1. PORTFOLIO COMMITTEE BRIEFING: IMPACT OF THE 2012 SPECIAL REMISSION OF SENTENCE Date: 08 August 2012 Received on: 6 Aug 2012

2. 1 Document ref number Confidential TABLE OF CONTENT 1.Purpose 2.Background 3.Preparation for Release 4.Releases 5.Re-offending 6.Impact of 2012 Special Remission on Community Corrections 7.Impact of 2012 Special Remission on the inmate population 8.Impact of 2012 Special Remission on the inmate population: Average % occupancy level 9.Preliminary conclusions

3. 2 Document ref number Confidential 1. PURPOSE The purpose of this presentation is to brief the Portfolio Committee on Correctional Services on the impact of the Special Remission of Sentence 2012. This presentation will reflect on the following topics amongst others: (a)Number of inmates who benefitted from the special remission of sentence; (b)Readiness of those who benefitted from the special remission of sentence releases; (c) Details of those who have since re-offended; (d) Impact of processing releases on other categories of inmates’ parole consideration; and (e) Challenges experienced and how future processes can be better managed.

4. 3 Document ref number Confidential 2. BACKGROUND On 27 April 2012, the President announced his decision to grant special remission of sentence for certain categories of offenders, parolees and probationers in terms of section 84(2)(j) of the Constitution. The Special Remission of Sentence 2012 was undertaken over a ten 10 week period from 30 April 2012 until 06 July 2012.

5. 4 Document ref number Confidential 3. PREPARATION FOR RELEASE In order to facilitate the necessary administration which includes amongst others the creation of capacity within the community corrections system to admit offenders from correctional centres, the following schedule was utilized: Week 1: 30/04 – 04/05Community Corrections: Release of parolees and probationers from the system Correctional Centres: Administration/Assessment/ Programmes Week 2: 07/05 – 11/05Community Corrections: Release of parolees and probationers from the system Correctional Centres: Administration/Assessment/ Programmes

6. 5 Document ref number Confidential 3. PREPARATION FOR RELEASE (Cont.…) Week 3: 14/05 – 18/05 Actual release from correctional centres Females/Children/ Youths/Aged/Disabled irrespective of sentence group Week 4: 21/05 – 25/05 Actual release from correctional centres Offenders in Sentence group 0-12 months Week 5: 28/05 – 01/06 Actual release from correctional centres Offenders in Sentence group >12-24 months Week 6: 04/06 – 08/06 Actual release from correctional centres Offenders in Sentence group >2-3 Years Week 7: 11/06 – 15/06 Actual release from correctional centres Offenders in Sentence group >3-5 Years

7. 6 Document ref number Confidential 3. PREPARATION FOR RELEASE (Cont.…) Week 8: 18/06 –22/06 Actual release from correctional centres Offenders in Sentence group >5-7 Years Week 9: 25/06 – 29/06 Actual release from correctional centres Offenders in Sentence group longer than 7 years Week 10: 02/07 – 06/07 Actual release from correctional centres Offenders in Sentence group longer than 7 years

8. 7 Document ref number Confidential 3. PREPARATION FOR RELEASE (Cont.…) Preparation of probationers/parolees/offenders: Community Corrections: Probationers and parolees were already in the system of community corrections and administrative processes were undertaken. Correctional Centres: All offenders were subjected to a pre-release assessment. All offenders completed the compulsory pre-release programme prior to their release.

9. 8 Document ref number Confidential 4. RELEASES From Community Corrections: A total of 25 338 probationers and parolees were released. From Correctional Centres: During the 10 week period a total number of 19 695 offenders were released, of which 9 387 conditional (48%) and 10 308 (52%) unconditional.

10. 9 Document ref number Confidential 4. RELEASES (Cont.…) The releases from correctional centres during the respective weeks are as follows: Week 3 (14 to 18 May 2012) is 4,911 Week 4 (21 to 25 May 2012) is 3,302 Week 5 (28 May to 1 June 2012) is 2,491 Week 6 (04 to 08 June 2012) is 2,215 Week 7 (11 to 15 June 2012) is 2,094 Week 8 (18 to 22 June 2012) is 1,374 Week 9 (25 to 29 June 2012) is 1,444 Week 10 (02 to 06 July 2012) is 1,864 Total released: 19, 695

11. 10 Document ref number Confidential 4. RELEASES (Cont.…) The impact of processing the release of offenders who qualified for release on other categories of inmates’ parole consideration, can be illustrated as follows: Case Management Committees: MonthNumber of profiles submitted to:Backlog (minimum completed, but profile not yet submitted): HCCCSPBTotal April 20124,9283,4328,3601,237 May 20129,5095,82415,3331,934 June 20123,0546,6949,7481,408 Total17,49115,95033,441Average: 1,526

12. 11 Document ref number Confidential 4. RELEASES (Cont.…) Decisions pending at HCC/CSPB: MonthDecisions regarding possible placement pending at: HCCCSPBTotal April 2012871,2821,369 May 201218764782 June 201216506522 Average40851891

13. 12 Document ref number Confidential 5. RE-OFFENDING Total of 114 re-offenders/alleged re-offenders readmitted up to week 10. 27 of them actually re-offended and were sentenced. - Incarceration periods between 10 days and 3 years imprisonment were imposed, whilst in other cases fines between R200 and R3000 were imposed. Of the 87 accused of re-offending: - 1 committed suicide whilst in custody of SAPS; - 20 did not return from court; - 3 paid bail; - 1 was deported; and - 62 are remand detainees. The crimes (per broad category) that the 27 re-offenders and 87 alleged re-offenders committed prior and after the special remission of sentence are reflected in the following two slides:

14. 13 Document ref number Confidential 5. RE-OFFENDING (cont…) Number of offenders/ parolees/ probationers Previous crime category Current crime category 18EconomicalEconomical: 14 (78%) Aggressive: 1 (6%) Narcotics: 3 (16%) 5AggressiveEconomical: 2 (40%) Aggressive: 2 (40%) Other: 1 (20%) 2NarcoticsAggressive: 1 (50%) Narcotics: 1 (50%) 2OtherEconomical: 2 (100%) Total: 27 ACTUAL RE-OFFENDERS :

15. 14 Document ref number Confidential 5. RE-OFFENDING (cont…) Number of offenders/ parolees/ probationers Previous crime category Alleged crime category 64EconomicalEconomical: 49 (76%) Aggressive: 12 (19%) Sexual: 2 (3%) Narcotics: 1 (2%) 13AggressiveEconomical: 4 (31%) Aggressive: 6 (46%) Sexual: 3 (23%) 1SexualAggressive: 1 (100%) 1NarcoticsAggressive: 1 (100%) 8OtherEconomical: 6 (75%) Aggressive: 2 (25%) Total: 87 ALLEGED RE-OFFENDERS:

16. 15 Document ref number Confidential

17. 16 Document ref number Confidential

18. 17 Document ref number Confidential

19. 18 Document ref number Confidential 9. PRELIMINARY CONCLUSIONS The National Task Team on Special Remission of Sentence is currently conducting an impact analysis, which will reflect the effectiveness of various processes and reviewal of policy procedures, among others, in order to enhance the performance for future projects in this regard. However, the following preliminary conclusions can be provided at this stage: The creation of the capacity within the community corrections system which was facilitated by a well planned schedule, afforded DCS an opportunity to release qualifying offenders in controllable groups. The Special Remission of Sentence 2012 enhanced efforts to down manage overcrowding from 136% prior this project to 123%, improving the humane conditions of detention and the ability of staff to ensure safety and security and to focus on the rehabilitation of offenders.

20. 19 Document ref number Confidential 9. PRELIMINARY CONCLUSIONS (Cont.…) DCS as part of the Security Cluster, condemns every single act of criminality in the strongest possible way. One re- offender is one too many. YearTotal ReleasedReadmissions 2005`65,837155 201245,033144

21. 20 Document ref number Confidential 9. PRELIMINARY CONCLUSIONS (Cont.…) The Special Remission of Sentence 2012 afforded DCS an opportunity to reflect on issues/challenges of focus and to plan intervention to enhance among others the proper functioning of computer systems and identification of re- offenders.

22. Thank you