NCJ Number
62966
Date Published
1979
Length
37 pages
Annotation
THE IMPLEMENTATION AND ENFORCEMENT OF MINIMUM STANDARDS FOR THE TREATMENT OF FEDERAL PRISONERS IN AUSTRALIA ARE DISCUSSED IN CONJUNCITON WITH THE LAW REFORM COMMISSION'S REFERENCE ON SENTENCING.
Abstract
TO DATE, NO STATE IN AUSTRALIA HAS IMPLEMENTED THE MINIMUM STANDARDS RULES FOR TREATMENT OF PRISONERS ADOPTED BY THE UNITED NATIONS. WHILE CONDITIONS IN SOME AUSTRALIAN PRISONS COMPLY WITH THE RULES, WORKING PAPERS POINT OUT THAT IMPORTANT STANDARDS IN THE RULES ARE NOT BEING MET. CONDITIONS IN CUSTODIAL INSTITUTIONS FALL SHORT OF THE STANDARDS IN RESPECT TO ACCOMMODATION, SEGREGATION OF PRISONERS, TREATMENT OF INSANE AND ABNORMAL PRISONERS AND WORK. WITH A VIEW TO ENSURING COMPLIANCE WITH THE STANDARDS, SEVERAL PROPOSALS ARE (1) IF UNIFORM MINIMUM STANDARDS ARE NOT IMPLEMENTED BY THE STATES IN THEIR CORRECTIONAL SYSTEMS, THE COMMONWEALTH SHOULD PRESCRIBE CERTAIN MINIMUM STANDARDS FOR THE TREATMENT OF ALL FEDERAL PRISONERS; (2) BEFORE IMPOSING A SENTENCE OF IMPRISONMENT ON A FEDERAL OFFENDER, A COURT SHOULD BE REQUIRED TO INSPECT PRISON CONDITIONS TO SEE IF THEY MEET WITH MINIMUM STANDARDS; AND (3) CONSIDERATION SHOULD BE GIVEN TO ESTABLISHING A FEDERAL CORRECTIONAL OMBUDSMAN TO INVESTIGATE COMPLAINTS BY FEDERAL PRISONERS. ALTERNATIVELY, THE COMMONWEALTH OMBUDSMAN SHOULD INVESTIGATE COMPLAINTS BY FEDERAL PRISONERS. FOOTNOTES AND AN APPENDIX ON THE IMPLEMENTATION OF THE UNITED NATIONS' RULES IN 1974 ARE GIVEN. THE AUSTRALIAN LAW REFORM COMMISSSION'S REFERENCE ON SENTENCING TERMS ARE INCLUDED. (MJW)