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

Domestic violence – Public Outcry  Domestic violence refers to physical, sexual, emotional & economic abuse. Women are a challenge to DCS & society due to different & unique needs  DCS takes cognizance of public outcry on release of women in prison for having killed their abusive partners. However DCS bound in terms of provisions of DCS Act to apply: *Provisions of this DCS Act. *DCS on receiving end of Criminal Justice System.  Relevant sections of DCS Act do not differentiate between genders, age, or the type of crime committed.  Differentiation takes place on service delivery level in the form of specialised programmes & projects

Number of Women Incarcerated  Number of women incarcerated in SA DCS – 3035  Crime categories of women (Annexure A)  Number of women incarcerated for killing their abusive partners – 165 (Annexure B)

Rehabilitation – DCS Answer  Rehabilitation at centre of all activities.  Rehabilitation as a long term goal to crime prevention, curbing re-offending as eliminating recidivism.  DCS re-engineering initiative on departmental structures, procedures & systems to ensure these contribute to service delivery & effective rehabilitation.  Effective rehabilitation depends on systematic, & structured intervention in line with developmental needs of women who murdered their abusive partners

Legal Mandate  According to Section 2 of the Correctional Services Act (111 of 1998) the purpose of a correctional system is to contribute to maintaining and protecting a just, peaceful and safe society by:  a) Enforcing sentences of the courts in a manner prescribed by this Act;  b) Detaining all prisoners in safe custody whilst ensuring their human dignity and;  c) Promoting social responsibility and human rehabilitation of all prisoners and persons subjected to community corrections (Republic of South Africa 1998:16)

Legal Mandate - Continued  DCS respects rights from Constitution of SA:, equality, human dignity, life & freedom & security.  Women offenders exposed to an environment & opportunities contribute towards their protection, non-discrimination, human dignity & freedom from all forms of violence.  DCS Act provides for / responsive to the special needs of women - ensure they’re not disadvantaged.  Women offenders detained under circumstances which takes account of age, ensure & respect for human rights, safety & protection.

Current Release Policy  All offenders considered by Parole Board when complete 1/3 of term of imprisonment (½ of sentence minus credits earned by offender)  An offender convicted for murder must serve ¾ of his/her term of imprisonment – Parole Board may deviate from policy based on well motivated reasons e.g. credits earned for positive / pro- social behavior, insight in offending behavior  Offenders sentenced to life imprisonment considered for possible parole after completing 20 years term of imprisonment (including offenders convicted for murder)

Factors considered for Possible Parole Placement  The nature & seriousness of the crime  Crime history / frequency of offending  Risk posed to society  The length of sentence  Remarks / comments by the court imposing sentence  Behavior & adaptation in prison  Response to interventions aimed at addressing the offending behavior  Potential for successful reintegration (acceptance family, prospects for employment, attitude of community, restoration of relationship with victim, identification of risk factors for relapse)

New Release Policy  Composition of Parole Board: 1. Chairperson = external person 2. Vice Chairperson = external person 3. Two community members 4. Secretary of Board = DCS member  The proposed new parole board will have recommendation & decision making powers

New Release Policy  The Act no 111 of 1998 makes provision for: 1. A court may impose a non-parole period which may not exceed ⅔ of the effective sentence (including sentences for murder) 2. If no non-parole period is imposed, an offender must be considered for parole placement once ½ of sentence has been served (murder included) 3. Offenders sentenced for life will serve 25 years before parole placement is considered 4. Same factors are taken into account for possible parole placement

Framework of Intervention  DCS adopted a framework of intervention that provides a systematic framework for structured needs-based rehabilitation / intervention  Framework composed of set of clear concepts, beliefs, values & principles that offers explanation of causal factors of crime & guidelines to addressing offending behaviour

Structured Process of Intervention  Assessment determines causal factors of crime & specific needs of individual.  After assessment a correctional plan is developed in consultation with offender targeting offending behavior & causal factors of crime  Correctional plan implemented & managed in structured way, involving members & community in providing programmes.  Part of the process involves continued evaluation & monitoring of impact of intervention.  Process of intervention takes place from admission, throughout incarceration & after release.

Benefits of Framework of Intervention for Women  Provides structure for analysing emotional human problems & situations associated with domestic violence  Organises information, beliefs and assumptions around cycle of violence  Provides rationale for action & decision making targeting offending behavior & abusive relationships  Promotes systematic, orderly & predictable approach to intervention  Creates platform for multi-disciplinary approach to the problem  Enables DCS to evaluate, curb & keep track of offending behavior.

Rehabilitation Programmes  Development programmes are offered to all offenders, including female offenders who killed their abusive partners  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 female offenders help strengthen our partnership in their treatment and also expand the scope of rehabilitation and after care services

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

Typical 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

Typical 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

Typical Development Projects  The UNISA / SANLI (South African National Literacy Initiative) partnership targeting illiterate youth throughout SA, was extended to DCS. Approximately 473 bursaries were awarded to prisoners to study at UNISA as ABET Practitioners. Ultimately these prisoners will in turn train other prisoners in basic literacy.  Readucate Trust, a non-profit NGO involved in educational and literacy training, trained 196 prisoners as instructors at 19 prisons in SA. The trained instructors are utilized to train other prisoners in reading, communication & life skills  SABC Education Initiative: TV Programmes can be used as teaching aids to support classroom activities. Support material and teaching aids are offered free of charge by SABC Education. These programmes support formal schooling & universal access to knowledge, skills & values.

Typical Development Projects  The Department of Labour’s National Skills Fund annually allocates funds to DCS to facilitate training programmes to prisoners that are relevant and needs based.  This training is aimed at equipping offenders with basic technical skills in a variety of fields such as sowing, garment making, woodwork  Business skills training is also provided in order to equip individuals with skills to operate own small business

Specialised Programmes Offered to Women  Intensive Psychotherapy and individual intervention are offered to women who killed their abusive partners  Focus on offender crisis intervention around the abusive relationship / trauma of incarceration  Deal with issues like physical abuse, mental & emotional abuse  Trauma counseling dealing with forgiveness, reconciliation and trauma associated with emotional & physical abuse

Intersectoral Co-operation  DCS forms part of inter-departmental committee on domestic violence deal with gender based violence.  DCS participates in campaign of “Activism on non-violence against women & children”

Challenges  Correctional officials must undergo paradigm shift towards rehabilitative approach.  Specialised training of staff dealing with female offenders who killed their abusive partners  In past programmes rendered to women offenders not based on proper needs assessment  Budget engendered for developmental needs of women offenders Infants & Mothers Policy be monitored & evaluated.  Management Information System not specific for domestic violence crimes.  Overcrowding impacts negatively on service delivery.

Challenges  Consideration of parole for women who killed abusive partners, implications: 1. Message to community / perception about violent crimes 2. Message to family of victim – will they accept the offender? 3. Relationship between in-laws, children and offender 4. Specific support systems & after care – lacking / not explored within the criminal justice sector 5. Impact of criminal record on quality of life, employability & community relationships