13.3 Death in custody (under review) Page 1 of 25 The current version of this document is maintained on the Custodial Operations Policy & Procedures Intranet page.

Custodial Operations Policy and Procedures

13.3 Death in custody (Under review)

Under review This policy and its associated procedures are under review and will be published in 2018. Until then, correctional centres are to manage all Deaths in custody as per the Operations and Procedures Manual (OPM), section 13.2 Deaths in Custody, which has been included below for reference.

Centre management in Rapid Build correctional centres and others under Benchmarked operations must ensure that all responsibilities have been allocated to meet operational needs in Local Operating Procedures (LOPs).

For any enquiries in relation to this policy please contact Custodial Operations on: COPP@justice.nsw.gov.au

test Date of effect: DD MONTH YEAR Page 2 of 25

Corrective Services NSW

Operations Procedures Manual

SECTION 13.2 DEATHS IN CUSTODY

TABLE OF CONTENTS

13.2 DEATHS IN CUSTODY .................................................................................. 4

13.2.1 SUMMARY PAGE ..................................................................... 4

13.2.2 INITIAL PROCEDURES ............................................................ 6

13.2.2.1 The First Responding Officer 6

13.2.2.2 The Control / Monitor Room Officers 9

13.2.2.3 The General Manager or Officer in Charge 9

13.2.2.4 The General Manager 11

13.2.3 REPORTING THE DEATH TO POLICE .................................. 12

13.2.4 REPORTING THE DEATH IN CUSTODY IN THE INCIDENT REPORTING MODULE AND TO THE DUTY OFFICER..................... 12

13.2.5 NOTIFYING THE INMATE’S EMERGENCY CONTACT PERSON ............................................................................................ 13

13.2.5.1Assisting the deceased inmate’s emergency contact person or family member 14

13.2.6 MANDATORY REPORTS AND DOCUMENTS ....................... 14

13.2.7 NOTIFYING WORKCOVER NSW ........................................... 15

13.2.8 CORRECTIVE SERVICES NSW WORKERS COMPENSATION INSURER ........................................................................................... 16

13.2.9 THE CORONER ...................................................................... 16

13.2.9.1Attendance of Staff at Coronial Inquests 16

13.2.9.2Reporting Procedures Following the Coroner’s Findings 16

13.2.9.3 Post Mortem Procedures 17

13.2.10 INTERNAL INVESTIGATIONS .............................................. 17

13.2.11 ABORIGINAL INMATE .......................................................... 17

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13.2.12 INSPECTION OF THE CRIME SCENE AND EXHIBITS BY THE FAMILY AND THEIR REPRESENTATIVES ............................... 17

13.2.12.1 Religious or Cultural Ceremonies on Site 18

13.2.13 CHAPLAIN’S ACCESS TO THE DECEASED INMATE ......... 18

13.2.14 FOREIGN NATIONAL ............................................................ 18

13.2.15 COMMONWEALTH DEPARTMENT OF IMMIGRATION AND BORDER PROTECTION .................................................................... 18

13.2.16 Federal Inmate ....................................................................... 19

13.2.17 COURT NOTIFICATIONS ..................................................... 19

13.2.18 REPORTS TO THE MEDIA ................................................... 19

13.2.19 OPERATIONAL DEBRIEFING ............................................... 19

13.2.20 COUNSELLING ..................................................................... 20

13.2.21 .PAYMENT OF BURIAL OR CREMATION EXPENSES FOR AN INMATE WHO DIED IN CUSTODY .................................................... 20

13.2.22 THE DECEASED INMATE’S MONEY AND PROPERTY....... 21

13.2.23 SUMMARY OF PROCEDURES ............................................ 21

13.2.24 DOCUMENT HISTORY ......................................................... 24

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13.2 DEATHS IN CUSTODY

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other inmate received medical attention from JH&FMHN, a report must be obtained from the treating nurse to aid in any prosecution arising. JH&FMHN staff should be requested to complete Annexure Incident / Assault Report – Justice Health found under COPP section 13.8 Crime scene preservation.

counselling is offered to those personnel who discovered, witnessed or responded to the DIC (refer section below Counselling)

offer any involved inmate counselling by the correctional centre psychologist (refer section below Counselling)

officers who discover, witness or respond to a DIC remain on duty until interviewed or excused by the police officer in charge. Any officers requiring immediate medical treatment or immediate counselling, may be interviewed once treatment and/or counselling has been provided

any officer who discovers, witnesses or responds to a DIC writes and submits an Incident witness report, as found under COPP section 13.8 Crime scene

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prior to the removal of the body from the centre, accredited Chaplains may be given access to the deceased inmate to perform religious ministrations (refer section below Chaplain’s access to the deceased inmate)

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the time and date these notifications.

13.2.12 INSPECTION OF THE CRIME SCENE AND EXHIBITS BY THE FAMILY AND THEIR REPRESENTATIVES

The GM can give approval to the family of the deceased and/or their legal representatives, including an

independent forensic expert or representatives of the Aboriginal Legal Service (if the deceased is an

Aboriginal) to inspect the crime scene and, with the permission of the police, any exhibits.

This inspection must take place after the police have handed back control of the scene to CSNSW. The

visiting family and/or representatives must remain in the company of the local police or the supervising officer

from the Coroner’s Office.

If the death occurred in a cell, the cell is to be sealed for two days unless otherwise directed by the Coroner

or police. This is to allow an appropriate amount of time for the family’s legal representatives to organise a

supervised inspection of the cell by an independent forensic expert. Unless there are pressing operational or

security reasons, requests by the family’s legal representatives for additional time should be granted.

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13.2.23

persons

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Procedures

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13.2.24 DOCUMENT HISTORY

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Version Date Reference

Reviewed 1998 Next Review 2016

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