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Dáil

Written answer

Prison Service

2208. Deputy Ivana Bacik asked the Minister for Justice, Home Affairs and Migration the details of the policy, criteria or decision-making process used by the Irish Prison Service for determining whether an individual will be placed on a basic, standard or enhanced regime upon committal; the policy, criteria, and decision-making process for changing the regime a person is on; and if he will make a statement on the matter. [60602/26]

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Jim O'Callaghan Minister for Justice, Home Affairs and Migration Fianna Fáil

I am advised that the Irish Prison Service operates an incentivised framework in line with their Incentivised Regimes policy. The Policy is available on the Irish Prison Service website www.irishprisons.ie/about-us/care-and-rehabilitation/incentivised-regimes-policy/.

The Incentivised Regimes policy provides for a differentiation of privileges between people in custody, according to their level of engagement with services and behaviour. The objective is to provide tangible incentives to those in prison to participate in constructive activities and to encourage good behaviour, leading to a safer and more secure environment.

There are three levels of regime – basic, standard and enhanced, with different privileges associated with each regime level. All people on committal enter the system at standard regime level and have the opportunity to become eligible for the enhanced regime status once they have met the required criteria for the preceding two months. There are three fundamental requirements which must, at a minimum, be met before a person in custody can be considered for progression to the Enhanced Level of the Prison Privilege Regime. These include:

1. Actively participating in at least five constructive activities per week

2. Have spent a minimum of 56 days on Standard Privilege Level

3. Demonstrate exemplary behaviour and/or be a positive influence on their peers.

People in custody may be moved to the Basic Level of the Prison Privilege Regime where they are in breach of the Prison discipline rules or where they fail to meet the requirements of either the Standard or Enhanced Level. Where a person in custody has two unacceptable weeks within a 56 day period, their placement on the regime may be reviewed and they may be considered to be moved from the Standard Level to Basic Level.

I am further advised that recommendations and decisions on regime levels are made by the Class Officer and accepted or rejected by the Assistant Chief Officer following consultation with those responsible for co-ordinating or delivering services. Decisions on regime level are confirmed by a Chief Officer. Assistant Chief Officer’s audit at least ten percent of cases weekly to ensure consistent high standards. Chief Officers review the appropriateness of people in custody regime levels at least quarterly.

People in custody who are on remand are treated in the same way as those who have been sentenced for the purposes of the Incentivised Regimes policy.

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