NICRO SUBMISSION

DCS Budget Vote; Annual Performance Plan,2013/14; Strategic Plan, 2013/2014-

2016/17

16 APRIL 2013

• Earlier input of civil society in budget process;

• 20 billion to be spent on Corrections in 2015/16

• Evidence-based principles for effective Rehabilitation and Reintegration –key to reducing over-crowding and spending on Corrections in SA over the long term;

• Alternatives to imprisonment may also reduce costs

• Foreward to Budget Vote-departments and spending agencies have to learn how to do more with less

• Budget skewed 2013/14 –Rehabilitation 5.8%(increase 0.34%-2012/13); Care-8.4%(decreased 0.8%-2012/13); Social Reintegration -4.3%(up by 07%-2012/13);

• Commend the Department for declaring 2013-The Year of the Correctional Official!(was not clear what will the outcomes of such a year be? And how much it would cost? Will it lead to a more effective management of Correctional officials and improve their roe as “rehabilitators?”

• Presentation will address:

• Rehabilitation and reintegration of offenders ;

• The Correctional official as rehabilitator

• Overcrowding

• Conditions for incarcerated women;

• Alternatives to imprisonment

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“planned intervention which aims to bring about change in some aspect of the offender that targets the offender’s criminality, such as attitudes, cognitive processes, personality and mental health”

Rehabilitation treatment programmes can include educational and vocational training, individual and group counselling, and medical treatment;

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Little information on prisons in Africa; Dominated by descriptions of poor, overcrowded

conditions, brutality and suffering; Very little discussion on what can be done to

facilitate change in the prisoners, with the view to helping them lead crime-free lives upon their release;

Yet, rehabilitation and reintegration of prisoners is acknowledged as one of the key functions of the prison system, even in the countries of Africa;

Regional instruments consider it one of the most important aspects to consider in the treatment of offenders

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Recognizing the need for evidence-based correctional programming looks at factors in the broader social context which may have an impact on crime and on the offenders ability to reintegrate into society;

Most of these ideas have been developed and researched in the Western world. In analyzing their application and impact in the countries of Africa, it is useful to look at regional instruments as an expression of intent on the continent.

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1. Kampala declaration on Prison Conditions in Africa, 1996.

The detrimental effects of imprisonment be minimised so that prisoners do not lose their self respect, and sense of responsibility;

That prisoners should be given the opportunity to maintain and develop links with their families and the outside world;

That prisoners be given access to education and skills training

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2. Ouagadougou Declaration on Accelerating Penal and Prison reform in Africa,2002 (more specific reference to rehabilitation) recommended:

Promoting the reintegration of offenders into society; States should make greater efforts to use the period of

imprisonment or other sanctions to develop the potential of offenders and to empower them to lead a crime-free life in the future;

This is stipulated should include rehabilitation programmes focusing on the reintegration of offenders and contributing to their individual and social development.

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3. PLAN OF ACTION (Ouagadougou Declaration,2002): Promoting rehabilitation and development programmes during the period of

imprisonment or non-custodial sentence schemes; Ensuring that unsentenced prisoners have access to these programmes(DCS plan, pg

10-Budget vote doc. ‘incarcerating and safeguarding remand detainees in remand detention facilities; ensuring court appearance; developing remand detention policies; liaising with departments in the justice, crime prevention and security cluster on case flow management. ;

Emphasising literacy and skills training linked to employment opportunities; Promoting vocational training programmes certified to national standards; Emphasising the development of existing skills; Providing civic and social education; Providing social and psychological support with adequate professionals; Promoting contact with the family and the community; Sensitising families and communities in preparation for the reintegration of the person

into society and involving them in rehabilitation and development programmes; Developing Half-way houses(new initiative in Africa. DCS increasing support to Half

way houses from 1 in (2011/12) to 12 in (2015/16) and other pre-release schemes, Extending the use of open prisons under appropriate circumstances(e.g Mozambique

has open prisons) 8

4. Draft African Charter on Prisoner’s Rights (Central, Eastern, and South African Heads of Correctional Services [CESA]-was to be presented UN African Member states in 2002, and from their to the UN Bodies-did not make its way onto the agenda)

Sets out minimum standards for the treatment of prisoners; Section on rehabilitation of prisoners (Paragraph 14):

Programmes for physical and social rehabilitation and reintegration of prisoners into the community shall be provided;

Rehabilitation programmes shall involve, as far as possible, NGO’s to run schemes in prisons, in cooperation with the prison administration; and approved religious bodies shall have free access to prisoners to dispense spiritual welfare to them;(The Charter elevates the role of religious workers and spiritual services to a central place in the vision for rehabilitation services!). In SA 56% of inmates will have access to spiritual care services in 2015/16.

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Botswana Prisons service: The training and rehabilitation of all classes of sentenced prisoners in such skill and

social behaviour as may be necessary to effect change in their social resettlement into the community on their release as law-abiding members of the community(quoted in Frompong, 2001:83, in Dissel);

Uganda Prison Service Policy Document, 2000 and Beyond, Their mission is to encourage and assist prisoners in their rehabilitation, reformation

and social reintegration as law-abiding citizens(Foundation for Human Rights Initiative, Kampala, Uganda, August 2005, in Dissel);

South Africa: Correctional Services Act No. 111 of 1998, Purpose of the correctional system is to contribute to maintaining and protecting a

just, peaceful, and safe society, and instrumental in this is, ‘promoting the social responsibility and human development of all prisoners and persons subject to community corrections (section 2)

SA White Paper on Corrections, 2005, 20 year vision in which rehabilitation forms the basis of all activities in correctional services; Responsibility of the DCS is to correct offending behaviour in a secure, safe and humane

environment , in order to , “facilitate the achievement of rehabilitation , and avoidance of repeat offending

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Challenges: Prison systems fail to separate prisoners sentenced for serious crimes from those convicted for

less serious crimes (Dissel); Failure to create an environment conducive to rehabilitation ; Overcrowding has a negative impact on staffing and the management of a prison; Prisons are understaffed and few personnel have received training that helps them understand

their role in terms of facilitating development and reintegration (In SA we are budgeting for training? But do not know what training will be provided to officials and if all correctional officials are trained in the rehabilitation and reintegration of offenders);

Calibre of Correctional officials (Commissioner of Correctional Services in SA): “Correcting inmates in an extraordinary responsibility [that] needs extraordinary

citizens”(should this not then be the focus of training and development efforts?) At the moment we have got people with matric and no criminal record ; “staff have no respect for prisoners and still believe that they, “must be locked up and throw

away the key.” (Pretoria News, 29 September, 2005); Most countries in Africa, have no, or inadequate, numbers of professional staff, such as social

workers, psychologists, educators, and vocational trainers; Rehabilitation and reformation of prisoners viewed very narrowly –most African countries focus

on the provision of schooling, training or work opportunities seen as full extent of rehabilitation , even when no other psycho-social aspects are catered for (Dissel, p163)

“treatment programmes may be effective under certain conditions”-Layton McKenzie, 2000; McQuire,2000).

These conditions are/EBP(in Dissel,2008) Theoretical soundness Risk assessment Criminogenic needs Responsivity Structure Methods Programme integrity;

Governments around the world are moving to align their programmes and services with EBP. EBP asserts that public policy and practice must be based on the best available scientific evidence in order to be effective in the achievement of its goals and to be efficient in the use of taxpayer’s money;

Failure to match services to rigorous evidentiary standards not only wastes precious public resources but can lead to an exacerbation rather than the improvement of the problems and issues that government is attempting to address(Domurad & Carey, 2010:2).

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Assess actuarial risk/ needs; Enhance intrinsic motivation; Target interventions:

Risk Principle:Prioritize supervision and treatment resources for high risk offenders; Need Principle: Target interventions to criminogenic needs; Responsivity Principle: Be responsive to temperament, learning style, motivation,

culture and gender when assigning offenders to programmes; Dosage: Structure 40-70% of high risk offenders’ time for 3-9 months; Treatment: Integrate treatment into sentence and sanction requirements;

Skill train with directed practice (use cognitive behavioral treatment methods); Increase positive reinforcement; Engage ongoing support in natural communities; Measure relevant processes/practices; Provide measurement feedback.

In an analysis of the DCS Annual and Strategic plan it is not clear if EBP has been incorporated?

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CRIMINOGENIC NEEDS AND IMPLICATIONS FOR INTERVENTIONS

Top 4 criminogenic needs

Criminogenic need Response

History of anti-social behaviour Build non-criminal alternative behaviour in risky situations

Anti-social personality pattern Build problem-solving, self management, anger management, and coping skills

Anti-social attitudes and cognition Reduce anti-social thinking; recognize risky thinking and feelings; adopt alternative identity/thinking patterns (does the DCS incorporate CBT into their programmes?)

Anti-social association, peers Reduce association with anti-social others; enhance contact with pro-social others(how does one do this from a Correctional Management point of view? Gang management strategy)

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CRIMINOGENIC NEEDS AND IMPLICATIONS FOR INTERVENTIONS

Next 4 criminogenic needs

Criminogenic need Response

Family/marital stressors Reduce conflict; build positive relationships and communication(DCS-it does not appear that working with families to this end has been prioritized. 67%-projected to have access to social workers-2013/14. It is stated that social work services will enhance social functioning and reintegration of offenders into the community. Are social workers actively working to address family/marital stressors, or is this left to chance?

Lack of employment stability, achievement, educational achievement

Increase vocational skills; seek employment stability; increase educational achievement(DCS-only 74.1% of inmates will participate in adult education and training programmes. Only 1.6% of inmates are projected to participate in further education training in 2015/16; 21.02% in skills training and further education and training college programmes) .

Lack of pro-social leisure activities Increase involvement in and level of satisfaction with pro-social activities

Substance abuse Reduce use; reduce the supports for substance abusing lifestyle; increase alternative coping strategies and leisure activities(no substance abuse treatment programmes, leisure activities?)

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1. Low levels of education Prison-based education and training programmes give

prisoners skills needed to gain employment upon release;

2. Employment Imprisonment should provide the opportunity to gain

practical experience and set up contacts with potential employers;

3. Drugs and alcohol Prison could be an effective place to obtain drug

treatment;

4. Mental and physical health Prison could provide the opportunity for proper

diagnosis and treatment;

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5. Attitudes and self-control Prison programmes could help to improve prisoners thinking skills

and anger management;

6. Reinforce experiences of institutionalization and heavily structured regimes, or lack of activity which can damage a prisoners ability to think for or act for themselves

Prison could be a place to develop positive life skills;

7. Housing or accommodation Appropriate support in prison help prisoners access housing

subsidies and negotiate rent savings;

8. Debt Training in managing finances, debt managment and Access to

financial support ;

9. Families Prisons can give families to have input into prisoners rehabilitation

needs, deal with poor family relationships, stabilise financial needs and concerns.

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“The ideal correctional official should embody the values that the DCS hopes to instil in the offender, as it is the official who is to assist and facilitate the rehabilitation processes of the offender. An attitude of serving with excellence, a principled way of relating to others, and above all, a just caring attitude are essential ingredients of the behaviour of a correctional officials (Minister, DCS, Foreword, Strategic Plan 2013/14-2016/17, pg5; see the White Paper on Corrections, 2005 (S8.2) –”The Ideal Correctional Official”);

Effective programme to prevent and treat officials stress(financial savings). Risks and nature of the work in a correctional environment-stress among officials cannot be undermined: Threat of inmate violence against officials; exposure to violence among inmates;

inmates demands and manipulation; problems with co-workers. Other factors of understaffing(DCS 1562 vacant posts-30 sept2012); extensive

overtime; rotating shift work; low pay; poor public image-can impair health, lead to burnout, retire prematurely and impair their family life (Finn. 2000:iii)

Right kind of staff-rigorous selection(improved staff selection and training –fewer altercations staff, reduce staff absenteeism due to injury and improve management-union relationship), ongoing training and support from within the organization. The working relationship between official and inmate account for 1/3 of the change. Key indicators: Staff beliefs about inmates-punitive attitudes will reduce programme effectiveness; Fair but firm, empathic, good interpersonal skills. Model pro-social attitudes and skills, receive vision and understand common correctional fgoals.

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UK chief Inspector, 2001/2 Annual Report: Prison overcrowding is, however, undoubtedly making it more

difficult to build and sustain progress[with assessing prisoners and placing them in appropriate programmes]. It is more difficult to get prisoners out of cells and into activities. Frequent prisoner movement makes the completion of courses and skills based qualifications much more difficult (cited in Steinberg 2005:15 in Dissel).

Effective rehabilitation and reintegration strategies are key to reducing overcrowding in the long term-NICRO;

Creation of sustainable alternatives to incarceration (diversion and non-custodial sentencing);

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Hygiene; Inhumane treatment; Overcrowding; Rehabilitation

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“imprisonment is an ineffective method of punishment.”-Robert Martinson, (2001:270); In a recent paper on sentencing in South Africa, the author stated that, “Courts of law dare

not wilfully send offenders to such conditions (Terreblanche, S, Sentencing in South Africa: lacking in principle but delivering on justice?);

NICRO-prison is not the best option for many offenders-sending some offenders to prison simply makes the problem of crime worse;

Certain offenders can be sentenced to community-based therapeutic programmes and services designed to address their behaviour.

In this way, the root causes of the criminal behaviour are addressed and offenders are afforded the opportunity to turn their lives around. When a NCS includes attending therapeutic services and programmes, the offender’s behaviour can be changed. By making therapeutic services available at magistrates’ courts, NICRO seeks to encourage the courts to sentence suitable offenders to NCS, where the offenders’ sentences are carried out in the community rather than in prison. NCS is when an offender is sent to trial and they are found guilty. They have a criminal record. NCS for children is set out in the Child Justice Act. The Criminal Procedures Act sets out NCS options for adults. By delivering NCS services at courts, NICRO seeks to provide magistrates with viable alternatives for those offenders who do not need to be sent to jail.

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By making use of NCS alternatives, we can achieve the following:

Ensure that offenders can access services that will assist them in changing their thinking and behaviour, thus reducing the possibility of committing further crimes;

Keep low risk offenders out of prison and away from harmful influences;

Reduce the number of offenders who must be kept in prison; and

Encourage the public and the criminal justice system stakeholders to engage with the causes of crime and not simply punish offenders after the fact.

Over 6300 offenders have been through a NCS programme at NICRO since 2008;

independent NCS impact study -positive effect in addressing offending behaviour.

A Value for money analysis indicated that NCS is generally more cost-effective than imprisonment.

Major challenges -referral rates from courts - lower than anticipated, - lack of formal buy-in from government departments. No formal partnerships have been signed with government, despite several attempts from NICRO for this; lack of funding.

Due to lack of funding we have to now scale back from 45 to 28 sites that deliver NCS services.;

It is important that offenders are not simply given a NCS without addressing the behaviours that caused the crime in the first place. Ordering a fine to be paid or community service hours to be performed does little to change behaviour. Unless EBP principles and criminal thinking patterns and behaviours that the offender presents are changed, there will always be the likelihood of recidivism. If we are to fight crime in a meaningful way, we cannot simply punish people without addressing their behaviours and thinking patterns. By making use of the NICRO social worker and EBP programmes available at court, magistrates can ensure that offenders make amends for their actions and receive therapeutic interventions at the same time. The Benefits of Diversion and NCS are illustrated in Table 1(Appendices, page 36 of the comprehensive doc).

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The perceptions, beliefs and attitudes of the 1 016 people who participated in this research indicate: A willingness to consider NCS as a sentencing alternative for

offenders they perceive to not be dangerous or high risk A belief that civil society has a role to play in reducing crime

and those private citizens should be more involved. Ambivalence about the rehabilitative capacity of South African

prisons A general belief in the value of offender rehabilitation and

social reintegration, even for violent offenders. Ambivalence about the efficacy of longer prison sentences in

recuing crime.

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Research shows that programmes emphasising structure, discipline, and challenge like boot camps appear to have no impact on recidivism rates(Dissel)

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REQUEST THE COMMITTEE TO ENCOURAGE THE DCS TO UNDERTAKE A RIGOROUS PROCESS OF INCORPORATING EVIDENCE-BASED PRACTICES IN PLANNING AND BUDGETING PROCESSES. MAY IMPLY POLICY AND LEGISLATIVE CHANGES.

PROPOSAL FOR EARLIER PARTICIPATION AND INPUT OF CIVIL SOCIETY STAKEHOLDERS BEFORE TREASURY BUDGET ALLOCATION PROCESS. THROUGH THESE DELIBERATIONS HOPE TO FIND SOLUTIONS TO STRENGTHEN RESOURCE ALLOCATION TO THE REHABILITATION AND COMMUNITY REINTEGRATION COMPONENTS, AND ACHIEVE GREATER INTEGRATION BETWEEN THE TWO.

GRANT FOR NGO’S –INVESTIGATE US SECOND CHANCES ACT 2007(legislation authorizes federal grants to government agencies and non-profit organizations, and other services that can help reduce recidivism). The Minister alludes to incorporation of principles of the Second Chances Act_pg 5 of Strategic plan -2013/14-2016/17. Second Chances Act also incorporates EBP)

PROPOSE TO THE COMMITTEE A DCS FAMILY STRENGTHENING PROGRAMME

IMPROVING THE CONDITION OF FEMALE CORRECTIONAL FACILITIES

2013-YEAR OF THE CORRECTIONAL OFFICIAL-THE COMMITTEE TO REQUEST A PLAN FROM THE DCS. GOAL: PROFESSIONAL, WELL TRAINED, COMPETENT AND HUMAN RIGHTS FOCUSED CORRECTIONAL OFFICIALS

ALTERNATIVE SENTENCES AND DIVERSION-CONSIDERATION OF CONVERSION OF SENTENCES FOR THOSE INMATES WITH SENTENCES LESS THAN 24 MONTHS

GANG MANGEMENT STRATEGY –PRESENTATION AND INTERROGATION BY THE COMMITTTEE

GREATER COORDINATION BETWEEN REHABILITATION IN CORRECTIONAL FACILTIIES AND COMMUNITY CORRECTIONS –coordinated responses will yield efficiency

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Serin, R.C. 2005. Evidence Based Practice: Principles for enhancing correctional results in Prisons. Carleton University, Ottawa, Canada.

Domurad, F. & Carey, M. 2010. Coaching Packet: Implementing Evidence-Based Practices. (One in a series of Coaching Packets designed to assist jurisdictions in the implementation of effective practices that will support successful offender outcomes).

Annual Report 2011/12: Judicial Inspectorate of Correctional Services

Dissel, A. 2008. Rehabilitation and Reintegration in African Prisons, www.hsrcpress.ac.za

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VENESSA PADAYACHEE

NICRO NATIONAL MANAGER: ADVOCACY AND LOBBYING

TEL: 021-462 0017

Cell: 082 20 20 2 02

Email: venessa@nicro.co.za

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