Fear Three Strikes law raising risk to public

Prisoners on 2nd or 3rd offence lacking incentive for rehab courses

Concerns are emerging those sent to prison for “strike” offences are ending their sentences having completed no correctional programmes, raising the risk they pose to the public and also the chance they will be returned to prison.

Inmates serving second and third strikes offences are obliged under the law to serve the full length of their sentence, removing any incentive to seek early parole by taking courses intended to cut reoffending.

It has also been stated the nature of the “three strikes” sentences means offenders are technically barred from courses designed to help them reintegrate with the community — a key factor in stopping inmates from committing crime when released.

The Three Strikes law was passed in 2010 after a deal between the National Party and Act Party.

The concerns emerge ahead of a three-day criminal justice summit being held by the Government in Wellington next week as a major step in Minister of Justice Andrew Little’s plan to reform the criminal justice system.

Lawyer Judith Fyfe, who specialises in parole cases, said those in prison needed access to reintegration programmes — such as release-to-work schemes — to reduce the chance of reoffending on release.

But she said those on second and third strike offences could not undertake reintegration courses because the nature of the sentence meant they were not eligible for parole.

Minister of Justice Andrew Little — who tried and failed to repeal the law this year — said the Three Strikes regime meant offenders would not address the issues which would help keep them out of prison, such as improving literacy and learning skills.

“They’ve got no incentive to do that and why would they because nothing they do is going to make a difference to the time they are there.”

Victim advocate Ruth Money, who is also on Little’s Safe and Effective Justice Advisory Group, said it was negligent to not have a mechanism by which the most serious criminals could seek rehabilitation or reintegration.

Money, who was a member of the Sensible Sentencing Trust at the time it backed the law, said: “Those second strikers — if you look at their history — we should be pushing them through rehabilitation.”

Former National MP Chester Borrows said: “That was one of the reasons I never liked the Three Strikes legislation.

“It was a political animal. It didn’t come out of any sound thinking on behalf of the incoming National Government. It came out of a deal where they needed the Act Party to get into government.”

Justice campaigner and gang culture expert Denis O’Reilly said those sentenced on strike offences would be a danger to staff and other inmates while in jail if they were not engaged in processes which helped them understand why they were there.

“They’re dangerous when they’re in there and they’re definitely dangerous when they come out. The thing is to acquaint people with their predicament.

“If you never realise you have a problem, you’re not going to do anything about it.”

National Party leader Simon Bridges said he believed the Three Strikes law was fit for purpose.

He said “statistical tricks and devices” had been used to “poohpooh” the effectiveness of the law but he believed figures showed it deterred people from reoffending.

There was a drop in the number of people committing repeat offences

when the five years prior to the law being introduced was compared to the five years after. The Ministry of Justice has said there were other changes in that time which likely had impact and there is no evidence Three Strikes reduced repeat offending.

Bridges said: “The strike system is about deterring those individuals from going on to further crime and I would argue . . . that works”.

Corrections chief custodial officer Neil Beales said prisoners could not be forced to take part in prison programmes but effort was made to encourage involvement.

He said those on second or third strike offences often had a history of using violence to solve problems, were fixed in a gang lifestyle or had mental health or addiction issues.

“These can all be barriers to them addressing the causes of their offending and developing new skills and strategies to live crime free in the community.”

A Corrections spokesman said: “Given prisoners with both second and third strikes do not have the possibility of release on parole, they do not qualify for temporary releases or reintegration activities outside prison. ”

[The Three Strikes law] was a political animal.

Former National MP Chester Borrows