Prisons in the Pilbara and Kimberley regions of WA are "under huge strain", with West Kimberley Regional, Broome and Roebourne prisons all over 105 per cent capacity, the state's Inspector of Custodial Services revealed Monday in a new report.

The report on West Kimberley Regional Prison said found that despite local commitment and some positive prison-based initiatives designed to get back to its foundational philosophy, the most recent inspection report of the facility found it "was still being drawn away from its original purpose".

Inspector Eamon Ryan said given the absence strategic planning, including a Kimberley custodial plan, across Corrective Services, it was "not surprising" that a once strongly purpose-driven facility like West Kimberley (WKRP) continued to "drift from its original course".

"There needs to be a concerted system-driven effort for WKRP to succeed in recapturing its unique philosophy. It was founded on a commitment to ensuring Kimberley prisoners should be held on, or close to, country and traditional culture should drive service delivery, but population pressures, demand for beds and lack of an overall strategic plan eroded priorities," Mr Ryan said.

The Inspector said that the plan for a new facility in Broome provided an "ideal opportunity" for Corrective Services to develop a long-term Kimberley custodial plan that emphasised the role of WKRP and how it can return to its purpose. He noted that this was reflected in Recommendation 1 of his office's report, which was accepted by the Department - who said it would take some time to implement.

Mr Ryan also noted that, in the meantime, WKRP would continue to be reactive to system-wide pressures, despite the local commitment seen during the inspection to provide more services that were culturally appropriate and meaningful to the local community.

He said that while it was essential to try and keep prisoners on-country, urgent action is needed to relieve population pressures on facilities across the state.

"Prisons in the Pilbara and Kimberley are under huge strain. WKRP, Broome and Roebourne prisons are all over 105 per cent capacity (as at 21 June 2024). This puts enormous pressure on delivery of every single service, let alone in a culturally appropriate way," Mr Ryan said.

The Inspector added that staffing pressures and vacancies found at facilities across WA were also present at WKRP, further impacting service delivery; noting that while prisoners were not being locked down, there were often insufficient staff to deliver services and to safely supervise access to basic activities like recreation, work, and education.

Kurin Minang human rights expert and law academic Dr Hannah McGlade told National Indigenous Times the report is "the report is very concerning, with prisons in the Kimberley and other regions now exceeding 100 per cent capacity and staffing shortages, as well as being unable to effectively ensure Aboriginal culture in practice".

"Unsafe prisons do not rehabilitate, they merely cause further risk to prisoners health and wellbeing, with potential catastrophic outcomes including Aboriginal deaths in custody," she said.

"We have to address systemic racism and discrimination which is driving the states very high rates of Aboriginal incarceration. Repealing discriminatory laws in particular mandatory detention laws is a must. We also need to see establishment of Aboriginal courts, involving elders and respected persons, to participate in the justice system."

Mr Ryan acknowledged some positive local initiatives in the report, and Mr Ryan hoped that such innovations and practices would continue to be delivered and supported by the Department. These included: funding the design and construction of yarning circles for each male and female units; engagement with a prominent First Nations expert in cultural support; practices supportive of prisoner access to family contact; improved quality and quantity of education services for male prisoners; a good suite of voluntary programs; positive transition and re-entry services; and continued majority of prisoners to access self-care accommodation.

Mr Ryan noted, however, that women's access to many of these positive services was limited, and WKRP needs to work towards better equity of access.

Justice advocate Megan Krakouer told National Indigenous Times said the report confirms the "serious lack of genuine and authentic measures to reduce incarceration" in the Kimberley region.

"Imprisonment rates are out of control and this reinforces that Western Australia is the justice backwater of the country. It also reaffirms the lack of commitment from the Cook government to 'get a proper handle' on the shocking incarceration rate of our people," she said.

"Furthermore, the mere fact that women are not being availed to appropriate and responsive services is a failure. Right now, we First Nations people are just business. The way forward is simple and that is massive investments and comprehensive engagement with the First Nations communities in the Kimberley region."

The WA Department of Justice said WKRP operations are guided by a philosophy that involves holding prisoners on or near Country and service delivery informed by traditional culture fostering independent living skills.

"Most prisoners at WKRP live in self-care shared houses and do their own cooking, cleaning and laundry. While striving to maintain this operating model, WKRP has had to manage pressures relating to the growing prisoner population and complex needs of the prisoners in the Department's care," the Department said in a statement on Monday.

"The rising prisoner population creates service delivery, staffing and resourcing challenges across the entire WA custodial estate. This has resulted in high demand for beds and necessitated increased inter-prison transfers. WKRP had also experienced a greater intake of remand prisoners."

The Department said WKRP's Prisoner Risk Assessment Group was performing well in supporting at-risk prisoners and prisoners had good access to experienced mental health staff.

Department Director General Kylie Maj said the Department will "continue to identify and prioritise solutions to manage population pressures and realise opportunities for prisoners to maintain their cultural connections".

"The Department is committed to maintaining the WKRP's operating philosophy and the Corrective Services division is working on prisoner population management strategies to make more beds available across WA's prison network," she said.