139TH INTERNATIONAL TRAINING COURSE
VISITING
EXPERTS’SERIESPAPERSRESOURCE
MATERIAL
No.80

EFFECTIVE COUNTERMEASURES AGAINST OVERCROWDING OF
CORRECTIONAL FACILITIESVanna L. Lawrence*1

I. INTRODUCTION
Jamaica’s strides towards developed country status have been hampered by deteriorating economic
conditions which have been blamed for an increase in the country’s crime rate. In 2005 the country was namedby researchers as the “murder capital of the world”, as approximately five people were killed daily (http:www.
bbc.com.uk/). This rapid increase in serious crime has led to hardened public opinion about the treatment ofoffenders. Public opinion polls have reflected that the average Jamaican believes justice is best served when
offenders receive long periods of incarceration. This places pressure on the criminal justice system to maintainthe confidence of the people and results in longer periods of incarceration being given. The relative costs
associated with maintaining inmates however, make alternatives to imprisonment a great priority.

The cost of maintaining custodial vs. non custodial offenders, 2008 (Exchange rate J$88: US$ 1)
INMATES$689,644.87 per person per annum

JUVENILES/ CHILDREN$622,930.83 per person per annum

REMANDEES$480,032.99 per person per annum

NON CUSTODIAL CLIENTS$69,854.90 per person per annum

Since 18 September 1962, Jamaica has been a United Nations (UN) member state. The country and its
legislators have taken decisive steps to ensure that the criminal justice system upholds principles stipulatedby the UN. Principles related to the treatment of offenders are reflected in laws, rules and standard
operational procedures in the various agencies of the state.

II. THE CURRENT SITUATIONThe criminal justice system in Jamaica consists of the Jamaica Constabulary Force (police), the courts(judiciary/magistrates) and the Department of Correctional Services (correctional facilities and probation/community services). Members of staff of the Department of Correctional Services, Jamaica (DCSJ)
interface with the entire criminal justice system. Probation Officers interact with offenders from the pre-trial
phase, Correctional Officers administer inmate management and Probation Officers again offer through care
and after care services.

A. Pre-Trial
Every effort is made to ensure that suspects are not detained for unduly long periods while an investigation
is in progress. The law empowers the police, within reason, to offer “station bail” to the suspect before he or
she is brought before the court for the offence. This suspect is released upon his or her own recognizance if
charged for minor offences or may be bailed by other person(s) using surety, where doubt exists.
In the event that station bail is not granted, the suspect may not be remanded for longer than a period
specified by law, without being charged. If the suspect is charged, he or she must then be brought before
the court. The judiciary herein possesses the discretion to offer bail to the suspect based upon prevailingcircumstances. In some cases, if there is not sufficient evidence against the suspect the case will be
adjourned sine die (without a further date being given).

* Director, Human Resource Development/Training, Correctional Service of Jamaica.

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B. Trial
Within the Jamaican criminal justice system, like others, the proof of guilt remains the burden of theprosecution. Every suspect is presumed to be innocent until proven guilty. When proven guilty, a social
enquiry report is requested at the discretion of the magistrate. Social enquiry reports usually assist in thearea of sentencing.
Social enquiry reports seek to detail the background situation of the offender, which may have led to thecommittal of his or her crime (criminogenic factors). The Probation Officer is the authorized official who
is delegated this function. The Probation Officer utilizes his or her professional knowledge to interpretthe results of his or her investigations and makes recommendations for various sentencing options. Somemagistrates will not sentence an offender until they have this expert report as it is sometimes used to guideeven the length of sentences given.
It is mandated by law that social enquiry reports are requested and utilized for the sentencing of all childoffenders. This strategy has led to an effective reduction in the number of children incarcerated as it isusually found that other social factors have contributed to the manifested behaviour. Many children therefore
receive non-custodial sentences or are released without receiving an order of the court. Social enquiry
reports are however not always requested for the sentencing of adult offenders and thus do not assist indiverting these cases from the possibility of incarceration.

C. Post-Trial Measures
The various laws of Jamaica place within the judiciary the authority to dispose of cases in a number ofways that would divert the offender from a period of incarceration. These non-custodial sentences may
have a mandatory period of supervision or may allow the person to bear the burden of his or her own
recognizance. These include:
•
•
•
•
•
•
•
•

Suspended Sentences (with, or without supervision)
Fines
Probation Orders
Community Service Orders
Curfew Orders
Electronic Monitoring
Combination Orders i.e. Community Service Order with supervision
Mediation Orders(The Criminal Justice (Reform) Act, 2002, Sections 4 – 16)

Probation Officers also initiate other diversion and preventative programmes which are given credenceby the court and are sometimes made a condition of the sentence. For example: the Trelawny Rehabilitationof Youth (T.R.Y.) programme, the Brothers for Change (domestic violence prevention) programme,
Educational programmes, and Adult/Juvenile division programmes.
The judicial system bears the added pressure of reassuring the public that justice has been served.
Based upon the gravity of the offence and the discretion of the court, some offenders will be sentenced toa period of incarceration. Current assessment of the inmate population shows that although the majority ofinmates are serving sentences of fewer than three years, there remain an alarming number of offenders whowill remain in correctional facilities for prolonged periods, thus contributing to overcrowding in particular
correctional facilities.

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RESOURCE MATERIAL SERIES No.80

Chart 1:ADMISSIONS OVER A SIX YEAR PERIOD(2003-2008)
2500

ADMISSIONS

2000
1500
1000
500
0

2003 2004 2005 2006 2007 2008

ADMISSIONS 2313 2160 1847 2100 1831 1849

Chart 2:ADMISSIONS AS A PERCENTAGE OF INMATEPOPULATION 1999-2008

80%
60%
40%
20%
0%

1999 2000 2001 2002 2003 2004 2005 2006 2007 2008

PERCENTAGE 68% 63% 70% 72% 58%

55% 49% 55% 50% 50%

Chart 3:
Short Term Adult Admissions by Length of Sentence for a Ten
Year Period (1999-2008)
1800
1600
Frequency

1400
1200

Less than 1 month - 12 months

1000
13 months - 24 months

800
600

25 months - 36 months

400
200
0
1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
Less than 1 month - 12months1277 1238 1548 1548 1327 1258 1135 1235 1179 1212

13 months - 24 months

261

384

274

439

345

298

226

279

210

206

25 months - 36 months

110

101

155

226

175

139

111

133

97

92

Ye ars88

142ND INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS

Chart 4:
Long Term Admissions by Length of S entence for a Ten Year Period (1999-2008)
350
300

Frequency

250
200
37 months - 10 years

150

Over 10 years
Life

100

Death

50
0

1999

2000

37 months - 10 years

219

250

Over 10 years

70

65

Life

47

53

Death

3

14

2001

2002

2003

2004

2005

2006

2007

2008

299

317

292

290

252

320

242

207

146

109

111

128

82

98

70

105

66

50

54

41

39

29

31

25

16

10

7

4

2

3

1

2

Years
The Department of Correctional Services operates three reception facilities through which all inmates/
offenders must enter the system. These facilities are: Tower Street Adult Correctional Centre, St. Catherine
Adult Correctional Centre and Fort Augusta Adult Correctional Centre [for females]. Overcrowding withinthese institutions remains a growing concern.
IDEAL CAPACITY COMPARED TO ACTUAL POPULATION
Institutions

Type

Classification

Ideal
Capacity

ActualPopulation(31/12/08)

Remarks

Tower Street A.C.C.

MaleMax. (Reception)

850

1683

St. Catherine A.C.C.

MaleMax. (Reception)

850

1238

South Camp A.C.C.

Male

Maximum

250

240

Tamarind Farm A.C.C.

Male

Medium350

259

Richmond Farm A.C.C.

Male

Low/Open

300

99

Fort Augusta A.C.C.

FemaleMax. (Reception)

250

148

New Broughton
S.R.A.C.C.

Male

Low/Open

50

18

Horizon A.R C.

Male/female

Max.

1036

484

RemandCentre

Male

Max.

48

45

RemandCentreJuvenile Institutions
St. Andrew J.R.C.

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RESOURCE MATERIAL SERIES No.80

IDEAL CAPACITY COMPARED TO ACTUAL POPULATION
Institutions

Type

Classification

Ideal
Capacity

ActualPopulation(31/12/08)

Hill Top J.C.C.

Male

Max.

98

110

Armadale J.C.C.

Female

Max.

45

47

Rio Cobre J.R.C.

Male

Max.

120

118

Fort Augusta A.C.C.*53

Horizon A.R/C.C.*

36

Montpelier J.C.R.C**

Remarks250

Total
A.C.C. Adult Correctional Centre, J.C.C. Juvenile Correctional Centre, J.R.C. Juvenile Remand Centre
A.R/C.C. Adult Remand /Correctional Centre, S.R.A.C.C. Sunset Rehabilitation Adult Correctional Centre
Note:* Juveniles were housed in designated locations in adult correctional centres owing to overcrowding in juvenile facilities.
** The centre is being retrofitted and is therefore not yet operational.

D. Current Effective Countermeasures against Overcrowding in Jamaican Correctional Facilities/
Institutions
1. Classification of Offenders: Classification by Age
The Corrections Act (1991) Section 177 (3) facilitates the classification of convicted persons during theperiod of incarceration in order to minimize the risk of contamination. The Superintendent of the institution
classifies these inmates according to the following groupings:
1.
2.
3.

Young inmates class – inmates under twenty-one years of age;Star class – inmates over twenty one years of age who have been sentenced for the first offence andare not known to be habitually corrupt or of criminal intent;
Ordinary class – inmates not placed in the young inmates or star class.

This classification aids rehabilitation efforts and may lead to early release, in those institutions in whichspace permits classification by grouping.
2. Classification by Risk Levels
Upon entry into an institution an initial interview is conducted with every offender in an effort to begin
the process of diagnosis. For inmates who have been accompanied by a social enquiry report this process
is even better assisted as the information garnered may be verified. The information received is used tocomplete the important process of risk assessment.
Within thirty days of entry into the institution the authorized official is expected to have collected sufficient
information on the inmate to complete the Level of Service Inventory – Revised (LSI-R), risk assessment
instrument. The Canadian developed LSI-R has proven to be useful at predicting the inmate’s risk of
re-offending, and risk levels identified (low, moderate and high) are used to arrive at a treatment plan directed
towards the rehabilitation of offenders and eventually toward conditional release programmes or full releaseprogrammes.
3. Classification by Institutions
Correctional facilities are rated by security levels according to the levels of risk of the inmate population.
The Department of Correctional Services’ Standard Operational Procedures Volume 2 empowers the Directorof Security to empanel a group of corrections professionals who utilize locally developed security classification
methods to transfer inmates between security institutions. Male inmates may therefore be transferredfrom the highest levels of security classification (Tower Street Adult Correctional Centre, St. Catherine
Adult Correctional Centre and Horizon Adult Remand Centre) to a medium level facility (South Camp Adult

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142ND INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS

Correctional Centre, Tamarind Farm Adult Correctional Centre) and on to the lowest level (Richmond Farm
Adult Correctional Centre & New Broughton Adult Correctional Centre [for inmates over 54 years old]) overtime.
The transfer of inmates through these levels of correctional institutions has proved to be effective in
reducing overcrowding. The situation is however affected by current practice which prohibits transfer ofinmates serving sentences for certain violent crimes and those who have the greater part of their sentences
still remaining. It should therefore be noted that some offenders who have been assessed and found to be of
low risk levels remain within high risk facilities as this ensures public confidence in the judicial system and also
in the agencies of the state entrusted with the responsibility for national security.
4. Remission of Sentences
The Chief Executive Officer/Commissioner of Corrections and his designates are empowered by The
Corrections Act (1991) to exercise the privilege of remission of sentences under Sections 178, 179 & 180. The
incarcerated time spent by an inmate may be remitted (shortened) if he or she has been sentenced to remain
continuously in a correctional facility for a period not less than thirty days. The remission period may notexceed one third of the sentence for a first offender and one quarter of the sentence for subsequent offenders.
Remission of sentences may be gained by an inmate upon the conditions that he or she commits nobreach/infraction and that he or her remains industrious during his or her period of incarceration.
For example: if an offender is sentenced to 12 months at hard labour for a first offence and he or she isfound to be a model inmate, he or she would benefit from remission of one third of his or her sentence (fourmonths). The inmate would therefore spend a total of eight months of the entire sentence and would be
released as having completed his or her entire sentence.
RELEASE FROM ADULT INSTITUTIONS OVER TEN YEARS (1999 - 2008)
TYPES OFRELEASES

YEARS
1999

2000
unavailable

2001

2002

2003

2004

2005

2006

2007

2008

DISCHARGED

1752

1810

1939

1878

1802

1714

1512

1678

1582

FINE PAID

103

106

270

240

262

257

279

227

195

PAROLED

60

52

47

39

49

55

49

47

25

REPRIEVED

3

10

6

8

1

10

0

0

0

DEATH

11

40

16

7

5

19

14

16

21

QUASHED

6

32

9

4

10

4

11

8

6

EXTRADITED

0

0

0

48

6

3

5

11

55

RELEASE TO
ATTEND
COURT

12

7

10

78

41

49

88

138

97

2057

2297

2302

2176

2111

1958

2125

1981

TOTAL

1947

0

Remission of sentences, or the shortening of the term of incarceration imposed by the court, allows
the DCSJ to effectively deal with the rising prison population. Despite this shortening of the period thefrequency of inmates returning to facilities after having committed a previous offence continues to be low,
although statistics for 2008 show a 7% increase in the readmission rate over the previous year.

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RESOURCE MATERIAL SERIES No.80

Re-Offenders Admitted To Adult Institutions
By Sex 2003 - 2008

Sex
2003

2004

2005

2006

2007

2008

Male

550

628

437

487

371

499

Female

1

5

8

9

11

16

Total

551

633

445

496

382

515

Re-offending
Rate

24%

29%

24%

24%

21%

28%

5. Parole
The Parole of Offenders Act (1979) allows an inmate not sentenced to life imprisonment or death to beable to apply for parole or early release. Every such inmate is informed of his or her Parole Eligibility Date
(P.E.D) and is facilitated by Officers to make this application, regardless of his or her current risk level.
Although parole is an effective strategy against overcrowding in correctional institutions in Jamaica, it is notalways granted for reasons such as:
•
•
•
•
•
•
•
•

the inmate’s risk level;
the gravity of the offence committed;
the period spent within a rehabilitative facility;
the inmate’s expression/exhibition of being rehabilitated;the community’s readiness to receive the offender;
the victim’s readiness to receive the offender;
the report of his or her institutional conduct,
the Parole Board’s discretion.

Parole Cases under Supervision (2007)
YEAR

PAROLEES ON
SUPERVISIONPAROLEES
RECALLED

RECALL RATE%

2003

162

0

0

2004

172

2

1.16

2005

182

1

0.55

2006

209

1

0.53

2007

163

0

0

6. Conditional Release
Conditional release refers to the temporary release of inmates or wards (children) from a correctional
institution for a specified period. This is facilitated by the Corrections Act (1985) Part IV Section 58 – 63.
Efforts towards population reduction are most obviously seen in the use of:(i) Hostel Placement
Adult inmates are permitted to reside in half-way housing facilities on the outside of the correctional
institutions. This helps reduce the difficulties of, and sets the stage for, community reintegration upon
release.
(ii) Home Leave
Home leave is granted to low-risk adult and child offenders that they may return home for a specified
period to spend time with family. Home leave for adults may not exceed seven days.
(iii) Compassionate Release
In the event that an inmate becomes indigent he or she may be released from the institution uponcompassionate grounds. This is usually granted by a board/body outside of the Department of Correctional
Services, Jamaica.

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142ND INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS

7. Licensing and Statutory Supervision
Licensing is similar to parole and is granted to child offenders living within institutions to facilitate are-socialization within open society. Children qualify for this privilege by the behaviour exhibited and the
support systems which exist at home and in the community. This reduction strategy provides many children
the opportunity for early reintegration with families and the community.
Statutory supervision is a period of intense supervision which is provided by a Probation Officer to achild who was released from an institution before his or her 18th birthday. The institution’s population is
reduced as it is guaranteed that a child offender is being assisted/supported through the process of change.
He or she may however be returned to the institution upon court action if he or she appears to be headed
towards further re-offending.
JUVENILE ADMISSION OVER A FIFTEEN YEAR PERIOD (1994 - 2008)
300

253
250
226
203
200

150

194

188

148

146

Total

137
110

105

128

122

118

2000

2001

100

100
84

50

0
1994

1995

1996

1997

1998

1999

2002

2003

2004

2005

2006

2007

2008

8. Payment of Fines
The Magistrate may administer a sentence upon the offender which gives him or her the option of paying
a fine or being confined. Many offenders are unable to pay these fines, regardless of how insignificant theamounts stipulated. The DCSJ, through its external alliance programme, has been able to secure assistanceto have fines paid for many inmates, thus facilitating their release and a reduction in the inmate population.
9. Weekend Sentences
The Criminal Justice (Reform) Act (2002) Section 19 empowers the court to administer a short periodof imprisonment upon an offender (a weekend sentence) not exceeding six months. A weekend sentence
is served in incremental periods commencing at six o’clock in the evening of every Friday and ends at six
o’clock in the evening of every Sunday.
Weekend sentences reduce the inmate population significantly as this period may also coincide withthe absence of another inmate who is away on Home Leave. A sentence served on weekends essentiallyreduces the population for entire periods of four days. It is unfortunate however that this sentencing option
is rarely utilized by magistrates.

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10. Community Care, Through-care and After care by Probation Officers
Probation Officers represent the Community Services arm of the DCSJ. This arm is multi-faceted andprovides services to the courts, community and the correctional centres. These services include:
•
•
•
•
•
•
•
•
•
•
•
•
•
•

Social Investigations
Public Education
Parole Monitoring/Supervision
Supervision of offenders on non-custodial sentences
Administration of Reintegration/Aftercare – Statutory Supervision, Rehabilitation Grant
Home leave – Wards and Inmates
Conditional release programmes
Persons Seeking Assistance
School based programmes/activities
Parenting Activities/Programmes
Programmes – Challengers’ Camp, Brothers for Change, ‘TRY’
Diversion – diverting some juvenile and adult cases from unnecessary court action
Through-care
Training of Social Work Students.

Probation Officers oversee a range of sentences that have either been administered by the court, mandated
by other bodies or voluntarily undertaken by themselves.

Probation Officers’ Caseload (2007)
Types of Order

Number of Cases
2191

SUSPENDED SENTENCE SUPERVISION ORDER

380

COMMUNITY SERVICE

1427

PAROLE

163

SUPERVISION ORDER (JUVENILES)

14

VOLUNTARY SUPERVISION

66

TOTAL

4241

The services provided by Probation Officers in the community accounts for a vast amount of the DCSJ
client base.
The DCSJ client base as of September 2008 is as follows:
Inmates

4145

Wards

412

Community-based Clients

4829

TOTAL

4829

Total Number of Non-Custodial Cases 2003-2007
6000
4000
2000
YEAR

0
2003 2004 2005 2006
2007

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Inmates and wards that are released from correctional institutions by means of reduction strategies areusually given the after-care support of Probation Officers. These officers are located across the island andoffer in-depth supervision, counselling and community support for various categories of offenders. While
being supervised some offenders learn acceptable social behaviour. Many decide never to re-offend, thus
reducing the recidivism rate and by extension, the inmate population.

III. THE WAY FORWARD
A.	Automatic Parole
At present inmates who have attained their Parole Eligibility Date (P.E.D) and are adjudged to be of
low risk (to society and for re-offending) must apply to the Parole Board for consideration and a decision.
Automatic Parole is pending legislation which will give discretionary powers to the Superintendent of theinstitution in which the inmate resides, under specific conditions, to grant parole to some offenders without
making a submission to the Parole Board. It is believed that this will assist in reducing overcrowding, based
upon a shorter transaction time.
B.	Increased Number of Hostels
Presently there are no hostels/half-way houses for children. It is the Department’s belief that this groupof offenders will benefit greatly from behaviour modification, social skills training, vocational training andemployment assistance in this setting. Negotiations are currently in progress to establish one child hostel
using donor funding. With this in operation, some children will reside outside the institution even before
their date of release.
C.	Electronic Monitoring of Offenders
The pilot testing of Global Positioning System (GPS) assisted electronic monitoring devices was concludedin January 2009. The Government of Jamaica has received reports outlining the success of this pilot period
and the benefits to be gained from observing the whereabouts of certain categories of offenders within thecommunity. It is expected that electronic monitoring of offenders will be used to reduce the population within
detention facilities as more offenders could be granted bail. It will also enhance the current Conditional Releaseprogramme as more inmates will be released from correctional facilities for longer periods.
D.	Construction of a New 5,000 Bed Correctional Facility
The Government of Jamaica is in the process of seeking expressions of interest from companies to construct
a new 5,000 bed correctional facility. This state-of-the-art facility will be one of the greatest countermeasuresagainst the current overcrowding in the Jamaican correctional institutions as it will adequately accommodate thecurrent inmate population. It is also expected that this institution will provide better facilities for rehabilitative
efforts and thus will contribute greatly to the productivity of the society by the changes exhibited in inmates
upon release.
IV. CONCLUSION
Like many other developing countries, overcrowding of correctional institutions does exist in Jamaica. Thisis however limited to high-risk/maximum security level institutions and is continually fuelled by the public’s
perception that lengthy periods of incarceration constitutes justice being served. The agencies of the state thatare entrusted with the nation’s security therefore have the added responsibility of ensuring that the treatment
of offenders also meets the public’s expectations. These expectations sometimes do not contribute to efforts
directed at reduction strategies within correctional institutions.
Countermeasures against overcrowding are built into the criminal justice system and continue to beeffectively applied. One of the most effective countermeasures against overcrowding currently used in the
Jamaican context however has proven to be the rehabilitation of the offender, as he or she may benefit fromearly release and acquire the tools never to re-offend, thus not re-entering the criminal justice system andcontributing to further overcrowding. In this regard, pending legislation and developments that will further
prove to be beneficial towards rehabilitation and should be relentlessly pursued.

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REFERENCES
Department of Correctional Services Jamaica Annual Report (2007).
Department of Correctional Services Jamaica Annual Report (2008).
DCSJ Standard Operational Procedures Volume 2.
DCSJ Standard Operational Procedures, Rehabilitation Schemes/Conditional Release Programme (2005)
Information # 01/04.
HRW World Atlas – Caribbean, http://go.hrw.com/atlas
Ina Fairweather, Country Report (2007).
Janet Davey, Country Report (2008).
Jamaica Sprint Factory, http://jamaicasprintfactory.net/
The Corrections Act, 1991.
The Criminal Justice (Reform) Act 2002.
The Parole of Offenders Act, 1979.

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