Transforming Prisons into Correctional Centers: Briefing on the Children's Bill

1. DEPARTMENT OF CORRECTIONAL SERVICES Department of Correctional Services Transforming prisons into correctional centers - places of new beginnings

2. BRIEFING TO THE PORTFOLIO COMMITTEE FOR SOCIAL DEVELOPMENT ON THE CHILDREN’S BILL[B 70 – 2003] 25 AUGUST 2004

3. INTRODUCTION • The Department of Correctional Services moves from the premise that every individual provided with appropriate resources and social circumstances has the potential to develop to his/her full potential. • The White Paper on Corrections in South Africa advocates for corrections as a societal responsibility, recognizing the family as a basic building block of any healthy and prosperous community. • Family – Primary level at which corrections should take place • Community – Secondary level • DCS – Tertiary level • The White Paper further advances the Constitutional directive and asserts the Departmental position that Children should not be in Correctional Centres and should as far as possible be diverted from the Criminal Justice System.

4. INTRODUCTION cont… • Where diversion is not an option, they should be accommodated in secure care facilities designed for children, where: • Staff is trained to address the basic needs of children • Programmes are age appropriate and address unique needs of children • Policies are in place to address different age categories • An integrated approach towards child development is followed • It is accepted that the Children’s Bill deals with children in need of care and the Child Justice Bill deals with children who have problems with the law • Reality – there are children in Correctional Centres who do not have problemswith the law – They are there because their mothers are incarcerated • HOW DOES DCS DEALS WITH THESE CHILDREN

5. LEGAL FRAMEWORK Act 111 of 1998, Section 20: Mothers of young children in prison • (1) A female prisoner may be permitted, subject to such conditions as may be prescribed by regulations, to have her child with her until such child is five years of age. • 2) The Department is responsible for food, clothing, health care as contemplated in section 12 and facilities for the sound development of the child for the period that such child remains in prison. • (3) Where practicable, the Commissioner must ensure that a mother and child unit is available for the accommodation of the children whom they may be permitted to have with them. • The White Paper on Corrections (2003) – Chapter 12 Promotes the idea of continuity of the mother and child sound relationship by special visitation privileges for children separated from their mother after the age of five, as well as young children who were separated from their mothers when they entered correctional centres, as a necessary step to reduce the negative effect of the separation from the mother and to prepare for the eventual release of the mother. • Definition of a Child The Correctional Services Act (111 of 1998) concurs with the definition of a child as it is in the Children’s Bill. • DCS policy on Young Children with their Incarcerated Mothers

6. STATISTICS Total of young children with their incarcerated mothers: 31 May 2004 • Eastern Cape : 37 • Gauteng : 63 • KZN : 38 • Limpopo, Mpumalanga & North West : 32 • Northern Cape& Free State : 21 • Western Cape : 14 Total: 205

7. STATISTICS Cont… Total of female offenders: 31 May 2004 • Sentenced : 3090 • Unsentenced : 1097 Total: 4187 • Number of Female Correctional Centres = 7 (Other female offenders are accommodated in Sections of Correctional Centres separate from male offenders.) • Number of Mother and Child Units = 12

8. ORGANIZATION Mother and Miracles Baby Massaging of SA Child Care Givers PROGRAMME Teaching children about colors Baby massaging Teach young children - Drawing - singing - playing - educare - other developmental and educational programmes SPECIFIC PROGRAMMES TO YOUNG CHILDREN WITH THEIR INCARCERATED MOTHERS AT JOHANNESBURG CORRECTIONAL CENTRE

9. POLICY AROUND YOUNG CHILDREN WITH THEIR INCARCERATED MOTHERS • KEY POLICY AREAS • The Policy on young children with their incarcerated mothers addresses the following: • The admission of a young child with a mother is only permitted when no other suitable accommodation and care is available. • Care, development and stimulation of the young children. • Care and services or programmes for pregnant women in a correctional centre in order to improve pre-and ante-natal care of the mothers. • Mother and Child Units to provide for a conducive environment in the care and development of young children

10. POLICY AROUND YOUNG CHILDREN WITH THEIR INCARCERATED MOTHERSCont… • Enhancement of the mother-child relationship and effective parenting, and child care. • Empowerment of mothers in a correctional centre with regard to their maternal role and responsibility. • Responsible placement of young children externally. • Health and physical care to provide for basic health care services by promoting: • An effective immunization programme for young children to prevent childhood diseases as far as possible. • The design 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. All pregnant prisoners should be motivated to undergo the mentioned pre-post-natal programme. • 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.

11. POLICY AROUND YOUNG CHILDREN WITH THEIR INCARCERATED MOTHERSCont… • Placement and Alternative Care • Cooperation with parents and family, the Department of Social Development and relevant NGO’s. • Ensuring life long sound relationships and emotional security. • Prevention of the effects of institutionalization by the facilitation of placement, externally, taking into account the interest of the child.

12. INTERSECTORAL CO-OPERATION • National Plan of Action Steering Committee (NPASC) • Intersectoral Committee on Child Justice (ISCCJ) • National Intersectoral Task Team on Children’s Bill • Intersectoral Committee on Youth Affairs

13. RESEARCH : IMPACT OF IMPRISONMENT ON YOUNG CHILDREN WITH THEIR INCARCERATED MOTHERS • Research findings of research conducted by the Centre for Conflict Resolution on “Improving the lives of children/babies living with their inmate mothers in prisons” revealed the following: • Babies are not exposed to activities and opportunities which promote developmental needs from the perspective of normal development. • Possibilities for being exposed to incidents of physical and verbal abuse between adults. • Various forms of the effects of maternal deprivation. • Subsequent impairment of children’s development after removal from their primary care givers during placement with alternative care givers. • Display of aggressive and delinquent behaviour, which may result in either suicide or committal of crimes at a later stage. • Feelings of insecurity resulting in acute conflicts, anxiety and depression. • Hostile behaviour arising from deprivation of maternal love and care and separation from their mothers. • Destruction of attachment and trust to other people at a later stage.

14. COST IMPLICATIONS • The following formula will cater for the financial implication of the Children’s Bill on Correctional Services in terms of Early Childhood Development: R 850 (per month) x 12 (months) x 220 (children per month) = R 2 244 000.00

15. CHALLENGES • Mother and Child Units are not wholly conducive/ ideal to enhance care, development and stimulation of the young children - temporary measure to protect them while also recognizing the importance of children’s bonding with mothers. • There is need for an integrated approach between the Departments of Correctional Services and Social Development in the assessment and decision making on alternative placement of young children. • Female offenders pregnant at time of arrest - Mother and child bonding after birth.

16. CHALLENGES – Cont… • Attendance of external crèches. Should not be viewed as encouragement for female offenders to bring along their young children to correctional centres. • Training of staff dealing with mothers with young children in correctional centres also need to be approached inter-sectorally. • Overcrowding impacts negatively on service delivery.

17. Correctional Services values your role in breaking the cycle of crime: in making rehabilitation work. Thank you Together we can strengthen the social compact against crime, for a better life.