Paper 9: Preventing Re - Offending
Proposal
1 This paper outlines options to reduce re-offending and future prison bed numbers, including options to:
- expand rehabilitation and re-integrative services;
- review and improve drug, alcohol, and mental health services for offenders; and
- enhance judicial supervision of alcohol and drug treatment of offenders.
Executive Summary
2 Well-designed interventions have demonstrable effects on reducing re-offending and imprisonment. Only an intensive package of rehabilitative and re-integrative interventions will be effective for prolific and other serious offenders. To be cost effective, the package needs to be well-targeted. Less-intensive interventions can be effective with lower-risk offenders. Officials have reviewed evidence from Department of Corrections' experience, systematic evaluation, and international research, to put forward the most promising options.
3 It is recommended that the Department of Corrections' rehabilitation and re-integration services be expanded as follows:
- Establish two further general purpose special treatment units in prisons to provide intensive rehabilitation programmes for an additional 100 high-risk prisoners.
- Establish two further drug treatment units in prisons to provide programmes for an additional 200 high- and medium-risk prisoners with an identified significant drug and/or alcohol dependency.
- Progressively expand participation in market-related employment and training programmes, from the current 40 percent, to 60 percent of eligible prisoners.
- Expand community-based re-integrative services for ex-prisoners in three areas:
- increasing the intensity and duration of re-integrative support associated with supported accommodation;
- expanding practical and intensive mentoring-style support; and
- encouraging community-led initiatives that support ex-prisoners and their families to lead crime-free life-styles.
- Progressively expand Department of Corrections-funded programmes for offenders serving community-based sentences, and those yet to be sentenced. This covers:
- extending child sex offender treatment programmes to smaller centres, and specific offender groups;
- expanding domestic violence programmes to meet an increased volume of referrals and allow better integration between providers and other agencies working with offenders; and
- expanding Tikanga Māori programmes.
- The Department of Corrections believes that driving skills and defensive driving courses would help reduce re-offending rates among those serving community-based sentences. In some cases they could be combined with drug and alcohol interventions, and also be available for ex-prisoners.
The Department estimates that the first three of these initiatives will avoid around 44 prison beds by 2010 and over 100 by 2012.
4 Between 50 and 60 percent of offenders were affected by alcohol and/or other drugs at the time of their offending. Excluding substance abuse and personality disorders, 50 percent of prisoners have a diagnosable mental disorder. Effective and timely treatment of addiction and mental disorder can reduce re-offending rates and imprisonment. There are issues with the availability of treatment and the ability of offenders to access it. The health and criminal justice systems have different objectives and priorities, and decisions on funding and access lie largely with District Health Boards, making it difficult to ensure a consistent approach for offenders across the country.
5 It is recommended that officials report to the Cabinet Policy Committee (POL) by s.9(2)(f)(iv) on terms of reference, time frame and resources for a systematic review of the interface between the addiction and mental health treatment, and criminal justice systems. Pending the outcome of a systematic review, it is recommended that officials report to the Ministers of Health and Corrections by s.9(2)(f)(iv) on the availability of alcohol and drug treatment programmes for offenders in the community, and options to expand them, including costs.
6 It is recommended that officials report to POL by s.9(2)(f)(iv) on options to extend judicial supervision of drug and alcohol treatment for offenders appearing before the court. Strengthening judicial oversight would provide judges with the confidence to divert drug- and alcohol-dependent offenders into treatment programmes as an alternative to, or means to minimise, a sentence of imprisonment. International experience shows that this can be cost-effective in reducing re-offending. A wide range of approaches are possible, and work is required to find the best approach for New Zealand. New options for community-based sentences (see Paper Six) will influence the choice.
Comment
7 As outlined in Paper Two:
- a small number of very serious offenders account for a large proportion of offences, and occupy a large proportion of prison beds;
- their criminal behaviour is deep-seated and reinforced by their environments;
- repeated intensive treatment is required to reduce re-offending; and
- even small reductions in re-offending rates make these expensive treatments worthwhile; however, they need to be well-targeted to be cost-effective.
8 The intensive interventions covered in this paper and Paper Two require well-trained, highly-skilled staff. The agencies implementing expanded programmes will need to co-ordinate their workforce development efforts in attracting and retaining such staff.
9 As outlined in Paper One, a significant proportion of the increase in the prison population since 1999 is due to an increase in the numbers serving sentences of less than two years. Less intensive interventions can make community-based sanctions for this group viable, and be effective in reducing re-offending.
10 Māori will be a majority of the participants in the programmes proposed in this paper. Māori need to be involved in the development and delivery of interventions, which must be effective in engaging Māori offenders and recognise their cultural needs. Department of Corrections' experience shows that, for intensive programmes, this requires an expert understanding of tikanga, whakapapa, and te reo, and contact with appropriate whānau and marae.
Expand rehabilitation and re-integration services
11 The Department of Corrections has a well-established, evidence-based framework of rehabilitative interventions to reduce re-offending and re-imprisonment. Rehabilitative programmes target alcohol and drug use, violence, sexual offending, cognitive skills, education and cultural issues. Re-integrative services aim to preserve the gains made from these programmes, through skill development in prison followed by social support following release.
12 High-risk offenders need a consistent, individually-tailored and intensive package of interventions. Such interventions complement the proposed initiative to tackle prolific offending discussed in Paper Two. Less-intensive and less-expensive interventions can be effective for lower-risk offenders.
13 Based on the Department of Corrections' experience, systematic evaluations and international research, the following proposals are the most likely to avoid prison beds. In particular, a recent evaluation of the Department's rehabilitative programmes shows that the more intensive programmes are successful in reducing re-offending over a two-year follow-up period. Though the proposals will avoid relatively small numbers of beds, there are wider benefits through reduced social costs of crime. Officials are confident of net positive benefits. s.9(2)(j) The Department estimates that the proposals will avoid the need for over 100 beds by 2012.
Expand special treatment units and drug treatment units
14 Internationally, intensive treatment programmes for high-risk offenders have reduced two-year re-offending rates by 10 to 15 percentage points. In New Zealand, they are delivered through special treatment units. The Department of Corrections' data shows that special treatment units appear to be more successful in reducing re-offending for Māori than for other offenders. Non-Māori offenders are not disadvantaged by undertaking programmes in an environment emphasising tikanga.
15 Up to 300 serious (usually violent) offenders would meet sentence length and risk criteria for such programmes. However, there are currently only 110 places per year (including 80 for child-sex offenders), which will increase by a further 50 with the opening of a new unit in 2007.
16 It is recommended that two further generic special treatment units be established, one to commence operating in 2008 and the other in 2009. Together, these would provide treatment for an additional 100 prisoners per year, once fully established. Prisoners would be housed in existing (converted) prison units. s.9(2)(j) The Department of Corrections can self fund the capital costs.
17 Currently, there are three drug treatment units providing 170 places per year. These programmes address the full range of offending-related characteristics, but with special focus on substance abuse and dependence. Currently, 500 prisoners annually would meet all the criteria for programme entry.
18 It is recommended that two further drug treatment units at selected prison sites be
established, one to commence operating in 2007 and the other in 2008. These will provide
treatment for an additional 200 high- and medium-risk prisoners.
s.9(2)(j)
The Department of Corrections can self fund the capital
costs.
19 s.9(2)(f)(iv)
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Employment
20 On 3 May 2006, the Cabinet Social Development Committee noted the Department of Corrections' intention to publish the Prisoner Employment Strategy 2006 - 2009. The Committee also noted that employment initiatives will be further developed for the justice sector project "Effective Interventions in the Criminal Justice System" [ s.9(2)(f)(iv)].
21 International evidence shows that prisoner participation in employment programmes can reduce the three-year re-imprisonment rate by between 5 and 13 percent. In recent years, the quality of employment available to prisoners has improved, but the volume has fallen. It is recommended that the numbers be increased from 1,500 at present to 3,100 by 2008/09 as follows:
| 2005/06 | 2006/07 | 2007/08 | 2008/09 | |
| Prisoner participation | 1,500 | 2,240 | 2,860 | 3,100 |
| Employment hours | 2,900,000 | 3,247,800 | 3,789,600 | 3,981,600 |
22 This will be achieved by:
- increasing participation in the release to work scheme;
- increasing participation in existing business-like industries and related training; and
- establishing new industries supplemented with increased employment-related training.
This requires that multi-purpose facilities be built or upgraded at selected prison sites where current employment rates are low. Work and Income will continue to work with the Department of Corrections, including providing advice on labour market opportunities. Training opportunities will be matched to prisoners' prior education and skills, and as far as possible lead to nationally-recognised qualifications.
23 s.9(2)(j) This
will allow participation of an additional 700 prisoners to be achieved within baselines in
2006/07 and out-years.
s.9(2)(f)(iv)
Re-integrative services
24 Re-integrative services play a key role in maintaining gains from rehabilitation for prisoners being released into the community. The Department of Corrections' framework envisages wrap-around services covering a range of needs, but particularly employment, accommodation, financial difficulties and relationships. The current gap in provision may be in the order of 100 to 150 prisoners per year. s.9(2)(f)(iv)
25 It is proposed that there be additional spending in three areas: an extension of supported accommodation, through more intensive and longer re-integrative support; an increased volume of intensive mentoring-style support; and encouraging community-led initiatives that support ex-prisoners and their families to lead crime-free life-styles. Further work is required to develop and cost the proposed initiatives. s.9(2)(j) If 15 percent of those receiving services avoided re-imprisonment as a result, the direct savings from the initiative would meet the costs, without taking account of wider benefits.
26 s.9(2)(f)(iv)
Community-based treatment programmes
27 There are current gaps in the provision of community-based treatment programmes. The proposals identified in this suite of papers will, if successful, increase the number of offenders serving home detention and community-based sentences. Thus, expanded community-based treatment programmes will be needed to match this additional demand, increase the capacity of providers to work with Māori, and participate more effectively in inter-agency initiatives. Options to increase judicial confidence in community-based sentences (see Paper Six) will also require expansion of rehabilitative programmes.
28 It is recommended that community-based treatment programmes be expanded by:
- extending child sex offender treatment to smaller centres and specific offender groups;
- supporting domestic violence programme providers to handle an increased volume of referrals, improve inter-agency coordination and integration, and provide more support for partners, family/whānau and others who need to be involved in supporting change in offenders' behaviour; and
- increasing the capacity of Tikanga Māori programmes to re-integrate and motivate Māori offenders.
29 s.9(2)(f)(iv)
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30 The Department of Corrections has an increasing concern about the number of offenders convicted of driving offences where drug and alcohol is not a key factor. Driving skills and defensive driving courses may reduce re-offending for those serving community-based sentences. They could be used in conjunction with drug and alcohol treatment programmes if necessary, and be available to prisoners returning to the community after a long sentence. It is recommended that the Department reports to the Minister of Corrections by 30 September 2006 on the design, targeting, costs and likely impact on re-offending, of driving skills and defensive driving courses for offenders in the community.
Drug, alcohol, and mental health treatment for offenders
Drug, alcohol, and mental health services
31 Approximately 80 percent of prisoners in New Zealand, compared to 32 percent of the general population, have exhibited a substance abuse or dependence disorder at some time in their lives. Between 50 and 60 percent of offenders were affected by alcohol and/or other drugs at the time of their offending. Māori feature strongly in these statistics, representing 55 percent of those prisoners currently identified as having alcohol and drug problems that directly link to their offending.
32 Approximately 50 percent of prisoners have a diagnosable mental disorder (excluding substance abuse and personality disorders). Of those with major mental disorders, 90 percent also have a substance abuse disorder. Invalids beneficiaries who are male, young, Māori and suffering from substance abuse, schizophrenia or other unspecified psychological disorder have a relatively high risk (in the order of 5 to 10 percent for each factor considered by itself) of ending their period on benefit in prison. However, it is not clear how far mental illness by itself may be a cause of offending that might be avoided with suitable treatment.
33 There are complex links between addiction and crime and there is no single, causal connection between them. Nevertheless, timely, well-targeted and effective treatments can reduce re-offending and imprisonment rates.
34 The points at which the treatment and criminal justice systems interface are complex. The treatment system focuses on improved social functioning, and physical and mental health, while the criminal justice system focuses on reducing offending. This leads to tensions and confusion in the design, targeting, and access to services at the interface between the two systems. There is also a need to develop information sharing protocols between agencies, to ensure that multiple objectives are achieved. Particular attention is needed at the point that prisoners with substance abuse addictions are released into the community.
35 The current level of provision may also be inadequate. In 2001, the Ministry of Health documented large gaps in provision, particularly for methadone treatment, against guidelines developed by the then Mental Health Commission. The extent to which these gaps have subsequently been addressed is not clear. However, judges report a lack of appropriate treatment services for offenders appearing before them, which limits their sentencing options. The Department of Corrections also reports that offenders on community-based sentences appear to have a lower priority for treatment than other members of the community.
36 Other jurisdictions, in particular the United Kingdom, have taken an integrated, systematic approach to designing and delivering treatment services for offenders to overcome these problems. In New Zealand, the Ministry of Health and the Department of Corrections are currently developing new proposals for the delivery of health services in prisons, but are not covering the wider issue of community-based treatment for offenders. This paper (paragraph 18) also proposes the establishment of new drug treatment units in prison.
37 It is recommended that officials from the Ministries of Health (joint lead), Justice (joint lead) and Social Development, the Department of Corrections, and Police, report to the Cabinet Policy Committee by s.9(2)(f)(iv), on a terms of reference, scope, time-line and resources for a systematic review of the interface between the addiction and mental health treatment, and criminal justice systems, including implications for Māori and Pacific people.
38 The Ministry of Health advises that a systematic review must involve a number of stakeholders, including District Health Board funders and planners, and service providers, and a high degree of inter-agency collaboration. They advise that this level of input will require reprioritisation of existing work.
39 Pending the outcome of any review, it is recommended that the Ministry of Health (lead) and the Department of Corrections report to the Ministers of Health and Corrections by s.9(2)(f)(iv) on the availability of alcohol and drug treatment programmes for offenders in the community, and options to expand them, including costs.
Judicial supervision of alcohol and drug treatment of offenders
40 Strengthening judicial oversight would provide judges with the confidence to divert drug- and alcohol-dependent offenders into treatment programmes as an alternative to, or means to minimise, a sentence of imprisonment. Similar programmes in the United States, Canada, the United Kingdom and Australia are significantly reducing re-offending. The key enhancements to current New Zealand policy would be:
- planned oversight by courts of the individual's progress in treatment, coupled with the availability of rewards and sanctions to encourage participation; and
- ongoing monitoring by an inter-agency team of professionals who assist the offender to address their multiple needs, such as physical and mental health, family problems, housing, and employment.
41 Various models are possible. For instance, separate Drug Courts are common in the United States and to a lesser extent Australia and the United Kingdom. On the other hand, providing District Court judges with the ability to defer sentences pending treatment, to order regular court review of treatment progress where indicated, and to permit early return to court when treatment progress falters, may be a more workable solution for a small country.
42 The success of any option will depend on the extent to which wrap-around services can be offered by multi-disciplinary teams in conjunction with judicial supervision. These options need to be considered further in the context of concurrent work on reviewing community sentences (see Paper Six). The Ministry of Justice advises that the District Courts, particularly in the Auckland region, are under significant pressure, which will be increased by the 1,000 additional police and other initiatives currently proposed. A model that increases the use of judges' time will thus pose significant capacity issues.
43 There is a risk of increasing the prison population if offenders are imprisoned for breaching the conditions imposed by judges. Cost-effectiveness would depend on targeting the right group of offenders for treatment, that is, those who would otherwise receive terms of imprisonment, and who do not pose an undue risk to the safety and well-being of victims or other members of the community.
44 Success is also critically dependent upon the parallel development of effective treatment services. Officials thus place particular weight on the initiatives proposed in the previous section.
45 If successful, this initiative would reduce re-offending and thus avoid a modest number of prison beds. It would also directly reduce the use of imprisonment, both during a period of community-based treatment while under judicial supervision, and through reduced use of imprisonment as a sentence. The size of these effects would depend on the scale of the initiative, the availability of effective treatment programmes, and the quality of supervision. Evaluation of the New South Wales drug court model shows that it is at least as cost-effective as conventional sanctions in reducing re-offending.
46 It is recommended that officials from the Ministries of Justice (lead) and Health, the Department of Corrections, and Police report to the Cabinet Policy Committee by s.9(2)(f)(iv), with proposals for enhancing courts' oversight of drug and alcohol treatment for offenders, including timescale, implementation issues, legislative changes, cost implications, and implications for Māori and Pacific peoples.
Financial implications
47 s.9(2)(f)(iv)
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Recommendations
It is recommended that the Cabinet Policy Committee:
Rehabilitation and re-integration
1 approve the establishment of two new special treatment units in prisons, the first to be operational from 1 July 2008, and the second from 1 July 2009;
2 approve the establishment of two new drug treatment units in prisons, the first to be operational from 1 July 2007, and the second from 1 July 2008;
3 s.9(2)(f)(iv)
4 s.9(2)(j)
5 s.9(2)(f)(iv)
6 s.9(2)(f)(iv)
7 s.9(2)(f)(iv)
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8 direct the Department of Corrections to report to the Minister of Corrections by s.9(2)(f)(iv) on the design, targeting, costs and likely impact on re-offending of driving skills and defensive driving courses for offenders in the community;
Drug, alcohol and mental health treatment for offenders
9 direct officials from the Ministries of Health (joint lead) and Justice (joint lead), the Department of Corrections, and Police, to report to the Cabinet Policy Committee by s.9(2)(f)(iv), on a terms of reference, scope, timing and resources for a systematic review of the interface between the addiction and mental health treatment, and criminal justice systems, including implications for Māori and Pacific peoples, and for women offenders;
10 direct officials from the Ministry of Health (lead) and the Department of Corrections to report to joint Ministers by s.9(2)(f)(iv) on the availability of alcohol and drug treatment programmes for male and female offenders in the community, and options to expand them, including costs;
Judicial supervision of alcohol and drug treatment for offenders
11 direct officials from the Ministries of Justice (lead), and Health, the Department of Corrections, and Police, to report to the Cabinet Policy Committee by s.9(2)(f)(iv) with proposals for the expansion of judicial supervision of alcohol and drug treatment for offenders, including implications for Māori and Pacific peoples, and for women offenders;
s.9(2)(f)(iv)
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13 s.9(2)(f)(iv)
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14 s.9(2)(f)(iv)
15 s.9(2)(f)(iv)
16 s.9(2)(f)(iv)
17 s.9(2)(f)(iv)
Hon Mark Burton
Minister of Justice
On behalf of:
Hon Annette King, Minister of Police
Hon Pete Hodgson, Minister of Health
Hon Damien O'Connor, Minister of Corrections