Half of offenders breached community correction order in program's first year, report finds

CONCERNING: Half of the offenders placed on a community correction order in 2012-13 breached their order, a new report has found. Almost half of those breached the order within three months.

CONCERNING: Half of the offenders placed on a community correction order in 2012-13 breached their order, a new report has found. Almost half of those breached the order within three months.

THE community correction order was introduced to replace suspended sentences in Victoria during 2012.

Former Attorney General Robert Clark promised at the time that the orders would improve public safety and reduce crime.

“A new comprehensive community correction order … will put real teeth back into community sentencing,” he told the parliament.

But a report released on Monday has shown that in the first 12 months of the program, the court-imposed orders were struggling to stop re-offending.

The Sentencing Advisory Council studied 7645 offenders who were placed on community correction orders from July 1, 2012 to June 30, 2013.

They found half of the offenders breached their order – 35 per cent by re-offending, 15 per cent through non-compliance, committing a total of 15,941 offences.

Of those who re-offended, 44 per cent committed a theft or dishonesty offence, and 39 per cent committed a driving offence. The study also found 44 per cent of those re-offended within the first three months – four per cent within the first week.

The study found many re-offend before Corrections Victoria has a chance to address their behaviour.

Young offenders are likely to be placed on the orders. But they are also likely to breach their orders.

The study found offenders aged under 25 are nearly twice as likely to reoffend.

Sentencing Advisory Council chairman Arie Freiberg said the results showed the importance of connecting offenders with rehabilitation quickly.

“To prevent re-offending, support services and programs need to start as soon as possible after offenders receive their CCO, because the first few months after sentencing are when re-offending is most likely to start,” he said.

“This was especially important for young offenders.”

Community correction orders are non-custodial, but their conditions can be punitive. They allow offenders to address the cause of their offending, and offer rehabilitation, while remaining under the watch of the state.

In short: they are an alternative to prison, and sit just below imprisonment in the sentencing hierarchy.

The report identified drug-related crime – specifically methamphetamine – as common among those who re-offended while on community correction orders.

It speculated theft, dishonesty and weapons offences were likely connected to drugs. Seven per cent also directly committed a drug offence – use, possession or trafficking.

These categories totaled more than half of the re-offending, not including drug driving.

Given community correction orders are often designed to address drug use, these statistics raised a number of questions.

A Managing Community Corrections Orders report from the auditor-general this year found there was an unacceptable waiting time for offenders attempting to access rehabilitation.

“Increasing demand for support programs and services means that offenders may face significant wait times before they can access support,” the report stated.

“This is concerning, as timely access to support programs and services reduces the risk of offenders on CCOs committing further crimes.”

The result echoed a study by the Australian Institute of Criminology which found that, in 2014-15, half of those in custody had consumed methamphetamine in the last 12 months, compared to 2.1 per cent of the general population. 

Weapons offences attracted the highest rate of re-offending. Fifty per cent of those given a community correction order in the magistrates’ court for a weapons offence went on to re-offend, while 17 per cent breached conditions of their order.

The orders also did not appear to be a deterrent to those who had breached intervention orders – 44 per cent went on to reoffend. Nine out of 10 already had prior convictions.

The data came from a 12-month period four years ago, but the program has changed and evolved since.

In January, a new case management framework was put in place to manage family violence offenders who were serving community correction orders.

Corrections Victoria has also changed the way it assesses an offender’s risk.

While the orders appeared to be struggling to stop re-offending, there was at least one positive outcome in the report: Keeping offenders on community correction orders remained a far cheaper option.

It costs more than $10,000 a year to manage one offender on a community correction order – compared to $131,700 a year for each prisoner.

Snapshot

The study found 50 per cent of people breached their order: 

  • 35 per cent through reoffending; 15 per cent through non-compliance;
  • 44 per cent through theft or dishonesty offences; 
  • 39 per cent through driving offences; 
  • 44 per cent reoffended within three months; 
  • Four per cent reoffended in the first week; 

The study found 35 per cent of those who reoffended were sent to jail while 27 per cent were kept on a CCO. 

About 50 per cent of those on CCO for weapons offences re-offended while 44 per cent on CCOs for breaching intervention orders re-offended. 

Offenders aged under 25 were twice as likely to re-offend and those with prior convictions were three times as likely to reoffend. 

More than 80 per cent of people on CCOs were men.

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