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Correctional Service Act 2009 - Correctional Service Regulations 2020 - SL 27, 2020


REPUBLIC OF NAURU

CORRECTIONAL SERVICE REGULATIONS 2020

______________________________

SL No. 27 of 2020
______________________________


Notified: 18th September 2020

Table of Contents


PART 1 – PRELIMINARY

1 Citation

2 Commencement

3 Interpretation

PART 2 – ADMINISTRATIVE MANAGEMENT OF PRISONERS

4 Register of Prisoners

5 Classification of prisoners

6 Separation of prisoners by gender

7 Compliance with directions, rules and laws

8 Search of prisoner on admission

9 Cells

10 Hygiene and cleanliness

11 Clothing

12 Physical exercise

13 Separate treatment of prisoners

PART 3 – FOOD REQUIREMENT

14 General food

15 Special dietary requirements

16 Prisoner to consume food

PART 4 – PRISONER PROPERTY

17 Register of prisoner property

18 Property on reception

19 Authorised property or item may be removed from or not be used by the prisoner

20 Property or item may be stored or removed

21 Return of property or items

22 Unclaimed property or item

23 Property of deceased prisoner

PART 5 – APPROVED CORRECTIONAL CENTRE WORK

24 Approved correctional centre work

PART 6 – PRISONER PRIVILEGES

25 Prisoner privileges

26 Withdrawal of privilege

PART 7 – VISITORS TO CORRECTIONAL CENTRE

27 Designation of place for visitation

28 Authorisation required to visit in correctional centre

29 Register of Visitors

30 Details of visitors

31 Photographs and recordings

32 Officer to escort visitor to designated visitation place

33 Denial or suspension of visiting privileges

34 Vehicles search

35 Delivery of property or item for prisoner

36 Consumable items of prisoners not to be consumed by any other persons

37 Number of visitors

38 Visit by legal practitioners

39 Visit by police

40 Visit by person under the age of 18 years

41 Visit on special occasions

42 Visiting rules

43 Property or item for prisoner by visitor

44 Search at end of visit

45 Cooperation with search or inspection

46 Prohibited items

47 Visit by Judge or Resident Magistrate

PART 8 – AUTHORISED ABSENCE FROM CORRECTIONAL CENTRE

48 Leave of absence of prisoner

49 Return of prisoner

PART 9 – CORRECTIONAL OFFICERS

50 Establishment of positions

51 Newly appointed officers

52 Ranks of officers

53 Training

54 Expenditure, property or assets

55 Register of Assets

56 Disposal of property

57 Uniform or equipment

PART 10 – REPORTING REQUIREMENTS

58 Reporting use of force

59 Reporting deaths in custody

60 Quarterly report to Secretary

61 Daily records

PART 11 – MISCONDUCT BY PRISONERS

62 Misconduct by prisoners

63 Investigation of allegation of misconduct against a prisoner

PART 12 – MISCONDUCT BY OFFICERS

64 Misconduct by officers

65 False or misleading information

66 Prohibition against destroying official records

67 Prohibition against disclosing personal information, correspondence or information classified as confidential

68 Record, equipment or property of the correctional service

69 Investigation of allegation of misconduct against officer

70 Complaint against Chief Correctional Officer

71 Allegation of misconduct against Chief Correctional Officer

PART 13 – MISCELLANEOUS

72 Communication with prisoners at hospital

73 Procedure on death of prisoner

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3


Cabinet makes the following Regulations under Section 56 of the Correctional Service Act 2009:


PART 1 – PRELIMINARY

  1. Citation

These Regulations may be cited as the Correctional Service Regulations 2020.

  1. Commencement

These Regulations come into effect on the day they are notified in the Gazette.

  1. Interpretation

In these Regulations:

‘Act’ means the Correctional Service Act 2009;

‘digital or electronic communication’ means any form of communication which is transmitted electronically or digitally and includes any text message, writing, post, photograph, picture, recording, telephone, email or any other matter that is communicated electronically or digitally;

‘head protector’ means an open faced solid helmet designed to be worn by a prisoner to assist in preventing self harm that has padding inside and attached to a strap;

‘misconduct’ in case of a prisoner, refers to correctional centre offences under the Act;

‘officer’ means a correctional officer;

‘Secretary’ means the Secretary for Justice and Border Control;

‘spit hood’ means a bag or face mask of an open mask fabric designed to be placed over a prisoner’s face to prevent the prisoner from spitting at or biting an officer;

‘torso restraint’ means a soft belt restraint designed to immobilise a prisoner’s arms or legs;

‘waist restraint’ means a belt designed to be worn around a prisoner’s waist attached to which is a handcuff to restrain the movement of hands.

PART 2 – ADMINISTRATIVE MANAGEMENT OF PRISONERS

  1. Register of Prisoners
  2. Classification of prisoners
  3. Separation of prisoners by gender

The prisoners shall be separated in accordance with their respective gender as follows:

(a) male; or
  1. Compliance with directions, rules and laws

A prisoner shall comply with:

(a) directions of an officer;

(b) the Act, these Regulations or rules of the correctional centre;

(c) orders of the Chief Correctional Officer; and

(d) any other written laws.
  1. Search of prisoner on admission
  2. Cells
  3. Hygiene and cleanliness
  4. Clothing
  5. Physical exercise
  6. Separate treatment of prisoners

PART 3 – FOOD REQUIREMENT

  1. General food
  2. Special dietary requirements

Where a health practitioner certifies in writing:


(a) the refusal of a prisoner to eat the ordinary food provided at the correctional centre is likely to endanger the life of the prisoner; or

(b) for medical reasons, requires a special diet plan for a prisoner,

the Chief Correctional Officer shall comply with the directions of the health practitioner.


  1. Prisoner to consume food

PART 4 – PRISONER PROPERTY


  1. Register of prisoner property
  2. Property on reception
  3. Authorised property or item may be removed from or not be used by the prisoner

The Chief Correctional Officer may remove or not allow a prisoner to keep or use any authorised property or item in the following circumstances:


(a) where in the opinion of the Chief Correctional Officer, the security of the correctional centre is threatened;

(b) where in the opinion of the Chief Correctional Officer, the presence of such property or item threatens the safety or welfare of any prisoner; or

(c) in an emergency in the correctional centre.
  1. Property or item may be stored or removed
  2. Return of property or items
  3. Unclaimed property or item
  4. Property of deceased prisoner

The Chief Correctional Officer shall allow the deceased prisoner’s next of kin to collect the property of the prisoner.

PART 5 – APPROVED CORRECTIONAL CENTRE WORK

  1. Approved correctional centre work

PART 6 – PRISONER PRIVILEGES

  1. Prisoner privileges
  2. Withdrawal of privilege

A privilege under these Regulations may be withdrawn at any time as part of a disciplinary penalty, security or any other reason the Chief Correctional Officer may deem necessary.

PART 7 – VISITORS TO CORRECTIONAL CENTRE

  1. Designation of place for visitation

The Chief Correctional Officer shall designate a place within the correctional centre where the prisoners may be able to exercise their visitation privileges.

  1. Authorisation required to visit in correctional centre
  2. Register of Visitors
  3. Details of visitors
  4. Photographs and recordings
  5. Officer to escort visitor to designated visitation place
  6. Denial or suspension of visiting privileges

The Chief Correctional Officer may deny a visit or suspend visiting privileges to a person for any of the following reasons:


(a) insufficient proof of identity;

(b) inappropriate clothing;

(c) refusal to submit to a search when required;

(d) being intoxicated or under the influence of alcohol;

(e) being under the influence of illicit drugs;

(f) unruly behaviour;

(g) uses abusive language;

(h) prisoner declines to meet the visitor;

(i) being in possession of a prohibited item; or

(j) poses a threat to the security of the correctional centre.
  1. Vehicles search
  2. Delivery of property or item for prisoner
  3. Consumable items of prisoners not to be consumed by any other persons
  4. Number of visitors
  5. Visit by legal practitioners
  6. Visit by police

For the purposes of carrying out an investigation, a police officer may enter the correctional centre and visit a prisoner at any time with or without a warrant.

  1. Visit by person under the age of 18 years

A person under the age of 18 years shall not visit a prisoner without:

(a) being accompanied by a parent, guardian or adult sibling; and

(b) the prior approval of the Chief Correctional Officer.
  1. Visit on special occasions
  2. Visiting rules
  3. Property or item for prisoner by visitor
  4. Search at end of visit

At the end of a visit, a prisoner may be searched by an officer before the prisoner is returned to his or her cell.


  1. Cooperation with search or inspection

A prisoner shall:

(a) cooperate with the officer conducting a search or inspection;

(b) declare to the officer any property or item in his or her possession; and

(c) produce to the officer for inspection the property or item that is in his or her possession.
  1. Prohibited items

Where a prohibited item is found in the possession of a prisoner or is supplied by a prisoner to another person, the prohibited item shall be immediately:


(a) confiscated by an officer; and

(b) retained as a property or item of the prisoner under Part 4 unless such prohibited item is directed by the Chief Correctional Officer to be disposed of.
  1. Visit by Judge or Resident Magistrate

PART 8 – AUTHORISED ABSENCE FROM CORRECTIONAL CENTRE

  1. Leave of absence of prisoner
  2. Return of prisoner

PART 9 – CORRECTIONAL OFFICERS

  1. Establishment of positions

The Chief Correctional Officer in consultation with the Secretary and approval of the Chief Secretary may establish such positions for officers in the correctional centre.

  1. Newly appointed officers
  2. Ranks of officers

For the purpose of Section 9 of the Act, the officers of the Correctional Service shall be classified in the following ranks:

(a) Chief Correctional Officer;

(b) Deputy Chief Correctional Officer;

(c) Senior Correctional Officer; and

(d) Correctional Officer.
  1. Training

Notwithstanding Regulation 51, an officer shall undertake any training as recommended by the Chief Correctional Officer.

  1. Expenditure, property or assets

The Chief Correctional Officer is responsible for the expenditure, property and assets of the Correctional Service.

  1. Register of Assets

The Chief Correctional Officer shall ensure that:

(a) a register is kept of the property or items owned or used by the Correctional Service, including correctional centre keys, uniforms and equipment for officers; and
(b) each property or item on the register is checked at least once each month and, if any property or item is lost, stolen, damaged or destroyed or in a state that requires it to be repaired, maintained or replaced, an appropriate note is entered in the register against the property or item.
  1. Disposal of property
  2. Uniform or equipment

PART 10 - REPORTING REQUIREMENTS

  1. Reporting use of force

The Chief Correctional Officer shall, as soon as practicable after an incident occurs in which force is used against a prisoner, report the matter in writing to the Secretary, including:

(a) the name of the prisoner;
(b) the name of the officer;
(c) the purpose for which force was used;
(d) a description of the incident;
(e) the date and time of the incident; and
(f) the gravity of the incident.
  1. Reporting deaths in custody
  2. Quarterly report to Secretary

The Chief Correctional Officer shall, before the end of 7 days after the end of each quarter, provide a written report to the Secretary in relation to the operation of the correctional centre during the quarter, including each of the following:

(a) in relation to officers:
(b) in relation to the property of the Correctional Service:
(c) in relation to prisoners:
  1. Daily records

The Chief Correctional Officer shall ensure records are kept daily in relation to:

(a) the number of prisoners, counted twice daily;
(b) the hours when prisoners go to and return from work, undertake activities, exercise;
(c) the parts of the correctional centre that are inspected or searched and the names of the officers undertaking these duties;
(d) the identity of the visitors and the names of the officers detailed to accompany each visitor;
(e) details of escorts dispatched and the name of the officer in charge of the escort;
(f) the location of each prisoner;
(g) details of the work or activity that prisoners have performed;
(h) the mental or physical illness of any prisoner;
(i) the opening and closing of the correctional centre and the checking of keys;
(j) any unusual or significant occurrence; and
(k) details of any prisoner transferred into police custody and a copy of the transfer order.

PART 11 – MISCONDUCT BY PRISONERS

  1. Misconduct by prisoners

The following acts or omissions constitute misconduct by a prisoner:


(a) disobeying a order, direction or instruction of the Chief Correctional Officer or any other officer;

(b) engaging in a riot, insurrection or disturbance in the correctional centre;

(c) acting in a way that is contrary to the security or good order of the correctional centre or the safety of another prisoner;

(d) aiding or abetting another prisoner or an officer to commit an offence;

(e) assaulting or threatening any person;

(f) acting in a disruptive, abusive, offensive, discriminatory or indecent manner, whether by language or conduct;

(g) engaging in sexual activity with another prisoner or an officer;

(h) practicing witchcraft;

(i) obtaining, consuming or supplying any intoxicating substances or drugs to another prisoner;

(j) obtaining, consuming or supplying alcohol to another prisoner;

(k) smoking or using a tobacco product;

(l) obtaining, possessing or supplying a prohibited item listed in Schedule 3 to another prisoner;

(m) obtaining, supplying or giving goods to or taking delivery of goods from any person without the approval of the Chief Correctional Officer;

(n) consuming any food or other consumable items belonging to another prisoner;

(o) failing to declare any property or item to the Chief Correctional Officer or officer in charge received under Regulation 43;

(p) possessing any property of the Correctional Service without the approval of the Chief Correctional Officer;

(q) entering another prisoner’s cell or leaving allocated cell without the approval of the Chief Correctional Officer or an officer on duty;

(r) damaging any property of the Correctional Service;

(s) engaging in gambling; or

(t) carrying out any work under Regulation 24 in a careless or negligent manner.
  1. Investigation of allegation of misconduct against a prisoner

PART 12 – MISCONDUCT BY OFFICERS

  1. Misconduct by officers

The following acts or omissions constitute misconduct by an officer:

(a) disobeying an order, direction or instruction of the Chief Correctional Officer or the Secretary;

(b) wilfully, negligently or carelessly losing or damaging any record, equipment or property of the Correctional Service;

(c) obtaining, possessing, consuming or supplying alcohol to a prisoner;

(d) obtaining, possessing, consuming or supplying any intoxicating substances or drugs to a prisoner;

(e) attending to duties while under the influence of intoxicating liquor or substances;

(f) obstructing the execution of a lawful arrest of a prisoner;

(g) providing or permitting a prisoner to obtain or possess a prohibited item;

(h) aiding or abetting another officer or prisoner to commit a misconduct under these Regulations;

(i) engaging in a riot, insurrection or disturbance in the correctional centre;

(j) acting in a manner that is contrary to the security or good order of the centre or the safety of another officer or prisoner;

(k) assaulting or fighting with another officer or prisoner;

(l) acting in a disruptive, abusive, offensive, discriminatory or indecent manner, whether by language or conduct;

(m) engaging in sexual activity with a prisoner;

(n) bullying or harassing another officer or a prisoner;

(o) smoking or using a tobacco product in the correctional centre;

(p) consuming any food or other consumable items belonging to a prisoner;

(q) engaging in gambling in the correctional centre; or

(r) performing his or her duties in a careless or negligent manner.
  1. False or misleading information

No officer shall provide any false or misleading information in response to a request for information that is made for official purposes in connection with his or her official duties.

  1. Prohibition against destroying official records
  2. Prohibition against disclosing personal information, correspondence or information classified as confidential
  3. Record, equipment or property of the Correctional Service
  4. Investigation of allegation of misconduct against officer
  5. Complaint against Chief Correctional Officer

A complaint against a Chief Correctional Officer shall be made in writing to the Secretary and shall include the:

(a) full name, residential address and contact details of the complainant;
(b) full name of the Chief Correctional Officer; and
(c) details of the complaint.
  1. Allegation of misconduct against Chief Correctional Officer

PART 13 - MISCELLANEOUS

  1. Communication with prisoners at hospital
  2. Procedure on death of prisoner

Where a prisoner dies in the correctional centre, the Chief Correctional Officer shall ensure that notice of the death is given as soon as practicable to:

(a) a health practitioner; and

(b) the next of kin of the prisoner.

SCHEDULE 1

Register of Prisoners

[Regulation 4]


Details of prisoner:
[insert full name]

[insert full name]

[insert date of birth]

[insert religion]

[insert nationality]

[photo/photo identity]
Height, weight and identification marks if any:
[insert height]

[insert weight]

[insert identification marks if any. For example, scars or tattoos]
Classification:
[insert prisoner classification]
Prisoner number:
[insert prisoner number]
Date of first admission:
[insert date]
Length of sentence
[insert length of sentence]
Nature of offence for which person convicted:

[insert offence]
Date of release:
[insert date]
Record of remission granted or forfeited:
Property brought into the correctional centre:
[list property]
Contact details of next of kin:
[insert full name]

[insert relationship to prisoner]

[insert phone number]

SCHEDULE 2

Register of Visitors

[Regulation 29]


Full name:
[insert full name]
Address:
[insert address]
Contact details:
[insert contact details]
Name of prisoner visting:
[insert prisoner name]
Relationship to prisoner:
[insert relationship]
Visitor identification produced:
[insert identification produced]
Date of visit:
Time in:

Time out:
Signature of visitor:

SCHEDULE 3


Correctional Service Act 2009

[Section 40; Regulation 62(l)]

LIST OF PROHIBITED ITEMS

The following are prohibited items unless specifically authorised by the Chief Correctional Officer:

(a) a camera or other device capable of capturing or recording images, whether digitally or on film or tape;
(b) mobile phone;
(c) laptop;
(d) television;
(e) flammable, corrosive or toxic substance;
(f) intoxicating substances such as alcohol or drugs;
(g) cigarettes or tobacco products;
(h) matches or cigarette lighter;
(i) paint;
(j) glue;
(k) oil;
(l) acid or alkali;
(m) herbicide, fungicide or insecticide;
(n) a pressurised spray canister;
(o) an explosive, explosive device or incendiary device, or a substance or device that can be used in the manufacture of an explosive or incendiary device;
(p) a device or instrument designed or commonly used, or that has been or is capable of being adapted or modified, for the purpose of assisting a prisoner to escape from the correctional centre;
(q) a book, diagram, plan or other document, or audio or video recording, or other material, that instructs, teaches or otherwise guides a person:
(r) pornographic material;
(s) a device that includes a modem or other device enabling it to transmit or receive data to or from a network of computers;
(t) a data storage device.

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