Denial of Parole in Victoria - protecting the community? Peter Norden AO Adjunct Professor, RMIT University Australian & New Zealand Society of Criminology Conference Sydney University 2 nd October 2014

David Garland, Prof of Law & Prof of Sociology at New York University explained (Culture of Control, 2001) that: “the last three decades have seen an accelerating movement away from the assumptions that shaped crime control and criminal justice for most of the 20 th century. The central agencies of the modern criminal justice state have undergone quite radical shifts in their working practices and organisational missions”.

No where could this observation be seen more clearly in the “reform” of the work of the Victorian Parole Board in Victoria, since the Victorian Government accepted the recommendations of the Callinan Review of the Parole System in Victoria (July 2013) His negligible risk recommendation stated : “Prisoners should only be granted parole on application by them if they can satisfy the Parole Board, taking as paramount the safety and protection of the community, to a very high degree of probability that the risk of reoffending is negligible, and that they are highly likely to satisfy the conditions of parole to which they are likely to be made subject”. This was accepted by the Victorian Government as a measure to ensure protection of the community.

Background to the Callinan Review: Two high profile murder convictions by persons on parole or recently completed: namely, Adrian Bayley and Steven Hunter. Callinan’s recommendations were good corporate advice for the Victorian Government, in reducing the risk, with a forthcoming State election in Nov 2014, but, the position of this presentation is that it did not help to “protect the community”.

Victorian Parole Board Annual Report (2013-4) The latest ABS figures Corrective Services June 2014 show that Australia had an 10% increase in prison numbers in 12 months….. While the Callinan report was publicly released in July 2013, the Napthine Government had already introduced changes to the operation of parole prior to that, as can be seen in the Report of the Vic Parole Board.

Victorian Parole Board reports: 2012/32013/4 In custody 30 th June:5,340(9.3%)6,113 (14.5%) Paroled:2,0511,313 (-36%) Denied:425 (43.6%)834 (96.2%) Cancelled:930 (41.1%)761 (-18.2%)

Implications of these changes: (based on 40 years post release prison work) “If an offender is refused release on parole, that person will complete the remaining period of his or her maximum imposed sentence and then must be released, but without any form of supervision or control, other than that imposed on any citizen”. For a person who is considered potentially dangerous or with special needs, that situation creates a greater degree of threat to the community than if the person was released under the supervision and control of the Parole Board. Recent public criticism of the parole board may be shielding the rapidly expanding Victorian prison system from public scrutiny….

$1 billion increase in capacity of Victorian prison system in 3.5 years. “This new infrastructure will support the crucial commuity safety and parole reforms introduced by the Napthine Govt”. Edward O’Donohue, Corrections Minister, 15 August new maximum security beds at Remand Centre (Aug 2014) - Further 100 bed expansion also at MRC (open Jan 2015) - More than 1,500 prison beds have opened since beg of Further 2,500 beds in the pipeline, including the new 1,000 bed medium security prison at Ravenhall, run by GEO Group (private) “The investment in Victoria’s prison system is not only supporting a safer community, it is creating an estimated 1,477 full-time ongoing operational jobs and up to 2,780 construction jobs”. (O’Donohue)

Prison Expansion: - the first refuge of intellectually bankrupt politicians, clamouring for votes by getting tough on crime! - imprisonment rates in Victoria and throughout the country increasing at 3 times the national pop, over 20 years. - But the tide is now turning in the United States and the United Kingdom.

Social and Economic Implications: - impact on integrated social policy - Unprecedented expenditure on prison system WITHOUT any substantial increase in crime rate. -Dramatic increase in population of Melbourne, more than 2% per annum (cf.1.2% national rate) -Need for social planning to build liveable and affordable communities, with job creation. -Effective crime prevention through social planning.

Ingredients of Integrated Planning: (in addition to increase in housing stock) - efficient provision of public transport - range of local educational and employment options - access to local health services - development of recreational and leisure facilities - increased collaboration with local government and non government services

Conclusions from this critique: …substantial implications for national social policy reform in Australia today. …focus on crime prevention and development of cohesive, liveable and affordable communities, will result in a safer society, not prison expansion.