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Corrective Services

Contributors: Robert Atcheson and Melinda Smith

Currency of information: January 2012

Overview

Custodial Corrections

The ACT has two custodial facilities: the Alexander Maconochie Centre and the Periodic Detention Centre. Both are administered by ACT Corrective Services.

The ACT Government, through the Community Services Directorate, also manages the Bimberi Youth Justice Centre, which is a youth custodial facility for young offenders aged 10-18 years.

Legislative Framework for ACT Corrective Services

The Human Rights Framework

The Human Rights Act 2004 (ACT) obligates all ACT Government agencies to act in accordance with the enumerated human rights contained in the Act, including giving proper consideration to the individual's human rights when making decisions. An individual's human rights are also protected in international law under, inter alia, the International Covenant on Civil and Political Rights, the Universal Declaration of Human Rights, and the International Covenant on Economic, Social, and Cultural Rights.

The relevant human rights standards are as follows:
  • Humane Treatment of Children (CROC, OPCAT, UNCAT, POJ r.67, HR Act ss 10, 11, 19, 20);
  • Natural Justice (POJ art 70, SMR r.20);
  • Freedom of Association (HR Act s.15);
  • Freedom of movement (HR Act s.13);
  • Right to Privacy (HR Act s.12);
  • Liberty and Security (HR Act s.18);
  • Equality (HR Act s.8);
  • Freedom of Expression (HR Act s.14);
  • Legal status (HR Act s.19);
  • Consent to Medical Treatment (HR Act s.10(2)); and
  • Rights to Health and Education (ICESCR).

Legislation

The ACT legislation dealing with corrective services includes the following: Commonwealth legislation dealing with corrective services includes the following:

Corrections Management Policies and Procedures

There are a large number of policies and procedures made as legislative instruments under the Corrections Management Act 2007 (ACT). These deal with issues such access to health care, Aboriginal and Torres Strait Islander prisoners, smoking, infectious diseases, and so on. Up-to-date copies of these are available on the ACT Legislation Register.

There are also several other relevant policies and guidelines, including the Standard Guidelines for Corrections in Australia. These guiding principles are intended to show the spirit in which correctional programs should be administered and the goals towards which administrators should aim. The booklet outlines standard guidelines for corrections, community based corrections and prisons, including the management and security of prisons and the management of prisoners.

Commonwealth Prisoners

Overview

Commonwealth provisions dealing with Federal offenders are set out in Part 1B of the Crimes Act 1914. In general, the Minister for Home Affairs deals with prisoner matters on behalf of the Attorney-General.

A Federal offender is someone convicted of an offence against Commonwealth law. Some common offences are social security fraud and importation of prohibited imports - usually drugs.

Prison Conditions

As far as general prison conditions are concerned, Federal prisoners are treated in the same way as other prisoners. They are subject to the same discipline, use the same amenities and take part in the same activities.

In general, Federal prisoners are eligible for the same programs as State prisoners such as work release, home detention or pre-release, if these schemes are offered in the State in which they are imprisoned. The State authorities will recommend whether or not prisoners should be allowed to take part in these schemes.

Alexander Maconochie Centre

Alexander Maconochie Centre

The Alexander Maconochie Centre (AMC) is a public, maximum security facility accommodating both male and female prisoners, with capacity for 300 individuals. Remand and sentenced prisoners from low to high security classifications can be accommodated. It has been in operation for approximately 4 years, having opened in 2008, and is located on the Monaro Highway at Hume in the ACT.

Legal Aid ACT has established a Prisoners' Legal Service at the AMC. This includes a lawyer outreach service and education programs for the AMC community.

Symonston Correctional Centre

Symonston Correctional Centre

The Symonston Correctional Centre is a public, minimum security facility accommodating both male and female prisoners, with capacity for 49 individuals. Housed within the Symonston Correctional Centre is the Periodic Detention Centre, Training Unit and the refurbished Temporary Remand Centre which will be used for other purposes.

The Centre operates both during the week and on weekends, and is located at Mugga Lane, Symonston ACT 2609. Offenders sentenced to community service work meet at the Centre before commencing their work in the community.

Bimberi Youth Justice Centre

Bimberi Youth Justice Centre

Bimberi opened on 3 September 2008, and is the ACT's only incarceration facility for juvenile offenders. Bimberi is Australia's first juvenile custodial facility designed, built and operated under Human Rights legislation. Bimberi is currently able to accommodate up to 40 young people aged 10-18 years, as well as some young people up to age 21.

Bimberi is managed by the Community Services Directorate, not by ACT Corrections.

On 8 December 2010, the ACT Legislative Assembly passed a resolution directing the ACT Children & Young People Commissioner to conduct an inquiry into the youth justice system in the ACT, including Bimberi Youth Justice Centre.

The resolution also directed the ACT Human Rights & Discrimination Commissioner to undertake a Human Rights Audit into the detention conditions at Bimberi. The Commissioner's report was presented to the ACT Legislative Assembly on 29 July 2011.

Community-Based Corrections

Community-Based Corrections

ACT Corrections administers the following non-custodial programs:
  • Probation and Parole Unit;
  • Prisoner Employment Unit;
  • Corrections Program Unit;
  • Offender Services; and
  • Managed Accommodation Program.

Probation and Parole Unit

One option available to courts when sentencing is a Community Based Order (e.g. bail supervision, probation, or parole) rather than a custodial sentence, which helps refer offenders to appropriate community based or residential services to assist with addressing a variety of issues (such as drug and alcohol abuse, grief and loss, self esteem and relationship issues). The Probation and Parole Unit within ACT Corrective Services provides advice to Courts and releasing authorities on the background, attitudes and behaviours of offenders subject to Court Orders.

The Unit aims to reduce re-offending by using empirically sound risk assessment tools to identify criminogenic risk factors. It then tailors a rehabilitation plan to address these factors, and uses a brokerage case management approach to provide these services.

Supervision

The Courts and other authorities (such as the Sentence Administration Board) can release offenders subject to the supervision of ACT Corrective Services. These offenders are allocated a Probation and Parole Officer and are required to report at designated times for the duration of the Order.

The conditions of the supervision are outlined in the Order, and these form the basis of a Rehabilitation Plan. The offender is required to obey all reasonable directions of their Probation and Parole Officer to address their offending behaviours. Some requirements of supervision can include:
  • To attend at a pathology collection centre for urinalysis testing;
  • Referral to ACTCS Corrections Programs Unit to undertake a therapeutic or educational program;
  • Referral to external treatment providers to address issues such as violence, anger, alcohol and other drug abuse, or mental health treatment.

Transfer

Orders can be transferred between jurisdictions after application to the receiving jurisdiction, who must first accept the transfer of supervision of the offender. Offenders must at all times ask and receive permission for transferring.

Prisoner Employment Unit

The Prisoner Employment Unit is a team of highly dedicated community corrections staff that are responsible for the administration and implementation of the New Employment Opportunities (NEO) Program, a crime prevention initiative of the ACT Government that aims to provide prisoners with the opportunity to engage in meaningful and sustainable paid employment, work experience, vocational training, and education for the purposes of rehabilitation and reintegration into the community.

It also includes the Community Service Work Unit, which operates a number of supervised work crews made up of individuals required by Court Orders to undertake community service activities.

New Employment Opportunities (NEO) Program

The New Employment Opportunities (NEO) Program is a crime prevention initiative of the ACT Government that aims to provide prisoners with the opportunity to engage in meaningful and sustainable paid employment, work experience, vocational training, and education for the purposes of rehabilitation and reintegration into the community.

The NEO program's main area of operation is to provide external employment upon release. In addition, the program includes:
  • Internal Alexander Maconochie Centre (AMC) skill development and experience, and
  • Transitional Release work placements in the community.

Community Service Work Unit

The Community Service Work Unit is responsible for the administration of Community Services Orders, whereby offenders actively contribute to the community through working at community (not for profit) or Government organisations.

Offenders can be sentenced to between 20 and 500 hours of community service work. This is a reparative and rehabilitative community based sentencing option.

ACT Corrective Services operates a number of supervised work crews made up of individuals who are required to undertake community service activities. These work crews are fully supervised or monitored by ACT Corrective Services staff.

Work crews operate on Wednesdays, Saturdays and Sundays only. Work placements are usually flexible and can be arranged to suit the employer and the offender.

Corrections Program Unit

The Corrections Programs Unit facilitates programs and services in the community, the Periodic Detention Centre and the Alexander Maconochie Centre. The services of the Unit are consistent with a focus on specific programs for offenders that address identified risks and criminogenic needs.

Programs include:
  • Adult Sex Offender Program (ASOP)
  • Cognitive Self-Change Program (CSC)
  • Family Violence Cognitive Self-Change Program (FVCSC)
  • Violent Offender Program (VOP)
  • First Steps - Relapse Prevention Program
  • Back in Control - Relapse Prevention Program
  • Solaris Therapeutic Community (TC)
  • Sober Driver Program

Adult Sex Offender Program

Target/Eligibility: For men convicted of a sexual offence or a sexually motivated offence, recently or in the past. Length: Duration is up to 2yrs based on 1 session per week.

The ASOP aims to replace sexual offenders' cognitive distortions with thinking that correctly attributes responsibility to them, in order to reduce the risk of further offending. Men do not have to be sentenced to 2 yrs in prison with a non-parole-period; they can commence the program in prison and continue it in the community if they have a significant period of parole or a post prison Good Behaviour Order.

Cognitive Self-Change Program

The Cognitive Self Change program takes participants through a series of four steps designed to facilitate their skills development in mindfulness, objectivity, recognition of how their own risk thinking, attitudes and beliefs lead them to harmful and or rule breaking behaviour and building competency in restructuring their thinking creatively to replace Criminogenic thinking while maintaining self-esteem.

Family Violence Cognitive Self-Change Program

Target/Eligibility: For men who have offended against a family member.

Length: Duration is a minimum of nine months based on one session per week.

The FVCSC follows the same principles as the CSC however focuses of family violence. Participants are challenged to consider situations where they have harmed family members across a broad range of behaviours considered controlling or abusive. They must deal with all family violence incidents that are recorded on a criminal history as well as acknowledge other incidents of harm that have not been responded to by the criminal justice system.

Violent Offender Program

Target/Eligibility: for men with a history of violent offending. The program offers two streams of the program, the moderate intensity and the high moderate intensity. Eligible participants must meet a minimum score on the Violence Risk Scale (VRS) of 35 to be considered for the moderate intensity group and a minimum of 50 for the high intensity group.

Length: All participants eligible for the VOP must complete the Exploring Change Program which is an introductory six session program. Upon completion of this, participants who have been assessed for the high intensity VOP are to complete a minimum of 165 hours of program delivery which is approximately 52 weeks if run twice weekly. Some participants may be required to complete up to four additional modules if so identified in their treatment plan. The estimated time to complete the moderate intensity VOP is a minimum of 82.5 hours which is approximately five months if delivered twice weekly.

The Violent Offender Program is a modularised, group-based therapeutic program. It aims to reduce participant's risk of violent recidivism by increasing their self-awareness, self-management, and conflict resolution skills, and better regulating affective responses and behavioural outcomes.

First Steps - Relapse Prevention Program

Target/Eligibility: For men and women who have an active or history of alcohol and/or drug use.

Length: Six modules delivered over a nine-week period.

The First Steps program aims to support participants with the challenges faced when ceasing or reducing substance use. First Steps is an alcohol and other drug awareness, education and relapse prevention program, designed to assist offenders identify risk factors associated with relapse and develop healthy alternative coping responses to habitual substance misuse and offending behaviour.

Back in Control - Relapse Prevention Program

Target/Eligibility: For men and women who have an active or history of alcohol and/or drug use.

Length: 20 modules delivered over a 20-week period.

Back in Control is Psycho-Educational Relapse Prevention Program and supports offenders to expand upon and consolidate skills previously learnt in First Steps. The program aims to improve participant's mental and physical health, increase lifestyle opportunities and enhance quality of life. These goals are achieved through comprehensive analysis of the factors that trigger substances misuse, and by assisting participants to learn and consolidate the knowledge, skills and confidence needed to make informed decisions when considering future substance use.

Solaris Therapeutic Community

Target/Eligibility: For men who have alcohol and other drug dependencies.

Length: Six months

The TC offers rehabilitative treatment and care for prisoners serving a custodial sentence who have alcohol and other drug dependencies. Solaris incorporates a staged throughcare approach that includes assessment, readiness, treatment, transition and release.

Sober Driver Program

Target/Eligibility: This program is designed for male or female participants who have current or previous drink driving offences. Only offenders sentenced to Periodic Detention are eligible for this program.

Length: Nine-weeks.

The program aims to provide accurate information about alcohol to participants, explain short and long term effects of alcohol on the body, explain the ways in which alcohol affect's one ability to drive safely, develop participants understanding of the effects of drink-driving on oneself and the community, assist participants to develop essential skills and positive attitudes for safe driving and assist drink-drivers to develop and implement strategies and to access additional support to avoid relapse behaviours.

Offender Services

The Offender Services Unit's has responsibility over:
  • Case Management and Classification
  • Vocational Education and Training
  • Library
  • Chaplaincy
  • Community Engagement

Case Management and Classification

Case management plans to address criminal behaviour are developed by Probation and Parole Officers located at the AMC. Each plan is reviewed by the Sentence Planning Group (SPG) comprised of the prisoner, the prisoner's Case Manager, Senior Custodial Officers and the Case Management and Classification Co-ordinator. Others may be invited to attend as appropriate, such as the Indigenous Liaison Officer, employment officer, education staff and the prisoner's family or significant others. The SPG also considers the prisoner's classification and placement within appropriate accommodation at the AMC. Prisoners may be placed in cells or in domestic style cottages in which minimum security prisoners are able to prepare their own meals and are given greater freedom of movement around the centre.

Classification may be reviewed at any time, but not less than 6 monthly. A review may reward compliance with the AMC routine and participation in rehabilitation through lowered classification and movement to preferred accommodation, or increased classification for non compliance or disciplinary matters.

Case management Plans are submitted to the Offender Services Manager for review and all classifications are signed off by the Superintendent.

Vocational Education and Training

Prisoners have regular access to Vocational Education and Training (VET). VET at AMC is contracted to Auswide Projects who offer a range of courses including Language, Literacy and Numeracy; Hospitality; Hairdressing; Horticulture; Asset Maintenance; General Construction and Training and Assessment Adult (TAA). TAA students are engaged to tutor other prisoners in a range of subjects.

Library

The AMC employs a full-time Librarian to encourage prisoner literacy. The AMC library works with the ACT Library and Information Service which provides support to the Librarian and offers a mobile library service to supplement AMC library resources.

Chaplaincy

A full-time Chaplaincy Co-ordinator is located at the AMC to offer pastoral care to prisoners and co-ordinate the delivery of pastoral care from a range of denominations and faiths.

Community Engagement

The Throughcare philosophy of ACT Corrective Services encourages community agency participation in the delivery of services to prisoners at the AMC. Visiting agencies include women's services, legal services, Centrelink, Alcohol and Other Drug Agencies including Alcoholics Anonymous who offer weekly meetings on site to prisoners. ACT Model Ship Builders supports prisoners in learning this craft and the Hepatitis Resource Centre offers regular education sessions to prisoners. Indigenous Elders and support services are also regular visitors along with Kiaros Prison Ministries.

The AMC holds regular Throughcare meetings with stakeholders to continue to encourage participation in prisoner rehabilitation and improve services. In addition, a Throughcare Expo - inviting agencies to set up information stalls to engage and inform prisoners of available services is offered bi-annually.

Managed Accommodation Program

The Managed Accommodation Program (MAP) is part of Community Based Corrections of ACT Corrective Services. The MAP is an integral part of the department's commitment to the Throughcare Model. This aims to establish post release community support networks for offenders and their families, prior to the cessation of involvement by ACT Corrective Services, through a comprehensive reintegration plan.

The MAP provides supervised short-term accommodation to ACT residents who are subject to a supervised Court or Releasing Authority Order. Alcohol and/or drug use will have been identified as a contributing factor to their risk of offending behaviour. The MAP is designed as an environment based on Therapeutic Community Principles.

The MAP will provide ongoing intensive community based support for persons who have completed the Therapeutic Community at the AMC or are able to demonstrate a significant determination to address their alcohol and/or drug use in the community.

Residents must:
  • Be over the age of 18.
  • Be in recovery from alcohol and other drug (AOD) use (people on pharmacotherapies are accepted).
  • Have completed a residential AOD treatment program, or be currently in a community AOD treatment program.
  • Be under the supervision of ACT Corrective Services (Probation or Parole Orders).
  • Be taking active steps towards continuing their recovery.
  • Be able to participate within the MAP guidelines, including a commitment to remaining AOD free (including not using licit substances illicitly).
ACT Corrections has produced a brochure with more details regarding MAP.

Prisoner's Health Services

ACT Corrections Health Program

The Corrections Health Program advocates the provision of health care and medical services conforming with accepted clinical standards and health care practices available in the community, while taking into account the complex health care needs of people in custody. These services are provided to adults, periodic detainees and youths.

All services are delivered working in close co-operation and partnership with ACT Corrective Services and OCYFS to ensure that safety, security and confidentiality of health information of people in custody are not compromised.

The 2010 ACT Inmate Health Survey was the first survey conducted in the ACT prison, the Alexander Maconochie Centre. This survey presents key findings on prisoner demographics, social determinants, lifestyle, health conditions, women's health, access to health services, infectious diseases, mental health and substance dependency.

Adults

Adult Detainees have access to:
  • Nursing-based primary health care (including health screening and comprehensive health assessment within 24 hours of admission, early identification, early intervention, treatment, blood-borne virus/STD screening, immunisation, health education, health promotion, referral and transfer of care and pharmacotherapies - withdrawal management and opioid treatment),
  • Medical Officers (including general health assessment, early identification, early intervention, treatment, health education and health promotion services),
  • After-hours Medical Officer on-call and recall services,
  • Women's Health Service,
Aboriginal Health Services,

Dental Health Services,
  • Specialist and Allied Health Services (including Liver Clinic, Orthopaedic Specialist, General Physician, Dermatologist, Radiographer, Ophthalmologist, Physiotherapist, Dietician and Pathology Services),
  • Forensic Mental Health Services (including mental health risk assessment within 24 hours of admission, ongoing psychological assessment, monitoring and management of remandees presenting with mental health issues, case management of remandees with diagnosed mental health conditions, interventions, referrals and consultations, Court liaison, Court assessment and community outreach service).
  • After hours mental health crisis intervention; and
  • A clinical pharmacy service.
Plans for a Pain Clinic and a Sexual Health Clinic are currently underway.

Periodic Detainees

The Corrections Health Program provides a registered nurse on Friday evenings to screen remandees during the admission process, and on Saturday and Sunday mornings to administer pharmacotherapies and medications.

Youths

The Corrections Health Services provided to Bimberi residents include:
  • General Health Nursing Services,
  • Medical Officer Services
  • Aboriginal Health Services,
  • After hours Medical Officer on-call and recall services, and
  • Sexual Health Services.

Complaint and Oversight Agencies

Complaints

If you wish to complain about an incident in an ACT prison or about other ACT corrections matters, you can fill in a complaint registration form available from ACT Corrections.

ACT Ombudsman

The Australian Capital Territory Ombudsman investigates complaints about the administrative actions of Australian Capital Territory Government agencies.

ACT Human Rights Commission

The ACT Human Rights Commission was established in 2005 to promote and protect the rights and wellbeing of all people living in the Australian Capital Territory.

The Commission is an independent statutory agency established by the Human Rights Commission Act 2005.

There are three separate Commissioners within the Commission, each with different responsibilities and functions:

Official Visitor

Official Visitors are appointed by the Minister in accordance with section 57 of the Corrections Management Act 2007. The role of the Official Visitor is to receive and investigate prisoner complaints and grievances, and inspect correctional centres and places outside correctional centres where prisoners are, or have been directed to work or participate in an activity.

Indigenous Official Visitor

Refer below regarding the functions of the Indigenous Official Visitor.

Thoroughcare and Community Involvement

Throughcare and Community Involvement

From 2010-2011, the ACT Chief Minister and Cabinet Directorate worked with Corrective Services, other concerned directorates and the Community Integration Governance Group to develop a proposal for an extended Throughcare system to ensure continuity of service delivery beyond the corrections setting.

Throughcare

Case management at the Alexander Maconochie Centre (AMC) is based on a model of Throughcare which aims to ensure seamless service provision for prisoners.

Prisoners and their families are characterised by complex needs and high levels of social exclusion. An extended Throughcare model is critical to supporting the successful reintegration of offenders after release from prison, thereby seeking to reduce re-offending. The high and growing social and financial cost of imprisonment makes it imperative to put in place a coordinated support system to reduce re-offending and return to prison.

Community Involvement

Based on the findings in the report, a paper proposing options for the co-ordination and governance of Throughcare was developed for consideration by Cabinet. In December 2011, Cabinet agreed to extend the Throughcare policy framework which supports offenders' reintegration into the community. The framework seeks to recognise the diverse and complex needs of prisoner during transition into the community. The framework will focus on seamless service provision with a view to reducing the risk of re-offending behaviours.

Based on the ACT Government's decision to extend the Throughcare policy framework, Chief Minister and Cabinet Division will meet the key Government and community stakeholders in early 2012 to discuss timeframes and next steps to progress the policy framework.

Women in Prison in the ACT

Female Prisoners

According to a 2009, study conducted by the Australian Institute of Criminology. There were 1,907 women in Australian prisons, with female Indigenous Australians comprising 25% of the female inmate population.

The Women's Centre for Health Matters and ACT Women and Prisons Group released a report in 2009, providing insight into a variety of lived prison experiences and information from ACT women's service providers who regularly support women with lived experience of prison and institutionalisation, and insight into the impact that imprisonment and institutionalisation have had on these women's lives.

Indigenous Prisoners in the ACT

Indigenous Prisoners

The Australian Bureau of Statistics estimates (June 2008) there are approximately 6, 706 indigenous prisoners in the ACT, comprising 24% of the total prisoner population.

Indigenous Official Visitor

Indigenous Official Visitors are appointed by the Minister in accordance with section 57 of the Corrections Management Act 2007. The role of the Indigenous Official Visitor is to receive and investigate complaints and grievances from Indigenous prisoners, and inspect correctional centres and places outside correctional centres where Indigenous prisoners are, or have been directed to work or participate in an activity.

ACT Community Coalition on Corrections http://www.correctionscoalitionact.org.au/

ACT Corrective Services www.cs.act.gov.au

ACT Council on Social Service Inc http://www.actcoss.org.au

ACT Department of Justice and Community Safety www.jcs.act.gov.au

ACT Human Rights Commission http://www.hrc.act.gov.au

ACT Ombudsman http://ombudsman.act.gov.au

ACT Women and Prisons Group http://www.wchm.org.au/WAP

ACT Policing www.afp.gov.au/act.html

ACT Policing Indigenous Community Liaison Officer www.afp.gov.au/act/community/aboriginal_community_liaison_officer.html

Alexander Maconochie Centre www.cs.act.gov.au/home/custodial_operations/about

Arcadia House Withdrawal Centre www.directionsact.com/arcadia

Australian Institute of Criminology Corrections Page www.aic.gov.au/en/criminal_justice_system/corrections.aspx

Bimberi Youth Justice Centre http://www.dhcs.act.gov.au/ocyfs/bimberi

Criminal Justice Division, Commonwealth Attorney-General's Department http://ag.gov.au/www/agd/agd.nsf/Page/Federaloffenders_Federaloffenders

Community Youth Justice www.dhcs.act.gov.au/ocyfs/services/community_youth_justice

Court Assistance and Referral Service (02) 6257 4866

Directions ACT Alcohol and Drug Services www.directionsact.com

Office of Children, Youth and Family Support www.dhcs.act.gov.au/ocyfs

Victims Of Crime Assistance League (VOCAL) http://vocal.canberra.net.au/about.htmlWomen's Centre for Health Matters http://www.wchm.org.au

Corrections Bodies in Other States and Territories

New South Wales Department of Corrective Services www.dcs.nsw.gov.au

Department of Justice Victoria www.justice.vic.gov.au

Queensland Department of Corrective Services www.correctiveservices.qld.gov.au

Western Australia South Australia Department of Justice: Correctional Services www.corrections.sa.gov.au

Department of Justice Tasmania: Corrective Services www.justice.tas.gov.au

Northern Territory Correctional Services www.nt.gov.au/justice