Use this procedure for requests from the Adult Parole Board to transfer a young person to a youth justice precinct.

 

When to use this procedure

When the Adult Parole Board requests the transfer of a young person from prison to a youth justice precinct.

 

What else you need to know

 

Practice context and legislation

  • Some young people under 21 years who are sentenced to imprisonment may be considered suitable to serve their sentence in a youth justice centre because of factors such as their age, immaturity, vulnerability in prison and prospects for rehabilitation.
  • When a young offender between the ages of 10 and up to 18 years is convicted of a very serious offence (for example murder or manslaughter), the Supreme Court may sentence them to a period of imprisonment within the maximum timeframe stipulated in law. Upon receiving a sentence of imprisonment, these young offenders are subject to the jurisdiction of the Adult Parole Board. Because of the young person’s age, the court may recommend that the Adult Parole Board request an assessment be conducted immediately following sentencing, under s. 471 of the Children Youth and Families Act 2005.
  • Under s. 471, the Adult Parole Board can order a transfer from prison to a youth justice precinct after considering a report from youth justice. The report must address the following criteria:
    • that the person is suitable for detention in a youth justice precinct
    • a place is available in a youth justice precinct.
  • If the young person is suitable for transfer and is ordered to serve their sentence in a youth justice precinct, they may be transported directly there from court without spending time in prison. Some of these young people may have spent time on remand in a youth justice precinct.
  • For 18–20 year olds sentenced to a period of imprisonment, reasons for requests to the Adult Parole Board for transfer vary and often relate to the age, vulnerability and the coping mechanisms of the young person within the adult prison system.
  • Upon transfer to a youth justice precinct, these young people become subject to the jurisdiction of the Youth Parole Board. The Youth Parole Board must recognise any non-parole period set by the court and not release a young person on parole until the minimum sentence time is served.
 

Roles and key tasks

Team leader or court advice service worker

  • Conduct a CRIS search to obtain relevant information.
  • Interview the young person (face-to-face) to assess suitability for transfer to a youth justice precinct.
  • Refer to indicators and contra-indicators for the suitability assessment.
  • Consult with relevant youth justice precinct staff and Corrections Victoria.
  • Record information gathered and communication in CRIS.
  • Prepare s. 471 report, and provide recommendation.
  • Consult with line management and Youth Justice Senior Practice Adviser.
  • Refer to Assistant Director / Manager Individual and Family Support for endorsement.

Assistant Director / Manager Individual and Family Support

  • Receive delegation of request for assessment, and any relevant information.
  • Delegate to team leader or court advice service worker.
  • Discuss recommendation with General Manager of relevant youth justice precinct.
  • Endorse report and provide endorsed report to Manager, Operations and Practice for review and further discussion where necessary.

Manager, Operations and Practice

  • Receive report endorsed by Assistant Director / Manager Individual and Family Support and discuss further if necessary.
  • If issues arise regarding availability of a place in a youth justice centre, liaise with youth justice centre management and the Adult Parole Board.
  • Forward endorsed report to the Assistant Director, Youth Justice and Disability Forensic Unit for final endorsement.

Assistant Director, Youth Justice and Disability Forensic Unit

  • Approve the report or seek further information.
  • Where required, forward the report to the Director, Statutory and Forensic Services Design Branch for approval.
  • Where young person is found suitable, forward the report to Adult Parole Board for its consideration.
  • If young person is found unsuitable, forward a letter to Adult Parole Board advising the Board of the outcome.

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Director, Statutory and Forensic Services Design Branch

  • Approve s. 471 report if case is contentious or media sensitive.

Youth Justice Senior Practice Advisor

  • Provide case consultation in relation to s. 471 report. This should occur subject to local area agreements between Assistant Director / Manager Individual and Family Support and the Senior Practice Advisor.

 

 

The procedure in detail

Transfer request received from the Adult Parole Board

Upon receiving a request for prisoner transfer, the Adult Parole Board will make a request to the Assistant Director, Youth Justice and Disability Forensic Unit for a report which addresses the two legislative criteria:

  • that the person is suitable for detention in a youth justice precinct
  • a place is available in a youth justice precinct.

Coordination and delegation of request

The Manager, Operations and Practice, is responsible for providing central coordination of the Adult Parole Board request, including subsequent liaison with the board and other logistics that may arise.

The Manager, Operations and Practice, is responsible for delegating the assessment and preparation of the draft report to the Assistant Director or Manager Individual and Family Support in the relevant local area.

Delegation to the appropriate area will generally be based upon the location of the young person’s place of residence but in some circumstances may be the area in which the young person is in prison.

Information forwarded

The Manager, Operations and Practice will forward the request, along with any other information received from the Adult Parole Board, to the Assistant Director / Manager Individual and Family Support who prepares the report.

Area delegation

The Assistant Director / Manager Individual and Family Support will delegate responsibility for the report to a youth justice worker as appropriate, for example, a team leader or experienced court advice worker.

Information sharing

Procedures around seeking consent to obtain and exchange information apply as per the procedure for ‘Privacy and information exchange’.

Assessment conducted

The area youth justice worker conducting the assessment must interview the young person (face-to-face) for the purposes of assessing suitability for transfer to a youth justice centre.

Clarification of the young person’s current legal status is important, particularly with regard to any outstanding charges.

A Client Relationship Information System (CRIS) search must be conducted to ensure all relevant information is obtained.

Consultation with Youth Justice Custodial Services and Corrections Victoria

The youth justice worker undertaking the assessment must consult with senior youth justice precinct staff, (for example a unit manager), of the relevant youth justice precinct regarding the assessment.

Before final area endorsement, the Assistant Director / Manager Individual and Family Support must confirm the recommendation with the General Manager of the relevant youth justice precinct.

The assessment must be informed by consultation with Corrections Victoria and other persons within the department or external agencies who have been involved with the young person.

The s. 471 assessment tool should be used to assist in identifying relevant indicators and contra-indicators for the suitability assessment and recommendation concerning transfer.

Availability of a place in a youth justice precinct

If, during the assessment process, issues arise regarding the availability of a place in a youth justice precinct, the matter should be referred to the Manager, Operations and Practice, who will liaise with Youth Justice Custodial Services and the Adult Parole Board concerning the next steps to be taken in the process.

Report completed

The area youth justice worker will complete a draft report using the s. 471 report proforma and, following consultation with his/her supervisor, make a recommendation about the young person’s suitability.

The report must clearly state the reasons why the young person is deemed suitable or unsuitable for transfer to a youth justice precinct.

CRIS recording

All relevant information gathered during the assessment process must be recorded in accordance with the procedure for 'Case note recording'.

Ensure that all communication with youth justice precinct staff is documented, including the name of staff consulted with regarding the suitability to transfer.

Assistant Director / Manager Individual and Family Support endorsement

The Assistant Director / Manager Individual and Family Support signs off on the completed report.

The report will then be forwarded to the Manager, Operations and Practice for review and further discussion where necessary.

The Manager, Operations and Practice will then forward it to the Assistant Director, Youth Justice and Disability Forensic Unit for endorsement.

Assistant Director approval

The Assistant Director, Youth Justice and Disability Forensic Unit approves the report (or seeks further information).

Contentious recommendation

In the event of a contentious recommendation and/or media sensitive case, the Assistant Director, Youth Justice and Disability Forensic Unit will forward the report to the Director, Statutory and Forensic Services Design Branch for approval.

Advice to Adult Parole Board

Where a young person is assessed as suitable, the Assistant Director, Youth Justice and Disability Forensic Unit will forward a letter with the report to the Adult Parole Board for consideration.

Where a young person is assessed as not suitable, the Assistant Director, Youth Justice and Disability Forensic Unit will forward a letter regarding the decision to the Adult Parole Board.

 

Additional information