Department of Correctional POSITION PAPER ON SOCIAL REINTEGRATION DEPARTMENT OF CORRECTIONAL SERVICES Services.

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


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



• 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



• 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


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


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.



• 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



• 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



• Phases of Social Reintegration– Pre-sentence– Incarceration phase (sentenced)– Community sentence (diversion, direct

sentence, conversion and community service)– Supervision phase– Preparation for complete release


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


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

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Integrated Support System

Correctional Centre

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Offender and ATDs


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


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



• 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



• 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



• 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


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


Progress to Date

• Completed Departmental Position Paper

• Audited existing staffing competencies

• Integrated Social Reintegration into ORP

• Presentation to Magistrates

Department of Correctional POSITION PAPER ON SOCIAL REINTEGRATION DEPARTMENT OF CORRECTIONAL SERVICES Services.

Documents

prison conditions

arusha declaration

kampala declaration

social development

social reintegrationadvantages

noncustodial measures

accelerating prison

africa1997 kadoma declaration