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DEPARTMENT OF CORRECTIONAL SERVICES. INCEPTION OF NEW CORRECTIONAL SUPERVISION & PAROLE BOARDS. PURPOSE. TO INFORM ON IMPLEMENTATION OF NEW PAROLE BOARDS WITH REGARD TO FOLLOWING: Locating parole as part of rehabilitation & reintegration
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DEPARTMENT OFCORRECTIONAL SERVICES INCEPTION OF NEW CORRECTIONAL SUPERVISION & PAROLE BOARDS
PURPOSE • TO INFORM ON IMPLEMENTATION OF NEW PAROLE BOARDS WITH REGARD TO FOLLOWING: • Locating parole as part of rehabilitation & reintegration • Background information to inception of new Boards • Composition of Correctional Supervision & Parole Boards • Criteria for appointment of members of boards • Competencies • Appointment procedures • Nomination of applicants • Conditions of employment • Number of boards • Functions & responsibility • Task team • Way forward
BACKGROUND • During 1996, Minister requested National Advisory Council to re-evaluate release policies. • Minister announced that NACOCS proposal would be covered in new legislation, which would include: • Correctional Supervision & Parole Boards (CSPB) to be decentralized & structured to include all stake holders in Criminal Justice System as well as community members. • Proposed new CSPB to have recommendatory & decision-making competencies.
BACKGROUND (cont) • Draft Correctional Services Bill presented to Parliament in 1998 • Correctional Services Act approved by President in December 1998. • Constraints in 1999, ie finances & availability of personnel, new sections of Act relating to CSPB not implementable.
BACKGROUND (cont) • Act made provision that members of SAPS & DoJ be present at board sittings, if not, quorum could not be formed to take a decision. • Section 74 & 75 of Act made provision that such officials must participate on a full time basis. • During 1999 DoJ & SAPS informed Commissioner that they did not have manpower & funds to participate on a full-time basis. • Department proposed amendments to legislation to accommodate SAPS & DoJ.
BACKGROUND (cont) • Amendments to Act served before National Assembly. • On 14 December 2001 President ascended to amendments. • In 2001/02, Department conducted various work sessions in order to be proactive regarding future establishment of new Boards. • Work study report developed on appointment process, financial implications, training of personnel, logistical procedures & geographical location of Boards.
BACKGROUND (cont) • DCS met with DoJ, |NDPP & SAPS to determine their roles • Manpower implications for DoJ & SAPS must still be finalized. • Late 2002, Minister requested NCCS Chairperson to assist DCS with implementation & establishment process of new CSPB in 2003
BACKGROUND (cont) • Work session between NCCS & NMB of DCS (1 April 2003) convened to deliberate on progress already made with establishment of new CSPB. • Clarity was sought on following issues: • A common interpretation of Act • Alignment of parole with approach to rehabilitation • Identification of key outstanding logistical issues
COMPOSITION OF CORRECTIONAL SUPERVISION & PAROLE BOARDS • Section 74 of Act 111 specifies composition of CSPB as being chairperson, vice chairperson, 2 members of community & 1 official from DCS. • Act does not specify if chairperson or vice chairperson must be appointed from community &/or Department. • During work session proposed that Chairperson & Vice Chairperson be appointed from community. • Department endorses in long term that chairperson & vice chairperson should both be community members. • Due to financial constraints, logistical arrangements need for transitional arrangement from old to new Parole Board & to ensure alignment of CSPB with new strategic direction of DCS, proposal is to appoint Chairperson from community & Vice Chairperson from DCS as an interim, transitional arrangement
LOCATING PAROLE AS PART OF REHABILITATION & REINTEGRATION • DCS understanding of rehabilitation as a process of correcting offending behaviour, promoting social responsibility & human development, as well as ensuring successful community reintegration • Rehabilitation & reintegration are key elements of avoiding recidivism • Incarceration is not always best environment for rehabilitation • Part of rehabilitation is support during reintegration process into community • Parole is: • a control mechanism to assist with reintegration of persons into community & • simultaneously a continuation of rehabilitation in a community environment
OUTSTANDING ISSUES • Work session identified key outstanding issues that DCS was tasked to clarify: • Conditions of employment/contract regarding community members & officials; • Selection Criteria, appointment procedures & remuneration regarding officials; • Responsibility of CSPB & their line function of reporting; • Number & geographical location of fixed & roving CSPB.
DCS PROPOSALS • DCS Management Board workshop (12 May 2003) interrogated outcome of April work session, as well as outstanding issues. • Following slides deal with proposals developed for submission to Minister that will form basis for establishment & implementation of new CSPB • Note: Establishment of CSPB to be part of restructuring of DCS. Lines of accountability & work processes to be determined on basis of new organization structure with due cognizance of migration plan to new structure & necessary transitional arrangements
COMPOSITION OF CORRECTIONAL SUPERVISION & PAROLE BOARDS • Composition of Board will be as follows for purposes of a transitional period: • Chairperson Community member • Vice chairperson DCS • x2 Community members Local community • Secretary DCS • Police & Justice members to be co-opted as needed.
CRITERIA FOR APPOINTMENT OF COMMUNITY MEMBERS Life experience Maturity Work experience Community involvement Good standing in community Respected in community / Person of stature Inspires confidence in entire community Involvement of local authorities Integrity Credibility Experience & professionalism in making rational & balanced decisions Commitment to a corruption free administration & a clear record of honesty Understanding of Correction as a social responsibility
COMPETENCIES • Competencies of CSPB members determined & will form basis for advertisement & appointment process • Key aspects identified as important: • Confidentiality in terms of CSPB meetings, decisions & documentation • Preferably legal & behavioral science background • Literacy skills, must understand order of procedures at meetings
APPOINTMENT PROCEDURES • Develop a communication strategy • Proposals on post levels, remuneration & contractual employment have been determined • A call for nominations & applications for community posts will be advertised • Selection panels will be appointed by Commissioner for six Regions under chairpersonship of respective Regional Commissioner, including a member of National Council on Correctional Services with a view to represent community • Minister will approve appointment of successful candidates & DCS personnel
CONDITIONS OF EMPLOYMENT • Chairperson 5-year contract, non-renewable • Community members 3-year contract with possibility of one renewal • Vice chairperson DCS member until transitional period has expired • Job description To be incorporated into final submission to Management, National Council & Minister • Vetting procedure To be conducted in short listing process
NUMBER OF BOARDS • At least one board per Area Commissioner / 48 management areas • Task Team to look into: • 5 larger management areas where one parole board will be insufficient • Those management areas where geographical location of correctional centres is widespread with view to establishing roving parole boards
RESPONSIBILITY OF BOARDS • Policy framework for CSPB currently being finalized by Task Team, prior to final submission to Management Board / Minister during June 2003 • Parole placement policy to guide decision making processes of CSPB to ensure compliance with legislation & departmental approach to rehabilitation is currently being developed. • CSPB will report outcomes of their deliberations to relevant Regional Commissioner’s office (Head: Corrections)
DCS RESPONSIBILITIES TO BOARDS • For logistical purposes, Area Commissioner will provide necessary assistance regarding structures & administration • Monitoring component regarding CSPB in Head Office will reside under Chief Deputy Commissioner: Corrections. • Restructuring Task Team will align new boards & serving officials on CSPB with process of restructuring. • Regional Commissioner will recommend referral of cases to Review Board (NCCS) via submission to CDC Corrections • Referral of cases to Review Board is responsibility of Commissioner & Minister
TASK TEAM • Task team to administer process of establishment of new CSPB must be expanded to include: • Director: Prison Services (Convenor) • Representative from: • Prison Services • Development Programs • Communication Services • Human Resource Maintenance • Human Resource Development • Facilities Management • Director: Financial Planning • Director: Legal Services • DD: Organization & Work Study • Three (3) officials from existing parole boards
WAY FORWARD • Current work study report must be revisited & aligned to include all matters referred to above. • Development of appropriate training for CSPB members • Implementation plan to be developed once work study report has been finalized. • Report & implementation plan will serve before National Management Board & then be forwarded to Minister. • Minister will consult with NCCS & Portfolio Committee on Correctional Services • New CSPB will be implemented on basis of approval of work study report & implementation plan by Minister.