7 months in adult jail for WA children

Youth justice advocates have long called for a better approach to reducing the number of children and teenagers incarcerated under WA's justice system - part 1.

7 months in adult jail for WA children7 months in adult jail for WA children

7 months in adult jail for WA children

In an adult jail in Western Australia, it's claimed children and teenagers are locked in their cells for up to 20 hours every day.

 

It's been like this for months.

 

The young detainees were moved to Hakea prison after a riot at the state's only juvenile detention facility left it mostly unlivable.

 

A riot that the state's inspector of custodial service ruled was entirely predictable.

 

In part one of a special two-part series, Ryan Emery looks at the state of Western Australia's youth justice.

It's late January and months of frustration have boiled over.

 

Western Australia's only juvenile justice detention centre is in riot.

 

About half of the 206 detainees have broken into and out of cells, trashed their facility and caused about 400 thousand dollars of damage.

 

Fast forward to August, and the state's Inspector of Custodial Services Neil Morgan has delivered a much-anticipated report into the incident and the handling of youth justice in Western Australia.

 

His report makes 35 recommendations, and finds the riot was entirely predictable.

 

"We had too many lockdowns. We had staff shortages. The young people were simply not being given the type of regime that, frankly, legislation and common sense require. So there was a strong element of frustration and I believe that partly explains why their focus was on property damage and why they did not target staff. There seems to have been an element of frustration there."

 

Nineteen-year-old Jason was in Banksia Hill during the riot.

 

"Before the riot happened, man, it was just crazy. Lockdowns. Sometimes you'd only go half day of school and you'd come back and you'd be locked down for four or five hours. Get out to make a phone call and then you're locked down again. Just basically in your cell 20, 18, 20 hours a day."

 

After the riot, the detainees, most of whom were Aboriginal, were moved to Hakea (hay-key-ah) adult prison - where they were often handcuffed and stripped searched.

 

Jason says conditions became much worse.

 

"When I was in there, it was all indoor. There's airlock doors and stuff. You only get out like two or three days a week, if you're lucky, outside, hardly any phone calls. You're basically in your cell - all day, every day."

 

Exactly how long the detainees are being kept in their cells is not clear.

 

In his report, the Inspector of Custodial Services Neil Morgan criticised the Department of Corrective Services for failing to record how long detainees were locked down for.

 

A few months after the detainees were moved to Hakea, a Supreme Court case began challenging the legality of the move.

 

The case was dismissed, but during the brief trial it emerged that Western Australia has the nation's lowest ratio of youth custodial officers to detainees - and also very high levels of stress leave.

 

The lack of staff means less access for the detainees to rehabilitative services and recreation, and more lockdowns.

 

Compounding it all has been the privatising of the state's former juvenile detention facility for people on remand.

 

It now houses 18 to 24 year olds who are transitioning from detention to the community.

 

This means detainees on remand and sentenced offenders are now housed in Banksia Hill.

 

Critics say this move increased tensions in the centre and put more pressure on the staff.

 

The West Australian Minister for Corrective Services Joe Francis says amalgamating the detainees wasn't the problem - his department didn't handle it properly.

 

"There's not an awful lot of surprises in this report for me. It highlights and backs up a lot of what I've been saying in the past few months about the structure, the management and the culture within the Department of Corrective Services. Staff shortages for example with youth custodial officers. The department clearly, since going back to the start of last year, failed in its duty to recruit and train enough youth custodial officers. So why you have a workforce, like any other workforce that has a rate of natural attrition, your numbers are going to fall. You have to continually recruit and train people to fill those vacancies. That didn't happen."

 

The Barnett government has begun hiring more custodial staff.

 

But critics say WA governments - regardless of which party is in power - have failed to stop young offenders, the majority Aboriginal, from ending up behind bars.

 

Western Australia's Commissioner for Children and Young People says the state is lagging behind the rest of the nation, and cites New South Wales detention levels as an example.

 

"They used to have about 350. They're closing detention centres in New South Wales and they've got about 250, so if you think about New South Wales and Victoria and their populations being considerably more than Western Australia, you have to ask yourselves the question; 'Why is this the case?' and I think that one of the main reasons is we haven't been investing sufficiently in diversion programs and we haven't been investing early on when children first come into contact with the criminal justice system."

 

Chair of the National Indigenous Drug and Alcohol Committee Ted Wilkes says WA hasn't been adequately tackling the root causes: family dysfunction, drugs, alcohol and generational abuse.

 

"I think mainstream Australians are still reticent, reluctant to take the advice of Aboriginal leaders seriously. And sometimes we get patronised, and that's not a good thing. So I work in research and data collection. I know what best practice is. I know what the evidence base is and sometimes, I put the evidence up with colleagues, non-Aboriginal colleagues, only to find that governments take a populist view, and we sometimes miss out on providing good advice to good policy and government because of that."

 

Commissioner Michelle Scott says the issue of mental health among young offenders is also not being adequately addressed.

 

She wants the detainees moved back to Banksia Hill as soon as possible and a greater focus put on addressing mental health.

 

"We have a one-day-a-week psychiatrist. We have very few psychologists, so we're not providing effective interventions that will help reduce them offending. The other thing is when they go back into the community. We're not following them up with comprehensive mental health treatments, education, training those sorts of things."

 

The Department of Corrective Services says it has six full-time and one part-time youth psychologists as well as a psychiatrist.

 

A trial is also underway of a Mental Health Court that provides assessment and interventions for offenders.

 

Associate Professor Ted Wilkes says it's locking up young offenders that's expensive.

 

Government figures show that it costs on average more than 600 hundred dollars per day, per detainee, but for diversionary programs it's an average 77 dollars per day, per participant.

 

In a recent one-year period, it would have cost less than 30-thousand dollars for diversionary programs, but almost 200-thousand dollars more for detention.

 

Associate Professor Ted Wilkes says a whole-of-government approach is needed to help offenders and their families.

 

"We've set up governments to look at close the gap. Kevin Rudd comes through and says sorry. It's all well and good, but the word sorry ain't going to make it, at the end of the day. It's going to be the rearranging of the resources, or the rearranging of the mindsets or the addition of additional resources that will win the day for us."

 

The Corrective Services Minister Joe Francis says his Liberal government is listening and will increase diversionary funding.

 

This follows a period since 2009 when funding for community corrections has been falling, according to government figures.

 

Minister Joe Francis.

 

"If we start to invest more money now, from within existing budgets even into these program to try to prevent kids from crossing that line that will mean they'll end up in jail, then that's money will spent, but there is a point of equilibrium on this and I think we can move closer to it, but it's not unlimited."

 

The Inspector of Custodial Services says he doubts if the young detainees are moved back to Banksia Hill until late in the year.


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