Corrections Amendment Bill - Amendment paper No 082
Corrections Amendment Bill - Amendment paper No 082
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Corrections Amendment Bill - Amendment paper No 082
No 82
House of Representatives
Amendment Paper
Corrections Amendment Bill
Proposed amendments
Tamatha Paul, in Committee, to move the following amendments:
Clause 4
In clause 4(4), after the definition of remote access facility (page 7, after line 12), insert:
restriction—
(a)
includes limiting the amount of contact with other prisoners; but
(b)
does not allow the ability to associate with other prisoners to be denied
Clause 10
In clause 10, insert as subclause (1) (page 9, before line 25):
(1)
Delete section 43(3)(a)(iii).
New clauses 12AA to 12AD
After clause 12 (page 10, after line 14), insert:
12AA New section 56A inserted (Solitary confinement)
After section 56, insert:
56A Solitary confinement
(1)
No prisoner may be kept in solitary confinement at any time.
(2)
In this section, solitary confinement—
(a)
means the social and physical isolation of a prisoner for 22 or more hours per day and includes—
(i)
confinement to a cell or jail for more than 20 hours per day:
(ii)
isolation outside of a cell or jail:
(b)
does not include segregation in accordance with sections 58 to 60.
12AB Section 57 replaced (Denial or restriction of prisoner’s opportunity to associate with other prisoners)
Replace section 57 with:
57 Segregation
(1)
Segregation means a temporary restriction on the opportunity of a prisoner to associate with other prisoners.
(2)
The segregation of a prisoner may occur in accordance with sections 58 to 60.
12AC Section 58 amended (Segregation for purpose of security, good order, or safety)
(1)
In section 58(1), delete “or denied”
.
(2)
In section 58(3)(a), delete “or deny”
.
(3)
In section 58(3)(c), replace “14 days”
with “3 days”
.
(4)
In section 58(3)(d)(i), replace “1 month”
with “7 days”
.
(5)
In section 58(3)(d)(ii), replace “3 months”
with “14 days”
.
(6)
In section 58(3)(e), replace “3 months”
with “14 days”
.
12AD Section 59 amended (Segregation for purpose of protective custody)
(1)
In section 59(1), delete “or denied”
.
(2)
In section 59(1)(a), delete “or denied”
.
(3)
In section 59(4)(a), delete “or deny”
.
(4)
In section 59(4)(b), after “the chief executive”
, insert “or a Visiting Justice”
.
(5)
In section 59(4)(c), replace “14 days”
with “3 days”
.
(6)
Replace 59(4)(d) with:
(d)
must, if it continues in force because of a direction under paragraph (c),—
(i)
be reviewed by the chief executive at intervals of not more than 7 days:
(ii)
expire after 14 days unless a Visiting Justice directs that it continue in force:
(e)
must, if it continues in force because of a direction under paragraph (d)(ii), be reviewed by a Visiting Justice at intervals of not more than 14 days.
Clause 12A
In clause 12A, insert as subclauses (1) to (4) (page 10, before line 16):
(1)
In section 60(1),—
(a)
delete “or denied”
:
(b)
replace “is desirable”
with “is necessary”
.
(2)
After section 60(2)(b), insert:
(c)
the direction—
(i)
must be revoked by the prison manager if the health centre manager advises that there ceases to be any justification, under subsection (1), for continuing to restrict the opportunity of the prisoner to associate with other prisoners:
(ii)
may be revoked at any time by the chief executive or a Visiting Justice:
(iii)
expires after 3 days unless, before it expires, the chief executive directs that it continue in force:
(iv)
if it continues in force because of a direction under subparagraph (iii), must—
(A)
be reviewed by the chief executive at intervals of not more than 7 days:
(B)
expire after 14 days unless a Visiting Justice directs that it continue in force:
(v)
if it continues in force because of a direction under subparagraph (iv)(B), must be reviewed by a Visiting Justice at intervals of not more than 14 days.
(3)
Delete section 60(3).
(4)
In section 60(5), delete “, unless he or she is satisfied that it is not necessary in the circumstances,”
.
New clause 12B
After clause 12A (page 10, after line 19), insert:
12B Section 61 amended (Accommodation to be provided if segregation direction in force)
Repeal section 61(2).
New clauses 17 and 18
After clause 16 (page 12, after line 4), insert:
17 Section 69 amended (Minimum entitlements)
(1)
After section 69(1)(k) insert:
(l)
to spend at least 4 hours per day outside of their cell, as provided for in section 78A.
(2)
Replace 69(4) with:
(4)
A prisoner may be denied, for not more than 2 consecutive days at a time, the minimum entitlement referred to in subsection (1)(a) if—
(a)
the prisoner has been temporarily released from custody or temporarily removed from prison under section 62 or removed for judicial purposes under section 65; and
(b)
in the opinion of the prison manager, it is not practicable to provide the entitlement during the times the prisoner is in the prison.
18 New section 78A inserted (Time outside of cell)
After section 78, insert:
78A Time outside of cell
(1)
Every prisoner may spend at least 4 hours per day outside of their cell.
(2)
The time outside of cell referred to in subsection (1) includes any time spent outside of the prisoner’s cell in accordance with sections 70 to 78.
Clause 35
In clause 35, insert as subclause (1) (page 32, before line 16):
(1)
Repeal section 133(3).
Clause 39
In clause 39, insert before subclause (1) (page 35, before line 17):
(1AAA)
Repeal section 137(3)(c).
New clause 48B
After clause 48A (page 41, after line 2), insert:
48B Regulation 4 amended (Application)
In regulation 4(3)(d), replace “Part A of Schedule 2”
with “Schedule 3”
.
New clauses 50A to 50H
After clause 50 (page 41, after line 9), insert:
50A Regulation 53 amended (Application)
In regulation 53, delete “denial or”
.
50B Regulation 55 amended (Health centre manager to be notified of certain segregation directions)
In regulation 55, replace “the prisoner is denied the opportunity to associate with other prisoners”
with “the prisoner’s opportunity to associate with other prisoners is restricted”
.
50C Regulation 56 amended (Visits to prisoner)
In regulation 56, replace “prisoner who, as a consequence of a segregation direction, is denied the opportunity to associate with other prisoners”
with “prisoner whose opportunity to associate with other prisoners has been restricted as a consequence of a segregation direction”
.
50D Regulation 57 amended (Mandatory items, features, and standards for segregation accommodation and at-risk cells)
(1)
In regulation 57(1),—
(a)
after “subject to a segregation direction”
, insert “(other than a segregation direction issued under section 60(1)(b) of the Act because the prisoner is or may be at risk of self harm)”
:
(b)
replace “Part A of Schedule 2”
with “Schedule 3”
.
(2)
Revoke regulation 57(2).
(3)
In regulation 57(3), replace “Part A of Schedule 2”
with “Schedule 3”
.
50E Regulation 58 amended (Additional segregation and at-risk facilities)
In regulation 58(2), delete “or (2)”
.
50F Regulation 59 revoked (Additional segregation facilities for certain segregated prisoners)
Revoke regulation 59.
50G Regulation 60 revoked (Cells for prisoners at risk of self-harm)
Revoke regulation 60.
50H Regulation 61 revoked (Cells for the assessment of prisoners’ mental health)
Revoke regulation 61.
Clause 51
Replace clause 51 (page 41, lines 10 to 12) with:
51 Regulation 62 amended (Treatment of segregated prisoners)
(1)
In regulation 62(1), delete “in the circumstances and if it is not inconsistent with the purposes of the segregation direction”.
(2)
In regulation 62(2),—
(a)
replace “prisoner management plan”
with “case management plan”
(b)
after “authorised property,”
insert “or to contact with other segregated prisoners and visitors,”
.
(3)
Revoke regulation 62(3).
Clause 52
In clause 52, insert as subclauses (1) and (2) (page 41, before line 14), insert:
(1)
Revoke regulation 63(4) and (5).
(2)
In regulation 63(6), replace “subclause (4)”
with “subclause (1)”
.
New clause 52A
After clause 52 (page 41, after line 14), insert:
52A Regulation 64 amended (Prisoners suspected of concealing unauthorised items)
(1)
After regulation 64(2), insert:
(2A)
A prisoner to whom this regulation applies must be visited by a medical officer at least twice per day.
(2)
In regulation 64(3), delete “deny or”
.
(3)
In regulation 64(3A)(a), delete “deny or”
.
New clauses 56A and 56B
After clause 56 (page 42, after line 20), insert:
56A Schedule 2 revoked
Revoke Schedule 2.
56B Schedule 3 amended
In Schedule 3, after Part C, insert:
Part D Additional features of cells for assessment of mental health and prisoners at risk of self-harm
Located close to the prison’s health centre
Explanatory note
This Amendment Paper amends the Corrections Amendment Bill to eliminate the use of solitary confinement in the corrections system. Solitary confinement is the harshest form of punishment available in the New Zealand prison system. It can cause severe physiological and psychological pain, exacerbating the risk of self-harm and suicide of those exposed to it. Solitary confinement also undermines public safety, with stays in solitary confinement leading to increased aggression and violence of people being released from prison. Its use in New Zealand prisons has come under increased scrutiny by the United Nations, the Office of the Ombudsman, and international human rights observers. In New Zealand, the Mental Health Commission in 2004 called for the “eventual eradication” of solitary confinement (“seclusion”) in mental health facilities, recognising that it “poses significant risks to service users, including death, re-traumatisation, loss of dignity and other psychological harm”.
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Corrections Amendment Bill - Amendment paper No 082
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