Department of Corrections delays prisoner release when segregation order expired
Delayed release from ‘precautionary segregation’—complaint upheld—implementation of computerised bring-up system to avoid recurrence of problem—no recommendation necessary
Following an exhibition of disruptive behaviour in a mainstream unit an inmate was sentenced to a short period of cell confinement and placed on ‘precautionary segregation’ for a period of 14 days. ‘Precautionary segregation’ allows a Superintendent to limit an inmate’s ability to associate with others. In this instance, an inmate complained that he had not been released back into the mainstream until three days after the segregation order had expired.
The investigation led to the view that the complaint was justified. As a result, the prison put in place a computerised bring-up system to alert relevant staff of the requirement to discharge an inmate from precautionary segregation when the order expires. In view of the action taken by the prison, no further action by an Ombudsman was necessary.
This case note is published under the authority of the Ombudsmen Rules 1989. It sets out an Ombudsman’s view on the facts of a particular case. It should not be taken as establishing any legal precedent that would bind an Ombudsman in future.