Temporary release not real prisons offender

The supposed abuse of temporary release for prisoners has dogged and undermined the criminal justice system and alarmed the public. But the widespread perception that there is widescale, irresponsible and indiscriminate use of temporary release for serious offenders is not accurate.

Generally speaking, it is offenders on shorter sentences that benefit from the revolving door.

The concept of temporary release per se is worth defending. By contrast, the "shedding" of prisoners due to chronic prison overcrowding is a misuse of the scheme.

Temporary releases are made under the Criminal Justice Act 1960. The Act envisaged that periods of release from custody would be part of planned programmes of rehabilitation and reintegration of offenders into society.

Under current circumstances some temporary releases follow advice to the Department of Justice by prison review meetings. These meetings are a forum for discussion on temporary release. They occur in all prisons at varying intervals of a month or two and are attended by the different disciplines working in prisons - probation and welfare officials, prison officers, governors, teachers, chaplains and Department of Justice officials.

Temporary release can vary from one-day release for a hospital visit, bereavements and births to weekly periods of release for employment or training. In considering whether to sanction such releases, public safety is always paramount. Some prisoners within defined age and offence categories and who are deemed suitable are placed on temporary release to attend an intensive probation scheme. This scheme - an innovative project for dealing with serious or persistent offenders - has been working in Dublin and Cork since 1992. Participants explore and identify their pattern of offending behaviour. The hope is that they can change to avoid further crimes. The programme also includes victim awareness and provides opportunities to deal with personal problems and work training.

Offenders on this scheme also come directly from the Circuit Court, as an alternative to a substantial custodial sentence.

Temporary release is also processed through a Department of Justice-instituted Sentence Review Group. This group's purpose is to review and make recommendations regarding prisoners who have served more than seven years of their sentence. After such sentences offenders require gradual release with support and supervision in order to assist re-entry to society.

But the reality is that only about 100 of the 600 or so offenders currently on temporary release were part of a planned programme of rehabilitation and reintegration as described above.

The remainder are simply shed through the "revolving door". They are the beneficiaries of the chronic overcrowding in the prison system. These are the releases which lead to such public unease.

Those "shed" in this way are generally on shorter sentences and selected by officials of Department of Justice as being of least risk to the public.

The root of the problem lies in the fact that the capacity of the 13 prisons in our State is some 900 places short of the number required to provide for all those sentenced to terms of imprisonment. As a result, we have 300 prisoners in overcrowded cells and a fluctuating 600 out on temporary release.

This overflow must be addressed and there are a number of options, mostly expensive, - including the construction of 900 cells.

But we could stem the flow of offenders into prison through increased use of non-custodial sentences with greater use of probation, community service, suspended sentences, restorative justice and fines.

The reality, glossed over by many, is that Ireland has a higher imprisonment rate than most EU or Council of Europe states. The strengthening of non-custodial remedies might help to reduce our rate of imprisonment towards the European norm. Such an approach could also reduce the need for expensive prison places.

Patrick O'Dea is PRO of the probation and welfare branch of IMPACT.