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International Corrections

& Prisons Association

Edition #1-2016

The views and opinions expressed by the contributing authors are not necessarily those of the
editor or review board and do not necessarily reflect the views or policies of the International
Corrections and Prisons Association. Authors are solely responsible for the content of their
articles.
Cover Page: Group Photo taken at ICPA 17th AGM and Conference, Melbourne, Australia, Oct 2015

Copyright International Corrections and Prisons Association 2016

ADVANCING CORRECTIONS JOURNAL:


EDITION#1-2016
EDITOR: Dr. Frank J. Porporino, Chairperson, ICPA Research & Development
Expert Group

EDITORIAL REVIEW BOARD:


FROM THE ICPA RESEARCH & DEVELOPMENT EXPERT GROUP
Dr. Hennie Bruyns

Associate Professor, Namibia University of Science and


Technology

Dr. Heng Choon (Oliver) Chan

Assistant Professor of Criminology, City University of Hong


Kong

Dr. John Gannon

Executive Director, International Association for Correctional


and Forensic Psychology

Dr. Elizabeth Grant

University of Adelaide & Visiting Scholar University of


Cambridge

Terry Hackett

Warden Pacific Institution, Correctional Service Canada

Dr. Rohan Lulham

Designing Out Crime Research Centre, University of


Technology Sydney, Australia

Dr. Willem F.M. Luyt

College of Law, University of South Africa

John MacAllister

Principal, Director of Justice Consulting, HDR, USA

Dr. Tina Maschi

Associate Professor, Fordham University, USA

Dr. Toon Molleman

Custodial Institutions Agency, Netherlands

Dr. Larry Motiuk

Assistant Commissioner Policy, Correctional Service Canada

Dr. Henry Pharo

Director Offender Rehabilitation Services, South Australia

Martin Schnteich

Senior Legal Officer, National Criminal Justice Reform, Open


Society Justice Initiative

Dr. Stefan Schulz

Associate Professor, Namibia University of Science and


Technology

Karam Singh

Deputy Director, Psychological & Correctional Rehabilitation


Division, Singapore Prison Service

Justin Trounson

Centre for Forensic Behavioural Science, Swinburne University


of Technology, Victoria

Dr. John Winterdyk

Professor, Mount Royal University, Canada

FROM THE ICPA BOARD


Nathee Chitsawang

Executive Director, Thai Institute for Justice, Thailand

Robert T. Goble

ICPA Treasurer, USA

Peter van der Sande

ICPA President, Netherlands

Dr. Gabriela Slovkov

ICPA Board Member, Czech Republic

Diane Williams

ICPA Board Member, USA

CO N T E N TS
EDITORIAL
ADVANCING CORRECTIONS: SHAPING PRACTICE THROUGH EVIDENCE

PAGE
Frank J. Porporino

7-10

FEATURED RESEARCH ARTICLES


THE RISK OF A COLD CONSERVATISM IN CORRECTIONAL FACILITY

Rohan Lulham, Douglas Tomkin, Luke

DESIGN: THE CASE FOR DESIGN INNOVATION (33,404)

Grant & Yvonne Jewkes

DESIGNING CARCERAL ENVIRONMENTS FOR INDIGENOUS PRISONERS: A

Elizabeth Grant

26-47

Martin Schnteich

48-55

Justin S. Trounson & Jeffrey E. Pfeifer

56-64

Helen Farley & Anne Pike

65-73

Karam Singh & Salina Samion

74-80

Yilma Woldgabreal & Andrew Day

81-88

WIDENING THE SCOPE OF THE PRINCIPLE OF NORMALITY (13,123)

Marianne Vollan

90-94

IMPLEMENTING HUMAN RIGHTS IN PRISONS (16,665)

Bronwyn Naylor

95-100

INVESTIGATION INTO THE REHABILITATION AND REINTEGRATION OF

Deborah Glass

101-104

RADICALIZATION: AN EXISTENTIAL THREAT (33,404)

Rupali Jeswal

105-120

JUST OPEN THE DOOR SOLITARY CONFINEMENT REFORM IN

Rick Raemisch

121-123

Michael Leung Chung-Chee

125-130

Virginia Leung Wai-Chong

131-137

12-25

COMPARISON OF APPROACHES IN AUSTRALIA, CANADA, NEW ZEALAND,


THE US AND GREENLAND (48,449)
MANAGING RISK THROUGH RATIONAL PRETRIAL DETENTION PRACTICES
(16,880)
PROMOTING CORRECTIONAL OFFICER WELLBEING: GUIDELINES AND
SUGGESTIONS FOR DEVELOPING PSYCHOLOGICAL TRAINING PROGRAMS
(26,558)
ENGAGING PRISONERS IN EDUCATION: REDUCING RISK AND RECIDIVISM
(20,761)
OPERATIONALIZING EVIDENCE-INFORMED PRINCIPLES IN REDUCING
RECIDIVISM AMONGST HIGH-RISK OFFENDERS IN SINGAPORE (15,135)
THE ROLE OF POSITIVE PSYCHOLOGY IN OFFENDER SUPERVISION
(16,766)

ISSUES IN CORRECTIONS: VIEWS AND COMMENTARIES

PRISONERS IN VICTORIA (7,808)

COLORADO (8,034)

PRACTICE INNOVATION IN CORRECTIONS: THE HONG


KONG DEPARTMENT OF CORRECTIONAL SERVICES
MANAGING SPECIAL NEEDS OFFENDERS IN PRISONS AND THE
COMMUNITY (15,998)
LEADING CHANGE IN CONTEMPORARY CORRECTIONAL SYSTEMS
PRIORITISING HUMAN RESOURCE MANAGEMENT (16,190)

Editorial

PRESIDENTS FOREWORD
As President of ICPA, it is a great honour and a pleasure for me to introduce this ICPA Journal on
Advancing Corrections to the reader. The ICPA Board and its Expert Group
on Research and Development have had in mind to launch such a Journal
for some time - and now we are proud to present it to the correctional
community worldwide.
As an Association, we are fundamentally convinced of the importance of
sharing practice-based knowledge as widely as possible. It is at the very
heart of the existence of ICPA; it is our mission to promote and share
ethical and effective correctional practices to enhance public safety and
healthier communities worldwide. ICPA strives to contribute substance
and meaning to the world of corrections and prisons and find the minds
and hearts of the people, from the ambition to be the recognized leader
for the advancement of professional and humane corrections and prisons,
to contribute to providing solutions for preventing people from offending and from going into prison,
to teach correctional professionals how best to treat and manage prisoners and offenders and exprisoners in the community. The work is designed to be relevant for all correctional professionals
irrespective of their geographical, linguistic, political and economic divide.
With the introduction of this Journal on Advancing Corrections, we hope and trust that we will
strengthen further the co-operation in the field of corrections and prisons. Respect for evidence is
a hallmark of the ICPA and the Journal is also dedicated to give more weight to that: to disseminate
research-informed correctional knowledge and promote its application for the advancement
of professional and humane corrections and prisons worldwide. To support the correctional
professionals in their work firmly, to establish collaborative partnerships and garner greater support
and involvement from the academic and scientific research communities, and to contribute to rational,
informed and well-balanced correctional policies alike. The Journal discourse will serve the interests
and quality of correctional work and correctional workers.
This Journal strives to be complementary to the existing Journals and the literature in the field of
corrections and prisons, academically and practice-based. Its surplus value is seen to be the widely
experience-based knowledge and understanding of the field, principally worldwide, sustained by
an enthusiastic Association with grand Annual Conferences and Events, Expert Groups, online
communities and more.
I hope the reader will enjoy the content of this Journal. And I trust that it will enable you further to
share good practices and experiences on a wider scale, at home and internationally, and that it will
enrich your work.
I would like to thank everyone who has delivered a contribution to the creation of this journal, in
particular Frank Porporino, who was from the very beginning the great animator.

Advancing Corrections Journal: Edition #1-2016

May this Journal be granted a long and sparkling life! The best chances are that this will be so with
the support and active involvement of its readers.
On behalf of the ICPA Board,
Peter van der Sande,
President of ICPA

Editorial

ADVANCING CORRECTIONS: SHAPING PRACTICE THROUGH EVIDENCE


Dr. Frank J. Porporino, Chairperson, ICPA Research & Development Group
As Editor of this first issue of Advancing Corrections, I want to take a few pages to outline the
rationale for its inception. Corrections is both a noble and incredibly challenging vocation. For most
corrections professionals, regardless of their rank or scope of responsibilities, there is rarely a
dull issue to contend with or a dull moment to cope with. Looking back over more than 40 years,
my own career feels more like a 100-yard dash than a lengthy marathon. Corrections has a way of
getting into your lifeblood. It stretches and strains, engages and commits the efforts of hundreds of
thousands of corrections professionals worldwide to find ways of delivering quality services in often
very difficult circumstances. Quite persistently, corrections is also pushed and pulled in different
directions, at different times, often for reasons that are more political or ideological than informed
by evidence. Corrections professionals accept this. Over the last several decades, in many countries,
they have grown accustomed to the pendulum swing towards greater conservatism, a hardening of
public attitudes, less reliance on community options, growing rates of incarceration, longer sentences,
and diminishing resources to manage the increasing numbers of mentally disordered, drug addicted,
defiant, disturbed, and disadvantaged offenders.
But the field of corrections is not all doom and gloom. It is also witnessing a growing globalization
where the insularity of borders and boundaries is disappearing and an exciting cross-fertilization
of ideas and practices is occurring internationally. Developed and developing nations are learning
from each other. The best in staff training and development is being shared and effective programs
and interventions are being adapted and fine-tuned to suit different cultural contexts. As all of
this unfolds, the place for old ideas is being contested vigorously in jurisdiction after jurisdiction
(e.g., Is segregation really necessary to manage prisoners? Does the pre-trial detention of so many
individuals make sense? Do prisons have to be ugly to be effective and safe?). And new ideas are
being embraced enthusiastically (e.g., gender-sensitive approaches for female offenders; community
partnerships as a core feature of reintegration strategies; new technologies to give offenders more
choice and more access to education, family, leisure and self-development; innovative treatment of the
drug addicted and the mentally ill etc.). The private sector is being more openly welcomed because
innovation and efficiency should be respected regardless of where it originates. In short, a global and
interconnected corrections community is taking shape and the face of corrections is changing quickly
worldwide as a consequence.
There are many organizations, associations and governmental and non-governmental agencies that
are at the forefront of this globalization UNODC, UNDPKO, ICRC, Prison Fellowship International,
Penal Reform International, the Centre for Criminal Policy Research and World Prison Brief, EuroPris,
the CEP, the Asian & Pacific Conference of Correctional Administrators, UNAFEI, the Thai Institute
of Justice, the American Correctional Association, and many others that could be mentioned. But
the one association that I am especially proud to be a part of is the International Corrections and
Prisons Association (ICPA). Originally spearheaded with the vision of a Danish born Commissioner
of Corrections from Canada, and gaining strong momentum from a small group of other pioneering
visionaries from around the world, the little idea to help foster a more professional and humane
corrections worldwide has matured into a recognized international association that is able to attract
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Advancing Corrections Journal: Edition #1-2016

hundreds of delegates from some 60 countries at its Annual Conference, now approaching its 18th
year.
The ICPA Annual Conference has become the singular gathering place for the global corrections
community where some of the most important current and emerging issues in the field are debated. It
is now an event that many corrections professionals look forward to in order to connect, learn, share
and get re-invigorated. But conferences end, and conference presentations are typically remembered
in the general and not much in the details. There is a role as well for calm reflection after careful
reading of well presented, logically argued ideas on paper (or now more often on the computer
screen). And this brings me to welcoming you to this first issue of the ICPA Journal Advancing
Corrections, a new initiative for ICPA that is consistent with its avowed objective of embracing
evidence to support change to help lead change in corrections more based on data and facts rather
than just ideology and opinion?
Advancing Corrections will be a peer-reviewed publication that provides an interdisciplinary and
international forum for the dissemination of new research, policies and practices related to advancing
professional corrections worldwide. The aim is to provide an opportunity for both researchers and
practitioners from a wide range of disciplines (criminal justice, psychology, sociology, political science,
economics, public health, and social work) to publish papers that examine issues from a variety of
perspectives in a unique, interdisciplinary forum. Advancing Corrections is intended to fill the need
for researchers to speak more clearly to practitioners and practitioners to speak in a more evidenceinformed way to their colleagues.
A major disconnect in the field is that what we know is published mostly in academic journals, read
mostly by other academics and researchers. But evidence is of little value unless it is understood
and put into action. What we know has difficulty becoming what we do if it cant be easily digested
and appreciated by practitioners, managers, policy-makers and other corrections professionals.
Respect for evidence is a hallmark of the ICPA and Advancing Corrections will hopefully become a
practitioner-oriented journal that is found regularly on the desks (or computer screens) of corrections
professionals from around the world.
This first issue of Advancing Corrections is divided into three sections. It includes seven Featured
Articles papers that are more research oriented and scholarly in style, including the usual practice
of referencing the relevant literature. The papers deal with very different aspects of service delivery
in corrections but they each push us to think differently about we do and how or why we do it.
In the lead paper, Dr. Rohan Lulham and his colleagues argue eloquently against the Cold
Conservatism in correctional facility design, making the point that rather than reserving our few
nicer prison environments as a reward for offenders who are well behaved, design of all prison
environments should be seen as a means of supporting offenders to engage and move towards
thinking about their futures differently. Can ugliness and austerity in living conditions motivate
anyone to find and express their better self? This theme continues and is expanded with a challenge
put forward by Dr. Elizabeth Grant to create prison environments that are less dispiriting, and more
accommodating and respectful of the traditions and cultural practices of indigenous prisoners. In
a wonderfully thoughtful and thorough tour dhorizon of current practice in five countries, she
8

Editorial

manages to help the reader become a mini-expert on the topic of carceral environments for indigenous
prisoners. Martin Schonteich, a Senior Legal Officer with the Open Society Justice Initiative, has
worked tirelessly with his colleagues over the last number of years to raise awareness about, and to
help create options to deal with, the well-known problem of over-reliance on pre-trial detention a
practice gone wild in many parts of the world. Martin gives us a full view of the scope of the problem,
the difficulties it creates, and the alternatives we could put in place if there was more resolve to
change our practice as usual. Justin Trounson and Jeffrey Pfeifer turn our attention to the other side
to the well being of the front-line correctional officer who has to negotiate relentlessly perhaps one
of the most demanding and unappreciated roles in the field of human service delivery. As researchers,
they offer a set of evidence-informed guidelines that shows a refreshing sensitivity to meeting
the needs of these front-line staff. As they note, programs should be designed that are not only
responsive to the diverse needs of staff but that are also both relevant and palatable.
Turning again to service delivery for offenders, Helen Farley and Anne Pike give us a convincing set
of arguments for engaging prisoners in education a long standing and well accepted intervention
for offenders that has perhaps never been taken as seriously, or embraced as broadly, as it should.
They argue, quite interestingly, that new digital technologies can allow for both more access and
greater engagement, thereby perhaps allowing corrections to finally realize the full potential of
education as a beneficial intervention. One of the most significant challenges in implementation of
evidence-informed practice is to avoid the pitfalls of borrowing and tacking on strategies or new
approaches that are not properly adapted to the different cultural and social context. Karam Singh
and Salina Samion outline how the Singapore Prison Service has operationalized, and appropriately
modified and extended, the well-respected RNR framework so that it is now a distinctive Singaporean
initiative. And finally, the last paper in the Featured Articles section is unique in a number of respects.
Yilma Woldgabreal and Andrew Day summarize a research study which suggests that at least as
important as contending with key criminogenic risk and needs factors of offenders under community
supervision is the effort to promote positive psychological states -- optimism, hope, self-efficacy,
and psychological flexibility. This is an important, non-traditional line of research within the emerging
strengths-based desistance framework that has the potential to significantly shake up our views
about how to case-manage offenders while under community supervision. It implores us to re-visit
our too often formulaic approaches for providing offenders support and assistance.

A second section of this first issue of Advancing Correction is titled Views and Commentaries to
reflect the fact that the papers are more discussions of a particular issue/topic that is on the top
of the mind of corrections professionals. This is an attempt to pay homage not just to evidencebased practice but also to practice-based evidence. A breadth of topics is covered in the five papers
in this section. Marianne Vollan, as Director General of the Norwegian Correctional Service, asks and
answers a penetrating question; whether correctional services can accommodate the management
of violent extremists in a way that remains consistent with the core principle of normality. Bronwyn
Naylor, an Australian lawyer and academic, reviews the relevant human rights principles, laws, rules
and covenants that should guide international practice in the recognition and respect of the human
rights of prisoners, just as we do for all citizens. In her capacity as Ombudsman for the state of
Victoria in Australia, Deborah Glass gives her forthright impression of the progress made to date, but
also the challenges remaining in developing a more whole-government approach for the rehabilitation
and reintegration of prisoners in Victoria. An internationally recognized expert on radicalization,
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Advancing Corrections Journal: Edition #1-2016

Dr. Rupali Jeswal, provides us with a courageous, thorough, and particularly well informed analysis
of the emergence of the radicalization problem its origins and causes, and how it is fueled and
sustained. Though sometimes disturbing to process, her paper gives the reader a penetrating look
at how extremist groups function and operate, both in the community at large and in prisons, preying
to recruit their members by giving them new purpose and meaning that can sustain their loyalty
and fuel their commitment to violent action. And finally in the section, as one of the most respected
senior corrections administrators in the US who has boldly gone where others have hesitated, Rick
Raemisch, the Executive Director of the Colorado Department of Corrections, gives us a brief account
of solitary confinement reform in Colorado. It is both a powerful and personal message underscoring
that in corrections we should feel compelled to do things right, but also to do the right things.
The final section of this first issue of Advancing Corrections is devoted to Practice Innovation -- giving
us an opportunity to profile what is going on in a given agency/jurisdiction that might be of interest
broadly to others. In this instance, we highlight two major, leading-edge initiatives from the Hong
Kong Correctional Services Department (HKCSD). Michael Leung Chung-chee gives us an overview of
the variety of approaches and programs put in place for their special needs offenders, not just within
their prison environments but also through mobilizing appropriate community resources. Arguing
that attending to the well-being and commitment of staff has generalized benefits for the effective
functioning of any correctional system, Virginia Leung Wai-chong describes the multi-faceted human
resource strategy that the HKCSD has embraced. One cant but be impressed by the breadth of
efforts made by the HKDCS to innovate towards excellence.
I hope sincerely that this first issue of Advancing Corrections gives something to think about to most,
or at least a little to some. I would be remiss if I did not extend a special thanks to the members of the
Editorial Review Board for this issue, a mix of members of the ICPA Research & Development Expert
Group and a few select ICPA Board members. It was heartening to get such an enthusiastic response
to my call for volunteers to review and comment on submitted manuscripts. The process may have
stretched and strained some authors, but there was general consensus that the review process was
also helpful in improving papers yet another example of the global corrections community working
together.
I need to thank as well, Tineke De Waele, ICPA Executive Director, and Fraser Bryans, ICPA Business
Manager, for their early, committed and continued support in realizing this new ICPA initiative.
It has been a privilege for me to edit this first issue of Advancing Corrections. I welcome your reaction
and comments and I ask that you consider making your own contribution in the future. I am confident
that the ICPA global corrections community can sustain production of a practitioner-oriented journal
that we can all be proud of.

10

Advancing Corrections Journal


FEATURED RESEARCH
ARTICLES

Advancing Corrections Journal: Edition #1-2016

THE RISK OF A COLD CONSERVATISM IN CORRECTIONAL FACILITY DESIGN: THE


CASE FOR DESIGN INNOVATION
Dr. Rohan Lulham1
University of Technology Sydney, Australia
Douglas Tomkin2
University of Technology Sydney, Australia
Luke Grant3
Corrective Services NSW
Professor Yvonne Jewkes4
University of Brighton, UK

Abstract
This paper examines the relationship between physical design and risk within modern correctional
practice. It seeks to identify the potential risks and paradoxes of the current emphasis on considering
correctional design primarily as a means of reducing security risks. We suggest that innovation in
correctional design is required that embeds meanings that both support the goals of security risk
management, but also the goals of reducing reoffending risk and promoting desistance. Drawing on a
case study of the design and evaluation of a correctional education facility, we contend that innovative
correctional design more broadly can be a stronger force for managing risk to promote desistance in
corrections.

Designing Out Crime research centre, University of Technology Sydney, UTS Building 15, Level 2, 622-632 Harris St, Ultimo

Designing Out Crime research centre, University of Technology Sydney UTS Building 15, Level 2, 622-632 Harris St, Ultimo

Corrective Services NSW, Department of Justice 20 Lee Street Sydney 2000 Australia; Luke.grant@dcs.nsw.gov.au

Research Professor in Criminology School of Applied Social Science, University of Brighton, Mayfield House, Falmer,

NSW 2007 Australia; rohan.lulham@uts.edu.au

NSW 2007 Australia douglas.tomkin@uts.edu.au

Brighton UK BN1 9PH; Y.Jewkes@brighton.ac.uk

12

Article 1: The Risk of a Cold Conservatism in Correctional Facility Design:


the Case for Design Innovation
Introduction
In an article on risk and correctional practice Clear and Cadora (2001) state a cold conservatism
permeates the approach to risk management in modern corrections. This is no more clearly evident
than in the physical design of modern correctional facilities. Typical modern correctional facilities
such as those shown in Figures 1 and 2, present a cold, clinical, nearly anesthetizing aesthetic (Jewkes,
2012; Jewkes & Johnston, 2007). Their design is dominated by the restrictive opportunity reduction
approaches of target hardening, access control and surveillance (Wortley, 2002). The design literally
dictates that static security measures are the primary means of managing behavior - diminishing the
requirement for the establishment of social relationships and responsibility to guide more positive
behavior. Notions of human rights can be seemingly absent from the design, lost in a particular
ideological approach to managing security risks.
Fig 2

Fig 1

Figure 1-2: Typical accommodation units in a modern correctional facility

Within the correctional literature, however, there is increasing recognition that the design of
correctional facilities communicates meanings related to social impressions (Wener, 2012; Wortley,
2002) and behavioral expectations (Fairweather, 2000; Lulham, 2007; Fairweather, 2000; Lulham,
2007), both positive and negative. Wener (2012, p. 252) states that in correctional settings: The
impact of the appearance of the setting is immediate and global in nature. When people enter a new
place, they pull from it an immediate sense of the situation, provided by physical cues but interpreted
through their own cultural history. The effects are not just limited to the behavior of inmates but
also (just as importantly) the impressions and behavior of staff (Lulham, 2007; Zimbardo, 2007).
Evidence is mounting both within correctional facilities (Beijersbergen, Dirkzwager, van der Laan, &
Nieuwbeerta, 2014; Grant & Jewkes, 2015; Wener, 2012) and in other institutional settings (Thompson,
Robinson, Dietrich, Farris, & Sinclair, 1996a, 1996b; Thompson, Robinson, Graff, & Ingenmey, 1990) that
physical design that is residential, as opposed to institutional, is associated with more positive (and
less anti-social) behavior.
The modern, conservative correctional facility, while designed around a premise of reducing
opportunities for negative behavior, may through other means actually be creating conditions that
support negative behavior. Wortleys (2002, p. 58) situational prison control framework outlines a
range of precipitating strategies that seek to minimize negative behavior with those specifically
related to physical design including:
controlling prompts and setting positive expectations through domestic quality furnishing that
confer trust
reducing anonymity through small prison size
personalizing victims through humane conditions
13

Advancing Corrections Journal: Edition #1-2016

enabling a positive sense of community through ownership and personalization of the space
reducing provocation and stress by designing the capacity to enact control over environmental
conditions and personal space
The typical modern correctional facility, described previously, in many respects represents the
antithesis to each of the above strategies. Design is institutional, confers mistrust, depersonalizes and
promotes anonymity through scale and appearance. The ability to personalize space, have ownership
and enact personal control is purposefully absent. As such, if Wortleys framework is to be followed,
there are clearly negative ramifications of this conservation design approach for managing difficult
behavior. Further, it is also evident that it creates a space antithetical to notions of rehabilitation
and desistance. It defines prisoners as the dangerous offender (McGregor, 2014) and offers few
opportunities for developing or occupying identities inconsistent with a criminal future (Paternoster
& Bushway, 2009). We contend there are risks associated with continuing the cold conservatism
approach to correctional design it is embedding particular practices and meanings that may be
seriously limiting correctional administrators capacity to achieve the objective of safety, security and
desistance. There is a need to consider alternative approaches to correctional design and practice that
better enable administrators to manage risks (Awofeso, 2011; Davis et al., 2014; Grant & Jewkes, 2015;
Jackson et al., 2015; OBrien, 2010). We suggest there is a need for innovation the development of
new perspectives to guide practice and design in correctional centres.
Transformative innovation the creation of new meaning
Quite separate, but resonating with this research on correctional design and meaning (Wener, 2012)
is the emerging body of literature in organizational studies, business and design on the nature
of innovation (Dorst, 2015; Thurgood & Lulham, Forthcoming; Verganti, 2009). In this literature
innovation is often considered as either incremental or transformative. Put simply incremental
innovation is doing what is presently done better, while transformative innovation is doing things
differently so what is achieved, or the purpose, also changes. This literature suggests that
fundamental to transformative innovation is the creation of new meanings or frames that transform
opportunities (Verganti, 2009; Dorst, 2015). Rather than new technology or resources per se, it is the
creation of new meanings that is the source of the innovation. New technology or resources may make
a particular innovation possible, but without the creation of new meanings the technology itself will
not result in transformative innovation.
Verganti (2009) often explains this using the example of the iPod. When the iPod was released it was
not the first or best example of music player technology on the market other products had better
hardware and more options. But through embedding new meaning into the product and integrating
it with the iTunes music libraries, the iPod was not just a music player, it was a new type of personal
consumer device: your personal music collection, accessible anywhere and instantly through iTunes.
The innovation was in creating and embedding new meaning into the design of the product, not in the
technology of the music player itself.
We contend the situation is similar with innovation in correctional design. What is required for
transformative innovation is the consideration of what new meanings and frames we want embedded
within the correctional environment. As such, there are real risks in equating technology with
innovation. New technology, while it will undoubtedly have large impacts on correctional practice
14

Article 1: The Risk of a Cold Conservatism in Correctional Facility Design:


the Case for Design Innovation
in the years ahead, is not in itself going to lead to transformative change in correctional design and
practice. Any new correctional technology can just as easily be used to maintain the status quo (doing
what we do slightly better) as it can be used for innovation. We suggest what is needed for innovation
in correctional design is the creation of new frames that transform how people relate and how the
security, safety and desistence objectives of corrections are achieved.
Exploring meaning in innovative correctional design a methodology & outline
In the next section we explicitly explore this proposition by examining a correctional design project
that is presented as innovative in terms of its physical design, and how it intends to achieve the
objectives of security, safety and desistence. The project is a new Intensive Learning Centre (ILC) in
a maximum-security correctional facility in NSW, Australia. Three of the authors (Lulham, Tomkin,
Grant) were involved in both the concept design and subsequent post occupancy evaluation of this
facility. In support of its innovative design is its selection as a featured project on the OECD Database
of Best Practices in Educational Facilities Investment, its nomination for an International Corrections
and Prison Association award in 2014, and it being the subject of a number of media reports (see
http://designingoutcrime.com/project/csi-intensive-learning-centres/).
Our examination of the project is based primarily on information from the Intensive Learning Centre
concept report (Bradley, Munro, Lulham, Tomkin, & Klippan, 2012) and the Intensive Learning Centre
building evaluation report (Lulham, Munro, Bradley, & Tomkin, 2015), with versions approved for
public release available online (http://designingoutcrime.com/project/csi-intensive-learning-centres/).
The Intensive Learning Centre building evaluation was undertaken in February 2015, approximately
one year after the facility was opened and is a comprehensive study of the functional performance
of the Intensive Learning Centre facility. In brief, the study involved conducting surveys with 33
inmate learners and 6 educators, semi-structured interviews with ten learners, all the educators,
correctional staff and management, and separate learner and educator focus groups. The formal
survey instrument was an adapted version of a post-occupancy evaluation tool for assessing user
experiences of innovative educational buildings (OECD Centre for Effective Learning Environments,
2009), with additional items added to assess correctional specific issues. In addition to this survey,
inmate learners also completed the ESSEN social climate survey that assesses perceptions of safety,
inmate cohesion and staff hold (therapeutic support) (Day & Casey, Forthcoming; Day, Casey, Vess, &
Huisy, 2012).
This project examination is structured around three sub-sections. The first provides some background
and a brief description of the Intensive Learning Centre and its design. In the second section we
identify the new frame and associated new meanings around which the facility was designed. In
this discussion a frame is conceptualized as a more overarching concept or perspective of how the
situation is viewed, while meanings are more specific purposes or themes relating to the frame
(Dorst, 2015; Goffman, 1974). In the last subsection, we first recap the argument presented in this
paper, and then examine how the ILC is performing with regard to the management of risk and the
objectives of safety, security and desistance. The paper concludes with a discussion of the potential
implications and opportunities of considering correctional design in terms beyond security risk
management.

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Intensive Learning Centre, Mid North Coast Correctional Centre, NSW Australia
Background and description
The Intensive Learning Centre is a recent design and construction project at Mid North Coast
Correctional Centre in NSW, Australia. In partnership with Corrective Services NSW, the University
of Technology Sydney design team utilized a collaborative Codesign approach to work closely
with educators, correctional officers, management and inmates. The facility is a purpose-designed
prototype facility that seeks to support an intensive 21st century education program in a maximumsecurity prison. It is a correctional design project where, in addition to safety and security
considerations, one of the explicit intentions in the design and operation of the facility was to support
inmate learners desisting from crime.
The Intensive Learning Centre program operates with cohorts of up to 40 inmate learners who
participate in fulltime, intensive education for six to nine months. The program targets young, highrisk inmates with all learners working towards graduating with a nationally recognized certificate
in general education (literacy and numeracy). To engage inmate learners (many who have had poor
previous education experiences in and out of custody), the ILC educators utilize modern, collaborative
teaching techniques that leverage new technology. 88Drawing on the literature on education,
recidivism and desistance (MacKenzie, 2009; McGregor, 2015; Paternoster & Bushway, 2009), the
ultimate goal of the intensive education program is to open up opportunities for the young men in the
program to reconsider themselves and a non-offending future in the community.
Fig 3
Figure 3: Architectural plan of the Intensive Learning Centre

Opened in April 2014, the Intensive Learning Centre prototype facility is situated between two typical
modern correctional accommodation pods within the maximum-security prison (see Figure 3). The
facility consists of four classrooms, a kitchen/amenity block, educator office, a library and landscaped
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the Case for Design Innovation
outdoor areas. Timber hardwood decking creates a central communal area linking the classrooms,
amenities block and educators office. Between the central area and the library is a cultural yarning
circle and gardens with native plantings (see Figure 4). Running around the perimeter of the facility
is a walking track. The buildings are all constructed from prefabricated modules made by inmates
in Correctional Service Industries in other NSW prisons and transported to the Mid North Coast
correctional facility. Similarly, Correctional Service Industries made 80 per cent of the cabinetry and
furnishings. At a total project cost of 1.6 million Australian dollars (US $1.13 million) the facility is not
expensive in comparison to other correctional education facilities in NSW prisons. Further information
about the ILC design project can be found online http://designingoutcrime.com/project/csi-intensivelearning-centres/
Fig 4b

Fig 4a
Fig 4c

Figure 4a, b, c: Main communal area, classroom and yarning circle

Frame and meaning analysis


The key overarching frame for the design of the intensive learning centre was
creating supportive therapeutic learning communities. The fundamental elements of this frame
were specified in the original design brief (McGregor, 2012) and then further developed and articulated
in the design process and associated report. Tasman Munro, an industrial designer on the project,
conceptualized the different communities as concentric circles with the boundaries as opportunities
rather than barriers for creating connections between communities (and individuals) at different levels
(Bradley et al., 2012). Using this framing device shown in Figure 5, the design challenge was then
conceived as how can design both enable the creation of supportive learning communities and the
vital connections between these communities?
For education within a maximum-security prison, the frame of creating supportive therapeutic
learning communities was innovative because it evoked new meanings about what, how and why
education is being provided in the Intensive Learning Centres. In so doing it provided a basis for an
innovative design approach. Four of these new meanings are now briefly discussed.

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Fig 5


Figure 5: Creating supportive therapeutic learning communities at multiple scales

a different place where inmates feel and are safe to learn


Framing the Intensive Learning Centre as a supportive therapeutic learning community suggested
a place that was different to other educational facilities within the prison system. Indeed, it was
inferring a program and environment different to the typical education facility in the community. There
was an emphasis on the therapeutic element and the associated need to feel safe. For prisoners, as for
most people, the prison aesthetic of hard surfaces, prominent access control and minimalist fixtures
is associated with feeling unsafe (Wener, 2012). As shown in the finishes pallet in Figure 6 and the
images of the ILC facility in Figure 4, one of the design approaches here was to use materials, scale
and finishes that contrasted with the broader prison environment, being more familiar, optimistic and
respectful. In support of the communication of this meaning, an ILC educator stated in the evaluation;
it is a safe, supportive learning environment. And I think thats the most important environment we
can create for them.
Fig 6
Figure 6: Conceptual theme board to guide selection of materials and finishes

situate inmates in the role of adult learner


A clear intention for the Intensive Learning Centre was to provide inmates with the opportunity
to occupy and embrace the non-offending identity of adult learner. Important to providing this
opportunity was both the language and behaviors of staff, but also the meanings afforded by
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the Case for Design Innovation
the design of the Intensive Learning Centre. The ILC facility is purposefully an adult, educational
space in terms of amenity and appearance. Typically education facilities in prisons look more like a
1980s primary school. In the ILC the desks are large providing a generous personal working space
for learners. The design also offers and requests respect through the use of a variety of finishes,
residential fixtures and outdoor spaces that are places to enjoy and reflect. As adult learners in the
ILC, the behavioral expectations, work ethic and social interactions expected of inmates in the space
are quite different and beyond those of most other spaces within the prison. Many inmate learners
in the evaluation expressed that the ILC didnt feel like school but I feel like I am at TAFE (tertiary
education institution) or university or something. Its good.
engagement in learning 21st century skills
While a catch phrase, the emphasis around learning 21st century skills signaled the ILC as a place
where the social, collaborative, problem solving skills and Information and Communication Technology
(ICT) literacy required by todays employers was integral to the learning program. This was a major
shift in what, how and why education was being delivered. It enabled Architect Kevin Bradley to
explore Stephen Heppells work on the creative classroom, embedding flexibility, technology and
multiple points of focus (see www.heppell.net). The furnishing provided opportunities for learners
to create groups at multiple scales, moving desks together or occupying quiet areas. Inmates
overwhelmingly liked the desks that were an unusual shape with a curved front edge. One learner
commented, Theyre weird, but they work. Its not like a plain old table. The Smartboards with
access to the Internet for educators created additional modes on learning with one learner stating,
Smart boards are great, googling ideas for truths of subjects, research or interests.
Fig 7
Figure 7. Learners collaborating with an educator around some math problems using the interactive smart board

empower learners to reconsider themselves, their opportunities and futures in the community
Supporting the desistance process is a fundamental aspect of the ILC program. Through the intensive
development of knowledge and skills in a supportive environment the program seeks to provoke and
empower learners to reconsider who they are and who they could be. In this way the design of the
ILC facility needed to promote reflection about life beyond the prison walls. The landscaped gardens
with natural plantings, views to the tree line beyond the walls, the metaphor of the curved roof and
the creation of quiet places such as the yarning circle were all ways to support reflection. One of the
most common remarks by learners was that it does not feel like youre in prison with a possible
inference being I dont feel like a criminal when in the ILC. While they are all very much in prison,
the capacity of the designed environment to promote learners to imagine not being in prison, and
occupying non-offending identities, potentially underlies a powerful desistance process.

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Managing risks - safety, security and promoting desistance


The physical design of the Intensive Learning Centre is clearly different and innovative for an
education facility in a maximum-security prison. We have demonstrated that underlying this
Fig 8
Figure 8. View from the classroom to the tree line beyond the perimeter fence

innovation in design was a new perspective and meanings associated with the frame of creating
supportive therapeutic learning communities. At the start of this paper we also discussed the
growing body of research that suggests the meanings imbued in the physical design of a correctional
facility impacts on peoples experiences and expectations in prison, supporting negative and positive
behavior. It is evident that the ILC facility incorporates many of Wortleys (2002) previously discussed
precipitating strategies for promoting positive and controlling negative behavior in prisons (see page
3[will need to change once pagination sorted]). We also suggested that taking a different, innovative
approach to the framing of practice and the physical design of correctional facilities may better
enable the management of safety, security and re-offending risks. As such, we conclude this analysis
by briefly reflecting on how the ILC is performing with regard to safety, security and the promotion of
desistance, drawing on the findings from the building evaluation.
Safety: A number of measures were used to assess performance related to safety in the ILC. In terms
of official recorded incidents, there were no recorded reports of physical violence between inmates, or
between inmates and staff, in the first year of operation. For comparison, anecdotally it was estimated
there would be 1-2 incidents of physical violence per month in the accommodation unit where the
learners all reside. Sixty-nine percent of learners agreed with a survey question regarding feeling
safe in the ILC (22% disagreed), while 75% of staff agreed with the statement regarding feeling safe
and no staff disagreed. Safety was also assessed through the ESSEN social climate scale where for
the ILC inmate sample the average score on the safety dimension (ranging from 1-safest to 20-unsafe)
was 6.03, indicating high levels of perceived safety. For comparison, the authors had previously used
the scale in a number of vocational industries in NSW prisons where the averages were 12.7, 13.4 and
10.3. Using unofficial Australian normative data based on a sample of 132 prisoners collected by the
Australian researchers involved in the development of the scales (Day & Casey, Forthcoming), the ILC
mean score is equivalent to the top 10% (safest) inmate respondents.
Security: There were no reported incidents of escape, or attempted escape, related to the ILC facility.
In interviewing the range of staff involved in the ILC, no incidents were identified where weapons,
or materials associated with making weapons, had been found on inmate learners or within the ILC
grounds. Incidents relating to the transfer or use of drugs were reported in the ILC, with a two-month
period being particularly problematic. Security staff indicated they found it relatively easy within the
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the Case for Design Innovation
ILC environment to identify the main inmate learners behind the drug issues and ultimately resolve the
issue by removing them from the ILC. It was noted that the drug transfer issue could in part be due to
the positioning of the ILC between two accommodation pods. When the correctional centre managers
were asked in interviews about security in the ILC, none of the four managers identified the facility
or its design as a security issue. One manager stated in response to a question relating to security;
Overall, Ive got no issue with the design or the layout .. Its a positive place - architecturally theres
a good vibe out in there. It is also relevant that one of the ILC correctional officers whose role is
essentially around security and movements in the ILC stated that the best way for them to maintain
security was to manage inmates so we keep them in a frame of mind where they can learn. This is
a major departure from how security staff would typically see their role in a correctional educational
environment.
Desistence: The objective of promoting desistence was assessed by examining whether inmate
learners exhibited changes known to be associated with desistance including skill development
(MacKenzie, 2009), changes in attitude and social skills (MacKenzie, 2009), and changes in identity
and how they view themselves (Paternoster & Bushway, 2009). In terms of skills development, the
supportive and intense ILC program did appear related to high achievement. One educator stated
that when working in general prison education for six months, typically two or three inmates
would gain certificates. In the ILC each six months at least seven out of the ten inmate learners in a
class will obtain a nationally recognized certificate. Another educator stated a view that ninety per
cent of inmates changed substantially in their attitude and how they related socially while in the
program. The educator attributed it to the quality of relationships educators can form with inmates
in an intensive six-month program, and also that inmates (often with limited prior education), find
knowledge empowering. In terms of the design of the facility, 72% of learners agreed that the design
of the ILC facility made learning easier, while 80% of teachers agreed the design made it easier to be
an effective teacher and engage inmates. Finally, in Table 1 we provide the written responses of the
twelve learners in the first ILC class to the question how I think I have changed in the ILC. While
responses differ substantially, underlying each response appears to be a sense of achievement and a
fundamental change in how they view their own capabilities.
Fig 9

Figure 9. A learner at the third ILC graduation ceremony with their certificate of attainment

Table 1: Written responses of the twelve learners in the first ILC cohort to the question how I think
I have changed in the ILC
Well I think I have made some achievable goals. Set my mind on things for the future. Has
changed my headspace very positive. L1
I know a few things now. My mind feels fresh. Want to tackle new goals. L2
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I am interested more in education and learning with whatever I can and I now have some sort
of sense of achievement. Im more positive as a person instead of negative yards or slave labor
workshops. L3
Better educated and more of a thinker. PS. And to have everyone in the class on the same level.
L4
Use of handwriting for the first time in a very long time. Improved art skills. Refocussed and
enjoying simple things, and maths etc. Enjoy some homework to keep active. I AM READING
LOTS OF BOOKS! L5
Ive got a better understanding of how to use a computer witch is good. L6
I learnt how to be good and spell better and my times tables. L7
Well this place is improving my life heaps and it makes me feel like Im not in here. I feel like Im
at Tafe or something. L8
It has helped me become a bit more patient with things. L9
I have lert to think and more it is a good program. L10
Im in a better mood each morning. And I look forward to learn more. L11
My reading and writing is a lot better and now I write more letters home. Were as before I didnt
write letter at all. L12
Summary
The ILC building evaluation data provides initial evidence to support that the ILC program is effectively
managing risk, and meeting its objectives around safety, security and desistance. It does, however,
need to be acknowledged that most of the data are self-report measures and the research design
did not involve comparisons with other similar control facilities. Other programmatic, design or
contextual elements not described in this paper could also be leading to the positive outcomes. To
substantiate these findings there is a need for studies with a greater range of measures that use
experimental or quasi-experimental research strategies. Withstanding these shortcomings, we
contend the evidence presented here and available in the associated report suggests the ILC is doing
as well, if not substantially better, than most educational programs in maximum-security correctional
facilities.
Conclusions
Underlying the majority of modern correctional design is a cold conservatism where physical
design is increasingly being used to try and mitigate or reduce security risks in new prisons, and
manage emerging risks in existing prisons. We argue, however, that this focus on reducing security
risks through physical design measures invariably results in a stark, minimalist and paradoxically
problematic prison environments (Wener, 2012). While there is a seductive logic for using restrictive
physical measures to solve complex security problems, the evidence for their effectiveness is less
than compelling (Wortley, 2002). We argue there is a need for innovation in correction design and we
suggest administrators looking for such innovation first need to consider the framing of their practice.
The Intensive Learning Centre project at Mid North Coast Correctional facility provides a compelling
case for this approach where a new framing of practice is embedded in the design of the facility.
Although the ILC is an educational facility, we contend a design innovation approach can and does
underlie innovative correctional design for an entire prison. In the ICPA conference presentation
related to this paper, we examined some of the literature on Norways Halden prison and sought to
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the Case for Design Innovation
demonstrate that underlying its widely recognized innovative design is a new framing of correctional
practice (Adams, 2010; Benko, 2015; Gentleman, 2012). Based on this literature we suggested that
underlying the Halden facility is a clear articulation that a common humanity must exist within,
as is beyond, the prison wall (Benko, 2015). There is recognition that all prisoners will eventually
be someones neighbors in the community. As such, driving many aspects of the physical design
of Halden prison is that the prison needs to enable inmates to be good neighbors and this is best
achieved in an environment closely resembling the community (Adams, 2010; Gentleman, 2012). We
contend that there is a close relationship between the framing of Halden prison, its physical design
and performance with regard to safety, security and desistance objectives. Additional research
investigating these relationships in Halden prison, Tarragon in Spain, Leoben prison in Austria and
other prisons regarded as innovative, and also in typical conservative modern prisons, could be
valuable to the correctional design field and to furthering the propositions in this paper.
Fundamental to the correctional design approach advocated in this paper is bringing to the foreground
considerations relating to supporting inmate desistance and reducing risks of reoffending. In the last
two decades in many jurisdictions internationally significant rethinking and substantial investment
has occurred in programming (i.e., psychosocial interventions) and supervision practices to reduce
re-offending risk. By and large, however, there has not been a corresponding rethinking or investment
in how prisons are designed. We think this is a major oversight that may be limiting correctional
organizations in meeting their objectives. Hillary Cottoms 2005 views on the shortcoming of public
sector design resonate with this situation The failure to compute the emotional, social and therefore
economic benefits that accrue from good design has led to procurement processes which exclude the
real experiences and needs of the people who will use the buildings, objects and experiences that are
designed.
Finally, in this paper we contend that administrators looking for innovations in correctional design
first need to consider the framing of their practice. It is through the reframing of practices that
opportunities for innovative correctional design are created where new meaning can be embedded into
the facility. Utilizing the leadership and knowledge of correctional administrators and their staff, we
contend there is real value in explicitly incorporating a process of reconsidering practice in the design
process for any new prison. In this regard we concur with Wener (2012, pg. 7),
The bricks and mortar, glass and steel, cameras and screens of the institution may be the
embodiment of a philosophy of corrections, and the design process can be the wedge that forces
the system to think through its approach and review, restate, or redevelop its philosophy of criminal
justice.

LIST OF REFERENCES
Adams, W. L. (2010, Monday, May 10, 2010). Norway Builds the Worlds Most Humane Prison. Time
Magazine. Retrieved from http://content.time.com/time/magazine/article/0,9171,1986002,00.html
Awofeso, N. (2011). Disciplinary architecture: Prison design and prisoners health. Hektoen
International: A Journal of Medical Humanities, 3(1).
Beijersbergen, K. A., Dirkzwager, A. J. E., van der Laan, P. H., & Nieuwbeerta, P. (2014). A Social Building?
Prison Architecture and StaffPrisoner Relationships. Crime & Delinquency, 0011128714530657.
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Benko, J. (2015). The Radical Humaneness of Norways Halden Prison. New York Times.
Bradley, K., Munro, T., Lulham, R. A., Tomkin, D., & Klippan, L. (2012). Intensive Learning Centre concept
report Design Out Crime research centre at UTS and Corrective Services NSW collaboration
project. Sydney: University of Technology Sydney.
Clear, T. R., & Cadora, E. (2001). Risk and correctional practice. In K. Stenson & R. Sullivan (Eds.), Crime,
risk and justice: The politics of crime control in liberal democracies (pp. 51). New York: Routledge.
Davis, L. M., Steele, J. L., Bozick, R., Williams, M. V., Turner, S., Miles, J. N. V., . . . Steinberg, P. S. (2014).
How Effective Is Correctional Education, and Where Do We Go from Here? The Results of a
Comprehensive Evaluation: Rand Corporation.
Day, A., & Casey, S. (Forthcoming). The EssenCES in Prison Settings. In N. Schalast & M. Tonkin (Eds.),
The Essen Climate Evaluation Schema EssenCES: A Manual and More: Hogrefe
Day, A., Casey, S., Vess, J., & Huisy, G. (2012). Assessing the therapeutic climate of prisons. Criminal
justice and behavior, 39(2), 156-168.
Dorst, K. (2015). Frame innovation: Create new thinking by design: MIT Press.
Fairweather, L. (2000). Does design matter? In S. McConville & L. Fairweather (Eds.), Prison
architecture: policy, design, and experience (pp. 61-67). Boston: Architectural Press.
Gentleman, A. (2012). Inside Halden, the most humane prison in the world. The Guardian. http://www.
theguardian.com/society/2012/may/18/halden-most-humane-prison-in-world
Goffman, E. (1974). Frame analysis: An essay on the organization of experience: Harvard University
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Grant, E., & Jewkes, Y. (2015). Finally Fit for Purpose The Evolution of Australian Prison Architecture.
The Prison Journal, 0032885515575274.
Jackson, B. A., Russo, J., Hollywood, J. S., Woods, D., Silberglitt, R., Drake, G. B., . . . Zaydman, M. (2015).
Fostering innovation in community and institutional corrections: Identifying high-priority
technology and other needs for the US corrections sector: Rand Corporation.
Jewkes, Y. (2012). Aesthetics and An-aesthetics: The Architecture of Incarceration Research. In L.
Cheliotis (Ed.), The Arts of Imprisonment: Essays on Control, Resistance and Empowerment:
Ashgate.
Jewkes, Y., & Johnston, H. (2007). The evolution of prison architecture. Handbook on prisons, 174.
Lulham, R. A. (2007). Applying Affect Control Theory to Physical Settings: An Investigation of Design
in Juvenile Detention Centres. (Doctor of Philosphy ), University of Sydney, Sydney.
Lulham, R. A., Munro, T., Bradley, K., & Tomkin, D. (2015). Intensive Learning Centre Building Evaluation
Design Out Crime research centre and Corrective Services NSW Collaboration project. Sydney:
University of Technology Sydney
MacKenzie, d. (2009). What works in correctional education? Paper presented at the Australian
Correctional Education Association Conference Corrections Education and the Dynamics of
Community Reintegration, Perth.
McGregor, F. (2012). Intensive Learning Centre design brief. Corrective Services NSW. Sydney.
McGregor, F. (2015). Learning to Desist: re-evaluating prison educations relationship from crime.
Paper presented at the The 12th Biennial ACEA conference, The Pen, the Hammer or the Mouse?
What Works for Correctional Education and Training in the 21st Century, Hobart.
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OECD Centre for Effective Learning Environments (2009) International pilot study on the evaluation
of quality in educational spaces (EQES) User Manual. OECD, Paris. Accessed online 2 March
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the Case for Design Innovation
2013 at http://www.oecd.org/edu/innovation-education/evaluatingqualityineducationalfacilities.
htm
Paternoster, R., & Bushway, S. (2009). Desistance and the feared self: Toward an identity theory of
criminal desistance. The Journal of Criminal Law and Criminology, 1103-1156.
Thompson, T., Robinson, J., Dietrich, M., Farris, M., & Sinclair, V. (1996a). Architectural features and
perceptions of community residences for people with mental retardation. American Journal on
Mental Retardation, 101(3), 292-313.
Thompson, T., Robinson, J., Dietrich, M., Farris, M., & Sinclair, V. (1996b). Interdependence of
architectural features and program variables in community residences for people with mental
retardation. American Journal on Mental Retardation, 101(3), 315-327.
Thompson, T., Robinson, J., Graff, M., & Ingenmey, R. (1990). Home-like archi-tectural features of
residential environments. American Journal on Mental Retardation, 95(3), 328-341.
Thurgood, C., & Lulham, R. A. (Forthcoming). Framing and innovation of meaning: Exploring changes of
meaning throughout the design process. Paper presented at the 50th Biennial Conference of the
Design Research Society, Bristol.
Verganti, R. (2009). Design driven innovation. Harvard Business School Press, Boston.
Wener, R. (2012). The environmental psychology of prisons and jails: Creating humane spaces in
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Acknowledgements
The authors would like to acknowledge the contributions of the many involved in the Intensive
Learning Centre project including Kevin Bradley (Architect), Tasman Munro (Industrial Designer),
Fiona McGregor (Project lead CSNSW), Anthony Becker (Principle AEVTI, CSNSW), Jeremy Hildreth
(Corrective Service Industries) and the staff, learners and management at Mid North Coast
Correctional Centre. Thanks also to the reviewers for their very useful comments and suggestions.

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DESIGNING CARCERAL ENVIRONMENTS FOR INDIGENOUS PRISONERS: A


COMPARISON OF APPROACHES IN AUSTRALIA, CANADA, AOTEAROA NEW
ZEALAND, THE US AND GREENLAND (KALAALLIT NUNAAT)
Dr. Elizabeth Grant1
The University of Adelaide, Australia

Abstract
The high incarceration rate of people from Indigenous cultures is a worldwide phenomenon.
Disproportionately high numbers of Indigenous people are confined in prisons as a legacy of forced
colonisation. There is a capacity for the design of prison facilities to have an impact on the prisoners
experiences and outcomes. This paper will examine some trends and recent projects in the design
of prison facilities for Indigenous prisoners in the US, Canada, Australia, Aotearoa New Zealand and
Greenland (Kalaallit Nunaat). It reflects on the important considerations and summarises eight key
considerations for the design of carceral environments for Indigenous peoples.

Email: elizabeth.grant@adelaide.edu.au

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Article 2: Designing Carceral Environments for Indigenous Prisoners: A Comparison of


Approaches in Australia, Canada, Aotearoa New Zealand, the US and Greenland
Introduction
Individuals outside the western domicilary tradition may differ in the ways they react to
environmental factors such as isolation (Reser 1989; Grant and Memmott 2008) crowding (Grant
and Memmott 2008; Memmott et al. 2012), light (Grant 2009; 2009a) and sound. Individuals may
also need connections to the external environment and to be located in a place where they have
cultural attachments and access to kin in order to sustain mental and physical health and feelings of
well-being (Grant 2009). People from some cultures often also have obligations to observe certain
behaviours (such as the avoidance of certain family members), or to perform ceremonies that require
specific structures. Prisons are regimented environments (see, for example, Toch 2013) which are
often inflexible to the needs of different cultural groups (Grant 2009). Surviving in the prison can
be challenging in itself but the struggle is compounded when one is denied religious and personal
freedoms, has different cultural traditions, social norms and domiciliary practices and is denied access
to family, community and country.
The high incarceration rate of people from Indigenous cultures is a world-wide phenomenon. Prison
overrepresentation rates are just one indicator of the dysfunction that forced colonisation leaves in
its wake. The growing number of Indigenous people in prison systems around the world is of concern.
In short, and put simply, the experience of prison may cause immeasurable distress and damage
to the individual, families and communities and perpetuate an intergenerational cycle of excessive
contact with the criminal justice system (see, for example, Commonwealth of Australia 1991; Quince
2007; Blagg 2008). While the primary concern should be to reduce the number of Indigenous people
entering prison systems, it is also important to reduce the negative impacts of prison experiences for
Indigenous people and protect peoples fundamental human rights.
This paper examines the manner in which various countries have sought to provide facilities in
attempts to meet the varying environmental and cultural needs of Indigenous people within their
prison systems. Recent research in behavioural design, drawing from architectural, anthropological
and psychological considerations of the cultural context of various groups of Indigenous people,
empirical studies, coronial inquiries, legal cases and other factors have fed into the recent approaches
to design of custodial environments for Indigenous prisoners. Much of the work fits within Barkers
theoretical framework of behavior settings (1968)1 following the model that assumes meeting the
(socio-spatial and cultural) needs of the individual leads to reduced stress and greater outcomes2. A
number of developments are based on the premise that cultural identity is fundamental to Indigenous
health and wellbeing (see for example, Richmond et al. 2008; Kirmayer et al. 2003) ascertaining
cultural identity can be increased through incorporating appropriate cultural references into the
architecture, management and programs of the prison. Many countries are also aware of their
obligations under the charter of the United Nations Declaration on the Rights of Indigenous Peoples
(2006) and increasingly acknowledge that Indigenous peoples have the right to self-determination,
recognising correctional agencies must develop respect for Indigenous knowledge, cultures
and traditional practices and allow Indigenous peoples to pursue economic, social and cultural
development within prison settings.

Barkers behavior setting theory examines the interplay between environmental attributes (such as spatial behaviour,

There have been no post occupancy evaluations to assess the success of such approaches.

physical boundaries, structures, meanings and controls) and settings to fulfil human needs.

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This paper outlines recent developments in tribal jails on reserves and the incorporation of
ethnoarchitectural forms3 into mainstream prisons for spiritual observance by Native American
prisoners in the United States. These experiences are contrasted to the experiences of constructing
healing lodges and other dedicated Aboriginal facilities in Canada. Australian experiences have been
different and this paper outlines the various approaches including the recent construction of a prison
to meet the needs of Aboriginal prisoners in the Western Australia. In response to the large numbers
of Mori imprisoned, Aotearoa New Zealand developed the concept of Mori Focus Units, built on the
premise that increased cultural knowledge reduces the criminal behaviour. The Mori Focus Units
and Pacific Islander Units present unique responses to incarcerating Indigenous prisoners. Finally,
the chapter outlines the establishment of a prison in Greenland to respond to needs of the Kalaallit
peoples.
THE UNITED STATES OF AMERICA
The 2012 census recorded a population of 2.5 million Native Americans4 and it is estimated that more
First Nations people are incarcerated relative to population size than any other ethnic group in the
United States5. The US has an array of places to detain people. There are jails and prisons run by
local jurisdictions (cities or counties) that house convicted people awaiting trial and serving short
sentences. Prisons or penitentiaries are run by states or the federal government and house prisoners
serving longer sentences. There are also jails and prisons on reservations and in overseas territories,
most of which are administered by different entities. Native American people have a lengthy history
of successful ligation for the right to religious and cultural freedoms while incarcerated (see, for
example, Grobsmith 1994; Holscher 1992; Cooper 1995; Davies & Clow 2009; Foster 2010) some which
emphasize prisoners access to sweat lodges. Few facilities have been designed to accommodate the
varying environmental needs of Native American prisoners. The existence of tribal jails does, however,
provide some autonomy to First Nations in the manner in which they incarcerate community members
and designs for new justice centers are beginning to incorporate signs and symbols into the designs
to enculturate the environment.
Tribal Jails
A little over one million Native Americans reside on the self-governing reservations throughout the US
(Norris et al 2012). Separate tribal legal structures have been established to allow reservations selfdetermination and the creation of tribal jails allows members to be housed within or close to their
home community. Across the US there are 79 detention facilities operated by tribal authorities or by
the Bureau of Indian Affairs (Minton 2013).
In 2004, a review of 27 tribal jails highlighted numerous cases of prisoner neglect and abuse,
overcrowding, decrepit, substandard and unsafe conditions in tribal jails (United States Department
of the Interior, Office of Inspector General 2004). In 2010, the Tribal Law and Order Act was
enacted providing the basis for funding for the renovation of existing jails and construction of new
facilities. From 2007 2014 the renovation or construction of new facilities for the incarceration
and rehabilitation of adult offenders subject to tribal jurisdiction has occurred in 80 locations (US
3

Forms from vernacular architectural traditions.

The US census uses self-identification to means of measuring people as Native American, Aleut or Inuit-Yupik (Gardiner

A number of US States do not record the ethnicity of prisoners.

Garden 2002).

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Department of Justice 2014)6.
New facilities must comply with the Core Jail Standards (see American Correctional Association 2010)
and US disability and safety requirements (Department of the Interior, Indian Affairs 2015: 378). The
design of new tribal jails has mirrored aspects of secure mainstream custodial facilities using the
concepts of unit management and podular design (see Grant and Jewkes 2015: 5-6) as the basis of
design. Many of the new adult jails are designed with cells around a day room with fixed furniture with
an officer station. The tribal jails are typically situated within a justice centre which may house other
functions such as court, police and allied activities.
Fig. 1.
Figure 1: Tuba City Corrections Center, Navajo Nation, Arizona. Photograph: JCJ Architecture.

Some Indigenous Nations are recognising that the use of features such as colours and circular spaces
to reflect local cultures can enculturate the justice environment and provide positive messaging
(Bureau of Justice Assistance 2009). The use of the medicine wheel7 (and the use of significant
colours such as red, yellow, black and white) and other pan-Indian symbols have been incorporated
into the design of a number of facilities. Depending on the Nation, tribal jails may have sweat lodges8
within the grounds. In other circumstances, tribal courts may issue temporary releases for prisoners
to participate in sweat lodges and other ceremonies under escort in the community (Luna-Firebaugh
2003).
Mainstream Prisons
Most Native Americans do not live on reservations. In 2010, 92 percent of First Nations peoples lived
outside of Native American and Alaska Native designated areas (Norris et al 2012). The freedom
to observe the religion of ones choice is the inherent right of all Americans (Solove 1996) and
6

There has been some criticism that some of the new tribal prisons are being built with capacities higher than required.
In particular, it is stated that the tribal jails at Tuba City and Kayenta (Arizona) were constructed with capacities at least
250 percent larger than needed. In Tuba City, NDPS constructed a 132-bed corrections facility although the 2007 master
plan called for building a 48-bed prison. In Kayenta, an 80-bed corrections facility was built although the master plan
stated a need for a 32-bed facility (U.S. Department of Justice 2015). The excessive size of both facilities creates increased
operational and staffing costs.

The Medicine Wheel symbolises the balance between mind, body, emotion and spirit, and the centre, is the spiritual axis
of the four cardinal points. In many Native American cultures its meaning stresses the importance of unity, reciprocity and
social interaction.

Sweat lodges are a salient feature of some Native American cultures. The structures are constructed with a rounded roof
and a single entryway facing either west or east. The dome-like shape of sweat lodges which is pervasive across a number
of First Nations is intricately and uniquely significant for different communities.

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U.S. prisons are required to accommodate religious beliefs under legislation9. Prisoners religious
freedoms, however, are often tempered by budgetary shortfalls, detention philosophies and security
concerns (Grant 2016).
Most Native American prisoners are imprisoned in mainstream prisons which make few concessions
for their varying cultural, environmental or socio-spatial needs and there has been little evidence
based research into these. Furthermore, the rise of private prisons has exacerbated cultural
dislocation for many prisoners as multinational corporations locate in the areas with the lowest taxes
and wages and often Native American prisoners are incarcerated hundreds, if not thousands of miles
from their homes and families. Overcrowding is a serious issue in the United States and has a major
impact on living conditions for all prisoners in all States. Modern US prisons are typically designed
under the principles of unit management, most commonly with separate housing units each with a
dayroom and adjoining cells or dormitories. Overcrowding has resulted in many of the dayrooms being
used for prisoner overflow accommodation. Prisons in the US are increasingly becoming more hostile
environments that are regulated with excessive static security measures.
Some US prisons have developed or adopted specific cultural programs for Native American prisoners
and have constructed sweat lodges within the grounds of mainstream prisons to allow ceremonies to
be conducted. While Native American prisoners continue to asset their rights to religious freedoms,
many jurisdictions appear unaware of the central role spirituality plays in the lives of prisoners and
deny access to sweat lodges and religious items (Foster 2010) and little evidence based research has
been conducted to ascertain the environmental needs of Native American prisoners.
Fig. 2
Figure 2: San Quentin Indian Reservation within San Quentin State Prison, California. Photograph: Nancy Mullane.
In 1977 American Native prisoners were allocated a space for worship in the form of a reservation inside the walls
of San Quentin State Prison. The reservation is a 2,500-square- foot fenced area planted with fruit trees, flowers
and herbs located on the edge of the main prison yard. Prisoners with privileges have access to the area one day
each week. Each week the sweat lodge ceremony is conducted with prisoners building the fire to heat the stones,
constructing the dome from metal frame, covering it with grey cloth, shifting hot stones to heat the sweat lodge.
After the ceremony, the sweat lodge is deconstructed to be re-built the following week.

The Religious Land Use and Institutionalized Persons Act, 2000.

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CANADA
Three groups of Aboriginal peoples10: the First Nations11, the Inuit and the Mtis are officially
recognised in Canada. Between and within each group there is considerable linguistic, tribal and
cultural diversity. While Aboriginal people make up about 4 per cent of the Canadian population, in
2013, 23.2 per cent of the federal prisoner population was Aboriginal (First Nation, Mtis or Inuit)12.
The federal prison population consists of a staggering 71 percent First Nations people, 24 percent
Mtis and 5 percent Inuit.
The Canadian experience has involved providing normalised accommodation within healing lodges
which imbue Aboriginality in their design. The healing lodge initiative was in response to the abuse
of women prisoners in the first instance and broadened to cover all Aboriginal prisoners with other
investigations. Despite these initiatives, the majority of Aboriginal prisoners are incarcerated in
mainstream prisons where their environments are the same as other prisoners (although they may
have access to sweat lodges and other structures at various times). To enculturate the carceral
environment, some prisons have been enculturated with Aboriginal signs and symbols (typically
totem poles).
Healing Lodges
In 1990, the report Creating Choices (Task Force for Federally Sentenced Women 1990) recommended
that the needs of women, especially of Aboriginal women must be addressed. The report called for
respectful and dignified prison environments where women could be empowered to make meaningful
and responsible choices. The Native Womens Association of Canada proposed the concept of a
healing lodge. The Healing Lodge concept included services and programs reflecting Aboriginal
culture in spaces that incorporate Aboriginal peoples tradition and beliefs13. In 1992, the Corrections
and Conditional Release Act (CCRA) was revised to state that correctional policies, programs and
practices [must] respect gender, ethnic, cultural and linguistic differences and be responsive to the
special needs of women and Aboriginal peoples14.

10

The Indian Act, 1951 defines an Indian (meaning Native American) by ancestry.

11

This paper uses the terms Aboriginal people, First Peoples and First Nations peoples interchangeably. The descriptor
Indian remains in place as the legal term used in the Canadian Constitution but its usage outside such situations may be
considered offensive.

12

It is commonly held view that the available statistics are an underestimate. Ethnicity is determined by self-identification
and there is a contentious issue of distinguishing between Status and non-Status First Nations, Mtis and Inuit offenders.

13

There is a great diversity between Aboriginal cultures and ceremonies. Waldram (1993) suggests that in the prison
context, people have had to accept that a form of pan-Indianism exists, in which all Aboriginal spirituality traditions
are fundamentally the same, and prison Elders have been forced to enhance the common themes and discredit the
significance of the differences as a means of establishing the common mythical base for spiritual healing to occur (p.
335).

14

Sections 79 to 84 of the CCRA deal with the specifics of Correctional Service Canadas obligations in Aboriginal corrections,
discussing the needs of Aboriginal prisoners, including the implementation of programs, agreements, and parole plans,
the establishment of advisory committees and Aboriginal prisoners access to spiritual leaders and Elders to address the
needs of Aboriginal prisoners. Section 81 states that Correctional Service Canada (CSC) may enter into an agreement with
an Aboriginal community for the provision of correctional services to Aboriginal offenders.

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Canadas first healing lodge15, Okimaw Ohci Healing Lodge in the Nekaneet First Nation, Saskatchewan
opened in 1995. This healing lodge was designated for Aboriginal women with minimum or medium
security ratings. The design of the healing lodge and building departed radically from that of a
traditional prison. The complex is circular with a spiritual lodge where teachings, ceremonies, and
workshops with Elders take place. Okimaw Ohci contains both single and family residential units and
women prisoners may have their children stay with them. Each unit has a bedroom, a bathroom, a
kitchenette dining area and a living room.
Fig. 3
Figure 3: Healing Lodge (meeting and ceremonial area) at Okimaw Ohci, Photograph: Correctional Service, Canada.
The basis of the design of the lodge is the Nekaneet First Nations tipi ethno architectural tradition and the
medicine wheel. The master plan for the facility and individual buildings are circular (with minor adjustments for
functionality). The facility is located near the sacred Thunder Hills of southwest Saskatchewan.

Five healing lodges have since opened across Canada for male Aboriginal offenders. Stan Daniels
Healing Centre (Edmonton, Alberta), the Prince Albert Grand Council Spiritual Healing Lodge (Prince
Albert, Saskatchewan), the O-Chi-Chak-Ko-Sipi Healing Lodge (Crane River, Manitoba), the Waseskun
Healing Lodge (St-Alphonse-Rodriguez, Quebec)16 and the Willow Cree Healing Lodge (Duck Lake,
Saskatchewan) have approximately 110 beds in total for male prisoners.
The Buffalo Sage Wellness House (Edmonton, Alberta) was opened in 2011 as a minimum and medium
security and community residential facility for Aboriginal women on conditional release in the
community (Correctional Service Canada 2013). A further three healing lodges were built. The Okimaw
Ohci Healing Lodge (Maple Creek, Saskatchewan), the P Skstw Centre (Maskwacis, Alberta) and
the Kwkwxwelhp Healing Village (Harrison Mills, British Columbia) are each designed to reflect panIndian world views. Each design incorporates elements associated with undergoing a symbolic healing
journey within the pan-Indian tradition (Waldram 1993; 1997) with symbols such as medicine wheels,
significant colours, symbols and structures such as sweat lodges and tipis incorporated into designs.
The desire for purpose built buildings in rural areas came from the constraints of operating cultural
programs in adapted buildings located in urban areas (i.e. the Stan Daniels Center in Edmonton).
Limiting prisoners access to alcohol and drugs in the urban context were difficult and escapes were
common (Grant 2009). Elders also realised that spiritual healing needed to be done on country and
near sacred country. The healing lodges incorporate normalised self-contained accommodation for
15

Healing lodges operate under two different models. The lodges are either funded and operated by Correctional Services

16

Waseskun Healing Centre operates as a half-way house.

Canada or funded by CSC and managed by a partner organisation under a Section 81 agreement.

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prisoners with individual bedrooms, kitchen and living areas.
Fig. 4.
Figure 4: P Skstw Centre, Alberta. Photograph: Correctional Service, Canada. The Centre was designed
consultation with Samson Cree Elders. The architecture symbolises the Aboriginal view of the world, with each
of the six yellow buildings a tall, conical shape and the group arranged in a large circle on the 40-acre site. Bright
primary colours herald Aboriginal ancestry, as does the eagle tail entrance to the main programming building.

Mainstream Prisons
Aboriginal offenders are more likely to have served previous sentences, are incarcerated more often
for violent offences and frequently have gang affiliations (Mann 2009). Many Aboriginal offenders
are unable to be accommodated in healing lodges or other minimum security institutions and end up
in mainstream prisons due to their security ratings. Some Aboriginal offenders are unfamiliar with
the cultural background of the pan-Indian tradition and are unwilling to go through the education
necessary to engage in healing lodges programs (Waldram 1997 p. 345).
Aboriginal people entering the prison system are typically incarcerated in mainstream facilities. At
most medium and minimum security prisons, there are concerted (although not consistent) attempts
to provide facilities for spiritual observance. Sweat lodges and tipis are constructed most prisons and
participation in ceremonies provides Aboriginal prisoners with diversions and escape from the highly
secure hardened and regimented prison environments. The ability of Aboriginal prisoners however
to perform cultural obligations is not a right and varies from prison to prison. The isolated location
of many prisons has an impact on the level of contact Aboriginal prisoners have with their families.
Prisons are typically located in areas poorly serviced by public transport which makes maintaining
family and community contact difficult.
Fig. 5.
Figure 5: Tipi and Sweat Lodge, North Bay Jail, Ontario. Photograph: Diane Tregunna

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The Correctional Investigator for Canada reports that the number of Aboriginal people imprisoned
has increased 43 per cent in the last five years (Mas 2013). Since 1960, most provincial and municipal
prisons and jails (the majority of them predating the First World War) have been replaced by new
institutions. Canadian prisons designed with Auburn-styled rows of inside cells have been abandoned
for campus layouts with separate housing units. Larger numbers of offenders are being sentenced to
federal custody to serve longer sentences and as prisons have become more crowded, they become
more violent and volatile places. In some cases, security at formerly campus style prisons have been
tightened to accommodate growing numbers of young (often gang affiliated) offenders convicted
of violent crimes (see Grant 2009). In many cases, additional layers of static security and restricted
regimes have been put in place to restrict movement and contact between prisoners.
The majority of the correctional efforts in Canada have been at developing women focused and
minimum and medium security environments such as healing lodges and other entities. While this
may be a crucial factor in rehabilitation, access to healing lodges and certain cultural initiatives is
limited for many Aboriginal prisoners due to the violent nature of their crimes.
AUSTRALIA
Aboriginal and Torres Strait Islander peoples17 currently make up three per cent of the total
Australian population (Australian Bureau of Statistics 2012), while constituting 27 per cent of the
total Australian prison population18. Growing numbers of Aboriginal people in Australian prisons are
a legacy of former government policies (such as forced resettlement, dispossession of land, removal
of children and the undermining of Aboriginal social structures). Australian Aboriginal people live in
a variety of circumstances, from residing in urban settings to pursuing traditional lifestyles in remote
communities. There are commonalities between different Aboriginal groups. Family and kin lie at the
core of Aboriginal life and is often the only constant in the lives of Aboriginal people. People generally
live with or within close proximity of their extended family and maintaining connections to ones
country19 is vitally important for well-being for most Aboriginal people.
The landmark Royal Commission into Aboriginal Deaths in Custody (19871991) stated that there
...are important cultural differences between Aboriginal and non-Aboriginal detainees for which
accommodation can, and should be made in the context of custodial procedures and cell design
(Commonwealth of Australia 1991 p. 230). As a result of evidence based research, government reports
and first-hand experience, some correctional agencies have attempted to create prison environments
to better meet the diverse cultural, environmental and criminological needs of Indigenous prisoners
(Grant 2009a; 2016).
17

In Australia, an Aboriginal or Torres Strait Islander person is defined as a person ...of Aboriginal or Torres Strait Islander
ancestry who identifies himself or herself as an Aboriginal person or Torres Strait Islander and is accepted as an
indigenous person by members of the indigenous community Aboriginal and Torres Strait Islander Commission (Regional
Council Election) Amendment Rules 2002.

18

There are variations between the number of Aboriginal prisoners in various states and territories, for example in the
Northern Territory, 86 per cent of the prison population is identified as being of Aboriginal or Torres Strait Islander descent
(Australian Bureau of Statistics 2013).

19

The notion of country is complex and does not just refer to a geographical location or physical features. Country
includes all living things and incorporates people, plants and animals and embraces the seasons, stories and creation
spirits. Country is both a place of belonging and a way of believing.

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Cultural Areas and Spaces


Some prisons have incorporated separate outdoor areas for cultural gatherings including building fire
pits for the preparation and cooking of traditional foods. One of the major issues facing Aboriginal
prisoners is the inability to fulfil cultural obligations by attending family and community funerals.
In response, a number of correctional agencies have constructed small shelters to allow prisoners
to gather and grieve. The Department of Corrective Services, New South Wales moved beyond
developing meeting places to establishing a learning and cultural centre outside the walls of the
Bathurst Gaol. Girrawaa Creative Works Centres design was derived from the lace monitor, the totem
of the local Wiradjuri people. The site features a mens meeting area abstracted from a traditional
ceremony to achieve manhood and provides a hub for a diverse range of creative endeavours (Grant
2014; 2015).

Fig. 6

Work Camps
Work camps are seen as a way of increasing employment skills, providing meaningful work in a
comparatively normalised environment. Camps are generally well suited to Aboriginal offenders
who may struggle to cope with imprisonment in standard custodial environments. Correctional
agencies with larger Indigenous prison populations have established permanent work camps in
regional locations (Grant 2014). Western Australia with the highest rate of Indigenous imprisonment
operates four work camps; the Northern Territory with a high number of Indigenous prisoners has
established two regional work camps while Queensland operates 13 work camps (Grant 2016). In most
states except Western Australia work camps operate out of makeshift or existing facilities. Western
Australia has constructed new purpose built facilities to provide prisoners with acceptable levels of
accommodation. Work camps offer the opportunity to incarcerate Indigenous people close to their
community potentially reducing the distress of being off country (Office of the Inspector of Custodial
Services Western Australia 2008a: 4). There are constraints to the work camp model for Indigenous
prisoners. Unfortunately, many Indigenous prisoners find it difficult to obtain a low security rating
and those who may benefit from being housed in a work camp are often unable to because of their
security rating.

Figure 6: Single room accommodation at purpose-built work camp at Roebourne, Western Australia. Photograph:
Cooper Oxley

Culturally Appropriate Facilities


Other Australian jurisdictions have looked beyond imprisoning Aboriginal people in traditional prison
environments. Developments have included correctional environments that emphasise the acquisition
of work skills and cultural education and are designed to cater for specific groups. In 2000, the New
South Wales Department for Corrective Services opened a separate minimum security facility (Yetta
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Dhinnakkal) for youthful Aboriginal offenders housed on a 10,500 hectare sheep farm (Legislative
Council of New South Wales 2003). Due to the minimum security rating, only certain categories of
prisoners can be placed at the facility. Eight years later, New South Wales opened a second facility to
house first-time youthful Indigenous offenders on a 600 hectare cattle station. The establishment of
Bugilmah Burube Wullinje Balunda addressed a particular issue faced by many Aboriginal offenders,
in that they lack a suitable address while undertaking a community based court order. Bugilmah
Burube Wullinje Balunda has no secure perimeter, is staffed by non-uniformed staff and offers a
range of educational and cultural programs in an attempt to reduce the number of Indigenous men in
prison custody. Such initiatives fill a critical gap in the criminal justice system by allowing offenders
to serve community based orders and similar sentences in relatively normalised environments. In
most instances, offenders housed at such facilities originate from urban areas and for the period of
their sentence they are effectively separated from family and community. While such facilities and
intervention programs may be seen to be more effectively delivered in remote locations, there is a
dichotomy in moving young offenders away from family and kin, existing support mechanisms and off
country (Grant 2016).
A number of prison agencies have focussed on meeting the differing domiciliary and socio-spatial
needs of Aboriginal prisoners. Aboriginal prisoners have been found to be less able to tolerate
isolation than a person of non-Aboriginal descent (Reser 1989: Commonwealth of Australia 1991).
Often Aboriginal prisoners will be housed with other Aboriginal prisoners in shared cells, dormitories
or units (Grant & Memmott 2008). There was an incorrect assumption that Aboriginal people had a
high tolerance for crowding. Research has indicated that Aboriginal prisoners require accommodation
that allows individuals to maintain relationships with family and to live within a specified social
group (generally with other people from the same language group) but overcrowded settings cause
considerable stress to the Aboriginal prisoner (Grant & Memmott 2008).
Regional prison approaches have been devised to cater for needs of Aboriginal prisoners. Western
Australia has instituted a regional prison policy that wherever possible Aboriginal prisoners serve
their sentence near their home country and family and kin to reduce the ...anguish in Aboriginal
prisoners concerns at being held out of their country or under the threat of being sent out of
country (Office of the Inspector of Custodial Services 2008a: 4). The West Kimberley Regional Prison
was devised with this strategy in mind. The prison was designed with community consultation to
incorporate Indigenous prisoners cultural, kinship, family and community responsibilities and spiritual
connections to land. The prison accommodates 120 male and 30 female prisoners of varying security
classifications in separate areas. Accommodation comprises self-care housing units, arranged so that
prisoners can be housed according to family ties or language groupings and aligned in radial manner
to the direction of their home country (Grant 2013a; 2015). Providing normalised self-care cottage
accommodation at West Kimberley Regional Prison was a measure to enhance a prisoners life skills.
Sleeping arrangements in some housing units are flexible and contain both shared and single rooms
and areas for prisoners to sleep outside if they desire.
While there have been a number of initiatives to meet the cultural needs of Aboriginal prisoners, such
developments are not consistent across Australia or even within jurisdictions. For example, while
Western Australia has developed the West Kimberley Prison, some Aboriginal prisoners in the same
state are imprisoned in overcrowded and decrepit conditions often in extreme temperatures (Grant et
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al. 2012; 2016).
Fig. 7
Figure 7: West Kimberley Regional Prison, Western Australia. Photograph: Peter Bennetts. West Kimberley
Regional Prison is designed to house male and female prisoners in self-care units. The 22 houses on site
accommodate 6 to 7 prisoners each and are grouped so that prisoners can be located according to family ties,
language and security rating.

Australian correctional agencies appear to be far more likely to consider the cultural, socio-spatial
needs and spiritual needs of Aboriginal people originating from remote areas rather than those of
Aboriginal people formerly living in urban settings. The importance of being connected to country and
family is paramount to all Aboriginal prisoners regardless of whether people originate from urban,
rural or remote settings. Aboriginal kinship is a cohesive force that binds Aboriginal people together
and provides psychological and emotional support. Denying people access to family and country can
be soul destroying.
AOTEAROA NEW ZEALAND20
There are 17 prisons21 located across Aotearoa New Zealand accommodating over 8,500 sentenced
and remand prisoners (Department of Corrections (Ara Poutama Aotearoa) 2014). Of the 16 facilities,
14 are purpose built for men and three for women. Mori22 make up approximately 15 per cent of
Aotearoa New Zealands population with a higher number of the Mori population living on the
North Island. Mori account for over half of the prison population, with the Mori incarceration
rate being 175 per 100,000 of the adult population compared to the non-Mori incarceration rate of
approximately 100 per 100,000 of the adult population (Department of Corrections (Ara Poutama
Aotearoa) 2014).
Mori Focus Units
In response to the large numbers of Mori imprisoned, Aotearoa New Zealand Corrections developed
the concept of Mori Focus Units. The units are developed on the premise that increased cultural
knowledge will reduce criminal behaviour and operate on Mori principles, with the aim of bringing
about positive changes in offenders attitudes and behaviour (Grant 2009). The first Mori Focus
Unit opened at Hawkes Bay Prison in 1997. Since then, a further four Mori Focus Units have been
established at existing prisons at Waikeria, Tongariro Rangipo, Rimutaka and Wanganui Correctional
Centres. Each Unit is a stand-alone minimum security unit within an existing prison, housing up to 60
20

Aotearoa is the accepted Mori name for New Zealand.

21

A new mens prison at Wiri in Manukau is under planning at the time of writing.

22

The Maori Land Act 1993 defines a Mori as a person of the Mori race of New Zealand or a descendant of any such
person.

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prisoners. The Mori Focus Units are housed in typical prison units (a design idiosyncratic to Aotearoa
New Zealand prisons), where cells and ablution blocks are located around three sides of an open court
yard. The entrance, administration, staff facilities, control room and dining spaces are accommodated
on the fourth side (Grant 2013).
The Mori Focus Units differ in that they have sacred meeting rooms, are enculturated with Mori
signs and symbols and act as keeping houses, stages for cultural performances and environments for
the revival of cultural practice, language and tradition (Grant 2009). There have been subtle changes
to the environment to increase the feeling of living as a whnau (family) within the Mori Focus Units.
The furniture in the dining rooms is arranged so that the group dines together for each meal. Other
areas of the Mori Focus Units are enculturated with artefacts and garden areas where prisoners are
encouraged to cultivate traditional foods.
Fig. 8
Figure 8: Mori Focus Unit. Photograph Elizabeth Grant. The first Mori Focus Unit opened at Hawkes Bay Prison
in 1997. A further four Mori Focus Units have been established at existing prisons at Waikeria, Tongariro Rangipo,
Rimutaka and Wanganui Correctional Centres. Each unit is a stand-alone minimum security unit housing up to 60
prisoners.

Regional Prison Project


Another development in Aotearoa New Zealand prison system has been the implementation of a
Regional Prison Project. Under this program, a number of new prisons were constructed across
Aotearoa New Zealand to provide an increased standard of secure accommodation, to increase
capacity of the prison system and to allow prisoners to be incarcerated closer to home. Northland
Regional Corrections facility was commissioned in 2005, Auckland Regional Womens Corrections
Centre in 2006, the Otago and Spring Hill Corrections Centres (both commissioned in 2007) and the
Kohuora, Auckland South Corrections Centre opened in 2015.
Mori community members were engaged to advise on the cultural elements of the designs and some
projects also engaged Mori architects to lead the consultation processes. The first development to
depart from typical Aotearoa New Zealand prison design was the Aucklands Women Prison.
The Auckland Region Womens Corrections Centre was commissioned in 2006 as Aotearoa New
Zealands first purpose-built womens prison and designed in consultation with local Mori.The facility
is set on a 47 hectare site with 38 buildings. The facility can house 286 women prisoners in various
types of accommodation. High and medium security prisoners are housed in units while minimum
security prisoners are accommodated in living units of 10 beds or self-care four bedroom houses for
mothers with babies. The Auckland Region Womens Corrections Centre builds on the Canadian work
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of normalising prison environments for women. The prison has courtyards and water features outside
interview and visit rooms to reduce stress and increase aesthetic appeal. An innovative colour palette
has been used to soften the prison environment. The prison is designed around a Mori sacred site,
a low lying hill, and is the only known example nationally and internationally where such a site has
been incorporated into a prison. The prisons plan resembles a Sting Ray, the totem of the local Mori
which wraps around the sacred hill. Women with high security needs are housed in secure units on
the outside side of the spine of the Sting Ray. All services are contained within a curved building (the
Sting Rays spine), low and medium security accommodation is sited inside the spine with views of the
sacred hill (Grant 2009). At the centre of the site a Mori meeting house has been built.
Fig. 9
Figure 9: Auckland Region Womens Corrections Facility, Aotearoa New Zealand. Photograph Elizabeth Grant. The
whare hui (meeting house) for the prison in the foreground with the Mori sacred site behind it.

Another project development within the Regional Prison Project was the construction of the Spring
Hill Corrections Centre. The design involved a perimeter fence which follows the contours of the site
and allows prisoners a view to the horizon and two cultural spaces, the Fale (Pacific Islander meeting
house) and a whare hui, the Mori meeting place. The design reconceptualised the Mori Focus Unit
to a new setting. The prison incorporates the first separate unit for prisoners from the Pacific Islands
(Vaka Faaola, Pacific Focus Unit) and a Mori Focus Unit. The Pacific Islander Focus Unit and the Mori
Focus Unit at Spring Hill are 60 bed units built in the form of a figure eight with each unit surrounding
a courtyard area. The entry and secure officer facilities are housed in the intersection of the 8. Each
prisoner has an individual cell fitted with a toilet and wash basin and share shower facilities, dining
and recreational areas. The Vaka Faaola, Pacific Focus Unit houses prisoners from six Pacific nations
(Samoa, Tonga, Cook Islands, Niue, Tokelau and Fiji). Each unit is a blank canvas where staff and
prisoners have been enculturates through cultural programs such as wood carving.
Aotearoa New Zealands most recently built prison, Kohuora, Auckland South Corrections Facility
opened in 2015 is a high security prison includes a cultural centre just outside the gate providing
services for prisoners families. Although some elements of the prison mirror traditional maximum
security design, 10 two-storey blocks of self-care units have been included into the design to provide
prisoners with greater autonomy. A marae-style Whare Manaaki and a circular Fale Pasifika have
also been built on the site.
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While Aotearoa New Zealand has been a pioneer in developing separate minimum and medium
security environments for Mori (and Pacific Islander) prisoners, there are considerable constraints in
Fig. 10.
Figure 10: Pacific Islander Fale Pasifika (meeting house) at Spring Hill Corrections Centre, Aotearoa New Zealand.
Photograph Elizabeth Grant

the model. Since the 1960s, many Mori have joined gangs and sentenced Mori gang affiliates tend
to have high security ratings and may be ineligible or disinclined to be housed in Mori Focus Units.
While the cultural units attempt to reconnect Mori with their families and encourage prisoners to get
back in touch with their cultural ancestry, many Mori prisoners are unwilling to undergo the personal
journey. Few gang members have family contact and re-establishing that bond is not an easy task.
There is also an expectation that prisoners entering Mori and Islander Focus Units remain drug free
and participate in cultural and work programs.
GREENLAND (KALAALLIT NUNAAT)
Greenlands Indigenous peoples who call themselves Kalaallit or Inuit, constitute around 88 per
cent of the Greenlandic population of approximately 56,000 people (Statistics Greenland 2013).
The International Centre for Prison Studies (2012) note the imprisonment rate for Kalaallit was 301
per 100,000 of the adult population. All prisons places in Greenland are open and mixed gender.
The current Nuuk Correction Institution has 60 rooms and most prisoners return home periodically
for weekend visits, may be entitled to holidays and are normally permitted to leave the prison for
activities such as medical appointments, educational purposes and personal circumstances.
Greenland does not have psychiatric treatment facilities or a closed institution. Kalaallit sentenced to
an indeterminate placement are transferred to Copenhagen for psychiatric and psychological care. In
1986, Herstedvester Institution set up a special unit for convicted, non-psychotic23 sentenced Kalaallit.
The unit has 13 mixed gender places. The unit consists of prisoners rooms flanking a central corridor.
There are two kitchens to allow the preparation of traditional Greenlandic food to be prepared in one
area (the unusual smell of some of the traditional foods led to complaints) and a lounge.
The issue of transporting Greenlands serious offenders over 4,000 kilometres to Denmark has
always been problematic. Many prisoners suffer from homesickness and find the separation from
23

Greenlandic forensic prisoners are housed in a dedicated Greenlandic Unit at Risskow Hospital in Aarhus. A small group of
patients were on remand are also held at this unit for assessment or treatment during the court process (Grant 2009a).

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Article 2: Designing Carceral Environments for Indigenous Prisoners: A Comparison of


Approaches in Australia, Canada, Aotearoa New Zealand, the US and Greenland
family very difficult24. As a result, a new prison (Ny Anstalt) with a capacity of 76 places (40 people
within a closed regime), will be constructed in Nuuk by 2018 (Council of Europe 2012), making
it possible for all Kalaallit prisoners currently accommodated in Denmark (Frantzsen 2012) to be
transferred to Greenland.
A design competition for the project was held by the Danish authorities in 2009. The Danish
Ministry of Justice identified that the new prison needed to accommodate the cultural needs of
Kalaallit prisoners stating building structure, aesthetics and materials should reflect the culture and
tradition in Greenland and a high degree of connection between indoor and outdoor environments
together with access to outdoor areas from the living-units (Schmidt Hammer Lassen 2013). Danish
architectural firms, Schmidt Hammer Lassen and Friis and Moltke won the competition with a design
comprising of five residential blocks. The residential units are designed to bring the experience of
natural elements such as day light, snow, ice, rocks, moss and blue sky inside. The common areas
have been designed with natural views. The design attempts to incorporate a judicious blend of
punishment and rehabilitation of prisoners ensuring zero physical and psychological violence to them
(Schmidt Hammer Lassen 2013). The issues of repatriating prisoners currently held in Denmark will
be a sensitive task as many of the prisoners are psychiatrically ill and have been separated from their
homeland for considerable periods of time
CONCLUSION
Indigenous peoples around the world share long and dismal histories of negative interactions with
criminal justice legal systems. The imposition of alien ideologies has resulted in disproportionate
numbers of Indigenous people being incarcerated, often in culturally inappropriate environments.
Some countries with Indigenous prisoners face issues not present in others. The issues of dealing
with gang affiliates in Australia and Greenland are different to the experiences of the US, Aotearoa
New Zealand or Canada. Gang membership is not as widespread among Aboriginal Australians with
the composition and activities of gangs are different. In Greenland, gang membership is virtually nonexistent and the issues of disenfranchised people with violent and potentially dangerous behaviours
in their prison systems are minimal. While all four countries examined here have introduced minimum
and medium security cultural units, for countries with groups of Indigenous gang affiliates, greater
thought should be given to designing maximum security facilities to suit disenfranchised Indigenous
people in a culturally sensitive manner.
Many Indigenous prisoners have excessively high rates of chronic diseases, disabilities and
psychosocial conditions in comparison to the non-Indigenous populations. Imprisonment often
provides Indigenous prisoners an environment to improve their health status, if only for a short
period of time before they return to dysfunctional communities, overcrowded housing and risk-taking
behaviours. Increasingly across the world, Indigenous people with profound or severe physical,
intellectual and cognitive disabilities are being imprisoned (see Australian Broadcasting Commission
2014). Alternative humane secure environments are urgently needed for these people.

24

Most prisoners do not have visitors and miss cultural activities and familiar landscapes Some Kalaallit prisoners do not
speak Danish and communication with Danish correctional staff is difficult.

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The design of different types of Indigenous units has been pioneered in Australia, Aotearoa New
Zealand and Canada. The new prison in Greenland is a noteworthy project. The West Kimberley prison
in Australia and the prison to be constructed in Greenland are significant as the designs take into
account the manner in which people behave within their cultural norms and attempt to integrate this
knowledge into reconceptualising prison accommodation. The healing lodges in Canada and the more
recent Aotearoa New Zealand regional prison projects attempt to provide prisoners with normalised
living environment within the western domiciliary tradition. Many other prisons provide typical prison
accommodation expecting that Indigenous people who may have different cultural and environmental
needs will adapt. This paper highlights the need for more evidence based research and evaluation
regarding the ways prison accommodation can fit with the cultural traditions, social norms and
domiciliary practices of Native Americans and Aboriginal Canadians and the manner in which
various prison environments impact prisoners behaviours and outcomes. Such knowledge would be
particularly beneficial in the US where a number of new tribal jails are being constructed.
Design guidelines can be derived based on international trends which indicate that designs for prisons
for Indigenous people need to consider eight key points:
A connection to community and country when siting,
Fluid connections to exterior environment in all aspects of design,
An environment imbued with Indigeneity,
A capacity for the individual to maintain connections to family and kin (inside and outside the
prison),
A capacity for the individual and group to continue ceremony and cultural practices (including
domilicary and socio-spatial behaviours),
Normalised accommodation which allow the individual to be part of a social and cultural
grouping and develop life skills,
All aspects of the design to meet health and safety needs, and
Avenues to allow effective & culturally appropriate information flows.
It is essential that Indigenous prisoners should be kept as close as possible to their families and
support systems, live in culturally appropriate accommodation with others and allowed to continue
cultural traditions to prevent people from endlessly recycling through prison systems. Shipping
people to faraway prisons that have no vested interest in rehabilitation and the prisoners eventual
return home is a prescription for disaster. It would be far preferable that fewer Indigenous people
ended up in prison or that less damaging alternatives were implemented; however, while various
countries continue to operate in current modes, there is a responsibility to find ways to minimise the
damage prisons do to those incarcerated within them.
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MANAGING RISK THROUGH RATIONAL PRETRIAL DETENTION PRACTICES


Martin Schnteich1
Senior Legal Officer, National Criminal Justice Reform, Open Society Justice
Initiative

Abstract
Prison systems face relatively high, often distinctive, risks and challenges in both confining and
managing pretrial detainee populations. Large pretrial detainee populations undermine key objectives
common to most correctional systems incarcerating and rehabilitating convicted offenders,
enhancing public security, and punishment. Pretrial detention contributes to prison overcrowding, has
a criminogenic effect, and diverts scarce resources from other criminal justice priorities. A number of
legal and policy interventions can reduce the arbitrary and excessive use of pretrial detention and the
risks and burdens this entails for penal systems.

1730 Pennsylvania Ave. NW, Washington DC, 20006, USA; Email: Martin.Schoenteich@opensocietyfoundations.org

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Article 3: Managing Risk through Rational Pretrial Detention Practices

Introduction
Worldwide, almost every third prisoner is a pretrial detainee, awaiting trial or the finalization of their
trial. In some regions, including West Africa, South Asia, and parts of Latin America, the majority of
prisoners are pretrial detainees. In jurisdictions with very different cultural and legal traditions, such
as India, Nigeria, and Paraguay, pretrial detainees comprise in excess of two-thirds of all prisoners
(Walmsley, 2013; Walmsley, 2014). In absolute terms, over three million people are incarcerated as
pretrial detainees globally, with annual pretrial admissions in the region of 15 million individuals
(Schnteich, 2014).
Many detainees spend weeks, months, and even years in detention before their trials are completed
or charges dismissed. Even among Council of Europe countries, whose criminal justice systems are
relatively well resourced and efficient, the average duration of pretrial detention is almost half a year
(Aebi & Delgrande, 2013). Collectively, todays cohort of detainees will spend 640 million days in
pretrial detention (Schnteich, 2014).
These figures, and the extensive use of pretrial detention underlying them, have significant
consequences for penal systems core responsibilities. Prisons are designed primarily for
incarcerating convicted offenders, and to serve as instruments of public security (by keeping
dangerous offenders away from the public), rehabilitation, and punishment. Large pretrial detainee
populations undermine the ability of correctional systems and their staff to achieve these objectives
(Jones, 2003; UNODC, 2010).
It is typically more onerous and labor-intensive for corrections staff to manage pretrial detainee
populations compared to sentenced prisoners. Numerous interventions that encourage rehabilitative
behavior and reduce violence among sentenced prisoners are not easily applicable to pretrial
detainees. For example, pretrial detainees are often not separated according to risk classification as
they have not been convicted of an offense; they cannot be given good-time credits as an incentive
for good behavior as their release schedule is contingent on the speed of the polices investigation;
and therapeutic interventions such as conflict resolution techniques are typically not provided to
pretrial populations which are, at least in theory if not in practice, considered short-term and transient
(Nowak, 2007; UNICEF, 1998)1.
Consequences of Pretrial Detention
Three particularly glaring consequences of pretrial detention that undermine the effectiveness and
capacity of penal systems are discussed next. These are namely; prison crowding, its criminogenic
effect, and financial costs.

The Standard Minimum Rules for the Treatment of Prisoners provide that pretrial detainees shall benefit by a special
regime which include, inter alia, that pretrial detainees: shall generally sleep singly in separate rooms; may have their
food procured at their own expense from the outside; shall be offered opportunity to work, but shall not be required to
work; shall generally be allowed to procure at their own expense books, newspapers, and writing materials; shall be
allowed, at their expense, to be visited and treated by their own doctor or dentist; shall be given all reasonable facilities
for communicating with their families and friends, and for receiving visits from them; and be allowed to apply for free legal
aid and to receive visits from their legal adviser.

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Prison crowding
Prison crowding complicates efforts to rehabilitate convicted offenders, a key objective of most
modern penal systems. This results in higher recidivism rates, generating long-term upward
pressures on imprisonment rates and producing a vicious circle of escalating crowding levels as
previously incarcerated offenders are re-arrested and convicted.
In extreme cases, crowding can reach levels where prisons cease to function: the limited numbers
of guards are unable to monitor and control the prisoners in their care in even a rudimentary
manner. This can lead to the unofficial appointment of prison inmates to act as supervisors and
disciplinarians of other prisoners. The day-to-day functioning of prison life is left largely at the mercy
of prisoners themselves.
As an example, the UN Subcommittee for the Prevention of Torture, in its 2010 report on Honduras,
where pretrial detainees are commonly mixed with sentenced prisoners, described the existence of
prisoner self-rule and lack of effective control by the authorities (IACHR, 2011).
The Subcommittee noted that the shortage of staff assigned to the prisons had given rise to a regime
of self-governance, under the control of coordinators and subcoordinators who are prisoners who
act as spokespersons in dealings between the authorities and the rest of the prison population From
talking with inmates, the Subcommittee learned that the coordinators and subcoordinators are in
charge of keeping order and assigning spaces in each wing. This was accepted by the prison staff with
whom the Subcommittee spoke, who also revealed that they never enter some wings, such as those
where the members of maras [a notorious criminal gang] are held.
The system of corruption and privileges described above has spread to all aspects of daily prison life,
and covers the obtaining of beds, mattresses, food, air conditioning units, televisions and radios A
number of inmates stated that they had been beaten as punishment by other inmates or by prison
staff, on orders from the coordinators, and that sometimes the coordinator himself administered the
punishment.
As prison crowding levels increase further, the risk of gang warfare or riots among prisoners will
increase and mass breakouts may become more frequent. Crowding thus poses not only a significant
management challenge for prison staff, affecting the physical safety of the prison environment, but
also undermines corrections systems core mandate to promote rehabilitation and public safety.
Pretrial detention significantly exacerbates overcrowding in prison systems around the world. An
empirical analysis of the causes of overcrowding found only a weak correlation between countries
rates of imprisonment and overcrowding, but a strong and significant correlation between pretrial
detention and the extent of overcrowding (Albrecht, 2011, p. 85). In 2014, there were approximately
10.3 million prisoners occupying some 8.7 million prison spaces, or 1.6 million more prisoners than the
officially available prison accommodations, according to the International Center for Prison Studies
(ICPS). Mathematically, therefore, reducing the number of pretrial detainees by half would, in theory,
address global prison crowding.

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Criminogenic effect
Pretrial detention exacerbates conditions that increase the number of potential offenders in a
society. Many prison environments are criminogenic, whereby the experience of confinement can
psychologically harm prisoners, making their adjustment to society upon release more difficult,
with one likely consequence being a return to crime. There is empirical evidence that once juveniles
are detained awaiting trial, even when controlling for prior offenses, they are more likely than nondetained juveniles charged with a crime to engage in future delinquent behavior, with the detention
experience increasing the risk of recidivism (Holman & Ziedenberg, 2006). Another study found
that among low- and moderate-risk adult defendants, the length of pretrial detention is positively
associated with the likelihood that pretrial detainees will reoffend (Lowenkamp, VanNostrand &
Holsinger, 2013).
As is the case with convicted prisoners, pretrial detainees face similar criminogenic influences,
especially if detained for extended periods under crowded and poor conditions. The risk is greater
in places where convicted prisoners and pretrial detainees are mixed, or where pretrial detainees
charged with minor offenses are incarcerated together with detainees suspected of having committed
serious crimes; both common scenarios in many overcrowded prison systems around the world.
There is evidence to show that prisons serve as schools or breeding grounds for crime (Gendreau,
Goggin & Cullen, 1999; Jaman, Dickover & Bennett, 1972). Prisons psychologically harm their inmates,
including pretrial detainees, making their adjustment to society upon release more difficult, with
one consequence being that at least some of them will turn to crime. Much of the literature on the
effects of incarceration argues that the confined spaces of prisons reinforce certain forms of negative
behavior. For example, by examining the social learning contingencies that exist in prisons, it was
found that prisoners face overwhelming positive reinforcement by the peer group for a variety of
antisocial behaviors (Bukstel & Kilmann, 1980, p. 472).
Ancillary costs
Pretrial detention costs states and taxpayers billions every year. For example, in the U.S. taxpayers
spend about $9 billion per annum for the incarceration of pretrial detainees (American Bar Association,
2011). Also in the U.S., the cost of incarcerating a pretrial detainee for a year can be up to $45,000
(Baradaran, 2011). For juveniles the costs are even higher. According to the American Correctional
Association, the average annual cost to incarcerate one juvenile was $88,000 in 2008 (Justice Policy
Institute, 2009).
For poor countries, where state budgets are rarely balanced and state funding to meet even the basic
needs of all citizens is inadequate, expenditure on incarcerating pretrial detainees represents a stark
opportunity cost. State resources spent on pretrial detention can be considered money not spent
on economic development, education, and other activities that can prevent crime (Chisholm, 2000;
Waller & Sansfaon, 2000). Funds devoted to pretrial detention are resources foregone which could
have been spent on furthering the rehabilitative mission of correctional systems, such as educational
programs for prisoners, prison psychologists, or parole officers (to permit the early and safe release
of convicted offenders).
Moreover, the true cost of pretrial detention is often hidden, because the state counts only the direct
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costs of housing and feeding pretrial detainees. Largely overlooked are indirect costs such as the lost
productivity and reduced tax payments of pretrial detainees who could have continued working if
they were released before trial, or diseases transmitted from prison to the community when detainees
are eventually released. These are costs that undermine the economic viability of households,
communities and societies (OSJI, 2011).
Rational Pretrial Detention Practices
There are many paths to reforming pretrial detention practices, including changes in law and policy;
enhancing the role of lawyers and paralegals during the pretrial phase of the criminal justice process;
and pretrial evaluation and bail supervision services. These interventions are briefly discussed in turn.
Laws and policies
Without good laws, consistently good practice is impossible. Moreover, explicitly bad laws can abet
and encourage practices that undermine the presumption of innocence resulting in the arbitrary or
excessive use of pretrial detention. Statutory and policy-based principles based on international norms
and standards that have been shown to reduce the overuse use of pretrial detention include (OSI,
2008; JSCA, 2009; Van Kalmthout, Knapen & Morgenstern, 2009; Schnteich, 2014):
Granting judicial officers with wide discretion to release defendants awaiting trial, as opposed to
laws that mandate compulsory pretrial detention for persons charged with certain offenses.
Prohibiting or significantly restricting the use of pretrial detention in respect of defendants
charged with minor offenses for which the potential sentence upon conviction excludes
imprisonment.
Setting an upper time limit on the legally permitted duration of pretrial detention.
Providing for a variety of alternatives to pretrial detention such as, for example, electronic
monitoring or bail supervision.
Regulating the use of conditional bail or alternatives to pretrial detention to promote the least
restrictive alternatives to detention consistent with the needs of public safety and the effective
administration of justice.
Ensuring a system of mandatory and regular judicial review of courts prior pretrial detention
rulings, with the burden on the prosecution to show why the continued detention of a defendant
is necessary and reasonable.
Lawyers and paralegals
Particularly in countries where legal processes do not work efficiently and effectively, lawyers and
paralegals have the potential to make a positive contribution to decreasing a countrys reliance on
pretrial detention. For example, in jurisdictions where the proportion of prisoners who are in pretrial
detention is high, legal assistance providers can identify pretrial detainees who are eligible and
suitable for release and help them seek their release and push for their rights.
According to a World Bank report, paralegals play a particularly valuable and affordable role in places
with few lawyers or where the legal profession is prohibitively expensive for most defendants, with
paralegals providing vital first aid in access to justice for arrestees and accused persons (Walsh,
2010). Paralegals provide primary legal aid services in numerous developing countries, decreasing
the pretrial detainee population and case backlogs, and supporting the speedy processing of cases,
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Article 3: Managing Risk through Rational Pretrial Detention Practices

diversion of young offenders, and the equality of arms between the defendant and the prosecution
during the bail process in court (Dale, 2009; OSJI, 2012).
Ensuring accused persons access to effective legal assistance at all stages of the pretrial justice
process involves particular demands, and requires an effective mechanism for guaranteeing that
suspects and defendants know of their right to legal assistance; legal services are structured and
managed to allow the provision of prompt and qualified legal assistance; ready access by lawyers and
paralegals to arrestees in police detention, pretrial detention centers, and prisons; and appropriate
training and accreditation, and systems of monitoring, to ensure that lawyers and paralegals have the
necessary knowledge and skills.
Pretrial evaluation and bail support services
A number of countries have instituted pretrial evaluation and bail support services to rationalize the
pretrial detention decision-making process2. Such services have two broad goals. First, to allow, to the
maximum extent possible, pretrial release pending adjudication and second, to assure that defendants
appear in court to face their charges and ensure they do not pose a threat to public safety (Bureau of
Justice Assistance, 2000).
Pretrial evaluation occurs in the period between the arrest and the hearing at which a judge makes
the determination to either release or detain a defendant at pretrial. The evaluation process identifies
arrestees personal characteristics and any risk they may pose to the criminal process and society.
Identifying the potential risks permits the criminal justice systems actors, including judges,
prosecutors, and defenders, to make more rational pretrial decisions and recommendations and
consider the most appropriate release conditions, reserving pretrial detention for exceptional cases
where the risks cannot be managed by other means.
Conclusion
The global use of pretrial detention directly affects some 15 million people each year, many of whom
will wait months or even years for their day in court (Schnteich, 2014). This places considerable
logistical, human resource and budgetary burdens on penal systems, distracting from and
undermining their core responsibilities. Many pretrial detainees pose no threat to society and can be
safely released pending trial. In numerous jurisdictions, a significant proportion of pretrial detainees
are suspected of relatively minor, non-violent offenses, and rarely receive a custodial sentence upon
conviction (Peillard, Ahumada & Chahun, 2011; Prison Reform Trust, 2011; Spier & Lash, 2004; UNODC,
2011). Many pretrial detainees are also never convicted of the charges that led to their detention in
the first place (Human Rights Watch, 2010; Karth, 2008; Prison Reform Trust, 2011). This is because
many are innocent and are acquitted after trial, or because the state is, for a variety of reasons, unable
or unwilling to proceed with a trial. Too often individuals end up in pretrial detention because they
are poor. The indigent are more likely to come into conflict with the law, more likely to be detained
pending trial and less able to afford a lawyer, bail, or, in some settings, money for a bribe.
A more rational and limited use of pretrial detention need not undermine public insecurity and the
effective administration of justice. By reducing the number of pretrial detainees it is possible to
enhance public security by bringing about less prison overcrowding, thereby enhancing the prospects
2

Argentina, Mexico, USA.

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of rehabilitating incarcerated offenders and consequent lowering recidivism rates. Moreover, by


keeping defendants awaiting trial out of detention, it is possible to reduce the number of broken
homes and damaged communities which result from the widespread use of pretrial detention, thereby
reducing some of the underlying causes of criminal conduct in certain communities.
LIST OF REFERENCES
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Albrecht, H-J. (2011). Prison Overcrowding: Finding Effective Solutions. Strategies and Best Practices
Against Overcrowding in Correctional Facilities in: Report of the Workshop. Strategies and Best
Practices Against Overcrowding in Correctional Facilities. Twelfth United Nations Congress on
Crime Prevention and Criminal Justice. Salvador, Brazil, 12-19 April 2010. Tokyo: United Nations
Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders (UNAFEI).
Available at: http://www.unafei.or.jp/english/pdf/Congress_2010/13Hans-Jorg_Albrecht.pdf
(accessed on: Dec. 3, 2015).
American Bar Association. (2011). ABA Urges Pre-Trial Release Reform to Save States Money, Reduce
Recidivism and Protect the Public. No place of publication: American Bar Association. Available at:
http://www.americanbar.org/content/dam/aba/administrative/criminal_justice/spip_handouts.
authcheckdam.pdf (accessed on: Oct. 2, 2015).
Baradaran, S.(2011). The State of Pretrial Detention, in: The State of Criminal Justice 2011.
Washington, DC: American Bar Association.
Bukstel, Lee H. and Peter R. Kilmann. (1980). Psychological effects of imprisonment on confined
individuals. Psychological Bulletin, 88(2).
Bureau of Justice Assistance. (2000). A Second Look at Alleviating Jail Overcrowding. A Systems
Perspective. Washington, DC: U.S. Department of Justice.
Chisholm, J. (2000). Benefit-Cost Analysis and Crime Prevention. Trends & Issues in Crime and Criminal
Justice, 147.
Dale, Pamela. (2009). Delivering Justice to Sierra Leones Poor. An Analysis of the Work of Timap for
Justice. Justice for the Poor Research Report. Washington, DC: The World Bank.
Gendreau, Paul, Claire Goggin and Francis T. Cullen. (1999). The Effects of Prison Sentences on
Recidivism. Ottawa: Solicitor General Canada. Available at: http://www.prisonpolicy.org/scans/
e199912.htm (accessed on: Oct. 30, 2015).
Holman, B. & Ziedenberg, J. (2006). The Dangers of Detention: The Impact of Incarcerating Youth in
Detention and Other Secure Facilities. Washington, DC: Justice Policy Institute.
Human Rights Watch. (2010). The Price of Freedom. Bail and Pretrial Detention of Low Income
Nonfelony Defendants in New York City. New York, NY: Human Rights Watch.
IACHR. (2011). Report on the Human Rights of Persons Deprived of Liberty in the Americas.
Washington, DC: Inter-American Commission on Human Rights, paragraph 85. Available at: http://
www.oas.org/en/iachr/pdl/docs/pdf/PPL2011eng.pdf (accessed on: Feb. 22, 2016).
ICPS. World Prison Brief. London: International Centre for Prison Studies. Available at: http://www.
prisonstudies.org/world-prison-brief (accessed on: 24 May 2015).
Jaman, Dorothy R., Robert M. Dickover and Lawrence A. Bennett. (1972). Parole outcome as a function
of time served. British Journal of Criminology, 12(1).
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Jones, Stephen. (2003). Guilty until Proven Innocent? The Diminished Status of Suspects at the Point
of Remand and as Unconvicted Prisoners, Common Law World Review, 32(4).
JSCA. (2009). Pretrial Detention and Criminal Procedure Code Reform in Latin America: Evaluation and
Perspectives. Santiago: Justice Studies Center of the Americas.
Justice Policy Institute. (2009). The Costs of Confinement: Why Good Juvenile Justice Policies Make
Good Fiscal Sense. Washington, DC: Justice Policy Institute. Available at: http://www.justicepolicy.
org/images/upload/09_05_REP_CostsofConfinement_JJ_PS.pdf (accessed on: Oct. 3, 2015).
Karth, V. (2008). Between a Rock and a Hard Place. Bail Decisions in Three South African Courts. Cape
Town: Open Society Foundation for South Africa.
Lowenkamp, C.T., VanNostrand, M. & Holsinger, A. (2013). The Hidden Costs of Pretrial Detention. New
York, NY: Laura and John Arnauld Foundation. Available at: http://www.arnoldfoundation.org/wpcontent/uploads/2014/02/LJAF_Report_hidden-costs_FNL.pdf (accessed on: Dec. 17, 2015).
Nowak, Manfred. (2007). Mission to Nigeria. Report of the Special Rapporteur on torture and other
cruel, inhuman or degrading treatment or punishment (4 to 10 March 2007), A/HRC/7/3/Add.4.
OSI. (2008). Justice Initiatives: Pretrial Detention. New York: Open Society Institute.
OSJI. (2011). The Socioeconomic Impact of Pretrial detention. New York: Open Society Justice Initiative.
OSJI. (2012). Improving Pretrial Justice: The Roles of Lawyers and Paralegals. New York: Open Society
Justice Initiative.
Peillard, A.M.M., AhumadaP.P. & Chahun, G.W. (2011). Caracterizacin de la Poblacin en Prisin
Preventiva en Chile. Santiago: Fundacion Paz Ciudadana.
Prison Reform Trust. (2011). Bromley Briefings Prison Factfile. London: Prison Reform Trust.
Schnteich, M. (2014). Presumption of Guilt. The Global Overuse of Pretrial Detention. New York, NY:
Open Society Foundations.
Spier, P. & Lash, B. (2004). Conviction and Sentencing of Offenders in New Zealand: 1994 to 2003.
Wellington: New Zealand Ministry of Justice.
UNICEF. (1998). Innocenti Digest: Juvenile Justice. Florence: UNICEF. Available at http://www.unicefirc.
org/publications/pdf/digest3e.pdf (accessed on: Feb. 24, 2016).
UNODC. (2010). Handbook for prison leaders. A basic training tool and curriculum for prison managers
based on international standards and norms. New York: United Nations Office on Drugs and Crime.
UNODC. (2011). Access to Legal Aid in Criminal Justice Systems in Africa. Vienna: UNODC. Available at:
http://www.unodc.org/pdf/criminal_justice/Survey_Report_on_Access_to_Legal_Aid_in_Africa.
pdf (accessed on: Oct. 7, 2015).
Van Kalmthout, Anton M., Marije M. Knapen, and Christine Morgenstern (eds.). (2009).
Pre-trial Detention in the European Union. An Analysis of Minimum Standards in
Pre-Trial Detention and the grounds for Regular Review in the Member States of the
EU. Nijmegen: Wolf Legal Publishers.
Waller, I. & Sansfaon, D. (2000). Investing Wisely in Crime Prevention. International Experiences.
Bureau of Justice Assistance Monograph, 1. Rockville, MD: Bureau of Justice Assistance.
Walmsley, R. (2013). World Prison Population List. London: International Centre for Prison Studies.
Walmsley, R. (2014). World Pre-trial/Remand Imprisonment List. London: International Centre for
Prison Studies.
Walsh, B. (2010). In Search of Success: Case Studies in Justice Sector Development in Sub-Saharan
Africa. Washington, DC: The World Bank. Available at: http://www-wds.worldbank.org/external/
default/WDSContentServer/WDSP/IB/2010/10/22/000334955_20101022003638/Rendered/
PDF/574450ESW0P1121n0Africa010June02010.pdf (accessed on: April 21, 2015).
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Advancing Corrections Journal: Edition #1-2016

PROMOTING CORRECTIONAL OFFICER WELLBEING: GUIDELINES AND


SUGGESTIONS FOR DEVELOPING PSYCHOLOGICAL TRAINING PROGRAMS
Justin S. Trounson1
Centre for Forensic Behavioural Science,
Swinburne University of Technology, Melbourne, Australia
Dr. Jeffrey E. Pfeifer
Swinburne University of Technology, Melbourne, Australia

Abstract
This paper explores the issue of staff wellbeing in a correctional context and discusses the need
for the development of evidence-based and industry-responsive training for correctional officers to
ameliorate the negative psychological effects of perceived workplace adversity. The paper provides
a rationale for the development of training based on the existing literature and offers a set of
overarching guidelines for consideration when developing programs aimed at positively impacting
the wellbeing of correctional staff. Among other things, the enunciation of these guidelines is based
on the contention that there is a need for training programs that acknowledge the unique challenges
and environmental contexts faced by contemporary correctional officers. As such, it is argued that the
planning, development and implementation of training programs need to be responsive to the diverse
needs of staff and designed to be both relevant and palatable to correctional officers.

KEYWORDS: Prison; Stress; Adversity; Work; Occupation; Guard; Correctional Officer; Wellbeing
Officer Wellbeing: Challenges Faced by Individuals and the Industry

Correspondence concerning this article should be addressed to Mr Justin Trounson at the Centre for Forensic Behavioural
Science, Swinburne University of Technology, PO Box 218, H24, Hawthorn, Victoria, Australia, 3122 (email: jstrounson@
swin.edu.au).

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Article 4: Promoting Correctional Officer Wellbeing: Guidelines and Suggestions for


Developing Psychological Training Programs
Working as a correctional officer may involve exposure to adverse and stressful situations (Kunst,
2011). In their employment, correctional officers often deal with a range of potentially stressful
experiences including being victims of (or observing) verbal and physical abuse, witnessing graphic
and distressing events and functioning (often as first responders) to difficult and potentially
dangerous incidents (Harrell, 2011; Konda et al. 2012; Spinaris et al., 2012). For example, in the United
States research indicates that the number of workplace violent non-fatal incidents for correctional
officers is higher per capita than for any other profession except policing (Bureau of Labor Statistics,
2010; Harrell, 2011; Warchol, 1998). It has been suggested that the critical incidents are likely to
increase as prison facilities become increasingly overcrowded (Konda et al., 2012; Martin et al., 2012).
This research, combined with the documented workplace challenges of correctional staff have been
recognized and reflected upon in many industry reports and evaluations examining the realities of
working as a correctional officer (e.g Brower, 2013; Finn, 2000; Inspector of Custodial Services (NSW),
2014; UK Justice Committee, 2015).
Considering the potentially stressful work environment, it is perhaps not surprising that correctional
officers are highly vulnerable to a wide range of negative physical and psychological conditions
(Ghaddar et al., 2008; Johnson et al., 2009). Research indicates that staff are at a heightened risk
of depression (Bourbonnais et al., 2007; Sui et al., 2014) and post-traumatic stress (Spinaris et al.,
2012); are more likely than others to engage in problematic alcohol consumption and illicit drug use
(Freeman, 1998; Svenson et al., 1995; Weir et al., 2012); have higher rates of obesity (Morse et al., 2011)
and other stress-related physical conditions such as heart disease and hypertension (Anson et al.,
1997; Cheek & Miller, 1983; Harenstam et al., 1988) when compared to people in other occupations.
It has been argued that the health and psychosocial issues experienced by correctional officers
may have negative consequences for the institutions that employ them, potentially leading to
organizational issues that hinder the effective and safe operation of correctional facilities. These may
include high rates of absenteeism (Lambert et al., 2005), burn-out (Gould et al., 2013), high officer
turnover (Finn, 1998; Lambert et al., 2010), and low levels of job satisfaction (Mahfood et al., 2013).
Furthermore, correctional organizations can be negatively impacted by a range of other direct and
indirect costs (Stohr et al., 1992) including increased overtime payments and staff shortages due to
absenteeism, excessive training costs due to high turnovers of staff and reduced staff productivity
(Lambert et al., 2005; 2010).
Correctional Officer Wellbeing: What Is It and Why Does it Matter?
Research addressing the manner in which officers are able to increase and sustain their physical and
mental health is fundamental to safety, health and efficacy of individuals and the workplace. Over
the past few decades there has been a substantial increase in research examining the concept of
wellbeing (Seligman & Csikszentmihalyi, 2000), yet despite this surge in empirical interest debate
continues over exactly how to conceptualize the concept (Dodge et al., 2012). Considering wellbeing
as simply determined by the absence of negative factors such as stress, distress and pathology is
problematic. Conceptualizing wellbeing as simply involving the presence of protective factors such as
resilience is also problematic. Rather, it may be better conceptualized as a dynamic state of balance
between an individuals resource pool and challenges faced (Dodge et al., 2012), a state that may be
quantifiable by establishing; a) the absence of negative factors, b) the presence of protective factors
and c) the presence of factors that indicate an individual is thriving (such as contentment and life
satisfaction).
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Despite the well-known and longstanding employee and organizational challenges that face
correctional organizations, there continues to be a dearth of empirical research relating to the
efficacy of wellbeing and stress management programs within corrections, especially with regard
to the development of training programs (Armstrong & Griffin, 2004; Brower, 2013; Schoenman,
2011). Although many factors likely contribute to this, a review examining correctional officer
stress concluded that the largest obstacles to establishing effective and comprehensive wellbeing
management programs within corrections included; a) a general failure on behalf of administrators to
recognize the need for such services, b) a lack of funding for such initiatives and c) a lack of empirical
evidence demonstrating their effectiveness (Finn, 1998).
This paper argues that the existing literature indicates that there is evidence of a shift in correctional
administrators mindsets in relation to recognizing the need for employee wellbeing programs and
the realisation that funding such programs is a sound investment (Brower, 2013; Finn, 2000). It is also
evident that new programs using evidence-based approaches are needed and should be implemented
throughout corrections as a part of standard officer training. Furthermore, this paper argues the
benefits of developing and implementing pre-emptive, evidence-based, industry-responsive, targeted,
psychological training programs designed to promote correctional officer wellbeing.
The Need to Implement Wellbeing Programs
Correctional institutions must continually make difficult decisions regarding the effective distribution
of their limited resources. They often lack adequate funding and are at times forced to abandon
the implementation of programs due to financial constraints. In response to concerns raised by
Finn (1998) regarding the perceived lack of funding for wellbeing and stress management training
programs, there are a number of findings that may be of interest to correctional administrators
considering implementing such programs. Although difficult to estimate, global costs of work-related
staff mental ill-health challenges are high (EU-OSHA, 2014). For instance, a 2010 report indicates
that the cost of work-related mental stress is approximately 30.3 billion in the UK (Centre for
Mental Health, 2010), 29.2 billion in Germany (EU-OSHA, 2014), and $14.8AUD billion in Australia
(Medibank Private, 2008) per year. The high cost of workplace-related mental health problems has
led to the recommendation that employers move from a reactive approach in addressing psychosocial
conditions to a more proactive approach designed to promote employee wellbeing (Joyce, 2013). As
a result there has been a surge in the development and implementation of proactive psychological
training programs aimed at ameliorating the potential negative effects of workplace environments,
especially in those environments that are challenging such as the police force (e.g. Arnetz et al., 2008;
Weltman et al. 2014), the military (e.g. Casey, 2011; Griffith & West, 2013), emergency services (e.g.
Varker & Devilly, 2012) and psychiatric nursing (e.g. McDonald et al., 2012).
Existing evidence relating to the cost-effectiveness of interventions focusing on mental health
promotion in the workplace indicates that these programs provide significant cost benefits in the
long term despite initial costs (Brower, 2013; EU-OSHA, 2014; Finn, 2000). For example, one review
examining the financial benefits of mental health initiatives showed that every 1 of expenditure in
promotion and prevention programs generated net economic benefits up to 13.62 over a one year
period in the European Union alone (Matrix, 2013). These cost benefits are supported throughout the
literature (Lamontagne et al, 2007) and indicate a sound case for the implementation of pre-emptive
psychological training for correctional officers.
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Article 4: Promoting Correctional Officer Wellbeing: Guidelines and Suggestions for


Developing Psychological Training Programs
Identifying Implementation Challenges and Potential Solutions
Despite the existence of empirical support for the implementation of such programs in the workplace,
correctional administrators have generally failed to recognize the need for stress management and
wellbeing training for employees in the past (Finn, 1998). A review of the literature from the past
decade indicates that this may no longer be the case. There has been a substantial increase in the
implementation of preventative programs in the last ten years in correctional settings to counter
the negative impacts of workplace stress and adversity (e.g. Bravo-Mehmedbasic et al., 2009; Finn,
2000; Leo, 2011; McCraty et al., 2009; Shochet et al., 2011). The shift in the mindset of correctional
administrators may indicate an increased understanding of the financial and organizational benefits of
implementing such programs. Although this shift may be viewed as a positive step toward effectively
addressing employee wellbeing within corrections, differentiating between effective and ineffective
proactive training programs may be a challenge for correctional administrators.
Ensuring that Programs are Evidence-Based
The final obstacle identified by Finn (1998) is the general lack of empirical evidence regarding
the efficacy of wellbeing programs. This deficit needs to be addressed if such programs are to be
implemented widely. As the prevalence of proactive employee wellbeing programs has increased,
so too has the call for the establishment of systematic evidence-based approaches regarding their
development and implementation (Dunt, 2009; Eidelson, 2011, 2012; Morgan & Garmon Bibb, 2011). It
is an unfortunate reality that many programs are implemented within the field of corrections without
pilot testing (Petrosino et al., 2000). This practice can leave the correctional industry vulnerable to
unintentionally diverting funds and resources toward ineffective programs and away from effective
programming (Petrosino et al., 2000). Furthermore, implementing programs that are not built upon
a sound evidence-base or that have not demonstrated efficacy can potentially cause more harm than
good. The well-intentioned Scared Straight program implemented in New Jersey in the 1970s is
one example. Implemented at Rahway State prison the program was initially heralded as a success,
reducing crime and delinquency in a group of youth at risk of offending. As a result of these claims
many US states implemented similar programs despite the lack of an evidence-base for the program.
However, in a meta-analysis of the results of a number of Scared Straight programs and other similar
programs, it was found that they actively increased crime and delinquency (Petrosino et al., 2000).
Given the above, it is suggested that, in line with recommendations found throughout the existing
literature (Dunt, 2009; Petrosino et al., 2000), future programs which are developed to assist officers
to manage workplace adversity need to be founded upon a sound evidence base and evaluated for
efficacy. This would ensure correctional officers receive the best training available and addresses
criticisms that have been voiced in regard to the implementation of non-evidence based resilience and
wellbeing training programs within other industries (Dunt, 2009; Eidelson, 2011, 2012). Furthermore,
it is recommended that such programs should demonstrate the existence of an evidence-base prior to
their implementation within a correctional facility and should be subsequently evaluated to establish
their efficacy. A set of recommended steps have been outlined in Table 1 to assist organizations
with successfully traversing the process of developing and implementing a training program that
addresses the wellbeing of correctional officers.

Ensuring that Programs are Industry-Responsive
An additional concern raised by Finn (1998; 2000) is that many of the available programs that
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Advancing Corrections Journal: Edition #1-2016

Table 1: Guidelines for the Development and Implementation of Wellbeing Training Programs for Correctional
Officers

attend to correctional officer wellbeing are largely generic rather than being focussed specifically
the unique stressors found within the work environment of correctional officers. It is recommended
that programs aimed at promoting correctional officer wellbeing should be industry-responsive and
address the unique psychological stressors that confront correctional officers. Training modules
should address the stressors and present coping strategies used by officers when managing
workplace adversity. Developing industry-responsive programs will ensure that program content is
relevant to the contemporary correctional officer, which may in turn bolster program credibility and
increase officer engagement.
There may also be benefits in learning from other fields, especially in cases where organizational
and employee issues are relevant such as in the case of the police and emergency services. It is also
acknowledged by the authors that the correctional industry may benefit from adapting or building
upon existing wellbeing programs to ensure programs are contextually relevant for those working in
correctional settings. However, it is important that programs appropriated from other occupational
fields be carefully adapted to fit the correctional context with conscious consideration of its relevance
to the contemporary correctional officer.
The Need for Training Programs to be Flexible
In addition to ensuring future programs are evidence-based and industry-responsive, such programs
should be flexible in their implementation allowing for the dissemination of targeted content
dependent on an officers personal strengths and weaknesses. It is likely that there is no single
way to psychologically prepare all officers to enter a correctional facility as each employee arrives
with individual life experiences and skill sets from which to draw upon. Rather than taking a one
size fits all approach, it is important that future training programs have the capacity to quickly and
effectively identify specific learning areas in which staff may require training or skill refreshment.
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Article 4: Promoting Correctional Officer Wellbeing: Guidelines and Suggestions for


Developing Psychological Training Programs
Future programs should aim to achieve a level of flexibility in training that can accommodate for this
variability in skills that is evident in the contemporary correctional officer population.
Where to From Here?
In conclusion, review of the existing literature relating to correctional officer wellbeing indicates that
they work within a challenging, stressful and unique work environment. Moreover, research suggests
that they are at a heightened risk of experiencing adverse physical and psychological conditions
relating to their employment. These negative health effects must be addressed to manage the related
organizational impacts such as high rates of absenteeism, presenteeism (i.e., being physically present
at work but not mentally attentive), burn-out and staff turn over. It is recognized that the correctional
industry has taken substantial and proactive steps toward addressing these issues through the
implementation of various staff training initiatives worldwide. However, more work needs to be done
to aid the development of evidence-based programs and to encourage the development of industryresponsive training programs that are palatable for officers and that can be tailored to assist them
dependent on their unique training needs. Furthermore, the implementation of proactive wellbeing
programs should be considered complementary to existing reactive services available to officers
such as debriefing, staff counseling services and Employee Assistance Programs (EAP). Providing
officers access to both proactive and reactive services that are evidence-based, industry-responsive
and targeted is argued as the best-practice model for addressing issues of officer wellbeing within
corrections.
LIST OF REFERENCES
Anson, R. H., Johnson, B., & Anson, N. W. (1997). Magnitude and source of general and occupationspecific stress among police and correctional officers. Journal of Offender Rehabilitation, 25,
103113.
Armstrong, G. S., & Griffin, M. L. (2004). Does the job matter? Comparing correlates of stress
among treatment and correctional staff in prisons. Journal of Criminal Justice, 32(6), 577592.
doi:10.1016/j.jcrimjus.2004.08.007
Arnetz, B. B., Nevedal, D. C., Lumley, M. A., Backman, L., & Lublin, A. (2008). Trauma resilience
training for police: Psychophysiological and performance effects. Journal of Police and Criminal
Psychology, 24(1), 19. doi:10.1007/s11896-008-9030-y
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Article 5: Engaging Prisoners in Education: Reducing Risk and Recidivism

ENGAGING PRISONERS IN EDUCATION: REDUCING RISK AND RECIDIVISM


Helen Farley1
University of Southern Queensland, Australia
and
Dr. Anne Pike2
Open University, UK

Abstract
Engaging prisoners in education is one of a range of measures that could alleviate security risk in
prisons. For prisoners, one of the main challenges with incarceration is monotony, often leading to
frustration, raising the risk of injury for staff and other prisoners. This article suggests that prisoner
engagement in education may help to alleviate security risk in prisons through relieving monotony
and reducing re-offending by promoting critical thinking skills. It discusses some of the challenges
to accessing higher levels of education in prisons and argues that if education was considered for its
risk-reducing potential and measured accordingly, then some of those challenges could be reduced.
It concludes with a discussion of projects undertaken in Australia and the UK that introduce digital
technologies into prisons to allow greater access to the self-paced higher levels of education which
could help realize the benefits of reduced risk and decreased recidivism rates.

Associate Professor, University of Southern Queensland, Australia; Email: helen.farley@usq.edu.au

Dr. Anne Pike, Open University, UK; Email: anne.pike@open.ac.uk

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Introduction
Prison security is a topic of growing community and political concern. Regular news reports highlight
prisoner unrest in response to overcrowding, smoking bans and other frustrations (for example
see Calligeros & Willingham, 2015; Philipson, 2015; Tan, 2015). On a day-to-day basis, prisoners
who have difficulty adapting to the pains of imprisonment, namely boredom, conflicts with staff
and concerns for ones safety, can be much more likely to resort to serious prison misbehavior and
violence (Rocheleau, 2013). In addition, prison violence results in increased workplace injuries and
work time lost to chronic health conditions such as depression and anxiety for prison staff (Finney,
Stergiopoulos, Hensel, Bonato, & Dewa, 2013). The cost to the prison estate is substantial and effective
ways of mitigating risk through reducing prisoner misconduct is an imperative. Researchers suggest
that at least one effective way to counter this anti-social acting out could be to fill prisoners days
with constructive activity, including education (Rochealeau, 2013).
The Standard Guidelines for Corrections in Australia (2012), recommends that prisoners be provided
with access to education and vocational training primarily as a way of helping them develop skills
and abilities to support reduced re-offending upon release from custody (Australian Institute of
Criminology, 2012). However, there is little understanding of the impact on security risks of prisoner
participation in such programs. Much research into prison education is focused on individual learning
benefits (for example see Batiuk, Lahm, McKeever, Wilcox, & Wilcox, 2005) and there is less known
about the impact of educational programs on prison operations, including the management of risk
(Brazzell, Crayton, Mukamal, Solomon, & Lindahl, 2009). If prisoner engagement with education can be
shown to reduce the security risk of prisons, an alternative measure of the success of these programs
could be to measure changes in prisoner misconduct, both prisoner-to-prisoner and prisoner-to-prison
officer.
How education could mitigate risk
Education has made me more well-behaved its had a calming effect gave me something else to
think about stopped me acting so impulsively gave me some long term thoughts
Damien, undergraduate incarcerated student

Maryborough Correctional Centre, Australia, 31 July 2015
In a recent survey in the United Kingdom, 81 per cent of prisoner respondents claimed that they
participated in study to occupy their time and relieve monotony, 69 per cent said that distance
education helped them to cope with prison and 40 per cent said that it helped a lot (Taylor, 2014).
This is particularly significant for those prisoners with long sentences or with mental health issues.
Though many prisons emphasize vocational education over higher education, mostly provided
through distance-learning, there are many benefits to be realized from engaging prisoners in this way.
Recent longitudinal research by one author has found that higher levels of education can transform
some prisoners, making them more risk-averse. Prisoners who had studied through distance learning
had increased cognitive ability and new pro-social thinking patterns, giving them the ability to express
themselves more effectively and negotiate agreed outcomes without having to resort to violence (Pike,
2014). Moreover, student-tutor relationships are usually characterized by respect, understanding, care
and positive expectations that reduce anti-social cognitions and help to build anti-criminal identity.
Thus, engaging in higher levels of education provides powerful cognitive and social learning which are
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Article 5: Engaging Prisoners in Education: Reducing Risk and Recidivism

fundamental to the RiskNeedResponsivity (RNR) model of rehabilitation (Andrews, 2006; Andrews


& Dowden, 2007).
The provision of education could assist prison management to address issues of prisonization, the
process whereby prisoners become acculturated to the negative values of the prison sub-culture
(Brazzell et al., 2009). Earlier studies have revealed the potential for prison education programs to
create positive institutional cultures. These changes were thought to be brought about by prisoner
exposure to positive civilian role models (educators), because prisoners are kept occupied (and out
of trouble) (Adams et al., 1994), and through improved decision-making abilities and pro-social
values (Brazzell et al, 2009). Prison management often encourage prisoner enrolment in education
because it can provide an incentive for good behavior; and is thought to produce more responsible,
mature individuals who have a calming influence on other prisoners and on prison officers (Ross,
2009). Theorists suggest that improvements in cognitive processing, communication abilities and
enhancement of long term prospects afforded by education and training may result in pro-social
behaviors, emotional maturity, empathy and control (Bandura, 1977; Knowles, 1975; Mezirow, 2000a).
For prisoners, these qualities have been linked to desistance from crime (Farrall and Maruna, 2004)
and they may result in a reduction in the frequency and severity of assaults within the prison. Using
education may therefore improve security outcomes in a prison and contribute to a dynamic security
mediated by human factors (Wynne, 2001). However, providing the right education, which develops
cognitive and social learning, comes with many challenges and these are discussed in the next section.
Challenges to the provision of education in prisons
Though there is an increasing evidence base that suggests that participation in education by prisoners
may help reduce security risk, there are a number of factors that exacerbate the education challenges
of many prisons. The prison learning environment must balance the competing need for security with
that of rehabilitation through the provision of education, training and mandated behavioral programs
(e.g. drug and alcohol programs). Typically, rates of prisoner engagement with education are low,
particularly in the first years of a sentence or while awaiting sentencing. There are many explanations
for low levels of prisoner participation in education and training which may be related to previous
negative experiences and readiness for learning. However three important reasons related specifically
to the prison context are 1) availability, attitude and perceptions of prison staff (i.e., those in authority);
2) the prison environment itself; and 3) limited program availability (focusing only on basic literacy
and numeracy programs) (Gillies et al., 2014). Prison officers are in day-to-day contact with prisoners
and their attitudes towards them affects how successfully prisoners complete education or training
programs. Prison officers have the capacity to enhance or undermine the goals of the prison where
they work and to either motivate or de-motivate prisoners (Kjelsberg, Skoglund, & Rustad, 2007).
Research shows that dosage is a significant factor influencing program effectiveness, and that
continuous participation for a specified period is essential for success (Cho & Tyler, 2008). Yet the
needs of the prison frequently take precedence over the need for program continuity, even when
the prisoner is willing to engage with education. The tough-on-crime policies of many governments
contributes to overcrowding of facilities, making prisoner accommodation and movement difficult.
Based on system-wide needs, prisoners may be transferred to another facility with little advance
notice, and the new prison may or may not offer comparable educational programming (Brazzell et al.,
2009).
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Lack of learning support and cultural capital exacerbate poor enrolment and retention rates in
education. Incarcerated students are very often first-in-family to participate in post-secondary
education. They are frequently participating without any support from their families or communities,
lacking the cultural capital that would normalize their participation. In addition, the acquisition of
digital literacy skills are key for post-release employment or education but impose new and often
unmet demands on disadvantaged segments of the community including those in incarceration
(Garrido, Sullivan, & Gordon, 2010; Lockard & Rankins-Robertson, 2011). In the case of learning
communities, the most effective educational programming contains intensive small-group interaction
and offers a learning community as an alternative to the often anti-social communities within prisons
(Adams et al., 1994; Batiuk et al., 2005). Without enrichment and reinforcement that stem from being
a member of a learning community, students taking education programs in prisons are socially and
materially disadvantaged with outcomes for these learners heavily shaped by negative peer pressure
and the highly unpredictable nature of prison life (Watts, 2010).
Victims rights groups encourage a public attitude that favors punishment rather than rehabilitation
through education (Drake & Henley, 2014). Consequently, there are few objections to massive cuts
to education funding in prisons (Czerniawski, 2015). Reduction in funding of both corrections and of
education has put pressure on prison education, leading to reduced staff support, decreased offerings
and shorter duration of programs.
Measuring the success of prison education
The success of education and training programs in prisons is usually couched in terms of reductions
in recidivism. Certainly, recent research suggests that prisoners who participate in education are
indeed less likely to re-offend (Davis et al, 2013; Ministry of Justice, 2013). However, this form
of measurement is problematic given that there is no agreed definition of recidivism between
jurisdictions, rates are measured over a period of years (Andersen & Skardhamar, 2015), and other
factors aside from education, including police activity, significantly impact on an individuals inclination
to reoffend (Dempsey, 2013). This uncertainty around the definition of recidivism means that this
measure is frequently manipulated to reinforce whatever argument is being proposed (Andersen &
Skardhamar, 2015). A recent report into police and community safety in Queensland, Australia called
for a better measure of prison performance that took into account those who were working directly
in and with the system. In turn, it was indicated, these measures could be used to better inform the
public on the efficacy of corrective services (Dempsey, 2013). Given this, a more appropriate and useful
way to measure the success of education and training within prisons, could be to monitor the rate
of assaults in custody. Prisons in Australia and the UK report against a number of key performance
indicators including assaults in custody and percentage of eligible prisoners enrolled in education and
training (Australian Government Productivity Commission, 2015; Ministry of Justice, 2015).
Rates of assault, both prisoner on prisoner and prisoner on prison officer, offers an alternative
measure to recidivism to ascertain the efficacy of prison education and training programs, favoring
improvements in dynamic security as evidenced by the change in the numbers of assaults (Andersen
& Skardhamar, 2015). In this way, the number of assaults could act as a proxy measure for changes in
recidivism (French & Gendreau, 2006) and provide an indication of post-release behavior (Lahm, 2009).

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Article 5: Engaging Prisoners in Education: Reducing Risk and Recidivism

Distance learning in prisons: UK and Australia


Prisoners in most Australian and UK jurisdictions are not permitted to access online learning
technologies due to procedural restrictions prohibiting prisoner access to the internet. Formal
education and training delivery to prisoners is currently provided in non-digital forms, usually in the
form of blocks of printed text. Although this method enables access to course materials, it does not
develop digital literacies in incarcerated students, and these skills are becoming more essential to
pursue formal learning outside of prisons. Currently, there are few programs offered to incarcerated
students that adequately prepare them for entry into higher education and even fewer that provide
incarcerated students with the opportunity to use modern ICTs. In both the UK and Australia, there are
innovative eLearning projects that are trying to equip prisoners with digital literacy skills in spite of
the lack of internet access.
Many prisons in the UK make use of the Virtual Campus, a secure networked system that allows
prisoner access to education and training. Using the Virtual Campus, prisoners can communicate
with their university tutors via a secure messaging service or access a growing number of Open
University courses via a Walled Garden. The Walled Garden is a secure version of the Open
Universitys learning management system and enables students to interact with their online learning
material while being prevented from accessing any other sites (Pike & Adams, 2012). By interacting
directly with their studies and receiving rapid feedback from online assessments or from their tutors,
prisoners can feel part of a wider learning community which enables them to more clearly identify
with a positive, pro-social, student identity (Pike, 2014).
In Australia, the Making the Connection project undertaken by the University of Southern Queensland
(USQ), is introducing a server with a version of the learning management system (a Moodle-based
system called the USQ Offline StudyDesk) and notebook computers that are internet-independent into
prisons in four states with discussions underway for widespread rollout across Australia (Farley, Pike
& Hopkins, 2015). These technologies provide access to digital higher education for prisoners. The
Making the Connection project team selected the following courses to be used with the USQ Offline
StudyDesk and personal devices.
1. Tertiary Preparation Program: Six courses from the Tertiary Preparation Program were selected
for modification. These included general English and study skills courses, math courses and a
humanities course. Successful completion of the Tertiary Preparation Program allows students
automatic entry into selected USQ programs. This program is Commonwealth-funded enabling
program and does not attract tuition fees.
2. Indigenous Higher Education Pathways Program: Six courses have been adapted from this
program as part of the Making the Connection project. It is expected that this program will prove
popular given the overrepresentation of Aboriginal and Torres Strait Islander prisoners and that
Indigenous students are half as likely to have completed year 12 as non-Indigenous students.
Again, this is a Commonwealth-funded enabling program for which students will not incur
tuition fees.
3. Diploma of Arts (Social Sciences): Eight courses will be modified with an emphasis on
community welfare and development.
4. Diploma of Science: This program will emphasize sustainability and the environment. Eight
courses from this program will be modified.
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5. Diploma of Business Administration: Historical data shows that most incarcerated students
have enrolled in business programs. Again, eight courses from this program will be modified.
Diploma programs were selected in acknowledgement of the typically short sentence length of
most prisoners in Australia. It could reasonably be expected that some benefits, in terms of improved
security, could still be achieved with these shorter programs. Also, it was decided that it would be
more beneficial to offer a selection of courses across a range of disciplines, rather than concentrate
course modification efforts around one discipline as with a single degree program.
To date, the Making the Connection project is deployed across 20 sites in Queensland, Western
Australia, New South Wales and Tasmania. Negotiations are underway to roll the project out into
the remaining Australian jurisdictions (the Australian Capital Territory, Victoria, South Australia, and
the Northern Territory). So far, there have been some 576 enrolments in the project. The numbers
are expected to increase rapidly as the project moves to other Australian jurisdictions. The sort of
self-paced learning that the Making the Connection project allows could lead to reduced costs while
promoting digital literacy skills needed for study or the workplace. This increased access to learning
could help realize the benefits of reduced risk and decreased recidivism rates.
Conclusion
This article argues that provision of prison education may directly address the security risks of
prisons by providing a mechanism to combat negative prison sub-culture and reduce prisoner assaults.
A reduction in prisoner misconduct correlates strongly to a reduction in recidivism rates (Lahm, 2009).
The literature suggests that prison education is almost twice as cost-effective as incarceration alone
as a crime control policy (Bazos & Hausman, 2004). Investing public funds in education and training in
prisons will achieve more sustainable community outcomes as compared to building prisons.
Previously education has been considered as a separate requirement, insufficiently linked to the RNR
model of rehabilitation and reduced security risks. However, improved engagement with education and
training and an associated reduction in the number of assaults in custody could potentially have many
positive effects. It could decrease the number of workplace injury claims, absenteeism and turnover in
prison officers. Physical and verbal abuse from prisoners is a significant component of the workplace
stress experienced by prison officers, contributing to a high burden of stress-related chronic disease
(Gould, Watsone, Price, & Valliant, 2013).
Certainly, effective delivery of and prisoner engagement with education and training might mitigate
the tensions and episodic violence typically experienced with prison overcrowding (United Voice, 2015).
In the longer term, funding is likely to be returned to the public purse through taxes collected from
ex-prisoners employed upon release from custody, decreased costs of health care as better educated
people have improved health outcomes, the reduced cost of crime (including policing, sentencing,
remand and incarceration) and decreased access to welfare by ex-prisoners (Levin, 2009).
This article particularly highlights two projects: one in Australia and one in the UK. In different ways,
each project is introducing digital technologies into prisons to improve access to self-paced and
higher level learning which enable prisoners to gain the cognitive and social skills they need for
further study or work upon release from custody, while promoting pro-social behaviour and identity,
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potentially for desistance and for better societal integration.


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OPERATIONALIZING EVIDENCE-INFORMED PRINCIPLES IN REDUCING


RECIDIVISM AMONGST HIGH-RISK OFFENDERS IN SINGAPORE
Karam Singh and Salina Samion1
Singapore Prison Service

Abstract
The use of empirical evidence in guiding correctional practice in the Singapore Prison Service began
some 15 years ago when it first adopted the well-known Risks, Needs and Responsivity (RNR) model.
The RNR model has sound theoretical underpinnings that have been empirically validated (Andrews
& Dowden, 2005). In Singapore, the growth in the use of evidence-informed correctional practices
continued steadily through the years until, quite recently, when a particularly comprehensive
application of empirical evidence served to integrate and elaborate a new approach. This paper
discusses how empirical evidence guided the development and is now determining the delivery of
correctional interventions, assessments, staffing and evaluation.

Correspondence concerning this article should be addressed to Karam Singh, Deputy Director, Psychological and
Correctional Rehabilitation Division, Singapore Prison Service, 407 Upper Changi Road North, Singapore 507658; e-mail:
karam_singh@pris.gov.sg

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Article 6: Operationalizing Evidence-Informed Principles in Reducing Recidivism


amongst High-Risk Offenders in Singapore
Background
In 2012, the Singapore Prison Service (SPS) implemented an approach informed by evidence to reduce
recidivism amongst high-risk offenders. While Singapore has been using the evidence-informed
approach for the past 15 years, its application has never been at this level of comprehensiveness. The
use of empirical evidence in guiding correctional practice in Singapore began when Singapore first
adopted the Risks, Needs and Responsivity (RNR) model introduced by Andrews, Zinger, Hoge, Bonta,
Gendreau & Cullen (1990) to guide its rehabilitative framework. The RNR model has sound theoretical
underpinnings that have been empirically validated (Andrews & Dowden, 2005). In Singapore, the
growth in the use of evidence-informed correctional practices continued steadily through the years
until, quite recently, when a particularly comprehensive application of empirical evidence went into
the elaboration of a new Singaporean approach. Empirical evidence guided the development and is
now determining the delivery of correctional interventions, assessments, staffing and evaluation.
The Approach to Reduce Reoffending Amongst High-Risk Offenders
Targeting high-risk offenders from incarceration to post-release follow-through in the community,
the approach commences from the point of admission with thorough and appropriate assessment
of risk/needs. This is followed by rigorous selection and preparation leading to placement on an
intensive 10-month psychology-based correctional program prior to release. Offenders identified for
this program receive the intensive intervention at a purpose-developed Pre-Release Centre (PRC).
The Pre-Release Centre is designed and administered with the goal of delivering the high-intensity
psychology-based correctional program and reintegration programs, such as vocational skills training
and family-focused interventions, within a milieu developed to enhance the motivation of offenders.
The ultimate goal is not only to engage offenders to work in addressing their risk factors but to
assist them to contemplate and work on their personal transformation. The staff working at the
facility are selected and trained towards this goal. At the facility, offenders undergo programs such
as the Integrated Criminogenic Program (ICP) a psychology-based high intensity group counseling
program, along with reintegration programs. Professional Correctional Rehabilitation Specialists as
well as professional service providers deliver all of these interventions.
At the Pre-Release Centre correctional staff function as Case Coordinators to offenders to engage
them with the aim to enhance motivation, provide pro-social modelling and influence positive
behavioural change. Three months prior to their release from the facility, professional Caseworkers
will commence the community correctional casework intervention with the offenders.
This significant investment in programming at the Pre-Release Centre is a deliberate move to
influence and equip high-risk offenders to abstain from re-offending by equipping them with the
appropriate attitudes and skills, and to facilitate their successful completion of their sentence during
the aftercare phase, in order to prevent future reoffending.
Upon release from the facility, offenders undergo a step-down process of aftercare support and
supervision in the community where community corrections officers and Caseworkers provide
individual casework and supervision. This intervention commences three months prior to the
offenders release and continues for up to 12 months post-release. Concurrently, the offenders are
also required to report for drug use monitoring.
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Preliminary Findings
Since its implementation in April 2012, the new approach has been yielding promising findings, with
significant differences observed between offenders who received the intervention compared with a
comparison group of high-risk offenders who did not.
These differences are seen in: (a) improvements in anti-social attitudes; (b) lower six-month breach
and relapse rates; and (c) more stable accommodation patterns upon release. In terms of the more
standard measure of recidivism, the findings indicate a significant 8% lower one-year recidivism rate
between high-risk offenders who received the intervention compared with high-risk offenders who
did not (see Table 1). As we continue to collect the data for the two-year recidivism rate, the early
indications suggest positive findings similar to the first year data.
Group
Intervention Group
Control Group

Recidivism Rates (%)


18.2
26.6

Table 1: Recidivism Rates1 for Intervention vs. Comparison Group2 12 Months Post-release

Key Components of the Evidence-Informed Approach


We would argue that the promising results we are observing could be due to the use of evidence,
both in terms of the design and operationalizing of the approach. This paper will explain in greater
detail how evidence was used to guide our practice in the four key components of Assessments,
Intervention, Staff, and Rehabilitation/Reintegration Operations. The four key components, along
with the central role of leadership at various levels to support this approach and the importance of
subjecting all that we do to objective evaluation, is conceptualized in Figure 1.
Fig.1.
Figure 1. Evidence-informed components in the approach to reduce recidivism amongst high-risk offenders.
1

Re-incarceration within a 1-year period

Intervention and comparison groups were matched on risk (high risk on LS-CMI), offence type, and release period from
prison

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Article 6: Operationalizing Evidence-Informed Principles in Reducing Recidivism


amongst High-Risk Offenders in Singapore
Assessments
In adhering to the RNR model, we recognize the importance of assessments in identifying the risks
and needs of offenders in order to determine who needs correctional programs, what interventions
are required and in what magnitude. Our assessment capability also helps us identify responsivity
issues which can be present for these offenders, for example literacy levels and cognitive functioning
which may become barriers to offenders response to the counseling or vocational programs offered.
The Singapore Prison Service has recently developed its own automated risk-screening tool, the
Screening Tool: Risk Allocation Technique (STRAT), as a first level risk screening of offenders admitted
to our prisons. We also use the Level of Service-Case Management Index (LS-CMI; Andrews, Bonta
& Wormith, 2004), validated on our local population, for a more in-depth determination of risks and
needs. We recognize the importance of guiding our community corrections practice with dynamic risk
assessments. For that we use the Dynamic Risk Assessment of Offender Re-entry (DRAOR; Serin,
Mailloux &Wilson, 2010) to inform the Caseworkers on their intervention with the supervisees.
To determine offenders specific risk for violent and sexually violent reoffending, we use the Historical
Clinical Risk-20 (HCR-20 v3; Douglas, Hart, Webster & Belfrage, 2013) and the Sexual Violence Risk-20
(SVR-20; Boer, Hart, Kropp & Webster, 1997) respectively.
Choice of each of these assessment approaches was based on a thorough analysis of the scholarly
literature regarding the validity and suitability of particular assessment approaches.
Intervention
In developing the core intervention for high-risk offenders, a detailed needs analysis was carried out.
The needs analysis examined the profile of the offenders in terms of their assessed needs as well as
factors that would need consideration for responsivity. The program developers, psychologists from
the Singapore Prison Service, also considered knowledge in the what works literature to inform
the content and structure of the program, such as the need to take a cognitive-behavioural and social
learning theoretical orientation, and the importance of targeting multiple criminogenic needs. The
Integrated Criminogenic Program was thus clearly the product of the use of evidence.
Similarly, in developing the intervention model and strategies for the aftercare portion of the new
approach, we looked at what the evidence from the literature informed of effective approaches.
Hence, our community corrections staff who provide casework and supervision to these high-risk
offenders were equipped with the use of the DRAOR for dynamic risk assessment as well as Effective
Practices In Community Supervision (EPICS; University of Cincinnati Corrections Institute, 2008) as
an intervention approach. Staff were trained and certified in the use of EPICS by the University of
Cincinnati Corrections Institute. The importance of equipping staff with effective instruments and
intervention approaches guided by evidence will be elaborated in the next section.
Staff
The Singapore Prison Service sees its staff as agents of change. Hence we consider the selection,
training and development of our staff as highly important. As with the other components, we look
at evidence from the what works literature to provide recommendation in regard to the appropriate
qualifications candidates must possess. For example, specialist staff delivering the Integrated
Criminogenic Program must possess a tertiary qualification in psychology, counseling or social work.
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Having undergone their basic prison officer training, corrections staff working with the high-risk
offenders at the Pre-Release Centre are specially selected based upon the alignment of their
values and attitudes to the nature of work in the facility. These staff are then put through training,
supervised practice and examination before they are certified to be deployable to the Pre-Release
Centre. This includes a five-month specialised training for corrections staff. This training is developed
and delivered by our psychologists. Supervision on the application of the specialised skills is also
provided to the prison officers.
Similarly, and mentioned briefly earlier, community corrections staff are trained and certified in the
use of EPICS. EPICS is a six-month training for community corrections officers already in service. The
training is developed and delivered by University of Cincinnati Corrections Institute staff.
Rehabilitative Operations
The fourth component, Rehabilitative Operations, is something that is perhaps unique to the
Singapore Prison Service. At our Pre-Release Centre, we recognize the importance of creating a
transformational environment (referring to a positive prison psycho-social climate) that is conducive
to offender change. This counters the common phenomenon of the formation of an anti-social subculture within offender facilities when anti-social persons co-exist and interact with each other in a
confined environment over the period of incarceration, often resulting in strengthening of anti-social
cognitions and networks.
The transformational environment is developed by focusing on three dimensions:
1. People: Roles of staff in enhancing motivation, providing pro-social modelling and influencing
positive behavioural change;
2. Processes: Daily routines such as community meetings, reflective processing of Integrated
Criminogenic Program sessions or recreational activities which promote self-reflection and
enhance motivation relating to offender change; and
3. Programs: Structured interventions like the Integrated Criminogenic Program, as well as
vocational and family programs that target criminogenic factors and promote desistance.
The formation of a transformational environment that is conducive to offender change comes about
through the intentional efforts of effective pro-social role modelling by staff in conjunction with
processes and programs within the facility which maximise every opportunity to inspire offender
change.
Leadership
Critical to the operationalization of evidence-informed approaches is leadership support. The four
components that this paper discusses could only be given prominence because of the role of the
organizations leadership in recognizing their value in producing good outcomes. Leadership support
is thus important at various levels. Leadership at the strategic level (Commissioner of Prisons and
Superintendent of the PRC) and ground leaders amongst the correctional rehabilitation specialists
and psychologists espouse the same mission.
Given the diversity of staff and service providers involved in the regime, staff alignment at various
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Article 6: Operationalizing Evidence-Informed Principles in Reducing Recidivism


amongst High-Risk Offenders in Singapore
points along the intervention chain is important. As the saying goes, we can only be as strong as the
weakest link within the chain. Our alignment and unity is strengthened considerably through the
Singapore Prison Services vision that As Captains of Lives, we inspire everyone, at every chance
towards a society without re-offending. The key words inspire, everyone and every chance
are emphasised also in our rehabilitative operations where we intentionally create and seize every
learning moment within the Pre-Release Centre and in the community to inspire offender change.
Evaluation
Throughout the development and implementation phases of these core components of our evidenceinformed approaches, we allow ourselves to be guided by evidence be it evidence from the best
practices known in the corrections field or from our own research. To develop our evidence-informed
practice more completely, we also subject all that we have developed and implemented to the rigors
of objective evaluation. This includes both outcome and process evaluations. In all of our programs
and processes, we gather multi-point and multi-source data to measure our effectiveness. This process
is undertaken independently by a group of psychologists and correctional rehabilitation specialists
who were trained and certified by University of Cincinnati Corrections Institute (UCCI) to conduct
evaluation using the evidence-based Correctional Program Checklist (CPC). The Correctional Program
Checklist is a programme evaluation tool. It comprises two domains of measurement capacity and
content. It classifies programs according to the following categories of effectiveness - Highly
Fig. 2
Figure 2: Findings from the CPC evaluation of the Pre- Release Centre and its programmes.

Effective, Effective, Needs improvement and Ineffective. We have used the Correctional Program
Checklist to evaluate if the Pre-Release Centre and its programs adhere to principles of effective
intervention. Figure 2 shows the outcome of the CPC evaluation.
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Overall, the Pre-Release Centre was assessed to be in the effective range. That means it presents
with good potential to reduce recidivism. The Capacity area includes leadership, quality assurance
and staff characteristics. There is much room for improvement in this area and that means we
need to strengthen the foundation to ensure that we deliver evidence-based practices consistently
amongst staff and across time. The Content area includes offender assessment and characteristics
of intervention. The score in the Content area, particularly the ratings on the assessment component,
was substantially better than the Capacity area. The findings indicate that, though we are evaluated to
be in the effective category, we have room for improvement. What is especially heartening about this
evaluation instrument is that it informs us with clarity the areas in which we can make improvements.
Conclusion
It has been the Singapore experience that the use of an evidence-informed approach to guide
corrections will increase the likelihood of yielding good outcomes. The areas of application of evidence
include offender assessments and interventions, as well as the delivery of effective rehabilitative
operations by staff who are selected, trained and who use effective approaches in the rehabilitation of
offenders. Since its implementation in 2012, our approach has been yielding promising findings, with
significantly better one-year rates of recidivism as well as improvements in anti-social attitudes, lower
drug relapse rates and more stable accommodation patterns observed amongst offenders who were
put through the approach compared with a group of high-risk offenders who were not. Hence, in using
this approach, we get good outcomes and maximize the value we derive from the effective utilization
of limited resources.

LIST OF REFERENCES
Andrews, D.A., & Dowden, C. (2005). Managing correctional treatment for reduced recidivism: A meta
analytic review of program integrity. Legal and Criminological Psychology, 10, 173-187.
Andrews, D.A., Bonta, J., & Wormith,, J. S. (2004) Level of Service/Case Management Inventory (LS/
CMI): An Offender Assessment System, Users Manual. Toronto, Canada: Multi-Health System.
Andrews, D.A., Zinger, I., Hoge, R.D., Bonta, J.L, Gendreau, P., & Cullen, F.T. (1990). Does Correctional
treatment work? A psychologically informed meta analysis. Criminology, 28, 369-404.
Boer, D., Hart, S.D., Kropp, R. & Webster, C.D. (1997). Manual for the Sexual Violence Risk 20:
Professional Guidelines for Assessing of Sexual Violence. Vancouver: The Mental Health, Law and
Policy Institute.
Correctional Program Checklist (2005). University of Cincinnati Corrections Institute.
Douglas, K.S., Hart, S.D., Webster, C.D., & Belfrage, H. (2013). HCR-V3: Assessing risk of violence- User
guide. Burbaby, Canada: Mental Health, Law and Policy Institute, Simon Fraser University.
Effective Practices In Community Supervision (EPICS) (2008). University of Cincinnati Corrections
Institute.
Serin, R., Mailloux, D. and Wilson, N. (2010). Practice manual for use with Dynamic Risk Assessment for
Offender Re-entry (DRAOR) scale: Revised version. Unpublished manuscript, Carleton University,
Ottawa, Canada.

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Article 7: The Role of Positive Psychology in Offender Supervision

THE ROLE OF POSITIVE PSYCHOLOGY IN OFFENDER SUPERVISION


Yilma Woldgabreal
Department of Correctional Services South Australia and Deakin University,
Australia
and
Andrew Day1
Deakin University, Australia

Abstract
This paper reports the findings of an empirical study examining the relationship between offender
supervision outcomes and the self-reported assessment of positive psychological states. Scores on
a composite measure of positive psychological states were found to be inversely associated with
supervision outcomes and mediated the relationship between risk-needs and technical violations,
charges, reconvictions, and imprisonment. This suggests that interventions that promote states such
as optimism, hope, self-efficacy, and psychological flexibility may have a key role to play in effective
offender management.

Corresponding author email: andrew.day@deakin.edu.au

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Introduction
This paper reports the findings of a recent Australian research study which, we believe, connects
with one of the most fundamental aspects of correctional practice - the balance that should be struck
between strategies for managing risk through control and supervision, and those that help to equip
offenders with the skills and capabilities that they require to successfully desist from crime. Our
interest in this topic, as researchers, is in collecting evidence to establish whether or not supervision
practices that promote the psychological strengths of offenders can help to achieve key community
correctional outcomes, such as reducing the number of technical violations and new offenses. A
starting point for this, and the focus of this particular study, is to assess the extent to which
psychological strengths are related to the successful completion of community orders.
Offender supervision practices in most Anglophone nations have been strongly influenced by the
principles of risk-need-responsivity (RNR; Andrews & Bonta, 2010), with particular emphasis placed
on treatment providers and case managers addressing those factors that are known to causally
contribute to patterns of criminal behaviour (Bonta & Wormwith, 2013). These include substance
abuse, pro-criminal influences, anti-social attitudes, disengagement from employment or education,
and dysfunctional relationships. However, the evidence showing that these dynamic risk factors do
indeed change over the course of supervision is somewhat limited - partly, it has been suggested,
because of the limited or selective implementation of the RNR model but also because of an inability
to successfully incorporate ideas that draw upon more holistic approaches to offender management
(e.g., McNeill, 2012; Polaschek, 2012).
Further research in this area is particularly important given the generally high revocation rate for
those who are supervised in the community (Wodahl, Boman, & Garland, 2015). In Australia, for
example, almost half of probationers re-offend within 36 months of having a community-based order
imposed; over four out of ten parolees re-offend within 12 months of release (and two thirds within
36 months) and are re-imprisoned within two years (Australian Institute of Criminology, 2007; 2014).
Recidivism studies in the United States have also shown that about one third of probationers fail to
complete their probation (U.S. Bureau of Justice Statistics, 2013), and approximately half of parolees
will be reconvicted for new crimes and re-incarcerated (Veysey, Ostermann, & Lanterman, 2014).
Similar trends have been observed in England and Wales, with re-offending rates reported to be in
the region of 25 percent for probationers and 45 percent for parolees (England and Wales Ministry of
Justice, 2015).
Summary of Research
This study investigated the supervision outcomes of a group of 287 volunteer adult offenders (i.e.,
probationers and parolees) who were randomly recruited from a pool of approximately 800 offenders
who commenced community-based orders in an Australian jurisdiction between March and September
2012. The broad aim was to examine how an assessment of their existing psychological strengths
and capabilities to support a crime-free lifestyle might influence their supervision outcomes. If it can
be established that these characteristics do indeed impact on community supervision outcomes,
then there is a rationale for them to be routinely assessed as part of any classification process and to
develop case management interventions that directly aim to promote psychological strength.
The idea that practitioners should promote offender capabilities is, of course, explicit in all three of
the current frameworks that guide correctional practice, the Risk-Needs model of differentiated case
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management (Andrews & Bonta, 2010), the Good Lives focus on addressing human needs or primary
goods (Ward & Maruna, 2007), and more recent work in the area of desistance that highlights the
interaction between psychological issues of identity and the opportunities that exist in the community
to support a crime-free lifestyle (McNeill, 2006). However, the development of practice in this area
has, in our view, been somewhat restricted by a lack of empirical evidence to demonstrate that
offender strengths are directly associated with important correctional outcomes (see Netto, Carter, &
Bonell, 2014).
The methodology for the study involved importing some of the ideas developed in the field of
positive psychology into the corrections context. Positive psychology is a scientific and applied
approach to uncovering peoples strengths and promoting their positive functioning (Seligman, &
Csikszentmihalyi, 2000). It suggests that we should be just as concerned with personal strength as
we are with weakness, interested in building the best things in life and repairing the worst, and in
nurturing existing talent. Positive psychology developed largely as a reaction to the behavioral and
clinical psychology of the 1970s that focussed solely on the treatment of disorder and problematic
behavior. Proponents of positive psychology are more interested in concepts such as resilience and
well being, with empirical evidence accumulating over the past 10 years that demonstrates how these
characteristics are associated with improvement in physical/mental health, productivity and job
satisfaction, performance in sports, and functional relationships (Sheldon, Kashdan, & Steger, 2011).
In this study, offenders completed self-report measures of four positive psychology constructs
(psychological flexibility, general self-efficacy, optimism, and hope), and a scale to control for the
possibility of socially desirable responding (see Woldgabreal, Day, & Ward, in press for details).
Results of a confirmatory factor analysis revealed that the first-order positive psychology constructs
converge to form a higher-order construct, which was labelled Positive Psychological States
(PPS). This composite scale was then used in the subsequent analyses that sought to examine the
association between PPS, those on an actuarially based risk-needs instrument (routinely administered
to inform decisions regarding levels of supervision, rehabilitation needs and to predict recidivism),
and a range of community corrections supervision outcomes. The analysis reveals that PPS scores
mediate the relationship between risk and criminogenic need for all offender supervision outcome
variables. In other words, those offenders who reported heightened positive psychological states
were less likely to be breached, charged, reconvicted and imprisoned.
For the model in Figure 1 (below), criminogenic risk factors as measured by a risk/needs assessment
protocol, the Offender Risk Needs Inventory Revised (ORNI-R), significantly predicted the likelihood
of offenders being breached or facing technical violation whilst under supervision ( = .37, p < .001).
This total predictive association was significantly reduced when PPS was added as a mediator in
the model ( = .07, SE = .03, t = 2.52, p < .05, with a 95% bootstrap CI = [.01, .13]), indicating that PPS
significantly mediated the relationship between ORNI-R scores and subsequent technical violations.
The ratio of the mediation and total effect (.07 /.37 = .19) can be interpreted as an indirect effect. Put
simply, this means that offenders who reported heightened state of positive psychological states
were 19% less likely to be breached or face technical violation than those who reported lower levels
of positive psychological states during the 12 month follow up period.

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Fig. 1
Figure 1. The indirect or mediating effect of PPS on the relationship between ORNI-R and Breach or Technical
Violation. **p < .01. ***p <.001.

For the model in Figure 2 (below), the total predictive effect of ORNI-R scores on subsequent criminal
charges was significant ( = .24, p < .001). This reduced significantly when PPS was added into the
model as a mediator ( = .06, SE = .03, t = 2.31, p < .05, with a 95% bootstrap CI = [.01, .12]), indicating
that PPS was a significant mediator. The ratio of the mediated and total effects (.06 /.24 = .25) further
suggesting that offenders who reported heightened state of positive psychological states were 25%
less likely to be charged for new criminal offences compared to those who reported lower levels of
positive psychological states during the 12 months follow up period.
Fig. 2
Figure 2. The indirect or mediating effect of PPS on the relationship between ORNI-R and Criminal Charge. **p < .01.
***p <.001.

For the model in Figure 3 (below), the total predictive effect of ORNI-R scores on reconviction was
also significant ( = .24, p < .001). This total effect reduced significantly via the mediating effect of
PPS ( = .07, SE = .03, t = 2.60, p < .01, with a 95% bootstrap CI = [.01, .13]), indicating that PPS was a
significant mediator of the relationship between ORNI-R and criminal charge. The ratio of mediation/
total effects (.07 /.24 = .29) suggested that offenders who reported heightened state of positive
psychological states were 29% less likely to be reconvicted for new offences compared to those who
reported lower levels of positive psychological states during the 12 months follow up period.

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Fig. 3
Figure 3: The indirect or mediating effect of PPS on the relationship between ORNI-R and
Reconviction. **p < .01. ***p <.001.

For the model in Figure 4 (below), the total predictive effect of ORNI-R scores on imprisonment was
significant ( = .39, p < .001). This total effect was reduced significantly via the mediating effect of PPS
( = .07, SE = .03, t = 2.44, p < .05, with a 95% bootstrap CI = [.01, .13]), indicating that PPS was a
significant mediator of the relationship between ORNI-R and imprisonment. This means that offenders
who reported heightened state of positive psychological states (.07 /.39 = .18) were 18% less likely to
Fig. 4
Figure 4. The indirect or mediating effect of PPS on the relationship between ORNI-R and Imprisonment. **p < .01.
***p <.001.

be imprisoned compared to those who reported lower levels of positive psychological states during
the 12 months follow up period. Importantly, these findings put together imply that interventions that
promote positive psychological states may have a key role to play in effective offender management.
While the aforementioned figures clearly show the indirect effect that PPS has on the relationship
between criminogenic risk factors and all offender supervision outcomes, we also tested the specific
indirect effect of each dynamic positive psychological state. Our mediation models for psychological
flexibility, general self-efficacy, and hope partially mediated the relationship between criminogenic
risk factors and all indicators of offender supervision outcomes. Optimism did not have any mediating
effect with all supervision outcome variables, but did contribute to the total indirect effects (see
Appendix A).
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Conclusion
Of course, further studies are required to both replicate and extend these findings. However, in our
view, these data provide the basis for developing a conceptual framework that explicitly incorporates
an understanding of psychological strength into the risk management process. This would open the
way for practice developments that have the potential to be more engaging for correctional clients
(given the focus on abilities rather than deficits) and more effective. However, it would be premature
to offer suggestions on what this practice might look like. While our assumption is that this would
involve the increased delivery of interventions such as motivational interviewing to enhance
positive psychological states in supervisees, these findings could also be used to reducing access
to community based services to those offenders who do not possess resilience, optimism, hope, and
self-efficacy. It would also seem important to examine how positive psychological states change over
time, including the time before and during imprisonment as well as post-release. The results of this
study highlight the importance of establishing that all correctional interventions promote, rather than
diminish, these states.
Our final observation relates to the considerable diversity currently exists in how community
corrections officers approach their work. Many appear to struggle to implement strengths-based
approaches in their practice (Bonta, Rugge, Scott, Bourgon, & Yessine, 2008), even though the casework components of community supervision appear to be highly valued (Day, Hardcastle, & Birgden,
2012). A practice approach that clearly articulates how the promotion of positive psychological states
can encourage offenders to take advantage of opportunities to lead crime-free lifestyles will, we
suggest, help to improve supervision outcomes. While this idea needs to be thoroughly tested, as
Doris Layton MacKenzie (2006) has observed, it may be that it is simply not enough to provide people
with opportunities unless they are cognitively prepared to take advantage of them.
LIST OF REFERENCES
Australian Institute of Criminology (2007). Recidivism in Australia: findings and future research (AIC
Publication No. 80). Retrieved from http://www.aic.gov.au/media_library/publications/rpp/80/
rpp080.pdf
Australian Institute of Criminology (2014). Trends & issues in crime and criminal justice: Parole
supervision and reoffending (AIC Publication No. 485). Retrieved from http://www.aic.gov.au/
media_library/publications/tandi_pdf/tandi485.pdf
Andrews, D. A., & Bonta, J. (2010). Rehabilitating criminal justice policy and practice. Psychology,
Public Policy, and Law, 16, 3955.
Bonta, J., Bourgon, G., Rugge, T., Scott, T. L., Yessine, A. K., Gutierrez, L., et al. (2010). The Strategic
Training Initiative in Community Supervision: Riskneedresponsivity in the real world (research
report). (Retrieved 4 June, 2012, from Public Safety Canada website: www.publicsafety.ca/res/cor/
rep/_fl/2010-01-rnr-eng.pdf)
Bonta, J., Rugge, T., Scott, T. -L., Bourgon, G., & Yessine, A. (2008). Exploring the black box of
community supervision. Journal of Offender Rehabilitation, 47, 248270.
Bonta, J., & Wormwith, S. (2013). Applying the risk needs responsivity principles to offender
assessment. In C. A. Leam, L. Dixon,& T. Gannon (Eds.),What Works in Offender Rehabilitation (pp.
7193). Chichester: Wiley and Sons.
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Day, A., Hardcastle, L., & Birgden, A. (2012). Case management in community corrections: Current
status and future directions. Journal of Offender Rehabilitation, 51, 484495.
England and Wales Ministry of Justice. (2015). Prisons and Probation. Retrieved from

https://www.gov.uk/government/organisations/ministry-of-justice/about/statistics
Farrall, S. (2002). Rethinking What Works with Offenders: Probation, Social Context And Desistance
from Crime. Cullompton: Willan.
MacKenzie, D. L. (2006). What works in corrections reducing the criminal activities of offenders and
delinquents. Cambridge: Cambridge University Press.
McNeill, F. (2006). A desistance paradigm for offender management. Journal of Criminology

and Criminal Justice, 6, 3962.
McNeill, F. (2012). Four forms of offender rehabilitation: Towards an interdisciplinary

perspective. Legal and Criminological Psychology, 17, 18-36. doi:10.1111/j.2044 8333.2011.02039.x
Netto, N. R., Carter, J. M., & Bonell, C. (2014). A systematic review of interventions that adopt the Good
Lives approach to offender rehabilitation. Journal of Offender Rehabilitation, 53, 403-432.
Polaschek, D. L. L. (2012). An appraisal of the riskneedresponsivity (RNR) model of offender
rehabilitation and its application in correctional treatment. Legal and Criminological Psychology,
17, 1-17. doi:10.1111/j.2044-8333.2011.02038.x
Seligman, M. E. P., & Csikszentmihalyi, M. (2000). Positive psychology: An introduction. The American
Psychologist, 55, 514.
Sheldon, K. M., Kashdan, T. B., & Steger, M. F. (2011). Designing positive psychology. New York, NY:
Oxford University Press.
U.S. Department of Justice, Bureau of Justice Statistics. (2013). Probation and parole in the United
States in 2012 (BJS Publication No. 243826). Retrieved from http://www.bjs.gov/content/pub/pdf/
ppus12.pdf
Veysey, B. M., Ostermann, M., & Lanterman, J. L. (2014). The effectiveness of enhanced parole
supervision and community services: New Jerseys serious and violent offender re-entry initiative.
The Prison Journal, 94, 435-453. doi: 10.1177/0032885514548007
Ward, T., & Maruna, S. (2007). Rehabilitation: Beyond the risk paradigm. London: Routledge.
Wodahl, E. J., Boman, J. H., & Garland, B. E. (2015). Responding to probation and parole

violations: Are jail sanctions more effective than community-based graduated

sanctions? Journal of Criminal Justice, 43, 242-250.
Woldgabreal, Y., Day, A., & Ward, T. (in press, accepted 04/10/15). Linking Positive Psychology to
offender supervision outcomes: The mediating role of psychological flexibility, general selfefficacy, optimism, and hope. Criminal Justice and Behavior.

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Appendix A

Table 1 :Specific Indirect Effects for the Four Positive Psychology Mediating Variables (N=287).
Note. AAQ-II= acceptance & action questionnaire II; GSE=general self-efficacy scale; LOTR=life orientation
test-revised; SHS=state hope Scale; ORNIR=offender risk needs inventory-revised. Standardised indirect effects
corresponding to confidence intervals that do not include zero are statistically significant.

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VIEWS AND
COMMENTARIES

Advancing Corrections Journal: Edition #1-2016

WIDENING THE SCOPE OF THE PRINCIPLE OF NORMALITY


Marianne Vollan1
Director General, Directorate of Norwegian Correctional Service

Abstract
On the 22nd of July 2011 a solo terrorist in Norway killed 77 people, mainly juveniles. After such
a tragic terrorist attack - how is it possible to bring the community, victims and the offender back
to normality? Victims have had their lives turned around. The core values of the society have been
severely challenged, and the offender in question will have a long, maybe life-long sentence to serve.
With the correctional normality concept as a starting point, this paper looks at three dimensions of
the issue: Society, victim and offender. Furthermore, the paper reflects on what lessons Norwegian
society has learned after the attack?

Introduction
This paper reflects on the issue of whether correctional services can accommodate their management
of violent extremists to remain consistent with the principle of normality; a principle that is at the
core of the correctional process we have aspired to create (and wish to preserve) in Norway. The
paper begins with a brief description of a recent, well-publicized attack on the security of Norway. The
paper then moves to a discussion of the correctional normality concept and tries to assess whether
this concept is still valid when the offender has conducted extremely grave and abhorrent criminal
actions. Finally, the paper addresses whether the concept of normality can also be applied to victims
and to the community at large. The paper ends with answering the emerging question of whether we
perhaps need a more balanced focus on radicalisation and violent extremism.
The attacks and the terrorist
On the afternoon of 22 July 2011, a 32-year old Norwegian perpetrated a massive attack in the
Government District in Oslo with a bomb placed in a car outside the Ministry of Justice, where the
Prime Ministers office was also situated. Eight persons were killed, and many others were severely
injured. Afterwards, he continued his terrible attack by shooting mainly juveniles, 69 lethally and
injuring many more, at a Labour Partys Youth League summer camp on the island of Utya. The
terrorist was sentenced to preventive detention for a term of twenty-one years and with a minimum
period of ten years. Consistent with Norwegian legislation, the detention can be prolonged as many
times as necessary if the individual continues to pose a major risk to society.
The principle of normality
The principle of normality in Norway states that life under execution of sentences should resemble
life in general as far as possible. But how can this principle of normality be dealt with under the
execution of a very lengthy sentence? The penalty is the deprivation/limitation of liberty, and other
rights should be observed as much as possible. But does this apply to all offenders? Should a

Solheimsgata 21, 2000 Lillestrm, Norway marianne.vollan@kriminalomsorg.no

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convicted terrorist be permitted to study, to interact with other inmates, and to the extent that it can
be permitted, allowed to communicate with the world outside the prison gates? Radicalization is not
only about ISIS and al-Qaida. Violent extremism is the common thread.
It is obvious that in these circumstances of dealing with violent extremism, the principle of normality
in corrections deserves to be examined. The most common definition is: Life in prison shall
approximate as closely as possible the positive aspects of life in the community (The Council of
Europes recommendation on Prison Rules (2006) part 1 number 2)1. There are some other principles
that are related to and support the principle of normality, especially the principle of equal rights:
Persons deprived of their liberty retain all rights that are not lawfully taken away by the decision
sentencing them or remanding them in custody2.
These definitions of normality imply that the normal life of an offender may differ from the general
populations normality for example, in terms of health issues, employment, drug addiction, relations,
etc.
The principle of normality is valid per se because it supports a humane approach in the execution of
sentences. The penalty shall be felt as a penalty, but still being executed in a way that reduces the
negative impact of being incarcerated. As earlier stated, the normality concept is closely linked to the
principle that deprivation of liberty is the actual penalty, and that other rights are to be observed as
much as possible.
Offenders should be seen as citizens, with the same individual rights as other citizens except the right
to liberty; that is, for instance, that they should retain right of access to society in terms of voting
rights, media access, organizational rights; access to public services like health, school, social benefits,
etc.; and the right to execute basic elements of a private life, in terms of family life and religion.
Second, the principle of normality can also be seen as a measure that serves to ensure safer release.
The smaller the difference between life inside and outside prison, the easier should be the transition
from prison to freedom.
Supporting the principle of normality means organizing a daily routine in prison that, as far as
possible, reflects daily activity in society outside the walls. The ambition is that the prison can be
a training arena for the mastering of life skills. The vocational and employment training should be
conducted in a more realistic manner and this challenges our workshop philosophy, because we
need to be more in line with what type of working skills might be required in todays society, and not
only offer yesterdays kind of occupations.
During the 2015 ICPA conference in Melbourne, an example shared from a presentation from South
Africa was deeply impressive: The prisoner learned how to handle a sewing machine, and he was later
given the machine to take home after release, turning out to be the sewer of the village after that. This
1

The Council of Europes recommendation on Prison Rules, part 1 number 2 (2006). Available at https://wcd.coe.int/
ViewDoc.jsp?id=955747 (accessed on: 21.12.2015).

The Council of Europes recommendation on Prison Rules, part 1 number 5 (2006). Available at https://wcd.coe.int/
ViewDoc.jsp?id=955747 (accessed on: 21.12.2015).

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is clearly consistent with the principle of normality and obviously good reintegration!
Citizens also have duties. In that respect too, the employment workshops can be training arenas:
Offenders should be responsible for making appointments with their employer, like asking for
permission to go to the doctor and so on. The offender should also pay bills and buy food; in short
practicing in being a citizen responsible for his or her own life. This is a way of bringing the concept of
a normal society into corrections, and to prepare for a safer release.
Limitations to normality
Now what does all this mean when the person in question is sentenced for serious terrorist actions
and the court has found that he proves a major danger to society? In the Norwegian case, the
terrorist was sentenced to preventive detention for a term of twenty-one years and a minimum period
of ten years. The detention can be prolonged as long as he poses a threat to society. Life sentences do
not exist in Norway.
The answer is that the principle of normality has limits. Security reasons can obviously be a limitation.
We cant compromise with the safety for the public, the victims, the staff, the offender himself, and
the co-inmates. So in the case of the convicted terrorist, he will have a daily life quite different from
yours and mine. But the exceptions from the principle must be argued for, not the opposite.
For instance, we recently had a debate in the public when this offender wanted to study political
science and applied to the University of Oslo. His application was assessed according to normal
procedure, and as he met the requirements, he was taken up as a student. Security reasons, however,
do not allow him to study outside the prison.
Security reasons may also lead to less interaction with other inmates. In these rare cases we must
look for alternative, meaningful interaction with others to reduce the negative impact that can be
interaction with correctional staff or representatives from other professions. In the Norwegian case,
the question of whether the lack of interaction with other inmates is torture, will be tried before our
courts very soon.
A limitation of another sort is of course the architectural limitations of most prisons. We encourage
the offenders to pursue hobbies and participate in sports, but if your favourite is parachuting or
scuba-diving, there might be some limitations as to at least the frequency of engaging in such
activities. But we have examples of offering horse-back-riding as an activity under a preventive
detention-regime; here the horse was brought into the prison area.
It is paramount to take the principle of normality into account when building new facilities. These
facilities should allow for self-household, ample areas for meaningful activity, and take into account if
there are special needs for the particular group of inmates. On that note, I was impressed with what
I learnt during the ICPA conference 2015 regarding what is practiced in a number of jurisdictions to
meet the normality of indigenous people in terms of design and architecture (see Grant 2016, this
issue of Advancing Corrections).
A third limitation could be due to the staffs working conditions for instance the question on
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smoking in cells. This is a dilemma. In Norway we see the cell as the inmates home, and it is in line
with the principle of normality to let them smoke there. On the other hand, staff should work under
safe and healthy conditions. We allow smoking today, but we are discussing a change, and our closest
neighbour in the east, Sweden, has reported good results of a ban on smoking. The question of
smoke-free prisons, I assume, will be an ongoing debate in many of our countries in the years to come.
To sum up: the principle of normality is valid also when the offender falls under the scope as high
risk, but due to the restrictions that may prove necessary, the everyday-life during the serving of a
sentence may be less similar to the life outside the walls than in other cases.
In the particular terrorist case, which is a trauma for the whole nation, it has been paramount for our
service and also other parts of the society to hold on to our values. The principle of normality
reflects these values.
Normality for victims?
Our service has so far been too little focused on the victims of crime. This terrorist attack was very
spectacular, if I may use such a phrase. And many victims have told their story and given insight
in what is important for them in their process. For example, who gives victims of rape and domestic
violence a voice?
Can some of the elements from the principle of normality be relevant also for the reintegration of
victims?
There were many very young victims of the terrorist attack, with severe physical and psychological
injuries. As in corrections, it was important to start the normalizing process as soon as possible and
involve all relevant public services school and health being particularly important. There will be
evaluations of and research into the processes and caretaking. The National Support Group for the
Victims of the 22 July Attacks has repeatedly been critical in asking whether the victims and relatives
have received adequate help from the authorities. In September 2015 they advocated that a national
inquiry should be conducted into how the municipalities have spent the allocated money. It was
argued that, in their opinion, there were considerable differences in how well the municipalities had
fulfilled their obligations. It is also worth mentioning that the Norwegian Centre for Violence and
Traumatic Stress Studies is currently conducting four different studies on surviving victims of the
terrorist attacks.
What can we do in corrections to contribute to a normalized day for victims? I see at least four focus
areas. As a start, we can invite victim organisations to a dialogue and listen to victims needs. We
should be aware of the consequences our decisions may have for the victims and give them notice
prior to implementation. Furthermore, we should assess the consequence for victims when deciding
where a person should work etc. while serving the sentence. Not least, we can offer and facilitate for
restorative processes but these processes can never be forced upon anyone.
Normality for the community?
Victims are a part of the community but what about society in general, how can we get back to
normal in the aftermath of acts that have had such fatal consequences, with the intent to create fear
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and chaos?
In Norway, the citizens reacted to the terrorist act by taking to the streets in the days following the
attack. There were rose parades, but also anger and a strong sense of disbelief. In the time after the
attack, there were widespread discussions concerning public security, whether freedom of speech is
absolute and the legitimacy of forensic psychiatry.
What lessons has the Norwegian society learned after the attack? The most important lesson is
the importance of staying true to our values, including guaranteeing a fair trial. Our answer after the
attack was more democracy, more openness, and to protect and enhance those values that were
threatened and attacked. In short: Act as normal as possible. After the terrorist attack, there has been
a thorough examination of what went wrong and widespread discussions concerning public security. It
will go on for many years to come!
How can corrections contribute to normalizing of the community after terrorist attacks? As already
mentioned, stick to the values. Dont give the terrorists what they want chaos and fear. Treat the
offenders as normal for offenders posing a similar risk. Dont make them too special! We should be
as open and transparent as possible about our work, but of course be in line with the confidentiality
regulations. We should inform the public about our working methods. The vast majority of offenders
are NOT dangerous, and they are to be reintegrated as fast as possible. My experience is that the
public understands that we have to treat offenders differently according to risk level. In short: Be
professional!
Radicalization/violent extremism what is new?
There were many presentations on this topic during the 2015 ICPA conference in Australia, all
interesting and valuable. I simply want to make a few comments.
First, radicalization is not only about ISIS and al-Qaida. Norway experienced an attack from a soloterrorist with an extreme right-wing political stand-point. So: Violent extremism is the common thread.
Second, the ongoing focus is necessary and valuable we seem to be turning every stone and looking
persistently for tools in corrections to contribute both in detecting and preventing radicalization and
violent extremism. I am certainly not advocating against this approach, and I pursue new strategies
as well, but I believe that we should value the everyday-work that is done by qualified staff. Even if
terrorist attacks have spread and increased, handling of offenders posing risk to society is not new. A
balance must be struck between a general, normal approach on the one hand and a special approach
on the other a dilemma again!
I believe the principle of normality must be applied also in these cases of violent extremism so that
we can stand by our fundamental value that freedom of speech and thought is a right that is not taken
away from the convicted person, even if we dont approve of their attitudes. We should protect the
convicted persons rights and at the same time detect and prevent those actions that constitute a risk
to our democracy.
Life in corrections is to handle dilemmas!
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Article 9: Implementing Human Rights in Prison

IMPLEMENTING HUMAN RIGHTS IN PRISONS


Bronwyn Naylor1
Associate Professor, Faculty of Law, Monash University, Victoria, Australia

Abstract
The management of prisons includes protecting the human rights of prisoners. This article examines
the practicalities of implementing human rights in prisons. Drawing on the authors Australian and
comparative research, the paper outlines relevant human rights principles, considers the capacity of
prisons to incorporate human rights considerations into their routine management, and identifies the
role of monitoring bodies in the proactive oversight of the prison environment.

Introduction
It is generally recognised that human rights laws apply in prisons, and many countries have
human rights acts that are applicable to the running of prisons. This article discusses some of the
challenges in implementing human rights principles in prisons. It begins by outlining key human
rights laws applicable to prisons. It identifies some of the practical challenges of incorporating
human rights compliance in the management of prisons, and finally offers a brief examination of the
important role of external monitoring in implementing rights in prisons.
Human rights laws and prisons
It is now formally accepted that, when people are imprisoned as punishment for committing an
offence, the punishment is loss of liberty: they are not to be further punished by harsh conditions,
lack of facilities, humiliation or violence. This means that people in prison retain all their human
rights other than those whose limitation is demonstrably necessitated by the fact of incarceration
(UN Basic Principles for the Treatment of Prisoners 1990 Principle 5). The following outlines some
of the important human rights principles relevant to prisons, and how these principles have been
applied by the courts.
Rights of most relevance to prisoners include the negative right not to be subject to torture or cruel,
inhuman or degrading treatment or punishment (ICCPR art 7; CAT arts 1 and 16; CRPD art 15) and the
positive right of people deprived of their liberty to be treated with humanity and with respect for
the inherent dignity of the human person (ICCPR art 10(1)). Other important rights for people held in
detention include the right to life, the right to liberty and security of the person, to equality before the
law, to privacy, and the protection of family and children.
The central rights not to be tortured or subjected to cruel, inhuman or degrading treatment are
spelt out in the UN International Convention on Civil and Political Rights (ICCPR), the Convention
against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment 1987 (CAT) and the
1

Address: Law Faculty, 15 Ancora Imparo Way, Monash University, Victoria 3800 Australia Contact email: Bronwyn.
naylor@monash.edu

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Convention on the Rights of Persons with Disabilities 2006 (CRPD). Most countries in the world are
signatories to these three treaties. These and the other civil and political rights to life, to liberty, to
equality before the law, to privacy and to the protection of family - are also reflected in the European
Convention on Human Rights (incorporated into the UK Human Rights Act 1998), and in Australia in the
Victorian Charter (Charter of Human Rights and Responsibilities Act 2006) and the Australian Capital
Territory Human Rights Act 2004.
Also of importance to prisoners and prison management are international statements of principles
such as the UN Basic Principles 1990 and the recently significantly updated Standard Minimum
Rules (SMRs). The SMRs were first published in 1957; recognising that human rights debates have
advanced considerably since then, the SMRs have been very newly reworked, and renamed the
Mandela Rules (2015). The SMRs now restate the fundamental prohibitions on torture and inhuman
treatment and emphasise that imprisonment is itself the punishment and should not carry additional
pains:
Rule 1. All prisoners shall be treated with the respect due to their inherent dignity
and value as human beings. No prisoner shall be subjected to, and all prisoners
shall be protected from, torture and other cruel, inhuman or degrading treatment or
punishment
Rule 2.1. The present rules shall be applied impartially. There shall be no
discrimination on the grounds of race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or any other status. The religious
beliefs and moral precepts of prisoners shall be respected.
Rule 3. Imprisonment and other measures that result in cutting off persons from
the outside world are afflictive by the very fact of taking from these persons the
right of self-determination by depriving them of their liberty. Therefore the prison
system shall not, except as incidental to justifiable separation or the maintenance of
discipline, aggravate the suffering inherent in such a situation.
The SMRs also provide guidelines on issues including accommodation, food, clothing, hygiene, health
care, file management and security categories.
These international principles are not themselves legally binding but can be embodied in national
guidelines. It will be important for governments, and corrections agencies, to review the new
Mandela Rules and work to embody their principles in everyday practice. Approaches to the practical
implementation of rights in correctional management are discussed briefly later.
People in prison can experience potential rights violations in relation to such things as the physical
conditions of detention, practices of control and restraint, contact with family members, access to
medical care, access to education, and abuses of power: all these may then be exacerbated where the
prison is overcrowded, as is the case in many prisons worldwide. The authors Australian research
found, consistent with other international research, that prisoners first concern was being treated
with respect and dignity; the most common issue they identified when they used human rights
language was the right to protection from inhuman and degrading treatment. Next most commonly
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raised were family contact, healthcare, privacy and overcrowding (Naylor 2014; Liebling 2011).
Enforcement of human rights laws
How are these rights actually enforced? It is often said that there is no right unless there is a remedy:
the question therefore is whether there are ways for prisoners to enforce these rights. The answer
depends on the rights instrument being relied on, and the provision made by the relevant country.
For example, violations of the ICCPR by a state party can be raised in a complaint to the UN Human
Rights Committee, which can provide a view on the merits, but which cannot itself require the
relevant country to provide a remedy. Australian national governments have to date, on the whole,
not accepted views adverse to their actions in relation to detention. The only Australian complaint
brought by a prisoner was one involving a 16 year old Aboriginal boy with a mild intellectual disability,
who was held for a period in isolation under harsh conditions. The UN HRC found violation of the
right to humane treatment (ICCPR art 10) and of the rights of the child (ICCPR art 24(1)); the Australia
government however rejected this view, stating that it did not accept that there had been a violation
(discussed in Naylor et al, 2015, 220, 230)1.
Equivalent rights embodied in the European Convention on Human Rights can be addressed by the
European Court of Human Rights, or by UK courts under the UK Human Rights Act 1998 (which
incorporates the ECHR). These courts can order redress if they find that there has been a violation
These civil and political rights are incorporated in domestic law in two Australian jurisdictions:
Victoria and the Australian Capital Territory. In the Australian Capital Territory there is a right to
seek a remedy in court but in Victoria the enforcement is less direct. Under the Charter s.38(1) public
authorities are required to act consistently with the Charter, but any violation can only be redressed
in court where it can be linked to a separate action. For example a prisoners access to IVF was
confirmed by the Victorian Supreme Court in a 2010 case based on the Victorian Corrections Act 1986
right to reasonable medical treatment, along with the right to humane treatment under s.22 of the
Charter (Castles v Secretary to the Department of Justice & Ors [2010] VSC 310: discussed in Naylor
2014).
Having outlined some of the main rights principles, and the ways in which they may be enforced, it
should finally be noted that rights can be subject to justifiable limitations. The Victorian Charter has
a very broad limitation provision, stating in s.7(2) that all rights may be subject to such reasonable
limits as can be demonstrably justified The ICCPR has a narrower provision, for general limitations
in the event of a public emergency (ICCPR Art. 4(1)), and some individual rights have specific
limitations, but the international instruments also identify some key rights such as the right not
to be tortured, as non-derogable (see article 4(2) ICCPR), that is, rights that cannot be subject to
restrictions.
In summary then, there are a range of rights which are important for protecting people in detention;
there are also lawful limits on these rights. And there is then the central question of how the idea of
rights and humane treatment fits with holding people in detention as punishment. In fact the human
rights cases recognise that some loss of rights is inevitable (beyond mere liberty). This point will
be taken further, in the following discussion of how the courts in practice deal with claims of rights
1

Human Rights Committee, Views: Communication No 1184/2003, 86th sess, UN Doc CCPR/C/86/D/1184/2003 (27 April
2006) (Brough v Australia).

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violations in prisons.
Prison human rights and the courts
The courts have accepted that imprisonment is, simply in itself, likely to be experienced as cruel,
inhuman and degrading, and have stated that this does not of itself violate prisoners rights. The
European Court of Human Rights has stated that for punishment or treatment to be inhuman
or degrading, the suffering or humiliation involved must go beyond that inevitable element of
suffering or humiliation connected with a given form of legitimate treatment or punishment (Frerot
v France [2007] ECHR App No. 70204-01 para 35; see discussion in Van zyl Smit and Snacken 2009,
365-369).
So what conditions in detention have been held to amount to such a violation? Overcrowding, lack
of access to air and light, and poor sanitary arrangements have (as illustrations) all been found to
amount to inhuman or degrading treatment or punishment, that is, to breach article 3 of the ECHR,
which is equivalent to ICCPR article 7 and Victorian Charter s.10. For example where a Scottish
prisoner shared a cramped, stuffy and gloomy cell which is inadequate for the occupation of two
people for at least 20 hours on average per day, without overnight access to a toilet, this was held
to amount to degrading treatment, that is, treatment which was such as to diminish his human
dignity and to arouse in him feelings of anxiety, anguish, inferiority and humiliation (Napier, Re
Petition for Judicial Review [2004] ScotCS 100, para 75). This assessment will be relative to for
instance the length of time the treatment persisted, and the effect on the prisoner given their age,
health and so on. Individual instances of degradation alone, for example, tend not to be regarded as
severe enough to amount to a rights breach (Naylor et al, 2015; Naylor 2014)
Incorporating human rights into correctional practice
Since prisoners do retain their human rights, the question for corrections providers is how these
are to be protected in practice. In the authors Australian research with correctional management,
government officials and staff, key issues raised have included the need for full reviews of, and
amendment to, legislation and policies, effective training, balancing interests and addressing staff and
community expectations, and identifying practical tools for implementation.
Senior managers highlight the importance of providing information, effective education and practical
training related to day-to-day practices, with a constructive focus on ways of maximising rights.
This research also highlighted the complex balancing issues that can be involved, for example
between maintaining safety of staff and other prisoners (for instance with blood testing in prisons)
and protecting an individual prisoners rights. As another example, balancing is always involved in
choosing what services to provide to which prisoners, where there are infrastructure and resource
limitations.
Prison providers also face different community expectations. Communities have positive expectations
that prisons will release rehabilitated prisoners, and this motivates management and staff to support
prisoners with education and training, and with appropriate treatments. At the same time there can
be negative community expectations of prisons as a place of deprivation which should not provide
greater entitlement to people sentenced to custody.

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Practical tools for implementing rights into daily correctional practice are essential and include
manuals, guides and audit instruments (for example International Centre for Prison Studies, 2009).
Andrew Coyle emphasises the relevance and usefulness of human rights as the best model for prison
management:
The vehicle I have used for that is the compendium of international human rights
standards. I have felt confident in doing that because in so many countries, east and
west, north and south, the response that I have had from first line staff has been,
That makes sense to us; we can relate that to our daily work (Coyle 2013).
External monitoring to protect human rights
As the final point, external monitoring of closed facilities such as prisons provides a separate form of
rights protection. The secure and closed nature of these facilities inevitably gives rise to the risk of
abuse, irrespective of good intentions of government and management. External monitoring by an
independent agency opens the closed environment to the public gaze.
Monitoring is internationally regarded as a vital part of rights protections and is often carried out,
for example, by Ombudsman offices, Prisons inspectorates, and civil society visiting bodies. To be
effective in protecting the rights of detainees, and maintaining accountability, the monitoring body
must have the expertise to inspect the facility, and the authority to talk to all relevant people and to
present a public report and recommendations. Monitoring bodies usually have no separate power of
enforcement, but monitoring will ideally prevent rights abuses; it should at least discover and report
publicly on abuses.
The gold standard monitoring structure is provided by the UN Optional Protocol to the Convention
Against Torture (OPCAT). The OPCAT is intended to operationalise the prohibition against torture
and cruel and inhuman treatment, discussed earlier as the central right for people held in detention.
Countries ratifying OPCAT are agreeing both to establish a comprehensive structure of independent
domestic monitoring bodies (NPMs - National Preventive Mechanisms), and to allow an international
UN body, the SPT (Subcommittee for the Prevention of Torture), to visit the country and support the
work of the domestic monitoring bodies. The most important features of this optimum monitoring
program are that the monitoring bodies are fully independent of government, have powers to visit
prisons and other places of detention with or without giving notice, are given full access to documents
and people, and can report publicly on their findings. Currently 80 countries have ratified OPCAT.
Most countries that have ratified OPCAT including the UK and New Zealand - have nominated
existing monitoring bodies to take on the role of NPM (such as Ombudsman offices, Human Rights
Commissions and Prisons Inspectorates) (Naylor 2014). A decision to ratify and follow this path
therefore requires the government to review the current powers and structures of these bodies to
ensure they are fully independent and have the powers for truly effective monitoring of the rights of
people in detention (HM Inspectorate of Prisons 2015).
Conclusion
People are imprisoned as punishment, not for punishment. They retain all their human rights unless
loss or modification is essential for maintaining secure custody. What does this mean for governments
and prison management? This paper has outlined some key factors in implementing rights in prisons:
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formal legal instruments; steps by which prison management put rights into their daily practices;
and independent external monitoring. Each of these facilitates more humane prison regimes, prison
regimes which are consistent with the international expectations of the recognition of the human
rights of prisoners, as of all citizens.
LIST OF REFERENCES
Council of Europe, Convention for the Protection of Human Rights and Fundamental Freedoms (1950)
Available at: http://www.echr.coe.int/Documents/Convention_ENG.pdf (accessed on 18 December
2015)
Coyle, Andrew (2013) Human Rights and Prison Staff Presentation on 11 December 2013, International
Centre for Prison Studies: http://www.prisonstudies.org/news/human-rights-training-courselaunched-prison-staff
HM Inspectorate of Prisons (2015) Sixth Annual Report of the United Kingdoms National Preventive
Mechanism Cm 9160 London, England. http://www.nationalpreventivemechanism.org.uk/wpcontent/uploads/2015/12/NPM-Annual-Report-2014-15-web.pdf
International Centre for Prison studies (2009) A HR Approach to Prison Management: Handbook for
Prison Staff http://www.prisonstudies.org/research-publications?shs_term_node_tid_depth=10.
Liebling, Alison (2011) Moral Performance, Inhuman and Degrading Treatment and Prison Pain
Punishment and Society 13(5), 530-550
Naylor, B. (2014) Human Rights and Respect in Prisons: the Prisoners Perspective in B.Naylor,
J. Debeljak and A. Mackay (eds) Protecting Human Rights in Closed Environments (pp84-124)
Melbourne, Australia: Federation Press
Naylor, B. (2015) Researching Human Rights in Prisons International Journal for Crime, Justice and
Social Democracy, 4(1), 79-95.
Naylor, B., Debeljak, J., & Mackay, A. (2015) A Strategic Framework For Implementing Human Rights In
Closed Environments Monash University Law Review 41(1) 218-270.
United Nations Basic Principles for the Treatment of Prisoners 1990 Available at: http://www.ohchr.
org/EN/ProfessionalInterest/Pages/BasicPrinciplesTreatmentOfPrisoners.aspx (accessed on 18
December 2015)
United Nations International Covenant on Civil and Political Rights (1976) Available at: http://www.
ohchr.org/en/professionalinterest/pages/ccpr.aspx (accessed on 18 December 2015)
United Nations Optional Protocol to the Convention against Torture and other Cruel, Inhuman
or Degrading Treatment or Punishment (2006) Available at: http://www.ohchr.org/EN/
ProfessionalInterest/Pages/OPCAT.aspx (accessed on 18 December 2015)
United Nations Standard Minimum Rules for the Treatment of Prisoners http://www.un.org/ga/
search/view_doc.asp?symbol=A/C.3/70/L.3 (Accessed on 18 December 2015)
Van Zyl Smit, Dirk and Snacken, Sonja (2009) Principles of European Prison Law and Policy: Penology
and Human Rights Oxford, England: Oxford University Press

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Article 10: Investigation into the Rehabilitation and Reintegration of Prisoners In


Victoria

INVESTIGATION INTO THE REHABILITATION AND REINTEGRATION OF


PRISONERS IN VICTORIA1
Deborah Glass
Ombudsman, State of Victoria, Australia
Introduction
This paper presents some of the views of the Office of the Ombudsman in the State of Victoria in
Australia, especially as they pertain to a recent investigation into the rehabilitation and reintegration
of prisoners in Victoria.
The Victorian Ombudsman has responsibility for over 1000 government departments and bodies,
yet one of those agencies stands head and shoulders above the others in the amount of time and
attention it commands from the states independent adjudicator. That agency is Corrections Victoria,
which manages the Victorian prison system. The Corrections, Justice and Regulation portfolio is
the subject of more complaints than any other portfolio at the Ombudsmans office. It was in this
context that I launched, and in September 2015 tabled, my investigation into the rehabilitation and
reintegration of prisoners in Victoria.
For a comparator, the Victorian Ombudsman gets more complaints about the states prisons than it
does local councils. Last year, the office received 2,903 complaints about prisons: on a range of issues
including lost property, health services, access to programs and assaults in custody.
Why do prisons, and the people inside them, make up the single largest cohort of complainants to
the Victorian Ombudsman? One reason is simple: there are dedicated free call phone lines to the
Ombudsmans office in every prison in the state. Another reason is more prosaic: it has always been
thus. In the Ombudsmans very first annual report 41 years ago, the first Victorian Ombudsman, Sir
John Dillon said: I was surprised at the large number of complaints which I received from prisoners.
Given the office of the Ombudsman was in its infancy, Dillons surprise is understandable. But decades
on, the importance of the office to prisoners is more easily understood.
Since its Swedish origins over 200 years ago2, the role of an Ombudsman has been to independently
enquire into or investigate complaints about the actions of government agencies and make
recommendations for administrative improvement. In this way, an Ombudsman responds to the power
imbalance between the individual and the state. That imbalance is at its most stark when people are
deprived of their freedom by the state.
Increase in prisoner numbers
The recent investigation into the rehabilitation and reintegration of prisoners in Victoria was
1

This article is drawn from the Victorian Ombudsman report Investigation into the rehabilitation and reintegration of
prisoners in Victoria tabled in the Victorian Parliament on 17 September 2015.

<www.ombudsman.vic.gov.au/Publications/Parliamentary-Reports/Investigation-into-the-rehabilitation-and-reintegr>

See http://www.jo.se/en/About-JO/History/

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prompted by the significant growth in prisoner numbers in Victoria, coupled with concerns about the
rates of reoffending and the spiralling costs to the community. With the Victorian corrections system
consuming over $1bn a year of public money, an increase of 31 per cent in 5 years, the question was:
are Victorians getting a satisfactory return on that investment?
In the four years between 2009 and 2012, the Victorian prison population rose by just under 11 per
cent. In the subsequent three years, this growth more than doubled to 25 per cent. On 31 January
2015, Victoria recorded its highest ever prisoner population of 6,506. Since then it has receded
somewhat, but Corrections Victoria still anticipates the states prison population to be at least 8,300,
and possibly as high as 8,600, by June 2019.
Victorias prison doors are rotating faster than at any time in the states recent history. After year on
year improvements in the recidivism rate between 2001-02 and 2009-10, the following five years saw
the rate begin to rise again, to its current 44.1 per cent.
Aboriginal and Torres Strait Islander prisoners have seen a major rise in their representation in
Victorian prisons. Despite making up only 0.7 per cent of the states population, Aboriginal prisoners
represent nearly 8 per cent of the prison population, with a recidivism rate of 55 per cent, significantly
higher than the average.
Female prisoners are also being incarcerated at ever increasing numbers. Between 2008 and 2013
the number of women imprisoned in Victoria increased by more than double that of the male prison
population.
While crime rates have increased by just over 20 per cent in the last five years, this alone does not
explain the growth in prisoner numbers. Imprisonment rates have grown faster than the increase
in recorded crime. Legislative change has resulted in fewer parole orders being granted, suspended
sentences being abolished and bail procedures being tightened. The number of people on remand has
soared, accounting for nearly one quarter of all prisoners, a doubling of the figure since 2011.
The impact inside and outside prisons
Over 99 per cent of all prisoners in Victoria will eventually be released, so imprisonment can only ever
be a temporary solution for such people. Supporting prisoners to address their offending behaviour
and to prepare them for successful reintegration requires intervention, both within prison and after
release.
While there are many reasons why people reoffend and return to prison, it is evident that insufficient
access to rehabilitation and reintegration programs has a significant bearing on the likelihood of
returning. The Victorian Ombudsman investigation found that with the increase in prisoner numbers,
many offenders have not been getting access to the programs they need in order to address their
offending behaviour.
Changes to the parole system also mean that some prisoners are choosing not to access programs
at all quite likely because of the whats the point attitude that lowered parole release rates has
instilled.
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Victoria

The investigation also found that it was impossible to look at the effectiveness of rehabilitation
and reintegration without considering the social context. The link between disadvantage and
imprisonment is clear. A quarter of Victorias prisoners come from just 2 per cent of the states
postcodes and half from just six per cent. High school completion rates among prisoners are
negligible: 6 per cent for men and 14 per cent for women. The average prisoner is unemployed at the
time of committing the offence and has a history of substance abuse. Many female prisoners have
a history of abuse, and over 40 per cent are homeless upon release. Mental illness and cognitive
disabilities are common.
The evidence is strong that transitional support is effective: 10.4 per cent of prisoners discharged from
Victorias single transitional facility return to prison within two years, compared to 44 per cent of all
prisoners. But this option is only available to male prisoners and is limited to 25 places.
The more support a prisoner has on their release into the community, the better their chances of
staying out of prison, yet only about 20 per cent of prisoners get any post-release support. Lack
of housing, unemployment and long waiting lists for alcohol and drug programs are a significant
problem.
While young adults under 25 years of age make up a relatively small percentage of the prison
population, their rate of recidivism is higher and the impact of that cycle is significant. Yet Victoria has
only one dedicated youth unit, with capacity for only 35 of the more than 700 prisoners under 25 at
any one time.
There is a variety of other ways of dealing with offenders, both before they enter the prison system
and once they have been incarcerated, that have shown their efficacy: for example, specialist courts
dealing with mental health and drug and alcohol issues. Yet these programs, and the funding allocated
to them, is limited.
There is also good international practice to learn from, including the justice reinvestment concept that
has reshaped prison rehabilitation policy in parts of the United States.
Conclusion
The current system in Victoria is not sustainable. The rapid growth in prisoner numbers has
overwhelmed the capacity of the system to deliver consistent and effective rehabilitation.
Although there is some good practice across the justice system in diversion, rehabilitation and
reintegration, these are often uncoordinated, as well as demographically, geographically and
financially constrained.
A whole-of-government approach is needed to shift the focus: to reduce reoffending and recidivism
and to promote the rehabilitation of offenders. This requires a common intent and set of shared
objectives across justice agencies, health, education and housing as well stronger links to community
service organisations.
This issue has profound implications for public safety, the states economy and the sort of society we
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create. While the public is understandably horrified by violent crime, we cannot keep pouring public
funds into a correctional system that is not making us safer. If we continue in this way, current trends
in both prisoner numbers and cost mean it will not be long before we have to make hard decisions
about prison beds or hospital beds, better schools or more security.

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Article 11: Radicalization: An Existential Threat

RADICALIZATION: AN EXISTENTIAL THREAT


Dr. Rupali Jeswal1
Romania Center for Prison Studies

Abstract
Radicalization means that an individuals way of thinking is fundamentally altered. This change
leads an individual to move further and further way from his/her mainstream way of thought. In this
century of turmoil and widespread, even if limited warfare, radicalization towards violent and terrorist
extremism is part of asymmetrical warfare. Groups are fervent in using asymmetrical means to meet
their ends. If we take prisons as a dynamic society in its own right, where many individuals are living
together, it is not difficult to imagine the intermingling of ideas, sharing of concepts, conversion
towards extremism and formation of new alliances. Radicalization is a thorough change; it engulfs the
individual in discarding their mainstream outlook, moving instead towards extremist views, with push
and pull factors creating an us vs. them mindset. In fact, in a prison environment any grievances,
which an inmate comes with, can be easily exploited by terrorist recruiters and channeled into an
extremist mindset. This paper tries to highlight the seriousness of the issue of radicalization facing
societies, and focuses especially on explaining how extremist groups function and operate, both in
the community at large and in prisons, in recruiting their members and giving them new purpose and
meaning that can sustain their loyalty and fuel their commitment to violent action.

Situation: A terrorist attack is always possible But the best information available offers no
indication of the probability of an attack.
Many countries are facing radicalization and extremism (violent or non-violent) of a myriad nature.
For example, right-wing extremism like in the U.S, Sweden & Finland; anti-refugee groups in Germany;
Neo-Nazis, far right extremist organized groups to pseudo political parties; Australian anti-Islamic
groups like UPF; Islamic groups; the Israel-Revolt Group with messianic ideology; Ukraine volunteer
battalions with ISIS connection; the BBS (Bodu Bala Sena) for Buddhist power force involved in
demonstrations against the construction of churches and mosques; Military monks in Thailand;
self-styled militia and armed protesters; activists who resent government interference and will not
hesitate to use violence. The list is endless!
There is a very thin line when a group can move from reliance on non-violent demonstrations to a
violent-attack agenda. It all depends on the push & pull factors in the society, personal frustrations,
collective grievances and group cohesiveness.
Every country has strategic vulnerabilities that can be manipulated by extremist groups and what
is in the society will inevitably enter prisons. There is no one profile of a violent extremist; there is
neither a single pathway nor a single process. Every group has their own ideology, tactics, strategic
objectives & goals. And every individual can be turned-on for positive or negative causes depending
on his or her own neuropsychological, social & economic condition.
1

Romania Center for Prison Studies (CRSP), Chair of Counter Radicalization Sub Committee, ICPA; jrupali@icloud.com

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By design, terrorist attacks are intended to have a psychological impact this is the primary weapon.
The actual or perceived status of rationality experienced by various group members propels them to
join and adopt the groups signature rhetoric and tactics to fulfill their cause. Humans are excellent
in creation and in destruction, and in this cauldron of chaos we can place the particular radicalization
process that characterizes some groups such as:




Extreme Right Wing


Extreme Left Wing
Single Issue
Religious: apocalyptic vision, messianic ideologies, vigilantes, religious/ultranationalist
Ethno-nationalist/separatist

In the same criminal space we find:


Transnational criminal organizations -- with political agendas.
Gang activity alliance with organized crime
Organized crime alliance with street gangs & alliance with terror groups
Terrorist organizations alliance with transnational organized crime.
In the past few years we have seen an exponential growth of incarcerated petty criminals turning
into hardcore terrorists because ISIS offers redemption through its rhetoric. The strategy is simple in
some ways -- absolve and bestow a status, a purpose that comes with being a holy warrior.
A report by German intelligence in 2014, stated that the vast majority who have left Germany to fight
in Syria were uneducated and unemployed. Of nearly 400 jihadists investigated, only a quarter had
finished school and two percent university. Barely 1 in 10 had a job. Two-thirds had a criminal record.
However, poverty, lack of education and economic deprivation are not the only conditions that seem
to precede a turn to extremism. This is the case for some of the terrorist fighters, but certainly not for
all. In a general profile of Britons who had turned to extremism, it was noted that the majority were
well educated and employed. From Spain, the profile is of men married with children, uneducated and
interestingly, the majority were taxi drivers.
With the migration crisis in Europe and unrest in the local communities, there is extremism galore
that is percolating. In Finland, for example, offenders can be of various categories -- neo-Nazis,
Skinheads, Radical Islamists, Lone actors/mass shooters. In the U.S, along with 784 hate groups
and radical Islamists, there are also militia extremists with their targets being Muslims and Islamic
religious institutions2. All of these categories fall under the general notion of radicalization.
A prison system can receive a concoction of radical extremists with or without violent tendencies.
Consequently, to form any counter measures it is prudent to train staff in various forms of extremism
and the various pathways to radicalization. This paper does not have the scope to explain all of the
categories in-depth, nevertheless salient features and details are given as a start.
Post conflict or conflict zones commonly create conditions that can easily fuel violent extremism.
2

https://www.splcenter.org/hate-map

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The hybrid nature of conflicts and their aftermath in the 21st century blurs the line between gangs,
organized crime, criminal groups and violent terrorist groups. They all play in the same criminal space.
Criminal groups can have motives related to a combination of factors, for instance - economic, political
and ideological. The inmate make-up can therefore be of many shades. In prison, a criminal laced
ideology can easily convert and transition into a politically inclined extremist ideology.
Melding factor in prisons
The melding factor in prisons is that the population inside the prisons is mixed, shaped by their life
conditions and grievances, cultural values, race and ethnicity. A typical prisoner would come in with
a particular mindset, and depending on what that mindset might be, the individual can either be a
potential recruit ripe for radicalization or be a recruiter. As in any institution, through communication
and social bonds there is an exchange of thoughts, and personal and cultural values influencing each
other. Anothers cause can become ones own due to continuous contact with each other. One can
start relating to a cause as if they have had a first hand and personal experience with it (and this
phenomenon is seen as well in virtual communities). This melding is known as acculturation.
Inmates can also be spawned as radicals due to civil wars - especially those of long duration. As
we know, civil wars destroy human capital, human security, reducing the productive capacity of post
conflict countries, until such time as the country emerges from the war with low GDP and low rate
of growth. Playing catch up is hard. Terrorist organizations can be expected to take advantage of
the deep holes, increasing radicalization, recruitment and attacks. Consequentially, a prison might
end up having economically deprived-crime friendly-terrorists influencing other inmates. This is a
huge possibility! Subsequently, another category of inmates may arrive on criminal charges that are
propelled by the conflict-trap, meaning - amongst displaced populations there is high incidence
of mental disorders, emotional-physical trauma laden disorders, where individuals are suffering
from clinical depression, suicidal ideation and PTSD. Criminal-terror activity professionals can take
advantage of this situation.
Cause of friction in a country can be any and many
Fig. 1
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Radicalization
Fig. 2a
Fig. 2b
The maintenance stage
Once recruited, propaganda does not stop and the terrorist client must be managed with
continuous propaganda what is referred to as ideological influence and identity management!
With continuous propaganda the new behavior is constantly reinforced and sustained over time. As
more and more people change their behavior, these changes begin to define the broader ideological
& societal context, changing values, perceptions and expectations. For example, a group of animal
activists can progress eventually in adopting measures such as arson attacks, and would not perceive
the extreme action taken as unjustifiable.
Extremist intent also has a political agenda; tactics can use any maneuvers such as crime, terror and
guerilla actions. Blurring of lines has given rise to radical criminals, hybrid gangs and insurgents using
terror tactics and terrorists using insurgent tactics. Emotional-faith may bind two or more groups with
a common objective of undermining the existing government & social institutions, taking advantage of
each others leverage in the community.
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The objective of extremism is to create a dent in the existing democratic order. To reach this specific
political objective, and in order to maintain an individuals or groups adherence to this mindset, use
of hostile imagery and narratives is vital, creating a polarizing us vs. them mentality. Violence and
religion in this sense is merely a tool.
Global Jihad A movement
Graffiti functions as a means of communication, and serves a critical recruitment function. It is used to
emphasize territorial/turf control, allegiance, and the advertising of status, power, praise and threats.
Graffiti dates back to ancient Greece. Over the centuries it has found a place in radical politics, gangs,
hip-hop culture and as a form of artistic expression. Its usage always has a meaning. Distribution of
pamphlets, graffiti, and underground media all of these are channels of information dissemination.
They are used also a fear tactic by various adversaries to induce the psychological impact of fear,
power and turf control. Radical Islamist graffiti is sprouting in many cities around the world3. It is an
initiative to spread the movement of global jihad. The driving force for all sorts of individuals & groups
alike, and the tactics employed be it graffiti or violence, seems to be under the trigger of emotionalfaith. Emotional-faith binds many who are identity-seeking, soul-searching or just thrill seeking.
To be successful a movement must have few things it can take advantage of: a) Inspirational
leadership, b) An ideology which inspires and conveys freedom from oppression as perceived by that
group, c) A higher mission a grand concept of defending, protecting being the warrior, and allowing
divine and human fulfillment, d) An organizational set up which can survive, expand and replenish
(human resources, finances & weapons) against all odds, and finally, e) effective propaganda and
recruitment strategies targeted for the right audience in the right way. If propaganda is conducted
effectively then the target audiences (TA) attention is grabbed in the most engaging way so that it
changes their perception with meaning and ownership (sense making & affect-laden). All of this is
designed to lead the TA inexorably towards behavior change4.
Prison environments by their very nature can create intense feelings of anxiety, disorientation,
3

http://www.meforum.org/3763/jihadist-gang-graffiti

https://www.flickr.com/photos/donshall/10759742975

http://www.christianaction.org/news/2015/2/10/isis-graffiti-comes-to-america

https://www.therealstrategy.com/isis-graffiti-youngstown-ohio/

http://www.nltimes.nl/2014/09/29/anti-semitic-pro-isis-graffiti-school-wall/

http://globalnews.ca/news/2351865/graffiti-referencing-attacks-on-the-west-found-in-washroom-stall-at-sheridancollege/

http://www.dailytelegraph.com.au/news/nsw/police-investigate-isis-graffiti-at-east-hills-boys-high-school/news-story/2d
d3e40c5660a300d55020646f32b8b3

http://www.ndtv.com/world-news/islamic-state-comes-knocking-in-af-pak-india-graffiti-flags-mushroom-inkashmir-660313

http://www.frontpagemag.com/fpm/251005/isis-here-islamic-state-graffiti-america-dawn-perlmutter

http://regnum.ru/news/polit/1670767.html

Newsletter Article: Titled In The Theatres of Threat, International Association for Correctional and Forensic Psychology
(IACFP), page 15-17. January 2016. http://www.ia4cfp.org (Newsletter archive link not yet active) Author can provide the
copy if needed.

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loneliness, fear, anger and self-doubt. This is a fragile and potent state for an individual to lean
towards radical ideologies and be lead through the process of radicalization by a recruiter. It is also
a place where some incarcerated extremist individuals enter with a thought that this is a place to
recuperate and plan.
Evidence from brain-behavior research has revealed that often change occurs from narratives, stories
one hears, witnesses, and what one reads. Television, books, songs/music, social media, blogs and
forums can have a huge impact on a person who is emotionally struggling and may be at the cusp

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of embracing radical change (e.g., Jake Bilardi)5. But this is not enough for a total change to occur
and so the next natural move for a person in this state will be to reach out and form contacts and
associations. Moreover, the seeker, in this vulnerable state, may be approached by the recruiter a
personal touch is needed so to speak. This is not only applicable to cases of extremism but it is a
general mechanism that affects all human beings. For every change there is a neuro-biochemical
profile. Any imaginable thought in the brain triggers the same neurochemical reaction as in real
life action. So from your brains perspective what you read, see and hear is real. Depending on the
individuals cognitive-emotive state, one may associate with the hero or the villain in the tales
-- be it in fictional or non-fictional narratives. Emotions cement the memory and changes perception,
thereby constructing new realities and transforming behavior (Conditioned and unconditioned
emotional stimuli; reason and emotion are not opposing forces.) The author requests readers to look
in to the effects of religion and prayer in the brain (there are many published studies) because you will
be astonished at how the mechanism of prayer lights up critical areas in the brain and moves on to
bring a sense of calm, determination and motivation.
Parallel Networks with Organized Crime Syndicates and Transnational Criminal Organization
A petty criminal radicalized in prison, when released into the community is ready to conduct an
operation or ready to serve the terrorist organization in procuring weapons or radicalizing other
criminals on the street. Gang members in prison also form business partnerships with radicalized
inmates and are happy to clear the path in return for cash or goods.
The incident on 18 December 2015, of two ISIS militants who were detained at Istanbuls main
international airport, carrying 148 blank European passports concealed in pizza ovens is an example
of roles, networks and nodes. The use of incarcerated populations by terrorist organizations is not
new. Inmate populations make ideal candidates for such organizations. Once recruited the incarcerated
members are trained and encouraged to form networks with close resemblance to cell structures
which are used outside in the broader society. Within the prisons the members can operate as critical
functionaries such as: cell block leaders, deputies tasked with welcoming new arrivals, providing
moral support to the newcomers, monitoring the guards and collecting information on them which can
be used for their agenda.
At times terrorists have succeeded in conducting operations in the outside community but while
incarcerated. The cell mechanism can be created whether in human space such as prisons or
cyberspace in the form of virtual communities. Recruitment in prisons is based on the need of terrorist
organizations to replenish and restore their numbers. Direct recruitment along with assessment on
who can be used later upon release is noted by recruiters and put into use. Just like in the broader
society, territorial hold in the prisons gives opportunity to establish and conduct a myriad of planning
& trainings. Incarceration is an opportunity for gangs and terrorists alike. It can also bring extreme
left and right wing individuals together for a common cause. Prisons can act as binders, and how this
happens is totally based on the imperatives of human needs and what shapes human behavior.

http://www.independent.co.uk/news/world/australasia/australian-isis-suicide-bomber-jake-bilardi-wrote-4300-wordmanifesto-vowing-to-launch-string-of-10104349.html

http://www.theguardian.com/australia-news/2015/mar/23/jake-bilardi-father-blames-himself-teenagers-death-suicidebomber

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Humans are a psychological phenomenon, brain-behavior determines every step and action and it
is prudent to take this into consideration for understanding every emerging crisis. In prisons, new
connections advance their interest and also reinforce their ideology, enhancing the warpath against
Government systems and authorities.
Why prisons are breeding and rebirth grounds?
For a simple reason prison is an institution, a city, and a society where communities exist and
the natural drivers in the open society work in the same way as in the prisons. These drivers are
social needs, security needs, self-identity and belonging to a family need. Humans are territorial by
nature; they live by social cohesion because isolation is demoralizing. Social cohesion depends on
communication, commitment, cooperation and this produces affective resonance in tight knit groups.
A byproduct of all this is groupthink. Affective resonance refers to a persons tendency to resonate
and experience the same affect in response to viewing a display of that affect by another person
(Biologically known as, mirror neurons). Affective resonance is considered to be the original basis
for all human communication. This resonance forms collective consciousness that signifies joint
or mutual knowledge, internal knowledge or conviction. Thus an autonomous individual comes to
identify with a larger group/structure, and as such, patterns of commonality amongst individuals
bring concrete unity to those structures. In simple terms, when a common theme binds a group,
collective consciousness is experienced; this can be seen in any group of like-minded people.
Personal disclosure, cross-exchange and cross-pollination of beliefs and feelings not only induces
anxiety but also empowers the teller and the listener. Anxiety, trauma, grief, discontent, all the
negative elements of the human psyche at times incapacitates people but at times it empowers them
to take action. Acculturation of beliefs, values, and ideologies cross-pollinate and this stimulates
exploration, induces cross-cultural and bilingual relationships, and others causes become ones own.
Radical leaders in prisons have surrogates to avoid detection. These surrogates carry out the
clandestine business and activities. Terrorist networks liaise with former-inmate organizations and
incarcerated members. Members of former inmate organizations keep tabs on ingress and egress,
work as couriers, spies, coercers, dealmakers, and suppliers within the prison network. (e.g., In 1996
Fig. 3
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al-Qaeda detailed prison operations in a manual that is used even today).


The Internet as a supportive medium
An online jihadist-mindset portal called Ansarul Aseer had a specific aim and that was helping
prisoners and disseminating propaganda to undermine the prison system and accuse authorities of

mistreatment. With 3,500 likes on Facebook, it encouraged people to write to prisoners and make
donations. Bernhard Falk (German), a leftist terrorists convert, works directly with prisoners, attends
their trials, visit prisoners in detention and collects donations for the prisoners families. He sees them
as political prisoners. These kinds of activists make sure that their jihadist-incarcerated brothers
maintain their faith while behind bars and support all efforts to spread radicalization.

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The power of rhetoric


Effective rhetoric persuades people and moves them to action. Rhetoric coercion is employed in war
and in peace, in diplomacy and in terror, in religious and in social institutions, at work and at home.
Based on Aristotles work, when logic, credibility and emotion (logos, ethos, pathos) are infused within
a rhetoric frame then the effect can be direct fire. As previously mentioned, reason and emotion
are entwined so new beliefs take root and extreme actions are legitimized. Aristotle extended the
definition of rhetoric; calling it the ability to identify the appropriate means of persuasion in a given
situation, thereby making rhetoric applicable to all fields, not just politics. Rhetorical maneuvers can
alter the nature of a lived experience or give the experience a total makeover. If skills of persuasion
are used creatively one can achieve the desired result before the listener has had time to internalize
and analyze the information. The brain is fragile in this regard and the fantastic plasticity is of dual
dimension.
Inmates identity, purpose, resentment, and anger can be transformed into commitment and loyalty
through communication, in-house bonds and gatherings with added help from propaganda
materials.
A jihadist recruiter makes use of evidence (hostile imagery, inmate victimization, dehumanization) to
synchronize it with the recruits personal factors through rhetoric. This gives failed lives of others a
meaning, an explanation simple enough to relate to and powerful enough to change perception. Ways
and means on how to change and acquire self-esteem, identity, and status is given using this form of
speech.
An example of Jihad rhetoric - Prescription for the dweller of paradise according to the most
influential preacher - Anwar Awlaki:
Jihad is the greatest deed in Islam and the salvation of the ummah is in practicing it.
In times like these, when Muslim lands are occupied by the kuffar, when the jails of
tyrants are full of Muslim POWs, when the rule of the law of Allah is absent from
this world and when Islam is being attacked in order to uproot it, Jihad becomes
obligatory on every Muslim. Jihad must be practiced by the child even if the parents
refuse, by the wife even if the husband objects and by the one in debt even if the
lender disagrees.
Rhetoric of Abdullah Elmir Ginger Jihadist
This message I deliver to you, the people of America. This message I deliver to you,
the people of Britain, and I deliver this message to you, especially, the people of
Australia. Bring every nation that you want to come and fight us. It means nothing
to us. Whether its 50 nations or 50,000 nations, it means nothing to us. Bring your
planes. Bring everything you want to us. Because it will not harm us. Why? Because
we have Allah. To the leaders, to Obama, to Tony Abbott I say this; these weapons
that we have, these soldiers ... we will not stop fighting. We will not put down our
weapons until we reach your lands, until we take the head of every tyrant and until
the black flag is flying high in every single land.6

https://www.youtube.com/watch?v=aQ9gWebjRuU

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Mindset of an early death for a higher cause


A jihadist best-case scenario is his/her own death. There is an abstract power in this form of mindset.
Fig. 4
Fig. 5
It frees the person from detailed assessment of their thoughts and actions. Research findings and
investigative reports have brought to light that this mindset is also found in many street gangs.
Anticipation of early death combined with strong religious beliefs and the benefits of the afterlife
would make this sort of a believer daring in every way, and creating a strong natural trajectory for
continuous crime and extremism. In this context it would be helpful to the reader to look up findings
from various research investigations of terror management theory regarding mortality salience and
how in-group culture and norms may act as a buffer. Religion can be used as counterpoint to common
sense, purposefully through distortion, intentionally or unintentionally, and essentially neutralizing
fear of death. A spiked religiosity meter can bring a sense of urgency and action instructing the
spirit supporting the collective thought and ideology to grow. This provides justification and a
moral buffer. In an environment of despair, ideology can bring solace, brotherhood and momentum.
Ideology becomes the launch pad for emotion-reaction-action. Again, it is a factor of groupthink and
concept-driven motivation. Religious or not humans are driven by concepts.

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Example of one trajectory of radicalization:


Case of Farhad Khalil Mohammad Jabar from last year. (Shootout with police in front of NSW Police
head quarters)
1. Inspiration came from IS ideology.
2. Internet provided extensive terrorist propaganda triggering emotions & motivation.
3. Place of congregation Arthur Phillip High School where there were like-minded people with
Jabar.
4. Links & online communication: With a British radical associated with Islamic State.
5. Links to criminality Strict gun laws made in Australia so connection made with Middle Eastern
criminal gang
6. Not a lone actor.
The role of women
Mirfat Amin Masoud, a suicide bomber, was shown by Al-Jazeera (November 6, 2006) reading her
last will and her articulation that hopefully she would go to heaven and meet her mother. This
is a concept driven motivation. Womens motivations for jihad are no different from their male
counterparts there is an underlying a need to actively participate in jihad with religious justification
for violence. The Islamic States active recruitment of Western females for domestic roles has also
changed with the all-female Al-Khansaa Brigade that has tasked women with an active front line role.
There are simple operational reasons for women in supportive roles, and these are in stark contrast to
what the media in general suggests. The simple reason is that security forces are less suspicious of
women either alone or in a group; they can enter areas more easily in the guise of wives and mothers.
The supportive functions for women in terror organization include: seeking and operating safe houses,
storing weapons and documents, collecting funds, and acting as couriers. Women also have loitering
capability which means they have mobility without arousing suspicion from the authorities or
security forces to collect intelligence on site for an attack plan.
Recruiting trends and strategies
Groups, organizations, and people are each dynamic in their own way. This applies to gangs and
terrorists as well -- they evolve dynamically in response to the environment. They are well versed
in new security procedures that may be installed by a Government and like any mindful adversary
they adapt, change and are flexible enough to maneuver through barriers to fulfill their agenda. The
recruitment tactics are synchronized with various categories of people, age and gender in the society.
The straightforward fact is that if you want to recruit, you need to know the personal make-up of your
potential recruits, target the weak spots in their emotional fabric, offer something better and grander,
and empower them from within. In prisons there are fracture points just like in broader society and
a recruiter can exploit these fracture points to create push-pull in the subculture found in prisons.
Polarizing tactics can give recruiters advantage. The main driver is to create partnerships and this
happens naturally in a prison environment. There is also constant improvement in the recruitment
and selection process where terrorist organizations take, make and share notes on what A or B
or C prisons are like, what are the security gaps, prevailing security systems, how do the officers
behave and react, and what is the general nature of the internal climate. There is a clear intelligence
collection process that is broadly in the terrorist organization. Moreover, aggressive outreach
efforts are made through propaganda and social bonds to lure and radicalize the new recruits.
Current employees are used effectively as recruiters in this overarching strategy that is executed
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methodically.
Mental precursors for radicalization and recruitment do not necessarily have to be of a religious
nature, in fact some of their instruction materials emphasize to not talk about religion till the
personal make up of the candidate is thoroughly known. And sometimes religion must be used as
a main tool like in Afghanistan, Pakistan, Iraq, Saudi Arabia and Yemen where extremists employ
religious devices as their main tool to recruit juveniles who are poor and/or beginning to be involved
in illegal activities. A disadvantaged juvenile who is mesmerized by the religious speech given at a
training camp can easily become an eager participant in jihad. Quran study groups, jails, soccer games,
public swimming pools, summer camps, and various other places where youth congregate can be
used effectively as recruitment grounds.
Battle-deaths in conflict zones are a prompter for terror organizations to recruit young people
and women. High ambitions is a prompter for advertising the need for people who are specialists
in biochemistry, CBRN weapons, the manufacture and deployment of WMD, web developers,
webmasters with marketing and advertising skills, cyberwarfare specialists, medical doctors,
engineers and teachers. A terrorist organization recruiter will get paid very well if he/she recruits
someone with special skills and knowledge. The amount paid to the recruiter could be up to ten
thousand dollars. Recruitment takes place of both religious and non-religious people, for active
operational roles or as sleeper agents, in Government and in non-Government establishments, in law
enforcement and in military.
Networking is also a feeder for terrorist recruitment. Online recruitment is combined with direct
contact on the ground in places of congregation of a mixed nature such as high schools, youth
organizations, and directly with the neighborhood in suburbs of cities using connections and social
bonds of family and friends, mosques, prisons etc. In Afghanistan and Pakistan, for example,
teahouses are a popular place for recruitment. Of course terrorist organizations maintain close
contact with jihadist networks and groups who may be involved in active operations or passive jihadi
associations. Just like in prisons, gangs keep in touch with ex-inmates and terrorists have an external
supportive arm in communities. A coalition of shared sentiment is often even realized in virtual
communities.
The influence of cyberjihad
Instant connectivity, communication and learning is enabling terrorist organizations to become
decentralized, evolving into varied melding of groups, cells, individuals who are not dependent on
any structured on-the-ground training camp or a base to learn, plan and carry out operations of
terror. Dissemination of disinformation is not new. However, use of technology has given it speed
and breadth and it is now a weapon of mass destruction in its own right. The Internet is a purposeful
medium for strategic communication where online jihadist media campaigns have been growing and
opening new fronts. The Internet provides many different ways of anonymously meeting with like
minded individuals in a (comparatively) safe manner. Furthermore, a successful cyberterrorism event
could require no more prerequisite than a little relevant knowledge -- easily obtained through the
Internet. A mujahid suitcase can be easily prepared through online learning training tools in the form
of manuals on explosives, weapons know-how, targeting guidance in constructing UAVs and more. For
example, various jihadi forums contain sections titled Muntada al-udda wal-idad (Military Equipment
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and Preparation Forum) devoted to discussions of a wide range of weapons and tactics. This includes
discussions of electronic warfare, such as ways of combating drones, spy aircraft and satellite
surveillance and ways of disrupting power systems etc. There are online manuals on training with
handguns, constructing remote control detonators, assassinations in the workplace (these come
under special intelligence operations with all the elements of urban warfare involving long term
meticulous planning, use of loiters to collect intelligence, and use of high grade military weapons.)
Militant Islamists have developed an extensive array and network of print periodicals, bookstores,
websites, and YouTube spots spreading religious intolerance, glorifications of violence, and antiAmerican, anti-Semitic, anti-democratic messages. Even in the Balkans, for example, the Bosnian
website Put Vjernika (Way of the Believer) recently carried A New Order from Zawahiri: Focus on
Attacks on American Interests. Similarly, the Facebook page Krenaria Islame (Albanian for Islamic
Pride) posts extremist pictures and stories. The Islamic State has produced similar videos for fighters
from Somalia, Yemen, France, Bahrain, Kazakhstan, Uzbekistan, Mali, Libya, and Tunisians fighting in
Syria, and these all have hundreds of online followers (It is impossible to state all the countries and
terrorist propaganda in this one paper).
An individual can relate to an ideology and be inspired to change and construct a particular set of
actions. These can be sometimes quite surprising (e.g., recent incidents in Israel with a group known as
Givonim, Jewish extremist following messianic ideology). Extremist ideologies foster radicalization,
and as ideologies are self-replicating it is a magnate for inducing conversion. Perpetuating gang
affiliation employs a very similar mechanism. I want to learn how to be a hit man, wrote one on Los
Pulpos wall; Someone train me. I am capable of killing whoever. On the Facebook wall of La Jauria,
a user identifying himself as Pepe Escobar boasted about a recent assassination: Another dog has
died, he wrote. It was an easy little job with the guys. Something fast and straightforward. The
group used Facebook and YouTube as tools to attract youngsters into their ranks. In 2013 the La Jauria
(gang) had grown in numbers by 40% due to social media.
Threat perception, radicalization and extremism are closely associated. Beliefs are dynamic in nature
and perceptions construct reality. Reality, perception, views of right and wrong all of these depend
on which side of the fence you are sitting. Polarization is bi-directional. For instance, terror attacks
can add fuel to the fire for islamaphobia and radicalization. Direct political rhetoric also causes
polarization, because political parties also have ideologies. If the divide of ideologies is extreme in
proportion, then it can cause a mass reverberating effect that can create movements -- be they
either violent or non-violent. Single-issue groups and individuals can be born due to such political
rhetoric.
Unconventional crises Radicalization & Terrorism
Radicalization and terrorism tends to challenge the collective rapid response system & resilient forces
of communities. Terrorist events are insidious in nature, because adversaries are deployed often in
multiple locations in multiple attack teams simultaneously, destabilizing society, morale, and the
notions of security and social order for long periods of time. There is then a spreading transnational
impact of psychological trauma, unfortunately often expedited and sensationalized due to media.
These incidents can traumatize responders and communities. Large-scale incidents with multiple
players cause inestimable ripple effects and spillovers that are difficult to assess, but that clearly
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aggravate a growing sense of fear and unrest within societies. The speed, breadth and complexities
of this terrorist threat is steadily growing. With this in mind, it would seem to be wise for law
enforcement and other security agencies to embrace a kind of fusion-thinking mode where a variety
of battlefield tactics are adopted and organized effectively within a determined and strategically
balanced anti-terrorism toolkit.7
LIST OF REFERENCES
1. https://www.splcenter.org/hate-map
2. http://www.meforum.org/3763/jihadist-gang-graffiti
https://www.flickr.com/photos/donshall/10759742975
http://www.christianaction.org/news/2015/2/10/isis-graffiti-comes-to-america
https://www.therealstrategy.com/isis-graffiti-youngstown-ohio/
http://www.nltimes.nl/2014/09/29/anti-semitic-pro-isis-graffiti-school-wall/
http://globalnews.ca/news/2351865/graffiti-referencing-attacks-on-the-west-found-in-washroomstall-at-sheridan-college/
http://www.dailytelegraph.com.au/news/nsw/police-investigate-isis-graffiti-at-east-hills-boys-highschool/news-story/2dd3e40c5660a300d55020646f32b8b3
http://www.ndtv.com/world-news/islamic-state-comes-knocking-in-af-pak-india-graffiti-flagsmushroom-in-kashmir-660313
http://www.frontpagemag.com/fpm/251005/isis-here-islamic-state-graffiti-america-dawn-perlmutter
http://regnum.ru/news/polit/1670767.html
3. Newsletter Article: Titled In The Theatres of Threat, International Association for Correctional and
Forensic Psychology (IACFP), page 15-17. January 2016. http://www.ia4cfp.org (Newsletter archive
link not yet active) Author can provide the copy if needed.
4. http://www.independent.co.uk/news/world/australasia/australian-isis-suicide-bomber-jake-bilardiwrote-4300-word-manifesto-vowing-to-launch-string-of-10104349.html

http://www.theguardian.com/australia-news/2015/mar/23/jake-bilardi-father-blames-himselfteenagers-death-suicide-bomber
5. https://www.youtube.com/watch?v=aQ9gWebjRuU

(Note: Some details in the article references cannot be placed in print)
Further reading
http://www.mintpressnews.com/israel-tortures-palestinian-children-keeps-them-in-outdoor-cages-inwinter-rights-group/212808/
http://nationalinterest.org/blog/the-buzz/isis-goes-global-the-attacks-jakarta-14919
http://www.express.co.uk/news/world/632806/ISIS-guide-tells-UK-jihadis-lose-beard-ditch-mosqueand-wear-cross-before-killing
http://www.france24.com/en/20160108-france-women-islamic-state-group-female-recruits
http://abcnews.go.com/US/secret-service-aware-apparent-isis-flag-photo-front/story?id=24985241
https://behindthenewsisrael.wordpress.com/2016/01/11/new-zealand-jihadi-sets-up-a-linkedin-pageas-isis-school-teacher/
http://www.dailymail.co.uk/news/article-2661177/Travel-light-leave-Islamic-books-home-dontarouse-suspicion-Isis-militants-offer-travel-advice-jihadists-arriving-Syria-Iraq-Britain.
html#ixzz3oQfH71c1
7

Note: Regarding fighters with terrorist organization, foreigners or locals there is a distinctive profile.
Author can provide details if the need be.

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Article 12: Just Open the Door Solitary Confinement Reform in Colorado

JUST OPEN THE DOOR SOLITARY CONFINEMENT REFORM IN COLORADO


Rick Raemisch,
Executive Director, Colorado Department of Corrections, USA
In 2011, Tom Clements, who had thirty years experience with the State of Missouri Department of
Corrections, was hired by Governor John Hickenlooper, the Governor of Colorado to lead the Colorado
Department of Corrections. Executive Director Clements realized that the Department was overusing
solitary confinement, where inmates were being confined in approximately 7 by 13 foot cells for 23
hours per day sometimes for years at a time. In fact, in 2011, 1500 inmates or almost 7% of the inmate
population were being housed in solitary. Per capita this was one of the highest in the nation.
Executive Director Clements charged his staff with looking at each case individually to determine if
those individuals needed to be in solitary. During these initial reforms a terrible tragedy occurred.
On the evening of March 19, 2013. Executive Director Clements was assassinated at his home by an
individual who had been released into the community directly from solitary, where he had spent the
last 7 years. This individual had absconded from parole and killed a person, who he had ordered a
pizza from. Donning the delivery uniform he arrived at the Clements home and knocked on the door.
Tom Clements was shot in the chest when he answered his front door.
After his death I was appointed by Governor Hickenlooper to lead a department in disarray, and
complete solitary reform. We decided that I was to focus on a few key areas, beginning with
eliminating or seriously altering the current procedures of releasing individuals directly from solitary
into the community. At the time I was hired approximately 50% of those in solitary were released
directly into the community.
A key issue was how to eliminate or severally decrease the numbers of persons in solitary
confinement who are severally mentally ill. You cannot really address the overuse of solitary without
addressing the mentally ill. Often times, because they are disruptive in the general population they
end up in solitary. Once this issue is addressed, we then need to look at everyone else to determine
whether they belong in solitary.
We started with the singular belief that solitary confinement is overused. Initially it was to be used
for only those who were too violent to be in the general population. Instead, over the years, it became
acceptable to place inmates in solitary for many different reasons. Moreover, many went in without
knowing when they would get out. They had to earn their way out by graduating through different
levels. This was extremely difficult for them to do. If they were disruptive at any time during the
process they would have to start over. This was how one week would turn into one month, one year, 5
years, and we had some who were in for over 20 years. We believed that this overuse of solitary didnt
really solve any problems. It at best merely suspended these problems, and in all likelihood multiplied
them.
We began our reforms in December of 2013 with a complete ban on the placement of any offender
with a serious mental illness into any form of solitary environment. We revolutionized our treatment
programs and now have two facilities dedicated to the treatment of those with mental health issues.
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34% of the offenders in our population have mental health issues, and over 10% have serious mental
illness. Not only do we no longer place the seriously mentally ill in solitary, but we also look at
whether an inmate violation or disciplinary infraction was caused by a mental health issue. If it was,
we remove the offender from the discipline process, and treat the illness. We developed a treatment
program that has now becoming a national model. The program starts with what we call 10 and 10.
The inmates are brought out of their cells a minimum of 10 hours per week for therapy, and 10 hours
per week for mental and physical stimulation. Initially for some, we had to develop tables that would
allow us to secure inmates to them so they could sit with other inmates and not harm each other. The
initial goal of the therapy was to get them to the point where they no longer needed to be secured.
Of course, the main goal of this program was to treat the mental health issue to the point where they
could function in the general population.
When we first banned the use of solitary in our mental health facilities one sergeant e-mailed us, and
said we were going to get someone killed. Several months ago this same sergeant said incidents at
the facility he worked at were down by about 80%. In those two facilities, the use of restraints, forced
cell entries, and inmate on staff assaults are down from 90 to 48%. We stopped releasing inmates
directly from solitary into the community, and have not done so since March of 2014. We could not
justify the fact that we felt someone was too dangerous to be in the general population, but yet we
would release them directly into the community? We felt by doing so we had failed in our mission.
Our mission is not to run a more efficient institution, and it is this misconception that we believe led
to the overuse of solitary. Our mission is community safety. We determined we were not going to
send offenders out worse than we received them. We developed step down programs not only to
address the above problem, but also because you cannot take someone who has spent a long term
in segregation, and then place them directly back into the general population. It doesnt work. They
will act up and return. To address this we developed step down programs where inmates first spend 4
hours per day out of their cells with other inmates. Once they have become socialized we then include
programming as part of the program. Once they complete the programming they progress to the
general population.
One of the problems we didnt anticipate was that when we started our reforms we had approximately
200 inmates who refused to come out of solitary. We felt it would be way too ironic to physically force
inmates out of a cell that we had probably physically forced them into. Eventually by various types of
therapy and incentives we were able to get them to come out.
So, where are we today? As noted earlier, in 2011 there were 1500 inmates or almost 7% of our
population in solitary (which is what we now call restrictive housing). Today there are about 150, or
less than 1 % of our population. We have stopped the process of releasing individuals directly from
solitary to the community. We have no one classified as seriously mentally ill in solitary. When an
inmate enters solitary they know when they are getting out with a maximum stay of one year, and
that is only for the most serious offenses such as extreme assaults, homicide or rape. Even then they
are evaluated on a regular basis.
The use of solitary for women has been severally curtailed with a current maximum of 30 days for
what we call punitive segregation. The period will soon be dropped to 15 days maximum. No pregnant
females or youths are placed in segregation.
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Colorado has two supermax prisons, which were built solely to house those in solitary. Today, one
is completely vacant, and we are working towards turning it into a re-entry center. The other has
been re-purposed where inmates are in a much more non-restrictive atmosphere. We no longer have
a death row where in the past inmates sentenced to death were automatically housed in solitary.
Although still in high security institutions, these inmates now reside with other inmates in a general
population type setting.
An overriding question is Why did we do this? Firstly, its the right thing to do. I believe long term
solitary either manufactures or multiplies mental illness. Since 97% of Colorado inmates return to the
community, it is our job to send them back better than when they came in. Secondly and perhaps most
importantly, our data shows that with our reforms, our inmate on staff assaults are the lowest since
2006. To us this shows that not only can solitary reform be pursued, but that it should be pursued.
We have heard the arguments and dispute them. Some of the arguments we have heard include the
contention that solitary is used for only the most violent. When we looked at our population we found
that was simply not true. It was used to be more efficient, or to punish for any number of non-violent
infractions. Punishments that I might add did not deter future conduct. We do still need solitary for
the small number of extremely violent offenders, but that does not mean we stop attempting to treat
them. We need to keep them isolated so that they cant communicate to incite each other. I dont know
about your system, but in ours even those who are in solitary find ways to communicate. A short
time after I was hired I spent 20 hours in solitary as an inmate. Throughout the day and into the next
morning all I heard were inmates in solitary communicating with each other by various means.
It will be difficult to change our culture. Changing culture is difficult, but it can be done. When we
started this process our staff members were involved with every part of our reforms. We completely
changed the way we do business in less than a year and a half. It can be done. Remember, we are the
ones that control the door. We believe our solitary confinement reforms have led to safer institutions,
and to safer communities. We believe solitary at least in our state has been overused with negative
results. We are not yet finished with our reforms. As long as our data continue to show positive results
we will continue. We have opened the door and we are proud to have done so!

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PRACTICE INNOVATION
IN CORRECTIONS: THE HONG
KONG DEPARTMENT OF
CORRECTIONAL SERVICES

Article 13: Managing Special Needs Offenders in Prisons and the Community

MANAGING SPECIAL NEEDS OFFENDERS IN PRISONS AND THE COMMUNITY


Michael LEUNG Chung-chee1
Correctional Services Department of Hong Kong

Abstract
It is important to recognise the differences between individuals and the value of embracing you other
than me so as to allow each individual to be a part of a greater whole in society. In organizing services
for persons in custody with special needs, the Correctional Services Department of Hong Kong
adopts various strategies by utilising existing available recourses and programmes and optimising
the support available from the community. The objective is to provide safer custody and better
rehabilitation in the hopes of a greater whole a more inclusive society.

Introduction
In the context of fair and effective penal management, while every person in custody (PIC) shall
receive equal treatment regardless of age, sex, race and ethnical background, the Hong Kong
Correctional Services Department (CSD) recognises that in addition to the treatment and programmes
generally applied to everybody, those specifically designed for PICs of categorical differences with
special needs could be beneficial to their safe custody as well as their rehabilitation and reintegration
into the society upon release.
Amongst a sea of attributes, CSD identifies several groups of PICs with special needs, i.e. female,
the physical and mentally disabled, sex offenders, drug abusers, other nationals, the elderly, long
term sentenced persons and young persons. This article discusses the strategies of CSD in utilising
the existing available recourses and programmes and optimising the support available from the
community. The end goal is to address the needs of these PICs for safer custody and better
rehabilitation in the hope of a greater whole a more inclusive society.
Female PICs
Prison is generally a male-dominated environment where female PICs, as revealed by our statistics,
constitute around 1/5 of our total penal population, a significant portion of the penal population.
Female PICs tend to have additional needs with regards to: (i) family responsibilities, (ii) psychosocial
concerns and (iii) medical care during incarceration. CSD strives to utilise its own resources and
those available in the community to provide female PICs with appropriate programmes to meet their
gender-specific physical, social and psychological needs.
A gender-specific approach can be seen in the health-care and rehabilitation programmes provided
to female PICs. Amongst other strategies, the Parent-Child Centre and Psychological Gymnasium
are the latest approaches that have been implemented which seek to help encourage incarcerated
mothers to fulfil their maternal role and responsibilities, and help manage emotional problems and
1

Senior Superintendent of Correctional Services Department, Hong Kong Special Administrative Region, China, Floor 24,
Wanchai Tower, 12 Harbour Road, Wanchai, Hong Kong, Contact email: lau_kp@csd.gov.hk

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interpersonal relationships in a more effective manner.


PICs with Mental and Physical Disabilities
Disability, according to the United Nations World Programme of Action concerning Disabled
Persons, refers to a great number of different functional limitations occurring worldwide. Regardless
of whether the disability is permanent or transitory, a disabled person could suffer from physical,
intellectual or sensory impairment, or from some mental condition or illnesses. In the context of CSD,
disability falls into two main categories, namely mentally disabled or ill and physically disabled. In
2014, over 6% of our total penal population were identified with disabilities. Accordingly, measures
were put forward to facilitate their care and address their special needs.
A CSD psychiatric hospital under the charge of professionals in various fields is administered for
PICs with mental disabilities, where psychiatric treatments and diverse therapeutic treatments are
delivered. Physical facilities and work allocation are reviewed and staff training and liaison with other
agencies are amongst the actions performed to fit the needs of PICs with physical disabilities as far as
practicable. Amputated PICs or other severely physically disabled would be referred on advice from
the medical officer to an appropriate authority to seek their cooperation on specialist treatment in
institutional hospitals. Assistance may take the form of physiotherapy or mechanical aids to assist
in the PICs rehabilitation and every encouragement will be given to the authority with a view to
continuing to assist the PICs after discharge.
To facilitate the caring for PICs with disabilities, an effective working relationship has been
established and maintained with other professionals, including the clinical psychologists and medical
officers of the Department and other related personnel of outside organisations, such as the Social
Welfare Department of the Hong Kong Government, for ensuring that proper care is rendered to PICs
with disabilities upon their discharge.
Sex Offenders
Around 3% of PICs who were sentenced for committing sex offences are clinically referred to as sex
offenders by our Psychological Services Section (PSS). As revealed in a review conducted by PSS in
2011, more than half of the sex offenders assessed displayed problems specifically associated with
their offences such as mood management, sexual attitude, difficulties in intimate relationships, victim
empathy and sexual deviance (Lee, 2011).
To address the pathological needs of sex offenders, the Sex Offender Evaluation and Treatment Unit
(ETU) provides a special therapeutic environment within a discrete unit to promote mutual care and
support amongst the participating sex offenders for psychological change, and serves as a resource
centre for developing psychological programmes for sex offenders. Consistent with their assessment
results conducted as part of the Sex Offender Orientation Programme (SOOP), eligible sex offenders
will be provided with specialised programmes of different intensities, namely, High Intensity
Programme (HIP), Moderate Intensity Programme (MIP), Short-Termer Programme (STP) and
Booster Programme (BP). The programme topics include Understanding personal offending
behaviour, Enhancing self esteem, Mood management, Relationship skills training, Handling
deviant sexual interest, Victim empathy training and Developing self-management plans etc.

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PICs related to Drug Abuse


According to the statistics of the Narcotics Division, Security Bureau of the Hong Kong Government,
around 75% of drug abusers are previously convicted (CRDA, 2015). This shreds light on the close if
not direct connection between drug abuse and committal of crimes. While not solely related to the
abuse of drugs, a considerable share of the penal population is made up of those having committed
drug related offences including trafficking in dangerous drug(s), and possession of dangerous drug(s).
The Drug Addiction Treatment Centres Programme (DATC) is administered by CSD specifically for
offenders ordered by the court in lieu of prison sentences upon consideration of various risk factors,
including drug abuse history. This is the main measure which address the needs of PICs related to
drug abuse. Programme Matching rehabilitative programmes under the drug abuse domain of the
Risks & Needs Assessment and Management Protocol for Offenders are provided to PICs identified
with such need. Resources in the community are also utilised for offenders discharged from DATC to
join the Continuing Care Project in which seven NGOs would provide sustainable assistance to the
needy discharged PICs having completed statutory supervision on a voluntary basis.
PICs of Other Nationalities
Hong Kong prides herself on being a multicultural society. The penal population of Hong Kong also
comprises PICs of other nationalities. Referred to as a particularly vulnerable group by United
Nations Office on Drugs and Crime (UNODC, 2008), CSD concurs and considers that the absence of
common language, as well as possible actual or self-internalised discrimination, would be amongst
the biggest challenges posed to PICs of other nationalities.
Due regard is paid to the pursuit of equality amongst PICs and of helping PICs of other nationalities
to overcome language barriers. To this end, the booklet of Information for Persons in Custody to be
distributed to PICs upon admission is translated and available in 27 languages (28 written languages
including traditional and simplified Chinese)2 so as to allow PICs of other nationalities to understand
as soon as practicable the necessary information about their incarceration. Apart from the purchase
of books of different languages for institutional libraries by CSD, donations of books of different
languages are welcomed from Consulates and outside organisations. CSD also offers Cantonese3
learning classes as well as Cantonese self-learning kits to PICs of other nationalities to enhance
their ability to speak and understand Cantonese sufficiently to assist them to better adapt to the
institutional life.
An External Affairs Unit has been established for communication with respective Consulates.
Recruitment policy on equal opportunities to non-ethnic Chinese applicants and publication of
guidelines on promoting racial equality are implemented. Basic staff trainings of foreign languages
including Nepali, Urdu, Punjabi and Vietnamese to facilitate their communication with PICs speaking
these languages, together with the availability of leaflets/ phrasebooks in different languages and
the introduction of mobile tablet devices installed with Google Translate with 90 languages, are
2

Information for Persons in Custody is available in the following languages:-

Chinese (Traditional), Chinese (Simplified), English, French, Burmese, Hindi, Indonesian, Italian, German, Korean, Malay,
Nepali, Japanese, Portuguese, Romanian, Russian, Outer Mongolian, Swahili, Tagalog, Tamil, Spanish, Turkish, Urdu,
Vietnamese, Thai, Arabic, Begali, Dutch

Cantonese is the predominant spoken dialect of the Chinese language in Hong Kong.

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a few examples of the actions taken to facilitate communication between staff and PICs of other
nationalities.
Elderly PICs
Elderly care is a worldwide concern following the global trend of population aging, including in Hong
Kong. CSD defines PICs aged 65 or above as elderly PICs with reference to the standard adopted
by our overseas counterparts and some Asian developed countries. While the present percentage of
sentenced persons aged 65 or above does not appear to be overwhelmingly large, an increasing trend
has been observed coupled with an increase of sentenced persons aged 60 to 64. Consequently, the
projected number of elderly PICs is expected to be significant.
Special considerations for the elderly PICs include providing medical care such as regular body checks,
health talks and exercises appropriate to the age and physique of the PICs to keep their health. PICs
diagnosed to suffer from dementia will be referred to psychiatrists for consultation and treatment.
Less demanding and appropriate types of jobs (e.g. envelope making, file jackets production and
gardening, etc.,) would be arranged for PICs of lower fitness level. Facilities such as soft power balls
and stair steppers, handrails, anti-slip tiles, sufficient lighting, etc. are installed in institutions to suit
the needs of PICs with different levels of physical fitness or disabilities. One of our institutions in
particular has been set up with an Elderly Unit in 2015 to cater for the growing number of male elderly
PICs. The Unit is equipped with facilities and measures such as sitting type toilet bowls, handrails
in toilets and bathrooms, larger-print notices, etc. to suit the specific needs of PICs of a specific
age group. To optimise community resources available, referrals under the Continuing Care Project
are made with the appropriate NGOs for discharged elderly PICs having completed their statutory
supervision, so that sustainable assistance can be ensured.
PICs Sentenced to Long Term Imprisonment
PICs sentenced to long term imprisonment are, quite interestingly , the group with needs similar to
elderly PICs. Transition from incarceration to community life after a relatively lengthy sentence might
pose real-life problems and psychological pressure onto the PICs upon release, especially in these
days of technological developments when everything in the world changes and moves forward faster
than ever. It should also be noted that PICs sentenced to long term imprisonment are highly likely
convicted of serious offences. There is a need to provide incentives to lead a positive custodial life in
prison, and long term review of their discipline and rehabilitation progress is require.
While adopting the Sentence Planning Scheme to help PICs sentenced to long term imprisonment
make meaningful and constructive use of their time spent in custody, to reduce re-offending risk
and to lead to law-abiding and useful lives after release, assistance is also rendered to help these
individuals handle their transitional issues and adjust themselves to the fast-changing world in the
form of statutory supervision, pre-release reintegration orientation courses and halfway houses
services.
Young PICs
Young PICs also comprise a significant portion of the total penal population. It is often the nave
innocence and immaturity of the young offenders, especially in aspects such as poor decision making,
not thinking about future, and unformed identity, etc. that leads to their not-so-innocent criminal
behaviour (Scott, 2008). Poor family relationships (Wong, 2002) as well as lack of social commitment
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and responsibility (Traver, 2002) are also common causes that lead to committal of offenses
especially for young offenders in Hong Kong.
The Inmate-Parent Programme aims to help young PICs to establish and consolidate the
relationship with their parents and improve communication skills, so that on the one hand, allow the
parents to stay positive and prepare for and handle their childrens potential rehabilitation issues
upon discharge, and on the other hand, boost the determination of the young PICs to stay away from
crimes upon discharge. We provide half-day compulsory education classes and half-day compulsory
market-oriented vocational training to young PICs, by which positive attitudes and values can be
nurtured. To recognise their efforts in and commitment to personal enhancement uplifting their
positive identity, certificate presentation ceremonies are held with appropriate media coverage for
PICs accomplishing public examinations with accreditation. Under the Character Development
Programmes in our Training Centres, young PICs are given ample opportunities to participate in
community-based activities held outside institutions (e.g. band performances, camping, expeditions,
visits and voluntary services) to boost their confidence and facilitate their reintegration into society.
A Half-way house training phase involving leaving the institutions for work, classes and community
service activities during daytime, are amongst the approaches which can help young PICs develop
positive values and virtues. Besides all of this, on-going individual or group counselling sessions are
arranged to consolidate their sense of self-discipline and positive work habits.
Conclusion
CSD Hong Kong is committed to providing fair and equal treatment to all persons sentenced to its
custody. Female PICs, PICs with physical or mental disabilities, sex offenders, PICs related to drug
abuse, PICs of other nationalities, elderly PICs, PICs sentenced to long term imprisonment and young
PICs are identified by CSD as the PICs with special needs which should be addressed by means other
than the usual treatments and programmes generally applied to every PIC. In summary, our CSD
has focused on developing a multi-faceted gender-specific approach to female PICs, implementing
appropriate measures to assist in the management of PICs with physical or mental disabilities,
specialised evaluation and treatment for sexual offenders, programmes addressing the issue of
drug abuse for PICs with these problems, various efforts for assisting PICs of other nationalities to
overcome language barriers and equality concerns, institutional hardware to support the elderly PICs,
transitional assistance for PICs sentenced to long term imprisonment to adjust in our fast-changing
world, and personal development programmes for young PICs. In all of its efforts, CSD works towards
utilises the existing available recourses and programmes and optimises the support available from
the community to address the needs of these PICs for safer custody and better rehabilitation.
Identifying the differences and addressing the special needs of our PICs, we are not creating different
categories of PICs who are to receive different or additional treatments, but indeed contributing to
the growth of a better rehabilitation environment and atmosphere, both inside and outside of our
correctional institutions. It is our belief that this can enhance each and every PICs determination to
rehabilitate, as well as galvanizing much needed community support for rehabilitation. Challenges to
achieve these aims are indisputable, but it is ultimately the shared mission, humanity and hope of our
staff to embrace the differences, as resembled in our epigraph, that encourages every rehabilitated
person to take a step to be back to and as us, and helps us all to leap together to a more inclusive
society.

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LIST OF REFERENCES
Lee, Yvonne K.S. (2011) Managing Re-Offending Risk of Incarcerated Sex Offenders: Psychological
Services in Hong Kong. Hong Kong: Correctional Services Department.
Narcotics Division, Security Bureau, Hong Kong. (2015) CRDA and Drug Statistics. Retrieved August
8, 2015 from Narcotics Division: http://www12.statcan.ca/english/census01/products/standard/
themes/ListProducts.cfm?Temporal=2001&APATH=3&THEME=43&FREE=0
Psychological Services Section 1, Rehabilitation Division, Hong Kong Correctional Services
Department. (2014) Psy Gym - Personal Growth and Emotional Treatment Centre for Women.
Hong Kong: Correctional Services Department.
Scott, Elizabeth S. and Laurence Steinberg. (2008) Adolescent Development and the Regulation of
Youth Crime, in The Future of Children: Juvenile Justice, Volume 18, Number 2, Fall 2008, New
Jersey: Princeton University, pp. 15-33.
Traver, H. (2002) Juvenile Delinquency in Hong Kong, in J.A. Winterdyk (ed.) Juvenile Justice Systems:
International Perspectives, 2nd edn, Toronto: Canadian Scholars Press Inc., pp. 207-34
UNODC Handbook for Prison Managers and Policymakers on Women and Imprisonment (2008) New
York: Criminal Justices Hand Book Series.
United Nations World Programme of Action concerning Disabled Persons. United Nations Enable:
http://www.un.org/disabilities/default.asp?id=23
Wong, Dennis S.W. (2002, August 8-10) Developing Restorative Justice for Juvenile Delinquents
in Hong Kong. Seminar presented at the Dreaming of a New Reality, the Third International
Conference on Conferencing, Circles and other Restorative Practices, Minneapolis, Minnesota.

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Article 14: Leading Change in Contemporary Correctional Systems


Prioritising Human Resource Management

LEADING CHANGE IN CONTEMPORARY CORRECTIONAL SYSTEMS


PRIORITISING HUMAN RESOURCE MANAGEMENT
Virginia LEUNG Wai-chong1
Correctional Services Department of Hong Kong

Abstract
Contemporary correctional systems are facing numerous challenges ranging from traditional
concerns such as prison security, to rising public expectations for the treatment of offenders. As
a result, more comprehensive measures must be taken to overcome these obstacles. Being aware
of the necessity to manage attendant risks, the Hong Kong Correctional Services Department
identifies and targets efficient human resource management as one of the most important factors
for a successful correctional system. This includes but is not limited to reinforcing a strong sense
of belonging and self-motivation of staff, building up professional knowledge and strategic training
plans, offering psychological support to staff members, and most importantly, the implementation
of Vision, Mission and Values of the Department in everyday operations. These measures have
produced positive results; increased efficiency and as a result improved bonding between staff
members, and improved professional relationships between staff and offenders, has been observed.
The Hong Kong Correctional Services Department will continue to lead its staff members to commit
to the Departments VMV to strive for excellence and take pride as correctional officers to face the
challenges ahead. This paper attempts to summarize our approach in this arena of correctional
challenges.

Introduction
The Hong Kong Correctional Services Department (HKCSD) strives to provide quality custodial
services and comprehensive rehabilitation programmes to offenders notwithstanding the challenges
facing many contemporary correctional systems, including rising public expectations and concerns
about correctional policies, prison discipline and prison security, etc. To cope with these challenges,
the HKCSD adopts a people-oriented human resource management model that focuses on staff
development in relation to strengthening their operational knowledge as well as taking care of their
physical and psychological health.
Challenges and Risks in Contemporary Correctional Systems
Many contemporary correctional systems have transformed from adopting a purely custodial function
to more comprehensive and integrated strategies for facilitating offender rehabilitation (Riveland,
1999). Not only do we act as Society Guardians who protect the public by ensuring safe custody of
offenders sentenced by the court, we also take up the role of Rehabilitation Facilitators to facilitate
smooth and successful reintegration of rehabilitated offenders into the society as law-abiding
citizens. Of importance, the work is done in collaboration with the community and other stakeholders.
In recent years, public concerns and expectations about the treatment of offenders is a phenomenon
1

Senior Superintendent of Correctional Services Department, Hong Kong Special Administrative Region, China Floor 24,
Wanchai Tower, 12 Harbour Road, Wanchai, Hong Kong Contact email: lau_kp@csd.gov.hk

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that has grown worldwide (Coyle, 2002). Therefore, correctional officers nowadays are required to
have the skills to interact with the public in order to gain support for progressive correctional policies.
Recognizing the importance of the public engagement strategy, the HKCSD partners actively with the
public in the treatment of offenders.
It is undeniable that correctional rehabilitation remains the last resort for those who have committed
offences and for whom a period of detention is necessary for the protection of society. Offenders vary
in a multitude of ways, from their sentence type, criminal sophistication, gender, age, security risk,
to rehabilitation needs, etc. Thus, it is a constant challenge to respond to the specific and diversified
needs of different groups of offenders with limited recourses while simultaneously aiming to maintain
the highest standard of custodial and rehabilitation services to meet public expectations. By necessity,
arrangements related to penal operations, staff training and rehabilitative programmes have to be
carefully and proficiently considered, designed and implemented.
Although most persons in custody under the HKCSD are remorseful, some individuals tend to get
involved in misconduct from time to time, thus affecting overall prison discipline and the safety of
others. In 2014, 3,592 disciplinary charges were laid against persons in custody for violating prison
discipline. Amongst these cases, 567 cases were violent in nature, mainly involving fighting amongst
persons in custody. The increase in the rate of disciplinary offences and acts of violence reflects
the challenges and pressures encountered by correctional officers. Without early detection and
intervention by staff members and imposition of appropriate punishment, many situations could
easily deteriorate. This certainly has serious implications on the order and operations of correctional
facilities and even the safety of the stakeholders concerned.
Meanwhile, the penal population has witnessed a growing number of persons in custody aged 65 or
above over the past decade. In 2014, a total of 340 persons aged 65 or above were sentenced and
admitted to correctional facilities, representing an increase of 81.8% as compared to 187 persons in
2005. This ageing population brings about many other challenges. For example, the number of cases
of medical emergencies, persons in custody diagnosed with chronic illnesses, and those who are in
physical decline have also shown an increase in recent years. This inevitably increases the burden
of expenditure for healthcare and extra facilities, as well as the demand for staff to have specific
knowledge for the management of these kinds of persons in custody.
Apart from traditional obstacles, such as long working hours, remote workplaces and complicated
job duties, correctional officers also have to handle offenders with different backgrounds. It is
not uncommon to find infectious diseases such as Human Immunodeficiency Virus, Pulmonary
Tuberculosis, Hepatitis B, etc. in persons in custody, not to mention the flow of contraband such
as dangerous drugs, home-made weapons etc. which are also found at times. Undoubtedly, these
diseases and contrabands pose serious threats to both the correctional facilities as well as staff
members. Moreover, with cases of drug abuse on a rising trend, correctional officers encounter a
considerable amount of additional work stress. This is particularly due to the fact that drug abuse
has a major role in the development of psychiatric illnesses and self-harm cases among the abusers.
With regard to these new challenges, it is not difficult to understand that correctional officers would
encounter various sorts and levels of difficulty and pressure.

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Prioritising Human Resource Management
Despite all these challenges, it is noteworthy that there have been no cases of successful escape
in the past eight years. Correctional officers must remain vigilant and ensure that escapes do not
happen in correctional facilities or during escort of persons in custody to outside locations. Moreover,
rising concerns regarding offenders human rights from both the public and the offenders themselves
produce even more legal challenges, exerting another kind of psychological stress on correctional
officers. The physical and psychological challenges towards correctional officers cannot be
underestimated (Liebling, 2011).
Strategic Approach for Human Resource Management
To face the above challenges, correctional officers must be well-motivated, well-trained, and welldisciplined. We understand that our human resource is the most valuable asset of the Department,
and thus we consider that it is the responsibility of management to introduce various useful and
efficient initiatives to support our colleagues for their well-being whenever they are in need. To
achieve its goals, the HKCSD has formulated a management model with diversified strategies for
human resource management and the details of its practices and strategies are summarized in Figure
1.
Reinforcing Strong Sense of Belonging and Self-motivation of Staff
Maslows hierarchy of needs outlines five levels of needs that must be satisfied sequentially in
order to achieve self-actualization. The need for belonging is the third stage and a major source of
human motivation (Maslow, 1970). If the belonging needs are not met, an individual cannot completely
achieve his self-actualization. With this in mind, the HKCSD exerts its effort to maintain a strong sense
of belonging among staff members. We understand that staff commitment towards the Department
is an essential element of success; therefore staff members are encouraged to participate in the
process of creating the Vision, Mission and Value (VMV) of the HKCSD. The VMV statement promotes
the joint effort of staff members of the HKCSD and to develop a common mindset and wholeheartedly
uphold the values of the Department. For example, all our senior executives are expected to take up
roles as leaders and actively engage themselves in the promotion of the VMV so as to train up fellow
staff members and to lead them to dedicate to the service. This allows all staff of the HKCSD to own
these values as a shared set of values and to carry through with their expression in their day to day
work.
Building up Professional Knowledge and Strategic Training Plans
Following the establishment of VMV, the overriding question then becomes how to translate
these values into operational behavior and service standards to be consistent with the strategic
objectives of the Department. All in all, the formulation of clear, concrete and precise guidelines for
staff observance is always the key to success. Thus, the HKCSD has introduced various initiatives to
address these issues by giving support to her staff members.
Persons in custody may sometimes become involved in violent incidents, which require intervention
by correctional officers. Thus, 80 hours of tactical training, ranging from self-defense, pressure point
control tactics, close quarters countermeasures techniques, small group tactics, Tai Chi Safe Defensive
Techniques, and anti-riot drill to scenario training, have been arranged for every newly recruited staff
member. Refreshers courses and advanced training on such topics are also provided to serving

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Figure 1: Attendant Risk Management Model in the HKCSD

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Prioritising Human Resource Management
officers. In addition, we carry out regular exercises from institutional, regional, to departmental level
to enhance the readiness of our officers to cope with any untoward incidents and emergencies. In
response to the increasing trend of high-risk offenders, the HKCSD has established procedures for
frontline officers to follow in handling agitated or violent-prone offenders in correctional institutions,
as well as increased provision of accoutrements such as extendable truncheons, OC Foam, handcuffs
and handcuffs transport belts, etc. to better equip staff members for performance of different duties.
The HKCSD is also committed to ensuring occupational health and safety for all staff members with
a view to taking care of their well-being and to maximizing their productivity in contributing to the
core business. The Departmental Occupational Safety and Health Steering Committee has been
established to play a leading role in promoting Occupational Safety and Health (OSH) culture among
staff members. From time to time, staff members from various correctional institutions have been
nominated to attend OSH training courses. Furthermore, institutional OSH Officers are responsible
for conducting risk assessments twice yearly on institutional premises and work practices to identify
potential risks in the workplace. Recommendations that are made to provide a safe and healthy
working environment for staff members are implemented and followed through. The HKCSD makes
use of a combination of safety training and safety protocols to prevent as many on-duty staff injuries
as possible.
Enhancement of e-Learning Platforms
Apart from the training provided to staff members as mentioned above, staff can also access an
electronic learning platform and acquire relevant reference materials at their own pace. When
compared to traditional training methods, e-Learning is an interactive and highly efficient mixed-mode
training approach with extensive staff coverage and substantial reduction in training resources. Its
advantages have been proven to be immense and far-reaching, not to mention its flexible and versatile
characteristics. Its effectiveness in terms of cost, manpower and time is also crucial for better
resource utilization. Most importantly, this e-Learning approach can engender a lifelong self-learning
culture across the Department and bring ongoing enhancement to the professional and academic
standing of our staff members.
In this regard, the HKCSD has further developed a Knowledge Management System (KMS) that aims
to help staff members to cope with challenges from work in a better way and foster professional
development by making reference to the precedent experience picked up from predecessors. With the
aid of well-structured and well-organized sharing of knowledge and experience, in particular those
accumulated with decades of handling and managing offenders, we can tackle challenges arising from
the ever-changing environment swiftly and respond promptly and suitably without disappointing the
ever-rising public expectations.
Staff Psychological Services
As already noted, correctional officers face many challenges and risks at work, the most prominent
ones being assault from violent-prone persons, attempted escapes, and discipline of offenders.
Inevitably, this puts our staff members in a position to be both physically and psychologically
vulnerable, hence causing significant amounts of stress, which can affect both their work and
personal lives. To cater for staff members physical and psychological well-being, the HKCSD has
developed websites specifically to meet their needs by offering resources such as Emotional Firstaid, Hearty Words illustrated by comics and short movies so that they can understand themselves
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better and freely explore their options in times of emotional distress. Apart from introducing
these websites, the HKCSD has also enhanced staff well-being by employing an additional clinical
psychologist in 2011 to expand the psychological services offered to staff members as well as their
family members. Thematic talks are also organized to help our staff members to enhance their
abilities to cope with adversities.
Healthy and Balanced Lifestyle
It is equally important for our staff members to have a healthy work-life balance to relieve their
stressful lives. The HKCSD sees the importance of stress release and strength building in managing
this balance. Since 2009, the HKCSD has rolled out a Healthy and Balanced Lifestyle Campaign.
Various health-related activities have been held for our staff members and their families throughout
the year because we believe that family support and bonding are important for maintaining a healthy
and productive workforce. Family fun days and parent-child activities are held in order to strengthen
staff members familial relationships. Furthermore, staff members are invited to share their healthy
and positive life experiences in the departmental monthly newsletter The Guardian under the Elites
of CSD column, which regularly showcases staff members positive contributions and achievements,
aiming to inspire fellow staff members and promote the positive values across our team.
We are proud that a departmental sports association, namely the Correctional Services Department
Sports Association (CSDSA), was formed in 1951 aiming to promote and facilitate staff members
participation in different sports, to advocate the importance of health and fitness, and to propagate
teamwork and sportsmanship. Currently, there are over 30 sub-associations running under the charge
of the CSDSA, providing many opportunities for our staff members to take part in various kinds of
sports. Annual athletic meets, swimming galas, and other institutional sports competitions are held
on a regular basis for staff members and their loved ones to participate and to foster the spirit of
camaraderie.
In order to strengthen our staffs commitment and sense of belonging towards society with a view
to building a mutual-aid and mutual-care community together, a Correctional Service Staff Volunteer
Group was formed in 2006 and later renamed as Oi Kwan Volunteer Group in 2009, which now has
around over 3,100 members who give support to many charity events / services for over 31,000 hours
in the year. Apart from good citizenship, all the above initiatives help with bridging our staff to the
Departments organizational values, strengthening team spirit and enhancing our departmental image.
Staff participation in the course of various activities also offer them more opportunities for exposure
and interaction with outside parties, therefore leading to more reflection and inspiration in their
occupation as correctional officers.
Conclusion
In addition to playing a primary role in taking care of offenders committed to custody, correctional
officers are also required to prepare those offenders for reintegration into society, to participate in
community education and to encourage the public in supporting offenders rehabilitation. Not only
do these officers face conventional work pressures, but due to the uniqueness of their job, they also
have to face and conquer rising public expectations, physical and psychological stress. We believe
it is critical to provide our staff members with sufficient training for professional development and
adequate support for their wellbeing. Doing this not only supports our staff members but also allows
136

Article 14: Leading Change in Contemporary Correctional Systems


Prioritising Human Resource Management
them to work more effectively with our offenders. A positive attitude among staff members will
inevitably have an influence on the positive attitude of offenders. By adopting a consistent peopleoriented approach, the HKCSD has formulated and implemented a set of human resource strategies
for managing the risks faced by staff members in contemporary correctional systems. We believe this
is an essential aspect of managing a successful correctional service.
LIST OF REFERENCES
Alison Liebling, David Price and Guy Shefer, The Prison Officer, (2011), Prison Service Journal.
Andrew Coyle, Managing Prisons in a Time of Change, (2002), International Centre for Prison
Studies.
Chase Riveland, Prison Management Trends, 1975-2025, (1999), Crime and Justice, Volume 26.
University of Chicago Press.
Maslow, A., Motivation and personality, (1970), New York: Harper & Row.
United Nations Office on Drugs and Crime (UNODC), Handbook on Prisoners with Special Needs,
(2009), New York: Criminal Justices Hand Book Series.

137

Advancing Corrections Journal: Edition #1-2016

GUIDELINES FOR AUTHORS


-- For publication in ADVANCING CORRECTIONS -JOURNAL OF THE INTERNATIONAL CORRECTIONS AND PRISONS ASSOCIATION
Aims & Scope
Advancing Corrections is a new peer-reviewed publication that provides an interdisciplinary and
international forum for the dissemination of new research, policies and practices related to advancing
professional corrections worldwide. The aim is to provide an opportunity for both researchers and
practitioners from a wide range of disciplines (criminal justice, psychology, sociology, political science,
economics, public health, and social work) to publish papers that examine issues from a variety of
perspectives in a unique, interdisciplinary forum. Your paper could be an evidence-informed discussion
of an important issue related to the theme of our next ICPA Annual Conference, a summary of some
new research findings and their implications for practice, a description of an innovative program or
approach, or an informed commentary on some aspect of managing a key issue in corrections.
Review of Manuscripts
Article contributions will only be considered provided they have been edited and are ready for
processing, namely: language edited, stylistically polished and carefully proof read in following
the technical format and referencing guidelines as provided below. In submitting a paper author/s
acknowledge that it is their own original work and that all content sourced from other authors and/or
publications have been fully recognized and referenced according to the guidelines for authors.
Manuscripts will be submitted to referees (in a double blind review process) for evaluation and
they may be altered or amended in the interests of stylistic consistency, grammatical correctness
or coherence. The refereeing process will be anonymous and the identity of referees will remain
confidential. It remains the prerogative of the editors to accept or reject for publication any
submission and their decisions are final. They will not enter into any debate or correspondence
regarding any decision made. Evaluators agreeing to referee articles are requested to provide, where
possible, critical and constructive feedback on the work of their peers.
Apart from scientific shortcomings or inconsistencies, the following evaluative criteria will be
considered:



The theme of the paper is significant and useful (timely, important, in need of addressing);
The paper addresses (unpacks) themes logically, consistently and convincingly;
The paper demonstrates an adequate understanding of the literature in the field;
The paper demonstrates a critical self-awareness of the authors own perspectives and
interests;
Conclusions are clearly stated and they adequately tie together the elements of the paper;
The standard of writing (including spelling and grammar) is satisfactory and the style of writing
is practitioner-oriented;
Sources consulted are sufficiently acknowledged (included in a list of references).

138

Guidelines for Authors

Manuscripts that are submitted to Advancing Corrections should be accompanied by a statement


that they have not been (or will not be) published elsewhere in the same version as submitted to
Advancing Corrections. ICPA does not wish to curtail authors from publishing their work in other
scholarly and academic journals or publications. However, the paper submitted to Advancing
Corrections should be an original piece that will not be duplicated elsewhere without permission from
ICPA.
Submission of Manuscripts
Manuscripts should be submitted electronically to Aleksandar Petrov at the ICPA Head Office
(aleksandarpetrov@icpa.ca), with a copy to Dr. Frank Porporino, Chair of the ICPA Research and
Development Expert Group and Editor of Advancing Corrections (fporporino@rogers.com).
Papers that are submitted for consideration should adhere to the following minimum standards and
technical and formatting requirements:
1. All parts of the manuscript, including referencing, should follow standard American
Psychological Association (APA) format; the paper should be double-spaced, with margins of at
least one inch on all sides and with manuscript pages numbered consecutively. Suggested page
length is from 7-15 pages, double-spaced (about 2000 to 5,000 word count). Each paper should
be summarized in an abstract of not more than 100 words.
2. The title of the article (in uppercase) and the authors full first name and surname, designation,
institutional affiliation, address & contact email should appear on the first page.
3. Font: Times New Roman 12
4. Page numbers: are also TNR 12 font and centered in the footer section of each page.
5. Spelling: Please make use (choose this as your default option) of the North American spellcheck
and NOT the UK one.
6. Use of quotes and italics: Long quotes are placed in a separate paragraph and must be indented
from both sides.
ICPA wants to encourage authors to include references with their papers in order to allow readers to
do follow-up reading on the topic in question. Manuscripts, including figures, tables, and references,
must conform to the specifications described in the Publication Manual of the American Psychological
Association.
Examples for Referencing:
Journal: Beck, A. T., Epstein, N., Brown, G., & Steer, R.A. (1988). An inventory for measuring clinical
anxiety: Psychometric properties. Journal of Consulting and Clinical Psychology, 56, 893-897.
Book: Wechsler, D. (1987). Wechsler Memory Scale- Revised. San Antonio, TX: Psychological
Corporation.
Contribution to a Book: Chow, T.W., & Cummings, J.L. (2000). The amygdale and Alzheimers disease.
In J.P. Aggleton (Ed.) The amygdale: A functional analysis (pp. 656-680). Oxford, England: Oxford
University Press.
Other Documents: African Charter on the Rights and Welfare of the Child. (1999). Available at: http://
www.umn.edu/humanarts/africa/afchild.htm (accessed [or retrieved] on: 14 January 2005).
Mashaba, S. 2008. State intensifies war against drug abuse. Sowetan, 23 June: 5. Available at: http://
139

Advancing Corrections Journal: Edition #1-2016

www.sowetan.co.za/PrintArticle.aspx?ID=1147429 (accessed on: 25 June 2008).


Illustrations:
Illustrations submitted (line drawings, halftones, photos, photomicrographs, etc.) should be clean
originals or digital files. Digital files are recommended for highest quality reproduction and should
follow these guidelines:
300 dpi or higher sized to fit on journal page. EPS, TIFF, or PSD format only submitted as
separate files, not embedded in text files
Tables and figures should not be embedded in the text, but should be included as separate
sheets or files. A short descriptive title should appear above each table with a clear legend
and any footnotes suitably identified below. Figures should be completely labelled, taking into
account necessary size reduction.
If you have any questions regarding submission of your manuscript, please contact the ICPA Head
Office at contacticpa@icpa.ca.

140

CALL FOR PAPERS


-- For publication in Edition #2-2016, ADVANCING CORRECTIONS -JOURNAL OF THE INTERNATIONAL CORRECTIONS AND PRISONS ASSOCIATION
SUBMIT BY JUNE 30th, 2016
AIMS AND SCOPE OF ADVANCING CORRECTIONS
The ICPA believes that development of a professional and humane corrections should be grounded
in evidence. Respect for evidence is a hallmark of the ICPA. But evidence is of little value unless it
is understood and put into action. Our new semi-annual Journal Advancing Corrections is intended
to fill the need for researchers to speak more clearly to practitioners and practitioners to speak in a
more evidence-informed way to their colleagues. We want to provide a forum for both researchers
and practitioners from a wide range of disciplines (criminal justice, psychology, sociology, political
science, economics, public health, and social work) to publish papers that examine issues from a
unique, interdisciplinary and global perspective. Your paper could be an evidence-informed discussion
of an important correctional issue, an overview of some new research findings and their implications
for practice, a description of an innovative program or approach, or an informed commentary on
some aspect of managing a key issue in corrections.
The Journal invites submission of papers that can be digested and appreciated by practitioners,
managers, policy-makers and other correctional professionals. Authors are welcomed to submit
papers for one of three sections of the Journal. Featured Articles should be more research oriented
and scholarly, including the usual practice of referencing the relevant literature. Another section
called Views and Commentaries welcomes shorter and thoughtful discussions of a particularly
relevant or emerging issue/topic. And finally, a section we are calling Practice Innovation in
Corrections would like to profile what is going on in a given agency/jurisdiction that is especially
innovative and can be of interest broadly to others.
Since the theme of our next ICPA Annual Conference is on Leadership in corrections, we would
especially welcome manuscripts for the next issue of Advancing Corrections that examine some
aspect of leadership in our field, the challenges of implementing change, strategies for measuring
and improving performance both in prison and community settings, and any new research findings
that have clear implication for helping lead corrections towards excellence.
HOW SHOULD YOU SUBMIT YOUR PAPER?
Manuscripts should follow the Guidelines for Authors for the Journal. Suggested page length is from
7-15 pages (about 2000 to 5,000 word-count), although lengthier research-oriented manuscripts or
reviews may be considered based on merit. Whenever appropriate, papers should include referencing
of other related scholarly work, though it is emphasized that Advancing Corrections is not intended
as an academic publication. Papers should be respectful of evidence but they should be written in
a way that appeals to practitioners. For the next issue of Advancing Corrections we ask that you
submit your paper electronically by June 30th, 2016 to Aleksandar Petrov at the ICPA Head Office
(aleksandarpetrov@icpa.ca), with a copy to Dr. Frank Porporino, Chair of the ICPA Research and
Development Expert Group and Editor of the Journal (fporporino@rogers.com).

WHAT WILL HAPPEN TO YOUR PAPER?


Advancing Corrections has an international Editorial Review Board and submitted papers will
undergo a formal and rigorous peer review process. The ICPA Research and Development
Expert Group is committed to finding more and better ways of communicating research-informed
knowledge to the ICPA membership. Members of the group serve as reviewers of submitted
manuscripts. The Editor of Advancing Corrections and the ICPA Executive Director will manage the
process of selecting manuscripts for review and choosing the final set of papers to be included in
each edition of Advancing Corrections. Papers that may not be suitable for the publication may
nonetheless be posted on the ICPA Web Site for the information of ICPA members.
If you believe that evidence and facts should be the drivers for change in corrections rather than
opinion or ideology, please make an effort to support this exciting new ICPA initiative.
Sincerely

Frank J. Porporino, Ph.D.


Editor Advancing Corrections and Chair, ICPA Research & Development Expert Group

2016/17

Our Future Events


BUCHAREST
23 - 28 October 2016

ICPA 18th AGM and Conference

Correctional Leadership: Engaging Hearts and Minds

ICPA returns to Europe for its 18th Annual


Conference in Bucharest hosted by the
National Administration of Penitentiaries.
Mark your calendar and plan to join us in
Romania 2016!
More information: www.icpa.ca/bucharest2016

STOCKHOLM
Dates to be confirmed...
1st International Symposium
on Correctional Research

Enhancing Comparability and Understanding

This event aims to strengthen the global


research network, raise awareness of
operational and applied research projects,
to encourage greater cross-jurisdictional
comparative research, and to promote the
development of shared data definitions
and improvement of cross-jurisdictional
comparisons.
Updates will be available soon on: www.icpa.ca/icpa-events

LONDON
October 2017

ICPA 19th AGM and Conference


London, United Kingdom

Exciting, unforgetable and fruitful! Thats


what ICPAs 19th AGM and Conference,
hosted by the National Offender
Management Service, promises to be.
Stay tuned for more information!
Updates will be available on www.icpa.ca/icpa-events

International Corrections
& Prisons Association

International Corrections
& Prisons Association
Be part of the Global Corrections Community

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