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Prison Reform (Mental Health)


 

Prison Reform (Mental Health)

 

 
 

Contents

Part 1

Preliminary

1   

Interpretation

Part 2

Needs Assessment and Report

2   

Assessment of needs

3   

Report on needs

Part 3

Mental Health and Special Learning Needs Officers

4   

Appointment of Officers

5   

Duties of Officers

Part 4

Miscellaneous and General

6   

Expenses

7   

Short title, commencement and extent

 

Bill 82                                                                                                 

54/1

 
 

Prison Reform (Mental Health)
Part 2 — Needs Assessment and Report

1

 

A

Bill

To

Make provision for the mental health and special learning needs of convicted

prisoners; and for connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Part 1

Preliminary

1       

Interpretation

In this Act—

“mental health needs” and “special learning needs” shall have the

5

meaning prescribed by the Secretary of State;

“prison” means any prison or young offender institution which is under

the general superintendence of, or is provided by, the Secretary of State

under the Prison Act 1952 (c. 52) including a contracted out prison

within the meaning of Part IV of the Criminal Justice Act 1991 (c. 53);

10

“prisoner” means a person serving a sentence of imprisonment;

“prison governor” means, in relation to a contracted out prison within the

meaning of section 106(4) of the Criminal Justice and Public Order Act

1994 (c. 33), the director of the prison.

Part 2

15

Needs Assessment and Report

2       

Assessment of needs

(1)   

The Secretary of State shall have a duty to ensure that an assessment is carried

out by a suitably qualified person of—

(a)   

the mental health needs, and

20

(b)   

the special learning needs,

 
Bill 82 54/1
 
 

Prison Reform (Mental Health)
Part 4 — Miscellaneous and General

2

 

   

of every person convicted of an offence and sentenced to a term of

imprisonment after the coming into force of this Act.

(2)   

An assessment under this section shall be carried out within seven days of a

person beginning his prison sentence.

3       

Report on needs

5

(1)   

A report setting out the findings of each assessment made under section 2 shall

be produced within 14 days of the prisoner beginning his sentence.

(2)   

The report shall be made available to—

(a)   

the Secretary of State, and

(b)   

the relevant Officer appointed under section 4.

10

Part 3

Mental Health and Special Learning Needs Officers

4       

Appointment of Officers

(1)   

The Secretary of State shall appoint a Mental Health and Special Learning

Needs Officer in each prison.

15

(2)   

An Officer appointed under this section shall be responsible for ensuring that

the mental health and special learning needs of convicted prisoners are met in

the prison to which he is appointed.

(3)   

Unless otherwise specified, the prison governor shall be deemed to be the

Officer appointed for the purposes of this section.

20

5       

Duties of Officers

(1)   

The Secretary of State shall, by statutory instrument, prescribe the duties of

Officers appointed under section 4.

(2)   

The duties shall include—

(a)   

the drawing up of appropriate programmes of support for relevant

25

prisoners based upon the assessments made under section 2 and the

reports produced under section 3, and

(b)   

the production of an annual report to the Secretary of State setting out

details of the support they have caused to be provided to appropriate

prisoners during the previous year.

30

Part 4

Miscellaneous and General

6       

Expenses

There shall be paid out of money provided by Parliament any expenditure incurred by

the Secretary of State for or in connection with the carrying out of any functions under 

35

this Act.

 
 

Prison Reform (Mental Health)
Part 4 — Miscellaneous and General

3

 

7       

Short title, commencement and extent

(1)   

This Act may be cited as the Prison Reform (Mental Health) Act 2006.

(2)   

This Act shall come into force at the end of the period of six months beginning

with the day on which it is passed.

(3)   

This Act extends to England and Wales.

5

 
 

 
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