Build a caring correctional system that truly belongs to all REPORT ON SPECIAL REMISSION 2005

Index   Background   Rationale   Approval   Implementation plan   Implementation   Release schedule   Total of releases from Community Corrections   Breakdown of releases from Community Corrections (per Region)   Total releases from Correctional Centers

Index (cont..)   Breakdown of releases from Correctional Centers (10 August)   in regions to external service providers   Re-offending   Breakdown of re-offending   Experience   Recommendations

Rationale   Granting of pardon, reprieve of offenders, amnesty & special remission   enshrined in Constitution   normal international practices of managing delivery of Correctional Services in Democracies around world, usually marking special event   Approach of White Paper which places public safety first & promotes shared responsibility for correcting offending behavior & rehabilitation is paramount to government’s programme of granting special remission to offenders

Rationale In terms of Chapter 5, Section 84 (2) (j) of the Constitution: “ the President is responsible for – (j) pardoning or re prieving offenders and remitting any fines, penalties or forfeitures”   President requested then Minister of Correctional Services to develop proposal around amnesty for offenders as part of 10 years Democracy celebrations in 2004   Management established departmental task team to do groundwork in March 2004

Rationale   Cabinet Memorandum submitted by DCS with specific factors taken into consideration:   Continued zero tolerance towards aggressive, sexual, fire-arm & drug related offences   Public interest & concern   Integrity of Justice System   Safety & security of public   Interests of victims of crime   Repeat offending by those who gained from remission of sentence

Rationale   Department of Correctional Services recommend:   Maximum of 3 months special remission of sentence to all prisoners, probationers, parolees & day parolees irrespective of crime committed   Additional maximum of 7 months special remission of sentence to all prisoners, probationers, parolees & day parolees serving sentences for crimes other than aggressive, sexual & drug related crimes

Approval   Cabinet approved that President can be approached for granting of Special Remission (amnesty) to sentenced offenders/probationers & parolees with following recommendations:   Compulsory pre-release programme   Inclusion of Restorative Justice   Involvement of NGO’s, CBO’s, FBO’s in pre-release programmes   Staggering of releases   Priority to be given to children, youth, females, females with babies, elderly & people with disabilities   JCPS led by GCIS to develop communication strategy in consultation with DCS

Approval (cont..) President approved:   Maximum of 6 months special remission of sentence to all prisoners, probationers, parolees & day parolees irrespective of crime committed   Additional maximum of 14 months special remission of sentence to all prisoners, probationers, parolees & day parolees serving sentences for crimes other than aggressive, sexual, fire-arm & drug related crimes Other exclusions: Those sentenced under Mental Health Act & those that had escaped & were still at large by 30 th May 2005 Minister mandated by Cabinet to announce Special Remission in Cabinet

Implementation plan Planning process considered following:   Establishment of structures on National, Regional & local level to provide strategic leadership, monitor, coordinate & oversee implementation   Listing all relevant documentation to provide information & establishment of computer systems to facilitate capturing of data   Identification of stakeholders to be included in awareness raising process to obtain buy-in & support   Identification of master trainers to train correctional officials & professionals to implement special remission

Implementation plan (cont..)   Consideration of assessment tool & compulsory pre- release programme to identify needs & risks prior to release   Preparation of schedule to facilitate staggered release process   Establishment of system to monitor & evaluate implementation process   Development of Communication strategy

Implementation   Structures established on National, Regional & local level to ensure compliance & commitment during implementation   Developed guidelines, relevant documentation & IT systems to ensure uniformity & common understanding   Briefing sessions of all stakeholders to obtain buy-in & support regarding presentation of programmes & to assist offenders referred for continuation of programmes where needs/risks were identified   External   Other government departments   NGO’s, CBO’s & FBO’s   Family & friends of offenders   Communities   Media

Implementation (cont..)   Internal:   All correctional officials   Offenders   Training of master trainers to train correctional officials & professionals to implement special remission   Development of assessment tool & compulsory pre-release programme   Scheduling releases to facilitate staggered release process   Establishing Operational Centre & toll-free number to ensure access to information by public

Implementation (cont..)   Developed frequently asked questions & answering system   Monitored implementation   Daily meetings   Daily telephone conferencing (National & Regional)   Daily reports to senior management & Ministry   Wide media coverage in both electronic & printed media

Release Schedule Week 1:30/05 – 03/06 Admin/Assessment/Pro-grammes as well as releases from Community Corrections Week 2: 06/06 – 10/06 Admin/Assessment/Pro-grammes as well as releases from Community Corrections Week 3: 13/06 – 17/06 Females/children/youths/ages/disabled irrespective of sentence category Week 4: 20/ /06 Sentence group 0-12 months

Release Schedule (cont) Week 5: 27/06 – 01/07Sentenced group >12 – 24 months Week 6: 04/07 – 08-07Sentenced group >2 – 3 years Week 7: 11/07 – 15/07Sentenced group > 3 – 5 years Week 8: 18/07 – 22/07Sentenced group > 5 – 7 years Week 9 – 10 : 25/07 – 09/08 Sentenced group > 7 years

Totals of releases from Community Corrections   Releases from Community Corrections commenced from 3 June 2005 to create capacity within system & was finalized on 10 June 2005   Total number of 33,972 probationers & parolees benefited from Special Remission

Breakdown of releases from Community Corrections (per Region) East Cape GautKZNLMNNC & Free- state West Cape Total:

Total releases from Correctional Centers   Total releases from Correctional Centers –13 June 2005 to 10 August 2005:   Week 3 (11 – 17 June)9,975   Week 4 ( June)5,265   Week 5 (25 Jun – 1 July)3,560   Week 6 (3 – 9 July)3,678   Week 7 ( July)3,263   Week 8 ( July)2,296   Week (25 July – 10 Aug)3,828   Total releases on 10 August: 31,865   Conditionally :11,501 (released into Community Corrections )   Unconditional: 20,364

Breakdown of releases from Correctional Centres (10 Aug) CategoryConditionalUnconditionalTotal Children < ,156 Youth ( ) 3,2878,12411,411 Age ,77511,23319,008

Breakdown of releases from Correctional Centres (10 Aug cont.) CategoryConditionalUnconditionalTotal Elderly > Disabled Total11,50120,36431,865 Of above figures on all age groups number of females in all categories are: 1,202

Mothers & babies (released in first week: June)   Western Cape 7   Eastern Cape 4   Free State/NC 3   Gauteng 8   LMN 3   KZN 9 Total 34

Foreign Nationals   Western Cape 19   Eastern Cape 10   Free State/NC 28   Gauteng220   LMN118   KZN 16   Total 411

Referrals in Regions to external service providers Western Cape: 22 Eastern Cape: 121 Free State: 192 Gauteng: 7 LMN: 100 KZN: 180 TOTAL: 622

Summary of releases   Total of 65,837 offenders benefited from Special Remission & were released in 10 week period   33,972 from Community Corrections   31,865 from Correctional Centres

Re-Offending   The Department condemns any act of re- offending especially those who have benefited from being given a 2 nd chance.   The Department conveys its sympathy to all victims of re-offenders and hereby reiterates the importance of the role of the family in prevention of re-offending.   DCS is central to the campaign of no violence against women and children

Re-offending   On 10 August 2005 total number of 157 offenders who benefited from Special Remission have been admitted to Correctional Centers as Awaiting Trial Detainees   Interviews are being conducted by social workers/psychologists to establish possible causal factors for alleged re-offending

Breakdown of Re-offending Status in Regions: Western Cape: 61 (including 1 female) Eastern Cape: 34 (including 1 female) Free State/NC: 45 (including 2 females) Gauteng: 3 (including 1 female) LMN: 10 (including 1 female) KZN: 4 Total: 157 (6 females)

Re-Offending (cont..)   Of the 65,837 offenders released during Special Remission a total of 157 offenders were re-admitted to Correctional Centres after re-offending during this 10 week period (0,23%)   Alleged crimes committed mainly economical crimes e.g. 58 Housebreaking & theft, 33 theft) as well as 13 robbery, 8 rape & 3 murder, etc.

Experience Departmental   Initial planning, coordination & adequate timeframes assisted in smooth roll-out process of Special Remission   Support, cooperation, teamwork & commitment on all departmental levels resulted in common purpose for all   Teamwork in DCS resulted in cohesion between:   National Office & Regions   Custodial & professional staff

Experience Departmental cont’d   Process set new service level standard with regard to assessment & pre-release programmes   New learning experiences were created & transfer of knowledge & skills which can serve as basis for future projects and/or similar programmes was realized (“every member is rehabilitator”)

Experience Partnerships   Willingness & commitment to assist DCS from all stakeholders strengthened partnerships & enhanced Special Remission process (e.g. In first week Premier in Free State/Northern Cape and senior government officials in Eastern Cape attended launch)   Existing partnerships with external service providers such as Nicro, Khulisa & SANCA was enhanced & new partnerships with others (e.g. SACC) were forged   Departmental strategic objective of advancing corrections as societal responsibility was promoted   Positive feedback from all stakeholders (e.g. Inspecting Judge, NCCS, and other members of Parliament)   Media coverage was positive

Recommendations   Rationale for granting of Special Remission of sentence should mark/celebrate special national event in South Africa   Coherent message on Special Remission must be communicated to all relevant stakeholders to create common understanding   Adequate time to prepare & mobilize society to be ready for re-integration of released offenders must be provided

Recommendations   Adequate time for DCS to put structures, training, programmes and/or processes in place must be provided   Processes followed during Special Remission should be well-documented to inform similar/future projects

Recommendations   Good practices identified during Special Remission process should be continued & expanded, for example:   Continuation of Assessment & pre-release programmes   Strengthening of partnerships with external service providers   Referrals to external service providers according to identified risks/needs   Utilization of custodial members to provide didactic programmes   Computerized programmes established for early identification of re-offenders entering correctional system

Build a caring correctional system that truly belongs to all Thank you Together we can…