MEMO

From: HUGH SELBY, writer for CityNews, and voters and readers

To: Marisa Paterson, Minister for Corrections

Email: paterson@act.gov.au

SUBJECT: Corrections means rehabilitation and reintegration

Urgency for political reasons: Nil

Value for human rights, compassion, and a better future for us all: High

The Transitional Release Program (TRP) at our prison (AMC) has failed. You, as minister, can turn that around.

The TRP was intended to ease prisoners back into our society so that they can contribute.

Alas, current management is doing the opposite. They are setting up prisoners to fail. 

If you were the Minister for Punishment, or Vengeance, or Retribution then this approach would be understandable. You are not. 

There are only two prisoners on the program who are engaged in work release, and none engaged in educational programs. 

The TRP employs case managers, a team leader, and up to three custodial staff on shift. Hence the failure of the TRP is not a result of a lack of staff. 

Discussed here are the restrictions upon leave from the AMC that thwart reintegration. These restrictions apply to these forms of leave: employment; connecting with family; engaging in education; or performing the tasks required of someone trying to put their life back together after imprisonment.

All leave must be escorted 

A prisoner cannot be granted leave without being accompanied by a “sponsor”. This means that someone from the community must always be with the prisoner, in direct line of sight.

Before a prisoner can be employed, multiple sponsors from the workplace must be approved. All these people are being inconvenienced. The approval process typically exceeds two months and must occur before any employment. Little wonder that early willingness to help dries up. 

Risk-based arguments that a prisoner always needs to be supervised are fallacious. TRP prisoners are approaching parole, full-time release without any supervision. In preparation for that, short periods of leave unsponsored, such as over a weekend, or during the work day, should be part of the reintegration experience. 

There is an option for leave to be unescorted, but it’s a false hope. Policy gives the example of educational leave, such as to attend a university. This is not happening. For example, preparing to move to the TRC, a prisoner was working on his thesis. He was told that he needed to pick between education and the TRP. If he chose to pursue a PhD it would be grounds for removal from the TRP. 

Minister, as you have a PhD, this absurdity may affront you as it affronts me.

Single-site location only 

Prisoners are not permitted to work where there is a possibility of needing to move between multiple sites, even if in the presence of a sponsor. This rule prevents most trade roles where both prisoner workers and their sponsor expect to move around. Hardly sensible.

No driving a car or a motorbike

This means that the prisoner needs to rely on their employer or another sponsor to take them between the AMC and work. Prison staff are allowed to provide transport, but only if there are staff available and the location is close to the AMC. 

The TRP rules around driving often mean that those in the TRP are released unlicensed, so even prisoners who were lucky enough to obtain work and can get a lift to/from work face release with no way to get to work. Not reintegrative.

No phone or internet use 

A prisoner is not permitted to use the phone or the internet. Not only does this make finding a job difficult, it pointlessly limits the types of work. Everything from office work to retail and hospitality roles requires phone and internet use. 

This restriction is used to justify blocking education from the TRP. As education, be it AVL classes or research, requires the use of computers and the internet, the prohibition on these things has been considered a prohibition on education as part of the TRP. 

This restriction also undermines the ability of staff to reduce risk. As examples, a prisoner with a phone could call the prison in an emergency, the prison could contact the prisoner outside the AMC, and the phone could act as a form of electronic monitoring. All prohibited for now. Ridiculous.

No licensed premises 

A prisoner is not permitted to enter a licensed venue. This includes working at a cafe or restaurant, even in the kitchen. This is just daft. 

As prisoners are breath tested upon return to AMC, there is no alcohol risk. This rule largely eliminates the hospitality industry as an employment option. 

An opportunity to lead. Please take it.

There are some prisoners who have been in TRP for over a year but, lacking sponsors, and with the work restrictions, they (and the community) gain nothing. 

The TRP needs to emulate life in the community, not the prisoner’s past in the prison. 

The TRP creates an opportunity to show that rehabilitation and reintegration go hand in hand. 

Your PhD was about gambling. This is a safe bet. Please take it. Show that reintegration works.

Former barrister Hugh Selby’s free podcasts on “Witness Essentials” and “Advocacy in court: preparation and performance” can be heard on the best known podcast sites.