ANALYSIS:With numbers at a record high and costs going through the roof, the penal system needs reform, writes IAN O'DONNELL
THE FINANCIAL downturn provides an opportunity to reconsider the current commitment to expanding the penal system. The average cost of providing a prison place was €93,000 last year. At a time when so many vital services are under threat whether this constitutes value for money is more debatable than ever.
The issue is brought into sharp focus now that the population of serving prisoners is close to 4,000, twice the number behind bars 20 years ago. There is little doubt this expensive resource could be used more effectively without jeopardising public safety.
First of all, a determined effort is required to divert minor offenders from custody. Many of those sent to prison each year receive short sentences, measured in terms of a few weeks or months, and could instead be dealt with in the community.
This group includes fine defaulters, of whom 2,500 were jailed during 2008. It is a matter of concern that people whose offending is not serious enough to attract a custodial sentence end up in prison because they cannot, or will not, pay their fines. During a time of recession the number of such cases is sure to increase.
We know that 85 per cent of fine defaulters are back in custody within four years, a recidivism rate double that of other prisoners. Keeping them out would have the added virtue of reducing the overall level of recidivism. Because they serve short periods in custody, fine defaulters account for a tiny fraction of the prison population on any given day. This observation is sometimes made to downplay the harms associated with their imprisonment. But the reality is that short bursts of incarceration are hugely disruptive to the individuals concerned and their families and put an avoidable burden on busy prisons like Mountjoy.
A Bill to address this problem has been introduced. Hopefully the current drive to save money will ensure it completes its legislative journey without delay.
Next, there is the difficulty of reintegrating ex-prisoners. Research shows the most deprived areas of the country are home to 146 prisoners per 10,000 residents. This is in comparison to six in the least deprived areas; a ratio of 25 to 1. The magnitude of this difference is stark. It demonstrates unequivocally that areas already marked by serious disadvantage must bear the brunt of the social problems that accompany released prisoners.
This creates a potentially destabilising situation given the propensity for ex-prisoners to re-offend and the demands they place on health and welfare services for the provision of drug and alcohol treatment, unemployment assistance and housing. For a Government that proclaims an interest in strengthening social capital, this should sound a warning bell, especially if the prison population is allowed to continue upwards.
The evidence is that the poor are trebly unfortunate. All other things being equal, they are more likely to be imprisoned in the first place. If fined they can end up in custody in default. Upon release they return to a small number of areas where disadvantage is concentrated.
In many ways the challenge for criminal justice is not identifying what needs to be done. This has been set out in numerous reports down the years that have called for a shift away from prison and towards community sanctions and measures. The real challenge is ensuring that action is taken and followed through.
The White Paper on crime being drafted by the Department of Justice, Equality and Law Reform provides an opportunity to set out how to overcome obstacles to implementing recommendations on these issues. This task takes on added urgency at a time when public spending is under unprecedented pressure. In this context I have one suggestion to make. This is to take four old prison places out of commission for every three new ones constructed. This would establish a firm link between new buildings and an overall policy of minimising the use of custody. The emphasis would be on fewer, but better, cells. This is a low-risk approach – if unsuccessful it could be easily reversed. In the meantime, the financial savings could be put to good use in communities struggling to cope with disproportionate numbers of released prisoners and at risk over the coming months of death by a thousand snips.
Ian O'Donnell is professor of criminology at UCD