PAROLE POLICY

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PAROLE POLICY AND ACCESS OF PRISONERS TO
JUDICIAL INSPECTORATE Department Of Correctional
Services Presentation to Portfolio Committee on
Correctional Services Tuesday 30 April 2002
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PAROLE

• Conditional release of an offender
• after serving specific portion of his/her
  sentence
• under continued custody of State,
• under conditions that permit his/her
  incarceration in community.

PAROLE BOARD
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CONTEXT OF PAROLE BOARDS

• DCS focus on enhancement of rehabilitation and
  reintegration of offenders as law abiding
  citizens
• Parole Board as mechanism for ensuring that
  offenders are not reintegrated without evaluation
  of success of offenders rehabilitation
• Parole Board as safety mechanism to ensure
  community is not put unduly at risk by
  reintegration

PAROLE BOARD
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CONTEXT OF PAROLE BOARDS

• DCS commitment to Restorative Justice
• Impacts on nature of Parole Boards and role of
  Parole Board processes
• Community as victim representative now active in
  Parole Board process.

PAROLE BOARD
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IMPLEMENTATION OF NEW ACT

• Sections of the New Act on Parole Boards, as
  amended, can only been implemented when
• Internal policy process is complete
• B Order as operational policy is updated re
  Amendments and finalised
• Appointment process is finalised
• Conditions of Service and Contracts for
  appointment are finalised
• Appointments have been made
• Training of members of Parole Boards has taken
  place
• Logistical arrangements are in place

PAROLE BOARD
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TRANSITIONAL ARRANGEMENTS

• Once in place, New Parole Boards will have to act
  in accordance with Transitional provisions of new
  Act, No 111 of 1998
• Any person serving sentence of imprisonment,
  currently in prison system, will be considered
  for release in terms of policy and guidelines
  applied by former Parole Boards.
• This stipulation of new Act will not discredit
  prisoner who is currently in prison system that
  must be considered for possible parole placement.
  
• Only new admissions will be dealt with in terms
  of new Act when parole placement or release is
  considered

PAROLE BOARD
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IMPLEMENTATION PROGESS REPORT

• Work session on establishing New Correctional
  Supervision and Parole Boards was conducted on 4
  October 2001.
• October 2001 Draft document compiled
  communicated to all Provincial Commissioners for
  comments/inputs.
• Inputs consolidated into second draft document -
  to be deliberated 8 9 May 2002 with all
  relevant role players.
• Policy process re establishment, functioning and
  staffing of parole boards to be finalised
  May/June 2002

PAROLE BOARD
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KEY CHALLENGES IN ESTABLISHING BOARDS

• Key issues identified in current process that
  require finalisation
• How community representation on Parole Boards to
  be obtained proposal that experience of
  appointment of IPVs be utilised
• Conditions of services and Contract period of
  community representatives
• Criteria for appointment of chair people and vice
  chair people given complexity of remission,
  credit system and non-parole period systems

PAROLE BOARD
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IMPLEMENTATION PROGRESS REPORT (contd)

• New B Order on Parole Boards drafted - covers
  functions of Board, work procedures, etc
• - to be updated in relation to Amendment to Act,
  and
• to be approved by Executive May/June 2002
• B Order implementation goes hand in hand with
  implementation of relevant sections of Act 8
  months until New Boards are put into place
  December 2002

PAROLE BOARD
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IMPLEMENTATION PROGRESS REPORT (contd)

• Concern on possible need for regulations on
  implementation of the Act
• Interaction between Commissioner and Chairperson
  of National Council
• Proposal DoJ representatives to join 8 9 May
  2002 Work Session and to study Policy for
  Establishment and Draft B Order to determine need
  for draft regulations.

PAROLE BOARD
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IMPLEMENTATION PROGRESS REPORT (Contd)

• Process being driven through Chief Directorate
  Offender Control in consultation with Corporate
  Services Branch
• Management will keep Minister and National
  Council advised regarding implementation process.
  

PAROLE BOARD
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END OF PART ONE OF PRESENTATION THANK YOU
PAROLE BOARD
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PART TWOPRISONERS ACCESS TO JUDICIAL
INSPECTORATE
PRISONERS' COMPLAINTS ACCESS
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INTRODUCTION

• Section 85 of Act 111 of 1998 provides for
• establishment of independent office, called
  Judicial Inspectorate, under control of
  Inspecting Judge.
• The object of the Judicial Inspectorate is to
  facilitate the inspection of prisoners in prisons
  and of conditions and any corrupt or dishonest
  practices in prisons.

PRISONERS' COMPLAINTS ACCESS
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NATURE OF INSPECTORATE

• DCS recognises Inspectorate as independent
  statutory body,
• Which is not an extension or arm of DCS
• Which serves key monitoring role over
  implementation of policy in DCS
• Which can assist Commissioner and his Senior
  Management in their management responsibilities.
• Inspecting Judge and Judicial Inspectorate do not
  have any disciplinary powers in respect of
  Correctional Officials or prisoners.

PRISONERS' COMPLAINTS ACCESS
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CONTEXT OF INSPECTORATE

• Provisions of Act relating to establishment of
  Inspectorate, its objectives and its purpose,
  must be construed against background of new
  philosophy or culture concerning administration
  of prisons and treatment of prisoners in South
  Africa.

PRISONERS' COMPLAINTS ACCESS
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NEW APPROACH

• New approach of DCS reflected in Act no 111of
  1998 s2
• Purpose of correctional system is to contribute
  to maintain and protecting a just, peaceful and
  safe society by
• Enforcing sentences of courts in manner
  prescribed by Act
• Detaining all prisoners in safe custody whilst
  ensuring their human dignity and
• Promoting social responsibility and human
  development of all prisoners and persons subject
  to community corrections.

PRISONERS' COMPLAINTS ACCESS
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NEW APPROACH (contd)

• Department must take necessary steps to ensure
  safe custody of every prisoner and to maintain
  security and good order in every prison.
• Duties and restrictions imposed on prisoners to
  ensure safe custody by maintaining security and
  good order must be applied in such a manner that
  conforms to their purpose and do not affect
  prisoner to greater degree or for longer period
  than necessary.

PRISONERS' COMPLAINTS ACCESS
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NEW APPROACH (contd)
Minimum rights of prisoners entrenched in Act 111
of 1998 must not be violated and may not be
restricted for disciplinary or any other
purpose. The Department must fulfill purpose of
correctional system in terms of this Act. s3(2)
(1) Every prisoner is required to accept
authority and to obey lawful instructions of
Commissioner and Correctional Officials of
Department and custody officials. s4
PRISONERS' COMPLAINTS ACCESS
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APPOINTMENT OF IPVs
Access of prisoners to Inspecting Judge is
ensured by appointment by Inspecting Judge of
Independent Prison Visitors (IPVs) at every
prison (s92 of Act) To date 163 IPVs appointed to
all provinces except E Cape Interviews for E Cape
scheduled to take place 29 April 7 May 2002
PRISONERS' COMPLAINTS ACCESS
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KEY ASSESSMENTS

• Overall IPV system successful as monitoring
  mechanism that helps to upgrade quality of
  delivery
• Still pockets of resistance to IPVs from
  elements of Prison Managements
• Overall assessment that criteria used in
  appointment of IPVs are appropriate
• Concern in isolated instances over professional
  bearing of and appropriate dressing for prison
  environment of IPV

PRISONERS' COMPLAINTS ACCESS
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KEY ASSESSMENTS

• Concern over IPV requests for copies of
  confidential documents
• Approach is to provide access to and not copies
  of such documents, with authorisation of offender
  where appropriate
• Need for system for offender to authorise access
  to confidential medical, psychological and
  evaluation reports.

PRISONERS' COMPLAINTS ACCESS
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KEY ASSESSMENTS
Time periods stipulated in IPV Reports for DCS to
act on reports adequate IPVs need better
understanding of structure, internal policy and
lines of communication in DCS in order to assess
reasonableness of delays in response to prisoner
needs
PRISONERS' COMPLAINTS ACCESS
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CONCLUSION
Visits by Judicial Inspectorate are welcomed
because they are regarded as an effective
management tool. Frequency of complaints and
requests often serve as barometer regarding
maintaining of standards requiring continuous
control/ endeavours. Contributes towards humane
detention of prisoners and sound prisoner
population.
PRISONERS' COMPLAINTS ACCESS
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END OF PART TWO OF PRESENTATION THANK YOU.
PRISONERS' COMPLAINTS ACCESS
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BACKGROUND INFORMATION FOR PART ONE OF
PRESENTATION
PAROLE BOARD
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PAROLE PLACEMENT CURRENT LEGISLATION

• In terms of s63 of Correctional Services Act, No
  8 of 1959
• Every prisoner serving a sentence longer than 6
  months must appear before a Parole Board.

PAROLE BOARD
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PAROLE PLACEMENT contd

• Parole Boards must submit report to Commissioner
  or Minister w.r.t.
• conduct, adaptation, training, aptitude, industry
  and physical and mental state of prisoners and
  possibility of their relapse into crime.
• recommendations regarding
• placement of prisoners on parole i.t.o. section
  65 or on day parole i.t.o. section 92A,
• applicable supervision,
• period for which, and conditions under which
  prisoners should be so placed.

PAROLE BOARD
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FUNDAMENTAL PRINCIPLES RE SECTION 65

• A prisoner must be released upon expiry of
  his/her term of imprisonment.
• But, prisoner may be placed under Correctional
  supervision, on day parole or on parole before
  his/her term of imprisonment has expired.

PAROLE BOARD
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FUNDAMENTAL PRINCIPLES contd

• A prisoner serving determinate sentence shall not
  be considered for placement on parole until
  he/she has served half (½) of term of
  imprisonment.
• Consideration date may be brought forward by
  number of credits earned by prisoner for good
  conduct and adaptation.
• However, no prisoner may be released on parole
  before serving at least one third of a
  determinate sentence.

PAROLE BOARD
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FACTORS FOR CONSIDERATION IN PAROLE PROCESS

• Nature and seriousness of offence committed
• Crime history
• Prisoners behaviour, adaptation, reaction to
  treatment and development programmes
• Remarks/comments made by sentence imposer upon
  imposition of sentence.
• Achievements in prison
• Risk posed to community if released conditionally.

PAROLE BOARD
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STRUCTURE

• Act 8 of 1959 - Board comprises of
• Chairperson
• Member from Institutional Committee
• Vocationalists such as Social Worker,
  Psychologist in DCS
• Secretary from DCS
•  Persons may be co-opted (vocationalists)

• Act 111 of 1998 - Board comprises of
•  Chairperson
• Vice Chairperson
• Member of SAPS (co-opt)
• Member of Dept of Justice (co opt)
• Two officials of DCS of whom one will be
  secretary
• Two members of Community.
• Persons may be co-opted (vocationalists)

PAROLE BOARD
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PROCEDURES

• Current Legislation
• Board makes recommendations to Commissioner or
  Minister for approval of parole/correctional
  supervision
• Prisoners sentenced to life imprisonment are
  referred to National Council on Correctional
  Services to advise Minister.
• Minister approves or disapproves.

• New Legislation
• Board takes decisions regarding
  parole/correctional supervision and as such
  approves or disapproves
• Prisoners declared as dangerous as well as
  prisoners sentence to life imprisonment will be
  referred back to court a quo for decision.

PAROLE BOARD
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PROCEDURES (contd)

• Offender physically appears before Parole Board
  without representation.
• Commissioner or Commissioners delegated official
  approves parole.

• Offender physically appears before Parole Board,
  but he/she may be represented by any person,
  excluding fellow prisoner, member of DCS, SAPS or
  Department of Justice.
• Correctional Supervision and Parole Board
  considers and approves parole.

PAROLE BOARD
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CREDIT SYSTEM PAROLE

• Current Legislation - 
• Credit system is used to determine consideration
  date for parole placement.
• Credit system implies that prisoner can be
  considered for parole placement on completion of
  approximately 1/3 of his/her sentence (emphasis
  is placed on consideration and not automatic
  release).

PAROLE BOARD
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REPLACEMENT OF CREDIT SYSTEM

• New legisation -
• Credit system will be repealed.
• Courts may determine non-parole period, which may
  not exceed 2/3 of relevant sentence imposed.
• If non-parole period is not fixed, offenders will
  have to serve ½ of sentence or 25 years,
  whichever is shortest, prior to parole
  consideration.

PAROLE BOARD
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REPLACEMENT OF CREDIT SYSTEM(contd)

• Persons sentenced to legislatively prescribed
  sentences will serve following period prior to
  parole consideration
• Habitual criminals 7 years prior to parole
  consideration but must be released once 15 years
  been served.
• Life imprisonment 25 years of sentence or if
  attaining age of 65 years after completion of 15
  years of such sentence.  

PAROLE BOARD
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CONDITIONS OF PAROLE

• No parolee is admitted to system of Community
  Corrections unless
• he/she has confirmed address that can physically
  be monitored and
• he/she is cared for in community.
• he/she accepts certain conditions with which
  he/she must comply during period in Community
  Corrections

PAROLE BOARD
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CONDITIONS (contd)

• Agreed on Conditions include
• House Detention or confinement during period of
  time that offender is not at work or attending
  programmes
• Confined to certain Magisterial district
• May not use or abuse drugs/alcohol
• May not commit crime during parole period
• May not abscond from system
• Monitored physically at his/her home address at
  any time of day or night

PAROLE BOARD
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CONDITIONS (contd)

• Agreed on Conditions include
• Telephonic contact at his/her house or work place
• Must pay compulsory visits to Community
  Corrections Office at specified times
• Must attend correctional programmes at Community
  Corrections offices or other specified
  institutions

PAROLE BOARD
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STATISTICS RELATED TO CONDITIONAL RELEASE OF
PRISONERS
Under Correctional Supervision 23 583 Under
Parole Supervision 49 535 TOTAL
73 388
PAROLE BOARD
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BACKGROUND INFORMATION FOR PART TWO OF THE
PRESENTATION
PRISONERS' COMPLAINTS ACCESS
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DEALING WITH COMPLAINTS REQUESTS OF PRISONERS
Head of Prison must provide prisoners with names
of Independent Prison Visitors (IPV), visiting
times, and procedures to be followed by prisoners
if they want to see IPV. As soon as Head of
Prison becomes aware of date and time on which
IPV is to visit, he/she must inform prisoners.
PRISONERS' COMPLAINTS ACCESS
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COMPLAINTS REQUESTS OF PRISONERS (contd)
Names of prisoners who want to see IPV, must be
recorded in complaints and requests register
Prisoners must be present during visit by
IPV Any prisoner has right to lay complaint with
Inspecting Judge and IPV without intervention of
Department.
PRISONERS' COMPLAINTS ACCESS
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COMPLAINTS REQUESTS OF PRISONERS (contd)
Inspecting Judge/IPV will conduct investigation
regarding complaint of prisoner if prisoner
directs his/her complaint by means of sworn or
confirmed statement to Inspecting Judge/
IPV. Complaint can also be directed in writing to
Inspecting Judge/IPV. Prisoners may not be
prevented from laying a complaint with Inspecting
Judge/IPV.
PRISONERS' COMPLAINTS ACCESS
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COMPLAINTS REQUESTS OF PRISONERS (contd)
In terms of s93 of Act 111 of 1998, IPV has
authority to conduct private interviews with
prisoners and record complaints in complaints
register. Prisoner directing him/herself to
Inspecting Judge by means of official channel or
non-official channel, is not guilty of an offence
of Correctional Services Act and Regulations.
PRISONERS' COMPLAINTS ACCESS
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COMPLAINTS REQUESTS OF PRISONERS (contd)

• Information to be included in complaint referred
  to Inspecting Judge
• Nature of complaint/suspicion
• Grounds on which complaint/suspicion is based,
  and
• All other relevant information complainant has.

PRISONERS' COMPLAINTS ACCESS
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IPV ROLE

• Visit all sections and cell accommodation where
  prisoners are incarcerated.
• Visit prison regularly.
• Head of Prison makes appropriate security
  arrangements.
• Interview prisoners.
• Enquire about specific complaint conditions in
  prison and treatment of prisoners.

PRISONERS' COMPLAINTS ACCESS
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IPV ROLE (contd)

• Ensure that complaints are recorded in G365
  register.
• Monitor G365 complaints register.
• Identify unresolved complaints. (14 Days limit)
• Discuss unresolved complaints with Head of
  Prison and arrange schedule for private
  consultations with prisoners.

PRISONERS' COMPLAINTS ACCESS
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IPV ROLE (contd)

• Conduct private consultation and complete record
  of complaint
• Refer urgent/confidential or unresolved
  complaint to Office of Inspecting Judge.

PRISONERS' COMPLAINTS ACCESS
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END THANK YOU