The Report of the Ministerial Group on Offender Reintegration September 2015 THE REPORT OF THE MINISTERIAL GROUP ON OFFENDER REINTEGRATION Contents Page no. Ministerial Foreword 2 Introduction 3-4 Community Reintegration: Identifying the Issues 5-11 Improving Reintegration: Opportunity for Change 12-16 Towards A Collective Response 17-19 Annex A – Group Membership 20 Annex B – Ministerial Commitments 21-24 September 2015 Justice Directorate Scottish Government 2 Ministerial Foreword Positive progress has been made in building safer and stronger communities in Scotland in recent years. Reconviction rates in Scotland1 are at their lowest in over 16 years falling roughly in line with the overall fall in crime. Tackling reoffending is a key element of the Scottish Government’s Justice strategy. Reoffending creates victims, damages communities, wastes potential and costs the Scottish economy approximately £3 billion per year. Although there has been progress, work remains to be done. However, factors outside of the control of the criminal justice system affect reoffending. The work of this group has found that reoffending is a complex social issue and there are well established links between persistent offending, poverty, homelessness, addiction and mental illness. When transitioning from custody to the community, gaps in access to vital support services and basic needs can hamper attempts to desist from offending. Not all structural factors and social factors are amenable to change by the criminal justice system, but it is important to note that many different bodies and agencies must work effectively and collaboratively to support those in our criminal justice system who may face challenges in multiple areas of their lives. This short life working group has come together to look at the contributions that a range of Ministerial portfolios such as housing, local government, community safety, employability welfare, healthcare can make to the reintegration of individuals post release from prison. We want to set out a vision of justice where people are held to account for their offending, but thereafter supported to be active and responsible contributors to their communities. This implies a willingness and collaboration from all of society to support successful reintegration back into the community. And it is collaboration which is at the heart of the Community Justice (Scotland) Bill which was introduced to the Scottish Parliament on 7 May 2015. The Bill will help create a stronger community justice system which will deliver better outcomes for our communities. The Ministerial Group on Offender Reintegration wish to extend their thanks to all those who contributed to the meetings. Five meetings of this group could not do justice to every aspect of an issue as challenging and multifaceted as the improvement required to secure the reintegration of individuals leaving prison. There is challenge but also opportunity for change. I will monitor the commitments made by this group through a working group of senior officials. The new model for Community Justice in Scotland will also build on the work and evidence gathering of the group and deliver improved outcomes for community justice. Chair of the Ministerial Group on Offender Reintegration Michael Matheson MSP, Cabinet Secretary for Justice 1 http://www.gov.scot/Publications/2015/03/9783 3 INTRODUCTION 1. Factors outside of the control of the criminal justice system affect reoffending. Evidence has pointed to factors outside of the control of both the criminal justice system and individuals themselves in reoffending. Structural factors, such as lack of stable employment, available housing and other factors, can affect the chances of an individual reoffending. 2. Individuals rely on key public services and third sector services to address a range of basic and practical requirements upon release from custody. Failure to do so in a timely and effective manner is likely to hinder an individual’s reintegration and increase the likelihood of reoffending. 3. In 2008, the report of the Scottish Prison Commission2 called for the Scottish Government to promote recognition across all Government departments, all public services, all sectors and all communities of a duty to reintegrate both those who have paid back in the community and those who have served their time in prison. 4. The Ministerial Group on Offender Reintegration was established in October 2013 to address the demand for better integration between the justice system and wider universal services and to focus attention on the role of non-justice sector contributions to the reintegration of individuals transitioning from custody back to our communities. 5. The membership of the group was drawn from relevant Scottish Government Ministerial portfolios which contribute to an individual’s reintegration journey post release from custody (see Annex A). The group was established as a short life working group with remit to: • Identify and direct activity across Scotland’s public and voluntary sectors which will secure the successful reintegration of individuals serving short term sentences back into our communities in order to reduce reoffending. • Consider the role and need for the effective reintegration of individuals leaving custody within their portfolios. 6. The group met five times from October 2013 to June 2015 to discuss a range of issues via thematic meetings: • Understanding the importance of reintegration for people leaving custody (9 October 2013) • Exploring access to housing (23 Jan 2014) • Employability and access to welfare (15 May 2014) • Provision of healthcare (9 October 2014) • Ministerial commitments - final meeting (4 June 2015) 2 http://www.gov.scot/Resource/Doc/230180/0062359.pdf 4 7. The Group considered the evidence base and also harnessed knowledge and expertise from invited participants to the group meetings in order to identify the most effective ways of facilitating an individual’s access to and continued engagement with wider universal public services post release. 8. The group focused its attention on the reintegration needs of those leaving prison serving short term custodial sentences as this group accounts for the greatest level of reoffending. 9,000 to 10,000 individuals serving short term sentences leave custody per year. 9. This report provides a summary of the evidence, the themed issues discussed and presents the commitments for action from each Ministerial portfolio at Annex B. 10. Alongside the focus of this groups consideration of improvements to the reintegration of individuals leaving prison, it is also important to note wider work within the Justice portfolio to strike the appropriate balance between actions focused on custody and in the community. An announcement, made in June 2015, on wider penal policy recognise the importance of reducing the use of custody in the first place through the presumption of short term sentences as well as enhancing community-based services and developing a custodial estate equipped for the specific needs of female offenders. 5 COMMUNITY REINTEGRATION - IDENTIFYING THE ISSUES 11. The group found that the reintegration needs of individuals in receipt of short term sentences were complex and multi-faceted. This section summarises some of the evidence gathered across the key themes of housing, employment and access to welfare and healthcare provision. 12. An outline of some of the reintegration needs of individuals pre and post release from custody is provided below: Prevalence (Source: SPS Prisoner Survey 20133) Preparation for release A quarter of those in custody had accessed services while in prison in order to help prepare them for release (26%), a decline from 2011 figures (34%). Of those who had accessed services, 70% had sought advice in relation to housing and 41% in relation to employment. Loss of Just over half (51%) of prisoners lose their tenancy tenancy/accommodation or accommodation whilst in custody. whilst in custody Don’t know where they will One third (35%) did not know where they would be live after release staying upon their release. Alcohol problems 45% reported being drunk at the time of their offence. One in five reported that drinking affected their ability to hold down a job and over a third admitted that their drinking affected their relationship with their family (35%). Smoking Three quarters reported that they were smokers. Three in five who did smoke, expressed a desire to give up (60%). Two in five had already tried to give up smoking in the last 12 months (39%). Long term health problem Over a quarter (29%) of prisoners surveyed and disability reported a long-term illness and 25% reported a disability. Mental Illness 27% of prisoners had accessed mental health services in custody. Substance misuse Two-thirds (62%) reported using drugs in 12 months prior to entering prison. One fifth (20%) reported that they had used drugs in the month prior to the survey whilst in prison. 39% state their drug use was a problem for them in the community 3 http://www.sps.gov.uk/Corporate/PrisonerSurvey2013MainBulletin.aspx A biennial survey distributed to all prisoners in all establishments - 60% response rate. 6 and 39% were under the influence of drugs at the time of their offence. Literacy & Numeracy One fifth of prisoners reported having a difficulty with writing (17%), numbers (14%) and reading (13%). Around three quarters of those with problems said that they would like help. 13. Whilst programmes within prison may help individuals to address some