In many countries there are new and ongoing initiatives to extend the range and application of alternatives to imprisonment. These are not decreasing prison populations however, raising concerns of net-widening and pointing to the underutilisation of existing measures. It is increasingly clear that global recognition that non-custodial alternatives are critical to addressing prison overcrowding rates and preventing harms of prison has not been matched by the necessary resources to ensure they can be successfully implemented.
Lack of data and research around the use and effectiveness of alternatives to imprisonment is also problematic. Recent research from Ireland found that the paucity of data related to the number, type and uptake of community sanctions makes it difficult to identify gaps in service provision and make improvements accordingly. Efforts are underway elsewhere to tackle the lack of research in this area. Authorities in Singapore announced in 2023 that a study will soon be launched to better understand the effectiveness of community sentences, including in relation to reoffending, which is known to have reduced significantly since the expansion of community sentencing.
The continued expansion of community sanctions and measures does not always result in a corresponding decrease in the numbers of people in prison.
A study by the University of Coimbra Institute for Legal Research, published in the context of a project with PRI, has found that across 22 EU Member States alternatives to imprisonment have developed significantly in recent years and that most Member States provide a reasonable variety of alternatives to imprisonment. It noted that each jurisdiction faces barriers in implementing such measures, including lack of awareness of non-custodial sentencing measures among justice sector officials and long waiting lists to serve community sentences. However, in the Council of Europe region, new findings published in 2022 show that the continued expansion of community sanctions and measures does not always result in a corresponding decrease in the numbers of people in prison and that non-custodial measures are rarely used as an alternative to pre-trial detention.
The use of electronic monitoring as a solution to reducing prison populations widened over the year and new technologies continue to be developed. In Thailand, the government has announced a programme to roll out electronic monitoring with four target groups. Malaysian authorities are also reported to be considering the use of electronic monitoring for low-risk pre-trial detainees, and in Cape Verde there are plans to introduce electronic wristbands for those convicted of minor crimes.
However, further evidence of challenges in the implementation of electronic monitoring continue to be documented. In England and Wales, authorities do not have sufficient data to understand the outcomes of such monitoring and still do not know what works for whom and whether its use effectively reduces reoffending.
Problems have also been identified in relation to the fair and equitable use of fitted devices.
In Latin America it has been noted that electronic monitoring can strain family relations, cause domestic unrest and can be particularly dangerous for women living at home with abusive partners. Such devices can also be particularly humiliating for women from indigenous communities in relation to traditional clothing. Research in Belgium found that electronic monitoring is less likely to be imposed on Roma because judges assume that they will not comply with the conditions. This is because the conditions generally require the person serving a non-custodial sanction to stay at a fixed address for the period of the sentence. The costs associated with electronic monitoring in some countries also mean that they are not a realistic option for those with fewer resources.
The 12th European Conference on Electronic Monitoring, held in 2022, considered the ethics of electronic monitoring in relation to different groups of users, noting that very little disaggregated data is available on the use of monitoring. Gaps included experiences and outcomes for people from different ethnicities and religions. Equipment was designed for men and does not take into consideration the different circumstances and needs of all wearers, including body dimensions, skin colour and the impact on certain medical conditions.
In some countries there are moves towards the use of non-fitted devices which can be worn as a watch or installed via mobile phone, and which may address some of the concerns associated with fitted devices. This technology relies on biometrics – face or voice verification – to facilitate the tracking of the individual’s location and is reported to be more cost effective than fitted devices and can be more easily applied to larger numbers of people. Such devices may also prove useful in reducing the stigma of fitted devices.
New research confirms such sentences can be particularly effective in reducing reoffending among women.
As the female prison population globally continues to grow faster than men (see Imprisonment and prison overcrowding), the push to increase non-custodial measures and sanctions for women continues. New research confirms such sentences can be particularly effective in reducing reoffending among women, provided that options in the community are tailored to their needs, including providing women-only, safe and supporting environments. However, the lack of such safe spaces remains problematic. In California, US, many girls and young women have remained in prison because they did not have a safe place to go, despite being recommended for release on probation, although response efforts are being made to address this.
In regions where there have been significant increases in female prison populations, including Latin America (see Imprisonment and prison overcrowding), legislators are slowly making progress to reverse the trend. In Colombia, a new law was signed in early 2023 that promotes alternatives to imprisonment for women with caregiving responsibilities who have been sentenced for up to eight years in prison to substitute prison terms for unpaid community service. This law can be applied retroactively and could lead to the release of around 5,000 women. In Hawaii the focus on rehabilitation and development of community-based alternatives for girls and young women have resulted in there being no females between the ages of 15 and 24 left in the prison system.