parole policy and access of prisoners to judicial inspectorate

PAROLE POLICYAND ACCESS OF PRISONERS TO

JUDICIAL INSPECTORATE

Department Of Correctional Services

Presentation to Portfolio Committee on

Correctional Services

Tuesday 30 April 2002

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.

CONTEXT OF PAROLE BOARDSDCS 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

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.

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

TRANSITIONAL ARRANGEMENTSOnce 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

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

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

IMPLEMENTATION PROGRESS REPORT (cont’d)

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

IMPLEMENTATION PROGRESS REPORT (cont’d)

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.

IMPLEMENTATION PROGRESS REPORT (Cont’d)

• 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.

END OF PART ONE OF

PRESENTATION

THANK YOU

PART TWO

PRISONERS’ ACCESS TO JUDICIAL INSPECTORATE

INTRODUCTIONSection 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”.

NATURE OF INSPECTORATEDCS 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.

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.

NEW APPROACHNew 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”.

NEW APPROACH (cont’d)

• 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.

NEW APPROACH (cont’d)

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

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

KEY ASSESSMENTSOverall 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

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.

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

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.

END OF PART TWO OF PRESENTATION

THANK YOU.

BACKGROUND INFORMATION FOR PART ONE OF

PRESENTATION

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 PLACEMENT cont’dParole 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.

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.

FUNDAMENTAL PRINCIPLES cont’d

• 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.

FACTORS FOR CONSIDERATION IN PAROLE PROCESS

• Nature and seriousness of offence committed• Crime history• Prisoner’s 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.

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)

PROCEDURESCurrent LegislationBoard makes re

commendations to Commissioner or Minister for ap proval of parole / correctional super vision

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.

PROCEDURES (cont’d)

Offender physically appears before Parole Board without representation.

Commissioner or Commissioner’s 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.

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).

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.

REPLACEMENT OF CREDIT SYSTEM(cont’d)

• 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.  

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

CONDITIONS (cont’d)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

CONDITIONS (cont’d)

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

STATISTICS RELATED TO CONDITIONAL RELEASE OF

PRISONERS

Under Correctional Supervision: 23 583Under Parole Supervision: 49 535

TOTAL 73 388

BACKGROUND INFORMATION FOR PART TWO OF THE

PRESENTATION

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.

COMPLAINTS & REQUESTS OF PRISONERS (cont’d)

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.

COMPLAINTS & REQUESTS OF PRISONERS (cont’d)

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.

COMPLAINTS & REQUESTS OF PRISONERS (cont’d)

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.

COMPLAINTS & REQUESTS OF PRISONERS (cont’d)

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.

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.

IPV ROLE (cont’d)

• 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.

IPV ROLE (cont’d)

• Conduct private consultation and complete “record of complaint”

• Refer urgent/confidential or unresolved complaint to Office of Inspecting Judge.

END

THANK YOU