The Environment for Prisoner Employment

The Prisoner Employment Strategy 2006-2009 proposes to further develop and implement positive opportunities for prisoner employment, employment related training, and release to work. 

Where relevant, the strategy also looks to enhance education and other activity that supports the development of these activities.
The strategy responds to recent findings and recommendations regarding prisoner employment in the Ombudsmen’s report titled Ombudsmen’s Investigation of Department of Corrections in Relation to the Detention and Treatment of Prisoners, which was released in December 2005.  In particular, the strategy is designed to address the:

• perceived reduction in “available meaningful employment”: by increasing the range and quality of employment and employment related training for prisoners, to meet both prisoner need and potential employer expectations;
• impact of commercial viability on the provision of prisoner employment: by reviewing current business models for business-like employment industries operated by the Department for prisoners ¹; and
• targeting of restricted numbers of prisoners for employment activities: by increasing the number of employment related opportunities for all prisoners,  particularly those that could not previously access some employment activities (e.g. short-serving prisoners).

The strategy also responds to a number of environmental challenges, as set out in the following section.

Environmental Challenges for the 2006-2009 strategy

There are a number of environmental challenges that have an influence on the success of prisoner employment.  These challenges, which are the key drivers of the strategy (and which the strategy will work to address), are described under the headings below.

Labour Market Disadvantages

In general, people who have criminal convictions suffer particular labour market disadvantage.  Employers are likely to be reluctant to employ people with criminal histories.  In addition the nature of an individual’s offending may have the effect of locking them out of particular industries.  Accordingly, ex-prisoners are likely to have higher unemployment rates than the general population.  Contributing to this is a lack of qualifications, substance abuse problems, disability issues, low income and limited employment expectations prior to incarceration. 
To overcome these issues prisoner employment activity will need to provide prisoners with a path that facilitates the development of skills that maximises their attractiveness to potential employers.

Prisoner numbers

Approximately 49% of prisoners are employed in prisoner employment at any one time, although participation rates by prison are variable.  Over the period to 2010, the Ministry of Justice forecast²  predicts that prisoner numbers will increase to nearly 8587.

Much of the growth in prisoner numbers will be accommodated in new prisons, which have been designed and built with a focus on successful rehabilitation of prisoners.  This includes anticipating high levels of prison employment for prisoners.  It will, however, be a challenge to find employment activities within prisons to adequately cater for the forecast growth in prison population.  This means that innovative approaches will be needed to maximise prisoner numbers in meaningful employment related activity.

Māori

Māori are disproportionately represented in the criminal justice system, and the prisoner population. While 14.5 percent of the general population identify as Māori, over 50 percent of new receptions to prison, and around 45 percent of new starts on community-based sentences identify as Māori.

Rates of re-imprisonment for Māori are also significantly higher than rates for European.  The re-imprisonment rates for Māori after 12 and 24 months following release are 32% and 41.6% respectively.  The re-imprisonment rates for European at 12 and 24 months following release are 27.2% and 34.6% respectively.³  

A key issue for the strategy will be to ensure that the primary focus is on improving employment outcomes for Māori, through maximising employment related opportunities in prison. This will in turn impact on the overall re-imprisonment rate.  This means that effectiveness for Māori must be at the forefront of the strategy, as this is likely to produce the greatest gains towards reducing re-offending.

Prisoner Traits and Eligibility

For prisoner employment interventions to be effective, they must be responsive to the following factors:

• 30% of prisoners serve less than 13 weeks making meaningful engagement with prisoner employment activities difficult.  Work needs to be done to increase participation of short-serving prisoners (and those nearing release 4) in post-release employment, or further employment related training while still in prison;
• a large percentage of prisoners have restrictions such as high security classification or drug user status, which constrain work opportunities 5.  Therefore, employment interventions in prisons will need to be cognisant of different security environments and prisoner status issues;
• competing priorities (such as attendance at rehabilitative programmes or special focus units) on prisoner time (particularly, towards the end of sentences), reduces the availability of prisoners for some employment related activities.  A structured approach to the management of prisoner time is required, which integrates employment with rehabilitative and other activities;
• as the prison population increases, prisoners are regularly moved (within and between prisons) to balance prisoner numbers across prisons.  This can result in high rates of turnover in employment related activities.  Therefore, employment and training interventions need to be considered as part of the management of prisoner numbers across prisons, and employment related training delivered on a consistent basis across prisons.  For example, continuity in the delivery of training if a prisoner is moved; and
• prisoners in male Young Offender Units currently have limited employment and employment related training opportunities, so further development of employment opportunities for young prisoners is required. Young prisoners require special focus, given the likely long term fiscal and social benefits of their successful reintegration.

Work skills and qualifications

A significant number of NZQA unit standards are delivered in prisons. However, the unit standards are not always related to a prisoner’s particular employment needs, or those of an external employer.  The employment market should shape the employment and employment related training in prisons.  Therefore, this strategy will help to:

• facilitate closer linkages with industry bodies and Industry Training Organisations (ITO) 6;
• ensure that prison employment activities provide unit standards, qualifications, or experience relevant to the labour market; and
• ensure that employment interventions address the skill needs of different prisoner groups, as well as meeting labour market shortages.

Reintegration

The pathway between prison based employment and employment related training and sustainable post-release employment for prisoners needs to be strengthened.  Therefore this strategy proposes that:

• the Department will continue to develop and implement effective employment initiatives with other organisations, in particular the Ministry of Social Development; and
• the release to work scheme will be strengthened to ensure optimal prisoner participation in the scheme, while not compromising public safety.

Sustainable performance

While there has been significant improvement in the sustainability of business-like industries operated by the Department for prisoners, these activities do not yet operate at a long term sustainable level. Besides the commercial risks of operating in largely commodity markets, prisoner employment has a range of other challenges, including:

• difficult physical environments (e.g. security constraints);
• high supervision costs;
• prison sites are not always close to major markets or a reliable transport infrastructure;
• the high turnover of prisoners;
• the small size of some industries;
• the geographical spread of industries;
• the broad range of industry sectors;
• the need for staff with both business acumen and custodial skills; and
• competition with the private sector.

Prison industries operate to impart work ethic and skills to prisoners, which in turn facilitates prisoner employability on release. 

Although prison industries need to perform on a sustainable basis in terms of balancing operating cost and revenue, greater investment by Government in operating cost, to facilitate prisoner skill development and post release employment in relevant industries may have significant long term social benefits. 

The strategy proposes to review the model for sustainable business performance with a view to incorporating the full benefits of prisoner employment, such as qualifications gained and work experience delivered, coupled with the investment required to achieve these benefits for the maximum number of prisoners.

This strategy also proposes that:

• each industry sector will need its own detailed strategy to achieve a sustainable financial performance in the medium term; and
• industries need to work in close partnership with the private sector to address both risk and competition issues.

Prisoner Employment Outcomes

International research supports the link between employment, employment related training and reduced recidivism.  Increased research into the specific prisoner employment needs and outcomes from departmental employment activities is required. 
The strategy includes proposals to undertake research and evaluation of employment outcomes for prisoners, and specifically analysing outcomes for Māori and barriers to Māori participation in employment activities. Two initiatives the Department is undertaking to measure the effectiveness of employment related activities are:

• A Framework for Employment and Education Interventions: to set performance standards for literacy and numeracy and for specific employment activities within the Department; and
• An Evaluation of the Department’s Prisoner Employment Outcomes: to identify factors that affect employment opportunities; readiness to work; and post-release employment related outcomes.
  

The results of this work, including effectiveness for Māori, will inform the design and delivery of employment opportunities for prisoners.

1 Note that there are a number of employment activities in the Prisoner Employment Strategy which provide meaningful employment or training but do not need to be commercially viable from a Corrections’ cost revenue perspective. For example: internal self-sufficiency activities such as cleaning, prison asset maintenance, and community services work.

2 The 2006 Ministry of Justice prison population forecast indicates that ongoing growth in prison numbers is likely, with a continuing increase over the next 4 years taking the current prison population from approximately 7,600 to 8,587 by March 2010, an increase of 13%.

3 12 and 24 months reimprisonment rates are based on releases in 2003/04 and 2002/03 respectively.

4 Prisoners nearing release are involved in a number of reintegrative activities and that can affect their participation in employment related activities.

5 These also include prisoners who are on remand (remand prisoners cannot be required to work under current legislation), and those who are on segregation.

6 The Department provides assessors for industry training qualifications through Industry Training Organisations, but prisoners are not eligible for the Industry Training Fund.