The Judicial Inspectorate for Correctional Services Presentation to the Portfolio Committee on Justice and Correctional Services on the Parole Regime: successes, challenges and future developments Presented by Acting CEO: Mr M Masondo Office of the Inspecting Judge 20 September 2016

PURPOSE OF THE PRESENTATION The purpose of this presentation is to report to the Portfolio Committee on the Parole system and the observations of the Inspectorate relating to the: The Role of JICS in the Parole System Successes Challenges Future developments; and Recommendations from the Inspectorate

The Role of JICS in the Parole System Inspectorate can receive and refer parole related complaints Cannot interfere with the recommendations made by CSPB The IJ can refer a matter directly to the Parole Review Board Engages with stakeholders to employ ex- offenders who are on parole

Successes as observed by the Inspectorate The Independent Correctional Centre Visitors are contractually employed by the Inspectorate and are based at correctional centres. Their primary task is to receive and deal with the various complaints from inmates. The table below indicates the number of Parole Complaints recorded by the ICCVs in 2015-2016 financial year. JICS Regions and Head Office EMR CMR NMR SMR DLS Total Parole 138 1320 1587 1044 46 4135 DCS Annual Performance Plan (APP) – Cases considered by CSPB during 2015/16 financial year REGION 2015/16 NATIONAL 96.52% (41942/43454) FS/NC 90.08% (7466/8288) KZN 95.40% (5148/5396) LMN 96.52% (5830/6040) WC 97.13% (9753/10041) EC 99.87% (4528/4534) GP 100.68% (9217/9155)

Challenges as observed by the Inspectorate Incorrect interpretation of the legislation and case law by the inmates Administrative incompetencies – incorrect compilation of the profile reports, quality and format, late submissions                  Interpretation of legislation - Conversions of sentence into correctional supervision, as stipulated in Criminal Procedure Act 51 of 1977, sections 276(1)(i) and 276A(3) Submission of Reports for Lifers do not comply with basic requirements      Setting of placement conditions must be discussed in consultation between CMC and Community Corrections The incorrect administration of the parole process causes frustrations for inmates, whom in most cases do not understand the processes, hence such complaints are then forwarded to the Inspectorate

Future developments DCS has implemented a new compliance checklist and cover page to the G326 Profile reports of lifers which did not comply with the basic requirements were taken back to DCS Regions for further discussions and informed decisions DCS further introduced a revised cover page for all other profile reports DCS has announced a new qualification called Occupational Certificate for Offender Placement Release Practitioner is SAQA approved on NQF level 6. The DCS are in the process of appointing a committee, whereby JICS will form part to develop the training material.

Recommendations to improve the Parole System Ensure fully functional parole boards - The Minister has approved the extension of contracts of the Parole Board members to 31 March 2017. In addition, current vacancies be advertised and filled as a matter of urgency JICS and DCS to conduct workshops to educate inmates on the parole legislation and processes DCS has appointed a task team to make recommendations to the Minister on the review of the parole system.

Recommendations to improve the Parole System DCS has developed and tested new tools for utilization by CMCs, CSPBs and Supervision Committees such as: Re-Offending Risk Tool – statistically based risk indicator, used as a guide for indicating risk and for identifying interventions/ actions/ conditions to manage the risk Decision Making Matrix – a tool to ensure that a standard consideration thought processes is used by all CMCs and CSPBs to evaluate the risks and to assist in making properly considered and fully motivated recommendations/ decisions Parole Revocation Tool – a tool to ensure that parole revocations comply with a uniform approach to consider parole revocations by standardizing the criteria used during the recommendation and decision making processes. It is intended to ensure that there is consistency amongst Supervision Committees and CSPBs when parole revocation is considered.

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