Build a caring correctional system that truly belongs to all

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REPORT ON SPECIAL REMISSION 2005
Build a caring correctional system that truly
belongs to all
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Index

• Background
• Rationale
• Approval
• Implementation plan
• Implementation
• Release schedule
• Total of releases from Community Corrections
• Breakdown of releases from Community Corrections
  (per Region)
• Total releases from Correctional Centers

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Index (cont..)

• Breakdown of releases from Correctional Centers
  (10 August)
• in regions to external service providers
• Re-offending
• Breakdown of re-offending
• Experience
• Recommendations

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Rationale

• Granting of pardon, reprieve of offenders,
  amnesty special remission
• enshrined in Constitution
• normal international practices of managing
  delivery of Correctional Services in Democracies
  around world, usually marking special event
• Approach of White Paper which places public
  safety first promotes shared responsibility for
  correcting offending behavior rehabilitation is
  paramount to governments programme of granting
  special remission to offenders

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Rationale

• In terms of Chapter 5, Section 84 (2) (j) of the
  Constitution
• the President is responsible for (j)
  pardoning or re prieving offenders and remitting
  any fines, penalties or forfeitures
• President requested then Minister of Correctional
  Services to develop proposal around amnesty for
  offenders as part of 10 years Democracy
  celebrations in 2004
• Management established departmental task team to
  do groundwork in March 2004

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Rationale

• Cabinet Memorandum submitted by DCS with specific
  factors taken into consideration
• Continued zero tolerance towards aggressive,
  sexual, fire-arm drug related offences
• Public interest concern
• Integrity of Justice System
• Safety security of public
• Interests of victims of crime
• Repeat offending by those who gained from
  remission of sentence

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Rationale

• Department of Correctional Services recommend
• Maximum of 3 months special remission of sentence
  to all prisoners, probationers, parolees day
  parolees irrespective of crime committed
• Additional maximum of 7 months special remission
  of sentence to all prisoners, probationers,
  parolees day parolees serving sentences for
  crimes other than aggressive, sexual drug
  related crimes

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Approval

• Cabinet approved that President can be approached
  for granting of Special Remission (amnesty) to
  sentenced offenders/probationers parolees with
  following recommendations
• Compulsory pre-release programme
• Inclusion of Restorative Justice
• Involvement of NGOs, CBOs, FBOs in pre-release
  programmes
• Staggering of releases
• Priority to be given to children, youth, females,
  females with babies, elderly people with
  disabilities
• JCPS led by GCIS to develop communication
  strategy in consultation with DCS

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Approval (cont..)

• President approved
• Maximum of 6 months special remission of sentence
  to all prisoners, probationers, parolees day
  parolees irrespective of crime committed
• Additional maximum of 14 months special remission
  of sentence to all prisoners, probationers,
  parolees day parolees serving sentences for
  crimes other than aggressive, sexual, fire-arm
  drug related crimes
• Other exclusions Those sentenced under Mental
  Health Act those that had escaped were still
  at large by 30th May 2005
• Minister mandated by Cabinet to announce Special
  Remission in Cabinet

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Implementation plan

• Planning process considered following
• Establishment of structures on National, Regional
  local level to provide strategic leadership,
  monitor, coordinate oversee implementation
• Listing all relevant documentation to provide
  information establishment of computer systems
  to facilitate capturing of data
• Identification of stakeholders to be included in
  awareness raising process to obtain buy-in
  support
• Identification of master trainers to train
  correctional officials professionals to
  implement special remission

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Implementation plan (cont..)

• Consideration of assessment tool compulsory
  pre-release programme to identify needs risks
  prior to release
• Preparation of schedule to facilitate staggered
  release process
• Establishment of system to monitor evaluate
  implementation process
• Development of Communication strategy

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Implementation

• Structures established on National, Regional
  local level to ensure compliance commitment
  during implementation
• Developed guidelines, relevant documentation IT
  systems to ensure uniformity common
  understanding
• Briefing sessions of all stakeholders to obtain
  buy-in support regarding presentation of
  programmes to assist offenders referred for
  continuation of programmes where needs/risks were
  identified
• External
• Other government departments
• NGOs, CBOs FBOs
• Family friends of offenders
• Communities
• Media

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Implementation (cont..)

• Internal
• All correctional officials
• Offenders
• Training of master trainers to train correctional
  officials professionals to implement special
  remission
• Development of assessment tool compulsory
  pre-release programme
• Scheduling releases to facilitate staggered
  release process
• Establishing Operational Centre toll-free
  number to ensure access to information by public

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Implementation (cont..)

• Developed frequently asked questions answering
  system
• Monitored implementation
• Daily meetings
• Daily telephone conferencing (National
  Regional)
• Daily reports to senior management Ministry
• Wide media coverage in both electronic printed
  media

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Release Schedule
Week 130/05 03/06 Admin/Assessment/Pro-grammes as well as releases from Community Corrections
Week 2 06/06 10/06 Admin/Assessment/Pro-grammes as well as releases from Community Corrections
Week 3 13/06 17/06 Females/children/youths/ages/disabled irrespective of sentence category
Week 4 20/06 -24/06 Sentence group 0-12 months
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Release Schedule (cont)
Week 5 27/06 01/07 Sentenced group gt12 24 months
Week 6 04/07 08-07 Sentenced group gt2 3 years
Week 7 11/07 15/07 Sentenced group gt 3 5 years
Week 8 18/07 22/07 Sentenced group gt 5 7 years
Week 9 10 25/07 09/08 Sentenced group gt 7 years
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Totals of releases from Community Corrections

• Releases from Community Corrections commenced
  from 3 June 2005 to create capacity within system
  was finalized on 10 June 2005
• Total number of 33,972 probationers parolees
  benefited from Special Remission

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Breakdown of releases from Community Corrections
(per Region)
East Cape Gaut KZN LMN NC Free-state West Cape
5 243 5 093 5 279 8 530 4 400 5 427
Total 33 972 Total 33 972 Total 33 972 Total 33 972 Total 33 972 Total 33 972
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Total releases from Correctional Centers

• Total releases from Correctional Centers 13 June
  2005 to 10 August 2005
• Week 3 (11 17 June) 9,975
• Week 4 (18 - 24 June) 5,265
• Week 5 (25 Jun 1 July) 3,560
• Week 6 (3 9 July) 3,678
• Week 7 (10 -16 July) 3,263
• Week 8 (18 -22 July) 2,296
• Week 9 -10 (25 July 10 Aug) 3,828
• Total releases on 10 August 31,865
• Conditionally 11,501 (released into Community
  Corrections )
• Unconditional 20,364

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Breakdown of releases from Correctional Centres
(10 Aug)
Category Conditional Unconditional Total
Children lt 18 307 849 1,156
Youth (18 -25) 3,287 8,124 11,411
Age 26- 65 7,775 11,233 19,008

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Breakdown of releases from Correctional Centres
(10 Aug cont.)
Category Conditional Unconditional Total
Elderly gt 65 112 130 242
Disabled 20 28 48
Total 11,501 20,364 31,865
Of above figures on all age groups number of females in all categories are 1,202 Of above figures on all age groups number of females in all categories are 1,202 Of above figures on all age groups number of females in all categories are 1,202 Of above figures on all age groups number of females in all categories are 1,202
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Mothers babies (released in first week 13-17
June)

• Western Cape 7
• Eastern Cape 4
• Free State/NC 3
• Gauteng 8
• LMN 3
• KZN 9
• Total 34

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Foreign Nationals

• Western Cape 19
• Eastern Cape 10
• Free State/NC 28
• Gauteng 220
• LMN 118
• KZN 16
• Total 411

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Referrals in Regions to external service providers

• Western Cape 22
• Eastern Cape 121
• Free State 192
• Gauteng 7
• LMN 100
• KZN 180
• TOTAL 622

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Summary of releases

• Total of 65,837 offenders benefited from Special
  Remission were released in 10 week period
• 33,972 from Community Corrections
• 31,865 from Correctional Centres

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Re-Offending

• The Department condemns any act of re-offending
  especially those who have benefited from being
  given a 2nd chance.
• The Department conveys its sympathy to all
  victims of re-offenders and hereby reiterates the
  importance of the role of the family in
  prevention of re-offending.
• DCS is central to the campaign of no violence
  against women and children

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Re-offending

• On 10 August 2005 total number of 157 offenders
  who benefited from Special Remission have been
  admitted to Correctional Centers as Awaiting
  Trial Detainees
• Interviews are being conducted by social
  workers/psychologists to establish possible
  causal factors for alleged re-offending

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Breakdown of Re-offending

• Status in Regions
• Western Cape 61 (including 1 female)
• Eastern Cape 34 (including 1 female)
• Free State/NC 45 (including 2 females)
• Gauteng 3 (including 1 female)
• LMN 10 (including 1 female)
• KZN 4
• Total 157 (6 females)

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Re-Offending (cont..)

• Of the 65,837 offenders released during Special
  Remission a total of 157 offenders were
  re-admitted to Correctional Centres after
  re-offending during this 10 week period (0,23)
• Alleged crimes committed mainly economical crimes
  e.g. 58 Housebreaking theft, 33 theft) as well
  as 13 robbery, 8 rape 3 murder, etc.

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Experience

• Departmental
• Initial planning, coordination adequate
  timeframes assisted in smooth roll-out process of
  Special Remission
• Support, cooperation, teamwork commitment on
  all departmental levels resulted in common
  purpose for all
• Teamwork in DCS resulted in cohesion between
• National Office Regions
• Custodial professional staff

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Experience

• Departmental contd
• Process set new service level standard with
  regard to assessment pre-release programmes
• New learning experiences were created transfer
  of knowledge skills which can serve as basis
  for future projects and/or similar programmes was
  realized (every member is rehabilitator)

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Experience

• Partnerships
• Willingness commitment to assist DCS from all
  stakeholders strengthened partnerships enhanced
  Special Remission process (e.g. In first week
  Premier in Free State/Northern Cape and senior
  government officials in Eastern Cape attended
  launch)
• Existing partnerships with external service
  providers such as Nicro, Khulisa SANCA was
  enhanced new partnerships with others (e.g.
  SACC) were forged
• Departmental strategic objective of advancing
  corrections as societal responsibility was
  promoted
• Positive feedback from all stakeholders (e.g.
  Inspecting Judge, NCCS, and other members of
  Parliament)
• Media coverage was positive

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Recommendations

• Rationale for granting of Special Remission of
  sentence should mark/celebrate special national
  event in South Africa
• Coherent message on Special Remission must be
  communicated to all relevant stakeholders to
  create common understanding
• Adequate time to prepare mobilize society to be
  ready for re-integration of released offenders
  must be provided

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Recommendations

• Adequate time for DCS to put structures,
  training, programmes and/or processes in place
  must be provided
• Processes followed during Special Remission
  should be well-documented to inform
  similar/future projects

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Recommendations

• Good practices identified during Special
  Remission process should be continued expanded,
  for example
• Continuation of Assessment pre-release
  programmes
• Strengthening of partnerships with external
  service providers
• Referrals to external service providers according
  to identified risks/needs
• Utilization of custodial members to provide
  didactic programmes
• Computerized programmes established for early
  identification of re-offenders entering
  correctional system

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Thank you Together we can
Build a caring correctional system that truly
belongs to all