INPUT TO PORTFOLIO COMMITTEE

1
INPUT TO PORTFOLIO COMMITTEE

• WOMEN CONVICTED FOR KILLING THEIR ABUSIVE
  PARTNERS
• DEPARTMENT OF CORRECTIONAL SERVICES
• 14 APRIL 2003

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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

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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)

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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

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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 199816)

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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 theyre not
  disadvantaged.
• Women offenders detained under circumstances
  which takes account of age, ensure respect for
  human rights, safety protection.

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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)

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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)

9
New Release Policy

• Composition of Parole Board
• Chairperson external person
• Vice Chairperson external person
• Two community members
• Secretary of Board DCS member
• The proposed new parole board will have
  recommendation decision making powers

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New Release Policy

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

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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

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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.

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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.

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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

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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.

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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

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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

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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.

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Typical Development Projects

• The Department of Labours 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

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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

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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

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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.

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Challenges

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