Commissioner’s Requirements

Prisoner Telephone System
Section / 4. Prisoner Services
CR Number / 4.2.1 / Current Issue Date / April 2016
Legislation & Policy / Corrections Act 1986
Australian Telecommunications Act 1988
Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015
Police Regulation Act1958
Charter of Human Rights and Responsibilities Act 2006
Corrections Regulations 2009
Privacy & Data Protection Act 2014
Correctional Management Standards for Men’s Prisons in Victoria
Standards for the Management of Women Prisoners in Victoria
Sentence Management Manual
Public Record Office Standard 12/02 Retention & Disposal Authority for Records of Corrections Victoria
Standard / Prisoner Administration Services - Prisoner Communications
Attachments / Prisoner Telephone Entitlement
Prisoner Telephone System – Important Notice
Forms / Request for Exempt (including Legal) Telephone Numbers to be Approved or Varied
Request for Private Telephone Numbers to be Approved or Varied
Non Standard Exempt Category Numbers
Telephone Call Register (for Calls outside the Prisoner Telephone System)
Inter-Prison Telephone Call Application
Register of Prisoner Telephone System Maintenance
Prisoner Telephone System Monthly Audit Report
General Manager’s Monthly Monitoring and Verification Report into the Prisoner Telephone System
Telephone Faults Register
Application to Credit Prisoner Telephone Account

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Commissioner’s Requirement – Prisoner Telephone System

Commissioner’s Requirements

1PURPOSE

Toprovide instructions for the policy and procedures relating for the use of the Prisoner Telephone System.

2REQUIREMENT

Prisons must ensure that access to telephones is availablefor prisoners to maintain communication links with

  • family;
  • friends;
  • other persons;
  • community agencies;
  • legal representatives; and
  • other exempted persons.
  • Staff will ensure that prison security is not compromised when allowing prisoners to communicate with family and friends. Staff will collect, maintain, use and disclose information in strict compliance with information privacy and security legislation and policy.
  • Prisoners’ human rights are limited only to the extent that is it reasonably and demonstrably justifiable. All staff must act compatibly with human rights and consider human rights when making decisions.

3CONTEXT

Prisoners are able to maintain contact with family, friends and relevant professionals by telephone and mail.

4INSTRUCTION

4.1Eligibility Criteria

4.1.1Eligibility to make telephone calls is dependent on a prisoner’s good behaviour and can be withdrawn where a prisoner:

  • has received full loss of privileges resulting from a disciplinary hearing;
  • is under investigation for a chargeable offence (and is subject to a regime in a high security or management unit which does not permit telephone calls other than to legal representatives and other exempt persons);
  • has used the prisoner telephone system to be involved in activities that may impact on the security, good order and management of the prison; or
  • has participated in a conference call (not including exempt call category conference calls) or redirected telephone call.

4.1.2A prisoner’s right to contact his/her legal representative and other exempt persons must not to be withdrawn when telephone privileges are suspended.

4.1.3A prisoner’s entitlement to telephone access will be in accordance with Prisoner Telephone Entitlement.

4.2Prisoner Telephone System

4.2.1The Prisoner Telephone System (PTS) is a computer based pay telephone system for prisons, managed by Corrections Victoria.

4.2.2Prisoners can access the PTS by entering their personal identification number (CRN), followed by their own 4-digit PIN and then entering the single digit code for the selected approved number.

4.2.3It is to be impressed upon prisoners (e.g. through the orientation process) that prisoners should protect their PIN at all times.

4.2.4Instructions regarding the making of calls must be displayed prominently near each telephone handset.

4.2.5The PTS controls outgoing telephone calls made by prisoners and prohibits any incoming calls.

4.2.6The PTS only allows pre-approved numbers to be called by a prisoner. Refer to:

  • Request for Exempt (including Legal) Telephone Numbers to be Approved or Variedfor Exempt (including legal) calls; and
  • Request for Private Telephone Numbers to be Approved or Variedfor Private calls.
  • Telephone Recording and Monitoring
  • All calls that do not fall into the exempt category will be recorded and may be monitored at any time.
  • Calls to a prisoner’s legal representative, or other exempted person, must notbe monitored or recorded under any circumstances.
  • A permanent notice with the following statement (Prisoner Telephone System – Important Notice) must be displayed next to all telephone handsets used by prisoners:

“EXEMPT CALLS (INCLUDING LEGAL AND OMBUDSMAN VICTORIA) WILL NOT BE MONITORED OF RECORDED … IF THE RECORDED MESSAGE YOU HEAR BEFORE YOUR EXEMPT CALL INFORMS YOU THAT THE CALL MAY BE MONITORED OR RECORDED, PLEASE REPORT IT TO A STAFF MEMBER FOR ACTION”.

4.3.4A call may be terminated in the event that an officer monitoring non-exempt calls perceives that the content of the call is prejudicial to the good order or security of the prison.

4.3.5A written report must be submitted to the General Manager whenever a call is terminated.

4.4Entitlement & Approved Numbers

4.4.1Prisoners can use telephones at times determined by the General Manager and where they are available.

4.4.2Telephone calls to the prisoner’s legal advisers are granted as part of the normal allocation, with the exception that unsentenced prisoners are entitled to a telephone call with a legal adviser as soon as practicable after reception.

4.4.3Prisoners are not permitted to participate in diverted telephone calls. Disciplinary action may be initiated if prisoners are detected participating in a diverted call.

4.4.4With the exception of Legal Calls, prisoners are not permitted to participate in conference calls.

4.4.5Disciplinary action may be initiated if prisoners are detected participating in a conference call.

4.4.6Application for approved numbers must be made by the prisoner on the following forms:

  • Request for Exempt (including Legal) Telephone Numbers;and
  • Request for Private Telephone Numbers.
  • Request for Exempt (including Legal) Telephone Numbers will be printed on pink paper and Request for Private Telephone Numberswill be printed on white paper to help distinguish the difference in the call categories.
  • A prisoner’s entitlement to telephone access will be in accordance with Prisoner Telephone Entitlement, which details the maximum number of approved telephone numbers permitted in accordance with the prisoner’s security category. This entitlement is determined by the highest security rating applying to a multi security level location.
  • Requests for the following categories of telephone numbers will not be approved:
  • Operator assisted calls;
  • 0055 recorded messages;
  • TAB or other betting agencies;
  • 1300 and 1800 numbers;
  • media organisations;
  • pager numbers;
  • Exchange lines;
  • Corrections Victoria Head Office;
  • Minister’s Office;
  • Justice Health; and
  • SKYPE or systems using voice over internet protocol (VOIP).
  • All monies remaining in the prisoner’s PTS finance account will be returned to the prisoner and the telephone account set to inactivewhen the prisoner is released to freedom.
  • Details of a prisoner’s telephone account will remain on the PTS as a permanent record and will not be deleted.
  • The removal of a prisoner account from the system will only be done through the prisoner archive process that is conducted as part of ongoing maintenance.
  1. Verification Process
  2. Prisoners may only make telephone calls to the numbers that have been verified and to people who have indicated their willingness to accept them.
  3. At the time a telephone number is verified, the officer conducting the verification will inform the call recipient that private calls from prisoners are subject to monitoring and recording.
  4. The General Manager is responsible for the verification of telephone numbers submitted by prisoners.
  5. Telephone numbers are verified by calls made by the General Manager or approved delegate confirming that the owner agrees to accept calls from the prisoner. The cost of all verification calls will be borne by the prison.
  6. A number be will not be entered onto the prisoner’s approved telephone list until the number’s owner agrees to accept calls from the prisoner. Details of this verification will be entered onto Request for Exempt (including Legal) Telephone Numbersand Request for Private Telephone Numbers. The number’s owner may withdraw consent for calls to be made to that number at any time.
  7. Each approved number entered into the PTS must be given a call category. This call category will determinethe pre-recorded warning that is played at the beginning of every call.
  8. Calls must be categorised as:
  • (L) for Exempt or Legal Category Calls (Exempt Category Calls); or
  • (P) for Private calls.
  • Requests for numbers to be approvedor varied should be actioned as soon as possible, and within a maximum of three working days of receipt.
  • Request for Exempt (including Legal) Telephone Numbersand Request for Private Telephone Numberswill be secured in a locked cabinet after processing, which is only accessible by persons responsible for the PTS. The locked cabinet will only contain Schedules of prisoners that are currently at the location.
  1. Exempt Category Calls
  2. Prisoners must be advised during the orientation process that telephone calls to the following are exempt and will not be monitored or recorded:
  • Member of Parliament;
  • Ombudsman’s Office;
  • Independent Broad-Based Anti-Corruption Commission (IBAC);
  • Victorian Inspectorate (oversight body in Victoria’s integrity system);
  • Health Services Commissioner or person acting on the Commissioner’s behalf;
  • Human Rights & Equal Opportunity Commissioner or person acting on the Commissioner’s behalf;
  • Australian Human Rights Commission
  • Commissioner for Privacy and Data Security;
  • Diplomatic or Consular Staff;
  • Legal practitioner or para-legal representing the prisoner; and
  • Royal Commission into Institutional Responses to Child Sexual Abuse; knowmore; Victorian Aboriginal Child Care Agency (VACCA); Open Place – Forgotten Australians; Reclaim Support Services, Relationship Australia Victoria; and Drummond Street.
  • With the exception of calls via the toll free telephone line for prisoners calling Ombudsman Victoria, the Health Services Commissioner, IBAC, Quitline (not exempt),Child Support Agency (not exempt) or the Hepatitis Victoria Infoline (not exempt), calls to the exempted agencies or persons will be made with the knowledge and assistance of staff. General Managers must ensure that prisoners are not prevented or obstructed from telephoning persons listed in the Exempt Category Call group.
  • All exempt calls are to be preceded by a warning message that identifies that the call has originated from a prison and that the call should not be redirected or used as part of a conference call. Legal conference calls will be permitted.
  • Telephone calls to Police and other law enforcement agencies should not be treated as exempt calls, other than with the approval of the Assistant Commissioner, Sentence Management Branch and the Interdepartmental Custodial Witness Committee.
  • In some circumstances, it may be necessary to give an individual telephone number an exempt call category when it does not fall into the approved exempt telephone number list. Where this occurs, the officer responsible for the Prisoner Telephone System at the prison will keep a register of these numbers usingNon Standard Exempt Category Numbers.
  • This register of the Non Standard Exempt Category Numbersmust be audited at least quarterly to ensure that the exempt call status still applies. A record of audits and the register must be stored in a secure area with restricted access.
  1. Exempt Call Database
  2. Each location will maintain an Exempt Call Database,which lists all approved exempt category numbers.
  3. Prior to any legal number being entered in the exempt number database, itmust be verified by the location using one or a combination of the following methods, the verifying officer must:
  • call the law firm and verify that the number belongs to the practice and that they are willing to receive calls from the prisoner; and/or
  • search one or all of the below websites to ensure that the number is registered to a lawyer or law practice:
  • The verification process must be documented and able to be audited.
  • Following verification, only Prison Intelligence Officers will enter approved exempt category numbers in the Exempt Call Database.
  • Auditing the Exempt Database

The Prisoner Telephone System allows for the generation of two reports that will assist the location to audit the database:

  • The Legal Number Discovery report shows all prisoners who have exempt category numbers on their approved telephone list that are not recorded in the exempt call database. At a minimum, this report is to be run by the location’s Prison Intelligence Unit (PIU) every Monday morning and after any incoming prisoner escort, and any number disclosed on the report will be investigated and verified using the procedure listed in section 4.7 prior to being entered in the Exempt Call Database.
  • The Legal Number Mismatch report identifies any number that is listed with a “P” for private call categorisation on a prisoner’s approved telephone list that appears in the Exempt Call database. At a minimum this report is to be run by the location’s PIU every Mondaymorning and after any incoming prisoner escort, and any number disclosed on the report will be investigated to ascertain why the number is being used for private purposes. The reason will be recorded on the report and filed for audit purposes.
  • Mobile Telephone Numbers
  • Prisoners may request that mobile telephone numbers be entered on their prisoner approved telephone list.
  • Arecord of the recipient’s intention to accept calls from a prisoner must be documented usingRequest for Private Telephone Numbers to be Approved or Varied.
  • The verifying officer will request confirmation that the person accepting the calls is not a child under the age of 15.
  • A maximum of five(5) mobile telephone numbers will be permitted on a prisoner’s private approved telephone list. A prisoner can add up to ten (10) mobile telephone numbers on their exempt approved telephone list.
  • When verifying an exempt category number, the verifying officer will call the mobile number and enquire if the person is willing to accept telephone calls from the prisoner. The officer will also require a landline number belonging to the legal practice, or other exempt organisation, to verify the validity of the exempt call category status of the mobile number.
  • The number can only be added to the exempt number database and the prisoner’s telephone list following the verification process.

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Commissioner’s Requirement – Prisoner Telephone System

Commissioner’s Requirements

4.10Telephone Access to Chaplains or other Program or Service Providers

4.10.1Upon the approval of the General Manager, aprison chaplain or program or service provider (e.g. Indigenous Services staff or counsellor) may add their business telephone number to the prisoner’s approved private telephone list if they become aware of a lack of external personal contactfor a prisoner who is identified as requiring a high level of support.

4.10.2The prisoner’s application (Request for Private Telephone Numbers to be Approved or Varied), must be accompanied by supporting documentation provided by the chaplain or service provider and will be endorsed in writing by the Programs Manager, before proceeding to the approval and verification process.

4.10.3Calls to a prison chaplain or program or service provider are not exempt and are to be categorised as ‘P’ for private calls.

4.11Emergency and Welfare Telephone Calls

4.11.1In the event of staff identifying the requirement for a prisoner to make an emergency or welfare call to an immediate family member or a number not on the prisoner’s approved telephone list (e.g. hospital, police etc) and the prisoner does not having the available funds, the following options should be utilised:

  • The preferred option (the telephone number is already on the prisoner’s approved list) -Arrange for additional monies to be transferred into the prisoner’s telephone account in order that the call can be made using the PTS and arrange for the prisoner to reimburse the prison through their prisoner wages.
  • The second option - Staff make an “officer initiated call” through the PTS with staff dialling the number and confirming the identity of the recipient of the telephone call.
  • The third option (least preferred) - The prisoner is permitted to use a telephone in the officers’ area under supervision, following approval by the Operations Manager or Officer in Charge. The officer must dial the number, confirm the identity of the recipient and remain within hearing distance of the telephone call. A record of the person authorising the telephone call, the details of the recipient and number called will be recorded for later reference.
  • A record of all additional emergency, welfare or free calls (outside the PTS) must to be maintained (Telephone Call Register).
  1. Inter-Prison Telephone Calls
  2. Only prisoners with a confirmed long-standing close personal relationship with another prisoner will be eligible to apply for inter-prison telephone calls.
  3. Any request for an inter-prison telephone call must be submitted tothe General Manager or their delegate for consideration (Inter-Prison Telephone Call Application).
  4. Inter-prison telephone calls are limited to a maximum of two calls per week of twelve minutes duration and at a pre-arranged time. The call will originate at the higher security prison and will be conducted using the Prisoner Telephone System.

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Commissioner’s Requirement – Prisoner Telephone System

Commissioner’s Requirements