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Human Rights and Prisons - Rethinking Crime and Punishment

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of detention together with convicted prisoners, <strong>and</strong> amend the Immigration Act<br />

accordingly‟.<br />

8.5 Prisoners with Disabilities<br />

Law <strong>and</strong> policy framework<br />

The Corrections Act (s75) details that health care provisions to prisoners must<br />

be reasonably equivalent to health care enjoyed by the general population.<br />

Support services for prisoners with disabilities are provided by Prison Service<br />

staff. The Department of Corrections (2008b) maintain a Disability<br />

Implementation Plan in consultation with the Office of Disability Issues.<br />

During 2007, Corrections also established a Staff Disability Network. This<br />

network provides mutual support to staff that have a disability or an interest in<br />

disability issues. It enables staff to share ideas <strong>and</strong> experiences, <strong>and</strong> promote<br />

equality for staff with disabilities.<br />

Staff should have information about prisoners with special physical <strong>and</strong>/or<br />

intellectual needs. Prison practices <strong>and</strong> routines, <strong>and</strong> the cell placement of<br />

prisoners, should be adjusted to meet these needs.<br />

With regard to prisoners with intellectual disabilities, prisoners should:<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

Have a Sentence Management plan;<br />

Be able to establish, <strong>and</strong> maintain, family communications;<br />

Be provided with advocate support in all formal meetings <strong>and</strong> hearings;<br />

Be communicated with in a form that is underst<strong>and</strong>able to them;<br />

Have priority for placement close to their community networks, as far<br />

as practicable;<br />

Have their best interests promoted <strong>and</strong> be protected from exploitation;<br />

Not be segregated solely on the basis of intellectual disability;<br />

Provided with reintegrative programmes <strong>and</strong> services that meet their<br />

needs.<br />

With regard to prisoners with physical disabilities, prisoners should:<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

Be provided with suitable programmes <strong>and</strong> services to enable them to<br />

participate in prison activities;<br />

Have access to employment <strong>and</strong> programme opportunities;<br />

Be provided with special clothing <strong>and</strong>/or footwear to enable them to<br />

participate in activities;<br />

Be held in prisons that are able to cater to their needs;<br />

Have physical rehabilitation therapy that addresses their spiritual <strong>and</strong><br />

cultural needs, <strong>and</strong> involves family/whānau as required.<br />

Have their participation in programme activities as a priority (this can<br />

involve additional visits from support people <strong>and</strong> agencies to<br />

encourage participation);<br />

Be provided with adequate exercise facilities <strong>and</strong> suitable equipment;<br />

Be able to access health staff <strong>and</strong> support personnel, during hours of<br />

lock-up.<br />

98

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