Department of

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DEPARTMENT OF CORRECTIONAL SERVICES
Department of
Correctional
Services
Transforming prisons into correctional centres -
places of new beginnings
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DEPARTMENT OF CORRECTIONAL SERVICES
The new Correctional Supervision and Parole
Boards
Presentation to the Select Committee October 2004
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Mandate
Sections 39, 42, 52, 54, 70, 71, and 73 to 83 as
well as 136 of the Correctional Services Act, Act
111 of 1998, as amended, provides the legislative
mandate for the functioning of the Correctional
Supervision and Parole Boards
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Background

• System of parole previously severely based on the
  perception that it constituted administrative
  interference with sentences of imprisonment
  passed by a court of law.
• System often accused of not being transparent and
  that it lacked independence in decision making.
• System of parole is an internationally accepted
  practice.
• Parole is aimed at managing the conduct of
  offenders by providing incentives for good
  behaviour and co-operation and also to allow for
  a controlled transitional period between
  imprisonment and normal community life.

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The functioning of the new Correctional
Supervision and Parole Boards

• The new legislation allows for the establishment
  of a transparent and fair parole system with the
  inclusion of key stakeholders outside of the
  Department in the decision making process.
• Provision has been made for the appointment of a
  member from the community as full-time
  Chairperson.
• Also, 2 members from the community for sittings
  of the Board (part-time)

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The functioning of the new Correctional
Supervision and Parole Boards

• Members from SAP, Justice may be co-opted
• Where not co-opted, reports may be requested in
  respect of certain serious crimes
• This new legislation has come into operation on 1
  October 2004.

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What is Parole

• Parole is an internationally accepted mechanism
  that allows for the conditional release of
  offenders from Correctional Centres into the
  community prior to the expiration of their entire
  sentences of imprisonment, as imposed by a court
  of law
• In our context it refers to a placement option
  from Correctional Centres into the system of
  community corrections
• offender is released from Correctional Centres
  prior to the expiry of entire sentence of
  imprisonment to serve the remainder of the
  sentence outside of Correctional Centres subject
  to specific conditions.
• Allows the offender to return to normal community
  life albeit under controlled conditions under the
  supervision of correctional officials.

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Functions of the new Correctional Supervision
and Parole Boards

• Consider report from the Case Management
  Committee offenders serving more than 12 months
• place an offender under correctional supervision
  or day parole or grant parole
• Set the conditions of community corrections
• Dangerous criminals make recommendation to
  court
• Life imprisonment make recommendations to court
• Cases for review submit record of proceedings
  to the Review Board
• Deal with litigation i.r.o. decisions taken by
  the Board
• Sound administration of matters of the Board

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Seats of the new Boards

• Mpumalanga/ North West/ Limpopo
• Barberton Lydenburg, Nelspruit
• Bethal - Geluk, Standerton, Ermelo, Piet Retief,
  Volksrust
• Witbank - Belfast, Middelburg, Carolina
• Klerksdorp - Christiana, Wolmeranstad,
  Potchefstroom
• Rooigrond - Lichtenburg, Zeerust
• Rustenburg - Brits, Losperfontein, Mogwase
• Polokwane - Modimolle, Tzaneen
• Thohoyandou - Louis Trichardt, Kutama Sinthumule
  (APOPS)

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Seats of the new Boards

• Gauteng
• Baviaanspoort
• Boksburg - Heidelberg
• Johannesburg(2)
• Krugersdorp
• Leeuwkop(2)
• Modderbee - Nigel, Devon
• Pretoria(2) - Atteridgeville, Odi
• Zonderwater

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Seats of the new Boards

• Eastern Cape
• Lusikisiki - Bizana, Mt Ayliff, Mt Fletcher, Mt
  Frere, Flaggstaff, Tabankulu, Umzimkulu
• Middledrift - Fort Beaufort, King Williams Town,
  Grahamstown, Stutterheim
• East London - Mdantsane
• Umtata - Nggeleni, Mqanduli
• Cradock - Burgersdorp, Middelburg, Somerset East,
  Graaff Reinet
• St Albans - Port Elizabeth, Patensie
• Sada - Queenstown, Barkley East, Sterkspruit,
  Butterworth, Idutywa, Willowvale, Lady Frere,
  Elliotdale, Nqamakwe, Cofimvaba, Engcobo,
  Dordrecht
• Kirkwood - Jansenville

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Seats of the new Boards

• Western Cape
• Allandale - Staart van Paardeberg, Obiqua,
  Hawequa
• Brandvlei
• Drakenstein - Stellenbosch
• George - Oudtshoorn, Beaufort Wes, Ladismith,
  Prince Albert, Uniondale, Mossel Bay, Knysna
• Helderstroom - Caledon, Buffeljagsrivier,
  Swellendam
• Malmesbury - Riebeeck West
• Pollsmoor(2) - Goodwood
• Voorberg - Calvinia, Van Rhynsdorp
• Worcester - Dwarsrivier, Robertson, Warmbokkeveld

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Seats of the new Boards

• Free State/ Northern Cape
• Grootvlei - Brandfort, Boshof, Ladybrand,
  Winburg, Wepener, Mangaung (APOPS).
• Colesberg - De Aar, Richmond, Victoria West,
  Hopetown.
• Groenpunt - Vereeniging, Sasolburg, Frankfort,
  Parys, Heilbron.
• Goedemoed - Edenburg, Fauresmith, Bethuli,
  Zastron
• Upington - Springbok, Kuruman.
• Kroonstad - Ventersburg, Senekal, Bethlehem,
  Lindley, Harrismith, Hennenman, Hoopstad,
  Odendaalsrus, Virginia, Ficksburg
• Kimberley - Barkley-West, Douglas

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Seats of the new Boards

• KwaZulu/ Natal
• Pietermaritzburg - Sevontein, Ixopo, New Hanover
• Durban(2) - Umzinto
• Kokstad - Matatiële, Port Shepstone
• Ncome - Vryheid, Nongome, Melmoth, Nkandla
• Empangeni - Qulakabushe, Mtunzini, Maphumulo,
  Stanger, Eshowe, Ingwavuma
• Waterval - Utrecht, Ekuseni, Newcastle
• Glencoe - Dundee, Bergville, Ladysmith, Estcourt,
  Greytown, Kranskop, Pomeroy

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Process for recruitment/ appointments to the New
Boards

• Media Marketing drive to inform public and
  possible candidates from the community - Imbizo
  by Minister during September, marketing by
  Regiognal Commissioners
• Applications and nominations from the community
  for positions of Chair Person and representatives
  from the community were invited in National Media
  on 12 September 2004 i.e. Sunday Times, Rapport,
  City Press
• Closing date for applications/ nominations was 1
  October 2004
• Previous applications will also be considered
  (Closing date was 16 July 2004)

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Process for recruitment/ appointments to the New
Boards

• The Regional Commissioners should appoint task
  teams to scan CVs, apply the criteria and draw up
  the short lists
• National Advisory Council on Correctional
  Services, Portfolio Committee and Select
  Committee invited to participate in the whole
  process committees have been advised that, in
  order to ensure a fair interviewing process, the
  members of a selection panel for a specific post
  should ensure their availability for the whole
  duration of the interviews for that specific post

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Process for recruitment/ appointments to the New
Boards

• Regional Commissioners to short list candidates
  and set up interview panels and finalise
  selection currently in process - interviews to
  be completed by 12 November 2004.
• Memorandums on appointments to be finalised by
  the Regional Commissioners and submitted to the
  DC HR Management for submission to the
  Commissioner/ Minister to be submitted to the
  Minister by 1 December 2004.

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Process for recruitment/ appointments to the New
Boards

• After approval by the Minister, the DC HR
  Management informs the various regions and post
  letters of appointment and employment contracts
  to the successful candidates
• Successful candidates report to the various Area
  Commissioners to finalise appointment and
  facilitate the signing of the contracts as from 1
  January 2005.
• As interim measure until appointment of Community
  representatives i.e. the Chair Person and the two
  others have been finalised, Boards will function
  with appointments of acting Chair Persons

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Comparison of the previous situation and the new
situation

• Previous situation
• Chairperson
• A Member of the Institutional
• Committee
• Vocational staff such as social
• worker, psychologist (if
• available)
• Any person can be co-opted to give inputs
  regarding a specific case.
• Secretary

• New situation
• Chairperson (community)
• Vice Chairperson (DCS)
• 2 Members of the Community
• Member of SAPS (co-opted)
• Member of Justice (co-opted)
• Secretary (DCS)
• Note All the above members will have a vote.

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Comparison of the previous situation and the new
situation

• Previous situation
• The Board makes recommendations to the Minister
  or Commissioner (or delegated officials) for
  approval of release on parole or day parole or
  placement under correctional supervision

• New situation
• The Case Management Committee makes a submission
  to the Correctional Supervision and Parole Board
  who is independent in decision making in respect
  of placement on parole or correctional supervision

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Comparison of the previous situation and the new
situation

• Previous situation
• The Minister decides on parole with regards to
  offenders serving life imprisonment upon
  recommendation of the National Council on
  Correctional Services
• ( NCCS)

• New situation
• Lifers sentenced prior to the enactment of new
  legislation will still be referred to the NCCS.
  Offenders sentenced to life imprisonment after
  promulgation of the new legislation will be
  referred to the court a quo for a decision on
  parole

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Comparison of the previous situation and the new
situation

• Previous situation
• Victims or their next of kin may not attend
  hearings of the board nor may they make
  representations to the board

• New situation
• Victim or next of kin in the case of a deceased
  victim, may make written representation to the
  board or may even attend hearings of the board
  under certain circumstances

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DUTIES CHAIRPERSON

• Chair meetings of the Board
• Ensure meetings are properly constituted
• Ensure proper recording of procedures
• Ensure objective and fair application of release
  policy
• Ensure fair representation of cases
• Assist with litigation i.r.o. decisions taken by
  the Board
• Ensure sound financial administration of the
  Board
• Liaise with stakeholders
• Manage members of the Board

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IDEAL PROFILE CHAIRPERSON

• Requirements
• RVQ13 plus 10 years managerial or community
  experience
• Active involvement in community based forums
• Valid code 08/ EB drivers license
• Must undergo vetting process
• Recommendations
• Extensive life experience
• Senior/ retired persons well known in the
  community
• Proven good standing in the community
• Special interest in the Criminal Justice System
• Excellent communication/ interpersonal/
  analytical skills
• Experience as Chair Person

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DUTIES COMMUNITY MEMBERS

• Attend sessions of the Board when requested
• Act as facilitator of community re-integration on
  part of offender
• Protect interests of communiy/ offender/ State
• Perform tasks as determined by the board
• Maintain confidentiality regarding Parole Board
  meetings/ decisions and documentation.

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IDEAL PROFILE COMMUNITY MEMBERS

• Requirements
• Literate and conversant in English or the
  language spoken in that area.
• Proven respectable and acceptable person in
  community
• Resident in the specific community where the
  Board is seated
• Recommendations
• Matriculation certificate
• Experience in activities of community forums
• Experience in meeting procedures
• Special interest in the Criminal Justice System

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APPOINTMENT CONTRACTS

• Chair Person
• Five year non-renewable contract
• Full time employment
• Level of Deputy Director
• R241 935 per annum
• Community Members
• Three year non-renewable contract
• Part time position
• Paid per hour when attending Boards meetings
• R103.59 per hour

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CHALLENGES

• Departmental orders aligned with new Act.
• Framework (guidelines) for consideration dates
  drafted.
• Duty sheets finalised.
• Training manual drafted and in process of
  alignment with NQF Standards - to be completed
  before 1 January 2005.
• Standardised procedures for the Boards have been
  drafted and are currently being finalised.

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Correctional Services values your role in
breaking the cycle of crime in making
rehabilitation work. Thank you Together
we can strengthen the social compact against
crime, for a better life.