PRESENTATION TO PORTFOLIO

COMMITTEE: PAROLE BOARDS

5 MAY 2010

To provide an overview of Parole Boards and the appointment of new Parole Boards for the next 5 years

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Purpose

Background to current CSPB

• The current CSPBs were established in 2005 following

Presidential Proclamation in 2004

• The period preceding establishment provided for HR

administrative processes

• Upon appointment all Chairpersons were provided with

training on functioning and role of CSPB

• CSPB members were contracted for different terms

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Review of CSPBs• The Minister summoned a parole summit following her visits to

the regions where various operational problems pertaining to

the functioning of Parole Boards were brought to her attention.

• The summit was held at Birchwood, Boksburg and in addition to

the Minister, Deputy Minster and act National Commissioner, all

regions were represented by the Regional Commissioners,

Regional Heads Corrections and either the Chairperson or Vice

Chairperson of the CSPB. Local CMCs were also invited.

• The Portfolio Committee was also represented.

• Operational matters as well as policy matters were discussed.

• Focus areas were: application of medical parole; and

functioning of CSPBs over the past 5 years. 4

A country wide audit on medical parole was done in August 2009. Some of the findings were:•Applications are processed by Health Care Professionals despite the fact that the Medical Practitioner did not recommend placement due to medical grounds.•Medical conditions reflected in the medical and accompanying report make it difficult for persons without medical training to make any assumption on the life expectancy of the offender.•Processes to consider recommendations for medical parole are not standardised •Administrative processes by Case Management Committee, Head Correctional Centre and Parole Boards are lengthy and cause unnecessary delays.•In limited number of cases lack of support systems – rural areas/informal settlements

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Medical Parole audit

• Period taken to confirm support systems ranges from 1 day to maximum of 3 months

• 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 always based on “to die a dignified death”

• The current legislative provisions are too restrictive and amendments need to be considered

• The current approval regime for approval of medical paroles might not be appropriate – Head of Centre and CSPB not medically qualified.

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Medical Parole audit …

• In cases where offenders are not released on medical grounds due to various reasons, the DCS still observe their human dignity

• Proper medical treatment as prescribed are provided• Offenders who die inside our centres are buried by the

State and families/ friends are invited to attend• If the family requests to bury the offender the body is

handed over to the family• If the offender dies in a centre far away from the family,

the body may be transported on State expense

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Medical Parole audit …

Outcomes and findings from the Parole Summit

• Administrative

– Accounting and management procedures for the CSPB (including HR related matters) were not clear on the onset

– Logistical support was compromised– Procedures on referral of cases for review were not

established from the start

– Delays in filling vacant positions

– Lack of clarity on the roles of sister departments in CSPB

– DCS capacity problems (CMC) generated undue backlog

for parole decision

– Current contracts assume members of the Board to be

employees of the DCS with fixed working hours. 8

– Members were appointed on different times for varying terms

– Boards were not appointed for a specific term. See addendum

– Minister appointed Chairpersons – other appointments were delegated to Regional Commissioner – compounded problem of inconsistent terms.

– Seats of Boards were determined per management area and

according to norm of 2500 offenders (> 12 months) – some

Boards were “roving” and had to travel extensively to deal

with all considerations.

– Advertisements were initially done at National level and later

localised.9

Outcomes and findings from the Parole Summit

• Policy

– Cases for foreign nationals could not be addressed

satisfactorily

– Smaller facilities proved cumbersome for administration of

parole

– Different parole regimes (before and post October 2004)

compromised administration

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Outcomes and findings from the Parole Summit

Solutions for identified problems• Despite current vacancies all Parole Boards can operate for

the interim

• Fixed 5 year term for new Parole Boards: 1 August 2010 to

31 July 2015

• Current contracts which expire before 1 August 2010 to be

extended to 31 July 2010

• Contracts which expire after 31 July 2010 to be

renegotiated – new contracts to be signed for remainder of

period of current contracts

• Manual on HR related issues informing the conditions for

new contracts to be annexed - address working hours,

reporting and accountability, performance assessments, etc 11

• Recruitment of members to be done by advertising in local

communities.

• Delegations revised – Minister to appoint all members of

CSPBs

• In accordance with section 74(1) of the Correctional

Services Act, 111 of 1998, the names, seats and

jurisdictions of the new CSPBs to be gazetted

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Solutions for identified problems

Seats of CSPBsFS/NC (7): Groenpunt, Grootvlei, Colesberg, Kimberley,

Upington, Goedemoed, Kroonstad

EC (9): East London, St Albans (2), Middledrift (Amathole), Kirkwood, Sada, Lusikisiki, Cradock, Umtata

KZN (8): Kokstad, Durban x2, Ncome, Pietermaritzburg, Empangeni, Glencoe, Waterval

GP (11): Baviaanspoort, Zonderwater, Krugersdorp, Pretoria x2, Leeuwkop x2, Johannesburg x2, Modderbee, Boksburg

WC (10): Drakenstein, Allandale, Pollsmoor , Goodwood, Malmesbury (West Coast), Brandvlei, Voorberg, George (Southern Cape), Worcester (Brede River), Helderstroom (Overberg)

LMN (8): Polokwane, Barberton, Bethal, Witbank, Klerksdorp, Rooigrond, Rustenburg, Thohoyandou

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• Offenders will be transferred to the place where the CSPB seats – limit travelling by “roving” Boards.

• Various bi-national commissions with Namibia, Botswana, Lesotho, Zimbabwe and Mozambique will deal with parole related issues including prisoner exchange

• Revising of legislation and policy which governs medical parole is currently being done – proposals by NCCS are being reworked. Draft legislation and policy will be consulted and submitted to Portfolio and Select Committee according to schedule of legislation

• Policy procedures on Medical Parole will deal with identified findings of the audit

• Parole review process is addressed in the Incarceration Framework

• Incarceration Framework is under consideration by the Minister

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Policy solutions