That's one question after reading an item on today's SMH site, repackaging a media release announcing that -
the State's worst murderers and violent criminals will be kept behind bars after their sentences have finished under a radical plan by the NSW government that will target prisoners who resist rehabilitation.The article goes on to claim that -
Premier Kristina Keneally will today order Corrective Services to begin an audit of the 750 "worst of the worst" prisoners in NSW.
Prisoners refusing rehabilitation programs or judged not to have taken responsibility for their crimes will be detained indefinitely under new powers. The plan will build on the Crimes (Serious Sex Offenders) Act, which provides for the extended detention and strict monitoring of rapists and sexual offenders.
Extended Supervision Orders would be expanded to keep murderers and violent criminals caged in the same way as sex offenders.Vague reporting as an ailing Government staggers to an election should be read with caution but the claims are consistent with recent penal populism in NSW. Indefinite or permanent detention on the basis of 'deeming' (by an official?) is deeply problematical, antithetical to the principles that alleged offenders are presumed innocent, are tried in an open court in which they have an opportunity to defend themselves against charges (with the prosecution bearing the burden of proof), and if convicted are sentenced to a finite period of imprisonment. Having "done the time" the offender is free.
Prisoners such as Motekiai Taufahema, who murdered Senior Constable Glenn McEnally in 2002 and is due for release in two years, could be locked up for longer if he is deemed not to have reformed. ...
Civil libertarians said the plan undermined the justice system and would deter prisoners from rehabilitation if their sentences were effectively meaningless.
NSW Council of Civil Liberties secretary Stephen Blanks said: "The rule of law requires politicians to set the framework of justice and for judges to deliver sentences away from political influence.
The prison system is there to encourage prisoners to reform but, if they know they can effectively be re-sentenced by the government, there is no incentive to reform."
We might indeed choose to incarcerate some offenders permanently - there is nothing in the NSW Constitution to prevent life imprisonment for jaywalking - or to increase the tariff for particular offences (eg double the time in prison). However it is disturbing to see Governments availing themselves of scope for permanent detention of offenders on the basis that those people might commit offences in future, criminalising people on the basis of association, or keeping ostensibly sane people in custody because those offenders have refused to go through the motions of acknowledgement & repentance.
The NSW policy, if reported correctly, raises questions about the nature and effectiveness of rehabilitation in NSW prisons. It also raises questions about community perceptions of offenders and the rule of law, along with questions about law's conceptualisation of disability. Should we regard offenders who show no remorse for their offenders as being 'mad' (and thus appropriately addressed through the mental health system, potentially through life incarceration). How does that gibe with offenders who indeed feel no remorse but are sufficiently savvy to perform the street theatre that prevents deeming as recalcitrant?
The Premier's media release [PDF] indicates that -
The statewide audit will:Quite.
• identify which violent criminals are not taking responsibility for their actions;
• identify which criminals are participating in rehabilitation programs; and
• help determine whether stricter orders should be implemented to keep offenders behind bars.
Premier Keneally said the review is about strengthening measures to protect the community and keep dangerous people from returning to society.
"This is not a blanket approach – those prisoners who do the right thing will not be impacted by this review – but those refusing to take responsibility for their actions will be identified", Ms Keneally said.
"This is about protecting society from violent offenders who refuse to rehabilitate - plain and simple." ....
Corrective Services Minister Phil Costa said the NSW Government has a range of rehabilitation programs to help address offending behaviour.
"We make no apologies for running a tough corrective system, but it is also a system that provides many opportunities for those inmates who want to modify their offending behaviour," Mr Costa said.
"Inmates have the opportunity to pursue a range of education options from their School Certificate and Higher School Certificate to TAFE accredited courses that greatly improve employment prospects upon release."
