Corrective Services NSW Operations Procedures Manual SECTION 8.32 AUDIO VISUAL LINK (AVL)

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1 Corrective Services NSW Operations Procedures Manual SECTION 8.32 AUDIO VISUAL LINK (AVL) Table of Contents Audio Visual Link (AVL) Procedures General Responsibilities of the Officer-in-Charge (OIC) of the Video Conferencing Area Officer and Inmate Conduct for Court/Authority/Tribunal/Council Proceedings AVL Checklist Video Conferencing Scheduling System (VCSS) Court Proceedings using Video Conferencing State Parole Authority (SPA) proceedings using Video Conferencing Serious Offender Review Council (SORC) proceedings using Video Conferencing Legal Access using Video Conferencing Legal Video Conferences Scheduled Teleconference Legal Access Family Video Contact using Video Conferencing General Family Video Contact Limitations on Family Video Contact Application from the Attendee (family and/ or friends) Application from the inmate SHINE for Kids / CRC Justice Support / Courthouse Scheduled Family Video Contact Process: Conducting the Family Video Contact: Corporate or Internal CSNSW Video Conferencing The Coordinating Site The Participating Site V2.0 August 2012 Section 8.32 Audio Visual Link Page 1 of 18

2 Access to a AVL Studio by Inmates with a Disability Access to Interpreters Accredited On-site Interpreters Automated Telephone Interpreting Service (ATIS) Evaluation and Monitoring V2.0 August 2012 Section 8.32 Audio Visual Link Page 2 of 18

3 8.32. Audio Visual Link (AVL) Summary Page Policy Overview Video Conferencing allows people to communicate by way of an audiovisual link (AVL). In mid 2000, The Criminal Justice System Chief Executive Officers Standing Committee endorsed the implementation of the strategies detailed in the Business Case for Video Technology in the Justice System. Since the endorsement, Corrective Services NSW (CSNSW) has established video conferencing studios in identified correctional centres. The AVL within these centres is used to facilitate inmate matters between nominated correctional centres, courts, other agencies within the criminal justice system and agencies that support these proceedings. Video conferencing is also used for matters before the State Parole Authority (SPA), and Serious Offender Review Council (SORC) hearings. Included in the video conferencing functions for CSNSW are: scheduled video contact between legal practitioners and professionals, and inmates housed in correctional centres; scheduled telephone conferences between legal practitioners and inmates housed in participating centres; scheduled corporate video conferences when required (e.g. staff interviews, inter-centre meetings). Corrective Services in conjunction with Attorney Generals/Courts through the Indigenous Services Program; Shine for Kids; and Community Restorative Centre also conduct: scheduled Family Video Contact between inmates and their families, and scheduled Family Video Contact between inmates and their children. V2.0 August 2012 Section 8.32 Audio Visual Link Page 3 of 18

4 Purpose Scope The purpose of this policy is to: establish AVL standards to enable the General Managers (or their delegates) of correctional centres to discharge their professional responsibilities in accordance with the Crimes (Administration of Sentences) Regulation 2008 and CSNSW Corporate Plan outline the parameters within which an inmate may have access to AVL proceedings, and clarify officers responsibilities in relation to the use of AVL facilities. This policy and its procedures apply to CSNSW locations where AVL studios are available. It also affects all employees who work within these places. Strategic Focus Corporate Plan , Guide to Conduct and Ethics 2010 Video Conferencing intranet page Legislation Crimes (Administration of Sentences) Act 1999 Crimes (Administration of Sentences) Regulation 2008 Evidence (Audio and Audio Visual Links) Act 1998 Evidence (Audio and Audio Visual Links) Regulation 2010 Disability Services Act 1993 Disability Services Regulation 2010 Related Policies and Documents Policy and Documents on the Video Conference Intranet Web Page Disability Action Plan Commissioner s Instructions: Commissioner s Memoranda: 2001/070, 2002/015, 2002/048, 2010/15, 2012/09 DCOMO 2010/29, 2010/32, 2011/115, 2012/40, 2012/96 Definitions Audio Link Audio Visual Link (AVL) AVL Checklist ATIS Facilities (including telephone) that enable audio communication between persons at different places. Facilities that enable real time audio and visual communication between persons at different places, e.g. communication between the court house and a designated correctional centre A form that must be completed on all inmates that attend the Video Conferencing Area to assess the possible at risk factors for any changes due to the outcome of the video conference. Refer to the intranet for a copy of the form Automated Telephone Interpreting Service V2.0 August 2012 Section 8.32 Audio Visual Link Page 4 of 18

5 CCTV CRC CTC Form 7 FVC JACS MIN OIC SHINE SMAP Studio SDS TAFE TIS VC VCA VCSS VIN Closed circuit television Community Restorative Centre (CRC Justice Support) Community Technology Centre operated by the NSW Department of Commerce. A Legal Order issued by Police that provides the authority to detainee an inmate for a maximum of 24 hours until s/he can appear before a magistrate or registrar to apply for bail. Family Video Contact. A video conference between an inmate and his/her family or friends to maintain links to family and their community. Justice Agency Conferencing Support An inmate s Master Index Number in OIMS Officer in charge SHINE for Kids is an organisation that provides support for the children of inmates. Special Management Area Program/Placement refer to Section 14 Segregated and Protective Custody of the Operation Procedures Manual for more details. A designated room equipped to facilitate video conferences. State-wide Disability Services The Institute of Technical and Further Education, NSW Department of Education and Training. Translation and Interpreter Service Video Conference Video Conferencing Area Video Conference Scheduling System Visitor Identification Number in OIMS V2.0 August 2012 Section 8.32 Audio Visual Link Page 5 of 18

6 Procedures General Video Conferencing (VC) locations are to be staffed by correctional staff that have completed the recognised video conferencing training. This training is to be refreshed every 24 months. An inmate who is required to attend a Local, District, Supreme, Family, Federal, Interstate or Overseas Court by video conference will be directed to attend by way of a warrant, legal order, detainer, or by legislation covering Form 7s. An inmate attending an Audio Visual Link (AVL) studio has the same entitlements to services that are afforded to inmates attending court in person (i.e. legal representation, interpreter services). All inmates attending a video conference are required to be at the video conferencing area (VCA) a minimum of one (1) hour prior to the time required. This is to facilitate inmates access to legal calls prior to their appearance before court/authority/tribunal/council. Inmates designated as High Security, Extreme High Security and Extreme High Risk will require individual management processes. Information in relation to video conferencing schedules can be obtained by accessing the Video Conference Scheduling System (VCSS). Where sites do not utilise VCSS refer to the Video Conferencing Judicial Protocol to access scheduling arrangements, particularly where more than one court / justice agency require the simultaneous use of the same AVL studio. Information in relation to warrants, appearance/detainer/legal orders and inmate appearances are obtained by accessing the Offender Integrated Management System (OIMS). The OIC of the VCA will ensure all records are maintained and up to date. The courts will formally advise the Sentence Administration Branch of the appearance results by way of a legal detainer/warrant. The creation of a Visitor Identification Number (VIN) within OIMS must be referred to Visits Restrictions via at Visitor.Restrictions@dcs.nsw.gov.au Responsibilities of the Officer-in-Charge (OIC) of the Video Conferencing Area The OIC of the VCA will ensure that: all information management systems are checked, including OIMS, VCSS, Outlook Video Conference Site Mailboxes and generate/ensure that all required video conference appearances are included on the centre s Daily Video Conference Appearance List; staff facilitating the VC have been provided with the names of inmates scheduled to attend the AVL studio for that day and that it corresponds with the legal order, OIMS and VCSS and notes any relevant alerts; inmates scheduled to attend a VC are present at the VCA a minimum of an hour prior to the scheduled time. Inmates designated as High Security, Extreme High Security and Extreme High Risk will require individual management processes; the movements of inmates transferred between correctional centres overnight that have appearance orders for court are reported to the relevant court by the receiving centre; V2.0 August 2012 Section 8.32 Audio Visual Link Page 6 of 18

7 a daily visual inspection of the VCA, including the holding cells, is conducted; copies of religious books (Bible, Koran etc) are available for use by an inmate attending the proceedings; inmates are permitted to have their own copy of the Torah and any required legal papers in soft or hard copy format if required during the video conference; all the AVL studios are operational. Any malfunction should be reported immediately to the JACS help desk, the relevant court and the relevant centre manager. If possible, alternative arrangements should be made to facilitate the scheduled conferences; an inmate awaiting the use of the VC studio is identified and held in accordance with his/her alerts and appropriate security rating (i.e. non association, SMAP, segregation); an inmate identified with an intellectual, sensory and/or physical disability is afforded the appropriate support (see ); the inmate is aware that the Court/ Legal Representative is responsible for providing an interpreter to an inmate who has expressed difficulty or observed to have difficulty communicating through the professional proceedings; every inmate that is held at the VCA has an AVL checklist completed prior to returning to their housing location. (As per: Offender Management and Operations Deputy Commissioner's Memorandum No: 2012/40); and that they are responsible for the day-to-day management, record keeping and security of the studio and staff Officer and Inmate Conduct for Court/Authority/Tribunal/Council Proceedings The AVL studio is considered part of the proceedings and as such officers and inmates alike will conduct themselves in an appropriate manner during these proceedings. In addition, before the commencement of proceedings staff of the VCA will inform all inmates that: an AVL studio is considered to be a court room; they can be heard by people during the proceedings once they have entered the studio; and they are being monitored on closed circuit television (CCTV) at all times while in the studio. It is also acknowledged that in some cases the experience of attending court can be daunting and as such an inmate may become agitated during the proceedings. Notwithstanding this, any misconduct by an inmate in the AVL studio should be dealt with in accordance with the OPM Section 16 Inmate Discipline policy and procedures. If, during the proceedings, an inmate becomes verbally and/or physically aggressive, attempts self-harm or injury to others, the OIC of the VCA may order the removal of the inmate from the studio and return the inmate to a holding cell. The court will need to be notified of the situation immediately. The court may also request the removal of the inmate from the proceedings by contacting the OIC of the VCA Note: In either the above situations, the OIC of the VCA should advise the court as to the suitability of the inmate to continue with the proceedings. V2.0 August 2012 Section 8.32 Audio Visual Link Page 7 of 18

8 AVL Checklist CSNSW has a requirement to have all inmates appearing before Video Conferencing to have an AVL Checklist completed. To ensure duty of care with regard to the risk assessment of those offenders following their AVL appearance, the AVL Checklist procedure must be implemented in all centres with AVL facilities. Any inmate appearing before AVL should be assessed via an AVL Checklist to assess any change in the inmate's circumstances which may require 'at risk' intervention. Managers, Offender Services and Programs are to ensure that the AVL Checklist procedure is implemented. The OIC of the VCA must ensure the following: as part of the Reception, Screening and Induction procedures, all inmates that appear before a Court/Authority/Tribunal/Council for judicial proceedings must be assessed for possible at risk factors following their appearance. To comply with this policy every inmate that appears for any type of video conference (including legal contacts, family video contacts or corporate matters), must have an AVL Checklist completed at the end of the video conference; should an inmate attend VCA and subsequently not be required to appear for the scheduled video conference, an AVL checklist must be completed regardless; the inmate and witnessing officer must sign the AVL Checklist and the check list is then to be attached to the inmates case file; and if the inmate is assessed as being at risk, risk intervention procedures are to be initiated. Refer to the OPM section 13.3 RIT Protocols for more details Video Conferencing Scheduling System (VCSS) The Video Conferencing Scheduling System (VCSS) is used to book video conferences for NSW justice agencies and other participating organisations. VCSS will replace all requests received at the VCA in a paper format (i.e. faxes, ed or posted requests to use AVL studios), once all users have been granted access. The OIC of the VCA must: notify the Manager Security if there is not a trained video conferencing staff member posted to work in the VCA that has access to VCSS; ensure the inmates are ready for the scheduled video conference as per the timeframe which they have been booked to attend; ensure all manual requests for video conferencing (paper or facsimiles) have been entered onto VCSS by the end of the day to identify the matters dealt with at video conferencing during that day (This excludes NSW Court matters); ensure any s received in the Video Conferencing Mailbox for their site through the course of the day have been actioned and cleared; and ensure the protocols of VCSS are adhered to and records are accurately maintained and completed prior to ceasing duty Court Proceedings using Video Conferencing VCA staff should not interrupt judicial proceedings unless in the case of an emergency or when requested by the Court/Authority/Tribunal/Council using the facilities. Staff must not interrupt judicial proceedings in session at the request of another court. Selected courts utilise VCSS to schedule and co-ordinate required VC appearances, adhering to the VCSS protocols. V2.0 August 2012 Section 8.32 Audio Visual Link Page 8 of 18

9 For sites that do not utilise VCSS refer to the Judicial Protocol on the Video Conferencing intranet page when two courts request the use of a Video Conferencing studio simultaneously. The correctional centre studio calls into the court AVL studio at the court s request. That is, the correctional centre studio initiates the VC by dialling into the court once the court has made contact with the correctional centre and requested to commence its proceedings. Inmates attending AVL proceedings are entitled to hold pre and/or post-case interviews with their legal representative, if the representative so requests. In such cases the OIC of the VCA will: facilitate pre and post-case court contact between the inmate and the legal representative via the telephone. Legal representatives can access VC contact by booking via VCSS (standard notification protocols apply); ensure that the inmate s legal representative has identified him/herself before facilitating pre/post case interviews; take instructions from the court or State-wide Disability Services to facilitate the needs of inmates with disabilities; and complete the AVL Checklist on each inmate at the completion of the VC appearance. Note: Only the inmate s legal representative may initiate pre and post-case interviews. Where an inmate is not required for a post-case interview, s/he is to be returned to a holding cell to await transfer to his/her housing location. The full procedures are available in flowchart form which is located on the Video Conferencing intranet page State Parole Authority (SPA) proceedings using Video Conferencing VCA staff should not interrupt judicial proceedings unless in the case of an emergency or when requested by the Court/Authority/Tribunal/Council using the facilities. (Staff must not interrupt judicial proceedings in session at the request of another court). SPA utilise VCSS to schedule their VC appearances adhering to the VCSS protocols. The SPA studio initiates the AVL by dialling into the correctional centre. When SPA and a court request the use of an AVL studio simultaneously, refer to the Judicial Protocol on the Video Conferencing intranet page. Inmates attending SPA proceedings via AVL are entitled to hold pre and/or post-case interviews with their legal representative, if the representative so requests. In such cases the OIC of the AVL studio will: facilitate pre and post-case contact between the inmate and the legal representative via the telephone. Legal representatives can access VC contact by booking via VCSS (standard notification protocols apply); ensure that the inmate s legal representative has identified him/herself before facilitating pre/post case interviews; take instructions from the SPA or State-wide Disability Services to facilitate the needs of inmates with disabilities; and complete the AVL checklist on each inmate at the completion of the VC appearance. V2.0 August 2012 Section 8.32 Audio Visual Link Page 9 of 18

10 Note: Only the inmate s legal representative may initiate pre and post-case interviews. Where an inmate is not required for a post-case interview, s/he is to be returned to a holding cell to await transfer to his/her housing location. The full procedures are available in flowchart form which is located on the Video Conferencing intranet page Serious Offender Review Council (SORC) proceedings using Video Conferencing VCA staff should not interrupt judicial proceedings unless in the case of an emergency or when requested by the Court/Authority/Tribunal/Council using the facilities. Staff must not interrupt judicial proceedings in session at the request of another court. SORC utilise VCSS to schedule their VC appearances adhering to the VCSS protocols. The SORC studio initiates the VC by dialling into the correctional centre. When SORC and a court request the use of an AVL studio simultaneously refer to the Judicial Protocol on the VC webpage; Inmates attending SORC proceedings via AVL are entitled to hold pre and/or post-case interviews with their legal representative, if the representative so requests. In such cases the OIC of the AVL will: facilitate pre and post-case contact between the inmate and the legal representative via the telephone. Legal representatives can access VC contact by booking via VCSS (standard notification protocols apply); ensure that the inmate s legal representative has identified him/herself before facilitating pre/post case interviews; take instructions from the SORC or State-wide Disability Services to facilitate the needs of inmates with disabilities; and complete the AVL checklist on each inmate at the completion of the VC appearance. Note: Only the inmate s legal representative may initiate pre and post-case interviews. Where an inmate is not required for a post-case interview, s/he is to be returned to a holding cell to await transfer to his/her housing location. The full procedures are available in flowchart form which is located on the Video Conferencing intranet page Legal Access using Video Conferencing Legal Video Conferences The VCA is also used to support court and other justice agencies matters that can be conducted via AVL. Legal contacts, through; Legal Aid NSW; Aboriginal Legal Service; Public Defenders; or approved private legal practitioners. are facilitated using AVL studios. (Refer to the VC webpage on the intranet for a list of approved private legal practitioners) Legal Video Contacts are co-ordinated utilising VCSS for the following legal agencies Legal Aid NSW; V2.0 August 2012 Section 8.32 Audio Visual Link Page 10 of 18

11 Aboriginal Legal Service NSW/ACT (ALS); or Public Defenders. Bookings are created on VCSS by the legal agency. The OIC, AVL is to ensure all legal video contacts are logged in the Offender Integrated Management System (OIMS). Private practitioner s legal video contacts are co-ordinated utilising an application form faxed from the approved private practitioner to the correctional centre s VCA (Refer to the VC webpage on the intranet for more details). These contacts must be recorded on both VCSS and OIMS by the OIC, AVL. Legal video contacts must be conducted during the specified time scheduled. The legal studio initiates the VC by dialling into the correctional centre. Inmate may have hard or soft copies of legal documents as required during the legal video visit. The OIC, AVL will take instructions from the State-wide Disability Services to facilitate the needs of inmates with disabilities. An AVL checklist must be undertaken at the completion of each VC appearance. The full procedures are available in flowchart form which is located on the Video Conferencing intranet page Scheduled Teleconference Legal Access In an effort to supply the legal fraternity with a greater access and quality service, selected legal agencies can schedule pre-arranged legal telephone conferences with inmates at VCA in selected correctional centres. Teleconference facility bookings must be coordinated utilising the VCSS, adhering to VCSS protocols. This service will only be available for practitioner with access to VCSS, unless instructed by the General Manager of the relevant centre. Booking time slots will be broken in to half hour sessions with no more than 3 inmates to be scheduled in that time. A legal practitioner or a registered interpreter accompanied by a legal practitioner holding a current Bar Association of NSW, NSW Law Society or Legal Aid Commission card with photograph, who has received instructions to act for an inmate housed in a NSW Correctional Centre in relation to legal proceedings, will only be permitted to use the teleconference facilities to receive instructions, and provide information and advice in respect to legal proceedings. (Note: The legal practitioner listed in the booking must be present throughout the teleconference.) All legal practitioners utilising the teleconferencing facilities must have a Visitor Identification Number (VIN) and state that number within the booking created on VCSS. Information supplied within VCSS must be correct. If the legal practitioner does not have a VIN one must be created prior to the conference. If no VIN is supplied a booking may be rejected at the discretion of the VCA OIC. Bookings can only occur utilising the teleconference facilities within the allocated available times. The legal agency will initiate all teleconference facility bookings. When creating bookings for the teleconference facilities booking conflicts are not to be created. The facility must be V2.0 August 2012 Section 8.32 Audio Visual Link Page 11 of 18

12 available or an alternative time should be sought. In the case of a booking conflict being created CSNSW staff will reject the booking. VCA staff will confirm the inmate is in the centre and check OIMS for visitor restriction alerts. VCA staff will ensure the ID confirmation check of the legal practitioner is conducted prior to the teleconference commencing. (For more information regarding these procedures refer to the Teleconference protocols on the intranet VC website.) VCA staff will follow the necessary procedures to have the inmate in the appropriate area at least 20min prior to the booking s start time. Legal practitioners will be required to quote their VIN and the booking ID number generated by VCSS with them at the time of the phone conference as they will be asked to identify these for security purposes prior to the teleconference commencing. Visual monitoring will be conducted by a check of the inmate. Legal privilege must be observed. VCA staff will ensure the legal contact is recorded on OIMS within the visits module and VCSS. Cancellation of a teleconference studio booking on the day of the booking will require a courtesy call to the VCA staff from the legal agency. Creating a teleconference booking via VCSS with a correctional centre is an acknowledgement that these protocols will be adhered to. The VCSS protocols for legal bookings will be observed for the teleconference facilities as they are for the video conferencing studios Family Video Contact using Video Conferencing General Family Video Contact The AVL studios may be used to help inmates maintain links to family and community. In cases where an inmate is not receiving visits from family and/or friends because of distance, lack of transport, lack of funds, disability or any other valid reason, the inmate or his visitor(s) may apply for Family Video Contact (FVC). Applications for interstate and overseas video contacts will be considered and assessed on an individual basis, but are currently less likely to be approved than contacts within NSW because of the higher cost involved. Applications for FVC which give valid reasons for use of video conferencing should be approved as a matter of course, unless: The inmate has been found guilty of a correctional centre offense during the last 30 days; An Apprehended Violence Order (AVO) Type 2 prohibits contact between the inmate and the intended attendee(s); or The intended attendee(s) is a banned visitor on OIMS. Inmates designated as high security, extreme high security and extreme high risk restricted inmates will need the approval of the Commissioner to have FVC. Inmates of all other security levels will need the approval from the General Manager. VCSS will be used to co-ordinate all FVC conferences. All FVC must be recorded in OIMS within the visits module. V2.0 August 2012 Section 8.32 Audio Visual Link Page 12 of 18

13 Limitations on Family Video Contact Due to the high demand placed on correctional centre AVL facilities from criminal justice proceedings, participating correctional centres are limited to a maximum of 5 FVC conferences per week, and each link-up is limited to 60 minutes duration. Each inmate is limited to 1 FVC per month, unless granted an extra FVC by the General Manager due to special circumstances. FVC is not to be counted against the allocation of ordinary visits. In the event that an inmate has a FVC booking but is transferred to another centre, every effort must be made to facilitate the FVC from the new centre. The approved application remains current until the FVC takes place Application from the Attendee (family and/ or friends) CSNSW is currently unable to receive application for Family Video Contact from family and friends of the inmate, but planning is underway to provide for such applications in the near future. Until then, applications for FVC can only be made by the inmate (see below) Application from the inmate Inmates may lodge a request for FVC by completing one of five available forms: Family Video Contact Application Form With Children SHINE for Kids; Family Video Contact Application Form With No Children - CRC; Family Video Contact Application Form Walgett Courthouse; Family Video Contact Application Form Wagga Wagga Courthouse; Family Video Contact Application Form Moree Courthouse. These forms are available from the OIC of the VCA, and may be printed from the Video Conferencing intranet page. The completed form is to be forwarded to the OIC of the VCA. The OIC will make a case note in OIMS noting that an application has been made by the inmate. Note: If the intended attendee(s) do not have a Visitor Index Number (VIN), the OIC will send the form directly to the Manager, Video Conferencing to obtain a VIN. It will then be returned to the OIC for continued action. Applications without a VIN will take longer to process. Officer in Charge, Video Conference Area (VCA) will complete the OIMS checklist to ascertain whether there is any reason why the FVC should not go ahead such as; a recent correctional centre offence by the inmate; a ban on the intended attendee(s); or an AVO type 2 between the attendee(s) and the inmate). The OIC will then complete the relevant section on page 2 of the form, (the OIMS security checks). If there is a reason the FVC should not go ahead the OIC will refer the application to the General Manager for approval or rejection. In the case of a rejection the inmate is to be advised and a case note is to be recorded detailing the decision. The inmate is to be advised of the result of the application and the reasons. The application is to then be filed on the inmate s case file. V2.0 August 2012 Section 8.32 Audio Visual Link Page 13 of 18

14 If there is no reason for the FVC application to be denied the OIC will forward the application to the required agency. Further assessment and processing of the application will be undertaken by: SHINE for Kids, for a Video Link Up With Children; CRC Justice Support, for a Video Link Up Without Children or; The Participating Court for Video Link Up Using Courthouses SHINE for Kids / CRC Justice Support / Courthouse These organisations will undertake their own assessment of the application, including the needs and circumstances of the inmate and attendee(s). If the application is not approved, they will note this and the reason(s) why, and inform the OIC of the VCA via . The OIC will ensure the rejection is recorded in OIMS within the inmate s case notes. The OIC will ensure the inmate is informed of the application result and the reasons for the denial. If the application is approved, the agency will book the FVC using the VCSS, (adhering to the VCSS protocols). The nominated agency will organise with the attendee(s) the video conferencing studio they will attend, the date and time that the video conference is to occur. The booking must be scheduled on a date no less the fourteen (14) days after the date it is created. (e.g. The nominated agency creates a booking on May the 1 st it can not be scheduled to happen before May the 14 th ). When the agency creates a booking it must not create a conflict with an existing booking. The VCSS booking will automatically inform the OIC of the VCA in the respective correctional centre of all of the details of the video linkup. These details include the date, time, attendee(s), VIN(s), inmate details, and the location and contact details of the AVL studio for the FVC Scheduled Family Video Contact Process: 1. Officer in Charge, Video Conference Area (VCA) The OIC of the VCA is to complete a final OIMS check on all attendee(s) of the FVC that are scheduled to occur the following week. (e.g. today is Monday the 1 st, the OIC will be checking all bookings for the week commencing the Monday 8 th ) The OIC will ensure the booking details are printed and taken to the General Manager or delegate for final approval. If the final OIMS check reveals a reason why the FVC should not proceed, the OIC of the VCA will consult with the General Manager or delegate to determine if the FVC should be cancelled. Once the final approval from the General manager or delegate has been given no FVC will be rejected or cancelled unless in the case of an emergency or where a new type 2 AVO prohibits the contact. If during the final approval process the General Manager or delegate rejects the booked FVC the OIC of the VCA will reject the booking on VCSS, which will in turn inform either SHINE for Kids, CRC Justice Support, or the participating court. The nominated agency who created the booking on VCSS will cancel the booking (as per VCSS protocols), and inform the attendee(s) of the cancellation. V2.0 August 2012 Section 8.32 Audio Visual Link Page 14 of 18

15 The OIC, VCA will ensure that any rejected family video link ups are recorded on OIMS by creating a case note detailing the decision and the reasons for it. 2. General Manager (or delegate) Approval Each Monday the General Manager (or delegate) will peruse the scheduled Family Video Contact (FVC) details for final approval. If the FVC is not approved, the GM will give reason(s), and ensure that the inmate is informed of the decision and the reason for it. If approved by the General Manager (or delegate), the FVC will go ahead the following week. Note: In the case of a correctional centre offence committed after initial approval of the FVC, the General Manager should consider all available forms of punishment before considering cancelling the FVC, as this could be seen as punishing the family for the inmate s offence. If, however, the new information involves a type 2 AVO prohibiting communication between the inmate and the family/ friend(s), the FVC will have to be cancelled Conducting the Family Video Contact: When facilitating FVC, the OIC of the VCA must: ensure that the inmate is at the VCA 1 hour prior to the link up; have knowledge that FVC bookings are created by; o SHINE for Kids o Community Restorative Centre (CRC), Justice Support o Court house via the Indigenous Services Program and are to be coordinated using VCSS; ensure VCSS protocols are adhered to; take any instructions from SHINE for Kids or CRC Justice Support regarding any special needs or disabilities of inmates or attendees; conduct the FVC during the specified time scheduled and accepted on the VCSS calendar; ensure SHINE for Kids, CRC or Court studio initiates the video conference by dialling into the required correctional centre AVL studio; upon the commencement of the video link up, ensure the attendee(s) are the same as listed on VCSS by checking names and DOB; remain alert during the link up for any signs of unacceptable behaviour, such as overt sexual behaviour or verbal abuse or threats. The OIC may warn the inmate and/or attendee(s) about their behaviour, or may decide to terminate the VC. If this occurs, the OIC will immediately report the termination to the Manager Security, and submit an IRM (Incident Report Module); at the completion of the video conference, record the FVC in OIMS (within the visits module) and may create a case note detailing any relevant comments if required; and complete the AVL checklist on each inmate at the completion of the FVC. The full procedures in regard to family video contact are available in flowchart form which is located on the Video Conferencing intranet page. V2.0 August 2012 Section 8.32 Audio Visual Link Page 15 of 18

16 Corporate or Internal CSNSW Video Conferencing The Video Conferencing Area (VCA) may be utilised to conduct various corporate functions such as staff interviews and inter-centre meetings. For corporate matters the Professional AVL studios are recommended as judicial proceedings take priority in court studios The Coordinating Site When conducting Corporate or Internal CSNSW Video Conferences, as the coordinator, initiator or creator of the booking, the OIC of the AVL studio must ensure the following: the Video Conference is booked on VCSS (standard VCSS protocols apply); the VC site is checked for any VCSS notification s; any modifications are to be made by the creating site; the corporate or internal video conference is conducted during the specified time scheduled on the VCSS calendar; when creating a booking all details required for the Video Conference are recorded on VCSS, including attendee(s) titles and/or names to ensure all parties are aware of who is attending; no booking conflicts are created in the course of scheduling the booking on VCSS; the creator of the scheduled booking on VCSS informs security at the required sites of the attendees of the video conference if required. (If a CSNSW staff member needs to attend a Correctional Centre to participate in a Corporate Video Conference the Manager of Security of that centre must be notified of all attendees. If staff are attending Henry Deane Building or corporate regional offices the security of the site must be informed of attendee details); the site that created the booking will initiate the VC by dialling into the participating site; at the completion of the video conference ensure that the system is disconnected; and if the booking is required to be cancelled the creating site must cancel the booking on VCSS The Participating Site When a Corporate or Internal CSNSW Video Conference has been created with your site, the OIC of the AVL studio must ensure the following: the booking on VCSS is actioned (i.e. accepted or rejected), with 48 working hours of when the booking was created as per VCSS protocols; the initiating site is informed of any required modification to the booking details via (any modifications are to be made by the creating site); the VC site is checked for any VCSS notification s, and actioned if required; the attendees are in the studio at the scheduled start time of the video conference. assist in making the video conference connection by dialling in to the creating site if technical difficulties are experienced; upon the completion of the video conference ensure the studio is disconnected; and finish the booking on VCSS. V2.0 August 2012 Section 8.32 Audio Visual Link Page 16 of 18

17 The full procedures in regard to Corporate Video Conferences are available in flowchart form which is located on the Video Conferencing intranet page Access to a AVL Studio by Inmates with a Disability When an inmate identified with either a physical, sensory or intellectual disability is scheduled to appear before the court or other professional matters via AVL, the OIC of the VCA must: check OIMS to see if any disability alerts exist ( Y alert); review and action any recommendations made by the State-wide Disability Services (please check OIMS under the following: Menu Path Intake>Disabilities Screen); contact the manager or a representative of the State-wide Disability Services by to SDS@dcs.nsw.gov.au or call to ascertain whether a support person or Auslan Interpreter is required; and inform all of the participating studios of the inmate s support needs. Where an inmate is identified as having a physical disability (e.g. wheelchair user) and is unable to access a AVL studio at the correctional centre where s/he is housed, arrangements should be made to move the inmate to a correctional centre where access to an Video Conferencing studio can be facilitated Access to Interpreters For information relating to the provision of interpreters with regard to court proceedings, please refer to section Bullet point 11. In regard to other matters conducted by way of AVL, any inmate who has expressed difficulty or is observed to have difficulty communicating in English is entitled to accredited language assistance. CSNSW facilitates access to accredited telephone interpreters and accredited on-site interpreters. For lengthy or complex interviews and for interviews of a legal or professional nature, an on-site accredited interpreter is recommended. However, for interviews of general nature and for quick access to language assistance, an accredited telephone interpreter is recommended. CSNSW also maintains a register of staff accredited under the Community Language Allowance Scheme (CLAS), which is available via the Cultural and Linguistic Diversity webpage on Corrective Services Intranet. Note: CLAS officers are recognised as language aides. Whilst able to provide language assistance, they do not hold interpreting qualifications (refer to section of the OPM) Accredited On-site Interpreters Refer to OPM section for information regarding the provision of accredited on-site interpreters Note: The VC interpreter service is only available to staff in correctional centres where a Video Conference studio is located. In other centres, the telephone service must be used Staff can book for Community Relations Commission interpreter services online by completing the User Profile application. Once the application is approved, CRC will provide the applicant with a username and password. Online booking will allow staff to monitor the progress of their application for interpreter service. V2.0 August 2012 Section 8.32 Audio Visual Link Page 17 of 18

18 Note: Where TIS and Community Relations Commission are unable to provide an on-site or AVL service, officers should contact the Co-ordinator of Multiculturalism on (02) for assistance Automated Telephone Interpreting Service (ATIS) Refer to OPM section for information regarding access to accredited telephone interpreters Evaluation and Monitoring The overall responsibility of monitoring and evaluation of the VC process rests with the Manager of Video Conferencing. However the OIC of the VCA facility is required to: submit all reports of any incident including equipment malfunction to the Justice Agencies Conferencing Support (JACS) line and the Manager Security; and keep themselves abreast of VC updates via the VC website and the Operations Procedures Manual. Staff must also ensure their training currency by refreshing their VC training every 24 months. Reviewed July 2012 Next Review July 2015 DOCUMENT HISTORY Version Date Reference 1.0 April 2005 Initial Version 2.0 July 2012 Reviewed as per DCOMO 2012/108 and COPM 2012/58 V2.0 August 2012 Section 8.32 Audio Visual Link Page 18 of 18