The Open Access Publisher and Free Library
13-punishment.jpg

PUNISHMENT

Understanding Failure to Maintain Contact Violations

By Kelly Lyn Mitchell and Ebony Ruhland

Since 2019, Ramsey County Community Corrections (RCCC) and the Robina Institute of Criminal Law and Criminal Justice have collaborated on the Reducing Revocations Challenge, a CUNY Institute for State and Local Governance national initiative supported by Arnold Ventures that is dedicated to understanding the drivers of probation revocations and identifying ways to reduce them when appropriate. This study investigated the underlying causes of failure to maintain contact violations by interviewing individuals on probation in Ramsey County, Minnesota. A significant finding from our research is that "failure to maintain contact" with probation officers, often called "absconding" in other jurisdictions, is a prevalent violation, accounting for 29% of probation violations and 23% of revocations. Additionally, this study sought to understand how people on probation experienced being apprehended on a warrant, the issuance of which was reported to be a frequent response for failure to maintain contact violations. On the surface, the reasons for failure to maintain contact seemed straightforward. However, individual stories revealed much more complex situations, including struggles with substance abuse, lack of basic needs, and missteps by the probation department. This study also revealed several potential areas for improvement that could reduce failure to maintain contact violations in the future, such as assessing and addressing basic needs to increase compliance and reestablishing communication with individuals who are unresponsive but not necessarily hiding.

Minneapolis: Robina Institute of Criminal Law and Criminal Justice, University of Minnesota, 2023. 38p.

Race Equality in Probation Services in England and Wales: A Procedural Justice Perspective

By Kevin Ball, Avtar Singh and Trevor Worsfold

Probation services in England and Wales supervise over 240,000 people sentenced by the courts or after they have left prison; around one in eight of these people are from a nonwhite ethnic minority (Ministry of Justice, 2022). Her Majesty’s Inspectorate of Probation recently published their inspection report on the experiences of ethnic minority people on probation and staff. From fieldwork across five areas, the inspectors found significant problems in the quality of relationships between probation workers and ethnic minority people on probation, and reported significant gaps in the availability of services and interventions. This article will review the policy landscape of probation provision for ethnic minorities, summarise the inspection findings and official data, and provide an analysis of the narrative data collected in the fieldwork with probation staff and people on probation. We will analyse the narratives of those involved in probation provision for ethnic minorities through the lens of procedural justice, which encompasses the elements of understanding the process taking place; having a voice in that process; feeling that you have been treated with respect; and having trust in the fairness of the process (Hunter et al., 2020).

Manchester, UK: British Journal of Community Justice, 2023, 19p.

‘A lack of cultural understanding and sometimes interest’: Towards half a century of anti-racist policy, practice and strategy within probation

By John Wainwright, Lol Burke, Steve Collett

In 2021, HM Inspectorate of Probation published a long awaited and highly critical report – Race equality in probation: the experience of black, Asian and minority ethnic probation service users and staff. The inspection upon which it was based was conducted in the Autumn of 2020 and was therefore set against the background of the death of George Floyd in the United States, and the rise of the Black Lives Matter movement worldwide. The Black Lives Matter (BLM) movement laid down a challenge on many levels, stating that black, Asian and minority ethnic people must be accepted and respected as equal citizens and nowhere is this more urgently needed than within the operation of the criminal justice system. However, its follow up report (HM Inspectorate of Probation 2023) reported being disappointed in the lack of progress made by the Probation Service in addressing the issues raised in its earlier report. The article seeks to move beyond the conclusions and recommendations of the Inspection report using the lens of Critical Race Theory to engage in a discussion of systemic racism in society. To do this we have used three levels of analysis – macro, meso and micro – to situate contemporary probation within the wider structures of a post-colonial society.

Liverpool, UK: Probation Journal, 2024, 23p.

Gender in a ‘caring’ profession: The demographic and cultural dynamics of the feminisation of the probation service in England and Wales

By Matt Tidmarsh

The number of women working in occupations that lay claim to professional status has increased markedly in recent decades, but the speed and extent of the ‘feminisation’ of the probation service in England and Wales render it unique. Such change has occurred against the backdrop of attempts to present the service in more ‘masculine’ terms, to increase punitiveness while maximising its efficiency. This article seeks to move explanations for feminisation beyond gender stereotypes about care work. Drawing on semi-structured interviews with 38 members of staff from across the probation estate, and with particular regard to the unification of services, it explores the demographic and cultural dynamics of feminisation. The article argues that the sustained (and ongoing) devaluation of probation's professional project, pay and working conditions have impacted retention and recruitment in such a way that has filtered into the gender composition of the service.

Leeds, UK: Probation Journal, 2023, 21p.

The role of the senior probation officer and management oversight in the Probation Service

By  HM Inspectorate of Probation (UK)

A thematic inspection led by HM Inspectorate of Probation investigated the effectiveness of the arrangements to support Senior Probation Officers (SPOs) working in sentence management and in court teams. The report also focuses on management oversight, the processes taken by SPOs to make sure that probation work is undertaken to the required standard. The Probation Service lacks a comprehensive strategy for delivering effective management oversight. The inspection found the management oversight frameworks that have been implemented are used inconsistently by probation staff. Only 39 per cent of SPOs believed the current policies relating to management oversight meet the needs of the probation caseload. This inspection found: The current management structure and arrangements for the delivery of sentence management do not enable effective management oversight. A significant amount of time is currently being spent by SPOs on tasks unrelated to service delivery. Sixty-two per cent of SPOs said they had dealt with issues such as broken toilets or damaged windows within the last month. Staff in Wales have responded positively to the introduction of a new structure which has resulted in a less frenetic working culture. Morning check-in meetings and protected hours for probation practitioners to consult with SPOs have reduced anxiety levels, fostering a more considered approach to decision-making. An accompanying effective practice guide has been produced alongside this report, highlighting the good practice observed during this inspection. This report makes six recommendations, including to design and implement a comprehensive induction and development programme for all SPOs and to review business support functions in relation to facilities management and human resources.

Manchester, UK: The Inspectorate, 2024. 36p.

Adults With Mental Illness Are Overrepresented in Probation Population But many probation agencies lack specialized training or tools to supervise them effectively

By Connie Utada, Rebecca Smith,  April Rodriguez

Adults on probation—supervision imposed by the court generally in lieu of incarceration—are more than twice as likely to have a serious or moderate mental illness as those in the general public, according to analysis of federal data from 2015 to 2019 by The Pew Charitable Trusts. This translates into over 830,000 adults with a mental illness who are on probation at any given time each year, or almost a quarter of all those on probation. Most of these individuals also have a co-occurring substance use disorder, with the rate of adults on probation with both a mental illness and substance abuse disorder over five times that of adults in the public. A recent survey of probation agencies nationwide conducted by researchers at the University of North Carolina at Chapel Hill (UNC) in partnership with Pew and the American Probation and Parole Association indicated that although agencies were aware that 20% to 25% of people under their supervision had mental health issues, most agencies did not have specialized mental health approaches and provided their officers with limited training related to mental health. Some officers who were interviewed said that they lacked the tools needed to successfully supervise people with a mental illness on probation, and that many people with a mental illness are placed on probation because other alternatives that don’t involve the justice system—such as diversion to treatment—aren’t being used or aren’t available.1 This lack of resources may be contributing to poorer criminal justice outcomes for people with a mental illness who are on probation, such as an increased likelihood of being arrested or going to prison. Some of the research’s key findings: People with a mental illness are more likely to be on probation than those without, and this disparity was even more pronounced for women and those with a co-occurring substance use disorder. Analysis of data from 2015 to 2019 showed that: Almost 3.5% of adults with a mental illness were on probation annually, compared with 1.7% of all adults. Among adults with co-occurring disorders, 8.5% were on probation annually. Women with a mental illness on probation were overrepresented relative to men. While 21% of all people on probation had a mental illness, the share of women on probation with a mental illness (31%) was almost twice that of men (16%). Many people on probation with a mental illness have more criminal justice contacts than those on probation without a mental illness. Adults with a mental illness who reported being on probation at some point during the year were more likely to be arrested during that year than those without a mental illness. ° Individuals with a mental illness who were on probation were more likely to go to prison for a new offense or for violating probation terms than those without a mental illness. Among people who were sent to prison from probation, those with a mental illness reported being arrested more often, going to prison more often, and being on probation more times than those without a mental illness. Many probation agencies lack the tools to support officers in supervising people with a mental illness, such as specialized approaches, staff training, and flexibility in setting supervision conditions. Among all responding agencies, 41% indicated they had a specialized mental health approach; among rural agencies, this dropped to 26%. 

North Carolina: Pew Charitable Trusts, 2024, 28p.

Public Health and Prisons: Priorities in the Age of Mass Incarceration

By David H. Cloud, Ilana R. Garcia-Grossman,  Andrea Armstrong, and Brie Williams

Mass incarceration is a socio-structural driver of profound health inequalities in the United States. The political and economic forces underpinning mass incarceration are deeply rooted in centuries of the enslavement of people of African descent and the genocide and displacement of Indigenous people and is inextricably connected to labor exploitation, racial discrimination, the criminalization of immigration, and behavioral health problems such as mental illness and substance use disorders. This article focuses on major public health crises and advances in state and federal prisons and discusses a range of practical strategies for health scholars, practitioners, and activists to promote the health and dignity of incarcerated people. It begins by summarizing the historical and sociostructural factors that have led to mass incarceration in the United States. It then describes the ways in which prison conditions create or worsen chronic, communicable, and behavioral health conditions, while highlighting priority areas for public health research and intervention to improve the health of incarcerated people, including decarceral solutions that can profoundly minimize—and perhaps one day help abolish—the use of prisons.   

United States, Annual Review Public Health. 2023, 29pg

Inspection of the Federal Bureau of Prisons’ Federal Correctional Institution Tallahassee

By The U.S. Department of Justice, Office of the Inspector General

Our inspection identified several serious operational deficiencies at FCI Tallahassee. Among the most concerning were the alarming conditions of its food service and storage operations. Specifically, on our second day at the institution, we observed inmates being served moldy bread and vegetables rotting in a refrigerator in a food preparation area at the female prison. We also observed in food storage warehouses likely evidence of rodent droppings and rodents having chewed through boxes of food, as well as bags of cereal with insects in them and warped food containers. Within 24 hours of the OIG alerting institution management of our findings, they and other staff removed large volumes of food from the storage warehouses. We also identified in the female prison serious infrastructure problems that created unsanitary and potentially unsafe conditions. Inside communal inmate bathrooms, we observed a shower in which discolored water had pooled, a shower that flooded when used, and an inoperable toilet. We also found that female housing unit roofs routinely leak and that all five general population housing unit roofs need to be replaced. Many female inmates live in housing units in which water frequently leaks from ceilings and windows on or near their living spaces. We observed housing areas in which feminine hygiene products were being used to absorb water from leaking windows, an electrical outlet that appeared to have fire damage, a sink that was detached from the wall, and a black substance on walls and ceilings. Additionally, we observed worn bedding, rusted inmate storage lockers, and unlocked supply closets. Most staff and inmates reported feeling safe and did not believe that sexual abuse was widespread at FCI Tallahassee. We nonetheless identified serious issues affecting inmate safety, including Correctional Officer shortages, a lack of supervisory oversight at the male detention center, and operational deficiencies in core inmate management and security functions, such as weaknesses with inmate search procedures and limited security camera coverage. Staff and inmates also told us that staff do not always enforce rules consistently, and inmates believed that certain staff took retaliatory measures against them. Additionally, inmates reported that some Correctional Officers use offensive language when speaking with them. We found that, collectively, these issues have adversely affected the trust inmates have in Correctional Officers, which can cause some inmates to be unwilling to report staff and inmate misconduct due to fear of reprisal. We also found that FCI Tallahassee’s Health Services Department is experiencing significant staffing shortages, with 38 percent of its positions vacant, which is consistent with challenges associated with hiring healthcare professionals across the BOP. While we found that Health Services Department staff work hard to complete many of the core tasks within timeframes set by BOP policy, staff shortages have negatively affected healthcare treatment, including causing staff to modify the time of day it distributes insulin and drugs to female inmates, which may limit the therapeutic benefit of these drugs for certain inmates. Separately, we observed a healthcare provider failing to ask required questions during inmate intake screenings and not informing inmates how to access healthcare services. We note that many of the issues we detail in this report were longstanding and that much of FCI Tallahassee’s executive leadership team is new to the institution. For example, the Warden reported for duty there in January 2023. He and the leadership team were aware of many of the issues detailed in the report and at the time of our inspection had been taking steps to address them. We appreciated the full cooperation they and their staff provided to the OIG team during the inspection. 

Washington, DC, U.S. Department of Justice. 2023, 49pg

Risk factors for suicide in prisons: a systematic review and meta-analysis

By Shaoling Zhong

Rates of suicide among people in prison are elevated compared with people of similar age and sex who are living in the community. Improving assessments and interventions to reduce suicide risk requires updated evidence on risk factors. We aimed to examine risk factors associated with suicide in prisoners.

United Kingdom, Lancet Public Health. 2020, 11pg

Prison mental health services in England: Prison & Young Offender Institution Mental Health Needs Analysis.

By Graham Durcan

Nine out of ten prisoners have at least one mental health or substance misuse problem. Commissioned by NHS England, this report compares current levels of need with prison mental health provision. Centre for Mental Health conducted a survey of current English prison mental health caseloads, staffing, skills, gaps in need and processes. With the support of regional commissioners and local leads, this involved the distribution of three surveys to all English prisons, young adult Young Offender Institutions (for over 18-year-olds) and Young Offender Institutions (for under 18s) in the summer of 2021. 

Just over three-quarters of England’s prisons and Young Offender Institutions (YOIs) returned at least one of the survey forms. This exercise followed on from a consultation and evidence gathering review on the future of adult prison mental health care, also commissioned by NHS England. 

United Kingdom, Centre for Mental Health. 2023, 55pg

Explaining penal momentum: Path dependence,prison population forecasting and the persistence of high incarceration rates in England and Wales

By Thomas Guiney and Henry Yeomans


This article seeks to explain the persistence of high incarceration rates in England and Wales. Building upon recent theoretical work on path dependence, we identify prison population forecasting as a poorly understood positive feedback mechanism that helps to determine the overall scale, scope and reach of the prison estate by connecting capital expenditure decisions with ‘business as usual’ planning cycles that assume considerable policy continuity with the past. We illustrate this point with reference to recent controversies over women's imprisonment where the everyday, routinised working practices of the penal system have played an important role in sustaining prison expansionism long after the initial conditions that fuelled the mid-1990s prison boom have faded. Disrupting these self-fulfilling logics will not be easy and we conclude this article with a call for a more deliberative democratic politics that confronts penal momentum and invites greater consideration of the many possible futures of penal policy.

United Kingdom, Howard Journal of Crime and Justice. 2022, 16pg

Prison Population Growth: Drivers, implications and policy considerations

By Cat Jones and Clare Lally

England and Wales have the highest per capita prison population in Western Europe. In October 2023, over 88,000 people were imprisoned, in an estate with a maximum capacity of 88,890. This was the highest number recorded. 94% of people in prison are adult men and the adult male prison estate is almost full. The prison estate is operating at 99% of its usable operational capacity and over 60% of prisons are overcrowded. Drivers of the current prison population growth include changes in sentencing policy (including increased sentence lengths). Other factors include remand, recall, reoffending and policing. The number of people given immediate custodial sentences has fallen from 98,044 in 2012, to 67,812 in 2022. This suggests that the prison population increase is not driven by more convictions. Nearing capacity can have negative implications for the safe operation of prisons, and for the health, wellbeing and rehabilitation of people in prison. Government action to avoid exceeding capacity includes expanding the prison estate and releasing some prisoners up to 18 days early. As of December 2023, three relevant bills are progressing through Parliament: the Sentencing Bill 2023, the Criminal Justice Bill 2023, and the Victims and Prisoners Bill 2023. Each contains a range of measures, with some likely to reduce the prison population and others likely to increase it. Various stakeholders have proposed additional policy options, such as the greater use of non-custodial sentences, and interventions to reduce the remand and recall populations. Some experts in this field have highlighted the role of public opinion in relation to sentencing policy and the relationship between prisons and the wider justice system. Evidence suggests that the public generally overestimate crime rates and underestimate sentence lengths, and that better-informed members of the public are less likely to view sentences as lenient. More high-quality research is needed to better understand the drivers of increased sentence length and to evaluate health and rehabilitation programmes in the prison context.  

United Kingdom, Parliamentary Office of Science and Technology. 2024, 33pg

Louisiana Deaths Behind Bars 2015 - 2021

By Andrea Armstrong

This latest report in a series continues to examine deaths among incarcerated people in Louisiana. From 2015 to 2021, at least 1,168 incarcerated people died behind bars in prisons, jails, and youth detention centers across Louisiana. Since our last report analyzing deaths 2015-2019, an additional 375 incarcerated people have died behind bars.

Approximately 86% of known deaths behind bars were of people serving a sentence for conviction of a crime. Deaths of people being held pre-trial, i.e. had not yet had a trial on their criminal charges, constituted 13.44% of all known deaths.

New Orleans, Loyola University College of Law. 2023, 75pg

Food Matters in Prisons: Briefing Paper

By: Food Matters

The World Health Organisation has emphasised the importance of seeing prisons as whole food systems. In this paper, Food Matters highlights numerous opportunities for food to play a broader role in prison life. In January 2023, Food Matters organised a roundtable workshop to discuss the issue of food in prisons, involving experts from the voluntary sector, academia, and individuals with lived prison experience. The central theme was the significant role of food in prisons and its impact on the lives of those held in them. We coupled the findings from this workshop with a review of related policy and literature in an interim paper which was shared with key stakeholders, including His Majesty’s Prison and Probation Service (HMPPS), His Majesty’s Inspectorate of Prisons, the Care Quality Commission, the Independent Monitoring Board, Clinks and other voluntary sector organisations. This paper explores the crucial role of food in shaping prisoners' identities and relationships and its potential to have positive impacts in prisons, including fostering relationships; promoting education, exercise and meaningful activities; enhancing cultural understanding improving physical and mental health; enhancing safety; and reducing reoffending. Food Matters has concluded that food should move from being a functional aspect of prisons to become a focal point for various activities and improvements to prison regimes. Key findings and considerations include: Opportunities for building on existing initiatives: Positive initiatives related to food and nutrition have been undertaken in prisons by voluntary sector organisations, supported by HMPPS and/or individual governors and more recently by HMPPS itself in promoting self-production initiatives and creating healthy recipes. However, limited resources and short-term funding have hindered the sustainability and longterm impact of these efforts. There is potential for collectively sharing best practices and building an evidence base for food and growing-related initiatives across prisons. Opportunities for greater transparency over food quality, standards, and sustainability following strengthened government commitments to adopting sustainable food procurement, the introduction of new nutritional guidance for public catering, and requirements for data reporting on food procurement and waste. More broadly, there is potential for widespread adoption of mainstream public health initiatives in prisons, including accreditation schemes for caterers and food suppliers. There is also scope for enhanced independent inspection and parliamentary oversight to encourage more creative approaches to be taken, building on a thematic review that explored the role of food in connection, comfort, and mental health support in prisons. Opportunities for HMPPS to adopt a strategic approach to developing food-related initiatives, integrated within a range of policies and practices such as rehabilitation, learning and skills development, family ties, and well-being and ensure that opportunities for self-catering, communal dining, and sustainable food production are maximized in redevelopment and new building projects.

Brighton , UK: Food Matters, 2024. 42p.

Budgeting for Incarceration in Tennessee

By: Mandy Spears

A companion report looks at historical trends in Tennessee’s incarcerated and corrections populations. Two additional reports will focus on community supervision, prison releases, and recidivism as well as pre-trial incarceration.

Key Takeaways:

  • Funded almost entirely by state revenues, the Tennessee Department of Correction (TDOC) is consistently among the state’s six largest state revenue expenses.

  • Incarceration costs make up over 80% of TDOC spending.

  • Since FY 1995, TDOC spending increased by an average of 4.1% per year — the same as growth in overall state revenue spending.

  • TDOC houses 27% of state prisoners in local jails to manage overcrowding in state facilities, a factor in slowing the growth of the department’s budget.

Nashville, TN: The Sycamore Institute, 2019. 7p.

Incarceration in Tennessee: Who, Where, Why, and How Long?

By: Mandy Spears

This report provides context for discussions about criminal justice reform, using historical data to reveal trends in Tennessee’s incarcerated and corrections populations. It focuses on state prisoners, who fall under the jurisdiction of the Tennessee Department of Correction (TDOC).

A companion report looks at the budgetary aspects of incarceration in Tennessee. Two additional reports will focus on community supervision, prison releases, and recidivism as well as pre-trial incarceration.

Key Takeaways:

  • Tennessee’s state felony incarceration rate grew 68% from FY 1991-2018. Trends in state incarceration and crime rates vary significantly by offense type.

  • State prisoners are disproportionately black, although the proportion of black inmates is falling. White women are the fastest growing segment of state prisoners.

  • The state prisoner population is getting older, which could affect the state budget since older individuals tend to incur more medical expenses.

  • In FY 2018, Tennessee housed 73% of its incarcerated felons in state prisons and 27% in local jails. The majority of state prisoners in local jails are waiting for space in a state facility.

  • Average sentences and time served are getting longer for most offense types, especially drug offenders who make up a growing share of incarcerations.

Nashville, TN: The Syramore Institute, 2019. 11p.

Crowded Jails and Prisons Raise COVID-19 Risks for Every Tennessean

By Bryce Tuggle

State and local leaders have implemented social distancing and “Safer at Home” policies to slow the spread of COVID-19, the disease caused by the new coronavirus. However, Tennessee’s local jails and state prisons may not have the space required to minimize risks of transmission between inmates, staff, and the community. This report explains why many Tennessee jail and prison populations face increased risks from COVID-19 and how that creates additional risks for the general public. Figure 1. 46 of Tennessee’s 116 Active Local Jails Had More Inmates than Beds in February 2020 Occupancy rate is the number of inmates on February 29, 2020 divided by bed capacity. Capacity is measured as the number of beds inspected by the Tennessee Corrections Institute in the most recent quarter. Numbers over 100 indicate that the jail was operating over capacity. Source: Tennessee Department of Correction Monthly Jail Report

KEY TAKEAWAYS

  • The most recent available data show 60% of Tennessee’s local jails and state prisons were near, at, or over capacity at the end of February. Of 116 active jails, 46 had more inmates than beds.

  • The close quarters of jails and prisons operating near, at, or over capacity make it harder to take steps public health experts recommend to slow the spread of COVID-19.

  • Jails and prisons could potentially serve as reservoirs for future COVID-19 outbreaks among the general public due to the heightened infection risks for inmates, staff, and those around them.

  • As TDOC and some county sheriffs take steps to combat COVID-19 in their facilities, state and local leaders may want to consider more ways to protect health while guarding public safety

Nashville: The Sycamore Institute, 2020. 9p.

Turning Local Data into Meaningful Reforms

By Rebecca Tublitz

After four decades of explosive growth in the number of people arrested, jailed, and imprisoned in the United States, a growing consensus about the overreach of mass incarceration and unjust systems of punishment has emerged in the 21st century. Seeking to raise national attention to the problem of overuse and misuse of incarceration in local jail systems and to catalyze innovation and reform at the local level, in 2015, the John D. and Catherine T. MacArthur Foundation (MacArthur Foundation) launched the Safety and Justice Challenge (SJC). In its eighth year, the SJC now supports a diverse network of more than 57 cities, counties, and states across the country in developing and implementing decarceration strategies and represents an ambitious effort to generate transformative change in how localities conceive of and use jail incarceration.

Data, measurement, and evaluation has been pivotal in guiding this initiative—for identifying drivers of the jail population, designing innovative decarceration strategies, monitoring progress, and evaluating and understanding performance. CUNY ISLG plays a leading role in these data collection and analysis activities across the SJC, serving as a central liaison between local jurisdictions, external researchers, technical assistance providers, and the MacArthur Foundation.

This report focuses on the role that local data has played in the SJC initiative and CUNY ISLG’s work to develop and support the SJC model of data-driven reform. The report details:

  • The collection of data and how data were used by many stakeholders across the initiative;

  • The build-out of CUNY ISLG’s data repository;

The development and use of standardized performance measures for reporting site progress towards reducing

  • Jail populations and eliminating racial and ethnic disparities; and

  • Lessons learned from working with cross-agency administrative data to drive reform and evaluate policy change.

New York: CUNY Institute for State & Local Governance —————— Safety and Justice Challenge. 2024. 36p.

The Better Futures Project Briefing 1: Work and Wages in Prison

By: Nacro

This is the first in a series of briefings that will examine the practical steps that can be taken to support people in contact with the criminal justice system to create better futures. The series will include practical and cost-effective steps to help prisons better prepare people for release, and provide them with the skills, training, knowledge and support they’ll need to thrive and create better lives on the outside. This briefing looks at work and wages in prison and the impact those can have on people’s ability to turn their lives around on release. It’s particularly important right now because of the cost of living crisis. We know that, for many, prison wages are all they have to get by on in prison. Wages are used to buy phone credit to keep in touch with friends and family, to buy the basic things they need, and to save for release. We want to propose a better, fairer, system that ensures that everyone can work to support themselves both during their time in prison, and on release. We believe it is a false economy to create what is for many an environment of poverty in prison, as it can lead to bullying and violence, and ultimately means that Government has to spend more on the basics for people in prison and on release as they are unable to provide them for themselves. Our solutions are set out in full below, but we believe that the main things to focus on are: Developing skills and earning qualifications: Making sure that work and education opportunities are available to everyone in prison, focusing on ensuring that people can develop the skills and qualifications that they will need on release. Jobs should be linked to qualifications and skills and based on a comprehensive understanding of the local job market so that training is preparing people for work in industries where there are employment shortages. Improved use of ROTL: It needs to become the norm that all people in prison who are eligible have genuine opportunities to be released during the day to enable them to work in the community and earn a real wage. A real working day: People should be provided with a working pattern that, as far as is possible, mimics the working day on the outside, and prison regimes and staffing profiles should prioritise this. This provides people, who are able to, in prison with the experience of working full time. It would also make setting up workshops etc in prison a more attractive proposition for outside employers who would then see that their investment would be returned in the productivity of their workforce, rather than trying to make contracts work where there is limited productive time in the working day. Fair pay so people can pay for the things they need: Establish a national pay scale for people in prison, reviewing current wages to ensure that people in prison have sufficient funds to buy the things that they need, keep in touch with friends and family and save for release Fair prices so people can pay for the things they need: In addition to establishing a national pay scale for people in prison, we must also ensure that the items that they can buy, and the phone calls that they make, are priced fairly and in line with prices in the community. Saving for release: With a national payscale and increased wages, a portion of prison wages should be saved in a ringfenced Resettlement Fund. Needs-based and administered independently, this fund would be available to people in the run up to release and post-release to support with their transition to the community. It should be flexible to be able to support with things such as a rent deposit or to fund the completion of a qualification started in prison. This fund should be considered when reviewing prison wages to ensure people are able to buy the things they need and contribute to the Fund. Priority for the best jobs in preparation for release: Introduce a system so that towards the end of an individual’s prison term they have priority for the higher paid roles with automatic saving of a portion of that wage in the resettlement fund referred to above. People should have a fair chance of getting the better paid jobs by ensuring they have every opportunity to gain enhanced status. This would help to prepare people for work once released as the higher paid jobs in prison are often the ones with more responsibility and accountability

London: Nacro, 2023. 16p.

Segregation of Men with Mental Health Needs: A Thematic Monitoring Report

By Independent Monitoring Boards (IMBs)

Independent Monitoring Boards (IMBs) monitor and report on the conditions and treatment of those detained in every prison in England and Wales. They have specific powers and responsibilities in order to effectively monitor the conditions and treatment of those in CSUs. Boards are notified when a prisoner is segregated, can speak to prisoners in CSUs in private, are invited to attend segregation review boards (SRBs), and can access and review all records.

This report provides an overview of outcomes for men in closed adult prisons with mental health needs who are being held in CSUs. It is based on:

  • A survey completed by IMBs at over 30 closed adult men’s prisons in England for four weeks during late Autumn 2022

  • A follow-up survey six months later in Spring 2023 was completed by IMBs who had previously identified segregated prisoners waiting for transfers to more appropriate secure settings.

  • Findings from IMBs’ most recent annual reports.

  • Several IMBs’ recent correspondence to ministers, senior HMPPS officials, and healthcare bodies raising serious concerns over the care of prisoners with mental health needs in CSUs.

Key findings

  • In recent years, almost all IMBs monitoring in prisons holding adult men have repeatedly raised concerns over CSUs not being a suitable or appropriate place for prisoners with mental health needs.

  • Prisoners with mental health needs were often held for prolonged and long-term periods in CSUs. IMBs found that this was mostly due to:

    • Men struggling to cope or refusing to reintegrate back onto the residential wings (referred to as ‘normal location’)

    • Lack of capacity in prison healthcare units or prisons with specialist functions

    • Delays in referral, assessment, and transfer to a secure hospital

    • There being no alternative, often because of a lack of diagnosis or men not having met the threshold for admission to a secure hospital.

  • Although most IMBs understood why CSUs were deemed the most appropriate place for these men to be held out of the limited locations available in prisons, there were still widespread concerns that CSUs were the only alternative for those who were acutely unwell and in need of specialist care.

  • For men who were already struggling with their mental health, their well-being and behavior often deteriorated further while being segregated for prolonged periods.

  • Prisoners with mental health needs were often moved between different CSUs, healthcare units, or were returned to wings for short periods which made it harder to track the cumulative time some prisoners spent segregated.

IMBs, 2024. 18p.