POLICY OPTIONS ON PAROLE SYSTEM IN SA Presented by CDC Corrections

Introduction Recent focus by Portfolio Committee on Parole raised very important issues; –Public interest on the rights of offenders in general –Raised policy and legal questions on parole for department and Parliament –Demonstrated varied understanding of SA Parole system and our comparison to the world –Highlighted practical challenges for dept in application of current policies, and –Highlighted ongoing need for public engagement on rights of offenders, rights of victims, role of families, CSPBs and delegated persons

Focus of the Presentation Provide a comprehensive definitions of Parole and forms of application Provide comparative analysis of parole application in SA and selected countries Highlight areas of best practice in our Parole system Present areas requiring legal and policy considerations Highlight current challenges for the SA parole system

General Definition of Parole parole definition.doc Release on conditional basis May be return if failed to comply with conditions Aim to assist offender with transition from custody to normal crime free life Used to mitigate the harshness of the sentence Various forms include: conditional release and other forms of compassionate releases –In some countries offender can be returned –Violate the conditions of parole –Conditions poses threat to society

Parole Practices by Different Countries (1) U. S. A. Parole Board Decisions –discretionary release influenced by rehabilitation which the Parole Board considers factors such as participation in treatment programmes, readiness for the community, seriousness of the offence & availability of suitable employment. –Mandatory release is determined on the basis of the sentence or parole guidelines. Parole for inmates with special needs –Elderly: 60 years old or over requiring 24 hour skilled nurse; –Terminally ill: incurable condition that will result in death within 6 months regardless of the use of life sustaining treatment and requiring 24 skilled nurse; –Physically handicapped: specified categories and also requiring 24 hour skilled nurse; –Mentally ill: as defined in the policy; and –Mentally retarded: as defined in the policy.

Parole Practices by Different Countries (2) United Kingdom Compassionate Release on medical grounds granted by the Secretary of State in consultation with the Parole Board. Criteria for release on medical grounds: -The offender is suffering from a terminal illness and death is likely to occur very shortly (3 months considered appropriate period) -The risk of offending minimal -There are adequate arrangements for the prisoner’s care and treatment outside Compassionate License is a form of temporary lease designed to help offenders deal with urgent personal matters, such funerals, visits to close family members that are near to death, domestic crisis and urgent hospital appointments.

Parole Practices by Different Countries (3) New Zealand The New Zealand Parole Board is independent statutory body. The makes decisions on the release of offenders from prison and home detention. Circumstances for consideration before parole eligibility date: -Home detention is when an offender serves part of their prison sentence at an approved address. Offenders under home detention may work but wear an electronic device allowing their movements to be monitored. -Compassionate release is when an offender applies for release from correctional center due to either giving birth or terminal illness. An offender may also apply if he or she is subject to a sentence of six months incarceration or less and proposes to undertake a course of full-time study that commences before the release date. -Extended Supervision Order: The Department of Correctional Services is able to apply to court for intensive supervision of eligible offenders convicted of certain sexual offences for up to 10 years after they have been released. -Postponement Orders: When the Board considers an offender not suitable for release on parole. -Section 107 Orders: When the Department of Correctional Services applies to have an offender kept in custody beyond their release date. -Reviews: When an offender applies to have the Board review a decision made at hearing.

Parole Practices by Different Countries (4) Canada The National Board makes decisions of conditional release of inmates on the basis of risk assessment, risk prediction and risk reduction. Conditional Release programs include: -Full Parole: Offenders after the 1/3 point of their sentence can apply to serve a portion of their sentence in the community. -Day Parole: Granted for short periods of time, up to a maximum of 4 months. -Temporary Absence: Either escorted and unescorted temporary absence is granted to offenders for medical, compassionate, administrative and family contact purposes. They can last from a few hours to 15 days. Detainees not considered for parole are thought to likely commit another offence causing death or serious injury if released; those convicted of serious drug offence and sex offenders.

Parole Practices by Different Countries (5) Ireland Compassionate Temporary Release: Granted in the case of death of member of offender’s immediate family or critical illness of a member of the offender’s immediate family. Temporary release for Medical Purposes: It applies to both sentenced and unsentenced inmates. Consideration is given for temporary release for in- patient and out-patient hospital care because such care cannot be provided in the correctional center. Home Visits: Granted in circumstances where member of the offender’s immediate family is chronically ill and house bound - unable to visit the offender.

The use of Parole in South Africa (1) The South African Correctional Services Act 111 of 1998 provides for three kinds of parole namely: full parole, day parole and medical parole. Full Parole: A period whereby an offender who has served the prescribed minimum detention period of his or her sentence in a Correctional Centre is conditionally released to serve the remaining sentence in the community under the supervision and control of the Department.

The use of Parole in South Africa (2) Day Parole: A day parole is a management mechanism preceding the full parole intended to gradually assist an offender to be released into the community under controlled circumstances. –Day parole is not widely used in South Africa because of the capacity problems. –The correctional centres currently do not have facilities to house day parolees without interfering with the lock-up times of the general offender population.

The use of Parole in South Africa (3) Medical Parole: The Correctional Services Act of 1998 provides for parole on medical grounds to any person serving any sentence in a prison and who, based on the written evidence of the medical practitioner treating that person, is being diagnosed as being in the final phase of any terminal disease or condition may be considered for placement under correctional supervision or on parole, to die a consolatory death. In 2007/8 a total of 36% passed on whilst in the system of Community Corrections Temporary Release: release into custody of the family normally for compassionate reasons – only when parole date have been set.

The use of Parole in South Africa (4) Correctional Supervision and Parole Review Board –The CSA establishes this body out of members of the NCCS –The Chairperson must be any one of the Judges constituting the NCCS –Its main function is to review any decision taken by the CSPB

The use of Parole in South Africa (5) Correctional Supervision and Parole Review Board –Review is conducted based on the submission of the Minister or the Commissioner –Amendment bill provides for Insp. Judge to make submissions –Any person however can ask the Minister or Commissioner to consider specific cases –The decision of the Review Board is final and may include setting aside, accepting and amending the decisions of the CSPB –Normally, decision of the CSPB is final but Review Board’s decision overrides (and set precedent).

Policy Consideration for Parole Medical –Medical determination of maximum period –Situation for Awaiting Trial Detainees who are terminal –Revocation of medical parole upon improved health conditions Public security, reintegration and victim concerns Disregard for nature of crime –Conditions of release should include permanent stay in bed under 24 hrs care –Capability of families to genuinely take care of loved ones

Policy Consideration for Parole Conditional Parole –Application can be made exceptional and not the rule (contrary to international trends) –Rule out its application – constitutional test and violation of current expectations (equity principle) –Consideration body set up independent of government (levels of independence vary) –Defined community involvement in supervision –Consideration of existing jurisprudence on parole in SA –The role for day parole: condition? –Respect for roles and independence of the 3 arms of the state (executive, judiciary and parliament)

Risks Associated with Parole Public concern about re-offending Vulnerability of the victims (right to voice an opinion before parole) Public sense of injustice: period spend not proportional to the offence or court decision Diminished sense of security and ever present public threat Inconsistency in application of rules by CSPB and other delegated persons Allegations of undue influence

KZN as Case Study Majority of offenders in KZN are concentrated in DBN and PMB areas KZN has 8 CSPB, sentenced inmates and 7 management areas Critical Stats –Natural deaths: HIV related 150 (2006), 130 (2007) and 95 (2008) –Focused programmes for HIV/Aids (medical treatment and support) –Other causes of deaths: 10 (2006), 19 (2007) 11 (2008) –Parole applied for and denied: % (2007/8) –Medical Parole applied for and denied: nil –Offenders died whilst awaiting parole approval: 2 (2008) –Released on medical parole: 30 (2006), 15 (2007) and 18 (2008) –5 known cases rejected by families –Of known 63 medical parole cases from 2007 to date – only 13 passed on to date –CSPB visit hospital wards (DBN) and check after inmates

Business Unusual: all hands on deck to detain, rehabilitate and reintegrate offenders for a safer South Africa