Summary

9.1        Most of the Aboriginal and Torres Strait Islander prison population is either being held on remand or serving sentences of less than two years. Up to 30% of the Aboriginal and Torres Strait Islander prisoner population is imprisoned on remand,[1] and up to 50% of Aboriginal and Torres Strait Islander prisoners are serving a sentence of 2 years or less.[2] Chapter 7 of this Report stresses the need to divert Aboriginal and Torres Strait Islander offenders serving short sentences to community-based sentences, where possible. Nonetheless, when in prison, they require assistance to address offending behaviours and to transition back into the community. For female offenders in particular, programs need to be trauma-informed and culturally safe.

9.2        In this chapter, the ALRC recommends that prison programs be developed with relevant Aboriginal and Torres Strait Islander organisations. The programs should be made available to Aboriginal and Torres Strait Islander people serving short sentences or held on remand. Additionally, programs designed for female Aboriginal and Torres Strait Islander prisoners should be developed designed and delivered by Aboriginal and Torres Strait Islander organisations and services.

9.3        The ALRC recognises the critical role that release on parole has in assisting offenders transition out of prison and reintegrate into society. To this end, the ALRC recommends reforms that aim to encourage eligible Aboriginal and Torres Strait Islander prisoners to apply for parole and encourages throughcare programs that provide support for people released.