September 2018

Issues Paper

Imprisonment and Recidivism

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 Issues Paper: Imprisonment and recidivism

Imprisonment and recidivism

Have your say
The Queensland Productivity Commission has
released this issues paper to assist interested Key dates
parties to prepare submissions to the inquiry. It
outlines the scope of the inquiry and provides September 2018 Terms of reference
background material. It also asks questions about 13 September 2018 Issues paper released
matters the Commission is seeking comments and
26 October 2018 Due date for submissions
information on.
1 February 2019 Release of the draft report
Participants should feel free to comment on any
matters that are relevant to the inquiry's terms of February 2019 – Further consultation
reference, whether they are raised in this issues
1 August 2019 Final report submitted to the
paper or not.
Queensland Government
Make a submission
The Commission invites all interested parties to
make a submission to the inquiry.
Submissions are due by close of business About us
26 October 2018. They can be lodged online or via The Queensland Productivity Commission
post: provides independent advice on complex
http://www.qpc.qld.gov.au/inquiries economic and regulatory issues.

Imprisonment and recidivism inquiry The Commission has an advisory role and
Queensland Productivity Commission operates independently from the Queensland
PO Box 12112 Government—its views, findings and
George St, recommendations are based on its own
Brisbane 4003 analysis and judgments.

Submissions will be treated as public documents After undertaking a public inquiry, the
and published on the Commission's website. If your Commission provides a written report to the
submission contains genuinely confidential Treasurer, who must provide a written
material, please provide the confidential material in response within six months. Following this, the
a clearly marked separate attachment. Commission publishes the final report.
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Contact us
Enquiries regarding this inquiry can be made by
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 Issues Paper: Imprisonment and recidivism

Contents
Imprisonment and recidivism 1
1. About the inquiry 3
What has the Commission been asked to do? 3
The scope of the inquiry 4
2. Background 5

3. Trends and causes 6

Crime rates 6
Imprisonment 7
4. Recidivism 10

5. Costs and benefits of imprisonment 11

6. Reducing imprisonment 12

7. Preventing recidivism 14

8. Governance 16

Appendix A: Terms of reference 18

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 Issues Paper: Imprisonment and recidivism

1. About the inquiry

In September 2018, the Queensland Government asked the Commission to undertake an inquiry into
imprisonment and recidivism in Queensland.
The inquiry has been commissioned in response to concerns about increases in prisoner numbers and high rates
of recidivism. The number of people in Queensland prisons has risen by more than 50 per cent in the five years
to 2017, and more than half of prisoners reoffend and are given a new sentence within two years of their
release. The rate of imprisonment for Aboriginal and Torres Strait Islander people continues to outstrip the rate
for the rest of the population, and imprisonment rates for women have been increasing faster than for men.
The growth in prisoner numbers has significant social and economic implications for affected individuals and
their families, the wider community and for the Queensland Government.

What has the Commission been asked to do?

The terms of reference for this inquiry ask us to examine how government resources and policies can be best
used to reduce imprisonment and recidivism and improve outcomes for the community over the medium to
longer term. The terms of reference ask us to consider:
• trends in the rate of imprisonment in recent years, including comparison with other sentencing options
• evidence about the causal factors underlying trends in the rate of imprisonment
• factors driving Aboriginal and Torres Strait Islander imprisonment and recidivism and options to improve
matters
• factors driving the imprisonment and recidivism of women and options to improve matters
• factors affecting youth offending and corresponding imprisonment rates and options to improve matters
• measures of prisoner recidivism rates, trends in recidivism and causes of these trends
• the benefits and costs of imprisonment, including its social effects, financial costs and effectiveness in
reducing/preventing crime
• the effectiveness of programs and services in Australian and overseas to reduce the number of people in
prison and returning to prison, including prevention and early intervention approaches, non-imprisonment
sentencing options, and the rehabilitation and reintegration of prisoners
• the efficacy of adopting an investment approach, whereby investments in prevention, early intervention and
rehabilitation deliver benefits and savings over the longer term; and
• barriers to potential improvements and how these barriers could be lowered.
The terms of reference require that our recommendations are consistent with the Queensland Government
Policy on the Contracting-out of Services, which states that there will be no contracting-out of services currently
provided by the Queensland Government unless it can be clearly demonstrated to be in the public interest.

The full terms of reference are provided in appendix A.

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 Issues Paper: Imprisonment and recidivism

The scope of the inquiry

There are many complex and interrelated issues that play a role in whether an individual commits an offence
and is sentenced to a prison term, and whether that individual goes on to reoffend after their prison term has
been served.
For this reason, the scope of this inquiry is wider than prisons and imprisonment and encompasses the broader
areas and systems that influence imprisonment and recidivism—from early intervention to post-prison support
(Figure 1).
Figure 1 Pathways in and out of prison

Although this inquiry is broad in scope—it involves many parts of the criminal justice system, as well as multiple
other services—the focus of this inquiry is not a detailed operational review of each of these elements. Rather,
the Commission will investigate those factors that are likely to have the greatest impacts on the social and
financial costs (and benefits) of imprisonment and recidivism.
There have been at least 10 major reviews of aspects of the Queensland criminal justice system over the past
decade, with many recommendations still being implemented today. This inquiry will need to build on and add
value to these efforts.

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 Issues Paper: Imprisonment and recidivism

2. Background
A range of institutions make up the criminal justice • rehabilitating offenders so that they can lead
system, including: more productive lives—to the extent that
rehabilitation prevents reoffending, it can make
• law enforcement agencies
the community safer
• courts
• enacting fair retribution for wrongs committed—
• agencies and organisations responsible for while retribution may primarily meet society's
detaining, supervising and rehabilitating sense that a serious wrong deserves an
offenders (including prisons) appropriate punishment, it also serves as a
means for preventing victims and others affected
• a range of advocacy and oversight bodies
by a crime from seeking personal retaliation.
• agencies involved in prevention and intervention.
These purposes are reflected in legislation, such as
These institutions work together to deliver the the Penalties and Sentences Act 1992, which
outcomes observed in Queensland but are bound outlines the purposes for which sentences may be
by the purposes and objectives of the criminal imposed on offenders.
justice system in which they operate.
Achieving these purposes may involve trade-offs.
Understanding those purpose and objectives is For example, retributive punishments may make it
important to assess how well the system is difficult to rehabilitate prisoners, which makes
performing and how things could be improved. them more likely to commit another offence after
The purposes and objectives of the criminal justice their release. Similarly, a focus on rehabilitation
system are largely determined by society's over punishment may weaken disincentives to
expectations; however, it can generally be said that commit crime.
the criminal justice system serves three key Any analysis needs to recognise the tensions that
purposes: exist between the different purposes (and the fact
• making the community safer—the criminal that society's expectations play a role in how our
justice system provides various deterrents that justice system works in practice). An important
help to prevent crime, and removes offenders consideration will be the extent to which
from society or limits their interactions with punishment and rehabilitation work to improve or
others reduce community safety.

Questions

• Does the criminal justice system make the community safer, rehabilitate offenders and enact fair
retribution? Does it do it well?
• Does the criminal justice system achieve the right balance between the three purposes outlined
above? If not, what purpose should be given more/less weight and why?
• How should competing interests and concerns (for example, the interests of victims, offenders and
the broader community) be balanced?

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 Issues Paper: Imprisonment and recidivism

3. Trends and causes

this—surveys regularly show that most people
Crime rates believe that rates of crime are increasing.

Data show that most crime rates in Queensland While regional trends are similar to average trends
have trended downward over the last two decades, for the state, some regions experienced increases in
with rates for property crime, violence and murder reported offence rates for serious crimes.
all declining. Offence data suggest that criminal activity tends to
Reported offences against the person—which be highest in those regions with the highest levels
include offences such as murder, assault and rape— of socio-economic disadvantage.
have declined significantly, with trend rates1 falling
by almost a third between 1997 and 2015. Offences Influences on crime rates
against property—which include burglary, car and There are many possible influences on crime rates.
other theft—fell by a similar rate. For example, research suggests that:
Figure 2 Reported offence rates in Queensland, per • Increases in police manpower and targeted
100,000 people deployments to crime 'hot-spots' may deter
crime from occurring—some policing programs
have led to large decreases in offence rates.
• Stronger sentencing may do little to deter
criminal activity, other than in certain limited
circumstances.
• Economic opportunity reduces criminal activity,
with both higher employment rates and higher
wages linked to lower criminal activity.
• Factors like low self-control, mental impairment,
and drug and alcohol abuse are risk factors for
criminal behaviour.
Source: Queensland Government data, Qld reported offences
rates, 2018. • Offenders are more likely to be victims of crime
themselves—offenders are not only likely to be
Although reported crime rates have fallen, from the same socio-economic group as their
perceptions about crime do not reflect victims but are frequently also victims of crime.

Questions

An analysis of imprisonment needs to understand the factors influencing the demand for prison
services, including crime rates.
• What factors are important to consider when thinking about crime trends and their impact on
imprisonment? Are there other factors relating to crime rates that are important for this inquiry?

1Some caution is necessary when interpreting reported offence rates—changes may reflect the rate at which crimes are
reported or policed rather than a change in the rate at which crimes are committed.

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 Issues Paper: Imprisonment and recidivism

Figure 4 Sentences involving custody in

Imprisonment correctional institutions, Queensland
Between 2012 and 2017, the number of people in
Queensland prisons grew by 52per cent—faster
than the general population growth.
Although the recent rise in prisoner numbers has
been rapid, it continues a long-term trend towards
higher rates of imprisonment—the rate has
increased from a low of around 27 people per
100,000 population in 1939 to around 166 today, an
increase of 516 per cent.
Figure 3 Imprisonment rate in Queensland, per
100,000 population

Source: ABS, Criminal courts 2011–12, 2016–17.

Indigenous imprisonment rates are higher and are

increasing more quickly than the non-Indigenous
rate—the age-standardised rate of imprisonment
for Indigenous Queenslanders (1,583 per 100,000
adult persons) grew by 39 per cent over the last
decade, compared to 23 per cent for non-
Indigenous Queenslanders (161 per 100,000 adult
persons).
Figure 5 Age standardised imprisonment rate in
Queensland by Indigenous status, per 100,000
adult population

Source: Queensland Government Statistician's Office, Prisons

and prisoners, Queensland, 1859 to 2007–2008; ABS,
Prisoners in Australia, 2017; ABS, Australian demographic
statistics, 2017.

The majority (65 per cent) of prisoners in

Queensland are imprisoned for non-violent
offences, with this proportion increasing in recent
years. Between 2011–12 and 2016–17,
imprisonment for non-violent offences increased by
50 per cent, compared to 39 per cent for violent
offences.

Source: Productivity Commission, Report on government

services, 2018.

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 Issues Paper: Imprisonment and recidivism

While women are less likely to be imprisoned than Figure 6 Youth detention in Queensland, rate per
men, the female imprisonment rate has increased 100,000 people aged 10–17 years, 2015–16
faster in the last decade—by 40 per cent, compared
to 25 per cent for males.
Although the number of young people in detention
is small (186 on average throughout 2015–16), the
rate of youth detention has increased 32 per cent
since 2011–12, to 38 per 100,000 young people in
2015–16. The majority (69 per cent) of detainees
are young Indigenous people. Community-based
supervision is used more frequently than detention,
with around 1,184 youths under supervision on a
typical day in 2015–16. Source: Productivity Commission, Report on government
services, 2018.

Box 1 Are imprisonment rates higher than they should be?

An increase in imprisonment rates does not necessarily mean they are too high. The important
question is whether the increase in the prison population provides net benefits to the community,
relative to alternative options. Considerations might include:
• how the change in imprisonment has affected community safety and criminal activity
• the economic and social costs of imprisonment
• how the various benefits that prison may provide (deterrence, retribution, rehabilitation and
incapacitation) should be valued
• whether the current use of imprisonment for certain offences is the most appropriate sentencing
option
• what alternative options could be used and whether these would provide greater net benefits to the
community than prison.
According to statistics from the OECD, adult incarceration rates vary considerably across countries.
Amongst OECD countries, the United States' incarceration rate is the highest, at 698 incarcerated
people per 100,000 population, while Iceland's rate is low, at 45 (2016 rates). Australia's incarceration
rate is listed as 152, slightly higher than the OECD average of 147. Our nearest neighbour, New
Zealand, has a rate of 202 incarcerated people per 100,000 population.
Although Australia's incarceration rate is not high by international standards, incarceration rates in
some geographical regions and for some population groups are. For example, imprisonment rates in
remote Aboriginal and Torres Strait Islander communities are very high by international standards.

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 Issues Paper: Imprisonment and recidivism

The number of prisoners who have not been Data suggest courts are becoming less likely to use
sentenced (that is, who are on remand) is also non-custodial sentencing options—between 2011–
increasing faster than the general prison 12 and 2016–17, custodial orders increased 39 per
population—the proportion of unsentenced cent, while non-custodial orders increased by only
prisoners increased from 23 per cent in 2007 to 30 0.6 per cent.
per cent in 2017.
Key contributors to the changes to sentencing over
Prison capacity has not kept up with the growth in this period include:
prisoner numbers—in 2016–17, prisons across the
• a decline in the use of monetary orders
state were 12 per cent above their design capacity.
While we have not established causality, increased • increases in both custodial and non-custodial
overcrowding has coincided with a significant sentences for non-violent offenders.
increase in prison assaults.
Figure 7 Prison design capacity utilisation and rates
Influences on imprisonment
of prison assaults, Queensland There are many possible influences for the
observed changes in incarceration rates, including:
• increased apprehension of offenders
• changes in offending behaviour, and/or changes
in community expectations about what people
should be imprisoned for
• sentencing laws, including mandatory sentencing
and non-parole periods, and a lack of sentencing
options for breaches of suspended sentences
• high recidivism rates
• slower processing of offenders
• reduced use of parole, and/or increases in the
Source: Productivity Commission, Report on Government number of parole breaches.
Services 2018.

Questions

• What are the main factors that are driving rising imprisonment rates in Queensland?
- What are the key factors that have driven the increase in Indigenous incarceration rates?
- Why have female imprisonment rates increased relative to male rates?
• Has sentencing changed over the last ten years? What are the key factors that have driven these
changes? What is driving the shift from non-custodial sentences?
• Many prisoners are imprisoned for non-violent offences. Why is this the case? What are the
pathways which lead to non-violent offences and low-level violent offenders being imprisoned?
• Is the severity of sentencing outcomes broadly reflective of—or proportional to—the harm done to
victims of crime?

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 Issues Paper: Imprisonment and recidivism

At the same time, almost 64 per cent of

4. Recidivism Queensland's prison population have been
previously imprisoned. This rate has been relatively
There are two common measures of recidivism— stable over the last decade but is higher than the
the proportion of prisoners who return to prison Australian average (56 per cent).
within two years of their release, and the The data also show that a high proportion of
proportion of prisoners who have previously been individuals who commit offences are likely to do so
in prison. multiple times. For example, around 34 per cent of
Both measures suggest that recidivism rates are all offenders in 2016–17 were proceeded against on
high. more than one occasion during that year—more
than 6 per cent were proceeded against five or
Productivity Commission data show more than half more times.
(51 per cent) of prisoners reoffend and are given a
new community corrections or prison sentence It is likely that a range of issues are affecting the
within two years of their release. high rate of reoffending. Possible causes include:

Figure 8 Proportion of prisoners returned to • untreated mental, drug or other issues that result
corrective services with a new sentence within two in a high predisposition to offend
years of release • a loss of skills, support networks and financial
assets that make it difficult for prisoners to
reintegrate into society after their release
• difficulty finding employment after being
released
• a lack of housing and other support services for
offenders leaving prison.

Box 2 Measuring recidivism

A better indicator of recidivism might include
an assessment of the nature of any
reoffending. For example, recidivism might be
Note: Community corrections includes a range of supervised, considered more of a problem if subsequent
community-based sentences. offences were becoming more serious.
Source: Productivity Commission, Report on Government
Services 2018.

Questions

• What principal factors influence recidivism? What evidence is available to support an analysis of the
causes of recidivism?
• Do recidivism rates vary between different classes of prisoners (type of crime, age, ethnic or cultural
differences)?

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 Issues Paper: Imprisonment and recidivism

5. Costs and benefits of imprisonment

A key task for this inquiry is to assess the costs and Even with rapidly growing expenditures, prison
benefits of imprisonment. The aim is to provide capacity has not kept pace with the prison
information that will assist policy formation by population, and future investments are likely to be
identifying approaches that provide the greatest needed.
benefits to the community.
The cost of imprisonment goes beyond the direct
Imprisonment may provide a range of benefits to financial cost of keeping an offender in jail. These
the community including: additional costs might include:
• making the community safer • costs to offenders (loss of liberty and income)
and their families
• rehabilitating prisoners
• economic losses from reduced labour market
• providing a means for victims of crime to feel
participation during imprisonment
safer or to feel that retribution has been served.
• long-term costs, such as from ongoing social
However, prisons also have large costs. According
stigma that affects future employment prospects
to the Productivity Commission's 2018 report on
and makes an ex-prisoner more likely to be
government services, it costs $107,300 per year to
reliant on welfare
keep a person in prison in Queensland, broadly in
line with the Australian average. • long-term health costs, where these can be
attributed to imprisonment
Prisons and community corrections in Queensland
cost more than $950 million in 2016–17. • the possibility that prison institutionalises
prisoners and/or further hardens criminal
To keep pace with the expanding prisoner
behaviour.
population, expenditures have had to grow faster
than other government expenditures— The costs and benefits of imprisonment need to be
expenditures on prisons2 grew almost twice as fast compared against alternative options. For example,
as general government expenditures over the some researchers argue that it would be more
period 2011–12 to 2016–17. beneficial to manage offenders through greater use
of community supervision.

Questions

• What costs (including non-financial costs) does imprisonment impose, and who bears these costs?
What evidence is available about the magnitude of these costs?
• What benefits does imprisonment provide to the community? How should these be measured, and
what evidence is available to support this?
• What factors have influenced the cost of imprisonment and how might these change in the future?
Do the costs and benefits of incarceration vary according to the class of prisoner and type of prison?
If so, why do these costs and benefits differ?
• How do the costs and benefits of prison compare to alternatives?

2 Excluding capital costs.

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 Issues Paper: Imprisonment and recidivism

6. Reducing imprisonment
Prevention and early intervention Diversionary programs
One way to reduce imprisonment rates is to At different points in the criminal justice system,
prevent crime from happening in the first place. authorities can divert offenders away from the
Evidence suggests that prevention and early courts system towards appropriate remedial
intervention strategies can reduce the risk that programs. In Queensland, these include:
individuals will commit crimes.
• drug diversion—eligible offenders may be
The National Crime Prevention Framework
offered an opportunity to participate in a drug
recommends using the following strategies:
diversion assessment program, as an alternative
• Design and/or modify the physical environment to prosecution
to reduce crime opportunities—such as through
• justice mediation—a form of restorative justice
urban renewal projects.
where the complainant and the defendant
• Focus on risk and protective factors at key attempt to reach an agreement about the
transition points in a person's life—such as by offence and how amends could be made
identifying and dealing with mental health issues.
• Murri courts—For Aboriginal and Torres Strait
• Strengthen at-risk communities—such as by Islander defendants who plead guilty, Elders or
improving educational or work opportunities. respected community member work with
defendants and magistrates to develop suitable
• Enhance criminal justice processes to reduce
outcomes.
offending behaviour—such as correctional
rehabilitation programs.
Sentencing
Youth justice Queensland prisoners are primarily convicted of an
offence defined under the Criminal Code (Qld) 1899.
In Queensland, offenders aged 10–17 years are
The acts defined as offences are a societal choice—
dealt with in the youth justice system.
different choices would result in a different demand
Offending rates are higher in young people than for prison services.
adults, particularly between the ages of 15–19
For most types of offences, the Penalties and
years. There is some evidence that juveniles who
Sentences Act 1992 (Qld) requires that courts
remain involved in crime commit more serious
impose a prison sentence as a last resort.
offences as they age.
The extent that judges are able uphold this
As such, the youth justice system has a key
requirement is dependent on the sentencing
influence on the proportion of young offenders who
options available to them. These include:
go on to become adult offenders.
• good behaviour bonds, non-contact orders and
In Queensland, police administer options to divert
restitution or compensation orders
young people who have committed (or allegedly
committed) relatively minor offences from further • fines and community service orders
involvement in the youth justice system—options
• probation and intensive correction orders
include informal cautions, formal cautions, and
infringement notices. • suspended sentence of imprisonment.
As outlined in the Government's 2017 response to Courts are restricted in their ability to make certain
the Independent Review of Youth Detention, the orders—for example, there are mandatory
Queensland Government is implementing a range minimum prison sentences for murder, repeat
of reforms to the youth justice system. serious child sex offences and certain offences
associated with serious organised crime.

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 Issues Paper: Imprisonment and recidivism

Box 3 Some options considered or used in other jurisdictions

In 2015, the South Australian Government consulted the community on the possibility of broadening
its range of sentencing options. The options considered included:
• Home detention—courts would have the option of sentencing offenders to home detention rather
than imprisonment. Home detention does not allow the offender to leave their homes other than
for reasons of employment, education or emergency. South Australia legislated an extension of its
then-existing provisions for home detention in 2016.
• Forfeiture and restitution—rather than fraud offenders being sentenced to lengthy terms of
imprisonment, a scheme could be adopted whereby not only proceeds of crime and instruments of
crime are confiscated, but other assets can also be seized to better compensate victims of fraud.
• Restorative justice—this generally involves a facilitated, safe and structured encounter between the
victim and the offender, providing an opportunity to repair the harm caused by the offending.
‘Circle sentencing’ of Aboriginal offenders is a form of restorative justice that has been applied in New
South Wales, in which the offender, magistrate and community Elders (and potentially the victim and
others) discuss the circumstances and impact of the offence. With the full sentencing powers of the
court, the circle determines an appropriate sentence, often not involving imprisonment.
Academics from Swinburne and Deakin Universities propose that technological incarceration (real-time
monitoring and remote immobilisation) could result in the total closure of all but a fraction of existing
prisons.

Source: Bagaric et al, Technological Incarceration and the end of the Prison Crisis, 2017; NSW Courts, Circle Sentencing Forum
Sentencing and the MERIT program, 2014; South Australian Government, Transforming Criminal Justice, 2015.

Questions

• What strategies are most effective in permanently reducing crime that leads to imprisonment?
• Are there early intervention, diversionary or sentencing options that the Commission should
consider? What evidence of their effectiveness is available? Are there any barriers to providing
these programs? If so, how might these be addressed?
• Does the youth justice system effectively steer young offenders away from becoming adult
offenders? If not, how could the system be improved?
• Are current strategies appropriate for the diverse communities across Queensland? If not, how
should current approaches be modified for these places or groups?
• How do non-prison sentencing options and/or diversionary programs impact on victims of crime,
offenders and the families of victims and offenders? How should these considerations be balanced?
• Are there any acts currently defined as offences that should not be, and/or that should be handled
through alternatives to the criminal law? Are there any acts currently defined as offences where the
harm caused by the offence can never justify the use of imprisonment as a form of penalty?
• How do sentencing outcomes perform against the legislated sentencing principles (to imprison only
as a ‘last resort’ and a preference for penalties which allow the offender to stay in the community)?

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7. Preventing recidivism
More than half of released prisoners commit A range of rehabilitative programs may also be
another offence that results in a new custodial delivered in prison to address risk factors that are
sentence. linked to criminal behaviour, including substance
abuse and psychological disorders.
Programs that increase the chance that prisoners
will successfully reintegrate into the community and Prisoners on remand are not eligible for
adopt a law-abiding way of life can reduce rehabilitation programs even where it involves
recidivism and provide benefits to the broader material jail time (the prisoner census showed that
community. at 30 June 2017, those prisoners without a sentence
had spent, on average, six months on remand). This
In-prison programs means that many prisoners are released back into
the community without having undertaken any
Queensland Corrective Services (QCS) aims to rehabilitation—of the 5,568 prisoners admitted to
address recidivism by providing education, work remand in 2015–16, around 60 per cent were
and rehabilitation programs for offenders. These released from prison immediately after sentencing,
include: either without a custodial sanction or to
• the Borallan Training and Correction Centre, court-ordered parole.
providing education, training and employment
• vocational training
The parole system
• the Community Re-entry Services Team (CREST),
The purpose of parole is to reduce prisoner
an information and referral service to support reoffending by supervising prisoners' re-entry into
the community prior to the completion of their
prisoners approaching release; case management
prison sentence.
for prisoners assessed as at high risk of offending
or with complex re-entry needs; and crisis Best practice parole systems are generally
support for offenders on parole considered to begin at the time of sentencing and
include a risk and needs assessment when entering
• MARA, a service for female prisoners in south
prison, training and rehabilitation in preparation for
east Queensland that prioritises issues such as
parole, assessment of suitability for parole and
reconnection with children, support for victims of
supervision in the community until the end of the
domestic violence, mental health support and
sentence period.
gender-focused substance abuse intervention
In Queensland, parole can be court-ordered, where
• Youth Justice programs designed to provide
a prisoner is released on parole on a fixed date (for
individualised support to young offenders to
less serious offences) or can be approved through
divert them from crime.
an application to the parole board (usually for more
In 2016–17, QCS spent about $7.5 million on re- serious offences following a non-parole period). All
entry support programs. During June 2017, 39.1 per sentences that include a period of imprisonment
cent of prisoners were in education programs and are eligible for parole.
the prisoner employment rate was just under 70
The Queensland parole system was reviewed in
per cent.
2016. In its response to the Queensland Parole
System Review's recommendations, the
Queensland Government committed to achieve a
more contemporary and effective probation and
parole system, including increased rehabilitation
services; an independent, professional parole
board; and expanded re-entry services.

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 Issues Paper: Imprisonment and recidivism

Post-prison support QCS relies on referral to non-government service

providers. The Queensland Parole System Review
The support that prisoners receive after their prison found that non-government services are
sentence can help them reintegrate into society and concentrated in south east Queensland, with far
can play a significant role in lowering the risk of fewer services in other regions. The review
recidivism. observed that the relatively small number of
providers, combined with a lack of coordination
Risk factors for recently released prisoners include:
across government, was problematic in these
• difficulty finding work regions.
• a lack of stable housing There is limited evidence about the effectiveness of
• untreated mental health and/or drug problems
post-prison support programs in the Australian
context. There is, however, some evidence that
• social exclusion. extended case management of recently released
In Queensland, post-prison support services are prisoners is beneficial.
provided through a mix of government, community For example, a recent evaluation of the ACT's
and private providers. Extended Throughcare pilot program—which offers
Prior to release, eligible prisoners identified by QCS person-centred case management and support over
staff are offered post-release managed services for 12 months—found that recidivism rates for
a period of three months after their release. QCS participants were more than 20 per cent lower than
works with the prisoner and their parole officer to for non-participants.
support reintegration.

Questions

• Are the right programs and support services available for prisoners to encourage their
rehabilitation?
• Are sufficient support services available to prisoners after their release? Are these services
effective? If not, how could they be improved?
• Do programs and services meet the needs of the diverse prisoner population, including the needs of
male and female prisoners respectively, Aboriginal and Torres Strait Islander prisoners and people
living in regional and remote parts of Queensland?
• For offenders who are not responsive to punishments, and are therefore not easily deterred by
prison sentences, are there alternative approaches that would be more effective at reducing
recidivism?
• What are the key barriers, if any, that prevent effective program or service delivery?
• What lessons can be learnt from practices in other jurisdictions? Which programs have been
successful in reducing recidivism?

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8. Governance
The effective use of government resources across
the criminal justice system relies on the quality of Corrections
decision-making about the allocation of these The governance arrangements in place, and the
resources and how they are used. incentives they provide, play a key role in
determining the performance of the prison system
Good practice and its effectiveness in meeting its objectives.
Governance is about the processes for making and The Corrective Services Act 2006 underpins the
implementing decisions, and the organisational governance framework for prisons.
structure within which decisions are made. Features
QCS is responsible for the state’s 14 correctional
of good governance arrangements include:
centres (excluding work camps). In two of these,
• a clear and well-understood purpose private operators deliver prison services.
• clearly and consistently defined roles and While they must comply with state legislation, each
responsibilities prison would appear to have significant autonomy
over its day to day operation, including the
• measures (such as reporting requirements and
programs offered to prisoners.
performance agreements) to ensure
accountability follows responsibility Service agreements between public prisons and the
QCS, and the contracts between QCS and the two
• appropriate devolution of decision-making
private providers, are key accountability
authority to managers, backed up by adequate
instruments. The extent to which these are subject
resources and performance frameworks
to outside scrutiny may determine the degree to
• independent and public assessment to determine which they provide public accountability.
whether purposes have been achieved.
The Office of the Chief Inspector (OCI), the
Queensland Ombudsman and the Crime and
Corruption Commission have oversight roles. The
OCI’s functions include inspecting corrective
services facilities, reviewing their operations and
services and coordinating the Official Visitor
scheme, which investigates complaints made by
prisoners. The most recent report about a prison's
performance that has been published on the OCI’s
website was prepared in 2012. The OCI currently
reports to the QCS Commissioner, but the
government plans to establish an independent
inspectorate of correctional services.

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Other programs and services and the private sector. While the Queensland
Government is responsible for most government-
As mentioned, flows of prisoners into the funded services, the Australian Government is also
corrections system are heavily influenced by the an important player, particularly through the
effectiveness of programs and services in the operation of the welfare system.
broader criminal justice system and elsewhere.
The governance arrangements for both individual
There are a wide range of programs and services programs and services, and for the system as a
(some of which are discussed in this paper). They whole, will be an important determinant of their
operate under various legislation, and are funded or effectiveness and will influence the numbers of
managed by various agencies, community groups people flowing through Queensland prisons.

Questions

• Do the governance arrangements (including incentives)—from policymaking to service delivery—

encourage the best outcomes (such as reducing recidivism)? If not, what changes should be made?
• Is the system sufficiently transparent and accountable to government, the community, victims and
prisoners? Are programs and services measured and evaluated adequately, and are the outcomes of
the evaluation used for improvement?
• How well do current institutional arrangements and practices support collaboration and cooperation
between agencies, governments, providers and the community?
• To what extent are wider costs and benefits recognised in decision-making, including in the
allocation of resources?
• Which barriers to reform exist, if any? How could they be removed to deliver better outcomes?

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Appendix A: Terms of reference

Inquiry into imprisonment and recidivism
The growth in imprisonment rates, coupled with continued recidivism, is an important public policy concern. The
Government would like the Commission to investigate this matter and suggest potential measures to improve
outcomes for the community over the medium and longer term.
In accordance with section 23 of the Queensland Productivity Commission Act 2015, I direct the Commission to
undertake an Inquiry into Imprisonment and Recidivism.

Context
The growth in prisoner numbers is a serious and growing public policy concern for Queensland:
• the imprisonment rate of people in Queensland prisons increased by 40 per cent in the five years from 2012
to 2017, around five times the population growth rate for Queensland
• the imprisonment rate of Aboriginal and Torres Strait Islanders increased by 50 per cent over the same period
• recidivism is high with more than 60 per cent of new prisoners having been in prison before
• of further concern is the real increase of imprisonment of women, especially Aboriginal and Torres Strait
Islander women.
The growth of prisoner numbers has major social and economic implications for affected individuals and the
wider Queensland community. It also has significant financial implications for government.
Change is necessary; however, the problem is complex. Prisoner numbers reflects underlying forces including
long term social and economic factors and community views about criminal justice; but they also reflect the daily
activity and decisions at key points within the criminal justice system, sentencing and legislative frameworks,
police resourcing and decisions, sentencing practices, court workloads and access to support services including
legal aid.
A system wide approach to change is essential—considering both the underlying forces and the practical
operation of Queensland’s criminal justice system. Potential measures must be thoroughly worked-through and
rigorously tested, including comprehensive public consultation.
The Queensland Government considers that the Queensland Productivity Commission, as the State’s
independent public policy review body, is an excellent mechanism to undertake such innovative and evidence-
grounded research, investigation, testing and consultation.

Terms of Reference
The Queensland Productivity Commission is directed to undertake an Inquiry into Imprisonment and Recidivism.
The central question is, how can Government resources and policies be best used to reduce imprisonment and
recidivism and improve outcomes for the community over the medium to longer term?
In the context of the Government’s objective of ensuring a fair, safe and just Queensland, the Commission
should consider:
• trends in the rate of imprisonment in Queensland in recent years, including comparison with other sentencing
options
• evidence about the causal factors underlying trends in the rate of imprisonment

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• the factors driving Aboriginal and Torres Strait Islander imprisonment and recidivism and options to improve
matters
• the factors driving the imprisonment and recidivism of women and options to improve matters
• the factors affecting youth offending and corresponding imprisonment rates and options to improve matters
• measures of prisoner recidivism rates, trends in recidivism and causes of these trends
• the benefits and costs of imprisonment, including its social effects, financial costs and effectiveness in
reducing/preventing crime
• the effectiveness of programs and services in Australia and overseas to reduce the number of people in and
returning to prisons, including prevention and early intervention approaches, non-imprisonment sentencing
options, and the rehabilitation and reintegration of prisoners
• the efficacy of adopting an investment approach, where investments in prevention, early intervention and
rehabilitation deliver benefits and savings over the longer term
• barriers to potential improvements and how these barriers could be lowered.
The Commission’s recommendations should be consistent with the ‘Queensland Government Policy on the
Contracting-Out of Services’, which provides that services currently delivered in-house, including publicly
operated prisons, will not be outsourced other than in certain limited circumstances.

Consultation
The Commission must undertake public consultation in relation to the Inquiry, including with peak bodies,
experts, government agencies and other key stakeholders.
The Commission must consult with the Deputy Director-General Cluster Group for the ‘Keep Communities Safe
Priority’ of ‘Our Future State: Advancing Queensland’s Priorities’ and the Crime Statistics and Research Unit in
the Queensland Government Statistician’s Office.

Reporting
The Commission must publish a draft report (including interim recommendations) for consultation by
1 February 2019.
The Final Report must be provided to the Government by 1 August 2019.

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