input to portfolio committee

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INPUT TO PORTFOLIO INPUT TO PORTFOLIO COMMITTEE COMMITTEE WOMEN CONVICTED FOR KILLING THEIR WOMEN CONVICTED FOR KILLING THEIR ABUSIVE PARTNERS ABUSIVE PARTNERS DEPARTMENT OF CORRECTIONAL SERVICES DEPARTMENT OF CORRECTIONAL SERVICES 14 APRIL 2003 14 APRIL 2003

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INPUT TO PORTFOLIO COMMITTEE. WOMEN CONVICTED FOR KILLING THEIR ABUSIVE PARTNERS DEPARTMENT OF CORRECTIONAL SERVICES 14 APRIL 2003 . Domestic violence – Public Outcry. - PowerPoint PPT Presentation

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Page 1: INPUT TO PORTFOLIO COMMITTEE

INPUT TO PORTFOLIO INPUT TO PORTFOLIO COMMITTEECOMMITTEE

WOMEN CONVICTED FOR KILLING THEIR WOMEN CONVICTED FOR KILLING THEIR ABUSIVE PARTNERSABUSIVE PARTNERS

DEPARTMENT OF CORRECTIONAL SERVICES DEPARTMENT OF CORRECTIONAL SERVICES 14 APRIL 2003 14 APRIL 2003

Page 2: INPUT TO PORTFOLIO COMMITTEE

Domestic violence – Public OutcryDomestic violence – Public Outcry Domestic violence refers to physical, sexual, emotional & economic Domestic violence refers to physical, sexual, emotional & economic

abuse. abuse. Women are a challenge to DCS & society due to different & Women are a challenge to DCS & society due to different & unique needsunique needs

DCS takes cognizance of public outcry on release of women in DCS takes cognizance of public outcry on release of women in prison for having killed their abusive partners. However DCS bound prison for having killed their abusive partners. However DCS bound in terms of provisions of DCS Act to apply: in terms of provisions of DCS Act to apply:

** Provisions of this DCS Act.Provisions of this DCS Act.

** DCS on receiving end of Criminal Justice System.DCS on receiving end of Criminal Justice System.

Relevant sections of DCS Act do not differentiate between genders, Relevant sections of DCS Act do not differentiate between genders, age, or the type of crime committed. age, or the type of crime committed.

Differentiation takes place on service delivery level in the form of Differentiation takes place on service delivery level in the form of specialised programmes & projectsspecialised programmes & projects

Page 3: INPUT TO PORTFOLIO COMMITTEE

Number of Women Incarcerated Number of Women Incarcerated

Number of women incarcerated in SA Number of women incarcerated in SA DCS – 3035 DCS – 3035

Crime categories of women (Annexure A)Crime categories of women (Annexure A) Number of women incarcerated for killing Number of women incarcerated for killing

their abusive partners – 165 (Annexure B)their abusive partners – 165 (Annexure B)

Page 4: INPUT TO PORTFOLIO COMMITTEE

Rehabilitation – DCS Answer Rehabilitation – DCS Answer Rehabilitation at centre of all activities.Rehabilitation at centre of all activities.

Rehabilitation as a long term goal to crime prevention, Rehabilitation as a long term goal to crime prevention, curbing re-offending as eliminating recidivism.curbing re-offending as eliminating recidivism.

DCS re-engineering initiative on departmental structures, DCS re-engineering initiative on departmental structures, procedures & systems to ensure these contribute to procedures & systems to ensure these contribute to service delivery & effective rehabilitation.service delivery & effective rehabilitation.

Effective rehabilitation depends on systematic, & Effective rehabilitation depends on systematic, & structured intervention in line with developmental needs structured intervention in line with developmental needs of women who murdered their abusive partnersof women who murdered their abusive partners

Page 5: INPUT TO PORTFOLIO COMMITTEE

Legal Mandate Legal Mandate According to Section 2 of the Correctional Services Act According to Section 2 of the Correctional Services Act

(111 of 1998) the purpose of a correctional system is to (111 of 1998) the purpose of a correctional system is to contribute to maintaining and protecting a just, peaceful contribute to maintaining and protecting a just, peaceful and safe society by:and safe society by:

a) Enforcing sentences of the courts in a manner a) Enforcing sentences of the courts in a manner prescribed by this Act;prescribed by this Act;

b) Detaining all prisoners in safe custody whilst ensuring b) Detaining all prisoners in safe custody whilst ensuring their human dignity and;their human dignity and;

c) Promoting social responsibility and human c) Promoting social responsibility and human rehabilitation of all prisoners and persons subjected to rehabilitation of all prisoners and persons subjected to community corrections (Republic of South Africa community corrections (Republic of South Africa 1998:16)1998:16)

Page 6: INPUT TO PORTFOLIO COMMITTEE

Legal Mandate - ContinuedLegal Mandate - Continued DCS respects rights from Constitution of SA:, equality, human DCS respects rights from Constitution of SA:, equality, human

dignity, life & freedom & security. dignity, life & freedom & security.

Women offenders exposed to an environment & opportunities Women offenders exposed to an environment & opportunities contribute towards their protection, non-discrimination, human contribute towards their protection, non-discrimination, human dignity & freedom from all forms of violence. dignity & freedom from all forms of violence.

DCS Act provides for / responsive to the special needs of women - DCS Act provides for / responsive to the special needs of women - ensure they’re not disadvantaged.ensure they’re not disadvantaged.

Women offenders detained under circumstances which takes Women offenders detained under circumstances which takes account of age, ensure & respect for human rights, account of age, ensure & respect for human rights, safety & safety & protection.protection.

Page 7: INPUT TO PORTFOLIO COMMITTEE

Current Release Policy Current Release Policy All offenders considered by Parole Board when All offenders considered by Parole Board when

complete 1/3 of term of imprisonment (complete 1/3 of term of imprisonment (½ of ½ of sentence minus credits earned by offender)sentence minus credits earned by offender)

An offender convicted for murder must serve ¾ An offender convicted for murder must serve ¾ of his/her term of imprisonment – Parole Board of his/her term of imprisonment – Parole Board may deviate from policy based on well motivated may deviate from policy based on well motivated reasons e.g. credits earned for positive / pro-reasons e.g. credits earned for positive / pro-social behavior, insight in offending behavior social behavior, insight in offending behavior

Offenders sentenced to life imprisonment Offenders sentenced to life imprisonment considered for possible parole after completing considered for possible parole after completing 20 years term of imprisonment (including 20 years term of imprisonment (including offenders convicted for murder)offenders convicted for murder)

Page 8: INPUT TO PORTFOLIO COMMITTEE

Factors considered for Possible Factors considered for Possible Parole Placement Parole Placement

The nature & seriousness of the crime The nature & seriousness of the crime Crime history / frequency of offending Crime history / frequency of offending Risk posed to society Risk posed to society The length of sentence The length of sentence Remarks / comments by the court imposing sentenceRemarks / comments by the court imposing sentence Behavior & adaptation in prison Behavior & adaptation in prison Response to interventions aimed at addressing the Response to interventions aimed at addressing the

offending behavioroffending behavior Potential for successful reintegration (acceptance family, Potential for successful reintegration (acceptance family,

prospects for employment, attitude of community, prospects for employment, attitude of community, restoration of relationship with victim, identification of risk restoration of relationship with victim, identification of risk factors for relapse) factors for relapse)

Page 9: INPUT TO PORTFOLIO COMMITTEE

New Release Policy New Release Policy Composition of Parole Board:Composition of Parole Board:

1.1. Chairperson = external person Chairperson = external person 2.2. Vice Chairperson = external personVice Chairperson = external person3.3. Two community membersTwo community members4.4. Secretary of Board = DCS memberSecretary of Board = DCS member

The proposed new parole board will have The proposed new parole board will have recommendation & decision making powersrecommendation & decision making powers

Page 10: INPUT TO PORTFOLIO COMMITTEE

New Release Policy New Release Policy The Act no 111 of 1998 makes provision for:The Act no 111 of 1998 makes provision for:

1.1. A court may impose a non-parole period which may A court may impose a non-parole period which may not exceed not exceed ⅔ of the effective sentence (including ⅔ of the effective sentence (including sentences for murder)sentences for murder)

2.2. If no non-parole period is imposed, an offender must If no non-parole period is imposed, an offender must be considered for parole placement once ½ of be considered for parole placement once ½ of sentence has been served (murder included)sentence has been served (murder included)

3.3. Offenders sentenced for life will serve 25 years before Offenders sentenced for life will serve 25 years before parole placement is consideredparole placement is considered

4.4. Same factors are taken into account for possible Same factors are taken into account for possible parole placementparole placement

Page 11: INPUT TO PORTFOLIO COMMITTEE

Framework of Intervention Framework of Intervention DCS adopted a framework of intervention that DCS adopted a framework of intervention that

provides a systematic framework for structured provides a systematic framework for structured needs-based rehabilitation / interventionneeds-based rehabilitation / intervention

Framework composed of set of clear concepts, Framework composed of set of clear concepts, beliefs, values & principles that offers beliefs, values & principles that offers explanation of explanation of causal factors of crime causal factors of crime & & guidelines to addressing offending behaviour guidelines to addressing offending behaviour

Page 12: INPUT TO PORTFOLIO COMMITTEE

Structured Process of InterventionStructured Process of Intervention Assessment determines causal factors of crime & specific needs of Assessment determines causal factors of crime & specific needs of

individual.individual.

After assessment a correctional plan is developed in consultation After assessment a correctional plan is developed in consultation with offender targeting offending behavior & causal factors of crimewith offender targeting offending behavior & causal factors of crime

Correctional plan implemented & managed in structured way, Correctional plan implemented & managed in structured way, involving members & community in providing programmes. involving members & community in providing programmes.

Part of the process involves continued evaluation & monitoring of Part of the process involves continued evaluation & monitoring of impact of intervention.impact of intervention.

Process of intervention takes place from admission, throughout Process of intervention takes place from admission, throughout incarceration & after release.incarceration & after release.

Page 13: INPUT TO PORTFOLIO COMMITTEE

Benefits of Framework of Benefits of Framework of Intervention for WomenIntervention for Women

Provides structure for analysing emotional human problems & Provides structure for analysing emotional human problems & situations associated with domestic violence situations associated with domestic violence

Organises information, beliefs and assumptions around cycle of Organises information, beliefs and assumptions around cycle of violenceviolence

Provides rationale for action & decision making targeting offending Provides rationale for action & decision making targeting offending behavior & abusive relationshipsbehavior & abusive relationships

Promotes systematic, orderly & predictable approach to interventionPromotes systematic, orderly & predictable approach to intervention

Creates platform for multi-disciplinary approach to the problemCreates platform for multi-disciplinary approach to the problem

Enables DCS to evaluate, curb & keep track of offending behavior.Enables DCS to evaluate, curb & keep track of offending behavior.

Page 14: INPUT TO PORTFOLIO COMMITTEE

Rehabilitation Programmes Rehabilitation Programmes Development programmes are offered to all Development programmes are offered to all

offenders, including female offenders who killed offenders, including female offenders who killed their abusive partners their abusive partners

Development programmes & services, i.e. Development programmes & services, i.e. educational, psychological, religious care, social educational, psychological, religious care, social work are provided, which aim at addressing work are provided, which aim at addressing offending behaviour and causal factors of crime.offending behaviour and causal factors of crime.

The active engagement of the community in the The active engagement of the community in the rehabilitation of female offenders help rehabilitation of female offenders help strengthen our partnership in their treatment and strengthen our partnership in their treatment and also expand the scope of rehabilitation and after also expand the scope of rehabilitation and after care servicescare services

Page 15: INPUT TO PORTFOLIO COMMITTEE

Typical Development ProgrammesTypical Development Programmes In order to impact positively on the high level of illiteracy as well the In order to impact positively on the high level of illiteracy as well the

lack of vocational and occupational skills in society, all prisoners lack of vocational and occupational skills in society, all prisoners have access to:have access to:

-- General Education and Training (GET)General Education and Training (GET)-- Further Education and Training (FET)Further Education and Training (FET)-- Higher Education and Training (HET); andHigher Education and Training (HET); and-- Technical training programmes Technical training programmes

The above are provided for in a structured day programmeThe above are provided for in a structured day programme Formal education programmes are offered in line with NQF and Formal education programmes are offered in line with NQF and

SAQA requirements enabling prisoners to receive the necessary SAQA requirements enabling prisoners to receive the necessary recognition after release and strengthen opportunities for recognition after release and strengthen opportunities for sustainable employment.sustainable employment.

Page 16: INPUT TO PORTFOLIO COMMITTEE

Typical Development ProgrammesTypical Development Programmes

Counselling services are offered by psychologists, social workers and religious workers to female offenders and probationers to:

Assist them in dealing with the trauma of imprisonment, abuse, cycle of violence

Enhance their social functioning Improve their mental health and well-being, and Encourage spiritual upliftment

Page 17: INPUT TO PORTFOLIO COMMITTEE

Typical Development ProgrammesTypical Development Programmes Restorative Justice Approach:

The DCS has adopted the Restorative Justice Approach towards the rehabilitation of offenders.

Awareness raising campaigns to create a common understanding and buy-in of Restorative Justice principles are conducted in all provinces.

It is aimed at healing the relationship between the victim, offender and the community.

The principles of Restorative Justice are also applied to female offenders

Page 18: INPUT TO PORTFOLIO COMMITTEE

Typical Development ProjectsTypical Development Projects The The UNISA / SANLIUNISA / SANLI (South African National Literacy Initiative) (South African National Literacy Initiative)

partnership targeting illiterate youth throughout SA, was extended to partnership targeting illiterate youth throughout SA, was extended to DCS. Approximately 473 bursaries were awarded to prisoners to DCS. Approximately 473 bursaries were awarded to prisoners to study at UNISA as ABET Practitioners. Ultimately these prisoners study at UNISA as ABET Practitioners. Ultimately these prisoners will in turn train other prisoners in basic literacy.will in turn train other prisoners in basic literacy.

Readucate TrustReaducate Trust, a non-profit NGO involved in educational and , a non-profit NGO involved in educational and literacy training, trained 196 prisoners as instructors at 19 prisons in literacy training, trained 196 prisoners as instructors at 19 prisons in SA. The trained instructors are utilized to train other prisoners in SA. The trained instructors are utilized to train other prisoners in reading, communication & life skillsreading, communication & life skills

SABC Education Initiative:SABC Education Initiative: TV Programmes can be used as TV Programmes can be used as teaching aids to support classroom activities. Support material and teaching aids to support classroom activities. Support material and teaching aids are offered free of charge by SABC Education. These teaching aids are offered free of charge by SABC Education. These programmes support formal schooling & universal access to programmes support formal schooling & universal access to knowledge, skills & values.knowledge, skills & values.

Page 19: INPUT TO PORTFOLIO COMMITTEE

Typical Development ProjectsTypical Development Projects The The Department of Labour’s National Skills Department of Labour’s National Skills

FundFund annually allocates funds to DCS to annually allocates funds to DCS to facilitate training programmes to prisoners that facilitate training programmes to prisoners that are relevant and needs based.are relevant and needs based.

This training is aimed at equipping offenders This training is aimed at equipping offenders with basic technical skills in a variety of fields with basic technical skills in a variety of fields such as sowing, garment making, woodworksuch as sowing, garment making, woodwork

Business skills training is also provided in order Business skills training is also provided in order to equip individuals with skills to operate own to equip individuals with skills to operate own small business small business

Page 20: INPUT TO PORTFOLIO COMMITTEE

Specialised Programmes Offered to Specialised Programmes Offered to WomenWomen

Intensive Psychotherapy and individual Intensive Psychotherapy and individual intervention are offered to women who killed intervention are offered to women who killed their abusive partnerstheir abusive partners

Focus on offender crisis intervention around the Focus on offender crisis intervention around the abusive relationship / trauma of incarceration abusive relationship / trauma of incarceration

Deal with issues like physical abuse, mental & Deal with issues like physical abuse, mental & emotional abuseemotional abuse

Trauma counseling dealing with forgiveness, Trauma counseling dealing with forgiveness, reconciliation and trauma associated with reconciliation and trauma associated with emotional & physical abuseemotional & physical abuse

Page 21: INPUT TO PORTFOLIO COMMITTEE

Intersectoral Co-operation Intersectoral Co-operation

DCS forms part of inter-departmental DCS forms part of inter-departmental committee on domestic violence deal with committee on domestic violence deal with gender based violence.gender based violence.

DCS participates in campaign of “Activism DCS participates in campaign of “Activism on non-violence against women & on non-violence against women & children”children”

Page 22: INPUT TO PORTFOLIO COMMITTEE

Challenges Challenges Correctional officials must undergo paradigm shift towards rehabilitative approach.Correctional officials must undergo paradigm shift towards rehabilitative approach.

Specialised training of staff dealing with female offenders who killed their abusive Specialised training of staff dealing with female offenders who killed their abusive partnerspartners

In past programmes rendered to women offenders not based on proper needs In past programmes rendered to women offenders not based on proper needs assessmentassessment

Budget engendered for developmental needs of women offenders Infants & Budget engendered for developmental needs of women offenders Infants & Mothers Policy be monitored & evaluated.Mothers Policy be monitored & evaluated.

Management Information System not specific for domestic violence crimes.Management Information System not specific for domestic violence crimes.

Overcrowding impacts negatively on service delivery.Overcrowding impacts negatively on service delivery.

Page 23: INPUT TO PORTFOLIO COMMITTEE

Challenges Challenges 1.1. Consideration of parole for women who killed abusive Consideration of parole for women who killed abusive

partners, implications:partners, implications:

2.2. Message to community / perception about violent Message to community / perception about violent crimes crimes

3.3. Message to family of victim – will they accept the Message to family of victim – will they accept the offender? offender?

4.4. Relationship between in-laws, children and offender Relationship between in-laws, children and offender 5.5. Specific support systems & after care – lacking / not Specific support systems & after care – lacking / not

explored within the criminal justice sectorexplored within the criminal justice sector6.6. Impact of criminal record on quality of life, Impact of criminal record on quality of life,

employability & community relationships employability & community relationships