Government is aware that drastic action is needed to cut Westgate's
on the Island's penal system A stern prison regime strictly for hardcore offenders is being put forward by Home Affairs Minister Paula Cox as Government seeks to keep less serious offenders out of the overflowing Westgate Correctional Facility.
Government said the long-term plan would slash rising inmate numbers -- which have sparked protests from prison officers -- while aiding rehabilitation.
The Alternatives to Incarceration (ATI) scheme will be put to Cabinet in September, but a half-way-out house to ease ex-cons back into society is set to open in November.
The Minister urged greater use of alternative sentencing to stop fine dodgers and child support non-payers clogging the Island's penal system.
Ms Cox said a half-way-in facility for civil offenders was a possibility to keep them separate from criminals who needed to be kept within Westgate's maximum security environs.
Offenders would carry on working to pay off their debts, but would be locked up at weekends or when they were not working.
Other options chewed over by a working group, including legal professionals, businessmen and Prison Commissioner Edward Dyer, included: mandatory programmes for prisoners; breathing new life into the community service programme; a residential facility for low-risk offenders to get them back on track; and wage attachments and asset seizure to be used to get cash from non-payers.
With recidivism rates of 83 percent contributing to Bermuda's bulging prison system, Ms Cox said she was acutely aware that radical action was needed.
She told The Royal Gazette : "The whole point of alternatives to incarceration is to tackle recidivism, to catch them in the half-way-in or half-way-out facility.
"Prison should be a place people don't necessarily want to go and that means it's not going to be seen as a cushy place.
"Prison should be used for those who are a risk to the community and a danger to society.'' And the Minister spelt out that alternatives to prison were not a soft option either.
She said: "With alternatives to incarceration, it's clear you have less option. There are some mandatory programmes. It's not an opt in or opt out programme.'' Martin Law, the civil servant tasked with steering the ATI initiative to meet its September deadline, said: "In my 25 years as a civil servant, this is probably the most exciting and far reaching project I have worked on.
"It's a holistic approach to the treatment of offenders. It's not the lock 'em up mentality, but they aren't soft options either.
"Prison has to be seen by courts and the offenders as an option of last resort.
"There's a likelihood that we'll look at mandated programmes for prisoners with the courts empowered to mandate what sort of work, remedial or treatment programme they'll be required to take.
"The idea is to take away the level of choice.
"The basic principle is there are different categories of offence that require different types of treatment.
"We're looking at a graduated system of court-imposed sanctions. From being bound over, to fines and right on up to prison.'' Mr. Law revealed that a community service regime would be developed. Currently magistrates avoid imposing community service because the infrastructure is not in place to make it happen.
"We are looking at a residential but non-prison set-up for those who aren't high-risk offenders aimed at changing their behaviour that puts people in touch with consequences of their actions and develops their self worth.
"There will be drug education, concentrated treatment and help to identify their future needs for when they go back out into the community.
"But the public safety aspects are paramount so assessment is a key part.
"Judges will be provided with case histories to help them decide where best to send an offender.'' Mr. Law, who is acting Permanent Secretary at the Home Affairs Department, continued: "The Drug Court is an aspect of ATI. With any drug user who comes before the court, because drugs have caused their offending behaviour, the drug court can mandate treatment -- such as a day release programme or a residential detox programme.
"They have to come back to the courts to show their compliance -- again, it's the step-by-step approach.
"It's about addressing the causes of the problem, but if someone needs to be locked up they will be. They won't be on a community service order.
"There's a recurring theme that there are people at Westgate that shouldn't be there. Government accepts that. ATI is the vehicle of providing Government with other options. It's a work in progress.
"If looking at the big picture, you have to look at the whole of it. That's what we're trying to do here.
"It's a mind set change for the community as a whole.
"We need to reassure them that it's not a soft option approach, it's the Government's approach to take the bigger view.
"Nobody will elect to go to prison in this new system because it's easy.
"Right now people go straight to jail but under this people will be given the chance to fulfil their obligations without going there.'' He said law changes were needed, but some could begin as early as the session beginning in November.
Ms Cox also revealed the department was looking to set up more community-based sanctions.
She said: "For instance, more of the sort Woodshop Plus rehabilitative programmes which have a structure and monitoring so people who are salvageable are given an opportunity to get a leg up.'' Forfeiture may be slapped on non-payers, said Ms. Cox, under ATI.
"You can use people's assets. We are a very consumer-orientated society, with all the accoutrements such as cars.
"Where people are delinquent, you have to consider whether there should be a much harsher approach in making sure they pay.
"It would require a change in the law. It's something being considered by the judiciary sub-committee on alternatives to incarceration.
Ms Cox said the jailing of so many `civils' was creating problems further down the penal chain.
"We're having resounding success from the magistrates' point of view with the money they're recovering from people who have civil judgments or owe child support, but success comes at a price because we're using the prison service in a way that has hitherto been unexpected.
"There are other legal options but it's not for us to tell magistrates how to do their job.
"You can go to employers and have attachments to their wages. I don't know if this is used but they are remedies the court has.'' She said Mr. Dyer would be raising it with the Chief Justice.
"Are all the remedies within their sphere being used? It's a different way of doing things, but before you never had the civils being sent to prison.
"I don't believe the remedy is to build more rooms in the prison.'' See Editorial: Page 4 Paula Cox