sec.12Prisoner security classification

### sec.12 Prisoner security classification When a prisoner is admitted to a corrective services facility for detention, the chief executive must classify the prisoner into a security classification of low or high. However, when a prisoner is admitted to a corrective services facility for detention on remand for an offence and is not serving a term of imprisonment for another offence, the prisoner must only be classified into a security classification of high. In addition to classifying a prisoner under subsection (1) , the chief executive may also classify the prisoner into 1 or more of the risk sub-categories prescribed by regulation. When deciding a prisoner’s security classification, the chief executive must have regard to each of the following— the nature of the offence for which the prisoner has been charged or convicted; the risk of the prisoner escaping, or attempting to escape, from custody; the risk of the prisoner committing a further offence and the impact the commission of the further offence is likely to have on the community; the risk the prisoner poses of self harming, harming other prisoners and staff members and to the security of the corrective services facility; the length of time remaining to be served by the prisoner under a sentence imposed by a court; information about the prisoner, if any, received from a law enforcement agency. Also, the chief executive may have regard to any matter that is relevant to— the welfare or safe custody of the prisoner or other prisoners; or the security or good order of the corrective services facility. If the chief executive classifies a prisoner into a security classification of high, the prisoner must be detained in a secure facility. If the chief executive classifies a prisoner into a security classification of low, the prisoner may be detained in a low custody facility. In this section— low custody facility means— a prison, other than a secure facility; or a community corrections centre; or a work camp. s 12 amd 2013 No. 15 s 82 ; 2013 No. 64 s 11 ; 2016 No. 62 s 12 ; 2023 No. 14 s 4 ; 2024 No. 25 s 3 sch 1 (sec.12-ssec.1) When a prisoner is admitted to a corrective services facility for detention, the chief executive must classify the prisoner into a security classification of low or high. (sec.12-ssec.2) However, when a prisoner is admitted to a corrective services facility for detention on remand for an offence and is not serving a term of imprisonment for another offence, the prisoner must only be classified into a security classification of high. (sec.12-ssec.3) In addition to classifying a prisoner under subsection (1) , the chief executive may also classify the prisoner into 1 or more of the risk sub-categories prescribed by regulation. (sec.12-ssec.4) When deciding a prisoner’s security classification, the chief executive must have regard to each of the following— the nature of the offence for which the prisoner has been charged or convicted; the risk of the prisoner escaping, or attempting to escape, from custody; the risk of the prisoner committing a further offence and the impact the commission of the further offence is likely to have on the community; the risk the prisoner poses of self harming, harming other prisoners and staff members and to the security of the corrective services facility; the length of time remaining to be served by the prisoner under a sentence imposed by a court; information about the prisoner, if any, received from a law enforcement agency. (sec.12-ssec.5) Also, the chief executive may have regard to any matter that is relevant to— the welfare or safe custody of the prisoner or other prisoners; or the security or good order of the corrective services facility. (sec.12-ssec.6) If the chief executive classifies a prisoner into a security classification of high, the prisoner must be detained in a secure facility. (sec.12-ssec.7) If the chief executive classifies a prisoner into a security classification of low, the prisoner may be detained in a low custody facility. (sec.12-ssec.8) In this section— low custody facility means— a prison, other than a secure facility; or a community corrections centre; or a work camp. - (a) the nature of the offence for which the prisoner has been charged or convicted; - (b) the risk of the prisoner escaping, or attempting to escape, from custody; - (c) the risk of the prisoner committing a further offence and the impact the commission of the further offence is likely to have on the community; - (d) the risk the prisoner poses of self harming, harming other prisoners and staff members and to the security of the corrective services facility; - (e) the length of time remaining to be served by the prisoner under a sentence imposed by a court; - (f) information about the prisoner, if any, received from a law enforcement agency. - (a) the welfare or safe custody of the prisoner or other prisoners; or - (b) the security or good order of the corrective services facility. - (a) a prison, other than a secure facility; or - (b) a community corrections centre; or - (c) a work camp.