The Restorative Justice Bill is presently being discussed in Parliament, having already gone through its second reading. This legislation provides for very significant reforms, namely the introduction of a parole system, the reform of the remission system, as well as the introduction of victim support measures

The parole system provides for early release from prison, at a point stipulated in accordance with the circumstances of the prisoner, including whether he or she is a first-time offender. However, early release is neither guaranteed nor unconditional. The Bill provides that the inmate would have to abide by a Care Plan, which would include addressing any addictions, as well as compliance with conditions imposed by the Parole Board upon release. The person in question would also be subject to monitoring by a Parole Officer. Penalties are prescribed in the event of failure to meet parole conditions, including return to the Correctional Facility.

The parole system is intended to offer inmates an incentive towards reform through early release, whilst offering them the tools to reintegrate into society, be this in the form of life skills, academic or job training, or rehabilitation from addiction. Clearly, these objectives do not only place responsibilities on inmates, but also on the Correctional Facility itself, which is being required to enhance existing services and provide a whole new range of new ones. It is expected that parole will result in an increased demand for both rehabilitative and educational services. This would of course be inherently positive, but it also means that efforts in these spheres have to be intensified.

The same applies to the Probation Services, which will be redesignated as the Parole and Probation Services. Parolees would have to be monitored upon release, in order to ensure that they comply with the conditions of release.

The reformed remission system, which would present an opportunity to those prisoners who do not succeed in obtaining parole, but whose behaviour and efforts are such as to deserve release on remission, will also form part of the new regime. The Restorative Justice Bill, further to reforming the procedure leading to release on remission, placing responsibility for its determination on a Board, also provides that such release may be subject to conditions. Those released on remission may be required to perform community work or to attend relevant rehabilitative or other programmes.

The Bill also places considerable emphasis on crime victims, in particular by establishing a Victim Support Unit within the Probation Services. This Unit would be responsible for the facilitation of access to Victim-Offender mediation and the provision of assistance to victims in claiming compensation for injuries or other damages, in accordance with the Criminal Injuries Compensation Regulations, among other matters. The delivery of the services in question shall be managed by a Liaison Officer, with the assistance of other staff.

Reforms at Corradino Correctional Facility

Reforms at the Corradino Correctional Facility, with a view to enabling the proper implementation of the provisions of the Restorative Justice Act, are already ongoing; in fact a number of steps have been completed and, as a result, new services are being delivered. In the first place, the management structure within the Facility has been restructured, so that presently this is made up of a Care and Reintegration Unit, an Operations Unit and a Security Unit. Managers to head the respective units, thereby supporting the Director, have been appointed and are presently undertaking the necessary reforms.

Whereas the eventual entry into force of the Restorative Justice Act places new obligations on the entire Correctional Facility structure, it is of particular relevance to the Care and Reintegration Unit. It is this Unit, after all, that is responsible for providing inmates with the tools required in order to eventually reintegrate into society. Plans are therefore in hand to bolster the capabilities of the Care and Reintegration Unit as regards the provision of services by professionals, particularly psychologists, social workers and youth workers. Such recruitment should assist the Unit in quicker identification of issues of concern among inmates, thereby ensuring that these are seen to more expeditiously.

The compilation of dossiers in respect of individual inmates is presently being reorganised by the Unit. This will enable the Offender Assessment Board, to be established by the Restorative Justice Act, to compile individualised Care Plans in respect of each individual inmate. The Care Plan will lay down the path to be followed by the inmate in question in order to be positively considered for Parole.

An Educational Coordinator, who forms part of the said Unit, has been appointed last year. Several reforms have taken place since then, including the introduction of Computer Awareness and ECDL courses. The MITC has assisted the Facility in the delivery of these courses by donating Pentium 4 computers.

An agreement has also been concluded with the ETC, whereby the Correctional Facility would become an ETC Satellite Centre, in order for inmates to be able to sit for examinations.

Inmates have now been given the opportunity to avail themselves of the Public Library’s services. A number of residents have already availed themselves of this service, introduced late last year. The books are selected by inmates from an online catalogue, with the assistance of the Education Coordinator. The books are then brought to the Facility by the Coordinator.

Steps are also being taken to address illiteracy among inmates. As a matter of fact, as soon as an inmate enters the Facility an initial assessment of abilities to read in Maltese and English is being carried out. Maltese and English language classes are then made available as necessary in order for any skill deficiencies to be addressed. Mathematics classes are also available.

Within YOURS, food handling, food preparation and other related courses are being delivered by the Institute of Tourism Studies. The courses are delivered in a professionally equipped kitchen, the purchase of which was co-financed by the EU.

However, education at the Facility is not limited to academic courses or job training. In fact, a Life Skills course, addressing physical exercise, a balanced diet, as well as health care, is also being delivered.

Efforts are also being made with respect to drug rehabilitation services offered by SATU. The drug rehabilitation course is presently being redesigned in accordance with contemporary principles, making it shorter but more intensive. This will also enable SATU to deliver its services to increased numbers of inmates, who would have to be free of addictions in order to qualify for parole consideration. Legislative amendments to the Prisons Regulations (Subsidiary Legislation 260.03) are also in the pipeline, in order to enable inmates to attend drug rehabilitation programmes during the initial part of their prison term or as soon as the issue is identified, rather than towards the end of their term as at present. Clearly, this is necessary in order for an inmate to have the opportunity to address addiction issues prior to the commencement of the parole consideration process.

Reforms at the Probation Services

The Restorative Justice Act also places new obligations on the Probation Services, which will be responsible for parole supervision and the provision of victim support services in addition to their present commitments.

Plans are currently in hand to recruit officers with a view to ensure proper supervision of parolees. Moreover, the necessary preparations are being made to set up the Victim Support Services.

Moreover, the University of Malta has initiated a mediation course, on the initiative of my Ministry. This would ensure that mediators would be available to deliver victim-offender mediation services.

The challenge being met...

The proposed Restorative Justice Act is itself the result of a process which officially commenced in February 2009 with the publication of the White Paper on Restorative Justice. This was, in turn, followed by a four-month consultation period. This consultation revealed strong support for restorative justice measures, as well as for the need to strengthen services provided within the Correctional Facility in order to better address the reintegration of inmates into society. Evidently, government shares this objective. Indeed, one of the main objectives of the Bill is to contribute to a reduced incidence of recidivism. It is unfortunate that today, many who leave the Correctional Facility, return within a few months or years.

This does not mean that the system has failed, as others do not enter the Facility a second time; yet there clearly is scope for improvement. This is the improvement we are now trying to secure, for the benefit of inmates and their families, as well as for the benefit of our society. This is an investment in people for people.

Dr Mifsud Bonnici is Minister of Justice and Home Affairs