PRESENTATION TO THE PORTFOLIO COMMITTEE ON MOTHERS WITH BABIES AND FEMALES IN PRISON FOR DOMESTIC VIOLENCE STATUS OF FEMALES AND MOTHERS WITH BABIES IN PRISON Department of Correctional Services 12 NOVEMBER 2002

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PRESENTATION TO THE PORTFOLIO COMMITTEE ON
MOTHERS WITH BABIES AND FEMALES IN PRISON FOR
DOMESTIC VIOLENCESTATUS OF FEMALES AND MOTHERS
WITH BABIES IN PRISONDepartment of
Correctional Services12 NOVEMBER 2002
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CONTENTS OF PRESENTATION

• I. INTRODUCTION
• II. MANDATE
• III. INFANTS AND MOTHERS POLICY
• IV. STATISTICS
• V. SERVICES
• VI. REHABILITATION PROGRAMMES
• VII. INTERVENTION FRAMEWORK

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CONTENTS OF PRESENTATION (Continued)

• IX. SPECIAL PROJECTS
• X. INTERSECTORAL CO-OPERATION
• XI. ACCOMMODATION AND FACILITIES
• XII. CHALLENGES

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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.

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INTRODUCTION (Continued)

• 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.

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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.

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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.

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IV. STATISTICS
GENDERS GENDERS GENDERS
Sentence Groups Female Male All Genders
Unsentenced 1148 51817 52965
Sentenced 3050 125275 128325
All Sentence Groups 4198 177092 181290
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THE VARIOUS CRIME CATEGORIES THAT FEMALE
PRISONERS ARE CLASSIFIED IN, ARE AS FOLLOWS
SENTENCE GROUPS SENTENCE GROUPS 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
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THE SENTENCE CATEGORIES OF SENTENCED FEMALE
PRISONERS CURRENTLY INCARCERATED, ARE AS FOLLOWS
  FEMALE
Sentence groups Female
0-6 months 499
gt6-12 months 270
gt12-lt24 months 167
2 3 years 459
gt3 5 years 479
gt5- 7 years 293
gt7 10 years 377
gt10 15 years 285
gt15 20 years 80
gt20 years 74
Death Sentence 4
Habitual Criminal 17
Life Sentence 43
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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
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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.

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SERVICES (Continued)

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

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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/NGOs
  .
• 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.

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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.

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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.

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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.

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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.

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1. PROCESS OF INTERVENTION

• 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.

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2. BENEFITS OF FRAMEWORK

• 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.

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VIII. DEVELOPMENT PROGRAMMES

• 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.

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DEVELOPMENT PROGRAMMES (Continued)

• 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.

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IX. SPECIAL PROJECTS

• 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 NGOs, CBOs and FBOs 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.

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X. INTERSECTORAL CO-OPERATION

• 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

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XI. ACCOMMODATION AND FACILITIES

• 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.

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XII. CHALLENGES

• 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 childrens 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
  childs 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.

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CHALLENGES (Continued)

• 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?

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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.

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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.