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Review of the Management and Operation of Victoria's Corrections System

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Review of the Management and Operation of Victoria's Corrections System Review of the management and operation of Victoria's corrections system Review of the management and operation of Victoria's corrections system The Victorian Government has vested the State Services Authority with functions designed to foster the development of an efficient, integrated and responsive public sector which is highly ethical, accountable and professional in the ways it delivers services to the Victorian community. The key functions of the Authority are to: • identify opportunities to improve the delivery and integration of government services and report on service delivery outcomes and standards; • promote high standards of integrity and conduct in the public sector; • strengthen the professionalism and adaptability of the public sector; and • promote high standards of governance, accountability and performance for public entities. The Authority seeks to achieve its charter by working closely and collaboratively with public sector departments and agencies. contact us at the State Services Authority Email: [email protected] Phone: (03) 9651 1321 Fax: (03) 9651 0747 Postal Address: 3 Treasury Place Melbourne 3002 www.ssa.vic.gov.au © Copyright State Government of Victoria State Services Authority 2012 contents executive summary 1 acronyms 5 1 introduction 7 1.1 terms of reference 7 1.2 review methodology and scope 7 1.3 relationship with other reviews 8 2 background 9 2.1 Department of Justice 9 2.2 Corrections Victoria 9 2.3 community corrections 10 2.4 prisons in Victoria 11 2.5 prisoner placement and categories of prisoners 12 2.6 key legislation 12 2.7 key standards and policies 13 3 corrections system structure 14 3.1 structure and design principles 14 3.2 regional service delivery model 14 3.3 assessment of the structure of Victoria’s corrections system 18 Review of the management and operation of Victoria's corrections system iii 4 challenges for prison performance 20 4.1 prison system complexity pressures 20 4.2 prison system capacity pressures 21 4.3 corrections system performance 24 5 placement and management of high-risk prisoners 27 5.1 placement and management overview 27 5.2 sentence management 28 5.3 high-risk prisoner placement and management 30 5.4 conclusion 40 6 business support and information technology systems 42 6.1 process documentation 42 6.2 information technology 45 7 next steps 49 7.1 review recommendations 49 appendices appendix a references 54 appendix b list of consultations 58 appendix c Department of Justice organisational structure 60 appendix d overview of Victoria’s criminal justice system 61 appendix e Victorian prisons and correctional facilities at July 2012 62 appendix f roles and responsibilities of regional directors, prison general managers and the Corrections Commissioner 63 appendix g guiding principles for sentence management 65 appendix h categories of prisoners with additional levels of oversight 66 appendix i previous decision-making process for Victoria’s high- risk prisoners (major offenders) 70 appendix j glossary 71 iv Review of the management and operation of Victoria's corrections system executive summary On 11 May 2012, the Premier directed the State Services Authority (SSA) to conduct a special review of the management and operation of Victoria’s corrections system. The terms of reference required the SSA to review: The structure and management systems of Victoria’s corrections system (including Corrections Victoria and the Department of Justice) in light of systemic issues identified in the Ombudsman’s report on the death of Carl Williams, in particular the decision-making processes regarding the placement and management of high-risk prisoners. The Review was led by Greg Williams, with assistance from SSA officers. The Review involved consultations with officers in the Department of Justice, its business unit Corrections Victoria, Victoria Police and the Department of Premier and Cabinet. The Review included site visits to Barwon and Port Phillip prisons and analysis of a wide range of the Department of Justice’s internal materials and working documents. In general, Victoria’s corrections system is performing well. It meets its key performance targets. Rates of prison assault and offender recidivism are consistent with, or lower than, national averages. However, the corrections system is confronting significant challenges including: • complexity pressures – deriving from diverse prisoner profile needs and a growth in numbers of high-risk prisoners involved in organised crime and gang-related activity; and • capacity pressures – with bed utilisation rates at 95 per cent and expectations of a growing prisoner population serving longer sentences. Complexity within the prison system derives from a diverse prisoner population with needs arising from mental illness, cognitive impairment or other factors that may make a prisoner vulnerable in the mainstream prisoner population. Growth in the number of custodial witnesses and in the number of high-risk prisoners involved in organised crime (e.g. gangland figures, outlaw motorcycle gangs, other crime gangs and international drug syndicates) and terrorism offences has also added to the challenge of prisoner placement and management. Like other Australian jurisdictions, Victoria’s prison system is facing capacity pressures. Victoria’s bed utilisation rate is at the upper end of the 90-95 per cent target range. In April 2012, the men’s prison bed utilisation rate reached 96.6 per cent, exceeding this target. Capacity pressures are felt most keenly in high security and management environments. The complexity and capacity pressures confronting the prison system compound each other. High-risk prisoners need to be separated from those whom they might harm as well as from those who might cause them harm. These associations are dynamic – allies can rapidly become adversaries, triggered by events either within or outside the prison. It is all the more challenging to determine appropriate prisoner placement and mixing arrangements where system capacity is limited. Corrections officials advised that the placement of a high-risk prisoner may require the movement of several prisoners to address compatibility issues. Under the Corrections Act 1986, the Secretary to the Department of Justice is responsible for the safe custody and welfare of all prisoners. This duty becomes both complex and demanding with prisoners who, for a range of reasons, are at higher risk than the general prisoner population. In cases where a prisoner may be cooperating with law enforcement agencies, particularly in relation to organised crime, this task takes on an added level of complexity. In this context, Corrections Victoria requires a strong relationship and intelligence sharing with law enforcement agencies. However, it is foreseeable that on some occasions, the demands of an active investigation by law enforcement agencies could mean that Corrections Victoria cannot always rely on having complete live intelligence when making placement Review of the management and operation of Victoria's corrections system 1 and management decisions. As such, Corrections Victoria needs to strengthen its internal intelligence capacity to inform its own assessment of risks to prisoner and staff safety and system security. Corrections Victoria is increasingly formalising the systems used to make placement and management decisions for the State’s high-risk prisoners. The management of these prisoners is becoming increasingly risk averse and decision-making has been elevated to more senior officers. In particular, newly established information sharing and advisory committees – the Interdepartmental Custodial Witness Committee (comprising Corrections Victoria, Victoria Police and other law enforcement agencies) and the High Risk Management Advisory Panel (which includes Corrections Victoria and Victoria Police) – are reshaping the way in which decision-making about high-risk prisoners is informed and executed. These new committees appear to be system improvements, but it will take time to refine their operations and assess their effectiveness. Senior corrections and sentence management officials appear to be committed, experienced and generally well equipped to make sound prisoner placement and management decisions. However, their practices and processes are not always accurately recorded in Corrections Victoria’s supporting documentation or information technology systems. For example, there are overlaps, gaps and inconsistencies in multiple documents outlining elements of the sentence management function. In addition, the Prisoner Information Management System relies on manual staff work-arounds to accurately record who makes classification and placement decisions and on what basis they arrive at these decisions. As a consequence, the decision-maker is not always accurately recorded. In a high- risk operating environment such as a prison, decision-making needs to be supported by policies, procedures and systems that are clear, well documented and user-friendly. In summary, the Department of Justice should direct ongoing attention to the following areas to support clear, accountable and well-informed decision-making about the placement and management of high-risk prisoners: • monitoring and testing the effectiveness of newly established processes, such as the High Risk Management Advisory Panel and the Interdepartmental Custodial Witness Committee; • ensuring key business processes and systems are clearly documented and up-to-date; • strengthening the intelligence
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