Prison conditions did not meet international standards. The prison system was seriously under-funded, with deteriorating infrastructure and poor delivery of essential services. Courts released prisoners, including some facing serious charges, on bail to minimize their exposure to an unhealthy and overcrowded prison environment. The national prison system had insufficient beds, inadequate sanitation, and a shortage of basic necessities. In some cases pretrial detainees and convicted prisoners were held together. (From US State Department Report on Human Rights in Fiji, 2005)

Although the US State Department view of Fiji’s prison conditions comes from a perspective which may be unfamiliar with the historical and traditional realities of the Fiji Prison Service, it is a view which highlights a range of issues which were also identified during the process of drafting the new Prisons and Corrections Act. It is therefore timely that this Act has now been passed by Parliament. The Prisons and Corrections Act replaces the previous legislation of 1966, which was drafted at a time when the central focus of most international prison jurisdictions was security, containment and control encased in a culture of punishment. Indeed, in the Australian context during this period it was a breach of prison regulations for a prisoner to speak to a prison officer, unless spoken to first!

The Australia/Fiji Law and Justice Sector Program has provided assistance to the Fiji Prison Service since 2004 to analyze the implementation issues for the new Prisons and Corrections Act. Not surprisingly the changes are profound, and have significant resourcing, personnel, training and organizational culture implications for the Fiji Prisons Service. These changes can not realistically be implemented overnight, but the Prisons Department has been working to a change management plan since the beginning of this year, with several working parties analyzing different aspects of the new Act.

The purpose of today’s presentation is to provide an overview of the identified short term, medium term and longer term HR and funding requirements for the Prisons Service to be able to adequately implement and comply with the new legislation. You will see that it is intended that the short term requirements relating to Corporate and HR management capacity building, as well as those relating to the support of broader Community Corrections initiatives and establishment of the Parole Board, will be the subject of a budget submission for 2007. The other medium to long-term changes will be the subject of incremental or supplementary budget submissions as the organization develops to meet the challenges presented by the new legislation.

The following proposed structural changes are intended to be considered separately to the Public Sector Investment Program (PSIP) submission which has already been submitted to the PSIP.  However, there may well be opportunities to mesh some of the resourcing requirements identified below with the PSIP proposal.

It should be noted that many of the structural changes recommended here have been made in previous Reviews and Job Evaluation Exercises conducted in relation to the Prisons Service since the late 70s. Subsequent budget submissions by the Prisons Department to implement similar recommendations have been rejected by government. With the passing of the new Prisons and Corrections Act, it is timely and important to reinforce some of these previous recommendations, and identify resourcing requirements, in order for the Prisons Department to adequately comply with requirements of the new legislation.

Short Term Strategies
Human Resource Management and Corporate Capacity
Developing the long term capabilities of the Prison Service requires an effective and efficient organizational structure and corporate capability. In particular a number of key functions need to be effective:  Organizational planning, project planning and development, organizational research, human resource management, asset management and financial planning. 

The current organizational structure within the Prison Service relies on some senior level positions taking responsibility for 2 or 3 core functional areas and at times report to two different senior officers as a result of these different roles. For example the current Staff Officer, Research and Planning is required to conduct research, manage IT projects, compile annual reports, book and organize overseas travel for the Commissioner, as well assist in the coordination of projects. The senior officer in charge of security and investigations is also responsible for occupational health and safety. These are examples of overloaded roles where there is a lack of support, a lack of clarity in reporting lines and supervision, and ultimately positions where people are less than effective in the many tasks they do.

As a result, it is proposed that a restructure of the Prison Service be conducted to create two clear divisions: An Operations Division and a Support Services Division. The support services division will provide all corporate support services to the operations of prisons and will require a senior manager to coordinate across these functions. A number of key positions will need to be created to provide support to the research and planning officer, provide human resources support, occupational health and safety support as well as staff welfare support. In addition the Executive Officer is proposed to be upgraded with the addition of new responsibilities. By having designated roles for occupational health and safety and staff welfare, the Commissioner’s duty of care obligations under the Health and Safety at Work legislation will be more adequately fulfilled. The new structure proposed for the support services division is detailed in Appendix A and additional information regarding the roles and responsibilities of these positions is provided.

These new positions are seen as critical to the development of the corporate capability of the Prison Service and the ability of the Prison Service to effectively plan and coordinate the transition required to fulfill the requirements of the new Act.

Prison Enterprises
Section 45 of the new legislation provides for the establishment of Prison enterprises.  Specifically, the legislation allows for Regulations and Commissioners Orders make provisions for: 

1. the setting of prices and charges on a commercial basis;
2. the imposition of the “user pays” principle;
3. the establishment and proper operation and accounting of special funds established in accordance with law to facilitate commercial enterprises; and
4. any other matter that fosters prison enterprises and the meaningful participation of appropriate prisoners in them.

Accordingly, a working party has been examining the current processes for the management, operation and reporting of activities of Prison Industries and Farms. It has become quickly apparent during the course of scoping the current activities that there is limited business and accounting rigor attached to the process. The methodology currently used to calculate the net revenue from agricultural activities is confusing. Systems for gathering information to inform the methodology are ad hoc and not consistently used in each prison. There appears to be a lack of rigor attached to the accounting practices that have been developed. Although the staff responsible for managing the farm and industries activities is operationally competent, there is currently an absence of business ‘know how’ and expertise to realistically fulfill the requirements of section 45 of the new Act – that is to establish a commercially viable Prison Enterprises.

It is therefore proposed that the Prisons Department is provided with 2 new positions; a Business Development Manager and a Marketing Manager. The responsibilities of these new positions would involve the establishment of a commercial business management approach to productive prison activities, the development of a consistent system-wide approach to managing and accounting for these activities, the development of more efficient approaches to productivity, the examination of alternative activities and markets and the development of targeted vocational and skills training programs for prisoners to enhance their chances for post-release employment.

Medium Term Strategies
Classification Process
All contemporary Prisons and Corrections jurisdictions which focus on the importance of an effective rehabilitation process to assist to reduce re-offending, incorporate a case management or integrated offender management approach to the individualized management of prisoners. This process invariably commences from the point of entry into the prison system following sentence. To facilitate the process a thorough initial assessment, case planning and intervention process is put in place which is commenced and driven by the classification process.

At present the Fiji Prisons Service does not have the systems or resources in place to undertake this process. The Classification and Allocation Board, currently responsible for the initial placement of prisoners, is therefore not armed with the most comprehensive information available with which to make decisions which will ultimately enhance the prospects for prisoner rehabilitation. The importance of having such processes and availability of key prisoner information will come into sharper focus when we examine the information requirements of the Fiji Parole Board to make sound decisions concerning the release of prisoners.

Although more work needs to be undertaken to develop a more systematic approach to the case management of prisoners, it will be necessary to allocate dedicated resources to the assessment of prisoners, including the gathering of comprehensive and relevant information with which to develop and endorse realistic case management plans. Additional independent expertise may also be required to participate on the Classification panel, in order to bring broader psycho-social and community safety perspectives to the decision-making process. For example, in other jurisdictions, psychologists, police and victim group representatives have contributory roles on Prisoner Classification Committees.

Case Management
To appropriately support the case plans that will be approved by the Prisoner Classification Committee case management focused staff will need to be located in each prison to ensure that the case management plan is being adhered to and that every opportunity is provided to the prisoner to achieve the goals that are identified within the plan. Again, more work is required to identify the system and best staffing structure to support such a system, but ideally, the majority of all staff activity, beyond basic security and administration requirements, should be aimed at providing an environment which is conducive to the rehabilitation of prisoners.

The Fiji Prison Service is already examining the development and implementation of a case management system and is consulting with external stakeholders and service providers to explore an integrated approach which involves community-based service providers and resources. It is expected that local staff at each prison will need to be allocated to the roles of case management coordinators and receive appropriate training. It is likely that these positions can be subsumed within the PSIP submission for additional operational staff.

Parole Board 
Section 49 of the Act establishes a Parole Board. Section 50 of the Act provides for the Commissioner to have responsibility for the supervision of prisoners who are released into the community on Parole. A Justice Parole Board Working Party has been established to oversee the development of a model of operation for the Parole Board. This work will dove-tail with the intersectoral work currently being undertaken by the Justice, Social Welfare, Youth and Fijian Affairs Ministries to develop a capacity to supervise and support offenders who are given community work or probation as an alternative sentence to imprisonment.
 
It is also likely that sentencing legislation will need to be amended to inform a change to sentencing practices to allow for the setting of non-parole periods at the time of sentencing. The current review of the Penal and the Criminal Procedures Codes is likely to be the catalyst for these changes and discussions have already occurred in relation to these matters with the consultants undertaking the review. However, the review won’t be completed until the end of 2006. In light of the time required to pilot the Probation and Community Work system and introduce new sentencing legislation, it is probably not realistic for the Parole Board to be functioning before the beginning of 2008.

Nevertheless, the work to develop a model of operation for the Parole Board will continue with the assistance of the AFLJSP. This will involve the development of the model and the drafting of appropriate regulations to provide the legal framework for the model.

All Parole Boards require significant administrative support, for which a secretariat is required. A secretary will need to be appointed, in all likelihood some months before the Parole Board is fully functional. The Parole Board Secretary will need to be involved in the development of a range of administrative and support policies, practices and procedures. The secretary is likely to require at least 2, and possibly 3, clerical staff to assist with the administrative requirements of the Parole Board.

It is suggested that the Secretary position will need to be in place, at the latest, by the middle of 2007 and the clerical support staff during the following few months.

 
Community Corrections
As discussed above, the Ministries of Justice, Youth, Social Welfare and Fijian Affairs are currently establishing a pilot community corrections capacity to manage offenders sentenced to Community Work and Probation. This is an initial phase of a broader strategy to ultimately transfer the responsibility for the community-based management of all offenders to the Justice Ministry, and in all likelihood, to the Prisons Department. This capacity will eventually also have responsibilities for the supervision of prisoners who are released from prison on parole.

The resourcing implications for this function will not be fully apparent until the pilot process has been evaluated. However, notwithstanding the need for field staff to be involved in the supervision and monitoring of offenders in the community, as well as the support and training of community-based volunteers, it is recommended that a management infrastructure is developed for policy, planning, leadership, accountability and evaluation of service provision. Just as these functions are required for the day to day functioning of the Prisons, a similar management structure will be required for a Community Corrections Division.

The AFLJSP was in the process of working with AusAID to secure funds to develop a Project Team to assist develop the operating models for the Community Corrections capacity and the Parole Board. This approach was recently endorsed by the Justice Sector Strategic Leadership Group.

During the latter half of 2007 it is likely that the need for the management of these models will come into sharper focus. Just as it is recommended, above, that the Parole Board Secretary position be established by the middle of 2007, it is considered that it will be appropriate, at the same time, to employ a Director, Community Corrections position and Principal Probation and Parole Officer to undertake management responsibility for the broader community corrections infrastructure. 

Women’s Prison
The Prisons and Corrections Act provides the Minister with powers to make regulations that will support “…arrangements for female prisoners and their children consistent with the rights and obligations of CEDAW and CRC, and in particular the rights of mothers to feed and care for their infant children while in prison;” [s. 54 (1) (o)].

Draft Commissioner’s Order No 20 provides for children to be able to live with the mother in prison up to the age of 6 years. Of course, an appropriate assessment process and policies will need to be developed to cater for this change.

But more immediately, the current physical structure of the Women’s Prison in Suva is not an appropriate in which to raise children. The building is old and has inadequate facilities to be able to cope with the needs of babies and young children.

The working party which has been examining this issue has commenced a process of drafting plans which will develop the Women’s Prison to be able to cater for the needs of young children.  Once completed, the plan will be forwarded to the PWD for more detailed drawing and costings.

It is a distinct possibility that Donor funding could be sought from AusAID to assist with the construction of the refurbishments for the Women’s Prison.

Ultimately, to adequately provide for the health, education and welfare needs of children in prison, a range of stakeholders and service providers will need to be engaged. It is unclear at this stage whether the there will be human resource costs attached to this for the Prisons Department. It may be that the enhanced services will be provided by current service providers. More analysis in this area will be required.

Human Resource Development  
As outlined in this document, the roles and responsibilities for prison officers will change as a result of the new Prisons and Corrections Act and there will be increasingly competence and performance requirements placed upon them. Consequently it will be important to revisit the salary structure currently in place for prison officers. It is proposed that the new HR capability developed within the Prisons Service will create clear position descriptions for key roles and will document the key competencies for and expected outcomes from each rank level. These activities will enable discussions to occur with PSC regarding the evaluation of these roles and the appropriate remuneration. In addition, this salary review will enable parity to be achieved with other similar organizations such as police. Further discussions will be sought with PSC on this issue and it is expected that a request for a job evaluation will be completed and made in 2007