Comparison

August 17Th 2020 Written by: Ido Avgar | Approved by: Orly Almagor-Lotan

Aspects of Authorities' Preparations for the Release of Inmates Incarcerated for Domestic Violence Offenses—Abstract

Mastwal Alaza was murdered on April 28th 2020; her husband, Mandparo Alaza, has been accused of the murder, which took place several weeks after he was released from prison, having served a sentence for previous violent offenses against her. At the meeting of the Knesset Special Committee on Welfare and Labor Affairs held on May 3, 2020, questions were raised regarding the notification of the police and welfare services of Alaza's release from prison and about the steps the authorities had taken to ensure he received treatment after his release.1 This document is submitted to the Committee on the Status of Women and Gender Equality, chaired by Knesset Member Oded Forer further to the questions asked at the meeting. It focuses on the treatment of inmates imprisoned for domestic violence offenses (hereinafter also "DV offenders") during and after incarceration, the assessment of the degree of danger posed by them to victims of the crime (risk assessment), and existing mechanisms for reporting the release of DV offenders to allow authorities and victims to prepare for their return home.

These are the main findings of the document:

 DV offenses are unique, because the relationship between the offender and the victim of the offense often continues to exist by virtue of their family ties. Therefore, the mere incarceration of the offender is not enough to protect the victim in the long term, and the authorities must give special treatment to DV offenders and the victim's family members in order to clarify, among other things, the extent of the danger that the offender's release poses to the victims of the crime.  According to data from the Israel Prison Service (hereinafter, "IPS"), in 2019, 917 inmates who had been incarcerated for DV offenses were released from prison , as were 554 inmates with a

1 23rd Knesset, Special Committee on Welfare and Labor, Minutes No. 16, Pandemic of Domestic Violence in the Shadow of the COVID-19 Crisis—Murder of Four Women Since the Beginning of the Crisis—Emergency Discussion, May 3rd 2020.

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2 | Aspects of Authorities' Preparations for the Release of Inmates Incarcerated for Domestic Violence Offenses—Abstract

"domestic violence profile"—inmates whose current incarceration is not for DV offenses, but who were found to pose a potential threat to their families.  The vast majority of criminal inmates, including DV offenders, do not serve the full term of their sentence. Some 83% of DV offenders and inmates with a domestic violence profile who were released in 2019 left prison on administrative release; in the case of people sentenced to less than four years in prison, such a step does not depend on the nature of the offense or the degree of risk posed by the inmate. Only 5% were granted early parole on probation, after having received a professional opinion that the degree of danger posed by their release was low.  Two-thirds of the domestic violence offenders released in 2019 had served up to a year in prison; they are not included in a dedicated treatment process for DV offenders, but rather in preliminary treatment groups that take place in prison wings, in individual treatment, and in pre- treatment. Inmates serving a sentence of over one year are supposed to be integrated, as much as possible, into dedicated treatment processes for DV offenders: therapeutic wards, group treatment, or individual treatment. From the data provided to us, one can learn that several hundred inmates underwent dedicated domestic violence treatment in 2019, but the data do not indicate how many of the inmates released that year underwent a dedicated rehabilitation process before their release. Inmates with a domestic violence profile are supposed to be treated in the same manner as DV offenders, but the IPS did not provide any data that could indicate how many inmates with a domestic violence profile received dedicated treatment prior to their release.  The four regional Committees for Domestic Violence Offenders and their Families are joint committees of the IPS and the Ministry of Social Affairs that are responsible for evaluating DV prisoners' risk level and overseeing their course of treatment. In 2019, these four committees held 1,750 different hearings on 1,500 cases of inmates who were imprisoned due to domestic violence offenses or who have domestic violence profiles. The hearings are meant to take place at various points throughout the period of incarceration; however, when the incarceration is for less than a year, often only one hearing takes place regarding the inmate. According to the Ministry of Social Affairs, all the hearings also address the level of danger that the inmate poses towards the crime victims and the family members.  The Ministry of Social Affairs does not have data on the DV offenders who were released from prison broken down by the level of danger assigned to them. However, in about 90% of the hearings on early parole that took place in 2019 in advance of the date on which the offender would complete two-thirds of the sentence and would be eligible for parole, the committee decided not to recommend parole because the inmate was assigned a risk level of medium or higher.

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3 | Aspects of Authorities' Preparations for the Release of Inmates Incarcerated for Domestic Violence Offenses—Abstract

 DV offenders who are released after serving their full sentence (including those with a sentence of up to four years in prison who are granted administrative release) do not have any obligations following their release—including treatment programs. Therefore, their participation in treatment is dependent on their willingness to accept treatment. Moreover, due to the high risk level posed by most DV offenders, only a few are released early with an obligatory rehabilitation program under the supervision of the Prisoner Rehabilitation Authority.  As mentioned, data from the relevant authorities indicate that most DV offenders are released into the community without any supervision or restrictive conditions—even if they pose a high level of danger. Therefore, it is of the utmost importance that the welfare services, the police, and the victims of the crime be updated when the inmate is released and receive the relevant information about him.  According to the responses from the relevant authorities, the welfare services in the inmate's hometown are informed of the date on which the inmate may be entitled to early parole, the date on which he may be entitled to administrative release, and the date he would be fully released. An additional update is sent prior to the actual release; this is accompanied by the results of the risk assessment—if one has been conducted. There is no dedicated procedure that governs the treatment of DV offenders after their release from prison, and we do not have information on the steps taken following the receipt of aforementioned information. However, the Ministry of Social Affairs said that community welfare officials are expected to hold a meeting to formulate a protection and treatment plan and such meetings indeed take place, to the best of their knowledge. When the victims of the crime are treated in the community, a community social worker maintains continuous contact with them and updates them on the arrangement that applies to the inmate and the possible consequences of this arrangement for their safety, including as regards furloughs and release.  According to the response from the Israel Police, the IPS uses a computerized interface to report to the police on inmates who are expected to be released—including on conditional early parole and through administrative release. The police periodically retrieves information regarding these inmates, and the information is processed and evaluated. We do not have information on how often this information is retrieved, and we have not found any reference to the IPS updating the police regarding how dangerous the inmate is. The police response did not specify the preparations it makes for the inmate's return to the community.  The Procedure for Improving Coordination between the Welfare Authorities and the Police, which is intended to improve the authorities' handling of DV incidents, especially in cases of women who are victims of violence and are at high risk. We do not have information as to whether, as part of the implementation of this procedure, the need to update the risk assessment of the inmate's spouse is examined following the report from IPS regarding the release of a DV offender. The

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4 | Aspects of Authorities' Preparations for the Release of Inmates Incarcerated for Domestic Violence Offenses—Abstract

Israel Police stated that it did not have data on the number of women whose spouses were released from prison for DV offenses and whose case was discussed in the context of the implementation of this procedure.  Crime victims who choose to do so are entitled to receive information about the course of the imprisonment of the person convicted of harming them—including his release from prison— through an online system called the Crime Victim Information System (hereinafter referred to by the Hebrew acronym "MENA" [literally, "prevention"]). New information entered into the system by the IPS will cause an automatic alert to be sent to the victim notifying them of an update in the system. However, the update and the alert are not immediate, and only take place once a day. At the moment, the MENA system only operates in Hebrew.  The MENA system includes information regarding the inmate's expected release date and the date of his eligibility to request a furlough or be released on early parole. We received conflicting answers from the Israel Police and the IPS regarding whether the system holds information about the date on which the inmate may be entitled to an administrative release. While the IPS stated that the date of eligibility for administrative release is transferred to the MENA system, the police, which operates the MENA system in practice, stated that this information is not found in the system.  Sometimes, an inmate is granted parole on the same day of his hearing before the Parole Board. In such cases, because the information is not updated in the system in real time, notice of the inmate's release will be sent to the victims only after the actual release. The Knesset Research and Information Center made inquiries on this matter to the Office of the Minister of Internal Security. The ministry stated that in light of the responses to the inquiry from the IPS and Israel Police, the Minister had directed the immediate examination of the possibility of updating the victim of an offense immediately after a parole board decision—including by a direct phone update from a representative of one of the entities on the parole board. This examination processes should be completed in the coming days.  The MENA system is updated regarding the actual release of an inmate only after he is released; because the IPS systems are updated when the inmate leaves the prison, the change can be viewed in the MENA system only the next morning. This issue is particularly relevant with regard to administrative release, as decisions on the subject are implemented immediately in accordance with the daily count of inmates; as no information on eligibility dates is in the system, according to the police; and as eligibility for administrative release does not depend on the level of danger the inmate poses.  In conclusion, information on the release of a DV offender is transferred through several channels and interfaces, but it remains unclear whether all the relevant parties receive all the information

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5 | Aspects of Authorities' Preparations for the Release of Inmates Incarcerated for Domestic Violence Offenses—Abstract

necessary to ensure the safety of crime victims. In addition, it appears that not in all cases is the information transferred within a timeframe that would allow for proper preparations.

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