Regardless of how closely – or not – you follow the issue, you’ll be aware of unrest, tension and systemic problems within prisons across Australia. Sensationalist headlines are always guaranteed to receive clicks, but aren’t always supported by any explanation or analysis of the underlying factors.
They rarely focus on the growing number of people in prison on remand — yet to be convicted of a crime — which is around one third of people in prison across Australia at the moment. They don’t highlight the number of people in prison for non-violent technical offences such as breaches of orders who would be better served being held accountable for their actions in the community.
They also fail to inform the broader population about the increase in the number of women, predominately for non-violent offences, in the system or the continuing over-incarceration of Aboriginal and Torres Strait Islander people.
Prison populations are rising at unsustainable rates in many jurisdictions, in major part due to tough-on-crime policies and an erosion of flexible sentencing options. This has led to unprecedented overcrowding, and in some states, serious issues about staff numbers and resourcing which in turn impacts the safety of both staff and prisoners.
Rehabilitation must be the goal of any effective prison system. We all want to the community at large to be safe, and to live in a society with less crime and fewer victims. That means it is in everybody’s best interests that people who exit prison and return to the community do so better off than when they entered.
We know that prisons are pressure cooker environments at the best of times. We can’t let them also become sites of mass infection, with potentially grave consequences, during the current COVID-19 health crisis.
The World Health Organisation states that the COVID-19 virus infects people of all ages but that the two groups of people at higher risk of severe illness are people with underlying medical conditions and older people. Worryingly, these two groups are prominent in Australia’s prison population, and prison populations globally. According to the most recent report by the Australian Institute of Health and Welfare on Australian prisoners' health, 30 per cent of prison entrants reported at least one chronic physical health condition.
These statistics are reflected in the Jesuit Social Services’ work with men and women above the age of 18 exiting prison. Consistent with available literature, participants we work with report personal experience of complex health issues including cardiovascular disease, blood-borne viruses like hepatitis C, asthma and diabetes. Through this work, we also engage with a number of older prisoners, reflected in corrective services data, who present with a range of unique health needs.
'Our prisons are already stretched to breaking point with a cohort of people who, on average, have more serious health problems than the general population. This is why we urge our political leaders to take urgent and appropriate steps to minimise the risk of a COVID-19 outbreak.'
Our prisons are already stretched to breaking point with a cohort of people who, on average, have more serious health problems than the general population. This is why we urge our political leaders to take urgent and appropriate steps to minimise the risk of a COVID-19 outbreak.
We know that the recommended COVID-19 preventative measures around washing your hands, using hand sanitizer and social distancing are impossible to adhere to in a prison environment.
It is also true that in a prison, the only way to abide the equivalent of the ‘stay at home’ advice is to physically isolate people in their cells.
In 2018, we released a report exploring the physical and psychological impact of isolation in prison settings. One family member of a young man who had experienced prolonged periods of isolation told us that 'the longer he is locked down, the more mentally disturbed he will become. He will never want to leave there because he will be so scared of getting out.'
It is not humane to subject people to this in any circumstances.
Although no two prison systems are directly comparable, countries including Italy, Spain, Iran, and Turkey have already taken steps to release some prisoners. Some US states are doing the same thing.
Recently, New South Wales and the Northern Territory took steps to do the same, and we wait to see how those jurisdictions proceed.
Low-level offenders who are nearing the end of their sentences and do not pose a threat to community safety as well as people on remand, older prisoners, people with chronic health problems, women and Aboriginal and Torres Strait Islander people should all be considered for early release should they choose to accept the option.
Time is of the essence. Staff members in prisons in both New South Wales and Queensland have already tested positive to COVID-19. It is not hard to see that a breakout could have catastrophic consequences for prisoners, staff and their loved ones. Taking what we see as a common sense approach now may save lives.
Taking proactive steps now will also improve the lives of people working in the prison system — fewer numbers mean less risk and an enhanced capacity to support others.
We acknowledge that these are difficult and challenging decisions and nobody has all the answers. In this complex environment where every choice has serious consequences, we also need to consider how we protect the health and safety of the vast majority of prisoners who would remain inside and how we best support more vulnerable post-release prisoners back in the community.
It’s clear that ensuring people exiting prison have access to housing, and supports to manage mental illness and substance abuse problems is vital.
Community organisations must play a role in supporting people to comply with rules around curfews and home detention, to navigate the currently overburdened social security system, and ultimately to be safe and healthy. There is also an urgent need to look at reinstating sentencing options including home detention and suspended sentences, where they no longer exist, such as in Victoria.
This fast-moving new frontier is having unprecedented impact on all parts of society, including our most marginalised. Our justice systems must act urgently to implement solutions. We simply can’t afford to wait.
Julie Edwards is the CEO of Jesuit Social Services.
Main image: Prison wall barbed wire fence with blue sky background (Photo by josefkubes/Getty Images)