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Investigation Into Contraband Entering a Prison and Related Issues

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Investigation Into Contraband Entering a Prison and Related Issues Investigation into contraband entering a prison and related issues June 2008 Investigation into contraband entering a prison and related issues June 2008 Ordered to be printed Victorian government printer Session 2006-08 P.P. No. 102 3 LETTER OF TRANSMITTAL To The Honourable the President of the Legislative Council and The Honourable the Speaker of the Legislative Assembly Pursuant to section 25 of the Ombudsman Act 1973, I present to the Parliament the report on my own motion investigation into contraband entering a prison and related issues. G E Brouwer OMBUDSMAN 5 CONTENTS GLOSSARY 6 EXECUTIVE Summary 8 INTRODUCTION 11 BACKGROUND 13 Dame Phyllis Frost Centre (DPFC) 13 Policies and procedures 14 Statistical information 15 Role of the Security and Emergency Services Group (SESG) 18 INVestigation 20 Methodology 20 Conducting and recording searches 20 Dog squad search operations 23 Urine testing and analysis 25 Gatehouse security 27 Reception 28 Record keeping of contraband seizures 29 Seizure register 29 Evidence bags 31 Storage of contraband 32 Transfer and disposal of contraband 32 Intelligence gathering and analysis 34 Vetting of staff for criminal history 37 CONCLUSIONS 39 recommendations 41 attachments 43 A. Victorian prisoner health study - drug use 43 B. Number of contraband items seized from visitors 44 and prisoners 2005-2006 C. Seizure register 45 D. Victoria Police property receipt 46 E. Seized contraband register 47 F. Evidence bag 50 G. Recruitment of Correctional Officers 51 glossary ANCD Australian National Council on Drugs Collator A prison officer responsible for managing information received about prisoners and staff Commissioner’s Requirements Documented standards for the operation of private prisons Contraband Banned items and substances that have entered the prison unlawfully. Contraband includes: illicit drugs, weapons, alcohol, food items and drug paraphernalia such as needles and syringes Corrections Inspectorate A former unit in the Victorian Department of Justice which reported to the Secretary with independent advise on the operation of the corrections system. It was replaced in August 2007 by the OCSR which has similar functions Corrections Victoria The government body within the Victorian Department of Justice that oversees the management of Victorian adult prisons Director’s Instructions Documented standards for the operation of public prisons Drop safe A type of safe that has a swing door at the top that allows articles to be tipped into the body of the safe ERG Emergency Response Group at Dame Phyllis Frost Centre 7 Evidence bags A plastic bag where contraband items seized in the prison are required to be placed (Example at Attachment F) Healthy Prison Review A whole-of-prison review conducted against a ‘healthy’ prisons framework IDU Identified Drug User OCSR Office of Correctional Services Review PROTEL Proactive Intelligence System, a database used to record prisoner information and to record incidents and information arising from within the prison system. Seizure Register A record of information kept by a prison in relation to seizure of contraband (Example at Attachment C) SESG Security and Emergency Services Group EXECUTIVE summary The Dame Phyllis Frost Centre (DPFC) is the maximum security prison for women in Victoria. Staff had expressed their concerns to my office about the search and seizure procedures, and the receipt, recording and disposal of contraband, including illicit drugs, at DPFC. I commenced an own motion investigation into contraband as I was concerned that poor administrative practices were putting at risk the security and safety of staff, prisoners and the community. The investigation raised broader issues of how to effectively prevent contraband, in particular illicit drugs, from entering a prison and how to detect and deal with such contraband when it is found. Proper policies and procedures are critical to operating a safe, secure and humane prison. Such policies and procedures make individual custodial officers accountable and facilitate practices compliant with prescribed standards to prevent the entry and availability of contraband in the prison system. Contraband is a source of significant concern in a prison because of the harm that it can cause. Illicit drugs, in particular, carry a substantial health risk through the transmission of blood-borne viral diseases such as HIV, hepatitis B and hepatitis C. There is also the possiblity of drug overdoses and risky actions to obtain the illicit drugs within the prison. Furthermore, when contraband can be readily obtained in a custodial facility, the potential for violence among prisoners increases, as well as bullying, standover tactics and conflict over debts. It also increases the risk and creates opportunities for misconduct or corruption among staff. Generally, the availability of contraband contributes to a weakening of good governance within a prison and undermines the aims of making a prison environment safe and secure. Perceptions about inadequate control and poor security, even widespread lawlessness can be created and this can undermine public confidence in the prison system. A well run prison, in my view, should have effective policies and procedures in place to ensure that contraband is effectively prevented from entering the prison and being available to prisoners. Close monitoring of prisons is required to ensure policies and procedures are implemented. My investigation at DPFC included: an inspection of the prison; interviews with a number of witnesses; and a review of how contraband is dealt with by prison authorities through an examination of the records of searches and seizures of contraband. 9 My investigation identified that while there are clear instructions for conducting searches and seizures, staff do not always comply with these. It also found that there is significant room for improvement in the manner in which contraband is dealt with at DPFC. Furthermore, I believe these findings have relevance to all prisons in Victoria. My investigation identified weaknesses in the manner in which searches are conducted at DPFC and in the recording of such searches. I also noted deficiencies in the accountability processes in dealing with contraband once it had been seized. The retention of seized illicit drugs for extended periods of time was of concern. Action is required to ensure that seized items are audited regularly and disposed of properly. I consider that the manner in which intelligence is analysed, recorded and acted upon, must be improved. Information about prison officers, especially if it involves corruption, should be investigated promptly by Corrections Victoria. I am also of the view that prison officers and other relevant correctional staff should be subject to regular vetting for criminal history. This is particularly the case when a prison has responsibility for children in its care, as at DPFC. As a result of my investigation, I have made a number of recommendations, including that Corrections Victoria: • review and re-design its Seizure Register to provide greater accountability for the recording of contraband seized during searches • review the search and drug-testing procedures at DPFC to ensure that testing is carried out on a random basis to limit possible abuse of the process without security being compromised • replace the current evidence bags used at DPFC for seized items with a bag designed to improve accountability, and review evidence bags in use in all Victorian prisons • undertake a review of storage arrangements for seized items in all Victorian prisons • review its practices and procedures relating to intelligence analysis to ensure that its intelligence reports are properly analysed and acted upon where necessary • introduce criminal record vetting of all staff every five years. The survey data I sought during my investigation supports the claim that illicit drugs are present in Victorian prisons. My investigation focussed on systemic issues regarding searching, seizing, receiving, recording and disposing of contraband, including illicit drugs. I have taken up with Corrections Victoria that any allegations or information of concern is appropriately investigated and acted upon where necessary. The Department of Justice (DOJ) supports my recommendations and ‘accepts that there is an opportunity to improve staff compliance with procedures, and to strengthen processes to minimise drug use in prison’. In addition, DOJ responded that the ‘report has provided some valuable indications of areas for review and focus for DPFC to continue to improving its capability to minimise drug contraband entering the facility’. 11 INTRODUCTION In the first half of 2007 I received a number of complaints from DPFC employees about contraband entering the prison and about the way in which it was dealt with by prison staff. These complaints included that prison officers were not searching prison cells, and yet were signing the register to indicate that they had; and that prison officers were not adequately recording and disposing of seized contraband. My concern about these complaints is that they point to poor administrative practices, which directly impact on the safety and security of prison staff, prisoners and the broader community. Given the range and number of complaints, I decided to conduct an investigation on my own motion under section 14 of the Ombudsman Act 1973. On 1 June 2007 I advised the Minister for Corrections and the Secretary of the Department of Justice of my intention
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