POLICY OPTIONS ON PAROLE
SYSTEM IN SA
Presented by CDC Corrections
Introduction
• Recent focus by Portfolio Committee on Parole
raised very important issues;
– Public interest on the rights of offenders in general
– Raised policy and legal questions on parole for
department and Parliament
– Demonstrated varied understanding of SA Parole
system and our comparison to the world
– Highlighted practical challenges for dept in application
of current policies, and
– Highlighted ongoing need for public engagement on
rights of offenders, rights of victims, role of families,
CSPBs and delegated persons
Focus of the Presentation
• Provide a comprehensive definitions of Parole
and forms of application
• Provide comparative analysis of parole
application in SA and selected countries
• Highlight areas of best practice in our Parole
system
• Present areas requiring legal and policy
considerations
• Highlight current challenges for the SA parole
system
General Definition of Parole
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parole definition.doc
Release on conditional basis
May be return if failed to comply with conditions
Aim to assist offender with transition from
custody to normal crime free life
• Used to mitigate the harshness of the sentence
• Various forms include: conditional release and
other forms of compassionate releases
– In some countries offender can be returned
– Violate the conditions of parole
– Conditions poses threat to society
Parole Practices by Different Countries
(1)
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U. S. A.
Parole Board Decisions
– discretionary release influenced by rehabilitation which the Parole Board
considers factors such as participation in treatment programmes, readiness for
the community, seriousness of the offence & availability of suitable employment.
– Mandatory release is determined on the basis of the sentence or parole
guidelines.
Parole for inmates with special needs
– Elderly: 60 years old or over requiring 24 hour skilled nurse;
– Terminally ill: incurable condition that will result in death within 6 months
regardless of the use of life sustaining treatment and requiring 24 skilled nurse;
– Physically handicapped: specified categories and also requiring 24 hour skilled
nurse;
– Mentally ill: as defined in the policy; and
– Mentally retarded: as defined in the policy.
Parole Practices by Different
Countries (2)
United Kingdom
Compassionate Release on medical grounds granted by the Secretary of
State in consultation with the Parole Board.
Criteria for release on medical grounds:
-The offender is suffering from a terminal illness and death is likely to occur
very shortly (3 months considered appropriate period)
-The risk of offending minimal
-There are adequate arrangements for the prisoner’s care and treatment
outside
Compassionate License is a form of temporary lease designed to help
offenders deal with urgent personal matters, such funerals, visits to close
family members that are near to death, domestic crisis and urgent hospital
appointments.
Parole Practices by Different
Countries
(3)
New Zealand
The New Zealand Parole Board is independent statutory body. The makes decisions on
the release of offenders from prison and home detention.
Circumstances for consideration before parole eligibility date:
-Home detention is when an offender serves part of their prison sentence at an
approved address. Offenders under home detention may work but wear an electronic
device allowing their movements to be monitored.
-Compassionate release is when an offender applies for release from correctional
center due to either giving birth or terminal illness. An offender may also apply if he or
she is subject to a sentence of six months incarceration or less and proposes to
undertake a course of full-time study that commences before the release date.
-Extended Supervision Order: The Department of Correctional Services is able to
apply to court for intensive supervision of eligible offenders convicted of certain
sexual offences for up to 10 years after they have been released.
-Postponement Orders: When the Board considers an offender not suitable for
release on parole.
-Section 107 Orders: When the Department of Correctional Services applies to have
an offender kept in custody beyond their release date.
-Reviews: When an offender applies to have the Board review a decision made at
hearing.
Parole Practices by Different
Countries
(4)
Canada
The National Board makes decisions of conditional release of inmates on the
basis of risk assessment, risk prediction and risk reduction.
Conditional Release programs include:
-Full Parole: Offenders after the 1/3 point of their sentence can apply to
serve a portion of their sentence in the community.
-Day Parole: Granted for short periods of time, up to a maximum of 4
months.
-Temporary Absence: Either escorted and unescorted temporary
absence is granted to offenders for medical, compassionate, administrative
and family contact purposes. They can last from a few hours to 15 days.
Detainees not considered for parole are thought to likely commit another
offence causing death or serious injury if released; those convicted of
serious drug offence and sex offenders.
Parole Practices by Different
Countries
(5)
Ireland
Compassionate Temporary Release: Granted in the case
of death of member of offender’s immediate family or
critical illness of a member of the offender’s immediate
family.
Temporary release for Medical Purposes: It applies to
both sentenced and unsentenced inmates.
Consideration is given for temporary release for inpatient and out-patient hospital care because such care
cannot be provided in the correctional center.
Home Visits: Granted in circumstances where member of
the offender’s immediate family is chronically ill and
house bound - unable to visit the offender.
The use of Parole in South Africa
(1)
• The South African Correctional Services Act 111
of 1998 provides for three kinds of parole
namely: full parole, day parole and medical
parole.
• Full Parole: A period whereby an offender who
has served the prescribed minimum detention
period of his or her sentence in a Correctional
Centre is conditionally released to serve the
remaining sentence in the community under the
supervision and control of the Department.
The use of Parole in South Africa
(2)
• Day Parole: A day parole is a management
mechanism preceding the full parole intended to
gradually assist an offender to be released into
the community under controlled circumstances.
– Day parole is not widely used in South Africa
because of the capacity problems.
– The correctional centres currently do not have
facilities to house day parolees without
interfering with the lock-up times of the
general offender population.
The use of Parole in South Africa
(3)
• Medical Parole: The Correctional Services Act of 1998
provides for parole on medical grounds to any person
serving any sentence in a prison and who, based on the
written evidence of the medical practitioner treating that
person, is being diagnosed as being in the final
phase of any terminal disease or condition may be
considered for placement under correctional supervision
or on parole, to die a consolatory death.
• In 2007/8 a total of 36% passed on whilst in the system
of Community Corrections
• Temporary Release: release into custody of the family
normally for compassionate reasons – only when parole
date have been set.
The use of Parole in South Africa
(4)
• Correctional Supervision and Parole Review
Board
– The CSA establishes this body out of
members of the NCCS
– The Chairperson must be any one of the
Judges constituting the NCCS
– Its main function is to review any decision
taken by the CSPB
The use of Parole in South Africa
(5)
• Correctional Supervision and Parole Review Board
– Review is conducted based on the submission of the
Minister or the Commissioner
– Amendment bill provides for Insp. Judge to make
submissions
– Any person however can ask the Minister or
Commissioner to consider specific cases
– The decision of the Review Board is final and may
include setting aside, accepting and amending the
decisions of the CSPB
– Normally, decision of the CSPB is final but Review
Board’s decision overrides (and set precedent).
% Deaths vs Total
avarage sentenced in
custody
Natural deaths in relation to average
number of offenders in custody
1.26%
1.04%
2005/06
2006/07
Financial
Year
0.96%
2007/08
Medical Parole
Number placed on
medical parole
100
81
80
60
52
50
40
20
0
2005/06
2006/07
Financial Year
2007/08
Conditional Placements
25000
20000
22922
18278
15000
17235
10000
5000
0
2005/06
2006/07
2007/08
Policy Consideration for Parole
• Medical
– Medical determination of maximum period
– Situation for Awaiting Trial Detainees who are
terminal
– Revocation of medical parole upon improved health
conditions
• Public security, reintegration and victim concerns
• Disregard for nature of crime
– Conditions of release should include permanent stay
in bed under 24 hrs care
– Capability of families to genuinely take care of loved
ones
Policy Consideration for Parole
• Conditional Parole
– Application can be made exceptional and not the rule
(contrary to international trends)
– Rule out its application – constitutional test and
violation of current expectations (equity principle)
– Consideration body set up independent of
government (levels of independence vary)
– Defined community involvement in supervision
– Consideration of existing jurisprudence on parole in
SA
– The role for day parole: condition?
– Respect for roles and independence of the 3 arms of
the state (executive, judiciary and parliament)
Risks Associated with Parole
• Public concern about re-offending
• Vulnerability of the victims (right to voice an
opinion before parole)
• Public sense of injustice: period spend not
proportional to the offence or court decision
• Diminished sense of security and ever present
public threat
• Inconsistency in application of rules by CSPB
and other delegated persons
• Allegations of undue influence
KZN as Case Study
• Majority of offenders in KZN are concentrated in DBN and PMB
areas
• KZN has 8 CSPB, 19 402 sentenced inmates and 7 management
areas
• Critical Stats
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Natural deaths: HIV related 150 (2006), 130 (2007) and 95 (2008)
Focused programmes for HIV/Aids (medical treatment and support)
Other causes of deaths: 10 (2006), 19 (2007) 11 (2008)
Parole applied for and denied: 39. 7 % - 5 596 (2007/8)
Medical Parole applied for and denied: nil
Offenders died whilst awaiting parole approval: 2 (2008)
Released on medical parole: 30 (2006), 15 (2007) and 18 (2008)
5 known cases rejected by families
Of known 63 medical parole cases from 2007 to date – only 13 passed
on to date
– CSPB visit hospital wards (DBN) and check after inmates
Business Unusual: all hands on deck to detain, rehabilitate
and reintegrate offenders for a safer South Africa