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She estimates that if drugs were not a crime, 90% of the people in prison would not be there (many crimes such as theft and break and enter are due to drug dependency). She believes that people should be in prison only if they are a physical threat to society. Prison must be a last resort for sentencers as it has been proven over and over again that it neither rehabilitates or prevents ‘crime’. Police must not target trivial, non-violent offenders and contribute to the reduction of women in prison through ‘tolerant policing’ tactics.

However, the current government is defying these basic observations by proposing to build a new women’s prison at Windsor. They are blatantly ignoring the overwhelming criticism to the prison by people who have spent their life observing the ineffectiveness of prisons. Rather than solve the problem of overcrowding through legislative reform, e.g. much needed de-criminalisation of drugs or pushing for real alternatives to prison, they are choosing the politically safe band-aid method of locking up women.

Rather than viewing prison as the standard punishment, it must be seen at the extreme end of a long line of other punishments, each very serious in themselves. Prison must really be seen as a last resort. Therefore it should not be a resort at all for certain offences, especially for breaches of ‘lesser’ punishments such as community service orders or periodic detention sentences.

Recidivism
Recidivism (repeat offending) is a major contributor to the growing number of women in prison. One study found that more than half (55.6%) of the women in custody on census day (30 June 1994) had a prior episode of imprisonment. More recently it has been estimated that a female in custody has a two-in-three chance of having had a prior period of imprisonment. For indigenous women there is a three- in- four chance of having a prior period of imprisonment. 4 A number of assumptions can be drawn from these statistics; one is that imprisonment does not deter people from committing crimes. A perpetual cycle is thus created, the more institutionalised someone becomes, the more likely they end back in the institution on release. Also, there is a tendency by the judiciary to provide a harsher sentence each time an offence is committed – ‘pushing people up the penal ladder’. This makes it very difficult to provide other sentences besides imprisonment because magistrates are obliged to impose a prison sentence. In effect, NSW has its own form of mandatory sentencing. Focus should be on the instant offence rather than what has preceded it. As Greens parliamentarian Lee Rhiannon emphasises, repeat offenders committing petty crimes should not go up the penal ladder if they do not pose a threat to the community.

Non-Prison Options for Punishment
Harsher Options Unfortunately, it is unrealistic to imagine that imprisonment will cease to exist with the current governmental system, but increased usage of harsh punishments, such as clearly defined intensive probation, is another option for sentencers. Very frequent reporting, restrictions on freedom of movement and other punitive measures could be used to make it a viable option.

Another program for women would be a probation hostel. There is a program in Oregon for women, who would otherwise be imprisoned and offers a wide range of services including housing, mental health, drug and alcohol counseling, child care, maternal education, literacy etc. Blanche Hampton suggests short, periodic detention options at local centres with provision for children.

Community Service Orders
Meaningful community service orders are a viable option, located within the ‘offenders’ own community. Community service orders are the most effective and long-standing alternative sentencing option. For example a program in California run by the Department of Corrections Family Foundations provides residential facilities where women can live with their children. They have drug problems and they are going through treatment but at the same time they get the treatment and educational and parental education to assist them with their children as well as community support to maintain what they have learnt. These need to be fostered and resourced properly. At the moment in New South Wales there is a scarcity of community service order options for sentencers, especially for rural women offenders to access appropriate community service based sentences.

Bail Hostels
More Bail Hostels are essential. In New South Wales there is only one facility which houses 8 women. Not only did they have to turn away 90 women in 1999 but also there are many women being held in prison for non-violent offences who should be housed in a bail hostel. Even conservative estimates point out that the current prison remand population could be reduced by one-third. Women who are on charges of break and enter, possessing drugs and theft should not be held in prison, whilst awaiting trial. The UK has successful bail hostels that are supervised for 24 hours, and there is a requirement for people to be there at all times. Bailees have the opportunity to use the period constructively.

Home Detention Scheme
The Home Detention Scheme is an option for sentencers, as long as the women have homes to go to. It has been criticised as being unrealistic as many sentenced women are homeless. This discriminates against homeless women who are therefore more likely to go to prison. In these cases, probation hostels would be a more viable option.

“it’s extremely harmful and unproductive if women are in prison for non-violent drug related offences”
Alternatives beyond punishment
Women need understanding and practical support networks rather than dogma and punishment. This approach to ‘criminal’ behaviour is much more likely to rehabilitate than imprisonment. Lee Rhiannon emphasises that a whole of government approach is needed, so everything from the Department of Housing, the Department of Community Services and the Department for Women should come together to develop programs and facilities that will assist women who find themselves on the wrong side of the law. Often, a major need for women is some form of rehabilitation - support to give up drugs and alcohol and practical solutions to off-set these urges. More money should be put into not only rehabilitation instead of imprisonment but also after imprisonment. These programs would need to make allowances for individual needs. Rather than developing resources in the prisons, there needs to be a focus upon the development of community-based services for women.

As stated by Seear, N and Player, E, ‘Women in the Penal System’, London, Howard League for Penal Reform, 1986

Interview, April, 2001, author of ‘Prisons and Women’, NSW University Press, 1993

See Sheet 3;‘The Failure of Imprisonment: each inquiry says the same thing...’

Ms Colleen Subir, Acting Senior Policy and Project Officer for the Women’s Services Unit, Department of Corrective Services, see Select Committee on the Increase in Prisoner Population, Interim Report: Issues Relating to Women, p59. See also Sheet 2:‘When will they ever learn’

Blanche Hampton, Prisons and Women, as above, p 190

oral statements given by Vinson on Monday 27th March 2000, NSW Parliament , to the Select Committee on the Increase in Prisoner Population, these statistics come from a prison census, 30 June 1999.

Lee Rhiannon, 52nd Parliament - Women in Prison - 22/09/99 -Extract from the Legislative Council Hansard

Written by Alex Bligh for Stop the Womens Jail Anti-Prisons Resource Kit Published June 2001 by Justice Action Ph: (02) 9281 5100