1. BRIEFING TO PORTFOLIO COMMITTEE: PAROLE BOARDS
09 September 2009

2. PURPOSE
To provide an overview of progress with the implementation of Correctional Supervision and Parole Boards

3. RESPONSIBILITY/ FUNCTIONS
The primary task of the Parole Board is the responsible consideration and approval/ disapproval of placement of offenders
under correctional supervision
on day parole
parole and
medical parole
The granting of special remission of entence to offenders for meritorious conduct.
Making recommendations to the Minister and Court a Quo regarding offenders sentenced to life imprisonment and those declared as dangerous criminals.

4. Historical Background on Parole System
Parole is an internationally accepted mechanism that allows for the conditional release of offenders from prison into the community prior to the expiration of their entire sentences of imprisonment, as imposed by a court of law.
In our context it referrers to a placement option from prison into the system of community corrections. This means that the offender is released from prison prior to the expiry of his or her entire sentence of imprisonment to serve the remainder of the sentence outside of prison subject to specific conditions that must be complied with.
Parole is therefore not regarded as a right an offender may lay claim to.

5. The Release Policy Prior to March 1993
Application of the concepts of remission of sentence applied prior to 1993
Offenders could earn remission of sentence up to 1/3 of the determinant sentences
Parole could also be granted on a portion or the rest of sentence
The granting of the remission of sentence was not automatic but subject to inter alia:
Good behaviour and adaptation
Participation programmes

6. Release Policy as from March 1993
The sentence impose by the court was regarded as being interfered by the Dept in a administrative manner.
The sentence was shortened by granting remission of sentence
The system of remission of sentence was abolished in March 1993
Decentralized Parole Boards were established consisting of members of the Department
These boards only had a recommendatory function and consisted only of members of the DCS
Chairperson
Secretary
Member of the Institutional Committee (CMC)
Any person could also be co-opted
Recommendations made by the Board were referred to the Commissioners delegated official who were
Regional Commissioners
Area Managers
Head of Correctional Centres

7. The Release Policy as from 1 October 2004
Newly structured Parole Boards were established which will have certain decision making competencies
These boards are community based and consist of the following:
Chairperson (member from the community)
Vice chairperson (member from the community)
Member of SAPS (co-opt)
Member of DCS also acting as secretary
Two part-time representatives from the Community
Decision making of the Parole Boards is independent and cannot be influenced by members of the DCS
Offenders now generally have to serve half of sentence
The sentencing authority may impose a non parole period which may not exceed 2/3 of the sentence
Life imprisonment will now have to serve 25 years
The parole board may also approve / disapprove special remission of sentence for meritorious conduct

8. General Definition of Parole
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

9. The use of Parole in South Africa
The South African Correctional Services Act 111 of 1998 provides for three kinds of parole namely: full parole, day parole and medical parole.
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.

10. The use of Parole in South Africa
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.

11. The use of Parole in South Africa
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.

12. The use of Parole in South Africa
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

13. The use of Parole in South Africa
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).

14. Medical parole placements
Region
2007
2008 WC 18 10 GP 22 48 EC 6 38
FSNC 13
KZN 15 45
LMN 34 23
National 95
177

15. Medical Parole Challenges
Lack of proper care and support – rural areas/informal settlements
Foreign nationals – cannot deport – Home Affairs do not have capacity to care /transport terminal ill offenders – no confirmation of support system in country of origin
Moral dilemma of medical practitioners – their responsibility is to ensure prolonging of life – therefore recommendation for medical parole is not based on “to die a dignified death”

16. 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

17. Challenges of Parole Boards
Lack of management involvement in the management and functioning of parole boards
Lack of clarity/extension/termination of contract of chairpersons/Vice chairpersons/Community members
Poor appointment rate in some areas – some posts for Chairpersons have never been filled
Inconsistent decision making between various boards
Communities/general population still unsure about placement policy/new incarceration framework’s impact is unsure
Levels of payment
Participation of members

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