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Legislative Council - Fifty-Second Parliament, First Session (52-1)
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CORRECTIONAL SERVICES (MISCELLANEOUS) AMENDMENT BILL

Second Reading

Second reading.

The Hon. G.E. GAGO (Minister for Regional Development, Minister for Public Sector Management, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises, Minister for Gambling) (18:09): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

The Correctional Services Act dates back to 1982. Since that time it has been regularly amended to reflect changes in Government policy, changes to correctional practice and to address community concerns.

The changes to the Act and Regulations proposed in this Bill are wide ranging and considered necessary to enhance public safety and the safety of staff, and improve the security and effectiveness of operations in prisons and community corrections. There is a particular focus on parole.

The changes proposed will make parolees more accountable for their actions by strengthening processes for offenders who have breached their parole order and are considered to present a high risk to the community. The changes will also improve the sharing of appropriate information between Correctional Services, the Department of Health, the Parole Board, and SAPOL about prisoners and parolees.

All references to 'Manager' in the Act and Regulations replaced with 'Chief Executive'

The Act currently assigns a range of powers to the 'Manager' of a correctional institution. These arrangements are no longer considered appropriate and the reference to 'Manager' has been amended to 'Chief Executive'. This will appropriately place the responsibilities for the administration of correctional institutions and allow the Chief Executive to delegate any power to relevant staff within the prisons, including the Manager.

Extending the criteria under which police may remove a prisoner from correctional facilities

Currently the Act provides for the removal of a prisoner from a correctional facility for the investigation of an offence if that prisoner is suspected of having committed an offence or have been charged with an offence.

The limitations imposed by the current wording exclude the removal of prisoners from custody for a range of investigations including interview as potential witnesses, as anti-corruption whistleblowers or as informants.

The Bill therefore provides an amendment to extend criteria for a prisoner's removal from custody to include for the purposes of assisting in the investigation of offences.

The amendment will further strengthen policies that contribute to improved public protection and will strengthen law enforcement processes.

Transfer the responsibility for the setting and review of prisoner allowances to the Chief Executive of the Department for Correctional Services.

Prisoner allowances and remuneration arrangements are entirely operational considerations and should be separated from Government Policy.

The Bill therefore shifts the responsibility from the Minister for Correctional Services (with approval from the Treasurer) to the Chief Executive.

This is consistent with arrangements in most Australian jurisdictions.

Prevent a discharged prisoner depositing money into a prisoner's account and to establish a Prisoner Amenities Account

Presently, released prisoners can deposit monies into the accounts of other prisoners. Anecdotal evidence suggests that this is often done to pay back outstanding unlawful debts, such as drug dealing or standover or manipulative-type tactics.

To restrict payments for unlawful dealings and protect offenders discharged from prison being manipulated to provide funds to other prisoners, the Bill prevents a discharged person from depositing any money into another prisoner's account for 12 months following release from prison. This will allow the discharged person to retain their own finances, and will assist with their reintegration into the community.

Further provisions are included to formally establish a Prisoner Amenities Account where any surplus derived from prisoner canteen sales and other sources relating to prisoners will be deposited and used for prisoner activities.

Currently such arrangements exist through departmental procedures.

The surplus is used to purchase equipment and other goods for prisoners. Some recent examples are the purchase of table tennis tables, footballs, basketballs and other sports equipment, also guitar strings and picks for prisoners.

Include the Health and Community Services Complaints Commissioner as privileged mail

This amendment was initiated by the Health and Community Services Complaints Commissioner.

Currently the Act provides for certain mail to and from a prisoner to be declared privileged mail and therefore immune from scrutiny by authorised officers of the department.

Currently mail between the following entities are included under the Section:

the Ombudsman; or

a Member of Parliament; or

a Visiting Tribunal; or

an inspector of the correctional institution; or

a legal practitioner.

The Bill appropriately adds the Health and Community Services Complaints Commissioner as an additional listed Agency under the Section to enable prisoners the legislative right to have private and confidential written correspondence with the Office of the Commissioner.

Strengthen the arrangements for visitors to prisoners, in particular for child sex offenders and visitor identification

Currently the Act does not detail the minimum standards for visits other than the frequency of visits for both sentenced and remand prisoners.

Accordingly, a new provision has been included in this section which will formally incorporate non-contact visits into legislation as a minimum standard to ensure the safety and security of the prison. A non-contact visit means the prisoner is behind a glass barrier and no contact can take place between the prisoner and visitor.

This section is further amended to provide for prisoners convicted of child sex offences to not be permitted to be visited by anyone under-aged. It is considered that this amendment will further enhance the protection of under-aged persons if they visit a correctional facility.

In addition, visitors to a correctional facility will be legislatively required to provide such evidence as the Chief Executive thinks appropriate to determine the person's identity.

In response to comments received during the consultation phase, to allow a degree of flexibility and ensure that persons who would have difficulties consistently providing personal identification, the Chief Executive (or delegate) can waiver this requirement in genuine cases.

There is also a provision to prevent a discharged prisoner from visiting other prisoners within 12 months after their discharge. This measure is going to significantly contribute to increased security within the prison system. In the past, discharged prisoners have visited other prisoners who were then caught with contraband introduced into prison.

This will significantly reduce the frequency of such visits being used for inappropriate purposes and protect those discharged from prison being influenced by others to bring contraband into the prisons.

The Chief Executive can approve such visits where a genuine case exists.

Monitoring, recording and use of recordings of prisoner telephone calls

The use of telephones is not currently provided under the Correctional Services Act.

With the emergence of new technologies, all prisoner telephone calls, with the exception of privileged calls (e.g. to the Ombudsman's Office, legal representatives, the Health and Community Services Complaints Commissioner, a Member of Parliament, a Visiting Tribunal, an inspector of the correctional institution and other agencies determined by the Chief Executive) are now monitored and recorded and the recording is available to Correctional Services' staff and SAPOL.

While formal advice has confirmed that the departmental procedure for the recording of calls is legitimate it is considered that consistent with other jurisdictions, these arrangements should be contained in the Act.

The content of prisoner telephone conversations is regularly used for intelligence purposes both in relation to matters involving the correctional facility and in regards to general community safety.

The introduction of illicit drugs (and mobile telephones and weapons) into a prison to carry higher penalties

Currently the introduction of illicit drugs into a prison carries a maximum penalty of two years imprisonment.

The introduction of illicit substances into South Australian prisons is a considerable issue there have been instances of visitors trying to introduce drugs. There are also occurrences where those substances are thrown over the prisons' perimeter fence, in a tennis ball for example.

The Bill provides for an increased maximum penalty to five years imprisonment to deter such offending and bring the maximum penalty in line with community expectation.

In addition, the introduction of other items prescribed by the Regulations will also carry higher penalties than the current maximum of six months imprisonment. It is the intention to specifically prescribe mobile telephones and weapons. This is due to these items having the potential to cause significant issues within the prison system.

As a result, the introduction of these items into a prison will attract a maximum penalty of five years imprisonment. This is again, in keeping with community expectations.

The Bill also repeals the defence in subsection (2) to a charge of an offence of introducing into a correctional institution without the permission of the manager an item prohibited by the regulations if the defendant proves that he or she had reasonable grounds for being in possession of the item and at no time had any intention of parting with possession of it while within the institution.

Prisoners who have their parole order cancelled will be required to serve the remainder of their sentence unless the Parole Board makes a fresh decision to release the prisoner on parole

Currently the Parole Board can automatically cancel parole for a breach of a designated condition of a parole order. In that case the prisoner must serve the remainder of their sentence unless the Parole Board approves renewed parole release.

If a parolee breaches any other condition of their order, the Parole Board may cancel the parole order and may direct that person to serve a further period of imprisonment of up to six months.

The Bill removes the distinction between ‘designated conditions' and non-designated conditions' of parole, to make the breach of any parole condition subject to a Board decision both in relation to parole cancellation and re-release.

The Presiding Member of the Parole Board suggested this change and is entirely supportive.

At times, a parolee's breach of a normal condition of parole might be considered far more serious than breaching a designated condition due to the nature of the breach and the background or offending history of the offender. For example, a parolee drinking alcohol to excess where his/her prior serious offending involved alcohol abuse.

Parolees will serve the remainder of their sentence in cases where the Parole Board has cancelled the parole order.

An analysis of prisoner numbers has determined that some prisoners will serve longer periods in prison following a cancellation of their parole order, but it is considered that the additional prisoners can be absorbed within the projected prisoner growth forecast.

This is a good amendment as it is particularly relevant for prisoners who pose an ongoing risk of reoffending.

Improve pre-release arrangements for prisoners serving life sentences

The Bill provides for the Parole Board to include a condition of parole for life-sentenced prisoners to undertake pre-release and reintegration activities at a facility under the operation of the Department for Correctional Services or an appropriate ‘parole hostel'.

Applications for release to parole require a significant amount of consideration particularly in relation to assessing risk to the community.

The prisoner must have taken adequate steps to address their offending behaviour.

The Parole Board forwards recommendations for life-sentenced prisoners' release to parole to His Excellency, the Governor in Executive Council for consideration.

His Excellency may, on receiving the Board's recommendation, order that the prisoner be released from prison on parole for a specified period or the Governor in Executive Council may refuse the application.

Life sentenced prisoners who are not approved for parole transfer back to secure custody.

The Bill has an extra provision that enables the Parole Board to consider including a condition of the parole release that the prisoner participate in reintegration activities prior to release on parole to the community. The pre-release activities would occur at a facility operated by the Department for Correctional Services such as the Adelaide Pre-release Centre.

This will address any concerns about the increased risk of escape from a less secure environment if prisoners perceive that their parole application is likely to be unsuccessful and the expenditure of valuable resources on pre-release activities when life-sentenced prisoners are ultimately not released to parole and transfer back to secure custody.

The amendment will not change the decision-making for release to parole for life sentenced prisoners. The Parole Board would still make a recommendation to the Governor and the Governor would still maintain the decision for release. The proposed amendment gives the Parole Board the option to include pre-release activities for up to one year at a designated site as a condition of parole. Should the parolee not perform the reintegration activities satisfactorily, it would be deemed a breach of parole and the Board could return the parolee to secure custody.

Electronic monitoring as an optional condition of parole

To strengthen public safety it has been included in the Bill that electronic monitoring be provided as an optional parole condition for the Parole Board to consider including for an offender during a period of parole.

Electronic monitoring is a valuable tool currently used by the Department for Correctional Services for rigorously supervising offenders in the community.

Electronic monitoring is currently used for those prisoners on post-prison Home Detention and Intensive Bail Supervision. Post-prison Home Detention is for those prisoners that satisfy the strict criteria to serve the last part of their period of imprisonment on Home Detention, largely or entirely subject to electronic monitoring as a condition. Intensive Bail Supervision is court ordered Home Detention Bail, of which the vast majority have electronic monitoring as a condition.

Disclosure of offending as an optional condition of parole

There is a need to strengthen the requirement for convicted child sex offenders to disclose the nature of their previous offending to prospective employers.

This is to prevent these offenders using their place of employment to engage in further sexual offending against children who may be associated with the place of employment, such as the employer's children.

To provide that a report requested by the Parole Board about a prisoner or person on parole be prepared by the Chief Executive

Currently the Act provides that the Parole Board is to obtain a report from the supervising community corrections officer when considering discharging a parole order, varying or revoking parole conditions, or considering cancelling release on parole for a breach of parole conditions.

These provisions have been particularly problematic when the offender's supervising community corrections officer has changed and the current community corrections officer is not the most experienced person with that offender. In such a case a report may be better prepared by another departmental person.

The Bill enables the Parole Board to request reports about prisoners or parolees from the Chief Executive. The relevant delegated staff member on behalf of the Chief Executive can then appropriately prepare the report for the Parole Board.

The Chief Executive of the Department being able to issue a warrant for the arrest and imprisonment of a parolee

Currently the Parole Board is notified of a parole breach and a request for a warrant is forwarded to the Board, and the Board then issues a warrant.

This current provision restrict the issuing of the warrant to the Parole Board. This means the issuing of the warrant can be delayed if it is requested on weekends or out of hours. Parole Board members are appointed on a part-time basis and there is no expectation that they work out of hours or on weekends.

The Bill provides the authority to issue a warrant to include the Chief Executive of the Department for Correctional Services.

The CE must then, within two working days, provide the Parole Board with a report on the matter.

The Bill also authorises the person to be detained in custody pending determination. The Presiding Member or Deputy Presiding Member must, within five working days of the person being detained, consider the report and review the warrant.

The Presiding Member or Deputy Presiding Member will have discretion to confirm the warrant and order the person continue to be detained pending appearance before the Parole Board, cancel the warrant and order the person be released from custody or issue a summons for the person to appear before the Board at a later date.

It is not anticipated that the amendment will result in an increase in prisoner numbers; it merely extends the authority to suspend a parole order and issue a warrant to include the Chief Executive.

When parolees are returned to custody on a Parole Board warrant as a consequence of reported breaches of parole, the Board has to consider the necessary action. The provisions in the Bill do not change this process.

Arrest of parolee by a police officer

The provision is not intended to provide SAPOL staff with the authority to arrest a parolee who has committed a technical parole breach on every occasion, but where there is reasonable cause to suspect the parolee has breached their parole order and poses an imminent and serious threat to public safety. In these circumstances, it is important that SAPOL officers have the ability to arrest that parolee.

To allow sufficient time for the warrant to be obtained and all necessary consideration to be given, the Bill provides for a parolee who is arrested under this provision to be detained for up to 12 hours.

Within that 12 hours, the Presiding Member or Deputy Presiding Member of the Parole Board or the Chief Executive of the Department (in the absence of such a Member) must be notified of the person's arrest, review the circumstances of arrest and take clear action. The person may be ordered to be detained pending appearance before the Parole Board, be released from custody or issued a summons to appear before the Board at a later date.

Powers of search and arrest of non-prisoners

The Act currently has provisions for the power of search and arrest of non-prisoners. Currently this is limited to persons and vehicles entering a prison.

To strengthen those provisions, the Bill removes all doubt that the powers of Correctional Officers to search persons and vehicles extends to other areas of the gazetted prison reserve, including visitor car parks. This will allow visitors to be searched prior to entering a prison to further restrict the introduction of contraband.

The Chief Executive of the Department for Correctional Services to release information on prisoners and offenders in certain circumstances

Section 85C of the Act governs the release of information relating to a prisoner or offender and affords penalties for those that breach the Sections of the Act.

Provisions to maintain confidentiality to protect prisoner and offender information are necessary.

There are situations when public interest however may outweigh the prisoner or offender's need for confidentiality. For example, when a prisoner has escaped custody or when a parolee has had a warrant issued for breaching their parole order and releasing information about the offender would assist in the offender's arrest, thereby further protecting the public.

The Bill provides for the Chief Executive of the Department for Correctional Services to release information about a prisoner, probationer or parolee if the person poses a serious risk or threat to public safety.

SAPOL to be supplied with approved residential addresses for persons on parole and the conditions of their parole orders

Currently there is no provision in the Act for South Australian Police to be automatically notified of the approved residential address of offenders on parole and the parole conditions set by the South Australian Parole Board.

In certain cases this has resulted in Police being unaware that a person was subject to parole supervision and the conditions of the parole order. This can potentially result in the Police not being able to effectively contribute to the proper management and supervision of parolees.

For example, a person on parole may have a condition imposed that prohibits them from being on licensed premises. In such a case where Police become aware of a person effectively being in breach of their parole conditions immediate action could be taken to notify Correctional Services and the Parole Board which would then allow for appropriate action to be taken.

It is not intended that a person on parole who may have breached a condition of their parole order would automatically be arrested. However, ensuring that SAPOL has relevant information on persons on parole contributes to increased public safety and better monitoring of the parolee's compliance with the conditions of their orders.

The Bill therefore compels the Board to notify the Commissioner of Police on the place of residence of a parolee and the conditions of the parole order.

Better sharing of information between Health staff and Correctional Services staff about prisoners for the proper management of a prisoner

SA Prison Health Services is under the Department of Health. Processes and procedures to appropriately share information between SA Prison Health Services and the Department for Correctional Services have been significantly strengthened over the past few years.

However, State Coroners have continued to recommend that the Department for Correctional Services and the SA Prison Health Service, in so far as is considered necessary for the proper management of a prisoner, develop protocols and procedures for the sharing of information regarding the medical histories and clinical presentations of individual prisoners in Department for Correctional Services' custody.

It has further been recommended by the Coroner to introduce such legislation to overcome confidentiality considerations in respect of the implementation of such protocols and procedures.

To entirely respond to the recommendations, the Bill requires staff operating under the Health Care Act 2008 and/or the Mental Health Act 2009 to disclose relevant health information with Correctional Services.

As the Chief Executive of the Department for Correctional Services has sole responsibility for the custody of prisoners in this State, the amendment is required to enable the rightful exercise of that responsibility by allowing all relevant information about a prisoner's health to be shared to enable proper management of prisoners.

Issuing of a weapon to specially trained Correctional Officers

Currently the Act is silent on the issuing and use of weapons by Correctional Officers.

In practice a small group of highly trained staff are issued with a firearm which they predominantly carry when they undertake high risk prisoner escorts. The authority is derived from the Summary Offences Act 1953 without any legislative provision or regulation contained in the Correctional Services Act.

The Bill provides for the Chief Executive to authorise an officer or employee of the department to carry a prescribed weapon while on duty.

Correctional Services' dogs

Currently the Act is silent on the use of Correctional Services' dogs.

Passive Alert Detection dogs are used by Correctional Services and whilst their use is widely accepted it remains unlegislated. This could potentially result in persons objecting to being subject to a check by a Passive Alert Detection dog.

At the time the Act was originally passed there were no Correctional Services' dogs in existence. These highly trained dogs are now used more extensively, particularly for drug detection purposes.

Consistent with arrangements in other jurisdictions it is therefore considered necessary to have appropriate legislative provisions in place that provide for the use of these specially trained Correctional Services' dogs.

The Bill provides for the purpose for which a Correctional Services' dog may be used (for example to search for prohibited items, to undertake a scanning search of persons in a Correctional Services' facility, or a visitor for drugs, to search for prisoners or to restrain a prisoner).

Prisoner compensation quarantine funds

The Bill also inserts new Part 7. This Part sets out a scheme for the quarantining of prisoner compensation. The operation of the scheme is as follows: if a prisoner is injured in a correctional institution and he or she receives a compensation payment for damages from the State, the amount of damages awarded to the prisoner is paid by the State to the CE to be held in a prisoner compensation quarantine fund. A victim of a criminal act by the prisoner may, within the specified quarantine period, give notice to the CE of the commencement of legal proceedings for the recovery of damages against the prisoner in respect of the criminal act by the prisoner. If the victim obtains an award of damages in respect of the proceedings, the CE may pay money out of the fund in respect of the award of damages. Provision is also made for creditors to notify the CE of, and be paid out in respect of, any judgment debt against the prisoner

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Correctional Services Act 1982

4—Amendment of section 4—Interpretation

These amendments relate to the definitions under the Act.

5—Amendment of section 5—Victims Register

References to 'the Chief Executive Officer' are substituted with 'CE' throughout the Act.

6—Amendment of section 7—Power of Minister and CE to delegate

7—Amendment of section 9—CE's annual report

8—Amendment of section 22—Assignment of prisoners to particular correctional institutions

9—Amendment of section 23—Initial and periodic assessment of prisoners

10—Amendment of section 24—CE has custody of prisoners

11—Amendment of section 25—Transfer of prisoners

These are consequential amendments.

12—Amendment of section 27—Leave of absence from prison

References to 'member of the police force' are substituted with 'police officer'.

13—Amendment of section 27A—Interstate leave of absence

These amendments are consequential.

14—Amendment of section 28—Removal of prisoner for criminal investigation, attendance in court etc

The amendment to section 28(2) is consequential.

The amendment to section 28(4) extends the circumstances in which the CE must release a prisoner into custody of a police officer to include where the prisoner is suspected of having knowledge or information that might assist in the prevention or investigation of an offence.

15—Amendment of section 29—Work by prisoners

16—Amendment of section 30—Prison education

These are consequential amendments.

17—Amendment of section 31—Prisoner allowances and other money

Some of these amendments are consequential. Another amendment provides that the CE will fix allowances and rates of bonus payments for prisoners, and removes the requirement that the approval of the Treasurer be obtained.

The amendments that insert new subsections (5b) and (5c) provide that a person who has been released from prison may not, without the approval of the CE, within a period of 12 months of the person's release from prison, give money to a prisoner or deposit money in any account kept in the name of a prisoner (and require the CE to make reasonable efforts to return money given in contravention of new subsection (5b) to the person who made the payment).

18—Substitution of section 32

This amendment inserts new sections 32 and 32A.

32—CE may sell items of personal use to prisoners

Proposed section 32 provides that—

the CE may sell any items of personal use or consumption that the CE thinks fit to prisoners;

withdrawals of money from any account held in the name of a prisoner, at the discretion of the CE in accordance with section 31, may be made for the purchase of items for sale under this section;

the CE is authorised in selling items under this section, to set prices that, in the opinion of the CE, reflect the costs associated with selling the items and, if a surplus arises from time to time, to retain the surplus and deposit it in the account established under section 32A.

32A—Prisoner Amenity Account

Proposed section 32 provides that—

the Prisoner Amenity Account is established;

the CE will be responsible for the administration of the account;

the account will consist of any surplus deposited from time to time under section 32(3)(b) and any other money that the CE thinks may be appropriately deposited in the account from time to time;

the CE may apply any money standing to the credit of the account towards the provision of amenities to prisoners.

19—Amendment of section 33—Prisoners' mail

Some of these amendments are consequential. Another amendment provides that a letter sent by a prisoner to the Health and Community Services Complaints Commissioner cannot be opened.

20—Amendment of section 33A—Prisoners' goods

This is a consequential amendment.

21—Amendment of section 34—Prisoners' rights to have visitors

Some of these amendments are consequential. Another amendment applies the following restrictions to a visit to a prisoner (including a remand prisoner):

a person may not visit a prisoner unless the person provides such evidence as the CE thinks appropriate as to the person's identity;

a person who visits a prisoner may see and speak with the prisoner but is not permitted to touch the prisoner, unless the visit is part of a contact visiting program approved by the CE;

a person who has been released from prison may not, without the approval of the CE, within a period of 12 months of the person's release from prison, visit a prisoner;

a person under the age of 18 years may not, without the approval of the CE, visit a prisoner if any part of the imprisonment for which the prisoner was sentenced is in relation to a child sexual offence.

22—Insertion of section 35A

This amendment inserts new section 35A, which provides that the CE may monitor or record a communication between a prisoner and another person and prescribes procedures relating to the monitoring or recording of communications under the section.

23—Amendment of section 36—Power to keep prisoner apart from other prisoners

24—Amendment of section 37—Search of prisoners

25—Amendment of section 37AA—Drug testing of prisoners

26—Amendment of section 37A—Release on home detention

27—Amendment of section 37B—Authorised officers

28—Amendment of section 37C—Revocation of release

29—Amendment of section 38—Release of prisoner from prison or home detention

30—Amendment of section 39A—Delivery of property and money to prisoner on release

31—Amendment of section 39B—Manner in which former prisoner's personal property is to be dealt with

32—Amendment of section 42A—Minor breach of prison regulations

33—Amendment of section 43—CE may deal with breach of prison regulations

34—Amendment of section 44—CE may refer matter to Visiting Tribunal

35—Amendment of section 45—Procedure at inquiry

36—Amendment of section 46—Appeal against penalty imposed by CE

37—Repeal of section 49

38—Amendment of section 50A—Prisoner must comply with conditions to which temporary leave of absence is subject

These amendments are consequential.

39—Amendment of section 51—Offences by persons other than prisoners

One of these amendments is consequential. Another amendment increases the maximum penalty for the offence of delivering to a prisoner, or introducing into a correctional institution, a controlled drug or an item of a kind prescribed by the regulations to imprisonment for 5 years. A further amendment repeals the defence in subsection (2) to a charge of an offence of introducing into a correctional institution without the permission of the manager an item prohibited by the regulations if the defendant proves that he or she had reasonable grounds for being in possession of the item and at no time had any intention of parting with possession of it while within the institution.

40—Amendment of section 66—Automatic release on parole for certain prisoners

This amendment provides that section 66(1), which provides for automatic release on parole for certain prisoners, does not apply to a prisoner if any part of the imprisonment for which the person was sentenced is in respect of an offence committed while the prisoner was on parole (the prisoner having been released on parole following application by the prisoner to the Board).

41—Amendment of section 67—Release on parole by application to Board

These amendments are consequential.

42—Amendment of section 68—Conditions of release on parole

This amendment allows the Governor to make the release on parole of a prisoner serving a sentence of life imprisonment subject to a condition that, for the period of up to 1 year commencing on the day on which the prisoner is released, the prisoner must—

reside at specified premises (including premises declared under the Act to be a probation and parole hostel or a prison); and

undertake at specified places such activities and programs as determined by the Board from time to time to assist in the reintegration of the prisoner into the community.

The amendment also provides that the release on parole of a prisoner may be subject to a condition that the prisoner be monitored by use of an electronic device.

A further amendment provides that the release on parole of a prisoner serving a sentence of imprisonment for a child sexual offence must be subject to a condition requiring the prisoner, on making an application for employment, to provide the prospective employer with a report about the prisoner's criminal history.

43—Amendment of section 71—Variation or revocation of parole conditions

This amendment transfers the responsibility for providing a report to the Board in relation to a person under the supervision of a community corrections officer from the officer to the CE.

44—Amendment of section 72—Discharge from parole of prisoners other than life prisoners

This amendment is consequential.

45—Repeal of section 73

This amendment repeals section 73 to remove the requirement that the Board automatically cancel the parole of a person who breaches a designated condition of his or her release on parole.

46—Amendment of section 74—Cancellation of release on parole by Board for breach of conditions

Some of these amendments are consequential. Another amendment removes the 6 month limit applying to the period for which the Board may direct a person who has breached a condition of his or her parole to serve in prison. A further amendment provides that any period for which a person is detained in custody or in prison after breaching a condition of parole is to be counted as or towards the period that the person is liable to serve in prison under this section (and any date on which the sentence is to be taken to have commenced will be fixed accordingly).

47—Amendment of section 74AA—Board may impose community service for breach of conditions

These amendments are consequential.

48—Amendment of section 75—Automatic cancellation of parole on imprisonment for offence committed while on parole

This amendment provides that any period for which a person is detained in custody or in prison after committing an offence while on parole is to be counted as or towards the period that the person is liable to serve in prison under this section (and any date on which the sentence is to be taken to have commenced will be fixed accordingly).

49—Substitution of section 76

This amendment substitutes section 76 and inserts new sections 76A and 76B.

76—Apprehension etc of parolees on Board warrant

Proposed section 76 is in substitution of existing section 76 which relates to the apprehension of parolees on a warrant of the Board. Proposed subsection (1) provides that the presiding member or deputy presiding member of the Board may, if he or she suspects on reasonable grounds that a person who has been released on parole may have breached a condition of parole, summon a person to attend before the Board or issue a warrant for the arrest of the person (for the purpose of bringing the person before the Board).

Proposed subsection (2) provides a member of the Board (other than the presiding member or deputy presiding member) may, if he or she holds the relevant suspicion, summon a person to attend before the Board or apply to the presiding member or deputy presiding member, or a magistrate, for the issue of a warrant for the arrest of the person.

The remaining subsections provide for procedures relating to warrants.

76A—Apprehension etc of parolees on warrant of CE

Proposed section 76A provides that the CE may, if the CE suspects on reasonable grounds that a person who has been released on parole may have breached a condition of parole, issue a warrant for the arrest of the person. Such a warrant authorises the detention of the person in custody until the end of 5 working days after the CE has provided a report on the matter to the Board (which must be provided within 2 working days of the issuing of a warrant). The presiding member or deputy presiding member of the Board must consider the report and either issue a fresh warrant for the continued detention of the person (for the purpose of bringing the person before the Board) or cancel the warrant and order the release of the person (and the member may issue a summons for the person to appear before the Board).

76B—Arrest of parolee by police officer

Proposed section 76B provides that a police officer may, without warrant, arrest a person who has been released on parole if the police officer suspects on reasonable grounds that—

the person has, while on parole, breached a condition of parole; and

the person presents an imminent and serious risk to public safety.

Proposed subsection (2) sets out procedures relating to the arrest of a person under the section.

50—Amendment of section 77—Proceedings before Board

51—Insertion of Part 7

This amendment inserts new Part 7 which prescribes a scheme for the quarantining of prisoner compensation. If a prisoner is awarded damages for a claim against the State for a civil wrong that occurred while the claimant was a prisoner and that arose out of and in connection with his or her detention in a correctional institution, the State must pay the amount of the award of damages to the CE. The CE holds the amount in a prisoner compensation quarantine fund. A victim of a criminal act by the prisoner may, within the specified quarantine period, give notice to the CE of the commencement of legal proceedings for the recovery of damages against the prisoner in respect of the criminal act by the prisoner. If the victim obtains an award of damages in respect of the proceedings, the CE may pay money out of the fund in respect of the award of damages. Provision is also made for creditors to notify the CE of, and be paid out in respect of, any judgment debt against the prisoner.

52—Amendment of section 82—Unauthorised dealings with prisoners prohibited

53—Amendment of section 83—CE may make rules

54—Substitution of section 84

55—Amendment of section 85—Execution of warrants

56—Amendment of section 85A—Exclusion of persons from correctional institution

These amendments are consequential.

57—Amendment of section 85B—Power of search and arrest of non-prisoners

Some of these amendments are consequential. The amendment inserting new subsection (14) provides that, to avoid doubt, a reference in section 85B to a correctional institution includes a reference to all of the land identified in a proclamation under section 18(1) relating to the institution.

58—Amendment of section 85C—Confidentiality

Subclause (1) amends section 85C to use the term 'disclose' in substitution for 'divulge'. Another amendment allows for disclosure of information if, in the opinion of the CE, it is necessary to disclose the information in order to avert a serious risk to public safety. A further amendment requires the Board, in respect of a prisoner released on parole, to notify the Commissioner of Police of—

the place of residence of the parolee; and

the conditions to which the release on parole is subject.

59—Insertion of section 85CA

This amendment inserts new section 85CA.

85CA—Disclosure of health information

Proposed section 85CA provides that the following persons must disclose to the CE such personal information about a prisoner as is reasonably required for the treatment, care or rehabilitation of the prisoner:

the Chief Executive of the administrative unit of the Public Service that is, under a Minister, responsible for the administration of the Health Care Act 2008;

the Chief Executive of the administrative unit of the Public Service that is, under a Minister, responsible for the administration of the Mental Health Act 2009.

60—Amendment of section 85D—Release of information to registered victims etc

61—Amendment of section 86—Prison officers may use reasonable force in certain cases

These amendments are consequential.

62—Insertion of sections 86A and 86B

This amendment inserts new sections 86A and 86B.

86A—Prison officer may carry prescribed weapon

Proposed section 86A provides that the CE may authorise an officer or employee of the Department to carry a prescribed weapon while on duty for purposes specified by the CE. Subsection (2) requires an officer to comply with any requirements of the CE in relation to the handling, storage and responsible use of the weapon.

86B—Use of correctional services dogs

Proposed section 86B provides that the CE may authorise an officer or employee of the Department to use a correctional services dog at a correctional institution or probation and parole hostel to assist in the maintenance of the good order or security of the institution or hostel. Subsection (2) lists some of the purposes for which a correctional services dog may be used.

63—Amendment of section 88B—Evidentiary provisions

One of these amendments is consequential. The other amendment inserts an evidentiary provision relating to correctional services dogs.

64—Amendment of section 89—Regulations

These amendments are consequential.

Schedule 1—Related amendment and transitional provision

The Schedule provides for a related amendment and a transitional provision for the purposes of the measure.

Debate adjourned on motion of Hon. S.G. Wade.

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