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Select Committee on the Increase in Prisoner Population Final Report

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LEGISLATIVE COUNCIL<br />

<strong>Increase</strong> <strong>in</strong> Pris<strong>on</strong>er Populati<strong>on</strong><br />

man – without success. Meet<strong>in</strong>gs were held with<strong>in</strong> <strong>the</strong> community <strong>in</strong>to which he<br />

was to return were written to executive staff of appropriate departments, and n<strong>on</strong>government<br />

agencies were approached.<br />

JD was released to live with his mo<strong>the</strong>r without appropriate support, after a short<br />

time he stole a small item, when not arrested for this <strong>in</strong>cident he approached <strong>the</strong><br />

parole officer with a knife and threatened that he would use it unless he was<br />

returned to custody.<br />

He was released at <strong>the</strong> expiry of his sentence <strong>on</strong> 20/10/98.<br />

He is presently <strong>on</strong> remand for ano<strong>the</strong>r bank robbery and is housed <strong>in</strong> <strong>the</strong><br />

Disability Unit at <strong>the</strong> Sydney Police Centre.<br />

JD would not be a significant threat to <strong>the</strong> community if appropriate support<br />

opti<strong>on</strong>s were available. After extensive attempts, it has not been possible to locate<br />

such services. 183<br />

6.148 Probati<strong>on</strong> and Parole also provide a bail assessment program, which is used to supervise<br />

people <strong>on</strong> bail as an alternative to <strong>the</strong>m be<strong>in</strong>g held <strong>in</strong> custody. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> was advised<br />

however that <strong>the</strong> numbers are relatively small and it is not highly used by <strong>the</strong> judiciary. The<br />

program was withdrawn purely due to its lack of use. 184<br />

6.149 The <str<strong>on</strong>g>Committee</str<strong>on</strong>g> is c<strong>on</strong>cerned that lack of community based facilities for mentally ill people<br />

and for people with <strong>in</strong>tellectual disabilities may be c<strong>on</strong>tribut<strong>in</strong>g to crime <strong>in</strong> <strong>the</strong> community<br />

and result<strong>in</strong>g <strong>in</strong> <strong>the</strong> impris<strong>on</strong>ment of disadvantaged pers<strong>on</strong>s.<br />

6.150 The Service is also resp<strong>on</strong>sible for writ<strong>in</strong>g pre-sentence assessment reports to assist judges<br />

and magistrates <strong>in</strong> determ<strong>in</strong><strong>in</strong>g appropriate sentences. The number of reports prepared for<br />

<strong>the</strong> Courts system has <strong>in</strong>creased from 17,931 <strong>in</strong> 1995/96 to 23,824 <strong>in</strong> 1999/00. 185<br />

6.151 Dur<strong>in</strong>g <strong>the</strong> Budget Estimates 2001, <strong>the</strong> M<strong>in</strong>ister for Corrective Services was asked whe<strong>the</strong>r<br />

<strong>the</strong> Department of Corrective Services had or planned to have a measure of how often<br />

recommendati<strong>on</strong>s by Parole Service to divert offenders from custody were accepted by <strong>the</strong><br />

Courts. He advised that <strong>the</strong> Department did not plan to <strong>in</strong>troduce such a measure, because<br />

“all sentenc<strong>in</strong>g opti<strong>on</strong>s are canvassed <strong>in</strong> <strong>the</strong> reports.” 186<br />

6.152 A measure of <strong>the</strong> effectiveness <strong>in</strong> promot<strong>in</strong>g <strong>the</strong> diversi<strong>on</strong> of offenders from full time<br />

custody should be developed s<strong>in</strong>ce this purpose is <strong>on</strong>e of <strong>the</strong> major reas<strong>on</strong>s that <strong>the</strong> reports<br />

are prepared and provided. In <strong>the</strong> same Resp<strong>on</strong>se to Questi<strong>on</strong>s <strong>on</strong> Notice, <strong>the</strong> M<strong>in</strong>ister<br />

also advised that <strong>the</strong> Court Advice Program is currently be<strong>in</strong>g reviewed. The <str<strong>on</strong>g>Committee</str<strong>on</strong>g><br />

looks forward to <strong>the</strong> review of <strong>the</strong> Advice program be<strong>in</strong>g published.<br />

183 Department of Corrective Services Submissi<strong>on</strong> 63 p106. Similar comments were made by an officer of <strong>the</strong><br />

Graft<strong>on</strong> Probati<strong>on</strong> and Parole Service, Mr Ozols dur<strong>in</strong>g <strong>the</strong> hear<strong>in</strong>g c<strong>on</strong>ducted at Graft<strong>on</strong> Gaol, 29 March<br />

2000, pages 39-50, and to <strong>the</strong> Chair by staff of <strong>the</strong> Campbelltown Probati<strong>on</strong> and Parole Service dur<strong>in</strong>g a visit<br />

<strong>the</strong>re <strong>on</strong> 7 September 2001 at which no transcript was taken.<br />

184 McD<strong>on</strong>ald Evidence 28 March 2000 p 48.<br />

185 Department of Corrective Services, Annual <strong>Report</strong> 1999/00 p 24.<br />

186 Resp<strong>on</strong>se to Questi<strong>on</strong>s <strong>on</strong> Notice dur<strong>in</strong>g Budget Estimates for GPSC No3 by <strong>the</strong> M<strong>in</strong>ister for Corrective<br />

Services, p58.<br />

102 F<strong>in</strong>al <strong>Report</strong> - November 2001

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