Community Justice Coalition S

Community Justice Coalition’s

NSWState Election Submission and Questionnaire for penal reform

Summary of political responses

Penal reform continues to be a priority issue on the agenda for criminal justice reform in NSW. That position is reflected in the responses of political parties concerning prison conditions and the establishment of alternatives to imprisonment.

Most political parties agree that the punitive nature of the current justice system has not reduced crime. They are in favour of a rehabilitative approach that address the socio-economic causes of crime, as well as restorative justice programs which involve the victim, offender, and community. These programs emphasise non-custodial and alternative approaches to sentencing, particularly for minor offences.

Political parties have been urged by the CJC to take action to address problems of the prison and detention systems and to take measures to reduce the number of prisoners on remand. A number of areas are involved including women, juveniles, prison health, pre-trial detention and restorative justice and alternatives to incarceration.

The challenge in Australia is to efficiently and effectively use the substantial resources spent on incarceration. Over the past two decades, there has been a sharp increase in custodial sentences that cannot be explained by increasing crime rates alone, rather it has been policy-driven. Despite the fact that the current 'law and order' campaigns have failed dramatically, imprisonment continues to be the preferred method of sentencing, particularly for minor offences. As a result, the need to review existing policies is paramount.

Political responses have been received from the following and a summary is provided below:

Minister Phillip Costa MP – Minister for Corrective Services

NSW Government

Mr Mark Needham – Campaign Director

NSW Liberals and Nationals

Mr David Shoebridge MP – Planning Spokesperson

NSW Greens

Dr Arthur Chesterfield-Evans

Australian Democrats

Mr Duroyan Fertl – Crime and Justice Spokesperson

Socialist Alliance NSW

'Law and Order' Campaigns and the Failure to Reduce Crime

NSW Liberals and Nationals, in Opposition, have announced that they will not engage in a ‘law and order’ auction. Instead, they plan to review current sentencing legislation. This includes opposing mandatory sentencing, simplifying sentencing procedures, and more importantly, giving the judiciary greater discretionary sentencing powers. They will also invest more money and resources in rehabilitation to break the cycle of recidivism. The Opposition commits to increasing funding for drug and alcohol rehabilitation schemes; the Custody-Based Intensive Treatment program for sex offenders; and education programs and will consider post-release accommodation.

The NSW Government has introduced the MERIT program, the CREDIT program, the Drug Court, reforms to Intensive Correction Orders (ICOs), and Forum and Circle Sentencing. It has expressed its commitment to expanding the Drug Court in the Hunter region and will continue to review and consider further options for social crime prevention programs.

The Opposition has promised to strengthen the fight on drug addiction and reoffending rates by establishing a Metropolitan Drug Treatment Facility for up to 300 inmates, with a focus on minor drug related crimes, treatment, and rehabilitation. Further the Opposition will support investment into social crime prevention and diversionary schemes including the Drug Court, MERIT scheme, section 32 and 33 applications under the Mental Health (Forensic Provisions) Act and youth justice conferencing.

The Greens have committed to actively campaign for justice reinvestment and move resources from the criminal justice sector to the community, in order to address the causes of crime rather than its consequences.

The Socialist Alliance (the Alliance) considers gaols as ‘schools of crime, and imprisonment should be the very last resort in sentencing, especially for those guilty of victimless crimes on remand.’ They also believes that greater use should be made of community-oriented rehabilitation schemes with a boost to special development programs. Furthermore, the Alliance supports the implementation of alternatives to imprisonment such as restorative justice and Circle Sentencing. They support ‘a wholesale shift from the overly punitive approach...to a system that identifies the causes of crime, and reduces the chances of recidivism through the provision of training, opportunity and the adequate and appropriate provision of necessary social services.’

Lack of Incentives for Prisoners to Rehabilitate

The Government has expressed its commitment to investing in programs delivered by Corrective Services, which are designed to correct offending behaviour and improve employment opportunities for offenders post-release. The Government has introduced diversionary, positive court programs to address the health, education, disability, welfare and housing problems of offenders.

The Government stands by the therapeutic programs in place in NSW to reduce recidivism and it will consider additional programs or support measures. It proposes that ICOs be subject to annual evaluation reporting by the Sentencing Council under its power of review. Further the Bureau of Crime Statistics and Research will be asked to conduct an evaluation of ICOs and recidivism after a five year period.

The Opposition supports the principle of restorative justice and social support measures for prisoners as well as ICOs, with reviews of their efficacy through consultation with the Sentencing Council. They rely on the Bureau of Crime Statistics and Research to provide accurate and reliable crime statistics and for the impact of ICOs.

The Greens support restorative justice programs and assessments for ICO effectiveness. They are committed to the view that if rehabilitation, diversion and restorative justice programs are to be effective, they cannot be used in a coercive way.

High recidivist rate and inadequate pre-release programs

The Government is using the Community Funding Program to deliver its Throughcare Strategy for post release, rehabilitation, probation and parole services. The Government has implemented a two-day course for corrective services and support staff called ‘Managing Conflict Constructively’. However it is doubted by the CJC that a course of such short duration is hardly sufficient to support inmates. The Government is also under pressure to expand the service capacity of the DCS Restorative Justice Unit with only five or six people currently servicing 10,000 inmates.

The Government has promised to invest more on inmate rehabilitation and education programs. For example, it has established the Children and Families of Offenders Steering Committee for the benefit of family support programs.

The Opposition aims to reduce the degree of recidivism and is committed to encourage use of more non-custodial and community based sentences, as an alternative to full incarceration for less serious offences. They are also committed to restoring the role of the Probation and Parole Service and revitalising their rehabilitory function to further avoid recidivism. They encourage Non Government Organisation (NGO) participation in assisting offenders with housing and health needs. They seeks to ensure greater co-operation and communication between government agencies, including specialist disability services and Aboriginal services to provide post-release support. They propose conducting regular evaluations of programs that assist with the integration of prisoners into the community. They are further committed to reviewing the efficacy of courses such as the sex and violent offender programs and increasing funding in these areas if appropriate, in addition to supporting family support programs.

The Greens support the increased use of non-custodial sentences and aim to address the level of crime in the community. They are also of the view that there are currently insufficient prisoner support services for inmates within gaol and post-release, and identify this as a prime cause for social dysfunction and recidivism.

Indigenous Issues

The Government is a party to the Council of Australian Governments’ nationally binding Close the Gap targets, and has committed itself to the National Indigenous Law and Justice Framework 2009-2015. They are a participant in current Standing Committee of Attorneys General deliberations to develop an Aboriginal Justice Closing the Gap Target.

They are committed to Department of Justice and Attorney General (DJAG) diversionary projects, which aim to reduce re-offending, strengthen family groups, and improve system responses to Aboriginal people. The Government has also promised to consider expanding the role of Aboriginal Community-Controlled Health Services.

The Opposition has called the over-representation of Aboriginal people in custody ‘disgraceful’. It promises to take measures to reduce recidivism and ensure that minor offenders and the mentally ill avoid custodial sentences. They plan to increase resources for diversion, rehabilitation and treatment options. In this vain, they promise to strengthen family groups and the transition from prison to the community.

The Opposition promises to use the NSW Bureau of Crime Statistics and Research to ensure that incarceration prevention, treatment and rehabilitation interventions are culturally sensitive, evidenced-based, and appropriately evaluated, to address the needs of Indigenous prisoners. They are considering expanding the role of Aboriginal Community-Controlled Health Services. Furthermore, they promise to investigate new methods for recruiting and retaining correctional services staff of Aboriginal and Torres Strait Islander descent, and encouraging greater and more flexible visitation rights for Indigenous community members.

The Greens have stressed the importance of justice reinvestment to address indigenous issues. This involves ‘moving resources from imprisoning and punishing Aboriginal communities to working with Aboriginal communities and offenders to solve the root causes of their social dislocation is the only moral response.’ They are also committed to increased funding for the Aboriginal Legal Service to ensure adequate legal representation of Aboriginal and Torres Strait Islander people. Furthermore, they support developing criminal justice policies related to their communities in collaboration with indigenous people.

Women Prisoners

The Government has upgraded the Silverwater Women’s Correctional Centre and increased opportunities to manage specific issues relating to women through Mental Health Screening Unit. They have committed policies and services for women with disabilities and mental health issues such as the Boronia Community Offender Support Program Centre at Emu Plains. Furthermore, they have promised to draft a strategy on transitional and post-release support services for Aboriginal women.

The Opposition commits to recognising that women prisoners have particular needs and will review indigenous programs. It promises to seek to divert the mentally ill out of prison and into treatment within and outside of prison. The Opposition commits to encouraging increased involvement of NGOs and mentoring of all parolees, whether they are indigenous, non-indigenous, female, male, adult or juvenile.

The Greens commit to including programs to identify and assist women who are or have been in violent domestic relationships. They are strong supporters of the work of Shine for Kids in helping families to stay connected. They are committed to a long term solution to reduce the number of women prisoners being criminalised by drug laws and possession of small amounts of illegal drugs.

The Democrats have been supporters of a Parliamentary Drug Law reform group and have considered addiction as a medical problem in society that needs a medical solution. Furthermore, the Democrats believe that the prices and marketing of drugs are to be regulated to minimise profits.

Aboriginal Women Prisoners

The Government has committed to exploring the feasibility of establishing an Aboriginal Women’s Healing Place for those serving both minimum and maximum terms. This would include a site for those on remand and would incorporate programs, visits, welfare services, post release, case management, counselling, and health services. Additionally, they have promised to develop a referral mechanism to identify women in need of special counselling, based on a review by the Australian Centre for the Study of Sexual Assault. They specifically promise to consider funding options to provide housing support to Aboriginal women immediately upon their release from prison. They also promise to consider conducting a similar study to ‘Speak Out Speak Strong’ to examine the needs of female Aboriginal juveniles in detention.

The Opposition would consider all programs which might help reduce recidivism and aid in rehabilitation.

The Greens are committed to implement programs that identify and assist Aboriginal and Torres Strait Islander women who are or have been in violent domestic relationships.

Justice Health

The Government has expressed that it will not support the trial of needle and syringe programs in correctional facilities and has deemed it as an inappropriate proposition.

The Opposition has expressed its acceptance of the principle that people in custodial care have the right to necessary health care, and commits to review the importance of and support for peer-based health education programs in areas of drug use/HIV/Hepatitis C. They will also consider supporting the trial of a needle and syringe program in correctional facilities. Additionally, they will review the provision of dental services and culturally sensitive health services for prisoners.

The Greens believe that the State owes a high duty of care to prisoners, which includes the duty to attend to their physical and mental health. Therefore, they will ensure evidence based needle and syringe program trials are conducted along with collaboration with staff and their unions.

Mental Health

The Government is committed only to the strategies already in place to address the mental health and offence-related needs of offenders and claims that there is no increase in risk to community safety. The Government has not accepted that there is a need for review and upgrade to provision of psychiatric and psychological services for people in custodial care.

The Government stands by existing processes to detect mental health issues with new inmates without acknowledging a need to allocate additional resources to the receptions screening program. Similarly they have reaffirmed existing models in place as being adequate to provide mental health care according to demand. They also participate in the National Forensic Mental Health Benchmarking Program.

The Government promises to substantially improve the transition from prison to the community for those with a mental illness through the Parolee Support Initiative, the Co-existing Disorders Project, and the Targeted Housing Project. Furthermore, they have expressed a commitment to ensuring forensic patients are not subjected to the same lock in requirement as other inmates in custody.

The Opposition has advised that it will be announcing a detailed policy in relation to mental health in the coming weeks. It commits to reviewing the allocation of additional resources to the receptions screening program, including funding and staffing to ensure that remand inmates with a mental health problem are identified.

The Opposition commits to supporting the development of a National Prisoner Mental Health approach. Furthermore, it will review the present funding arrangements in order to improve the facilities for treatment of women, men and juveniles with a mental illness or disorder. They have promised to consider segregated accommodation suitable for male and female patients. They will also look to improving the transition from prison to the community for those with a mental illness.

The Opposition has committed to reviewing lockdown arrangements to ensure forensic patients are not subjected to the same lock in requirements as other inmates in custody. They will also consider the creation of criminal justice life course histories. Furthermore, they promise to consider a review of proscribing practices.

The Greens are committed to support the transition between prison and the community for all prisoners, and in particular those with mental health issues. They state that in large part prisons have become ‘de-facto mental health detention units’, which is ‘failing the inmates who should be being treated in the community before they offend and it is failing society because once citizens with mental health issues offend and are incarcerated, the prison system exacerbates rather than treats their underlying mental illness, leading to re-offending and lack of integration on release.’

The Democrats have been supporters of the Mental Health Inquiry and increased funding following the prisons inquiry that revealed how common mental health problems were amongst prisoners. They have also encouraged separate facilities for mentally ill prisoners. Furthermore, they have stressed the importance for health funding to be clearly segregated for mental health services so the amount spent in that area can be accounted for. Moreover, the provision of extra mental health services requires a greater number of mental health specialist staff. Also, the Democrats strongly support the availability of Medicare and health plans for people with mental health problems in the community generally.