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'Prison Isn't A Hospital,' Investigator Says
Deana Stokes Sullivan  
The Telegram
July 9, 2011
http://www.thetelegram.com/News/Local/2011-07-09/article-2642784/%26lsquo%3BPrison-isn%26rsquo%3Bt-a-hospital,%26rsquo%3B-investigator-says/1 

Concerns raised too many mentally ill being 
incarcerated, warehoused

Recently, in provincial court in St. John's, two men
charged with unrelated sex offences appeared in separate
court rooms asking for sentences of more than two years
so they could access treatment programs in federal
prisons.

One man, who admitted to acts of indecent exposure on a
walking trail, said he had been asking for help locally
long before being arrested. He said he was told by
someone he wouldn't name that he would likely have to
make a good attempt at committing suicide to be admitted
to a psychiatric facility for treatment.

The defence lawyers and judges hearing the cases agreed
to federal prison terms for the two men.

Howard Sapers, correctional investigator of Canada, says
this is happening right across the country. He's heard
it's happening even more frequently with female
offenders, where their lawyers will tell the court their
clients could benefit from a program offered at a
federal women's centre.

Sapers, who serves as an ombudsman for federal offenders
and prepares annual reports for the Correctional Service
of Canada, describes this as "very much a double-edged
sword."

There is good programming in the federal system, he said
in an interview, but there are also long wait lists and
backlogs.

"While an individual may believe they will get access to
good treatment in a federal prison, the reality is that
they likely won't, particularly if they have a very
short sentence," he said. "Access to correctional
programs in the federal system are plagued by a number
of issues: physical space shortages, so not enough
classrooms for example. . No. 2, not enough people to
deliver the programs and, No. 3, overcrowding,
particularly in medium security."

Sapers said these three issues combined "really confound
correctional plans," which are based on assessments and
screenings. An inmate may be recommended to be placed in
a program dealing with sexual aggression, for example,
but that program may be in high demand, not offered in
every federal prison or the offender may not be
incarcerated at the same time the program is offered.

The inmate may be released without the program they
hoped to avail of, Sapers said, or if they're being
considered for a conditional release, the parole board
may not grant it because they haven't been able to make
progress through a prescribed treatment program. If they
have to stay in prison longer, this contributes to
overcrowding and "fuels the whole cycle all over again."

In his 2009-10 report, Sapers raised concerns that
federal penitentiaries are fast becoming the nation's
"largest psychiatric facilities and repositories for the
mentally ill."

As a society, he said, "we are criminalizing,
incarcerating and warehousing the mentally disordered in
large and alarming numbers" because their needs are not
always met in the community health and social welfare
systems.

Sapers' mandate is federal, so he can't make direct
recommendations to provinces. But he did comment on what
he feels is contributing to problems in the federal
corrections system.

"We've got a tremendous number of men and women coming
to criminal courts right across the country who really
should be dealt with outside of the legal system," he
said, such as people with mental disorders and
addictions. "It's their health status which has
contributed to bringing them into conflict with the
law."

One way to deal with that, he said, is to provide more
supports in the community "to provide treatment options,
therapeutic options."

Before women get in trouble with the law, Sapers said,
they typically have lived in very marginalized
conditions, often with no fixed address, and may be
dealing with addictions, mental health or other issues.

"If we could deal with all of those issues before they
break the law, before you have to call the police, that
would probably give us the best return on our
investment. And that's a combination of federal and
provincial responsibilities."

There are many stories, he said, of men and women coming
to hospital emergency rooms in acute phases of mental
illness, in distress and not being the most coherent,
reasonable or logical.

"As they make their demands for service, they also
attract negative attention and so often we see these
people . then having to deal with the police because
they're being charged with threatening behaviour. .
Eventually they get the help that they came for, but
they get it through the courts," Sapers said. "It is a
very expensive and inefficient way for these people to
receive the help that they need."

Sapers said the annual cost for one federal inmate is
now around $100,000 a year, up from $83,000 a year in
2003-04. In some cases, it can be up to $300,000 a year,
depending on the security classification, intensity of
the treatment and programs required, as well as how many
times the offender is moved, whether there are appeals
and whether they have to go back and forth to court.

Overcrowding and an increase in double-bunking is also
causing safety concerns, he said, with security, use-of-
force and self-harming incidents on the rise.

"I suppose it's an academic question to decide whether
or not there's a direct correlation, but there certainly
is a corresponding increase in institutional violent
incidents and crowding," he said.

His latest report provides a one-day incarcerated
offender count of 13,353 on May 10, 2009, with 3,190
assignments to core correctional programs.

Sapers said the Correctional Service of Canada has to
take whoever the courts send them.

"That's why I say, to start with, let's look at who it
is we're sending to prison and let's understand what the
role of a prison is," he said. "Prison isn't a hospital
- it never can be - so that's the first thing, to make
sure we're using prison appropriately."

He has also recommended aligning resources to meet the
need because the Correctional Service of Canada
currently spends less than three per cent of its annual
budget on programs. Sapers believes program spending
should be brought back into balance and an adequate
array of programs offered.

Sapers' 2010-11 report has been submitted to the federal
minister and is expected to be made public in the near
future.

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