MaximumSecurityOrders最大安全秩序.doc

MAXIMUM SECURITY ORDERSMAXIMUM SECURITY ORDERSMaximum Security Orders impose very restrictive conditions on prisoners. A decision to make a Maximum Security Order (Order) should be a last resort. The law provides strict conditions preventing prisoners from being placed in a Maximum Security Unit (MSU) except in certain circumstances. If you believe that you have been unlawfully or unfairly placed in an MSU it is important that you seek legal advice (see contact details at the end of this pamphlet).When can an Order be made?An Order can only be made if a prisoner is classified as “maximum security” and the Chief Executive of Corrective Services reasonably believes that There is a high risk of escape or attempted escape; There is a high risk the prisoner will inflict death or serious injury on other prisoners or other persons with whom the prisoner may come into contact; Generally, the prisoner is a substantial threat to the security and good order of the prisonThe term of the Order must not be for more than 6 months.When can an Order NOT be made?If a person has an acute psychiatric disorder, is suicidal or self-harming, or has a severe intellectual disability, he should not be placed in an MSU.Women and prisoners under 18 years old must not be placed in an MSU.Medical and other assessmentsA doctor must examine a prisoner as soon as possible after being placed in an MSU, and not later than 28 days after initial assessment.A number of other assessments will also be made within 14 days. For example, a psychological assessment may be required; security and risk of escape will also be assessed. ConditionsOnce assessments have been completed, a copy of all the conditions that attach to the Order must be given to the prisoner, including: hours allowed out of the cell; visits and phone calls; association; entitlement to exercise; property;The Order must contain directions about the extent of the persons segregation from other prisoners, and the privileges that the person is entitled to, such as access to programs, training and counselling. Privileges are limited to those that can be accessed in the MSU.MAXIMUM SECURITY ORDERSSentence Management is suspended while a prisoner is in the MSU. This means that no sentence management reviews are undertaken. The person is entitled to reviews by an Official Visitor (see “Official Visitors Review).Individual Management PlanAn “individual management plan” is developed for each person who is placed in the MSU. This plan details the level of “risk” the person is considered to pose, as well as recommendations about counselling and education, for example. Corrective Services procedures state that the main aim of the management plan is to set “behavioural goals”, to guide a prisoners return to mainstream.Reviews of the individual management plan should be conducted every month if the prisoner is on a six month Order. If the prisoner is placed on a consecutive Order, the plan should be reviewed every 3 months.Consecutive MSOsAn Order cannot run for longer than 6 months. A person can only be kept longer than 6 months in the MSU if the Chief Executive of Corrective Services decides to make another Order (a “consecutive Order”) to take effect at the end of the existing Order. If the Chief Executive is intending to make a “consecutive Order”, s/he MUST give the prisoner written notice advising that Corrective Services is considering whether another Order should be made. This notice must be given not more than 28 days before the end of the existing Order.Once the prisoner receives the written notice that the Chief Executive is considering whether to make another Order, the law provides that the prisoner MUST be given 14 days in which to send their submissions to the Chief Executive about anything relevant to the decision. Prisoners Legal Service Inc. or another lawyer can provide advice about Maximum Security Orders or help with submissions regarding “consecutive Orders” (see end of pamphlet for contact details). Official VisitorsOfficial Visitors to the prison have access to all admissions to the MSU and a copy of all individual management plans will be available to the Official Visitors. An Official Visitor may attend the meetings of the Maximum Security Prisoner Management Team, where plans are developed.An Official Visitor must visit a prison to which s/he has been appointed, at least once per month to respond to complaints or issues raised by prisoners. A prisoner wishing to lodge a complaint may do so on a pink letter. Official Visitor ReviewsMAXIMUM SECURITY ORDERSPrisoners in the MSU are entitled to ask for a review of their Order. A review may be requested by writing a blue letter to the General Manager asking for an Official Visitors review of the Order. The General Manager must then refer this request to an Official Visitor, who must review the Order as soon as practicable. When conducting the review, the Official Visitor may enter the prison at any time; have access to a place where s/he can interview the prisoner out of the hearing of others; and inspect and copy at the prison any document relating to the review, that is kept under the Corrective Services Act 2000 (CSA). How often may the order be reviewed?If the term of the order is 3 months or less, the prisoner is entitled to ask for one review of the Order. If the order is more than 3 months, the prisoner is entitled to ask for two reviews. If at any time the Order is amended, the prisoner is entitled to ask for the order to be reviewed by an Official Visitor, even if the MSO has already been reviewed before the amendment. What happens to the Official Visitors review?Once the Official Visitor has completed the review s/he must recommend to the Chief Executive of Corrective Services whether the Order should be confirmed, amended or cancelled. The Chief Executive must consider the recommendation, and confirm, amend or cancel the order. The Chief Executive is not bound by the Official Visitors recommendations.Access to FilesPrisoners in the MSU, like all other prisoners, are entitled to access information regarding their personal affairs, including medical and psychological reports, by application under the Freedom of Information Act 1992 (Qld). Forms should be available at the prison (see the pamphlet entitled FOI in this series). When a prisoner transfers to an MSU, all their files must accompany them. The medical file will be held in the Medical Services Unit, the Professional Management File will be held in the MSU and Detention file will be in Sentence Management (SMU) area. The professional management file contains copies of the following documents: Referral form Required documentation supporting the referral MSO Individual Management Plan Reintegration Plan Other relevant documentsAny information that may be used to identify an informant will not be released under FOI.ReintegrationMAXIMUM SECURITY ORDERSMSUs are not suitable for long-term placement of prisoners, and Corrective Services procedure states that a goal of management in an MSU is to return the prisoner to mainstream. Procedures state that a reintegration plan must be developed for every prisoner placed in an MSU before they are discharged. Preparation for reintegration starts once the prisoner has been assessed as suitable to return to mainstream and approved for discharge from MSU. An MSU reintegration plan must be developed in consultation with the General Manager. The plan will include details of past institutional behaviour, including the factors which resulted in referral to the unit, but also recommendations for progressing the plan, and follow up of the prisoners reintegration.Discharge from the MSUThe decision whether or not to discharge a person from the MSU will take into account recommendations of the MSU review committee. A copy of the reintegration plan will be kept on the prisoners professional management file. A copy of the plan must be given to the prisoner and the requirements of the plan must be explained. The prisoner is entitled to send a c