1. PRISON MANAGEMENT of the prisoner”.33 The prisoner’s ability to adapt to regime rules, their personality (history of violence, suicide attempts, substance abuse, cognitive skills, etc.) and social contacts should all be subjects of particular interest in the risk assessment process.34 Risk assessments should be based on all available information about the prisoner, including from interviews with the prisoner. Decisions on risk factors must not be subject to bias or stereotyping, including in relation to gender. Assessments should take into account that perceptions of what is “appropriate” behaviour for men/women in society do not cease to exist at the prison wall and may lead to female or male prisoners experiencing particular risks or having certain needs. This is particularly relevant for LGBTI prisoners, who face an increased risk of being subjected to violence, harassment or intimidation. 76 In the Council of Europe’s publication, A Handbook for Prison Staff with a focus on the Prevention of Ill‑treatment in Prison, it is suggested that the initial risk assessment is carried out as soon as possible after a prisoner is admitted to a prison facility. This is a particularly important step for detainees in remand prisons, since the first 48 hours of imprisonment are more risky in terms of suicidal behaviour, poor adaptation to the prison environment or other safety risks. In particular, the risk is high for prisoners who belong to vulnerable groups, such as juveniles and young prisoners, elderly prisoners, mentally ill prisoners or prisoners with histories of drug abuse.35 1 75 Needs assessments 77 The purpose of assessments is not only to identify and deal with the risks a prisoner poses, but also to identify and address their specific needs and vulnerabilities, including, for example, mental health conditions, previous instances of victimization, protection from violence and suicide prevention. As with risk assessments these needs assessments must be individualized, regularly reviewed and updated, and the prisoner should be involved in the process. Sentence planning 78 Sentence plans are designed to rehabilitate a prisoner for re-entry into society by addressing the root cause of their criminal activity. They are primarily designed to facilitate the rehabilitation and reintegration of prisoners. They can include, for example, educational and training programmes as well as access to drug or alcohol dependency programmes. They can also focus on issues such as personal relationships, family reconciliation and anger management. Sentence plans should be regularly reviewed. According to Rule 94, a sentence plan should be put together “as soon as possible” following a prisoner’s admission. Other considerations 33. 34. 35. 36. 37. 79 A prisoner’s assessment and classification should never be based solely on the offence of which he or she is accused or convicted or the length of the sentence. Prisoners serving life sentences or having received death sentences “must not be subjected to higher security measures merely on the basis of their sentence.”36 80 Most assessment tools have been designed to predict antisocial behaviour by men, and do not, therefore, account for women-specific factors associated with the risk of re-offending.37 Rules 40 and 41 of the Bangkok Rules require that prison administrators develop and implement classification methods addressing the gender-specific needs and circumstances of women prisoners to ensure appropriate and individualized planning and implementation towards early rehabilitation, treatment and reintegration into society. 81 Prison administrations need specific tools for carrying out risk and needs assessments and they should be used consistently and according to agreed criteria, including dynamic factors that are currently present and can be influenced, and static factors based on the history that Jim Murdoch and Vaclav Jiricka, op. cit., note 31, p. 34. Ibid. Ibid, p. 35. Essex paper 3, Penal Reform International and the University of Essex, op. cit., note 4, p. 24. For example: Breanna Boppre & Emily Salisbury, The Women’s Risk Needs Assessment: Putting Gender at the Forefront of Actuarial Risk Assessment, Penal Reform International, 12 April 2016 at www.penalreform.org/blog/womens-risk-needs-assessment-putting-gender-forefront-actuarial. Guidance document on the Nelson Mandela Rules 23