Towards a health-informed approach to penal reform? Evidence from ten countries
among prisoners and staff and, from them, to their families and wider communities, are one aspect of this. Another
is the heightened risk presented by the release of prisoners suffering from mental health conditions that have arisen
(or worsened) as a result of a harmful custodial environment.
From a criminal justice perspective, when imprisonment leaves people in worse health than when they
entered custody, the prison system fails to tackle crime other than through the brute fact of incapacitation. Most
penal systems, including several of those in our ten country project, rank the rehabilitation of offenders highly
among the purposes of imprisonment: in some countries, such as the Netherlands, it is expressly prioritised.23
An essential pre-condition of rehabilitation is an environment that guarantees adequate care and protection for
the health and wellbeing of prisoners and staff alike.
In reality, effective healthcare, rehabilitation and resettlement
services will be hard to find in the under-resourced or overcrowded prison. When people leave prison without having
accessed the support they need, or in poor health, their prospects
of finding and keeping a job and a home and of avoiding the
misuse of drugs and alcohol will be reduced. This in turn can
increase the risk of reoffending and returning to prison, perhaps in
worse health – the ‘revolving door’.
Tackling these challenges requires a health-informed approach
to penal reform that has two major components. The first
is reducing numbers in custody. The second is improving
conditions and health provision in prisons. We deal with each
in turn below.
So many are left by their husbands
during time in prison – then their
families won’t take them back.
Women are expected to be with their
husband till they die. So once you’ve
been criminalised you’re beyond help
and society doesn’t care. You end up
on the street or back in prison.
Female ex-prisoner 1, Kenya
4.2 Reducing numbers in custody
We approach this in two stages. First, we briefly discuss the need to reduce the size of prison populations
overall (including pre-trial/remand and sentenced prisoners); we then focus on options for reducing numbers of
prisoners with mental health conditions.
4.2.1 Reducing overall numbers in custody
In 2000 the world’s prison population was around 8.7 million: in less than two decades, it has increased
to its present level of at least 11 million (Walmsley, 2018). Many countries have seen particularly rapid and
unsustainable rises in their prisoner populations in just a few decades. America’s total prison population more
than quadrupled between 1980 and its peak in 2008. In Brazil, prisoner numbers increased twenty-fold from
around 30,000 in 1973 to nearly 720,000 today.24 See Figure 7 for the percentage change in total prisoner
numbers in each of the ten countries.
The growth of some prison population groups is all the more concerning in view of their specific health needs
and vulnerabilities. The global female prison population has risen far more steeply than the male, having grown
by more than 50 per cent since 2000 (whereas male prisoner numbers grew by around 20 per cent in the same
period) (Walmsley, 2017). Numbers of women prisoners have risen in all five continents, but by larger margins
in the Americas, Asia and Oceania than in Europe and Africa. There have also been significant increases in
the numbers of foreign and ethnic minority prisoners over recent decades, particularly in western European
countries.25
23 Netherlands Penitentiary Principles Act 1998 (Penitentiaire beginselenwet)
24 For a more detailed account of each of the ten countries’ recent imprisonment trends within a global context, see Jacobson et al, 2017,
http://www.prisonstudies.org/sites/default/files/resources/downloads/global_imprisonment_web2c.pdf.
25 See for example Aebi et al, 2018.
20
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