CHILD JUSTICE BILL: Department of Correctional Services

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CHILD JUSTICE BILLDepartment of Correctional
Services
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INDEX

• I INTRODUCTION
• II LEGISLATIVE AND POLICY FRAMEWORK
• III SYSTEMS AND PROCESSES
• IV PROGRAMMES

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• V TRAINING
• VI RESTORATIVE JUSTICE
• VII BUDGETARY IMPLICATIONS
• VIII BENEFITS TO DCS
• IX CHALLENGES
• X CONCLUSION

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• I INTRODUCTION
• The purpose of Correctional Services is to,
  amongst others ensure the preservation of human
  development of all prisoners and persons
  subject to Community Corrections.

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• Correctional Services upholds the principle of
  children not to be detained in prison except as a
  disposition of last resort and for the minimum
  period necessary.
• Currently, as on 31 December 2002, there were
  2371 unsentenced and 1765 sentenced children in
  prison. There were also 1727 probationers and
  parolees who are children within our Community
  Corrections system.

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• It is therefore ideal for Correctional Services
  to uphold the objectives of the Child Justice
  Bill and the Constitution in dealing with
  children.

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• II LEGISLATIVE AND POLICY FRAMEWORK
• Correctional Services Act 111 of 1998 does
  provide for child offenders. The need thus will
  exist for the Act to be aligned with the Child
  Justice Bill including Correctional Services
  Youth Policy. Policy indicators have to be
  identified and community participation to be
  co- ordinated and well managed.

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• Correctional Services Amendment Act 14 of 1996
  provides for children under 14 years not to be
  detained in prison awaiting trial.

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• III SYSTEMS AND PROCESSES
• The Departmental Orders also provide for
  children to be referred to a medical doctor for
  age verification or for acquisition of a legal
  document as proof of birth, in case of doubt.

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• Systems and processes on age verification are
  to be put in place to allow for timeouse
  interventions, accelerated placements, referrals
  and for community participation by parents/
  family, communities of origin, NGOs, other
  state departments, etc.

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• IV PROGRAMMES
• A specific model of intervention is in place to
  cater for the needs of all offenders, including
  children, which model promotes
• Programmes that are informed by needs.

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• A multi-disciplinary assessment process which
  ensures that the offending behaviour and root
  causes of the crimes are addressed, as well as to
  ensure that the programmes are age appropriate
  and meet the life tasks of these children.

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• Compilation of a sentence/correctional plan for
  the duration of the period in prison. The
  sentence plan will include a range of activi-ties
  and programmes aimed at correcting the offending
  behaviour, development of the children in terms
  of education, vocational skills, spiritual
  enlightenment, mental health, life skills and
  enhancement of social interaction as well as care
  programmes which are human rights based and which
  address the basic needs of these young offenders.

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• After-care by conducting pre-release programmes
  and programmes linking with support systems for
  after release.
• Tools to measure the impact of programmes and
  determining readiness for release.

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• V TRAINING
• Training of officials dealing with young
  offenders is being addressed by Correctional
  Services. Officials will have to be offered
  ongoing training on the Bill, Departmental Acts,
  Regulations and Policies, Restorative Justice
  and specialised training on dealing with the
  young offenders.

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• VI RESTORATIVE JUSTICE
• Restorative Justice approach was launched by
  Correctional Services during 2002 to encourage
  reintegration of offenders by involving their
  families, communities and victims. The work
  document is available.

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• VII BUDGETARY IMPLICATIONS
• Correctional Services has the potential for cost
  savings, with the following budgetary
  implications
• Amendments of the Act where necessary.
• Training of officials on the new Act.

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• Reinforcing of human resources, within
  Community Corrections.
• Marketing of Community Corrections system.
• Currently there are 1956 officials in the
  Community Corrections system, (163 social
  workers). There are 2079 number of financed posts
  and the official probationer ratio of 137.

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• VIII BENEFITS TO DCS
• Potential for contributing to the alleviation
  of overcrowding.
• Enhancement of integrated approach and
  collaboration (inter- departmentally and with
  civil society).

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• IX CHALLENGES
• Overcrowding which undermines effective programme
  and service delivery.
• Community Corrections capacity to be reinforced
  and marketed for effectiveness and credibility by
  courts of law.
• Training of officials.

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• Community participation for effectiveness and
  sustainability of programmes and services.
• Planning and Release Processes for the children.

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• X CONCLUSION
• The Department of Correctional Services supports
  the Child Justice Bill, in particular the
  following
• Inter-sectoral cooperation
• Restorative Justice sentences and sentences
  involving Correctional Supervision.

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• Preference to release children, then bail and
  custody as a measure of last resort.
• Minimum age of criminal capacity.
• Age estimation and determination.
• Every 30 days appearance before court if
  referred to a prison after first hearing.

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• Availability of officials providing
  correctional supervision in One Stop Child
  Justice Centres.
• Time limit of 6 months relating to conclusion
  of trials.
• Children under 14 years not to be detained in
  prison.
• Requirement of pre-sentence reports.

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• No sentence of imprisonment on children who
  have committed Schedule 1 offences, in order to
  contribute to alleviation of overcrowding.