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Criminal Justice and the NDIS, Alison Churchill, Community Restorative Council
- 2. • The impact of disability cannot easily be separated out for people in contact with the criminal justice system • Disability can result in criminalised behaviours • How do we fund service provision based on the identification of needs relating to an intellectual disability only? • How do we confidently state that one behavior is more related to the presence of an intellectual disability than another? • How then can we ensure we are funding the true extent of need? Separation of disability and non-disability needs 2Monday, August 3, 2015
- 3. • Concept is problematic for those in contact with the criminal justice system • Many people have never had the privilege of choice & control over their lives • Impairments affecting cognition impacts o understanding what a positive life might look like • Lack of insight into behaviours Notions of choice and control 3Monday, August 3, 2015
- 4. • Disproportionate number of mental ill / intellectual disability in criminal justice contact • Prison increases a range of risks and compounds disability related cognition • Prison increase likelihood of death, ill health, homelessness and challenging behaviours • Needs within custody are inextricably linked to a person’s disability The impact of incarceration 4Monday, August 3, 2015
- 5. • Mainstream services are a challenge to access and frequently denied • ID is overshadowed by criminal history • Services often miss or misunderstand ID issues relating to criminalised behaviour. • Self-determination is not likely to result in access (e.g. lack of ID AoD services) • Human rights for people with an ID and criminalised behaviours are rarely responded to fairly Access to mainstream services 5Monday, August 3, 2015
- 6. • The proposed ‘Quality and Safeguarding’ sees risk as: – risk of poor quality of service – risk that a participant could be harmed • Risk ignored as it relates to the risk to the community • Ability of this risk to prevent access to goals • To ignore fact that criminal behavoiurs are co sequence of disability is to shift care & responsibility to criminal justice system. Conceptualising of risk 6Monday, August 3, 2015
- 7. • Pre-release planning should occur while the person is in prison. • With the same worker supporting the person on release from prison. • Through-care leads to greater: – levels of engagement, – sustained engagement – post-release success in increasing well being • At this stage the maintenance of contact with a person by a service provider is not recognised as a critical element of support. Importance of Through-care 7Monday, August 3, 2015
- 8. • Current funding results in recruitment of low skilled and casual workforce • Support requires range of skills given complexity of histories, risks and needs – Disability – Mental health – Drug and alcohol – Offender rehabilitation – Criminal justice system • Need for flexibility in response to issues to address fast paced change in needs A skilled workforce 8Monday, August 3, 2015
- 9. All People With An Intellectual Disability Are Worth The Investment 9Monday, August 3, 2015
- 10. All People With An Intellectual Disability Are Worth The Investment 9Monday, August 3, 2015