The recommendations of a new study have been unveiled as to how the BC Government can deal with prolific offenders.
Focusing almost exclusively on mental health and addiction options, none of the 28 different recommendations involve more policing, instead recommending an after-crime approach.
“This report confirms the complexity of the challenge and highlights a range of measures that can help to improve safety in our communities,” said Public Safety Minister Mike Farnworth in unveiling the results of the study.
Study co-author Amanda Butler, a professor at SFU, says they are recommending the creation of so-called “low secure units” for those with complex mental health issues and serious drug addiction.
However, the study recommends these “units” not be set up for mandatory treatment.
“The units would be for people who are not appropriate for forensic care but whose needs exceed the structural design and capacity of an open in-patient hospital unit,” states the recommendation in the study. “These units should be designed to provide intensive rehabilitation as well as social, housing, education, and employment services.”
However, the study does suggest the BC Government look at a model the UK currently has, which can give the courts more leeway toward sentencing someone to treatment facilities.
“We recommend that the Provincial Government, as a longer-term strategy, research the potential for advocating with the Government of Canada for legislation similar to the UK’s “restricted patient” laws,” according to the recommendation. “The purpose would be to create a mechanism to divert accused people with serious mental disorders from the criminal system to the forensic system or low secure care.”
The report released Wednesday is an executive summary of the broader study, which will be made public at a later date.
The release of report also includes not-so-subtle finger pointing
Notably absent in the recommendations are measures connected to the enforcement of the existing laws, suggesting police and prosecutors in British Columbia have their hands somewhat tied.
“The recommendations clearly state that provincial crown council and police are bound, as of course we all are, by the law,” said Attorney General Murray Rankin. “They’re bound by the federal criminal code amendments and the case law that interpret and apply that.”
Rankin does say they plan to meet with federal officials next month to press Ottawa for changes.
“And you can be sure that we will have these recommendations at hand,” said Rankin. “And you can be sure that we will be brining to the federal government’s attention their need to collaborate with us as we talk about issues such as bail and sentencing, which are — of course — in their bailiwick and that of the courts.”
In laying out the recommendations, Solicitor General Mike Farnworth also took time to point the finger at the BC Liberals for some of the failings, pointing to one of the recommendations which suggests the creation of more committees to address the problems.
“These are community-based teams that bring together front-line staff from the public safety, health and social service sectors. They work together to identify vulnerable individuals that may commit criminal offenses or experience harm, and rapidly connect them to the services they need,” said Farnworth. “The experts suggest these tables could be used to build back an important tool that was cancelled by the previous government. The report identifies that the prolific offender management pilot programs were an important, evidence-based tool, that were scrapped in 2012.”
Also outlined in the recommendations are a series of potential changes to the way prolific offenders are handled and characterized by the authorities.
“We recommend that Police Services develop a clear guidance document to support decision-making when responding to violent offences alleged to have been committed by people living with serious mental disorders,” states a recommendation. “The guidance should speak to the appropriate and complementary use of the Mental Health Act and the Criminal Code.”
Also being recommended in the report, the elimination of the term “prolific offenders” itself by police and government agencies.
“This term not only perpetuates harm and stigma but also fails to address that these individuals lack security and safety.”