PRESENTATION PRESENTATION TO THE TO THE

PORTFOLIO COMMITTEE ON PORTFOLIO COMMITTEE ON MOTHERS WITH BABIES AND MOTHERS WITH BABIES AND

FEMALES IN PRISON FOR FEMALES IN PRISON FOR DOMESTIC VIOLENCEDOMESTIC VIOLENCE

STATUS OF FEMALES AND MOTHERS WITH BABIES IN PRISONSTATUS OF FEMALES AND MOTHERS WITH BABIES IN PRISON

Department of Correctional ServicesDepartment of Correctional Services12 NOVEMBER 200212 NOVEMBER 2002

CONTENTS OF PRESENTATION

I. INTRODUCTION

II. MANDATE

III. INFANTS AND MOTHERS POLICY

IV. STATISTICS

V. SERVICES

VI. REHABILITATION PROGRAMMES

VII. INTERVENTION FRAMEWORK

IX. SPECIAL PROJECTS

X. INTERSECTORAL CO-OPERATION

XI. ACCOMMODATION AND FACILITIES

XII. CHALLENGES

CONTENTS OF PRESENTATION (Continued)

I. INTRODUCTION

DCS had placed rehabilitation at the centre of all activities.

The department views rehabilitation as a long term goal to crime prevention & enhancing its potential to curb re-offending and eliminate recidivism.

The Department of Correctional Services has embarked on a re-engineering initiative which looks at departmental structures, procedures and systems and how these contribute or hinder service delivery and the provisioning of effective rehabilitation.

Effective rehabilitation depends on intervention that is systematic, appropriate and in line with the needs of females and mothers with babies.

The Department has committed itself to take all the appropriate measures to ensure the full development of women who find themselves in prison. It is the view of the Department that no child belongs in prison. However due to realities of children being in prison with their mothers the Department has to provide for support, stimulation, development and bonding for these babies and mothers.

Women offenders have to participate in programmes which have been specifically designed to satisfy their particular needs and to develop their potential, in order to enhance the women offenders’ co-responsibility and ownership of their rehabilitation process.

INTRODUCTION (Continued)

II. MANDATE

The Department of Correctional Services respects the rights of people as derived from the Constitution of South Africa. Those rights, amongst others, entail equality, human dignity, life and freedom and security of the person. Women offenders like all other offenders should be exposed to an environment and opportunities which contribute towards their protection, non-discrimination, human dignity and freedom from all forms of violence.

Correctional Services Act provides for the Department to be responsible and to cater for the special needs of children and women in order to ensure that they are not disadvantaged.

All possible measures are taken to ensure that female offenders are detained in a way that is in their best interest under the circumstances which takes account of the age of young female offenders; ensure and respect their human rights; and ensure their safety and protection.

III. INFANTS AND MOTHERS POLICY

The Policy on infants or young children with mothers in custody addresses the following:

* The admittance of a baby or young child with a mother is only permitted when no other suitable accommodation and care is available.

* Mothers and infants or young children therefore have to be kept in a separate Mother and Child Unit in a prison.

* Care, development and stimulation of the infants or young children.

* Care and services or programmes for pregnant women in a prison in order to improve pre-and antenatal care of the mothers.

* Enhancement of the mother-child relationship and effective parenting, and child care.

* Empowerment of mothers in a prison with regard to their maternal role and responsibility.

* Responsible placement of infants or young children externally.

IV. STATISTICS

GENDERS

Sentence Groups Female Male All Genders

Unsentenced 1148 51817 52965

Sentenced 3050 125275 128325

All Sentence Groups 4198 177092 181290

THE VARIOUS CRIME CATEGORIES THAT FEMALE PRISONERS ARE CLASSIFIED IN, ARE AS FOLLOWS:

SENTENCE GROUPS

Crime categories Unsentenced Sentenced All sentence groups

Economical 438 972 1410

Aggressive 536 1581 2117

Sexual 25 16 41

Narcotics 66 272 338

Other 83 209 292

All crime categories 1148 3050 4198

THE SENTENCE CATEGORIES OF SENTENCED FEMALE PRISONERS CURRENTLY INCARCERATED, ARE AS FOLLOWS:

  FEMALE

Sentence groups Female

0-6 months 499

>6-12 months 270

>12-<24 months 167

2 – 3 years 459

>3 – 5 years 479

>5- 7 years 293

>7 – 10 years 377

>10 – 15 years 285

>15 – 20 years 80

>20 years 74

Death Sentence 4

Habitual Criminal 17

Life Sentence 43

INFANTS & CHILDREN STATISTICS FOR 2002/09

RSA In Detention

PC EASTERN CAPE 36

PC FREE STATE 21

PC GAUTENG 48

PC KWAZULU-NATAL 39

PC LIMPOPO 24

PC MPUMALANGA 14

PC NORTH WEST 2

PC NORTHERN CAPE 9

PC WESTERN CAPE 20

TOTALS 213

V. SERVICES

The Department of Correctional Services is dealing with young persons in need of special protection, and infants/young children in prison with their mothers by addressing the following in terms of services:

1. HEALTH AND PHYSICAL CARE

The necessary care with regard to medical requirements, health and psychological needs are provided by the state for such a period as an infant/young child remains in prison. This includes the special care which is required by disabled infants/young children.

Basic health is further promoted by means of:

An effective immunisation programme for infants/young children to prevent childhood diseases as far as possible.

The designing of a programme for female prisoners, which includes child development and stimulation.

Pre-natal and post-natal care programmes including basic health education to meet child care needs and family planning offered to female prisoners.

Babies with their mothers in prison receive required food as prescribed in the dietary scale of babies according to their unique needs. The medical doctor may, however prescribe such food on medical grounds as he may deem necessary in the interest of the baby’s health.

A distinctive dietary scale is offered to pregnant and lactating female prisoners.

SERVICES (Continued)

2. PLACEMENT AND ALTERNATIVE CARE OF INFANTS

Alternative care regarding the placement of infants/young children is being addressed. This action take place in co-operation with parents and family and with the Department of Social Development and other external organisations/NGO’s.

To ensure life-long sound relationships between infants/young children who are in prison with their mothers and their families as well as emotional security, contact visits for mothers with infants/young children are allowed.

In order to prevent institutionalisation and to facilitate bridging during placement and to contribute towards sound child care and development, it is necessary to expose the infants to a normal way of life as far as practically possible e.g. attending crèches, routine visits by family etc.

3. FEMALE OFFENDERS Domestic violence refers to abuse, which is physical, sexual, emotional and economic.

Women in prison pose a significant challenge to the Department and to society due to their needs which are different and unique from their male counterparts.

The Department takes cognizance of the public outcry on the release of women who are in prison for having killed their abusive partners. However, the Department is bound in terms of the provisions of the Correctional Services Act. In this the regard the following apply:

* Subject to the provisions of this Correctional Services Act, every member of the Department who is in charge of any prison and every other member of the Department who is in charge of prisoners shall cause every prisoner who has been sentenced by any court, to undergo that sentence in the manner directed by the warrant by the court.

* The Department of Correctional Services is on the receiving end of the Criminal Justice System and as such is compelled to execute the warrant as directed by the court. However, when a prisoner reaches a certain stage of his/her period of imprisonment, the Department must consider such person for possible placement on parole.

FEMALE OFFENDERS (Continued)

The relevant sections of the Correctional Services Act do not differentiate between genders, age, or the type of crime committed and when they must as such be released on parole. The Department applies guidelines when a Parole Board considers possible parole placement for aggressive, sexual, economical or narcotic crimes or what the case may be. It does not apply separate policies for the types of crimes committed by males and females. Each and every case must be considered on own merits wherafter a recommendation can be made by the Parole Board.

VI. REHABILITATION PROGRAMMES

Development programmes are offered to all offenders, including females and mothers with babies.

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

The active engagement of the community in the rehabilitation of women will strengthen our partnership in their treatment and also expand the scope of rehabilitation and after care services.

VII. INTERVENTION FRAMEWORK

The Department of Correctional Services adopted a model of intervention that provides a systematic framework for rehabilitation of offenders, including women.

The model is composed of a set of concepts, beliefs, values, and principles – which offers both an explanation of the causal factors of crime and guidelines on how these factors or situations can be changed.

The assessment of female offenders to determine the causal factors of crime as well as the specific needs of the individual.

After assessment a correctional plan is developed in consultation with the female offender.

The correctional plan is implemented and managed in a structured way, involving all members and the interest of the community in providing programmes to female offenders.

Part of the process is the continued evaluation and monitoring of the impact of intervention.

This process of intervention takes place from the day of admission, throughout the period of incarceration and after release of the person back into the community.

1. PROCESS OF INTERVENTION

It provides a structure for analysing complex and often highly emotional human problems and situations.

It organises information, beliefs and assumptions into a meaningful whole.

It provides a rationale for action and decision making.

It promotes a systematic, orderly and predictable approach to work with female offenders.

It creates a platform for a multi-disciplinary approach in rehabilitating the female offender.

It enables DCS to evaluate, curb and keep track of offending behaviour.

2. BENEFITS OF FRAMEWORK

In order to impact positively on the high level of illiteracy as well as the lack of vocational and occupational skills in society, all prisoners have access to:

- General Education and Training (GET)

- Further Education and Training (FET)

- Higher Education and Training (HET); and

- Technical training programmes

The above are provided in a structured day programme.

Formal education programmes are offered in line with NQF and SAQA requirements enabling prisoners to receive the necessary recognition after release and strengthen opportunities for sustainable employment.

VIII. DEVELOPMENT PROGRAMMES

Counselling services are offered by psychologists, social workers and religious workers to female prisoners and probationers to:- assist them in dealing with the trauma of imprisonment, - enhance their social functioning, - improve their mental health and well-being, and - encourage spiritual upliftment.

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 females.

DEVELOPMENT PROGRAMMES (Continued)

In the past programmes were rendered to females in prison that were not based on a proper needs assessment. With the adoption of the new Model of Intervention, programmes will be rendered according to the needs of the female offender.

Various NGO’s, CBO’s and FBO’s render programmes to females and women with babies in prison. Several initiatives are also undertaken to provide childcare and stimulate babies in prison and to promote bonding between mother and child.

IX. SPECIAL PROJECTS

Correctional Services forms part of the inter-departmental committee on Domestic Violence to deal with gender based violence.

The department participates in the campaign of “Activism on non-violence against women and children”

X. INTERSECTORAL CO-OPERATION

Mothers with their infants/young children are kept in a separate Mother and Child Unit in a prison where the surroundings and facilities are conducive to sound physical, social and mental care and development.

In female prisons/sections where there are no Mother and Child Units in place, single cells are utilised for the privacy of females who have their infants with them for the duration of her incarceration.

Infants/young children are allowed to attend external crèche facilities.

XI. ACCOMMODATION AND FACILITIES

The Department is faced by the following challenges regarding female offenders and mothers and babies in prison:

Mother and Child Units are not wholly condusive/ideal to enhance care, development and stimulation of the infants. They have been established to serve as a bridge to cater for the needs of the babies while they are with their mothers in prison, basically as a temporary measure to protect them while also recognising the importance of children’s bonding with mothers.

It is for the best interest of the child to be placed out with families as soon as possible, but there are circumstances where placing out of a child is delayed and the child remains under circumstances that are not conducive for a child’s well-being. To this end the Department has to engage with the relevant external role players regarding the application for a Child Care Grant in order to assist in the process of placement into an appropriate and suitable family.

It also happens that a female offender is pregnant at the time of arrest and have to stay with her child after birth for Mother-and child-bonding.

XII. CHALLENGES

There is need for an integrated approach in the assessment and decision-making on alternative placement of the infant from the stage of arrest as Correctional Services only comes into contact with them from the stage of awaiting trial in prison and/or when sentenced.

Infants should be allowed to attend external crèches where facilities are conducive to sound, physical, social and mental care and development. On the other hand, it may appear as if female offenders are encouraged to bring along their infants into prison.

Training of staff dealing with female offenders and mothers with infants in prison to stimulate and develop the babies as well as to deal with the specific needs of female offenders also need to be approached inter-sectorally.

Provision for a child to be with mother in prison up to the age of five years as it is stated in Correctional Services Act is debatable. Is it for the best interest of the child?

CHALLENGES (Continued)

Needs-based, institutional and community corrections programmes, as well as reintegrarion programmes need to be developed.

Unit Management and Restorative Justice approaches are to be operationalised.

Correctional officials have to undergo a paradigm shift towards a rehabilitative approach.

The budget has to be engendered to meet the developmental needs of female offenders and the mothers with infants in prsion.

The Infants and Mothers Policy has to be monitored and evaluated in order to establish its impact on infants who are in prison with their mothers.

CHALLENGES (Continued)

The Management Information System does not make specific provision for domestic violence crimes. Furthermore, the description of crimes from court seldom accompanies such a warrant upon admission of an offender or does not specify whether the crime committed is of domestic violence or not.

Overcrowding impacts negatively on service delivery and counters successful rehabilitation.

CHALLENGES (Continued)