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Correctional Services
Introduction
The Department of Correctional Services contributes
towards maintaining and protecting a just,
peaceful and safe society by enforcing court-imposed
sentences and detaining inmates in safe
custody while maintaining their human dignity.
The department facilitates the correcting of offending behaviour and is responsible for the general development of all offenders as part of their rehabilitation, including those subject to community corrections.
In pursuing these objectives, the department has
developed the White Paper on Corrections [PDF] that embodies its long-term strategic policy and operational framework.
The White paper promotes corrections as a societal responsibility and it puts rehabilitation at the centre of all the its activities.
The six service-delivery areas the department
has identified in relation to offenders are security, facilities, correction, development, well-being and social reintegration.
The department received R10,74 billion in
2007/08 and increased its staff complement from
36 311 in 2005/06 to 41 406 in 2006/07, with a
target of reaching 45 674 by the end of 2009/10.
This represents a 25,79% increase and the
provision of 9 363 more jobs within five years.
Several milestones attained by the department in 2006/07 included:
- Surpassing its employment target of 8 311
additional employees as part of it implementing
the seven-day working week scheduled to kick
off in April 2008. In addition to the thousands of
new recruits, 752 new positions were created as
part of the ongoing alignment of the
department’s structures with the White Paper on
Corrections.
- A standardised framework for providing
comprehensive care programmes in the
department’s 36 centres of excellence (CoEs)
was implemented by training six master trainers,
27 chaplains, 100 spiritual-care workers and 40
external service-providers.
- The department implemented the National Curriculum Statement for Grade 10 in its CoEs in
2006/07, as part of rehabilitation. By mid-2006,
the department was registering all its youth
centres as full-time schools to ensure the
transformation of CoEs into rehabilitation centres
providing education, knowledge and information.
- The department’s partnerships with the Special Investigating Unit (SIU) and
the DSO delivered good results in its fight against
corruption and fraud. Twenty-seven medical
practitioners were investigated and 16 appeared
in court, resulting in one conviction and over
R316 million recovered, together with savings in
medical-aid claims of more than half a billion
rand. The Code Enforcement Unit of the
department concluded 60 hearings and
registered a 92% conviction rate.
- In 2006, the department developed the
Compliance Improvement Plan aimed at
enhancing compliance with internal controls,
policies and procedures.
- The department is accelerating access to
antiretroviral (ARV) treatment by offenders. Eight
correctional centres were accredited as ARV
sites in 2006 and the ninth in early 2007.
- The department is reducing the number of
children in custody by transferring them to
secure-care facilities and emphasising
alternative sentencing options. At the end of
2006/07, there were 1 149 children in correctional centres. This number was reduced
by 187 during 2007.
- Altogether, 1 804 youth offenders in four regions
are involved in the President’s Awards
Programme. The programme focuses on
developing leadership skills, self-awareness,
self-discipline, entrepreneurship and community
service among young offenders, as part of the
department’s rehabilitation aims.
- The department has aligned itself with the aims
of the Accelerated and Shared Growth Initiative
for South Africa’s procurement programmes,
thereby engaging more local small and medium-sized
producers and suppliers.
- The Electronic Management Information System
for offender-skills development was developed
and tested. The system was expected to be
implemented in 2007/08.
- In mid-2006, the department developed a social
reintegration framework that seeks to optimise
stakeholder participation and strengthen family
relations, while improving the management of
rehabilitation programmes outside correctional
centres. The Social Reintegration Programme is
expected to improve the implementation of
diversion programmes, non-custodial sanctions
for offenders who pose limited danger to society,
and the role of society in preventing crime and in
correcting offending behaviour. The budget for
social reintegration increased by 9,15% (from
R313,3 million in 2005) to R342 million in 2006.
The Offender Rehabilitation Path (ORP) is a nine-phase
programme that seeks to re-engineer the
department’s offender-management approach to
become needs-based and informed by an
offender’s life cycle. Each stage demands different
interventions by the department and other players
in government and society.
The nine phases of the ORP include:
- admissions to correctional facilities
- assessments, which include orientation and
profiling
- allocation to an incarceration unit in line with
one’s risk profile and classification
- interventions that are informed by a sentence
plan
- monitoring and evaluating of progress made in
implementing the sentence plan
- a placement phase, including considering
placement on parole or correctional supervision
- allocation to a pre-release unit for training or last
interventions before placement in communities
- admission to a community corrections office with
a clear plan for implementation
- focusing on the management of probationers,
who are directly placed under community
corrections by courts.
The Correctional Sentence Plan and its revision
framework were finalised in 2006/07 in
consultation with offenders to establish their needs.
The sentence plan will include the implementation
of six programmes aimed at addressing offence-specific
crimes resulting from aggressive
behaviour, sexual offences and substance abuse.
In addition, all offenders due for release will be
progressively compelled to undergo the pre-release
programme designed to prepare them for social
reintegration.
For the roll-out of care programmes aimed at the
personal well-being of offenders, inclusive of
healthcare; social-work services; and spiritual,
moral and psychological services; the department
has been allocated an annualised increase of 8,7%
over the Medium Term Expenditure Framework
(MTEF), reaching R1,5 billion by 2009/10. Part of the
increase is the additional allocation of R17 million
aimed at improving health professionals’ salaries
following extensive discussions with the departments
of public service and administration, and of health.
The allocation will be increased to R19 million and
R47 million in 2008/09 and 2009/10 respectively.
[ Top ]
Offender accommodation
The department strives to provide adequate prison accommodation that complies with accepted standards.
By the end of March 2007, offenders were housed in 238 active correctional centres countrywide,
including:
- eight correctional centres for female offenders
only
- 13 youth correctional facilities
- 131 correctional centres for male offenders only
- 86 correctional centres for both male and female
offenders.
In centres where men, women and juvenile offenders
are accommodated, women and juvenile offenders
are housed in separate designated sections.
[ Top ]
Overcrowding in prisons
Over the past six years, the department has
reduced overcrowding by an average rate of 4,77%
per year.
With mandatory sentences, the category of
offenders serving 10 to 15 years increased by over
12% from 45% in 2000 to 57% of the total offender
population in 2006.
By March 2007, South Africa’s correctional
centres, which collectively have an accommodation
capacity of 115 327 inmates, housed 161 023
inmates.
Overcrowding was about 40% (45 696 people),
meaning that the country’s correctional centres
were 140% full. Of the total offender population,
48 228 inmates were awaiting trial. The average
cost of incarceration is estimated at R123,37 a day.
The department is implementing an eightpronged
strategy to address overcrowding.
The strategy consists of the following
dimensions:
- managing levels of awaiting-trial detainees (ATDs) through the integrated justice system (IJS) Case
Management Task Team and Intersectoral
Committee on Child Justice
- managing levels of sentenced inmates by
improving effective and appropriate use of
conversion of sentence to community
correctional supervision, release on parole and
transfers between correctional centres to
establish some degree of evenness of
overcrowding in all centres
- ensuring progress on the capital-works
programme to upgrade its facilities and to build
new centres that are both cost-effective and
rehabilitation-oriented
- encouraging debate in South Africa about
reasons for incarceration as a sentence, and
encouraging appropriate sentencing that is
focused on rehabilitation
- strengthening community correctional
supervision so that it is better used as an
appropriate sentence for less serious crimes
- improving correction and development
programmes
- encouraging the correction of offending
behaviour in family and social structures and
encouraging economic-sector engagement to
decrease the rate of entry into the CJS
- encouraging community involvement in the
social reintegration of offenders back into their
communities to assist in reducing levels of
repeat offending.
These measures have started to pay off, resulting in
overcrowding being reduced consistently by 4, 77%
a year, reaching 15,72% and 10% reduction rates
respectively in the past two years. The amount of
bed space has increased through renovations,
limited expansions and recommissioning, while
ATDs have been reduced by 22% through the
integration of the criminal justice system (CJS) as a whole.
The construction of one of three new-generation
correctional centres in Kimberley is under way and
due for completion in November 2008. By mid-
2007, construction at Klerksdorp and Nigel was due
to start. Similar facilities are to be built in the
Eastern Cape, Western Cape and KwaZulu-Natal.
Construction of another three new-generation
correctional centres in Paarl, East London and Port
Shepstone respectively, announced in 2006, is
expected to start in 2008. The five new-generation
correctional centres will have 3 000 beds each.
[ Top ]
Managing awaiting-trial detainees
In 2006, Cabinet mandated the department to lead
a project of re-engineering the Management of
Awaiting-Trial Detention (MATD) system in South
Africa.
The scope goes beyond addressing the
congestion of facilities and includes ensuring that
all provisions of the Constitution, legislation and
international protocols applicable to unsentenced
inmates are applied.
The task team members are from the
departments of justice and constitutional development, of home affairs, of social
development and the South African Police Service (SAPS).
As a result, the Department of Correctional Services has established a directorate to drive the
development of appropriate policies and
procedures, identification of correctional centres
for use as pilot remand-detention facilities in each
region, as well as the development and
implementation of a synchronised cluster programme
of action aimed at meeting short- to long-term
strategic needs in managing ATDs.
Of the 158 859 inmates in June 2007, 44 507
were ATDs, which put significant strain on already
congested facilities. Those who were awaiting trial
represented almost 30% of the total offender
population.
The MATD system aims to reduce risks imposed
by ATDs on public safety while improving
compliance with constitutional imperatives in terms
of access to basic services such as education,
health and other social services for those regarded
as innocent until proven guilty.
By March 2007, the MATD Project Team was
focusing on:
- developing policies, appropriate legislation and
procedures for consideration and approval
during 2007/08
- identifying suitable facilities for conversion or
dedicated use as remand-detention facilities
across the country
- optimising the use of technology, including the
tracking and electronic monitoring of the
accused so that, where appropriate, non-custodial
options are also used to reduce
overcrowding
- ensuring an integrated informationmanagement
system across the CJS to assist
with decision-making.
[ Top ]
Safety and security
One of the core objectives of the department is to
ensure that every correctional centre has a secure
environment with a correcting influence. This refers
not only to the prevention of escapes from custody,
but also to the creating and maintaining an
environment characterised by a significantly low
prevalence or absence of inmate abuse, violence,
corruption and negligence.
The department has implemented various measures aimed at
combating escapes. These include:
- the optimal use of
existing security aids and equipment
- continued evaluation of
security directives
- upgrading personnel training
- taking disciplinary action against negligent personnel
- rewarding
offenders who report or warn of planned escapes
- installing electronic fences and X-ray scanners in
high-risk prisons.
By implementing of national and
regional escape-prevention strategies, the department
succeeded in reducing the number of escapes
from 113 in 2005/06 to 93 in 2006/07. The number of escapes decreased by 67%
between 2002/03 (281 escapes) and 2006/07.
The department has created a culture of security awareness among its staff. All managers are involved in monitoring and ensuring adherence to security policies and procedures, through strict supervision, control mechanisms and disciplinary action against negligent officials.
The department is rolling out a biometric security
system and state-of-the-art fencing with CCTV monitors. The
system includes a biometric fingerprinting system
to manage inmate visitations. Some R300 million has been allocated over the MTEF.
The recently developed Minimum Security Policy
and Standards outlines five integrated pillars,
namely:
- personnel security and vetting
- security equipment
- security technology
- security information management
- operational security procedures.
[ Top ]
Offender assessment and profiling
The department assesses and profiles offenders to
determine the risk they pose to the public, and to
identify their rehabilitation and reintegration needs.
Offenders are assessed upon admission to identify
immediate risks and needs that require urgent
intervention.
They are each subjected to a comprehensive
assessment by a multidisciplinary team to work out
a sentence plan. The information from the
comprehensive assessment is then analysed to
compile a profile of the offender.
These interventions aim to determine risks of re-offending
and to prepare offenders for reintegration
into society. The department also profiles the
national offender population biannually to identify
different types of offenders in its facilities for planning purposes and to identify trends.
[ Top ]
Classification and categorisation of offenders
Offenders undergo safe-custody classification upon admission
to determine the level of security required to detain them. Offenders are classified into high, medium or minimum
security risk levels for placement in maximum-, medium- or
minimum-security correctional centres or units.
Variables taken into account are the
type of crime committed, the length of the sentence,
previous convictions, convictions, current multiple offences (number),
current multiple offences (categorisation), time lapse
between current offence/s and previous convictions,
history of violence (prior convictions) for violent
offences within the last five years, escape history,
age at admission on current sentence,
motive/circumstances under which crime was
committed, crime committed in gang-context/crime
syndicate, and number of victims (human).
The safe-custody classification of all
offenders is reviewed regularly, and if their behaviour or
any other aspect affecting their security risk justifies
it, reclassification takes place.
There are eight categories of offenders in South African
prisons, namely:
- ATDs (mainly offenders standing trial
on a charge and detained in prison pending the conclusion of
the judicial process)
- short-term offenders (offenders serving a sentence of
less than two years)
- long-term offenders (offenders serving sentences of two
years and longer)
- children/juveniles and youth ATDs between the
ages of 14 and 25
- sentenced children/juveniles and youths between the ages
of 14 and 25
- sentenced children/juveniles and youths
between the ages of 14 and 25
- women, including women with children
- foreign nationals
- offenders with disabilities.
[ Top ]
Young offenders
In terms of the Constitution, a child is a person under the
age of 18 years. The Department of Correctional Services regards a person between the
ages of 14 and 25 years as a youth. The department is
responsible for the detention, treatment and development of
sentenced juveniles.
Section 7(2)(c) of the
Correctional Services Act, 1998 (Act 111 of 1998) [PDF],
stipulates that children must be kept separate from adult
offenders and in accommodation appropriate to their age, as
young offenders are predisposed to negative influence.
The separation aims
to provide distinctive custodial,
development and treatment programmes, as well as spiritual care,
in an environment conducive to the care, development and
motivation of youths to participate and to develop their
potential.
The nature of serious offences committed ATDs and sentenced offenders under the age of 20
years is decreasing. A breakdown of the nature of the crimes of those in custody on March 2007 revealed that there were 4 042 offences of an economic nature, 6 160 aggression-related offences, 1 591 sexual offences, 154 drug-related offences and 445 for other crimes committed.
Of the crimes committed by 36 363 sentenced youths between the ages of 14 and 25, 19 848 were aggression-related, 9 858 of an economic nature, 4 704 sexual, 595 drug-related and 1 630 for other types of offences.
There are 13 youth correctional facilities in the country,
namely Hawequa, Brandvlei, Drakenstein Medium B and Pollsmoor
Medium A (Western Cape); Leeuwkop, Emthonjeni and Boksburg (Gauteng);
Rustenburg (North West), Durban and Ekuseni (KwaZulu-Natal);
Groenpunt and Kroonstad (Free State); and Barberton Prison
(Mpumalanga).
The development and support of youth offenders form an
essential part of their incarceration. The aim of rendering
professional services (education, lifeskills, learning a trade,
moral and spiritual enlightenment and personal development) is
to rehabilitate youth offenders, contribute towards their
behavioural change, and prepare them for their reintegration
into the community. The focus is on promoting and developing leadership
qualities. A holistic approach is followed in which:
- young offenders are motivated to actively participate in
their own development and the realisation of their potential
- a culture and atmosphere where development prevails
- discipline and co-operation between officials and
offenders, and among offenders, are fostered and maintained.
By May 2007, there were 1 149 children in
correctional facilities, compared with 1 336 in
2006/07.
[ Top ]
Mother-and-child units
The department has aligned its Infants and Mothers
Policy with the Children’s Act, 2005 (Act 38 of
2005) [PDF].
Mother-and-child units have been established in eight female
correctional centres countrywide. By March 2007, there were 154 infants under
the age of five in these units, which was less than the
previous year’s figure.
Policy stipulates that mothers and children be kept in
separate units in the correctional centre, where the surroundings and
facilities are complementary to the sound physical, social and
mental care, and development of children. Those of
crèche-going age attend crèche either in the
centres where there are such facilities or at
external facilities.
Infants are allowed to stay with their mothers
only if no other suitable accommodation and care
are available at that stage. It should also be
regarded as a temporary measure. The policy
recognises the right of the mother to have her
infant with her during admission because it
promotes a positive relationship between mother
and child. The policy emphasises that the mother
should be taught sound childcare practices to build
her own self-esteem and self-confidence, and for
the benefit of the child.
[ Top ]
The privilege system
The main objectives of the privilege system are to encourage
offenders to display good behaviour, to engender a sense of
responsibility in them and to ensure their interest and
co-operation in treatment programmes. The system consists of primary and secondary privileges.
Primary privileges are aimed at retaining, maintaining or
furthering family ties to, among other things, facilitate
reintegration into society. These privileges are divided
into A, B and C groups. The entry level for all new admissions
is the B group and, depending on behaviour, an offender may be
promoted or demoted to either the A or C privilege group. Secondary privileges are aimed at leisure-time activities
such as participation in sport and watching television. No
sentenced offenders are allowed to receive food from outside
prison or to use private electrical appliances.
[ Top ]
Healthcare services
The Department of Health views the healthcare of
offenders as an important responsibility. It includes nutrition, personal care, environmental hygiene and pharmaceutical services.
The department endorses the
fundamental rights and privileges of all offenders. In accordance with the Correctional Services Act, 1998 [PDF], an
independent judicial inspectorate regularly inspects all prisons
and reports on their conditions and the treatment of offenders.
The policy and administrative framework for the maintenance of
an adequate, affordable and comprehensive healthcare service is
based on the principles of primary healthcare (PHC).
The
service includes mental, dental and reproductive health,
supplementary healthcare, health-promotion, and management of
communicable diseases, including HIV, AIDS and sexually
transmitted infections (STIs).
The approach to healthcare in South Africa's correctional
facilities focuses on:
- adherence to ethical codes by health
professionals
- regular health-quality inspections
- compliance with rules of confidentiality and
privacy regarding the medical records of patients
- continuous evaluation and upgrading of medical
emergency services.
The
Department of Correctional Services provides a system in
which offenders are treated in the same way as other patients in
state facilities following PHC principles. Offenders in need of further healthcare are, as far as
possible, treated in state hospitals.
The use of private
hospitals for offenders is permitted in cases where public
hospitals are unable to provide access to healthcare and only
after approval by the Regional Commissioner of Correctional
Services.
The department's objective is to maintain a high standard of
personal hygiene by ensuring that the following are provided to
offenders:
- toilet and bathing amenities with hot water
- suitable clothing and comfortable shoes
- adequate bedding
- a clean and healthy environment
- safe drinking water
- a smoke-free prison environment.
The Minister of Correctional Services approved the department's HIV and AIDS Policy in October 2002. In 2006, the department conducted a health-needs
assessment based on government priority areas, as
well as a survey of HIV and syphilis among
inmates and staff. The results of the
survey will inform the department’s related
programmes and policies.
The department is implementing the
Comprehensive Plan on Prevention and Care of HIV and AIDS [PDF] of the Department of Health, which
includes providing antiretroviral (ARV) therapy to
offenders who qualify for this treatment. Altogether, 47 438 HIV
and AIDS awareness and health-education
sessions were held with offenders in 2006/07.
The department is also collaborating with the
Department of Health to assess identified
correctional centres for accreditation as ARV therapy-providers. In March 2007, Kimberley
Correctional Centre became the ninth accredited
correctional location to roll out ARV treatment to
offenders. The other eight ARV-accredited sites are
Qalabusha, Durban-Westville, Pietermaritzburg,
St Albans, Johannesburg, Grootvlei, Groenpunt and
Kroonstad.
By the end of 2006, 2 323 offenders were
receiving ARV therapy.
The department's HIV and AIDS Policy caters for:
- prevention, which involves the promotion of safe sexual practices, management and control of STIs, provision of condoms and access to voluntary counselling and testing
- treatment, care and support
- respect for human rights
- awareness campaigns and the commemoration of HIV and AIDS calendar events
- partnerships with other government departments, the private sector, NGOs and educational institutions
- peer-led education programmes to introduce behavioural changes among peers
- the appointment of employee-assistance practitioners to implement employee-wellness programmes.
Exceeding its target of 445 in 2006/07, the
department trained 1 159 offenders and officials as
peer educators to strengthen prevention initiatives.
[ Top ]
Nutrition
The department is committed to maintaining the health and
strength of those entrusted to its care by satisfying their
nutritional needs according to the Recommended Daily Allowance
for food intake.
The objective is to provide all offenders with
three nutritious meals per day and to provide for
therapeutic and special diets when prescribed by a
medical doctor. The system also allows for religious
and cultural diets.
To ensure compliance in this regard,
a contract is negotiated with an external service-provider
to provide balanced meals to offenders,
and to train staff and offenders who work in the
kitchens.
[ Top ]
Rehabilitation
Rehabilitation aims to provide treatment and
development programmes to offenders in partnership with the
community. Participation in rehabilitation programmes enhances personal and social functioning, and
prepares offenders for reintegration into society as productive,
well-adapted and law-abiding citizens.
Multidisciplinary teams, consisting of social workers,
psychologists, chaplains, educators, correctional officers and
others (the external community), address the basic needs of
offenders with comprehensive assessments and various
needs-based programmes.
The development and rehabilitation processes, which enable
offenders to improve their mental health, social functioning,
competencies, knowledge, skills and spiritual well-being,
focus on the following key strategies:
- raising the literacy rate within the prison
environment
- engaging community organisations to assist with
development programmes for offenders
- establishing training centres at large correctional
centres, but also building capacity to deliver
training programmes in smaller centres
- marketing rehabilitation programmes to
offenders and the community
- promoting and implementing restorative justice
principles to ensure the involvement of
offenders, victims and the community in the
rehabilitation process.
[ Top ]
Institutional committees
Institutional committees at each prison are responsible for
ensuring a professional and co-ordinated approach towards the
incarceration, treatment, training and development of all
offenders.
This is implemented by means of a multidisciplinary
approach in which all role-players are involved, i.e. those
concerned with custodial, training, educational, psychological,
religious-care and social-work functions, recreational sport and
library projects, as well as self-sufficiency and skills
programmes.
[ Top ] Education and training of offenders
All offenders have a right to basic education.
The aim is to enhance the education level of offenders so that their reintegration into society can be
strengthened..
All formal education programmes are outcomes-based,
needs-driven and meet the requirements of
the
National Qualifications Framework [PDF]. Offenders
are given access to the General Education and
Training, Further Education and Training (FET) and
Higher Education and Training (HET) bands.
Services are provided to sentenced offenders and
ATDs, in collaboration with external partners such
as government institutions, training institutions and
NGOs.
Education programmes include:
- Pre-Adult Basic Education and Training (Abet) and Abet levels 1 - 4
- 10 – 12 FET grades
- HET (FET degrees/diplomas)
- computer-based training
- life-skills training and development
- entrepreneurial skills training.
The main emphasis is on providing literacy and
numeracy programmes, which include training in occupational,
life and entrepreneurial skills. This should enhance the chances
of the successful reintegration of the offender into society and labour market. During 2006/07, 102 000 offenders
participated in sport, arts and culture programmes.
Participation in trade workshops and farming
activities develops the employability of offenders
and complements rehabilitation by providing
offenders with skills.
The department uses the products and produce,
sells to other departments (office furniture) and
donates some to impoverished communities.
The department has 20 prison farms on about
40 000 hectares (ha) of which 6 386 ha are dry
land, 2 040 ha are under irrigation, 20 885 ha are
natural grazing and 9 937 ha are barren. In
addition, the department has 116 vegetable
gardens at smaller correctional centres.
The department produces a wide range of
agricultural products that contribute to self-sufficiency.
Milk, butter, broilers, eggs, beef, pork,
venison, vegetables, fruit, maize-meal and fodder
products (maize, silage, hay, etc.) for livestock are
being produced.
Apart from the practical skills that an offender
acquires while working on a farm, the department
offers formal training with the assistance of
instructors in the following courses, which are
based on the syllabi of acknowledged external
agricultural training centres: irrigation, vegetable
cultivation, care for calves, operating milking
machines, cattle care, operating tractors and
maintaining fencing.
The department has 10 production workshops
for wood and steel manufacturing. It also has 16
textile workshops for the manufacturing of clothing
and bedding for offenders. Qualified production
managers and technicians manage these
workshops.
The workshops produce office furniture,
benches, recreational equipment, student tables,
broom handles, kitchen equipment, beds for
offenders, cabinets, lockers, trailers, shirts, trousers
and shoes.
Almost R3 million in revenue was generated in
2006 from selling products made in the workshops.
Qualified instructors give formal training and
offenders receive accreditation from relevant
training boards. The following courses are
presented:
- fitting and machining
- metal work
- cabinet-making
- wood machining
- garment manufacturing
- technical drawing
- machines
- materials.
Every offender who completes the training is
evaluated through an examination and is issued
with a certificate, which is acknowledged by the
labour market and the relevant sector education
and training authority.
[ Top ] Psychological services
Psychological services are provided for sentenced offenders to
improve their mental health and emotional well-being. In areas where there are no departmental psychologists, the department uses the following procedures to address the emotional needs of offenders:
- external registered psychologists can be contracted
if a medical practitioner referred the offender for
psychological treatment
- offenders may see a private psychologist at their own
expense
- students who are studying towards their MA degrees
in clinical or counselling psychology provide services
without remuneration under the supervision of their respective
universities. Following an agreement with the Department of
Health, the department offers places for
psychologists who need to complete their one-year
compulsory community service. This came
into effect in January 2005 and has had a very
positive effect on the psychological resources
available in the department.
By May 2007, the department had 48 psychologists. It surpassed the 2006/07 targets of
15 500 by reaching 17 818 offenders.
[ Top ]
Social-work services
Social-work services aims to provide professional services to
help offenders cope more effectively with problems relating to social functioning, and to prepare them for reintegration into
society. Social workers employed by the department
provide structured programmes on life skills, family care
and marriage, alcohol and drug abuse, orientation, sexual
offences, trauma, pre-release and HIV and AIDS treatment.
In 2006/07, some 86 571 social-work sessions
took place.
[ Top ] Spiritual care of offenders
Spiritual-care services are rendered to offenders through needs-based
programmes within a multi-disciplinary context. This is done in partnership
with churches or faith-based organisations (FBOs) to
rehabilitate offenders and reintegrate them into society. It also aims to contribute to changing offenders'
behaviour, based on a lifestyle which is in accordance with the
acceptable values and norms of their faith.
Sentenced and unsentenced offenders,
probationers, parolees and personnel (on an ad hoc
basis) have access to spiritual-care services. The department employs full-time chaplains and part-time
spiritual workers from various religious backgrounds.
The department is a member of the International Prison Chaplains' Association (IPCA). A working
relationship also exists with FBOs like Prison Fellowship International, Alpha, New Life Behaviour Ministries and Kairos. Provision is made for
offenders to observe the main religious festivals
and holy days such as Ramadan, Passover, Good
Friday and Christmas. Religious and spiritual
literature, such as the Bible and the Qur’an, are
supplied to offenders.
In 2006/07, 164 582 spiritual-care sessions
took place against a target of 162 500.
[ Top ]
Case-management committees (CMCs)
CMCs at each correctional centre are responsible
for ensuring a professional and co-ordinated
approach towards the incarceration, treatment,
training and development of all offenders.
This is implemented by means of a
multidisciplinary approach in which all role-players
are involved, i.e. those concerned with custodial,
training, educational, psychological, spiritual-care
and social-work functions; recreational, sport and
library projects; as well as self-sufficiency and life-skills
programmes.
CMCs have statutory decision-making
competencies regarding the safe custody of
offenders, individual participation, subgroup and
group programmes, as well as rewarding positive
behaviour promptly.
In 2006/07, the department intensified the work
of CMCs and the correctional supervision and
parole boards (CSPBs) and reduced cases by
49,16% to 9 957.
[ Top ] Release of offenders
The
Department of Correctional Services, as part of
the Criminal Justice Cluster, is entrusted with
dealing responsibly with all offenders in its charge,
for the duration of their sentence. Part of this
responsibility is ensuring that offenders are
returned to society in a responsible manner and at
the most appropriate stage of their sentence or at
the end thereof. This has to be done not only in the
offender’s own interest, but also in the interest of
the State and society.
Although offenders have to serve their full
sentences, the department realises that, in the
interests of successfully reintegrating offenders, it
is normally not appropriate for them to serve the
full period of their sentences in a correctional
centre.
In South Africa, parole is a form of conditional
placement, which may be granted to offenders after
they have served a certain period of the sentence
imposed by a court. The remainder of the sentence
is then served under supervision in the community,
subject to specific conditions of the system of
community corrections.
The majority of cases under consideration for
parole are dealt with by the CSPBs, with some
exceptions, e.g. those sentenced to less than 12
months, which the Head of the Correctional Centre
deals with. Those sentenced to life imprisonment or
who are declared dangerous criminals are
considered by the Minister of Correctional Services
and the courts.
The primary task of a parole board is to consider
and approve/disapprove the placement of offenders
under either correctional supervision, on day parole
or parole on medical grounds. By mid-2007, there
were 52 parole boards countrywide, which will be
expanded during the next few years.
Crime victims can make representations to a
parole board when the placement of an offender on
parole or under correctional supervision is
considered.
Although the
Correctional Services Act, 1998 [PDF]
allows for a parole-board decision to be final, which
means that members of the department cannot
overrule the decision of a parole board, the
legislator deemed it necessary to provide for a
correctional supervision and parole review board
empowered to review decisions of any parole
board.
The Parole Review Board acts as the mechanism
whereby the minister and the commissioner can
ensure that parole boards do not abuse their
powers.
Should reasons exist that a parole board might
have failed in its decision, the minister or the
commissioner may refer such a case to the Parole
Review Board. The review board has the authority
to either confirm the decision of the parole board or
substitute the decision, which must be made
known to the relevant parole board and also to other parole boards to serve as future guidelines.
The Parole Review Board, through the rule of law,
gives guidance to other parole boards.
The board consists of members selected from
the National Council on Correctional Services and is
chaired by a judge of the Supreme Court of Appeal. Other members who
serve on the board are a member of the NPA, two
members of the community, a person with special
knowledge of the correctional system and a
member of the Department of Correctional
Services.
At the end of the 2006, there were more than
60 000 parolees and probationers who were
serving their sentences under community
corrections.
[ Top ]
Reintegration into society
The department aims to equip offenders with the skills
needed for their effective reintegration into society after release.
Offenders sentenced to longer than six months' imprisonment
undergo a basic pre-release programme before release. Aspects
receiving attention include how to secure employment and personal-finance management.
Specialists from the community are also involved in the
reintegration process. Care and support for an offender
are prerequisites for release. Before
offenders are placed, they are assisted with obtaining
employment and accommodation, or at least care and support.
Community involvement in supporting offenders after placement is
encouraged. Offenders are provided with financial and material assistance
before they are released.
Four corrections programmes have been
developed and endorsed, marking a real focus on
root causes of crime in society, namely anger
management, a sexual offenders programme, substance abuse and a pre-release programme.
Participation in rehabilitation programmes will soon
be compulsory.
The White Paper on Corrections [PDF] is based on the principle that the Department of Correctional Services should be an institution for rehabilitation, and that
rehabilitation and social integration of offenders
are the joint responsibility of society and the State.
The department
has partnerships with NGOs, FBOs and
community-based organisations in rendering reconciliation and moral renewal
programmes for offenders and communities, so that
rehabilitated offenders may be released into a
receptive environment to ensuring that both
offenders and their victims, or affected families and
communities, are reconciled.
[ Top ]
Community corrections
A position paper on the social reintegration of
offenders was developed in alignment with the
White Paper on Corrections and with due
cognisance of African and other international policy
instruments.
The paper focuses on the need to increase the
involvement of communities and the capacity to
efficiently rehabilitate offenders subject to
correctional and parole supervision and other non-custodial
measures.
Policies and supporting procedures were
subsequently developed and changes made to the
organisational structure. The judiciary and
stakeholders were briefed accordingly during
roadshows to promote co-operation and the use of
non-custodial measures such as community
service.
During February 2007, 1 706 officials at 194
community corrections offices managed a daily
average of 46 558 active offenders (29 218
parolees and 17 340 probationers) as well as the
tracing of 24 145 absconders (18 403 parolees and
5 742 probationers).
It is an offence for probationers or parolees to
abscond from the system of community corrections
and, if found guilty, they may be sentenced for up to
10 years’ incarceration. Absconding from
community service has decreased since the end of
the 1990s, and a framework was drafted to further
reduce absconding and to trace absconders.
[ Top ]
Supervision of parolees
Parolees are subject to certain conditions and
supervisory measures aimed at gradually reintegrating them into
society.
To achieve these goals, parolees are allocated to a
supervision official of the department, who ensures that they
are monitored regularly and
receive the necessary support and guidance to
promote their reintegration.
Contravention of parole conditions
leads to interventions such as correctional programmes,
stricter conditions, increased supervision and
revocation of parole. Based on their risk profile, there are five supervision phases for parolees.
The conditions for parole usually include periods
of house detention, restriction to a specific magisterial
district, attendance of correctional programmes
and performance of community
service.
Monitoring includes visits to the
parolee's home and workplace, telephonic liaison, and
consultations at the Community Corrections Office.
[ Top ]
Correctional supervision
Correctional supervision refers to several alternative sentencing
or placement options available to courts, and entails the sentencing or placement of offenders under correctional
supervision for a certain period.
Some offenders may have to serve a short period
of incarceration before their sentences can be
converted to correctional supervision. Correctional
supervision provides the opportunity to deal with
some offenders outside the walls of correctional
centres. Offenders who pose a real threat to the
community and who have chosen crime as a career,
however, do not qualify for correctional supervision.
Offenders under correctional supervision have to
report to a supervision official who ensures
compliance with conditions such as:
- house detention
- free community service
- victim's compensation
- restriction to a magisterial district
- prohibition of alcohol use or abuse
- participation in certain correctional programmes.
If the conditions are violated, offenders can be
referred to the court for consideration of an
alternative sentence or, in certain cases, correctional supervision can be revoked in which
case they have to serve the remainder of their
sentences in correctional centres.
Persons awaiting trial may also be placed under
correctional supervision. Because little is known
about their criminal record prior to conviction, they
are classified under the supervision category.
Persons accused of a crime can also, instead of bail
or in addition to bail, be placed under the
department’s supervision while awaiting trial or
sentencing.
[ Top ]
Day parole
A small number of offenders are placed on day parole either because
they are institutionalised or have a doubtful prognosis and pose
a high security risk to the community. These offenders are
gradually resettled into society as a bridging measure,
instead of being released upon termination of sentence. Day
parolees have to comply with certain conditions.
Contravention
leads to withdrawal of privileges, stricter conditions or
suspension of day parole.
Under certain circumstances, offenders whose parole has already been
approved may be
allowed to spend weekends at home for the consolidation
of family ties, preparation for release, or for
reasons that involve the reintegration of the offender
into society.
Offenders may also be granted compassionate
leave, for them to attend close family members’
funerals.
The offender has to observe strict conditions, which include
abstaining from drugs and alcohol, being in the care of a
specific person and at a specific address, personally accepting
liability for any event that might result in expenses for the
State, and not being found guilty of any misconduct.
[ Top ]
Employee organisations
Employees of the Department of Correctional Services subscribe to the Labour Relations Act,
1995 (Act 66 of 1995) [PDF].
Two labour unions are active in the department, namely the Police and Prisons' Civil Rights Union and the Public Servants' Association.
Because the department renders an essential
service, its members are not allowed to strike.
[ Top ]
Good governance
The department approved a three-pronged anti-corruption strategy in 2003 in line with the Public
Service Anti-Corruption Strategy [PDF], which focuses on:
- preventing and investigating corruption, fraud,
theft and serious maladministration
- sanctioning officials found guilty of corruption,
fraud, theft or serious maladministration.
The department has complied fully with
government’s Minimum Anti-Corruption Capacity
requirement, and of utmost importance is the
agility displayed by units in the department tasked
with combating and preventing fraud and corrupt
activities within the department. Its policy
frameworks include a fraud-prevention policy, a
whistle-blowing policy and an anti-corruption
policy. The department took a bold step in 2006 by
naming and shaming those officials who were
found guilty of fraud and corruption.
To strengthen its anti-corruption mechanisms
and security in its facilities, the department plans to
set up its own Vetting Fieldwork Unit together with
the National Intelligence Agency.
The department’s efforts at building an ethical and
secure correctional system are ongoing, as
evidenced by the launch of anti-corruption and
ethics management training in 2006, which
equipped 880 managers with the skills needed to
improve work ethics and fight corruption.
The R4-million training programme
comprises nine modules that include:
- ethos in correctional services
- evolution of corruption and factors contributing
to corruption
- understanding corruption and factors contributing
to it
- understanding anti-corruption strategies
- risk management
- conflict, diversity and change management
- ethical reasoning and decision-making
- professional ethics for the Public Service.
This training was expected to be rolled out to
lower levels during the 2007/08 financial year.
To combat fraud and corruption, the department has forged partnerships with external agencies
such as the SIU, the Directorate of Special Operations (DSO) and SAPS.
The results of these partnerships include:
- A new code of conduct that closed gaps in the
disciplinary system.
- A task team with regional representatives being
established to accelerate the implementation of
the disciplinary recommendations of the Jali
Commission that were tabled in 2006. As a
result of the Jali Commission, the Departmental
Investigation Unit investigated over 100
officials.
- Also emanating from the Jali Commission
recommendations, the Scorpions arrested
120 persons as part of investigations into
medical-aid fraud amounting to R45 million. By
mid-2007, the disciplinary hearings of 96
officials were in the final stages.
- The department’s internal anti-corruption
campaign was expected to kick off in 2007 to
strengthen the move to a more secure and
ethical correctional system.
[ Top ]
International co-operation
The Department of Correctional Services works closely with organisations such as the American Correctional Association and the International Corrections and Prisons Association (ICPA).
The department endorsed the Charter of Fundamental Rights for Prisoners at the 11th UN Congress on Crime Prevention and Criminal Justice in April 2005.
It will continue to participate in multilateral
fora such as ICPA, the Conference of
Commissioners for East and Southern Africa and the United Nations (UN).
In conjunction with other African states, the
department is developing a programme that will
result in full compliance with the UN minimum standards
on the treatment of offenders. Participation in
binational commissions and joint commissions of
co-operation has resulted in the department hosting
several delegations from various countries, as well as the Commission on Human and Peoples’ Rights under the African Union (AU).
Ministers responsible for prison management
and correctional services in Southern African Development Community (SADC) countries are
continuing efforts to implement the July 2003
Johannesburg Declaration on Corrections.
The declaration
seeks to include the field of corrections in
the work of regional and continental multilateral
structures.
Source: South Africa Yearbook 2007/08
Editor: D Burger. Government Communication and Information System
[ Top ]
Last modified: 22 April 2008 09:15:38. |
