Recommendation 148

This recommendation is assigned to CSNSW.

Recommendation

That whilst there can be little doubt that some police cell accommodation is entirely substandard and must be improved over time, expenditure on positive initiatives to reduce the number of Aboriginal people in custody discussed elsewhere in this report constitutes a more pressing priority as far as resources are concerned. Where cells of a higher standard are available at no great distance, these may be able to be used. More immediate attention must be given to programs diverting people from custody, to the provision of alternative accommodation to police cells for intoxicated persons, to ball procedures and to proceeding by way of summons or caution rather than by way of arrest. All these initiatives will reduce the call on outmoded cells. The highest priority is to reduce the numbers for whom cell accommodation is required. Where, however, it is determined that new cell accommodation must be provided in areas of high Aboriginal population, the views of the local Aboriginal community and organisations should be taken into account in the design of such accommodation. The design or re-design of any police cell should emphasise and facilitate personal interaction between custodial officers and detainees and between detainees and visitors.

Context

At the commencement of Chapter 24.1 the Royal Commission report stated that issues dealing with Police and prison custody deaths would be dealt with separately in different chapters as the issues were quire distinct. Since the time of the RCIADIC report, Corrective Services NSW (CSNSW) has taken operational responsibility for some police/court cells. The Royal Commission report identified a very urgent need to upgrade police custodial facilities and recommendation 148 is directed at achieving that outcome. This recommendation is primarily directed at NSW Police, however CSNSW has responded as far as it relates to CSNSW.

Details of implementation

CSNSW does not have the authority to make changes to infrastructure of police court cells.

There is an existing Memorandum of Understanding (MOU) between NSW Police Force and CSNSW, which is in the process of being updated, regarding the occupation of these cells and infrastructure responsibilities. An audit of ligature points in NSW Police cells which CSNSW occupy has been undertaken and remediation works are underway.

The co-design aspect is a matter for police.

Diversionary Programs

Walama List

The Walama List pilot aims to introduce community involvement into the judge’s sentencing process, build trust in the justice system and improve the diversion of Aboriginal and Torres Strait Islander people coming before the court into critical support services that tackle the causes of offending behaviour. ‘Walama’ is a Dharug word that means coming back and in this context it means coming to identity, community, culture and a healthy crime-free life. At the core of the initiative is a proves designed to harnesses the wisdom of Aboriginal Elders and respected community members in sentencing discussions.

The Walama Court Project is an initiative run out of Downing Centre (Sydney) District Court for Aboriginal male and female participants who have pleaded guilty for certain criminal offences at Sydney metropolitan District Courts (Penrith, Campbelltown, Parramatta or Sydney). It aims to:

• Reduce risk factors related to reoffending
• Reduce rate of breaches of court orders
• Increase compliance with court orders
• Reduce overrepresentation of Aboriginal and Torres Strait Islander people in custody

This is achieved by enabling Aboriginal and Torres Strait Islander community participation in court processes and embedding Aboriginal and Torres Strait Islander narratives in sentencing process. Also, through utilising culturally appropriate programs and supports to address needs and risk factors and facilitating continuous court monitoring of appropriate therapeutic interventions to address identified risks and needs. 

Compulsory Drug Treatment Correctional Centre (CDTCC)

The CDTCC is an interagency endeavour - primarily between Corrective Services NSW, Justice Health and Forensic Mental Health Network and NSW Justice. A multidisciplinary team at the centre ensures treatment, rehabilitation and reintegration of male participants who have repeatedly offended in order to support a severe drug dependence.

The CDTCC is primarily guided by the Compulsory Drug Treatment Correctional Centre Act 2004 which commenced on 21 July 2006. The CDTCC was opened by the Minister for Justice on 23 September 2006 and received its first participants on 4 September 2006.

There are three stages of the program:

Stage 1:

• Closed detention for at least six months in a secure environment.
• Programs include adult education and work readiness programs, skills programs that address health-related issues, and therapeutic programs that target dynamic risk factors for drug-related offending.

Stage 2:

• Semi-open detention for at least six months with access to programs in the community.
• Programs sought in the community include employment, adult education and vocational training, and social opportunities to assist in effective re-integration.
• Therapeutic programs to maintain positive behaviour change will also be delivered at the CDTCC, with an emphasis on improved family and social relationships.

Stage 3:

• Community custody at accommodation approved by the Drug Court under intensive supervision.
• Programs sought in the community consolidate gains made in Stage 2 and increase access to mainstream community services.
• The Drug Court determines release on parole.

Miruma

Miruma is a residential diversionary program in Cessnock for female offenders with mental health and drug and alcohol abuse issues. The 11 bed facility opened in April 2011 and, to end June 2012, has had 53 women commence the program. Of the 53, three women returned for a second time and have now been successful in their return to the community. There has been an approximated 60% success rate for this complex group remaining in the community for two years.

Miruma provides the opportunity for residents who may be experiencing difficulties in adjusting to lawful community life, to gain stability by way of enhanced supervision. This is facilitated by referral to and liaison with various community agencies including drug and alcohol services, residential rehabilitation programs, Centrelink, TAFE NSW and Housing NSW. Promotion of life skills including budgeting, nutrition and general health care are a focus of the program.

Drug Court

The Drug Court of NSW supervises the intensive community-based rehabilitation of eligible drug-dependent offenders (‘eligible persons’) who would otherwise be sentenced to full-time imprisonment. This is often referred to as the ‘Drug Court program’. The Drug Court program is a joint justice and health intervention aimed at reducing drug dependency, reducing offending, and promoting reintegration into the community. It is proven to be more effective at reducing crime, and the intensive rehabilitation provided costs less than sending people to prison. The Drug Court adopts a multi-disciplinary program delivery model. An interagency team works together under the leadership of the Drug Court Judge to develop, deliver and supervise each participant’s program. The interagency team includes representatives from Office of the Director of Public Prosecutions, NSW Police Force, Legal Aid NSW, Community Corrections NSW, Justice Health and Forensic Mental Health Network (Justice Health) and the treating Local Health District(s).

Bolwara & Parramatta Transitional Centre

CSNSW manages the Bolwara Transitional Centre at Emu Plains and Parramatta Transitional Centre which provide support for female offenders approaching release from custody.

Bolwara focuses on Aboriginal women and provides support for women who have histories of alcohol and other drugs use.

The Parramatta Transitional Centre supports female inmates serving longer sentences who are also preparing for release.

This transitional support is designed to help the women successfully return to the community and minimise their risk of re-offending.

Balund-a

The Balund-a Program is an innovative residential diversionary program for male offenders over 18 years of age. Located at Tabulam, within the Bundjalung Nation, the program's aim is to reduce re-offending and enhance skills within a cultural and supportive community environment. The Aboriginal name, Bugilmah Burube Wullinje Balund-a roughly translates as "Be good now you have a second chance down by the river".

Following acceptance into the program offenders participate in structured programs within a culturally sensitive framework. Programs address specific areas of risk to assist on improving life skills and reintegration into the community, for example, cognitive based programs, drug and alcohol, anger management, education and employability, domestic violence, parenting skills and living skills. Cultural activities include excursions to sacred sites, music, dance and art. Elders employed by the program provide support and assist resident to recognise, restore and value cultural links with their land and history.

The property is situated on 534 hectares and also operates as a farming and beef cattle property giving the residents the opportunity to develop agricultural skills. The length of stay at the program varies according to individual needs however a minimum period of 6 months is required.

While a focus of the program is to reduce re-offending, and thereby the incarceration rate of Aboriginal people, the program is available to all within NSW.

Time to Work Employment Service (TWES)

The Time to Work Employment Service assists adult, sentenced Aboriginal and Torres Strait Islander prisoners to access the support they need to better prepare them to find employment and reintegrate into the community upon their release from prison.

An evaluation of the Time to Work Employment Services was undertaken to assess its effectiveness in improving and supporting the transition of Aboriginal and Torres Strait Islander prisoners to post-release employment service providers.

Gundi Program

The Gundi employment project aimed to help Indigenous ex-offenders gain valuable vocational skills and experience in the building and construction industry sector. The Gundi Program, supporting Indigenous inmates by giving them practical skills and formal TAFE qualifications in a range of construction-related jobs, such as Cert II and Cert III in Building & Construction, forklift operation, dogman (crane assistant) and asbestos removal.

The Gundi program is a partnership between the state's Aboriginal Housing Office and CSI. The program aims to boost the job prospects for offenders when they are released and provides post-release support to gain and maintain jobs. It also addresses a serious housing shortage in remote areas, where a lack of qualified tradespeople has contributed to overcrowding for many Indigenous families.

Employment Initiatives for Aboriginal Offenders

Corrective Services has a Memorandum of Understanding with the Commonwealth to operate the Time to Work Employment Program to provide pre release assistance on employment related matters.

The Department of Prime Minister and Cabinet funded $3.6M in 2018 under the Commonwealth Indigenous Advancement Strategy for three pilot employment-related projects to be delivered by Corrective Services by October 2022.

Project 1: Gundanha Aboriginal Construction Facility

• Provides employment and vocational training for Aboriginal women in the building and construction industry at Wellington Correctional Centre. The project is temporarily on hold as the centre provides urgent assistance to flood impacted areas in the State’s north.

Project 2: Caring and Working: Aboriginal Mothers

• Supports and promotes a stronger family environment for Aboriginal mothers and their children.
• Build and enhance work readiness skills and build relationships with external agencies to secure safe, stable accommodation post release.

Project 3: Emu Plains Employment and Training Hub

• The Employment and Training Hub provides Aboriginal women offenders with greater opportunities to participate in vocational training, work readiness skills and engagement with pre and post release services.
• The participants receive intensive case management services and have access to cultural strengthening programs and community engagement.
• This program has been transferred to Dillwynia Correctional Centre due to the temporary closure of Emu Plains Correctional Centre.

Evidence

• Compulsory Drug Treatment Correctional Centre Act 2004