❓ WA Parliament Question on Notice regarding the number and treatment of people with intellectual disabilities held in prison, particularly Indigenous individuals held under the Criminal Law (Mentally Impaired Defendants) Act 1996, and the lack of alternatives to prison.
AnsweredQoN 3082Legislative Assembly
QuestionView source ↗
(1) How many people with Intellectual Disabilities are currently being held in prison in Western Australia?
(2) How many of those being held in custody are there for an indeterminate time, and held under the
Criminal Law (Mentally Impaired Defendants) Act 1996
?
(3) What number of these are Indigenous persons, and what geographical areas do they come from?
(4) What is the longest time that a person is held under this Act?
(5) What is Department of Disabilities Services Commission role in supporting these people whilst in custody and after their release?
(6) What diversionary programs does either the Disabilities Services Commission or the Department of Justice have to give the courts an option other than prison, for this group of people who have never been found guilty of a crime?
(2) How many of those being held in custody are there for an indeterminate time, and held under the
Criminal Law (Mentally Impaired Defendants) Act 1996
?
(3) What number of these are Indigenous persons, and what geographical areas do they come from?
(4) What is the longest time that a person is held under this Act?
(5) What is Department of Disabilities Services Commission role in supporting these people whilst in custody and after their release?
(6) What diversionary programs does either the Disabilities Services Commission or the Department of Justice have to give the courts an option other than prison, for this group of people who have never been found guilty of a crime?
AnswerView source ↗
Answered
21 October 2004
Responded by
Minister for Justice
Response time
65 days
(2) The Department of Justice advise 5. (3) The Department of Justice advise 4 of those prisoners referred to in (2) are Indigenous and come from the Goldfields, the Pilbara, and the metropolitan area. (4) The Department of Justice advise a person may be held under this Act for an indefinite period. (5) The Department of Justice advise staff members of the Disability Services Commission work collaboratively with Department of Justice staff providing information about the impact of the disability, consulting about working with people with disabilities, and assisting in the development of release plans for people with disabilities in prison.The Commission provides the opportunity for eligible people with disabilities to apply for funding for the provision of services upon their release from prison. (6) The Department of Justice advise there is currently no alternative to prison for defendants with intellectual disabilities, who require secure custody, due to the lack of a "declared place" as defined in the Criminal Law (Mentally Impaired Defendants) Act 1996 (WA).
(3) The Department of Justice advise 4 of those prisoners referred to in (2) are Indigenous and come from the Goldfields, the Pilbara, and the metropolitan area. (4) The Department of Justice advise a person may be held under this Act for an indefinite period. (5) The Department of Justice advise staff members of the Disability Services Commission work collaboratively with Department of Justice staff providing information about the impact of the disability, consulting about working with people with disabilities, and assisting in the development of release plans for people with disabilities in prison.The Commission provides the opportunity for eligible people with disabilities to apply for funding for the provision of services upon their release from prison. (6) The Department of Justice advise there is currently no alternative to prison for defendants with intellectual disabilities, who require secure custody, due to the lack of a "declared place" as defined in the Criminal Law (Mentally Impaired Defendants) Act 1996 (WA).
(4) The Department of Justice advise a person may be held under this Act for an indefinite period. (5) The Department of Justice advise staff members of the Disability Services Commission work collaboratively with Department of Justice staff providing information about the impact of the disability, consulting about working with people with disabilities, and assisting in the development of release plans for people with disabilities in prison.The Commission provides the opportunity for eligible people with disabilities to apply for funding for the provision of services upon their release from prison. (6) The Department of Justice advise there is currently no alternative to prison for defendants with intellectual disabilities, who require secure custody, due to the lack of a "declared place" as defined in the Criminal Law (Mentally Impaired Defendants) Act 1996 (WA).
(5) The Department of Justice advise staff members of the Disability Services Commission work collaboratively with Department of Justice staff providing information about the impact of the disability, consulting about working with people with disabilities, and assisting in the development of release plans for people with disabilities in prison.The Commission provides the opportunity for eligible people with disabilities to apply for funding for the provision of services upon their release from prison. (6) The Department of Justice advise there is currently no alternative to prison for defendants with intellectual disabilities, who require secure custody, due to the lack of a "declared place" as defined in the Criminal Law (Mentally Impaired Defendants) Act 1996 (WA).
(6) The Department of Justice advise there is currently no alternative to prison for defendants with intellectual disabilities, who require secure custody, due to the lack of a "declared place" as defined in the Criminal Law (Mentally Impaired Defendants) Act 1996 (WA).
(3) The Department of Justice advise 4 of those prisoners referred to in (2) are Indigenous and come from the Goldfields, the Pilbara, and the metropolitan area. (4) The Department of Justice advise a person may be held under this Act for an indefinite period. (5) The Department of Justice advise staff members of the Disability Services Commission work collaboratively with Department of Justice staff providing information about the impact of the disability, consulting about working with people with disabilities, and assisting in the development of release plans for people with disabilities in prison.The Commission provides the opportunity for eligible people with disabilities to apply for funding for the provision of services upon their release from prison. (6) The Department of Justice advise there is currently no alternative to prison for defendants with intellectual disabilities, who require secure custody, due to the lack of a "declared place" as defined in the Criminal Law (Mentally Impaired Defendants) Act 1996 (WA).
(4) The Department of Justice advise a person may be held under this Act for an indefinite period. (5) The Department of Justice advise staff members of the Disability Services Commission work collaboratively with Department of Justice staff providing information about the impact of the disability, consulting about working with people with disabilities, and assisting in the development of release plans for people with disabilities in prison.The Commission provides the opportunity for eligible people with disabilities to apply for funding for the provision of services upon their release from prison. (6) The Department of Justice advise there is currently no alternative to prison for defendants with intellectual disabilities, who require secure custody, due to the lack of a "declared place" as defined in the Criminal Law (Mentally Impaired Defendants) Act 1996 (WA).
(5) The Department of Justice advise staff members of the Disability Services Commission work collaboratively with Department of Justice staff providing information about the impact of the disability, consulting about working with people with disabilities, and assisting in the development of release plans for people with disabilities in prison.The Commission provides the opportunity for eligible people with disabilities to apply for funding for the provision of services upon their release from prison. (6) The Department of Justice advise there is currently no alternative to prison for defendants with intellectual disabilities, who require secure custody, due to the lack of a "declared place" as defined in the Criminal Law (Mentally Impaired Defendants) Act 1996 (WA).
(6) The Department of Justice advise there is currently no alternative to prison for defendants with intellectual disabilities, who require secure custody, due to the lack of a "declared place" as defined in the Criminal Law (Mentally Impaired Defendants) Act 1996 (WA).
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