CANZ P.E.T Consultation Submission

 

Below are bullet points for each of the policies that PPS have supplied CANZ to consult on. To save on repetition it is assumed that if CANZ mention an issue on one policy and another policy has the same wording the issue applies there as well.

 

CANZ would like to take this opportunity to thank PPS for allowing CANZ to go around the country on the road show recently and get direct feed back from our members. I am sure this has meant that our members have given us a lot of constructive feed back and this should be reflected in this submission.

 

This submission is made up of several parts.

 

The first part is an over view of the policy documents given to CANZ for consultation. Plus policy that CANZ believes is either needed or needs to be looked at and reviewed.

 

The second part is a review of the policy as CANZ sees it and comments involving more than what is in the policy documents.

 

The third is a list of questions that each of our sites have given us to ask and clear up matters of confusion/concern that they have.

 

The forth is a list of recommendations made by CANZ

 

Pt 1 CANZ P.E.T Submission

 

CANZ have cut and paste the relevant part of the policy document for easy reference, and then made simple comments below each one.

Escorting a Prisoner to and from Court  and Inter Prison Transfer

 

·              The risk assessment does not require the use of a waist restraint AND the prisoner is placed in a compartment by themselves.  (Handcuffs may still apply).

 

What does this mean? What is the risk assessment tool used? Who does this assessment?

 

When to apply a waist restraint

8      Waist restraints are to be applied at the last practicable secured              point immediately prior to entering the escort vehicle.

 

Is this area in the prisoner’s cell? Is this area changed if there is to be a C&R to get this prisoner to escort?

 

Who can apply a waist restraint

9        Two Corrections Officers or two security officers are required to be present when applying and removing the waist restraint.  Where possible, a Corrections Officer or a security officer of the same gender should apply and remove the waist restraint. 

 

Why does this not read?

Two Corrections Officers or two security officers are required to be in the same room when applying and removing the waist restraint.  A Corrections Officer or a security officer of the same gender must apply and remove the waist restraint. 

 

Staff should not be placed in a situation where they are at risk, when all it would take is a little planning to get this to happen.

 

When to take off a waist restraint

10   On arrival at court/prison, the waist restraint must be removed as soon as practicable.  Handcuffs may be applied prior to the waist restraint being removed, if the escort officer in charge deems it necessary.

 

Where is as soon as practicable? Is this a secure area, or just anywhere you can get a park?

 

Number of officers required for escort

11   The Manager Custodial Systems or the relevant Unit Manager will determine the number of accompanying officers for the escort.  Note: A minimum of 2 officers are required to assist with the loading and unloading of prisoners in waist restraints.

 

What is the policy for National Standard of staff to prisoner ratio in an escort? How can the MSC make such a decision without such a policy?

 

Transport conditions

23   For escorts to and from court which will require rest breaks as outlined in the ‘Prisoner Transport Conditions policy: Rest Breaks,’ the waist restraint will be removed as per Department’s guidelines, as soon as the prisoner exits the vehicle in a secure area.

24   Handcuffs may be applied prior to the waist restraint being removed, if the Escort Officer in charge deems it necessary.

 

During the road show staff were told that waist restraint removal would be the responsibility of the receiving prison not the escorting staff. This policy does not state this; in fact it implies the opposite. Please make this clearer.

 

In paragraph 23 it states “the waist restraint will be removed as per Department’s guidelines” where are these guidelines. CANZ have not seen any Manuel or policy on how to apply or remove waist restraints.

 

This paragraph goes on to say “the waist restraint will be removed as per Department’s guidelines, as soon as the prisoner exits the vehicle in a secure area.” What is the definition of a secure area?

 

 

Temporary Removal

 

8        In determining the level of mechanical restraint required for the temporary removal, the prisoner’s level of risk must be assessed by the Corrections Officer and Unit Manager initiating the application to determine whether:

·        no restraints are required; or

·        handcuffs are required; or

·        Waist restraints are required.

Note: Pregnant women as confirmed by a health practitioner must not be placed in a waist restraint.

 

Why is there not clear policy on the risk a prisoner poses bases around the security classification that, that prisoner has? PPS has spent lots of money developing a risk based assessment for security classification and this appears to be a perfect time to use it. Why leave this decision up to staff, when we have such a robust system in place already.

 

If the security classification system was used the risk assessment process could then be an automatic condition printed on the escort papers on the IOM system. You can always have space for staff to make recommendation but this should only ever increase level of risk never decrease.

 

9        The mixing of mechanical restraint types (i.e. waist restraints, handcuffs, no restraints) in the same vehicle compartment is strictly prohibited for all escorts.

 

Why is this clause only in the Temporary Removal policy and not in all the other transportation PPM? Does this mean that we can mix different types of restraints in other types of escorts?

 

10   Prisoners assessed as not suitable to wear a waist restraint must be kept separate from restrained prisoners for the duration of the escort.

 

What is the assessment tool used for this assessment. If there is no tool what maintains national or even local consistency? Without constancy you create confusion. Not just for staff but also prisoners and this can lead to frustration and staff assaults.

 

11   The Manager Custodial Systems will review the application to either review and/or amend the recommendation on the level of mechanical restraint to be used and the number of staff required.

 

This should be a national standard. The level of restraint should be determined by a national risk assessment (security class) and staffing should be determined on the same basis.

 

This ensures consistency nationally and locally. It also ensures staff safety, even when there are financial pressures. It means costs cannot be cut at the determent of staffing.

 

14   If the escort instructions require the waist restraint to be removed at any point during the escort and handcuffs are required to be applied, the handcuffs must be placed on the prisoner prior to the waist restraint being removed.

 

Where should these restraints be removed? What if hand cuffs do not need to be applied? This paragraph should be 2 paragraphs to cover both situations and they should read:

 

14   If the escort instructions require the waist restraint to be removed at any point during the escort. That point must be clearly detailed on the escort instructions.  There will be at least 2 staff present at the time.

 

15   If the escort instructions require the waist restraint to be removed at any point during the escort and handcuffs are required to be applied, the handcuffs must be placed on the prisoner prior to the waist restraint being removed. The point that the waist restraint is removed and the handcuffs applied must be clearly detailed on the escort instructions. There will be at least 2 staff present at the time.

 

CANZ would also like consideration given to increasing the staffing level if a non secure area is to be used for this purpose.

 

 

When to take off a waist restraint

18   On arrival at the approved destination, the Manager Custodial Systems must state on the Escort Instruction Form when the waist restraint will be removed. (Handcuffs may still apply.)  If the risk assessment requires that the waist restraint must remain on for the duration of the escort, then this must be clearly stated on the Escort Instruction Form.

19   On returning to prison, the waist restraint must be removed as soon as practicable.  

 

This paragraph is getting clearer but still does not nail down the exact place to remove the restraints. Stating removal to happen at the hospital or similar is not good enough. It should state, removal in the holding area on level 1 at the hospital. Or where ever the secure place is.

 

This will require some work to go out and look at the location of these escorts and do a risk assessment of best practise. CANZ would like to be involved in this process. At the very least we would like to know where to access these documents so that we are aware of the risks and mitigations.

 

Number of officers required for escort

20   The Manager Custodial Systems or the relevant Unit Manager will determine the number of accompanying officers for the escort.  Note: A minimum of 2 officers are required to assist with the loading and unloading of prisoners in waist restraints.

 

This is the same as on the other policies, this should be a national standard. What is the policy for National Standard of staff to prisoner ratio in an escort? How can the MSC make such a decision without such a policy?

 

 

Prisoner Transport Conditions: Rest Breaks

Performance Standards

 

3        Escort staff must not drive continuously for more than four hours without a scheduled rest break being managed at a secure facility within that four hour period.

 

What if there is an accident or you are stuck in traffic on the harbour bridge etc. Where is the emergency policy for when a staff member runs out of driving time? Is this supposed to be guessed by staff or do they just drive on?

 

4        To comply with the new Land Transport Rule, effective from 01 October 2007, any staff assigned as a driver of the escort must not supervise or manage prisoners during the rest break for a minimum of 30 minutes while at the designated secure facility.

 

Who is assigned as the driver? Are all staff assigned as the driver? If not are they expected to supervise prisoners at these rest breaks instead of the staff at the receiving prison?

 

10   The removal and re-application of waist restraints during scheduled rest breaks is to be managed in accordance with PPM C.02.

 

CANZ are concerned about this paragraph as we have not had the opportunity to consult on any changes to the PPM C.02 policy which clearly affect our members. We would request that a complete list of changes is given to CANZ and that we are engaged immediately to rectify this problem.

 

Prisoner Transport Conditions: Seat Squabs

 

Performance Standards

1.      Seat squabs must be provided for the safety and comfort of prisoners during all external escorts.

2.      Seat squabs are to be placed in each vehicle compartment regardless of whether a prisoner is restrained or unrestrained.

3.      Seat squabs should not be fixed to the vehicle seating, unless deemed necessary to do so.

4.      Staff must ensure that each seat squab is checked for damage or soiling before being securely stored.

5.      Staff must ensure that every seat squab is cleaned on a regular basis, or as required.

 

This is conflicting with the information given out during the roadshow. During the roadshow we were told that seat squabs would only be used for prisoners in waist restraints. Yet the policy states it will be used in all escorts. Which is it?

 

Has there been a job sizing of the seat squab inspection and cleaning? This is yet another job for the corrections officer to squeeze into his/her already hectic day.

What is the policy for cleaning the seat squab if it has been soiled? Staff do not touch body fluids without proper protective equipment. What training and education will staff receive for this purpose?

 

 

Other policy

 

CANZ believes that other policy needs to be reviewed to make this new system work. The main policy is the use of force policy. This policy has several performance standards and requirements for staff immediately after a use of force. These include

-          putting the prisoner into a de-escalation cell,

-          putting the prisoner on 15 minutes observations,

-          having staff checked for injuries,

-          getting prisoner checked for injuries,

-          medical assessing the prisoner to be cleared from 15 minute observations,

-          prisoner interviewed by manager,

-          Manager making decision to clear observations or not.

-          Staff to write reports and fill in use of force documentation. 

 

Unfortunately it is not as simple as saying get it done after the escort. Most of these escorts will be to court and some of these will mean the prisoner does not return from them.

 

This is a great concern for our members. We have had PPS dismiss staff for not following the use of force policy to the letter and now it seems we are being put in a situation that requires us not to follow policy.

 

Also not being able to apply the waist restraint in the cell of a non compliant prisoner is extremely dangerous. This increase the risk to staff. There should be an attempt to get an amendment to the act if needed or just better definition of when an outside escort starts.

 

CANZ believes that we should not be putting staff in harms way any more times than what is absolutely required. If this simple change is made then we will only need to use force the 1 time in this process.  

 

CANZ would also like to see a policy that just explains waist restraints. This Policy should clearly point out who has responsibility for what and who has what duties. For example, which person is responsible for the checking an auditing of waist restraint and how often should this be done?

 

If such a Policy existed it would create clarity around all the different roles and responsibilities of all the people that are involved in this process. This would then allow a more definitive job sizing activity to be done incorporating all the different jobs that have been created.

 

 

 

 

 

Pt 2 CANZ P.E.T Submission

 

As a whole these policies show that PPS has spent a significant amount of time working on this project and making escorts safer for prisoners. CANZ are looking forward to participating in the next work stream being the prison vehicles. We see this as an opportune time to make some real changes to the humane conditions of staff on these escorts.

 

But in regard to this part of the project our concerns fall into a 4 main categories.

 

Resourcing, Education, Definition and Historical

 

Resourcing.

 

This is a complex issue. The history of this is that many years ago, PPS paid Deloittes to job size all corrections officers’ jobs. WDP was developed and all staff had a complete work day. Since then, we have seen the introduction of computers, without the reduction of the paper work as promised. We have also seen the introduction of sentence management, and all the work that goes along with that. On top of this we have had the IOM system introduced. There are many tasks that must be completed on this system that were never considered during the job sizing years ago.

 

So with all these increases in work load for corrections officers other things must go. For many years CO’s have accommodated the extra work that has been lumped on them. This has to stop.

 

For this P.E.T project to truly work PPS must give serious consideration to resourcing all facets’ of this policy. This is not just the waist restraint but also, the logistical support required to make these escorts happen, the briefing time for these escorts, the C02 time, the rest break time (both driver and supervisor), seat squab cleaning time, seat squab auditing time, restraint auditing and checking time, restraint storage time and of course application time for compliant and non compliant prisoner.

 

There are also other resourcing requirements. We are told that the waist restraints will be kept in the R/O’s; there is little space in most R/O’s so where are these going to be. There are also some prisons without R/O’s.

         

A lot of concerns came from members around their prison resource. By this we mean they do not feel they have the facilities for the rest breaks etc. the best example of this is Camps. The holding cells there are old office rooms. The windows are glass, the doors wooden and have no toilets. This means that staff are required to take each prisoner to the toilet out of the holding cell.

 

This is a risk to PPS as Camps does not have a secure sallyport. It has a wire fence. They have had maxi prisoners escape from the escort bus there before and they do not want to see it happening again.

 

Education resourcing. This means supplying the time for staff to be trained. Not just by C&R instructors in application of restraints but also the Business coaches on the policy etc. This may require more SME’s to be used as business coaches for a time.

CANZ would also like to see this policy training introduced into the IBTC. All staff should be trained from the start in this policy. This would require resourcing.

 

 

 

Education

 

CANZ would like to see robust training and education given to all CO’s no matter what rank. In fact CANZ would like to take this one step further and say that no staff should be doing escorts unless they have been trained in the new policies for transporting prisoners.

 

CANZ does not consider e-learning as training. Some staff have enough trouble with just understanding the computer yet alone having to then try and teach themselves during their work time.

 

PPS have several tools at their disposal to ensure that staff get the adequate levels of training. These are business coaches. This is an ideal time to utilise these staff. All prisons are supposed to have site wide lock downs including CSU’s, for at least 2 hours a week.

 

This is a defined time in the WDP process. This time is so that staff have the ability to get training and up skilled on the job. This 2 hours every week is the perfect time to sit a staff member down and go through the e learning module with them explaining what each part does and answering any questions they may have.

 

On the 16 of January this year, CANZ meet for the first time to start consulting on this issue. At that meeting we were told that before any role was going to happen the following training was going to happen.

 

1        C&R Instructors                Restraints

 

2        Reinforce e-learning with classroom activities.

Business coaches were ear marked for this.   

 

3        Separation Matrix                                 Business coaches were ear marked for this.   

 

4        Training on Wall chart                          Business coaches were ear marked for this.   

 

5        PPM changes and IOMS update              Business coaches were ear marked for this.  

 

6        Vehicle book training/ emergency escape hatch training

                                                                   Business coaches were ear marked for this.  

 

This is all good stuff. We are hoping this is all going to happen before the implementation of waist restraints happens.

 

So far we are only aware of C&R instructors training staff in application of restraints. This should really have been done after staff have been trained in the policy of this new process.

 

 

Definitions

 

CANZ would like serious consideration given to giving clear definition to new terms that were used on the road show such as: Tarmac Transfer, Secure area, Double cuffing. These are new terms, as they do not appear in this policy or any previous policy anywhere.

 

CANZ would not like to see a situation where it is left up to staff to determine what these terms mean.

 

CANZ would also like to see a definition of secure van. On the road show it became apparent to us that there are varying levels of secure van used within the system. For example in Wellington, non caged vans/cars are used for minimum escorts. In Invercargill they have a semi caged van, which is used for courts. It is a small van with basic security mesh on the windows and has seat belts in it. In Hawkes Bay we use a fully caged van for all escorts.

 

If we had a clear definition of these different types of van it would help identify the need for different levels of restraint. E.g. if a prisoner requires a waist restraint, you would not expect that prisoner to be travelling in a car.

 

By defining the terms, vehicles, facilities and equipment used in this policy we remove confusion and create consistency.

 

 

Historical

 

CANZ have had issue with staff safety on escorts for several years. The main issue we have is around special escorts of high risk prisoners. These are escorts that involve armed police escort.

 

The Police have complete body amour to protect them and CANZ would expect that same level of safety to be afforded to our members.

 

We are lucky that these Police have not had to fire their weapons so far on these escorts, but it is only a matter of time. If the Police deem it to be that risky surely Prisons should as well.

 

It is not just offenders that may shoot a corrections officer on an escort like this but it could also be an accidental discharge by a Police man that shoots you. I have heard a rumour that the Police have been shot more times by Police than any offenders.

 

Another historical issue is what to do if you believe a prisoner is being attacked in the back of the van. CANZ believes that under no situation should you open a van or crack the cage of the escort bus, unless you are a) at a prison with support staff, b) at a police station with support staff or c) you have contacted the local Police they have sent out patrols cars and are supporting you opening the van.

 

 

Pt 3 CANZ P.E.T Submission

 

 

Questions from each of the prisons

 

Ngawha

 

-          I have a hard time believing that it takes 30 seconds per prisoner to apply the waist restraints. Was this for compliant prisoners? Did this consider the time in between applying the waist restraints to each prisoner?

 

-          How will the waist restraints be stored and kept when about to apply the waist restraints to prisoners to ensure that the prisoners do not gain access to them and then use the restraint as a weapon against officers?

 

-          What considerations have been given to officer comfort (humane treatment) in the escort vehicle and during the prisoner comfort stops?

 

-          What about Gender. Reaching around the front of a prisoner in the groin area will lead to allegations.

 

-          What about the belts does one size fit all

 

-          Is there going to be a larger cabin to fit the staff in. Currently you do not comfortably fit 3 staff in the driving area of the vans.

 

-          To Auckland from Ngawha is more than 4 hours. There are no manned Police stations on the route to Auckland.

o       Where do we stop?

 

 

Auckland

-          After our meeting at Auckland today I have concerns about why are the Prisoners on the escort bus not restrained. This is where clothing gets stolen assaults happen etc.

 

-          Also after being on a escort bus cruising around the country unrestrained the prisoners then have to be restrained to be moved to their allocated prisons this will cause problems

 

-          Also what about Airplanes are they going to be restrained also how officers change over belts in an insecure airport or do we post them back later.

 

-          There are too many exceptions two many grey areas there should be only one exception ( PREGNANT WOMEN )

 

-          The awkwardness of threading the cuffs through the D ring. Surely it would be better to have a half cuff on the front of the belt, handcuff the prisoner normally and then lock the cuffs to the D ring.

 

-          The staff being in a vulnerable situation when locking and unlocking the prisoner from the cuffs due to having to be bent over in close proximity to a prisoner who may not be happy with the situation.

 

-          I am some what perturb that prisoner who will be on the escort bus will not be wearing waist restraints. When the escort bus arrives at Mt Eden there will be prisoners destined to come to Auckland prison who will have to wear waist restraints for their trip from Mt Eden to Auckland prison.

 

-          How do you explain to a prisoner who has travelled up to 8 hrs and the length of the country without the use of a waist restraint that the prisoner now has to be put into a waist restraint for a 35 minute trip from Mt Eden to Auckland prison?

 

-          This practice has the potential for a situation to develop into a confrontation with any prisoner who has come of the escort bus and has to wear a waist restraint.

 

-          I have some concerns in regards to the waist restraints not being applies to prisoners while on the escort bus.  It is my understanding that the restraints are being implemented due to the death of a prisoner in an escort vehicle. I.e. is the escort bus is an escort vehicle.

 

-          If prisoners are not wearing waist restraints in the escort bus and another death occurs,

o       Will the department be seen to be negligent in the safety of the prisoners in their custody?

o       It will put the staff who are on the escort bus in a situation where there are being compromised by the department policies and practices.

-          Agree with, training, or lack of, being a major concern. Learnt more off your e mail, than from the Department. Seems like they think that knowledge, is power, and that it is not to be shared with the staff. Even though we are short of staff, it’s almost as if they want us to fail.

 

-          Also of concern, of course is the total lack of facilities for staff safety, Surprise, Surprise. Not that they really care about us, we are only a necessary evil in their eyes, one they would do with out if they could. I feel that reality says that if a staff member got knocked over every day, Who Cares, As long as a Prisoner doesn’t get hurt (Physically or mentally) things will just go on as usual.

 

-          Police rest area. Who is in chance of prisoners? They are not legally in police custody. So PPS staff must be.

 

-          What about hospital guards. Where is secure area

 

-          Why is main escort bus exempt from rest breaks

 

-          No restraints on bus for several hours from wellington to Mt. But then for 30 min trip to Pary prisoner has to put belt on. This is going to cause problems.

 

-          What are the staffing minimums

 

-          What about hourly muster if you cannot see prisoners in back.

 

-          What does 2 staff present mean

 

-          There is no R/O in west division.

o       Where do we put on waist restraints

 

Mt Eden

-          Seat squabs ????? 

 

-          What is the most secure area for applying/removing waist restraints for Charter/Con Air, as the manual refers to the main escort bus as EXEMPT.

 

-          What actions have been made to bring the training and professionalism of private contracting firms such as Chubb up to that of corrections so as to avoid instances such as the one that caused this change in policy?

 

-          What is the correct procedure to avoid a head but while attaching hand cuffs to the front of a prisoners belt when he is being non compliant?

 

-          Who will decide if a prisoner is exempt from wearing waist restraints?

 

-          Does the department believe that prisoners on a bus or a plane are less likely to become violent than those travelling in a van or a car?

-          What do they base this reasoning on?

 

-          What are the circumstances that would permit exemption?

 

-          Where do I find the departmental guidelines explaining this?

 

-          Why are we not using the restraints for prisoners on the bus or on a plane?

-          Where do I find the departmental guidelines explaining this?

 

-          When transporting prisoners by plane what is deemed a secure area for applying or removing waist restraints and where are the guidelines to help me identify these areas?

 

-          Will it only require two officers to apply the restraints to a maxi prisoner?

-          During the required 4 hourly rest break while on escort, who will look after the prisoners?

 

-          While we will feed and water the prisoners will we provide any type of meal or fluid to the escorting officers?

 

-          With a new fleet of vehicles being touted for the future will the safety and comfort of the escorting officers be given equal priority to that of the prisoner?

 

-          Of all the changes to prisoner escorts which ones are made with the health and safety of the officer as a consideration?

 

-          During the required 4 hourly rest break while on escort, who will look after the prisoners?

 

-          Who is going to instruct me on the correct use of waist restraints?

 

-          The point that really bothers me is that it looks as if all they are worried about is the safety of the prisoners and not the staff. Everything seems to be in favor of the prisoner "WHAT ABOUT THE SAFETY OF THE STAFF MEMBERS?” I understand that they are trying to make a difference but the way they are going about it, I seriously don't see this being a success. I hope the union will be able to seek this out before it is too late. Good luck

 

-          Why are the escort bus exempt from restraint when they vandalize the bus every chance they get.

-          While in transit should an incident as in fight occur, obviously restraints would play a major roll in curtailing such events occurring.

 

-          Why is it that when transporting prisoners on the plane that the dept can not secure prisoner from vandalizing and playing up on the flight.

 

-          How are the staff to be organised to cover prisoners arriving at there rest stops. Is it local or is it the escorting staff responsibility to feed them.

 

-          Do the staff escorting get to take a break also after 4 hours travel, are there provisions in place for a cuppa for staff.

 

-          If separate compartments are going to be the way to go, then loading the courts in the mornings becomes a longer process. Escorting courts and escorts to other prisons will start to interrupt morning and afternoon visits. No public in while the escorts are being loaded and unloaded.

 

-          Why can't the restraints be used as a tool in prison, i.e. moving prisoners around the jail.

 

-          Will ankle chains be looked at as well?

 

-          If force is used to put the restraints on, how are we get a prisoner to court on time if we have to go through all the paper work.

 

-          I did a escort last weekend to Hawkes Bay from ACRP a break after 4 hours is pointless as you are another hour away from destination.

-          Why not make every 2 hours or 2.5 hours.

 

-          My major query on the waist restraints was what happens in an emergency situation, and you need to remove a prisoner the size of Mossy Hines via the emergency escape hatch on a van while he is in a waist restraint?

-          Is the protocol going to be if it is too hard, let them die?

 

ACRP

-          In my letter to the Auckland City Council I told them I was driving a van that carries up to 8 to 10 prisoners and that I regarded that vehicle as a mini bus/ vehicle, however the council did a search with the Road Transport authority and found that the van I was driving had been registered only as a 3 seat vehicle.

 

-          Now if it is only registered as a 3 seat than any extensions or modifications to the vans needs to be registered by the department to the Road Transport. If we are driving  prison vehicles and they have not been register with road transport to be carrying  more that 3 people , and if we are involved in an accident  then the driver will be responsible

 

-          What happens if your handcuffs or cuff key are faulty at ACRP we only get issued one key?

 

-          Which Policy sates who puts the prisoners in the waist restraints? Is it chubbs or is it PPS.

 

-          Who own the restraints? If we have prisoners in restraints and then that restraint is needed for Chubb can they use ours?

 

 

ARWCF

 

-          Will the changes effect drivers licences

 

-          What about con air flights

 

-          What is a secure area?

 

-          Where is the policy on con airs.

 

-          What about staff in the back of vans

 

-          Width of belt in narrow as opposed to most others seen on net etc.

 

 

Springhill

-          Width of belt in narrow as opposed to most others seen on net etc

 

-          What are minimum staffing levels on escorts?

o       Staff to prisoner ratio?

 

-          What about the extra work at the rest stop? Prisons run very lean on staff and new prisons more so.

 

-          What do we do in case of medical emergency?

 

-          What about the legs

 

-          What is the point of cuffing a staff member to a restrained prisoner? Historically we handcuffed staff to prisoners because they could run away with hands in cuffs. The waist restraint stops this.

 

 

Waikeria

-          During the CANZ discussion it was pointed out that staff were not obliged to get into a department vehicle with any prisoner/s due to Health & Safety reasons.

 

-          After the meeting yesterday staff were asked to accompany a prisoner to the Henry Bennet Centre (mental health facility).

 

-          Ione staff member declined to be placed in the vehicle with the prisoner. But agreed to drive.

-          However, two other staff were comfortable to ride with the prisoner, who was placed in a waist restraint.

 

-          At present, it appears that our "at risk" unit has a procedure in place whereby they have the ok for staff to be placed alongside a prisoner who has a waist restraint applied.

 

Camps

-          If this is about safety and standovers in the back of the escort van, why don’t we remove the items that cause the standovers? (The clothes.) Prisoners should be escorted to other prisons in overalls and jandals. This stops all that stuff and ensures a strip search of the prisoner.

 

-          There are no facilities at camps. We have had 2 maxis run away and have had a wire fence put up.

o       What about secure holding cells

o       Toilets

o       Staffing

 

Hawkes Bay

 

-          There are only 2 officers rostered for Gisborne court. I can see problems arising when we place prisoners in Waist restraints for a 3 minute drive from Gisborne Police Station to the Gisborne Court house.

I believe problems may arrive on the return to the police station from the court house where we have just 2 prison staff.

If a prisoner says No, we can’t ring the Prison for extra staff as we can in our local court. The police are a phone call away but maybe this leaves us vulnerable yet again.

Most of our trials are single defendant trials and may not need to be placed in a waist restraint if the MCS approves it.

I can see problems arising on call over days when we may have as many as 7 in our custody for transporting. We have been told that extra staff will be available for the busy call over days and they have been in the past. But would be on a case by case basis.

 

 

-          I attended the Waist Restraint Training this morning then attended the PPS Consultation Meeting this afternoon.

I feel an area that requires serious consideration is the application of waist restraints on Non compliant prisoners.

 

-          The implement Manager stated that during the trials no non compliant prisoners were processed as part of the trial.

After going through a training scenario this morning I can see a number of issues both for prisoners and staff coming out of this sort of situation.

Admittedly the C & R Instructors were relatively new with their training process.

 

-          Also the placing of a prisoner in a van via C & R is going to have an effect on the escorting staff. Then there is the paperwork involved such as Use of Force Register, N.A.R.A., and Incident Reports etc.

My understanding is this should be completed by those involved. How can they have the time to do all this before departing on the escort?

 

-          The sharp edges on the front section of the belt where the prisoner's cuffs sit will enable self harming opportunities.

 

-          What is the point in waist restraints when feet are a forceful weapon, I would think that feet shackles would have been implemented at the same time.

 

-          I am not going to be trained in the use of waist restraints by the 21st April and am therefore at a disadvantage to undertake an escort.

 

-          Why does the department deem it necessary to spend even more money on increasing the size of the escape hatch when if an accident were to happen there are the jaws of life that the fire brigade use.  We as officers are not trained in rescuing techniques and therefore could be liable in causing further injuries to the prisoners.

 

-          If a prisoner is C&R'd to the receiving office when refusing to go on transfer that prisoner should not be put in a waist restraint but instead placed in a separate compartment.

 

-          E.g. medical staff time, to state if waist restraints should/not be used (exemption) before escort forms are filled out by custody.

 

-          R/O staffing levels for designated visit stops, extra time required.

 

-          R/O holding cells, if available, extra may be needed if RO are already processing their own movements.

 

-          CSU staffing for designated visit stops, handling time whilst escort staff have break.

 

-          How this will affect WDP numbers, staffing

 

-          Is there a difference between a designated escort driver and an escort officer (sco, pco or co, any $ difference??)

 

-          What responsibility is on staff if prisoner falls whilst getting out of vehicle in waist restraint ( catch em or not )

 

-          Should WDP be revisited for staffing levels??

 

-          Duty allowance for designated driver??

 

-          Gisborne escorts are more affected but this does impact on Napier as well.

 

-          If we transport our prisoners only, the issues are not that great. We do have an agreement with Gisborne and Napier Police that we will transport their prisoners as well when ever we can. As you will be aware there is some talk that it is our responsibility to transport all prisoners to court. There is growing momentum in Police circles regarding this issue.

 

-          Officers are attending the last day of Gisborne court (Friday) they are planning their return trip. When they find out the numbers the SCO will usually leave the court room to attend to escorting paper work. Unsafe practice leaving one Officer in court but I have had to do it myself. The time it takes to prepare escorting papers have they signed and faxed back to you can take hours. The unwritten rule is if you are not on the road by 4pm you are to stay another night.

 

-          If staff don’t leave the court and prepare paper work they are going to have to stay another night. Are management happy with this extra expense?

-          The ramifications if we decide to transport our own prisoners and not the Police are obvious.

 

-          Cost is a big issue but to be compliant staff are taking risks to complete tasks in the same time frames. Thoughts may be given for 3 staff to attend Gisborne Court or with the enormous work load put on many staff; management might look at a rostered shift called movement’s co-coordinator. 8-5 shift attending to all paper work involving escorts.

 

Manawatu

-          How can PPS issue a directive that breaks the law?

o       If long journey escorts exceed the compulsory 4 hours for rest the transitional arrangements per the directive then becomes an unlawful instruction and a breach of H&S.

 

-          Where are the extra human resources coming from to cover the extra work involved? I do not believe for one minute the PPS contention that the restraints will only involve 30sec per crim.

 

-          Where are the extra facilities at the prisons where the rest breaks will be?

 

-          Who is going to review the new policy for workability and when? This is opposed to undertaking audits which only dot I's and cross t's.

 

-          Is there going to be discretion for local policy as we all know this provision allows managers to water things down.

 

-          Are all staff going to be trained in the use of waist restraints?

 

-          One of my concerns with the waist restraints is how are they applied to the Prisoner? I understand that the officer goes behind the prisoner and does the belt up whilst you are behind him/her? I could be wrong. But if this be the case I would be worried and would not go any closer to the prisoner than need to. I don't like to get to close from behind them; I would feel extremely uncomfortable with that I most Prisoners would also.

 

-          Which could lead to them making accusations or even make the prisoner lash out.

 

-          Would we be subject to an elbow to the head if he/she twists aggressively or even if they throw there head back, could end up getting a head butt to the bridge of the nose?

 

-          I realise there would be other Officers around but if the Likes of WAARA feels he can get 1 in on a officer and feels that his space is intruded I would imagine he would not hesitate as he has done in the past to a Corrections Officer.

 

-          How come police are not involved in doing the same as us when it comes to escorts?

 

-          When are the department going to realise that the main union is CANZ

 

 

Wanganui

 

-          I understand the waist restraints are a positive step forward and will be a good tool for us as staff to have access to, however there are some real concerns by me as to how they are being rolled out at an almost knee jerk reaction speed with no real forethought or input form staff e.g. Staff being attached via handcuffs to the waist area.

 

-          Steps to get into on out of the Veh for a Prisoner; however these steps are not being provided while staff are training in the use of waist restraints and therefore the idea of safe mount/dismount appears to be for the prisoner population only.

 

-          When these restraints are to be used/not used who gives permission for use should be a National Directive, not left again to areas that are able to be interpreted per local situations that creates nation wide differences which can easily lead to an issue.

 

-          I had the occasion last May to transport 2 prisoners to Rimutaka Prison from Wanganui Prison. These 2 prisoners were accused of the shooting of the 2 year old girl in Wanganui. They were placed at Rimutaka on Prison Manager's instruction as they were considered at risk from others.

 

-          There were 3 Prison Officers transporting 2 prisoners in a standard caged escort vehicle. I was Officer in Charge of the escort and I was advised that armed Police would meet us enroute to Rimutaka Prison and escort us. The escort met up with 3 Police vehicles carrying armed officers and they escorted us to Trentham.

As mentioned in your email, every precaution was applied to ensuring the prisoners were safe. Staff were a secondary consideration.

 

Our escort even travelled past the marae where the Tangi for the 2 year old girl was happening. We were not informed of this.

 

-          One thing I have learnt in my 18 years with the department never let common sense get in the way of a decision.

 

New Plymouth

-          Suggestion on what type of waist restraint and method used how to implement them, could our C&R Head Instructor check out Australia prisons and bring knowledge back for New Zealand use.

 

-          They have identified all the relevant safety features to the benefit of the Prisoners and NOTHING for the officers.

 

-          The waist restraints will secure the wrists & hands but the Prisoners can still use there Feet and head butt.

 

-          Training! If this is to be implemented across the board for all staff what level of training is it reasonable to expect?

 

-          In NP we share a van with the Police and they have custody of half the prisoners and we have custody of the other half. Do we restrain these prisoners?

 

Arohata

-          It has been brought to our attention that pregnant prisoners are not to be placed in waist restraints, this includes all pregnant prisoners even those that are in their first trimester of the pregnancy.  Surely a waist restraint would in no way harm an unborn baby at such an early stage of its development.  It is understandable why waist restraints cannot be used in prisoners in the latter trimester of pregnancy as it would be uncomfortable for the expectant mother and could possibly be harmful to the baby but in the initial stages of the pregnancy it would surely make no difference to either mother or baby.

 

-          Please bear in mind that the majority of staff at Arohata Prison is women that have had children so are fully aware of the development of the baby in the early stages.

 

-          A problem at the moment at Arohata is the issue of drivers with a full license. I'm sure it's not just here but at present we are being pulled out of our wings, or locked down that we have been rostered in, to do escorts because CSU escort officers do not have a license or cannot drive a manual vehicle. These escorts are "dumped" on us at the last minute so if a prisoner requires to be restrained who is responsible for the time placement of the appointment and or whatever else?  Do we even have to do them?

-          What is to happen with their legs? They are still able to use them even if they are wearing the restraints. Will we wait for someone to be kicked to death now?

 

-          At Arohata we do not have the use of the Con Air plane therefore we walk through the terminal and use travel domestic flights. Where, if we have prisoner's that ARE waist restrained, are we suppose to remove the restraints that could possibly be defined as "a secure area" or are we to remove them in the airport car park in the back of the vans?

 

 

Rimutaka

-          What happens once staff need to use force to place the prisoner into a waste restraint?

 

-          To place a prisoner into a waste restraint under a Control and Restraint (C&R) situation takes 4 staff and a video operator, as well and a C&R supervisor, what happens once a prisoner has been assessed by a Manager and Health and deemed healthy enough to travel, will there be the same amount of staff on board the escort vehicle?

 

-          In the past prisoners have been able to slip out of handcuffs or break them, what happens if this occurs with a waste restraint?

 

-          Rimutaka Prison has been issued with other safety equipment such as Breathing Apparatus and Razor Wire Extraction equipment; due to Management not having placed any officer in control of this equipment it has been left in an unused state or in an area that staff don’t have the free access to it. If the time comes to use this equipment I have little faith that it will be in a safe state, will the same apply with the waist restraints?

 

-          Prisoners not only use the hands to assault staff or other prisoners, they use their legs, feet, elbows, knees and heads why has the Department only looked at waste restraints in the first instance?

 

-          I understand that if force has been used on a prisoner to place him or her into a waist restraint that they will travel in a part of the escort vehicle alone, what happens if a multiple amount of prisoner have force used on them?

 

-          We already have big issues about the amount of force used on prisoners, what are staff to do in the case of having to use force on a non compliant prisoner that refuses to go on an escort, permission has been given by management to use force but because of the policy of not applying the waste restraint until the prisoner is about to board the escort vehicle the prisoner may have force used on him/her again to place the waste restraint on.

 

-          Will prisoners start using this as a tool to assist them in not being transferred or escorted to a location that they don’t want to go or be?

 

-          Once there is an assault reported to the Department where a prisoner has used any other part of his/her body, does the Department have a plan on how to deal with it?

 

-          Has the waste restraint been tested by a flexible person that has the ability disconnect joints to aid in the removal of the belt from around his/her waste?

 

-          It is seen that the belt to be used has parts that would deteriorate over time.

o       Is there any provision made to certify the usability of the belt if there is wear and tear/ damage?

o       Who will be responsible for the certification?

 

-          What is the security of the rivets used on the plates to hold the cuffs? (I have recently seen a show where people have been able to get out of such restraints by sheer power) Have these been tested under pressure to tug the cuffs away from the belts?

 

-          What is deemed to be a secure area to remove the waist restraints when doing an escort to an Airport, (is it the tarmac)? Has any place been identified for this?

 

 

Wellington

 

-          What is a tarmac transfer?

 

-          Where is a secure area on a tarmac?

 

-          Do we have to double cuff?

o       What is double cuffing?

 

-          Do the prisoners on the Con Airs have to have waist restraints

 

Chch Men’s

-          Are there specific instructions around a medical emergency or the appearance of a life threatening situation such as a possible heart attack, choking, seizure etc whilst a prisoner is in waist restraints. What is the procedure escorting officers are expected to follow in this particular situation surrounding our basic requirement to provide immediate first aid and the necessities of life to prisoners when in medical distress, verses the specified rules and instructions on the application and removal of waist restraints?

 

-          Obviously in certain situations the presence of waist restraints would inhibit the successful application of first aid due to the limitation of a person’s movement for which they are designed. If there are no specific instructions and a prisoner dies who would be held accountable?

 

-          I can’t understand how completing the E learning tool justifies that you are competent. What happen to hands on training and doing it by the numbers? I haven't completed it and im not going to until someone trains me properly.

 

 

Rolleston

-          Rolleston Prison has not got an R/O, so where they going to secure the waist restraint's if we are not allowed to secure them in the unit/ wing.

o       It is believed that all units at Rolleston will have these waist restraints.

o       Further more, where is it deemed a secure area, so that the restraint's can be removed? I.e. escorts to hospital etc.

 

-          Wanting to know regarding waist restraints what is regarded as a secure area when escorting more than one prisoner on a hospital, dentist or doctors appointments when we have reached or destination

 

Chch W

-          Who is charge of the waist restraints at the prison?

o       Who has to audit them and make sure they are safe to use

o       how often should this happen

 

-          Is there a policy or guide for how to do escort van to airplane transfer and vice versa?

 

-          What about staff in backs of vans

 

-          What about release prisoners taken to town for bus or train etc?

 

-          Who holds the key for the restraints

 

 

Otago

-          Why are management in possession of, and trying to implement the vehicle hand books for prisoner escort when the process thereof has not been finalized through the consultation process?

 

-          Does this mean that the consultation process is not being taken seriously by the department?

 

-          Why are we being trained with a belt that is different from the belt that has been proposed as the one for use?

 

-          Why are we being given the training with the waist restraints when the whole process has not been finalized?

 

-          What will happen if a prison is at full muster, and an escort turns up at the door for a break?  The site is not staffed to facilitate that escort.

 

-          I am concerned that this new process seems to be well in motion, and it really feels as if it is tokenism to consult the unions regarding this issue when the training and implementation is well under way.

 

-          Also, I mentioned at the meeting about the perceived lack of Police buy-in to this new process, and how that would impact on staff if they had to stop at a Police Station for a break. 

 

-          How well set up are other institutions around the country to deal with any proposed breaks?

o       Do they have enough room to ensure that prisoners who are separated can still be separated?

o       Do they have the staff to facilitate the supervision of the extra prisoners while the escorting staff take their break?

 

-          Are the escorting staff still going to get paid for their 30 minute break away from the prisoners?

 

-          Who will generate the alert on IOMS for when a prisoner is excluded from wearing a waist restraint?

 

-          No mention of staff safety, only prisoner

 

-          During an escorted outing to a tangi, will the whanau be advised that the prisoner will be wearing a waist restraint?

 

Invercargill

 

-          In the event of a non-complaint prisoner having to be forcibly placed 
into the restraint: this amounts to a use of force

o       Deescalated on 15 minute obs

o       and thereby the  prisoner has to be medically checked;

o       At risked and potentially placed in an observation cell.

o       Reports will have to be written, use of force filled out and 

o       Consequently the process will be delayed.

o       Prisoners will deduce that they can avoid being transferred merely by refusing to be placed in the belt and being restrained.

 

-          The belts are cumbersome and the process for their application is time consuming even for compliant prisoners.

o       This combined with the B 10 documentation will cause delay in the transfer/court procedure.

 

-          WDP identified the number of staff required for the work load in receiving offices. Either some of that work identified must be deactivated in the light of the new waist restraint policy or a review of WDP and extra staff employed to cover the new work load.

 

-          Why training and information passed on before the consultation is is completed. Points of significance may change or has the department already finalized the whole process??????

 

-          The department has already printed the instructions for the escort vehicle folders. (what happens if something changes)

-          The training covered issues that are still under consultation.

 

-          The trainers did not have the actual belts and handcuffs that will be used as these have not been supplied for them

 

-          The instructors for the vehicle instructions etc had already been away to training that is still under consultation???

 

-          Concern over the generic padlock key. Are they restricted keys so that only authorized personal may request the copying of them. ??

 

-          Concern that prisoners may now kick each other and no defense.

 

-          Our RO is not large enough to hold the restraints.

 

-          Will the instructions make allowances for smaller sites rather than what has been in the past generic statements that are unworkable in sites that then requiring exemptions.

o       This applies to the whole set of instructions.

o       Invercargill sometimes conducts con air flights and delivers and uplifts prisoners from charted planes.

 

-          Where is the designated secure area to remove and place on the restraints???

 

-          There is no vehicle sallyport at the court house so the vehicle is backed as close to the door and is in a public car park.

 

-          What are the liability issues for staff if there are more than 2 prisoners as at present the direction is the prisoner is to be handcuffed to an officer?

o       To reduce escapes which have happened?

 

-          I wish to raise the issue of who is qualified to check the waist restraint?

 

-          What happens to an escort having a rest due at a hosting institution when that institution has a full (top) muster or is indeed over muster?

o       Can the escort be turned away?

 

-          Will an institution at top muster have the staffing capability to supervise this escort over and above of their normal daily routine or would this be heaped on as another expected duty to be absorbed into another busy day.

 

-          Are there proper facilities to house the different categories through these rest areas? E.g. Oamaru cells north bound escort two categories and south bound escort two categories with prisoners in police custody as well. All supposedly being supervised by Police because Prison Officers having a 30 min break.

 

Pt 4 CANZ P.E.T Submission

 

Recommendations

 

From going through the policy provided to CANZ listening to the presentations on the roadshow and getting questions and concerns from our members CANZ have come up with these further recommendations.

 

1        CANZ would like to see a national risk assessment tool for escorts. This tool should consider such things as Prisoners security rating, officer equipment, restraints, staffing requirements. This could be set out in a matrix type setup for ease of use.

 

Attached to this is an example used in Victoria Australia.

 

 

2        CANZ recommends the introduction of Escort overalls and jandals for all inter prison escorts. After all it is our members experience that it is the prisoners clothing that causes the most issues on escort, mainly around ‘standovers’.

 

3        CANZ recommends clear definitions of new terms and phrases to avoid confusion and individual interpretation of these terms

 

4        CANZ recommends robust “hands on” training given to all staff. And a policy that no staff without this training can do escorts. Not just an e-learning module that staff are supposed to fit into their already busy day.

 

5        CANZ recommends proper resourcing of this activity. Not just the application of waist restraints but the entire process, from training to applying on a non compliant prisoner

 

6        CANZ recommends emergency plans drawn up for all escorts. This should include what to do when out of driving hours and also what to do if you need to open a van in case of emergency.

 

7        CANZ recommends that handcuffing a Corrections officer to a prisoner in a waist restraint or the waist restraint should not happen. We believe that this would be a serious harm activity.

 

8        CANZ does not accept and will vigorously challenge any attempt to put corrections staff in a caged vehicle with a prisoner with or without a waist restraint.