March 16, 2000
(Justice)

Department releases report into death of Kevin Alfred Smith

The Department of Justice has released the report of the inquiry into the death of Kevin Alfred Smith at the St. John�s Lock-up on November 18, 1995.

Justice Minister Kelvin Parsons noted today that Judge M. R. Reid made three recommendations in the inquiry report, namely:

•  that the protocol governing the transfer of custody from police officers to correctional authorities for the purpose of detaining persons receive a thorough review and that clear guidelines be established for the use of personnel involved in that procedure;

• that the rules, regulations and policies concerning the detention of persons under the Detention of Intoxicated Persons Act be reviewed with a view to clarification of those policies and guidelines so as to aim for uniformity and appropriateness in their implementation; and,

• that there be made available qualified medical personnel at least at the registered nurse level at all prisoner holding facilities in the province. There are eight such facilities for adults in the province - six correctional centres and two lock-ups - located at St. John�s, Salmonier Line, Clarenville, Bishop�s Falls, Corner Brook, Stephenville and Happy Valley-Goose Bay.

The minister said that the Department of Justice has already initiated policy which addresses the first two recommendations.

"Since Mr. Smith�s death, the Division of Corrections and Community Services has developed and implemented a detailed protocol for the transfer of prisoner custody from police as well as deputy sheriffs," said Minister Parsons.

"In addition, the RNC acknowledged at the inquiry before Judge Reid that its policy in relation to the transfer of custody from police officers to correctional authorities was in need of revision. The RNC policy will be redrafted and reissued so that it is consistent and clearly takes into account the recently implemented policy of the Adult Corrections Division," said the minister. "The RNC will also undertake appropriate in-house training so that all operational personnel are clearly aware of the authorities and responsibilities of the respective agencies."

In response to the second recommendation Minister Parsons stated that the RNC policy with respect to detention of intoxicated persons will be studied, in conjunction with the Adult Corrections Division, to ensure a mutuality of criteria for admission and release of intoxicated persons. In addition, operational personnel of the RNC will receive appropriate in-house training in this regard.

"Over the past five years the RNC has strived to reduce the number of intoxicated persons detained at the lock-up," said Minister Parsons. "This initiative has been successful as reflected in recent data for St. John�s jurisdiction which shows a decline in the number of detainees from 2,063 to 730 from 1993 to 1998."

As for the third recommendation, pertaining to registered nurses being on staff at all provincial holding facilities, Minister Parsons pointed out that since Mr. Smith�s death, the Division of Corrections and Community Services has introduced a medical screening form to assist correctional officers in identifying potential medical problems during the prisoner admitting process.

"Correctional officers are clearly instructed to arrange for the prisoner to be escorted for a medical assessment if there is any doubt about a prisoner�s health," said the minister. "Cost has never been a factor."

"Furthermore, given that the great majority of prisoners are detained in lock-ups for only brief periods and the greatest volume of activity is after hours (nights and weekends), and given that the number of incidents demanding on-site, immediate medical attention is low at other closed custody correctional facilities in the province, it is not reasonable to arrange for full-time nursing coverage," said Minister Parsons.

The minister went on to note that approximately 40 nurses would be required to provide full-time nursing coverage for all eight of the province�s closed custody correctional facilities.

Minister Parsons said the best rule is to ensure that correctional officers understand that they are not expected to make medical judgments, but are required, as a matter of policy, to escort the prisoners if there is any doubt about his/her health.

"This appears reasonable, given the inquiry�s own observation that there is �a low statistical incidence of need for emergency medical assistance by detainees at provincial lockup facilities�," noted the minister.

"The Department of Justice acknowledges the desirability of having experts available to assist correctional staff in the case of medical emergencies, and is exploring appropriate ways and means of addressing this issue in the longer term," said Minister Parsons.

Copies of the report are available through the department or by calling (709) 729-0084.

Media contact: Lynn Barter, Communications, (709) 729-0084.

2000 03 16                                                                     10:15 a.m.