Title: POLICY OPTIONS ON PAROLE SYSTEM IN SA
1POLICY OPTIONS ON PAROLE SYSTEM IN SA Presented
by CDC Corrections
2Introduction
- 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
3Focus 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
4General 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
5Parole 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.
6Parole 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
prisoners 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.
7Parole 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.
8Parole 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.
9Parole Practices by Different Countries(5)
- Ireland
- Compassionate Temporary Release Granted in the
case of death of member of offenders immediate
family or critical illness of a member of the
offenders 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 offenders immediate family is
chronically ill and house bound - unable to visit
the offender.
10The 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.
11The 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.
12The 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.
13The 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
14The 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 Boards decision overrides (and set
precedent).
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18Policy 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
19Policy 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)
20Risks 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
21KZN as Case Study
- Majority of offenders in KZN are concentrated in
DBN and PMB areas - KZN has 8 CSPB, 19 402 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 39. 7 - 5 596
(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
22Business Unusual all hands on deck to detain,
rehabilitate and reintegrate offenders for a
safer South Africa