AIJA Indigenous Justice Conference August, Alice Springs Dr Clarke Jones Dr Jill Guthrie

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1 Efficacy, accessibility and adequacy of prison rehabilitation programs for Indigenous offenders across Australia AIJA Indigenous Justice Conference August, Alice Springs Dr Clarke Jones Dr Jill Guthrie

2 More transparency fosters greater correctional accountability and enables more informed public debate for better solutions NSW Audit Office

3 Objectives of Report Efficacy are programs meeting set objectives Adequacy are there enough programs Accessibility can inmates get access to available programs Appropriateness the right programs for the right offenders

4 The 1991 Royal Commission More than twenty-five years on: Indigenous people are more likely than ever to experience prison. Imprisonment is still seen as the key to reducing Indigenous crime.

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6 The 1991 Royal Commission While disadvantage is common in the general prisoner population, it is significantly more prevalent for Indigenous offenders. Over-representation did not lie with the criminal justice system itself but in those factors that contribute to Indigenous people coming into contact with the criminal justice system. Disadvantage and inequality in Australian society as a whole is likely to be the key contributing factor.

7 New Statistics In 2014, adult prisoner numbers climbed to a ten-year high of 33,791 - a national imprisonment rate of prisoners per 100,000 adult population. Indigenous offenders contributed significantly, accounting for 27% of the total prisoner population Yet, people who associate as Aboriginal and Torres Strait Islanders represent 3% of Australia s overall population.

8 New Statistics The over-representation of Indigenous offenders has reached epidemic proportions an imprisonment rate rising above 52% in the past decade (Collins Peter & Kalisch David, a rate of more than 16 times higher than non- Indigenous people.

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10 Statistics Western Australia has the highest rate of imprisonment for Indigenous Australians (3,772 per 100,000). Victoria has the fastest growing rate of Indigenous incarceration around the country.

11 Recidivism Reoffending or recidivism is one the biggest problems but can t just blame corrections. Recidivism influenced by many external factors including: poor education, limited or no employment, mental illness, bad physical health, drug and alcohol misuse, abuse, etc.

12 Recidivism Contributing factors inside prison include: lack of access to rehabilitation, the inability to meet the selection criteria for programs, and lack of access to appropriate offender specific programs.

13 Recidivism In NSW, the re-conviction rate within two years was 74% of non-indigenous people, and 86% for Indigenous people. The re-conviction rate of jailed Indigenous male juveniles in WA is 80%, Indigenous female juveniles is 64% and adult Indigenous males is 70%. About one in four Indigenous prisoners will be convicted again within three months of their release from prison and between 35% and 41% within two years.

14 Rehabilitation - Appropriateness Rather than the what works principle, what works for whom should be the key question (Day, 2003) Research has shown that rehabilitation is more likely to be effective if: it matches treatment with an offender s specific needs (i.e. cultural, ethnic and religious differences), and is delivered in a style and mode that is consistent with the ability and learning style of the offender (Andrews Donald Arthur & Bonta James, 1994: 177).

15 Rehabilitation - Appropriateness There are certain cultural nuisances that are critical for effective intervention. For many Indigenous communities, learning and healing occurs in the presence and at the interest of the group or community, rather than of the individual. This means that current methods of treatment can often fail to understand or include the nuances surrounding Indigenous cultural, which can result in negative outcomes.

16 Rehabilitation - Appropriateness A WA study found that juvenile Indigenous offenders were more likely to reoffend (sexually) after receiving custody-based treatment than non-indigenous juveniles. Rehabilitation that fails to acknowledge language, culture, traditions and current life situations could contribute to further offending (Macgregor, 2008).

17 Rehabilitation - Accessibility There can be several reasons behind why a prisoner may not be able to access or complete a program. These include: refusal to participate or denies any wrong doing; appealing a conviction or attending court for other offences; incorrect classification or reoffending risk level; limited places available, particularly in offence-based programs; was transferred to another prison due to accommodation pressures or behavioural problems; sentence too short to complete programs, particularly intensive offence-based programs; the program was not available at the prison; and the prisoner spent the majority of time on remand (Audit Office of NSW, 2006).

18 The cultural clash A cultural clash can result in several issues, including: a difficulty in adjusting to routines, structure and rules; a mistrustful and defensive approach to correctional staff; a difficulty or inability to participate in group activities; a lack of understanding of the rules or expectations; being fearful that information will be used against them; a perceived lack of commitment and lack of motivation in programs; being asked to leave prior to the completion of a program because they cannot break offending habits; and being ostracised by others in a program.

19 Justice Reinvestment Imprisonment is expensive prison beds cost between $250,000, $500,000 for infrastructure and around $100,000 to run each year. Youth justice beds cost around $200,000 per year. In the financial year, direct costs of imprisonment increased nationally by about $1million every day.

20 Findings The criminal justice system has probably lost much of its deterrent effect for Indigenous people. The process through the criminal justice system has become a rite of passage. Rather than a source of shame or embarrassment, prison can sometimes be a better option.

21 Key Recommendations Imprisonment should be a last resort - particularly for young offenders. More efforts need to be made to run out-of-custody rehabilitation programs if consistent with community safety. Changes aimed at diverting Indigenous offenders from the criminal justice system are crucial.

22 It is said that no one truly knows a nation until one has been inside its jails. A nation should not be judged by how it treats its highest citizens, but its lowest ones. Nelson Mandela

23 Questions