THE POSSIBILITY OF INCLUSIONARY CONTROL? Dr Philippa Tomczak Dr David Thompson

1. THE POSSIBILITY OF INCLUSIONARY CONTROL? Dr Philippa Tomczak Dr David Thompson The University of Sheffield @philippatomczak

2. Me: 1. The penal voluntary sector/ charitable work with prisoners and probationers 2. The regulation of prison suicide (in public and private prisons) by public, private and voluntary sector bodies 3. Ongoing personal drama re: reform/abolitionism. Forced to confront this when writing monograph

3. Voluntary sector = prominent in penal policy, practice and scholarship But we don't understand the (distinctive) effects of its work (Tomczak and Albertson, 2016; Armstrong, 2002) Not hard to find allusions to the benefits of charitable programmes for prisoners and probationers (e.g. Corcoran, 2012: 17; Maguire, 2012: 484; Mills et al., 2012: 392; Meek et al., 2010: 3-4; Neuberger, 2009: 7-17; Silvestri, 2009: 3; Lewis et al., 2007). Flourishing?? BUT limited evidence base AND Net-widening literature suggests that voluntary organisations extend and reproduce exclusionary networks of state carceral control (e.g. Cox, 2013; Cohen, 1985; McWilliams, 1983; Ignatieff, 1978; Foucault, 1977). Can never flourish A conundrum

4. TENSION: (Applies to voluntary sector and more broadly I think) For some, voluntary organisations can empower prisoners and probationers, enabling them to build social and human capital and improving the experience of imprisonment/supervision For others, the 'benevolent' work of voluntary organisations extends control, excludes, increases the scale of penality, and shores up coercive carceral regimes Not hard to find a partisan analysis of these ideas (exclusion of McMahon? Mathieson??)

8. PbR pilot HMP Peterborough (Launch Sept 2010, end summer 2016) PbR pilot HMP Doncaster (Launch Oct 2011, end July 2015) TIMELINE • Breaking the Cycle (MoJ, 2010) • Transforming Rehabilitation (MoJ, 2013) • Offender Rehabilitation Act 2014

9. Idea came from Social Finance, funded by charitable trusts and foundations Male, short-sentence prisoners in HMP Peterborough and following release Mentoring and linking to services, aim to reduce reconviction rates Peterborough Pilot

11. ARGUMENT (BJC) PbR pilots: rhetoric emphasised voluntary participation, rehabilitation and resettlement; directly enabled the new 12 month mandatory supervision requirement for short sentence prisoners → control, exclusion Extending supervision to this group for the first time in recent history → 13,000 additional recalls to custody annually Cost £16 million (Prison Reform Trust, 2013)

12. Analysis of the PbR pilots made a satisfying account of net-widening, but a partial story? Looked at data again – charitable involvement in the PbR pilots did do more than extend and reproduce existing cjs MoJ analyses did indicate falls in reconviction events across the board (MoJ, 2015a; MoJ, 2013) (ok not unproblematic analyses) I would much prefer that short-sentence prisoners were offered resettlement support on a voluntary rather than mandatory basis (and that broader social inequalities were addressed in non-punitive ways) But, the PbR pilots did offer some valuable avenues of practical and emotional support to the prisoners with whom they worked. I don't think the concept of net-widening (or the 'partisan' abolitionist position) allows me to acknowledge this without legitimising the problematic practices of punishment and becoming part of the machine.

13. Practical support: phone access, arranging alcohol rehab and mental health support, supporting housing, food vouchers. Apparently extremely valuable to some released prisoners, enabling desistance: Staff on the Doncaster PbR pilot “allowed offenders to use their work mobiles to make phone calls in order to resolve problems, such as with benefits, housing, drug support and debts. Staff stated that individuals typically had little income and could not afford the cost of lengthy phone calls to these agencies, which were often premium rate numbers” (MoJ, 2015b: 27). Short-sentence prisoner released from HMP Peterborough: “In prison itself, I spoke to the key worker a couple of times and explained that I needed, I used to go to [service] for alcohol, it’s basically like rehabilitation. He got in contact with them for me and told them my release date [...] He got in contact with [a mental health service] as well [...] Yes, they helped me out a lot in prison” (MoJ, 2015c: 42). Short-sentence prisoner released from HMP Peterborough: “Personally, I think it’s the housing because with me [...] As soon as I’m out, I’m going to go back to […] what I know. If I’ve got my own roof, then I’m alright, basically. That’s how I see it. […] Obviously you need money to get your own deposit, so they’re helping to do that for you” (MoJ, 2015c: 44). Short-sentence prisoner released from HMP Peterborough: “When I first got out of prison, for a good few months, the One Service were supplying [me] with food vouchers because my benefits were being messed up. Now if they weren’t there doing that for me, then I would have gone out and committed a crime to get the money, just to feed myself. So the fact that One Service was there and helped me out with ￡25 a week in vouchers was brilliant. That prevented me from going out and committing a crime” (MoJ, 2015c: 48).

14. * Peterborough and Doncaster PbR pilots offered support on a VOLUNTARY basis – supervision requirement is MANDATORY * Labels of 'charity' and 'voluntarism' can be utilised by government to support certain purposes (Hannah-Moffatt, 2000) * Welfare = best delivered on a voluntary basis and I'm not detracting from the validity of control and net-widening theories * Focussing only on net-widening provides partial and limiting accounts which overlook variations in the substance and qualities of the carceral net, thus limiting possibilites for action: “in order to begin imagining what a more just world might look like, it is crucial for criminologists to not only report the 'bad news' about crime and punishment” (Goddard and Myers, 2011: 667; see also Zedner, 2002)

15. Without denying the many problematic aspects of imprisonment and probation, a carceral net which supports, enables and encourages those caught within will be experienced differently and lead to different outcomes from that which is, for example, entirely exclusionary, disabling, violent and depressing It is possible that there is space for innovation and person-, rather than compliance- and risk-, focussed work within the new Community Rehabilitation Companies (Robinson et al., 2016: 172-3; see also Goddard and Myers, 2011)

16. As charities' contributions to building social and human capital and expanding social control are not necessarily mutually exclusive, the task for scholars is to highlight how and under which conditions both of these overall outcomes can occur. Suggest that hybrid theory is required and offer the conceptual innovation of 'inclusionary control' to this end. Without denying the dangers of the expanding carceral net, it is reductionist and disabling not to simultaneously consider how its qualities can be changed, and the concept of net-widening does not facilitate such analysis. The idea of 'inclusionary control' is not to make excuses for exclusionary policies or problematic institutions, but to provide a means of examining how positive or improved outcomes can come from sites of control. A significantly expanded base of empirical evidence could underpin the development of theory accounting for such hybrid experiences, e.g. by examining the characteristics and qualities of the carceral net as it operates and is experienced by different people, in different places and at different times.

17. Circles of Support and Accountability (CoSA) is a community-based voluntary sector initiative aiming to prevent further offending by sexual offenders (MoJ, 2014; Thomas et al, 2014; Thompson, 2016) In 2008, Circles UK launched - national body supporting the development, quality, coordination and effectiveness of CoSA in England and Wales. NOMS funded two CoSA pilots between April 2008 and March 2010 ‘Circles’ consist of 4-6 local volunteers and one recently released sexual offender subject to statutory supervision on licence (the Core Member) Volunteers meet Core Members weekly to begin with (and after 6 months aim to meet fortnightly depending on need) In meetings volunteers seek to provide social and practical support to reduce levels of social isolation and facilitate reintegration, support them in treatment programmes but also to monitor and hold them accountable for their actions in the community to prevent further victimisation

18. Core Members must have demonstrated some understanding of their offending behaviour and be committed to playing an active role in developing a positive, non-offending lifestyle Circles generally operate for 12 to 18 months and formal meetings take place in a variety of locationswithin the community (though sometimes at a probation office) Circles complemented statutory supervision through supporting compliance with treatment programmes and monitoring the activities of Core Members, as well as providing a positive social network for the Core Member on release from prison (MoJ, 2014; Thompson, 2016) “To be honest I felt as if they were POs who were judging me really, which was strange. Event though they weren't it was as if they were” (Joe)

19. I felt welcome you know they were like brothers, sisters, or parents to me, and I thought I don’t want to say bye to these people. You know they come to prison and they said what you come back here for! But they did it in a nice manner and ... they were concerned you know, you could see it on their faces, they were sitting there and were like what are you doing here […] They were absolutely gutted when I wor recalled and I didn’t think I would ever see them again to be honest […] When I came out the welcome was second to none really, and I thought perhaps it was my gate money and me clothes and I wouldn’t go back there, but they were corresponding with me … which I didn’t really expect and I was overwhelmed really […] They are there on hand you know, and I can call them at midnight on a COSA phone that I can ring if I need too. The support is always there you know ... it’s important and imperative that I have that support, and I would stray off for possible recall without it you know and they know that (Alan)

20. “Having the phone is very helpful. Knowing that there is a phone line that they could speak to someone one at a time of distress. There was a former-Core Member that called [one of his volunteers] from the edge of a bridge … saying he wanted to finish it. Bless her the volunteer talked him off the bridge” (Coordinator 2)

21. I just struggled to cope with getting past the guilt … we’ve done a lot of talking in the Circle and stuff and they’ve said its good I feel the remorse and all the rest of it, but [they say] ‘don’t let it hold you back’. I got shouted out quite a few times in a polite way by my circle volunteers [smiles] or .. as they called it a verbal kick up the backside. You know, the first Christmas I was out, I contemplated suicide ... I actually looked at the aerial cable on the TV and the water pipes at the top of the kitchen and I started fashioning a noose as best I could and I got that close to … sort of topping myself … I crumbled I couldn’t face emotions at the time. On the boxing day after I thought about topping myself I got in touch with one of [the volunteers] and we spoke about it. It brought me round, it pulled me out of it and I will never be able to thank that woman enough! Mary [Troy’s favourite volunteer] is probably one of the most remarkable people I have ever met … she just had this calming way of talking to you. I mean don’t get me wrong she could bite your head off when you needed it, but she was very softly spoken, but wasn’t shy in giving a swift kick and she was probably the one who told me off more than any of the others put together (Troy)

22. It’s knowing that there’s somebody out there … having somebody that you can turn to, just for airing without it really being scrutinised. The fact that you’re not kicked out into the cold and said get on with your life. You know, it prepares you for different aspects. You know you’re gonna come across problems, but having someone there whose not a problem that you can talk to without being judged helps again with your own confidence (Bruce) And none of the time it was you MUST do this or you MUST do that. It was always over a cup of tea and a biscuit and because they knew about my conditions and my restrictions they could inform me if they thought I was getting close to the border-line. So it was a big help that way (Christopher) The fact that people actually want to spend time and talk to you is one of the things, I mean it sounds .. just a simple thing, that they turn up to have a coffee, you know, is one of the things, ... and that they do it week in, week out, and being talked to as an actual person as opposed to a label, an object (Bill) You know, to have someone to look up to, not to aspire to BE, but to be like, when you haven’t had that guidance and you know (Ruben)

23. There is a tension: “The guy I am working with at the moment, he is a very lonely and isolated guy. He doesn’t have any friends and has no network so doesn’t speak to anyone, and me meeting him every week, it sounds weird but I do it for him because it gives him a chance to learn skills again [...] But my second Core Member that was definitely for the community, I was like ‘WOW! This guy definitely needs making sure we know where he is’. So yeah every person is different” (Volunteer)

24. THANK YOU p.j.tomczak@sheffield.ac.uk @philippatomczak