Showing posts with label juvenile-justice. Show all posts
Showing posts with label juvenile-justice. Show all posts

Sunday, 7 December 2008

Chock-a-block: state's jails bursting at seams


A new jail every two years - that is what's required to house NSW's prisoners.

Prisoner numbers in NSW jails have exceeded 10,000 and experts predict the NSW Government will breach its promise to slash reoffending rates.

Experts say Government forecasts of 300 extra prisoners each year means NSW will need to build a new jail every two years to handle the consequences of its hard-line "lock-'em-up" policies.

At a cost of about $73,000 a prisoner a year, the Department of Corrective Services will have to find about $170 million extra each year from 2015 to run its jails, which by then will hold about 12,300 inmates.

Prison populations have been increasing in the Western world and other Australian states [because of the New World Order, (spelt backwoods) (OWN), fascist crack-down policies, trial by media, false flag operations by states (state terror), and draconian laws.], but the problem is [also] acute in NSW due to its tougher law-and-order policies.

[Trial by media, no double jeopardy rule in criminal courts: So people can be tried until they're found guilty – not just by the court but by the media posting endless sound-bites - regardless of a finding. The Judge can sack a jury member without sacking the entire Jury: That means the government can easily manipulate trials. People are convicted on circumstantial evidence and hearsay regardless of whether that circumstantial evidence is flawed and or whether they have a witness, weapon or body. Even those that may be innocent are driven into being made guilty.]

Changes to bail laws have [also] led to an explosion in numbers of inmates awaiting trial (on remand).

The director of the Bureau of Crime Statistics and Research, Dr Don Weatherburn, said while tougher policies initially reduced crime significantly, they were now having less of an effect.

[Rubbish because recidivism was around 47 per cent now Weatherburn is saying 70 per cent, which is a gross failure. Throwing more people in jail is just a big brother tactic (crack-downs) (which only drives a wedge in the community) and no long term solution and Weatherburn knows it, more likely than not just towing the governments line. In other words a government stooge on a huge pay rate that will do or say anything to save face.]

[Weatherburn]"We seem to have reached the point where rising imprisonment rates are bringing diminishing marginal returns … (by) 2004 the rising rate of imprisonment in NSW exerted little if any measurable effect on property or violent crime," he said.

Experts say the failure to seriously tackle recidivism means the State Government will almost certainly break its commitment in the State Plan to reduce by 10 per cent the number of criminals who reoffend within two years of being convicted.

The cost of holding a prisoner is now $196 a day, and each new 600-bed jail adds an average of $43 million to the annual Corrective Services budget at a time when collapsing revenue is forcing the Government to slash services and increase taxes.

Previous jail time is the best predictor of whether someone will reoffend, but concern is rising over the relentless increase in prisoner numbers and the fact that 70 per cent of inmates have been in jail before.

Michael Edwards, who worked for Corrective Services for 26 years and who designed the department's major sex offender program, described that percentage as "a truly scary number, if it's correct". To combat the huge number of repeat offenders, the Government promised in its State Plan that by 2016 it would cut by 10 per cent the number of criminals who reoffend within two years of being convicted.

But numerous experts have [said] prison numbers will continue to climb because so little is spent on rehabilitation.

Prisoner numbers have risen from less than 4000 to 10,000 in the last 20 years, and are heading to an expected 12,300 by 2015.

The latest Bureau of Crime Statistics study was pessimistic, stating: "Without improvements in the level and type of treatment and support for offenders placed on community-based sentencing orders, it will be very difficult to achieve the State Plan goal of a 10 per cent reduction in reoffending by 2016."

[In-]Justice Minister John Hatzistergos conceded the State Plan target might not be met, calling it "a significant challenge".

University of NSW emeritus professor of law David Brown said the department had not done enough to help offenders reintegrate into the community, while the Government and Opposition kept ratcheting up sentence lengths and denying more people bail.

"The key to reducing recidivism levels for the department is better programs and more targeted post-release assistance, such as housing," Professor Brown said.

More effort should also go into keeping juveniles out of prison, as once they had been in juvenile detention they were more likely to end up in an adult prison.

"The Government should reconsider the bail law changes and in particular remove juveniles from the scope of recent changes such as loss of presumption of bail for those with previous property offences," he said. "They are wrecking one of the major social policy successes of the last 20 to 30 years."

It's a trend that infuriates many inside Corrective Services, and the few organisations like [Justice Action] that try to keep prisoners out of jail once they are released.

"The current inaction by the State Government to address more effective alternatives to imprisonment and the perpetuation of the politics of fear is summed up clearly by Albert Einstein's definition of insanity - 'continuing to do the same things and expecting a different result'," said Alison Churchill, chief executive of the Community Restorative Centre - the main government-funded group helping offenders after release from jail - in her 2006 annual report.

[However, one has to throw more caution into the wind because 'Government funded groups' have to do what the government says otherwise they don't get any funding. So the problems are likely to be much worse than their annual report states.]

Overtime bills for prison officers are running at $43 million a year, more than double the budgeted $20 million, and the Government wants private companies to take over the running of Cessnock and Parklea prisons in an effort to save about $16 million in the next three years.

The decision is expected to escalate the industrial war between the prison officers' union and the department, which has already led to one 24-hour strike across many jails.

Experts say cutting wages and jail running costs is only playing at the margins and that unless major policy changes are made the prison population will continue growing.

Dr Weatherburn said entrenched attitudes were the main problem.

"The biggest challenge facing us is … the widespread belief … that trying to change offenders is a waste of time. It isn't," he said.

Corrective Services Commissioner Ron Woodham declined interview requests [but he's been one of the main problems all along... because he just does the state parliaments bidding crooked or not otherwise he doesn't have a job either.]

[What does that say about In-Justice Minister John Hatzistergos? He's also part of the problem and a person who has tendered to create problems over the years relying on the NSW government coffers as an endless cash cow for state taxpayers pockets without fixing any of the problems but making those problems allot worse.]

Quote: Build more jails and just accept a AA+ rating?

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Tuesday, 30 September 2008

Man sentenced for schoolies attack

A 20-year-old man has been sentenced to two years in a youth justice centre for hitting a fellow reveller during schoolies week celebrations in Lorne.

Alexander James Kennedy had pleaded not guilty to one count of recklessly causing serious injury, but was convicted by a jury.

The County Court heard Kennedy had punched a fellow reveller, Jon Hucker, in the face outside the Lorne Hotel in 2006.

Mr Hucker fell to the ground and fractured his skull.

He was comatose for a fortnight, and required long-term rehabilitation to learn how how to walk and speak again.

Outside court, Mr Hucker said he was pleased with today's sentence.

"(There's) no need for violence. Really, like, why do it? There's no need for it," he said.

His mother, Suzanne Hucker, said the two year sentence was fair.

"Very grateful that truth and justice prevailed, and that Jon now can move on," she said.

The court heard Kennedy was drinking before the attack, but was remorseful and had resolved to curtail his consumption of alcohol.

Judge Wendy Wilmoth said courts must deal severely with alcohol-fuelled street violence.

Saturday, 20 September 2008

Judge rules youths be taken out of adult jail

IN A victory for prisoner rehabilitation, a Supreme Court judge has ordered three young offenders be removed from adult jails and returned to juvenile detention centres by Monday to complete their sentences.

Justice Peter Johnson yesterday found the three, aged 18, 19 and 20, had been transferred to jails due to overcrowding in detention centres without proper consideration of their circumstances, the effect on their rehabilitation or procedural fairness. He refused a request from the Department of Juvenile Justice to be given 10 days to organise the transfer.

The youths were transferred to adult jails in April despite court orders they serve their sentences in a juvenile facility until age 21 because of special circumstances that can include developmental delay, mental health issues, and rehabilitation prospects.

Justice Johnson said the transfer had "at the very least, a strong likelihood of actual detriment to their prospects of rehabilitation given the lesser facilities available in adult prisons".

He accepted that psychologists in the juvenile centres who wrote reports on the youths had been told not to include recommendations they stay in the facilities. He referred to evidence that a psychologist had been instructed by her superiors to change her report to delete all quotes from the sentencing judge and other recommendations about the client's unsuitability for transfer to jail.

The three offenders, known as ID, PF and DV, were among 26 young people on a transfer list drawn up by the Department of Juvenile Justice in January when the numbers in detention centres surged after the State Government toughened the Bail Act. The severe overcrowding meant young people had to sleep on a mattress on the floor, and were being held in "segregation" rooms usually used as punishment cells, and older detainees were moved to prison, contrary to court orders.

Justice Johnson accepted that overcrowding could be a consideration for transfer, but there was a statutory obligation to ensure the department had adequate resources.

He said consideration had not been given to the circumstances of the three, in particular, "the powerful body" of evidence that pointed to their progress in rehabilitation, and ehttp://www.blogger.com/img/gl.link.gifducation and training, in the detention centre.

Jane Sanders, the principal solicitor at the Shopfront Youth Legal Centre, said the decision was a victory for rehabilitation and for fairness. "The court reiterated the importance for juvenile offenders to be given an opportunity for rehabilitation even if they have committed very serious offences and have already turned 18," she said.

Dr Tim Keogh, a psychoanalyst and expert witness in the case, who has held positions as director of psychological services in Juvenile Justice, and head of Inmate Services and Programs in the Department of Corrective Services, said it appeared young offenders' rights had been compromised due to management putting pressure on psychologists to change their reports.

Related:

Laws will push teenagers into adult prisons
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Juvenile detainees sharing single cells
SEVERE overcrowding in the state's juvenile detention centres is forcing young people to share cells designed for one person, to sleep on mattresses on the floor and be held in "segregation" rooms usually used as punishment cells.

Thursday, 12 June 2008

Laws will push teenagers into adult prisons


TWELVE young offenders who have brought a court challenge against their transfer from juvenile to adult jails have been dealt a blow after the State Government rushed laws into Parliament that may ensure they are moved.

Seven were shifted to adult jails from juvenile detention centres in March and April soon after their 18th birthdays despite judges' orders that they serve their sentence in a juvenile facility until 21 because of special vulnerabilities.

The transfer of the other five to adult prisons was stopped after an injunction was sought and temporary agreement reached with the Department of Juvenile Justice.

The Minister for Juvenile Justice, Barbara Perry, last week introduced measures that will limit judges' sentencing powers in similar cases, subject the judges' orders to departmental review after six months, and let the department shift detainees to jail with less fear of legal challenge.

"It seems the Government is seeking to enact these changes as a direct response to the legal action taken by the young people," said Jane Sanders, principal solicitor at the Shopfront Youth Legal Centre.

Ms Perry denied the charge, saying the legislation was being planned well before any challenges to the Supreme Court were lodged.

For the past two years the department's director-general has had the power to move detainees to jail once they turned 18, irrespective of judges' orders.

Until this year the power was used only if the people were disruptive or a danger to younger detainees, and has never been legally challenged.

Juvenile justice advocates say severe overcrowding in the centres has prompted the new use of the transfer power.

The overcrowding is a result mainly of an earlier toughening of the Bail Act that has led to a huge increase in young detainees on remand.

The 12 detainees argue they have been denied procedural fairness, and the legitimate expectation they would serve their sentence in a juvenile detention centre. The first directions hearing was held on May 22. The full matter is not expected to be heard for four months.

Even if the youths win under the old laws, it is possible they could be returned to jail under the proposed changes to the Children (Detention Centres) Act and the Children (Criminal Proceedings) Act. Moving other youths will be made easier.

Although the youths are guilty of serious crimes such as armed robbery and sexual assault, all have exemplary conduct records in detention, psychologists' and counsellors' reports say.

Three were completing their HSC, three had completed year 10 in detention, and all had undertaken TAFE courses and weekly rehabilitation programs.

All but one were due for parole before their 21st birthday, although the transfers cast doubt over their release date, lawyers say.

Ms Sanders said sending young offenders to adult jail jeopardised their rehabilitation.

In introducing the measures, Ms Perry said: "I frankly query the benefit of a 21-year-old running down the clock in a juvenile facility when they are disinterested in mending their ways and diverting resources away from a 12-year-old who we might just have a chance of helping."

The shadow attorney-general, Greg Smith, accused the Government of "calling it quits" on rehabilitation. "This is just a cheap exercise by the Iemma Government to try and fix the problem of overcrowding," he said.

The shadow cabinet will decide on Tuesday whether to support the legislation.

Related:

Juvenile jails crisis: inmates turned away
THE state's juvenile justice system is so overcrowded that at least three institutions are refusing to accept any more inmates.

Why you got stuck: Operation Avert
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Juvenile detainees sharing single cells
SEVERE overcrowding in the state's juvenile detention centres is forcing young people to share cells designed for one person, to sleep on mattresses on the floor and be held in "segregation" rooms usually used as punishment cells.