Women, Integration and Prison: An Analysis of the Processes of Socio-Labour Integration of Women Prisoners in Europe (MIP)

WORK PACKAGE 5

“Efficiency of Socio-Labour Insertion Measures”

Hungarian Country Report

Prepared by

The Central European University team

February, 2005 Budapest

1. Contents 2

2. Introduction 3 2.1. Problems 2.1. Causes 3. Measures implemented in the area of Housing 5 3.0. Introduction 3.1. Existing measures 3.2. Analysis of each measure 3.3. Summary of the existing problems 4. Measures implemented in the area of Health 11 4.0. Introduction 4.1. Existing measures 4.2. Analysis of each measure 4.3. Summary of the existing problems 5. Measures implemented in the area of Education 18 5.0. Introduction 5.1. Existing measures 5.2. Analysis of each measure 5.3. Summary of the existing problems 6. Measures implemented in the area of Work 26 6.0. Introduction 6.1. Existing measures 6.2. Analysis of each measure 6.3. Summary of the existing problems 7. Measures implemented in Family and Social Relations 35 7.0. Introduction 7.1. Existing measures 7.2. Analysis of each measure 7.3. Summary of the existing problems 8. Measures implemented in Drug and Alcohol Abuse 43 8.0. Introduction 8.1. Existing measures 8.2. Analysis of each measure 8.3. Summary of the existing problems 9. Measures implemented in the area of Economic Resources 47 9.0. Introduction 9.1. Existing measures 9.2. Analysis of each measure 9.3. Summary of the existing problems 10. Conclusions 55

2

2. Introduction: The National Context in Hungary

There are two important elements of the Hungarian context that have decisively shaped the MIP research on the reintegration of women prisoners after release: the lack of previous policy research on this topic, and the major and ongoing transformation of the institutional setting. Both enabled and encouraged the research. The availability of relevant, policy-focused research both on reintegration after prison, as well as research on women prisoners was extremely limited. The few important studies on prisons and prisoners in the 1990-ies were sociologically focused and offered some data and insight into prison life, however, these were exclusively or largely based on men’s prisons and did not address reintegration1. Finally in 2001, the first study on women prisoners2 was published, which offered basic data on women prisoners, and also on the three penitentiary facilities3 for women inmates in Hungary – and drew attention for the first time to the relevance of domestic violence in the lives of women prisoners. The other important research that provided the basis for our research as a source of secondary data, was a major study accomplished by the Hungarian Helsinki Committee4 during their Prison Monitoring Program. Their book was published in 2002 with rich survey data on legislation and aspects of prison life that featured as important for reintegration, e.g. on work and education in prisons. Based on such previous research and statistical data we found the following: -The ratio of recidivists among women inmates is about 25%-30%, significantly less than among men (47-50%) -Women inmates as a group suffered from several deprivations, especially low level of education and lack of profession was very common among them. About 1/3 of women in the above-mentioned survey suffered from domestic violence. -Overcrowding was found to be a problem in all penitentiaries, influencing living conditions and access to reintegration-related activities. The MIP research was carried out at a time when the institutional setting was characterized by significant transformations, both within the penitentiary system and in its environment. The single most decisive institutional change was marked in July 2003 by the setup of the Probation Officers’ Service. Formerly, probation officers (for adult convicts) worked at the County Courts, while probation officers for under-age convicts worked in yet another

1László Huszár: ”…és bűnhődés: A magyar börtönlakók szociológiai vizsgálata”, Kandidátusi értekezés, 1997. Dr. Póczik Szilveszter: ”Magyar és cigány bűnelkövetők a börtönben – egy kutatás tapasztalatai”, Kutatási beszámoló és munkaanyag, Országos Kriminológiai Intézet, Budapest, 1999. 2 Lenke Fehér and Parti Katalin ”Nők a börtönben”, Kriminológiai Tanulmányok 39, 2002. 3 Our research included all three sites: Eger, Kalocsa and Mélykút. The report includes frequent references to all sites. 4 András Kádár, Kőszeg Ferenc (eds.), Double Standard: Prison Conditions in Hungary, Hungarian Helsinki Committee, Budapest, 2002

3

organizational arrangement. With the creation of a national organization, the institutionalization and professionalisation of their work, the importance of reintegration was emphasized. The institutional change followed and reflected a change in legislation: a gradual move towards alternative methods in legislation started to take shape, and manifested in e.g. giving more authority to probation officers already at the courtrooms. Legislation concerning penitentiaries was also put on the agenda, since the Penitentiary Decree from 19795 became increasingly obsolete. The draft bill is currently being discussed by experts – many agents referred to the draft in the interviews as well. Since the draft law has not been finalized yet, and certainly has not been implemented yet, it will not be discussed in our report. The internal changes in the National Penitentiary Administration (NPA) or in various penitentiary institutes received less attention and remained less visible. Our research noted a gradual opening up towards NGO-s, (also towards the media), cooperation with other European penitentiaries and internal differentiation between institutes started to emerge from the once homogenous image. Above all, reintegration – sometimes referred to as resocialization – became an often-emphasized priority for the penitentiary system. With Hungary’s recent membership in the European Union, access to structural funds has opened up new resources. These resources are available above all for partnerships – another motivation for opening up and co-operation. Both of the above factors made our research especially relevant. Both the NPA and the women’s facilities we contacted were supportive of the research and expressed an interest in using its future results. The recently formed Probation Officers’s Service was especially open to receive any research findings on reintegration of ex-inmates, since they lacked previous measurement or feedback. The few NGO-s active in reintegration were eager to share their experiences with us. However, the frequent changes and lack of institutionalized solutions also meant that state agencies had little ready data on the cost or efficiency of measures – as a matter of fact, were at best working towards setting up systems (e.g. centralized computer systems, registration systems, etc). Given our national context, the Hungarian report relies largely on interview data both with the women6 and with the agents7, as well as on other data collected during fieldwork.

While the current report focuses on the various policy fields related to the reintegration of ex-prisoners, another report, the “National Report” summarizes the findings of our fieldwork closely built on women’s experiences and follows the research hypothesis of the MIP research project. 5 Throughout the report we will refer to the two decrees that constitute currently the basis of the operation of penitentiaries: 1979/11. Law-Level Decree (referred to as Penitentiary Code) and 1996/ 6. Regulation of the Minister of Justice (referred to as Penitentiary Rules). 6 In the three women’s facilities we interviewed 20 women prior to their release, and we managed to follow-up 17 of them 4-6 weeks later for a second interview, and about 4 months after release for a third interview. About 9 months after release we interviewed 15 of the women for the fourth time. 7 Interviews were conducted with 27 agents (during 22 interviews) and included penitentiary wards, educators, a prison psychologist, managers of women’s units, department leaders at the NPA, executives at NPA, a penitentiary judge, executives at the Probation Officers’ Service, and several NGO-s.

4

3. Housing 3.0. Introduction and background based on previous research Prisons in Hungary do not have legal responsibility to ensure that inmates can maintain their existing housing conditions during imprisonment or to ensure housing arrangements after the release. While prisons are not explicitly obliged by regulations to organize housing arrangements, as part of the inmates’ preparation for release, prisons are expected to assist the inmate in preparing for release. The recently reorganized national Probation Officers’ Service (POS) is the other state authority with a responsibility in supporting ex-inmates, however, probation officers do not have to provide housing for released inmates either. Previous research by the Hungarian Helsinki Committee8 indicated that educators in Hungarian prisons are not able to fulfil the role of developmental supervision as defined by law. The survey found that inmates were not aware that every released inmate is entitled to rely on the aftercare services offered by probation officers. Thus we expected to find that inmates often leave the prison with no specific housing arrangements. We expected to find lacking or poor assistance from the state actors, missing institutional solutions (e.g. no half-way houses) and modest involvement of NGO-s – ultimately no support for the released inmates. The first section of the report will cover women’s experiences and agent’s opinions on housing and also on the general preparation for release. In the second part of this section the report will focus specifically on the housing situation. 3.1. Existing measures Developmental Supervision and Preparation for Release by Prison Inmates should receive developmental supervision in prison throughout their imprisonment. The developmental supervision aims at – as declared by § 38 of the Penitentiary Code – maintaining and developing prisoners’ sense of self-evaluation, self-worth, and ability for social reintegration. As part of this process, it is advised by law that attention should be paid to getting to know the prisoners’ personality, offering training and education as well as rehabilitation and leisure programs, also supporting them in maintaining family and social ties (§ 39-40). It is mainly the supervisor (the so-called ‘educator’) who is responsible for coordinating the above tasks, from the moment the inmate arrives to the prison. It is also the supervisor who writes evaluations about the inmate’s progress or changes while in prison, and may ask for changes in her placement as well. The educator handles the correspondence as well and is supposed to help prepare inmates for integration after release. Developmental supervision is defined in more detail by § 68-72 of the Penitentiary Rules. The educator leads the process of getting to know the prisoner’s life path, motives, social background, interests, network of family and friends, education, work experience and plans for the future. Health, pedagogical, work ability testing and – on condition that the prisoner agrees to it – psychological testing helps to better understand the prisoner’s personality, plans 8 András Kádár, Ferenc Kőszeg (eds.), Double Standard: Prison Conditions in Hungary, Hungarian Helsinki Committee, Budapest, 2002. page 119.

5

for the stay in prison and afterwards, as well as means and methods that best fit her/him. The educator prepares evaluations about the prisoner and makes proposals regarding placement to various security groups and regarding work assignments. In case of inmates who are imprisoned for at least one year, a developmental plan should be drafted. The work of the educator also includes preparing inmates for release, and if necessary, finding solutions for housing, employment and other areas. As specified by Order No. 0116/1998 of the National Commander, “educators shall call on the inmate in due time - but not later than 6 months before expected release – in the course of individual meetings to take the necessary measures for ensuring his/her livelihood”9. Aftercare by Parole Officers A section on ‘aftercare of inmates’ in § 113-115 of the Penitentiary Code addresses the role of the penitentiary agents and probation officers in housing matters. The regulation states that the objective of aftercare is to assist the reintegration of inmates into society. The inmate may ask for help in arranging housing, work, healthcare and education. Aftercare is provided by the probation officer. Probation officers co-operate with local governments, charity and non-governmental organizations in their efforts. The penitentiary institute should determine where and how the inmate plans to live and work and facilitate the process of making the necessary arrangements. This entails listening to the inmate and – if deemed necessary – contacting the future probation officer so that he/she may help the inmate. The future probation officer may visit the inmate in the penitentiary and may advise him/ her on the issues concerned. The probation officer may help the inmate in arranging accommodation and work, and – if necessary – in re-establishing family contacts. Furthermore, as stated by § 196 of the Penitentiary Rules, from six months prior to release, the probation officer gives information to inmates about the release. If the inmate asks for it, the probation officer is available for giving advice. In addition, the inmate may ask directly for help with finding appropriate accommodation either from probation officers, charitable organizations, or other institutions entitled to help. For inmates who do not have a job or accommodation, it should be encouraged that they work with employers that offer accommodation, according to § 197 of the Penitentiary Rules. In case of inmates who are homeless, unable to work and whose family is not going to take care of them, the penitentiary should contact the probation officer in order to make arrangements with the appropriate social institutions. In summary, according to the law, aftercare is provided by probation officers in the form of advising and ‘helping’ ex-inmates in making the necessary arrangements for housing, work etc. The penitentiary’s main role is to facilitate the work of the probation officer in the penitentiary, starting from 6 months prior to release. At the same time, through the work of educators, the penitentiary is considered to be responsible generally for developmental

9 András Kádár, Ferenc Kőszeg (eds.), Double Standard: Prison Conditions in Hungary, Hungarian Helsinki Committee, Budapest, 2002., page 118.

6

supervision and specifically for preparation for release. And yet again, ultimately it is the inmate’s responsibility to make arrangements and seek help with housing and other problems before and after their release. 3.2. Analysis of measures Developmental Supervision and Preparation for Release by Prison Although educators’ job includes the inmate’s preparation for release, our research found that no appropriate preparation for release took place in the great majority of cases. Most often, preparation was limited to asking the women about their plans for housing and other issues, and to organizing information sessions with probation officers. Only in one of the three facilities, in Eger did the prison organize a training session on preparation for release, which the women found very useful in drawing up plans. The workload of educators makes individual attention to inmates very difficult, if not impossible. With some variation among the three facilities, on average educators are responsible for 60-80 inmates. Due to the heavy administrative load, which both the agents and interviewed women confirmed, their job is limited to that of a ‘social administrator’, or ‘postman’ which refers to the delivery of letters as their first and foremost duty. In short, it is a broadly accepted view among penitentiary agents that educators do not have sufficient capacity to pay attention to individual inmates. The lack of individual attention to inmates was found to be one of the most critical problems and barriers to efficient work in prisons. Administrative limitations further discourage educators from direct involvement in arranging housing or other issues for inmates. We found that educators are not entitled to have direct correspondence with authorities involved in the reintegration process, as all such outgoing letters have to be approved by the prison director. One agent referred to this factor as a major obstacle to educators’ willingness in assisting inmates. The interviewed women did not receive assistance with solving housing problems from the prison administration during their imprisonment, although it must be noted that many of the women did not approach educators for such support. Agents perceived housing to be one of the biggest difficulties women face after their release. However, most agents who work in prison considered the solving of such difficulties to be the job of probation officers and other authorities. They repeatedly emphasized that the prison’s authority ends at the prison’s door – indicating that the prison does not have a primary responsibility for solving housing or other problems that occur after release. Agents in prison believed that their main role is to improve co-operation with probation officers, who in turn would assist inmates in solving their difficulties. In one case we witnessed that the director of a women’s prison assisted in finding a place in a mothers’ shelter for a woman to be released and her child. Thus the possibility of such actions depends partly on the willingness of the prison administration to help. All in all, based on the interviews with the women it can be stated that in the current system inmates are expected to solve their housing problems on their own.

7

During the interviews a few weeks prior to release, women talked about their plans: the overwhelming majority wanted to return to their previous accommodation with family members, even if they believed the conditions for living together were not appropriate. A few women planned to stay with friends temporarily but had no clear plans on what should follow. One person arranged through the prison priest that she would stay in the home of a religious volunteer. None of the interviewed women expected to be homeless or rely on homeless shelters, or NGO’s services, even if they actually did become homeless10. Aftercare by Probation Officers We found that a general presentation by a probation officer was organized in the penitentiaries to groups of women inmates prior to their release. Probation officers addressed general issues about life after release, however, due to the general and group nature of such presentation, individual problems were not addressed. Moreover, the probation officer providing the presentation is not the same probation officer who would later be responsible for the ex-inmate. Only in one of the three facilities, in Eger, was it ensured that the future probation officer meets the inmate while in the penitentiary – due to Eger’s regional recruitment practice. The other two facilities house inmates from all over the country, which makes such meetings impossible. The interviewed probation officers also confirmed that the legislation and actual practice in inmates’ preparation for release has left the division of duties between educators and probation officers open for interpretation. However, due to the recent changes, among others, the set-up of the Probation Officer’s Service (POS), cooperation between penitentiaries and the probation service has intensified over the past few months and produced several results both at the level of legislation and practice. A regulation is being drafted on the cooperation between the two organizations, and on the specific tasks probation officers are expected to fulfil in prisons. Agreements for cooperation have been signed between specific penitentiaries and the corresponding sections of the POS. One of the outcomes hoped for is that the probation officers would get better and timely access to information on released inmates from the penitentiaries. It must be noted that the strengthening cooperation between prisons and penitentiaries is likely to be driven by and towards a more active role of probation officers in the preparation for reintegration. Even if the POS develops and recruits more probation officers to ease the current workload (100 people for every officer), they will still primarily focus on those who are assigned to be monitored by probation officers. Thus, inmates who voluntarily approach probation officers for help, will remain not to be the main priority. Agents at the POS confirmed that housing is a key, currently unresolved problem after release11. On the short term, the POS wants to encourage co-operation with the existing network of homeless shelters. The POS has recognized the need for such co-operation and are

10 As one woman reported, while she was serving her prison sentence for the murder of her abusive husband, her brother-in-law went to court and won a lawsuit against her, so she lost the house. She did not manage to attend the court hearing of the case, and could only react in letters to the events. Not only did she lose the house, but she had to pay the costs of the procedure. She received no help in dealing with the court case. 11 Several agents mentioned that prior to the democratic transition, a system of workers’ hostels in large state-owned enterprises provided a solution for the immediate integration of ex-prisoners, through giving them work and accommodation at the same time.

8

planning to enter agreements with homeless shelters systematically so that a certain number of beds in homeless shelters would be reserved for ex-prisoners. It is hoped that through such agreements ex-prisoners would have access to better service in the shelters. Agents stated that on the longer term some version of halfway houses would be set-up. However, the policy for the establishment of such halfway houses has not been finalized yet. A basic conceptual question is yet to be answered: whether halfway houses would be part of the ‘sentence’ by the general attorney – thus not voluntary - or fully voluntary institutions. In the interviews conducted after their release, the women considered monthly meetings with probation officers12 as part of their penalty and were aware of the authority of probation officers to send them back to prison. Most women did not consider such meetings useful, described them as interrogations by the probation officers. Even if several women became homeless after their release, none of these situations was resolved by the involvement of probation officers. Women in crisis situations, who became homeless because of having been rejected by their families, did not even consider turning to probation officers or other state agents for help. The women also refused to go to homeless shelters, as they had a very negative opinion about shelters. Although there is a homeless shelter system13 in Hungary, women were most reluctant to use it. For released women who do not have children with them, these shelters would be the only solution in a crisis. However, such shelters are regarded as a last resort by ex-inmates themselves, which they try to avoid at all costs. One of the interviewed women spent two days walking on the streets of Budapest, yet still refused to go to a homeless shelter. Two other women whose family ties were disrupted, were forced to take on housekeeping jobs to secure accommodation and work. Both accepted a housekeeping job in a single man’s house, and both were sexually harassed within days and had to run away. Importantly, they did not turn to homeless shelters or state agents for help even in such situations. Although there are no halfway houses currently in Hungary, a few transitional homes provide accommodation and work. These homes are run by religious associations and are not specifically for women ex-inmates. Although most of the agents working in prisons appraised these facilities positively, the interviewed women had mixed views about them based on rumors from fellow inmates. During the research we visited two transitional homes. We found that such homes can effectively support ex-inmates’ reintegration only if they provide social worker help in addition to accommodation and work opportunities. Also, the very limited capacity of the few homes does not correspond to the real number of ex-inmates acutely in need of housing

12 Most women had to report to parole officers, as ordered by the penitentiary judge. It is customary to order parole officers for people on early (conditional) release, recidivists, or people who committed serious crime/ had long sentences. 13 According to data from the Ministry of Health, Social and Family Affairs, there are around 30-35000 homeless people in Hungary, but only 8000 beds available for them in homeless shelters. Although municipalities have the duty to provide homeless people with shelter, this is not fully realized and the existing shelters receive poor financial support. (http://www.eszcsm.hu/eszcsm/eszcsm.head.page?pid=DA_11116)

9

solutions. Especially women inmates are disadvantaged, in the absence of any facility for women. There is only one facility which offers room for women14 along with men. Mothers with children in need of housing can turn to mothers’ shelters or transitional homes for families15. Although municipalities have to maintain such shelters, there is a rather small network of them in the country. Single women without children are not accepted to mothers’ shelters, nor are mothers whose children are still in social care or have not been ‘regained’ by their mothers immediately after imprisonment. Thus women, in the absence of other solutions, stay with family members, their old or new partners, or friends. If they absolutely cannot do that, they are forced to enter risky solutions – e.g. housekeeping jobs – in which they can be exploited and harassed. Yet, based on this research we may conclude that they would not go to homeless shelters under any circumstances. 3.3. Summary of the existing problems Agents agree that one of the most pressing problems ex-inmates have to face after their release is provided by inadequate housing opportunities. The penitentiary system does not consider it to be their responsibility to solve housing problems, while the newly organized POS has other priorities in the short term. The solution of housing problems is presently seen in the system of homeless shelters. However, women in our research clearly refused to even consider homeless shelters as a solution. The problem is gendered in so far as existing NGO solutions/ shelters can be used either mainly by men or by women as mothers with children. For the group of women whose ties with their family and children have been broken, and who are therefore the most likely not to have proper housing, the present system offers no solution. At present, as most agents and the interviewed women also agreed, it depends on the individual’s family relations and economic situation whether she has somewhere to return to after release.

14The farm offers accommodation and work for homeless ex-inmates released after long sentences, among them 2 women. It provides agricultural work and accommodation, but has strict, prison-like regulations. It provides no social work or therapy, no access to people or organizations – since it is literally in the middle of a large field faraway from cities - thus resocialization is made impossible by complete isolation. 15 However, the regulations of these shelters are problematic, as they can only be used by women who have their children with them, if the child is still under age.

10

4. Health 4.0. Introduction and background based on previous research 4.1. Existing measures According to § 36 (1) of the Penitentiary Code, during their imprisonment inmates are entitled to “healthy accommodation satisfying hygienic requirements, and meals and health care satisfying his/her medical conditions and activities carried out during the execution of the imprisonment”. Further detailed regulations are provided by the Penitentiary Medical Rules16, and the joint regulation 30/2003 of the Ministry of Health, Social and Family Affairs and the Ministry of Justice, which provides legal guarantee for fulfilling the relevant public health requirements of the European Union. Upon arrival to the penitentiary, within 72 hours inmates undergo a medical examination by the penitentiary physician in order to record the inmate’s general medical condition, physical status and medical history. The ability of the inmate to take up work assignments is also determined by this examination. After reception, inmates also have to meet the psychologist. Health care in penitentiaries is either provided by doctors on-site, or by a general practitioner during regular visiting hours. Some institutions also have an on-duty psychologist, and service by other medical professionals, such as dentists and gynecologists, is provided during their visiting hours. Inmates then may signal their health problem to the physician by placing a written request. When emergency medical treatment is needed, the doctor of the penitentiary or the competent general practitioner treats the patient, if urgent treatment by a specialist or hospital treatment is necessary, the inmate is taken to the central hospital of the penitentiary system in Tököl or in special cases to the nearest hospital. Inmates in need of treatment and medication are provided free of charge, and they may get permission to keep medicines with themselves – with the exception of sleeping pills and sedative drugs. However, inmates are not allowed to handle or distribute medication.17 If a prisoner has mental health problems, she may turn to a psychologist if there is one available at the institution. In critical cases, she is examined and may be treated in the Forensic Observation and Mental Institute (IMEI) situated in Budapest. Understanding the prisoner's personality is part of developmental supervision18, as defined in detail by § 68-72 of the Penitentiary Rules. The educator leads the process of getting to know the prisoner’s life path, motives, social background, interests, network of family and friends, education, work experience and plans for the future. Health, pedagogical, work ability testing and – on condition that the prisoner agrees to it – psychological testing helps to better understand the prisoner’s personality, plans for the stay in prison and afterwards, as well as means and methods that best fit her/him. The educator prepares evaluations about the prisoner and makes proposals regarding placement to various security groups and regarding work

16 Decree 5/1998 of the Ministry of Justice. 17 We met several women during the interviews who helped the nurses in distributing drugs. 18 Further details on developmental supervision are included in section 3 on Housing.

11

assignments. In case of inmates who are imprisoned for at least one year, a developmental plan should be drafted. The rights of pregnant women and mothers with new-born babies are further specified by § 36 (4) of the Penitentiary Code, in that “their rights guaranteed otherwise, in protection of her health and serving the child's development, must not be infringed. If the delivery of a child takes place during the time of imprisonment, the newborn child has to be permitted to live together with the mother, and in special cases a child may be permitted to stay with the mother up to his/her first birthday.”19 It is worth noting that, the few such special regulations regarding women in the Penitentiary Code and Rules, are focused mainly in the area of health and hygiene. Legislation also specifies hygienic conditions and the quality of meals. For inmates a hot shower should be guaranteed once a week, but women should have access to warm water in between showers as well20. According to the regulations, prisons should provide food for inmates at least three times a day, one of which should be a hot meal21. Moreover, space for outdoor physical exercise should be provided by penitentiary institutions, and a daily one hour walk must be ensured22. Prior to their release, inmates may ask assistance from probation officers in obtaining and/or continuing proper medical treatment.23 4.2. Analysis of measures Previous research24 According to the Helsinki Report, timely access to a physician is not always provided, mainly because educators and guards – that is non-medical personnel – decide whether to permit access to a physician. The medical staff of penitentiaries was found to be overloaded due to a high number of unfilled positions. The treatment of drug addicts25 was not regulated appropriately. However, the report appraised positively the level of medical treatment and asserted that inmates receive healthcare corresponding to the quality of service provided outside the penitentiary system. However, regarding general hygienic conditions, the quality of food and opportunities for physical exercise, the Helsinki Report discovered serious deficiencies. The requirement of one hot shower per week was not properly implemented, as hot water supplies were insufficient and bathroom equipment was often found to be in inappropriate condition. The quality of food was also criticized by the Report: especially hot meals provided by the prison were found to be ‘inedible’ by the majority of inmates, and they reported the scarcity of fresh vegetables and fruits, as these cannot even be brought in by visitors or in packages. Opportunities for sports were found to be especially scarce by the

19 Further details on the mother-child facility are included in section 7 on Family and Social Relations. 20 § 151 (2) of the Penitentiary Rules. 21 § 147 of the Penitentiary Rules. 22 § 146 (1) of the Penitentiary Rules. 23 Further details on aftercare are to be found in section 3 on Housing. 24 Based on the chapter of the Helsinki Report on health care (András Kádár, Ferenc Kőszeg (eds.), Double standard: Prison Conditions in Hungary, Hungarian Helsinki Committee, Budapest, 2002. pp. 77-97). 25 Drug-related topics will be addressed in a separate section.

12

Report, although regular exercise would also contribute to the better health condition of inmates. Our research findings: 4.2.a. Measures in physical health care Medical care provided by prisons is not satisfactory in that it does not sufficiently help maintain the health of inmates. The problem was found to lie not so much in the expertise as in the attitude of medical personnel towards the problems of inmates, and in the dramatic lack of physical exercise. Although for some inmates the presence of medical care in prisons meant an improvement compared to their previous situation, the research also exposed cases of medical malpractice that caused permanent health damage. Agents working in prisons characterized medical services as satisfactory, although, as with all services provided by prisons, they criticized the scarcity of financial resources available to maintain an adequate health service. One agent, however, also remarked that the physician of the institution did not carry out screenings with sufficient regularity. The experiences of interviewed women about medical service in prisons varied significantly. The majority of women were satisfied with medical care provided in prisons. Medical personnel is generally present at the indicated times, and regular screenings are organized for the inmates. For some inmates, health care received in prison turned out to be more positive than what they had received previously. Objectives specified in the legislation are thus largely carried out in practice. One of the three institutions, Eger was characterized markedly positively, since inmates found that access to a physician was unproblematic; acute health problems, e.g. kidney ailments were treated adequately, inmates received medication promptly when they needed it - even in the evenings - and the physician was informative towards patients. Yet according to some women, medical services in the other two prisons deserved criticism mainly because of the attitude of the medical personnel towards inmates. These institutions got mixed evaluations. Some of the women reported that they received the medication and treatment they needed, and even in serious cases, e.g. asthma or pancreas inflammation, they were treated efficiently. Yet, others complained that they had not got even basic medication, such as painkillers against menstrual pain, on demand. A number of women also criticized the neglectful attitude of the physician, who had made decisions on whether they needed medication without examining them. The above differences between opinions signal that physicians in those two institutions do not handle every inmate with the same care, which may be caused only partly by their large workload. Attitude and overload problems therefore may lead to unequal access to medical treatment. A case of medical malpractice, which caused permanent health damage, also came to light during the present research. One of the interviewed women had started her sentence without having health problems. While in prison, she experienced several circulatory problems, which were registered by the prison physician only when the symptoms were serious and she had to be taken to the central penitentiary hospital in Tököl. In the central hospital she was treated

13

with blood density problems as well as a heart attack. In contrast to the adequate treatment she reported to have received in Tököl, she experienced neglectful treatment by the prison doctor several times: he repeatedly ignored her justified request for an examination, and he gave her the wrong medication, which had to be changed following a request from the central hospital. Although it was brought to her attention that she could sue the doctor for medical malpractice, she failed to do so while in prison, which she later regretted. The above case is especially critical as the lack of adequate medical treatment caused permanent damage to her health. She also criticized the lack of information about how to continue her treatment after release. The fact that serious health problems can be left untreated by the prison doctor raises serious concern about the level of medical service in that institution. Other conditions which may help maintain the physical health of inmates were also found problematic by the present research. Hygienic conditions were reported to be unsatisfactory by many of the interviewed women. They complained about scarce bathing facilities, as in one prison the showers had been under repair for several months. The most critical issue however, has been in one of the prisons the practice that toilets are only separated by a curtain in some of the cells. All women who lived in such cells were very critical about this and the agents at that penitentiary were aware of the issue. Some women also addressed the problem of inadequate heating. Agents agreed with these problems. Many of the listed problems are directly linked with overcrowding and the lack of resources to renovate the old buildings, however, these do not adequately explain the failure to handle long-known problems as that of the lack of separation of toilets. As for the food, most of the women found it flavorless and not nutritious enough, several of them had lost a lot of weight.26 They found it necessary to complement it by asking family members to send packages or through buying food at the grocery shop of the prison, open twice a month. These conditions contribute to the difficulty of maintaining good health in prison. Although outdoor exercise should be made possible by prisons, not all of the examined institutions fulfilled that requirement. In the Mélykút prison, which is situated in the middle of open fields, inmates were out in the open during agricultural work, and many spent time in the garden. Access to sport activities was provided from time to time, e.g. basketball competitions were organized in the summers. The other two institutions however, lack facilities assigned for sports activities. Both institutes have small courtyards, which served as locations for the daily 1-hour walks for inmates, however, many women reported that they did not take part in the walks. The courtyards were tiny and served as dating locations for lesbian couples which made walks unpleasant for some women. Thus many women did not have any regular physical exercise in the prison. Kalocsa is especially problematic since as a high-security prison, many inmates spend long sentences without any opportunity for physical exercise. In fact, even though the prison possesses a room with fitness equipment in it, the room had been not accessible for inmates.

26 Significant weight loss was experienced by several women during their imprisonment, however, this is partly related to psychological causes as well, rather than to the quality of food alone.

14

On the whole, health care in the examined prisons did not help maintain inmates in good health. Most of the interviewed women claimed that they had not had major health problems before starting their imprisonment, however, a lot of them developed acute illnesses while in prison. In general, health care in the examined prisons was limited to the treatment of the developed syndromes with medication. Although most inmates with diagnosed illnesses were treated adequately, in some cases insufficient medical attention resulted in serious health damage. Furthermore, other factors such as the low quality of hygiene and food, and the lack of opportunities for physical exercise, made the period of imprisonment even more damaging to the health of inmates. Continuing the required medical treatment after release is not assisted but left up to the inmates, as there is no network in place between medical care providers in this matter. One of the interviewed women who had to take 8 types of costly heart and blood medications, was released with a few days’ dose only, and in the absence of a social security card, could not continue the therapy – which resulted in a near-fatal health crisis. 4.2.b. Measures in mental health care The lack of appropriate mental hygiene services for inmates can clearly be concluded from interviews with women inmates and agents alike. The issue of overload is a very serious problem27 in this field, and it results in a rather dangerous situation in which the availability of a psychologist is merely a theoretical category – yet in fact, inmates are left alone with minor or major psychological needs. As the psychologist in Kalocsa explained, apart from a short, 10-minute quick appraisal of every incoming inmate, he focuses on two issues in his job. Firstly, he wants to avoid or minimize suicide attempts28 and thus focus on prevention or crisis intervention. Secondly, he works with a relatively small number of inmates – either with those in the newly set up drug section or in the therapy group for inmates with addiction problems, or with those who ask for a consultation with him. In this case, he aims at targeted intervention during one conversation, since there is no possibility for repeated therapy sessions. The psychologist does not address traumas related to domestic violence29. Due to such limits, most of the women who were imprisoned in Kalocsa, only met the psychologist once, at the time of their entry to prison. 27 In Kalocsa, the only psychologist cannot realistically service more than 400 women inmates. In the two other women’s facilities, there is no psychologist on site. 28 This is driven by an objective set by the Minister of Justice to reduce suicide attempts. 29 Earlier research found that about 1/3 of the women imprisoned for homicide or severe physical abuse suffered regular abuse as a child. About 1/3 of the abuse was physical and in about 50% of the cases, sexual. In 60% of the cases the target of the crime (homicide or severe physical abuse) was their husband or partner. About 50% of these women described regular physical abuse by their partner during the year or years prior to the crime. Conflicts, humiliation and emotional terror were very often mentioned by the women, only in 1/6 of the cases was emotional or physical abuse absent in the relationship. About 20% of the women were under the influence of alcohol at the time of the incident, while in more than 50% of the cases their partners suffered from alcohol consumption, many of them were addicted. (In: Dr. Lenke Fehér, dr. Parti Katalin, “Nők a börtönben”, in Kriminológiai Tanulmányok, 2002.) Domestic violence was present in the life of several women in our research as well. Three of the four women who were imprisoned for homicide in our sample, were imprisoned due to murdering (or attempting to murder) a violent man in their family, in two cases their husband and in one case, her father. Another woman imprisoned currently for robbery had been in prison about 10 years ago for attempted murder against her abusive partner.

15

Several of the interviewed women proactively sought professional help at various stages of coming to terms with either domestic violence, or with a lengthy prison sentence, or with their feelings of guilt related to their crime. (Other women, serving shorter sentences, did not mention such need or attempt.) Some of them received the requested counseling help, others did not. Typically, in order to help them cope with depression and distress, they were given anti-depressants and sedatives. For women with such problems, caused by both long-term imprisonment and the difficulties in processing a trauma of domestic violence or their crime, adequate psychological support would be needed. The phenomenon of giving sedatives to women, who are considered to be the more ‘problematic’ and ‘emotionally needy’ group among inmates, is also highly gendered. The perception of women as ‘oversensitive’ and ‘hysterical’ inmates was indeed widespread among agents at all levels and occupations within the penitentiary system. Such a simplified approach to treating psychological problems points to the lack of adequate gender-sensitive considerations about the psychological assistance of women inmates. The lack of available professional help is made even more serious by the lack of other individual attention to inmates by educators, other agents or volunteer social workers. Educators are supposed to assess the pedagogical needs of the inmates and write an educational development plan at the beginning of each inmate’s prison sentence. Their duties also include providing individual assistance to inmates and preparing them for release. Women inmates with psychological problems can only turn to educators for help, due to lack of available psychologists on site in two of the three facilities. However, educators are overburdened30, which makes adequate attention to individual needs impossible. In addition, many of them may not have the professional background to handle psychological concerns, and even more importantly, educators are in a power position and exercise authority over resources, rewards and penalties critical for inmates. Thus, educators have neither the time nor resources nor the professional qualifications, or skills, to give adequate counseling to women. Some of these needs could be addressed by social workers, NGO activists, and volunteers in prisons. Yet currently, despite the gradual opening up of penitentiary institutions, the number and activity scope of NGO-s working in this field is very modest, and is mainly limited to religious organizations.31 The variation among penitentiaries in the intensity of cooperation with NGO-s is considerable, yet even in the most active penitentiaries, training and education is perceived to be the key area for NGO involvement, rather than personal counseling or social work.

30 In the examined institutions the average case-load of educators reaches 60-80 inmates. 31 It must be noted that several agents emphasized prison priests’ role in counseling and mental hygiene services. A few women attended church service, and one woman relied on the prison priest for advise and counseling, as well as for practical help in finding accommodation after release. Apart from the priests, the presence of religious organizations is very strong and clearly leading among NGO-s. Some of these NGO-s are perceived to combine charity work with religious work - which can be rather problematic – however, other organizations emphasize the separation of the two.

16

4.3. Summary of the existing problems The main problems concerning health care provided by prisons are inter-connected by their unequal availability, differentiation and gender-sensitivity. The present research found that prisons do not provide adequate, individualized attention equally to the health condition of all inmates in all institutions. The adequacy and promptness of medical care depends not only on the available facilities but often on the personal lobbying skills of each inmate and the attitude of medical staff, as well. Cases of serious medical malpractice point to the occasional deficiency of the system. In the area of mental health care, there are serious deficiencies in all institutions. Health attention is gendered in the sense that women are given medication rather than therapy to treat their so-called emotional neediness, often rooted in traumas caused by domestic violence. Lack of therapy is certainly linked to the very limited availability of psychologists. Individual attention could be ensured by educators, yet their overload and lacking skills/ qualifications are severe barriers as well. NGO involvement is generally very modest in prison, and is especially missing in individual counseling and social work.

17

5. Education and training 5.0. Introduction and background based on previous research The importance of both general education and vocational training for women in prisons is critical given the high ratio of women with no education (5%), incomplete elementary education (20%), or elementary education only (45%). The value of even a completed elementary education is questionable without a vocational qualification or a higher general qualification – which only about 25% of women inmates possess.32 The educational level of women inmates on average is significantly worse compared to men, and especially in the very young and elder age groups specific problems, e.g. illiteracy are not uncommon.33

Elementary education used to be compulsory in prisons, even though from 1993 participation in elementary education was made voluntary, prisons and educators continued to put an emphasis on it. Similarly to elementary education, some basic form of vocational training courses had been traditionally organized in prisons, often linked to the type of employment available in the penitentiary. However, the emergence of other forms of education (secondary education, higher education) and more up-to-date and diversified vocational training is rather recent and is linked to new initiatives of penitentiary institutions and often, to their recent cooperation with schools and NGO-s. This section of the report addresses the availability of education and training in women’s prisons through the experiences of the interviewed women, penitentiary agents and several NGO-s active in the field. 5.1. Existing measures Education is regulated as part of the sections on prison work and developmental supervision in the Penitentiary Code. The Penitentiary Rules in § 73-74 state that prisons ensure elementary school education and vocational education. The completion of elementary education must be especially encouraged according to the law - until 1993 it was compulsory for prisoners, while currently it is voluntary but needs to be encouraged. The prison provides books, tools and covers the expenses of elementary education. If a prison cannot ensure access to elementary education, the inmate should be moved to another prison. Inmates in medium or low security prisons, who are in favorable security groups, may attend schools outside the prison with the permission of the prison director. The self-development of prisoners should be supported by the prison and training events organized by independent organizations should be enabled.

32Based on statistics from the National Prison Administration, 07.07.2003. 33According to an analysis in 1997, the ratio of those who have not finished elementary education is highest in the age group of 21 years and younger. The other age group with very poor education - practically semi-illiterate inmates - is among those who are above 50 years, while at the same time some of the most educated women are in this age group as well. The same analysis reveals the relationship between level of education and type of crime committed: only 4% of those who commit robbery have received education for a profession. (Huszár László, “Első lépés” in Börtönügyi Szemle, 1997/3.)

18

Based on the request of the prisoner, the prison director may enable secondary education or continued higher education. The law permits the operation of religious or other schools in prisons – if the necessary conditions are there. Legislation specifies the conditions under which time and remuneration of work and education should be coordinated. According to § 112 of the Penitentiary Rules, in order to prepare for exams in primary or secondary education, prisoners have to be released from work for at least 5 days during exams’ period. Furthermore, on days when the inmates attend classes, they should have to work one hour less. However, they receive payment even for the time of exemption from work consistent with their actual wage. Concerning vocational training, § 38 of the Penitentiary Code specifies that, corresponding with the duration of the sentence, prisoners must receive training for skilled or semi-skilled work. According to § 130-132 of the Penitentiary Rules, vocational training should be organized in those professions which enable the social reintegration of inmates after release. Vocational training can be organized by employers, the penitentiary, individuals or any other entitled organizations. Inmates who do not work while they attend elementary, secondary or vocational training, are entitled to receive one-third of the basic salary as stipend. 5.2. Analysis of existing measures According to the survey of the Hungarian Helsinki Committee the official statistics of the National Prison Administration recorded 737 inmates’ participation in elementary school education in 2000, and 33 inmates took part in secondary school education. The total figure, 770 participants, amounts to 6.8% of all inmates34. About 86% of the participants in the survey of the Helsinki Committee did not receive any school education while in prison35. Based on the statistics from the National Prison Administration on education and training in the school year 2003-2004, altogether 983 inmates participated in primary school education, 254 in high school, and 26 received private education. Thus, in the past few years the number of participants in elementary education and secondary education has actually increased rather significantly, reflecting the objective of the penitentiary institutions to provide elementary education to all inmates, and to improve access for secondary education. However, the number of people taking part in vocational training remained to be rather modest: altogether 421 inmates were enrolled in vocational training courses in the first semester of 2004. Two vocational training courses were organized in Kalocsa with 35 women inmates altogether. Interviews in our research with imprisoned women support the poor statistics about the level of education among women prisoners. The majority of female prisoners that we interviewed had a rather low level of education, five of them had finished elementary education, but four of them had attended only 4-6 years of elementary education. Six of the interviewed women had completed vocational education, two had school leaving examinations from high school, 34 András Kádár, Ferenc Kőszeg (eds.), Double Standard: Prison Conditions in Hungary, Hungarian Helsinki Committee, Budapest, 2002. p. 60. 35 Ibid., p. 63.

19

and one of them had a college degree. Typically, several of the women who had finished elementary school had started some kind of vocational training, however, they had broken it off, e.g. because of pregnancy or “mixing with the wrong crowd”, which they later regretted. We will report about their experiences regarding education in prison in the corresponding sections. Elementary education As noted, the focus has been on ensuring elementary education in every penitentiary institution. Considering that, according to NPA statistical data of the year 2003, 5% of women inmates are illiterate and an additional 20% have not completed elementary school, the elementary school education alone would require the recruitment of potentially over 200 women inmates. Actual numbers are only available for the Kalocsa prison, where 68 women attended elementary education in the first semester of 2004, among more than 400 women inmates. This actually supports that elementary education is encouraged in the largest women’s prison. No data is available separately for Mélykút prison since it is an annex to the largest men’s prison and in statistics they are represented as one institute. Our research established that elementary education is not available in the third and smallest women’s prison, in Eger, however, basic literacy courses are organized. Despite the missing elementary education, Eger offered the most opportunities not only for training but also for mixed recreational and educational activities. Although women in this prison also work, there are time periods designated for recreation and education in the afternoons and during the summer and winter breaks. The courses offered included a basic-level English course and a first aid course that gave certificates too. Examples for recreational courses included a handicraft course and a choir. The latter also offered opportunities for women to perform at other prisons and even in the town church, so they could go on a collective leave downtown, escorted by only a few guards. As a result of the prison’s co-operation with the local college, college students also held regular training events focusing on job searching strategies and life-leading skills, which the women also found practical and relevant. According to women serving their sentence there, recreational activities kept them busy after work, helped them pass the time and, in most of the cases, offered new knowledge as well. The Eger prison enjoyed an excellent reputation among women inmates in the other two locations. Elementary education is provided in the Kalocsa and Mélykút prisons. An interviewed executive of the Kalocsa prison said that recently the number of women interested in attending elementary education courses has increased, which is in line with their declared aim to encourage long-term prisoners to finish elementary school and learn a profession if possible. As it is often a requirement for vocational training to have completed elementary education, that is what should be encouraged among inmates first. The courses are held by 3 teachers and the educators of the prison. Educators are paid overtime for teaching, however this certainly contributes to the already unmanageable workload. As one of the agents of an education institution explained, methods and teachers employed in ‘traditional’ elementary education are not always appropriate in prisons. They developed tutorial programs to improve the level of education of inmates who have no elementary

20

education. They train teachers as well, who need to have special skills to handle adults with special needs. Uniquely, they do needs assessment before starting a program and let inmates choose from several areas, such as history, language, communication, arts etc. Only two of the interviewed women attended elementary education while in prison – potentially four more could have been recruited since they have not completed elementary school. For the two women, going to school had been a positive experience. One of them actually had never been to school before and has finished one semester in the prison. In summary, we believe that while elementary education should be made available in Eger as well, in the other two locations many efforts focused on ensuring basic education for all women inmates. Application of teaching methodologies based on adult learning would be beneficial, as that would enable a less school-like way of learning for people long after their school age. Acquiring vocational training without the completion of elementary school should also be supported. Vocational training and higher education Given that 75% of women inmates do not have vocational training or secondary/ higher qualification, this should be certainly encouraged during imprisonment. According to NPA statistics, secondary school education is available in 7 prisons, 2 of which are women’s institutions. Even though secondary and vocational education should theoretically be made possible, there are significant problems in both areas. If vocational training is provided, the professions that are instructed are gendered, and often do not correspond to the real demand on the employment market, failing to increase women’s chances for social integration. It is a declared goal of several institutions to provide women with training for more ‘feminine’ professions. However, there is very little or no demand on the employment market for these. In the three women’s prisons over the past few years, courses have been offered in flower arrangement, leather decoration, lace making, hairdressing, artificial nail application, reflexology massage and cleaning, and recently also basic computer courses were organized in Kalocsa. However, in a given institute, only one or two of the courses were offered each year. Although in Kalocsa a fully equipped computer room is available for use, last year only one computer operation course was organized. One of the vocational training courses that illustrates the problems well is the “leather shoe upper-part making”36 course, offered in two institutions yearly, as the Eger prison actually employs inmates in a shoe factory, and Kalocsa runs a sewing workshop. The market demand is insignificant for shoe upper-part making expertise currently. Most courses offered clearly do not belong to the category that would enable women to improve their employment opportunities or their financial situation after release. Some women tried to find employment after release in these occupations, however, they did not succeed. All in all, it was found that prisons offered only an insufficient number of vocational training courses, which also showed little diversity. They consisted mostly of so-called feminine jobs, and as the gendered nature 36 The qualification that course participants received after completing the course is listed among the National Vocational Qualifications, and the diploma does not refer to the fact that it had been awarded during imprisonment.

21

of that choice implies, programs focus on low-prestige professions that are generally lower paid or non-existent on the current job market. Four of the women in our research received vocational training in “leather shoe upper part making”, which was necessary for carrying out prison work. The interviewed women with one exception appraised the 10-month course positively. One woman completed the lace-making vocational training, which she evaluated very positively. One of the most frequent barriers to women’s participation in vocational training was their short sentence. For two women the vocational training clashed with the prison work – and they both decided to continue work. Secondary school or higher education could have been considered for a number of women in our research, and although some of them indicated that they wanted to complete high school. However, they did not get the chance to do it while in prison. Some were limited by the length of sentence, however, in other cases they did not take the initiative because of the novelty of such education in prison. In the largest women’s facility with over 400 women, last year only 1 person attended secondary school, despite the very high ratio of women serving a long sentence in Kalocsa. We believe that this is partly due to the fact that while elementary education has been a broadly accepted part of prison life, secondary education is very exceptional thus neither educators nor inmates insist on it. A Budapest-based NGO does offer individual tutoring to secondary school students in several Hungarian prisons – among them in Kalocsa and Mélykút – however, they face considerable difficulties as they have to travel significant distances, often on Saturdays, to these distant locations. The availability and range of vocational training courses should be broadened as a first priority in the educational objectives of women’s prisons. The criteria of up-to-date and marketable knowledge should be applied at the selection of training courses, instead of the current traditional, obsolete and gendered profile. In Kalocsa the high number of inmates with long sentences must especially enable a significant range of vocational courses to be offered. Here also secondary school participation should be especially promoted, given that currently the majority of the more than 400 inmates spend years there without education and training. Barriers to educational programs Both members of the prison administration and representatives of educational organizations agreed that the quality of prison education needs to be improved, even though both the evaluation of the current situation and its causes varied significantly. The report attempts to summarize the most often mentioned barriers. Agents frequently referred to financial constraints and lack of physical space as the biggest issues, however, several organizational difficulties were also mentioned. State-ensured, central funding is certainly insufficient for a lot of courses, thus the newly promoted solution is to rely on NGO-s and schools which provide educational courses for free and are able to raise the money from other sources. Lack of physical space and overcrowding in general is

22

certainly an issue and requires constant scheduling and rescheduling e.g. in the Kalocsa prison. Among organizational difficulties two problems stand out: in smaller prisons it is not always possible to collect the minimum number of participants for an educational activity37, and also women with short sentences may not be eligible for relatively long courses. This is especially problematic in Eger, as only 70-75 women with different sentences are imprisoned there. At the time of the interviews only 20 of them received some kind of training. However, a different administrative problem was mentioned in case of women with long sentences. In case of vocational training programs, employability of the trainees has to be ensured within 6 months, which makes such courses unavailable for women with long sentences. A very significant further barrier is the clash between prison work and education, experienced by working inmates. Most working inmates have to choose between work and education, since classes are organized during the day. It is an impossible choice for many, since they indeed need the money and want to work – even though some stipend is paid during the courses. (A further consequence for NGO-s is that prisons increasingly request them to organize trainings and other activities on the weekends.) A solution currently being considered by the NPA is to open up the opportunity for part-time work. A conceptual barrier that was expressed in several agent interviews, is the lack of long-term educational strategies and plans in penitentiaries. Although the National Prison Administration has a small team of people responsible for coordinating work in penitentiaries, their resources are rather limited. As long as new funding for education and training is expected to grow from diversified sources including NGO-s, centralized planning is not going to become easier. Yet we believe it is all the more required, since in the absence of concepts and guidance, penitentiaries are likely to reach very different outcomes and effectiveness. Currently the measurement and monitoring, quality insurance activities of educational programs are not in place. A central registry has been created however, thus information will at least be available about such activities in the penitentiaries. Co-operation between penitentiaries and educational institutions/ NGO-s Although prison administrators emphasized that they support the introduction of more training programs, our interviews with educational organizations proved that this openness is not easily translated into practice. According to these agents, the realization of training programs depends largely on the prison administration, and as a rule it is often difficult to break through the mistrust and the bureaucracy of the administration. Most of the NGO-s actually reinforced that opening up is a tangible and genuine effort at various levels of the penitentiary system, however, it seems not to have reached all institutions and agents with equal intensity, and it still remains to be burdened by the incredible bureaucracy.

37 A good example for that was handled successfully by an NGO. They worked for several years in a men’s prisons, when the leader of the program suddenly met a woman in the prison’s corridor and actually realized that there is a small group of women inmates in the prison. She was shocked and embarrassed that she never heard about them and decided to run a program for them. Ultimately she accused the institution with discrimination against women, and managed to start the group, which turned out to be a great success and the pride of prison administration.

23

One of the NGO-s pointed out that alone the signature of the so-called agreement for co-operation with the NPA – the absolute precondition of working with a penitentiary – took over a year’s continuous effort. Another NGO found that even if they had a signed and valid agreement with the NPA, they had to go through a similarly troublesome process with the actual penitentiary in addition, and for every program separately. Given that such NGO-s are in their infancy and work with very little staff numbers and scarce resources, it is an incredibly luxurious solution to spend years on signing agreements for co-operation. Apart from the power of security measures and the need to respect legislation, the relative novelty of and inexperience in co-operating with NGO-s is certainly among the reasons for such difficulties. As a training professional remarked, the security system of prisons makes it difficult for teachers to provide one-on-one education to inmates who require this. She also reported that although going on to higher education while in prison is made possible by legislation, and supported by more and more penitentiaries in principle, there have been several cases when exams did not happen as planned, due to uncertainties and lack of experience on the side of the penitentiaries in handling such procedures. There are success stories for organizations breaking through the initial resistance or bureaucracy, running successful educational projects and actually establishing very good working relationships with penitentiaries. In fact we found that after an initial mistrust or hesitation, penitentiaries are often very appreciative of the work of the NGO-s and foster further co-operation. Yet again, these co-operations remain to be fragile for the time being. Such relationships can be threatened by the emergence of a new security consideration, or can become simply too burdensome for the overloaded staff, may require too much attention, work, novelty and risk. It may well be the case that while an open-minded prison administrator and most prison staff fully embrace a new program, a powerful opponent or security officer destroys it. Inmates participating in programs often enjoy special attention from the penitentiary agents – with all the positive and negative consequences. If any of the inmates in such a program gets involved in anything – it is directly linked to the impact of the program. The work of NGO-s is carried out knowing that penitentiaries can find a legitimizing reason to stop co-operation at any time. Thus much of the work of NGO-s goes into relationship management, trust building, conflict resolution and avoidance, in short, the very material and also the ‘emotional work’ involved in learning to co-operate with penitentiaries. Yet both NGO-s and penitentiaries know that penitentiaries increasingly depend on the services of NGO-s. In either case, co-operation between penitentiaries and NGO-s is a learning process based on mutual openness and shared interests and purposes, however, made all the more difficult by security pressures, inexperience, and competing interests within penitentiaries. 5.3. Summary of the existing problems All in all, the majority of women in our research did not receive either general education or vocational training, in some cases due to their short sentences, in other cases due to lack of programs or a clash between work and education.

24

While it is perhaps justified that elementary education has been the focus of education efforts, in light of its role in the post prison reintegration process we find it very problematic that vocational training is insignificant. Despite the organizational difficulties, especially in large institutes as Kalocsa, a range of vocational trainings giving marketable knowledge should be possible. We find it discriminatory not to offer more diverse courses for inmates with different educational needs, regardless of the inmates’ sentence. Women with short sentences should also be able to attend short, intensive courses. The significant development in the number and diversity of training and educational offerings in Hungary has not reached prisons yet. The efforts for cooperation between the penitentiary and educational institutions and NGO-s have produced already a range of programs, however, the differences among the penitentiary institutes are very significant. With the exception of Eger, the women’s institutes are not among the active beneficiaries of the new developments, partly because of their unfavorable location. While a long-term educational strategy needs to be developed by the NPA to ensure coordination, improvement and quality insurance across the penitentiaries, the individual institutes must become more active in promoting vocational training, secondary education and free-time activities in the women’s facilities. Should they fail to do so, the otherwise unfavorable structural position of women’s prisons will be only reinforced as more active and powerful facilities will acquire the scarce resources.

25

6. Work 6.0. Introduction This section of the report focuses on prison work, and gives account of the existing legislation and its actual implementation in prisons. In the presentation of our research results, the report focuses on the availability of work in prisons, the relationship between work and skill development for reintegration, and also discusses earnings and social security. Apart from interviews with women inmates and agents employed in penitentiaries, the section builds on the experiences of the very few NGO-s active in providing work for inmates after their release. 6.1. Existing measures General regulations on Prison Work Laws on prison administration emphasize the importance of work as a key concept in skill building for the benefit of prisoners’ future reintegration. The objective of prison work assignments, as defined by § 44 of the Penitentiary Code, “is to help prisoners maintain their physical and spiritual strength, give them the opportunity to acquire and develop professional skills, thus facilitate, after being released, the reintegration process into society”. Prisoners are obliged to perform the work instructed by the prison, according to § 33 of the Penitentiary Code. However, work is also defined as one of prisoner’s rights, in § 36. The same law defines in § 44-45 the key regulations for prison work. Prisoner’s physical and mental abilities, preferably professional background and interests must be taken into account when defining work assignments. Work safety and health provisions must be assured. In terms of rights and obligations, the Hungarian Labor Code38 must be followed with some exceptions due to the specific prison situation. It is declared in § 45 of the Penitentiary Code that prison work should be paid according to the general principles of remuneration, while the Detailed Regulations state that minimum 1/3 of the minimum wage of the previous year should be paid to prisoners. The prison director has the right to specify the amount of money to be deducted from the earnings of the prisoner as a contribution to the cost of her/his imprisonment. Working prisoners are entitled to receive paid holidays. The Detailed Regulations contain rules on working time and work schedule, rest times, extraordinary work, paid holidays, remuneration, the job-grading system, the remuneration of trainees, and special allowances. In addition, prisons must prepare their own internal regulations on prison labor. The few specific references to women inmates include protective regulations for pregnant inmates or inmates with small babies, e.g. such inmates cannot work at night, or cannot be obliged to do overtime work.

38 1992 / 22. Law, Labor Code

26

Differences between security regimes There are some differences in legislation among high-security, mid-security and low-security regimes as regulated by § 26-28 of the Penitentiary Code. While inmates in high-security and mid-security regimes as a general rule cannot work outside the prison – unless “allowed for exceptionally” –inmates in low-security regimes can engage in work outside the prison. The so-called Lenient Executive Rules offer the greatest degree of freedom for the inmate according to Hungarian penal legislation. As regulated in § 28 of the Penitentiary Code, it can only be granted to inmates who have already served half of their sentence (until the time of a potential early release), but minimum 6 months in the case of a mid-security prison sentence and 3 months in the case of a low-security prison sentence. It can be granted to inmates based on their good behavior when it is believed that the objective of the penalty can be reached with a lighter measure as well. Inmates who received a high-security sentence are excluded from LER. If on LER, the prisoner can leave the prison four times a month for short leaves (24 or 48 hours), can work outside the prison without supervision, can meet visitors outside the prison and is entitled to get his/her part of the earned money in cash. 6.2. Analysis of existing measures Availability of work Previous research: The survey of the Hungarian Helsinki Committee39 found that 58% of inmates worked at the time of questioning, which was in line with the data provided by NPA (60%). A great majority of them (74%) did not work in their original profession. Most prison work was found to be semi-skilled work. Inmates work generally 40 hours. Only a small ratio, that is, 6.4% of survey respondents took part in vocational training, half of them participated in a training for semi-skilled workers, the other half in training for skilled workers. In one third of the cases, the employment of inmates is financed from budgetary resources and contributes to the operation of the penitentiary institution (e.g. cooking). Two thirds of the employment are conducted for legally independent, state-owned companies. Such enterprises operate along almost all medium-size and larger prisons. These companies, commonly referred to as ‘limited liability companies’, are profit-oriented yet also must pursue the purpose of employing as many inmates as possible. Characteristically, these companies provide either industrial or agricultural activities. The activities of the companies connected to penitentiary institutions where women are imprisoned focus on shoe manufacturing in Eger, clothes manufacturing in Kalocsa and agricultural work in Pálhalma-Mélykút. While 68.5% of inmates worked in Eger and 62.5% in Kalocsa, this ratio was only 41.5% in the third facility. In the latter case most of the workers were men inmates from the men’s wing of the penitentiary. Typically, women 39 András Kádár, Ferenc Kőszeg (eds.), Double Standard: Prison Conditions in Hungary, Hungarian Helsinki Committee, Budapest, 2002.

27

inmates in Mélykút were employed as trained seamstresses, or did unskilled seasonal work, such as fruit picking and selecting. Our research findings: According to the data of the National Prison Administration40, 432 of the 859 female inmates (50%) worked in prison. In each prison, according to our data, 45 to 60% of the inmates are employed. Our research found that the ratio of available workplaces and inmates is still unfavorable. More than half of those who did not work, were not able to work due to the lack of workplaces. Further reasons that followed were miscellaneous, e.g. taking part in education (26%), illness and unfitness (26%), reluctance of the institution to employ them (2%), transportation (1%) and unwillingness to work (0.05%). Thus, in July 2003 more than 200 women inmates could not work because of lack of workplaces. Upon arrival to the penitentiaries, the medical - and if available, the psychological - examination determines whether inmates are suitable to carry out work. Educators, at an introductory meeting, enquire about the skills and previous employment of inmates, which serves to decide on educational and employment choices in each inmate’s ‘development plan’. In our research several of the women were working for the penitentiary institutes in ‘maintenance’ jobs (e.g. cooking, laundry, cleaning of the medical division, hairdressing etc.). These types of work are skilled or semi-skilled, and women receive very short training for them. They are gendered, even in the all-female penitentiary of Kalocsa about 20 male convicts are housed in order to carry out more ‘masculine’ work like whitewashing or repairs. This kind of employment for the penitentiary ranks highest in the internal hierarchy of prison work, as it is the most well paid and it carries fixed wages. Inmates who are in a more favorable status due to their better lobbying power are therefore more likely to attain such positions. Some of these jobs carry a certain prestige and women in other jobs often mentioned that they wanted to switch to these jobs. All of these jobs are performed within the penitentiary institutes. However, the great majority of inmates in our research worked for the above mentioned limited liability companies. These companies have special workshops on the grounds of the penitentiary, so inmates stay within the institution, and it is the civilian employees who come to work to the penitentiary. In Eger inmates work in morning and in afternoon shifts, shifts change every week, and the schedule of each worker changes accordingly. In Kalocsa, however, women always work in the mornings from 6 o’clock. In the case of skilled work in shoe manufacturing in Eger, the company provides both employment and training, which carries an official qualification with it. (National Vocational Qualification). Several other positions require only semi-skilled work, e.g. sewing or the sorting and packaging of cotton yarn, for which the employees receive very short introductory trainings in Kalocsa. In Mélykút however, apart from women who work in the laundry, many women inmates do not have permanent work. For them seasonal unskilled work is available,

40 Data provided by the National Prison Administration on 07.07.2003.

28

e.g. fruit picking and other agricultural labor. However, the continuous employment of these inmates is not guaranteed by these temporary measures. In the opinion of most interviewed agents, the availability of work in prisons is adequate. In comparison with the situation before 1990, when the employment of all inmates was guaranteed, penitentiaries now depend on the companies for providing workplaces to inmates. Prison administrators were satisfied with the co-operation between the companies and the penitentiaries. They found that inmates received adequate training to carry out their work and in the course of the training process, the employer tried to decide what kind of work was most suitable for the inmate. They stressed that even though many inmates had received no vocational qualifications before their imprisonment, they managed to produce goods of appropriate quality. Both the agents and the women we interviewed agreed that the great majority of inmates wanted to work. According to one agent, inmates often claimed to have higher qualifications than they actually did in order to be employed. The most important motivating force for the women to work was the opportunity to pass the time with meaningful activity. Making money - no matter how little – ranked very high among the motivating forces. Women did not consider skill building as a motivation for work, and as we saw, skill building did not typically take place through these jobs. The interviewed women mentioned several problems related to the availability of adequate work in prison. As several women can only carry out seasonal work, they suffered from both inactivity and lack of income. In a few cases, the position women were given did not correspond to the level of their education or previously gained skills. The reasons for this were the limited range of work available at the penitentiary, but also the fact the actual skills of inmates were often not taken into consideration. However, quite a few women were employed in jobs for which they had qualifications, e.g. in gardening, sewing, cooking or medical assistance. The only person with a college degree actually worked as a supervisor in the workshop of the clothing company, managing the work of 28 other inmates who worked on the line. In conclusion, prison administrators tried to take into account the previous skill level and qualification of women inmates, however, this was often constrained by the very limited range of available jobs. Women also reported that once they were chosen for a certain kind of work, it was very difficult to change jobs. This is certainly linked to the above-mentioned lack of choices. However, good positions and lobbying skills made a difference: the few women who had access to good jobs, were sometimes even able to choose from various jobs in prison. Lack of self-assertion on the other hand, may have led to health problems: some women wanted to change sewing jobs after several years but were refused. Two of them actually developed back problems as a result. Inmates also complained about the conditions of prison work. Work in both the shoe manufacturing and the clothing factory was noisy because of the machines, the place was crowded, and a lot of the women developed chronic backache because of the permanent uncomfortable posture that they had during work. Timing rules were very strict, work at one penitentiary, where everybody worked in the same shift, started at six in the morning and

29

finished at two o’clock, with only a few cigarette breaks in between. But the most often addressed problem was that during work, inmates were not allowed to speak or interact in any form with each other or with the civilian employees either. Many women regretted that they could not get to know the civilian employees. This practice shows that prison work has been interpreted, at least partly, as part of the punishment, rather than a tool for reintegration. Despite occasional grievances, women were very positive about work and emphasized that it saved them from inactivity, gave them a bit of money and some feeling of accomplishment. Work and skill development for reintegration Legislation emphasizes that prison work should improve inmates’ professional skills and through that, provide them with better opportunities for social reintegration. However, our research findings indicate that the women’s work in penitentiaries is overwhelmingly low skilled work. In most jobs they exercise skills that they already possessed – while the skills they gain are rather specific, e.g. shoe upper part manufacturing. Prison labor in women’s penitentiaries does not follow the trends of the employment market, and institutions rely on the long-term co-operation with companies. Changing profiles for such companies may be a challenge, however, the current profiles at best contribute to the conservation of low job skills. In addition, it is rather unlikely that inmates would find work opportunities in the shoe manufacturing or clothing industry, since the light industry in Hungary has faced a downwards trend with the arrival of the market economy – and has no realistic perspectives for recovery. In summary, since prison work provides women with only very modest skills – if at all – in industries that will not employ them after their release, prison labor fails to support women’s labor-market reintegration after their release. Women who worked had difficulties with managing to participate in education and training courses. Some of them decided not to join training courses due to the clash, while others joined courses in late afternoons, after their shifts – or participated in weekend courses. Women who took part in education, however, did receive extra financial incentives in addition to their salaries. Preparation for release and subsequent employment is encouraged by legislation through enabling inmates in lower security regimes to work outside the penitentiary institutes. Inmates of low-security regimes may work outside and inmates on LER may work outside without supervision. However, only in one case did we encounter that an inmate was given work outside the institution, which, as she reported, made an enormous difference on her experience of imprisonment, even though her job was to clean the offices of a (civilian) company situated in a men’s prison. As the companies that employ women operate on prison grounds, the stricter regulations apply to all inmates, regardless of their security status. In this way, inmates in low-security regimes and on LER receive stricter punishment than necessary, and the penitentiary does not provide them with the possibility of gradual reintegration into society that is emphasized by

30

the law.41 As long as a low-security regime is situated at a location with very poor access conditions, cut off from everything, it will not be able to send inmates to work outside the penitentiary and help them maintain social ties and employment contacts. Likewise, employers will not approach the prison for potential co-operation if it is situated far away from all kinds of infrastructure. Lack of potential competition conserves the existing structure of state-owned companies and does not encourage changes. Earnings and Social Security Previous research: The Hungarian Helsinki Committee found the following earnings among the 330 interviewed working inmates included in their survey in 2000 (men and women together): Monthly earning, 2000 % of working inmates Up to 4000 HUF (up to 15 Euros) 35.3 4000-8000 HUF (15-31 Euros) 57.4 8000-12.000 HUF (31-46 Euros) 7.2 The earnings are thus indeed very low, in the great majority of cases working inmates earned less than 8000 HUF, that is, 30 Euros a month. Yet, inmates cannot control fully even this amount of money. Inmates do not receive the full amount of their earnings, since a deduction is made for their contributions towards the costs of their imprisonment. They can spend a certain ratio (80, 70, 60% depending on security regime) of the reduced amount in the prison stores, while the remaining part is saved for them for the time of their release. According to the Prison Monitoring Program, prison stores abuse their monopoly and charge higher than market prices in prisons. The Helsinki Committee expressed the following critical evaluation on the regulation that specifies earnings to be at least 1/3 of the minimum wage: “The Hungarian Helsinki Committee is of the opinion that this provision is per se in violation of the Constitution (Constitution § 70/B 2: Everyone has the right to equal payment for equal work, without any discrimination whatsoever), however, the prison administration’s practice of disregarding the term “at least” contained in the Penitentiary Rules concerning the amount of wages and of paying working inmates just one-third of the minimum wage from the previous year further aggravates the constitutional violation.”42 Another major problem emphasized by the Report was related to social security payments. During imprisonment inmates are not insured by the social security system. No social security payments are thus made from their earnings, and the time spent at work in prison does not contribute to their total social security insurance time. This causes significant disadvantages for them, since a number of allowances (both related to unemployment as well as family

41 A related problem is discussed in section 7 on Family and Social Relations, in connection with the limited application of LER and poor access conditions to several women’s facilities, and especially Mélykút. 42 Ibid, page 113.

31

benefits) are linked to social security. Contribution to the pension funds is also linked to the number of years spent in the social security system. Our research findings: It could be challenged whether inmates actually received the already very modest earning specified in the legislation as (at least) one-third of the minimum wage of the previous year. The minimum wage was significantly raised in several steps over the past few years, while the earnings that the women reported to us, were for most women exactly the same as mentioned above. Even though wages of the women range from approximately 6.000 to 19.000 HUF (between 24 and 77 Euro), two distinct categories can be distinguished. Women employed by the penitentiary institute earned significantly more for maintenance and service work, e.g. approx. 17.000 HUF for cooking, 16.000 to 19.000 HUF for cleaning, and 18.000 HUF for laundry, in general 65 to 77 Euro. Yet wages for factory work run by the companies, range between approx. 6.000 to 12.000 HUF (24 to 49 Euro). Most of the working female prisoners earned as little as that. Currently the minimum wage is 53.000 HUF (214 Euro), a third of it amounts to 71 Euro. Even though our sample is statistically not representative, we must conclude that there are many women in prison who certainly do not receive one-third of the minimum wage. A strategy possibly applied by the companies is that women in factories receive performance-based pays, rather than fixed wages. This way, they may set performance standards at unreachable levels. Some women told us that in certain months they made actually no money at all – and they were convinced that they worked hard throughout the month. Our research does not allow for the assessment of causes behind this phenomenon, however, it must be stated, that based on our data, several of the women working in prison workshops, earn less than the already very modest amount set by the law. After the deductions of imprisonment costs, which is a fixed amount, and the deposit, inmates can spend even less, which leaves them with a basically symbolic amount of money. Some women could spend as little as 2.000 HUF (8 Euro), while the women in the privileged group could afford to spend 11-13.000 HUF (45-57 Euro) at the most. Most of them spent this money on basic hygiene items and on cigarettes and coffee in the prison shop. Many women complained about the high prices of the prison shop, however, they had no choice. The families of many women could not send packages or afford visits, thus most women had to rely on themselves. In fact, several women managed to send money home to their families in need. The financial situation of inmates’ families certainly influenced how much support inmates could receive, either in the form of money or packages. Two of the interviewed women who were on LER reported that they managed to spend their earnings more reasonably when they traveled home on their monthly leaves, and did not need to burden the family budget any further.

32

Injustice regarding the low pays was mentioned only by one or two women, others were pleased with the fact that they could work and earn a little. Nobody referred to the legislation. A much stronger sense of injustice was expressed, however, regarding the relative disadvantaged position of those who work compared to non-working inmates. If an inmate does not work, the prison has to provide her with basic necessities. Due to lack of earnings, the prison cannot deduct the few thousand forints as contribution to the cost of imprisonment – while if she decides to study, a small stipend is paid. Many of the women who worked felt that financially in the end they were often worse off after the deduction of the cost of care than non-working inmates, while both group received the same service from prison. This system of earnings is inadequate for several reasons. First and foremost, it does not guarantee the minimum earning determined by the legislation. By not paying anything for some women after a month of work, it annuls their self-worth. It damages the value of work by financially rewarding non-work as opposed to work. It creates inequalities between inmates, by paying significantly more for certain jobs at the penitentiary – access to which is mainly given to more skilled and more assertive women in better power positions. Our research confirmed the negative consequences of prison work not being part of the social security system. A 48-year old woman who suffered serious health damage in prison, applied for a pension for handicapped people. The medical examination confirmed that she was eligible for the pension, due to irrecoverable and serious health damage. However, she did not fulfil the only other criteria of 5 years of social security payments, despite the fact that in prison alone she worked for several years. Her case supports that such regulations are actually gendered, since the time she spent on maternity leave with her 5 children throughout the years, did not add up either43. Thus the regulation which makes prison work invisible, hits women inmates especially hard, since they are likely to have had other periods of non-insured time due to childbirth. Most women in prison have children, thus they accumulate such disadvantages especially. Another very strong form of prolonged disadvantage is caused by widespread use of the ‘certificate of no criminal record’, in Hungarian referred to as ‘ethical certificate’. The certificate is issued by the authorities, and it registers the key data about the crime committed, sentence served and is valid for several years after the crime, depending on its severity. It is customary in Hungary – and the Labor Code enables this practice – that employers require the certificate prior to signing the employment contract. Theoretically, it serves the right of employers to be informed about the criminal record – and it shall not mean automatic rejection of the potential employee. However, in our research we found that ex-inmates never delivered the certificate if an employer asked for it, because it was assumed that they would certainly not get recruited. Certificates were requested for even very low-level positions in state institutions and at larger companies as well. This proved to be the biggest barrier towards women’s socio-labor integration. The very few women who were able to find stable and registered employment, either tricked the system by sweet-talking to the personnel officer, or worked for family members or searched until a certificate was not requested. 43 In Hungary during the 90-ies the regulation of parental childcare benefits changed several times – but ultimately it is now given to mothers as an ‘individual right’ and is registered as social security time. However, some of her children were born prior to this change and thus even though she was at home with the children, it was not recorded in the social security system.

33

Several women, however, were reluctant to continue the search after several refusals and only looked for unregistered and ‘black’ work – which reinforced their fragile and volatile position and again failed to ensure access to even basic social services. Even though some agents referred to the ethical certificate as a potential barrier, changes in the legislation were not addressed by agents. One agent outlined a proposal for the tax benefits of companies who would employ people released from prison. The actual proposal is currently being drafted. Its objective is to financially motivate for-profit companies in order to employ people leaving prison. 6.3. Summary of the existing problems The possibility of working in prisons is regarded as a positive phenomenon by inmates as well as agents, as it gives inmates an opportunity to keep active and spend their time in prison usefully. However, measures in the field of employment have proven problematic in the areas of legislation as well as its implementation. Even though about 60% of women are employed on average, most of their work is low-skilled and gendered work, which does not contribute to skill development. In Mélykút both the availability and type of seasonal work is very problematic and fully contradicts the objectives of work in a low-security regime. Based on the small and not representative sample of women in our research, it can be indicated that many women who work in factory workshops, do not have access to the minimum earnings prescribed by the legislation. In full agreement with the finding of the Helsinki Report, we believe that the legislation needs to be revised and brought in line with the Labor Code’s regulations on work. This includes both the remuneration and the social security aspects of prison work. From the perspective of inmates’ chances of reintegration after release, the current regulation has long-lasting negative effects, long after someone has served their imprisonment. Work done in prison does not appear in social security. In case of inmates with long sentences, they may lose up to 8 or 10 years of work – a very significant damage that they will suffer perhaps decades after the committed crime. The widespread use of the ‘ethical certificate’ among employers formed the biggest barrier to women’s socio-labor integration. Such phenomena can be interpreted as forms of repeated and prolonged punishment, which contradict the concept of fair punishment, that (theoretically) ends once the inmate has served her sentence. These are markedly different from social stigma, since these are built into the legislation and thus must be removed first as they are discriminatory.

34

7. Family and Social Relations 7.0. Introduction and background based on previous research In this section the report will address legislation and actual practice in women’s prisons concerning inmates’ communication and relationship with family members and others, as well as the impact of prison on such contacts indicated by our research findings. The report moves from discussing generally applied measures (visits and communication) to targeted measures (LER, transition groups) applied specifically and to a selected inmate population in order to strengthen family ties and other relationships. Relatively little previous research had been available on these topics. The Prison Monitoring Program of the Hungarian Helsinki Committee found that a quarter of the inmates were dissatisfied with the conditions of visits.44 Their report especially emphasized access problems to Mélykút, one of the women’s facilities – a problem that was reinforced by our finding as well, as we shall see below. In terms of leaves from prison, a radical decrease of leaves took place from 1999. Due to an incident in which an inmate was killed during his work-related short-term leave from prison, severe restrictions were introduced that almost led to the eradication of leaves. The new policy conveyed the message that prison directors have to face disciplinary responsibility if anything extraordinary takes place involving people on leave from their penitentiary institution. Also, it ordered that prisons must ask for and take into account the recommendation of the police and municipal governments regarding the leave. Both due to the increased administration and due to the risks, prison directors found it easier not to apply short-term leaves. A broadly held view is that in the background of this change there was a general shift in penal policy, which took place under the conservative government between 1998 and 2002. In the report we will give examples for the impact of this shift on the various measures. 7.1. Existing measures 7.1.a. General Measures Communication with the outside world (visits, letters, phone calls, packages) As stated in § 36 of the Penitentiary Code, prisoners are entitled to at least monthly visits. The same paragraph declares that prisoners are entitled to correspondence with their relatives and other specified persons to be approved by the prison director. The frequency and length of letters are not limited. Letters can be opened and checked for security reasons; however, the content of correspondence with authorities, international human rights organizations and legal representatives cannot be checked. Usage of the telephone is allowed in accordance with the actual conditions and facilities of the prison itself. The Penitentiary Rules actually state in § 92 that the prisoner is allowed to use the telephone as determined in the internal prison

44 András Kádár, Ferenc Kőszeg (eds.), Double Standard: Prison Conditions in Hungary, Hungarian Helsinki Committee, Budapest, 2002., page 44.

35

regulations. The content of the conversation can be checked but the inmate must be informed about the check. Packages may be sent or received by the inmates at least monthly, according to § 36 of the Penitentiary Code. As defined in § 91 of the Penitentiary Rules, packages may weigh up to 5 kg (or more in case of clothing and cleaning items), and may contain items that are otherwise allowed to be in the possession of prisoners. The package must be opened and checked in the presence of the recipient. Leaves The Penitentiary Code regulates the use of short-term leaves and one-day leaves. The law addresses both types of leaves under the section about possible ‘rewards’ for inmates in § 41. The length of short-term leave is maximized in 5 days in high-security prisons, 10 days in medium-security and 15 days in low-security prisons as well as for inmates in transition groups (see transition groups as separate measure). The law defines the purpose of one-day leaves explicitly as the maintenance of family contacts and the preparation for release through identifying housing and work opportunities. One-day leaves can be granted to inmates who have served half of their sentence in high-security prisons, 6 months in medium security and 3 months in low security prisons or to those who are in a transition group.

Interruption of sentence Imprisonment can be interrupted according to § 22 of the Penitentiary Code, due to important purposes – which may be public interest, personal or family issues or health reasons. Furthermore, inmates may visit severely ill family members and attend their funerals. Only under special circumstances can the prison director deny this right to prison inmates. 7.1.b. Targeted Measures Lenient Executive Rules Lenient Executive Rules are of special importance since this special type of measure offers the greatest degree of freedom for the inmate according to Hungarian penitentiary legislation. As regulated in § 28 of the Penitentiary Code, it can only be granted to inmates who have already served half of their sentence (until the time of a potential early release), but minimum 6 months in case of a mid-security prison sentence and 3 months in case a low-security prison sentence. It can be granted to inmates based on their good behavior when it is believed that the objective of the penalty can be reached with a lighter measure as well. Inmates who received a high-security sentence are excluded from LER. If on LER, the prisoner can leave the prison four times a month for short leaves (24 or 48 hours), can work outside the prison without supervision, can meet visitors outside the prison and is entitled to get the earned money in cash.

36

Transition Group Those who serve long sentences in high or mid-security prisons and have already served 5 years, can be moved 2 years prior to their release to a so-called transition group. In a transition group – as defined by § 29 of the Penitentiary Code – prisoners enjoy a higher degree of freedom in moving around the prison, may work outside the prison and meet the probation officer regularly. They may get one-day releases or short-term releases and in general, enjoy a considerably greater freedom than during their original sentence. The objective as defined by the law, is to enable the inmates’ reintegration to society. 7.2. Analysis of measures 7.2.a. General Measures Communication with the outside world (visits, letters, phone calls, packages) Research findings According to our research data, less than half of the women had regular visits. In some cases, the reason for lack of visitors had been damaged family relationships, or feelings of shame. Yet, very importantly, the location of women’s prisons and regulations also posed serious barriers to visits. Even though visits had been defined as important opportunities for family reunions by the women, many of them were very considerate in determining how often invitations for visits should be sent, as visits were often very burdensome for family members. In fact, quite a few women believed that visits required such a sacrifice from family members, that they would prefer not to have regular visits. Distance had caused such difficulties that it was the first and foremost reason for request for transfer to another penitentiary. Due to permanent overcrowding, such requests were routinely refused, but when granted, meant a very tangible improvement in keeping in touch with family. Overall we found in the research that distance and difficulties of access caused serious damages to family relationships for some of the women, and for many others, visits required very significant sacrifices from family members. Due to specific problems experienced by women in the three facilities, an evaluation of each of the three women prison facilities follows: Kalocsa, the largest facility, and the only one which is an independent women’s prison, is the only high-security prison for women – yet also accommodates women convicted to mid-security prison45. This means that many of the inmates serve relatively long sentences and may come from any part of Hungary. Through its unfavourable location in the South of the country and due to a Budapest-centred railway system, from many locations it is impossible to get to Kalocsa and home within a day – and it is also rather costly. No wonder that quite a few women did not want their families to undertake such excursions – and were left without visits. 45 From the approx. 400 women inmates in Kalocsa, about 155 are convicted for high-security prison (mainly for homicide or attempted homicide), all others in Kalocsa serve a sentence in a medium-security prison.

37

The Mélykút facility which houses all under-age women imprisoned in Hungary and is also the only facility for adult women with a low-security sentence46, has also very significant access problems. While closer to Budapest, Mélykút cannot be reached by public transportation, it requires kilometers of walking for visitors without a car. Yet, even more importantly perhaps, its location entirely contradicts the objective of a low-security regime: more access to outside contacts, work outside the prison, etc. The third facility, Eger is the only women’s prison facility with favourable access conditions. It is situated in the center of Eger, a small town in North-East Hungary which can be reached by various means of public transport. Moreover, most inmates of the prison come from the North-East region of Hungary, and thus are the only women imprisoned who have actual access to family members. In conclusion, the principle that inmates should be placed as close as possible to the place of their residence is an unfulfilled requirement for the great majority of women inmates. The regional placement is in place only in the case of the Eger prison, since most of its inmates come from the North-East of Hungary, where the prison itself is located. Neither Kalocsa, nor Mélykút is adequeately accessible. Interviewed women did not report major problems with letters, phone calls or packages. Minor problems included late delivery of letters to/ from inmates to family members, by the educators. While visits were reserved for family members – and indeed, to the narrowly defined family - some women kept in touch with their friends through correspondence and in a few cases, by phone calls as well. Yet, very few women maintained contact with friends – only the young women. Some decided to stop the relationship with their friends, since they may have been involved together in the crime for which they were imprisoned. Agents were aware of the importance of visits and also of some of the difficulties that inmates’ families face. Some agents acknowledged that especially women who serve long sentences, suffer from loosening family ties. However, agents believed that their facilities generally offer adequate opportunities for visits. A few agents mentioned that special, “intimate” visiting rooms should be set up – it is currently being considered by the prison authorities. Lack of designated visiting rooms has been a problem in all three facilities. Visits are organized in rooms that serve other purposes (e.g. dining rooms/ canteens) thus lack of privacy, difficulties of listening to each other etc. has been often mentioned by inmates.

46 There are only about 5 under-age women imprisoned here. From the adult women in Mélykút, about 150 serve a medium-security sentence, and about 85 either a low-security sentence or an earlier, unpaid fee sentence turned into imprisonment.

38

Leaves Background data: Total number of people on short-term leaves for overall prison population:47 1997 1998 1999 2000 High-security prison

270 217 87 18

Medium-security prison

1.809 1.663 867 428

Low-security prison

502 420 250 180

Transition group

204 93 474 86

Total 2.785 2.393 1.678 712 Total number of people on 1-day leaves: 1997 1998 1999 2000 High-security prison

108 48 10 10

Medium-security prison

444 432 168 98

Low-security prison

126 108 46 32

Transition group

43 18 1 9

Total 727 606 225 149 Especially striking is the contrast between the law and its application in the case of leaves given that their purpose would be to help maintain family ties and help prepare for release. Research findings: Most women in our research did not have any visit home during their imprisonment, even those who were imprisoned for years. The only real exception to this were the women on LER and inmates in transition groups (both to be addressed under separate measures). Apart from these, short leaves were extremely rare and were limited to those cases where the law explicitly had to be applied. Most often, funerals of family members were such exceptions, although not even these leaves were automatic – there were examples for the refusal of funeral visits as well. Ironically, granting women inmates short leaves for home may have been constrained by distance and difficulties of access. An inmate, who cannot physically return to the penitentiary within 24 hours, cannot be given a one-day leave, as one of the agents remarked. 47 Based on: András Kádár, Ferenc Kőszeg (eds.), Double Standard: Prison Conditions in Hungary, Hungarian Helsinki Committee, Budapest, 2002., page 50.

39

Women with short prison sentences are not given leaves for home – many of them explained to us that their sentences were too short. On the other hand, women with long sentences may not be allowed due the fear that they would not return – as another agent explained to us. Some interviewed women felt that access to leaves for home is only given to those who develop special relationships or deliver special services or information to prison personnel. Others were not that explicit, yet many hinted that leaves are privileges and access to them is granted arbitrarily and even discriminatively. In summary it can be concluded based on the research that, apart from special cases where the law regulates the matter of leaves (LER, transition groups, funerals) even though the measure of short leaves and one-day leaves is available as a reward, it is not applied regularly by penitentiaries. In the very rare cases when it is applied, women inmates felt it was applied arbitrarily. 7.2.b. Special Measures Lenient Executive Rules Background data: Total number of inmates (including women and men) placed on LER48: 1997 1998 1999 2000 Medium-security prison

942 1035 606 79

Low-security prison

201 158 107 29

The numbers show the dramatic decrease of inmates placed on LER from 1999. Not only the number of inmates on LER was reduced, but also the number of leaves has decreased significantly, therefore, LER has lost its main attraction: the possibility of regular visits home. In addition, the regulation on LER in the Penitentiary Code was also changed in 1999. The new regulation stipulates that it is only the prison that has the right to recommend an inmate for LER to the penal execution judge, who then makes the decision. Prior to that change, both the inmate and her/his lawyer had the right to put forward the request for LER. Over the past year and especially during the last few months, authorities demonstrate a renewed interest in LER and its application is being promoted by the National Prison Administration. In July 2003 there were altogether 105 inmates on LER, among them 10 adult women – meaning only about 1% of the women inmates. 48 András Kádár, Ferenc Kőszeg (eds.), Double Standard: Prison Conditions in Hungary, Hungarian Helsinki Committee, Budapest, 2002., page 55.

40

Research findings: Two of the 20 women in our research enjoyed the benefits of LER. Both celebrated it and explained its positive impact on their contact with their families, and their ability to stay in touch with the world. Some of the other women also asked their educators for LER but they were refused. One of them was refused due to her lack of financial resources. As the educator explained, she would not be able to finance the regular trips home. Agents also appraised LER, and in general, were in favor of extending it to larger groups of inmates. Some agents were rather critical about the move to stricter regulation of leaves after 1999, which resulted in dramatically cutting back leaves and access to LER. Further, specific aspects of legislation on LER were criticized for limiting its availability and hopes were expressed that the very recently supported broader application of LER continues. However, apparently a contradiction was tangible in the discourse of those agents who worked in prisons, since it is actually the prison who has the right to propose an inmate for LER – and in some prisons, such proposals are rather rare, as was explained by one of the agents. In summary, the application of LER has started to increase after the dramatic decrease between 1999-2002. It is a measure which has been very positively appraised in our research both by the women who were on LER, and also by agents in various positions and jobs, including judges, prison administrators, educators and wards. Yet apparently, some of the barriers against the even broader application of LER remain: some prison administrators are still reluctant to apply it. In our opinion especially in case of women inmates, it should be applied much more frequently and the limiting restrictions should be lifted in its regulation. Especially the practice that only the prison can recommend an inmate for LER is problematic, leaving the right for the proposal exclusively in the hand of the institution. The arbitrariness of such decisions is very problematic, as was illustrated by the example of the woman whose request was refused based on the claim that she could not finance the trips home. Transition groups Background data: Total number of inmates in transition groups (women and man)49: 1997 1998 1999 2000 Number of inmates in TG

107 178 284 430

Short-term leaves, persons

204 93 474 86

One-day leaves, persons

43 18 1 9

49 András Kádár, Ferenc Kőszeg (eds.), Double Standard: Prison Conditions in Hungary, Hungarian Helsinki Committee, Budapest, 2002., page 57.

41

Even though the number of people in transition groups has increased over the critical period, one of the key benefits of being placed in transition group, the number of leaves has actually decreased dramatically. Research findings: Two of the 20 women in our research spent the last years of their long sentences in a transition group. Both of them appraised the measure very positively and explained that the transition group helps inmates to gradually adjust themselves prior to the release. In the last year, both women were released for several visits home – both of them after long years of no visits home. The first visits were traumatic, especially because of loosened family relationships and significant changes in the world outside. Their experiences fully support the need for gradual readjustment for people imprisoned for lengthy sentences. Agents were very positive about the value of transition groups as well. This measure attracted only positive evaluations and opinions in our research. 7.3. Summary of the existing problems In summary, we may conclude that many women prisoners’ outside contacts were damaged and women suffered from insufficient contact with their children and other family members. The reasons for loosening family ties were often not directly linked to the negative influence of the prison itself, however, the prison contributed to these problems in at least two ways. Firstly, through their inappropriate location and thus difficulties of physical access for visitors and refusal of requests for transfers, secondly, through the limited and presumably selective application of existing measures, such as leaves or LER. At the level of legislation, agent interviews pointed to regretful restrictions (and fear further potential restrictions) regarding LER and other progressive tools – even if all interviewed professionals and women’s experience support the positive value of such measures. While LER should be applied to many more women – instead of the absolute marginal 1-2% - the conditions of visits and leaves for home should be reconsidered in all women’s facilities. Current measures put especially women with long sentences and poor conditions at a disadvantage. Appropriate visiting rooms should be set up in all facilities. Yet, in fact, the key problem remains to be the inappropriate location of two of the three facilities. We believe that Mélykút is not suitable for a low-security regime and for under-aged women, and access to/ from Kalocsa is also very problematic.

42

8. Drug and alcohol abuse 8.0. Introduction and background based on previous research This chapter addresses the legislation and existing measures related to the treatment of both drug and alcohol abuse among inmates. Previous research concluded that both alcohol abuse and, increasingly, drug abuse are issues that have a growing relevance to crime and imprisonment. According to the survey of the Prison Monitoring Program of the Hungarian Helsinki Committee50, 7.6% of the interviewed inmates had used drugs regularly before their imprisonment, 37% claimed that drugs were accessible in the penitentiary. Yet, only 4.6% of them stated that they had actually obtained drugs in the penitentiary. However the report found that the treatment of drug users was not appropriately regulated at the time of research in 2000-2001. The Prison Monitoring Program found that the existing regulations related only to the therapeutic treatment of alcohol abuse, and there was a lack of legislation relevant to providing therapy for those inmates who were drug users before or during imprisonment51. The report suggested that the compulsory treatment that was applicable to inmates with alcohol addiction – as part of their prison sentence – should also apply to drug users. Compulsory therapy would guarantee therapy as opposed to medication only. Since the report was published, the penitentiary administration has adopted a new attitude towards handling the problem of drug abuse among inmates. New regulations indicate the acknowledgement of the presence of drug abuse among inmates and a generally shared opinion that the ratio of drug-related crime52 and drug-addicted inmates is expected to rise. As a consequence, in a number of prisons drug-prevention programs were launched over the past year. 8.1. Existing measures According to § 76 of the Penal Code, “the perpetrator of a criminal act may be ordered to undergo compulsory therapy if the crime is related to his/her alcoholic way of life and he/she is sentenced to effective imprisonment exceeding six months”. If the court orders compulsory therapy, the inmate has to be placed into a “healing and therapy group”, which is regulated by § 173-177 of the Penitentiary Rules. Inmates have to stay in the group for 6 months, in exceptional cases for one year. The members of this group comprise not only alcohol users but also inmates with serious mental problems. They should participate in a complex therapeutic program that regulates their education and employment as well. Separate regulations apply to drug users. As regulated by § 30 of the Penitentiary Medical Rules53, “inmates who are drug abusers or abuse substances with drug-like effects shall – for

50 András Kádár, Ferenc Kőszeg (eds.), Double Standard: Prison Conditions in Hungary, Hungarian Helsinki Committee, Budapest, 2002. page 94. 51 Ibid., pages 94-96. 52 About 3.5% of the women in prison committed drug-related crimes according to statistics from the National Prison Administration, as of 07. 07. 2003. 53 Decree 5/1998 of the Ministry of Justice.

43

the required duration – be provided with in-house medical treatment in the hospital of the penitentiary administration. In case of emergency, the inmate shall be immediately transported to the nearest medical institution providing acute detoxification”. The Penitentiary Rules have been amended with regulations54 about drug prevention groups within prisons that are aimed at preventing drug consumption and trafficking among inmates who volunteer to participate in the group. According to the regulations, group members take part in a special educational and therapeutic program. Group members enjoy special benefits, e.g. the length of visits they receive may be extended. A criteria of group membership is that they have to give urine samples monthly to prove that they are clean, and any breach of discipline shall result in expulsion from the group. As the 2003 Yearbook of the Penitentiary Organisation reports, in 2003 drug prevention sections were set up in 8 penitentiaries, which allows for the treatment of 200 inmates in total, including both women and men. The process continues in 2004 – during the research we learnt that a drug prevention section was established in Kalocsa and Eger as well. It must be noted that currently an inconsistency is tangible in legislation, manifested in the differentiated treatment of actual drug users and to-be-protected potential users in prisons. Whereas in the drug-prevention programs, inmates with no actual drug problem but a determination to stay free, are given tangible material benefits and attention as well, the approach to actual drug users is sanction oriented in that they are expelled from the program immediately into the various but often not unsupportive realities of penitentiaries – or are transported to the penitentiary hospital. 8.2. Analysis of existing measures The treatment of alcohol abuse According to our findings, the treatment of inmates with an alcohol problem is established in the largest women’s facility, however, the usefulness of therapy can be challenged. The institution of the “healing and therapy group” only exists in Kalocsa, the biggest all-female prison, so all women with a sentence ascribing compulsory therapy - for committing their crime under alcoholic influence - have to be imprisoned in this institution. The usefulness of compulsory therapy in such cases can be challenged due to the significant time lag between the crime, the sentence, and the actual start of imprisonment, which is usually measured in years. According to the interviewed agents, the healing and therapy group can be evaluated positively but it has limited relevance. It places a lot of emphasis on providing adequate therapy for its participants. Special, more relaxed regulations apply to this section and an educator and a psychiatrist deal regularly with members of the group. However, agents also confirm the consequences of the time lag: by the time inmates start therapy, they have often been on remand (detention) for months without any treatment, therefore have been “cured” of their addiction.

54 § 76/A-C of the Penitentiary Rules.

44

Among the interviewed women only one reported that she had been ordered compulsory treatment in a healing and therapy group55. She described the conditions in the specially designated cell for the group to be cleaner and more orderly. However, according to her, the educator responsible for this group treated them all as if they were mentally ill, regardless whether they had problems related to their mental health or alcohol abuse. Moreover, she met the prison psychologist only twice during her entire imprisonment, and could not open up to him, and she received medication instead of therapy. Before her release, years after she was convicted and after she had been in the above group for six months, a group for the prevention of drug and alcohol use was created, which she was asked to join. She rejected the request as she did not regard herself as an alcoholic and did not see any value in joining such groups. The problem of crime-related alcohol abuse was found to be insignificant among female inmates in our research. The above case proves that there are institutional efforts to handle alcohol abuse. However, we found that both the time lag between crime, sentence and therapy and the mutual treatment of mentally disturbed patients and women with an alcohol problem makes such efforts problematic. The treatment of drug abuse The present situation is characterised by a mixture of the determination to prevent the spread of drug use among prisoners and the uncertainties connected with the novelty of such measures. Similarly to alcoholism, the use of drugs was not significant among the women in our research. Due to the very recent introduction of drug prevention programs, our research could not assess their reception and effectiveness. Importantly also, we have little information about the effectiveness of therapy for actual drug users. Two of the three examined women’s prisons have implemented drug prevention programs recently, in 2003 and 2004. Participation in these groups is voluntary, and at the moment it is also quite selective. Members of the prison administration were pleased about the creation of these group, one expressed that they were hoping to “sow the seed” of prevention among inmates by educating group participants. However, members of the group in this institution meet their educator very rarely, which casts doubts over the effectiveness of their education. According to another interviewed agent, the problem of drug abuse among inmates is a realistic one. In her opinion, although most of the inmates live drug-free in prisons, it is likely that they will get addicted to drugs again after their release. Therefore, drug abuse should not be addressed separately from other problematic issues. In her view, the drug prevention program gives opportunity for inmates to achieve better living conditions in prison, however, it does not provide therapy for those with real drug addiction problems. Among the interviewed women, only one reported to have had a serious drug abuse problem56. At the time when she arrived to prison about 9 years ago, there were no drug prevention or drug therapy arrangements. For several months after her imprisonment she did 55 She remarked that she had a beer at the time when she committed the murder of her abusive partner, who was intoxicated and attacked her. 56 Two other women had consumed drugs occasionally prior to their imprisonment – one of whom never considered herself to be a regular user, while the other stopped drugs 3 months prior to her imprisonment.

45

not receive treatment but still had access to drugs, mainly in the form of various pills and medications. About a year later she had seriously overdosed herself, and decided to come off drugs on her own. Only later, one and a half years after her imprisonment she was ordered to enter the healing and therapy group, where the treatment consisted of medication with sedatives. In her opinion, the treatment provided by the prison was timed incorrectly, and she did not receive any mental help when she needed it. The findings of our research are based on very limited data, yet the above opinions and experiences illustrate that there is an attempt to address drug abuse in prisons, however, the effectiveness of such measures cannot be measured yet. The role and importance of drug related crime and the treatment of drug abuse is expected to rise by all interviewed agents, in which rationale the establishment of drug prevention sections is certainly grounded. In case of women inmates, drug related crime and drug consumption seems to be marginal at this moment – and the value of drug-prevention sections currently in women’s prisons stands in the fact that they offer better conditions and small benefits at the cost of a little monthly inconvenience for a few inmates. Other cases of substance abuse From the interviews with women as well as with guards it is evident that there are other kinds of addictions among inmates that are tolerated by prisons. All but one woman in our research were addicted to cigarettes and coffee and many consumed damaging amounts from both. It was even evident that cigarette was an important currency among inmates. Several women complained that, as the prison shop is very expensive and they earned very little, they spent all their wages on cigarettes. Women also reported that in some institutions access to sedatives was relatively easy as well. 8.3. Summary of the existing problems Based on our research it is evident that there are increasing efforts to address the problem of drug use and to prevent its spread among inmates. Currently there are regulations in place to provide therapy for inmates with either alcohol or drug abuse problems. The new drug prevention programs, which include monitoring through urine samples, are still being tested for effectiveness. According to agents’ expectations, the role of drug will increase in crime and in prisons as well, thus the emphasis on prevention seems justified even if women’s prisons do not necessarily feature as primary at risk locations.

46

9. Economic resources 9.0 Introduction The first part of this section covers legislation that regulates what economic resources should be available for women during their imprisonment, at the time of their release and afterwards. It will be followed by the description of the inmates’ actual economic situation at the time of imprisonment as well as directly following their release. 9.1 Existing measures Measures for the time of imprisonment: Basic provisions and ‘cost of care’: The regulations that pertain to the accessibility of economic resources (e.g. money and goods) for inmates can be found in general terms in the Penitentiary Code, while the Penitentiary Rules specify the availability of these resources to prisoners. The § 25 of the Penitentiary Codes state, on the one hand, that inmates should be guaranteed basic provisions in the prison in the areas of placement, catering, clothing and health care. On the other hand according to § 33/g. of the Penitentiary Code, inmates are obliged to contribute to the cost of their imprisonment (except if she/he does not work due to reason beyond the inmate’s own fault, does not receive regular pension or accident-related pension.) The sum that must be paid towards inmates’ imprisonment costs is determined by the Commander-in-Chief of the NPA57, but, as stated by § 159, this sum cannot be less than 1% of the basic monthly wage of prison work. Furthermore, as stated in § 33/2, a part of the money deposited in the prison has to be set aside for the time of the inmate’s release. Allowances received while in prison: According to § 36 of the Penitentiary Code inmates are entitled to receive already allocated regular pension and accident-related pension to be paid to a trustee, or to be sent the penitentiary institution. Upon arrival to prison, inmates decide whether they want to receive their pension, accident-related pension or any other income, in the prison or to a third party58. Most of the child-care benefits are not payable to women while in prison, either because the condition of payment is that the parent should live in the same household with the child, or it is explicitly declared that women on remand or in prison are not entitled for a certain benefit59. However, a recent case has exposed that, if a child was born in the prison, his/her right for benefit was also infringed until recently. As granted by Family Support Act 84/1998, family allowance is paid by the state after every child up to the age of compulsory education or more (20), in case of continued public education. However, this piece of legislation was not applied to children born in prisons, and this highly unjust situation was ended on the pressure

57 Regulated by § 33/5 of the Penitentiary Code. 58 Regulated by § 19 of the Penitentiary Rule. 59 Regulated in the Health Insurance Act, 83/1997.

47

of the Ombudsman in 2002, as a result of a family lobbying for their child’s right to equal treatment in this matter. Deposit: It is regulated how inmates may access their financial resources during imprisonment, and how the penitentiary handles inmates’ resources. The penitentiary handles the payments that inmates receive for prison work and as pension payment, the sum that inmates have to pay towards imprisonment costs, and also controls how much money the inmate can dispose of to obtain goods. Money brought in by the prisoner and received during imprisonment (e.g. the inmate’s pension, and the inmate’s earnings in prison after the compulsory deductions have been done), are, along with other belongings, retained by the penitentiary in form of a deposit. The regulations on how the prison handles inmates’ deposited resources are stated by § 157 of the Penitentiary Rules: “No interest shall be paid after and no expenses of administration shall be deducted from the deposited means of payment.60” The deposit is thus handled by the penitentiary, however, inmates themselves can access it while in prison. Apart from spending money from the deposit for shopping, inmates have access to a certain amount for the time of their temporary leave from prison, as regulated by § 162 of the Penitentiary Rules. The amount of money obligatorily deposited for the inmate’s release must not be used for this purpose. However, if the inmate does not have any deposited sum, the penitentiary may lend money to the prisoner to cover travel fares necessary for visiting seriously ill relatives or attending the funeral of a close relative, on the condition that the inmate gives a written statement about paying back the amount later. Personal items: The objects that inmates can have with them in the cell are regulated by Appendix 1. of the Penitentiary Rules, and the list of objects for hygienic purposes provided by the penitentiary is specified under Appendix 8. When shopping in the penitentiary, inmates first and foremost have to purchase those hygienic articles that they have used up, and are not allowed to accumulate goods (§ 156 of the Penitentiary Rules). Measures for the time of release and after imprisonment: Deposit received at release: A part of the inmates’ deposit is made up of the compulsory deduction from working inmates’ earnings, so that at the time of release a small amount of money is available for them. The deposit equals the value of one month’s basic wage in prison. In 2004, this amounts to approx. 17.000 HUF, that is 68 Euro, a small amount of money compared to the financial needs a lot of inmates are expected to face after release.

60 András Kádár, Ferenc Kőszeg (eds.), Double standard: Prison Conditions in Hungary, Hungarian Helsinki Committee, Budapest, 2002. Page 71.

48

The prison can provide financial assistance, on the inmate’s demand, for travelling and clothes61 – most often this takes place if the inmate has no deposited money, or savings – yet it is maximized in the above mentioned value of inmates’ monthly basic wage. Social security: During their imprisonment, inmates do not have social security insurance. The compulsory social security system62 provides all of its services (healthcare service, financial assistance, provision for accidents, pension) for those who are insured, yet also provides some of the services for certain groups who are not insured. Insurance is linked to employment, yet also those on unemployment benefit are considered as insured. People on remand, and those in prison are not considered insured, therefore, the time spent in prison does not count as part of the time towards social security benefits, most importantly, pension. The only exception is if the person is acquitted or the criminal proceeding is terminated – in these cases the time spent on remand counts as insured time. Other aid: Local governments provide various forms of financial support for those in need in general63 – that is: old age allowance, housing allowance, caretaker’s allowance and regular social allowance. Apart from these regular allowances, temporary support is available as well. After release, these are the general types of allowances that ex-convicts may rely on as well. Apart from that, as stated in § 115 of the Penitentiary Rules, the Local Government may grant social support to released inmates or may lend them money. Yet, there is no targeted allowance, credit, welfare benefit currently in the Hungarian legislation that would assist people released from prison. Unemployment support: The law64 makes no specific reference to people release from prison, however, under the mentioned ‘other disadvantaged groups’ ex-prisoners would be certainly included in principle. Apart from financing training and retraining, Labor Offices give information to both employers and potential employees about job opportunities, bring the two sides together thus work as an employment agency, as well as offer consulting services. The latter includes consulting in job search, career counseling, psychological counseling, as well as rehabilitation counseling for people with reduced work ability. Unemployment benefit can be paid to those unemployed who have worked minimum 200 days over the past 4 years, want to work but cannot be provided with a job appropriate to their level of education. The length of the unemployment benefit depends on the length of the employment period over those past years, the maximum length of unemployment benefit being 270 days. The law states that in case of ex-prisoners, the time spent in prison must be added to the 4 years when calculating the length of the unemployment benefit. After the expiration of the above period, a so-called job search motivating allowance is payable for another 180 days (or 270 days above the age of 45). 61 § 166 of the Penitentiary Rules. 62 Health Insurance Act 83/1997, and the Social Security Act 80/1997. 63 As defined in Law 1993/3, Law about Social Governance and Social Benefits. 64 1991/4. Law on Supporting Employment and Providing for the Unemployed

49

9.2 Analysis of existing measures In the section discussing measures in the area of work, we have already reported on the disadvantaged financial situation of incarcerated women, and we will refer once more to our most important observations65. Firstly, although the prison wage is defined as at least 1/3 of the minimum wage, the level of wages in prison is not guaranteed by this regulation, as a lot of inmates’ earnings fall below this level. Secondly, inequalities between inmates are created through the wage differences between certain kinds of jobs, and also by the fact that working inmates may be worse off financially than non-working inmates given the low wages and the deduction of the care of cost from those who work. Thirdly, time spent with prison work is not registered by the social security system and this especially punishes working inmates with long sentences, since this time is ‘lost’. Finally, the system according to which employers ask for an ‘ethical certificate’ in which imprisonment is listed, sets back the labor market re-integration of inmates potentially for a long time after their release. Economic resources in prison66: As the generally low level of payment explains, after the deduction of the ‘cost of care’– 5200 HUF / 21 Euro – some of the interviewed women found that the remaining amount did not even cover the cost of basic hygienic products. Others had enough left to buy food and complement what they received as part of the basic services. However, as such basic services and items (e.g. clothing, food, basic hygiene) were provided for all inmates – to those who were not able to work as well – thus no inmate was left without them. The economic situation of the women’s families often affected their situation in prison decisively. Depending on whether the family could support them, or the women had to assist their families, their economic situation differed significantly. The number of packages women got was reported to be frequently a source of conflict and envy between inmates. However, several of them said they had experienced the sharing of the package contents among inmates. Much as financial inequalities were a source of conflict, women in the same cell often tried to help each other out if someone had serious difficulties. Quite a few women reported that they sent money home for their families, even if their earnings made such contribution difficult. In a few families, where the woman was the provider, the imprisonment of the woman had serious consequences. In one case where the family had relied on family allowances and goods obtained illegally by the woman, the woman remained responsible for financial provisions in the prison as well. A remarkable case was that of a 45-year-old woman who got divorced towards the end of her time in prison. The court decided that their children should remain in the care of the father, and they ordered the woman to pay a fixed amount of money each month as child-care support to her ex-husband. Given that earnings in prison are very low, a court decision that orders an inmate to pay a compulsory fee seems especially unjust. However, the woman argued that the advantage of

65 For a more detailed description of the situation, see section no. 6 of this report. 66 Earnings were covered in the section on Work, here the report focuses on the consequences of low wages on basic necessities.

50

the arrangement was that it increased her chances for regaining custody over her children after release. A few women hinted that through corruption many goods were available in prison. Inmates paid prison guards for goods that could only be obtained from outside. Allegedly, officers also approached certain inmates to make them observe certain people. The trading of goods and sale of personal items among inmates was very common, and cigarette featured as a common currency. Economic position in some cases influenced access to progressive measures and benefits offered by LER. Inmates on LER reported that they had to have enough money to go home for the leaves. Two of the women who were granted LER had enough money to pay for their journey home as well as for their daily maintenance costs. Financial assistance from the family made such an arrangement even easier for them. However, one woman reported that the she was not recommended by her educator to be allowed on LER because in the educator’s judgement, she did not have the money to pay for the trips. According to the legislation on LER, neither of these factors need have posed any difficulties for her to be granted LER. For instance, the cost of the journey could have been lent to the inmates by the penitentiary, to be paid back later from their wages. Legislation concerning social security arrangements has very limited relevance to prison inmates. In a few cases, however, we encountered that women made arrangements before their imprisonment to be entitled to social security after their release. In one case, a 31-year-old woman gave birth to her third child after her sentence was passed, according to which she could stay at home with the child for 6 months after the birth. She was eligible to child-care benefit, which was paid by her employer. After her imprisonment started, the right to child-care benefit was passed on to her husband, – which is equally possible by Hungarian legislation –, however, he received it from the local government, as he had no registered employment previously, due to imprisonment. After her release, the woman was able continue to the child-care benefit instead of her husband, given by her former employer. This arrangement, according to her, was favorable, as it guaranteed not only the continuity of the payment of social benefit during her imprisonment, but also provided both her and her husband with some financial help after their release. A 57-year-old woman reported on similar foresight in connection with her pension arrangement. She requested early retirement before going to prison, and she received the pension during her imprisonment. However, she explained that even though she worked full-time in prison, her earnings were hardly enough to cover the cost of imprisonment. At the same time, she was happy that the imprisonment cost did not need to be deducted from her pension. In her case, the eligibility to pension during imprisonment helped balance out the low income from prison work. As for her situation after release, it helped her stay financially independent despite the fact that she could not find work. Economic resources at the time of release: Although the interviewed women all worked while in prison, none of them managed to save up sufficient money to finance the first months after release. Most of them left the prison with

51

the necessary deposit, but not more. If requested, the prison gave clothing collected from charity to the women upon leave. Most of the released women told us, that their money was spent on traveling home, and over the next few days, doing basic shopping and bringing small gifts to family members. Quite a few women had to finance the costs of new ID-s and spend not only money, but considerable amount of time at various bureaucracies in order to obtain all papers.67 One of the interviewed agents criticized the legislation that provides only for a small deposit at the time of the release. The amount deposited for the release is set as the average wage for prison work, which is a very little amount compared to real living costs outside the prison. She suggested that the amount deposited for inmates should be increased so that it would help pay living cost for several weeks or for a month after release. However, given the very low prison wages, and women’s reliance on this wage to cover basic necessities in prison, in our opinion this is not a viable solution at the current level of prison wages. Economic resources after release:

Family/ Friends Most women relied on family support in arranging housing, and basic subsistence. About half of the women relied on partners and family members for providing for their needs throughout the entire time after their release. However, for shorter or longer periods, all women relied on financial or material assistance (accommodation and basic food) from family and friends. Asking loans from family and friends was also very common.

Local governments About half of the women asked their local governments for a so-called ‘temporary aid’, and most of them received 5.000 Forints (20 Euro) – which hardly qualifies as real assistance, and was usually spent at the next shopping. Some women actually decided not to ask, because they felt it was embarrassingly little money for which they did not want to “beg”. Some women who asked, were actually turned down. It is left to the discretion of the local governments whom to grant temporary aid, yet probation officers and prison agents have encouraged women to apply for this, in the absence of other allowances.

Labor Office About half of the women paid a visit to the Labor Office in the first few weeks after their release in order to be registered for work opportunities. In most cases the Labor Office could not offer them work. None of the women was enrolled into educational programs either.68 Nor did any of the women receive unemployment benefit. 67 Due to delay and lack of coordination between authorities, one of the women with serious health damage did not have access to her medication for weeks. 68 One of the women applied for the nursing vocational training to which she was eligible and she did not have any vocational qualification or work. The officer at the Labor Office was ready to recruit her to the course, however, the psychologist of the training company did not accept her application. The psychologist decided that

52

Interviewed agents at the Labor Office stated that women without qualification can hardly find work, and actually are much more difficult to be placed than men without qualification, who could still benefit from the booming construction industry. Agents also confirmed that very few employers would take on people released from prison. In fact, they believed that only those employers are willing to do so who are approached by the agent through his/ her personal network, based on a relationship of mutual trust. Agents also underlined that more and more employers require the Ethical Certificate which further reduces the employment perspectives of released inmates. Furthermore, in agents’ experience a growing number of vocational training courses require the Ethical Certificate as a condition for enrollment. Interviewed professionals believed that the planned regulation to offer tax benefit for companies which employ people released from prison should attract more interest from employers. Ideally, however, either probation officers or officers from the Labor Office should act as mentors for the first 3 months of employment in order to help both the employers and the employee settle in.

Probation Officers About half of the women received emergency aid from the probation officers, in the value of 5.000 Forints (20 Euro) in most cases, often after repeated requests. The great majority of women did not see value in the regular meetings with probation officers in general, and considered the probation officer to have a control function first and foremost. For some women it proved to be difficult to finance their trip to the probation officers’ office – therefore, instead of receiving assistance, they actually finance their travel. Agents at the Probation Officers’ Service referred to the scarce financial resources available to them. The small budget for ‘social assistance’ is not sufficient to cover even a minimum payment for all released inmates, but it was never meant to be. In agents’ opinion, the budget at the probation officers’ disposal should only be spent on traveling and helping with the arrangement of documents. However, documents should be provided by the prison at the time of release – according to agents’ opinion. Agents at the POS believed that the probation service would never be able to financially help the ex-inmates, nor would they expect that in the future state funds would be available to cover the needs of the first weeks or months.

Other allowances and fees (Pension, Childcare benefit, Nursing fee) The few women who had children below age 3 were able to collect child-care benefits after their release from prison. (Two women got pregnant soon after their release and did not look for work.) Two women received a (modest) nursing fee, payable to family members if they are taking care of seriously ill relatives. An elderly woman continued to live on her pension that she received during her imprisonment as well.

she was too aggressive to be a nurse. The psychologist never met her, the decision was a direct consequence of the psychologists’ stereotyping of the aggressivity of criminal women.

53

One woman was denied a special pension (for people with serious health damage), even though the medical committee recommended her, yet she did not have the required number of years of social security insurance.69 Other/ Crime: Very few women in very desperate situations admitted that committing crime (usually theft) was very tempting. These women had daily difficulties in covering even the most basic of needs.

9.3. Summary of the existing problems There is no targeted assistance for people released from prison. The great majority of women faced serious financial problems immediately after release. Even though many women applied for some kind of social allowance/ aid, in most cases the received amount was not considered to be sufficient for even basic subsistence. The one-off payment of 5.000 Forints from probation officers or local governments cannot be considered as actual assistance. Although many women tried to find legal, registered work, the great majority were not successful. Not only lack of skills, but most often, the shadow of the Ethical Certificate formed a strong barrier.70 The serious financial problems could be resolved most of the time only with family support – in a few cases, with the help of friends. However, in some cases such family support may reproduce women’s dependence on male partners, parents, or on their children. Several women were sexually harassed when they were forced to take up not registered work as housekeeping aid in exchange for accommodation and food.71

69 Her case was discussed on the section on Work, as an example for discrimination and problems related to prison work and lack of social security. 70 The Ethical Certificate and its impact is discussed on the section on Work. 71 Details of this were presented on the Housing section.

54

10. Conclusions Based on the analysis of reintegration-related measures we may conclude that: In Hungarian penitentiary legislation the objective of reintegration is emphasized both as a general principle and it is also discussed at the level of specific areas and functions. Even though some reintegration oriented activities - e.g. prison work and low-level basic education – are available for the majority of inmates in Hungarian prisons, currently life in prisons does not prepare inmates appropriately for a successful reintegration after release. Existing progressive measures in legislation, as LER, are not applied sufficiently. This phenomenon is gendered, since especially among women prisoners, many would both qualify for and benefit from LER. One of the most serious barriers to that is the lack of individual treatment, lack of attention to inmates, and to the specific needs of various groups of inmates. This is partly rooted in the lack of financial resources and serious overload of prison staff, e.g. educators and psychologists. However, it also raises questions regarding the definition of their work, the dominance of administrative work, and the skills and competencies of personnel. Women’s prisons and women’ prisoners are disadvantaged in several ways, yet the basic problem is that two of the three women’s facilities are inappropriate from the perspective of reintegration. Mélykút is inaccessible, which contradicts basic expectations from a low-security regime and a facility for under-age inmates, disables family and social contacts, does not allow work outside the prison, and discourages employers and NGO-s from cooperation. The location of Kalocsa disables social and family contacts since it is inaccessible for families in other parts of the country, and it is a barrier against the application of reintegration-oriented measures as one-day leaves and LER. Besides the generally disadvantaged position of women’s prisons, the only independent all-women facility, Kalocsa has left its relative advantages unexplored. Because of its large population (above 410 women) and high ratio of prisoners with long sentences, it could be an ideal location for vocational training courses, innovative programs, therapy for victims of domestic violence, etc. In the more and more differentiating system of penitentiary facilities there are possibilities for attracting innovative programs. However, should these be left unexplored, the relative disadvantaged position of not only Kalocsa, but all women’s prisons would be reinforced. Cooperation with NGO-s and with the probation service in reintegration-related services were only recently launched in most prisons and this trend will intensify. However, NGO-s or probation officers will not be able to deliver all reintegration-related obligations of prisons. Prisons must take the responsibility for coordinating the pre-release activities of other state and non-state agents in the preparation of inmates for release. Despite the significant improvement in the field of reintegration after prison marked by the establishment of the Probation Officers’ Service, and despite tangible improvements in the cooperation of prisons and probation officers, it can be challenged whether a conceptual

55

framework has been defined and put in place regarding the coordination of reintegration-related efforts. Women released from prison still face the uncoordinated requirements of various state agencies, which often try to control, rather than service them. No housing solutions are offered for women and no assistance is given to finance the costs of the first few months. Most women leave the prison with very little practical arrangements or tangible plans for the life. Especially due to the lack of housing and financing solutions for the first few weeks and months after release, women cannot rely on state support in the most difficult period after the prison. Due to the widespread reliance on the ethical certificate, they are stigmatized in the labor market and are thus pushed into the black market where new forms vulnerability deepen their existing social exclusion. If the family cannot support them in this critical period, women are threatened by extreme social marginalization and are left without much hope for any form of social integration.

56