The majority of … women do not need to be in prison at all. Most are charged with minor and non-violent crimes that do not pose a risk to the public. Many are imprisoned due to their poverty and inability to pay fines. A large proportion is in need of treatment for mental disabilities or substance addition, rather than isolation from society. Many are victims themselves but are imprisoned due to discriminatory legislation and practices. Community sanctions and measures would serve the social reintegration requirements of a vast majority much more effectively than imprisonment.

— United Nations Office on Drugs and Crime, 2008, p.3

ISSUE

To ensure a safe, just and innovative Victoria, it is essential that clear and effective Women-centered Drug Treatment Policy be developed within the Victorian Department of Justice and Regulation to ensure consistency and improvement of performance in relation to treatment programs. The measurement of services requires enhanced review for best practice in the corrective sector, thus driving greater public value.

BACKGROUND

State incarceration rates for women has increased by 110 per cent (compared with 45 per cent for men) over the last two decades. Evidence suggests that overall crime rates have remained the same for the last century, it is the nature of crime that has changed. Women offenders typically show low levels of education and employment, with 60 per cent being first-time offenders (as opposed to two per cent of men). Non-violent, property and drug offences are the leading causes for female imprisonment. Crimes of poverty are the grounds for which more than fifty per cent of incarcerated people re-offend post-release. Enhanced delivery of correctional programs are needed to replace some of the costly punitive punishing programs without strategic direction. 

Drug-use among women who participate in unintentional crime is more closely linked to their imprisonment than men. Women offenders are more often characterised by aspects of adversity than men, for example; they commonly have histories of abuse and economic hardship.

While there has been creative activity aimed at treating this issue for over a decade, treatment program models for women in custody has remained a ‘work in progress’. It is apparent that the links between these circumstances and behaviours ought to be researched in greater depth, particularly on a national level since the present data available has little utility.

Victorian prisons currently offer; withdrawal support (opioid substitution), individual counselling, psycho-educational programs, long-term group therapy, transitional assistance programs and structured cognitive behavioural treatment. These are based on thorough research and participants in these programs are less likely to use drugs or re-offend. Different educational rehabilitative treatment is implemented in correctional facilities. It is unclear how effective programs are and which are better than others. Three options will be presented as potential remedies for expansion.

OPTION ONE: Legalise safer drug alternatives

There is a strong case for considering recreational drug policy reform with the United Nations Office on Drugs and Crime estimating the global criminal drug market to be worth around $300B per year. Many believe strong regulations for legalised recreational drug alternatives to be a much safer, monitorable and controllable way of managing this inevitable risk. International perspectives illustrate how banning drugs can ironically can cause the opposite of the desired effect – for example, the growth of a black market economy, strengthening of cartel power and increase of violence in Guatemala as a response to prohibition. Guatemalan President, Otto Pérez Molina admitted the failure of this approach and claimed:

“The policies of prohibition create more harms than they prevent. We must seriously consider shifting resources away from criminalising tens of millions of otherwise law abiding citizens, and move towards an approach based on health, harm-reduction, cost-effectiveness and respect for human rights. Evidence consistently shows that these health-based approaches deliver better results than criminalisation”.

Legalising some recreational drugs would allow for safety mechanisms and assessment to be introduced while the cost of policing the illicit industry would be reduced. The Netherlands were the first nation to achieve what has been recorded as a successful outcome by legalising a recreational drug. Following this, the New Zealand government introduced psychoactive recreational drugs to the legal pharmaceutical market and has commenced safety and evaluative assessment programs.

Further investigation into the outcomes of these legislative reforms may be useful for Australia’s new model for drug treatment policy. Perhaps the most sensitive ethical issue here is not whether recreational drugs are regulated but how they are regulated, since testing for quality and safety ensures test subjects (animal or human) participation and consequences over prolonged periods are not available for an immediate solution.

That said, historically, government initiated ‘wars on drugs’ across the globe have been utter failures. Perhaps a focus on the best ways of controlling the dangers of drugs and degrees of regulation more so than criminal penalty is an area for further discussion at a parliamentary level. Further investigation into various classification of supply, for example; prescription or legalised premises may prevent the unnecessary cost of reprimanding unintentional illegal behaviour that isn’t anti-social and doesn’t directly threat public safety.

OPTION TWO: Rehabilitative therapy programs

Much of the research based on women-centered treatment programs attributes relapse prevention as the most successful correctional method. Statistical evidence shows that women offenders who are taught to modify and explicitly change their lifestyle and relational decisions post-release are more likely to positively alter their ways of living and avoid participation in criminal activity.

Ethnographic findings in New York, New York and Portland, Oregon show that the results of tailored, therapeutic sanctions for women address experiences of victimisation. Studies acknowledge certain circumstances are lead causes for drug use and participation in illegal activity. Some New York recovery programs consider drug-related crimes to be an aspect of street culture, viewing the issue more holistically, in turn, structuring therapeutic programs, counselling and legal services towards cognitive resolve – changing inherent or environmentally-induced patterns of criminal thinking.

Similarly, the Californian Department of Corrections has found incarceration rates for non-violent drug and property offences made by women to have increased five times within the last twenty years. Ten per cent of ladies imprisoned were pregnant. The ‘family foundations model’ has proven to have better outcomes for women’s re-entry into community, since it specifically targets the needs of women. ‘Mutual empowerment’ is one of defining aspects of this rehabilitative program. It focuses on the components of; strength, empowerment, relationships and ongoing evaluation. This women-based, healing instrument also includes space for individualisation. Case studies have demonstrated that decision-making skills were strengthened and relapse was prevented with pro-active re-integration strategies taught at the Parenting Center therapeutic community. Also in common with the Australian setting, results appear to have improved with women-centered approaches, however outcomes evaluation studies are yet to be undertaken, but highly recommended by experts in the field.

OPTION THREE: Compulsory education and vocational components

Currently, the base wages for employed offenders in prison are significantly lower than the standard national award rates. To improve reintegration post-release and provide just correctional services that shift cognitive patterns of disadvantage, raising income rates to national standards for prisoners and increasing vocational opportunities may be beneficial. Accumulated funds could be accessed incrementally, after the sentence has been served – a powerful preventative, incentive-based way to reduce further criminal activity. Further consideration of legislative reform may be an effective way to reposition vulnerable women for a safe, successful, legal way of life.

A reportedly successful job-training rehabilitation program is facilitated by the Chiang Mai Women’s Correctional Institution, Thailand. The Vocational Training Center employs women serving the last six months of their sentence. Remuneration is saved for personal use after their release. This strategy promises permeable outcomes since women are groomed and prepared for a life with increased legal, sovereign, productive options, due to the gain of useful capabilities and skills – reducing the chances that women feel pressured to commit further crimes of poverty.

Queensland Corrective Services are also developing female, indigenous and drug-related cognitive behavioural programs to help resolve the rising rates of poorly educated, unskilled women entering prison. Rehabilitative custodial operations in Queensland also include educational programs such as; literacy, numeracy, secondary, tertiary and apprenticeships. Also, nationally accredited vocational training, for example; furnishing, construction, engineering, hospitality, horticulture, sport and recreation, information technology, first aid, art, culture and community. Following this, the agency provides post-release services that encourages development of living, job search and employment retention skills to ensure offenders control their behaviour. These examples may be a useful foundation for the new vision for correctional capabilities in Victoria as an effective solution to consistently rising rates of imprisoned women.

RECOMMENDATION

That any combination of the three options be tabled for further investigation and evaluation for policy makers to design clear, comprehensive strategies and objectives that formulate the basis for new women-centered correctional treatment programs to be implemented in Victorian prisons.

Secondly, that open channels of information be established between states across Australia since this issue is one that is shared. Interstate connections and collaboration in regards to this type of initiative would further collective resources available and deepen policy-makers understanding of women’s socio-economic dispositions towards criminal behaviour. Further to this, unnecessary duplications of analysis and policy modelling may be avoided.

Finally, a broader, national-level scope may emerge, providing foundations for a federal initiative. Reports indicate there is a need for greater collection of information to prevent women reoffending particularly in terms of drug-related crime. 

References

Cameron, M 2001, ‘Women Prisoners and Correctional Programs’, Australian Institute of Criminology, viewed: 6th August, 2015 <http://www.aic.gov.au/media_library/publications/tandi_pdf/tandi194.pdf>

Crandall, R 2013 ‘Drug Wars’, Survival, vol. 55, no. 4, pp. 229 – 240.

Department of Corrective Services, ‘Offender Drug and Alcohol Strategy 2010 – 2014’, viewed 7th August, 2015 < http://www.correctiveservices.wa.gov.au/_files/rehabilitation-services/drug-strategy.pdf>

Department of Justice and Regulation, ‘Alcohol and other drug services’, viewed 7th August, 2015<http://www.corrections.vic.gov.au/home/prison/health+care/alcohol+and+other+drug+services/>

Kilroy, D, Maloney, R, Mulligan, K, Quixley, S & Warner, K 2009, Human Rights in Action, Sisters Inside Inc. South Brisbane, pp. 8 – 178.

Lonely Planet, ‘Vocational Training Center of Chiang Mai Women’s Correctional Institution Centre’, viewed 9th August, 2015 <http://www.lonelyplanet.com/thailand/chiang-mai-province/chiang- mai/activities/health-wellness/vocational-training-center-chiang-mai-women-s-correctional-institution-centre>

Meacher, M and Hitchens, P 2014, ‘Should the UK legalise drugs?’, Prospect, pp. 26 – 27.

Queensland Corrective Services, ‘Rehabilitation – Custodial Operations’, viewed 9th August, 2015 <http://www.correctiveservices.qld.gov.au/About_Us/The_Department/Rehabilitation/index.shtml#cust>

Shaw, I 2013, ‘Should we legalise recreational drugs? An ethical question for animals and humans’, Pharmaceutical Medicine, vol. 27, no. 1, pp. 231 – 233.

Staff Blogger, 2002 ‘Drugs: legalise, regulate and tax’, viewed 10th August, 2015 <http://www.newstatesman.com/node/143026

Strauss, S and Falkin, G 2001, ‘The First Week After Drug Treatment: The Influence of Treatment on Drug Use Among Women Offenders’, Journal of Drug Alcohol Abuse, vol. 27, no. 2, pp. 241 – 264.

United Nations 2008, World Drug Report, viewed 10th August, 2015 <http://www.unodc.org/documents/wdr/WDR_2008/WDR_2008_eng_web.pdf>

Welle, D, Falkin, G & Jainchill, N 1998, ‘Current Treatment for Women Drug Offenders’, Journal of Substance Abuse Treatment, vol. 15, no. 2, pp. 151 – 163.

Wiewel, B and Mosley, T 2006, ‘Family Foundations: A New Program for Pregnant and Parenting

Women Offenders with Substance Abuse Histories’, Journal of Offender Rehabilitation, vol. 43, no. 1, pp. 65 – 91.

Willis, K and Rushforth, C 2003, ‘The Female Criminal: An Overview of Women’s Drug Use and Offending Behaviour’, Australian Institute of Criminology, vol. 264, no. 1, pp. 1 – 6.