The need for overarching model for people in custody with a disability
Development of an overarching model for people in custody with a disability will help embed disability-aware policies and practices at the various stages of a person’s custodial journey. We believe this will help prevent discrimination and disadvantage, improve opportunities for rehabilitation and reintegration, and enable the Department of Justice to demonstrate it is meeting its human rights obligations.
Few people have been identified with an intellectual disability, but numbers are increasing
Between 2018 and October 2023, only six per cent of the adult and youth custodial populations were identified as having an intellectual disability or cognitive impairment, which is significantly lower than research estimates. This suggests there could be many people in custody who have not been identified by the Department, and therefore may not receive the supports they require. However, the number of people identified by the Department as having an intellectual disability or cognitive impairment is increasing and trending upwards, which is encouraging.
Identification of people in custody with an intellectual disability is over-reliant on self-reporting
While there are several avenues available to identify an intellectual disability, the Department is still overly reliant on self-reporting. Consequently, there are almost certainly more persons in custody with an intellectual disability than has been identified. The introduction of a functional impairment screening tool, however, has assisted in identifying more people with cognitive impairments.
Inadequate information-sharing practices within the Department compound the issue of identification. This includes delays in transferring youth detention records promptly and poor sharing of relevant disability-related information across different aspects of the custodial estate.
There are challenges in effectively managing people in custody with an intellectual disability
There are several ongoing challenges in effectively managing people in custody with an intellectual disability. Infrastructure limitations across the custodial estate mean there are few dedicated living areas for people with high needs, and those areas have very limited capacity. There is also a lack of consideration given to known and suspected impairments in behaviour management policies. This is compounded by a lack of ongoing training opportunities for adult and youth custodial staff on intellectual disabilities and potential behavioural signs. However, the Department has indicated their plans to increase training within the youth custodial estate.
Limited adjustments or supports available for people in custody with an intellectual disability
We identified some issues with providing the necessary adjustments and support to prisoners with an intellectual disability who require it. These included barriers preventing both adults and young people from receiving National Disability Insurance Scheme (NDIS) supports while in custody; no tailored criminogenic treatment programs; and poor governance around the use of prisoner carers. Some supports are provided during education and training, and there is evidence of easy-to-read documentation being used. Prisoners with an intellectual disability were also regularly employed.