any organised leisure activities (Oval, Activities gym, etc) (56 days) 5. Activity purchases (56 days), 6.Hobbies (56 days)
3 Third Offence.
1. Withdrawal of: 1.Contact Visits for 126 days, 2. Access to private or any other television (56 days) 4.Any organised leisure activities (Oval, Activities gym, etc (56 days) 5.Activitiy purchases (56 days), 6. Hobbies (56days)
4. Fourth and subsequent Offences
1. Withdrawal of: 1. Contact Visits for 168 days 2. All privileges, except telephone, (56 days)
In addition to the application of sanctions, case management approaches will be implemented to identify issues and ensure appropriate support and programs for inmates to address offending behaviour.
In accordance with section 19.4.4 of the Operations Procedures Manual, minimum security inmates that return a positive result to a non-prescribed substance will be required to be re-assessed by the Case Management Team to review the inmate's security rating and submit a recommendation to the Case Management Committee .The security rating signifies a level of trust which is accorded to an inmate, and is part of the inmates's case plan.
Effective Date: 1 November 2005
Goulburn Correctional Complex
Complaint: Sam Boyd
G-day People of J.A.,Hows it going out there in the big bad world? Do cars still have wheels? (and he hand-drew a cartoon smile)
On Sunday 17th we yard delegates were handed a slip of paper outlining Goulburn's new guidelines for inmates who fail urine tests.
We seek information on the following points;
1) Is this legal
2) Was there once a legal case where the removal of an inmates private
property was deemed illegal, some seem to say there was
3) Black deaths in custody
4) Those with psych problems
5) Is this just for Goulburn or statewide
6) Are all inmates subject to the same guidelines
Thank you for your time as we hope you can shed some light on our concerns
Comment: Brett Collins JA
We have just received a handwritten letter from the representative of the yard delegates asking us to find some information.
Their right to possess anything at all, their right to have access to the outside world, their right to hold their family and friends, and the right to hold them, is being challenged. Their right to listen to music, or have exercise or hobbies are also being threatened. They want us to help.
What shall we say?
I propose that we write back to them, saying that we will work with them to resist. That we want their families and friends to make contact with us to help. Together we will win. And enjoy our community to boot.
Down with torture! Stop the terrorism! Demand our rights be defended!
Comment: Brian Steels
Not having seen the 'guidelines' provided to prisoners, it is more difficult to assess the situation.
If it was to happen in WA I would ask for the guidelines to be made available publicly through Parliament. (A Question without notice is a good start, and I'm sure that you have a local pollie who will assist here. I use the Greens)
Then item by item see if the punitive measure is outside of the Australian Standard Guidelines and UN articles. They will be!
Ask families to write to church groups, human rights groups and your usual suspects to complain about such harsh treatment.
Here we have Prof. Richard Harding and the Inspectorate who would also assess the likely outcomes of the prison authorities acting on these guidelines.
THEN...I would hold a vigil/protest on the steps of Parliament...that works for me, although I'm feeling my age when it comes to a 24 hr vigil for human rights!
Overview Of Australian Justice And Prison Systems
(ii) The Standard Minimum Rules detail what is generally accepted as being good principle and practice in the treatment of prisoners and in the management of institutions. It is accepted that not all of the rules are capable of application in all places and at all times. The HRC has observed that there are certain minimum requirements which should always be observed. They relate, for example, to the minimum floor space and cubic content of the air for each prisoner, adequate sanitary facilities, clothing which is not to be degrading or humiliating, the provision of a separate bed, and the provision of food of nutritional value adequate for health and strength.
The rules make provision for the following matters, in general terms:
21. Every prisoner who is not employed in outdoor work shall have at least one hour of suitable exercise in the open air daily if the weather permits. Young prisoners, and others of suitable age and physique, shall receive physical and recreational training during the period of exercise. To this end, space, installations and equipment should be provided.
22-26. Every institution should have the services of at least one qualified medical officer who should have some knowledge of psychiatry. Prisoners must undergo medical inspection as soon as possible after admission; prisoners suspected of infectious or contagious conditions must be segregated. The medical services must include a psychiatric service for the diagnosis and, in proper cases, the treatment of states of mental abnormality, and each prisoner is entitled to the services of a dentist. Special accommodation must be provided for all necessary pre-natal and post-natal care and treatment. Where specialised treatment is required, the prisoner shall be transferred to specialised institutions or to civil hospitals.
27-32. Discipline and order shall be maintained with firmness, but with no more restriction than is necessary for safe custody and well-ordered community life.
No prisoner shall be employed, in the service of the institution, in any disciplinary capacity.
Conduct constituting a disciplinary offence, types and duration of punishment, and the authority competent to impose such punishment must always be determined by the law or regulation of the competent administrative authority.
No prisoner shall be punished unless he/she has been informed of the offence alleged and given a proper opportunity of presenting a defence (where necessary and practicable, through an interpreter). The competent authority shall conduct a thorough examination of the case.
Corporal punishment, punishment by placing in a dark cell, and all cruel, inhuman or degrading punishments shall be completely prohibited as punishments for disciplinary offences.
Punishment by close confinement or reduction of diet or any other punishment that may be prejudicial to the physical or mental health of a prisoner shall never be inflicted unless the medical officer has examined the prisoner and certified in writing that he/she is fit to sustain it.
37-39 Prisoners shall be allowed under necessary supervision to communicate with their family and reputable friends at regular intervals, both by correspondence and by receiving visits. Prisoners who are foreign nationals shall be allowed reasonable facilities to communicate with diplomatic and consular representatives of their State.
Prisoners shall be kept informed regularly of the more important items of news by newspapers or radio or by any similar means as authorised or controlled by the institution's administration.
By Injustice posted 27 September 05
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