Violence in prison includes physical and verbal abuse, as well as intrusive body searches, which are not undertaken with respect for the personal dignity of prisoners. Perpetrators of such conduct very often go unpunished and there is no intervention or break in the cycle of violence. This is likely due to the government and social narrative which considers prisoners as “undesirables” who are deserving of punishment, by virtue of the crime they have committed, and hence violence inflicted on offenders does not cause a public outcry. Since the use of violence is viewed as the primary means of maintaining order within the prison, prison officers appear to believe that it is imperative to establish a dynamic of power to subdue inmates, and punish any resistance. It was noted that violence is primarily inflicted on persons from lower socio-economic groups who are unable to stand up to authorities, and whose ill-treatment in prison goes unnoticed in the public domain. An overhaul of the entire penitentiary system is required to cause a shift from the mentality of retribution to rehabilitation and correction, and is dependent on political will and the allocation of resources. Officers require training in non-violent means of restraining prisoners and maintaining order, as well as human rights, to improve their understanding and capacity to perform correctional services/functions. Part VII: Alternatives to Incarceration 25. Alternatives at the Sentencing Stage The use of non-custodial measures instead of incarceration is a shift from a punitive approach to restorative and rehabilitative policies, thereby reducing the burden of overcrowding and its associated problems on the prison system. The national legal framework on non-custodial measures comprises three main programmes: 25.1. Community Based Corrections When imprisonment for an offence is not mandatory or does not exceed two years, a correctional order may be imposed instead of a prison sentence. A court would issue a correctional order best suited to the offender, which could include conditions, such as the requirement to undergo rehabilitation in the case of drug offenders, community work or supervision. However, presently there is a serious underutilization of Community Based Corrections in the criminal justice process, which limits its success. One reason for this, as informed to the Commission, is the reluctance of judges to call for pre-sentencing reports which causes a prolongment of the case, while imprisonment is viewed as a quicker way of concluding the case. Also, the lack of awareness of what Community Based Corrections entails, and the mentality that offenders require punishment rather than rehabilitation, are reasons there appears to be an inherent bias against Community Based Corrections. xxxii

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