Friday, November 14, 2003

WHY WE SHOULD OPPOSE HOME DETENTION

The ACT Government has drafted a new Bill to implement Home Detention This very discriminatory type of sentence also punishes the family. It is questionable that it has been successful anywhere it has been tried.

A report from the Corrective Service to the South Australian Parliament last year stated that 'more than two thirds of offenders granted court ordered home detention breach there conditions'. Although the following is a protest from Victorian activists all of the comments apply to the ACT.

It is worth noting the scheme will inevitably be handed over to a private operator as it has in most other States and New Zealand where Chubb's have been awarded a 5 years $6.5. million contract. The Victorian State Labor Government is planning to commence a Home Detention system operational from next year.

While the initial three-year trial will be restricted to only 80 prisoners once fully implemented the numbers of people incarcerated in their homes could be limitless. The frightening potential of home detention was flagged by the Office of Corrections in 1987 when it warned "if we regard homes as potential prisons, capacity is for all practical purposes unlimited".

In 1988 Labor rejected plans for home detention and the subsequent Coalition government also heeded this warning, unfortunately our new state government seems unable to see the Pandora's box it is opening.

It is important that you act now to prevent people's homes being turned into prisons and families into jailers. Here are some reasons why: Since the introduction of home detention, there have been no reduction in prison numbers in other Australian jurisdictions, in fact home detention will widen the imprisonment net with people currently receiving non- custodial sentences receiving home detention sentences instead; Community corrections, where people serve their sentence in the community and are provided support and rehabilitative services, has been run down by previous governments and needs additional funds. Home detention, with its expensive monitoring technology, will divert badly needed funds from community corrections;

It will have a negative impact on families and children with families being forced to become jailers and intensive intervention into family life by government agencies; It will undermine genuine rehabilitation as it will be a barrier proper reintegration into the community;

It will entrench methods of confinement and incarceration as the only legitimate means for addressing crime.

THERE ARE ALTERNATIVES

Skyrocketing prison numbers need to be addressed, but there are real alternatives to home detention: increase resources to community correction programs, giving people a chance to successfully serve their sentence in the community; reinstate judicial discretion to magistrates considering breaches of intensive correctional orders and other correctional orders; reform drug laws to reduce sentences and decriminalise personal drug use; address the causes of property crime, which are primarily poverty and drug use, through policies that reduce inequality not increase it; early release schemes that provide support in the community. (See below for more extensive information)

WHAT YOU CAN DO EMAIL, RING OR FAX

WHAT IS HOME DETENTION?

'If we regard homes as potential prisons, capacity is for all practical purposes unlimited' (Victorian 0ffice of Corrections Summary Paper August 1987) Home detention, is where instead of going to prison, your home becomes the designated prison.

Surveillance is done with an electronic bracelet, which is attached to you for the length of your sentence and tracked through your phone back to central control. If you go outside the house without permission, it registers an escape. You must stay at home 24 hours a day unless you get permission to eg. work, do community hours, education. You receive phone calls at home throughout the day and night to monitor you.

You receive officer visits. The officer has right of entry and search at any time of day or night. If you have a job your employer must be told and you must accept surveillance calls at work. The technology currently available can link up to a global positioning satellite that can track your movements.

You must not drink alcohol or take drugs, you are tested for this. Your family and housemates become both co prisoners and prison officers with a responsibility to report on you, or cover up for you.

ISN'T HOME DETENTION BETTER THAN PRISON?

It's a spurious comparison, comparing apples to oranges. There is NO evidence that the people who get HD, would otherwise get jail. In fact in NSW, 25% of women on HD had NO prior criminal record. The people in NSW getting HD, are the same people who in Victoria, would be entitled to community based options.

In NSW there are no community based alternatives to prison (except weekend prison), so HD is the only community based option available. In Victoria, there are community based alternatives to prison, for offenders deemed safe enough to do their prison sentence in the community - suspended sentences and intensive corrections orders(ICO's).

These are where you are 'in prison in the community', you live life as usual, but are required to obey a variety of strict conditions, have urine tests, report to community corrections officers and do community work.

Like home detention these sentences have the same status as a prison sentence, but your home does not become a prison.

WON'T HOME DETENTION REDUCE PRISON OVERCROWDING?

No. Internationally there is no evidence that HD reduces prison numbers. In fact in NSW, QLD and WA where it is in place, prison numbers continue to spiral. HD creates prison space in homes, it doesn't empty prisons.

COSTS?

In Victoria for the last 7 years the money we spent on community based offenders dramatically declined. We spend $7.7O a day on community based offenders and officers have a caseload of up to 70 offenders. Over this time the breach rates for people on community based options has increased.(Now 34-43% Vic. Dept Justice 1999).

NSW home detention costs from $35 - 45 a day, corrections officers have a case load of 7-10 offenders and they provide intensive support (if you are homeless, NSW corrections officers are required to find accommodation) The Victorian government says it's HD model will cost from $3 - 30. (Sun Herald 9.1.2000). With technology costs eating up $10 a day, surveillance is clearly the priority, not support.

If Victorian community sentencing options were resourced to provide intensive human and outside program support that is provided for NSW home detainees, Victoria's community based options would work more effectively for offenders and society. And people's homes and families would not be brought into the surveillance and control of the home prison.

Home detention diverts money from human interaction with offenders into technology. The daily costs of electronic bracelets, surveillance equipment for each home and at central control will cost more than we currently spend on people on community based options. Global private security sellers will profit, again.

WHO GETS HOME DETENTION?

It is supposed to be used for non-violent offenders who would normally go to prison, but in NSW 25% of women on home detention had no prior criminal history.

The government also proposes HD for the last three months of some prisoners' sentence. In 1987 the Australian Law Reform Commission characterised such HD regimes as ' the final blow to the rehabilitative ideal' (Discussion Paper 30). Community integration won't be helped by HD. Pre release, work and education release are far more constructive.

HAVE THERE BEEN EVALUATIONS OF HOME DETENTION?

The major finding of the NSW scheme (on which Victoria's proposal is based) was that the reason HD was successful was the time and resources corrections officers put into offenders.

But this time and resources could equally be given to people on Victoria's existing community sentencing options.

The only innovation home detention has is as a policy of physical containment and surveillance. Every other aspect of HD is available in current sentencing option, if they were properly resourced. Previous governments, both labor and coalition, rejected HD for good reason.

There have been no evaluations of the health risks associated with having a bracelet attached to you for 24 hours a day that emits electro magnetic radiation.

IMPACT ON FAMILIES?

"..the state has substantial influence over the behaviour of affected family members which can lead to state intrusion on personal and family privacy, family behaviour and movement" (p.115 NSW Corrective Services Review of HD 1999) Family and co residents become both prisoners and prison officers.

Having the offender at home the whole time, unable to leave for everyday tasks, creates enormous tension in families, children can't understand why their mum or dad must always be at home. Children and household members have months of interrupted sleep from phone calls all night.

In NSW every child in the home must have a 'risk assessment' from Human Services. Many families of offenders are living in poverty in very marginal circumstances.

Having Human Services checking up on them is what most such family's fear.

VIOLENCE AND STRESS IN FAMILIES?

The NSW evaluation of 366 offenders (84% men and 14% women) revealed 4 incidents of domestic violence. Two were male victims, one was a woman perpetrator and the other unknown.

This statistic is completely opposed to all that we know about the prevalence of domestic violence. It confirms that domestic violence is hidden by home detention. Problems in the family are privatised and kept secret, because if families seek help they risk the offender being sent to prison. This unfairly puts the responsibility on families as to whether or not offenders stay at home or prison. In reality it is women carers who will have this responsibility - partners and mothers. This should be the responsibility of the state.

DOESN'T IT MAKE THE COMMUNITY SAFER?

If a person is deemed 'safe' enough to be in a home prison, they are safe enough to be on a community based option. As most unreported crime happens in homes, HD doesn't make homes or communities safer. We will end up with poorer suburbs and high rise estates as prison communities and luxury prisons in Toorak and Ivanhoe for inside traders.

In Victoria most offenders that go to prison are drug offenders. In NSW, 20% of men's and 50% of women's breaches of HD, are drug offences. Drugs need a health and whole of government response, not prison. Being stuck in prison, bored out of your brain creates strong reasons to use drugs, being stuck in a home prison will be no different.

CHEAPER, SAFER ALTERNATIVES.

The labor government should do a comprehensive review of community based options to expand on those that have been successful, as promised in it's election policy. Fix what is broken, learn from experience and save money.

Victoria used to have a system of community based sentencing that was a leader in Australia and adopted by others. The system has been ground down and resources removed. Instead of spending money on an entirely new system of electronic surveillance, this money should be spent fixing and improving the successful system we had.

Corrections officers with current caseloads of 70 can't do much individual intensive support with offenders. Try a pilot program where we spend the money that would have been spent on HD (less technology costs) on community based offenders, to see what difference this makes.

RESTORE SENTENCING DISCRETION TO JUDGES AND MAGISTRATES.

In 1997, the former government reduced the ability of the judiciary to deal with offenders as individuals. If a person on an ICO or suspended sentence, breaches their sentence, unless there are exceptional circumstance the person must be sent to prison.

Judges and magistrates became no more than programmed computers. We believe the judiciary should be able to tailor the sentencing and breach orders they give, according to the individual circumstances of each offender.

LEAVE PEOPLE'S HOMES AND FAMILIES ALONE.

A home should be a place of safety and privacy, a place to enjoy each other. Turning people's homes into prisons, has a serious psychological impact on every adult and child in the house.

Families should not have to live with the knowledge that they are living in a prison. Families will be forced to cover up problems they are experiencing because if they don't they risk their family member going to prison. Some offenders will stand over their families to ensure this doesn't happen.

When prisoners get out of jail, they look forward to getting home (if they have one), to a place of refuge away from the constant surveillance and control of prison. They live with the label of former prisoner forever. They and their families do not need their homes labelled as prisons too.

NSW research has shown that home detention creates considerable stress for all concerned. Incarceration at home, in no way contributes to community reintegration. Families of prisoners need support and nourishment, not surveillance, stress and secrets.

Victorian Federation of Community Legal Centres Corrections
Working Group
(03) 9391 2244
Damien Lawson
Western Suburbs Legal Service Inc. 30 Hall St, Newport 3015
VIC 03 9391 2244 (Tel) 03 9399 1686 (Fax) 0418 140 387
(Mobile) clewsls@vicnet.net.au

Damien Lawson posted 14 November 03


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Four months after a report from the Inspector General on Mulawa Correctional Centre, key recommendations involving safety and welfare of prisoners and staff have been ignored. Kathryn Armstrong (former chair of Inmate Development Committee) and Annabel Walsh, released from Mulawa Womens Prison in February, have produced an independent report confirming the findings of the Inspector General.

Distribution of: 'How to Votes in prisons'?
Justice Action have received information from Andrew Burke of the NSW Greens that they have enquired with the Department of Corrective Services as to the procedure for distributing their How To Votes in prisons in the period before the election.

Getting Justice Wrong DPP make full admissions
Back in May 2001 Nicholas Cowdery QC made an error at law by giving a speech called Getting Justice Wrong at the University of New England, Armidale Thursday, 31 May 2001. Sir Frank Kitto, Lecture now published at the DPP website. At page six, paragraph 3 under the heading:

NSW ELECTION 2003: VOTE 1 GREENS
Inspector-General: The Greens believe that the role of the Inspector-General is crucial to the proper functioning of the prison system. It has never been more important to have a powerful watchdog role than today. Section 3.11 of our Criminal Justice Policy commits the Greens to "strengthening the role of the Inspector-General of Prisons."

Long Bay Prison: The latest inside story
Private food purchases called Buy-Ups that normally take care of the prisoners additional food nutrition in Jail has been changed.

Doing time even harder: 146 prisoners far from home
The United States, however, has detained without trial about 650 men from 43 countries. They include Australians David Hicks and Mamdouh Habib, who are held at the Guantanamo Bay naval base as part of the sweep against global terrorism [scapegoats for the Coalition of the Killing's, pre-emptive strikes, occupation and genocide for resources in the Middle East.]

Human Rights 'Framed'
Here is a quick report on our Human Rights Commission approach on Framed (the quarterly magazine of Justice Action) being banned from all NSW prisons. After 42 issues went in.

Prison Privatisation: Death camps looming in NSW
I asked for the identification of the person I was speaking to and was told that I was not entitled to that information. I needed to verify the call and asked for a name or number to register my call because I was asked to get those details by my coordinator.The person refused to identify themselves either by name or number. I asked to be transferred to a senior person and was refused. The person I spoke to then hung up the phone.

NSW education professor warns further commitment needed
The author of a report on the New South Wales education system has urged the major political parties to do more for education in the election campaign.

Corrections Victoria and criminal acts: SCS-4\320 UPDATE
You have stated "Section 30 of the Corrections Act 1986 and the Information Privacy Act 2000, restricts the release of confidential information regarding prisoners, I therefore am unable to provide any information regarding this matter."

Death camps looming in Victoria
A letter was received on 15 January 03 from SCS-4\320 a remand prisoner in Victoria's Barwon Prison I later found out that the prisoner was in the Acacia High Security Unit.

Jail search finds knives, syringes
Mr Brett Collins a spokesperson for Justice Action said, "It shows there is a lot of desperation in the prison system at the moment and has been for some time."

Take crime talk beyond the bars:'lobby group'
A coalition of academics, crime experts, welfare and church groups is preparing to launch an intensive pre-election campaign aimed at refocusing the attention of NSW politicians from harsh sentencing reforms to crime prevention strategies.

Six weeks, six months, six years: inmates have little chance of making fresh start More than 15,500 people are released from NSW prisons each year, twice the number of 20 years ago. But new research shows many ex-prisoners find it impossible to reintegrate into society and, months after release, are worse off than before they went to jail.

NSW A-G moves to stop criminals and ex-criminals selling stories
From next month criminals or ex-criminals who try to profit (earn a living for paid work, like writing a book etc..) from their crimes in New South Wales will have the proceeds confiscated.

NSW Govt criticised over criminal justice record
Key criminal justice groups have described the New South Wales Government's record on justice issues as a "disappointing performance".

APPOINTMENT OF KLOK IS: 'DECLARATION OF WAR'
The decision of the Carr government to appoint John Jacob Klok as the new Assistant Commissioner for Corrective Services in charge of security represents a statement of contempt to all those concerned about law and justice in NSW.

How NSW Dept of Corrective Services spent $800,000 dollars to rehabilitate a Sydney man sentenced to life for second murder! A spokesperson for Justice Action Mr Pro Grams said, "Well it's your money, how would you like it spent? And what do you think about rehabilitation on behalf of the Department of Corruptive Services?

Prisoners Representatives Excommunicated
Ron Woodham, Commissioner Corrective Services stated "[this Department] does not recognise Justice Action as an advocate on correctional centre issues." He has ordered a ban on all Justice Action material inside the NSW prison system. This resulted from a request for the approval of the latest edition of Framed (the Magazine of Justice Action) to be distributed throughout NSW prisons as has occurred for the past ten years.

Dept of Corrective Services: Rotten Ron Woodham on the ropes
This is The Freeedom Of Speech and The Press in a goldfish-bowl! Herr Goebells has spoken. Zieg Heil! (Which means, actually: "aim-for health!" incidentally)Apologies for not making meetings ... my first experiences with Woodham (then a -screw-gestapo-minor-with-a-friendly-dog - AND YOU KNOW WHAT IT MEANS WHEN EVEN HIS DOG DOESN`T LIKE HIM?)

At the Minister's Pleasure The case of Michael Kelly
Michael is caught up in a particularly cruel version of the game of Cat and Mouse. Because he is classified as a forensic patient under the Mental Heath Act of NSW, the Minister for Health is his master, not the Minister for Corrective Services. And the Minister for health will not let him go.

EX-PRISONER UNEMPLOYMENT: SENTENCED FOR LIFE
Name removed by request served time in prison decades ago. Shes still being punished today. According to commonwealth and state legislation, ex-prisoners applying for jobs must declare any conviction that fits into the following categories: less than 10 years old, more than 10 years old but served more than 30 months in prison.

ARE YOU INNOCENT?
The Australian Law Reform Commission had recommended that the Innocence Panel be independent and have the power to investigate alleged miscarriages of justice.

RESTORING TRUE JUSTICE:
Australian prisons are fast becoming the new asylums of the third millennium. The prison industry is booming, while Australia spends far less on mental health services than similar countries.

NSW Department of Corrective Services attack right to privacy
Corrective Services Minister Richard Amery has a problem attacking prisoners right to privacy.It seems to us that a civil society is best served when social justice laws are applied to all people regardless of their circumstances. Once government starts making exceptions which disadvantage certain groups and individuals, such laws are meaningless.

Litigants are drowning: in the High Court
There were so many self represented litigants appearing in the High Court that more than half of its registry staff's time was taken up in dealing with them. The "go it alone" litigants have to take on tasks well above their qualified league causing them stress. This growing problem cannot be left unchecked.

Everyone wants to get out of 'jail' but 'Framed' wants life: Rotten Ron on the ropes On 2 May 2002, Justice Action received a faxed letter from Manager of DCS Operations Support Branch saying that, in his view, articles in Framed edition #42 'lack balance and integrity' and he is therefore 'not prepared to recommend this issue of Framed for placement in to correctional centre libraries.' Prisoners and those concerned about prisoner issues have very few sources of information.

Methadone addicts formed within: 'NSW Prisons'
The New South Wales Opposition has accused the State Government of turning jailed heroin users into Methadone addicts.

Murder charge first for DNA data bank link, but not the same as solving the murder Mass DNA testing of prisoners has [allegedly] led to the first NSW case of a person being charged with a previously unsolved murder as a result of a controversial gene-matching data bank.

Prisoners can prove innocence for $20?
Les Kennedy Daily Telegraph reported today that" Prisoners who believe that DNA will prove they were wrongly convicted will have the chance to prove their innocence for a mere $20 administration fee. The move comes 20 months after NSW inmates were asked to provide DNA for comparison with a databank of DNA from unsolved crime scenes for possible convictions.

NSW opposition pledges review of detention laws
A spokesperson for Justice Action Ms Anal Advice said " NSW Prisons are a sex offence if you have been raped, bashed and squatted down to be strip searched. People should be diverted from going there at all material times".

Civil libertarians condemn planned changes to prisoners' privacy rights The New South Wales Government is using a recent case involving [framed] serial killer Ivan Milat to justify its decision to remove the privacy rights of prisoners. But really just another attack on Ivan Milat from Parliament House.

The punishment: Is the 'crime'
The punishment is the crime according to retired chief Justice of the Family Court of Australia Justice Alistair Nicholson. "Smacking a child ought to be seen as assault".

Mr. & Mrs. Mandatory Sentencing
Well congratulations to the bride and groom. Could you please be upstanding and raise your glasses for Mr. And Mrs. Mandatory.

Just wipe your arse on Ivan again Minister?
Mr Amery Minister for Corrective services has a problem with finding a toilet roll to wipe his bottom. Justice Action is appalled at the attacks by Amery and others in parliament on Ivan Milat's right to privacy and their attacks on the Privacy Commissioner and his office.

NSW Parliament Bitter Pills To Swallow?
One delusion pill: So people who investigate their own mistakes make sure there was no mistake or someone else made the mistake. Perhaps you're not biased and you will be honest about it.

NSW prisons - primary industry bailed up!
In many quiet regional centres around NSW there is a new primary industry shaping up. It has something to do with Bail but not with bales. The minister for Agriculture Richard Amery who also has the prisons portfolio is now committed to farming prisoners.

Black Nexus
The Separation of Powers Doctrine is nowcontaminated witharangeofcolours, now leaving us with a black shirt on a once blue bridge that crossed that thin blue line. The 'Amery and Woodham show'.

Prison Mind Games-Do they exist?
Directives are given inside the prison system that are not consistent with the law in NSW. And not in the good interests of the health and well being of the prisoners.

The Government is likely to abolish the Inspector General of Corrective Services position The Mulawa inspection report recommendations below strictly illustrate how important he is.

Chronology - A History of Australian Prisons

[Allegedly:] The events that have shaped NSW prisons - from convict days through royal commissions, to the Supermax of today. [I say allegedly because no one should trust Four Corners [Walls], why? Because they spill out the propaganda of the day for the Government, whether it be wrong or right. A government that lies and has no remorse about it.]

Justice Action
Justice Action is a community based organisation of criminal justice activists. We are prisoners, academics, victims of crime, ex-prisoners, lawyers and general community members. We believe that meaningful change depends upon free exchange of information and community responsibility.

Beyond Bars Alliance colleagues
I imagine all of you received Justice Action's email yesterday regarding the position of Inspector General of Corrective Services.

Community Restorative Centre
NSW spends more than half a billion tax dollars a year on prisons. It costs $60,000 to keep someone in maximum security for a year: more than double the minimum wage. CRC looks for and implements better solutions to the high social and economic costs of crime.

Sisters Inside Inc
Sisters Inside Inc. is an independent community organisation, which exists to advocate for the human rights of women in the criminal justice system, and to address gaps in the services available to them. We work alongside women in prison in determining the best way to fulfil these roles.

Smart Justice
Smart Justice does not support any party but calls for investment in prevention, alternatives to custody and initiatives that tackle the causes of crime. It is important to dispel the myths about 'law and order' and promote real solutions to crime and violence.

Shine For Kids
What happens for a young person who has a parent in prison?
There are a lot of consequences for children or young people who have a parent in prison. During Groupwork the kids themselves have identified as being:

Children of Prisoners' Support Group
Children of Prisoner's welcomes Ann Symonds as our first Patron at this years AGM and screening of "The Space in Between" video , and will have a visual display to demonstrate the invisible population of children effected by parental incarceration.