1. CLC Conference 20101 Social Justice, Disability and the Criminal Justice System Associate Professor Eileen Baldry Research Team: Eileen Baldry, Leanne Dowse, Melissa Clarence & Phillip Snoyman ARC Linkage Grant 1

2. CLC Conference 20102 Presentation Outline What is Social Justice? People with Disability in the CJS: MHD&CD Conclusions: implications of SJ & disability in cjs

3. CLC Conference 20103 Social Justice Social justice (redistributive justice): moral imperative and a social philosophy All have right to a fair share of natural and social resources These ends should be pursued by those in positions of societal, political and organisational responsibility. SJ pays attention to, is in solidarity with most disadvantaged and excluded. How to achieve SJ? One large element is the maintenance of socially just structures.

4. CLC Conference 20104 Social Justice social injustice rooted in politico-economic structures based on subjugation, discrimination, exploitation and privilege to achieve social justice these structures need to be constantly challenged favouring egalitarian & non-discriminatory structures and should eschew elitist, gendered, classist model of society.

5. CLC Conference 20105 HR & participatory citizenship A Human Rights framework - helps provide legal and structural requirements to meet social justice Participatory citizenship - helps ensure community strengths, empowerment & enfranchisement So, social justice-human rights-participation form a powerful paradigm to do SJ work

6. Equality The Spirit Level by Wilkinson & Pickett 2009 Overwhelming evidence for the positive effects on all aspects of society of greater economic equality CLC Conference 20106

7. Importance of Income Equality from Wilkinson & Pickett CLC Conference 20107

8. 8 Disabilities and SJ Structural barriers (policies and practices that favour those without disabilities or actively disadvantage or discourage those with disabilities) need to be removed, AND Positive redistribution via structural supports (policies and practices that provide equity and resources for those with disabilities) need to be present for SJ to be advanced.

9. SJ, Disability & the CJS How does this apply in the CJS? Evidence from the MHD&CD in the CJS study CLC Conference 20109

10. The problem

11. CLC Conference 201011 The Mental State Of Women And Men In NSW Prisons ( adapted by McComish from Butler & Alnutt 2003)

12. 12 MHD 2009 Survey Shows increasing levels over past 14 years of mental health disorders amongst prisoners, mainly mainly due to change in male MH disorders Source: 2009 NSW Inmate Health Survey: Key Findings Report p:17 CLC Conference 2010

13. Cognitive disability in NSW CJS DJJ 74% below av. range of intellectual functioning (V 25% standardised sample) Small ID but larger BID over-representation in NSW prisons UK appears much higher: eg av IQ 84 (Hayes et al 2007) 13CLC Conference 2010

14. But … As the following study demonstrates, these figures are somewhat misleading The real story lies with the level of complex needs (multiple diagnosis with high disadvantage) CLC Conference 201014

15. Pathways into, through, around, out of and back into CJS Evidence of effects of inequitable life chances, policies, practices, opportunities and capabilities

16. MHDCD Study 2,731 persons drawn from the JH 2001 survey and from the Statewide disability database MH&CD diagnosis known Merged data from JH, Corrections, P&P, Police, JJ, Legal Aid, Courts, Housing, ADHC, (Community Services and Health still being drawn) CLC Conference 201016

17. Child protection Data still being drawn but early indications are ~ 2/3 rd of cohort known to CS CLC Conference 201017

18. CLC Conference 2010 18  Although prison population in general has low levels of education, diagnosed groups have even lower levels – see non-diagnosed group  Those with some form of CD have the worst levels of education. MHDCD Study: Education

19. CLC Conference 2010 19  Very high rate of persons in prison with ID & borderline not receiving services from ADHC (improving over past 2 years)  Only 10/709 JJ CD group were ADHC clients  79% of ADHC clients imprisoned prior to becoming a client MHDCD Study: ADHC

20. CLC Conference 201020  V High level of housing assistance sought across the cohort  V high level of housing assistance given  Problem appears to be in maintaining tenancy: ½ due to frequent episodes in prison; also frequent behavioural issues, failing tenancies (likely to be arrears, debt). Housing Assistance

21. Contact with Police & Legal Aid 21CLC Conference 2010 BID/ID/MH/AOD complex –significantly lower age 1st contact Legal Aid was afforded regularly to almost all of those with complex needs but did not appear to prevent regular incarceration

22. Section 32 (at any time) 22CLC Conference 2010 Only 618 matters ever dismissed under Sec 32 for this cohort of 2,731 persons 16% of MH/ID ever had matters dismissed under Sec 32; 10% of MH/BID; 6% ID only & BID only Sec 32 underused as means to manage offenders with MHD, CD & complex diagnoses in the community

23. Remands (adult only) & Court Finalised matters 23CLC Conference 2010  Significantly higher number of remand episodes for complex needs but significantly lower length of stay each time than single or no diagnosis groups  Those with complex CD have the highest rates of court finalised matters

24. Custodial Episodes CLC Conference 2010 24 Individuals with complex needs have significantly higher number of custodial orders than those without complex needs Women have a higher rate of custodial episodes per year than men Women with complex needs higher number and rate of custodial episodes than men Indigenous women have highest number and rate

25. CLC Conference 201025  Significantly higher JJ contact for ID/BID/AOD ; complex needs sig more custodial episodes but sig lower average days in custody MHDCD Study: DJJ Complex needs children earlier 1 st police contact; but significantly more police contacts before detention

26. 26 Types of Offences  Theft and road traffic/motor vehicle regulatory offences most common offences (~20% of all groups)  Justice Offences next common at ~10% across all groups  ‘Acts intended to cause injury’ common (approx. 10%)  But CD complex groups more likely to commit public order offences (approx. 10%).  Very high rate of lower level offences – many avoidable if community support / supported housing DistrictCourtConference 6.4.10

27. CLC Conference 201027 Time in custody  These 2 slides provide a picture of those with CD complex needs having higher rates of episodes in custody but significantly shorter duration each time in custody

28. Indigenous persons in cohort CLC Conference 201028 Indigenous persons have a significantly higher number and rate of convictions than non Indigenous persons Indigenous women have significantly higher rates of convictions than non-Indigenous women and higher rates of remand episodes Critical variable keeping Indigenous women cycling in an out appears to be their complex needs. But entrance into CJS in first place due to their Indigeneity & significantly higher disadvantage.

29. Women in cohort CLC Conference 201029 There is a significant difference in overall rate of convictions with females having a higher rate of conviction than males Women have more custodial episodes but these are shorter in duration - greater rate of cycling in and out of prison for women with complex needs – high rate of remand 75% of these women reliant on social housing 1/3rd of these women been through juvenile justice Only 7% of those women with cognitive disability supported by Disability Service

30. Pathway for complex diagnosis offenders High JJ involvement (48%) Indications are high Community Services involvement Only 10 / 709 of JJ CD group were ADHC clients Numerous school exclusions / truants - expelled Early police contact AOD Homeless – Housing assistance but problems maintaining tenancies Recidivist/persistent offender/ high remand episodes The CD complex groups are significantly higher on all the above CLC Conference 201030

31. CLC Conference 201031  A social Justice analysis indicates that those with MHD&CD in the CJS have experienced significant disadvantage throughout their lives and in their contact with government agencies and have had little in the way of opportunity to address the iterative disability impacts experienced by many since early childhood Conclusions

32. CLC Conference 201032  Those with CD complex needs, and particularly Indigenous young persons and girls, start cycling around in a liminal marginalised community/criminal justice space at an early age  Such a space is not a socially just structure and does not afford access to social supports or to claim HR MHDCD Study: Conclusions

33. 33  Strong early childhood, school education, disability services, non-criminal justice service, early adolescent mental health, lifelong social housing and disability aware legal service supports & improved incomes are all necessary for those families and communities with lower income levels to ensure socially just outcomes for persons with disability who are disadvantaged.  These approaches and supports are afforded to middle and upper class children with disability Ways forward CLC Conference 2010