Commissioner’s Requirements
Management of Visits to PrisonersSection / 3. Programs and Industry
CR Number / 3.2.1 / Current Issue Date / August 2016
Legislation & Policy / Corrections Act 1986
Corrections Regulations 2009
Standard / Programs and Reintegration Services
Attachments / Nil
Forms / Visit Ban Letter
Visit Ban Review Request
1 PURPOSE
To ensure that visits to prisoners will be effectively managed to maintain the good order and security of prisons and safety of staff, prisoners and visitors.
2 REQUIREMENT
All prisons must have processes in place to facilitate personal and professional visits for all prisoners.
3 GUIDING PRINCIPLE
3.1 The Corrections Act 1986 and the Corrections Regulations 2009, provide that prisoners may receive visits, whilst also allowing persons to be prohibited from visiting prisons if they present a threat to good order and security of prisons or the safety of prisoners and visitors.
3.2 Every prisoner is entitled to receive at least one non-contact visit per week of at least 30 minutes duration pursuant to the Corrections Act 1986.
3.3 All professional visits are in addition to the minimum visit entitlements for each prisoner.
4 CONTEXT
Prisoners have access to a visit program that assists them to maintain contact with family and friends and are able to have confidential meetings with professional visitors.
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Commissioner’s Requirement – Management of Visits to Prisoners
Commissioner’s Requirements
5 INSTRUCTION
5.1 Protocol
5.1.1 The terms and conditions that apply to visits to prisoners must be determined by the General Manager consistent with the maintenance of the security, good order and management of a prison, and the safety and security of staff, prisoners and visitors.
5.1.2 The General Manager must take reasonable steps to bring terms and conditions to the attention of persons visiting or wishing to visit a prisoner.
5.1.3 Before entry into a prison, a visitor must provide prescribed information, including the persons identity, address, occupation, age, relationship to the prisoner (if any) and the purpose of the visit.
5.1.4 In accordance with section 45 of the Corrections Act 1986 the General Manager is authorised to search a visitor and / or examine an item in the possession of a visitor. Judges of the Supreme Court or County Court or a magistrate are exempt from this rule.
5.1.5 If a visitor consents to a search, as per regulations 71 (3) of the Corrections Regulations 2009, they may request that a ‘third party’ be present during the search.
5.1.6 If a visitor does not consent to a search, they must be informed of the consequences of refusal.
5.1.7 A professional person or agency wishing to interview or assess a prisoner must apply to the General Manager in writing a minimum of three working days prior to the visit. The application must indicate if the visitor wishes to bring a dictaphone, computer or other equipment associated with the business of the visit. The visit, and use of any equipment needed for the business of that visit must be authorised by the General Manager prior to the visit taking place.
5.1.8 Any pass issued for access to a prison for professional purposes must only be used when the purpose of the visit is consistent with conditions on the pass.
5.1.9 Persons who have been issued with a departmental unrestricted access pass, will be permitted access to the prison at any time, subject to protocols consistent with the person’s roles and responsibilities.
5.1.10 Persons with a restricted access pass will be permitted access to the prison subject to protocols consistent with the person’s roles and responsibilities. The General Manager will make a determination regarding the time and level of access permitted.
5.1.11 On entry into a prison, or when visiting a prisoner authorised to be absent from a prison, a visitor must, if asked by a prison officer, confirm his or her identity and/or sign the register kept for the purpose of recording visits. The identity of a person may be confirmed by iris scan technology or by allowing a prison officer to sight documents with a value of 100 identity points.
5.1.12 The prison will maintain a current Valid Visitors List of approved visitors for every prisoner.
5.1.13 Up to ten (10) visitors are to be permitted on each prisoner’s Valid Visitors List at any given time. Following approval of a prisoner’s list of visitors, the information will be entered on the Visits module in the Prisoner Information Management System (PIMS).
5.1.14 Where a visitor has a flag in PIMS, staff processing the visit on the PIMS Visits module, will record the manner in which a PIMS flag has been actioned, for example, “Visitor offered non-contact visit”.
5.1.15 If a visitor requests to use toilet facilities or baby change rooms during a contact visit, the officer-in-charge of the visits centre is to assess whether, on the basis of any intelligence and other information, the visit should resume, resume as a non-contact visit or, if appropriate, be terminated. A strip search of the visitor upon exiting the toilet may be considered if the visit is to continue as a contact visit.
5.2 Aboriginal and Torres Strait Islander Prisoners
The prison will where appropriate, facilitate assistance and support for families to visit Aboriginal and Torres Strait Islander prisoners, through Corrections Victoria’s Aboriginal Programs Unit’s Aboriginal Family Visits Program.
5.3 Police Interviews
5.3.1 The General Manager is to ensure that the prison is able to facilitate police interviews, where required. This includes ensuring that the police and prisoner can meet without other prisoners knowing that an interview is taking place.
5.3.2 Staff should not be present during a police interview with a prisoner, unless requested by the prisoner, in which case, staff should not be within hearing range if possible.
5.4 Bans
5.4.1 If a General Manager believes on reasonable grounds that the good order or security of a prison or safety of staff, prisoners or visitors is threatened by a person (other than a professional visitor) wishing to be a visitor, an order should be made under section 39(1) of the Corrections Act 1986, to prohibit that visitor from entry to the prison.
5.4.2 If the Deputy Commissioner, Operations or a General Manager believes on reasonable grounds, that the good order or security of prisons or safety of prisoners or visitors is threatened by a person (other than a professional visitor) wishing to be a visitor, an order should be made under section 43(1A) of the Corrections Act 1986, to prohibit that visitor from entry into all prisons in Victoria.
5.4.3 Visitor bans may also be applied in accordance with the Corrections Alcohol and Drug Strategy 2015.
5.4.4 All visit bans must be entered onto the PIMS Visits Module and a Centurion Information Report generated.
5.4.5 A professional visitor ban can only be imposed by the Commissioner or Deputy Commissioner, Operations under section 43(1A) of the Corrections Act 1986.
5.4.6 A visitor who is prohibited from entering all prisons must be provided with a written notice of the refusal or order which states:
· the reason for the ban;
· the period for which the ban is to apply;
· the expiry date or review date; and
· the name of the person applying the ban (refer to Visit Ban Letter).
5.4.7 The written notice should be accompanied by a form which a prohibited person can submit if they wish to seek a review of their visit status (refer to Visit Ban Review Request).
5.4.8 A prohibition can only apply to a visitor allocated a Visitor Registration Number (VRN).
5.4.9 Prohibition periods are to be determined by the authority who placed the ban following consideration of each case on its merits.
5.4.10 Where a visitor has been banned from one prison, unless there is reason to initiate a further ban by another prison, the visitor should be able to visit prisons that they are not banned from visiting.
5.4.11 The following recommended periods (listed in section 5.5) should be considered as a guide for the sake of consistency, but different ban periods may be applied depending on the seriousness of the incident, the visitor’s and prisoner’s human rights and any other relevant information.
5.5 Guide to Ban Periods
Recommended Period / Incident3 months / Refusal to submit to a search
3 months / Abusive towards staff
3 months / Inappropriate behaviour
Up to 12 months / Introduction of drugs, drug related items or other contraband e.g. into the prison car park if the General Manager is satisfied that there was no reasonable chance of the item(s) being passed to or left for a prisoner or prisoners
12 months / Introduction of contraband e.g. into the prison gatehouse / lockers
12 months / Producing false identification on registration
12 months or indefinitely / Introduction of drugs, drug related items or other contraband into the prison if the General Manager is satisfied that there was reasonable chance of the item(s) being passed to or left for a prisoner or prisoners
5.6 Review Process
5.6.1 Where a ban is imposed for 12 months or indefinitely, it must be reviewed after 12 months or at the request of the banned person. A visitor must also be advised that they are able to make a submission to the authority who placed the ban before each review occurs. If a decision is made to continue a ban, it must be re-entered as a new restriction on the PIMS Visits Module with a new written notice given to the person subjected to the ban (as per section 5.4.6).
5.6.2 Where a ban is imposed for a period of less than 12 months, the ban will automatically lapse on the expiry date. Provided that no further visit bans have been applied, the previously banned person will then be eligible to reapply in writing to the prison location which imposed the visit ban to request reinstatement of visitor status.
5.6.3 At the discretion of the General Manager, permission for a previously banned visitor to enter a prison may require that person to be restricted to non-contact (box) visits only.
5.6.4 The Prison Visits Module on PIMS must be viewed and updated as required, including the Valid Visitors List, visitor bans and any associated flags.
Jan Shuard PSM CommissionerInformation below this point is administrative supporting detail
only and not subject to Commissioner’s review or approval.
AcronymsCVIU / Corrections Victoria Intelligence Unit
PIMS / Prisoner Information Management System
SESG / Security and Emergency Services Group
VRN / Visitor Registration Number
Definitions /
Nil
Associated Commissioner’s Requirements
1.2.3 - Strip Searches in Prisons
1.2.4 - Barrier Control Procedures
1.2.9 - Contraband and Controlled Items
1.3.1 - Incident Reporting
3.2.2 - Visits by Children to Restricted Access Prisoners
Document Detail
Title: / Management of Visits to Prisoners
Owner: / Manager, Operations Directorate
Version Control
Version / Date / Description
V5 / Aug-16 / Update
V4 / Dec-15 / Update
V3 / Aug-14 / Update
V2 / Jul-09 / Update
V1 / May-09 / First Issue
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Commissioner’s Requirement – Management of Visits to Prisoners