Prison rioters face 15 years of extra jail time under SA corrections overhaul

Inmates who take part in prison riots face an extra 15 years behind bars under tough new laws that also crack down on drugs and contraband.

Prisoners taking part in riots and revolts face up to 15 years of extra jail time as part of tough new correctional services laws in South Australia.

The State Government created new offences to specifically deal with unruly prisoners, while other laws were introduced to crack down on drug smugglers and locked-up offenders sending letters to their victims.

Correctional Services Department chief executive David Brown said previous prison rioters had to be prosecuted under general laws.

“A group of people getting together in a prison in an unlawful assembly can really compromise the good order and security of the prison,” Mr Brown said.

“It’s not the same as a group of people getting together on the steps of Parliament House or a group of people getting together at Victoria Square.

“Parliament introducing these specific offences should make it easier for police to gather evidence and for prosecutions to occur.”

The maximum penalty for prisoners who damage jail property and endanger the facility, which is a new offence, is 15 years.

Correctional Services dog handlers Paul Saberton (left) and David Zuromski with evidence gathered from South Australia’s prison system. Picture: Emma Brasier

Another new offence – prisoners taking part in an “unlawful assembly” – carries a maximum penalty of three years’ imprisonment.

An unlawful assembly is defined as three or more prisoners gathering with intent to disturb the peace or provoke other inmates.

One of the main features of the State Government’s reform, which was finally approved by parliament last month after first being announced in May 2019, was the introduction of 100m drug “buffer zones” around prisons.

People caught with drugs within those zones face up to a decade behind bars. The penalty for prisoners busted with drugs were also increased from a maximum of five years in jail to 10 years.

Correctional Services Minister Vincent Tarzia said it sent a clear message to would-be smugglers and prisoners.

“If you touch contraband then you’re literally gambling with extra years behind bars,” Mr Tarzia said.

Drones were also banned from flying over prisons – a direct response to people attempting to use the devices to deliver drugs to correctional facilities.

Corrections Minister Vincent Tarzia says the stronger drug penalties send a strong message to would-be smugglers, while Correctional Services boss David Brown (right) hopes to bring unruly prisoners in line with new laws. Picture: Emma Brasier

People caught flying drones within 100m of a correctional facility can be fined up to $10,000 or locked up for two years.

New laws on prison mail were also introduced, explicitly banning inmates from sending letters to victims of their crimes or to co-offenders in the outside world. “We’ve had instances where there’s been prisoners with registered victims of some notoriety sending letters out that are then later published on websites,” Mr Brown said.

In May 2020, The Advertiser reported fake letters from lawyers were being used to smuggle large quantities of suboxone – a drug used to treat opiate addiction but used by prisoners to get high – during the COVID-19 pandemic.

Delivering on a 2018 election promise, the State Government funded a business case exploring the viability of mobile phone jamming technology to stop prisoners from communicating with the outside world.

However, a “deeper and more dynamic response” across all sites was implemented after the business case found other measures were more appropriate, Mr Brown said.