What Corrections Victoria operates a structured escort schedule that facilitates the movement of prisoners between Victorian prisons, police and youth justice centres. A private contractor provides this escort function. Escorting prisoners participating in the Custodial Community Permit Program (CCPP) is the responsibility of prison management or the SESG. Why Prisoners are required to be transported in accordance with their classification. When Prisoners are transported between prisons and other facilities, and to medical and court appointments as required. Who The Escort Coordinator, Sentence Management Branch is responsible for the coordination of all transfers between prisons. SENTENCE MANAGEMENT MANUAL This Commissioner’s Requirement describes the process and key considerations in the administration of prisoner transfers within Victoria. CORRECTIONS VICTORIA - SENTENCE MANAGEMENT BRANCH INTERPRISON AND POLICE/COURT TRANSFERS Prison management is responsible for ensuring prisoners are transferred with the necessary documentation. The SESG is responsible for escorting prisoners on the High Security Escort List and certain Corrections Administration Permits. Page 1 of 14 Date of issue: 4/11/2015 PT 1 INTERPRISON AND POLICE/COURT TRANSFERS PT 1 Contents 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Guiding Principle Transport Responsibilities Transfer Process Proposal for transfer 4.1 Inter-prison Transfers 4.1.1 Requesting the Transport Service 4.2 Court Appearances 4.2.1 Requesting the Transport Service 4.3 Medical Appointments Requests for cancellation of transfers Refusal to Transfer Prison Responsibilities on Transfer Prisoner Property Contract and Additional Services 9.1 Process for requesting Additional Services 9.2 Ad Hoc requests Prisoner Transport Contacts Schedules Schedule PT1.1: Schedule PT1.2: Schedule PT1.3: Schedule PT1.4: Escort Schedule Prisoner Movement Sheet Instrument of Transfer Separation rules for prisoner transport Related Policy and Procedure Corrections Act 1986 (Section 56) Charter of Human Rights and Responsibilities Act 2006 Custodial Community Permit Program Guidelines SMM AC 9 - High Security Escort SMM PT 4 - Mental Health Transfers SMM PT 3 - Youth Justice Transfers SMM PT 6 - Interstate Transfers SMM PT 7 - International Transfer Page 2 of 14 Date of issue: 4/11/2015 INTERPRISON AND POLICE/COURT TRANSFERS 1. PT 1 Guiding Principle Transportation of prisoners must take place in a secure and efficient manner, under conditions appropriate to the prisoner’s security rating. Prisoners must not be transferred without proper approval and authorisation. The transfer of a prisoner is completed upon the prisoner being received at the receiving location, or in the case of a medical appointment or escorted CCPP, the prisoner being returned to the prison. 2. Transport Responsibilities The following table lists the various groups who provide advice to the Prisoner Transport Contractor, and their responsibilities. Prisoner Management Unit (PMU) – Victoria Police Police moves Police custody to police custody Police custody to prisons custody Police custody to juvenile justice custody Police custody to forensic health custody Court moves Prison custody to/from Magistrates Court Prison custody to/from Country County and Supreme Courts Prison custody to/from Children’s Court Juvenile Court moves Juvenile justice custody to/from Courts Forensic Health moves Forensic health to/from courts Inter-prison transfers Forensic health to prison St Augustine’s Ward (secure ward at St Vincent’s hospital) to prison Sentence Calculation and Warrant Administration Unit Prison custody to/from Melbourne Supreme Court Prison custody to/from Melbourne County Court Victorian Prisons Ad hoc prisoner transport requests Modification to scheduled request Prison to forensic health CCPP Advise prisoner transport contractor when prisoners are ready for collection High Court gains Sentence Management Branch Victorian County and Supreme Court This procedure only details the responsibilities of the Sentence Management Branch, Victorian prisons and the Sentence Calculation and Warrant Administration Unit. 3. Transfer Process The reasons why a prisoner is transferring, and the locations involved in that transfer (e.g. prisons, court, hospital) will impact on who coordinates and conducts the escort. As outlined above, the Sentence Management Branch is responsible for coordinating, proposing and finalising all inter-prison escorts provided by the Prisoner Transport Contractor. This includes transferring prisoners between Victorian prisons such as transferring prisoners to their classified location, returning Page 3 of 14 Date of issue: 4/11/2015 INTERPRISON AND POLICE/COURT TRANSFERS PT 1 prisoners from scheduled escorts for reclassification purposes, or facilitating attendance at court or medical appointments. Prison management is responsible for providing advice to Victoria Police and the Prisoner Transport Contractor regarding standard court transfers and transporting prisoners in circumstances that are outside the regular prisoner transport service provided by the Contractor. The latter may include: unexpected transport to courts, tribunals or other hearings (outside of the routine transportation schedule) to enable prisoners to appear at the required time escorts for medical or dental treatment or assessment transfers to Thomas Embling Hospital and the secure ward at St Vincent’s Hospital escorts as part of a Corrections Administration Permit or the Rehabilitation & Transition Permit Program. 4. Proposal for transfer To transfer a prisoner from one prison to another, a proposal must be generated in PIMS. These proposals are generated by the Escort Coordinator, Sentence Management Branch. Prison management is responsible for generating a movement proposal for the transfers that are responsible for (for example, medical or court escorts). Transfers can be initiated in one of the following ways: classification decision receipt of jail order or appropriate legal documentation medical appointment (arranged by medical officers at Port Phillip Prison) Adult Parole Board appointment (notification of meeting and/or psychologist/psychiatrist appointment received from Adult Parole Board) request for extradition deportation order (from police or the Department of Immigration and Multicultural Affairs [DIMA]) Case Management Review Committee decision to approve a Rehabilitation and Transition Permit mental health transfer approval of a Corrections Administration Permit. Prisoners may also be transferred from one prison or unit, to another prison or unit following a decision by the: Commissioner; Deputy Commissioner, Operations Assistant Commissioner, Sentence Management Branch Manager, Major Offenders Unit Manager, Sentence Management Unit Operations a member of the Corrections Victoria Duty Director group. where it is believed that the continued presence of the prisoner is likely to jeopardise the security, good order or management of the prison. 4.1 Inter-prison Transfers The Escort Coordinator, Sentence Management Branch is responsible for reviewing the potential escort list in PIMS to select prisoners suitable for transfer. Page 4 of 14 Date of issue: 4/11/2015 INTERPRISON AND POLICE/COURT TRANSFERS PT 1 Unless exceptional circumstances exist prisoners must have a minimum of 10 days left on their sentence to be transferred to another location. Where a prisoner’s medical appointment is scheduled for some time in advance (i.e. greater than 2 weeks), the prisoner may be transferred to their classified location and then returned for their appointment. Where a prisoner’s court appearance is scheduled for some time in advance (i.e. greater than 2 weeks), the prisoner may be transferred to their classified location and then returned for their court appearance. When selecting a prisoner to transfer to a minimum-security prison, the Escort Coordinator is required to check for any proposed court moves and advise the relevant SMU portfolio holder to review the prisoner’s classification if applicable. Identify any prisoner who has transferred from a minimum security location as a result of concerns regarding their mental health and advise the relevant SMU portfolio holder to review the prisoner’s classification. The Escort Coordinator must fax the proposed escort lists to the Health Providers at Melbourne Assessment Prison, Metropolitan Remand Centre, Port Phillip Prison and Dame Phyllis Frost Centre the morning prior to the scheduled escort. The Health Providers are responsible for reviewing the proposed escort list and advising the Escort Coordinator whether any of the prisoners scheduled to transfer from their location are not suitable for transfer. This involves indentifying those prisoners who are not medically fit to travel or whose medical needs can not be adequately met by the receiving prison. Notification of a scheduled transfer is provided to prison management at least the day prior to the proposed move. 4.1.1 Requesting the Transport service For inter-prison transfers, the Escort Coordinator is responsible for completing the Prisoner Transport Request which and emailing it to the Prisoner Transport Contractor. This provides the instruction to the Prisoner Transport Contractor for scheduling, management and placement of prisoners on vehicles. The Prisoner Transport contractor is responsible for ensuring that every prisoner transfer takes into account all information provided in the Prisoner Transport Request. The Prisoner Transport Request should be provided to the Prisoner Transport Contractor by 3pm, but not later than 6pm the day prior to the scheduled escort. 4.2 Court Appearances Upon receiving a jail order or appropriate legal documentation, prison management and the Sentence Calculation and Warrant Administration Unit are responsible for proposing prisoners movements to attend court. The Escort Coordinator is responsible for monitoring prisoners who are required to return to their intermediate classified location to attend court and ensuring they have transferred at least one day prior to their scheduled court appearance. If a prisoner is required to attend court in Mildura, Portland, Edenhope, Corryong, Hopetoun and Nhill they are required to be returned to their intermediate classified location at least three days prior to their scheduled court appearance. 4.2.1 Requesting the Transport Service Each day, no later than 6pm (on the day prior to the court appearance), prison management and the Sentence Calculation and Warrant Administration Unit are responsible for advising the Prisoner Transport Contractor and Victoria Police which prisoners are required to attend court . This includes completing the Page 5 of 14 Date of issue: 4/11/2015 INTERPRISON AND POLICE/COURT TRANSFERS PT 1 Prisoner Transport Request (Schedule PT1.2) to ensure that the appropriate separation of prisoners is clearly detailed and that the Contractor is made fully aware of the specific risks associated with each prisoner. Prison management is responsible for conducting the escort for prisoners who are required to attend courts, tribunals or other hearings outside routine transportation requirements. This process needs to be completed in line with the CCPP Guidelines. This can include Federal Law Court, Family Law Court or Administrative Appeals Tribunal. 4.3 Medical Appointments Prison management is responsible for proposing and facilitating prisoner movements to attend external medical appointments. This process needs to be completed in line with the CCPP Guidelines. The Prisoner Transfer Contractor can provide transport for patients returning from St Augustine’s (St Vincent’s Hospital), provided that appropriate notice is given. This needs to be coordinated by the Manager, Sentence Management Unit Operations. 5. Requests for cancellation of transfers Requests for removal of a prisoner from an escort list may originate from: Commissioner Deputy Commissioner, Operations Deputy Commissioner, Offender Management Assistant Commissioner, Sentence Management Branch Manager, Major Offenders Unit Manager, Sentence Management Unit Operations Senior Assistant Managers or Assistant Managers, Sentence Management Branch police (further charges, ongoing investigation, security risk) solicitors (request to accommodate them closer for instructions) family members (unable to visit outside metropolitan or country area) prison manager of transferring or receiving location (for example, where placement, management, security or other issues arise) medical staff (may have a forthcoming appointment or not fit to travel). If someone other than Sentence Management, Sentence Calculation and Warrant Administration Unit or medical staff make the request, the person making the request should, discuss the matter with the appropriate Sentence Management Branch portfolio holder who will determine whether the prisoner is required to be reclassified. If cancellation is required they will advise the Escort Coordinator to cancel the proposed transfer and amend PIMS accordingly. 6. Refusal to Transfer If a prisoner refuses to board the escort vehicle, prison managers should ascertain the reason for the refusal and attempt to resolve any concerns. Two common causes for refusals on inter-prison escorts are protection concerns and change of mind about attending a medical appointment. In dealing with refusals arising out of protection concerns prison managers must seek advice from the appropriate Sentence Management Branch portfolio holder who will determine whether the transfer proceeds or whether the prisoner requires to be reclassified. Once a prisoner has transferred to their classified location, they may choose to refuse to return for a medical appointment when it is due. A waiver must be signed by the prisoner to remove them from the Page 6 of 14 Date of issue: 4/11/2015 INTERPRISON AND POLICE/COURT TRANSFERS PT 1 escort. If this occurs the location must notify the Escort Coordinator that the prisoner has chosen not to return for the appointment and that a medical waiver has been signed. On receipt of this information, the Escort Coordinator will cancel the proposed move. Sometimes a prisoner may refuse to attend court. In these instances, prison management is responsible for advising the court of the prisoner’s refusal to attend and seek further instructions from the court. 7. Prison Responsibilities on Interprison Transfers Prior to transfer, prison management must ensure that: the prisoner’s earnings are balanced and transferred to his or her account the prisoner’s private monies are balanced and transferred to his or her account the prisoner’s property is checked, itemised and recorded, and sealed in a property container in the presence of the prisoner. Prison management is responsible for ensuring that all required documentation accompanies the prisoner. These documents include: 8. warrant file property sheet credit note (earnings/private money) Individual Management File (complete with up-to-date file notes) Instrument of Transfer medical file and medication. Prisoner Property The prisoner’s property must be transported with the prisoner wherever possible. Prison management at the receiving location must ensure that property is verified, and the contents, recorded in the presence of the prisoner. In accordance with the Prisoner Transport Services Contract, no more than 20kg of property may be transferred with any prisoner in either bags or a maximum of two plastic containers. For prisoners requiring transport that has excess property (more than 20kg, equivalent to two tubs or bags), excluding valuables and medications, the following process applies: by 4pm, two days before transport, the dispatching prison is required to submit a request to the Prisoner Transport Contractor (via vpcontrol@au.g4s.com) for transportation of excess property o this request needs to outline the prisoner/s name, CRN and any excess baggage to be transported the Contractor will assess whether the all of the excess baggage or part thereof, can be transported the Contractor will contact the receiving prison via email, to seek permission for any excess property to be delivered a reply email will be sent as soon as possible (by 9am on the day of transport), outlining the amount of any excess property that can be transported if not all excess baggage can be transported, then it is the dispatching prisons responsibility to organise what excess property will and will not be transported. 9. Contract and Additional Services Page 7 of 14 Date of issue: 4/11/2015 INTERPRISON AND POLICE/COURT TRANSFERS PT 1 The contract for prisoner transport services is based on an agreed threshold of service. Criteria and payment for additional services is included in the contract. The contracted and additional services are summarised below: Contract and Additional Services Service type Threshold Additional Services billing criteria Weekend service 7 per annum Indexed each contract year by the prisoner count increase % Destination/collection transfers that are additional to the standard weekly escort schedule Long distance ad hoc moves that require a dedicated vehicle and crew Police moves that are required to occur after 17.00 hours Inter-prison service Non-standard service ad hoc moves Other additional services as outlined in Contract clause 6.13 Nil 9.1 Applicable once the annual service threshold has been reached Prisoner Transport Contractor to report weekend services to date in its monthly report Acknowledged at time of the order Prisoner Transport Contractor to report additional services year to date in its monthly report Ad hoc moves that occur inside the standard service mix are not billable Commencing year 2 of the Contact Acknowledged at time of the order Prisoner Transport Contractor to report additional services year to date in its monthly report Acknowledged at time of the order Includes use of wheelchair vehicle Prisoner Transport Contractor to report additional services year to date in its monthly report Process for requesting Additional Services In order for the Prisoner Transport Contractor to provide the necessary resources for additional escorts, it is a contractual requirement that the State provide the Prisoner Transport Contractor with no less two business days notice . Requests for additional services must be provided in writing: no later than close of business Wednesday for weekend services two full business days prior to an additional weekday service. The actual names of the prisoners involved can be presented closer to the escort date, however the booking process should indicate the locations involved and the number of prisoners. A copy of the request is sent. When services are required with less notice, the Prisoner Transport Contractor will perform the service, wherever possible. 9.2 Ad Hoc requests An ad hoc request is a: Page 8 of 14 Date of issue: 4/11/2015 INTERPRISON AND POLICE/COURT TRANSFERS PT 1 Prisoner Transport Requests outside of the agreed schedule. For example, after 6.00pm the day prior or on the morning/day of the request service a change in the content of the Prisoner Transport Request instruction. For example, prisoner requested as mainstream and later required to travel alone All ad hoc changes must be documented. Ad hoc changes are not bound by contracted delivery times, so a change on the day of service is likely to impact on timely delivery of prisoners. Further, the Contractor is not held responsible for the late delivery. 10. Prisoner Transport Contacts Escort Coordinator – Sentence Management Branch Prisoner Transport Contractor Contract Management Branch monitor the Prisoner Transport Inbox on a daily basis and respond to all complaints or queries regarding the Service. &P Page 9 of 14 Date of issue: 4/11/2015 INTERPRISON AND POLICE/COURT TRANSFERS PT 1 o Schedules The following Schedules are attached: Schedule PT1.1: Escort Schedule Schedule PT1.2: Prisoner Movement Sheet Schedule PT1.3: Instrument of Transfer Schedule PT1.4: Separation rules for prisoner transport Page 10 of 14 Date of issue: 4/11/2015 INTERPRISON AND POLICE/COURT TRANSFERS PT 1 Schedule PT1.1 Escort Schedule The table below outlines the regional escort schedule for inter-prisoner transfers. The schedule is subject to change by agreement. Page 11 of 14 Date of issue: 4/11/2015 INTERPRISON AND POLICE/COURT TRANSFERS PT 1 Schedule PT1.2 Prisoner Movement Sheet LOCATION: CRN JAID SURNAME DATE: DAILY REMANDS/MAGISTRATES’ COURT NAME CURRENT UNIT PROFILE (mainstream, protection, management) CRN SURNAME NAME SUPREME COURT CURRENT UNIT CRN SURNAME NAME COUNTY COURT CURRENT UNIT CRN SURNAME CRN SURNAME Page 12 of 14 E*Justice RISKS DESTINATION PROFILE (mainstream, protection, management) E*Justice RISKS DESTINATION PROFILE (mainstream, protection, management) E*Justice RISKS DESTINATION E*Justice RISKS DESTINATION E*Justice RISKS DESTINATION INTER PRISON TRANSFERS NAME CURRENT UNIT PROFILE (mainstream, protection, management) NAME TELECOURT CURRENT UNIT PROFILE (mainstream, protection, management) Date of issue: 4/11/2015 INTERPRISON AND POLICE/COURT TRANSFERS PT 1 Schedule PT1.3 INSTRUMENT OF TRANSFER SECTION 56, 56AA, 56AB CORRECTIONS ACT 1986 TO THE OFFICER IN CHARGE AND WHOMEVER ELSE IT MAY CONCERN: This warrant authorises the removal of the prisoner(s) listed below from: ....................................................................to................................................................. (insert name of transferring prison) CRN (insert name of receiving prison) Name of Prisoner(s) Reason for Transfer for the purposes listed until removed by lawful authority or returned as authorised to the transferring prison/institution. AUTHORISATION: Name and position of authorising officer: ............................................................................................... Signed: .......................................................... Dated:........................................... (AUTHORISING OFFICER) Page 13 of 14 Date of issue: 4/11/2015 INTERPRISON AND POLICE/COURT TRANSFERS PT 1 Schedule PT1.4 Separation rules for Prisoner Transport prisoners classified as separation, protection or ‘must travel alone’ (MTA) must not travel in the same compartment as, or have any opportunity for physical contact with mainstream prisoners prisoner types cannot mix prisoners marked as MTA must travel alone all forensic health prisoners will travel alone unless otherwise noted protection prisoner travelling to/from court may mix if they are from the same prison unit prisoner mixing instruction based on unit names relates to MRC, PPP, MAP and DPFC court movements inter-prison transfers are to be processed as per the Prisoner Transport Request and further separation is not required based on prison unit name separation requirements for youths are detailed in attachment 7 of the Service Specifications. Exceptions to the above business rules permission may be provided intraday by Prisoner Management Unit (PMU) or SMU that overrides an original instruction. In these cases the Prisoner Transport Contractor must complete an incident report in the category ‘Failure to segregate Prisoners’ providing details as to why the original instruction was not actioned young offenders travelling from an adult prison will be treated as per the adult prison regime. For example, mainstream can travel together, protections are separated by unit name and MTA must travel alone. P Page 14 of 14 Date of issue: 4/11/2015