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The Correctional Services of Norway
Thanks for inviting me all the way across the globe for this talk on Norwegian corrections and reintegration strategies. The trip lasted exactly 48 times as long as the presentation I am about to give, and I did not come by this ship. Please take that into account as you fill out your evaluation forms. The Norwegian Correctional services include the Prison service and the Probation service, which are integrated under the same management at a national and a regional level. Single units have their own management. Gerhard Ploeg Ministry of Justice and the Police, Department of Corrections
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Now where is this country
Now where is this country? Norway is located in the far Northern part of Europe, A relatively small country, although one of the larger ones in Europe.
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Geographical facts North – South distance: 2,500 kilometres
East – West distance: between 700 and 6 kilometres NORWAY It has a bizarre shape. With a North-South distance of 2,500 kilometers and an East – West distance varying between 700 kilometers and 6 kilometers somewhere up in the North. It also has an uneven division of the population over the country, resulting in a number of relatively isolated communities and some relatively small cities: the capital Oslo being the largest with a little over half a million inhabitants. = 1/20th of Australia 90 % of the population on 50 % of the area 3
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Demographical facts Population 4,7 million - 320,00 km² - 14 per km²
Per capita GDP AU$ 66,500 AU$ 44,900 I usually use this picture to show how low the population density in Norway is in relation to the country where I am presenting, but in this case I don’t suppose you are very much impressed. Still, 14 people per square kilometer is not much, especially in Europe. In contrast to the low density, the income level is very high. Norway is fifth on the world list, with only states with under a million inhabitants above it. This oil-wealth is an important factor in how we can manage our correctional services. Source: CIA World Fact Book, May 2010 4
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A ”Scandinavian model”?
Low incarceration rates Low recidivism rates Many have spoken of a ”Scandinavian” or a ”Nordic model” in many different contexts. Maybe the best well-known of these – apart from the obvious tabloid one – is the adaptation of the mixed market economy, which is characterized by generous welfare states that aim specifically at enhancing individual autonomy, ensuring the universal provision of basic human rights and stabilizing the economy. It is distinguished from other welfare states with similar goals by its emphasis on maximizing labor force participation, promoting gender equality, egalitarian and extensive benefit levels. I am quoting an excellent article on Wikipedia here. The type of model I would like to discuss, however, is the penal / criminal one, even though it has a number of contact points with the welfare model, as I will try to point out later on. Two things are typical to the Scandinavian model: low incarceration rates and low recidivism rates. The question can of course be asked whether these are connected. I believe there is a mutual influence. Low incarceration rates mean more sanctions in the community, which may lead to lower recidivism rates, which of course in turn reduce incarceration.
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Incarceration rates Average daily number of prisoners and
prison – population rate in some countries N Rate 1. USA 2,304, 3. Russia 862, 100. Australia 29, 162. Sweden 7,300 78 167. Norway 3,400 71 167. Denmark 3,900 71 184. Finland 3,200 60 Here are some recent incarceration rates listed up for a number of countries. USA and Russia are topping the list with extremely high numbers per 100,000 inhabitants. The second place, for those who might wonder about that, is for the small Caribbean state of St. Kitts and Nevis. The Russian Minister of Justice has recently said that he wants to reduce the prison population by 50 % because of the costs in humanitarian as well as financial terms. I don’t believe there are such plans in the USA, so they will probably continue to lead the world in this respect in years to come. Australia is in the upper middle area of this list over 217 countries, while all Scandinavian countries are in the lower parts. Iceland comes in as number 190 with 55 prisoners per 100,000 inhabitants. Let me focus on Norway now. What causes this low rate of incarceration? Source: ICPS World Prison Brief, May 2010 6
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Sanctions for criminal offences (2008)
There are two explanations: type of punishment and duration. This is an overview of how courts punish. DISCUSS. 71 % leaves the courthouse without restriction of liberty, unless of course they don’t pay their fine or breach conditions. Of sanctions restricting liberty, 25 % consists of community sentences and 75 % goes to jail. 7
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Unconditional imprisonment (2008)
12,500 new entries into prison every year on a total capacity of some 3,400 cells implies that the average time spent inside is around 100 days. There are very many short prison sentences. Over 70 % is shorter than three months, and in total around 90 % is less than a year. In prison for a short while - a goal to have them serve their prison sentence as close to their home as possible. This implies a relatively large number of small prisons all over the country. 8
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Explanations Criminological factors Socio-cultural factors
Correctional factors How can this relatively mild penal climate be explained? I would like to take you through three different possibilities: criminological ones, those I have called socio-cultural ones and finally and in most detail, factors connected to the specific type of correctional system we use. First the criminological factors.
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Criminological factors
Reported offences (2008) In % One reason may be the number of crimes, another may be the type of crimes to reach the court. The statistics on offences reported to and by the police shows a clear downward curve and is currently back at the same level as in Taking into account the growth of the population it is at 1994-level. Mostly property crimes and traffic offences. Violent offences are increasing, property offences strongly decreasing, which of course also may have something to do with the people’s willingness to report and their expectancy as to whether the offence will be solved. In Norway, possession and use of any amount of illegal substance is punishable with imprisonment. Criminological factors 10
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Scandinavian Exceptionalism
John Pratt: Scandinavian Exceptionalism A culture of equality, egalitarianism, cohesion and solidarity A tradition of social-democratic welfare values (and with a lot of money to spend on it) Let’s turn to some socio-cultural factors. Some of you sometimes come over to our side of the world, and Professor John Pratt from Victoria University of Wellington in New Zealand did so some years ago, which resulted in an awarded article on what he called ”Scandinavian exceptionalism”. He stressed these factors as being central in the Scandinavian approach to crime and punishment. I fully agree with his analysis and would recommend it to anyone interested in these matters. I will also dare to add a couple more. For one thing, the social-democratic welfare values are a lot easier to adhere to when you are financially well-off. Socio-cultural factors
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A Culture of Negotiation
Strong unions ”Strike season” Minority governments There are, I think, other factors to be added: In the Nordic countries, social regulations do not come from the law, like in southern Europe, but are defined in collective agreement. Thus, for example, minimum wages do not exist in Norway, Sweden, Finland or Denmark; each branch determines its own rules. There is a high unionization rate (more than 85%). This leads to a society where much is the result of negotiation. Very strong unions – strike season in May. Wife reserves dates months before – traditional, maybe even ritual. There are seldom majority governments. Since the 1970’s there have been a growing number of conflict boards. There are now 22 around the whole country. The idea was inspired by the great criminologist Nils Christie and his notion of conflict as property of the persons involved, not the state. All of these elements lead to an inclusive society where solutions to conflicts are preferably sought in other reactions than sheer punishment, and where there is a tradition of keeping the offender within the community – a community that because of its size is dependent on the contributions of all involved. Conflict boards Socio-cultural factors
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Staff training Two-year education at academic level
Psychology, sociology, criminology, law, social work Conflict management, ethics and human rights Post-training courses in various working methods and programmes Salary during education So much for some important social and cultural background factors. I will now proceed to highlight some aspects of correctional policy that I think play a role in the successful reintegration process and the low recidivism rate. The first thing I want to mention is the training for prison officers. We have a Staff Academy for prison officers where the students receive a two-year education, one of which takes place at the Academy and the other in practice at a prison, where they receive guidance, counseling and further education during that period. The curriculum consists of various subjects like psychology, sociology, criminology, law and social work. In addition, much attention is given to conflict management, ethics and human rights. On ”application day” all candidates have to answer questions like ”why do we punish? What does tolerance mean to you? Which social problems are you interested in?” Every year some 200 students are admitted from between 1200 and 2500 applicants. One of the reasons for this is that we pay the students in full during their education. In return, they promise to work for us for at least a year after they finish their education. Staff have the opportunity to attend further training courses in correctional methods and programs during their professional career. We believe our staff is one of the most important safeguards for the quality of correctional work. Correctional factors
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Import model Medical, educational, employment, clerical and library services are provided from outside Continuity Involvement Budget A central feature of our reintegration work is the so-called import model. This implies that we make use of service providers in certain areas that operate outside the correctional services. Important examples are education, health services and employment services. The prisons do not have their own staff in these positions, but import them from outside. The great advantage with this is that the contacts between the prisoners and the providers are already established when they are released. Release is not a sudden event, but a well-prepared transition out of a situation with limited freedom, where central factors in the prisoner’s life are already in place. There is continuity and involvement, and the fact that others pay for the services makes it easier for the correctional services to use them freely. Correctional factors
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General atmosphere Obligatory activity Work, school, program
No uniforms for inmates Contact officer Cultural activities One man, one cell The general atmosphere in the prisons is mentioned by John Pratt in his articles. It may be described as relatively relaxed. There are some 55 prisons spread out over the country, with the largest having a capacity of 392 cells, the smallest 12 cells with an average of about 70. Sentenced prisoners are obliged to be active in some way. They must work, take education or be otherwise involved in for example program participation. Apart from working gear when necessary, the prisoners do not have uniform clothing and can express their individuality as much as possible. Every prisoner has a contact officer that he can get in touch with when he needs to discuss a specific problem or wants to apply for a transfer etc. The contact officer will also help the prisoner in getting in touch with external service providers, family or other social networks. There are always possibilities to participate in cultural activities in the larger prisons. Finally, and very important, there is a one man – one cell policy, which in the past has resulted in a waiting list for sentenced prisoners. This problem is now solved. It was not a good situation, but we preferred it to prison overcrowding. Correctional factors
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Implementation characteristics
Progressive implementation Self-administration and responsibility Principle of normality The way the actual implementation of the sentence takes place is an important element in the reintegration process. We want to have prisoners over to the lowest security levels as soon as this is possible. 36 % of our capacity consists of low security prisons, and in the course of a year almost 70 % of our prisoners passes through such a facility. Low security means both open prisons with low staffing and no walls, and half-way houses located in residential areas. In addition, prisoners can serve the last part of their sentence at home, either with electronic monitoring or without. While imprisoned, offenders are stimulated to develop self-administrative skills and are made accountable for their activities. Contact officers and other staff will help in case problems might arise, but in principle the prisoner must learn to take care of his own affairs – as he will need to do after his release. Quick transfer to the lowest security level is a way of realizing the”principle of normality” that is a core element of the Norwegian correctional philosophy. A court sentences an offender to be seriously limited in his freedom of movement, but the sentence does not implicate any other loss of rights that the offender has as a Norwegian resident. He will have full access to all his other rights, as long as this does not threaten security and order within the prison and as far as resources allow. These limitations can be quite severe of course. It is simply impossible, for example, to grant a prisoner his rights as a resident to receive visitors at any time and for as long as he or she wishes, because of such security and resource conditions. Visiting hours are therefore limited. However, the starting point is that such rights will be granted and a denial must therefore be motivated. Correctional factors
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Administrative discretion
Correctional services decide on: Type of prison Conditional release Electronic monitoring Contents of community sentence Prosecution of breach of condition Another crucial factor is the large amount of independence that the Norwegian correctional services have in the implementation of the sentence. This is based on the idea that the correctional services have a better knowledge of how to effectively implement a sentence than the courts do. For all practical purposes, the court is out of the process after the sentence has been passed. Within the legal framework, the correctional services decide on the level of security the individual offender will be placed under, whether he will be released on license and if so, under which conditions, or whether the offender will be granted home detention with or without electronic monitoring towards the end of their sentence. The correctional services may also decide that an unconditional prison sentence of up to four months will be served under EM or not. In a community sentence the courts only decide on the number of hours, while the correctional services decide on the contents – in 2009 less than 60 % of all imposed hours consisted of unpaid work, all other hours consisted of treatment, education, mediation, training, program activity etc., often in connection with local institutions or projects. Another feature in this respect is that the correctional services act as prosecuting party in court in case of a breach of conditions in a community sentence. This has created a sufficient amount of trust among courts. Correctional factors
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A basis in theory and research evidence
Choice of types of sanctions Accreditation of programs Restorative Justice Establishing and maintaining networks Assessment instrument Identifying needs and translate them into policy As Spiderman said, with great power comes great responsibility – with great administrative discretion comes the need for an evidence-based and quality-controlled practice. Here are some of the areas where we try to keep up with modern thinking and recent research results. In our latest White Paper on correctional policy, there was a specific chapter on research and its consequences for our daily practice. DISCUSS Maybe the most important one here is the identification and assessment of individual needs, whether they are being considered ”criminogenic” at an aggregate level or not. One of the guidelines for our policy development was a study from 2004 into the life circumstances of Norwegian prisoners. Correctional factors
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Problems among prisoners
Addiction Family in prison Lack of education Unemployment Chronic diseases Homelessness Below poverty line 60 % 30 % 40 % 80 % 50 % 70 % DISCUSS Source: Friestad & Skog Hansen, 2004 Correctional factors 19
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Reintegration guarantee
Health services A place to live Treatment A form of income Debt counselling Education This resulted in the so-called ”Reintegration guarantee”, implying that all those who have served their sentence are finished with what they have done wrong and will be given the opportunity to live as citizens in their full rights again. They are considered to be citizens who have done something wrong and paid for it, not as criminals to further be defined by some of their single actions. The guarantee is an agreement between three parties: the Correctional services, other service providers and most important of all, the offender himself. Obligations will have to be met, but when the offender himself in that way does his best to get back on his feet, the community must support him as much as possible. The reintegration guarantee does not imply a special treatment for offenders. It means that they will receive the same services as other citizens. The criteria will be the same: the need for specific services will be the decisive factor. Offenders will not be specifically prioritized, but they will no longer be reprioritized either. The Correctional service will have the responsibility for a good planning of the release process and will to a large degree function as a broker for services. The main responsibility for actually providing the necessary services will lie with the municipality the offender returns to, and the Correctional service will co-operate with them as strongly as possible. The reintegration guarantee is not just an action plan for the correctional services, or a strategy for the Ministry of Justice: it is a policy plan supported by the whole government, all its departments and their underlying organizations. ID-papers Employment The whole Government! Correctional factors 20
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Supporting desistance through social capital
Co-operation with voluntary organizations Supporting positive relationships Emphasizing strengths and resources Stimulating active social participation There are also other factors contributing to a reduction in recidivism, apart from access to services. After all, most offices close at five in the afternoon – or more often at four in our country – and that is when the difficult hours of the day are coming on. Positive, supportive social networks are essential in a good and sustainable reintegration process. Desistance theory and research informs us about how to establish and support such networks. In our policy plans we expand the collaboration with voluntary organizations and other NGO’s, and we increase the opportunities for offenders to establish, maintain or improve contact with families and friends, and make special arrangements for offenders with children. In our assessment process we focus not only on needs and problems, but also on strengths and resources the offender has. These must be supported and given the opportunity to unfold, so that they may contribute to a more active role in society for the offender. Research indicates that such ”agency” is a strong desistance-supporting factor. Correctional factors
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Recidivism rates All prisoners released and all community sentences started in 2005 Follow-up period of two years Recidivism = new conviction to prison or community sentence Now let me show you the results of all this in terms of recidivism. These are the results of a study that was published only two months ago. DISCUSS. As you can see, the rates are by any standard quite low, especially in Norway, where the curious fact appears that recidivism is higher among those who received a community sentence than among released prisoners. This is probably due to the fact that Norway tends to imprison persons who are caught driving drunk or exceeding speed limits, while these less recidivism-prone categories receive community sentences in other countries. Source: ”Retur”, Nordic Research Group, 2010
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Public opinion REVENGE GENERAL PREVENTION REHABILITATION
SPECIAL PREVENTION REHABILITATION REVENGE GENERAL PREVENTION INCAPACITATION These are all wonderful plans and policies, but how does the general public respond to this rather ”soft” approach? In 2007, a survey was held among a representative sample of the Norwegian public, asking them to identify what they thought were the most important goals with penal sanctions. There was a choice between these five alternatives: revenge, general prevention, special prevention, incapacitation and rehabilitation. Respondents were allowed to mention two of these. These were the results. As you can see, rehabilitation was mentioned most often, which leads us to believe that we have a reasonable amount of support from the general public. This impression was reinforced during the parliamentary discussions in connection with the White Paper, where none of the parties, from far right to far left, had any significant criticism to the plans that were announced. INCAPACITATION SPECIAL PREVENTION REHABILITATION
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The Reintegration Puzzle - Norway
Public opinion Offender Socio-cultural dimension Inclusion Correctional dimension Normality Correctional dimension Normality Socio-cultural dimension Inclusion Service providers Local authorities Staff Policy So here is our reintegration puzzle. It operates along two major dimensions: a socio-cultural one focusing on social inclusion, and a correctional one focusing on normality. The main pieces on the socio-cultural side are public opinion or public attitude and policy as presented by politics and implemented by state-governed bodies. On the correctional side a well-trained staff and a co-operating offender who takes his responsibility are the main elements. Obviously, these two dimensions need to be interlocked as well. As an extra glue between the four jigsaw pieces we need the other service providers, local authorities, volunteers and families to keep them even tighter together.
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Norway or the highway?? Concluding this presentation, I feel safe to say that where many countries and governments seem to have chosen a path towards assessment and management of risks rather than needs, and an approach towards more, longer and stricter prison sentences, Norway has taken another direction. It will be exciting to see if we will be able to stay on this road in the immediate and distant future. Now, mind you, we are not naive. We know that crime is here to stay, we know that some people will never change. But we also know that many actually can and will if treated in the right way and that dynamic security is at least as important as static security. It is a well-known fact that prison does not make a safer society, at least not in the long run. We want to try things the other way around, send our little vikingship upstream on the river of punishment. There is much evidence that this has a better chance of succeeding. The results from our recidivism studies indicate that there must be something we are doing right. It might just be that our values will be paying off if we manage to continue on this challenging course. We think it is certainly worth a try!
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Thank you for your attention!
tel Thank you for your attention!
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