community sentences- Intensive Alternatives to Custody( IACs) in particular- are extremely robust and demanding, so much so that some offenders would prefer to go to prison because it is easier and a quicker punishment.
This is not a problem unique to England and Wales, though elsewhere jurisdictions have been more energetic and pro active in realising the opportunities that community alternatives present. The Dutch government has actively encouraged community sentences as a more effective- and less expensive- alternative for imprisonment. The use of community service there has climbed considerably, from 27,115 times in 2002 to 40,610 in 2007 when they accounted for thirty percent of all judicial sentences. In 2009 the Netherlands closed eight prisons, with great cost savings, and contrary to what might have been predicted by some, there has been a fall in crime.
' In 2009 the Netherlands closed eight prisons, with great cost savings, and there has been a fall in crime '
International examples
Closer to home, Scotland has had the courage to follow research evidence from the Scottish Prisons Commission( which recommended a sea change in their approach). Scotland is currently undertaking a major shift in criminal justice policy away from short prison sentences towards community sentences, with a strong focus on rehabilitation. This means that prison will hold only the most serious and dangerous offenders, and less serious offenders will receive robust community sentences. There is now a presumption against imposing a short prison sentence of three months or less- unless no other option is appropriate and available.
However, perhaps the most dramatic changes are taking place in the USA, which is not traditionally where we in the UK look for inspiration for radical penal reform. In the US there has been an intellectual shift away from the tough policies that have led to a tripling in the prison population in the past 25 years making it the largest prison system in the world. It is now becoming more acceptable for policymakers – and in particular State governors- to look at alternative policies to imprisonment without feeling they are being‘ soft on crime’. Just under half of the US states are looking at ways to reduce costs by progressive measures and many States now are developing initiatives that are successfully reducing both crime and imprisonment rates. Texas, traditionally known for its strong law and order reputation, is at the forefront and the success of the initiatives in there is encouraging others to follow suit. Money saved from expensive prison places is being diverted to less costly, but effective, drug and alcohol rehab schemes, and to the delight( and probably surprise) of the hard pressed budget holding State governors, there is a fall in crime.
Encouraging the momentum for this seismic shift is the organisation‘ Right on Crime’, a campaign to promote conservative ideas on criminal justice. They unequivocally focus upon the economic argument as the rationale for reducing prison numbers and for focussing upon more effective and cheaper community rehabilitation alternatives. Right on Crime has produced a set of principles which approximately thirty prominent conservative individuals and organisations have signed up to. These include politicians( Newt Gingrich and Jebb Bush being most notable) and former US Attorney Generals. Every month they report on yet more States developing initiatives that reduce the use of short term custody, that increase rehabilitative interventions, that save money and reduce crime. The message is now getting out that it’ s OK to be right wing and campaign for less use of prison- they call it being‘ tough but smart’. revolutionise. it 7