Island's penal system faces shake-up
Public Safety Minister Maxwell Burgess is considering strengthening the powers of the Treatment of Offenders Board.
And while he was not prepared to say how this would or could be done, he told The Royal Gazette : "It is in Bermuda's best interest to have a good look at the TOOB.
"I believe that the day has come for that (strengthening the Board's role).
We are to agree at certain levels and to increase the responsibility of the board. It is a question of working it out.'' Mr. Burgess was commenting following the tabling of the Treatment of Offenders Board's 1997 Report in the House of Assembly last week.
Chairman of the Board Austin Thomas, in addition to reiterating recommendations made in past reports, stressed that the time had come to update laws and regulations under which the Board carries out its job -- mainly the Treatment of Offenders Board Act 1979, Prison Rules 1980, and the Young Offenders Act 1950. "Over the last 25 years the role of the TOOB has become extremely heavy and difficult,'' he stated in the 13-page report. "It must be noted that crime and the criminal have become more sophisticated. The attitudes of those incarcerated and the legitimate concerns of society have changed considerably.
"Clearly, the laws and regulations under which the TOOB conducts its affairs need to be updated and brought in line with the role such bodies play in modern penal systems.
"We have had the benefit of visits from Canadian counterparts and without exception, they are amazed that we have not come to terms with certain modern approaches in our system.'' He also pointed out that a Discussion Paper, submitted by Mr. Richard Voss in November, 1993 -- entitled "Role and Responsibilities of Bermuda's Treatment of Offenders's Board'' -- had not yet been fully addressed.
"It must be seen that Bermuda is serious about what is happening in our penal system by implementing measures which are progressive and appropriate,'' he noted.
Mr. Thomas explained that the discussion paper included recommendations thought appropriate to bring the Board's role and the penal system up to date.
For example, he said, the Board could not make decisions on parole or work release.
"We can only make recommendations to the (Public Safety) Minister,'' Mr.
Thomas noted. The Minister can turn them down without giving a reason. "That puts us in a very awkward situation,'' he said. "It's an antiquated situation. In many jurisdictions a panel of the board makes that decision and that decision is conveyed to the inmate.'' The Board also wants the Public Safety Minister to consider the following proposals: Linking parole and work release with attendance and completion of suitable courses in prison; Elevating inmates' self-image and self-worth by letting those competent in skills such as masonry, carpentry and plumbing to do such work in prison.
Penal system could change This would be instead of "bringing in outside employees of Government''; Using drug-sniffing dogs in the prisons on a random basis; Sentencing civil offenders (those who are incarcerated for non-payment of fines, bills and child support in particular) to community service, rather than prison; and Implementing "as soon as possible'' a proposal by prison psychologist Dr.
Michael Burkhead for a revised programme at the Senior Training School.
Mr. Burgess said he intended to study the entire report during the summer.
Regarding drug-sniffing dogs, he said: "I don't propose to make public what methods we will use to stamp out drugs and brew. But I propose to be as vigilant as possible in encouraging the stamping out of drugs in prison and I won't rule out anything.'' Mr. Burgess also admitted that the suggestion of prisoners working in prison "makes good sense''. But he added: "I will need to check with the prison authorities and see what difficulties they may have.
"I have spoken to the chairman of the board and I intend to study this further.''
