Department increases identification of prisoners with a disability

Media release
An Office of the Inspector of Custodial Services (OICS) review has acknowledged the Department of Justice’s efforts to identify and help people in custody with an intellectual disability.
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Prisoners with a disability

The report follows the Disability Royal Commission that heard of challenges faced by people with intellectual disabilities including those who come into contact with the criminal justice system.

OICS said the Department had implemented a number of positive initiatives aimed at addressing some of these challenges including the early identification of intellectual disabilities.

“Notably, the introduction of the functional impairment screening tool has resulted in an increase in the numbers of individuals identified with possible cognitive impairment,” the report said.

The initial medical screening is undertaken by a nurse or doctor at the start of a prisoner’s term in custody, with periodic follow-up assessments.

It helps the clinical staff pick up possible intellectual disabilities and facilitate supports, services or formal diagnostic screening that may be needed.

The screening tool is undergoing a validation process ahead of information being shared with custodial staff across youth and adult facilities.

Director General Kylie Maj said the Department was committed to identifying prisoners across the custodial estate for intellectual or cognitive impairments and enhancing their management, including participation in rehabilitation programs.

“Along with the Criminal Law (Mental Impairment) Act 2023 that comes into operation on 1 September, these efforts form part of the Department’s commitment to protecting the human rights of people with mental impairment in the justice system,” she said.

OICS acknowledged intellectual disabilities were not always easily detected, making identification of cognitively impaired people complex.

The Department’s Corrective Services division has recently launched an online training program for staff working with adults who have a disability in custodial or community corrections settings.

“The training raises awareness and provides staff with skills, knowledge and tools to manage and respond to this cohort in a sensitive manner,” Corrective Services Commissioner Brad Royce said.

“OICS’s report will be considered as part of our review of policies and procedures for prisoners with disabilities to contribute towards addressing the recommendations made,” he said.

OICS said intellectual disabilities were particularly prevalent in Western Australia’s youth custodial estate and that the Department had taken steps to institute appropriate care and supports.

A culturally appropriate pilot screening program designed to improve screening and assessment processes for young people is underway in collaboration with the Youth Detention State Forensic Mental Health Service.

The Department notes the OICS report welcomes “early signs of improvement with the presence in Banksia Hill and Unit 18 of the onsite health team. This initiative is to be commended and encouraged,” the report said.

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