There is need for greater collaboration between the judiciary and the prison service to reduce overcrowding, says the report of the Disciplined Forces Commission.
The commission, which has outlined recommendations for the reform of the prison system, says the prison service suffers directly from the shortcomings in the criminal justice system, which needs to explore more community service and suspended sentences.
"Since their decisions and actions impact very directly on the prison system, judicial officers and other functionaries must... always be cognisant of, and sensitive to, the conditions and resources of prisons," the report says.
The commission has endorsed recommendations which were made by the Criminal Law Review Committee, which identified shortcomings in the practices of the justice system that have significantly contributed to overcrowding.
It agreed with the committee's recommendation for priority to be given to the expeditious hearing of cases where prisoners are awaiting trial, especially in murder or treason cases.
While, in cases where persons are committed to stand trial without bail, it was urged that the preparation of the depositions should be a priority.
The committee had also recommended that magistrates stop remanding without bail or with high bail and a distant court date to force guilty pleas.
In fact it added that bail should not be refused for minor offences which do not carry a custodial sentence, while when a prisoner has not been tried within a reasonable time bail should be granted.
"Significantly, that committee was of the view that judicial officers must be cognisant of the physical conditions of the prisons since such awareness ought to inform the exercise or their discretion in ordering incarceration," the commission noted.
It also supported suggestions that an active Parole Board and a greater use of community service and suspended sentences by the criminal courts could significantly contribute to alleviating overcrowding in the prison. Legalising plea bargaining was also an option that it urged be considered.
The report concludes, "In sum, the commission is of the view that the practical recommendations of the Criminal Law Review Committee, if consistently implemented, would alleviate the degree of overcrowding in the prisons."
Prisoners should not be idle
Though the law does not place emphasis on rehabilitation, the report notes than an idle prisoner is a potentially dangerous one. For the purpose of security and discipline the commission feels that there should be a constructive regime of activities to occupy prisoners' time.
"While the prison should be a place of incarceration, it should not be a place that inhibits human development... Otherwise, Judicial orders for compulsory imprisonment would not only fail to achieve their desired objective but would be counterproductive both to the prisoners and society," according to the report.
The commission suggests that prisoners should be encouraged to spend their time learning useful skills such as masonry, carpentry, joinery, agriculture or reading books. Concern was also expressed about the protection of vulnerable prisoners from the abusive actions and designs of other prisoners and the prevention of acts of an unnatural nature.
There are mandatory separations under the law to minimise physical abuses and protect vulnerable categories of prisoners from the negative influences of other categories.
Accommodation
The report says an increase in the prison population will require additional accommodation in prisons that can be expanded, or in the construction of new prisons.
The Georgetown Prison: The report recommends that resources must be made available for the modernisation of the Georgetown Prison if its status as a prison is to be maintained.
There was some representation for the relocation of the prison, but such proposals were rejected by the commission, which says save for an overcrowding problem, the location is convenient for certain categories of prisoners.
The institution is described as the central prison since while it only accommodates male prisoners, it houses about half the entire prison population and all the categories of male inmates. These include remanded, convicted, long-term and death-penalty convicts. In fact, most of the high-security-risk prisoners are kept at this prison.
But notwithstanding these factors, from a visual inspection of the interior of the prison it appears that efforts at rehabilitation have been very piecemeal and have not achieved much.
"The interior of the prison reveals its colonial past and forced spasmodic efforts at greater inmate accommodations with enhanced security measures," the report says.
The location of the prison and its proximity to busy streets on all sides leaves no room for its structural expansion to cope with any significant increases in the prison population. But the commission is convinced that the prison needs major rehabilitation and its facilities need to be improved and modernised.
The Mazaruni Prison: It is noted that the prison has considerable room for expansion which renders the construction of a new all-male prison unnecessary. The report says attention should be given to expanding the prison and providing it with human and material resources for greater prison intake as a possible solution to the problem of overcrowding at the Georgetown Prison.
"...There is great danger in having too many high-security-risk prisoners in the Georgetown Prison.
This risk can be considerably minimised if those convicted among such prisoners are accommodated at the Mazaruni Prison.
Mazaruni houses convicts. Because of its interior location it is suggested that it be used to guard convicts serving long sentences.
On its visit to the Mazaruni Prison the commission observed that it is being rehabilitated and expanded to house more people than it customarily accommodates. Given an adequate number of prison guards for effective supervision the commission says the prison may offer the best prospect for relieving the congestion at the city prison and to engage prisoners in constructive activities like farming. It is noted that the facility does need a better power supply which could include solar power and other alternatives.
The New Amsterdam Prison: This is the only facility that houses female inmates, although its population is mostly male. But escorting the remanded female prisoners to and from the institution to the courts tends to strain the resources of the police force, which performs escort duties.
The women prisoners who are awaiting trial have also complained that the police do not take them to the court, prolonging the time they spend inside the jail. One of the reasons for this development is that the prison is far removed from the courts, especially those in the interior locations. This is why the commission has proposed that a female remand prison be set up in Georgetown, where there is the largest number of courts. It is anticipated that this would reduce the difficulty of escorting remanded prisoners to and from the prison.
The Lusignan Prison and Timehri Remand Centre: The Timehri Remand Centre is supposed to accommodate remand inmates who do not pose a security risk. It is being used for inmates whose release is imminent and in the light of its location, it is agreed that it is ideally suited for this purpose, as is the Lusignan facility. But the commission notes that while security at Lusignan need not be as high as at Georgetown or Mazaruni, it does not have to be as low as at Timehri. It is concluded that these prisons should be focused on rehabilitation and re-integration of inmates into society.