POLICY OPTIONS ON PAROLE SYSTEM IN SA

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POLICY OPTIONS ON PAROLE SYSTEM IN SA Presented
by CDC Corrections
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Introduction

• 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

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Focus 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

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General 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

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Parole 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.

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Parole 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.

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Parole 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.

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Parole 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.

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Parole 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.

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The 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.

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The 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.

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The 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.

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The 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

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The 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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Policy 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

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Policy 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)

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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

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KZN 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

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