12 July 2017 Aspects of the Incarceration of Women in – Summary

This document was written at the request of MK Aida Touma-Sliman, Chair of the Committee on the Status of Women and Gender Equality, and it presents information on various aspects of the incarceration of . At the beginning of the document, we will present information and data on the characteristics of the prisoners (both sentenced and detained women) and the conditions of their confinement.1 Subsequently, we will discuss various issues concerning their incarceration, especially those with a gender-related element, such as birth and motherhood. We will also review other aspects of their imprisonment, such as employment, studies, vocational training, psychotherapy and addictions treatment, as well as rehabilitation. Overall, the document mostly refers to female criminal prisoners; in some of the cases to which the Israel Service (IPS) provided relevant information regarding security prisoners,2 this information is also presented. We note that at the time of writing, the security prisoners had declared a hunger strike; in response to our inquiry, the IPS said that the strike did not lead to any changes in

1 According to the Ordinance, a “prisoner” is a person lawfully held in confinement in a prison, and a "criminal prisoner" is a prisoner under a warrant issued by a court or other authority that hears criminal cases, or a warrant issued by a court-martial. See Prisons Ordinance (New Version), 5732-1971, Section 1 "Interpretations." In addition, a “sentenced prisoner” is a criminal prisoner who has been sentenced, and a "detainee" is a confined person, whether or not an indictment has been served against him. In this document, we will use the term "incarcerated woman" to denote a woman who is either a "sentenced prisoner" or a "detainee." 2 According to the IPS Commission Ordinance "Process of Defining a Security Prisoner," a "security prisoner" is one of the following: 1. A prisoner who has been suspected of, indicted with, or convicted of an offense which is, by nature or by circumstance, an obvious security offense or a security offense carried out for a nationalistic motive; 2. A prisoner regarding whom the Israel Security Agency has issued an opinion indicating a danger to security resulting from the actions for which the individual was detained, indicted, or sentenced; 3. A person who has been indicted with or convicted of an act that provided services to a person or terrorist organization or that had the material potential to do so, or a person who sought to harm national security—when the action was taken out of knowledge, willful ignorance, or indifference regarding the risk that the action did or would have posed to national security. IPS Commission, "Process of Defining a Security Prisoner" in effect since 1 May 2001, last updated 16 February 2016.

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the aspects of the conditions governing the incarceration of female security prisoners that are discussed in this document.3 Studies conducted in recent years suggest that female criminals are characterized by poverty, low levels of education, a lack of work skills, and a high rate of single parenting. Many of the women are victims of physical and sexual abuse, and some suffer from physical and mental illness and from addictions to drugs and alcohol. Hence, the importance of psychosocial and social therapy and addiction treatment, as well as rehabilitation and preparation for release from prison through, among other things, the completion of educational and vocational training.

In contrast to male criminal prisoners, who are divided between prisons according to their demographics or the offense for which they were imprisoned, all the female criminal prisoners in Israel are imprisoned in one facility—Neve Tirza. The fact that all the female criminal prisoners are incarcerated in a single facility limits the ability of the IPS to classify female prisoners by demographic (e.g., sentenced prisoners and detainees; minors and adults). This has a negative effect both on the physical and mental well-being of the female prisoners and on their chances for rehabilitation. In addition, because all the female criminal prisoners in Israel are held in one facility, the prison's level of security is higher than what is required by the nature of the incarceration of most of the female prisoners. About two-thirds of the female criminal prisoners are mothers of children. However, this document shows that difficulties arise in maintaining the connection between mothers and their children and that some of the mechanisms that could assist in addressing this situation (such as routine and special visits) are not fully implemented for various reasons. The document also raises various questions regarding the rehabilitation of female prisoners, including occupational rehabilitation. In particular, the document shows that the female prisoners in Neve Tirza are employed in a limited range of fields and at low wages, which can harm their chances of integrating into the labor market after their release. Another question that also arises is whether the psychological and social treatment afforded female prisoners—both during their incarceration and after their release—meets their needs.

3 Letter from Lieutenant Colonel Yuval Erlich, Chief of Staff to the Commissioner of the , 5 June 2017, transferred by email on 6 June 2017 by Gal Yonah, contact person for the Knesset. Research & Information Center [email protected] Direct Tel/Fax: 02 - 6408685 The Knesset, Jerusalem, Israel, 91950 http://knesset.gov.il/mmm/eng Office: 02 - 6408240

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Main Findings • The incarceration of prisoners in Israel is the responsibility of the IPS. All the female criminal prisoners in Israel are incarcerated in Neve Tirza Prison, while the female security prisoners are imprisoned in designated wings in Hasharon Prison and Damun Prison.

Data on Female Prisoners • As of the date of writing, there were approximately 271 female prisoners in Israel and about 20,052 male prisoners (sentenced or detained); thus, women constitute approximately 1.3% of the prisoners in Israel. Of these women, 125 are detainees and 146 are sentenced prisoners (following a court verdict).

• In general, the population of female criminal prisoners is older than the male criminal population—66% of the female criminal prisoners are over the age of 35, while only 45% of the male criminal prisoners are above that age.

• On the other hand, the population of female security prisoners is younger than the population of male security prisoners and even than the population of female criminal prisoners. Specifically, approximately 34% of female security prisoners are under the age of 21; this percentage is higher than among male security prisoners (about 20%) and much higher than among female criminal prisoners (about 3%).

• As regards religion, two-thirds of the female criminal prisoners are Jewish; the rest are Muslim (17%), Christian (14%), or members of other religions. The rate of Muslim female criminal prisoners (17%) is considerably lower than the rate of Muslim male criminal prisoners (47%). All the female security prisoners are Muslim.

• About half of the female criminal prisoners (48%) are serving their first arrest/ detention, and the rest (52%) are in repeated arrests/detentions. The rate of repeated imprisonment among women (52%) is much lower than the rate of repeated imprisonment among men (78%). About one-third of the female criminal prisoners and about half of the male criminal prisoners are serving at least a fourth prison sentence. This figure raises doubt regarding the effectiveness or scope of rehabilitation programs that are offered in prison and after release, both for women and

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men. The same applies to security prisoners, as well: the proportion of women in prison for repeated offenses is lower among women (18%) than among men (44%).

• The most common type of offense for which female criminal prisoners were tried are offenses against human life (26% of the prisoners) followed by violent offenses (17%), property offenses (16%), drug offenses (13%), and fraud offenses (11%). By contrast, the most common offenses among men are: violent offenses (16%), offenses against human life (15%), property offenses (14%), offenses against national security (12%), drug offenses (11%) and sex offenses (11%).

• Approximately 20% of the female criminal convicts serve a prison term longer than 20 years or a life sentence, as compared to 12% of convicted men. At the same time, the percentage of male criminals sentenced to short prison terms of less than one year (20%) is higher than the percentage of sentenced female criminals serving a prison sentence of this length (14%). As of the time the data was provided to us, no female security prisoners were serving a prison sentence longer than 20 years, and about 84% of the female security prisoners were serving sentences of no more than 10 years.

• The IPS has partial or incomplete information about the personal aspects of the female prisoner population, such as parenting (including whether they are single mothers), or whether these women were crime victims or were involved in prostitution.4 Neve Tirza—The Facility and its Effect on Incarceration Conditions • Neve Tirza, where all the female criminal prisoners in Israel are incarcerated, is an old, crowded prison that is not suitable for the needs of the women and their children. For several years, the IPS has been planning to establish a new prison suitable for women; the construction plans have already been completed and requests for permits have also been submitted to the local planning committee in Beer Sheva, where the prison was supposed to have been built. Recently, however, the IPS has been reexamining the plans—especially as regards location—and it may be

4 In response to our request for information on female prisoners who were involved in prostitution, the IPS responded that "there are no measured data, and we assess that some have a background in prostitution." Letter from Lieutenant Colonel Yuval Erlich, Chief of Staff to the Commissioner of the Israel Prison Service, 5 June 2017, transferred by email on 6 June 2017 by Gal Yonah, contact person for the Knesset. Research & Information Center [email protected] Direct Tel/Fax: 02 - 6408685 The Knesset, Jerusalem, Israel, 91950 http://knesset.gov.il/mmm/eng Office: 02 - 6408240

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decided to build the prison in the center of the country. According to the IPS, it will take another 4–5 years to build the new prison.

• Because of the relatively small number of female criminal prisoners in Israel (169—as stated, approximately 1.3% of the prison population), the IPS is unable to imprison separate populations in separate facilities by demographic. The same is true for groups of female prisoners who are to be separated based on requirements or recommendations in the existing provisions, such as minors and adults; sentenced and detained prisoners; and first- time offenders and repeat offenders. This situation is different from that of the male prisoners, who are separated based on the above criteria, among others.

• Because all the female criminal prisoners in Israel are incarcerated in the same prison, the security level at Neve Tirza is the maximum possible. This affects various aspects of the prison, including: fencing, guarding, the closing of areas, the presence of prison staff, and the number of hours that wings are locked. In general, male prisoners are held under maximum security conditions when they are imprisoned for more than seven years. In Neve Tirza, about two-thirds of the prisoners are sentenced to less than seven years, which means that they are held in a facility with a security level that is excessively high.

Mothers in prison

• There are 114 mothers incarcerated at Neve Tirza, but the IPS does not have data on the ages of the children or whether the women are single mothers. Though the Prisons Ordinance allows mothers to stay in prison together with their children who are under two years old— and children do occasionally stay in Neve Tirza—the prison is not suited for infants and toddlers, and, as stated above, mothers and children are not separated from the rest of the prisoners.

• Prison visits can help prisoners maintain contact with their children and other family members. There are no special visiting arrangements for prisoners who are parents (mothers or fathers) aside from visits to female prisoners, who may be visited by their minor children in addition to three adults. As a rule, detainees are visited once a week, and sentenced prisoners receive visits at most once every two weeks. (Prisoners have the right to a visit once every two months; a visit once every two weeks is a benefit that can be withdrawn by the prison administration.) The duration of a visit to female criminal prisoners is 30 minutes; a visit to female security prisoners lasts 45 minutes.

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There are difficulties in carrying out visits by the prisoners' children; these are due in part to the arrival procedures and visiting days. Formerly, the Prisoner Rehabilitation Authority (PRA) helped children attend the prison visits, but it is currently unable to continue with this activity. In addition, until 2014, the IPS allowed for visits on Saturdays, but this practice was stopped; today, visits to Neve Tirza take place only on Mondays and Tuesdays. At the time of writing, the High Court of Justice is discussing a petition seeking to renew visits on Saturdays. Note that the IPS Commission's Order on Prisoners Visitations stipulates that the IPS must allow visits on at least three days a week, but it appears that this order is not being implemented in practice.

• Special visits also take place at Neve Tirza, including visits by prisoners' children as part of the "Mothers and Their Children" project conducted in cooperation with the PRA. As of May 2017, only eight mothers with children over the age of 16 were included in the project (which is intended for children over the age of 3). Mothers who are not taking part in the project can receive one-and-a- half-hour "triple visits"; these visits are conducted with the approval and oversight of welfare bodies.

• There are no special furlough arrangements for prisoners who are mothers (nor are there for fathers).

Employment, Studies, and Treatments of Prisoners • Inside Neve Tirza Prison, about half of the female prisoners are employed in a limited range of fields: 86 of them are employed in assembly, packing, and sewing, while 30 are employed in "services, maintenance, and kitchen work." The remuneration they receive for their work is in the range of NIS 5–30 per day. The eight female prisoners in the rehabilitation wing work outside the prison, and they receive NIS 13.7 per hour for their work.

• The average education level of the female prisoners in Neve Tirza is a basic education—about 8 years of schooling. As of the time the data was provided to us, about a third of the women incarcerated in the prison were participating in educational programs, in four classes at different levels. Female security prisoners can study for a matriculation certificate, but—like other security prisoners—they are not allowed to pursue academic studies.

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• Approximately 70 prisoners in Neve Tirza (about 40% of the prisoners) are addicted to drugs and alcohol, and 24 of them are in the prison's treatment unit.

• About 70 female prisoners in Neve Tirza are under psychiatric supervision and treatment, and many of them are apparently victims of sexual assault. In addition, in recent years the scope of the prison psychiatrist position was reduced from 0.75 FTE to 0.5 FTE, and there is no psychological treatment offered in the prison. Although the IPS noted that social workers in the prison cover 7 FTE and that there is no shortage of medical, therapeutic and educational personnel, there is room to examine whether the extent of treatment at Neve Tirza is indeed satisfactory.

• As of the date of writing, some 40 female criminal prisoners were not included in any treatment program, for various reasons. Of these, five female prisoners do not speak Hebrew and were referred for language studies. Female security prisoners do not receive treatment, except at times of crisis and stress.

Rehabilitation of Female Prisoners • The rehabilitation of prisoners in Israel is partly done in prison—by the IPS and RSA—and partly after the release from prison—by the RSA.

• The IPS conducts activities in prison that have rehabilitative benefit—these include education, schooling, vocational training, rehabilitation treatments, and the therapeutic groups mentioned above. In addition, there are eight female prisoners in Neve Tirza's rehabilitative wing who are employed outside of the prison's walls. • In general, the PRA's involvement in prison begins about six months before the prisoners' release (with the exception of the "Mothers and Their Children" project, which starts when the female prisoner is taken into prison). During this period, the PRA conducts activities such as a preparation group for life after prison, an "employment day," and the "On the Way to Freedom" project (a mentoring program for female prisoners before release). In addition, PRA representatives meet with the prisoners while they are still in prison to prepare a rehabilitation plan, either in a supervised framework or in a voluntary framework. In 2016, the PRA held 126 in-prison meetings with female prisoners.

• PRA activities following the release from prison: In 2016, 90 released female prisoners were treated by the PRA as part of a supervised rehabilitation program (44 in central Israel, 32 in the Research & Information Center [email protected] Direct Tel/Fax: 02 - 6408685 The Knesset, Jerusalem, Israel, 91950 http://knesset.gov.il/mmm/eng Office: 02 - 6408240

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north, and 14 in the south). Sixty-six female prisoners were treated within a voluntary rehabilitation framework.

• Over the past two years, expenditures for women in the PRA have decreased, from NIS 3.5 million in 2015 to NIS 2.5 million in 2016. Moreover, the proportion of the PRA's total prisoner rehabilitation budget that is allocated to rehabilitating women decreased from 11.5% in 2013–2015 to about 8% in 2016–2017. The budget decrease is reflected in a reduction in personnel and in programs for the rehabilitation of released female prisoners.

• In 2014, an inquiry committee on the treatment and rehabilitation of female prisoners by the PRA submitted its conclusions. One of the inquiry committee's recommendations, which was fully implemented, was to reduce the staff in the day center and the hostel for released female prisoners and to unify these institutions. The conclusions that were implemented in part—or not at all—included steps to expand the employment support system, the scope of rehabilitation in the community, and designated groups in the welfare department, as well as a recommendation to involve the social services departments in the local authorities in the rehabilitation of female prisoners.

Written by Dr. Nurit Yachimovich-Cohen Approved by: Orly Almagor-Lotan, Team Leader

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