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OVERCROWDING – AN IJS ISSUE
Presentation to Portfolio Committee by DCS February 2003
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JCPS ISSUE DCS initiative for JCPS attention to overcrowding as Cluster issue JCPS set up inter-dept Overcrowding Task Team to produce a comprehensive assessment of overcrowding in prisons by addressing: Sources of increasing prison numbers Responsibility for Awaiting trial prisoners Utilisation of available accommodation/needed accommodation for adults
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Propose steps to improve management of overcrowding
Planning of needed accommodation Utilisation of available accommodation/needed accommodation for children Audit of steps being taken to improve efficiency of IJS processes regarding awaiting trial prisoners cases in all Departments Propose steps to improve management of overcrowding
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PRISONERS IN CUSTODY AS ON 31 DECEMBER 2002
UNSENTENCED : SENTENCED : TOTAL :
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Extent of Prison Overcrowding 31 December 2002
National occupancy level of % (66.96 % over-populated) 22 prisons < 100 % occupied 113 prisons between 100 & 175 % occupied 92 prisons > 175% occupied 57 > 200 % occupied (100 % overpopulated)
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Extent of Police Cell Overcrowding 31 July 2002
Free State 461 cells 120 capacity Gauteng 987 cells >100% KZN cells 75% capacity Mpumalanga 185 cells 75% capacity E Cape 727 cells 79% capacity Limpopo 387 cells 157% capacity N Cape 318 cells 53% capacity W Cape 605 cells 100% capacity N West 287 cells 110% capacity
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DSD Facilities for Children awaiting trial
Provincial DSD facilities currently for children awaiting trial Jul-02 GRAND TOTAL 2044 Mpumalanga – Total 57 Kwazulu-Natal - Total 296 Limpopo – Total 16 Northern Cape - Total 121 Free State - Total 54 North West - Total 45 Western Cape - Total 592 Eastern Cape - Total 48 Gauteng - Total 815 Provincial DSD facilities currently for children awaiting trial Jul-02 GRAND TOTAL 2044 Mpumalanga – Total 57 - Hendrina Child and Youth Care Centre. 57 Kwazulu-Natal - Total 296 Excelsior Place of Safety in Pinetown 138 Valley View Place of Safety in Durban 4 Ocean View Place of Safety in Durban 19 Greenfields Place of Safety in Greytown 3 Pata Place of Safety in Pietermaritzburg 17 Ngwelezana Place of Safety 1 Children awaiting trial Limpopo – Total 16 Pietersburg Secure Care 16 Northern Cape - Total 121 Molehe Mampe Secure Care Centre in Galeshewe 48 Marcus Mbetha Sindisa Secure Care Centre in Upington 39 Lerato Place of Safety in Kimberley 34 Free State - Total 54 Tshirilotsong Place of Safety in Bloemfontein 17 Matete Matches Secure Care Centre in Kroonstad 37 Eastern Cape - Total 48 Enkuselweni Secure Care Centre in PE 43 Erica Child and Youth Care Centre in PE 5 Protea Child Care Centre in PE Gauteng - Total 815 Dyambu Youth Centre in Randfontein 558 Walter Sisulu Child & Youth Care Centre in Diepkloof (M&F) 76 Protem Detention Centre in Cullinan 89 Jabulani Detention Centre in Soshanguwe 77 Norman House Place of Safety in Edenvale 1 Tutela Place of Safety in Pretoria 11 Van Rhyn Place of Safety 3 North West - Total 45 Reamogetswe Secure Care Centre in Brits 28 Pabalelo Place of Safety in Odi 2 House Arrests Projects (home based supervision) 15 Western Cape - Total 592 Bonnytown House in Cape Town 160 Outeniekwa House in George 72 The Horizon Youth Centre in Faure 160 Vredelust House 12 Lindelani Place of Safety 60 House Arrests Projects (home based supervision) 128
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Children in DCS Prisons December 2002
Age Unsentenced Sentenced Total 7-13 years 14 years 15 years 16 years 17 years
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Crime Categories: ATD’s in custody December 2002
Economic crimes Aggressive Sexual Narcotics Other Total: Offence Categories HOMICIDE Automobile related (Under influence of alcohol/drugs) Automobile related (No alcohol/drugs involved) Child abuse related Negligent manslaughter Non-negligent manslaughter Family related homicide Racially motivated Politically motivated Road rage Other related crimes ECONOMIC CRIMES Armed robbery Hijacking (violent/serious bodily harm) Hijacking (non-violent) Robbery (non-violent) Robbery (violent/grievous bodily harm) Theft Car theft Stock theft Burglary/housebreaking Theft through deception Other related crimes CRIME OF WHICH UNLAWFUL FINANCIAL OR ECONOMIC TRANSACTIONS ARE AN ELEMENT Fraud/ Bribery/ Forgery Extortion Foreign exchange control related crimes Tax evasion ASSAULT Assault common Assault (violent/grievous bodily harm done) Assault gang related Spouse battering Child abuse Assault racially motivated Assault politically motivated Sexual assault Assaults (under influence of alcohol/drugs) DRUG RELATED CRIMES Drug trafficking (Syndicate related) Drug trafficking Dealing in drugs Possession of drugs TRAFFIC OFFENCES Traffic offences (Alcohol and drugs) Traffic offences (No alcohol and drugs) IMMIGRATION LAW VIOLATIONS FIREARM RELATED CRIMES Fire arms, ammunition and explosive trafficking (syndicate related) Fire arms, ammunition and explosive trafficking Possession of illegal fire arms ENVIRONMENTAL OFFENCES Dealing/ Trafficking in protected species or illegal gems/ precious metals. Dealing/ Trafficking in protected species or illegal gems/ precious metals (syndicate related) Cruelty against animals Other environmental offences. CRIMES AGAINST SECURITY OF STATE Terrorism Treason Public violence Sabotage Violation of the Protection of Information Act Bomb threats ESCAPE FROM LAWFUL CUSTODY Escape (no weapon used) Escape (Force/ weapon used) Aiding an escape Other related crimes TRAFFICKING IN HUMAN BEINGS Abduction/ kidnapping of children Abduction/ kidnapping of adults Cross border trafficking of illegal aliens SEXUAL OFFENCES Rape elderly Rape children Rape other Serial rape Statutory rape Gang rape Marital rape Sodomy Prostitution Child prostitution Bestiality Incest Pedophilia Child pornography Other
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Analysis per length of time in detention-ATD’s (31 Dec 2002)
3-6 months >6-9 months >9-12 months >12-15 months >15-18 months >18-24 months > 24 months Total: persons in prison, awaiting trial for longer than 3 months
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Analysis of bail amounts per prisoner in custody
R0-R R51-R R101-R R151-R R201-R R301-R R401-R R501-R R601-R R701-R R801-R R901-R R1001 up Total:
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JCPS DECISIONS Overcrowding is Cluster responsibility
Analysis of causes of & trends in detention for proactive facility management & prevention of overcrowding Strengthening of IJS at provincial & area level better management of awaiting trial detention, improved inter-departmental management of overcrowding
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CABINET LEKGOTLA JAN 2003 Endorsed JCPS recommendations:
Overcrowding is JCPS priority for 2003 Awaiting trial management to be handled inter-departmentally in meantime Policy gap on departmental responsibility for awaiting trial detainees to be filled
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CURRENT WORK National Treasury coordinating team to align information systems to generate ongoing analysis of detention trends in IJS departments Increases in duration of awaiting trial detention No significant increase in rate of conviction No significant increase in overall seriousness of crimes for which offenders are convicted Changes in length of sentences No significant increase in intake of offenders Is significant decrease in the rate of exit
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ATD POLICY DEVELOPMENT
Setting up inter-departmental process to develop approach to policy on awaiting trial detainees – will have to go to Cluster Portfolio Committees
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AWAITING TRIAL DETAINEES
Inter-departmental monitoring awaiting trial detention levels Provincial monitoring duration of ATDs Area level IJS to address detention levels in all IJS facilities Section 63 f releases Court backlog Improved docket and court preparation
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SENTENCED PRISONERS IJS team to consider use of community correctional supervision more effectively Proposal for reconsideration of DCS parole guideline of ¾ of sentence for aggressive crime to be in line with 2/3 non parole period maximum set in Correctional Services Act 111 Facility planning – 4 new prisons that are designed to prevent overcrowding through careful cell space usage
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SENTENCED PRISONERS Consideration of higher levels of overcrowding in ATD to reduce level in sentenced prisons Consideration of categories of prisoner for early release subject to profile assessment Women guilty of domestic violence spousal murder Prisoners over 65 years Mothers with children
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CIVIL SOCIETY ROLE Range of institutions very concerned about overcrowding Inspecting Judge HRC and Public Protector Human Rights NGOs Prisoner’s Rights pressure groups Very emotive issue amongst families and detainees Harness creative solutions from society ???Bail Fund??? ????Address monitoring for parolees???
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POSSIBLE ROLE OF PORTFOLIO COMMITTEES
Cluster Portfolio monitoring of ATD levels and duration Cluster Portfolio interaction on ATD policy gap Cluster Portfolio interaction on bail, sentencing and release policies Portfolio interaction with civil society on overcrowding to find creative solutions
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