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Paper 19: Effective Interventions Implementation – Progress Report

Purpose

This paper provides the second quarterly report back on the implementation of the Effective Interventions package. The paper is for Ministers' information only.

Executive Summary

On 24 July 2006, Cabinet agreed to proceed with a package of initiatives called Effective Interventions in the Criminal Justice System (EI) and directed officials to report quarterly on implementation [CAB Min (06) 27/3A refers]. This is the second progress report on implementation.

Overall, implementation is on track. The following developments have occurred since the last report:

a Legislation to give effect to key elements of the EI package (the Criminal Justice Reform Bill) was introduced on 20 November 2006. The Bill will need to be enacted by June 2007 for planned implementation dates to be met.

b Officials have provided nine EI Cabinet report backs since the last quarterly progress report, and there are currently 13 report backs scheduled for 2007.

c Officials are developing a performance monitoring framework for EI that is integrated with the Justice Sector Outcomes Framework and that will assist in measuring the performance and success of EI initiatives across the sector.

d A communications plan to support the Criminal Justice Reform Bill has been developed. A longer-term communications strategy for EI is yet to be considered by Ministers.

e All initiatives that the Government has funded to implement EI are on track within the target dates.

f A steering group of senior officials is overseeing the implementation of the EI package agreed to by Cabinet, supported by a multi-agency secretariat.

Progress Report

Legislation

A legislation steering group, chaired by the Ministry of Justice, has overseen the drafting of the Criminal Justice Reform Bill which:

a gives effect to the sentencing and parole reforms (including community-based sentences and home detention), and

b establishes a Sentencing Council which will develop sentencing and parole guidelines.

The Criminal Justice Reform Bill was introduced on 20 November 2006. The Bill will need to be reported back by the Committee by May 2007 and passed by June 2007 to ensure the implementation of the community-based sentences and home detention initiatives by 1 October 2007. Officials will need to carefully manage issues regarding the implementation and the passage of the legislation through the parliamentary process.

Budget

Cabinet directed officials to prepare Budget bids to implement specific parts of the EI Package [CAB Min (06) 27/3A refers]. Officials have drafted a suite of bids that reflects Cabinet's directive, to be considered under the Families, Young and Old theme.

The key focus of the suite of bids is tilting the balance earlier to reduce crime in the medium to long term. Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
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The development of the budget package, like all other activities, was overseen by the steering group of senior officials.

Cabinet report-backs

Five EI related report-backs due this quarter have been completed (see Attachment One for dates and references). The remaining report-backs are before Cabinet concurrently with this paper:

a Unintended consequences of the use of discretion in the criminal justice system for Māori and Pacific peoples. Cabinet noted the limited evidence about bias in the criminal justice system, and directed officials to report back by March 2007 on the nature of any further research.

b Reform of Community-Based Sentences. Cabinet approved the details of proposed new community-based sentences of community detention and intensive supervision (to be included in the Criminal Justice Reform Bill).

c Persistent or Prolific Offenders. Cabinet agreed to a phased approach, of first developing an existing Christchurch inter-agency initiative, introducing the initiative across five sites (after a report-back in August 2007), then rolling the initiative out nationally (after a three-year evaluation).

d Community Justice Centres. Cabinet agreed that the concept of community justice centres will now be progressed outside the EI workstream.

e Judicial Supervision of Treatment Services. Cabinet agreed that a review of judicial supervision be included in the currently-planned review of the interface between the addiction and mental health systems and the criminal justice system.

Report-backs currently before Cabinet:

a Criminal Pre-Trial Processes. Paper considers measures to reduce unnecessary delay in court pre-trial processes.

b Programme of Action for Māori. An interim report which updates Cabinet on progress in developing a programme of action aimed at reducing Māori over-representation in the criminal justice system (final report due March 2007).

c EI Communications Paper proposes a long-term communications strategy to support the EI package.

d Prisoner Employment Strategy. Paper updates Cabinet on prisoner employment (which was expanded as part of the EI package).

In addition, Cabinet agreed final policy proposals and approved the introduction of the Criminal Justice Reform Bill.

There are currently 13 EI related report-backs scheduled for next year (see Attachment One).

Report back on Community Residential Centres

Cabinet agreed that officials engage with habilitation centres to ensure that these models are effective and funded appropriately [Cab Min (06) 27/3A, para 87 refers].

Previously called Habilitation Centres, Community Residential Centres offer programmes and services to offenders released from prison. These centres aim to equip offenders with the skills they require to reduce the likelihood of further offending and imprisonment.

There are three centres nationwide, each of which are funded on contract to provide a different mix of service for different groups of offenders. Each centre also operates with different formats and programme duration. For example, Montgomery house in Hamilton focuses on violence prevention over a 10 week period and Salisbury Street in Christchurch enhances vocational and educational skills for serious recidivist offenders for a minimum period of six months and maximum of two years.

Te Ihi Tu, based in the Taranaki region, provides a service with a strong Kaupapa Māori element and is more relevant for Māori offenders though not exclusively. Te Ihi Tu is currently being evaluated, the findings of which will be reported back to the Minister of Corrections in April 2008.

In 2004/05, Community Residential Centres were reviewed and through the budget bid process, additional funding was successfully secured. The additional funding was used to ensure that the three centres were funded appropriately. Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
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Measuring Success / Understanding the Success of EI

Officials are planning to monitor the performance and success of EI through a performance framework that is integrated with the Justice Sector Outcomes Framework. The performance framework will provide a structured tool for coordinated sector performance monitoring, research and evaluation of EI initiatives, with a focus on significant and high-value issues and outcomes. It will also provide a central performance monitoring process to inform future reporting or queries on EI performance and success for the sector. The EI performance framework is expected to be operational from July 2007.

Communications

Ministers have used speaking and media opportunities to communicate the initiatives in the EI package. A communications plan to support the introduction of the EI legislation and draft communications material have been provided. As noted above, a longer-term strategy for communications is yet to be considered by Ministers.

Operational Implementation

Implementation of all other EI and related initiatives agreed to by Cabinet is on track. The status of each initiative is as follows:

Initiatives that provide alternatives to prison

Home Detention and expansion of community-based treatment programmes: Initial design and planning is nearly complete for the implementation of Home Detention and the expansion of community-based treatment programmes (Tikanga Māori, Sex Offender and Domestic Violence programmes). The coming months will see the development of operational policies and procedures, IT requirements and any changes to workforce design / structures.

Restorative Justice: The Ministry of Justice is required to establish a performance framework before the restorative justice projects commence in 2007/08. Consultation with key stakeholders (including other government agencies, judiciary and practitioners) is almost complete on the organisational design of the restorative justice unit. Development is also underway of the detail of the performance framework, including specific policies and processes to strengthen the contractual framework for current providers and thereby provide a base for future development.

Electronic Monitoring as a special condition of bail (EM bail): The nationwide phased implementation of EM Bail was completed on 27 November 2006. The initial number of EM bail applications made from phase one (Northland and Auckland area) have been relatively modest. The Department of Corrections initially experienced a similar pattern when home detention was introduced. Police monitoring of EM bail-related trends across the country will help inform the Police and Ministry of Justice's report to Justice Sector Ministers [by 25 September 2007] about EM bail.

Initiatives that involve smarter use of prison

Employment programmes: The Department of Corrections is to expand prisoner employment to cover 60% of prisoners (2006/07 and out years). Initiatives are underway [Cab Min (06) 52 refers].

Drug Treatment Units and Special Treatment Units: The Department of Corrections will establish two new drug treatment units in prisons by 1 July 2007 and 1 July 2008 and two new special treatment units in prisons by 1 July 2008 and 1 July 2009. The placement of two new drug treatment units has been approved (currently seeking tenders). Planning for the establishment of the two special treatment units is scheduled to begin in July 2007.

Other initiatives

Monitoring prosecutions: Police will commence measurements from 1 January 2007. Reports will be produced annually to coincide with release of Police Crime Statistics. This work is on track to enable the baseline data to be completed by 31 December 2006 and the measurement to commence from 1 January 2007.

Establishment of the Sentencing Council: The Law Commission has staffed the Establishment Unit to draft Sentencing Guidelines. The Unit will draft the guidelines over the next 20 months in consultation with key stakeholders (the judiciary, the prosecution and defence bar, government agencies and justice sector groups). The Law Commission and the English Sentencing Guidelines Council are considering the extent to which they may collaborate on the drafting of guidelines for some offence types in which there is a high degree of commonality between the two jurisdictions.

Governance arrangements to oversee the implementation of EI

The EI package is being implemented through normal agency processes, with oversight provided by a cross-agency Steering Group of senior officials, chaired by the Ministry of Justice. Since August 2006, the Steering Group has met weekly to oversee an intensive period of policy advice. A high level of interagency cooperation has been demonstrated in preparation of legislation, report-backs and budget bids, managing communications and the integration with the outcomes framework.

Consultation

The Department of Corrections, New Zealand Police, Ministry of Social Development, Ministry of Pacific Island Affairs, Ministry of Health, Ministry of Education, Te Puni Kōkiri, State Services Commission, Department of Prime Minister and Cabinet, Treasury and the Law Commission have been consulted on this paper and agree with its contents.

Financial implications

This paper contains no financial implications but refers to Cabinet papers and budget bids that will have financial implications.

Human rights

This paper has no human rights implications.

Legislative implications

This paper has no new legislative implications. The Criminal Justice Reform Bill has been introduced and referred to Select Committee.

Regulatory impact and business compliance cost statement

This paper has no requirement for a regulatory impact statement.

Gender implications

This paper has no gender implications.

Disability Perspective

This paper has no disability perspective implications.

Recommendations

It is recommended that the Cabinet Policy Committee:

note that the Criminal Justice Reform Bill, which gives effect to key elements of the Effective Interventions package was introduced on 20 November 2006;

note that the Bill needs to be enacted by June 2007 for planned implementation dates to be met;

note that all funded initiatives are on track within the target dates;

note that the Law Commission has staffed the Establishment Unit and has commenced work on the draft Sentencing Guidelines;

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note that five EI Cabinet report backs have been completed, and the remaining four are currently before Cabinet, since the last quarterly progress report; and

note that officials are developing a sector-wide performance monitoring framework for EI that is integrated with the Justice Sector Outcomes Framework and that will assist in measuring the performance and success of EI initiatives across the sector;

note that the high level of interagency cooperation continues for the implementation of the Effective Interventions package. Governance and oversight will continue to be provided by a Steering Group of senior officials, chaired by Ministry of Justice.

Hon Mark Burton
Minister of Justice

Attachment 1

CABINET REPORT BACKS ON EFFECTIVE INTERVENTIONS

Report backs since last quarterly report [as at 21 November 2006]

	Report-back	Date considered, and Minute reference
1	Criminal pre-trial processes - causes of delay and possible solutions	2 October 2006 CBC Min (06) 17/14
2	Quarterly Progress Report	2 October 2006 CBC Min (06) 17/10
3	Systematic review of interface between mental health addiction treatment and the criminal justice system	2 October 2006 CBC Min (06) 17/13
4	Expanding alcohol and drug treatment programmes	2 October 2006 CBC Min (06) 17/9
5	Community Justice Centres	2 October 2006 CBC Min (06) 17/11
6	Criminal Justice Legislation: Miscellaneous Amendments	9 October 2006 CAB Min (06) 37/1D
7	Unintended consequences arising from exercise of discretionary powers	11 October 2006 POL Min (06) 21/5
8	Reform of community based sentences	11 October 2006 POL Min (06) 21/6
9	Persistent or prolific offending	30 October 2006 CBC Min (06) 18/22
10	POL/LEG Paper on the Criminal Justice Reform Bill	POL 8 November 2006 POL Min (06) 24/20
11	Judicial supervision of treatment services	POL 22 November 2006
12	Programme of action relating to Māori - interim report	POL 6 December 2006 (TBC)
13	Criminal pre-trial processes	POL 6 December 2006 (TBC)
14	Communications	POL 6 December 2006 (TBC)
15	Prisoner Employment Strategy: Progress	SDC 6 December 2006 (TBC)

CABINET REPORT BACKS ON EFFECTIVE INTERVENTIONS

2007 Report backs [as at 21 November 2006]

	Report-back	Due date
1	Programme of action relating to Māori - final report	xxxxxxxxxxxxxxxxxxx
2	Further research on unintended consequences of the use of discretion in the criminal justice system for Māori and Pacific peoples	xxxxxxxxxxxxxxxxxxx
3	Addiction treatment - gaps in service	xxxxxxxxxxxxxxxxxxx
4	Addiction treatment - investment in service capacity	xxxxxxxxxxxxxxxxxxx
5	Health and Justice systems interface - discussion document	xxxxxxxxxxxxxxxxxxx
6	Monitor Home Detention use by Māori and Pacific peoples	xxxxxs9(2)(f)(iv)xxxx
7	Programme of action relating to Pacific peoples	xxxxxxxxxxxxxxxxxxx
8	Female Inmates	xxxxxxxxxxxxxxxxxxx
9	Reporting Māori and Pacific Offending	xxxxxxxxxxxxxxxxxxx
10	Health and Justice systems interface - final report and bid	xxxxxxxxxxxxxxxxxxx
11	Persistent or Prolific Offenders - report on the preliminary outcomes of phase one, and on the proposal for the implementation of the initiative across five sites nationally (phase two), including any financial implications	xxxxxxxxxxxxxxxxxxx
12	Appeals from JP's bail decisions	xxxxxxxxxxxxxxxxxxx
13	Electronic Monitoring as a condition of bail - report on most appropriate agency to manage	xxxxxxxxxxxxxxxxxxx