You are here: Cabinet Papers Progress Report

Paper 20: Effective Interventions - Progress Report

Purpose

This is the third quarterly report on Effective Interventions.

Executive Summary

On 24 July 2006, Cabinet agreed to a package of Effective Interventions initiatives for the Criminal Justice System and directed officials to report quarterly on implementation [CAB Min (06) 27/3A refers].

The last quarter has seen the focus of Effective Interventions increasingly shift to implementation of the package of initiatives agreed by Cabinet to manage the growth of the prison population. Overall, implementation of funded initiatives is on track and within budget.

However, achieving the central Effective Interventions goal of managing the prison population down by 2011 relies on all of the initiatives proceeding as planned, as an interdependent package, and in a timely manner. In particular, the Criminal Justice Reform Bill.

Key points of note from the last quarter are:

Justice Sector Ministers received the Prison Population Forecasts. These note that if the expected 800 prison bed savings from implementation of Effective Interventions initiatives are lower, and/or the impact of the 1,000 extra Police is higher than expected, the prison population could reach 9,578 by June 2014 (7656 as at June 2006).

The Justice and Electoral Committee have called for further submissions on the reforms of parole agreed to by Cabinet, for inclusion in the Criminal Justice Reform Bill. This is likely to delay the Bill's progression through the Select Committee stage. Any delays will impact the implementation of the community-based sentences and home detention.

Changes to Home Detention, the introduction of two new community based sentences, and expansion of community based treatment programmes are currently on track for successful implementation by 1 October 2007.

An Establishment Unit has begun to draft sentencing guidelines for the new Sentencing Council.

Work is on track to establish three new drug treatment and two new special treatment units in prisons.

Community engagement has contributed to the development of a proposed Programme of Action for Māori, a proposed Programme of Action for Pacific People and proposals to improve the interface between mental health and alcohol and other drug services and the criminal justice system.

Background

In July 2004 Cabinet was presented with options to relieve pressure on prisons before 2011. Cabinet agreed to proceed with a criminal justice package, Effective Interventions, to manage the forecast prison population downwards by 2011 [CAB Min (06) 27/3A refers].

Prison Population Forecast

In March 2007 Justice Sector Ministers received the 2006 Justice Sector Prison Population Forecasts. The baseline prison population, which takes into account the estimated impact of Effective Interventions and the additional 1000 police, is forecast to rise from 7656 as at June 2006 to 9,028 by June 2014. If the expected savings from implementation of Effective Interventions initiatives are not achieved and/or the impact of the 1,000 extra Police is higher than expected, the prison population could reach 9,578 by June 2014.

2006 Justice Sector Prison Population Forecast

[View large image]

The forecasts assume that current policy and legal settings will continue over the period. Any policy or operational changes, even of seemingly small nature, could result in a significant variance between the actual and forecast prison population and alter projections.

While the Effective Interventions package remains on track, its success in managing the forecast prison population down by 2011 is dependent on further implementation work for funded initiatives proceeding as planned. The impact of Effective Interventions bed savings may be later or different than anticipated if, for example, the Criminal Justice Reform Bill is delayed or altered. Any reductions in Effective Interventions related savings will require additional prison beds and may require new prisons to be built.

Progress Report

Effective Interventions Cabinet report-backs due

Cabinet will see another Effective Interventions related report-back in May in addition to this progress report, that is the further research on unintended consequences of the use of discretion in the criminal justice system for Māori and Pacific people.

Budget

In July 2006, Cabinet approved funding for initiatives that save prison beds in the short term. For other parts of the Effective Interventions package, Cabinet asked for bids in the Budget process. This included the component of the Effective Interventions package aimed at "tilting the balance earlier to reduce crime", which is expected to address the precursors of crime and be cost-effective in the longer term.

Legislation

The Justice and Electoral Committee received 52 submissions on the Criminal Justice Reform Bill. The Committee has agreed to call for further submissions on the Supplementary Order Paper containing further parole reforms in response to the Burton case. The Committee has indicated that they are likely to seek an extension to the 4 June 2007 report back date for the Bill.

To meet the 1 October 2007 implementation date for community-based sentences and home detention, the systems development to support the changes must be complete by July 2007. Further changes of significance or delays to the Bill's progress, will flow on to threaten implementation of the community-based sentences and home detention.

Implementation of Legislation

Home Detention, introduction of two new community based sentences, and expansion of community based treatment programmes: Implementation of the new sentencing structures requires extensive changes to existing policies and procedures, including the infrastructure that underpins them (IT systems, manuals and training materials). Detailed planning has been completed, and design / development work is now underway. The changes also require the recruitment and training of over 400 front line staff in the Community Probation Service (CPS), and the training of all CPS staff in the changes. The changes are on track for successful implementation by 1 October 2007. The expansion of community based treatment programmes (Tikanga Māori, Sex Offender and Domestic Violence programmes) has progressed with the development of a national approach to the allocation of increased funding of these programmes.

Establishment of the Sentencing Council: The Establishment Unit has begun to draft sentencing guidelines. This will take place 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 will collaborate with the English Sentencing Guidelines Council on the drafting for some offence types where there is a high degree of commonality between the two jurisdictions. The Ministry of Justice is supporting this work through the provision of data and analysis which will inform the guidelines' development.

Initiatives that provide alternatives to prison

Restorative Justice: The Ministry of Justice is required to establish a performance framework before the proposed restorative justice projects begin in 2007/08. An advisory group of key stakeholders (including other government agencies, judiciary and practitioners) has been established to oversee this work. Development is also underway of the performance framework detail, including specific policies and processes to strengthen the contractual framework for current providers and thereby provide a base for future development.

Initiatives that involve smarter use of prison

Employment and Trade and Technical Training: Corrections is to expand prisoner employment to cover 60% of prisoners (2006/07 and out years). Prisoner employment volumes have grown significantly, particularly in the area of Release to Work, where prisoner participation numbers have grown from less that 20 to over 90 in less than a year. Corrections reported to Cabinet on work currently underway to increase prisoner employment in December 2006, and will provide a further update in July 2007. An example of work includes efforts in conjunction with the Tertiary Education Commission to facilitate prisoner enrolments in trade and technical national certificate courses. Corrections expect to provide advice to Cabinet on a long-term policy and funding approach in the Cabinet report back Future Provision of Trade and Technical Tertiary Courses to Prisoners. In addition to these initiatives, the Department is in discussions with the Department of Labour to ensure that prisoner employment is not in breach of the International Labour Organisation Convention on Forced Labour.

Drug Treatment Units and Special Treatment Units: Corrections continues work to establish three new drug treatment units in prisons by in 2007 and 2008, and two new special treatment units in prisons in 2008 and 2009. A contract has been signed with the preferred provider for the provision of new drug treatment units (two are Effective Interventions funded and the other is Department funded) following an open tender process. The placement of two units has been approved and the design signoff for the other unit has been received. Planning for the establishment of the two special treatment units is scheduled to begin in July 2007.

Initiatives to reduce crime

Persistent and Prolific Offending: This work aims to address factors that reduce recidivism in populations with high re-offending rates. In August 2007 the Ministry of Justice and New Zealand Police will report to Cabinet on the feasibility of introducing an initiative to five locations.

Engagement on the development of Effective Interventions initiatives

Over the last quarter community engagement has been undertaken as follows:

20.1 Programme of Action for Māori: Reducing offending by Māori is a long-standing issue. To enhance understanding of Māori offending, and improve delivery, officials engaged with Māori providers and practitioners. Thirteen focus groups have been held with 46 Māori providers and practitioners. Fourteen focus groups have been held with Māori offenders and two meetings have been held with a Māori experts reference group.

20.2 Programme of Action for Pacific People: Targeted consultation is being undertaken with the Pacific providers and community representatives. Interviews have been held with Pacific offenders, youth justice clients and service providers. xxxxxxxxxxxxxxxxxxxxxxxxxxxs9(2)(f)(iv)xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

20.3 Interface between mental health and alcohol and other drug (AOD) services and the criminal justice system: An update report in February 2007 to the Minister of Justice and the Associate Minister Health outlined several draft proposals to improve the way the mental health and AOD treatment needs of people within the criminal justice system are met, these include:

placing a nurse with mental health and AOD training in a Police station

placing an AOD clinician in Court to provide advice to judges

establishing a new residential AOD programme for offenders in the Wellington region

establishing specialist offender teams to offer services in prisons and run programmes for offenders in the community.

20.4 Draft proposals will be discussed with key community informants and stakeholders in March 2007. Cabinet will see final proposals and cost estimates by the end of May 2007.

Understanding and Measuring the Success of Effective Interventions

Officials will monitor the performance and success of Effective Interventions through a performance framework that is integrated with the Justice Sector Outcomes Framework. Development of this framework is on track and will enable:

monitoring of coordinated sector performance

identification of significant and high-value issues

provision of a central sector performance monitoring process to inform future reporting.

Officials will include a description of the performance framework for monitoring the success of Effective Interventions, alongside the report-back to Cabinet in August 2007 about how the justice sector outcomes framework will be used to monitor progress in reducing Maori and Pacific peoples' offending.

Stakeholder Management

Ministers have continued to use speaking and media opportunities to communicate the initiatives in the Effective Interventions package. A plan to manage stakeholder relations over the implementation phase of Effective Interventions is currently being developed.

Other Effective Interventions related initiatives

Electronic monitoring as a special condition of bail (EM bail): Nationwide phased implementation of EM bail was completed on 27 November 2006 and is operating well. The caseload is growing but remains modest in some locations (the Department of Corrections experienced a similar pattern when Home Detention was introduced). At 15 March 2007, 167 applications had been received. Of the 79 applications that have been heard by the Courts, 34 have been granted (i.e. 43% of applications heard have been granted). Police are monitoring EM bail related trends and will report, with the Ministry of Justice, to Justice Sector Ministers on progress in November 2007.

New Zealand Maori Crime Prevention Strategy: The New Zealand Police, in partnership with key Māori leaders, have agreed to coordinate the development and implementation of a New Zealand Māori Crime Prevention Strategy (NZMCPS) which will be led by Iwi.

The purpose of the proposed NZMCPS is to provide a framework for joint action by agencies and Māori in order to reduce offending and victimisation among Māori. The strategy will focus on priorities, aims and targets identified by Māori. Those priorities, aims, and targets will include specifically criminal justice activities, as well as initiatives that consider broader quality of life outcomes.

Police will continue to work closely with Te Puni Kōkiri to ensure that the engagement process they are leading together with Justice Sector agencies incorporates discussion of crime prevention issues, to support Iwi, who have expressed an interest in developing their own crime reduction plans.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
xxs9(2)(f)(iv)xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Kia Puāwai: Giving Children the Best Start in Life is a cross-government approach to building a comprehensive system of universal, targeted, intensive and statutory services for children aged zero to six years and their families, especially vulnerable children. There is strong evidence that investment in children aged zero to six years is most effective in improving outcomes in adolescence and adulthood across education, health and social domains. This initiative will contribute to the Effective Interventions theme of early intervention.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxs9(2)(f)(iv)
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

New initiatives currently being implemented include early years service hubs and service co-ordinators for vulnerable teenage parents and their children. Early years service hubs are being established in South Dunedin, Murupara, Whangarei, Tokoroa and Mangere. Service co-ordinators are being established in eight communities.

Improving Outcomes for Young People in Counties Manukau: There is continuing progress in the implementation of this Action Plan. Developments include establishment of an interim reception centre, extension of the Social Workers in Schools initiative and the implementation of family start services in Papakura and Mangere and establishment of an Integrated Case Management service for young people and their families. Key agencies and community leaders are reporting that the environment in Counties Manukau and Otahuhu is noticeably less volatile than was the case when the Action Plan was first conceived. There has been a real increase in community ownership of the challenges facing young people in Counties Manukau and Otahuhu and work continues to receive positive feedback from local communities and agencies. Officials are continuing to work with the community to ensure the young people of Counties Manukau and Otahuhu have every opportunity to succeed.

Updating the Children, Young Persons, and Their Families Act 1989 (CYPF): This project will develop options to improve and update the CYPF Act within the framework provided by the existing objectives, principles and the Family Group Conference model. It will include exploring options to make child offender and youth justice provisions more effective in steering children and young people away from offending at the earliest opportunity. The Ministry of Justice will continue to work closely with the Ministry of Social Development in this area.

Implementation Governance

Effective Interventions is implemented through normal agency processes, with oversight provided by a cross-agency Steering Group of senior officials, chaired by the Ministry of Justice. A high level of interagency cooperation has been required in the preparation of legislation, report-backs and budget bids, managing stakeholder relations and the integration with the outcomes framework.

The Steering Group will be undertaking a series of local site visits over 2007 to build a collective and practical understanding of the implementation of Effective Interventions initiatives.

Consultation

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

Financial implications

This paper contains no financial implications but refers to Cabinet papers and budget bids that may 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 referred to the Justice and Electoral 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

The Minister of Justice recommends that that the Committee:

note that this is the third quarterly report on Effective Interventions;

note that the focus of Effective Interventions has increasingly shifted to implementation of the package, which is broadly on track with timing and budget;

note that any policy or operational changes may require a reassessment of the anticipated bed savings from Effective Interventions;

note that the impact of Effective Interventions bed savings may be later or different than anticipated if the Criminal Justice Reform Bill is delayed or altered;

direct officials (Ministry of Justice lead) to include a description of the performance framework against which the success of Effective Interventions will be monitored, alongside the report-back in August 2007 about how the justice sector outcomes framework will be used to monitor progress in reducing Maori and Pacific peoples' offending [Cab Min (06) 27/3A para 120 refers].

Hon Mark Burton
Minister of Justice

Attachment 1

CABINET REPORT BACKS ON EFFECTIVE INTERVENTIONS

All Effective Interventions report backs since August 2006 [as at 20 April 2007]

	Report-back	Date 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	8 November 2006 POL Min (06) 24/20
11	Judicial supervision of treatment services	22 November 2006 POL Min (06( 26/06
12	Quarterly Progress Report	18 December 2006, CAB Min (06) 22/11
13	Programme of action relating to Māori - interim report	18 December 2006 CAB Min (06) 26/12
14	Criminal pre-trial processes	18 December 2006 CAB Min (06)22/10
15	Prisoner Employment Strategy: Progress	18 December 2006 CAB Min (06) 47/12

Attachment 2

CABINET REPORT BACKS ON EFFECTIVE INTERVENTIONS

2007 Report backs [as at 20 April 2007]

	Report-back	Intended 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	Third Quarterly Report	xxxxxxxxxxxxxxxxxxx
4	Health and Justice systems interface - final report	xxxxxxxxxxxxxxxxxxx
5	Monitor Home Detention use by Māori and Pacific peoples	xxxxxxxxxxxxxxxxxxx
6	Programme of Action relating to Pacific peoples	xxxxxs9(2)(f)(iv)xxxxxx
7	Female Inmates	xxxxxxxxxxxxxxxxxxx
8	Fourth Quarterly Report	xxxxxxxxxxxxxxxxxxx
9	Reporting Māori and Pacific Offending	xxxxxxxxxxxxxxxxxxx
10	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
11	Fifth Quarterly Report	xxxxxxxxxxxxxxxxxxx
12	Sixth Quarterly Report	xxxxxxxxxxxxxxxxxxx