Summary

People with cognitive disabilities may exhibit behaviours that make them more likely to become involved in the criminal justice system. These behaviours include: poor impulse control; lack of insight into offending behaviours; lack of self control; lack of knowledge around social rules/norms; and difficulties in learning and communication.

Evidence suggests that an offender with a cognitive disability differs from a non-offender with a disability. These differences include: severe psychological disadvantage; greater risk of homelessness, substance abuse, and having little or no contact with health or human services. There is a trend for such offenders to be young and male.

Current service provision is primarily single focused rather than holistic in nature. For a person with multiple needs it can therefore be fragmented. This can give rise to serious difficulties in addressing the often broad and varying needs of people generally and people with a cognitive disability in particular. People's lives are generally more complex than the single issues focused on by service providers. One risk which can flow from failing to address such needs is increased involvement with the criminal justice system.

Evidence suggests offenders with cognitive disabilities may be over-represented in the criminal justice system, including over-representation in prisons. This is occurring at both a national and international level. Currently, exactly how many people with a cognitive disability are in the Victorian prison system remains unknown.

To respond effectively to the issue of offenders with a cognitive disability in a prison system, the accurate identification of such offenders is vital. This requires a thorough and accurate assessment process upon reception into the prison system. Information obtained from this assessment allows for appropriate rehabilitation and case management methods to be employed. It also allows for prison staff to be aware of the existence of such offenders, and to employ intervention methods appropriate to them. This information would also contribute to having a greater understanding of exactly how many offenders are affected by a cognitive disability.

In order to achieve a successful reintegration process when these offenders return to the community, a range of issues must be addressed. Rehabilitation designed to suit the needs of an offender with a cognitive disability should occur. Research indicates this can decrease the chances of this group re-offending. Case management should occur to respond to the varying needs of the offender through their time in prison.

There should also be Transitional Support programs available to offenders. Such programs should be generic in design, so that the given service model can be applied to multiple offender groups, not just the 'mainstream offenders'. This means services would be able to respond to the needs of offenders with a cognitive disability, as well as female offenders, indigenous offenders, offenders from non-English speaking backgrounds. Such a framework is proposed in this paper, building on existing services and initiatives. These services need to be provided in a prison context where there is a Treatment Community Approach. This needs to occur within a broader corrections policy framework which emphasises the importance of rehabilitation and reintegration into the community. There should also be acknowledgement of the importance of recognising and responding to the needs of various offender groups as part of this framework. This includes offenders with a cognitive disability.

Efforts should be made to ensure that where short-comings in community services contributed to the offender becoming involved in the criminal justice system, such short-comings are not repeated when the offender is released.

Key Recommendations

Recommendation 1 - That the current review of Disability legislation examines eligibility for services. That the review be used as an opportunity to ensure there is a legislative framework that encourages a more holistic and integrated framework in relation to service delivery to people with a cognitive disability.

Recommendation 2 - That the various personnel within the criminal justice system, ranging from police, to the judiciary, to prison workers for example, receive education that informs them of the numerous ways in which a cognitive disability impacts on a person's experience of and involvement in the criminal justice system.

Recommendation 3 - That upon reception to prison, offenders are appropriately and thoroughly assessed and screened in order to clearly establish the presence or lack of a cognitive disability. This assessment can act as an indicator for future interventions. That this information is appropriately recorded into the database maintained in the corrections system.

Recommendation 4 - That staff at correctional facilities are provided with adequate training and support in order to understand and deal appropriately with the needs of offenders with a cognitive disability.

Recommendation 5 - That transitional support services be extended so that they are provided across all forms of release.

Recommendation 6 - That pre-release education is adapted to suit the needs of offenders with a cognitive disability .

Recommendation 7- That there be a policy framework for transitional assistance programs, which ensures these programs are available and accessible to all offenders released from custody.

Recommendation 8 - That a policy is developed to inform case management procedures for offenders with a cognitive disability.

Recommendation 9 - That Bridging Services have a multi-dimensional or holistic focus for service provision, and that they be developed with an awareness that offenders may have a variety of needs to be addressed.

Recommendation 10 - That statutory programs (eg. Parole, community based supervision) are reviewed as to their effectiveness for an offender with a cognitive disability. Appropriate changes, should be made to suit the needs of specific offender groups, such as offenders with a cognitive disability.

Recommendation 11 - That consideration be given to the application of other transitional support services to this group (undertaking statutory programs), such as involvement with a Bridging the Gap service.

Recommendation 12 - That the programs relating to release that are initiatives within the CLTMS (Corrections Long Term Management Strategy) be expanded. This existing framework be developed to target the needs of significant offender sub-groups, including offenders with a cognitive disability.

Recommendation 13 - That further research be undertaken concerning the possible increased use of community based orders for offenders with a cognitive disability.

Recommendation 14 - That further research be undertaken in relation to the use of specialist courts for offenders with a cognitive disability.

Recommendation 15 - That disability specific rehabilitationprograms be developed and linked in with case management and transitional support services.

Recommendation 16 - That the issue of borderline ID is given further consideration. Particularly in reference to eligibility for services, or the way in which this group may be unwilling to be involved in a disability specific service on a voluntary basis.

Recommendation 17 - The issue of offenders with a cognitive disability who are on remand requires further consideration, particularly in terms of service provision.

Recommendation 18 - The issue of dealing effectively with offenders who have received shorter sentences requires further research. There are clear problems for this group in accessing transitional support services.

Recommendation 19 - A detailed examination of what is happening to offenders with a cognitive disability, who identify as being Aboriginal or Torres Strait Islander, is urgently required.