While state and federal corrections departments in America forbid inmates from possessing personal computers, the Australian Government has taken the progressive step in allowing its prisoners to enter the computer age. As more and more of the world’s population relies on the internet for information and communication, incarcerated individuals have been, for the most part, denied access to this technology. The following rules and regulations demonstrate that the Australian department of Justice put much thought in developing a policy regarding the possession of personal computers by inmates. Other countries, perhaps even the United States, will closely watch the result of Australia’s new policy and may consider a similar approach to allowing inmates to take part in the digital revolution.
The following release from the Australian Department of Justice is printed here verbatim.
Personal Computers in Prison
Can prisoners have their own computer?
Corrections Victoria may allow prisoners to have a personal computer in their cell. If a prisoner needs to prepare for a legal case, is participating in an education program or can show that a computer would benefit their sentence plan or rehabilitation, they can apply for permission to purchase a computer.
Access to a computer in the cells of prisoners is a privilege, not a right, for all prisoners. Prisoners who can demonstrate a need for a computer must make an application to purchase a computer, be able to pay for the purchase of an approved computer and software, and abide by the rules regarding computer use and restrictions on software and games. In addition, the prisoner must maintain good conduct and obey prison rules. If a prisoner is found guilty of an offence in prison, access to the computer may be withdrawn for up to 12 months, involving five types of assessment criteria.
A prisoner who is preparing for a court case can still lose access to their 'in-cell' computer if they are found guilty of an offence, and be provided access to a computer only in supervised areas.
Who can apply for a computer?
Corrections Victoria will consider applications for an 'in-cell' computer for three main reasons:
Legal – if a prisoner will be involved in a legal case, an outstanding matter or an appeal, and can demonstrate that they need a computer in order to help them prepare for their defence;
Educational and Training – if a prisoner has approval to take part in an approved educational program for which they need access to an 'in-cell' computer;
Integration needs – if a prisoner has special needs and could be assisted by using a computer, for instance difficulty in writing legibly, then their application will be considered. An application for a computer to assist a prisoner in rehabilitation and integration back into the community at the end of their sentence will also be considered.
What is the process?
Prisoners apply in writing to prison management to request permission for a personal computer. Recommendations regarding the application are made by a committee, with input from prison staff, and advice from program or education staff, or legal representatives depending on why the prisoner has applied for a computer.
The prisoner's behaviour and work record are considered. The type of accommodation in which the computer would be housed is also taken into account, where it may affect safety and security of the prison or the public.
When considering an application for a computer, Corrections Victoria staff assess whether there is any conflict between computer use and the prisoner addressing their offending behaviour. For instance if the prisoner used a computer in the commission of a crime, then the risks involved in providing that prisoner with a computer in their cell would have to be evaluated.
The health and well being of prisoners is important at all times – so if the prisoner was felt to be 'at risk' at any time, access to the computer would be removed immediately.
Generally, once the education course or legal proceeding for which the prisoner needed the computer is finished, the computer will be stored with the prisoner's property, or can be forwarded out of the prison. However, if the prisoner continues to abide by the conditions set for computer access and general prison rules, then continued access to the computer may be granted. It is noted that when a computer is considered for approval, ‘necessary’ is not to be taken to mean ‘desirable’.
How is the computer paid for?
Once permission has been granted for the purchase of a computer, the prisoner signs a Computer Agreement, accepting the rules, restrictions and responsibilities associated with having an 'in-cell' computer. The prisoner must place enough money in their Private Monies Account to cover:
all the costs of buying the computer
the installation of a smoke detector in their cell
protection of all computer equipment from electrical power surges by a 'surge diverter' or 'spike'
approved hardware and software - purchased through prison administration on the prisoner's behalf
computer maintenance and repair - carried out by professionals authorised by Corrections Victoria.
Computer equipment and software can only enter and exit the prison via the prison store, and be handled by authorised stores staff, unless it is being transferred between prisons. Freight costs associated with these purchases are paid for by Corrections Victoria.
Are there restrictions on the sort of computers prisoners can have?
There are some very strict guidelines on what hardware and software a prisoner may access. Because technology changes very rapidly, guidelines on computer hardware and software are reviewed every six months.
Laptop computers are completely banned in prisons in Victoria for the following reasons:
they pose a security threat because they can easily be moved from cell to cell without detection
they are potentially highly tradeable and valuable
there would be difficulty protecting such an expensive item from being dropped or damaged
the ability to have 'wireless fidelity' (Wi-Fi) attachments or software installed
the difficulty in obtaining laptops that comply with the restrictions imposed by Corrections Victoria Computer Policy.
Approved Hardware
To be approved for purchase for a prisoner, computer hardware must be:
desk-top with a limit of three drive bay slots
a single processor CPU only
single hard disk drive only (no limit on capacity)
no limit on RAM
take standard 3.5" floppy (1.44 MB)
single IDE, CD or DVD ROM or Blue Ray drive only
Video card - no limit on MB
one keyboard
standard wheel mouse
maximum 3 piece speaker system, including sub-woofer
flat screen monitor, and if required for specialist education tasks, can include plasma options
must be able to be dismantled for inspection
black ink printers only
Prohibited Hardware
The following hardware is not allowed in prisons:
laptop and handheld computer technology
wireless networking (Centrino) technology is prohibited
'Wireless Fidelity' (Wi-Fi), attachments or software
USB flash hard-drive devise and MP3 players
CD and DVD burners
video capture and TV option video cards
remote access type sound cards or microphones
infrared or cordless keyboards
infrared mouse or cordless mouse
modems or any device enabling the computer to connect to internet, television or telecommunication networks
colour printers (colour cartridges may be removed from printers enabling only black and white printing).
Approved Software
Approved software must meet the following criteria:
legitimate licensed software, in accordance with copyright law
Microsoft Windows compatible
Microsoft Office programs only
specific programs provided or supported by the Education Provider for use in approved study course or program
disability support software or hardware – e.g. voice recognition for visually impaired users.
Prisoners apply to purchase software, and once the purchase is approved, it is handled by prison stores. Games are labelled as the property of the prisoner, and are not allowed to be swapped, sold or lent to other prisoners.
Prohibited Software
The following items are banned:
access to games rated above M15+
use of encryption software
use of duplication software
use of virtual drive software
'Wireless Fidelity' (Wi-Fi) software
Electronic Games Consoles
At the discretion of the General Manager, prisoners may be permitted to use electronic games consoles. The console and any software may only be purchased through the prison shop. As with personal computers, games consoles with the capacity to connect to telecommunication networks, such as PlayStation 2 are not permitted.
Games Software
The following restrictions apply to games software in prisons:
'G' rated interactive electronic games – General, suitable for all ages
access to interactive electronic games rated above 'G' but no higher than M15+ (mature suitable for persons 15 years and over) is at the discretion of prison management
games rated M15+ are not allowed under any circumstances
prisoners are not allowed access to interactive electronic games containing gratuitous violence, pornography or explicit sexual material.
What happens to the computer if a prisoner is transferred?
If a prisoner is granted permission to have a computer in their cell, when transferred this approval will apply to any other Corrections Victoria Prison, provided that the prisoner continues to abide by all the guidelines. If a prisoner is being transferred interstate, then they must apply in writing and meet the criteria set by that state for an 'in-cell' computer.
Other guidelines/operating environment
All aspects of a prisoner's ownership and use of a computer are strictly monitored. Prisoners may have a maximum of ten floppy disks and ten CD ROM disks for use. Prisoners buy replacement disks from the prison shop on an exchange basis, with the full disks being stored with the prisoner's property. A register of the prisoner's hardware and software is kept, and checked regularly to ensure that no unauthorised additions, deletions or transfers have occurred.
Transfer of hardware, software or information amongst prisoners or between prisoners and the community is not permitted. In the interests of safety and security, some strict guidelines are applied:
materials for education courses are monitored by the Education Centre to adhere with prison guidelines
any external communication for the purposes of education, either through a computer disk or modem, occurs under strict supervision
prisoners involved in a trial may receive transcripts relating to their current trial only. Disks will only be accepted either directly from the court or the prisoner's legal representatives, and disks and CD ROMS will be checked by staff.
Copyright Act 1968 and Copyright Amendment (Digital Agenda) Act 2000
Copyright law protects the intellectual property rights of those who develop and distribute things like computer software and music. Fines for breaches of copyright can be up to $250,000 for organisations or $50,000 for individuals and/or six months imprisonment. Copying any software, or music such as CDs or tapes, is an infringement of copyright, even if the person making the copy owns the original material. Prisoners may not keep any copied CDs or have any blank or recordable CDs.
Source: Australia Department of Justice,and Cure National
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