19.07.2017

The availability and effectiveness of prison programs

5.4        Prison programs are courses provided to people in prison by corrective services or supervised by corrective services. Programs that address the known causes of offending—such as poor literacy, lack of vocational skills, drug and alcohol abuse, poor social and family ties—may be able to provide some of the support needed to decrease recidivism rates.[3] The reach of such programs may, however, be affected by a number of external factors over which corrective services have little to no control, such as health and housing.[4]

5.5        There have been recent inquiries into the availability and effectiveness of prison programs. In 2016, the Council of Australian Governments (COAG) published the Prison to Work report, which highlighted the importance of cultural competence in programs; coordination in the delivery of throughcare and post-release services; and the need for an increased focus on the delivery of programs to female prisoners—with particular emphasis on Aboriginal and Torres Strait Islander female prisoners.[5] The report also noted a paucity of long-term, evaluated prison programs in Australia—meaning that the evidence base for ‘what works’ in relation to Aboriginal and Torres Strait Islander prisoners is not well-established.[6]

5.6        The ALRC has not sought to replicate the work of the Prison to Work report, and relies heavily on its findings as well as those in the Australian Institute of Judicial Administration’s 2016 report Efficacy, Accessibility and Adequacy of Prison Rehabilitation Programs for Indigenous Offenders across Australia to inform much of this section of the Discussion Paper.

5.7        The availability and effectiveness of prison programs can be affected by budget allocations and corrective services’ policies on prisoner classifications and prisoner transfers.[7] Availability may also be affected by the size of the prison population, which has recently expanded nationwide, creating greater demand.[8]

5.8        The Prison to Work report highlighted some current programs relevant to Aboriginal and Torres Strait Islander prisoners, including:

  • Gundi program, run by NSW Corrective Services: provides work experience to prison participants to construct mobile homes for use in Aboriginal and Torres Strait Islander communities, which are then distributed by the NSW branch of the Aboriginal Housing Office. Participants are aided in gaining a range of skills upon completion, including formal TAFE qualifications up to the level of Certificate III.[9]

  • The Torch Project, run as a collaboration between Corrections Victoria and a non-government organisation: the Torch Project allows for artwork of Aboriginal and Torres Strait Islander prisoners to be sold in the community, with the proceeds used to fund post-release pathways for the artists involved. The project elevates culture, and aims to introduce artists to the arts industry and increase self-sufficiency.[10]

  • Culture and Land Management Program, run by ACT Corrective Services: the Culture and Land Management Program (CALM) allows for Aboriginal and Torres Strait Islander prisoners to engage in gardening and horticulture, build literacy and numeracy skills, engage in arts and crafts, and develop skills in land management. Ex-prisoners can remain within CALM following release through optional participation in seed collecting, tree planting, and bush regeneration activities.[11]

Remand and short sentences

Proposal 5–1              Prison programs should be developed and made available to accused people held on remand and people serving short sentences.

Question 5–1              What are the best practice elements of programs that could respond to Aboriginal and Torres Strait Islander prisoners held on remand or serving short sentences of imprisonment?

5.9        Up to 30% of the Aboriginal and Torres Strait Islander prisoner population are imprisoned on remand.[12] Of those that are convicted, a large proportion are released with time served or are sentenced to a short term of imprisonment—in 2016, up to 50% of Aboriginal and Torres Strait Islander prisoners were serving a sentence of 2 years or less.[13]

5.10     Generally, people on remand or serving short sentences do not have access to prison programs.[14] There may be both policy and practical reasons for limited access.[15] ‘Offence-based’ programs may not be provided to people on remand because the offences charged are yet to be proven,[16] and corrections staff cannot accurately assess when a person held on remand will be released and whether there will be sufficient time to complete a program in prison. People on short sentences are generally not in prison long enough to access and complete a prison program.[17] Many people on short sentences may not be eligible for parole,[18] and are likely to leave prison unsupervised without any further skills or understanding of their criminal conduct.[19]

5.11     The ALRC welcomes submissions on the practical application of this proposal. Corrections Victoria has previously indicated they consider it important to make programs available to all prisoners, including those on remand and short sentences.[20] The ALRC seeks input on what programs, if any, could work for these prisoners. It may be, for example, that programs on life skills or other matters could be introduced to remand prisoners.

Programs for women

Proposal 5–2              There are few prison programs for female prisoners and these may not address the needs of Aboriginal and Torres Strait Islander female prisoners. State and territory corrective services should develop culturally appropriate programs that are readily available to Aboriginal and Torres Strait Islander female prisoners.

Question 5–2              What are the best practice elements of programs for Aboriginal and Torres Strait Islander female prisoners to address offending behaviour?

5.12     Aboriginal and Torres Strait Islander women are likely to serve short sentences and periods on remand, meaning they are likely to be part of the cohort discussed above and be unable to access prison programs.[21] Even for longer term prisoners, when compared to the range and availability of options offered to men, women’s programs are limited.[22]

5.13     Key issues in relation to prison programs for Aboriginal and Torres Strait Islander women identified by stakeholders include:

  • Female offenders are likely to be victims of family violence and sexual assault. Programs should acknowledge the role of family violence in Aboriginal and Torres Strait Islander women’s incarceration cycles.[23]

  • Female offending can interact with histories of trauma and abuse. This means that prison programs that are able to successfully address these histories in a culturally competent way may be more likely to be successful in reintegration.[24]

  • Many female prisoners are parents—up to 80% of Aboriginal and Torres Strait Islander women in prison are mothers.[25] Female offenders often have children removed from their care, and require programs that facilitate reconnection with children upon release, such as programs that address issues around parenting capability or that model positive engagement with children.[26]

5.14     The ALRC welcomes submissions regarding the availability and effectiveness of prison programs for Aboriginal and Torres Strait Islander female offenders and remandees, and is particularly interested in any best practice models. The ALRC notes, for example, the Kunga Stopping Violence program, run via the Central Australian Aboriginal Legal Aid Service (CAALAS). The program focuses on community reintegration for Aboriginal and Torres Strait Islander women who have been imprisoned for violent offending.[27]