Managerialism and the Responsible Prisoner - Risky Systems?

1. Prison Foundation Conference Nov 9 2010 UNSW Managerialism and the Responsible Prisoner - Risky Systems?

2. Australian Prison Project • Why the rise in the use of imprisonment? • Why are the states different eg Vic vs NSW • What is the effect of the rise in imprisonment on vulnerable groups • Effect of “penal culture” • Effect of sentencing regimes, bail, parole • Effect of new paradigms of “risk”

3. Sentencing, Risk and Rehabilitation • Analysis of NSW sentencing legislation particularly the aims of sentencing • In the light of prisoners experience of the sentence – both as an in court performance and as lived experience. What are the “subjective expectations” of prisoners ( to display/ feel remorse, to be denounced, rehabilitated etc and display appropriately.)

4. “Risky Systems” (Halsey2008) “We’re Alice and they’re the White Rabbit” (Prisoner J 2) “There are also programmes and procedures which, far from working to foster desistance in offending, literally assemble the conditions for recidivism and repeat incarceration” (Halsey 2008: 1212).

5. Managerialism and the responsible prisoner • Paradox (Garland 2001:188)– emphasis on economic rationalism while spending $1B pa on prisons • DCSNSW e.g. Auditor General’s report on Rehabilitation • Fits well with reliance on risk assessment and “what works”

6. Sorting bodies • “ But the attitude is “you are not people, you are a thing to be moved from A to B and whatever we can do to make that unpleasant we will do .”(Prisoner LB3) • “Prisonisation” ( Goulding 2007) • Sorting by ethnicity – Goulburn, other parameters – classo, protection, non associations. • Mundane correctional incidents can have an impact on how sentence is served and ultimately whether parole is available at EPRD

7. Classo • “ Always just an E... All the way through... Released from maximum security every time. They say “Here’s a dole cheque – on your way... (That’s happened) about 10 times now” (PrisK1) • Centrality of classo “The holy grail” – reduction in classo , access to external leave and work release ( 126 in NSW on work release) • Risky categories • Non citizens and potential deportees ( Grewcock 2009)

8. Movements or “ the tour of the state” • “ I been to Silverwater, Long Bay ,Kempsey MRRC, Lithgow in between, X wing and next door “ (Goulburn)( Pris2G) • DCS has the equivalent of a full prison on the road on any given day, Holcroft case. • Often arbitrary and disruptive – of program involvement, work ,contact with family

9. The Rules • “ Every day is anew set of rules. As soon as I walk out of my cell I look down the stairs to see who’s in charge ... Cause I want to know which rules I’ve gotta go by.” ( Pris G2)

10. Discipline • “You just put your hand up cos you get found guilty anyway ,so why delay the punishment ... Just get it over with” ( Prisoner G2) • Increasing power of prison over discipline “may” refer to VJ • Breadth and scope of discretion – prison as judge, jury and executioner • Effect of disciplinary charges on EPRD

11. Protection • “They reintegrate... But a lot of time s someone finds out and the blokes go in again” ( PrisDD1) • “If you’re on protection people start passing on rumours” ( Prisoner J3) • Large numbers now on protection – some prisons are now virtually protection prisons • Issues for “mainstream” prisoners when required to go on protection to do programmes

12. Segro and other “special” regimes • “Good Order” - broad rationale, not punishment (Sotiri 2003) • Useful for general discipline “the fear of the supermax” ( Pris DD1) • Mental health implications of supermax • “the isolation is exhausting – you ‘re constantly battling with yourself” ( Pris G2)

13. Case Management and Throughcare • “ I overheard her early in the piece , go “ You maggots!” I’m going to go up to her and talk to her about my innermost secrets aren’t I?” ( PrisLB3) • “ The officer goes “ Any probs -Nah - and that’s it!” ( Pris j2) • “ They use it for intelligence gathering “ • ( prisoner DD1)

14. SORC • “ So you know what annoys me you’ve got these big wigs sitting in Sydney that don’t deal with you every day” (Prisoner K1) • “They said “Pathways, what pathways ,we ‘re not having pathways!” (Prisoner LB3)

15. Resistance and Compliance • “Now ,if you lock an animal in a cage and you beat it with a stick ,when you let that cage door open the animal’s going to attack the first thing it sees. And that’s basically what happens in gaol.”( PrisJ2) • “And we do bad things in here, Every day something bad happens ,someone who deserves it . That’s part of gaol. You know, you’ve got heroes you’ve got followers , people do anything for a shot” ( Pris G2)

16. Relational issues • Prison officers and prisoners • “Oh some of them just take their job personal and its not about rehabilitation to them”(Prisj2) • “They’re just serving their time,just like the prisoners .”( Pris K1)

17. Relational issues • Prisoners and prisoners • “Someones’ gunna get killed in here -there’s always fights in three outs”(Pris K3) • “Young blokes want to do things to get at me... They want to prove themselves”. ( Prisoner G2)

18. Drugs and power • “If you get hold of the powder , you’ve got the power. The powder rules.” ( Prisoner G2) • The “good old days” • “ There was honesty, integrity ,certain rules to stick by.” (Pris J4)

19. Individualisation and the responsible prisoner “ The prisoner’s progress through the penal system is , within certain clear constraints, a matter for them to decide, by making the appropriate choices from an assortment of possibilities ,the prisoners are thus to determine their own progress through the institution” ( Pratt 2005;186) Ignores structural barriers to progression, presence of “risky systems”