17 October 2022
C156572
John Walter
[FYI request #20300 email]
Tēnā koe John
Thank you for your email of 20 August 2022 to the Department of Corrections – Ara
Poutama Aotearoa on 20 August 2022, requesting information about computer access and
education courses in prisons, primarily for those of remand accused status. Your request has
been considered under the Official Information Act 1982 (OIA).
Corrections manages people at the direction of the Courts and the New Zealand Parole
Board – we do not determine whether a person is sentenced to prison or the length of their
sentence. We also do not determine whether someone is remanded in custody, or the
length of time they are on remand.
As you may be aware, there are two types of remand prisoners:
• Remand accused: a person who has not yet been found (or pleaded) guilty of the
charge(s) laid against them; and,
• Remand convicted: a person who has been found (or pleaded) guilty of the charge(s)
laid against them, but the sentence they are to serve has not yet been determined
by the courts.
Remand accused people are required to be kept separate from sentenced prisoners. Some
prisons house a higher proportion of remand prisoners, while others house primarily
sentenced prisoners. The amount of time a person spends on remand is dependent on how
long it takes for the judicial process to be completed by the Courts and is influenced by
factors including the complexity of the case and the plea entered.
There are challenges in delivering rehabilitative interventions to people on remand,
including the unknown length of time that the individual wil spend in prison. Some people
only stay on remand for a few days or weeks, while others stay on remand for lengthier
periods of time. Many remandees are also not yet convicted of an offence and will,
therefore, be ineligible for certain offence-focused interventions.
However, Corrections acknowledges the importance of working with people on remand
from their arrival into prison to ensure their needs are addressed and their reintegration is
supported. Each person on remand is al ocated a Case Manager once they have been on
remand for more than ten working days. Their Case Manager works directly with them to
NATIONAL OFFICE, WELLINGTON
Mayfair House, 44 – 52 The Terrace, Wellington, 6011, Private Box 1206, Wellington 6140,
Phone +64 4 460 3000
www.corrections.govt.nz
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assess and identify specific areas to learn new skills and ensure their time in prison is used
to their benefit. These plans could include learning skil s such as parenting, managing money
and basic living skills, as well as planning for a safe release to community. Remand prisoners
also receive help with addiction, education and finding employment.
Some of the programmes and courses on offer at prisons have been affected by staffing
constraints. COVID-19 stressors, border closures and re-openings, combined with labour
shortages across the country, has made it more chal enging for us to recruit and retain
frontline staff. To respond to our staffing requirements, we are currently consolidating the
prison population into fewer units, which wil al ow us to deploy our staff more effectively.
At the same time, we are undertaking a national recruitment drive and progressing a
number of staff retention initiatives. This wil provide options for returning programmes and
services that have previously been on hold, and increase access to out-of-cell activities
across the network.
You requested:
Please provide:
1.
The availability of computers in each prison for remand accused prisoners.
In prisons where computers are available for people who are remand accused, each prison
has at least one room which contains computers for people to use for education,
rehabilitation and legal purposes. These rooms are known as Secure Online Learning (SOL)
computer suites. Further information about access to SOL is provided in the response to
question two.
2.
The availability of Secure Online Learning (SOL) in each prison for remand
accused prisoners.
Prisons do not have dedicated SOL suites for remand prisoners only, but most offer access
under operational limitations. Please see Appendix 1 for access to SOL suites for remand
accused people in prison by site.
Case Managers can grant a person approval to attend SOL fol owing a recommendation by
the Education Tutor. Education Tutors may discuss access to SOL as an option during a
learning pathway conversation with each learner. Education tutors supervise learners while
they are in the SOL computer suites to undertake education-related activities.
3.
The availability of Self-Directed Leaning (SDL) in each prison for remand
accused prisoners.
Self-Directed Learning (SDL) is the chance for motivated people in prison to study at their
own pace. People we manage, with the support of Education Tutors, can enrol in certificate,
diploma or degree level courses that are completed via distance learning. This is an
independent activity which is general y undertaken at the person’s own expense or by
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accessing the Student Loan Scheme. Education Tutors are available to assist the person and
SDL can be completed using the SOL suites.
SDL is available to people with any security classification, including those who are remand
accused.
4.
The availability of educational Courses in each prison for remand accused
prisoners. Specify the courses available in each prison and who is the provider.
Please find the requested information attached as Appendix 2.
5.
any guidelines, protocols, manuals, or the likes, for remand accused prisoners
who are currently enrol ed in tertiary education and wish to continue their
study.
There are no guidelines, protocols or manuals specific to remand accused people currently
enrolled in tertiary education and wishing to continue their study. Therefore, this part of
your request is refused under section 18(e) of the OIA, as the document al eged to contain
the information requested does not exist.
In accordance with section 18B of the OIA, we have considered whether consulting with you
would assist you to make the request in a form that would remove the reason for refusal.
However, we do not believe that a refinement would enable us to respond to this part of
your request.
6.
any guidelines, protocols, manuals, or the likes, for remand accused prisoners
who wish to enrol in tertiary study. Include specifically whether their access to
secure online learning facilities will be facilitated to video recorded lectures.
Each education provider has their own specific guidelines for enrolling remand accused
people into educational courses. Therefore, this part of your request is refused under
section 18 (g) of the OIA, as the information requested is not held by Corrections and we
have no grounds for believing that it is held by another agency or more closely connected
with the functions of another agency.
Generally speaking, learners should have reached Step 4 in English Reading and Step 5 in
Numeracy, so they can meet the demands of SDL. They must be motivated to attend an
education programme, willing to participate in all aspects of the programme, and fol ow the
Ground Rules and Learner Agreement.
There is no specific guidance given around access to video lectures. Therefore, this part of
your request is refused under section 18(e) of the OIA, as the document al eged to contain
the information requested does not exist.
In accordance with section 18B of the OIA, we have considered whether consulting with you
would assist you to make the request in a form that would remove the reason for refusal.
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However, we do not believe that a refinement would enable us to respond to this part of
your request.
SOL suite computers have technical specifications designed to prevent their misuse and
ensure the safety of the public. For this reason, it is not possible for learners to access the
learning management systems of an external education provider directly, and direct access
to video lectures cannot be facilitated. However, for learners enrolled with Massey
University, the prison Education Tutor can access the online learning management system
for the purposes of downloading readings, assignment instructions, and other written
documents.
7.
any guidelines, protocols, manuals, or the likes, for remand accused prisoners
who apply for access to computers for either study or litigation.
Aside from the formal learning pathways outlined above, remand accused people in prison
can apply for access to computers for independent study or litigation purposes.
Section F.08 of the Prisons Operational Manual outlines the general protocol across all sites
for applications to access computers on site to assist in study. This can be accessed here:
https://www.corrections.govt.nz/resources/policy_and_legislation/Prison-Operations-
Manual/Prisoner-finance-activities/F.08-Request-access-to-facilities-to-assist-in-study.
Section F.07 of the Prisons Operational Manual outlines the general protocol across all sites
for applications to access computers on site to assist with litigation. This can be accessed
here:
https://www.corrections.govt.nz/resources/policy_and_legislation/Prison-Operations-
Manual/Prisoner-finance-activities/F.07-Request-access-to-facilities-to-assist-in-litigation.
Include specifically how many hours per day or week would be available to
them and what the operational constrains on facilitating that access are.
Information regarding the specific availability for computer access in prisons, including the
hours of access, is subject to a wide range of variable factors, and would require
consultation with each prison individual y to determine. Therefore, this part of your request
is refused under section 18(f) of the OIA, as the information cannot be made available
without substantial collation or research.
In accordance with section 18B of the OIA, we have considered whether consulting with you
would assist you to make the request in a form that would remove the reason for refusal.
However, we do not believe that a refinement would enable us to respond to this part of
your request.
SOL suite availability in prisons for remand accused individuals undertaking educational
activities, including the prisons not currently offering access due to operational constraints,
is provided in Appendix One. Remand accused individuals may access the SOL suite for legal
purposes in accordance with the policy outlined above.
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Site safety and security considerations are the primary operational constraints which have
an impact on which individuals can access SOL suites. For example, remand accused
individuals and sentenced individuals cannot mix, therefore access and scheduling needs to
work around this constraint. Individuals also need to be escorted from their unit to the SOL
suite, so access can be affected by custodial staff availability. The physical layout of a prison
can also affect access to the SOL suite. If the SOL suite location is in a part of the prison that
does not house remand accused individuals, it can be more difficult to arrange access for
those individuals whilst following rules to ensure remand accused individuals do not mix
with sentenced individuals.
Corrections continues to work to address operational constraints to ensure people in prison
have regular access to SOL suites. We have placed a significant focus on the recruitment of
new Corrections Officers across the country and our staff have also been carrying out
recruitment activities in their local communities. Over the last three months, we have
received over 1,400 applications to become a Corrections Officer.
8.
the number of 'Application for access to facilities to assist in studies'
(F.08.Form.01) forms that have been (a) filed; (b) accepted; and (c) accepted
with access to computer facilities. Categorise this data by year (since SOL
suites started) and by remand / convicted status
Forms for access to facilities are not centrally recorded, and instead are held at each prison
site. To provide this information would require consultation with each prison, and would
require each prison to manually assess the applications received to categorise them.
Therefore, this part of your request is refused under section 18(f) of the OIA, as the
information cannot be made available without substantial collation or research.
In accordance with section 18B of the OIA, we have considered whether consulting with you
would assist you to make the request in a form that would remove the reason for refusal.
However, we do not believe that a refinement would enable us to respond to this part of
your request.
Please note that this response may be published on Corrections’ website. Typically,
responses are published quarterly, or as otherwise determined. Your personal information
including name and contact details will be removed for publication.
I trust the information provided is of assistance. I encourage you to raise any concerns
about this response with Corrections. Alternatively, you are advised of your right to also
raise any concerns with the Office of the Ombudsman. Contact details are: Office of the
Ombudsman, PO Box 10152, Wel ington 6143.
Ngā mihi
Ben Clark
National Commissioner
