Prisons as Fiscal and Moral Failure Kim Workman

Prisons as Fiscal and Moral Failure Kim Workman Director Rethinking Crime and Punishment

2005 General Election

2008 General Election

2011 - Prison as Fiscal and Moral Failure “Prisons are a fiscal and moral failure and building more of them on a large scale is something no New Zealander wants to see” Hon Bill English, Families Commission 50 Critical Thinkers Forum. 10 May 2011

Justice sector pipeline Min. Police Precursors to Offending Event Police Response Vote Police $1. 5 Billion Min. Justice Min. Courts Court Processes Vote Justice $200 million Min. Corrections Sanctions • collections • Non custodial • custodial Vote Courts $600 million Outcome Vote Corrections $1. 2 Billion Total crown spend: $3. 5 billion annually

The sector spends a lot and has increased rapidly Real expenditure, Justice sector Votes 1, 600, 000 1, 400, 000 $000 Base Year 2010 1, 200, 000 1, 000 800, 000 600, 000 400, 000 200, 000 1996 1997 Justice and Courts Source: Treasury 1998 1999 2000 Police 2001 2002 2003 Corrections 2004 2005 2006 Attorney General 2007 2008 2009 Serious Fraud 2010

0 0 19 96 19 97 19 98 19 99 20 00 20 01 20 02 20 03 20 04 20 05 20 06 20 07 20 08 20 09 20 10 Percent 1. 2 1 0. 8 0. 6 0. 2 Source: Treasury Percent It can’t continue to grow As a percentage of GDP As a percentage of Crown Revenue 2 7 1. 8 6 1. 4 5 4 3 2 0. 4 1

Asset base has grown very rapidly Real asset values, Justice sector Votes 2, 500, 000 $000 Base Year 2010 2, 000 1, 500, 000 1, 000 500, 000 1996 1997 Justice and Courts Source: Treasury 1998 1999 2000 Police 2001 2002 2003 Corrections 2004 2005 2006 Attorney General 2007 2008 2009 Serious Fraud 2010

Police frontline activity has increased Number of patrol apprehensions Number of Police prosecutions* 200, 000 180, 000 160, 000 140, 000 120, 000 100, 000 80, 000 60, 000 40, 000 20, 000 * Excluding traffic. Police and Crown Law do about 90% of prosecutions; the remainder is prosecutions by other government agencies. Source: Police Annual Reports 20 09 20 08 20 07 20 06 20 05 20 04 20 03 20 02 20 01 20 00 20 09 20 08 20 07 20 06 20 05 20 04 20 03 20 02 0 20 01 20 00 0

Criminal court volumes have grown Number of outcomes in criminal courts* 160, 000 140, 000 120, 000 100, 000 80, 000 60, 000 40, 000 20 09 20 08 20 07 20 06 20 05 20 04 20 03 20 02 20 01 20 00 0 * Individuals convicted, diverted, discharged or whose case was not proven in the High, District and Youth Courts. Data continuity from 2005. Source: Ministry of Justice

The prison population has grown Total average number of sentenced prisoners Total average number of remand prisoners 7, 000 2, 000 1, 800 6, 000 1, 600 5, 000 1, 400 1, 200 4, 000 1, 000 3, 000 800 600 2, 000 400 1, 000 200 Source: Corrections Annual Reports 20 10 20 09 20 08 20 07 20 06 20 05 20 04 20 03 20 02 20 01 20 00 20 10 20 09 20 08 20 07 20 06 20 05 20 04 20 03 20 02 0 20 01 20 00 0

30 19 /0 80 6 30 /19 /0 81 6 30 /19 /0 82 6 30 /19 /0 83 6 30 /19 /0 84 6 30 /19 /0 85 6 30 /19 /0 86 6 30 /19 /0 87 6 30 /19 /0 88 6 30 /19 /0 89 6 30 /19 /0 90 6 30 /19 /0 91 6 30 /19 /0 92 6 30 /19 /0 93 6 30 /19 /0 94 6 30 /19 /0 95 6 30 /19 /0 96 6 30 /19 /0 97 6 30 /19 /0 98 6 30 /19 /0 99 6 30 /20 /0 00 6 30 /20 /0 01 6 30 /20 /0 02 6 30 /20 /0 03 6 30 /20 /0 04 6 30 /20 /0 05 6 30 /20 /0 06 6 30 /20 /0 07 6 30 /20 /0 08 6/ 20 09 /0 6/ 30 Prison sentenced offenders at balance date The Māori and Pasifika share of the prison population has grown. . . 3500 Prison sentenced snapshot by ethnicity 3000 Māori 2500 2000 European 1500 1000 Pasifika 500 Unknown Asian European Maori Other Source: Offender Volumes Report 2009, Department of Corrections Asian 0 Balance date Pacific Peoples Unknown

30 19 /0 80 6 30 /19 /0 81 6 30 /19 /0 82 6 30 /19 /0 83 6 30 /19 /0 84 6 30 /19 /0 85 6 30 /19 /0 86 6 30 /19 /0 87 6 30 /19 /0 88 6 30 /19 /0 89 6 30 /19 /0 90 6 30 /19 /0 91 6 30 /19 /0 92 6 30 /19 /0 93 6 30 /19 /0 94 6 30 /19 /0 95 6 30 /19 /0 96 6 30 /19 /0 97 6 30 /19 /0 98 6 30 /19 /0 99 6 30 /20 /0 00 6 30 /20 /0 01 6 30 /20 /0 02 6 30 /20 /0 03 6 30 /20 /0 04 6 30 /20 /0 05 6 30 /20 /0 06 6 30 /20 /0 07 6 30 /20 /0 08 6/ 20 09 /0 6/ 30 Prison sentenced offenders at balance date Sentence lengths have increased. . . Prison sentenced snapshot by management category 4500 4000 3500 Source: Offender Volumes Report 2009, Department of Corrections Long term (>2 years imposed) 3000 2500 Short term (<=2 years imposed) 2000 1500 1000 Indeterminate (Life/ Preventive Detention) 500 0 Balance date

. . . yet short sentences dominate prison throughput Source: Offender Volumes Report 2009, Department of Corrections

Community sentences have also grown rapidly. . . Stacked area graph of community sentenced episode starts/year 60000 Community sentenced period starts by management group 50000 Home detention Community detention Intensive supervision 40000 Community detention Intensive detention Home supervision Home detention Community detention Intensive supervision Supervision Community detention Intensive supervision Home Supervision detention Community Intensive supervision Home Intensive supervision Community detention Home detention Intensive detention Community detention Home supervision Supervision Community detention Intensive detention Home supervision Home detention Home supervision Community detention Intensive supervision Home supervision Community detention Intensive detention Community detention Intensive supervision Home Community detention Intensive detention Home supervision Supervision Community Intensive supervision Home Intensive detention Home supervision Supervision Community detention Intensive detention Home supervision Community Supervision Community detention Supervision Work Supervision Community Work Supervision Supervision Community detention Intensive detention Community Work Supervision Community Work Home supervision Community detention Community Work Community detention Work Community Work Intensive detention Home supervision Supervision Community Work 20000 Community detention Work Intensive detention Home supervision Supervision Community Intensive Community detention Intensive detention Home supervision Supervision Work Community detention Intensive detention Home supervision Community Work Supervision Community detention Intensive detention Home supervision Other Community detention Intensive detention Home supervision Community Work Other Community Supervision Community Other. Community Work Other Community Community Community detention Intensive supervision Supervision Other Community 10000 Home detention Community Work Other Community Supervision Community. Supervision Work Other Community Work Other Community Other Community Other Community 0 19 80 19 198 81 1 19 198 82 2 19 198 83 3 19 198 84 4 19 198 85 5 19 198 86 6 19 198 87 7 19 198 88 8 19 198 89 9 19 199 90 0 19 199 91 1 19 199 92 2 19 199 93 3 19 199 94 4 19 199 95 5 19 199 96 6 19 199 97 7 19 199 98 8 19 199 99 9 20 200 00 0 20 200 01 1 20 200 02 2 20 200 03 3 20 200 04 4 20 200 05 5 20 200 06 6 20 200 07 7 20 200 08 8 2 00 9 30000 Community Work Financial year Source: Offender Volumes Report 2009, Department of Corrections

. . . and the Parole Board has a great deal of influence over sentence length served Stacked area of prison sentenced offenders at balance date 8000 Prison sentenced snapshot by discretionary release eligibility 7000 6000 5000 Discretionary release eligible Discretionary release eligible Discretionary releaseeligible Discretionary release eligible Discretionary release eligible Discretionaryreleaseeligible release eligible Discretionary release eligible. Discretionaryreleaseeligible Discretionaryeligible Discretionaryreleaseeligible Discretionaryeligible Discretionaryreleaseeligible Discretionary releaseeligible release eligible Discretionaryeligible Discretionaryreleaseeligible Discretionary Discretionary release eligible Discretionaryrelease eligible release Discretionary release eligible Discretionary releasereleaseeligible releaserelease eligible. Discretionary release Discretionaryeligible. 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No discretion for discretion forfor discretion No. Nodiscretion for No. Nodiscretionforrelease discretion for No discretion for release No 1000 discretion for releasediscretionforrelease No discretion for release 30 30 /0 6/ 19 /0 80 6 30 /19 /0 81 6 30 /19 /0 82 6 30 /19 /0 83 6 30 /19 /0 84 6 30 /19 /0 85 6 30 /19 /0 86 6 30 /19 /0 87 6 30 /19 /0 88 6 30 /19 /0 89 6 30 /19 /0 90 6 30 /19 /0 91 6 30 /19 /0 92 6 30 /19 /0 93 6 30 /19 /0 94 6 30 /19 /0 95 6 30 /19 /0 96 6 30 /19 /0 97 6 30 /19 /0 98 6 30 /19 /0 99 6 30 /20 /0 00 6 30 /20 /0 01 6 30 /20 /0 02 6 30 /20 /0 03 6 30 /20 /0 04 6 30 /20 /0 05 6 30 /20 /0 06 6 30 /20 /0 07 6 30 /20 /0 08 6/ 20 09 0 Source: Offender Volumes Report 2009, Department of Corrections Balance date

Increasing interventionism coincides with slightly reduced crime in the past decade Total recorded crime in NZ (per 10, 000 population) 1, 200 1, 000 800 600 400 200 Source: New Zealand Crime Statistics 2009/10, Police 20 10 20 09 20 08 20 07 20 06 20 05 20 04 20 03 20 02 20 01 20 00 0

all this activity has not reduced recidivism 2009/10 2004/05 Recidivism Index Released from prison -> reconvicted Started a community sentence -> reconvicted 12 month follow up 42. 6% 29. 2% 12 month follow up 47. 5% 32. 8% 12 month follow up for Maori 47. 0% 33. 0% 12 month follow up for Maori 52. 2% 37. 2% 24 month follow up 55. 4% 40. 2% 24 month follow up 61. 9% 46. 5% 24 month follow up for Maori 61. 1% 45. 6% 24 month follow up for Maori 68. 2% 51. 5% Source: Corrections, Annual Report 2009/10 and 2004/5

The outlook: prison population is forecast to continue to rise. . . Source: Department of Corrections Annual Reports / Ministry of Justice: Justice Sector Forecast 2010 2020

Rising volumes and a flat fiscal picture are not easy to reconcile • • The justice sector costs the Crown a lot of money NZ has very high incarceration rates Efficiency gains are necessary but not sufficient Volumes are amenable to policy changes particularly in the area of short sentences • The justice sector needs to move to a more sustainable path

Order Country Rate 1 United States of America 743 30 South Africa 319 47 Singapore 265 66 New Zealand 192 89 United Kingdom: England & Wales 153 89 United Kingdom: Scotland 153 109 Australia 133 127 Canada 117 132 Italy 111 137 France 102 141 Ireland, Republic of 99 145 Netherlands 94 150 United Kingdom: Northern Ireland 90 157 Germany 85 162 Switzerland 79 163 Sweden 78 184 Iceland 60 186 Finland 59

1933 – An Imprisoning Nation ‘New Zealand has on the whole very little serious crime. Its prisons, nonetheless, are always full to overflowing and there is daily on an average, a prison population more than three times as great, in proportion to the general population, as that of England Wales. ’ Laing, R. , de la mare, F. and Baughan, B. (1933), ‘The Penal System of New Zealand’, Howard Journal of Penology and Crime Prevention, 48 54.

1954 An Imprisoning Nation ‘in relation to population, we have 50% more people in our prisons daily than they have in England Wales. ’ Department of Justice (1954), A Penal Policy for New Zealand. Wellington: Government Printer.

Prisons as Moral Failure John Pratt: • 1985 Zealand friendly, egalitarian • Value social cohesion, homogeneity, security and conformity – a paradise • Intolerant toward those who threaten it’s social cohesion – – – Anti vagrancy laws 1870’s, Treatment of conscientious objectors 1916 Drunks and lunatics 1960’s Resistance to homosexual reform 1970’s Gang members as terrorists 2010 – Pratt, John, The Dark Side of Paradise. “ Explaining New Zealand’s history of high imprisonment” The British Journal of Criminology (2006) 46, 541 560

Rise of Penal Populism John Pratt: • 1985 Impact of Market Economy • A more heterogeneous and pluralistic society. • Competing Values – Individualism vs. collectivism, – meritocracy vs egalitarianism, – choice vs uniformity, • Intolerance toward welfarism and ‘bludgers’ • Increasing gap between rich and poor

Rise of Penal Populism • 2000 Referendum • ‘Tough on Crime’ mantra • Media Promotion of Fear of Crime • Demise of Reliance on Expert Advice • Pre election Bidding Wars • Victims Rights vs Offenders Rights

Prisons as Moral Failure 1853 1919 Bull: • Describes historical Maori over representation in criminal justice system in the period 1853 – 1919, in terms of: – culture conflict, – literal normlessness, and – pursuit of the illusion of state control. • • The British colonial government criminalised Maori whenever they rebelled. A gross violation of human rights and the criminalisation of Maori independence. Bull, Simone, ‘The Land of Murder, Cannabilism, and all kinds of Atrocious Crimes: Maori and Crime in New Zealand 1853 – 1919’ Brit. J. Criminol. (2004) 44, 496 519

Prisons as Moral Failure 1950 1970 Kim Workman: • Maori as “Inside Outsiders” • The Maori population changed from being 80% rural in 1940, to some 80% urban by 1986. • Maori Youth Offending Rate rose 50% between 1954 and 1958

Prisons as Moral Failure 1950 1970 Prior to the 1950’s, Maori offending occurred at a similar rate to non. Maori. One of the factors which caused an increase in crime, related not to how Maori behaved in this strange and new urban world – it had as much to do with how they were treated by non. Maori. John Pratt describes a mindset, which if applied to Maori urban migrants, would see them perceived as a threat to uniformity and homogeneity, and treated as a potentially dangerous underclass. ” Workman, Kim, “Politics and Punitiveness – Overcoming the Criminal Justice Dilemma” A seminar delivered at The School of Government and the Institute of Policy Studies Election, 20 th October 2008

Dept of Social Welfare Report 2003 • Young Maori who entered the youth justice system did so with, on average, less severe offences than non Maori. • Socio economic factors did not explain the differences in terms of the numbers of Maori young people entering the youth justice system. • Those who ‘solely’ identified as Maori experienced greater risks than those who identified as mixed Maori. • Young Maori were more likely to receive outcomes involving orders for supervision either in the community or in a residence, independent of the seriousness of their offences Young Maori were more likely to be dealt with in the Youth Court than were young Pakeha (71% compared with 56%). • Achieving Effective Outcomes in Youth Justice: An Overview of Findings; Department of Social Development, Feb 2004.

Ministry of Justice Report 2007 • Mäori are four to five times more likely to be apprehended, prosecuted and convicted than their non Mäori counterparts • Mäori are also 7 ½ times more likely to be given a custodial sentence, and • Eleven times more likely to be remanded in custody awaiting trial

Ministry of Justice Report 2007 • Mäori aged 10 to 13 six times more likely to be apprehended than their New Zealand European counterparts. • Mäori aged 17 to 20 are three times more likely to be so. • Mäori women are 5 ½ times more likely to be apprehended and ten times more likely to receive a custodial sentence • Mäori men are over four times more likely to be apprehended and seven times more likely to receive a custodial sentence

Ministry of Justice Report 2007 • Three times more likely to be apprehended for drug related offences • Seven times more likely to be apprehended for offences against justice • Almost six times more likely to be apprehended for violent offences compared to New Zealand Europeans. • More likely to be reconvicted and re imprisoned following community based sentences and on release from prison in comparison to other groups

Ministry of Justice Report 2007 Conclusion • Address the direct and underlying causes of ethnic minority and indigenous offending; • Enhance cultural understanding and responsiveness within the justice sector • Develop responses that identify and seek to offset the negative impact of neutral laws, structures, processes and decision making criteria on particular ethnic minority groups

Maori Over-Representation At present, 40% of all Maori males over the age of 15 years have either been in prison or served a community based sentence. If Maori are being imprisoned at a rate six times that of non-Maori, what is the collective impact on their whanau and communities?

The Collateral Cost of Imprisonment “High rates of imprisonment break down the social and family bonds that guide individuals away from crime, remove adults who would otherwise nurture children, deprive communities of income, reduce future income potential, and engender a deep resentment toward the legal system. As a result, as communities become less capable of managing social order through family or social groups, crime rates go up” Stemen D (2007) Reconsidering Incarceration: New Directions for Reducing Crime Vera Institute of Justice New York

The Collateral Cost of Imprisonment “Imprisonment becomes part of the socialisation process. Every family, every householder, every individual in these neighbourhoods has direct personal knowledge of the prison –through a spouse, a child, a parent, a neighbor, a friend. Imprisonment ceases to be a fate of a few criminal individuals and becomes a shaping institution for whole sectors of the population. ” • Garland D (ed) (2001) Mass Imprisonment: Social Causes and Consequences Sage Publications London

A New Direction for Criminal Justice?

Short Term Measures • • • Define ‘public safety’ Focus on low level, repeat offending Strengthen and expand community sentencing options Implement a comprehensive prisoner reintegration strategy Address Māori overrepresentation in the criminal justice system Support the Drivers of Crime strategy Promote community based offender transformation Back whānau, family and community engagement Establish a community justice strategy Achieve community justice through justice reinvestment

Strategic Policy Direction • Bi partisan Political Agreement • Criminal Justice Policy as part of broad social policy agenda • Establishment of Independent Criminal Justice Commission • Independent Review of Criminal Justice System and Strategy • Limits on media reporting post sentence

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Prison as Fiscal and Moral Failure Kim Workman Director Rethinking Crime and Punishment