Submissions

To: Department of Corrections
Date: September 2024

Purpose

This document serves as a submission from the Disabled Persons Assembly NZ (DPA) to the Department of Corrections on options to improve safety in prisons. Its primary purpose is to highlight the disproportionate number of disabled people within the prison population and advocate for changes that uphold their rights while balancing staff protection and rehabilitation efforts, in line with the UNCRPD. DPA aims to ensure prison policies are disability-responsive and address systemic issues facing disabled inmates and staff.

Summary of DPA submission

DPA highlights that disabled people comprise a disproportionate number of the prison population, with the rate being higher than indicated by the Washington Short Set data due to the omission of autistic/neurodiverse people and those with psychosocial disabilities. This includes a high number of undiagnosed individuals with head injuries, learning disabilities, and neurodiversity. Furthermore, 50.9% of Māori in prison identify as tāngata whaikaha disabled Māori. DPA recognizes that more disabled people will likely become entangled with the criminal justice system as the prison population increases.

DPA supports Option 2 for cell features, which involves installing cameras in some cells to determine a prisoner’s whereabouts, deeming it the most appropriate option to balance privacy and safety. DPA also supports options that provide greater transparency and clarity regarding the use of cameras (CCTV and body-worn) in prisons, as this helps uphold prisoners' legal rights to privacy while ensuring staff and prisoner safety. DPA supports all options for better managing prisoner funds held in trust accounts, as disabled prisoners are disproportionately more likely to be intimidated for money. DPA supports Option 2 for increasing the use of security classifications for remand prisoners through existing non-regulatory measures. DPA also supports removing regulations on prisoner haircuts and facial hair, replacing them with operational procedures.

However, DPA raises concerns that other cell feature options, such as visual aids in all cells or greater use of prisoner restraints, could violate disabled prisoners' privacy rights or cause them pain, discomfort, or immobility. DPA cannot endorse options related to clothing and footwear for remand prisoners because they do not account for the specific needs of disabled prisoners and those with health conditions (e.g., prosthetic footwear, clothing for temperature regulation).

Key Recommendation:

DPA recommends that all prison staff are trained in disability responsiveness.

Supporting Statement 1:

Disability responsiveness training will help support staff to gain skills on how to appropriately communicate with prisoners, especially those with learning/intellectual disabilities, autism/neurodiversity, and mental distress, including when opening and closing cell doors.

Supporting Statement 2:

It is essential for disabled prisoners in cells with cameras that the purposes for their presence are clearly explained to them in accessible ways that are appropriate for their communication needs.