Medical Parole

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MEDICAL PAROLE
Building a caring correctional system that truly
belongs to all
Presentation to Port Folio Committee 12 September
2006
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PURPOSE

• To provide an overview on the application of the
  release of offenders on Medical Parole.

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MANDATE (1)

• Constitution of the RSA, Act 108 of 1996
• Section 35 (2) Everyone who is detained,
  including every sentenced prisoner, has the
  right-
• (e) to conditions of detention that are
  consistent with human dignity, including
  at least exercise and the provision, at state
  expense, of adequate accommodation,
  nutrition, reading material and medical
  treatment .

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MANDATE (2)

• Correctional Services Act 111 of 1998 Section 79
  Correctional supervision or parole on medical
  grounds
• Any person serving any sentence in a prison and
  who, based on the written evidence of the medical
  practitioner treating that person, is diagnosed
  as being in the final phase of any terminal
  disease or condition may be considered for
  placement under correctional supervision or on
  parole, by the Commissioner, Correctional
  Supervision and Parole Board or the court, as the
  case may be, to die a consolatory and dignified
  death

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PROCESS OF IDENTIFICATION

• A registered nurse initiates the process by
  submitting a detailed report to the medical
  practitioner regarding the offenders medical
  condition. The medical practitioner can also
  initiate this process.
• The medical practitioner will assess the
  offenders condition and complete a G 337 form
  (Medical Status Report of offender) and attach a
  specialists report together with any other
  medical reports (if any).
• A medical practitioner must indicate if the
  illness is terminal and also whether the offender
  is in the final phase life expectancy

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PROCESS OF CONSIDERATION

• Once the medical practitioner has concluded
  his/her finding the medical report (G337) must be
  submitted to the Head of the Correctional Center
  for comments, recommendation to the Case
  Management Committee.
• If the medical practitioner recommends medical
  parole proper after care must be arranged for the
  offender. This is normally the family but may
  also be a hospice or other suitable institution.
  A written undertaking must be provided by the
  after care responsibility.

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CONSIDERATION BY PAROLE BOARD(1)

• A parole profile report (G326) is generated by
  the Case Management Committee together with a
  recommendation where after it is forwarded to the
  Correctional Supervision and Parole Board. As no
  legislative minimum period has to be served
  regarding a submission for placement on medical
  parole, this is the first time the Board is aware
  of a submission for medical parole.
• As the submission is urgent the Parole Board must
  schedule a sitting as soon as possible. Parole
  Boards even convene over weekends and after hours
  if necessary for this purpose.

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CONSIDERATION BY PAROLE BOARD (2)

• If the medical report is not clear additional
  information may be requested from the medical
  practitioner on an urgent basis. If the first
  report was submitted by a General Practitioner
  and the Parole Board needs more specialized
  information a second report may be requested from
  a Specialist.
• If after care arrangements are inadequate or
  absent (does not comply to the offenders needs)
  the case may be referred back to the CMC on an
  urgent basis in order to arrange proper after
  care.

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CONSIDERATION BY PAROLE BOARD (3)

• Should medical parole be approved pertinent and
  clear conditions must be set by the Board which
  the offender must accept in writing.
• Whilst on medical parole the offender is subject
  to monitoring by officials from the Community
  Corrections Office in the Area where he/she is
  placed on medical parole.
• Should the offenders medical condition improve
  once released on medical parole he/she cannot be
  re-admitted to a Correctional Centre unless the
  conditions as referred to above are violated.

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CHALLENGES (1)

• Balancing the protection of the community with
  the medical condition and expectancy of the
  offender.
• Risk of recommitting of crimes especially sexual
  and aggressive.
• Prevalence of HIV/ AIDS and uncertain life
  expectancy.
• Lack of sufficient after care by families
  poverty and lack of resources e.g. distance to
  medical facilities, transport, proper nutrition,
  etc.
• Lack of sufficient community structures and
  hospices to provide after care.
• Reluctance by hospices because of financial
  burden.

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CHALLENGES (2)

• Reports from medical practitioners are
  inconclusive with result that report from second
  medical practitioner must be requested causes
  time delays.
• Second reports are sometimes also inconclusive
  and places Parole Boards in position that it
  cannot approve placement due to lack of
  information/ inconclusive reports.

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Thank you Building a caring correctional
system that truly belongs to all