Presentation on Children Awaiting Trial

1. Presentation on Children Awaiting Trial Presentation to the Portfolio Committee: Chief Directorate: Children 24/01/2007

2. Background DoSD’s objectives with regard to the Child Justice System: • Implementation of the Probation Services Act (Act 116 of 1991), • Provision of assessment services for arrested children • Provision of Diversion services • Provision of alternatives for children awaiting trail • Implementation of the Home based supervision programmes • Provision of adequate and appropriate Secure Care facilities • Pre-trial and pre-sentence reports • Alternative sentencing options

4. 1996 80 sw providing probation services No assistant probation officers No RAR/one stop child justice centre No secure care 6000 Diversion 2005/6-2006/7 785 Probation officers, plan- 1072 72 APO’s - plan 940 196 VAPO’s 53 RAR’s- plan 43 3 one stop child justice centres- plan 4 33 Secure care/POS, plan 35 30,000 Diversion plan 74,000 Progress made

5. 2004 Prisons = 1700 Secure Care = 2000 Home-based Supervision = 0 2006 Prisons = 1033 Secure Care = 1711(23 Jan ’07) Home-based Supervision = 3037 (as from April to Dec’06) Statistics of children awaiting trial

8. Progress: Secure Care • KZN: in this financial year, conversion of unit at Newcastle School of Industry to a Secure Care Centre to house 30 children still has to commence. Kwa-Zulu/Natal has also registered a PPP with National Treasury to build, operate and transfer 4 new secure care facilities. The location of these will be Durban, Pietermaritsburg, Ladysmith and KwaMbonambi and their envisaged completion date is March 2008. • Eastern Cape will be opening a place of safety for youth in conflict with law in Mthata and will be operational in 2007. The facility has been outsourced and the management is busy with staff recruitment. The facility will accommodate 50 children that is 15 girls and 45 boys awaiting trial. Two new SCC are planned for 2007/08 in East London, Qumbu and Aliwal North with a capacity of 50 beds each. • The North West Province The 2 Secure Care Centres in (Matlosane) Klerksdorp and Mafikeng both with a capacity of (60) will also be used as a One Stop Child Justice centres. Both centres are envisaged to be operational by the end of 2006/07 financial year as they are 95% near completion. The Department is in the process of procuring for the 2 facilities. A 3rd SCC in Rustenburg is expected to be completed in August 2007 with a capacity of (100 beds) (60m/40f). • So far 44 children have been placed under home based supervision.

9. Progress: Secure Care • Mpumalanga: Upgrading of Hendrina SCC has been completed and the envisaged launch date is February 2007. The capacity has increased to 70 beds (60 boys & 10 girls). As per agreement with the cluster stakeholders, children are being accommodated at EThokomala Reform School (boys) and Bethal Correctional Centre (girls) as an interim arrangement. Two new SCC are planned for Enkangala and Ehlanzeni districts for 2007/08 financial year. • Northern Cape: Springbok (NC) 60 bed 50m/10f. Construction in new financial year. Operational 2007. De Aar 2007/08 60 beds 50m/10f. Re-assessments are being done on all children in DCS facilities. • Free State: The Bloemfontein Secure Care Centre has been completed and the envisaged launch date is March 2007. It will provide accommodation for 50 (40m/10f) children. Expansion possibilities have been provided for. A total amount of R1, 5m has been allocated for the implementation of this programme during the financial year 2006/2007. Tshireletsong place of safety with a capacity of 48 (Boys) children can only accommodate 16 children at the moment due to infra-structure problems, which are being addressed in conjunction with Public works.. The consultants for the One Stop Child Justice Centre and SCC in Qwa Qwa have been appointed and the Steering Committee is meeting on a regular basis to discuss the plans. The facility will cater for 60 (50 m/10f) children, with expansion possibilities. The total estimated building cost for the two facilities is R52, 799,489.10 (R33, 050, 306.24 for secure care and R19, 749,189.86 for One Stop) The One Stop CJC in Welkom is also planned. Currently challenges regarding the acquisition of the identified site and funds for the establishment of the centre are experienced. It is envisaged that the Bloemfontein One Stop Child Justice Centre and Secure Care Centre will become a centres of excellence for child justice issues

10. Progress: Secure Care • Gauteng: Funds have been allocated for the implementation of the CJB in the new financial year, and part of this allocation will be used to start with the planning of another SCC (Secure Care Centre/s) for the province. • The current contract with Bosasa expires end March and a new tender has been issued. • In a recent press release by the MEC for Social Development in Gauteng the following was stated: The Department of Public Works identified Walter Sisulu as the only SCC suitable for upgrading of the facility by 2007/08. R7m provided. Contractors are on site. • Jabulani was unsuitable for purposes of secure care and needs to be replaced. R30m will be allocated in the MTEF period. The situation at Jabulani will receive immediate attention to improve conditions for children. • The re-built Van Ryn and Protem were not suitable as SCC’s . A new SCC will replace these facilities at Norman House in Ekurhuleni. R30m has been allocated in the MTEF period.

11. Progress Secure Care • Limpopo: Polokwane Secure Care Centre has been upgraded to 120 beds (100boys/20 girls). Bosasa’s contract has just been renewed for the 2nd term of facility management. • A new SCC is being built in Malamulela providing for 60 children (10 girls). The centre is envisaged to be operational in March 2007. The SCC will cater for northern areas. A third centre with a capacity of 40 (30 boys &10 girls) is planned in Waterberg and might be operational in March 2008.

12. Progress Secure Care • Western Cape: Although the number of children awaiting trial in prison has significantly decreased due to an effective intersectoral mechanism, the province is planning to gradually increase capacity at Outeniequa secure care from 70 -120, and at the Clan Williams secure care from 50 to 60, Bonnytoun from 170 to 185 and Lindelani from 60 to 75. New facilities are also planned for the MTEF period in Worcester (80), Caledon (50) and Beaufort West (15)

13. Assessments • Probation officers are assessing children in correctional centres on a daily basis in order to make recommendations for alternative options • 29578 children have been assessed nationally as from April to December 2006

14. Monitoring: Database and tracking of children in secure care facilities • The department has utilised its allocation of funds from IJS project to purchase computers for a business intelligence system for secure care data, to make it possible for regional, provincial and national offices to have immediate access to the database of children in secure care and places of safety. • This will address the problem of irregular reporting on children in secure care and those who have been moved from correctional services facilities to secure care. • The training of government and secure care facilities’ officials on the system took place on the 18th September 2006 and a follow up training on the 04th to 05th December 2006. • A roll-out of the system to all the Provinces will be conducted in February 2007.

15. Prisoner prediction model • R8.4million ring-fenced for: • Capacity building • Detention Management (SC) • Probation Case Management System • Infrastructure Support

19. Diversion • Approximately 19 631 children have been diverted as from April to Dec’06. However a more concerted effort is required to fund NGOs who are implementing this programme as children are committing violent and sexual offences. • User friendly booklet for minimum standards is being finalised and envisaged launch is March 2007 • Audit of all diversion services • Accreditation of diversion services • Training • Communication strategy

20. Human Resources • Probation officers • The Department has approximately 785 probation officers. • Assistant Probation officers • A volunteer probation assistant programme has been established in collaboration with Umsobomvubu Youth Fund and the National Youth Service Programme to recruit and train 940 young people as assistant probation officers over a period of three years. • These young people will assist probation officers in providing services to children in conflict with the law, especially with regard to the implementation of home-based supervision and family finding. • To date 196 young people from seven provinces have completed block one training and have been introduced to experiential/workplace learning • This programme will therefore provide the Department with a core group of personnel whose main focus will be to decrease the number of children awaiting trial in prison and or secure care. • Capacity Building • Capacity building of probation officers on restorative justice, diversion and assessment procedure is currently offered to most probation officers. 720 were trained in the previous financial year on restorative justice, diversion, sexual offenders programme assessment procedures and report writing techniques..

21. Challenges • Adherence to Memoranda of understanding/protocols between the relevant departments for the management of children awaiting trial. • Regular cluster Child Justice provincial meetings to be held on regular basis to deal with intersectoral concerns and responsibilities. • Strengthening and recognition of the value of diversion and home based supervision programmes • The development of a model for the management of children in conflict with the law. • Transporting of children designated to reform schools and schools of industry • Enactment of the Child Justice Bill would enforce services to children in conflict with the law by all stakeholders. • More funds are required to recruit and train more young people for the volunteer assistant probation officers ’programme