Transforming Prisons: New Beginnings

1. DEPARTMENT OF CORRECTIONAL SERVICES Department of Correctional Services Transforming prisons into correctional centres - places of new beginnings

2. DEPARTMENT OF CORRECTIONAL SERVICES The new Correctional Supervision and Parole Boards Presentation to the Select Committee October 2004

3. Mandate Department of Correctional Services Sections 39, 42, 52, 54, 70, 71, and 73 to 83 as well as 136 of the Correctional Services Act, Act 111 of 1998, as amended, provides the legislative mandate for the functioning of the Correctional Supervision and Parole Boards

4. Background Department of Correctional Services • System of parole previously severely based on the perception that it constituted administrative interference with sentences of imprisonment passed by a court of law. • System often accused of not being transparent and that it lacked independence in decision making. • System of parole is an internationally accepted practice. • Parole is aimed at managing the conduct of offenders by providing incentives for good behaviour and co-operation and also to allow for a controlled transitional period between imprisonment and normal community life.

5. Department of Correctional Services The functioning of the new Correctional Supervision and Parole Boards • The new legislation allows for the establishment of a transparent and fair parole system with the inclusion of key stakeholders outside of the Department in the decision making process. • Provision has been made for the appointment of a member from the community as full-time Chairperson. • Also, 2 members from the community for sittings of the Board (part-time)

6. Department of Correctional Services The functioning of the new Correctional Supervision and Parole Boards • Members from SAP, Justice may be co-opted • Where not co-opted, reports may be requested in respect of certain serious crimes • This new legislation has come into operation on 1 October 2004.

7. What is Parole Department of Correctional Services • 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 sentences of imprisonment, as imposed by a court of law • In our context it refers to a placement option from Correctional Centres into the system of community corrections • offender is released from Correctional Centres prior to the expiry of entire sentence of imprisonment to serve the remainder of the sentence outside of Correctional Centres subject to specific conditions. • Allows the offender to return to normal community life albeit under controlled conditions under the supervision of correctional officials.

8. Department of Correctional Services Functions of the new Correctional Supervision and Parole Boards • Consider report from the Case Management Committee – offenders serving more than 12 months • place an offender under correctional supervision or day parole or grant parole • Set the conditions of community corrections • Dangerous criminals – make recommendation to court • Life imprisonment – make recommendations to court • Cases for review – submit record of proceedings to the Review Board • Deal with litigation i.r.o. decisions taken by the Board • Sound administration of matters of the Board

9. Department of Correctional Services Seats of the new Boards • Mpumalanga/ North West/ Limpopo • Barberton – Lydenburg, Nelspruit • Bethal - Geluk, Standerton, Ermelo, Piet Retief, Volksrust • Witbank - Belfast, Middelburg, Carolina • Klerksdorp - Christiana, Wolmeranstad, Potchefstroom • Rooigrond - Lichtenburg, Zeerust • Rustenburg - Brits, Losperfontein, Mogwase • Polokwane - Modimolle, Tzaneen • Thohoyandou - Louis Trichardt, Kutama Sinthumule (APOPS)

10. Department of Correctional Services Seats of the new Boards • Gauteng • Baviaanspoort • Boksburg - Heidelberg • Johannesburg(2) • Krugersdorp • Leeuwkop(2) • Modderbee - Nigel, Devon • Pretoria(2) - Atteridgeville, Odi • Zonderwater

11. Department of Correctional Services Seats of the new Boards • Eastern Cape • Lusikisiki - Bizana, Mt Ayliff, Mt Fletcher, Mt Frere, Flaggstaff, Tabankulu, Umzimkulu • Middledrift - Fort Beaufort, King Williams Town, Grahamstown, Stutterheim • East London - Mdantsane • Umtata - Nggeleni, Mqanduli • Cradock - Burgersdorp, Middelburg, Somerset East, Graaff Reinet • St Albans - Port Elizabeth, Patensie • Sada - Queenstown, Barkley East, Sterkspruit, Butterworth, Idutywa, Willowvale, Lady Frere, Elliotdale, Nqamakwe, Cofimvaba, Engcobo, Dordrecht • Kirkwood - Jansenville

12. Department of Correctional Services Seats of the new Boards • Western Cape • Allandale - Staart van Paardeberg, Obiqua, Hawequa • Brandvlei • Drakenstein - Stellenbosch • George - Oudtshoorn, Beaufort Wes, Ladismith, Prince Albert, Uniondale, Mossel Bay, Knysna • Helderstroom - Caledon, Buffeljagsrivier, Swellendam • Malmesbury - Riebeeck West • Pollsmoor(2) - Goodwood • Voorberg - Calvinia, Van Rhynsdorp • Worcester - Dwarsrivier, Robertson, Warmbokkeveld

13. Department of Correctional Services Seats of the new Boards • Free State/ Northern Cape • Grootvlei - Brandfort, Boshof, Ladybrand, Winburg, Wepener, Mangaung (APOPS). • Colesberg - De Aar, Richmond, Victoria West, Hopetown. • Groenpunt - Vereeniging, Sasolburg, Frankfort, Parys, Heilbron. • Goedemoed - Edenburg,Fauresmith, Bethuli, Zastron • Upington - Springbok, Kuruman. • Kroonstad - Ventersburg, Senekal, Bethlehem, Lindley, Harrismith, Hennenman, Hoopstad, Odendaalsrus, Virginia, Ficksburg • Kimberley - Barkley-West, Douglas

14. Department of Correctional Services Seats of the new Boards • KwaZulu/ Natal • Pietermaritzburg - Sevontein, Ixopo, New Hanover • Durban(2) - Umzinto • Kokstad - Matatiële, Port Shepstone • Ncome - Vryheid, Nongome, Melmoth, Nkandla • Empangeni - Qulakabushe, Mtunzini, Maphumulo, Stanger, Eshowe, Ingwavuma • Waterval - Utrecht, Ekuseni, Newcastle • Glencoe - Dundee, Bergville, Ladysmith, Estcourt, Greytown, Kranskop, Pomeroy

15. Department of Correctional Services Process for recruitment/ appointments to the New Boards • Media & Marketing drive to inform public and possible candidates from the community - Imbizo by Minister during September, marketing by Regiognal Commissioners • Applications and nominations from the community for positions of Chair Person and representatives from the community were invited in National Media on 12 September 2004 i.e. Sunday Times, Rapport, City Press • Closing date for applications/ nominations was 1 October 2004 • Previous applications will also be considered (Closing date was 16 July 2004)

16. Department of Correctional Services Process for recruitment/ appointments to the New Boards • The Regional Commissioners should appoint task teams to scan CVs, apply the criteria and draw up the short lists • National Advisory Council on Correctional Services, Portfolio Committee and Select Committee invited to participate in the whole process committees have been advised that, in order to ensure a fair interviewing process, the members of a selection panel for a specific post should ensure their availability for the whole duration of the interviews for that specific post

17. Department of Correctional Services Process for recruitment/ appointments to the New Boards • Regional Commissioners to short list candidates and set up interview panels and finalise selection – currently in process - interviews to be completed by 12 November 2004. • Memorandums on appointments to be finalised by the Regional Commissioners and submitted to the DC HR Management for submission to the Commissioner/ Minister – to be submitted to the Minister by 1 December 2004.

18. Department of Correctional Services Process for recruitment/ appointments to the New Boards • After approval by the Minister, the DC HR Management informs the various regions and post letters of appointment and employment contracts to the successful candidates • Successful candidates report to the various Area Commissioners to finalise appointment and facilitate the signing of the contracts as from 1 January 2005. • As interim measure until appointment of Community representatives i.e. the Chair Person and the two others have been finalised, Boards will function with appointments of acting Chair Persons

19. Previous situation Chairperson A Member of the Institutional Committee Vocational staff such as social worker, psychologist (if available) Any person can be co-opted to give inputs regarding a specific case. Secretary New situation • Chairperson (community) • Vice Chairperson (DCS) • 2 Members of the Community • Member of SAPS (co-opted) • Member of Justice (co-opted) • Secretary (DCS) Note: All the above members will have a vote. Department of Correctional Services Comparison of the previous situation and the new situation

20. Previous situation The Board makes recommendations to the Minister or Commissioner (or delegated officials) for approval of release on parole or day parole or placement under correctional supervision New situation The Case Management Committee makes a submission to the Correctional Supervision and Parole Board who is independent in decision making in respect of placement on parole or correctional supervision Department of Correctional Services Comparison of the previous situation and the new situation

21. Previous situation The Minister decides on parole with regards to offenders serving life imprisonment upon recommendation of the National Council on Correctional Services ( NCCS) New situation “Lifers” sentenced prior to the enactment of new legislation will still be referred to the NCCS. Offenders sentenced to life imprisonment after promulgation ofthe new legislation will be referred to the court a quo for a decision on parole Department of Correctional Services Comparison of the previous situation and the new situation

22. Previous situation Victims or their next of kin may not attend hearings of the board nor may they make representations to the board New situation Victim or next of kin in the case of a deceased victim, may make written representation to the board or may even attend hearings of the board under certain circumstances Department of Correctional Services Comparison of the previous situation and the new situation

23. Chair meetings of the Board Ensure meetings are properly constituted Ensure proper recording of procedures Ensure objective and fair application of release policy Ensure fair representation of cases Assist with litigation i.r.o. decisions taken by the Board Ensure sound financial administration of the Board Liaise with stakeholders Manage members of the Board Department of Correctional Services DUTIES: CHAIRPERSON

24. Requirements RVQ13 plus 10 years managerial or community experience Active involvement in community based forums Valid code 08/ EB drivers license Must undergo vetting process Recommendations Extensive life experience Senior/ retired persons well known in the community Proven good standing in the community Special interest in the Criminal Justice System Excellent communication/ interpersonal/ analytical skills Experience as Chair Person Department of Correctional Services IDEAL PROFILE: CHAIRPERSON

25. Attend sessions of the Board when requested Act as facilitator of community re-integration on part of offender Protect interests of communiy/ offender/ State Perform tasks as determined by the board Maintain confidentiality regarding Parole Board meetings/ decisions and documentation. Department of Correctional Services DUTIES: COMMUNITY MEMBERS

26. Requirements Literate and conversant in English or the language spoken in that area. Proven respectable and acceptable person in community Resident in the specific community where the Board is seated Recommendations Matriculation certificate Experience in activities of community forums Experience in meeting procedures Special interest in the Criminal Justice System Department of Correctional Services IDEAL PROFILE: COMMUNITY MEMBERS

27. Chair Person Five year non-renewable contract Full time employment Level of Deputy Director R241 935 per annum Community Members Three year non-renewable contract Part time position Paid per hour when attending Boards meetings R103.59 per hour Department of Correctional Services APPOINTMENT CONTRACTS

28. Departmental orders aligned with new Act. Framework (guidelines) for consideration dates drafted. Duty sheets finalised. Training manual drafted and in process of alignment with NQF Standards - to be completed before 1 January 2005. Standardised procedures for the Boards have been drafted and are currently being finalised. Department of Correctional Services CHALLENGES

29. Correctional Services values your role in breaking the cycle of crime: in making rehabilitation work. Thank you Together we can strengthen the social compact against crime, for a better life.