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THE INTERNATIONAL CENTRE FOR

CRIMINAL LAW REFORM

AND CRIMINAL JUSTICE POLICY

Second International Symposium

on fv ie:Qzt 3 15'11 V19tt. SECOND INTERNATIONAL SYMPOSIUM ON THE FUTURE OF CORRECTIONS

Copyright of this document does not belong to thi Crown. Proper authorization must be obtained from the a thor for * * * * * any intended use

Les droits d'auteur du présent document n'appart rinent pas à l'État. Toute utilisation du contenu du prése Organized by document doit être approuvée préalablement par auteur,

The International Centre for Criminal Law Reform and Criminal Justice Policy

in co-operation with and with the financial support of

The Correctional Service of Canada

hosted by with the financial assistance of THE PRISON SERVICE THE NATIONAL PRISON AND MINISTRY OF JUSTICE POLAND PROBATION ADMINISTRATION OF SWEDEN

at Popowo, Poland LIBRARY October 4-8, 1993 SCLICLTOR etWERAL CANADA

Ae44AAYI 31 1995 REPORT RaLIOTHkkk SOLLICITEUR GENERAL CANADA OTTAWA (CIVARIOt

oP8 The International Centre for Criminal Law Reform and Criminal Justice Policy at The University of British Columbia 1822 East Mall Vancouver, B.C., Canada, V6T 1Z1 Tel: (604) 822-9875 Fax: (604) 822-9317 THIS REPORT IS AVAILABLE ELECTRONICALLY

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For further infomation about the Centre's Corrections program or other programs in international criminal law reform and criminal justice policy, please contact:

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Copyright ° 1994, by The International Centre for Criminal Law Reform and Criminal Justice Policy Permission is given by the International Centre to reproduce this report as long as this credit is included. TABLE OF CONTENTS

INTRODUCTION 1 OVERVIEW 3 TOWARDS EXCELLENCE IN CORRECTIONS - The Strategic Framework 8 THE ROLE AND VALUES OF CORRECTIONS 10 JUSTICE AS THE CORE VALUE 11 CONCLUSION 17 OPENING SESSION 18 THE ROLE OF CORRECTIONS 18 "Towards Excellence in Corrections "—a Plan we Share A DIGEST OF PAPERS PRESENTED AND SUBMITTED 21 JUSTICE AS THE CORE VALUE 21 Value 1: As a component of the criminal justice system, we believe that we must abide by principles of justice as expressed in our belief in: Human Rights: Does Corrections have a Future? Human Rights in Polish Prisons UN Standards and the Need for a Strategic Framework The Protection of Human Rights and the Hungarian Prison Administration Current Initiatives in Russian Prison Administration The Experience and Perspectives of Canada 's Indigenous Peoples The Transformation of the Polish Prison System THE TREATMENT OF OFFENDERS 27 Value 2: Fundamental to an effective corrections and justice system is a firm commitment to the belief that offenders are responsible for their own behaviour and have the potential to live as law-abiding citizens. What Works in Correctional Programming Religious, Spiritual and Cultural Programs A Special Program for Drug Abusers Value 3: We believe that the majority of offenders can be dealt with safely by effective community correctional programs and that imprisonment should be used with restraint. 31 Just and Reasonable Punishment Normalization of Prison Regimes Normalization in Prison Operations and Design Value 4: We believe that decisions about offenders, in the interest of public protection, must be based on informed risk assessment and risk management. 33 Risk Assessment and Management A COOPERATIVE APPROACH TO CRIMINAL JUSTICE 34 Value 5: We believe that effective corrections is dependent on working closely and in cooperation with our criminal justice partners and with society as a whole in order to contribute to a more just, humane and safe society. Private Sector Involvement in the Prison Service of England and Wales The Development of Private Sector Contracting for the Management of New Zealand Prisons Correctional Partnerships at the Federal Level in the United States

CORRECTIONAL PERSONNEL 37 Value 6: We believe that staff are our most important resource and are essential to an effective correctional system. Corrections as a Profession Training and Management in Correctional Systems Recruitment, Selection and Training in Denmark COMMUNITY RELATIONS 39 Value 7: We believe the public has a right to lcnow what we do and an obligation to participate in the criminal justice system. Who are the Customers of Corrections? Public Participation Putting a face on corrections The Media THE FUTURE 43 Value 8: It is our conviction that the degree to which we are capable of adopting a , future-oriented approach and responding to change will determine the excellence of corrections. Quality Service and AccountabilityMechanisms in U.S. Federal Corrections Excellence in Corrections: Practice Standards Crime Prevention DIGEST OF THE NATIONAL REPORTS 46 ALBANIA 46 BELARUS 47 BULGARIA 47 CZECH REPUBLIC 49 ESTONIA 49 HUNGARY 50 LAT VIA 50 MOLVIA 51 POLAND 52 RUSSIAN FEDERATION 52 UKRAINE 53 CONCLUSION 54 APPENDICES Appendix A: Recommendations for Changes to the Strategic Framework Appendix B: List of Symposium Participants SECOND INTERNATIONAL SYMPOSIUM ON THE FUTURE OF CORRECTIONS

Popowo, Poland, 4-8 October 1993

INTRODUCTION

The Second International Symposium on the Future of Corrections was held at the Popowo Conference Centre near Warsaw, Poland 4-8 October 1993. Participants included corrections practitioners, representatives from non-governmental organizations and academics drawn from 29 nations. Half the delegates were from Central and Eastern Europe, the others came from Western Europe, Canada, the United States, Costa Rica, South Africa, and Australia.

The symposium was organized by the International Centre for Criminal Law Reform and Criminal Justice Policy, which is associated with the United Nations Crime Prevention and Criminal Justice Programme, and the Prison Service of Poland. It was sponsored by the Correctional Service of Canada, and co-chaired by John Edwards, Commissioner of Corrections for Canada, and Pawel Moczydlowslci, Director General, Ministry of Justice of Poland. Financial assistance was also provided by the National Prison and Probation Administration of Sweden.

This second symposium followed from an earlier one in Ottawa, Canada in June 1991 by the Society for the Reform of Criminal Law and the Correctional Service of Canada. At the first symposium, a broad range of issues was discussed, and consensus reached on a number of them. It was agreed that an editorial committee would be convened by the Correctional Service of Canada to draft a "strategic framework document" that would serve as a guide for corrections practitioners in various countries the future. It was further agreed to hold a subsequent meeting in two years to test its applicability to the circumstances to other jurisdictions not represented at the first symposium.

That strategic framework document, which was originally titled "Towards Excellence in Corrections, (and is reproduced below, pp. 8-16), " sets out a mission for corrections generally and outlines a number of fundamental values and principles that should inform any programs undertaken to realize that mission. The strategic framework is not only intended to guide the development of corrections policy in individual jurisdictions but also to provide a basis for technical cooperation among jurisdictions. One of the advantages of the strategic framework is that it is expressed in the form of values and principles, and thus addresses attitudes and approaches (as opposed to programs and hardware). Accordingly, initial steps towards its implementation can often be taken without great expense. 2

The strategic framework incorporates and advances a number of principles that are congruent with themes that have been articulated at recent UN Congresses on the Prevention of Crime and the Treatment of Offenders and by the Commission on Crime Prevention and Criminal Justice. In particular, the document places strong emphasis on the just treatment of prisoners and the increased use of non-custodial measures. Each of these conce rns have featured in a series of recommendations of UN Congresses. The values articulated in the framework also stress that the return of offenders to the community as law-abiding citizens upon release is an essential component of crime prevention. The development of risk assessment tools, the matching of offenders to treatment programs that address their needs, and the emphasis on graduated, safe, community programs and supervision, all contribute to this aim.

The strategic framework also accords with the U.N. Crime Prevention and Criminal Justice Commission's priorities to improve the effectiveness of the administration of criminal justice. The values stress the importance of fonning partnerships, developing a professional staff, encouraging public participation, and being responsive to change, all of which are critical to malcing corrections more effective.

The program of the second symposium was based on the themes set out in the strategic framework document. Its purpose was to consider the framework in light of: 1) its applicability to a variety of national situations; 2) practical applications of the values and principles; 3) the need for modifications or additions; 4) its further use, and in particular, its usefulness as a basis for technical cooperation between nations, and 5) the best mechanisms for its adoption. A number of papers were prepared prior to the symposium that addressed the specific values found in the framework document. These were presented in the plenary sessions. As well, prison administrators in the newly developing democracies of post- communist Eastern Europe made presentations on the realities facing them. The purpose of these national reports was to give conference participants a sense of the achievements and problems encountered in converting the penal systems of Eastern and Central Europe to a new legal order.

It was decided during the first day's proceedings to add daily workshops to the agenda of the symposium. The delegates were divided into four workshop groups to stimulate dialogue and information sharing. The workshops were asked to consider the proceedings of the plenary sessions in light of the strategic framework, and make recommendations concerning the values and principles expressed therein. The Chairs of the four workshops were: Jerzy Jasinski (Poland), Vladimir Lyovochkin (Ukraine), Otakar Michl, (Czech Republic), and Leonid Shirayev (Russian Federation). A summary of the recommendations for changes in the strategic framework by each of the workshop groups is included as an appendix. The rapporteurs for the symposium were Allison MacPhail, Maureen Maloney and Roy Walmsley. Simultaneous translation in the plenary sessions was provided in English, Polish, and Russian, and there was sequential translation in English and Russian in the workshops.

The following section provides an overview of the main themes that emerged during the symposium. 3

OVERVIEW

The symposium faced a challenge from the outset. With a large number of delegates from Central and Eastern Europe, and an equally large number from Western Europe and North America, it could easily become divided between two large blocs with different circumstances and different aims. The challenge was to malce it a meeting place for ideas; an open forum for exploring similarities and differences and determining common interests and values. The addition of the workshops along with an imaginative program of social events helped to bridge the cultural differences and contribute to the achievement of an open forum. The discussions in the workshops carried over into the plenary sessions, over meals, and in informal gatherings throughout the symposium.

Despite different histories, there were surprising similarities in philosophies among the delegates even though there were considerable differences among them not the least of which was the fact that in several Eastern European countries the complexities of running a prison system were further compounded by serious economic difficulties. Despite the differences in culture and economic circumstances, a number of common themes emerged:

1. Equality of Justice

There was a general worry that justice in the criminal justice system is seriously deficient. It was apparent that minorities with distinct cultures and low economic status were dramatically over-represented in prisons, the world over. A number of examples were given: In the U.S. 50% of inmates are members of minority groups. In Washington D.C., 42% of black males between the ages of 16 and 35 are incarcerated or under some other form of restriction, such as parole. Aboriginals represent only 1% of the population in Australia, but constitute 14% of inmates.

In New Zealand, Maoris make up 15% of the population; 50% of inmates. Migrant workers from Turkey are seriously over-represented in Belgian prisons. In the Czech Republic Gypsies represent 8% of population, but 40% of inmates. While Aboriginals represent 4% of the Canada's population they make up 12% of the federal inmates. A major study of 7,000 sentences, imposed by Michigan courts, found little relationship between the length of sentences and the factors that courts are expected to weigh (prior criminal record, viciousness with which the crime was carried out, etc.) but found strong relationships in respect to age, race (of offender and victims), and gender.

2. The Limitations of Imprisonment

There was profound doubt about the value of incarceration and a considerable willingness to look for alternatives. It was widely agreed that the limitations of imprisonment are not well understood by the general public. From the first day, speaker after speaker stated that it was time that corrections practitioners entered into serious discussion with other policy makers in 4 the criminal justice system and with members of the wider society about the purposes and realities of incarceration. There was widespread agreement that alternative sanctions are needed to deal with non-violent offenders. Equally, there was skepticism about the rehabilitative benefit of more than two to three years in prison (though sentences of up to life may be necessary for the protection of society).

Alternative models such as sentencing circles and restorative justice were presented. Sentencing circles, emphasizing a healing process between the victim, the offender, and the community have shown promising results when used on a small scale in Aboriginal communities in Canada. A restorative justice approach as the basis for victim-offender reconciliation programs is having beneficial results in several countries.

3. Rising Prison Populations

While some short-term reductions have taken place in certain East European countries, the trend in the numbers incarcerated in many parts of the world is upwards. For instance, The U.S. prison population has quadrupled over the past 20 years. Russia's rate of incarceration: 325 per 100,000, is a little lower than the U.S. The numbers in Belarus have doubled in the past five years. The Czech inmate population is rising by 200 a month. Scotland has seen a 22% increase over the last two years. Even the Netherlands, which has had the lowest rate per 100,000 among Western countries, has seen a significant increase in that rate since the early 1980's. Since funding has not increased propo rtionately, adjustments are difficult. Florida now has a law capping the total number of people incarcerated so that prison authorities must release one for every new one arriving.

Overcrowding is widespread. The prison at St. Petersburg was built in the last century for 1,000 inmates: There are now have over 6,000 imprisoned there. Many speakers referred to the tendency of some politicians to espouse "get tough on offenders" crime control policies, which, although popular, have ultimately negative consequences for society. Such approaches generally result in increased use of incarceration, but do not reduce crime rates.

4. Normalization

A strong commitment to the humanization and normalization of prisons was expressed. Participants subscribed to the notion that the only punishment of incarceration should be in the deprivation of freedom—a terrible penalty, given that most people put freedom as the highest value in life, and many have put it above life itself. Conditions inside a prison should otherwise be as similar as possible to conditions outside, in order to minimize the debilitating and crime-producing effects of incarceration. 5

It is remarkable how rapidly Eastern Europe is abandoning the para-military, coercive traditions associated with corrections. Of course, many of the current political and administrative leaders of these countries have had, not so long ago, first-hand experience of incarceration or have had friends and colleagues who did. Reform has also been pushed forward by inmates who expected changes for the better when centrally planned regimes fell. When these were slow to occur, devastating prison riots exploded in many prison systems. Most countries have largely removed firearms from inside prison perimeters. In some countries, police are called in on those rare occasions when more force is necessary than the use of batons. Some prisons permit inmates to have keys to their rooms; many allow them to wear their own clothes.

Finland and other Scandinavian countries have favoured small prisons in the belief that prisons of 60-300 are more effective in creating a less anti-social environnent. It was widely agreed that the preferred prison layout is one of small, largely self-managed, freestanding units. Evidence was presented that such prisons do not have to be more costly to build and operate. Where larger prisons exist, unit management approaches using generalist correctional officers with responsibility for both programs and security are favoured. This approach has a humanizing effect, promotes communications between staff members and prisoners, and improves security.

In some places, self-management by inmates is used to good effect. The most dramatic example is a facility in Brazil run by Prison Fellowship International on Christian principles. There are several hundred inmates in this institution, but only two full-time staff members. Each prisoner is given responsibility for another inmate and each is also linked to some family outside the prison. It is claimed that recidivism is 4%, compared to 75% in the rest of the country.

The U.K. recently conducted a survey of inmates, and Scotland surveyed inmates and staff members. Both are planing a follow-up study in the near future. This is not to create a wish- list for inmates, but to get the inmates' perspective on how the prison is functioning. Such information, if acted upon, can go a long way towards creating a more humanizing environment.

Human rights for prisoners have improved in some quarters. Several countries (e.g., France, Sweden) have produced statements of inmates' rights. Poland is following suit. Extensive reforms have taken place in many of the Eastern European countries, in some cases instituting reforms that are as progressive as any in the world. For example, new legislation in Hungary and Poland has established pension and voting rights for inmates. Many countries now have an ombudsman for prisoners, and Non-Governmental Organizations are widely engaged in the monitoring of prison conditions. 6

5. Improved Programs

More effective programs are needed, particularly programs for special needs. A professor from the University of British Columbia gave the conference an insight into the Aboriginal culture and its relationship with the Canadian criminal justice system. He described an innovative program that allows Indigenous prisoners to be in contact with cultural traditions, including the use of the Circle as a culturally-relevant basis for prison programs. A Norwegian program, first introduced in 1983, involves offenders with histories of drug abuse in a program of hard physical exercise over many weeks, both in prison and in the mountains. The results have been very encouraging. The participants experience a dramatic improvement in their physical condition, and they have better relations with staff members. Drug abuse drops sharply and most are moved to institutions classified at a lower level of security. A Polish substance abuse program was described and highlighted in a tour of the Central Prison in Warsaw. There were many other examples of programs that were mentioned.

6. Staff professionalism

Much was said about the importance of effective recruitment, training and development of staff members. As one delegate put it: the quality of a prison system is determined by how well staff members are recruited and trained. Delegates from several Eastern European countries noted how many of the their former prison officers had to be released because they were not suited to the kind of humane prisons they are trying to create. Generally, these were staff who demonstrated a dislike for inmates. In Poland, 45% of the staff were replaced. The number of security staff in Albania was reduced to allow for the recruitment of psychologists, sociologists, and chaplains. In Bulgaria, a correctional institute has been set up to oversee recruitment and accreditation They found that 10% of the staff were not capable of becoming accredited, and 30% were in need of training.

The amount of training given to staff members varies. A survey of U.S. states showed that the total classroom and on-the-job training for new recruits varied from 4 to 24 weeks. Most states had between 4-9 weeks of classroom training. Sweden has an initial two-year training program for new staff and then one week a year thereafter. Denmark, with one of the best prison administrations in the world, has a three-year probation period and recruits on a variety of factors, including the humanness of outlook and an aptitude for learning—the latter being in recognition that correctional staff must see themselves as professionals, capable of keeping abreast of new developments in their field. Professionalism was seen as assuming an obligation to find out what works, applying sound principles of risk management, and taking responsibility for exploring new approaches. 7

7. Public Participation

There is a need to better educate the public about prisons and involve the community in prison programs. It was stated by many presenters, and widely agreed that the public generally has limited knowledge about prisons. This has very serious consequences for those who work in the field. Myths and stories characterize most of the information the public gets about corrections. There is a steady diet of sensational stories about crime. And yet, a study has shown that only about half of the prison systems in Council of Europe member countries have an active public information mechanism. At the very least this opens the door to manipulation of the people by politicians and interest groups. At worst it can lead to serious cu rtailments of freedom, which are incompatible with democracy. Participants agreed that the education and involvement of the public is essential.

These themes amplify and support the values articulated in the strategic framework. In order to place the reader on an even footing with the symposium participants, the complete framework, in the version that was distributed prior to the sypmposium, is reproduced in the next section 8

"TOWARDS EXCELLENCE IN CORRECTIONS"

- The Strategic Framework

"The need for a strategic approach to corrections was supported at the International Symposium on the Future of Corrections, held in Ottawa, Canada, June 10-14, 1991. It was agreed to prepare a document which would help any correctional organization to define their role within the criminal justice system. This involves:

explaining what corrections is; defining what we mean by excellence in corrections; explaining what corrections can realistically achieve; and expressing the values which are vital to corrections in a democratic society.

This framework document is not a set of precise, specific standards but a broad vision that will serve to guide further developments. It is a document intended to inspire improvement in our performance, not just change. This strategic framework is intended to serve as a starting point for consideration and discussion. How the document is used must be determined by each system in search of a better future. It will be a constant reminder of the opportunities for improvement and can serve as an impetus for action. Commitment to the values and principles contained herein will allow us to achieve significant progress and strive for excellence in the field of corrections.

The framework is intended to contribute to:

- a greater emphasis on "crime prevention" with a clearer understanding and appreciation by the public, politicians, and the criminal justice system of the role of corrections and those who work within the correctional process, in society's effort to achieve domestic peace and justice;

systemic improvements to corrections and criminal justice policies and legislation through greater understanding of and amongst the various components of the system in establishing a consistent approach to offenders based upon shared values and principles;

a stronger emphasis on community corrections and alternatives to imprisonment helps ensure the appropriate use of imprisonment and more effective programs to reduce risk and to facilitate re-integration;

improved risk assessment tools and more effective risk management strategies at all levels of the criminal justice system through ongoing research and sharing of information nationally and internationally;

increased staff professionalism; and 9

greater understanding and commitment to the responsibilities of all of us in contributing to an effective corrections system: - society provides the mandate, resources, awareness and support; - corrections provides programs, expertise and effective, committed personnel; - the offender must choose to use the programs to become a law-abiding citizen.

Corrections faces a number of challenges which are unlikely to change in the short term.

Approaches to crime prevention and maintenance of a safe, peaceful and just society seem to focus, all too often, on more punitive sanctions, relying increasingly on incarceration as a prominent response to crime control, rather than developing meaningful sanctions which can be applied in the community. The severe crowding seen in some jurisdictions has led to corrections systems that are stripped of their ability to treat offenders in a humane manner.

Approaches to dealing with offenders are fragmented, even within the criminal justice system itself.

There are unrealistic expectations that corrections alone can solve the crime problem. Public confidence in the criminal justice system is limited and fragile and there is a general intolerance of any failure in the system. Adding to the problem is a lack of interest and understanding about corrections and what works or even a feeling that "nothing works", leading to a reticence to support alternative sanctions and the judicious use of imprisonment.

A continued denial of societal and community responsibility for crime prevention and control leads to expectations that corrections alone must be able to address the needs of offenders, needs which have remained unaddressed for many years in most cases. During a period of incarceration or the serving of a community sanction, corrections is expected to redress long- standing inadequacies of education, housing, social welfare and discrimination.

These expectations are exacerbated by public perceptions of continually increasing violent crime; perceptions which are, in some countries, based on misperceptions. Nevertheless, fear of crime is a reality that must be addressed if corrections is to gain credibility and public support.

There is a clear need for better public education about the correctional profession. The public needs to recognize the legitimate roles played by the community, by the criminal justice system, and by corrections itself in striving to achieve a safer and more peaceful society.

Costly incarceration demands resources that can be more efficiently used to deliver the social programs which contribute directly to crime prevention. In some jurisdictions, the cost of constructing and maintaining prisons threaten basic programs of employment, education, economic development, health, housing and income maintenance designed to prevent the development of delinquents and criminals. While corrections is concerned with crime prevention, it is secondary to those broad social programs that contribute to the initial or primary crime prevention. 10

At the same time, there is a growing demand for all public services to become more effective and efficient, to be more open to public scrutiny, to give better quality service to the public and, generally, to be more accountable.

THE ROLE AND VALUES OF CORRECTIONS

The goal of any society is to have a high quality of life based on fundamental values.

The criminal justice system contributes to the maintenance of a just, peaceful and safe society, through the use of appropriate and reasonable sanctions.

As part of the criminal justice system, corrections contributes to the protection of society by actively encouraging offenders to take advantage of opportunities which will assist them in becoming law-abiding citizens, while exercising only the degree of control necessaiy.

Discussion

All people have the right to live in a just, peaceful and safe society. In any society's pursuit of justice, we recognize that there will always be crime and the need for a criminal justice system. The definition of an acceptable level of crime within any society is a function of the values and culture of that society. Societal values also determine the nature of the response to crime.

There is clear evidence that the increased use of imprisonment and punishment has little impact on the level of crime and therefore does little to contribute to the long term protection of society. Society must recognize that corrections has limited potential for the control of crime. Sanctions come into play far too late and leave the sources of the problem untouched. The majority of offenders can be safely managed in the community where appropriate sanctions can be imposed and effective programs provided; programs that require offenders to demonstrate responsibility; repair the harm done to the community; and comply with stipulated expectations. One of the greatest challenges to society is to develop more effective and credible community sanctions. Imprisonment is the ultimate sanction in most societies and yet it is probably the least promising, productive or effective. Thus it should be used with restraint. Nevertheless, there will, for the foreseeable future, be a need for prisons to deal with the relatively small group of serious offenders who pose a significant risk to society.

A term of imprisonment is appropriate for those offenders who pose an unmanageable risk to the public or where the nature of the offence would, from society's point of view, require imprisonment. 11

Where imprisonment is necessary, we have an obligation to provide for the safe, secure and humane custody of offenders, while exercising only the degree of control necessary. The long term protection of society is best achieved by the earliest possible, safe release of offenders to serve the balance of their sentence in the community, under appropriate supervision and control. Recognizing that the vast majority of offenders will return to the community, the prison regime should strive to facilitate their safe retu rn to the community by creating, to the extent possible within a prison, an environment reflective of the conununity-at-large and providing for a range of programs and activities which motivate offenders to address the factors that led to their criminal behaviour and to maintain family and community ties.

JUSTICE AS THE CORE VALUE

• Value 1 As a component of the criminal justice system, we believe that we must abide by principles of justice as expressed in our belief in:

- the inherent human rights of all people

- fairness and equality under and before the law - the dignity and worth of individuals - managing with honesty, openness and integrity

Using justice as the core value sets the framework for the values and principles established in our approach to offenders, staff, the use of sanctions, decision making, partnerships, our relationship with the public and our desire for excellence.

Value 2 Fundamental to an effective corrections and justice system is a firm commitment to the belief that offenders are responsible for their own behaviour and have the potential to live as law-abiding citizens.

Principles:

Offenders must be seen as individuals.

We must focus on the specific circumstances, individual needs and risk posed by the offender and concentrate our efforts on addressing those needs while responsibly managing the risk posed. 12

Offenders must be informed, active participants in decisions affecting them and must be provided the opportunity for redress.

Positive and effective stafUoffender interaction, based on mutual respect, is the cornerstone on which the future of corrections rests.

Opportunities must be provided and offenders must be actively encouraged to participate in appropriate programs that will address the risk they present and/or facilitate reintegration.

Our programs will be based on a sound framework of research and evaluation and innovation will be encouraged through the use of pilot or demonstration projects to determine more effective approaches to programming.

Conditions imposed on offenders must be appropriate to risk and need; facilitate positive change; and be clearly stated and understood by all involved.

It is our fundamental aim to encourage each offender to gain more freedom through responsible behaviour over time.

We will accommodate the religious, spiritual and cultural needs of individuals and minority groups, provided the rights of some other group are not impinged upon in the process and that reasonable requirements of safety, security and good order are met.

Value 3 We believe that the majority of offenders can be dealt with safely by effective community correctional programs and that imprisonment should be used with restraint

Principles:

Imprisonment should be reserved for those not otherwise suitably punished, those who pose a serious danger to the community and those who wilfully refuse to comply with non-prison sanctions.

Offenders are sent to prison as punishment, not for punislunent and therefore prison environments must be safe and humane and as close as possible to conditions in the community.

Dynamic security based upon active and consistent interaction between staff members and offenders fosters a non-repressive, non-adversarial climate in which overall security for all is enhanced. Inmates are expected to act responsibily, will be held accountable for their behaviour, and are expected to build positive relationships with staff members. 13

Static security, with its various physical means of containment, complements and reinforces dynamic security. Force is used only when necessary and then only to the degree required to preserve life, prevent injuries and restore order.

The interests of society are best served by the successful reintegration of offenders as early and safely as possible.

A graduated release program is a means of testing an offender's suitability for release to the community.

Credible community programs, directed towards maintaining the offender in the community, consistent with the need to protect the public, are a cost effective approach to dealing with offenders and should be our primary focus.

For offenders sentenced to a term of imprisonment, we will help them to maintain and develop family and community ties as an essential part of the process of preparing for their return to society.

We will strive to achieve continuity in programming so that offenders who are ready for release are able to continue to address their needs in the community. Community programs focused on developing and maintaining support systems, gainful employment and social services significantly improve the offender's potential to become a law- abiding citizen.

Within a fair and rational sentencing process, a broad range of credible, safe and effective sanctions must be available and we will continually seek to evaluate their effectiveness and provide empirical evidence of their value to those responsible for sentencing.

Value 4 We believe that decisions about offenders, in the interest of public protection, must be based on informed risk assessment and risk management.

Principles:

Given the nature of corrections, risk will never be totally eliminated.

Assessment of the risk an offender poses should be used as the basis for most decisions within the criminal justice system.

Informed, comprehensive risk assessment must be based on high quality information gathered and shared among the components of the criminal justice system. 14

Risk assessment tools must be based on a sound empirical basis of research, evaluation and testing.

We must continually strive to improve our ability to assess risk and to match offenders with the programs that will reduce the risk they pose.

Our risk management strategies must be based on the specific needs of the offender and a variety of interventions must be available to address the risk posed on an individual basis.

The offender must be consistently monitored to determine whether there is a change in the level of risk posed, requiring action to be taken to reduce the risk or allowing for a lessening of control.

Value 5 We believe that effective corrections is dependent on working closely and in cooperation with our criminal justice partners and with society as a whole in order to contribute to a more just, humane and safe society.

Principles:

We will strive to establish and maintain positive and constructive partnerships locally, nationally and internationally with individuals and groups who have an interest or role to play in criminal justice.

Our cooperative efforts will be based on shared interests, clear understanding of expectations, and open communications.

We recognize and will support to the fullest extent possible the valuable contribution that community agencies and services make in supporting offenders in the community.

We will contribute to the broader goals of the criminal justice system by sharing knowledge of our operations and challenges with our partners and be receptive and responsive to information provided by them.

We will strive to identify and promote improvements to criminal justice and social policies that will lead to a more just, peaceful and safe society.

We will strive to be externally focused and seek opportunities in the community to more effectively achieve our objectives.

We will, in cooperation with other agencies, be sensitive and, to the degree possible, responsive to the needs of victims. 15

Value 6 We believe that staff are our most important resource and are essential to an effective correctional system.

Principles:

To meet existing and emerging challenges we will recruit people that reflect the diversity within our society but share the overall values of our correctional system.

We will recognize the professionalism of all correctional workers by actively involving them in achieving our goals and seeking their views with respect to our policies, plans and priorities.

We will establish, with our staff, expectations and goals and provide employees with opportunities for personal growth and development to allow them to achieve their potential.

Staff have the right to clearly understand their role and responsibilities in achieving our objectives and we have a responsibility to ensure they are provided with the necessary information.

We believe that staff have a lot to contribute and we will encourage employee initiative, creativity and reliance on self-direction and support personal responsibility for continued learning and career development.

We will provide staff with the information, training and supervision required to do their jobs in the most effective way.

Our relationships with and among staff and staff organizations will be characterized by effective communication, mutual respect and a recognition that we are all striving for a common objective.

Value 7 We believe the public has a right to know what we do and an obligation to participate in the criminal justice system.

Principles:

Recognizing the role of an informed public in changing public policy, we will promote public awareness, understanding, support and participation in our programs and activities. 16

In our communications, we will foster greater public interest in corrections and a better appreciation of the challenges we face to create more realistic expectations and understanding of what corrections can and cannot do.

In keeping with the principle that the public is a responsible participant in the correctional process, we will endeavour to be open and accessible to public scrutiny, responsive to public criticism and continuously seek improvement.

We will establish rational performance indicators based on solid empirical data to clearly communicate the essence of our work.

We will be sensitive and responsive to public attitudes and concerns.

Recognizing the important role of the media in informing the public, we will be positive and proactive in our relations with them in a spirit of openness and accountability (to the extent permitted by law), while acknowledging that the media cannot be held solely responsible for public perceptions.

We believe that volunteers can make a valuable contribution to effective corrections and will encourage and support their active participation.

Value 8 /t is our conviction that the degree to which we are capable of adopting a future-oriented approach and responding to change will determine the excellence of corrections.

Principles:

We will strive for excellence in corrections by:

learning from experience keeping abreast of trends, developments and emerging issues sharing information nationally and internationally maintaining a strong research and development focus maximizing the use of the resources available to us benefiting from the knowledge and experience of others establishing effective accountability mechanisms communicating well within and outside the organization being open and responsive constantly seeking ways to improve providing the best possible service in a professional manner 17

We will focus on achieving results, continually monitor our performance, and set our objectives with a goal of developing and improving the quality of service we offer to the society we serve.

CONCLUSION

The most effective approach to the protection of society is a concerted effort at crime prevention and addressing those circumstances which contribute to crime. While corrections alone cannot be held responsible for crime prevention, there is a valid role for corrections to play in contributing to a safe society."

The strategic framework provided the themes for the plenary sessions of the symposium, and was exatnined in detail by participants in working group meetings (see appendix). The next two sections are organized according to the main themes of the strategic framework. 18

OPENING SESSION

THE ROLE OF CORRECTIONS

The goal of any society is to have a high quality of hfe based on fundamental values.

The criminal justice system contributes to the maintenance of a just, peaceful and safe society, through the use of appropriate and reasonable sanction&

As part of the criminal justice system, corrections contributes to the protection of society by actively encouraging offenders to take advantage of opportunities which will assist them in becoming law-abiding citizens, while exercising only the degree of control necessary.

The Honorable Lech Falandysz, Secretary of State in Chancery of the President of the Republic of Poland welcomed the delegates to the symposium. In his opening remarks, he drew attention to what he described as three myths associated with corrections: 1) The myth of the effectiveness or omnipotence of the criminal law: The effectiveness of the criminal law is overstated. Under the communist system everything thought to be dangerous was dealt with through the criminal law including matters such as improving the quality of production and discipline in the workplace. This is a dangerous trend. The criminal law should be the last resort—the ultima ratio. Likewise, within the criminal justice system, imprisonment should be the last resort. 2) The myth of resocialization: It is false to think of prison as a place where the inmates can improve themselves and be returned to society better than when they went in. If people are cut off from society they are not resocialized but desocialized. 3) The myth of abolitionism: It is unimaginable that prisons could be eliminated. Perhaps sometime in the long distant future it may be possible, but from today's perspective it appears very doubtful.

Mr. Falandysz said that in 30 years as an academic lecturer he found it very difficult to understand the practical aspects of corrections. He noted that some politicians use the criminal law as a tool for their own objectives. These politicians then produce myths in order to justify their abuse of the criminal law. He told the meeting: "You must show that other things are more important than these myths."

John Edwards, Commissioner, Correctional Service of Canada, and one of the conference co- chairs stated that although the delegates to the symposium worked within very different political, socio-economic, and cultural contexts, they all shared a common responsibility and challenge. For all jurisdictions, the vast majority of offenders will one day return to society. The challenge of corrections is to ensure that their return is as safe as possible for the 19 community. The primary objective of this second symposium is to consider the strategic framework document as a statement of what constitutes "good corrections," and a guide to future advancement and improvement. He said that if there was consensus on the framework document, it could become a tool to influence the future of corrections.

Pawel Moczydlowski, Director General of the Polish Prison Service, and the other conference co-chair, told the delegates that the symposium was "doomed to succeed." He described prisons as an archipelago. People land on these islands that people land on and stay. This is true for staff as well as prisoners. The profession is marked by isolation and alienation. Because of this a forum for discussion must be a good thing. That is why the symposium is doomed to succeed.

Vincent Del Buono, as President of the International Centre, said that The UN Crime Prevention and Criminal Justice Program had followed the present initiative on the "Future of Corrections" with great interest and very much looked forward to receiving the final report of this symposium. He said that this report would be tabled at the next meeting of the intergovernmental United Nations Commission on Crime Prevention and Criminal Justice in Vienna in April 1994. He noted that•Poland is one of the members of that Commission. He stated that the agreement to develop a strategic framework for corrections that could serve as a guide for shaping corrections policy into the next century was an important outcome of the first symposium. The present symposium is a forum to test that framework and validate it against the national experience of the 29 countries present.

With reference to corrections he said that no other part of the criminal justice system requires itself to not only produce the marked changes in human behaviour but also to justify in an intellectually coherent manner why these changes occurred or failed to occur. Both must be the tests for evaluating the success of the strategic framework document. It is because corrections must respond to the immediate daily human imperatives as well as theoretical imperatives that corrections is often in a state of ferment leading to agitation for reform. It is no coincidence that the present UN Program in Crime Prevention and Criminal Justice traces its origins to a meeting not dissimilar to this more that one hundred years ago which produced, in time, the International Penitentiary and Penal Commission.

The symposium is an important meeting as all are facing situations in which, for a variety of economic, social and political reasons, public anxiety about crime is growing while public confidence in the criminal justice system is plummeting. Since the Ottawa symposium, the gulf between public expectations and public confidence has widened rather than narrowed. This is true of almost every jurisdiction. The public which has continuing anxieties about the economy wants crime dealt with harshly and quickly through a dramatic increase in the use of incarceration, especially in those instances where violence is involved. Yet governments simply will not or can not find any additional resources to pay for the added costs of such incarceration. 20

Senator Zbigniew Romaszewslci of the Polish Senate said that experience has taught him that excessive faith is placed in the criminal law. There is a tendency to shift the burden of responsibility towards the prison system. It has been suggested that the humanization of the prison system in Poland has led to an increase in crime. In reality, the problem of crime is due to the ineffectiveness of the criminal justice system—the prosecution system and the courts. There have been many cases of corruption by the authorities and economic scandals. Consequently there must be improvement, not just of the prison system, but of the whole criminal justice system.

There is a danger that imprisonment could become the only means of punishment. While various types of penalty exist, there is often no means of imposing sentences other than imprisonment. We should not, therefore, restrict ourselves just to discussing prisons and whether they should be harsher or more humanized. We must change the dynamics of the criminal justice system and broaden the range of penalties that can be imposed. Community sanctions must be developed. There is a lot to be done in this respect. It is not just a question of handing down a sentence. Consideration must be given to how a sentence is to be implemented and what it entails.

"Towards Excellence in Corrections" John Edwards/Pawel Moczydlowski —a Plan we Share? Commissioner/Director General Correctional Service of Canada/Ministry of Justice of Poland

John Edwards outlined five major tasks facing corrections practitioners: 1) Reduce crime; 2) Find alternatives to imprisonment; 3) Humanize prisons; 4) Rehabilitate offenders who are in prison; 5) Have communities take responsibility for dealing with offenders. He said that one day we may agree on a model for prisons, but not yet. In the meantime, information exchange is important. The eight core values outlined in "Towards Excellence in Corrections" are ideals to strive towards. They give a direction for growth. There is very likely agreement with the values, but there are practical considerations about how we use them in our work. This suggests two questions: How can we apply the values in practice? How can we eliminate barriers to their implementation?

Pawel Moczydlowslci said that some people and some governments approach the criminal justice system with a water closet mentality. Those who subscribe to this approach do not carry their thinldng beyond the court. Yet we who work for corrections are expected to do something. Corrections is a hole in the ground. The general public imagines that when they send people to prison they are getting rid of them, as if they go into outer space or something. But they don't go into space. Just as the product of the water closet returns to the river, and if untreated, pollutes the river, so too the organized crime that prisons create is a lcind of pollution. We all must deal with barriers that block achievement of the core values, namely, overcrowded prisons and scarce resources. It is our responsibility to ensure that the river does not become polluted. 21

A DIGEST OF PAPERS PRESENTED AND SUBMITTED

JUSTICE AS THE CORE VALUE

Value 1 As a component of the criminal justice system, we believe that we must abide by principles of justice as expressed in our belief in: • the inherent human rights of all people • fairness and equality under and before the law • the dignity and worth of individuals • managing with honesty, openness and integrity

Human Rights: Alvin Bronstein Does Corrections Have a Future? American Civil Liberties Union

Alvin Bronstein asked the gathering to consider whether the strategic framework was in any way valid when the reality of imprisonment the world over is that of infliction of pain on the poor and members of minority groups. The presentations at the first symposium from a number of countries, including Canada, Belgium, Scotland, and Australia clearly showed that members of minority groups are vastly over-represented in prisons when compared to their numbers in the general population of these countries. The reality in the United States is that over 99% of all prisoners are poor, and 50% are black or brown skinned. Is it possible to improve prisons without doing something about the larger problems of society—the iniquities, the racism, the classism? Delegates were challenged to come up with a strategic plan for how corrections professionals can develop and promote some real and necessary change.

Human Rights in Polish Prisons Andrezej Rzeplinslci, Member Polish Section of the Helsinki Committee

There have been major accomplishments by the Ministry of Justice; there are also a number of limitations. The prison population in Poland had been reduced through amnesties from over 100,000 in 1985 to 49,000 (or 106 per 100,000 population). One accomplislunent has been the introduction of the right to appeal for prisoners for perceived violations of the law. Another is the enactment of a new penal code, based on the European Prison Rules. 'While it is not fully implemented in individual prisons, its provisions are quite well-known and it is having a positive effect. Conferences such as this will radically speed up the process of human rights in Polish prisons. The accession of Poland to the European Convention on the Prevention of Torture will be another important step. However, national influences will be even more important than international ones. Non-governmental organization's, including 22

human rights organizations, charitable bodies and churches, have an important role, as does the ombudsman. The Helsinki Committee focuses on monitoring human rights, and makes reports to the Prison Administration.

The most frequent infringements of human rights in Polish prisons in recent years have been in matters where the authorities say they have insufficient resources to respect human rights properly. This not only occurs in very old prisons where conditions are bad. The human factor is very important such as the type of supervision exercised by the prison governor. Infringements are frequently associated with overcrowding, inadequate sanitary conditions, inadequate hygiene facilities for women and the transporting of prisoners. There is a lack of specialized care in prisons. In many cases prison authorities are purely reactive with the result that the right to resocialization becomes a fiction. This does not mean that there are not prisons in Poland where the authorities are working correctly. Many prisoners do not work. Only 14,000 prisoners in Polish prisons have jobs, 34,000 have none. The prison administrations have often remained passive in response to this situation; they do not seek contact with small businesses.

There is a need to encourage passes for prisoners in Poland, where it is at present viewed as a privilege rather than a right. This leads to controversy with prisoners who do not get such leaves feeling unjustly treated. A prisoner should be allowed to be the author of his/her own fate. In Poland today the rules of the game are becoming clearer. Some of them are theoretical but they nonetheless exist. They are now more like those in "civilized" prison systems.

UN Standards and the Need Michael Hale, Senior Associate for a Strategic Framework The International Centre for Criminal Law Reform and Criminal Justice Policy

The UN standards and norms related to corrections were compared with the strategic framework document to see where the framework might fit internationally. The Standard Minimum Rules for the Treatment of Prisoners had their origin in an attempt to prevent the abuses of human rights that have occurred so frequently in prisons. Although some of the rules seem to deal with small details, they were devised to prevent the various ways of cruelly treating prisoners, for example, the rules about light and dark were designed to prevent torture. So the Rules are indeed a minimum below which we must not go. Yet still the rules are not fully implemented. Only a third of the world's nations can claim actual compliance. This is true despite evidence of a fairly strong pull towards compliance that suggests that they are widely accorded legitimacy. Nations want to be able to report that they are meeting the standards. So why are they not met? Economics is a major factor. Many nations, including Canada, do not meet the rule about one person to a cell. Despite overcrowding, in times of scarce resources jurisdictions simply cannot afford to build more cells. Culture is claimed to be another factor. The so-called "cultural"barriers to full implementation of the rules are often actually economic or political. There are substantial cultural barriers to the full implementation of the Rules. This is particularly true in developing nations. 23

The Rules are focused on compliance, and are expressed as absolutes. An audit will determine whether a prison system meets them or not. The strategic framework, on the other hand, is in the form of objectives. The framework document is also a way of describing what corrections is all about. Given a clearer basis for understanding, society can make the choices about who to send to prison. The public must be aware of the costs of prisons, both material and social. The framework can become a basis for allocating resources adequate to the task. A set of high level objectives such as those contained in the framework document could provide the missing international policy link to guide the efforts of UN member states in improving corrections practice. It can be the basis for cooperation in a number of areas, including cooperative training ventures, staff exchanges and other forms of technical assistance. It provides a broad view of effective correctional practice that can apply to different systems operating in a wide range of political and social environments.

The Protection of Human Rights Ferenc Tari, Director General and the Hungarian Prison Administration Prison Administration, Hungary

Transformation to a democratic system may, above all, be characterized by the protection of human rights. It has been recognized in Hungary that the main function of criminal law is to protect social norms and values rather than to influence social trends. Instead of an immediate and total change, the transformation of criminal justice has proceeded through partial reforms. For example: the Criminal Code has been modified; the sanction system has been changed (to eliminate hard labour); community sanctions have been expanded and made more flexible; the minimum period of imprisonment has been lowered to one day; the harsh regime for recidivist offenders has been modified with respect to human rights, and reforms such as voting rights, and pensions for prisoners have been introduced.

A new law has been passed which shows the increasing prominence of human rights in the legal system. A legal system may be perceived as constitutional only when constitutionality is applied to the whole society, including prisoners. It has been affirmed that the substance of imprisonment is solely the deprivation of liberty. It is clear that concomitant with becoming a member of the European Council, violation of human rights in Hungary may not be perceived as strictly an internal affair.

The new Act lists the rights and duties of prisoners in their entirety. Thus prisoners' rights have moved from the status of rules to that of law. The Act defines rights that are modified due to imprisonment, (such as the right to obtain certain information of common interest), and rights that are suspended during imprisonment, (such as the exercise of parental rights). The Act also defines legal remedies, the right to file grievances, and the right to make statements of common interest. While such rights existed previously, they are now subject to judicial review. Decisions of the correctional judge (for example, imposition of solitary confinement) are now appealable. The new Act takes further steps towards the humanization of prison 24 administration. In order to strengthen family relationships, visiting is expanded, and temporary absences from prison are permitted. The Act makes the imposition of milder sanctions possible. This permits the development of open institutions and conununity-based correctional programs.

Although crime rates have decreased in recent years, there is an increase in viciousness of crimes, and heretofore unknown modus operandi. Due to the expense of penal institutions, new construction is not possible, and many facilities are outdated nor is it possible to abolish accommodation of prisoners in common cells in the short term. Finally, the conditions of the staff are worse.

Current Initiatives in Leonid Shirayev, Deputy Director Russian Prison Administration Prison Administration, Russia

Russia has 513 prisons of all types. There are 140,000 regular prisoners; 50,000 with alcohol problems. Russia is experiencing a growing crime wave. One in four prisoners has committed a serious crime. There is an increase in the number of dangerous offenders, and more gangs and organized crime. Prisons have traditionally been isolated, and initially were not a part of the democratization process. There is now an increasing recognition of prisoners' rights. It is a top priority to affirm the rule of law in prisons and ensure the just treatment of prisoners.

There are diverse approaches to the different categories of prisoners. Some are isolated from fellow inmates. Others are able to work towards social rehabilitation. It is a slow process of reform, but gradually new laws are being enacted. Conditions are improving mainly through presidential decrees. Many changes have occurred, for example: Religion can now be practiced in at least 40 different denominations; Local councils are now taking an interest in prisons. They deal with prisoners' complaints that are not resolved by the prison administration.; Non-governmental organizations also play an important role. Prisoners have greater access to leaves. Women with children less than three years old have the right to stay out prison in labour camps. They are now eligible for family allowance. The number of escapes has fallen. A special law allows first-time offenders to stay near home. The number of those employed on release from prison is increasing. Benefits for staff are now similar to those of the military. Prisoners' work counts towards pension. Minimum wages have been set, but don't yet meet international standards. Prisons combining treatment with punishment will be eliminated in 1996. Prisoners who need treatment will taken over by the Ministry of Health.

The changes describe a clear trend towards a more just and humane treatment of prisoners. A will to meet international standards exists, despite the costs. The legal system is being up- dated. There is a marked change in government policy: from a punishment orientation to stimulating pro-social behaviour. The new penal code outlines principles for operation of the 25

prison system, emphasizing an underlying respect for human rights. The act also governs the financing of the system, and budgets are now under the control of the states. The presidential decrees have made a great difference. Assistance in bringing about the changes would be most welcome.

The Experience and Perspectives Michael Jackson, Professor of Law of Canada's Indigenous Peoples The University of British Columbia

In this International Year of Indigenous Peoples, with the growing recognition of the consequences of colonialism and imperialism, it is appropriate to look at the distinctive perspectives and visions of justice of those peoples, and how they could strengthen the strategic framework document. There is an over-representation of Aboriginals in Canada's prison population. The findings of various commissions and inquiries have linked this over representation to systemic racism in the criminal justice system and the disadvantaged state of Indigenous peoples. The colonial legacy dispossessed these people of their homeland, criminalized their major institutions such as the potlatch and sundance, and undermined the foundations of their communities. Instead of focusing on "just punishment," in addressing issues of peace and security in their communities, Indigenous peoples in Canada seelc, as their primary goal, the restoration of peace and the reconciliation of differences. There is renewed emphasis within Aboriginal cornmunities on bringing people, families, and communities, through healing, into wholeness for the future. This means a restorative, rather than retributive approach. Its methods are conciliatory and educational rather than adversarial. It is based on consensus.

Two cases were described involving Aboriginal offenders before the courts in which an intervention using this alternative model was made prior to sentencing. In each case the approach was based on healing and the involvement of members of the community and representatives of the criminal justice system in a circle with the offender. There are several benefits of a sentencing .circle. The monopoly of professionals, legal procedures and technical language are replaced by the simple, direct accountability of a circle in which everyone must address the group, and anyone can speak. This encourages participation of members of the community, enhances information, enables the creative search for new options, and promotes the sharing of responsibility. Both the offender and the victim are engaged in the process, increasing the possibility of reconciliation, and the acceptance, by each, of the sentence. Use of the circle in sentencing is a constructive process, and in its direct involvement of the community, overcomes some of the limitations of the criminal justice system in solving problems that originate in a community setting. It thus extends the focus of the criminal Justice system, encouraging the community to explore the causes of crime and mobilize resources in solving the problem. The circle forms the basis for a partnership between Aboriginal communities and the justice system, accommodating the different cultural values in the decision-making process.

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There is remarkable congruence between the values in the strategic framework and this alternative model of criminal justice. Professor Jackson demonstrated the power of the circle when used in the treatment of Aboriginal offenders and conveyed the symbolism of the Indigenous people through a slide presentation. He described the facilities made available to the Native Brotherhood at one Canadian correctional institution in the context of normalization. While the facilities are basic (a room in the prison's industrial shops), the Indigenous prisoners have made the space their own through murals that depict their cultural traditions. Thus the problems of a harsh prison environment have been overcome through imagination and creative energy rather than through construction or program expenditures.

The Transformation Pawel Moczydlowski, Director General of a Prison System Ministry of Justice, Poland

Crime, in the Marxist-Leninist framework was seen as the product of inequitable socio- economic relations inherent in the capitalist system. The thinking was that crime would vanish in a system which fully realized the idea of social justice. But instead of declining, crime continued to grow. This had to be explained, and the following rationale emerged: Since about 90% of common offenders commit offences for economic reasons, this implied that the perpetrators consent to the restoration of the capitalist system. Persons brought before the court were not seen as members of society, but as counter-revolutionaries: enemies of the system. Penal law was consequently extremely severe. Class enemies were considered dangerous and not to be "supported" by the state, thus requiring heavy labor to pay the costs of their imprisonment.

Social protest (including strikes) was dealt with harshly, often through sentences of imprisonment. As a result, in the 1970's, the prison population reached 300-350 inmates per 100 thousand population. At the same time, the number of staff members was relatively small, so the staff were militarized for maximum efficiency. The aura of confrontation between prisoners and staff was pervasive, making prisons extremely dangerous places. Rebellions within prisons were common. When communism fell in 1989, over 500 protests took place in prisons. Both staff and prisoners were often protesting at the same time. At this time there were over 100,000 prisoners in 150 prisons guarded by 20,000 staff. Prison staff were unprepared to deal with their new role—approximately 45% were replaced.

Prisons are now open to the press and to oversight by national and international bodies. Many programs and privileges available in western prisons are now available to offenders: home leave (5.5% failure rate), the right to vote, and employment which is counted towards pensions. The weak point of the system is reintegration programs, both pre-release and in the community. There is currently a serious growth in crime in Poland, and, as in many countries, citizens feel threatened by this. The fear causes people to withdraw their support for reform and concentrate on seeking safety. This leads to a crime control mentality, and to pressure for greater and greater use of incarceration. The paradoxical result, however is a reduction in 27 security, as the increased use of imprisonment leads to an increase in desocialized individuals, and thus an expansion in criminality in general, and in organized crime in particular. When combined with high unemployment, this creates pressure for expansion of the police. The danger for Poland, is the possibility of returning to a police state.

While prisons may be good for the state, they are bad for society. Overpopulated, and inhumane, they have the capacity to provide society with individuals who are much worse on release than they were on admission. Current policy in Poland, is to avoid this trend, and create, as much as possible, prosocial prisons, that is, prisons with lawful and humane treatment of prisoners, that do not desocialize them. Prisons must be open to social control, which tends to make them normal places. Prisoners must be seen as members of society, with the majority able to return to the cotnmunity on temporary leaves, and at the end of their sentence. Two different models of the penitentiary system emerge. In countries that decide on a non-democratic system, the anti-social, isolation model of prison will persist. Countries that chose the democratic variant will necessarily develop pro-social prisons. However, economic conditions will dictate that progress towards the latter model will not be in a straight line.

THE TREATMENT OF OFFENDERS

Value 2 Fundamental to an effective corrections and justice system is a firm commitment to the belief that offenders are responsible for their own behavior and have the potential to live as law-abiding citizens.

What Works in Brendan Reynolds, Assistant Commissioner Correctional Programming Communications and Corporate Development Correctional Service of Canada

Since the furor over the "nothing works" headline that emerged following Martinson's (1974) evaluation of treatment programs, there have been a number of studies that show that, in fact, many things do work in corrections. Several studies (see Andrews, 1990) show that appropriate treatment can reduce recidivism by 50%. Appropriate treatment is defined as: 1) dealing with high risk cases, 2) targeting criminogenic needs (i.e., factors that are related to criminal behavior, such as substance abuse, cognitive deficits, and anger control problems), and 3) the use of styles and modes of treatment that are matched with the needs and learning styles of offenders. 28

SUBSTANCE ABUSE TREATMENT A recent estimate indicates that about 67% of offenders incarcerated in Canadian federal institutions have substance abuse problems. Despite this seetningly bleak statistic, studies show that when compared to the general population, offenders tend to stay in treatment longer, and have better treatment outcomes. Evaluations of Canadian and American substance abuse treatment programs reveal a number of characteristics that tend to increase a program's effectiveness: 1) cognitive-behavioral approaches, 2) intensive, comprehensive programs that use a number of treatment approaches, 3) the targeting of particular clientele, and using client-treatment matching principles (i.e., the severity of the problem is matched to the intensity of the program), and 4) coping strategies and relapse prevention principles.

A recent U.S. National Task Force on Correctional Substance Abuse Strategies (1991) noted that in addition to the above factors, effectiveness is increased when the program has clear goals and the visible support of key administrators and line staff in the agency. Integrated treatment/custody staffing, and effective training of the staff are also important. A comprehensive program should include: Incentives for participation, continuous evaluation, and a range of services from drug education (for all offenders), to intensive residential treatment. There should be continuity and consistency with other treatment programs as the offender moves through the system, pre-release programming, and self-help groups as an adjunct to treatment and for aftercare.

TREATMENT OF SEX OFFENDERS Here the results are not as clear cut. Because of ethical issues surrounding withholding of treatment from dangerous sex offenders, it is difficult to have an adequate untreated control group. This makes research as to treatment outcomes problematic. While results vary with the type of offense, they tend to confirm that recidivism rates can be halved with effective treatment. A program underway at the Atascadero State Hospital in California, jointly funded by the state of California and the U.S. National Institute of Mental Health showed that 4.6% of offenders were re-arrested and charged with sex offenses compared with a re-arrest rate of 8.2% in the control group. Research indicates that multi-modal treatment for sex offenders based on cognitive-behavioral approaches, and including arousal reconditioning and relapse prevention have good results.

COGNITIVE BEHAVIORAL INTERVENTIONS Cognitive-behavioral approaches, as indicated above, have shown promising results in the treatment of offenders. Such treatment programs emphasize the modification of offenders' cognition (faulty thinking patterns) and particular behavioral styles (poor planning, impulsivity, and so forth). The Correctional Service of Canada has had success with a cognitive skill training program based on social learning principles. Offenders learn to recognize problems, and find alternative solutions. They are taught critical thinldng skills in order to be able to recognize criminal thought patterns (such as denial of personal responsibility, misattribution of blame, and misinterpretation of others motives). There is an emphasis on impulse control and on taking a social perspective. The program uses a variety of instructional methods, and matches the learning style of the offender with appropriate material. 29

A process-oriented approach to corrections may prove beneficial if an agency is cotnmitted to assisting offenders to change. Key components of the correctional process include: intake assessment; integrated programs based on research; sufficient resources (cost effective programs using correctional officers have been successful in some jurisdictions in Canada); a supportive environment; follow-through with programs geared to helping offenders adjust to their return to the community, and evaluative research on program effectiveness, that contributes to improvements.

What Works in Wally Cheney, General Counsel Correctional Programs U .S. Federal Bureau of Prisons

Corrections must broaden its horizons beyond the penitentiary gates and develop stronger linkages with external agencies. Crime prevention will be enhanced if corrections plays an expanded role in the criminal justice system. In the discussion of what works, the Federal Bureau of Prisons emphasizes the importance of establishing a three way responsibility among corrections, the offender and the community. Offering programs to inmates to increase skills and further successful reintegration is a difficult task but small steps can make a big difference in some lives, even if the aggregate difference (i.e., in recidivism rates) may not appear substantial. The challenge is to choose programs that benefit inmates yet are not too costly to pursue.

The Bureau's programs focus on American societal values of education and work. The Bureau would maintain these programs even if there was no contribution to successful reintegration. Ail inmates are required to work: 24% for the prison industries corporation, (Unicor), 75% to maintain institutions. As a correctional program, work is seen as the most important tool for reducing idleness and relieving the stresses of crowding. The Bureau runs Intensive Confinement Centers, which are an adaptation of the military concept of "boot camps." These centers focus on physical labor and intensive self-improvement programs, 17 hours a day, 6 days a week. Literacy training is a high priority. There is a mandatory literacy training program of 120 days, which is linked to promotion at work. Studies show a lower recidivism rate for those who complete the course. Substance abuse programs are also considered important.

Community corrections measures focus on less secure confinement (i.e. community correctional centres, boarding, electronic monitoring and home confinement, work camps etc.). Volunteers play a key role in corrections by providing direct services, reinforcing mainstream values and providing a channel to the community, and direct assistance during pre- and post-release

Basic correctional programs do work Studies show that about 60% of offenders succeed on release within 3 years. Education and employment history prior to incarceration are linked to lower recidivism as is living with a spouse or having post release employment. Recidivism rates are highest for pre-incarceration users of drugs and alcohol, and for those from disadvantaged communities.

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Religious, Spiritual Bill Bontrager and Cultural Programs Prison Fellowship International

Prison Fellowship International is a Christian ministry that operates in over 60 countries. The work of Prison Fellowship comprises a variety of programs, including seminars for prisoners, marriage seminars, Bible studies, mentoring, community volunteers, and victim-offender reconciliation. Justice Fellowship, a sister organization, advocates change within the criminal justice system. It is necessary to re-define justice. There are fundamental problems in the criminal justice system, as it has evolved: 1) Victims are excluded from the proceedings; 2) Offenders are not confronted with the harms they have caused; 3) Prisons have become dumping grounds for the community's problems.

A restorative justice model was proposed as a way of dealing with these problems. Such an approach is similar to the circle sentencing approach described by Michael Jackson. It involves the following components: 1). The government assists victims in getting redress for their injuries and the community assists them with healing. 2). The government confronts offenders with the harm done, and the community assists with their rehabilitation and eventual reintegration to the community. 3). The government and the community together deal with the matter of public safety. 4). Victims and offenders, with the help of community and government, resolve the conflict. In order to bring about change of the system, the workers in the system must become directly involved in communicating to the public what the legal and penal systems can and cannot do. Those who work in the penal system must challenge the community to take part in corrections. If we do not change the perceptions and expectations of the people, we will simply continue to be the water closet for society. It is necessary to analyse every process and program to see if they are in accord with universal values: the values of the framework, and ultimately, spiritual values. If we commit ourselves to Value 2 that offenders are responsible for their behavior and have the potential to live as law-abiding citizens, we are committing ourselves to a path of mercy, reconciliation and redemption that is at the heart of Christian teachings, and those of other great spiritual traditions. Corrections, to meet this spiritual test, must include: confession, forgiveness, a request for help, and commitment to make right wrongs.

A Special Program Asbjorn Langas, Assistant Director General, for Drug Abusers Central Prison Administration, Norway

Mr. Langas, introduced a film of a program for imprisoned drug-abusers in Norway. The prisoners undergo physical activities (exercise, running, swimming, cycling and walking) and living under canvas. The program progresses from activities conducted within the prison walls to activities conducted outside the institution. Some 1,500 prisoners have already been through the program and most have improved dramatically as a result, continuing the physical activities after the end of the program and during the rest of their sentence. There are a number of benefits to the program: 1) Relationships with staff are improved; 2) less

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medication is needed; 3) the subjects are involved less frequently in disciplinary problems; 4) participants report improved relationships with other inmates; 5) participants report that the program has helped them to cope better with normal prison life, and 6) a higher proportion of these prisoners are able to be moved to open prisons.

Value 3 We believe that the majority of offenders can be dealt with safely by effective community and that imprisonment should be used with restraint correctional programs

Just and Reasonable Punishment Perry Johnson, President American Correctional Association

There is no end in sight to the continuing expansion of the use of incarceration. It is time to question the policies that cause the overcrowding. Corrections directly sees the results of public policy decisions and therefore can inform the discussion. It is important for corrections to begin to play a role in the sentencing debate. The ACA will focus on this issue over the coming 2 years. Sentencing must be fair and just, and based on a rational policy to reduce crime. Sentencing must not diminish respect for the law and it must do what it can to make victims of crime whole again.

The first step in overhauling the sentencing system is to ask the public what criminal sanctions ought to be. The Crime Victimization Surveys of the Bureau of Justice Statistics provide a good model on which to build. The public's input on sentences should be based on their having factual information about the crimes and offenders as well as the various sentencing options and their respective costs. In the way in which they are administered in many jurisdictions, community sanctions are really only benign neglect: freedom without responsibility, sanctions without accountability. However, programs exist that show that non- custodial sanctions can work, and these must be expanded. The pre-requisite for this is to make such sanctions roughly equivalent to incarceration. A year's punishment could mean a year of unpaid public work or a fine equal to a year's incarceration, for example. If a sentencing system can be developed that is just, that provides an opportunity for offenders to change, the public will be well served.

Normalization of Edward Frizzell, Chief Executive Prison Regimes Scottish Prison Service

The concept of normalization has been much discussed in the literature on prisons. While the term itSelf is still subject to debate, the fact remains that most offenders will be released from prison on completion of their sentence. Corrections authorities have a responsibility to ensure that prison regimes do not make them unsuitable for life in society. The Scottish Prison

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Service provides regimes which allow prisoners the opportunity to live as normal lives as possible, consistent with security and order. The model presented emphasizes the provision of opportunities, with the ultimate responsibility resting with offenders. The sentence plan in Scotland is set by the prisoner, with staff members serving as facilitators. Staff members are charged with engaging the cooperation of the prisoner, and assisting in the development of the sentence plan. Just as sentence planning stresses the accountability of prisoners, a new grievance procedure is being put in place to ensure that the prison service is accountable for resolving problems as close as possible to their source.

Normalization in Prison Stephen Carter, President Operations and Design Carter Goble Associates

The closer the incarceration environment is to that of a community, the more easily a transition can be made from incarceration to free society through the encouragement of malcing individual choices while promoting appropriate behavior. While more normalized designs are challenged as being too soft, they have gained acceptance for cost reasons. The Federal Bureau of Prisons prototype model (3rd generation) for a witness segregation unit and the Correctional Service of Canada's William Head model (4th generation) are used as examples. In order to maximize the benefits of an environment, staff must have training in dynamic security (i.e., maintaining control through interaction between staff and inmates). There is a tendency to substitute electronic technology for interaction resulting in expensive institutions and reinforcement of the punishment mission. Technology can improve effectiveness when used for containment in support of dynamic security.

There is a major challenge to change attitudes to imprisonment and many groups have a vested interest in prison expansion. Restraint in the use of imprisonment is more likely to result where there are economic benefits that are demonstrable from reduced prison use. The U.S. example demonstrates a unit management community within a high security environment based on a direct supervision model. The principles are the same as for William Head but within a more secure environment. The paper specifically addresses the fit with Value 3 in the strategic framework as to the use of imprisonment as a sanction. Each principle is analyzed in detail providing a link between the concept of normalization and prison design for those who must be imprisoned. Changing public attitudes regarding the mission and design of correctional facilities is a challenge. In this context, the question is how can we best create an understanding that an environment that encourages change and assigns accountability for behavior to inmates is the most viable route to follow? 33

Value 4 We believe that decisions about offenders, in the interest of public protection, must be based on informed risk assessment and risk management

Risk Assessment • Brendan Reynolds, Assistant Commissioner and Management Communications and Corporate Development Correctional Service of Canada

Most offenders eventually return to the community. The best way to contribute to the protection of society is to reduce the risk of prisoners re-offending. Effective risk management involves use of valid assessment tools, information sharing, monitoring and intervention. Risk assessment based on research findings can greatly improve decisions on custody level, transfers, temporary absences, program placement, and conditional release (i.e. parole). While risk prediction and classification instruments can yield significant gains in predicting criminal behavior, they are only effective if they are one component in an integrated process incorporating a variety of methodologies. Canada has adopted such an integrated approach. Its components are the following:

INITIAL ASSESSMENT Following sentencing, the offender is sent to an Intake Assessment Unit. Following an initial screening for physical and mental health and security concerns, a Criminal Risk Assessment and Case Needs Identification and Analysis are completed. The assessment of criminal risk considers criminal history, and offense severity, and provides rating of criminal risk level. A separate checklist is completed for sex offenders. The case needs are assessed in seven dimensions: employment, marital/family, associates/social interaction, substance abuse, community, functioning, personaVemotional orientation and attitude.

COMMUNITY RE-ASSESSMENT An assessment of risk and needs is again completed prior to conditional release. This serves as an updating of the original assessment, and as an assessment of the offender's needs for community supervision. Risk is assessed with respect to the Statistical Information on Recidivism (SIR) which is used by the National Parole Board. Needs assessed are similar to the intake needs assessment with the addition of information for factors such as academic/vocational skills, employment pattern, financial management, living arrangements etc., of significance for return to the community. This assessment provides a basis for focusing supervision resources. It also provides a simple classification schema, assessing offenders as low, medium, or high risk and needs levels. It has been found that 50% of offenders assessed high risk/high needs are suspended within 6 months, compared to only 5% of low risk/low need offenders. The low risk/low need group are also the largest category. 34

MONITORING AND INFORMATION-SHARING Not only are individual offenders monitored, but through automation it is possible to monitor the entire population of offenders. The monitoring of risk/needs profiles of offenders under community supervision allows the correctional service to provide information to the public or to other agencies, and to adjust its resources levels to changing needs. The automation of information increases the capability of the system to provide timely information on offenders to decision-makers.

INTERVENTION There are several ldnds of intervention that a correctional system can make. These include day-to-day interaction and supervision, searches and other security functions, disciplinary sanctions, and treatment. As noted in the section on what works, key areas of correctional programming include substance abuse pre-release programming and relapse prevention with sex offenders, and cognitive-behavioral interventions. Risk assessment and management is seen as a key to the crime prevention contribution of correctional systems.

A COOPERATIVE APPROACH TO CRIMINAL JUSTICE

Value 5 We believe that effective corrections is dependent on working closely and in cooperation with our criminal justice partners and with society as a whole in order to contribute to a more just, humane and safe society.

Private Sector Involvement Derek Lewis, Director General in the Prison Service of England and Wales Prison Service of England and Wales

The Prison Service of England and Wales currently has two new remand prisons, and a court escort service run by private contractors. Plans are for the management of an existing prison along the same lines. In this case, Her Majesty's Prison, Manchester, staff members were invited to bid alongside private sector companies. The in-house team was awarded the contract.

The Government's stated aim is to "roll back the boundaries of the State, returning many of the nationalized utilities to the private sector..." Opposition is strong, and well-organized, so that any questionable development in the process gets immediate media attention. Consequently, the problems experienced have been blown out of proportion by the press. An inspection report of Wolds found two areas of concern: idleness during time out of cells and 35 the availability of drugs. Key performance indicators show things are otherwise going well. Rates of assaults on staff are high (although this could be due to the inexperience of the staff). The numbers of visits, time out of cell and access to sanitation targets are exceeded.

A strategy for fiirther private sector involvement is being considered. The strategic framework document emphasizes the efficient and effective operation of prisons. Questions were raised as to whether an organization's values could be safeguarded in privatized facilities, and whether there are philosophical inconsistencies between a value system based on reintegration of offenders and for-profit management of prison where payment is based on numbers of prisoners.

With regard to the treatment of offenders, it is apparent that the contracting process in England and Wales, with its "service level agreement" approach, is able to specify in detail the conditions that will obtain in privately contracted institutions. The approach being taken is aimed at improving effectiveness through innovation and competition.

The Development of Private Sector Mel Smith, Deputy Secretary for Justice Con trading for the Management New Zealand of New Zealand Prisons (submitted)

The prison service of New Zealand has long maintained contracts with the private sector and community groups for the provision of services within the correctional system, but have only in the last few years developed plans for privately contracted prisons. Plans are to build two new prisons to be run in this mode: one 350 bed regional (minimum/medium prison, and one 250 bed remand centre. As with the case of England, the New Zealand decision was taken at the political level, and there is considerable opposition.

Significant goals include cost savings, and providing competition so that public prisons can measure themselves against non-state operations. In New Zealand, goals also include providing opportunity for new and innovative approaches. Opposition to the concept of privately run prisons is based on the views that it is inherently wrong for the State to contract out a function which involves the deprivation of individual's liberty, and that the private sector's desire for profit will lead to a diminution in the quality of the service provided. The opposition to date has been primarily at the parliamentary committee level, but it has been noted that there will likely be a national election before a shovel touches the ground, and if another party gains power, there could be a change in approach. Private sector prisons are now in place in the United States, and Australia, in addition to England and Wales. Many other jurisdictions, including New Zealand, are planning, or considering this approach. 36

Correctional Partnerships at Wally Cheney, General Counsel the Federal Level in the United States U.S. Federal Bureau of Prisons

Partnerships extend correctional resources cost-effectively, provide more complete correctional services, and meet the needs of the inmate population more meaningfully. Government agency partnership are critical (with other criminal justice agencies such as the FBI, the Marshal's Service, and Immigration). There are shared training facilities and programs with these agencies. Another major area for partnerships is the extensive coordination with organizations that operate with offenders in the community (in the provision of residential services and related programs). Partnerships also include the work done with Congress, the Sentencing Commission and courts to assess the impact of legislative changes on prison populations.

Community relations are affected by problems related to the public's inaccurate image of the correctional profession. Public education initiatives are highlighted including the use of citizen's boards who provide liaison between community residential facilities and the Bureau. Volunteer programs provide a resource to prisons and afford the community a role in ensuring public safety and providing a humane environment for offenders. Vocational programs are developed in cooperation with private industry and other organizations.

The benefits of partnership are many. The U.S. Federal Bureau of Prisons has responded cautiously to the issue of privatization, preferring to rely primarily on its own, rather than private sector, resources except on a program basis or to provide services to sub-populations (e.g., to non-citizens, juveniles, etc.). Privatization is not based on cost savings. The operational costs of the Bureau are generally lower. International partnerships are also important. These include prisoner exchanges, sharing of information, and technical assistance to other nations. The Bureau has established a Memorandum of Understanding with the Correctional Service of Canada, setting out areas of collaboration. All aspects of corrections depend on relations with others. There is a need to identify potential partners and determine the benefits to both parties. 37

CORFtECTIONAL PERSONNEL

Value 6 We believe that staff are our most important resource and are essential to an effective correctional system.

Corrections Anthony P. Travisono, Executive Director Emeritus as a Profession American Correctional Association

Whatever the country's situation, all correctional systems seek to meet minimum standards for human rights and maximum efficiency through use of punishments accepted by the public. A number of recommendations for the future were presented, including the following: 1) There is a need for an international organization such as Corrections International to promote correctional professionalism. 2) The need to establish a code of professional ethics is critical (if it is not developed by corrections, it will be imposed. 3) There are a number of educational and training requirements. 4) There is a need to establish an international research center for corrections. 5) Mission statements should be developed as guidelines for leadership for change. 6) International cooperation and partnership is essential. The need for public trust as a prerequisite to being viewed as a profession was emphasized. A recommendation specifically refers to the need for a worldwide philosophy emphasizing restraint in the use of imprisonment (consistent with public safety).

Training and Management Working Group in Correctional Systems International Scientific and Professional Advisory Council United Nations Crime Prevention and Criminal Justice Program

This paper was included in the symposium material as a basis for discussion. This is a detailed report on progress achieved on project to develop a " Prison Staff Training Manual" which is to be shared with prison administration, particularly in developing countries. It contains guidelines and standards for training. General personnel issues are also included.

It was suggested by a delegate that the paper, and the eventual manual would benefit from a philosophical foundation such as that provided by the framework. Values, principles and shared visions could be considered as key to any human resource management strategy. 38

Recruitment, Selection Jorgen Balder, Director, Staff Training and Training in Denmark Department of Prisons and Probation, Denmark

In Denmark it has been said that the best correctional policy is a good staff policy. An essential part of a good staff policy is, of course, how you recruit, train and develop staff The principle staff training policy in Denmark is based on the assumption that a well-trained and committed staff is a necessity to carry out modern prison and probation policy based on the principles of human rights. A number of propositions relating to training are considered important: 1) The prime aim of staff training is to give the knowledge, abilities, and attitudes so that staff members are able to perform their duties according to national and international standards and achieve an understanding of, and commitment to, the Service's objectives. 2) The training should be future-oriented so that the staff are able to adapt to the Service's development. This requires a flexible, open-minded attitude and critical thinking skills. 3) The courses should be based on an assessment of the job requirements. 4) The training should be based on the actual working conditions and duties. 5) A variety of teaching methods should be employed, and an evaluation completed to incorporate improvements.

Unit officers have replaced prison officers in almost all of the prisons in Denmark in the last five years. The ordinary prison officer only took care of order and security. The Unit Officer has these assignments but also carries out social work functions in relation to the inmates, assists in preparing cases for parole, or leaves, and participates in vocational training, recreation, leisure time activities and other programs. This means that the unit officers are presumed to have a broader variety of slcills and qualifications than the ordinary prison officers. Unit officers are presumed to be slcilled craftsmen or possess some corresponding skill. They must have those human attitudes/qualities which are necessary to carry out the work properly. These include conceptual skills, a willingness to accept responsibility, communication skills and the ability to handle crisis situations. Furthermore, it is important that the individual has the ability and motivation to learn.

The recruiting process is designed to attract and select candidates well suited for the position. The recruitment procedures include briefings about the nature of the work, to ensure that candidates do not have false expectations. This is followed by a comprehensive written examination, to evaluate the candidates background, cognitive skills, and personality. Two interviews complete the assessment process: one by the principle officer in the prison where the training will take place, and one by the recruiting committee. Successful applicants are appointed on trial. During the following 3 years the probationer has to pass the basic training of the Prison and Probation system. The Prison and Probation service has had good experience with female prison officers during the last 10 to 15 years. Today about 30% of the uniformed staff are women.

The basic training consists of an introduction and 3 parts. After having completed each part the probationers suitability for further training is evaluated. If the student does not manage to pass this evaluation he cannot continue the training and as a consequence will have to resign. The training combines both practical and theoretical elements and takes place partly at the Training Centre and partly at the state prisons. In the early stages of training, the students 39

learn about the Service and its organization, inmate's criminal and social background, and the basic standards and norms, including international conventions, for the treatment of offenders. This is followed by a practical stage during which they are exposed to the day-to-day workings of a prison. In the final stage of training, they pursue academic subjects, including: Society and Culture, Social Policy, Criminal law, Psychology, Prison and Probation System, Administration, Report writing, Physical Education, English, and Computing. Students are evaluated on class participation and a final exam.

COMMUNITY RELATIONS

Value 7 We believe the public has a right to know what we do and an obligation to participate in the criminal justice system.

Who are the Customers K.J. Lang, Director General of Corrections ? Department of Prison Administration, Finland

To assess the usefulness of the strategic framework document, we must be clear about our goals, and who our customers are. We are working in a climate of massive criminalization and penalization of conduct, with an over-emphasis on public safety which corrections professionals criticize or challenge at their risk. In discussing the correctional system of a country, you get a very different perspective when you talk to, or read the books of, those who have had the experience of being in a prison, rather than when you talk only to those who run the system.

Who are the clients of corrections? Society (as a political and legal system)? This is simply too vague. Numerous tensions and contradictions exist in society, and justice would not be served if the corrections were tied to politics and subject to change from election to election. The public? This is also very vague. The term is used to mean public opinion as treated by the media or as expressed in opinion polls. If the public is considered the principle customer, the goals of corrections would shift with newspaper headlines. Victims? Vengeance aside, victims and offenders are equally members of society Their interests, when looked at from this perspective, are not in competition. A re-integrated and socially functional former offender is the best protection for eventual future victims, as well as a contributor to the lowering conflict in society.

Our clients are the offenders. They are, and will continue to be, the underdogs in society. Despite the popular myth of the "slcillful gangster," prisoners represent a socially and psychologically disabled class, most often victims of domestic and street violence themselves, who have continually been deprived of all chances to develop and use their slcills and abilities. Corrections must address their needs, through varied work, education, training, life skills, and 40 treatment programs. But prisoners also need to be sheltered and protected from further abuse and mistreatment both inside and outside the prison. We fail miserably to provide adequate shelters for personal improvement for offenders. It is vital to respect the dignity and humanity of all prisoners, whether or not they are perceived as good prisoners. An "uncooperative attitude" may actually be a reasonable survival strategy within a prison. The "services" we offer are often merely a euphemism for control. In order to deal with such contradictions it may be easier for the prisoner to join the criminal sub-culture. The principal strategy to deal with this is to organize prisons into small units where the staff and prisoners are committed to joint activities. Joint efforts to maintain common interests has a positive effect in a prison, as it does in any group, and escapes and conflicts are thus greatly reduced.

What corrections typically offers instead is a regime which patronizes and infantalizes prisoners, and prisons which require prisoners to conform to a routine and to rules. Staff are inflexible yet exercise substantial discretion. There is respect for formal justice even where the results seem absurd. And we far too easily categorize prisoners as a threat to society.

Prisoners will continue to be the underdogs, despite the increased attention being paid to "modern" criminality. Only a few scapegoats will be sentenced for such things as large scale economic crimes and serious environmental criminality. We will continue to see an increase in organized and drug crime, as well as crime by groups such as the Mafia. Increasingly, prisoners will have educational and mental problems. A grave danger is that developments in new security technology fueled by the rapid increase in the correctional-industrial complex in many parts of the world will reduce staff/prisoner interaction and make prisons more violent and dehumanized. The role of various oversight bodies is important, but we much not let judicial and semi-judicial control procedures supplant everyday problem solving.

Some principles to assist people working in the corrections in fulfilling the obligations of the strategic framework are: 1) offer our customers protection in time, space and social environment; 2) offer safety in prisons and a stable mental environment; 3) offer programs to build self-esteem and foster responsibility; 4) affirm our customers' dignity and human rights; 5) build on the current social and judicial network provided by society, and 6) keep in mind that technology is a servant not the master.

Public Participation Vladimir Lyovochlcin, Deputy Director Prison Administration, Ukraine

The prison administration in the Ukraine is under the Ministry of the Interior. There are 151 prisons, including 120 for convicted prisoners and 12 corrections facilities for juveniles. There is a strong commitment to reform of the penal system. A plan has been accepted by the Council of Ministers, that addresses considerations of human rights, differentiation and individualization. Concerning the right of the public to know about prisons and to participate (Value 7) it is important to remember that prison is a microcosm of society in that all forces present in society are present in prison. It is therefore wrong to set prisons against society; the participation of the community is needed in order to solve some of the problems in prison. 41

New legislation in the Ukraine has a special article that encourages local organizations to take part in training programs for prisoners. Special commissions are being formed at the local level. The members are volunteers who work with prisoners, assisted by prison staff. The most important function of these commissions is to monitor implementation of existing laws.

On release from prison, prisoners are given an amount of money. Also, the staff assist in finding work for them. A number of organizations are concerned with organizing libraries, cultural activities, and dance ensembles in prisons. Programs of civic voluntary assistance currently involve about 10,000 people. In institutions for juveniles, volunteers work with young people and athletes. There is increasing involvement of religious organizations in prisons. Such initiatives started only in 1988/89 when authorities adopted a new approach that saw these organizations as allies in the education of prisoners. The public is now informed about programs and activities in prison. There is cooperation with the press and other media. Every 6 months there is a media briefing (35 members of press attended the last one, in addition to radio and TV reporters. The media are allowed to see an open and closed prison and to talk to prison officials and prisoners. It is now a tradition that staff are interviewed on TV. This contributes to a positive image. People are employed with the specific job of keeping the media informed.

The future of resocialization is very important. Resocialization centres (hostels, etc.) are being set up. "Assisting councils" are being established with representation from various private and public organizations. The main purpose of the councils is to maintain an awareness of public opinion. The Ukraine agrees with the postulates of the Ottawa symposium concerning the need for the public to be informed about, and involved with, corrections.

Putting a face on corrections Brendan Reynolds, Assistant Conunissioner Communications and Corporate Development Correctional Service of Canada

Public opinion research in Canada shows that, as in other countries, people are concerned about increasing violent crime. They tend to overestimate the incidence of such crimes. People want tougher punishment and are critical of the conditions of imprisonment, believing that prisoners have too many "advantages". They also have little faith in the justice system, and do not think that prisons are an effective deterrent or that they are successful at rehabilitating offenders. On the other hand, Canadians want the system to work more effectively, and think that all stakeholders in the system have to work together to make it more effective. They believe that rehabilitation should be an important goal and they strongly support parole. They admit that they don't know enough about prisons and parole. It is clear from these findings, that an active communications program is essential. The essential components of such a program includes listening to and involving the public as well as informing them (as we have traditionally done). 42

Canadians are demanding more responsive and responsible government. The post war baby- boom generation, is better educated and informed, more egalitarian, and less differential to authority. An understanding of the public environment is improved through analysis of problem areas using both external and internal sources, public opinion surveys, and effective media monitoring. The result of such analysis should be a well-thought-out communications strategy.

Canadians are no longer willing to accept the decisions of government or government agencies passively. There has been an increase in citizen activism and participatory democracy, and the public wants a voice on policies that affect their lives. Public consultation has proved crucial to the location of any new prison or community residential centre. This has meant a major shift from the formerly closed and inward-focused culture of corrections. It is important for corrections officials to deal openly and actively with the community, as well as to invite their participation in the correctional process.

A strategic approach to communications begins with understanding the mission and values of corrections, getting the messages straight, and understanding the audience. Correctional organizations must have delivery mechanisms for communications in place, and staff who are well-trained and committed to the task.

The Media Bjorn Weibo, Director General Prison and Probation Administration, Sweden

Surveys reveal a decline in the public's respect for, and confidence in, the criminal justice system in Sweden. The public's view is that crime is increasing rapidly, and this leads to fears of becoming a victim. But the amount of violent crime is greatly overestimated by the public. Public opinion holds that sentences are too lenient, and that imprisonment should be used much more. There is a general view that the correctional system does not work well. The public's source of information about the criminal justice system is primarily the media, and fi-om stories that are passed along from individual to individual.

Prisons are traditionally closed environments, and in the past, prison authorities have been reluctant to disclose information to the public. In part the insularity of prisons relates to the symbolic nature of the prison in society as the institution that separates criminals ("them") from the rest of society ("us"). The media are highly competitive, and, with the advent of electronic news gathering, move very fast. Their credo is "the public has the right to know," and they will pursue every angle of a story.

One would think that, recognizing the reality of the media, prison administrations would have good programs to ensure that the public is well informed about the criminal justice system. A recent study of prisons and the media in European countries by Hans Tulkens shows that this is not the case, however. Almost half of the 22 nations surveyed indicated a very restricted role for governments to inform the public through the media. Lack of information, and lack of readiness to provide information are seen as somewhat suspect at a time when accountability 43

to the public is taken for granted. The effect is to lower the credibility of prison policy and reinforce criticism. This serves to maintain prejudices about prisoners and diminish the social status of the staff. The challenge to prison administrators is to change the closed culture of prisons, and begin to seek publicity. 'While negative news cannot be stopped, it can be placed in context. The media are an asset to those who are bold enough to work with them honestly and fearlessly.

THE FUTURE

Value 8 /t is our conviction that the degree to which we are capable of adopting a future-oriented approach and responding to change will determine the excellence of corrections.

Quality Service and Accountability Wally Cheney Mechanisms in U.S. Federal Corrections U.S. Federal Bureau of Prisons

A massive growth in the prison population has challenged the Bureau to achieve the goals of humane confinement and providing meaningful programs (work, literacy and drug treatment).

Program evaluation information has been combined with strategic planning into a "strategic management cycle." Planning involves individual wor1cing units, so that the line staff are in touch with the mission and headquarters managers are well aware of field initiatives and suggestions.

A grassroots streamlining initiative was launched to identify functions for reduction or . elimination. These include reductions in staff training, conferences, administrative travel, staff overtime, salary and staffing levels of 10% at national and regional levels and 5% in institutions.

A streamlined capacity planning process allows double bunIcing of 100% at minimum, 50% at medium and 25% at maximum. This is considered a cost effective approach to managing available space.

Independent evaluation teams assess each office regularly and identify trends, measure the "climate" and use the professionalism of staff to determine evaluation criteria. Local staff use self-evaluation guidelines (similar to those used by independent program review teams). Exceptional performance by a unit can defer a program review. Assessments of prison climate are carried out through management by walking around, use of prison social climate surveys and visits by regional directors to meet random samples of staff every 3 years. Program monitoring is achieved through use of a Key Indicator system. 44

Excellence in Corrections: Arnold Barrow Practice Standards

There is a currently a change in approach to criminal justice in Britain, and as in other parts of the world, this involves a hardening of attitudes. The government's expectations from the justice system are not clear. The Criminal Justice Act of 1991 expressed the goals of increasing punishment for serious offenders while reducing punishment for less serious offenders, which led to a significant reduction in corrections populations. This approach was promptly reversed with proposals to increase incarceration of juveniles and adults, making prisons more austere and unpleasant, despite a lack of evidence that increased incarceration will reduce criminality.

It is strongly suggested that the role of corrections is to be agents of positive change, and our challenge is to ensure that our practice reflects our policy.

The Citizen's Charter in Britain specifies six principles against which government agencies should be evaluated. These are: 1) standards; 2) information and openness; 3) choice and consultation; 4) courtesy and helpfulness; 5) putting things right and 6) value for money These are useful measures to determine whether prison and parole services are effective. It is useful both to evaluate ourselves and to have others evaluate us. The British Probation and Prison Services have been evaluated according to the Charter principles. Value no. 3 of the strategic framework document is a fundamental belief of probation officers. Not only can the majority of offenders be dealt with in the community, but because prison makes bad people worse, we must limit its use.

Crime Prevention Christian Tronning, Director General Department of Prisons and Probation Denmark (submitted)

Crime prevention measures can benefit the offender and the community by providing an opportunity for the offender to exercise choice and assume social responsibilities. Society is better protected by implementation of community measures rather than isolation. Denmark has a national crime prevention council with 45 member organizations drawn from all parts of Danish society. Following a rise in crime in the 60's, it became clear that crime prevention depended on many agencies worlcing together. The new model of crime prevention has been expanded to two thirds of Danish communities. Pilot projects are taking place with local crime prevention committees. The focus of their work is to give citizens greater responsibility and influence over crime prevention in their community. Projects have also been undertaken to prevent gang-related crime. Cooperative efforts have been initiated with the Red Cross to prevent crime around mental health centers. 45

The results of these measures have been a strengthening of social and professional networks, increased cooperation between various agencies, and decentralization of decision-making to the local level. Barriers include the sharing of information and professional secrecy. Courts have wide powers to suspend sentences and to stipulate special conditions such as community service orders, thus reducing the use of incarceration. Youth contracts are being tried with young offenders. In this approach, parents and the local social authorities develop a contract which is then approved by the police Community sanctions and crime prevention should be undertaken with a balance between protection of society, the reparation of harm to victims, and the needs of the offender.

Emphasis is placed on treating offenders as individuals, use of community sanctions, community responsibility for crime, protection of the public as a primary goal, and partnership to create safer communities. It is clear that the role of corrections in crime prevention is increasingly being recognized. Developing partnerships between educational, health, social services, and criminal justice agencies is seen as an effective way of handling crime both nationally and at the local level. 46

DIGEST OF THE NATIONAL REPORTS

ALBANIA

Mr. Shenepremte, the new Director General, described the reasons for the backwardness of the penitentiary system of Albania. It was absolutely terrible to be a prisoner in Albania. The horrible tortures, both physical and mental, which took place in the prisons of Albania were associated with the dictatorial regime. The purpose of those prisons was not only to punish political enemies, but also to humiliate them. It was a slow way of killing. Sometimes that was not enough and prisoners were physically destroyed. You can imagine the dimensions of this when you realize that the population of Albania was about 3,000,000 people, and several hundred thousand people perished in prison. It was very difficult to find their corpses for they were buried along river banks. This was the situation in all the prisons of Albania, not only the political prisons. Prisons were built in remote areas where uranium and copper mines are located. The prisoners carried out all the most terrible and exhausting jobs there and they worked without wages. As you can imagine, such work is a lcind of torture. Hundreds of thousands of prisoners perished in those mines, but their families did not find out until much later. Many other countries knew that Albania was closed to the rest of the world, but had no idea what tragedies took place in the prisons of Albania.

We know that sometimes police agents pretended that they were wounded by the police and were put into prisons. These agents spoke out against regime to find out who was in agreement with their words. Later all those people who were against the regime were killed. This is the history of Albanian prison system for the last 50 years. As mentioned, the prisons of Albania were in remote areas. They were very poor, and the employees were very cynical. When the democratization of Albania started, the penitentiary system was in terrible condition. Prisoners began protesting against existing conditions. As a result of such protests, many penitentiaries were destroyed. All political prisoners were released. All prisons which were situated near mines were shut.

The new administration of the prison system isn't experienced, but has started to adopt the principles of penitentiary systems of the West. The goal is to give prisoners full human rights as soon as possible. Conditions are being improved. In spite of the poverty, pensions are being given to the old staff of the prisons. Professionals have been hired: educators, lawyers, and psychologists. Because of the rapidity of the changes, people were hired who were not properly prepared for work in prisons and later had to be dismissed. Still new staff members and clergy who now work in the prisons have had a positive effect.

Mr. Shenepremte said that he and his staff had visited several foreign prisons to get necessary experience. He said they had visited Bulgaria, and had greatly benefited from that experience, and expressed heartfelt thanks to Mr. Traikov. He also thanked all those people who expressed their desire to help the Albanian penitentiary system last year at the conference at Popowo. At this symposium some people have again expressed their desire to help. In 47 particular, he thanked Mr. Sotirov who has promised equipment for the prison hospital in Tirana, and Mr. Ferenc Tari, who has extended an invitation to visit Hungarian prisons and has offered assistance. Not only material assistance is needed, but advice on development of staff members. There is no penitentiary school in Albania. He closed by saying that without outside assistance it will be very difficult to improve Albania's penitentiary system.

BELARUS

General Boris Matusevich, Head of the Prison Administration said he would like to support Mr. Moczydlowski's idea of creating a united penitentiary system. Belarus is in a process of developing up-to-date legislation that corresponds to international standards, but the economic situation is such that it is sometimes impossible to put some of these principles into practice. It is not so easy to produce democracy. Some people in Belarus think that democracy means that everything is allowed. For the last two years crime rates in Belarus have doubled. As a result of this, there are about 2,500 prisoners in one prison camp. This creates enormous pressures. It is very difficult to maintain the civil rights of each person under such circumstances. Each prison officer is responsible for 100 or more prisoners. It is very difficult to create an individual workplan for each.

General Matusevich said that in his ten year's experience in the system he had always thought it important to try to change the mentality of criminals, but how? Despite different forms of work, humane and not so humane, the number of criminals who repeat their crimes continues to grow. In his opinion it is almost impossible to change criminal thinking. A more realistic aim is to make the criminal bear the penalty given to him. The civil rights of each prisoner must be protected, but at the same time, criminals must feel that prison is the place where they receive their penalty and not want to return there. He concluded by saying that he thought the discussion at the symposium was very useful and said that it is very important to share our knowledge and our experience.

BULGARIA

Mr. Zdravko Traikov, the Director General of the Bulgarian penitentiary system said that he had been worlcing in the system for more than 20 years. Bulgaria has 12 prisons, two for young offenders, and 18 hostels for pedagogical purposes. Some of these are open or semi- open, and some closed. Non-recidivists go to open hostels. Those sentenced to less than 3 years go to the semi-open hostels, and those sentenced to 5 years go to the closed hostels. Recidivists go to special prisons. On 1 January 1993 there were 8,680 people in the penitentiary system, five years ago the prison population was 17,000. So we can see the quantity of those who were detained is much smaller yet at the same time criminality continues to grow. In 1989 there were 59,600 crimes registered. The number sentenced was 2,400. In 1992 there were 48

230,000 crimes but the number under sentence was only 8,020. This illustrates the crisis in the penitentiary system. It shows that justice is not being done. Before 1990 about 8,000 offenders found themselves in different kinds of hostels and prisons, but in 1992 there were only 1,790 convicted.

Lengthy investigations and delays in bringing cases to trial provoke many conflicts in prisons in Bulgaria. Unemployment is high and only 45% of prisoners work. This in turn provokes new problems. What new measures have been taken? There are new rules in our system of punishment. Inexpedient restrictions for prisoners have been eliminated. For example, there are no more restrictions of visits or correspondence by family members. As an experiment, at Christmas and Easter 30% of the prisoners, including recidivists, are granted leave to spend their holidays at home. Usually only 3 or 5 people do not come back.

There are new guarantees of the rights of the convicted. New rules, adopted in 1991, establish the presumption of innocence of defendants. Recidivists with improved behaviour, serving sentences of not more that 3 years, were sent to hostels with increased freedom. Results of this experiment have been positive. Special high security prisons are used for recidivists with bad behaviour, those involved in rackets, representatives of Mafia and so on. Those who busy themselves with vocational education, or work, in prisons can shorten their term in prison. Two days of work are equal to 3 days in prison. Before that decision was taken between 1990-92, 5 schools out of 10 had to be closed. We can tell that our new rule works because now all schools are completely occupied.

We restored a penitentiary which had been founded in 1923, and abolished in 1944. Now all the money for the penitentiary system which comes from the budget and money from the economic activity of prisons goes into a fund and is put towards the improvement of the penitentiary system. Education and training of employees is under the jurisdiction of the Ministry of Justice. Centres have been created for the psychological testing of applicants and training of recruits. In 1992, certification of all employees was initiated. Their psychological abilities and professional competencies were tested.

The results were alarming: 10% were found to be unsuitable for employment; 30% needed intensive re-training; the rest, 60%, were found to be competent. There are 2,800 employees. Eleven hundred have higher education; 1,500 are security officers. There are 181 social workers, and 193 teachers. As with most of the former socialist countries, there are now new penal laws. We have at our disposal projects of Poland, Russia and Hungary and this cooperation is very valuable. A major problem for adopting the new rules is the mentality of the people which becomes more and more cruel and this has an impact on professional mentality. 49

CZECH REPUBLIC

Mr. Michl said that the Czech prison system issues 3 periodicals: One contains internal information for staff; another is public relations material, there is a contribution to Czech penology; The third is new (only 2 issues so far) a publication for inmates. Public relations is considered very important. There are regular press conferences every two months. A more civilian look has been adopted for our prison staff—less military. The prisons act is being amended. There are 4 kinds of security and treatment: 1) Prisons with supervision: open prisons for offenders convicted of negligent crimes. 2) Prisons with severe supervision: semi- open prisons for offenders convicted of negligent crimes but with previous prison sentences—one third of the staff are armed. 3) Prisons with guarding: closed prisons for deliberate crimes—approximately one half of the staff are armed. 4) Prisons with severe guarding: closed prisons for dangerous irunates with long-term sentences and lifers—three quarters of the staff are armed.

The number of staff totals 7,549, including judicial guards, i.e., those mainly on duty in court. There are now more than 16,000 prisoners so additional staff members have been requested. The ratio of staff members to prisoners is 1:2. The average monthly growth of inmates is 294. If this drops to 200, on Jan. 1, 1995 the prison population will reach 18,700 and by Jan. 1, 1996, over 21,000. This may be too conservative an estimate. Not only new prisons are needed, but expanded recruitment and training of new people. Recruiting levels are poor, because of the low social prestige and anxiety about the need for daily contact with prisoners. Many applicants are rejected on grounds of their low civic probity and moral standards. The training program consists of an induction course, job familiarization, then further training. A new 2 year course incorporating foreign experience is under consideration. The aim is to create conditions that will prevent loss productivity due to psychosomatic illnesses and unsatisfactory personal relationships. Staff training is very much on the agenda. The contributions of the office of International Criminal Justice (University of Illinois at Chicago) are most welcome in this respect. Medical care for prisoners in the Czech Republic was good under the communist system. In many cases, it was better inside than out (for example for gypsies).

ESTONIA

Mr. Valeri Kravets, Deputy Director General, said that the people of Estonia are a very freedom loving and proud people. Estonia was the first of the Baltic States to announce its independence in 1991, at the time of the "coup d'état" in Russia. He said that thanks to his 16 years experience, he understood the psychology of criminals as well as the psychology of the staff of the prison system. It is not easy for Estonia to integrate with the world's penitentiary systems. Following independence, changes to the legislation were initiated. It is necessary to review the criminal law of other countries in Europe and America and to join those civilized 50 countries. Estonia was pushed back thanks to the treaty signed between Hitler and Stalin. The old legislation had to be updated to create a modern prison system. It was changed in a big hurry and there were mistakes made. However it shouldn't be difficult to improve this legislation.

Like other post-communistic countries Estonia has great economic difficulties. The burden is great. Mr. Kravets expressed his deep gratitude to the Scandinavian countries, especially to Finland, and to the director of the Finnish Prison Service, Mr. Lang for their assistance. Canada has also helped. This permits Estonia to advance as a civilized society and to change the penitentiary system. The sooner the penitentiary system is changed, the sooner the promises to the Council of Europe to fulfill human rights in Estonia will be achieved.

HUNGARY

The national report can be found in the paper, , "The Protection of Human Rights and the Hungarian Prison Administration" by Ferenc Tari, Director General, Prison Administration, Hungary which is summarized in the previous section.

LATVIA

Mr. Poksans, Director General of prison administration, said that Latvia has adopted a policy of openness and cooperation with the media. In the past the prison administration was not ready to cooperate--it was psychologically unprepared and afraid of the press. Inmates started putting forward demands: they were often valid, but were based on what they read in the press about conditions in Finland and Sweden. Economic constraints made it impossible for us to meet these demands. Executive regulations aimed at humanizing the system were issued, but these were of a reactive nature and not well thought out, and they led to further conflicts with inmates. They were granted some rights and this made it more difficult to administer prisons. Prisoners were given freedom of movement between cells and this made it difficult to keep order. Prisoners talked to journalists who printed their stories. This provoked prisoners to riots and mutinies. Stories in the media usually described the work of prison functionaries in a negative way and this had a negative effect on staff morale. Better contacts have now been established with the media. Press conferences are organized and prisoners' demands publicized. The availability of films of the situation in prisons has improved relations with the media. An attempt has been made to create a more positive view of prisons by the public.

The recruitment and training of staff is an acute and complex problem. Prison officer is not a very popular occupation. Economic conditions are difficult in this period of transition. State employees earn very low wages and most people are going where the money is. There is also a considerable increase in the crime rate and criminals exert pressure on prison staff to violate the rules. There have been cases of staff supplying prisoners with alcohol. These are difficult situations to deal with. In the past the entire system was based on repressive measures. Staff 51 were taught how to be repressive but they were not taught psychology. No research was carried out. Now recruitment is based on health, educational qualifications and the results of psychological testing. If applicants pass preliminary requirements they study prison matters at the police academy.

This conference is very important, both for theoreticians and for practitioners. There is an acute lack of information. More information would make it easier to convince Ministers of the need to move in particular directions. There is a language problem: what we need is some publications that could be sent out. Maybe we could discuss these maters further. There is plenty of useful material. The assembled papers from this conference are 20 cm. high! A matter worth considering is the right to vote; in Latvia prisoners do not have that right. Another is the need to compare the conditions of prisoners and prison staff. Also there is a need to consider the fact that similar behaviour in prison and outside is treated quite differently: outside a judge rules, inside it is the administration. The punishment of inmates is disciplinary infractions must be made less subjective. Another concern is how to deal with insufficient group leaders in the prison community: this is a real sociological problem.

MOLDOVA

General Sokolov, Director General of the detention department, said that this symposium in Poland is very important. It includes, for the first time, the countries of Western and Eastern Europe, North America, and the countries of the former Soviet Union. Not everything in the Moldovan prison system was bad before. For example, there are many staff members who are well qualified for their work. Research in the penitentiary field is being carried out. Freedom of religion is now recognized. Moldova would like to be among the world's civilized penitentiary systems, and through involvement with people from other countries has been able to achieve many changes.

A new penal law has been drafted and approved by parliament, along with a new criminal code. A new mentality is needed in the Moldovan prison system. It is important to bear in mind that there are different nationalities within Moldova, and it is easy to penetrate the borders. Representatives of the clergy who work with prisoners have contributed to positive change. The prison service will try to work with organizations, including the clergy, who have similar aims for improving the system. The contributions of European colleagues who share their knowledge, ideas, and experience, are very important. It is a hard task to work with criminals. The infiltration of crimes requires working in close contact between prison systems of various countries. In closing, General Sokolov said he would like to underline that we should act according to Mr. Moczydlowslci's advice and expressed the hope that he would be able to invite the participants to Moldova. 52

POLAND

The national report on Poland is contained in the paper summarized in the preceeding section, "The Transformation of a Prison System" by Pawel Moczydlowski, Director General, Ministry of Justice, Poland. A summary of the paper "Human Rights in Polish Prisons" by Andrej Replinski also appears above.

RUSSIAN FEDERATION

Mr. Leonid Shirayev, the deputy director of prison administration, not only prepared a paper "Current Initiatives in Russian Prison Administration," which is summarized in the previous section, but also, in separate remarks, spoke about the staff of the Russian prison system. The total staff numbers about 200,000. Staff members live in very poor conditions, without social services, and about 45,000 of them do not have personal apartments. Many live in remote areas. The attrition rate is high. For every eight who join, only one will reach pensionable age. A highly efficient staff is an important goal for the Russian prison system. Good traditions exist, and, with a well-qualified and devoted staff, high productivity can be achieved. Improving the interaction between staff members and prisoners is a priority.

The Parliament, the Government and the Ministry of Finance understand the problems that face the system and provide all possible assistance, though the times are difficult, and payment of the wages of staff members is sometimes delayed for several months. In spite of these difficulties the system is being rebuilt. The role of the prison officers is changing. At present the security function is carried out by the forces of the Ministry of Interior Affairs. A project is underway to transfer these responsibilities to the Office for Enforcement of Penalties. In future, the work of the prison officers will on a contract basis. This will be better for the young people. At present, youths 18 years old are responsible for security. It is important to attract more mature people to fulfill these duties. For a future meeting Mr. Shirayev proposed the theme: "the staff of the penitentiary system." He stressed the importance of speaking about training and other issues relating to the prison staff.

Professor Yakov Gilinski of the Institute of Sociology in St. Petersburg put forward 5 theses that can help us to evaluate different penitentiary systems: The first thesis: It seems that all absolutely all people commit some lcind of crime, that is, criminal actions according to the criminal code. For instance, if in Russia one calls somebody fool or a scum he could be made accountable for it according to article 131 of the criminal code. Therefore, it seems that we should not divide humanity into the criminals, and the law-abiding. We are human, and the possibility that one of us may break the law cannot be excluded.

The second thesis is that criminality in society existed before, exists now and will exist in the future, as long as society itself exists. It seems that no punishment can abolish criminality or even reduce it, therefore we shouldn't rely too much on any penitentiary system. The third thesis is that any penitentiary system is bad because it strips a person of a freedom and freedom is one of the highest values of a human being. Besides that, a penitentiary system 53 cripples a person psychologically and very often it cripples physically too. It happened often in our so-called "Gulag." Moreover, a penitentiary system is an institution that improves criminal qualifications. The Fourth thesis is that in spite of all this a society cannot exist without a penitentiary system, because it is the only means of social-defence. The Fifth and the last thesis is that as far as the penitentiary system exists it is very important for the society what kind of system it is: whether it is a bad system or a very bad system. Our main task is to find ways to improve these systems, and to get rid of their bad consequences.

Professor Gilinsld said he would like to add a few of words to what Mr. Shirayev has said about the Russian penitentiary system. A very old tradition which existed in Russia even before revolution, is that a big difference exists between law and practice. Now the law is being changed, but it penetrates very slowly into the penitentiary system. For the first time in history in Russia, the prisoners can now make phone calls. However, whether the administration has the technical capability to let prisoners use telephones is another matter. Another example: A famous St. Petersburg prison which was built for 1,000 people, now has 6,000 or 7,000 prisoners. So the situation there is very, very bad.

UKRAINE

The national report on the Ukraine is summarized in the paper " Public Participation" by Vladimir Lyovochkin, Deputy Director of Prison Administration, Ukraine which is found in the preceeding section. 54

CONCLUSION

The closing session began with consideration of proposed amendments to the framework. Recommendations were made by the workshop groups for specific changes in the wording of the document, and there was a general recommendation that it be written in plainer language. Proposed amendments to a number of the Values were read out. Comments from individual delegates were also made concerning the appropriateness of the discussion of crime prevention in the document, and a recommendation made for a change in the Title. It was agreed that these proposals would be referred to a drafting committee composed of Brendan Reynolds, Jerzy Jasinski, Vladimir Lyovochkin, Eddie Frizzell and Perry Johnson, and a revised document circulated to all participants. The Chairs obtained the agreement of delegates that there was general support for the strategic framework document, subject to the work of the drafting committee.

Possible follow-up action was reviewed by the Chair. It was noted that three areas of further collaboration had been proposed: 1) Bilateral meetings, 2) Regions meeting together for more focused discussions, perhaps every 6 months (Estonia's suggestions) but perhaps less often in the West, 3) Meetings with staff members. It was noted that this would be costly and this translation requirement would be greater but perhaps every five years there could be a meeting of about 200.

Karl-Johan Lang (Finland) stressed the importance of monitoring what is going on in other forums. He observed that both of the symposia had been very successful, but if there was a move to bigger meetings the results might be less successful. He said that there were already regional meetings in Europe (The Council of Europe, for example) and there was a need to consider whether we could improve on such existing arrangements. At such meetings, the delegates represent governments, while participants at this symposium have had more freedom. He also noted that there has been continuity in the organization of the two meetings and it was important not to lose that. There is also a need to consider monitoring and implementation. Hans Tulkens (The Netherlands) pointed out that Penal Reform International was starting a project to improve cooperation and to have international rules and standards better understood. He said that it would be valuable if they could cooperate with the International Centre and exchange ideas. Bernard Wydra (Bavaria) said that there would be a training conference organized by Poland and Germany in 1994 in Poland. Bjorn Weibo (Sweden) said that symposia along the lines of the present one should be continued. Every five years was not often enough; they should be at least every three years. They should focus on special items and that participants should be selected persons rather than governinent representations. Regional meetings should be as often as the regions want. Dr. Anton Reis, Deputy Director General (Slovakia), said that it was impossible to have absolute liberty or absolutely humane arrangements in prisons; they would reflect conditions in the society. This conference had been very valuable and he proposed it as a candidate for a Nobel award. It was not possible to export prison conditions but we could export information. 55

John Edwards (co-chair) noted that there seemed to be general agreement that the regional meetings would be valuable for follow up to the directions agreed upon in this symposium. Vince Del Buono invited participants to send any firther comments to on the strategic framework to Michael Hale. He said that once the document was settled, probably by January, 1994, it would be tabled by the International Centre at next meeting of the UN Commission on Crime Prevention and Criminal Justice in April, 1994, with a view to consideration at the UN Congress on the Prevention of Crime and the Treatment Offenders early in 1995. He proposed that participants try to meet at that Congress.

John Edwards then made his final comments. He described a number of themes and issues that had come out. These were as follows:

1. The paradox of corrections professionals who wanted to get people out of prison while society sends more and more in.

2. The need to accept that the leaders in the correctional field have an obligation to put squarely before politicians, the media, and the public the unpleasant truths: Paroling offenders during their sentence is risky, but less so than releasing them unconditionally after they have finished their sentence. Many offenders began their lives as victims. The idea that crime can be reduced by putting more and more people in jail is a myth. There is a need to speak out on behalf of a group of people who are among the most rejected in society and yet are entitled to be treated in ways as consistent with human dignity as the safety and security of others permit.

3. We do not really understand each other's environnent (West and East). The learning that took place during the symposium was in both directions. The West learnt about the East's current situation and challenges; the East learnt about the divergent views and self- criticism in the West.

4. We have heard a lot about values. These are things that can be done without money.

5. There is a general awareness that we cannot have one model for all types of prisoners.

6. There is a need for professionalism, both our own and that of our staffs. Well-trained staffs are very important.

7. It is important to look at what works and what does not. There are real opportunities to consider new approaches and learn from one another. 56

Pawel Moczydlowki (co-chair) said that such meetings should be held more frequently. After the collapse of communism there had been a boom in the discussion of such matters. There was a feeling that one cannot have enough of such conferences, certainly the Eastern European countries want to have more such meetings. There has been an interest in Poland in this conference both in the press and on television. Such conferences promote the positive changes that we are malcing, he said. "I feel safer with my program of reforms after this conference." He thanked everyone for coming and said that he himself had gained something from the conference. He proposed to organize a conference in July 1994 for post-communist prison systems (others would be welcome as observers). He reminded the participants of his remark during the opening session that the symposium was "doomed to succeed."

Vincent Del Buono, President of the International Centre, closed the proceedings by thanking Pawel Moczydlowslci and the Polish Prison Service for hosting the symposium, the Correctional Service of Canada for sponsoring it and the Swedish National Prison and Probation Administration for making a contribution towards the costs of East European visitors. He also thanked Michael Hale for the substantial background work entailed in the preparations and organizing of the symposium. APPENDIX A

Recommendations for Changes to the Strategic Framework

The following changes were proposed to the strategic framework document:

PROPOSED NEW LANGUAGE FOR VALUE 1 (Drafted by Mssrs. Bronstein, Jackson, and others):

JUSTICE AS THE CORE VALUE

"Corrections is that component of the Critninal Justice system which has the greatest impact on the freedoms, liberties and rights of individuals. Therefore, those of us who are involved in corrections must have respect for fundamental human rights as our highest priority in every aspect of our work. We believe in:

The inherent human rights of all people fairness and equality under and before the law the dignity and worth of individuals managing with honesty, openness and integrity"

Principles:

"All relevant international and other standards, rules, covenants and treaties relating to the rights of offenders must be observed in the laws, policies and practices of correctional systems. Our foremost duty should be to promote, in our staff and with the public, respect for the inherent dignity, humanity and worth of all individuals, including offenders."

Group 1

Working Group 1 recommended the following changes to the Values:

Value 1 A supporting statement: We believe that Core Value #1 requires that as a minimum all nations strive to implement and comply with U.N., Council of Europe and other with international standards where applicable. The full application of Core Value #1 will require that countries strive to move beyond these.

Value 2 "Fundamental to an effective corrections and justice system is a firm cotnmitment to the belief that offenders have the potential to live as responsible, law-abiding citizens." 2

Value 3 "The majority of offenders can be dealt with effectively in the community by means of non- custodial correctional programmes; imprisonment should be a last resort."

Value 4 "In the interest of public protection, decisions about offenders must be based on validated risk assessment and risk management."

Value 6 "Competent and trained staff are our most important resource and are essential to an effective correctional system."

Value 7 "The public has a right to know what we do and should participate in the criminal justice system and be given the opportunity to do so."

Value 8 "The effectiveness of corrections will depend on the degree to which we are capable of shaping the future and responding to change."

It is recommended that the document avoid repetition of the phrase "We believe..." in the Values.

Group 2

Worlcing Group 2 proposed the following changes to the strategic framework document:

I. Provide a more explicit human rights focus to the document.

2. Value #2 should be amended to recognize that many offenders, particularly women and other disadvantaged groups, are themselves societal victims.

3. Amend value #7 to provide that the community is entitled not just to information about corrections, but also to access to prisons, and to participate in the running of prisons.

4. The responsibility of corrections to provide leadership in the development of public policy should be reflected, perhaps in the introduction or in value #8

5. We should try to use more direct language in the document. 3

Group 3

Worldng Group 3 reconunended the following new wording for core value 6:

"We believe that a carefully recruited and properly trained and well informed staff are essential to an effective correctional system."

Re: The proposed new wording for Value 1: Working group 3 had general consensus that the words "our highest priority" should be deleted. The main argument being that the core values are all important and if you give priorities to one or more core values, you have to be consistent and do it in respect of all. By deleting the words "as our highest priority" nothing is lost and the specific core value loses none of its importance.

Prison Fellowship International

Prison Fellowship International recommended the following change in wording of Paragraph 3, page 10 of the "Towards Excellence" document:

"We believe that volunteers from religious, spiritual and other community groups can make a valuable contribution to effective corrections and will encourage and support their active participation. And we will forcefully advocate for a greater public involvement at all levels of the criminal justice system." APPENDIX B

The Second International Symposium on the Future of Corrections

October 4th to 8th, 1993

LIST OF PARTICIPANTS

Jorgen Balder Allen Breed Director of Staff Training National Council on Crime Department of Prison and Probation and Delinquency Ministry of Justice U. S.A. Denmark Alvin Bronstein Arnold Barrow Executive Director Chief Probation Officer The National Prison Project of the Suffolk Probation Service American Civil Liberties Union England U. S. A.

Alexandr Beca Hendrik Jacobus Bruyn Substutute of Psychologial CHAIR Chief Deputy Commissioner HEAD Functional Services Ukrainian Penitentiary Institute MVD Department. of Correctional Services Ukraine South Africa

Dumitru Berdos Stephen A. Carter Inspector President International Division Carter Goble Associates Inc. Prison Department U. S. A. Moldova Wally Cheney Jonas Blazevicius General Counsel Director of Prison Department Federal Bureau of Prisons Ministry of Internal Affairs U.S.A. Lithuania Ian Chisholm Bill Bontrager Head Prison Fellowship International Division of Inmate Administration U.S.A. U. K. Prison Service England 2

John W. Conroy Lajos Garami Barrister Deputy Head of Law Enforcement Conroy Hammond & Co. Ministry of Justice Canada Hungarian Prison Administration Hungary Vincent Del Buono Past President Michael K. Gatling International Centre for Executive Assistant Criminal Law Reform American Correctional Assoc. and Criminal Justice Policy U.S.A. Canada Yakov Gilinskij Jashar Demiri Deputy Director Deputy Director General Institute of Sociology Prison Administration Russia Republic of Albania Michael Hale Alexandru Dospinoiu Senior Associate Director of Prisons International Centre for Ministry of Justice Criminal Law Reform Department of Prisons and Criminal Justice Policy Romania Canada

John Edwards Làsz16 Huszàr Commissioner Sociologist Correctional Service of Canada Administration Office Canada Hungarian Prison Administration Hungary Mitch Egan Governor Michael Jackson U.K. Prison Service Professor of Law England The University of British Columbia. Canada Stelian Fratila Teacher Jerzy Jasinski Ministry of Justice Institute of Legal Studies Department of Prisons Polish Academy of Science Romania Poland

Edward W. Frizzell Perry Johnson Chief Executive President Scottish Prison Service American Correctional Association Scotland Johnson Kime and Associates U.S.A. 3

Alexej B. Kavetsky Derek Lewis Head of the Legal Department Director General Belarus Prison Administration U. K. Prison Service Ministry of Interior of Belarus Home Office Republic Belarus England

Péter Kéthelyi Vladomir Lyovochkin Deputy Governor Deputy Director Pélhalma Prison of Prison Administration Hungarian Prison Service Ukraine Hungary Alison MacPhail Jerzy Kielbowicz Director General Head of International Relations Department of Public Security Central Prison Administration Corrections Research & Strategic Ministry of Justice Policy Poland Canada

Valeri Kravets Stephanus Philippus Malan Deputy of General Director Chief Deputy Commissioner Estonian Correction Department Operational Support Estonia Department. of Correctional Services South Africa Ales Kyr Director of Secretariat of Maureen A. Maloney General Director Deputy Minister Prison Service Ministry of Attorney General Czech Republic of British Columbia Canada Karl-Johan Lâng Director General Boris I. Matusevich Department of Prison Administration Deputy Minister Ministry of Justice Internal Head of Finland Prison Administration Ministry of Interior of Belarus Asbiorn Langâs Belarus Deputy Director General The Royal Ministry of Colin McKenzie Justice and Police State Manager Norway Community Corrections Tasmanian Department of Justice Australia 4

Otakar Michl Brendan Reynolds Public Relations Assistant Commissioner Czech Prison Service Correctional Service of Canada Czech Republic Canada

Pawel Moczydlowski Andrzej Rzeplinski Director General Member of Polish Section Ministry of Justice Helsinki Committee Poland Poland Joe Mullens Area Manager Olga Salfetnikova East Midlands Information Officer U. K. Prison Service Prison Administration England Ministry of Interior Latvia Stefka Naoumova Associate Professor Ali Shenepremte Institute of State and Law Director General Bulgaria Prison Administration Albania Anthony C. Newland Chief Deputy Warden Leonid Shiryaev California State Prison - Solano Deputy Director California Departmernt of Corrections Prison Administration U.S.A. Russia

Benjamin Odio Chan Robert L. Smith Legal Advisor Consultant ILANUD Criminal and Juvenile Costa Rica Justice Administration U.S.A. Stanislav Poksans Director General Eugeni Sokolov Prison Administration General Director of Detention Ministry of Interior Department Latvia Ministry of Interior Republic Moldava Anton Reis Deputy Director General Ivan K. Sotirov Prison Administration Regional Director Slovakia Prison Fellowship International U.S.A. 5

Ferenc Tari Brian R. D. White Director General Director of Prison Regimes Ministry of Justice Northern Ireland Prison Service Hungarian Prison Administration Northern Ireland Hungary Bernhard Wydra Zdrawko Traikow Leitndar Regierungsdirektor Director General Bayerische Justizvollzugsschule Prison Administration Germany Ministry of Justice of the Republic of Bulgaria Bulgaria

Anthony Travisono Director International Institute for Correctional Studies Sale Regina University U.S.A.

Hans J.J. Tulkens Ministry of Justice Directorate-General of Prison Administration Netherlands

Eeva Virkkunen Inspector General Ministry of Justice Department of Prison Administration Finland

Roy Walmsley Consultant to HEUNI Home Office Research & Statistics Department England

Bjôrn Weibo Director General National Prison and Probation Administration Sweden SOL GEN CANADA L BIB MI 111111 11 0000030032 I

DATE DUE

HV 7243 1591 1994 Second International Sympos ium on the future of correc tions : report, 1994