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Corrections Act 2004

Corrections system - Establishment and operation of prisons - Prisoners at risk of self-harm

61CA: Prison manager may direct that at-risk prisoner’s association with other prisoners be restricted or denied

You could also call this:

"Prison staff can limit time with others to keep at-risk prisoners safe"

Illustration for Corrections Act 2004

If you are a prisoner who is at risk of harming yourself, the prison manager can decide to limit or stop you from spending time with other prisoners. The prison manager can only make this decision if the health centre manager thinks it is a good idea to help keep you safe, and the prison manager has checked that you are really at risk. The prison manager's decision can only limit your time with other prisoners as much as is necessary to keep you safe.

If the prison manager makes this decision, they must tell you in writing why they made it, and they must also tell the chief executive. The prison manager or chief executive can change or cancel the decision at any time. However, the prison manager cannot cancel the decision unless the health centre manager agrees that it is no longer needed.

While this decision is in place, a health professional must visit you at least once a day, unless they think it is not necessary. During these visits, the health professional must check if the decision is still a good idea and if your risk assessment should be reviewed. The decision will automatically be cancelled when your at-risk management plan ends, as stated in section 61F(2).

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS996219.

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61C: Confirmation of at-risk prisoner assessment, or

"Checking if a prisoner is at risk of hurting themselves"

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61D: At-risk management plan established, or

"Helping prisoners who may hurt themselves: making a safety plan"

Part 2Corrections system
Establishment and operation of prisons: Prisoners at risk of self-harm

61CAPrison manager may direct that at-risk prisoner’s association with other prisoners be restricted or denied

  1. A prison manager may direct that the opportunity of an at-risk prisoner to associate with other prisoners be restricted or denied if—

  2. the health centre manager of the prison recommends that a direction of that kind is desirable to address the prisoner’s risk of self-harm; and
    1. the prison manager has confirmed the prisoner’s at-risk assessment.

      1. The direction may restrict or deny the at-risk prisoner’s opportunity to associate with other prisoners only to the extent that the restrictions or denial of opportunity are necessary for the safety of the at-risk prisoner.

      2. If the prison manager gives a direction under this section, the prison manager must ensure that—

      3. the at-risk prisoner is promptly informed in writing of the reasons for the direction, and any modification of the direction; and
        1. the chief executive is promptly informed in writing of the direction, and any modification of the direction, and the reasons for it.

          1. The prison manager or chief executive may, at any time, revoke or modify a direction under this section.

          2. However, the prison manager may not—

          3. revoke a restriction on, or the denial of, the opportunity of the at-risk prisoner to associate with other prisoners under this section unless the health centre manager advises that there has ceased to be any justification, under subsections (1) and (2), for the restriction or denial of opportunity; or
            1. modify a restriction unless the prison manager has taken into account the advice of the health centre manager.

              1. More than 1 direction may be given under this section while an at-risk management plan is in effect for the prisoner.

              2. If the direction is not earlier revoked under subsection (4), a prison manager must revoke a direction under this section when an at-risk management plan for the prisoner ends under section 61F(2).

              3. While a direction under this section is in force, the health centre manager must, unless the health centre manager is satisfied that it is not necessary in the circumstances, ensure that a registered health professional visits the prisoner concerned at least once a day.

              4. As part of the visit referred to in subsection (8), the registered health professional must consider and advise the health centre manager—

              5. of any matters relevant to the continuing justification for a direction under this section; and
                1. whether the prisoner’s at-risk assessment should be reviewed.

                  Notes
                  • Section 61CA: inserted, on , by section 16 of the Corrections Amendment Act 2024 (2024 No 41).