CRIMES (ADMINISTRATION OF SENTENCES) REGULATION 2008

New South Wales Consolidated Regulations

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CRIMES (ADMINISTRATION OF SENTENCES) REGULATION 2008

- Made under the Crimes (Administration of Sentences) Act 1999
- As at 23 May 2012
- Reg 376 of 2008

TABLE OF PROVISIONS

CHAPTER 1 - PRELIMINARY

1. Name of Regulation
2. Commencement
3. Definitions
4. Notes

CHAPTER 2 - FULL-TIME IMPRISONMENT

PART 2.1 - ADMISSION PROCEDURES

Division 1 - Recording and provision of information

5. Information to be recorded in relation to inmates
6. Inmates to be notified of rights and obligations
7. Information for inmates who are nationals of other countries

Division 2 - Surrender of property

8. Surrender of property by inmates
9. Delivery of property by police and other persons
10. How property surrendered on reception to be dealt with
11. Property records

PART 2.2 - CASE MANAGEMENT AND CLASSIFICATION

Division 1 - Case management

12. Case plans to be prepared for all inmates
13. Contents of case plan
14. Departmental officers to prepare recommendations
15. Consideration of recommendations by departmental officers
16. Consideration of certain case plans by Review Council
17. Adoption of case plan by Commissioner
18. General manager’s report as to inmates’ placement
19. Consideration of certain reports by Review Council
20. Decision by Commissioner as to inmates’ placement
21. Linguistic and cultural factors to be considered

Division 2 - Classification and designation of inmates

22. Classification of male inmates
23. Classification of female inmates
24. Escape-risk classifications
25. Designation of high security, extreme high security and extreme high risk restricted inmates
26. Management of high security, extreme high security and extreme high risk restricted inmates
27. Variation of classification and designation of certain inmates
28. High security classification of inmates for purposes of interstate leave permits
29. Information to be considered for classification purposes

PART 2.3 - CORRECTIONAL CENTRE ROUTINE

Division 1 - Separation and accommodation

30. Separation of different classes of inmates
31. Separation of sexes
32. Separation for health reasons
33. Accommodation

Division 2 - Correctional centre routine

34. Hours of work and general routine
35. Restriction on work that civil inmates and unconvicted inmates may be required to perform
36. Inmates to comply with correctional centre routine
37. Inmates not to enter other cells
38. Calls to muster
39. Misuse of bells, hooters, sirens and whistles
40. Avoidance of correctional centre routine
41. Delivery of articles to and from inmates
42. Creation or possession of prohibited goods
43. Searching of inmates
44. Property to be kept in a tidy and orderly manner
45. Books and other material
46. Transfer of property

Division 3 - Food

47. Diet
48. Complaints about correctional centre food
49. Purchase of food by inmates

Division 4 - Health and cleanliness

50. Daily exercise
51. Dental and optical treatment and artificial medical appliances
52. Destruction of unhygienic property
53. Personal cleanliness
54. Wearing of correctional centre clothing
55. Cleanliness of cells and their contents
56. Condoms and dental dams

Division 5 - Inmate services and programs

57. Inmate services and programs
58. Behaviour of inmates participating in services and programs

Division 6 - Spiritual welfare

59. Accreditation of chaplains
60. Privileges of accredited chaplains
61. Responsibilities of accredited chaplains
62. Powers of accredited chaplains
63. Access to inmates
64. Participation of inmates in religious observances
65. Use of chapels
66. Accredited chaplains may advise committees
67. Accredited chaplaincy services generally
68. Exclusion of ministers of religion on grounds of security
69. Inmates’ religious affiliation

PART 2.4 - VISITS AND COMMUNICATIONS

Division 1 - Visits to inmates

70. Visits generally
71. Visiting hours
72. Number of visits
73. Maximum number of visitors
74. Visits by Commissioner and other officials
75. Inmates may refuse visits
76. Inmates confined to cell not entitled to visits
77. Record of visits

Division 2 - Special visits: legal business, foreign nationals, Aboriginal persons

78. Visits to transact legal business
79. Visits to foreign nationals
80. Visits to Aboriginal persons
81. Prior appointment necessary
82. Time, duration and number of visits

Division 3 - Permits to visit correctional centres

83. Permit for visits
84. Cancellation of permits
85. Return of expired or cancelled permits
86. Preliminary requirements for visits
87. Restrictions on holders of visitors’ permits

Division 4 - Control of visits to correctional centres and inmates

88. Application of Division
89. Proof of identity of visitor and purpose of visit may be required
89A. Approval of visitors to extreme high risk restricted inmates
90. Searching of visitors
91. Hindering or obstructing dogs
92. Smoking by visitors in non-smoking areas prohibited
93. Unauthorised use of cameras or recording equipment
94. Delivery of articles to and from visitors
95. Prevention of physical contact with inmates
95A. Visits to extreme high risk restricted inmates to be conducted in English or approved language
96. Visits to be within sight of correctional officer
97. Special arrangements for legal documents
98. Termination of visits

Division 5 - General restrictions on persons who may visit

99. Application of Division
100. General power of general manager or correctional officer to prevent visits
101. Visitors under the influence of alcohol or drugs
102. Commissioner may bar persons from visiting correctional centres
103. Unauthorised persons not to be admitted to correctional centres

Division 6 - Written communications with inmates

104. Correspondence generally
105. Certain articles prohibited
106. Opening of letters and parcels generally
107. Certain correspondence privileged
107A. Certain correspondence not to be sent to exempt bodies and exempt persons
108. Correspondence with Category AA male inmates, Category 5 female inmates and extreme high risk restricted inmates
108A. Additional requirements for correspondence from extreme high risk restricted inmates
108B. Register of correspondence with Category AA male inmates, Category 5 female inmates and extreme high risk restricted inmates
109. Correspondence with legal practitioners

Division 7 - Use of telephones and fax machines by inmates

110. Permission required to make telephone calls or send faxes
111. Cost of telephone calls and faxes
112. Possession of cameras, video or audio recorders
113. Use or possession of mobile phones

Division 8 - General

114. Supply of information concerning offences to police
115. Property brought to correctional centre by other persons
115A. Extreme high risk restricted inmates not to receive money
116. Property brought into correctional centre illegally

PART 2.5 - CORRECTIONAL CENTRE DISCIPLINE

Division 1 - Preliminary

117. Definition of “correctional centre offence”
118. Attempts

Division 2 - Maintenance of order and discipline

119. Maintenance of order and discipline generally
120. Directions relating to order or discipline
121. Use of force in dealing with inmates
122. Use of equipment for restraining inmates
123. Report on use of force

Division 3 - Particular offences

124. Contravention of conditions of leave
125. Concealment for escape
126. Concealment of certain items
127. Possession of offensive weapon or instrument
128. Intimidation
129. Indecency
130. Riots
131. Physical aggression
132. General property offences
133. Hindering or obstructing dogs
134. Causing harm to animal, bird or reptile
135. Correctional centre property offences
136. Tattooing
137. Gambling
138. Alcohol
139. Possession of drugs
140. Administration of drugs
141. Possession of drug implements
142. Self-intoxication
143. Failing prescribed urine tests
144. Smoking
145. Bribery
146. Obstruction

Division 4 - Testing for alcohol or drugs

147. Breath testing
148. Evidence as to presence of alcohol or intoxicating substance
149. Urine sample where drug use suspected
150. Urine sample whether or not drug use suspected
151. Evidence as to use of drugs
152. Supply of test results to Justice Health

Division 5 - Punishments

153. Definition of “withdrawable privilege”
154. Prohibited punishments

PART 2.6 - INMATES’ REQUESTS AND COMPLAINTS

Division 1 - Official Visitors

155. Notice of availability of Official Visitors
156. Complaints and inquiries
157. Reports by Official Visitors

Division 2 - General

158. Requests to general manager
159. Requests to Minister, Commissioner or Official Visitors
160. Complaints to Minister or Commissioner
161. Mischievous complaints

PART 2.7 - RELEASE PROCEDURES

162. Inmates to check personal property and records
163. Pre-release interviews

PART 2.8 - MISCELLANEOUS

164. Preservation of scenes of serious indictable offences and serious incidents
165. Payment for work done by inmates
166. Prohibited work
167. General manager as informant in proceedings before Visiting Magistrates
168. Monthly returns of punishments imposed by general managers or Visiting Magistrates
169. Lodging of appeals to District Court from decision of Visiting Magistrate
170. Applications for leave of absence
171. Establishment of Ethics Committee
172. Functions of Ethics Committee
173. False or misleading information

CHAPTER 3 - INTENSIVE CORRECTION

174. Supervisor for offenders
175. Mandatory conditions for intensive correction orders
176. Additional conditions that may be imposed by sentencing court
177. Information to be recorded in relation to offenders
178. Preparation and adoption of case plans
179-199. (Repealed)

CHAPTER 4 - HOME DETENTION

200. Standard conditions applying to home detention
201. Information to be recorded in relation to home detainees
202. Sanctions for breach of home detention order
203. Preparation and adoption of case plans

CHAPTER 5 - COMPULSORY DRUG TREATMENT DETENTION

204. Regulations relating to parole of offenders serving sentences by way of compulsory drug treatment detention
205. Application of Part 2 to Stages 1 and 2 compulsory drug treatment detention
206. Provision of information relating to offenders
207. Periodic drug testing
208. Random drug testing
209. Evidence as to use of drugs
210. Conditions that may be imposed as part of community supervision orders for Stage 2 and Stage 3 offenders

CHAPTER 6 - COMMUNITY SERVICE WORK

211. Standard conditions applying to community service work
212. Information to be recorded in relation to offenders
213. Hours of work
214. Meal breaks and tea breaks
215. Computation of hours
216. Testing for alcohol and drugs
217. Exemption of offenders from certain directions on grounds of incapacity
218. Transport arrangements
219. Appointment of assigned officers
220. Appointment of community offender services field officers
221. Community offender services field officer to report to assigned officer
222. Application for extension or revocation of order made by court
223. Preparation and adoption of case plans

CHAPTER 7 - PAROLE

224. Standard conditions applying to parole
225. Consultation required before conditions as to residence or treatment imposed on parole
226. Parole orders
227. Parole orders to be explained to offenders
228. Imposition and extension of supervision conditions
229. Supervision conditions generally
230. Variation of conditions so as to require supervision
231. Commissioner to review supervision obligations for offenders serving existing life sentences
232. Revocation of parole orders before release
233. Circumstances constituting manifest injustice
234. Notice of initial intention to refuse release on parole
235. Decision on review of parole refusal
236. Submissions by Commissioner
237. Notices to victims
238. Submissions by the State
239. Instrument requiring attendance
240. Records of proceedings
241. Preparation and adoption of case plans
241A. Norfolk Island parole orders

CHAPTER 8 - REVOCATION BY PAROLE AUTHORITY OF CERTAIN ORDERS

242. Supervision during home detention assessment
243. Withdrawal of consent to operation of home detention order
244. Revocation of order and review of revocation
245. Decision on review of revocation
246. Notice of revocation of order
247. Inquiry into suspected breach of order
248. Arrest warrants
249. Warrants of commitment

CHAPTER 9 - ADMINISTRATION

PART 9.1 - CORRECTIONAL OFFICERS AND DEPARTMENTAL OFFICERS

250. Oath or affirmation of office
251. Compliance with Commissioner’s instructions and general manager’s directions
252. Declaration about associations with inmates
253. Suspected offences by inmates
254. Uniforms
255. Keys and access cards
256. Officers may be searched
257. Visitors
258. Insulting or abusive language
259. Smoking in non-smoking areas of correctional centres prohibited
260. Honesty
261. Vigilance
262. Reporting of misconduct by correctional officers
263. Certain contraventions to be dealt with as misconduct
264. Confidentiality of records

PART 9.2 - CONDUCT OF MEMBERS OF CORRECTIONAL STAFF REGARDING ALCOHOL AND DRUGS

Division 1 - Preliminary

265. Interpretation
266. Appointment of authorised persons
267. Hospitals

Division 2 - Obligations of members of correctional staff

268. Correctional staff’s breath or blood must not have a concentration of alcohol exceeding the 0.02 level
269. Correctional staff must not have prohibited drug present in biological material

Division 3 - Testing of members of correctional staff

270. Testing correctional staff
271. General rules for the provision or taking of certain samples
272. Breath testing and breath analysis of members of correctional staff
273. Restrictions on requiring breath test, breath analysis or non-invasive sample
274. Action to be taken with respect to blood samples
275. Action to be taken with respect to non-invasive samples
276. Analysis of samples

Division 4 - Evidence

277. Certificate evidence of concentration of alcohol in breath or blood determined by breath test or breath analysis
278. Certificate evidence of concentration of alcohol in blood otherwise than in relation to a breath test or breath analysis
279. Certificate evidence of presence of a prohibited drug
280. Certificate evidence of appointment of authorised person

Division 5 - Consequences

281. Refusing to comply with a requirement under Division 5 of Part 11 of the Act
282. Immediate action: staff member relieved from duty
283. Consequences for staff members having prescribed concentration of alcohol in breath or blood
284. Consequences for staff members testing positive at least twice in 3 years
285. Consequences for staff members testing positive for prohibited drugs
286. Consequences for staff members testing positive for a prohibited drug more than once in 3 years
287. Probationary staff members
288. Temporary or casual staff members
289. Double jeopardy
290. Disciplinary action

Division 6 - Offences

291. Interfering with results of test
292. Interfering or tampering with, or destroying, samples

PART 9.3 - JUSTICE HEALTH MATTERS

293. Examination of inmates
294. Inmates risk to self or others
295. Mental illness
296. Inmates’ diet, exercise and treatment
297. Medical records
298. Provision of medical care to inmates confined to cell
299. Infectious diseases
300. Death of inmates

PART 9.4 - USE OF FIREARMS

301. Authority to carry firearms
302. Armed posts
303. Issue of firearms to correctional officers not at armed posts
304. Officers handling firearms to undergo training courses
305. Safety procedures on issue or receipt of firearms
306. Safety procedures on return of firearms
307. Duties of correctional officers generally
308. Maintenance of safe distances
309. Transfer of firearms
310. Use of armed posts
311. Discharge of firearms
312. Authority to discharge firearms
313. Warnings
314. Notice of discharge
315. Use of correctional centre armouries for storage of private firearms

PART 9.5 - BRAVERY AND MERITORIOUS SERVICE AWARDS

316. Awards
317. Cancellation of awards
318. Register of awards
319. Wearing of awards

PART 9.6 - THE REVIEW COUNCIL

320. Additional functions of Review Council
321. Matters to be considered concerning certain serious offenders
321A. Functions of Review Council with respect to extreme high risk restricted inmates
322. Records of proceedings

PART 9.7 - GENERAL

323. Correctional centre records
324. Order of ranking of correctional and other officers
325. Attendance of inmates before courts and court officers
326. Commissioner may exercise other functions
327. Powers of correctional officers
328. Operation of biometric identification system in correctional centres
329. Privacy and security safeguards
330. Non-smoking areas in correctional centres
331. Victims Register
332. Notice to victims about proposed change in security classification
333. Submissions by Commissioner
334. Saving
SCHEDULE 1
SCHEDULE 2
Schedule 3 (Repealed)
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
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