presentation to the portfolio committee south african parole system and offender reintegration 02...

PRESENTATION TO THE PORTFOLIO COMMITTEE

SOUTH AFRICAN PAROLE SYSTEM AND OFFENDER REINTEGRATION

02 June 2015

2Document ref number

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PART ONE


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CONTENT

• Purpose and Mandates• What is Parole / Purpose of Parole• Sentence Type and Crime Categories• Case Management Cycle• Delegation of authority• Correctional Supervision and Parole Boards (CSPB) 21/ Functions• Minimum detention periods• Case Studies• Consideration process• Documents / Inputs considered by CSPB• Conversion of sentence• Decision by CSPB• Principles of parole consideration• Placement conditions• Medical Parole• DCS new approach towards short term offenders• Review of Parole Board decisions• Summary


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PURPOSE

To brief the Portfolio Committee on the South African

Parole System and new approach towards short

term offenders


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The Constitution of the Republic of South Africa, Act 108 of 1996: Sections 33(1) and 84(2)(j)

Correctional Services Act, 1998 (Act No 111 of 1998): Specifically Sections 36, 73 to 82

The previous Correctional Services Act, 1959 (Act 8 of 1959) Sections 5C, 22A, 31, 32, 63, 64 and 65

Criminal Procedure Act, 1977 (Act 51 of 1977) with specific reference to Section 276, 280, 281, 282, 283, 286, 287 and 299A

The White Paper on Corrections in South Africa

MANDATES


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WHAT IS PAROLE

Parole is an internationally accepted mechanism that allows for the conditional release of offenders from Correctional Centres into the community prior to the expiration of their entire sentence of imprisonment, as imposed by a court of law.

Parole is a placement option from Correctional Centres into the system of Community Corrections.

Offenders are released from Correctional Centres prior to the expiry of their entire sentence of imprisonment to serve the remainder of the sentence outside of Correctional Centres subject to supervision and specific conditions.

Allows the offender to return to normal community life under controlled conditions in the System of Community Corrections.


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To acknowledge offenders for compliance to their sentence plan - promote

the rehabilitation of offenders

To combat the probability of re-offending by ensuring gradual integration

back into the community under controlled circumstances

To serve as an instrument of continued rehabilitation in the community

Provides opportunities for communities to accept their responsibility in the

rehabilitation process of offenders - social responsibility

PURPOSE OF PAROLE


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SENTENCE TYPE AND CRIME CATEGORY (0 - 3 YEARS) 2013/14


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SENTENCE TYPE: 2013/14


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1010

Offender

Assessment and Classification

Profiling

CMC approves

CSP

Housing unit (Intervention/

Services)

CRT

(3/6/12 monthly)

CMC

3/6/12 monthly

progress & Re-

classification

CSP

Intervention/ Services

CRT

CMC (Parole recomm)

CSPB

Approve Disapprove

Placement Admission

HCC

Disapprove

10


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DELEGATION OF AUTHORITY

Head Correctional Centre (HCC): Determinate sentence : cumulative sentence of 24 months or less

CSPB: Determinate sentence: cumulative sentence of more than 24 months

Life Incarceration: Minister of Justice and Correctional Services

Declared dangerous criminals -Sec 286A of CPA: Referral to court a quo


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53 CSPB’s were established in terms of Section 74 of the Correctional

Services Act, 111 of 1998 on 01 October 2004.

Consist of:

• Chairperson – Community member

• Vice Chairperson – Community member

• DCS Representative – also act as secretary

• 2x part time Community members

• Co-option of SAPS and DoJ&CD

Quorum – 3 members

CORRECTIONAL SUPERVISION AND PAROLE BOARDS


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FUNCTIONS OF THE CSPB’s

The primary task of the Parole Board is the responsible consideration

and approval / disapproval of placement of offenders

• under correctional supervision

• on day parole

• parole and

• medical parole

• setting of placement conditions

The granting of special remission of sentence to offenders for meritorious

conduct.

Making recommendations to the Minister and court a quo regarding

offenders sentenced to life imprisonment and those declared as

dangerous criminals.


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MINIMUM DETENTION PERIODS

Sentence Sentenced before 1 October 2004 Sentenced as from 1 October 2004.

Section 276(1)(i) After completion of 1/6 of sentence unless the court has directed otherwise

After completion of 1/6 of sentence unless the court has directed otherwise - section 73(7)(a) of Act 111 of 1998

287(4)(a)- Fine with alternative of incarceration of not more than 5 years – correctional supervision

As soon as possible after admission subject to certain conditions, provided the offenders support system is positive

As soon as possible after admission subject to certain conditions, provided the offenders support system is positive - section 73(7)(b) of Act 111 of 1998

Dangerous criminals – Section 286A of the CPA.

Referral back to court seven days prior to completion of the period as determined by the court

Referral back to court within seven days after completion of the period as determined by the court or after having served 25 years, whichever is the shortest - section 73(6)(d) of Act 111 of 1998


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MINIMUM DETENTION PERIODS CONT…


Section 276(1)(i) After completion of 1/6 of sentence unless the court has directed otherwise

After completion of 1/6 of sentence unless the court has directed otherwise

287(4)(a)- Fine with alternative of incarceration of not more than 5 years – correctional supervision




Determinate sentence: cumulative sentence of 24 months or less

1/3 of sentence after allocation of maximum credits

1/4 of the sentence or the non-parole period as specified by the court - section 73(6)(aA) of Act 111 of 1998

Determinate sentence: cumulative sentence of more than 24 months

1/3 of sentence after allocation of maximum credits

1/2 of the sentence or the non-parole period as specified by the court or 25 years of the sentence, whichever is the shortest period. (If an offender is 65 years or older and has completed 15 years of sentence he/she must be considered for day parole or parole) - section 73(6)(a) and 73(6)(b)(vi) of Act 111 of 1998

Habitual Criminal After having served at least seven(07) years

After having served at least seven (07)years - section 73(6)(aA) of Act 111 of 1998

Life incarceration 13 years 4 months (maximum credits have been allocated as per Van Wyk judgement)

25 years, if an offender is 65 years or older and has completed 15 years of sentence he/she must be considered for day parole or parole) - section 73(6)(b)(iv) and 73(6)(b)(iv) of Act 111 of 1998


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CASE STUDY 1


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CASE STUDY 2


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CASE STUDY 3


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CASE STUDY 4

Date of sentence: 2014-03-30

Offence: Theft

Sentence: Three thousand rand (R3000) or three (3) years imprisonment in terms of 287(4)(a)

Other factors: positive support system

Possible placement date: The offender will qualify for placement under correctional supervision as soon as support system is confirmed positive


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Approximately 6 months prior to reaching the minimum detention period, the Case Management Committee (CMC) must compile a parole profile report and make a motivated recommendation to the Parole Board

The Parole Board must take a decision and inform all relevant parties of its decision – if parole is not approved it must indicate reasons as well as further interventions required

If parole is approved: offender will be subject to pre-release programme

On parole placement the offender is handed over to Community Corrections where admission into that system takes place – will be monitored to ensure compliance with set conditions

CONSIDERATION PROCESS


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Report from the CMC (G326 – Profile Report)

Representation by complainant/victim

Report by SAPS / DoJ&CD

Representation by offender

DOCUMENTS/ INPUTS CONSIDERED BY CSPB


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REPORT FROM CMCThe offence or offences - judgment on the merits, remarks made by the

court, description of offence (SAPS62)

The previous criminal record - SAPS69(c)

Correctional Sentence Plan and relevant progress reports

Should include evidence of Educational-, Correctional-, Psychological-, Social Services-, Spiritual Care- and Skills Development programmes/ interventions

Disciplinary record

Report on Restorative Justice interventions: victim offender mediation

Physical and mental state of such prisoner

Likelihood of a relapse into crime

Risk posed to the community and management of the risk


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REPORT FROM SAPS/ DoJ & CD

SAPS Report

The prevalence of crime in general - identical and related crimes

The impact that the release of this specific offender might have on crime

in the area of settlement

The impact the release of the offender may have on the stability of the

community where he / she will settle after release

Any other remarks to be considered, and

Any specific recommendations regarding conditions


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INPUTS BY VICTIM


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INPUTS BY OFFENDER

The offender must be allowed the opportunity to make representations (orally or in writing) to the Parole Board on the recommendation of the CMC

He / she must also be afforded the opportunity to respond to any other inputs submitted to the Parole Board by inter alia the complainant, SAPS, etc.


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SECTION 276A(3)(a): CONVERSION OF SENTENCES

• Conversion of a sentence of imprisonment into correctional supervision

Section 276A(3) of the Criminal Procedure Act states inter alia as follows:

(a) Where a person has been sentenced by a court to imprisonment for a period-

(i) not exceeding five years; or

(ii) exceeding five years, but his date of release is not more than five years in the future,

(iii) National Commissioner or Parole Board may, if he or it is of the opinion that such a person is fit to be subjected to correctional supervision, apply to the clerk or registrar of the court, as the case may be, to have that person appear before the court a quo in order to reconsider the said sentence.


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DECISION BY CSPB

The decision must be based on all submissions made to it and must take

account of specific directives issued by the National Commissioner as well

as decisions taken by the Review Board for guidance

It must also take the purposes of imprisonment and the principles which

guide parole placement into consideration


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PRINCIPLES FOR PAROLE CONSIDERATION

The protection of the community on the short term should be fundamental i.e. the release of the offender should not have an immediate negative influence on the community

On the longer term, the protection of the community should be addressed by means of reducing the risk of re-offending by having identified offending behavior and having addressed it sufficiently to consider any risk of placement to be acceptable and manageable once placed into the system of community corrections

Supervised placement increases the likelihood of successful reintegration and on the long run contributes to the protection of the community

Conditions should be appropriate and proportional to facilitate the protection of the community and should promote societal reintegration


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PLACEMENT CONDITIONSConditions may vary between different offenders as well as the different sentence categories

placed under house detention

does community service in order to facilitate restoration of the relationship between the sentenced offenders and the community

parolee or probationer reside at a fixed address which has been approved after consultations with the Head Community Corrections

takes part in treatment, development and support programmes

participates in mediation between victim and offender or in family group conferencing

restricted to one or more magisterial districts

refrains from using alcohol or illegal drugs

refrains from committing a criminal offence

refrains from visiting a particular place

refrains from making contact with a particular person or persons or threatening a particular person or persons by word or action;

Subject to monitoring or electronic monitoring


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MEDICAL PAROLE What is Medical Parole?

Medical parole is the placement of an offender into the system of Community Corrections on medical grounds. The qualifying offender can be terminally ill or left physically incapacitated as a result of injury, disease or illness so as to severely limit his/her daily activity or self-care (no minimum detention period)

Heads of Correctional Centres (as the delegated authority from the National Commissioner) can decide on applications in which offenders serve a sentence up to 24 months

Correctional Supervision and Parole Boards decide on applications in which offenders serve a determinate sentences longer than 24 months and the Minister of Correctional Services decide on those who serve life sentences

Who can apply for Medical Parole?

An application may be made by an offender, a person acting on his or her behalf or a medical practitioner


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MEDICAL PAROLE cont.

Who are the Medical Parole Advisory Board (MPAB)?

The Medical Parole Advisory Board consists of an appointed team of medical

practitioners registered under the Health Professions Act (Act No. 56 of 1974), to

provide an independent medical report to the National Commissioner, Correctional

Supervision and Parole Board or the Minister as the case may be

The Board consists currently of 10 independent medical practitioners. Regulation

29(A) and (B) of the Amendment to the Correctional Services Regulations 2004 make

provision for the medical parole processes, and stipulates the medical conditions

which the Board must consider before making their findings and recommendations


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DCS NEW APPROACH TO SHORT TERM OFFENDERS

BACKGROUND

Offenders incarcerated up to 24 months are referred to as short term offenders (STOs)

Most STOs receive a sentence of incarceration of up to 6 months . This is a very difficult group to render services to as they do not spend sufficient time incarcerated to be exposed to the services and programmes currently rendered to offenders

STOs are usually sentenced for economic crimes. WC has the highest no of STOs with the lowest figure in the FS / NC region. There are also more male STOs than females and more adults than young people

A statistical analysis of re-offending figures in 2011 showed that more re-offending occurs among STOs than offenders with longer sentences of incarceration. This could possibly be due to the lack of tailor made programmes for STOs

Currently DCS does not comprehensively assess STOs or provide a correctional sentence plan for them. STOs receive services such as health care, psychological and social work services when needed, spiritual care services and some other rehabilitation programmes depending on circumstances

Challenges experienced in delivering services to this category of offenders are as follows: length of stay - especially if there is the option of a fine, resources needed to deliver services continuation of programmes in community corrections and the impact on human and other resources such as facilities


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DCS NEW APPROACH TO SHORT TERM OFFENDERS… cont

OPTIONS FOR MANAGING STOs

Effective and appropriate use of conversion of sentence to community correctional supervision, release on parole and transfers between correctional centers. Use of electronic monitoring as an alternative for custodial sentences

Enhancing community correctional supervision so that it can be better utilized as an appropriate sentence for less serious crimes

Offenders to be brought before Court to be considered for placement under correctional supervision if they have completed 1/6th of their sentence or if they have the option of a fine and are unable to pay the fine (providing a quarter of the sentence has been completed)

Timeous placement of cases for consideration for parole before the Correctional Supervision and Parole Boards

A challenge faced by the Heads of Centres is the confirmation of addresses before the matter can be referred to Court or Parole Boards. Confirmation of addresses is a time consuming task requiring dedicated staff

It is clear that addressing the needs of short term offenders requires a programme focus and the following action plan has been endorsed by the Acting National Commissioner


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DCS NEW APPROACH TO SHORT TERM OFFENDERS… cont

ACTION PLAN

Development and consultation of a concept paper on services to short term offenders

Amendment of legislation

Review and amendment of rehabilitation policies

Development of programmes and services and instruments

Review of HR needs and recruitment

Development of a financial programme

Establishment of an interdepartmental task team

Effective implementation of strategies to deal with overcrowding


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REVIEW OF PAROLE BOARD DECISIONS

Section 75 (8) of the Correctional Services Act, Act 111 of 1998 makes provision that a decision of a Parole Board may be reviewed

A Parole Board decision is final and may be referred to the Review Board by the Minister, Inspecting Judge or the National Commissioner

In practical terms anybody including an offender may request (based on motivated grounds) any of the abovementioned to refer a decision to the Review Board

The Review Board consist of some members from the National Council for Correctional Services (Section 76 (1) of CSA, Act 111 of 1998)

The Review Board may confirm the decision of a Parole Board or may substitute the decision with any other decision which the Parole Board ought to have made


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Challenges experienced are similar to those in other countries:

Communities are reluctant to accept offenders back into their midst – fear of rise in crime / stigmatization / do not understand / take responsibility for their roles and responsibilities in reintegration offenders back into society

Socio economic circumstances makes it difficult for offenders to obtain employment

Foreign nationals who cannot be placed on Correctional Supervision in terms of Sec 276 (1)(i)

Lack of resources and overcrowding limit the rendering of programmes / interventions to offenders

Offenders are reluctant to take personal responsibility for their rehabilitation

Expectations of victims of crime and their families vs expectations of offenders and their families

Expectation of communities (Restorative Justice)

SUMMARY REMARKS


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PART TWO


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REINTEGRAT

ION

SYSTEMS

PURPOSE OF THE SYSTEM PROGRESS

Halfway House

The Department of Correctional Services (DCS) launched Halfway House system in February 2012

The Halfway House programme seeks to assist in the reintegration of offenders particularly parolees, probationers who are without monitorable addresses and support system and rejected by families or communities.

Halfway House assists the Department in minimising chances of reoffending and overcrowding in the Correctional centres.

Since inception, six Halfway Houses were established through partnerships with NPOs such as:- Xilembeni, Lehae La Batho and Klerksdorp in LMN, Naturena in Gauteng, Vezokuhle in Eastern Cape and Beauty for Ashes in Western Cape.

Through these partnerships with NPOs the Department managed to reintegrate 81 parolees back to their families in 2014/15 financial year.

REINTERGRATION SYSTEMS & PROGRESS


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REINTEGRATION

SYSTEMS


Halfway house (cont.)

Its implementation also assist the Department in terms of tracing the families of offenders and unite them, improve community mobilisation through interaction with the community to accept these offenders back.

During their stay in the Halfway Houses parolees are equipped with different skills and education for possible job opportunities.

Twenty Seven (27) parolees Employed through Halfway Houses



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REINTEGRATIO

N SYSTEMS


Employability of parolees and probationers

Partnerships with relevant stakeholders have been entered into between DCS and NPOs to enhance employability of offenders and to reduce re-offending.

The Department has entered into partnerships with Fire Fighting Association, Moqhaka Development Agency, and Helen Joseph Hospital for employability of offenders . Helen Joseph Hospital provides an organic garden project run by parolees/probationers for the stimulation of stroke patients as a form of therapy. Additionally the garden supplements the hospital kitchen.

Through these partnerships, in 2014/15 financial year DCS has managed to employ 79 parolees through Working on Fire programme.



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REINTEGRATION

SYSTEMS


Employability of parolees and probationers

New Life After Prison Forum for provisioning of starter packs that includes sewing, welding and car wash machines. \

National Youth Development Agency (NYDA) on training of parolees and probationers for job preparedness.

New Life After Prison handed over 65 starter packs to parolees and probationers to enable parolees and probationers to be entrepreneurs.

In Gauteng one of the beneficiaries of starter packs has opened a small business on sewing of different designs.


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REINTEGRATION

SYSTEMS


Employability of parolees and probationers (cont.)

Partnership with Moqhaka Development Agency provides opportunity for parolees and probationers and ex-offenders in terms of employment through development and competency reaching in construction.

In Western Cape a parolee has employed ten (10) parolees in his small business through starter packs building burglar proofs and gates for the community.

Through partnership with Moqhaka Development Agency seven (7) halfway house residents were employed to date as contractors.



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REINTEGRATIO

N SYSTEMS


Restorative Justice

The DCS has since adopted Restorative Justice(RJ) approach in 2001.

This process allows a platform for

forgiveness between the offender and the victim be it primary of secondary victims.

The implementation of RJ will

result in smooth and successful reintegration of the offender to his/her community as in most cases the two parties manage to amend their relations through this process.

The involvement /participation of victims in this process has been a challenge throughout the years, mainly because amongst other reasons the whereabouts of victims are unknown to DCS or those who are known sometimes are unwilling to take part.

However, for the financial year 2014/15 out of the 23921 offenders who were eligible for



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REINTEGRATI

ON SYSTEMS


Restorative Justice

The approach amongst others seeks to address offences committed and assist offenders to take accountability for such offences which may include restoration of relations with victims where appropriate. This is done through processes of Victim Offender Mediation/Dialogue (VOM/VOD)

The vigorous implementation of RJ led to more public involvement through VOD where communities and offenders are given an opportunity to talk publicly about

Parole, at least 2023 victims have participated in the Restorative Justice programmes including making presentation to the Parole boards when such offenders are considered for placement


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REINTEGRATION

SYSTEMS


Restorative Justice (Cont.)

the impact of crime as a means of encouraging collective solution to the crime between the offender, the victim, the community and the department.



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REINTEGRATIO

N SYSTEMS


Parole system Offenders on parole are given conditions which are exercised during their period on parole whereby they will be under the control of the Department until expiry of sentence. They may not change their residential address, or employer’s without prior approval and may not commit an offence.

Offenders on parole are classified into their supervision categories, High Medium and Low Risk to determine the degree of strictness of the conditions to which the parolee will be subjected.



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REINTEGRATIO

N SYSTEMS


Parole system The following steps can be taken against offenders on parole who contravene their conditions by:issuing of oral warningsissuing of written warnings with an indication of the steps which would be taken if conditions were to be contravened again;requesting the family or employer to assist in supervising the offender on parole and in urging him or her to comply with the conditions, and requesting the family or employer to support the offender on parole as far as possible;revoking parole for the remaining part of the parole period.



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REINTEGRATION

SYSTEMS


Parole system There are 228 fully-fledged Community Corrections offices nationally to ensure that the system of Community Corrections is more accessible for parolees and probationers. Subsequently, various satellite offices are being established to enhance accessibility.

Monitoring: This includes services such as physical monitoring, office consultation, and Electronic Monitoring of offenders under the system of community corrections;

Intervention: these services include amongst others the identification of the potential risk offenders might pose to society, allocation to community service institutions and programme allocation.


Thank you

presentation to the portfolio committee south african parole system and offender reintegration 02...

Documents

parole parole

determinate sentence

cumulative sentence

sentence plan

parole boards cspb

correctional centres

jcorrectional services

criminal procedure act