DCS GREEN PAPER PROCESS

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DCS GREEN PAPER PROCESS

• Presentation to Portfolio Committee
• October 2002

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Mvelaphanda Tasking

• Mvelaphanda October 2001 put rehabilitation at
  centre of DCS
• Cabinet Lekgotla endorsed rehabilitation as
  Government Priority
• Inadequacies of current White Paper to
  rehabilitation focus
• Task - Development of Green Paper on Correctional
  Services through development of separate policy
  documents on various aspects of Correctional
  Services
• Task Team set up but went on hold in December 2001

3
WORK TOWARDS GREEN PAPER 2002

• Focus of work in 2002
• conceptualisation of rehabilitation,
• business reengineering for rehabilitation
• development of components of policy to feed into
  Green Paper process
• Identification of other areas that require policy
  attention in order to focus on needs based
  rehabilitation.

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RELEVANT POLICY COMPONENTS

• Rehabilitation policy. (Being revisited in line
  with 6 service delivery areas) December 2002
• Unit Management policy. March 2003
• HIV policy. Approved by NCCS and Minister Oct
  2002
• Victim compensation policy.
• Policy on aged prisoners. November 2002
• Gender policy. December 2002
• Youth policy. Policy in place and approved by
  NCCS, awaiting alignment with Child Justice Bill

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RELEVANT POLICY COMPONENTS

• Policy on community based rehabilitation centres
• Policy on skills based remuneration system for
  prison labour. March 2003
• Policy on credit system for prisoners and
  probationers participating in rehabilitation
  programmes. June 2003
• Policy on partnership with community-based
  organisations. Current task team.
• Policy on public-private partnerships and
  financing models for Correctional Services
  infrastructure development. October 2002

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ADDITIONAL POLICY ISSUES

• Developed Model for Intervention to assess and
  profile offenders for needs based rehabilitation
  programmes
• Recognised need for IJS wide offender information
  system
• details causes, nature and circumstances of
  offence
• starting point for offender profiling
  assessment, from admission to release, informs
  new security classification and decisions during
  Parole Board hearings.
• Key challenge to develop capacity to provide
  effective corrections development programmes in
  all aspects of offenders life for each offender
  category

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ADDITIONAL POLICY ISSUES

• New security classification instrument to enable
  needs based rehabilitation
• Instrument is Matrix of following
• Personal particulars
• Crime category / nature of crime
• Relationship of offender to victim(s) / nature of
  relationship
• Circumstances under which the crime was committed
• Effective length of sentence
• Number and nature of previous conviction time
  lapsed since last previous conviction
• versus
• Threat to community/escape risk threat to fellow
  offenders and staff vulnerability need for
  protection from other prisoners/self
• Initial draft developed for consultative process
  to refine security classification instrument

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ADDITIONAL POLICY ISSUES

• New security classification instrument requires
  new approach to types of prisons
• DCS facility planning programme driven by
  projection analysis of arrest, conviction and
  sentencing trends, nature of crime, background of
  offender, length of sentence appropriate
  rehabilitation route
• Indicates consideration of move towards
• Holding Prisons (No rehabilitation, tight
  security, humane treatment)
• Correctional Development Centres (lots of
  rehabilitation, adequate security, balanced with
  humane treatment) ultimate goal based on offender
  category
• Security Prisons (little rehabilitation, lots of
  security, balanced with humane treatment)

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ADDITIONAL POLICY ISSUES

• Guidelines for Integrated Support System For
  Probationers Parolees
• DCS Community Corrections Office liaison with DSD
  Local Government for lists of services,
  addresses contact persons of non-profit
  organisations, non-governmental organizations
  community based organizations with its
  magisterial district.
• Lists to be accessible to probationers parolees
  to facilitate their re-integration process into
  community
• Lists utilized to refer offenders to those
  services that are not available at community
  corrections offices.

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TASK TEAM

• Gearing project and roll out of new
  conceptualisation of rehabilitation resulted in
  two teams
• Restructuring and gearing business processes,
  systems and structures for rehabilitation
• Roll out of 3 service delivery slides and
  Development of Green Paper
• Task Team for Green Paper
• Convened by CDC Functional Services
• Members of Team Gxilishe, Sishuba, Mthabela,
  Tsetsana, Rubushe, Moodley, Louw and
  representatives of Portfolio Committee
• Task Team to request National Treasury
  representation to ensure costing of financial
  implications of White Paper are inherent in
  process.
• Task Team to ensure implementation plan developed
  as part of the White Paper process in
  consultation with DPSA.
• Process, time frames and framework still to be
  finalised by Task Team

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PROPOSAL GREEN PAPER PROCESS

• Development of basic policy
• Policy components developed by relevant DCS Unit
  and consulted within Department tested against
  practice October 2002 March 2003
• B meeting to focus on Functional Matters before
  end of year
• Policy components presented to stakeholders -
  Portfolio Select Committees National Council
  for Correctional Services Research Consultative
  Forum

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PROPOSAL GREEN PAPER PROCESS

• Conceptualising of Green Paper - Parallel process
  - GP Task Team October-November 2002
• Conduct review of existing White Paper and
• Consolidate NMB discussion on Constitutional and
  legislative imperatives for DCS
• Draft framework for Green Paper from outcome of
  policy processes
• Task Directorates to obtain appropriate research
  on best practice through own research and/or NGOs

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PROPOSAL GREEN PAPER PROCESS

• Roll out in DCS
• NMB Task Team to conduct workshops in each
  province on GP framework
• Workshop of NMB, Portfolio Committee and National
  Council on consolidated inputs from provincial
  workshops
• Green Paper to be drafted by Drafting Team
• Draft Green Paper to be presented to consultative
  workshop with external stakeholders IJS
  departments and NGOs
• Presentation of reworked Draft Green Paper to
  Minister for approval for publication.

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PROPOSAL GREEN PAPER PROCESS

• Presentation of Draft Green Paper to Portfolio
  Committee with request for public hearings
• Public Hearings held by Portfolio Committee
• GP Task Team to consolidate inputs and finalise
  Green Paper into White Paper
• Presentation of White Paper to National
  Management Board, NCCS, Portfolio Committee,
• Redraft White Paper for submission for approval
  by Minister, Cabinet Committee to Cabinet
• Roll out of workshops to popularise White Paper
  in DCS in each province and Management Area to
  ensure buy in

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PRELIMINARY COMMENTS

• STYLE OF GREEN PAPER AND WHITE PAPER
• White Paper is report issued by Government to
  provide information to public about broad policy
  direction of Department or on issue.
• Style of White Paper is inappropriate to White
  Paper as contains too detailed time-specific
  information
• White Paper should be an overarching policy
  framework that will sustain Departments direction
  for next ten years or so.

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PRELIMINARY COMMENTS

• DCS White Paper should reflect policy hierarchy
  of Department indicate which policies derive
  from which others
• Philosophy of South African correctional system -
  drawn from Constitution and Correctional Services
  Act that establishes correctional system in South
  Africa.
• Correctional Doctrine of South Africa, system of
  beliefs and values which generate Departmental
  policy, and which purport to describe ends to
  which policy is means.
• High level general policy principles which guide
  making of laws, administration and executive acts
  of government as an enactment of doctrine,
  resulting in DCS strategic policy framework

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PRELIMINARY COMMENTS

• White Paper should aim to provide consistency in
  use of terminology, and provide definitions where
  required.
• Some of issues that must be resolved in process
• Reference to people sentenced to a prison
  sentence as prisoners inmates offenders in
  prison detainees convicts criminals
• Reference to those under correctional community
  supervision as offenders, parolees, probationers,
  
• Recidivism relapse by ex-offender back into
  crime
• Probation system of releasing young criminals,
  especially first offenders on suspended sentence
  during good behaviour under supervision of a
  person of institution
• Parole release under supervision on basis of
  undertaking between offender and Department on
  conditions that he/she will not abscond and will
  comply with conditions

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PRELIMINARY COMMENTS

• Introduction to White Paper should address
• Constitution, Correctional Services Act
  relevant legislation
• DCS and Government Strategy
• DCS and IJS
• DCS and Social Sector
• DCS and international corrections community
• DCS contribution to international relations
  NEPAD, AU, SADC, DCS objectives
• DCS view of correction engage community to
  understand that manner in which correctional
  officials handle offenders contributes to
  community attitude
• Appropriate sentencing options to be explored in
  IJS so consensus on when prison is appropriate
  sentence.
• Resources - government monies
• - donor community
• Recidivism impact of punitive method of
  recidivism impact of development approach
• Crime trend analysis
• Vision mission
• Batho Pele

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PRELIMINARY COMMENTS

• BODY OF WHITE PAPER
• Three slides developed by NMB on service delivery
  areas to offender, departmental responsibilities
  to correctional officials, external relationships
• Service Delivery Indicators
• Equity not as numbers but as training and
  deploying in manner which will transform social
  relations between races/cultural groups, gender,
  disabled/abled status, young and old
• Commitment to non-racism and non-sexism training
  of both members and offenders in relation to
  diversity training
• Corruption as an inherent feature of correctional
  systems internationally and hence need for
  anti-corruption strategy, investigative capacity,
  tight policy and management systems, appropriate
  disciplinary procedures, strong methods of
  sanction
• Civilian security institution focus on tight
  security, on personnel discipline, and on
  civilian rank recognition as crucial factors in
  prison management
• DCS as essential service and hence relations with
  labour unions

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PRELIMINARY COMMENTS

• BODY OF WHITE PAPER
• Organisational culture
• Language Policy
• Access to Information Act
• Code of Conduct
• Basic work unit, supervision and performance
  management
• Unit Management
• HRD Strategy
• Recruitment and induction

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PRELIMINARY COMMENTS

• BODY OF WHITE PAPER
• Concept of rehabilitation
• Corrections policy correcting offending
  behaviour, needs based
• Offender Development Policy education,
  training, work skills and experience, life
  skills, social skills
• Security and Offender Safety principles
  underlying the new security classification system
• Offender Care physical care, accommodation,
  HIV/AIDS, crisis intervention, counseling/treatmen
  t, religious ministry, health, nutrition
• Facilities need driven approach on basis of IJS
  inputs to facilities planning and management
• After Care reintegration, DCS responsibility
  and responsibility of other Government
  Departments and CBOs.
• Correctional Supervision integrated support
  system, monitoring compliance with conditions,
• Parole Supervision - integrated support system,
  monitoring compliance with conditions

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PRELIMINARY COMMENTS

• BODY OF WHITE PAPER
• Special Need offenders children, women with
  babies, disabled, and senior citizens
• Awaiting Trail Prisoners need for comprehensive
  IJS wide policy definition of whose job it is
  rights and obligations of ATPs, DCS
  responsibilities re rights, health, continuing
  education and training
• Institutional arrangements Case Management
  committee, CSPB, Parole Review Board
• Inspecting Judge
• National Council on Correctional Services
• Prisoners rights and Obligations UN Minimum
  Rules and Standards African Charter of Prisoners
  Rights,
• Complaints procedure, discipline, visits
• Community involvement with DCS
• Research and analysis drive department
• DCS Communication strategy - must be design to
  take debate into prisons, to all members, to
  relevant Government Departments and to community.

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Thank you!
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REHABILITATION PLAN
Development
P
P
Correction
CC
CC
Facilities
CC
Person under Correction
P
P
Maintenance Care
CC
After Care
Security
P
CC
SERVICE DELIVERY RANGE
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EXTERNAL RELATIONSHIPS
International Relations
Parliamentary Legislative Structures
Community


CBOs, NGOs, FBOs
Family
DCS

Educational Institutions
Other State Departments

Private Sector
Criminal Justice Cluster
Social Sector Cluster