Department of Correctional POSITION PAPER ON SOCIAL REINTEGRATION DEPARTMENT OF CORRECTIONAL...
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Transcript of Department of Correctional POSITION PAPER ON SOCIAL REINTEGRATION DEPARTMENT OF CORRECTIONAL...
Department of
Correctional
POSITION PAPER ON SOCIAL REINTEGRATION
DEPARTMENT OF CORRECTIONAL SERVICES
Services
Department of Correctional Services
• Rationale for Policy Review• History of Non-Custodial Sentencing• New Policy Framework• Statutory Framework• Integrated Support System• Forms of Delivery• DCS Functions in Social Reintegration• Advantages of the System• Progress to Date
Table of Contents
Department of Correctional Services
Rationale for Revisit
• International Instruments: – United Nation Standard Minimum Rules for Non-
Custodial Measures: Tokyo Rules– United Nations Minimum Rules for Administration
of Juvenile Justice: Beijing Rules – 1996 Kampala Declaration: Prison Conditions in
Africa– 1997 Kadoma Declaration on Community Service
Orders– 1999 Arusha Declaration on Good Prison Practice– 2002 Ouagadougou Declaration on Accelerating
Prison and Penal Reform in Africa
Department of Correctional Services
Rationale for Revisit
• South African White Paper on Corrections– Corrections as a societal responsibility– Offender must play meaningful role in the
communities– Partnership must be managed through formal
relations– Ensure involvement of the department in
community initiatives and community participation on activities of DCS
– Community involvement to ensure restoration of relationships and forgiveness
Department of Correctional Services
Rationale for Revisit
• Promotion of alternative sentencing by the courts
• Improve judicial confidence in insttutions managing probationers and parolees
• Promote structures collaboration with external partners
• Eliminate duplication of function betwenn DCS, Social Development and other social partners
Current Enviroment Rationale for Revisit
0
50000
100000
150000
200000
Prison Population 118080 130635 146435 154574 171462 170959 178998 189748 187640 187394 160213
Availible Accomodation 94796 96307 99407 98923 100130 102048 109106 111241 114787 113825 114505
Overpopulation 23284 34328 47028 55651 71332 68911 69892 78507 72853 73569 45708
1996/03 1997/03 1998/03 1999/03 2000/03 2001/03 2002/03 2003/03 2004/03 2005/03 2006/03
Community Corrections Population
0
10000
20000
30000
40000
50000
60000
Correctional Supervision 15957 17756 18377 19749 20720 20117 14769
Parole Supervision 22969 27713 27948 29214 32382 30862 23620
Total 38926 45469 46325 48963 53102 50979 38389
2000/03 2001/03 2002/03 2003/03 2004/03 2005/03 2006/03
Department of Correctional Services
History of Non-Custodial Sentencing
• The concept introduced in the country in early 1990s
• Sections of CSA amended to provide for correctional supervision (s. 84 (A))
• Programme piloted in Pretoria and Cape Peninsula
• Started with 7 Centres and currently 194• Registered success: 404 probationers and 22
720 hours of community services.
CURRENT FUNCTIONS OF COMMUNITY CORRECTIONS
• Compilation of pre-sentence report• Monitoring adherence to set conditions• Oversee supervision activities• Manage and coordinate activities regarding the
rendering of community service by offenders• Co-ordination and facilitation of programmes to
probationers and parolees• Tracing of absconders• Liaise with other government
departments/NGO’s/CBO’s/FBO’s
Department of Correctional Services
New Policy Framework
• Purpose– To provide services to all sentenced
persons (direct to community or incarcerated) in preparation for the completion of sentences to facilitate social acceptance and effective reintegration into their communities.
Department of Correctional Services
New Policy Framework
• Aim of Social Reintegration– Prepare the offender for successful re-entry– Re-entry must ensure public safety– Should aim to reduces chances of relapse
and repeat offending– Promote social responsibility– Promote stable, social and family relationship– Promote correction, reparation and victim
empowerment
Department of Correctional Services
New Policy Framework
• Key policy statements– Social Reintegration aims to extend the scope from
pre-sentencing to final release.– The programme is a significant element of
Rehabilitation– Encompass services aimed at victim empowerment,
enable courts appreciate circumstances of offenders, ensure family stability, promote social responsibility, public participation, defined role of NGOs, FBO, etc
– Promote integrated support and services– Differentiated services to probationers and parolees
Department of Correctional Services
New Policy Framework
• Phases of Social Reintegration– Pre-sentence– Incarceration phase (sentenced)– Community sentence (diversion, direct
sentence, conversion and community service)– Supervision phase– Preparation for complete release
Department of Correctional Services
Statutory Framework
• Criminal Procedure Act provides for:– Direct sentencing to correctional supervision– Place a bailed person under probation officer– Juvenile can be placed in places of safety or
probation officer– Section dealing with diversion not promulgated
• Probation Services Act – Provides pre-sentence report and support
programmes for probationers
Department of Correctional Services
Statutory Framework
• Correctional Services Act provides for:– Provides for parole system placing offender to
serve remainder of sentence in community– Provides for establishment of Community
Corrections Offices– Provides for community service orders (unpaid
work)– Promotion of Social Responsibility
• White Paper on Correctional Services– Provides for Partnerships– Community involvement in DCS work
• International instruments
Fa
mil
y
So
cia
l Clu
ste
r D
ep
t
Lo
ca
l Go
vt
IJS
Dep
art
Integrated Support System
Correctional Centre
Courts
Parolees
Probationers
NG
O’s
; F
BO
’s
Offender and ATDs
Department of Correctional Services
Forms of Delivery
• Partnership– Contractual relationship to deliver specified
service: Agency Agreement – Service Level Agreement: Provider provide a
service at own cost and resources– Volunteer Cadreship: supervised by DCS
• DCS Own Resource– Direct service provision– Supervised individualised services– Collaboration with DSD,DoE, DoL, etc
Department of Correctional Services
DCS Functions in Social Reintegration
• Pre-Sentence– Assessment of ATD– Compilation of pre-sentence report– Establishing database for integrated support– Manage referral system in communities– Identify and document criminal trends
– Source and provide family support
Department of Correctional Services
DCS Functions in Social Reintegration
• Resettlement– Induction of family and offender– Assessment of family, offender and
community– Provide Correctional Sentence Plan
interventions– Update reports on offender and family– Establish support group for offender– Identify opportunities for restoration
Department of Correctional Services
DCS Functions in Social Reintegration
• Supervision– Monitoring adherence to sentence conditions– Coordinate activities enabling compliance to
conditions– Monitor successful reintegration– Monitor relevant interventions as per risks,
needs and vulnerabilities– Oversee complementary supervision activities
Department of Correctional Services
DCS Functions in Social Reintegration
• Community Liaison– Profiling of communities– Promotion of correction as societal
responsibility– Liaison with local structures (CSF)– Manage community services database– Promote diversion programme– Scan and scout for collaboration activities– Assist with monitoring and tracing absconders
Department of Correctional Services
Advantages of the System
• Reduce intensity of tracing absconders• Promote societal involvement in corrections• Involve local structures in managing offending
behaviour• Promote credibility of the system and confidence of
the judiciary• Intensify integrated support system• Reduce the costs of correctional supervision• Promote awareness of crime prevention• Promote family stability and reintegration