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PRESENTATION TO THE PORTFOLIO COMMITTEE SOUTH AFRICAN PAROLE SYSTEM AND OFFENDER REINTEGRATION 02 June 2015. PART ONE. CONTENT. Purpose and Mandates What is Parole / Purpose of Parole Sentence Type and Crime Categories Case Management Cycle Delegation of authority
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PRESENTATION TO THE PORTFOLIO COMMITTEESOUTH AFRICAN PAROLE SYSTEM AND OFFENDER REINTEGRATION02 June 2015
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
PURPOSE To brief the Portfolio Committee on the South African Parole System and new approach towards short term offenders
MANDATES • 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
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.
PURPOSE OF PAROLE • 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
Admission Placement Assessment and Classification Disapprove Approve Disapprove CASE MANAGEMENT Process during which the progress of the offender ito CSP is monitored and ammended HCC CSPB Profiling Offender CMC (Parole recomm) CSP CMC approves CSP CRT CMC 3/6/12 monthly progress & Re-classification Housing unit (Intervention/ Services) CRT (3/6/12 monthly) Intervention/ Services 9
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
CORRECTIONAL SUPERVISION AND PAROLE BOARDS • 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
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.
CASE STUDY 1 • Date of sentence: 2014-03-30 • Offence: Theft • Sentence: Three (3) years imprisonment in terms of 276 (1)(b) • Other factors: First time offender, involved in all relevant developmental and rehabilitation programmes, no disciplinary offence, good behaviour and positive support system. • Possible placement date: 2014-03-29 + 01-06-00 2015-09-29 – any day after this date an offender may be placed on parole placement
CASE STUDY 2 • Date of sentence: 2014-03-30 • Offence: Theft • Sentence: Three (3) years imprisonment in terms of 276 (1)(b) where the court set non-parole period in terms of 276B(1) – where the court ordered that the offender must not be placed on parole before having served two(2) years in this case. (The court may fix a non- parole period not exceeding 2/3 of the sentence) • Other factors: First time offender, involved in all relevant developmental and rehabilitation programmes, no disciplinary offence, good behaviour and positive support system • Possible placement date: 2014-03-29 + 02-00-00 2016-03-29 –any day after this date an offender may be placed on parole placement
CASE STUDY 3 • Date of sentence: 2014-03-30 • Offence: Theft • Sentence: Three (3) years imprisonment in terms of 276 (1)(i) • Other factors: First time offender, involved in all relevant developmental and rehabilitation programmes, no disciplinary offence, good behaviour and positive support system • Possible placement date: 2014-03-29 + 00-06-00 2014-09-29 – any day after this date an offender may be placed under correctional supervision placement
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
CONSIDERATION PROCESS • 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
DOCUMENTS/ INPUTS CONSIDERED BY CSPB • Report from the CMC (G326 – Profile Report) • Representation by complainant/victim • Report by SAPS / DoJ&CD • Representation by offender
REPORT FROM CMC • The 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
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
INPUTS BY VICTIM • Any complainant / victim may present inputs either orally, in writing or by audio visual submission. Section 299A of CPA 51 of 1977, Section 75(4) of CSA, Act 111 of 1998 • Content of presentation: • Complainant impact statement • Statement of opposition • Recommendations on placement conditions
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.
Conversion of a sentence of imprisonment into correctional supervisionSection 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. SECTION 276A(3)(a): CONVERSION OF SENTENCES
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
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
PLACEMENT CONDITIONS Conditions 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
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
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
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
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
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
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
SUMMARY REMARKS • 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)
