R2 Going to prison - NSW Department of Justice
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2
Chapter
Going to
prison
20
How to locate your friend Reception at the correctional
or family member in a centre
correctional centre There are reception centres around the
To find out where someone is in the state, but most people will go to the
corrective services system, contact MRRC (Metropolitan Remand &
Sentence Administration on 8346 1310 Reception Centre) at Silverwater for
(9am–5pm Mon–Fri). After hours men or Silverwater Women’s
(7 days until 10pm) 9289 5258. Correctional Centre (formerly known
as Mulawa) for women.
You’ll need their date of birth or their
MIN, a six-digit identification number All prisoners go through a reception
that’s given when someone enters process. This includes:
the correctional system in NSW for the ■ Handing in personal property to
first time. It will be their identification be stored while they’re in custody
number any time they’re in a ■ A strip search
correctional centre. Families should
■ A shower, and provision of
obtain this number from the person
correctional centre clothing,
in the correctional centre as soon as
bedding and basic toiletries
possible, and write it somewhere safe.
■ Health assessment by a qualified
How long will they be Justice Health nurse. This covers
incarcerated? physical and mental health
When the court sentences an offender issues, any current prescription
to be imprisoned for more than 36 medication, and history of drug
months, there may be a minimum and alcohol use
(non-parole) prison term set, followed ■ Assessment of immediate risk of
by a period of time which may be self-harm or suicide. If immediate
spent in the community on parole. concerns are identified, the
Prisoners can’t receive time off their prisoner will be closely watched.
sentence for good behaviour during See p.163 for more information about
this period, so you should expect that specialist services for prisoners who
they’ll serve the full amount of their may have health issues or need
minimum sentence. additional assistance.
The Families Handbook21
Prisoner orientation Participation in programs can help
Going to prison
While prisoners are waiting during prisoners move faster through the
reception, they may see a video that system and can help when they apply
explains the reception process and for parole (see p.142). To participate in
gives them information about prison programs, prisoners should talk to the
life and services. They’ll find out about Manager Offender Services and
phone access and visiting, and be given Programs (MOSP) or case management
information about looking after their team. Programs may only be available
health and safety. at certain prisons and may be in high
demand. Prisoners may need to wait
They may be introduced to an inmate
until vacancies become available.
delegate. Delegates are prisoners who
are familiar with the prison system and Employment
can help other prisoners to cope. Remand prisoners can ask to be
They can refer prisoners to services employed. Sentenced prisoners are
and/or programs, explain the expected to work. They may be
correctional system, and provide support employed directly in providing prison
to vulnerable prisoners. There are services (e.g. being a sweeper (cleaner)
Aboriginal delegates, and delegates from or working in food preparation) or may
different cultural and religious groups. work on commercial projects for CSI
(Corrective Services Industries). CSI
Prison activities services include laundry, food
Programs preparation, light engineering,
farming, telemarketing, printing and
Correctional centres provide various
packaging. See www.csi.nsw.gov.au for
programs to help address issues which
more information on CSI.
may have led to prisoners being
incarcerated. These include: Prisoners will be paid for their work but
at a lower rate than in the community.
■ Alcohol and other drugs programs
Wages will be paid into their prison
■ Violence prevention programs account to purchase items through the
■ Sex offenders programs ‘buy up’ system (see p.63 for details of
■ Young offenders programs. buy up).
Self-help groups like AA (Alcoholics
Anonymous) or NA (Narcotics
Anonymous) are offered in some
correctional centres.22
Education Recreation
A range of education options is Prisoners will spend quite a lot of
available in correctional centres. time locked up in their cells. They may
Prisoners can find out about courses watch TV or read. Most correctional
through education staff or through centres have libraries, or prisoners may
case management meetings. have books in their unit. Newspapers
AEVTI (Adult Education and Vocational may be available, or may be ordered
Training Institute) provides courses through the buy up system. You may
focusing on reading, writing and able to send in newspapers or
number skills up to Year 10 standard, magazines. You won’t be able to send
and work skills training, to help books, as these are too time-consuming
prisoners find work when they leave to check, and you aren't allowed to
the correctional centre. AEVTI send in pornographic magazines.
certificates are recognised around Outside their cells, prisoners may be
Australia. Courses include: able to play sports like football or
■ General education basketball or use a gym.
■ Communication Religion
■ Information technology Prisoners can practise the religion of
■ Koori education their choice while in prison.
■ Visual art. Chaplaincy services are provided by
major Christian denominations and
TAFE courses are also offered to prisoners
representatives from the Muslim,
in some correctional centres. Prisoners
Buddhist and Jewish communities.
can complete courses in the community
Prisoners can access a chaplain by
once they’re released if they don’t finish
contacting the Welfare Officer, Service
while in the correctional centre.
& Program Officer or other staff person.
Courses may include: If you wish to speak to a chaplain, call
■ Aboriginal arts and cultural the prison and ask what days the
practice chaplain of your faith visits the prison
■ Food skills and how you can get in contact with
him or her.
■ Business skills
■ Horticulture
■ Trade skills
■ Information technology.
The Families Handbook23
Food prisoners try to act ‘tough’ so they
Going to prison
Prisoners are provided with three meals won’t be seen as vulnerable. Others
a day. The food is prepared by prisoners try to stay safe by withdrawing and
under supervision. Special diets can be keeping a low profile. You may notice
provided for religious (e.g. Muslim or changes in your family member as
Jewish) or health reasons (e.g. diabetic). they develop strategies for coping in
Meals will usually be eaten in the correctional centre.
prisoners’ cells, although some units Some prisoners will even cut off
may have dining tables if prisoners contact with families outside because
aren’t locked in. they find it hard to open up to family
Prisoners may be able to purchase for visits and phone calls then close
lollies, cake mixes, noodles, sauces, down during day-to-day life in the
tinned food and rice through the buy correctional centre.
up system. They may also be able to However, prisoners with strong family
buy a sandwich maker or rice cooker ties generally do better when they’re
for use in their cell. (See p.63 for more released. If you’re finding that your
details about buy up.) family member seems emotionally
withdrawn, or is not making contact
Coping in prison as often as you’d like, it may help to
In the correctional centre, new inmates understand why this may be occurring.
will need to cope with: Don’t assume that this behaviour
■ Loss of personal freedom means that the person doesn’t love
■ Separation from people they love you or care about you anymore. If
you’re concerned about the emotional
■ Fear and uncertainty about
wellbeing of your loved one, please
prison life.
contact the correctional centre and ask
The early days and weeks can be the to talk to the Welfare Officer, Service &
hardest. Many prisoners feel depressed, Program Officer, other staff person or
anxious and fearful during this time. General Manager, so that support can
Correctional centres can be tough be provided to your family member.
places, and, while the levels of violence
have decreased in recent years, bullying
still does occur. Many prisoners feel
that showing sadness, fear or distress
may make them appear ‘weak’. Some24
Classification of prisoners Male prisoner classo levels
(classo) A1 and A2 – maximum security, where
Classification is the process of determ- prisoners are always within secure
ining the level of security for the prisoner. physical barriers, e.g. walls, towers,
They’ll be placed in a correctional centre electronic surveillance
which serves that classification. B – medium security; there are physical
Decisions about classification are based barriers, but lower walls and less
on sentence length, on the prisoner’s security than maximum. Prisoners may
program and support needs, and on have longer visits
vacancies in different centres. Prisoners C – minimum security:
can ask for the location of their family to ■ C1 – prisoners confined unless
be taken into account. This doesn’t with an officer
guarantee prisoners will be able to be
■ C2 – can do community projects
close to family.
under supervision
For most prisoners, classification and
■ C3 – can go into the community
placement recommendations are made
without supervision on day or
by the Case Management Team (CMT)
weekend leave, education leave or
that meets with the prisoner after
work release.
they’re sentenced and then every 12
months. The final decision is made by Prisoners who have escaped from a
the Corrective Services Case correctional centre will be given an ‘E1’
Management Committee. classification in maximum or an ‘E2’ in
medium security correctional centres.
For serious offenders (who have a
They can apply to the Escape Review
sentence for life, or 12 years or more),
Committee to have this changed to a
decisions about classification are
‘C’ classification.
monitored by the Serious Offenders
Review Council (SORC), and the Serious offenders will probably start off
Corrective Services Commissioner with an A1 or A2 classification, and it will
has the final say. take a long time for them to come down
to a B. Prisoners with short sentences
won’t get work release or day release.
If you have questions about
classification, talk to the Manager
Offender Services and Programs (MOSP)
at your family member’s correctional
The Families Handbook25
centre. You could also contact the Transfer of prisoners
Going to prison
Inmate Classification and Case Prisoners can be transferred at any
Management Branch at Corrective time. They may not get much notice
Services NSW on 9289 5035. when this happens. Prisoners are
Women prisoner classo levels responsible for telling family members
Category 4 – continuous supervision that they’ve been transferred – you
within walls won’t hear from the correctional centre.
Always check with the correctional
Category 3 – behind a physical barrier
centre before visiting so you can be
unless supervised
sure your family member is still there.
Category 2 – may not be behind a
You can expect that prisoners may be
barrier but will be supervised. Can do
transferred after they’ve been sentenced,
community projects under supervision
or when their classification changes. They
Category 1 – can go into the may also be transferred to access services
community without supervision on day such as health or specialist programs.
or weekend leave, education leave or Sometimes you may not know why
work release. someone has been transferred.
Prisoners who have escaped from a See p.20 for information on how to find
correctional centre will be given an ‘E’ a prisoner if they’ve been transferred.
classification. They can apply to the
Escape Review Committee to have this Protection
changed. If there are concerns that a prisoner is
Serious offenders will probably start at risk of harm from other inmates,
with a category 4, while others will they can be placed on protection (also
enter as a category 3 or 2. called ‘limited association’). Protection
means being placed in a special section
of the correctional centre, or being sent
to a correctional centre where everyone
is on protection. Protection orders are
reviewed after 14 days, then after three
months and six months.
Prisoners can ask to be placed on
protection, or the General Manager
may place them on protection because26
of information received from inside or I’m worried about sexual and
outside the correctional centre. physical assault and bullying
Although protection may offer Although violence and sexual assault
prisoners a safer environment, the do occur in correctional centres from
decision to go on protection should not time to time, this happens much less
be taken lightly. Issues with protection often than people think. Prisoners
may include: who keep a low profile and don’t get
■ Many correctional centres providing involved in ‘prison politics’ can usually
protection are in country areas, avoid trouble. If you have reason to
which may mean the prisoner is believe that your family member is
more likely to be away from family. getting bullied (‘stood over’) in prison,
you should tell a correctional centre
■ Going on protection may make it staff member immediately.
harder to access education or other Correctional centre staff will need
programs. some information before they can take
■ Other prisoners can have negative action. Useful information can range
attitudes to prisoners who have from being told about an incident to
been on protection. This can make simply noticing a change in your family
it very difficult to go back into the member’s behaviour that has made
mainstream after being on you feel worried.
protection. Your family member may have told
you not to tell correctional centre
Segregation (segro) staff about their situation because
Segregation is isolation for prisoners they fear that talking to authorities
who pose an extreme risk to other about another prisoner will make
prisoners or staff of the correctional their situation worse. In such
centre. The decision about segregation situations you may also feel it’s best
is made by correctional centre staff, not to do anything. You could consider
and prisoners don’t have a choice. informing the correctional centre
anonymously by phone call or letter.
If you aren’t sure what to do, contact
CRC (Community Restorative Centre)
on 9288 8700. For more information
about CRC see p.5.
The Families Handbook27
I’m concerned about self-harm Who may be particularly vulnerable?
Going to prison
Sometimes people intentionally hurt Several risk factors for suicide and self-
themselves, e.g. by cutting themselves. harm have been identified. Prisoners at
This is a sign of distress, and they need higher risk include those:
support and understanding. People ■ who are ‘first timers’ or on remand
who self-harm may not be suicidal.
■ who have suffered a recent death
They may be using self-harm as a way
of a friend or family member
of expressing feelings that they can’t
deal with in other ways. ■ who have recently experienced a
broken relationship
What signs indicate that someone
might be at risk? ■ without family or friends to visit
and care about them
Your family member might seem
unusually quiet and withdrawn, or just ■ with a history of depression or
not interested in things. They may look other psychological disturbances
like they’ve stopped taking care of ■ with a history of self-harm or past
themselves. They may express a loss of suicide attempts
hope for the future or a loss of ■ with a history of substance misuse.
meaning in their life. They may have
Responses that are helpful
told you that they’re scared for their
personal safety, or that they’re feeling ■ Ask your family member directly
intense despair and that things are out whether they want to self-harm or
of their control. In some cases, a commit suicide. Contrary to
suicidal person may drop ‘hints’ about popular belief, this question won’t
their intentions, for example saying ‘put the idea in their head’. It often
something like ‘You won’t have to allows people to express something
worry about me much longer anyway’. that they’ve kept bottled up for fear
of worrying people.
■ Let them know you’re there for
them to talk to if they need to.
■ Accept and acknowledge that your
family member is in pain, without
judging them.
■ Support and encourage them to
get psychological help.28
■ Be available to them, but also set it’s not. Many people find self-harm
reasonable limits about how often frightening.
you can visit them in prison, send ■ If you need help dealing with your
letters or speak on the phone. feelings, talk to a counsellor, social
■ Make it clear from your behaviour worker or psychologist. (See
that they don’t need to self-harm in ‘Getting support’ on p.136.)
order to receive love and caring What should I do?
from you. Be consistent with caring
If you have concerns about your family
gestures, even if they’re not always
member in a correctional centre:
returned. Don’t withdraw your love
from your family member. ■ Report your concerns to staff in the
visitors centre before you leave the
Responses that are not helpful
correctional centre, or
■ Shouting at your family member.
■ Ring the prison and speak to a
■ Calling their behaviour ‘attention Services and Programs Officer,
seeking’. Welfare Officer or other staff
■ Blaming them or someone they member (see inside back cover
care about. for prison phone numbers), or
■ Pleading with them to try and stop ■ Ring the Justice Health 24 hour
it, or using emotional blackmail Telephone Counselling Service on
such as ‘If you loved me you 1800 222 472. This counselling
wouldn’t do this’. service is for inmates, their
■ Telling them to ‘pull yourself relatives and friends as well as
together’, ‘toughen up’ or ‘get Corrective Services officers who
over it’. may be concerned about the
welfare of a person in a
Look after yourself
correctional centre. The line is
■ Look for information about self- staffed by trained mental health
harm behaviour and suicide. nurses who address the concerns
If you have internet access try raised by the caller and feed back
www.reachout.com.au or information about the outcome.
www.livingisforeveryone.com.au. The counsellor can also help
■ Be honest with yourself about how families with referrals to
self-harm makes you feel. Don’t community services.
pretend to yourself that it’s okay if
The Families Handbook29
I’m concerned that my
Going to prison
family member may need Need help?
psychiatric help Note that 1800 numbers are
free for calls from a landline but
All prisoners are assessed on reception. may only be available in certain
Mental health screening units operate locations, e.g. outside Sydney.
for men and women at Silverwater so Some may charge for calls from
that inmates with mental health issues mobile phones, so check this if
who are identified during reception can you need to call from a mobile.
be assessed and stabilised. Check with your local library for
Inpatient mental health services are free internet access.
provided for male and female prisoners
with acute psychiatric problems at the Justice Health 24 Hour
Forensic Hospital, located outside the Telephone Counselling
perimeter of the Long Bay Correctional Service
Complex. The hospital is operated by Staffed by mental health nurses
Justice Health (funded by NSW Health). for prisoners, their families and
Justice Health employs psychiatrists correctional centre staff.
and mental health nurses. Some 1800 222 472
psychiatric services for regional areas
are provided through video link (called Lifeline
Telehealth). Free and confidential counselling,
Psychologists employed by Corrective 24 hours.
Services NSW provide treatment services 13 11 14
in conjunction with health staff. Many
Mental Health Information
prisoners have mental health issues, and
Service
services prioritise those prisoners with
the most urgent needs. Details of mental health services
in NSW, information about
If you’re concerned that your family
mental health, and details of
member has an untreated mental
support groups.
illness, talk to staff at the correctional
centre or phone Justice Health on 1300 794 991
1800 222 472.30
My family member has an Statewide Disability Services can be
intellectual disability involved with prisoners with a wide
range of disabilities, including people
Prisoners with disabilities will generally
across the range up to borderline
be identified during the reception
intellectual disability, people with
process. Although many prisoners
acquired brain injury, and people with
with disabilities are able to be
functional difficulties who may not
accommodated in mainstream
have a clear diagnosis. Where prisoners
correctional centres, there are two
have mental health issues, these are
units which are just for prisoners with
managed by staff from Justice Health.
intellectual disabilities, one at Long
If a prisoner has a dual diagnosis that
Bay (Malabar) and one at Goulburn.
includes a physical or intellectual
Corrective Services NSW has a disability, Statewide Disability Services
Statewide Disability Services Unit will address the disability issues.
(Ph: 9289 2136 or 9289 2091). Staff
The families of those with disabilities
from the unit are involved in case
may already have experienced many
management and pre-release planning
challenges, including isolation and lack
for prisoners with disabilities where
of support. Coping with their family
needed. Some people won’t need
member’s imprisonment may feel like
additional support because they’re
the last straw. It may be helpful to
already linked with services.
know that people with a wide range of
Generally, if families are concerned disabilities have been accommodated
about a family member with a in correctional centres, including
disability, the best starting point is to people with Down syndrome, Asperger
talk with a Welfare Officer, Service & and other autism spectrum disorders,
Program Officer or other OS&P staff at fragile X and cerebral palsy.
the correctional centre. However, if
Being questioned by police or
families remain concerned, they can
appearing in court can be very difficult
contact Statewide Disability Services
for people with an intellectual
and discuss their family member’s
disability. The Intellectual Disability
needs with staff there. If you have
Rights Service provides legal casework
copies of reports about your family
and advice for people with intellectual
member’s disability, these can be very
disabilities. They have access to
helpful in assessment and planning,
prisoners in correctional centres, and
and you can forward them to Statewide
can assist people who are being
Disability Services (Fax: 9289 2134).
The Families Handbook31
interviewed by the police. They can also Criminal Justice Support Network,
Going to prison
give advice about guardianship, wills through which trained volunteers
and care and protection matters where can assist people with intellectual
a parent has an intellectual disability. disabilities who are being interviewed
They have a volunteer network, the by police.
Need help?
Note that 1800 numbers are free for calls from a landline but may only be
available in certain locations, e.g. outside Sydney. Some may charge for calls
from mobile phones, so check this if you need to call from a mobile. Check
with your local library for free internet access.
Intellectual Disability Rights NSW Council for Intellectual
Service Disability
A Community Legal Centre working Provides information and referral
with people with intellectual on a range of issues, including where
disabilities. people with intellectual disability
9318 0144 are involved in the criminal justice
system.
1800 666 611
9211 1611
Criminal Justice Support 1800 424 065
Network (24-hour Helpline) www.nswcid.org.au
1300 665 908
Statewide Disability Services
www.idrs.org.au
(Corrective Services NSW)
Multicultural Disability Case management and pre-release
Advocacy Association planning for prisoners with
Provides advice, information and disabilities; contact them if you
referrals for people from culturally have spoken to an Offender Service
and linguistically diverse backgrounds & Program Officer at your family
with a disability and for their families member’s correctional centre but
and carers. are still concerned about your
family member with a disability.
9891 6400
Ph: 9289 2136 or 9289 2091
1800 629 072
Fax: 9289 2134
www.mdaa.org.au32
My family member is My family member is a
transgender forensic patient
Corrective Services NSW has written A forensic patient (sometimes called a
guidelines for the management of forensic prisoner) has been charged with
transgender inmates. If a prisoner a crime but is dealt with differently
advises Corrective Services staff because they have a mental illness.
that they’re transgender and DCS Some forensic patients are detained in
identifies them as such, they can
prison and some in psychiatric hospitals.
choose to go to a correctional centre
The Mental Health Review Tribunal
of their gender of identification or
reviews all forensic patients at least every
their biological gender.
six months and makes recommendat-
Wherever they choose to be housed, ions to the Minister of Health regarding
they have the right to dress in clothing detention, treatment, transfer and
and buy personal care items of their release, under conditions if necessary.
gender of identification. Corrective
Services policy directs that staff There are three kinds of forensic
should refer to them by the name patients. (A government review is
appropriate to their gender of currently being conducted, so there may
identification. Hormone therapy is be changes to these arrangements.)
generally only available to transgender ■ Unfit to be Tried
prisoners who were receiving this If a court finds a person unfit to be
treatment prior to incarceration. tried, the Mental Health Review
A prisoner can make application to be Tribunal decides if they’ll be fit in
identified as transgender at any time the next 12 months. If they can’t be
in their sentence. They can access tried in that time, they may appear
services from transgender support before a special hearing which can
groups and specialist legal services. return a qualified finding of guilt
and decide how long the person
will be detained.
Need help?
The Gender Centre
Information and outreach support
for people with gender issues.
9569 2366
www.gendercentre.org.au
The Families Handbook33
Transferees and Detained Persons strong reaction in a local community.
Going to prison
■
on Remand Sometimes people within the family
A prisoner serving a sentence, may be victims too..
or a person on remand, may A Forensic Patient Victims Register is
be transferred to a hospital if kept by Justice Health. Victims can be
involuntary treatment for a notified of forthcoming Tribunal
mental illness becomes necessary. hearings and their outcomes, and can
■ Not Guilty by Reason of make submissions to those hearings.
Mental Illness Families may find it unsettling that
At a trial or special hearing, the their family member’s circumstances
court may find a person not guilty are being reviewed regularly, so
by reason of mental illness and that the possibility of the forensic
refer the matter to the Mental patient returning to a mainstream
Health Review Tribunal. The person correctional centre or being released
must then be detained in a is always on the agenda. See p.34 for
hospital or prison until released agencies that can offer support to
in accordance with a Tribunal families facing such issues.
recommendation.
Forensic patients are entitled to
Forensic patients are not eligible for representation from a solicitor when
parole, home detention or work release. appearing before the Mental Health
After completing detention they may Review Tribunal.
be transferred to a secure hospital
ward, or placed on community
treatment orders.
Having a family member who is a
forensic patient brings extra stresses.
Some people may believe that the
forensic patient has avoided
punishment if they haven’t been tried
in the usual way. Victims or their
supporters may feel unhappy that they
haven’t had their story heard by a
court. Their reactions may make things
more difficult for the family, especially
if there has been media coverage, or34
What health care is available
Need help? in correctional centres?
Note that 1800 numbers are free for
Health services are provided in
calls from a landline but may only
correctional centres by NSW Health
be available in certain locations, e.g.
through Justice Health. Justice Health
outside Sydney. Some may charge for
nurses staff clinics at all correctional
calls from mobile phones, so check
centres in NSW. Prisoners who are ill
this if you need to call from a mobile.
or injured receive treatment at the
Check with your local library for free
correctional centre clinic. Prisoners who
internet access.
need surgery or complex treatment
Forensic Patient Victims may be transferred to a correctional
Register centre with the necessary facilities.
Information about the Forensic This will usually be Long Bay at Malabar
Patient Victims Register. or Silverwater Women’s Centre.
Sometimes services will be accessed
8372 3070
through local hospitals.
Mental Health Advocacy Service Doctors and dentists visit clinics to
(MHAS) provide medical and dental services.
Advice about legal representation for After screening at reception, prisoners
forensic patients at Mental Health receive a detailed medical check-up.
Review Tribunal hearings and about Health plans can be developed and
issues of mental health law. reviewed each year for prisoners with
9745 4277 longer sentences. Before discharge,
prisoners can receive assistance from
Mental Health Review Tribunal Justice Health to ensure they can
(MHRT) continue to access medical treatment
Reviews circumstances of forensic in the community.
patients. Optometry services can be accessed
1800 815 511 at most correctional centres through
www.mhrt.nsw.gov.au local contracted optometrists who visit
the centre.
At some correctional centres, Aboriginal
prisoners may also be able to access
medical services provided by Aboriginal
medical organisations.
The Families Handbook35
Your family member may not be able with their mothers as part of the
Going to prison
to get health care straight away. Occasional Care Program can be up to
There may be delays because of staff primary school age. To be accepted into
shortages or difficulties with transport. the program, women and their children
Sometimes correctional centre staff must be assessed, recommended by a
may not agree that your family committee, and approved by the
member has a health problem, or may Commissioner. This can take up to
not prioritise their treatment. See p.28 eight weeks after a woman is
on ways to advocate for your family sentenced. The Mothers and Children
member if you’re concerned that Program is based at Emu Plains and
they’re not getting health care that the Parramatta Transitional Centre.
they need. If you have an urgent Generally women and children join the
concern, ring the 24 hour Justice program at Emu Plains, and may move
Health Telephone Counselling Service to Parramatta to prepare for release.
on 1800 222 472. While women are on remand they can’t
Justice Health also promotes public have children with them. Women on
health projects such as vaccination and remand often have to move between
stop smoking programs. Justice Health correctional centres while their case is
can be contacted on 9289 2977. being heard, and most correctional
centres don’t have facilities for mothers
Can mothers have children and children. Women can apply to be
living with them in a accepted into the Mothers and Children
correctional centre? Program while on remand to reduce
Once women are sentenced they may the waiting time to join the program
be able to have children living with after they’re sentenced. If a woman
them in the Mothers and Children gives birth while on remand, she won’t
Program if they meet the program be able to care for her baby in a
requirements. In the program, children correctional centre unless she is
can live with their mothers full time accepted into the Mothers and Children
until they start school. If a woman gives Program after she is sentenced.
birth in a correctional centre while Children of women on remand are
serving a sentence, she may be able to generally cared for by family. Where
keep her baby in her care while this is not possible, they’re usually
participating in the Mothers and placed in foster care through the
Children Program. Children staying Department of Community Services36
(DoCS). Once a woman on remand Can prisoners be transferred
gives birth, decisions will need to be interstate or overseas to be
made quickly about who will care for
closer to family?
her child. It’s best for everyone if the
mother and her extended family can Under some circumstances, prisoners
plan ahead to make arrangements can be transferred from NSW to other
about who will care for the baby. states of Australia, or from those states
to NSW. Prisoners can apply in writing
for a transfer to be considered.
Need help?
Decisions about transfers are made
Mothers and Children Program by the State Minister or the Common-
(Corrective Services NSW) wealth Attorney-General, depending
The Mothers and Children Program on whether the prisoner was convicted
Coordinator can talk to families under State or Federal law. Decisions
about options for children to be about transfers can take some months
cared for by their mother within a to process. Applications may be
correctional centre, and can visit refused because of concerns about
women who may be eligible for the the administration of justice, or other
program to discuss their plans for matters. Prisoners can’t appeal the
their children. refusal of transfer application, and
9854 7225 applications can only be made once
within each 12-month period.
Prisoners can discuss transfer
applications with the Services and
Programs Officer or Welfare Officer at
their correctional centre. The prisoner
must make the application for a
transfer – it’s not possible for family
to apply on their behalf.
The Families Handbook37
Prisoners may be able to apply for a
Going to prison
transfer to or from Australia in certain Need help?
circumstances. Transfers must be agreed Note that 1800 numbers are free
to by both countries, and the processing for calls from a landline but may
of applications is likely to take a long only be available in certain
time. The countries involved must reach locations, e.g. outside Sydney. Some
agreement about the length of sentence may charge for calls from mobile
the prisoner will serve once they’re phones, so check this if you need to
transferred. Generally, only Australian call from a mobile. Check with your
citizens can be transferred from local library for free internet access.
overseas countries to Australia. Similarly,
overseas countries will generally only Prisoners Legal Service
accept transfers of their own citizens. A Legal Aid service for prisoners.
Solicitors visit correctional centres
Australia has extradition arrangements
across NSW and prisoners can
with some countries. This means that
make an appointment to see them.
people can be apprehended in one
country and sent to another country 9219 5888
to face court charges. 1800 806 913
NSW Law Society Pro Bono
Scheme
Provision of free legal representation
where Legal Aid has been refused.
9926 0367
www.lawsociety.com.auWe can’t even tell you where he is 38 Sandra’s son was charged in another state, and was sentenced and imprisoned there. She describes what it’s been like having a family member in prison so far away from home. When my son went to prison it just came out of the blue. It was very much out of character. He just went away saying he was going on a short trip interstate with friends and he’d soon be back. The next thing I knew the police were at the door saying he was in the remand centre in another state. It was a big blow because I really didn’t know how I could get information from interstate. They told me the name of the centre, but that didn’t mean anything to me. It took me a while to find out where he was. We found out he could get bail, so my husband drove there and managed to get him out and he came home until his trial. Even though I had a very good lawyer it was still very difficult, because you’re not prepared. On the day he was convicted, one minute he was there standing in the dock, and the next minute he was gone without us even being allowed to say goodbye. My lawyer said I could visit him at the remand centre and gave me the address. I managed to last through the night, and next morning I went to the remand centre, and they said ‘We can’t even tell you where he is’. The lawyer didn’t even know that I couldn’t visit him until he’d been processed. I was alone in a strange city where I didn’t know anyone. It was the weekend – I couldn’t get in touch the lawyer. I stayed through the weekend, and on the Monday I managed to find out where he was. I asked if I could phone him – I didn’t even realise that he wouldn’t be able to get phone calls. It’s like you’ve entered a different world where you’re an alien. Even when I went to visit it was so hard – there was no one I could talk to and no one to support me. They said ‘You can have a double visit because you’re from interstate’. There was barbed wire, tall walls; I really thought that my son would never see the daylight. I had no idea. That’s where you need the support, to know what it’s going to look like, to know what happens in the prison. The more people know realistic information about prison, the easier it is to digest, rather than leaving it to your imagination. The Families Handbook
39
Real life story
‘These days I visit my son once every three
months. If you know your rights as a family
member, you can get things done.’40 Before the visit the adrenaline kept me going, but then I felt such loneliness and isolation afterwards. I just wanted to be with people, and I went and sat at the back of a church during one of the services. Someone turned round to say hello and I burst out crying. From that I met two people who became very good friends, and I would see them when I went to visit my son. The social worker at the remand centre kept in touch with me too. She was terrific. I called them my three angels. Knowing them normalised my life there. If I felt a bit low I could call them. Knowing someone there made me feel like I belonged too. Now I know his routine, I know when he comes out, I know when he’s locked up. I know what times he comes out, I know when he has meals, I know the date he’s going to try to ring me. I can put money in his account if he doesn’t have money. It’s a new lifestyle you have to adapt to. When he rings, the time is very limited. All you can say are positive things. The hardest thing is when he says he’s been unwell. When I’m at the prison I’m a different person. I think of myself as someone with a strong personality and able to make decisions fairly well, but when I’m there in that prison system I’m stripped of everything, I’m absolutely helpless. I get confused, I start stuttering, I can’t express myself properly. These days I visit my son once every three months. If you know your rights as a family member, you can get things done. My son was in the assessment centre then one day out of the blue he called me and said ‘Mum, I’ve moved’. I didn’t even recognise the name of the town and I didn’t know how I would get there. I had to leave on the Friday to get the evening plane interstate, then take the bus for a four-hour trip and stay the night. The only hotel I could stay at was on the highway. I would go and visit him the next morning, stay the whole day and then get the bus back to the city. It was pouring rain and there was only a bus shelter. The majority of the prisoners were Aboriginal and the bus shelter was filling up with women who had come from other parts of the state. They were waiting with me there in the rain with no proper shelter. The Families Handbook
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