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25.03.2015 Feature Article

Prison Reform And Alternatives To Imprisonment

Prison Reform And Alternatives To Imprisonment
25.03.2015 LISTEN

Most prisons in Ghana are excessively overcrowded. They are holding numbers that have far exceeded their certified capacities. For instance, the Tamale Central Prison which is believed to have been built in 1914 with an initial capacity of seventy-eight is currently holding 316 inmates.

The reasons for this cannot be far-fetched. Imprisonment has been overused. Besides, the lengthy stay of remand prisoners has exacerbated the situation.

Challenges of overcrowding
Overcrowding poses serious challenges not only for prison administrators but also for the prisoners themselves and the wider society.

The right to live in dignity is constantly violated if prisoners are held under such dehumanizing conditions. They are not only poorly clothed but also underfed (the feeding rate per prisoner per day is GHC 1.80 which is woefully inadequate). Their health care is also under threat as there is no hospital for the Prisons Service to adequately address their health needs.

There are also significant indirect or consequential costs, for imprisonment may affect the wider community in various negative ways. Prisoners are vulnerable to various diseases because overcrowding presents a fertile ground for the incubation of diseases such as tuberculosis and HIV/AIDS, respiratory tract disease and skin infections. When they are not properly treated, they may become agents for spreading the disease when they return to their communities upon release.

Overcrowding has implications for prison management. Living under dehumanizing conditions, prisoners may resort to riotous behavior to register their displeasure. When the situation becomes chaotic, they may capitalize on that to escape or attempt to escape to freedom. The attempted jail break at the Kumasi Central Prison recently, a matter that is under investigation by various authorities, attests to this fact.

Wherever there is overcrowding, there can be no effective classification of prisoners for the purpose of safe custody and meeting their reformative and rehabilitation needs. When facilities are overstretched, it undermines efforts to adequately prepare prisoners for their reformation, rehabilitation and successful reentry into society after their discharge from prison.

We should note that imprisonment is expensive. It is a huge cost to the taxpayer. Apart from being clothed and fed, facilities must be provided for their reformation, rehabilitation and social reintegration needs. The amount involved is incalculable.

Against this backdrop, it is expedient to consider alternatives to imprisonment to decongest the prisons. The Director General of Prisons and the Minister for Interior Hon. Mark Owen Woyongo have taken the initiative to introduce alternatives to imprisonment and I think it is a step in the right direction.

What are alternatives to imprisonment? These are punishments for which the convict does not go to prison. The courts set conditions under which the punishment is carried out but under the supervision of an authorized agency in the community.

Pre-trial detention
There are rules to guide sentencing authorities during the pre-trial stage. For the avoidance of doubt Rule 6.1 of the Tokyo Rules stipulates as follows: “Pre-trial detention shall be used as a means of last resort in criminal proceedings, with due regard for the investigation of the alleged offence and for the protection of society and the victim.” Article 9.3 of the International Covenant on Civil and Political Rights (ICCPR) provides that: “It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgment.”

There are alternatives to pre-trial detention available to the courts. A suspect or accused person can be released and ordered to do one or more of the following:

To appear in court for his trial on a given date, to refrain from interfering with the course of justice, engaging in misconduct, not to leave his residence or community to any other location without permission, report to the court or police as may be ordered by the court, deposit his passport with the court or police as the case may be, to accept supervision by an agency authorized by the court, to submit to electronic surveillance and furnish bail where this is required.

It must be made clear to the accused person that any violations could result in his pre-trial detention in prison or police custody.

Alternatives to imprisonment
There are a number of dispositions other than imprisonment available to the judiciary.

A court can issue a probation order in respect of an offender who does not pose danger to his community. The offender does not go to prison but is placed under the supervision of a probation officer. The probation officer uses social work methods in dealing with the offender. The purpose is to bring about a positive attitudinal change in the offender while making provision for his rehabilitation and integration into his community. A probation order can be issued for any period between six months and three years.

A community service order can be imposed for months and days and this time period is translated into a number of hours of unpaid work to be undertaken by the offender. The purpose of community service is to keep non-serious offenders out of prison where they could be exposed to dangerous criminals and cost the taxpayer for their maintenance in prison. It is also to compel the offender to do unpaid work that directly benefits the community where he resides. Additionally it is to facilitate the successful integration of the offender into his community through his link up with family and reputable friends as well as maintaining a job for which he is paid.

The courts, instead of sending people to prison, can impose fines and other monetary penalties such as compensation to the victim where appropriate. This sentencing disposition can keep a lot of people out of prison. They may do certain jobs in the community, or the state may provide them with work, so that they can pay their fines with the proceeds of their labour.

Suspended or deferred sentences are sanctions the judiciary can impose in place of imprisonment.

Where an offender has been found guilty, a sentence of imprisonment is pronounced, but implementation is suspended for a period with a condition or conditions set by the court. There is the need for the supervising authority to ensure that the offender has complied with the terms of the suspended sentence.

Verbal sanctions can also be imposed. These include admonitions, reprimands, warnings and conditional discharge where it is deemed fit.

Another sentencing case disposition available to the courts is a confiscation or an expropriation order. A court can order the forfeiture of assets or moneys being proceeds from the criminal act if there is evidence to that effect.

Diversion to treatment centres is another alternative to imprisonment. Where it is established that an offender is a drug addict or has mental illness, referral to a treatment centre is a better alternative than imprisonment. Such offenders can benefit from psychotherapy and skills training for their successful integration into their communities.

The sentencing authority can impose a restitution order in place of imprisonment. Restitution to the victim is a way of pacification to the victim for harm the offender has caused. One of the provisions of the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power states: “Where appropriate, offenders should make restitution to victims, their families or dependents.” It further states that such restitution “should include the return of property or payment for the harm or loss suffered, reimbursement of expenses incurred as a result of victimization, the provision of services and the restoration of rights.”

The use of restorative programmes in criminal justice administration. The restorative process involves bringing together an offender and victim and any other persons or community members affected by the crime, to actively participate in the resolution of matters arising out of the crime generally with the help of a trusted facilitator. The offender and victim must agree for such a process to work. Restorative processes may involve mediation, conciliation, conferencing and sentencing circles and the objective is to achieve a restorative outcome where the offender may return goods or property or money to the victim or perform duties that ultimately benefits the community which suffered as a result of the crime perpetrated.

This writer believes that the introduction of alternatives to imprisonment is long overdue and needs to be given serious consideration by all stakeholders since the whole society stands to benefit from it. There is therefore the need for legislation on alternative sanctions to kick start their implementation.

This is a worthy cause the public should support.
In conclusion, imprisonment is expensive. Keeping too many people in prison and maintaining them is a huge cost to the taxpayer and the nation as a whole. To reduce prison populations, alternative sanctions should be introduced and implemented.

Abundant Robert K. AWOLUGUTU
DEPUTY DIRECTOR OF PRISONS/REGIONAL COMMANDER
TAMALE CENTRAL PRISONS, N/R
Email: [email protected]
Cell: 0208 455 296

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