New South Wales Consolidated Regulations

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CRIMES (ADMINISTRATION OF SENTENCES) REGULATION 2014

- Made under the Crimes (Administration of Sentences) Act 1999
- As at 1 August 2019
- Reg 550 of 2014

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Interpretation

   PART 2 - ADMISSION PROCEDURES FOR CORRECTIONAL CENTRES

           Division 1 - Recording and providing information

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

           Division 2 - Surrender of, and dealing with, property

   7.      Surrender of property by inmates
   8.      Delivery of property by police and other persons
   9.      Dealing with property surrendered on reception
   10.     Property records

   PART 3 - CLASSIFICATION, PLACEMENT AND CASE MANAGEMENT OF INMATES

           Division 1 - Classification and designation of inmates

   11.     Classification of inmates
   12.     Classification of male inmates
   13.     Classification of female inmates
   14.     Escape-risk classifications
   14A.    Life imprisonment classification
   15.     Designation of high security, extreme high security, extreme high risk restricted and national security interest inmates
   16.     Management of high security, extreme high security, extreme high risk restricted and national security interest inmates
   17.     Variation of classification and designation of certain inmates
   18.     High security classification of inmates for purposes of interstate leave permits
   19.     Information to be considered for classification purposes

           Division 2 - Placement of inmates

   20.     Placement of inmates
   21.     Governor's report about inmates' placement
   22.     Consideration of certain reports by Review Council
   23.     Decision by Commissioner about inmate's placement

           Division 3 - Case plans for convicted inmates

   24.     Case plans to be prepared for all convicted inmates
   25.     Contents of case plan
   26.     Departmental officers to prepare recommendations
   27.     Consideration of recommendations by departmental officers
   28.     Consideration of certain case plans by Review Council
   29.     Adoption of case plan by Commissioner
   30.     Linguistic and cultural factors to be considered
   31.     Case plans for high risk offenders

           Division 4 - Miscellaneous

   32.     Inmate may request review of placement, classification and case plan

   PART 4 - CORRECTIONAL CENTRE ROUTINE

           Division 1 - Separation and accommodation

   33.     Separation of different classes of inmates
   34.     Separation of sexes
   35.     Separation for health reasons
   36.     Accommodation

           Division 2 - Hours of work and general correctional centre routine

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

           Division 3 - Food

   50.     Diet
   51.     Complaints about correctional centre food
   52.     Purchase of food by inmates

           Division 4 - Health and cleanliness

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

           Division 5 - Inmate services and programs

   60.     Inmate services and programs
   61.     Behaviour of inmates participating in services and programs
   62.     High risk offenders

           Division 6 - Spiritual and pastoral care

   63.     Accreditation of chaplains
   64.     Privileges of accredited chaplains
   65.     Responsibilities of accredited chaplains
   66.     Powers of accredited chaplains
   67.     Access to inmates
   68.     Participation of inmates in religious observances
   69.     Use of chapels
   70.     Accredited chaplains may advise committees
   71.     Accredited chaplaincy services generally
   72.     Exclusion of ministers of religion on grounds of security
   73.     Inmates' religious affiliation

   PART 5 - VISITS AND COMMUNICATIONS

           Division 1 - Visits to inmates

   74.     Visits generally
   75.     Visiting hours
   76.     Number of visits
   77.     Maximum number of visitors
   78.     Visits by Commissioner and other officials
   79.     Inmates may refuse visits
   80.     Inmates confined to cell not entitled to visits
   81.     Record of visits

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

   82.     Visits to transact legal business
   83.     Visits to foreign nationals
   84.     Visits to Aboriginal persons
   85.     Prior appointment necessary
   86.     Time, duration and number of visits

           Division 3 - Permits to visit correctional centres

   87.     Permit for visits
   88.     Cancellation of permits
   89.     Return of expired or cancelled permits
   90.     Preliminary requirements for visits
   91.     Restrictions on holders of visitors' permits

           Division 4 - Control of visits to correctional centres and inmates

   92.     Application of Division
   93.     Proof of identity of visitor and purpose of visit may be required
   94.     Approval of visitors to extreme high risk restricted inmates and national security interest inmates
   95.     (Repealed)
   96.     Hindering or obstructing dogs
   97.     (Repealed)
   98.     Unauthorised use of cameras or recording equipment
   99.     Delivery of articles to and from visitors
   100.    Prevention of physical contact with inmates
   101.    Visits to extreme high risk restricted inmates to be conducted in English or approved language
   102.    Visits to be within sight of correctional officer
   103.    Special arrangements for legal documents
   104.    Termination of visits

           Division 5 - General restrictions on persons who may visit

   105.    Application of Division
   106.    General power to prevent visits
   107.    Visitors under the influence of alcohol or drugs
   108.    Commissioner may bar persons from visiting correctional centres
   108A.   Commissioner may bar restricted associates from visiting correctional centre
   109.    Unauthorised persons not to be admitted to correctional centres

           Division 6 - Written communications with inmates

   110.    Correspondence generally
   111.    Certain articles prohibited
   112.    Opening of letters and parcels generally
   112A.   Commissioner may prevent correspondence with restricted associates
   113.    Certain correspondence privileged
   114.    Certain correspondence not to be sent to exempt bodies and exempt persons
   115.    Correspondence with Category AA male inmates, Category 5 female inmates, extreme high risk restricted inmates and national security interest inmates
   116.    Additional requirements for correspondence from extreme high risk restricted inmates and national security interest inmates
   117.    Register of correspondence with Category AA male inmates, Category 5 female inmates, extreme high risk restricted inmates and national security interest inmates
   118.    Correspondence with legal practitioners

           Division 7 - Use of telephones and fax machines by inmates

   119.    Permission required to make telephone calls or send faxes
   119A.   Commissioner may prevent communication with restricted associates
   120.    Cost of telephone calls and faxes
   121.    Possession of cameras, video or audio recorders
   122.    Use or possession of mobile phones

           Division 8 - General

   123.    Supply of information concerning offences to police
   124.    Property brought to correctional centre by other persons
   125.    Extreme high risk restricted inmates not to receive money
   126.    Property brought into correctional centre illegally

   PART 6 - CORRECTIONAL CENTRE DISCIPLINE

           Division 1 - Declaration of correctional centre offences

   127.    Contraventions of particular provisions, orders or directions
   128.    Attempts

           Division 2 - Maintenance of order and discipline

   129.    Maintenance of order and discipline generally
   130.    Directions relating to order or discipline
   131.    Use of force in dealing with inmates
   132.    Use of equipment for restraining inmates
   133.    Report on use of force

           Division 3 - Particular offences

   134.    Contravention of conditions of leave
   135.    Concealment for escape
   136.    Concealment of certain items
   137.    Possession of offensive weapon or instrument
   138.    Intimidation
   139.    Indecency
   140.    Riots
   141.    Physical aggression
   142.    General property offences
   143.    Hindering or obstructing dogs
   144.    Causing harm to animals
   145.    Correctional centre property offences
   146.    Tattooing
   147.    Gambling
   148.    Alcohol
   149.    Possession of drugs
   150.    Administration of drugs
   151.    Possession of drug implements
   152.    Self-intoxication
   153.    Failing prescribed drug test
   154.    (Repealed)
   155.    Bribery
   156.    Obstruction

           Division 4 - Testing for alcohol or drugs

   157.    Breath testing
   158.    Evidence as to presence of alcohol or intoxicating substance
   159.    Drug test sample if drug use suspected
   160.    Drug test sample whether or not drug use suspected
   161.    Evidence as to use of drugs
   162.    Supply of test results to Justice Health and Forensic Mental Health Network

           Division 5 - Punishments

   163.    Definition of "withdrawable privilege"
   164.    Prohibited punishments

   PART 7 - INMATES' REQUESTS AND COMPLAINTS

           Division 1 - Official Visitors

   165.    Notice of availability of Official Visitors
   166.    Complaints and inquiries
   167.    Reports by Official Visitors

           Division 2 - General

   168.    Requests to governor
   169.    Requests to Minister, Commissioner or Official Visitors
   170.    Complaints to Minister or Commissioner
   171.    Mischievous complaints

   PART 8 - RELEASE PROCEDURES FOR CORRECTIONAL CENTRES

   172.    Inmates to check personal property and records
   173.    Pre-release interviews

   PART 9 - MISCELLANEOUS PROVISIONS RELATING TO FULL-TIME IMPRISONMENT

   174.    Preservation of scenes of serious indictable offences and serious incidents
   175.    Payment for work done by inmates
   176.    Prohibited work
   177.    Purchasing and renting goods
   178.    Governor as informant in proceedings before Visiting Magistrates
   179.    Monthly returns of punishments imposed by governors or Visiting Magistrates
   180.    Lodging of appeals to District Court from decision of Visiting Magistrate
   181.    Applications for leave of absence
   182.    Establishment of Ethics Committee
   183.    Functions of Ethics Committee
   184.    False or misleading information

   PART 10 - CONDITIONS OF COMMUNITY-BASED ORDERS

           Division 1 - Preliminary

   185.    Interpretation

           Division 2 - Obligations of offenders under conditions of community-based orders

   186.    Obligations under condition not to commit offence (ICO, CCO or CRO)
   187.    Obligations under supervision condition (ICO)
   188.    Obligations under supervision condition (CCO or CRO)
   189.    Obligations under home detention condition (ICO)
   189A.   Obligations under electronic monitoring condition (ICO)
   189B.   Obligations under curfew condition (ICO or CCO)
   189C.   Obligations under community service work condition (ICO or CCO)
   189D.   Obligations under rehabilitation or treatment condition (ICO, CCO or CRO)
   189E.   Obligations under abstention condition (ICO, CCO or CRO)
   189F.   Obligations under non-association condition (ICO, CCO or CRO)
   189G.   Obligations under place restriction condition (ICO, CCO or CRO)
   189H.   Obligations under condition to appear before court (CCO or CRO)

           Division 3 - Suspension of certain conditions

   189I.   Suspension of supervision conditions

   PART 11 - REINSTATEMENT REPORTS FOR PAROLE AUTHORITY

   190.    Requirement for reinstatement report
           191-193. (Repealed)

   PART 12 - COMPULSORY DRUG TREATMENT DETENTION

   194.    Regulations relating to parole of offenders serving sentences by way of compulsory drug treatment detention
   195.    Application of Part 2 of the Act to Stages 1 and 2 compulsory drug treatment detention
   196.    Provision of information relating to offenders
   197.    Periodic drug testing
   198.    Random drug testing
   199.    Evidence as to use of drugs
   200.    Conditions that may be imposed as part of community supervision orders for Stage 2 and Stage 3 offenders

   PART 13 - COMMUNITY SERVICE WORK
   Note

   201.    Definitions
   202.    Hours of work
   203.    Tea breaks and meal breaks
   204.    Computation of hours
   205.    Alcohol and drugs--directions for testing and leaving work site
   206.    Exemption of offenders from certain directions on grounds of incapacity
   207.    Transport arrangements
   208.    Community corrections field officer to report to community corrections officer
           209-213. (Repealed)

   PART 14 - PAROLE

   214.    Standard conditions applying to parole
   214A.   Supervision conditions
   215.    Consultation required before conditions as to residence or treatment imposed on parole
   216.    Parole orders
   217.    Parole orders to be explained to offenders
   218.    Suspension of supervision conditions
           219, 220. (Repealed)
   221.    Commissioner to review supervision obligations for offenders serving existing life sentences
   222.    Revocation of parole orders before release
   222A.   Preparation of reports by community corrections officer
   223.    Circumstances constituting manifest injustice
   224.    Notice of initial intention to refuse release on parole
   225.    Decision on review of parole refusal
   226.    Submissions by Commissioner
   227.    Notices to victims
   228.    Submissions by the State
   229.    Instrument requiring attendance
   230.    Records of proceedings
   231.    Preparation and adoption of case plans
   232.    Norfolk Island parole orders

   PART 14A - RE-INTEGRATION HOME DETENTION ORDERS

   232A.   Assessment of suitability for re-integration home detention
   232B.   Standard conditions applying to re-integration home detention orders
   232C.   Standard supervision condition
   232D.   Review of suitability for parole

   PART 15 - REVOCATION BY PAROLE AUTHORITY OF CERTAIN ORDERS

           233, 234. (Repealed)
   235.    Revocation of order and review of revocation
   236.    Decision on review of revocation
   237.    Notice of revocation of order
   238.    Inquiry into suspected breach of order
   239.    Arrest warrants
   240.    Warrants of commitment

   PART 16 - CORRECTIONAL OFFICERS AND DEPARTMENTAL OFFICERS

   241.    Oath or affirmation of office
   242.    Compliance with Commissioner's instructions and governor's directions
   243.    Declaration about associations with inmates
   244.    Suspected offences by inmates
   245.    Uniforms
   246.    Keys and access cards
   247.    (Repealed)
   248.    Visitors
   249.    Insulting or abusive language
   250.    (Repealed)
   251.    Honesty
   252.    Vigilance
   253.    Reporting of misconduct by correctional officers
   254.    Certain contraventions to be dealt with as misconduct
   255.    Confidentiality of records

   PART 17 - CONDUCT OF MEMBERS OF CORRECTIONAL STAFF REGARDING ALCOHOL AND DRUGS

           Division 1 - Preliminary

   256.    Interpretation
   257.    Appointment of authorised persons
   258.    Hospitals

           Division 2 - Obligations of members of correctional staff

   259.    Correctional staff's breath or blood must not have prescribed concentration of alcohol
   260.    Correctional staff must not have prohibited drug present in biological material

           Division 3 - Testing of members of correctional staff

   261.    Testing correctional staff
   262.    General rules for the provision or taking of certain samples
   263.    Breath testing and breath analysis of members of correctional staff
   264.    Restrictions on requiring breath test, breath analysis or non-invasive sample
   265.    Action to be taken with respect to blood samples
   266.    Action to be taken with respect to non-invasive samples
   267.    Analysis of samples

           Division 4 - Evidence

   268.    Certificate evidence of concentration of alcohol in breath or blood determined by breath test or breath analysis
   269.    Certificate evidence of concentration of alcohol in blood otherwise than in relation to a breath test or breath analysis
   270.    Certificate evidence of presence of a prohibited drug
   271.    Certificate evidence of appointment of authorised person

           Division 5 - Consequences

   272.    Refusing to comply with a requirement under Division 5 of Part 11 of the Act
   273.    Immediate action: staff member relieved from duty
   274.    Consequences for staff members having prescribed concentration of alcohol in breath or blood
   275.    Consequences for staff members testing positive at least twice in 3 years
   276.    Consequences for staff members testing positive for prohibited drugs
   277.    Consequences for staff members testing positive for a prohibited drug more than once in 3 years
   278.    Staff members on probation
   279.    Temporary or casual staff members
   280.    Double jeopardy
   281.    Disciplinary action

           Division 6 - Offences

   282.    Interfering with results of test
   283.    Interfering or tampering with, or destroying, samples

   PART 18 - JUSTICE HEALTH AND FORENSIC MENTAL HEALTH NETWORK MATTERS

   284.    Examination of inmates
   285.    Inmates' risk to self or others
   286.    Mental illness
   287.    Inmates' diet, exercise and treatment
   288.    Medical records
   289.    Provision of medical care to inmates confined to cell
   290.    Infectious diseases
   291.    Death of inmates

   PART 19 - USE OF FIREARMS

   292.    Authority to carry firearms
   293.    Armed posts
   294.    Issue of firearms to correctional officers not at armed posts
   295.    Officers handling firearms to undergo training courses
   296.    Safety procedures on issue or receipt of firearms
   297.    Safety procedures on return of firearms
   298.    Duties of correctional officers generally
   299.    Maintenance of safe distances
   300.    Transfer of firearms
   301.    Use of armed posts
   302.    Discharge of firearms
   303.    Authority to discharge firearms
   304.    Warnings
   305.    Notice of discharge
   306.    Use of correctional centre armouries for storage of private firearms

   PART 20 - BRAVERY AND MERITORIOUS SERVICE AWARDS

   307.    Awards
   308.    Cancellation of awards
   309.    Register of awards
   310.    Wearing of awards

   PART 21 - THE REVIEW COUNCIL

   311.    Additional functions of Review Council
   312.    Matters to be considered concerning certain serious offenders
   313.    Functions of Review Council with respect to extreme high risk restricted inmates
   314.    Records of proceedings

   PART 22 - GENERAL PROVISIONS

   315.    Correctional centre records
   316.    Order of ranking of correctional and other officers
   317.    Attendance of inmates before courts and court officers
   318.    Commissioner may exercise other functions
   319.    Powers of correctional officers
   319A.   Search observation staff members
   319B.   Powers of correctional officers--restraint of visitors
   320.    Operation of biometric identification system in correctional centres
   321.    Privacy and security safeguards
   322.    Smoking and possession of smoking-related items in correctional centres and residential facilities
   322A.   Unlawful possession of remotely piloted aircraft
   322B.   Unlawful possession and operation of remotely piloted aircraft within prohibited airspace
   322C.   Remotely piloted aircraft--detention premises
   323.    Victims Register
   324.    Notice to victims about proposed change in security classification
   325.    Submissions by Commissioner
   326.    Authority to disclose certain information
   327.    Authority to exchange certain information
   328.    Appointment of community corrections field officers
   329.    Procedure for breaches of community correction orders or conditional release orders--sections 107C and 108C of the Act
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6


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