Corrections Act 2004

Corrections system - Establishment and operation of prisons - Security classifications

47: Security classifications

You could also call this:

"How prisons decide how closely to watch you"

Illustration for Corrections Act 2004

When you are in prison for more than three months, the person in charge must give you a security classification. This classification shows how much of a risk you are to others, including the risk that you might try to escape. The chief executive must make sure this classification is fair and reflects the risk you pose.

The security classification is reviewed regularly, at least every six months, unless there is a special reason not to. It is also reviewed if something big changes about you, like your sentence gets longer or shorter. If you try to escape, or do something very wrong, your classification will be reviewed too.

If the prison manager thinks something has changed that might mean your current security classification is not right, they will review it. This could be because of something you did, or because of a change in your behaviour or circumstances. The prison manager gets to decide what is serious misconduct and what might make your classification inappropriate.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM295458.


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Part 2Corrections system
Establishment and operation of prisons: Security classifications

47Security classifications

  1. The chief executive must ensure that every prisoner who is subject to a sentence of imprisonment for a term exceeding 3 months is assigned a security classification that reflects the level of risk posed by that prisoner while inside or outside prison, including the risk of escape and the risk that escape would pose to the public.

  2. Repealed
  3. The security classification of each prisoner must—

  4. be undertaken and reviewed in the prescribed manner; and
    1. be reviewed—
      1. at least once in every 6 months, unless an exemption from this requirement is prescribed; or
        1. whenever there is a significant change in the prisoner's circumstances.
        2. For the purposes of subsection (3)(b)(ii), there is a significant change in a prisoner's circumstances if—

        3. there is a change to the length of the period that the prisoner is required to serve in detention (whether as a consequence of the imposition of another sentence or as a consequence of an increase, or reduction, of the term of the prisoner's existing sentence, on appeal or otherwise); or
          1. the prisoner escapes, or attempts to escape; or
            1. the prisoner does anything that, in the opinion of the prison manager, involves serious misconduct; or
              1. in the opinion of the prison manager, there is an event, or a change in the prisoner's circumstances or behaviour, that indicates that the prisoner's present security classification may be inappropriate.
                Compare
                • 1954 No 51 s 17A
                Notes
                • Section 47(2): repealed, on , by section 33 of the Statutes Amendment Act 2016 (2016 No 104).