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Going to prison Chapter 2

Goingto - NSW Department of Justice...release,underconditionsifnecessary. Therearethreekindsofforensic patients.(Agovernmentreviewis currentlybeingconducted,sotheremay bechangestothesearrangements.)

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Page 1: Goingto - NSW Department of Justice...release,underconditionsifnecessary. Therearethreekindsofforensic patients.(Agovernmentreviewis currentlybeingconducted,sotheremay bechangestothesearrangements.)

Going toprisonC

hapter2

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The Families Handbook

How to locate your friendor family member in acorrectional centreTo find out where someone is in thecorrective services system, contactSentence Administration on 8346 1310(9am–5pmMon–Fri). After hours(7 days until 10pm) 9289 5258.

You’ll need their date of birth or theirMIN, a six-digit identification numberthat’s given when someone entersthe correctional system in NSW for thefirst time. It will be their identificationnumber any time they’re in acorrectional centre. Families shouldobtain this number from the personin the correctional centre as soon aspossible, and write it somewhere safe.

How long will they beincarcerated?When the court sentences an offenderto be imprisoned for more than 36months, there may be a minimum(non-parole) prison term set, followedby a period of time which may bespent in the community on parole.Prisoners can’t receive time off theirsentence for good behaviour duringthis period, so you should expect thatthey’ll serve the full amount of theirminimum sentence.

Reception at the correctionalcentreThere are reception centres around thestate, but most people will go to theMRRC (Metropolitan Remand &Reception Centre) at Silverwater formen or SilverwaterWomen’sCorrectional Centre (formerly knownas Mulawa) for women.

All prisoners go through a receptionprocess. This includes:

� Handing in personal property tobe stored while they’re in custody

� A strip search

� A shower, and provision ofcorrectional centre clothing,bedding and basic toiletries

� Health assessment by a qualifiedJustice Health nurse. This coversphysical andmental healthissues, any current prescriptionmedication, and history of drugand alcohol use

� Assessment of immediate risk ofself-harm or suicide. If immediateconcerns are identified, theprisoner will be closely watched.

See p.163 for more information aboutspecialist services for prisoners whomay have health issues or needadditional assistance.

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Prisoner orientationWhile prisoners are waiting duringreception, they may see a video thatexplains the reception process andgives them information about prisonlife and services. They’ll find out aboutphone access and visiting, and be giveninformation about looking after theirhealth and safety.

They may be introduced to an inmatedelegate. Delegates are prisoners whoare familiar with the prison system andcan help other prisoners to cope.

They can refer prisoners to servicesand/or programs, explain thecorrectional system, and provide supportto vulnerable prisoners. There areAboriginal delegates, and delegates fromdifferent cultural and religious groups.

Prison activities

ProgramsCorrectional centres provide variousprograms to help address issues whichmay have led to prisoners beingincarcerated. These include:

� Alcohol and other drugs programs

� Violence prevention programs

� Sex offenders programs

� Young offenders programs.

Self-help groups like AA (AlcoholicsAnonymous) or NA (NarcoticsAnonymous) are offered in somecorrectional centres.

Participation in programs can helpprisoners move faster through thesystem and can help when they applyfor parole (see p.142). To participate inprograms, prisoners should talk to theManager Offender Services andPrograms (MOSP) or case managementteam. Programsmay only be availableat certain prisons andmay be in highdemand. Prisoners may need to waituntil vacancies become available.

EmploymentRemand prisoners can ask to beemployed. Sentenced prisoners areexpected to work. They may beemployed directly in providing prisonservices (e.g. being a sweeper (cleaner)or working in food preparation) or maywork on commercial projects for CSI(Corrective Services Industries). CSIservices include laundry, foodpreparation, light engineering,farming, telemarketing, printing andpackaging. See www.csi.nsw.gov.au formore information on CSI.

Prisoners will be paid for their work butat a lower rate than in the community.Wages will be paid into their prisonaccount to purchase items through the‘buy up’ system (see p.63 for details ofbuy up).

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EducationA range of education options isavailable in correctional centres.Prisoners can find out about coursesthrough education staff or throughcase management meetings.

AEVTI (Adult Education and VocationalTraining Institute) provides coursesfocusing on reading, writing andnumber skills up to Year 10 standard,and work skills training, to helpprisoners find work when they leavethe correctional centre. AEVTIcertificates are recognised aroundAustralia. Courses include:

� General education

� Communication

� Information technology

� Koori education

� Visual art.

TAFE courses are also offered to prisonersin some correctional centres. Prisonerscan complete courses in the communityonce they’re released if they don’t finishwhile in the correctional centre.

Courses may include:

� Aboriginal arts and culturalpractice

� Food skills

� Business skills

� Horticulture

� Trade skills

� Information technology.

RecreationPrisoners will spend quite a lot oftime locked up in their cells. They maywatch TV or read. Most correctionalcentres have libraries, or prisoners mayhave books in their unit. Newspapersmay be available, or may be orderedthrough the buy up system. Youmayable to send in newspapers ormagazines. You won’t be able to sendbooks, as these are too time-consumingto check, and you aren't allowed tosend in pornographic magazines.

Outside their cells, prisoners may beable to play sports like football orbasketball or use a gym.

ReligionPrisoners can practise the religion oftheir choice while in prison.

Chaplaincy services are provided bymajor Christian denominations andrepresentatives from the Muslim,Buddhist and Jewish communities.Prisoners can access a chaplain bycontacting theWelfare Officer, Service& Program Officer or other staff person.If you wish to speak to a chaplain, callthe prison and ask what days thechaplain of your faith visits the prisonand how you can get in contact withhim or her.

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FoodPrisoners are provided with three mealsa day. The food is prepared by prisonersunder supervision. Special diets can beprovided for religious (e.g. Muslim orJewish) or health reasons (e.g. diabetic).Meals will usually be eaten inprisoners’ cells, although some unitsmay have dining tables if prisonersaren’t locked in.

Prisoners may be able to purchaselollies, cake mixes, noodles, sauces,tinned food and rice through the buyup system. They may also be able tobuy a sandwich maker or rice cookerfor use in their cell. (See p.63 for moredetails about buy up.)

Coping in prisonIn the correctional centre, new inmateswill need to cope with:

� Loss of personal freedom

� Separation from people they love

� Fear and uncertainty aboutprison life.

The early days and weeks can be thehardest. Many prisoners feel depressed,anxious and fearful during this time.

Correctional centres can be toughplaces, and, while the levels of violencehave decreased in recent years, bullyingstill does occur. Many prisoners feelthat showing sadness, fear or distressmay make them appear ‘weak’. Some

prisoners try to act ‘tough’ so theywon’t be seen as vulnerable. Otherstry to stay safe by withdrawing andkeeping a low profile. Youmay noticechanges in your family member asthey develop strategies for coping inthe correctional centre.

Some prisoners will even cut offcontact with families outside becausethey find it hard to open up to familyfor visits and phone calls then closedown during day-to-day life in thecorrectional centre.

However, prisoners with strong familyties generally do better when they’rereleased. If you’re finding that yourfamily member seems emotionallywithdrawn, or is not making contactas often as you’d like, it may help tounderstand why this may be occurring.Don’t assume that this behaviourmeans that the person doesn’t loveyou or care about you anymore. Ifyou’re concerned about the emotionalwellbeing of your loved one, pleasecontact the correctional centre and askto talk to theWelfare Officer, Service &Program Officer, other staff person orGeneral Manager, so that support canbe provided to your family member.

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Classification of prisoners(classo)Classification is the process of determ-ining the level of security for the prisoner.They’ll be placed in a correctional centrewhich serves that classification.Decisions about classification are basedon sentence length, on the prisoner’sprogram and support needs, and onvacancies in different centres. Prisonerscan ask for the location of their family tobe taken into account. This doesn’tguarantee prisonerswill be able to beclose to family.

For most prisoners, classification andplacement recommendations are madeby the Case Management Team (CMT)that meets with the prisoner afterthey’re sentenced and then every 12months. The final decision is made bythe Corrective Services CaseManagement Committee.

For serious offenders (who have asentence for life, or 12 years or more),decisions about classification aremonitored by the Serious OffendersReview Council (SORC), and theCorrective Services Commissionerhas the final say.

Male prisoner classo levelsA1 and A2 –maximum security, whereprisoners are always within securephysical barriers, e.g. walls, towers,electronic surveillance

B – medium security; there are physicalbarriers, but lower walls and lesssecurity thanmaximum. Prisoners mayhave longer visits

C – minimum security:

� C1 – prisoners confined unlesswith an officer

� C2 – can do community projectsunder supervision

� C3 – can go into the communitywithout supervision on day orweekend leave, education leave orwork release.

Prisoners who have escaped from acorrectional centre will be given an ‘E1’classification in maximum or an ‘E2’ inmedium security correctional centres.They can apply to the Escape ReviewCommittee to have this changed to a‘C’ classification.

Serious offenderswill probably start offwith an A1 or A2 classification, and it willtake a long time for them to come downto a B. Prisonerswith short sentenceswon’t get work release or day release.

If you have questions aboutclassification, talk to the ManagerOffender Services and Programs (MOSP)at your family member’s correctional

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centre. You could also contact theInmate Classification and CaseManagement Branch at CorrectiveServices NSW on 9289 5035.

Women prisoner classo levelsCategory 4 – continuous supervisionwithin walls

Category 3 – behind a physical barrierunless supervised

Category 2 – may not be behind abarrier but will be supervised. Can docommunity projects under supervision

Category 1 – can go into thecommunity without supervision on dayor weekend leave, education leave orwork release.

Prisoners who have escaped from acorrectional centre will be given an ‘E’classification. They can apply to theEscape Review Committee to have thischanged.

Serious offenders will probably startwith a category 4, while others willenter as a category 3 or 2.

Transfer of prisonersPrisoners can be transferred at anytime. Theymay not get much noticewhen this happens. Prisoners areresponsible for telling family membersthat they’ve been transferred – youwon’t hear from the correctional centre.Always check with the correctionalcentre before visiting so you can besure your family member is still there.

You can expect that prisonersmay betransferred after they’ve been sentenced,orwhen their classification changes.Theymay also be transferred to access servicessuch as health or specialist programs.Sometimes youmay not knowwhysomeone has been transferred.

See p.20 for information on how to finda prisoner if they’ve been transferred.

ProtectionIf there are concerns that a prisoner isat risk of harm from other inmates,they can be placed on protection (alsocalled ‘limited association’). Protectionmeans being placed in a special sectionof the correctional centre, or being sentto a correctional centre where everyoneis on protection. Protection orders arereviewed after 14 days, then after threemonths and six months.

Prisoners can ask to be placed onprotection, or the General Managermay place them on protection because

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of information received from inside oroutside the correctional centre.

Although protection may offerprisoners a safer environment, thedecision to go on protection should notbe taken lightly. Issues with protectionmay include:

� Many correctional centres providingprotection are in country areas,whichmaymean the prisoner ismore likely to be away from family.

� Going on protection maymake itharder to access education or otherprograms.

� Other prisoners can have negativeattitudes to prisoners who havebeen on protection. This canmakeit very difficult to go back into themainstream after being onprotection.

Segregation (segro)Segregation is isolation for prisonerswho pose an extreme risk to otherprisoners or staff of the correctionalcentre. The decision about segregationis made by correctional centre staff,and prisoners don’t have a choice.

I’mworried about sexual andphysical assault and bullyingAlthough violence and sexual assaultdo occur in correctional centres fromtime to time, this happens much lessoften than people think. Prisonerswho keep a low profile and don’t getinvolved in ‘prison politics’ can usuallyavoid trouble. If you have reason tobelieve that your family member isgetting bullied (‘stood over’) in prison,you should tell a correctional centrestaff member immediately.Correctional centre staff will needsome information before they can takeaction. Useful information can rangefrom being told about an incident tosimply noticing a change in your familymember’s behaviour that has madeyou feel worried.

Your family member may have toldyou not to tell correctional centrestaff about their situation becausethey fear that talking to authoritiesabout another prisoner will maketheir situation worse. In suchsituations you may also feel it’s bestnot to do anything. You could considerinforming the correctional centreanonymously by phone call or letter.

If you aren’t sure what to do, contactCRC (Community Restorative Centre)on 9288 8700. For more informationabout CRC see p.5.

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I’m concerned about self-harmSometimes people intentionally hurtthemselves, e.g. by cutting themselves.This is a sign of distress, and they needsupport and understanding. Peoplewho self-harmmay not be suicidal.They may be using self-harm as a wayof expressing feelings that they can’tdeal with in other ways.

What signs indicate that someonemight be at risk?

Your family member might seemunusually quiet and withdrawn, or justnot interested in things. They may looklike they’ve stopped taking care ofthemselves. They may express a loss ofhope for the future or a loss ofmeaning in their life. They may havetold you that they’re scared for theirpersonal safety, or that they’re feelingintense despair and that things are outof their control. In some cases, asuicidal personmay drop ‘hints’ abouttheir intentions, for example sayingsomething like ‘You won’t have toworry about memuch longer anyway’.

Whomay be particularly vulnerable?

Several risk factors for suicide and self-harm have been identified. Prisoners athigher risk include those:

� who are ‘first timers’ or on remand

� who have suffered a recent deathof a friend or family member

� who have recently experienced abroken relationship

� without family or friends to visitand care about them

� with a history of depression orother psychological disturbances

� with a history of self-harm or pastsuicide attempts

� with a history of substance misuse.

Responses that are helpful

� Ask your family member directlywhether they want to self-harm orcommit suicide. Contrary topopular belief, this question won’t‘put the idea in their head’. It oftenallows people to express somethingthat they’ve kept bottled up for fearof worrying people.

� Let them know you’re there forthem to talk to if they need to.

� Accept and acknowledge that yourfamily member is in pain, withoutjudging them.

� Support and encourage them toget psychological help.

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� Be available to them, but also setreasonable limits about how oftenyou can visit them in prison, sendletters or speak on the phone.

� Make it clear from your behaviourthat they don’t need to self-harm inorder to receive love and caringfrom you. Be consistent with caringgestures, even if they’re not alwaysreturned. Don’t withdraw your lovefrom your family member.

Responses that are not helpful

� Shouting at your family member.

� Calling their behaviour ‘attentionseeking’.

� Blaming them or someone theycare about.

� Pleading with them to try and stopit, or using emotional blackmailsuch as ‘If you loved me youwouldn’t do this’.

� Telling them to ‘pull yourselftogether’, ‘toughen up’ or ‘getover it’.

Look after yourself

� Look for information about self-harm behaviour and suicide.If you have internet access trywww.reachout.com.au orwww.livingisforeveryone.com.au.

� Be honest with yourself about howself-harmmakes you feel. Don’tpretend to yourself that it’s okay if

it’s not. Many people find self-harmfrightening.

� If you need help dealing with yourfeelings, talk to a counsellor, socialworker or psychologist. (See‘Getting support’ on p.136.)

What should I do?

If you have concerns about your familymember in a correctional centre:

� Report your concerns to staff in thevisitors centre before you leave thecorrectional centre, or

� Ring the prison and speak to aServices and Programs Officer,Welfare Officer or other staffmember (see inside back coverfor prison phone numbers), or

� Ring the Justice Health 24 hourTelephone Counselling Service on1800 222 472. This counsellingservice is for inmates, theirrelatives and friends as well asCorrective Services officers whomay be concerned about thewelfare of a person in acorrectional centre. The line isstaffed by trained mental healthnurses who address the concernsraised by the caller and feed backinformation about the outcome.The counsellor can also helpfamilies with referrals tocommunity services.

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I’m concerned that myfamily member may needpsychiatric helpAll prisoners are assessed on reception.Mental health screening units operatefor men and women at Silverwater sothat inmates with mental health issueswho are identified during reception canbe assessed and stabilised.

Inpatient mental health services areprovided for male and female prisonerswith acute psychiatric problems at theForensic Hospital, located outside theperimeter of the Long Bay CorrectionalComplex. The hospital is operated byJustice Health (funded by NSWHealth).Justice Health employs psychiatristsandmental health nurses. Somepsychiatric services for regional areasare provided through video link (calledTelehealth).

Psychologists employed by CorrectiveServices NSWprovide treatment servicesin conjunctionwith health staff. Manyprisoners havemental health issues, andservices prioritise those prisoners withthemost urgent needs.

If you’re concerned that your familymember has an untreated mentalillness, talk to staff at the correctionalcentre or phone Justice Health on1800 222 472.

Need help?Note that 1800 numbers arefree for calls from a landline butmay only be available in certainlocations, e.g. outside Sydney.Somemay charge for calls frommobile phones, so check this ifyou need to call from amobile.Check with your local library forfree internet access.

Justice Health 24 HourTelephone CounsellingServiceStaffed by mental health nursesfor prisoners, their families andcorrectional centre staff.

1800 222 472

LifelineFree and confidential counselling,24 hours.

13 11 14

Mental Health InformationServiceDetails of mental health servicesin NSW, information aboutmental health, and details ofsupport groups.

1300 794 991

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My family member has anintellectual disabilityPrisoners with disabilities will generallybe identified during the receptionprocess. Althoughmany prisonerswith disabilities are able to beaccommodated in mainstreamcorrectional centres, there are twounits which are just for prisoners withintellectual disabilities, one at LongBay (Malabar) and one at Goulburn.

Corrective Services NSW has aStatewide Disability Services Unit(Ph: 9289 2136 or 9289 2091). Stafffrom the unit are involved in casemanagement and pre-release planningfor prisoners with disabilities whereneeded. Some people won’t needadditional support because they’realready linked with services.

Generally, if families are concernedabout a family member with adisability, the best starting point is totalk with aWelfare Officer, Service &ProgramOfficer or other OS&P staff atthe correctional centre. However, iffamilies remain concerned, they cancontact Statewide Disability Servicesand discuss their family member’sneeds with staff there. If you havecopies of reports about your familymember’s disability, these can be veryhelpful in assessment and planning,and you can forward them to StatewideDisability Services (Fax: 9289 2134).

Statewide Disability Services can beinvolved with prisoners with a widerange of disabilities, including peopleacross the range up to borderlineintellectual disability, people withacquired brain injury, and people withfunctional difficulties whomay nothave a clear diagnosis.Where prisonershave mental health issues, these aremanaged by staff from Justice Health.If a prisoner has a dual diagnosis thatincludes a physical or intellectualdisability, Statewide Disability Serviceswill address the disability issues.

The families of those with disabilitiesmay already have experienced manychallenges, including isolation and lackof support. Coping with their familymember’s imprisonment may feel likethe last straw. It may be helpful toknow that people with a wide range ofdisabilities have been accommodatedin correctional centres, includingpeople with Down syndrome, Aspergerand other autism spectrum disorders,fragile X and cerebral palsy.

Being questioned by police orappearing in court can be very difficultfor people with an intellectualdisability. The Intellectual DisabilityRights Service provides legal caseworkand advice for people with intellectualdisabilities. They have access toprisoners in correctional centres, andcan assist people who are being

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interviewed by the police. They can alsogive advice about guardianship, willsand care and protection matters wherea parent has an intellectual disability.They have a volunteer network, the

Criminal Justice Support Network,through which trained volunteerscan assist people with intellectualdisabilities who are being interviewedby police.

Need help?Note that 1800 numbers are free for calls from a landline but may only beavailable in certain locations, e.g. outside Sydney. Somemay charge for callsfrommobile phones, so check this if you need to call from amobile. Checkwith your local library for free internet access.

NSW Council for IntellectualDisabilityProvides information and referralon a range of issues, including wherepeople with intellectual disabilityare involved in the criminal justicesystem.

9211 1611

1800 424 065

www.nswcid.org.au

Statewide Disability Services(Corrective Services NSW)Case management and pre-releaseplanning for prisoners withdisabilities; contact them if youhave spoken to an Offender Service& Program Officer at your familymember’s correctional centre butare still concerned about yourfamily member with a disability.

Ph: 9289 2136 or 9289 2091

Fax: 9289 2134

Intellectual Disability RightsServiceA Community Legal Centre workingwith people with intellectualdisabilities.

9318 0144

1800 666 611

Criminal Justice SupportNetwork (24-hour Helpline)1300 665 908

www.idrs.org.au

Multicultural DisabilityAdvocacy AssociationProvides advice, information andreferrals for people from culturallyand linguistically diverse backgroundswith a disability and for their familiesand carers.

9891 6400

1800 629 072

www.mdaa.org.au

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My family member is aforensic patientA forensic patient (sometimes called aforensic prisoner) has been chargedwitha crime but is dealt with differentlybecause they have amental illness.

Some forensic patients are detained inprison and some in psychiatric hospitals.TheMental Health ReviewTribunalreviews all forensic patients at least everysixmonths andmakes recommendat-ions to theMinister of Health regardingdetention, treatment, transfer andrelease, under conditions if necessary.

There are three kinds of forensicpatients. (A government review iscurrently being conducted, so there maybe changes to these arrangements.)

� Unfit to be TriedIf a court finds a person unfit to betried, the Mental Health ReviewTribunal decides if they’ll be fit inthe next 12 months. If they can’t betried in that time, they may appearbefore a special hearing which canreturn a qualified finding of guiltand decide how long the personwill be detained.

My family member istransgenderCorrective Services NSW has writtenguidelines for the management oftransgender inmates. If a prisoneradvises Corrective Services staffthat they’re transgender and DCSidentifies them as such, they canchoose to go to a correctional centreof their gender of identification ortheir biological gender.

Wherever they choose to be housed,they have the right to dress in clothingand buy personal care items of theirgender of identification. CorrectiveServices policy directs that staffshould refer to them by the nameappropriate to their gender ofidentification. Hormone therapy isgenerally only available to transgenderprisoners whowere receiving thistreatment prior to incarceration.

A prisoner canmake application to beidentified as transgender at any timein their sentence. They can accessservices from transgender supportgroups and specialist legal services.

Need help?

The Gender CentreInformation and outreach supportfor people with gender issues.

9569 2366

www.gendercentre.org.au

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� Transferees and Detained Personson RemandA prisoner serving a sentence,or a person on remand, maybe transferred to a hospital ifinvoluntary treatment for amental illness becomes necessary.

� Not Guilty by Reason ofMental IllnessAt a trial or special hearing, thecourt may find a person not guiltyby reason of mental illness andrefer the matter to the MentalHealth Review Tribunal. The personmust then be detained in ahospital or prison until releasedin accordance with a Tribunalrecommendation.

Forensic patients are not eligible forparole, home detention or work release.After completing detention they maybe transferred to a secure hospitalward, or placed on communitytreatment orders.

Having a family member who is aforensic patient brings extra stresses.Some people may believe that theforensic patient has avoidedpunishment if they haven’t been triedin the usual way. Victims or theirsupporters may feel unhappy that theyhaven’t had their story heard by acourt. Their reactions may make thingsmore difficult for the family, especiallyif there has beenmedia coverage, or

strong reaction in a local community.Sometimes people within the familymay be victims too..

A Forensic Patient Victims Register iskept by Justice Health. Victims can benotified of forthcoming Tribunalhearings and their outcomes, and canmake submissions to those hearings.

Families may find it unsettling thattheir family member’s circumstancesare being reviewed regularly, sothat the possibility of the forensicpatient returning to a mainstreamcorrectional centre or being releasedis always on the agenda. See p.34 foragencies that can offer support tofamilies facing such issues.

Forensic patients are entitled torepresentation from a solicitor whenappearing before the Mental HealthReview Tribunal.

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Need help?Note that 1800 numbers are free forcalls from a landline but may onlybe available in certain locations, e.g.outside Sydney. Somemay charge forcalls frommobile phones, so checkthis if you need to call from amobile.Check with your local library for freeinternet access.

Forensic Patient VictimsRegisterInformation about the ForensicPatient Victims Register.

8372 3070

Mental Health Advocacy Service(MHAS)Advice about legal representation forforensic patients at Mental HealthReview Tribunal hearings and aboutissues of mental health law.

9745 4277

Mental Health Review Tribunal(MHRT)Reviews circumstances of forensicpatients.

1800 815 511

www.mhrt.nsw.gov.au

What health care is availablein correctional centres?Health services are provided incorrectional centres by NSWHealththrough Justice Health. Justice Healthnurses staff clinics at all correctionalcentres in NSW. Prisoners who are illor injured receive treatment at thecorrectional centre clinic. Prisoners whoneed surgery or complex treatmentmay be transferred to a correctionalcentre with the necessary facilities.This will usually be Long Bay at Malabaror SilverwaterWomen’s Centre.Sometimes services will be accessedthrough local hospitals.

Doctors and dentists visit clinics toprovide medical and dental services.After screening at reception, prisonersreceive a detailed medical check-up.Health plans can be developed andreviewed each year for prisoners withlonger sentences. Before discharge,prisoners can receive assistance fromJustice Health to ensure they cancontinue to access medical treatmentin the community.

Optometry services can be accessedat most correctional centres throughlocal contracted optometrists who visitthe centre.

At some correctional centres, Aboriginalprisoners may also be able to accessmedical services provided by Aboriginalmedical organisations.

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Your family member may not be ableto get health care straight away.There may be delays because of staffshortages or difficulties with transport.Sometimes correctional centre staffmay not agree that your familymember has a health problem, or maynot prioritise their treatment. See p.28on ways to advocate for your familymember if you’re concerned thatthey’re not getting health care thatthey need. If you have an urgentconcern, ring the 24 hour JusticeHealth Telephone Counselling Serviceon 1800 222 472.

Justice Health also promotes publichealth projects such as vaccination andstop smoking programs. Justice Healthcan be contacted on 9289 2977.

Canmothers have childrenliving with them in acorrectional centre?Once women are sentenced they maybe able to have children living withthem in the Mothers and ChildrenProgram if they meet the programrequirements. In the program, childrencan live with their mothers full timeuntil they start school. If a woman givesbirth in a correctional centre whileserving a sentence, she may be able tokeep her baby in her care whileparticipating in the Mothers andChildren Program. Children staying

with their mothers as part of theOccasional Care Program can be up toprimary school age. To be accepted intothe program, women and their childrenmust be assessed, recommended by acommittee, and approved by theCommissioner. This can take up toeight weeks after a woman issentenced. The Mothers and ChildrenProgram is based at Emu Plains andthe Parramatta Transitional Centre.Generally women and children join theprogram at Emu Plains, andmaymoveto Parramatta to prepare for release.

While women are on remand they can’thave children with them.Women onremand often have to move betweencorrectional centres while their case isbeing heard, andmost correctionalcentres don’t have facilities for mothersand children.Women can apply to beaccepted into the Mothers and ChildrenProgramwhile on remand to reducethe waiting time to join the programafter they’re sentenced. If a womangives birth while on remand, she won’tbe able to care for her baby in acorrectional centre unless she isaccepted into the Mothers and ChildrenProgram after she is sentenced.

Children of women on remand aregenerally cared for by family.Wherethis is not possible, they’re usuallyplaced in foster care through theDepartment of Community Services

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Can prisoners be transferredinterstate or overseas to becloser to family?Under some circumstances, prisonerscan be transferred from NSW to otherstates of Australia, or from those statesto NSW. Prisoners can apply in writingfor a transfer to be considered.

Decisions about transfers are madeby the State Minister or the Common-wealth Attorney-General, dependingon whether the prisoner was convictedunder State or Federal law. Decisionsabout transfers can take somemonthsto process. Applications may berefused because of concerns aboutthe administration of justice, or othermatters. Prisoners can’t appeal therefusal of transfer application, andapplications can only be made oncewithin each 12-month period.

Prisoners can discuss transferapplications with the Services andPrograms Officer orWelfare Officer attheir correctional centre. The prisonermust make the application for atransfer – it’s not possible for familyto apply on their behalf.

(DoCS). Once a woman on remandgives birth, decisions will need to bemade quickly about who will care forher child. It’s best for everyone if themother and her extended family canplan ahead to make arrangementsabout who will care for the baby.

Need help?

Mothers and Children Program(Corrective Services NSW)TheMothers and Children ProgramCoordinator can talk to familiesabout options for children to becared for by their mother within acorrectional centre, and can visitwomenwhomay be eligible for theprogram to discuss their plans fortheir children.

9854 7225

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Prisonersmay be able to apply for atransfer to or from Australia in certaincircumstances. Transfersmust be agreedto by both countries, and the processingof applications is likely to take a longtime. The countries involvedmust reachagreement about the length of sentencethe prisoner will serve once they’retransferred. Generally, only Australiancitizens can be transferred fromoverseas countries to Australia. Similarly,overseas countries will generally onlyaccept transfers of their own citizens.

Australia has extradition arrangementswith some countries. This means thatpeople can be apprehended in onecountry and sent to another countryto face court charges.

Need help?Note that 1800 numbers are freefor calls from a landline but mayonly be available in certainlocations, e.g. outside Sydney. Somemay charge for calls frommobilephones, so check this if you need tocall from amobile. Check with yourlocal library for free internet access.

Prisoners Legal ServiceA Legal Aid service for prisoners.Solicitors visit correctional centresacross NSW and prisoners canmake an appointment to see them.

9219 5888

1800 806 913

NSW Law Society Pro BonoSchemeProvision of free legal representationwhere Legal Aid has been refused.

9926 0367

www.lawsociety.com.au

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We can’t even tell you where he is

Sandra’s son was charged in another state, and was sentenced andimprisoned there. She describes what it’s been like having a familymember in prison so far away from home.

Whenmy son went to prison it just came out of the blue. It was very muchout of character. He just went away saying he was going on a short tripinterstate with friends and he’d soon be back. The next thing I knew thepolice were at the door saying he was in the remand centre in anotherstate. It was a big blow because I really didn’t know how I could getinformation from interstate. They told me the name of the centre, but thatdidn’t mean anything to me. It took me a while to find out where he was.We found out he could get bail, so my husband drove there andmanagedto get him out and he came home until his trial.

Even though I had a very good lawyer it was still very difficult, becauseyou’re not prepared. On the day he was convicted, one minute he wasthere standing in the dock, and the next minute he was gone without useven being allowed to say goodbye. My lawyer said I could visit him at theremand centre and gave me the address. I managed to last through thenight, and next morning I went to the remand centre, and they said‘We can’t even tell you where he is’. The lawyer didn’t even know that Icouldn’t visit him until he’d been processed. I was alone in a strange citywhere I didn’t know anyone. It was the weekend – I couldn’t get in touchthe lawyer. I stayed through the weekend, and on the Monday I managedto find out where he was. I asked if I could phone him – I didn’t evenrealise that he wouldn’t be able to get phone calls.

It’s like you’ve entered a different world where you’re an alien. Even whenI went to visit it was so hard – there was no one I could talk to and no oneto support me. They said ‘You can have a double visit because you’re frominterstate’. There was barbed wire, tall walls; I really thought that my sonwould never see the daylight. I had no idea. That’s where you need thesupport, to know what it’s going to look like, to know what happens in theprison. The more people know realistic information about prison, theeasier it is to digest, rather than leaving it to your imagination.

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‘These days I visit my son once every threemonths. If you know your rights as a familymember, you can get things done.’

Reallife

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Before the visit the adrenaline kept me going, but then I felt suchloneliness and isolation afterwards. I just wanted to be with people, and Iwent and sat at the back of a church during one of the services. Someoneturned round to say hello and I burst out crying. From that I met twopeople who became very good friends, and I would see them when I wentto visit my son. The social worker at the remand centre kept in touch withme too. She was terrific. I called themmy three angels. Knowing themnormalised my life there. If I felt a bit low I could call them. Knowingsomeone there made me feel like I belonged too.

Now I know his routine, I know when he comes out, I know when he’slocked up. I know what times he comes out, I know when he has meals,I know the date he’s going to try to ring me. I can put money in hisaccount if he doesn’t have money. It’s a new lifestyle you have to adapt to.When he rings, the time is very limited. All you can say are positive things.The hardest thing is when he says he’s been unwell.

When I’m at the prison I’m a different person. I think of myself as someonewith a strong personality and able to make decisions fairly well, but whenI’m there in that prison system I’m stripped of everything, I’m absolutelyhelpless. I get confused, I start stuttering, I can’t express myself properly.

These days I visit my son once every three months. If you know yourrights as a family member, you can get things done. My son was in theassessment centre then one day out of the blue he called me and said‘Mum, I’ve moved’. I didn’t even recognise the name of the town and Ididn’t know how I would get there. I had to leave on the Friday to get theevening plane interstate, then take the bus for a four-hour trip and staythe night. The only hotel I could stay at was on the highway. I would goand visit him the next morning, stay the whole day and then get the busback to the city. It was pouring rain and there was only a bus shelter.The majority of the prisoners were Aboriginal and the bus shelter wasfilling up with women who had come from other parts of the state.They were waiting with me there in the rain with no proper shelter.