22 August 2012 JUSTICE, CRIME PREVENTION AND SECURITY (JCPS) CLUSTER BRIEFING TO THE PORTFOLIO COMMITTEE ON CORRECTIONAL SERVICES STATUS REPORT ON THE.

22 August 2012

JUSTICE, CRIME PREVENTION AND SECURITY (JCPS) CLUSTER BRIEFING TO THE PORTFOLIO COMMITTEE

ON CORRECTIONAL SERVICES

STATUS REPORT ON THE IMPLEMENTATION OF

THE CORRECTIONAL MATTERS AMENDMENT ACT, 2011 (ACT 5 of

2011)

RELATING TO

(A) THE DETENTION OF UNSENTENCED INMATES AND

(B) THE ADMINISTRATION OF MEDICAL PAROLE

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JCPS CLUSTER IMPLEMENTATION OF THE CORRECTIONAL MATTERS AMENDMENT ACT (ACT 5 of 2011)

Table of ContentsPart A

1. Introduction2. Preparatory Process

Part B: Remand Detention: Implemented sections1. Section 5(a): Establishment of Correctional Centres and Remand Detention Facilities

2. Section 5(2)(b): Detention of Remand Detainees in SAPS police cells not longer than

seven days 3. Section 49D: Mentally ill Remand Detainees4. Section 49F: Surrendering of Remand Detainees to SAPS for further investigation

Part C: Remand Detention: Sections that are not promulgated for implementation

1. Section 48: Provision of uniform to RDs 2. Section 49E: Referral of severely incapacitated or terminally ill RDs to court3. Section 49G: Referral to court based on the length of detention

Part D: Administration of Medical Parole

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Part A:

1. Introduction

2. Preparatory Process

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1. Introduction

Reducing the overcrowding in Correctional Services Facilities has been and continues to be a priority for the JCPS Cluster and is part of the focus areas of the Cluster’s Delivery Agreement in terms of the Government’s priorities in relation to Outcome 3 (all people are and feel safe in South Africa).

In general it can be noted that the continued good interaction between the role players in the JCPS cluster and improved coordination efforts has led to the forging of strong partnerships and the results we are now seeing.

The number of remand detainees continue to decrease on a year to year basis in terms of annual statistics as a result of JCPS Cluster interventions that include improved case flow management and speedier trials, increased use of Alternative Dispute Resolution Mechanisms (ADRM), a focus on long outstanding cases through additional backlog courts and prioritisation of all matters where accused are in custody for long periods of time (including the monitoring of all matters longer than 24 months).

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1. Introduction (cont.)

The number of criminal court cases finalised per year through ADRM increased from 129 846 in 2010/11 to 132 693 in the past financial year.

Since the inception of the case backlog intervention in November 2006 until the end of March 2012, the Regional and District backlog courts have removed 59 232 cases from the court rolls comprising of 40 418 cases finalised, 16 826 cases withdrawn and 1 988 cases transferred to higher courts. At the end of March 2012 there were 61 Regional and 21 District backlog courts functioning throughout South Africa.

The statistics of the first quarter of 2012/13 indicates the JCPS Delivery Agreement target was reached regarding case finalisation per quarter for the first time since 2009 (Q1 cases finalised target: 76,657, achieved: 84,175 (+9.8%)) as a result of intensified case flow management interventions.

The Social Crime Prevention Strategy was finalised in conjunction with the other sectors. It seeks to address the contributory factors to crime and will help reduce the number of “potential criminals” that may end up in Correctional Facilities.

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1. Introduction (cont.)

Overcrowding in Correctional Services Facilities has again been reduced in the past financial year through a reduction in both the number of remand detainees and the number of sentenced inmates. At the end of May 2012 there were on average 46 704 remand detainees (down from 53 901 in 2003/04) and 110 317 sentenced inmates. On 14 August 2012 the unlock total of remand detainees was 45076.

The matters of most remand detainees are dealt within 3 - 4 months. Only a relatively small percentage (less than 6%) remain there for more than 2 years. By the end of March 2012, the average length of time in Remand Detention was reduced to 96 days from a baseline of 150 days in 2010.

The establishment of additional facilities and upgrading of existing remand detention facilities remains positive work in progress.

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1. Introduction (cont)

It is against the backdrop indicated earlier that the Correctional Matters Amendment Act, 2011 (Act 5 of 2011), was approved in May 2011.

Its objective was, amongst others, to provide for a new medical parole system; to clarify certain provisions relating to parole and to provide for the management and detention of remand detainees.

All sections relating to the management of Remand Detainees (RDs) were promulgated for implementation on 01 March 2012 with the exception of the following:a)48: Provision of uniform to Remand Detainees

b)49E: Referral of of Terminally Ill or Severely Incapacitated Remand Detainees to court and

c)49G: Maximum Incarceration Periods of Remand Detainees

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2. Preparatory Process DCS: Regulations were developed and approved in the 3rd quarter of 2011/12;

DCS: Regional personnel were trained on the Act and Regulations in 2011/12 and

operational policies were developed in the form of circulars.

All JCPS Cluster role players were consulted on the Act and its implementation and

they are all assisting to ensure the implementation is a success. Departmental

contributions include the following:

DoJCD: The Department informed all Registrars, Regional Heads, Judicial Heads of

Courts and Court Managers about the establishment of remand detention facilities in an

internal Circular on 26 April 2012. The list of the remand detention facilities was

attached as an annexure to the Circular. The Circular was put on the Department’s

intranet, which ensured that all departmental offices received the circular. The Cluster

Protocols will be dealt with in the same way.

NPA: Copies of the protocol were distributed to all regions and e-mailed to every

prosecutor who has an e-mail address.

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Preparatory Process cont.Legal Aid SA: A Webpage has been developed to track all cases that are pending for

longer than 2 years and an E-Learning module has been developed for all LASA

practitioners to familiarize themselves with Section 49G.

JCPS: Cluster protocols were developed and approved in 2012 to handle cross-

cutting provisions.

JCPS: The inter-sectoral National Integrated Case Flow Management Committee,

led by the lower court Judiciary, was informed about the relevant provisions of the

CMAA. This structure is replicated at Provincial level and has on its permanent

agenda the prioritisation of cases of especially remand detainees.

SAPS: The National Commissioner of SAPS through Legal Services distributed the

new Act to all Provincial / Divisional Commissioner and Heads of Components during

the first quarter of 2012 for compliance. The provisions that might have an impact on

the functioning of the Service were specifically indicated. Operational policies were

also amended for alignment with relevant provisions and provincial officials were

trained.

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IMPACT OF THE ACT ON THE FUNCTIONING OF SAPS

SAPS may only detain an ATD for a period of 7 days in a police cell or lock-up. Thereafter the ATD must be taken to a correctional facility as stated in the Warrant of detention (J7).

Investigation officers are obliged to expedite investigations in order to complete the investigation within the 7 day period.

Detention of any ATD longer than 7 days becomes unlawful if the applicable directives are not complied with.

A Police cell or lock-up was defined as a Remand Detention facility in terms of Section 115 and 117 of the Act.

ATD may only be released at a correctional facility with the submission of the newly developed and implemented SAPS 127(a) form.

Regular consultation, at various levels, between SAPS and DCS are taking place to resolve any stumbling blocks that may arise and ensure coordination of processes.

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Part B: Remand Detention Management

• Implemented sections

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CMAASection

Progress to date: Implementation date: 01 March 2012

S5(1) Establishment of Correctional Centres (CCs) and Remand Detention Facilities (RDFs)

•Two categories of RDFs were promulgated through a Gazette on 27

February 2012 (Vol: 560, No: 35071):

•Dedicated RDFs (26) and

•RDFs that are located within a Correctional Centre as a section, unit or a

cell (Mixed facilities)

•The Gazetted list was circulated to all the JCPS cluster departments

•The issue of the definition of the term “RDF” is receiving attention within

the cluster in order to create common understanding.

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CMAASection

Progress to date

s5(2)b If there is no CC or RDF in a district an inmate may be detained in a police cell but not for a period longer than seven days •SAPS crafted an instruction which was circulated to all officials in SAPS provinces and DCS regions •The implications of the instructions were discussed with officials in both SAPS provinces and DCS regions

oAll previous agreements between SAPS provinces and DCS regions for detention of RDs in police stations ceased to exist on the implementation date of this provision •SAPS and DCS officials discussed the handover at their local case-flow meetings

•SAPS and DCS continue to meet at a national level to discuss any challenges relating to the implementation of this section

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CMAASection

Progress to date

s49D Mentally ill Remand Detainees •The protocol on procedures to be followed in the case of psychiatric observations in respect of accused persons was developed and consulted with relevant cluster departments and submitted to the cluster DGs for consideration.

•The protocol also makes provision for processes to be followed when DCS officials notice a potential mental illness of a RD. •The process includes referral to the medical practitioner to ensure that the RDs get treatment and to inform relevant prosecutors by submitting a report from the treating doctor.

•The outstanding process receiving attention from the cluster (DoJCD) is the endorsement of the J7 so that DCS can be able to identify the RDs placed for observation for providing required interventions.

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CMAASection

Progress to date

s49F Release of RDs under SAPS supervision for further investigation •Section 49F makes provision for the release of the RD under supervision of South African Police Service under the following conditions:

o“No remand detainee may be surrendered to the South African Police Service for the purpose of further investigation, without authorisation by the National Commissioner.

oThe National Commissioner may authorise the surrender of a remand detainee to the South African Police Service as contemplated in subsection (1) for a period not exceeding seven days”.

•SAPS and DCS have dealt with the section via a circular in DCS and the issuing of Standard Operating Procedures in SAPS.

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CMAASection

Progress to date

s49F Release of RDs under SAPS supervision for further investigation (cont) .

•Officials were trained on the processes to be followed both in DCS and SAPS.

•A new form called SAP127(a) was developed. It is utilized by SAPS to register requests to DCS for temporary releases of the RDs to their custody in terms of this section.

•243 RDs were temporarily surrendered to SAPS for further investigations since 1 April 2012.

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Part C: Remand Detention Management

• Sections that are not yet promulgated for implementation

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CMAASection

Progress to date (Implementation date not set)

s48 Provision of Uniform to RDs

•A specification was developed based on the uniform of sentenced

offenders. The uniform package is similar to the one designed for the

sentenced offenders. It consists of the following:

oDay clothing

Males: overall, shirt, pant, jersey, jacket , hat, vests, shoes

Females: blouse, skirt, dress. jersey, jacket, pant, shoesoNight clothing: pajamasoUnderwear and oCourt clothing

•The colour of day clothes will be yellow with words “Remand Detainee”

written in a circle and the jersey will be blue.

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CMAASection

Progress to date


•Shoes and court clothes will be optional, i.e. shoes will only be issued

to RDs who do not have shoes or RDs with severely torn shoes.

•Court clothes: the RDs will be issued only with the item required.

•RDs who are admitted overnight for court appearance on the following

day will not be provided with RD uniform.

•An estimate was made for an average stable population of 47 340 male

RDs, 1 012 female RDs, as well as admissions and releases which

range between 23 000 and 25 000 RDs monthly.

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CMAASection

Progress to date


•Material required to dress all the RDs is 979 718 metres yellow material

and 118 464 metres of fleece jersey

•Approximately 20% of RD uniform material was procured through the

transversal contract managed by National Treasury in 2011/12 and

2012/13

•The balance of the RD uniform material will be procured in this financial

year.

•Anticipated date for all RDs to wear uniform is 1 May 2014.

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CMAASection

Progress to date

s49E Referral of severely incapacitated or terminally ill RDs to court

•A protocol was developed between JCPS cluster departments with

regard to the implementation of section 49E. It was approved by the

cluster DGs in July 2012.

•The section makes provision for the Head of the Remand Detention

Facility or Correctional Centre to submit an application to court for release

of any RD if the head is of the opinion that: oThe RD is suffering from a terminal disease or condition or if such detainee is

rendered physically incapacitated as a result of injury, disease or illness so as

to severely limit daily activity or inmate self-care, based on the written advice of

the treating medical practitioner;

oThe RDF cannot provide adequate care for such detainee; and

oThere are appropriate arrangements for the RD’s supervision, care and treatment

within the community to which the inmate is to be released.

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CMAASection

Progress to date

s49E Referral of severely incapacitated or terminally ill RDs to court (cont)

Processes that will be followed by DCS

•Referral of the ill RDs to the medical doctor for treatment; •a request will be made by the Head of the RDF to the medical doctor treating the

RD to provide a detailed report on the condition of the RD if it appears that the RDs

may be severely incapacitated or terminally ill.•If there is a RDF that can provide the required treatment for the RD, the Head of

the RDF should request the court to review the J7 for placement of the RD at the

identified RDF. •The Head may refer the report to the Medical Parole Advisory Board in

consultation with the Area Commissioner and the Regional Commissioner for

provision of an independent medical report in order to assist him/her to form an

opinion. •If the Head decides to refer the report to the Medical Advisory Board, he/she

should inform the RD or the relative of the RD or the person acting on behalf of the

RD.

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CMAASection

Progress to date


Processes that will be followed by DCS (cont)

•Once the Head has formed an opinion that the RD should be referred in terms of

this section (whether based on the opinion of the treating medical doctor or the

Medical Advisory Board), he/she must submit an application to the Control

Prosecutor for the release of the RD; he/she should also inform the Area

Commissioner, Regional Commissioner and CDC Remand Detention.

•Before initiating the process of submitting the application, the Head must oconsult the RD concerned in order to obtain a written consent; and if the RD is

unable to give a consent, a close relative or a person acting on behalf of the RD

should give the required consent; onotify the legal representative of the RD, if any; and oenquire into appropriate arrangements for the RD’s supervision, care and

treatment within the community to which the inmate is to be released.

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CMAASection

Progress to date


Processes that will be followed by DCS •The Head must then complete the referral form together with the following documents and submit to the relevant Prosecutor: oConsent form, Affidavit, Report from the Medical Practitioner;oReport from the Medical Parole Advisory Board if available;oForm with crime related information;oReport on the community where the RD will be released; and oReport from Health Manager on the health services that will be provided.

Processes followed by other role-players •Within 10 days of the receipt of the application, the Prosecutor will issue a certificate in writing indicating whether the application is opposed or not. •The Control Prosecutor will furnish the clerk of court with the written certificate and the application documents from DCS. •The clerk of court will make arrangements for the court appearance date in consultation with the presiding officer, the prosecutor and the legal representative of the RD. •The court decision will be communicated to DCS.

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CMAASection

Progress to date: Implementation Date not set

s49G Referral to court based on the length of detention

• A protocol was developed and approved by the JCPS cluster departments in July

2012, outlining the roles and responsibilities with regard to the implementation of

section 49G.

• The section provides that the period of incarceration of a RD must not exceed 2

years from the initial date of admission into the RDF, without such matter having

been brought to the attention of the court concerned.

• The referral of the RD must be done prior to the completion of the two years,

unless in the 3 months prior to the completion, the court had considered the length

of detention and made a decision.

• If the RD remained in detention after the first consideration, subsequent referrals

will be done annually.

• The Head of RDF must report to the relevant Director of Public Prosecutions at

six-monthly intervals the cases of RDs in his or her facility that are being detained

for a successive six-month period.

• DCS has developed a draft circular and relevant forms for distribution and training

once the section is to be implemented.

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CMAASection

Progress to date: Implementation date not set

s49G Referral to court based on the length of detention (cont)• A specification for the development of an IT solution was developed and consulted

with relevant cluster departments.• Systems Development commenced with the development of the solution in June

2012. • The solution will allow DCS to identify the qualifying RDs for referral to court at

different intervals in line with the provision of Act. • The Judiciary will utilize the options highlighted in section 63A of the Criminal

Procedure Act to handle the applications from DCS until a parallel provision is inserted into the Criminal Procedure Act.

• The date of implementation is dependant on the completion of the IT solution

which is anticipated to be finalised in the last quarter of this financial year, with the

date for implementation planned for the first quarter of the next financial year.• A plan for RDs detained for 2 years and above (the backlog) is being developed

with an aim to start 3 months before the implementation date of 49G. • As of 07 August 2012, there were 2606 RDs detained for more than 2 years

pending the finalisation of their matters. Lists of such persons are sent

monthly to the JCPS role players to prioritise, monitor the cases and speed

up their finalisation.

PART D: ADMINISTRATION OF MEDICAL PAROLE

MEDICAL PAROLE

(SECTION 79 (1) OF THE CORRECTIONAL MATTERS AMENDMENT ACT 2011, ACT NO 5 OF 2011)

•A FULL PRESENTATION ON THE ADMINISTRATION OF MEDICAL PAROLE WAS MADE TO THE PORTFOLIO COMMITTEE ON CORRECTIONAL SERVICES ON 07 AUGUST 2012.

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Thank You

22 August 2012 JUSTICE, CRIME PREVENTION AND SECURITY (JCPS) CLUSTER BRIEFING TO THE PORTFOLIO COMMITTEE ON CORRECTIONAL SERVICES STATUS REPORT ON THE.

Documents

jcps cluster implementation

detention of remand

implementation section

security jcps cluster

number of remand detainees

outstanding cases

jcps delivery agreement

length of detention