Question – COVID-19 and Tasmania’s Prisons
Questions by Hon Meg Webb MLC on 4 May 2020 answered for the Government by the Hon Elise Archer MP Attorney-General on 7 May 2020
With reference to the COVID-19 Disease Emergency:
Question (la) How many COVID-19 tests have been carried out in Tasmania’s prisons and other detention facilities?
ANSWER: Advice received from Correctional Primary Health Services is that 26 tests have been conducted within Tasmanian prison facilities (as at 5 May 2020). This figure does not include individual staff members who may have individually sought to be tested outside of the TPS.
Question (lb) What have been the results for staff and detainees?
ANSWER: There have been no confirmed cases of COVID-19.
Question (2) What additional measures have been implemented for providing healthcare in places of detention?
ANSWER: Healthcare for prisoners is provided by Correctional Primary Health Services, and healthcare services are provided on a case by case basis. The Tasmania Prison Service is working closely with Correctional Primary Health Services to implement a range of measures to ensure the health, safety and well-being of both prisoners and staff Some specific measures implemented already include:
- isolating all new receptions into custody for a 14-day period;
- screening processes by medical personnel;
- thermal imaging testing all persons accessing prison facilities;
- contingency planning – Business Continuity Plans and Pandemic Action Plans are in place;
- identification a:nd separation of prisoners deemed to be at highest risk;
- clear and regular communication with prisoners and staff;
- temporary cessation of personal visits – introducing virtual visits to maintain contact with family and friends;
- the number of persons entering the prison limited to key personnel;
- the implementation of static team rosters for staff;
- the introduction of social distancing protocols where possible in both staff working areas and in prisoner accommodation;
- PPE equipment and hand sanitising products in place with information sheets on usage;
- additional health and sanitary provisions provided to prisoners, as well as regular advice regarding good hygiene practices, including cleaning communal telephones after each use;
- additional cleaners have been employed and enhanced cleaning schedules are in place, including advice for staff and prisoners;
- prisoner movement is limited;
- ongoing psychological support for prisoners; and
- alternative activities for
The decision to temporarily suspend social visits has not been taken lightly and the Government recognises the importance of family and community connections in the rehabilitation and reintegration of inmates.
Question (3a) What sanitation and social distancing measures have been implemented in Tasmania’s places of detention?
ANSWER: As mentioned above, additional health and sanitary provisions have been provided and extensive cleaning regimes have been put in place across all areas of the Tasmania Prison Service with additional external cleaners being contracted. Both staff and prisoners continue to receive the most appropriate health care and up to date advice about the COVID-19 threat. Applying social distancing practices within a prison environment has its challenges, however this has been implemented, and continues to be implemented. Some measures taken include imposing limitations on the number of staff and prisoners congregating in areas (this includes the cessation of social visits, some educational and training courses, closing of shared gyms and the cancellation of other group sporting events), maintaining, where possible, the standard 1.5 metre distance between people, the implementation of varied work arrangements for staff including where available working from home options, and putting in place temporary restricted walk groups and limited movements of prisoners.
Question (3b) What facilities does this apply to?
ANSWER: All TPS prison facilities and staff working areas.
Question (4) What special measures have been implemented in Tasmania’s prisons and other detention facilities to protect vulnerable people, such as elderly individuals and those with existing health conditions?
ANSWER: The most vulnerable prisoners have been identified through collaboration with Correctional Primary Health Service and the appropriate management of these individuals has been determined based on individual needs. The Tasmania Prison Service has a designated area within the Ron Barwick Prison which is designed to primarily house aged and infirmed prisoners. Since the emergence of the COVID-19 threat, this area has been isolated from the general prison population.
Question (5a) What measures have been taken to minimise the impact of restrictions on prison visits (for example, alternative opportunities to communicate with family online)?
ANSWER:
- Extra resources have been put into alternative communication measures, including the introduction of the Emailaprisoner System-which allows families and community members to conta_ct prisoners through email messages, and the introduction of virtual visits across all prison sites (further information below).
- To assist prisoners communicate via phone, greater access has been provided where possible and all prisoners have been provided additional $20 of phone credit (approximately 100 minutes of phone credit), in addition to a further 60 cents per week (about 1 phone call).
- Mail communication continues to be available.
While personal visits have changed to a video format, these additional measures have resulted in prisoners having access to more avenues to contact their family and friends than before the COVID-19 pandemic. The uptake in this regard has been very successful with positive feedback.
Question (5b) How many ‘video visits’ have taken place since the Attorney-General announced them on 1 April 2020?
ANSWER: As at 5 May 2020, a total of 253 ‘personal’ virtual visits had occurred. These are visits between prisoners and their registered visitors i.e. family and friends. Virtual technology is also being used to facilitate other necessary functions, including with the Courts and Parole Board hearings.
Question (6) As lockdown measures are lifted in stages, is it anticipated that people in detention facilities will be able to receive visitors (with physical distancing as necessary) in the earlier stages of lifting restrictions or will that be at a later stage in lifting restrictions?
ANSWER: The appropriate timing and extent of a lift of visit restrictions will continue to be assessed in accordance with health advice; It is noted that prisoners can still communicate and visit with loved ones and professionals in alternative formats that mitigate the risk of transmission of COVID-19 into the prisons.
Question (7a) How many prisoners and remandees received into custody have been subject to mandatory 14-day isolation since the Attorney-General’s announcement on 29 April 2020?
ANSWER: Mandatory isolation of all new reception prisoners commenced on 27 April 2020. Since that time, 26 new receptions have been placed into mandatory isolation (as at 5 May 2020).
Question (7b) What measures are in place to minimise the physical and psychological harm of this isolation?
ANSWER: The Tasmania Prison Service has issued an operating manual to ensure the appropriate management of prisoners within isolation areas and which includes the provision of set routines for prisoners. These routines have been developed to address the requirement to isolate prisoners from others, similar to people isolated within the community. The provision of equal out-of-cell time for each prisoner has been included within the routines, noting that this will often be limited as it has to be distributed fairly and safely for all accommodated in the area. It is recognised that physical isolation can have a negative impact on a prisoner’s health and wellbeing, and that is why Health and TPS staff will regularly check in and monitor them. Additionally, there is a significant focus on support services available to prisoners who may require assistance with their mental health and are experiencing heightened anxiety regarding COVID-19. Internal services within the Tasmania Prison Service that prov1de counselling and support to prisoners include the Therapeutic Services Team (7 day coverage on-site), the Prison Chaplaincy Team, the Indigenous Offender Team, and Planning and Reintegration staff. Isolated prisoners are able to maintain contact with their families and social supports by mail and telephone, and where possible, by virtual visits. They continue to be offered a range of materials and equipment to keep them engaged and active.
Question (7c) To what extent has this mandatory isolation complied with the Mandela Rules (the United Nations Standard Minimum Rules for the Treatment of Prisoners), for example in terms of access to fresh air, exercise and contact with the outside world?
ANSWER: As above 7(b). Plus external communication addressed above and below.
Question (8a) What has been the impact on the Official Visitors Program?
ANSWER: The Official Visitors voluntarily suspended their visits in March 2020. The Tasmania Prison Service is still facilitating professional visits, where requested.
Question (8b) Have any special arrangements been put in place to allow the program to continue to check on the treatment of prisoners and detainees and to receive complaints from them?
ANSWER: Prisoners may still correspond in writing and by phone with the Official Visitors and other external bodies, such as the Office of the Ombudsman and Custodial Inspectorate.
Question (9a) What has been the impact on rehabilitation and education and training programs for prisoners?
ANSWER: The Integrated Offender Management (IOM) Unit continues to provide rehabilitation and reintegration support to prisoners, including case management, program deliverance and release planning, however in some instances the way that such services are provided has had to be altered. For example, program delivery is sometimes done on an individualised basis rather than through large group program delivery. IOM staff are also maintaining contact with prisoners through alternative means including via phone, virtual visits or via the prisoner computer system. On Monday, 30 March 2020 face to face TasTAFE delivery of Education and training for prisoners was suspended. Prisoners are still able to access individual support and educational resources and materials from Prison Education and Training staff. Tertiary and private study students will continue with their courses through the use of issued laptops.
Question (9b) What measures have been taken to minimise these impacts?
ANSWER: As above.
Question (10) What additional support has been given to community legal centres, legal aid, Aboriginal legal services and other agencies to support prisoners during this time?
ANSWER: The Attorney-General and the Department of Justice continue to actively work with the Commonwealth Government to consider what additional support can be provided by both levels of government to support the legal assistance sector during this time. Following discussions between the Commonwealth, States and Territories, the Commonwealth has committed to providing the sector with an additional $63.3 million to make sure there is access to legal support for those Australians who need it during this difficult time. Regarding access to prisoners, alternative methods of communication have been provided, including virtual visits, to ensure that legal practitioners continue to have access to their clients.
Question (11) What measures have been implemented to reduce the number of people in prisons and other detention facilities, for example by supporting bail applications and parole applications where possible, especially for elderly and vulnerable prisoners?
ANSWER: The Tasmania Prison Service continues to ensure all prisoners can apply for bail and/or parole should they wish to do so. The Tasmania Prison Service facilitates prisoners appearing in person or by video link at court for bail applications (depending on what the court requires) and the Parole Board continues to assess prisoners via increased video link facilities at the prison. Decisions as to outcomes on bail applications is a matter for the courts and parole applications for the Parole Board, and policies around supporting applications of these kind are also not in the discretion of the Tasmania Prison Service.
Question (12) Will the Government follow the example of some other states and jurisdictions around the world by introducing legislative measures to reduce the number of people in prisons and other detention facilities, for example:
- to require bail and sentencing courts to consider COVID-19 risks in their decisions
- to provide for the early release of vulnerable prisoners who present a low risk to the community, and
- to facilitate remote supervision of bail and community corrections?
ANSWER: This is not being currently being considered by the Tasmanian Government. The Tasmanian Government and the TPS has been continually reviewing and implementing comprehensive measures to manage and combat the COVID-19 risk in prison facilities, but will always ensure the safety of our community remains a priority.
