OVERCROWDING – A Solution-oriented Approach

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					                  OVERCROWDING –
             A Solution-oriented Approach
     PRESENTATION TO SELECT COMMITTEE ON SECURITY AND
   CONSTITUTIONAL AFFAIRS, NATIONAL COUNCIL OF PROVINCES

By the Departments of Correctional Services, Justice and Constitutional
  Development, NPA, Legal Aid Board, Safety and Security and Social
                           Development


                                                        20 October 2004


                                                                          1
    STRUCTURE OF PRESENTATION
   The current situation:
      Facilities
      State of overcrowding
      Some causes of overcrowding


   Approaches and Initiatives by various departments
      IJS effectiveness
      SAPS
      DOJ & CD and NPA
      LAB
      DSD
      CS


            Other aspects
                 1. Policy Gap on Awaiting Trial Detainees
                 2. Managing Incarceration of Children as ATD & Sentenced
                 3. Appropriate sentencing - Management of Levels of Sentenced Inmates
                 4. Coordination of Facilities Planning & Management
                 5. Restorative Justice, Community liaison, crime prevention & overcrowding
                 6. Communication
                                                                                              2
   Way Forward
The current situation
           State of overcrowding


It is acknowledged by all role players that our
   detention facilities (police cells, prison cells
   and secure care facilities are overcrowded.


  Everyone is partly to blame: everyone has
              part of the solution
                                                  3
    IMPACT OF OVERCROWDING
•   Consequences for inmates
•   Consequences for DCS / police staff / DSD
•   Consequences for DCS / police delivery / DSD
•   Consequences for IJS effectiveness
•   Human rights infringements

•   Overcrowding also
     – Disrupts penal reformation and rehabilitation programs;

     –   Creates security risks; and

     –   Encourages subversive activities amongst prisoners;

     –    The interaction between hardened criminals and less hardened criminals
         nurtures perceptions that prisons are breeding chambers of criminal discourse.



                                                                                          4
The current situation

           Focus on Correctional Services
                 State of overcrowding

  There are 244 prisons:

   2 are private prisons
   4 are closed for repair


 4 New generation facilities being planned/built
           (to house 3000 detainees each)

                                                    5
  The current situation as on 30 June 2004
 Sentenced prisoners: 136 436


 AWT:                   49 373    (26, 5%)


 Total:                185 809
           (Capacity:   114 787)


Overcrowding:           71 022     (161,87%)


                                               6
    APPROVED ACCOMMODATION VERSUS PRISONER POPULATION
    PER REGION : 30 June 2004




                                                                 In Custody
        Regions         Capacity    Unsentenced    Sentenced          Total   % Occupation

EASTERN CAPE REGION        13 358          6 102        16 852       22 954          171.84%

GAUTENG REGION             26 709         17 682        32 114       49 796          186.44%
KWAZULU/NATAL REGION       20 179          9 486        21 205       30 691          152.09%

LIMPOPO, MPUMALANGA &
    NORTH WEST REGION      18 420          3 814        24 562       28 376          154.05%

NORTHERN CAPE & FREE
   STATE REGION            16 725          5 119        18 982       24 101          144.10%

WESTERN CAPE REGION        19 396          7 170        22 721       29 891          154.11%

Total                     114 787         49 373       136 436      185 809          161.87%




                                                                                             7
  The current situation as on 30 June 2004
CHILDREN IN PRISON (Between 14 – 18)


 Sentenced Children: 1 731 (1,2 % of total sent
  prisoners)


 AWT Children:       1 705 (3, 45% of total awt)


            TOTAL: 3 436 (1,8 % of total number of
  persons in prison)


 and 2059 children awt in secure care facilities
                                                     8
GENDER OF PRISON POPULATION 2004

            4086,
                ,
            2.20%




               181723,
               97.80%



           Males   Females
                                   9
                          TRENDS
 Sentenced Prisoners steadily increasing (mostly because of more
  prisoners serving sentences of 10 years and more and life
  imprisonment)
 Accommodation however increasing only by 20% between 1995 and
  2004 against 63% increase in same period of prisoners.


 Regarding AWT: AWT numbers are steadily declining
    Between 1995 to 1999 the number of unsentenced detainees
     increased dramatically from 22 021 to 55 523 (152% increase)
    Then steadied to a more moderate increase with average of 56
     497 over following three years.
    Since then a moderate decline – currently nearly on 1998 level




                                                                    10
PRISONERS SERVING SENTENCE OF
MORE THAN 10 YEARS


                                                               40196
                                                      34125




                                            28501



                                  23703

                        21142
               19510
      18143




     1996     1997     1998     1999      2000      2001      2002




                                                                       11
PRISONERS SERVING LIFE SENTENCES



  6000
                                                                 5505


  5000
                                                        4542


  4000                                         3708

                             3121     3228
           2951     3042
  3000



  2000



  1000



     0
         1996     1997     1998     1999     2000     2001     2002




                                                                        12
         Comparative Graph 1995 - 2004
140000
120000
100000
 80000
                                         Senten
 60000                                   Unsent
 40000
 20000
     0
         1995 1998 2000 2002 2003 2004


                                              13
   Comparison 1995 -2004

                1995       1998       2000       2002       2003    2004

Unsent      22 021     44 138     57 538     50 758     48 433     49 373

sentenced   91 835     88 302     111 948    126 862    131 240    136 436

Total       113 856    132 440    169 486    177 620    179 673    185 809




Accom       95 695                           110 175    112 863    114 787




                                                                             14
            Awaiting trial detainees
                     2004
                                        4,
                                  Slice 3, ,
                                     0%

• Of the 150
  Correctional        unsenten,
  Centres which        49 373,
                        27%
  have Awaiting
  Trial detainees
  21 are
  overcrowded.                                 sentenced
                                               , 136 436,
                                                  73%




                                                            15
 Awaiting trial detainees

• The statistics of Correctional Services show
  that there are on average 50 000 awaiting
  trial prisoners per month in custody.

• If one take the approx number of 200 000
  accused before our courts in consideration,
  the awaiting trial figure of 50 000 is not so
  alarming. Only 26% of all accused persons
  before court are therefore awaiting trial in
  custody.

                                              16
    Awaiting trial detainees

•     It is further evident that the courts are in any event
      releasing accused on bail, which accused should never
      have been released. The Regional Courts alone have
      over a 5-month period issued approximately
      4000 warrants for accused who failed to appear
      before the courts during April to August 2004.

•     In the District Courts the figure is even more alarming.
      A total of 68 140 warrants were issued during the
      same period (this figure does not include the
      thousands of warrants issued for traffic offences). The
      cost impact must be enormous for all the stakeholders
      concerned.
                                                             17
                    POLICE CELLS

The South African Police Service has detention cells
at most of it's police stations to temporary accommodate
the thousands of arrested persons that are taken into
police custody on a daily basis.

These cells also become overcrowded at times due to
the daily arrests made, but is alleviated when awaiting
trial prisoners are transferred to the Department of
Correctional Services after court appearance.

                                                           18
UNDERSTANDING CAUSES OF
OVERCROWDING
 IJS Incarceration Trend Research Project was established
  to develop a proactive approach & identify magnitude &
  significance of various blockages within system, to
  provide indication of possible solutions to increasing
  prison numbers.
 In process of building model to predict prison numbers,
  with commitment to build capacity of Depts to continue
  data on ongoing basis
 With above information being provided, participation &
  additional contributions from all role players, blockages &
  possible solutions within system will be more easily
  identified.

                                                                19
IJS Incarceration Trend Research Project
List of number of key variables is being developed
    Number of sentenced & unsentenced prisoners
    Crime trends: sentenced & unsentenced prisoners will be
     categorized by crime ( five categories of crime currently
     used by department)
    Level of overcrowding: prison numbers relative to
     accommodation capacity
    Alternative sentencing: number parolees & probationers
     under correctional supervision, released to reform schools
     & converted sentences
    Early exit from prison: number of deaths (including both
     natural & unnatural deaths)
    Sentencing policy: proportion of prisoners sentenced in
     court to less than & up to 2 years, 5 years, 10 years, 20
     years, 20 years + & life sentences
    Separate categories: information will be provided
     regarding children under 18 years of age in prison

                                                                  20
    Causes of overcrowding cont.
    Some of the factors that are contributing to the increase in prison
     occupancy include:

SAPS
• Due to the disturbing crime incidents in the country, the SAPS introduced
  various crime-combating operations in order to destabilize these incidents.
  Police strategies such as Operation Crackdown, focusing on large-
  scale arrests As a result an increase in arrests in the various crimes was
  experienced. The offenders had to be held in police cells/custody and
  some are being held in Correctional Services facilities depending on the
  risks and progress in the prosecution.

•   This operation is ongoing and is likely to increase the number of
    people arrested and held in prison while awaiting trial. The
    targets set in the President’s State of the Nation Address, will also
    have an impact in our prison population in time to come.




                                                                                21
  Causes cont
Bail
• As a result of a public outcry over a release of accused
  on bail that have allegedly committed serious offences,
  the Criminal Procedure Act has been amended (1995,
  1997 and 1998) to make it more difficult for some
  accused to obtain bail: the offences listed in Schedule
  5 and 6 of the Criminal Procedure Act, Act 51 of
  1977.

• Most of the total of 46 434 cases currently
  outstanding in the Regional and High Courts fall
  within the ambit of Schedule 5 and 6 Offences.



                                                             22
   CAUSES OF OVERCROWDING IN CENTRES
   FOR SENTENCED OFFENDERS


• The introduction of minimum sentences for
  certain categories of crime.

• Offenders who are unable to pay their fines.

• Unavailability of verifiable addresses.

• Non consideration of other alternative sentences
  by courts for short sentences.

                                                 23
 CAUSES TO OVERCROWDING OF AWAITING
 TRIAL DETAINEES


• Delays in finalizing cases by courts

• Awaiting trial Detainees who cannot afford to
  pay bail set by the court

• Failure by Heads of Correctional Centres to
  encourage courts to apply diversion methods

• Failure by magistrates to apply diversion
  methods sentencing options

                                                  24
IJS INTERVENTIONS




                    25
IJS Initiatives
– IJS fora at National, Provincial and Area levels starting to pay off –
  There are also monthly meetings with the SAPS, Directorate Public
  Prosecutions, Magistrates and the High Court President regarding the
  overcrowding situation.

 Alignment & availability of information between various departments are
  receiving attention with as objective developing & implementing information
  alignment between departments to enable visibility of information on
  operational level to inform day-to-day decisions on all levels of management

– Sound relations is in place between the courts and role players such
  as the Law Society and the Legal Aid Board to speed-up applications
  for representation.

– The Legal Aid Board now has specific contract persons for each
  Correctional centre.

– Monitoring of children that accommodates children awaiting trail
  happens on a monthly basis. This process is vital for planning
  purposes to provide alternatives for children in detention. The
  monthly statistics also fulfil the obligations in terms of the Integrated
  Justice System.

                                                                                 26
DAY TO DAY MANAGEMENT OF
ATD LEVELS
 Implementation of Checklist by Prov & Area is
 key challenge
     Bail Under R1000 back to court –11824 reduced to
      9488 in two weeks in an exercise by the NPA – 2336
      released
     Encouraging greater use of s62f – community
      corrections for bail conditions
     Use of s63a – Heads of Prison application on basis of
      prison overcrowding – 4346 applications nationally only
      1150 successful in 2002/3
     Plea Bargaining, Admission of guilt, payment of
      fines
     Inmate Tracking – pilot in Dbn, JHB ready to begin pilot
      project
                                                                 27
SAPS INTERVENTIONS




                     28
             SAPS- Perspective into
            Overcrowding in Prisons

The South African Police Service is not apathetic towards the problems
surrounding overcrowding in our prisons as the consequences of this results
in a host of serious problems for all departments concerned and for the
country as a whole.

•The SAPS recognises that the crime combating operations and law
enforcement initiatives in the current high crime environment will continue to
result and arrests and place pressure on the criminal justice system as a whole
to deal with suspects and convicted offenders.

•The need for crime prevention initiatives to reduce the incidence of crime and
hence the need for arrests is therefore prioritised in SAPS and the JCPS
cluster. Following the May 2004 Cabinet Lekgotla government adopted for all
clusters the priority to reduce contact crimes on the prioritised police station
areas by 7 to 10 % per annum from 2004 to 2014

                                                                                   29
MEASURES TAKEN BY THE SAPS TO ALLEVIATE PRISON
               OVERCROWDING

The JCPS cluster has through its JOINTS structure mobilise provincial and local
counterparts to assist in the development of station level profiles that identify the
causes and contributing factors for contact crime per area. These profiles are now
being used to develop crime prevention programmes for each of these stations areas
with input from and responsibilities assigned to all relevant stakeholders. The JCPS
Cluster at national level will receive these costed plans and consider how to mobilise
resources to support the programme.

The SAPS has taken cognizance of the fact that the
awaiting trail prisoners is a contributing factor to the
problem encountered in the overcrowding of prisons.



                                                                                  30
In order to address AWT burning issue the following action steps
are in the process of being implemented or has already been
implemented:

•The Detective Service is mandated to investigate all cases reported to
the S.A. Police Service. All detectives are sensitized to investigate to
arrest perpetrators, and not to just arrest perpetrators in order to
investigate reported cases.

•The opposing of bail for reasons other than that which will prejudice
the course of justice must not be a deciding factor during bail
applications.


•A module on the granting and opposing of bail has also been developed and is
included in the new Detective Learning Program. This will equip law enforcement
                                                                                    would
officers better in the procedures to be followed during the granting of bail, which 31
obviously contribute in the reduction of awaiting trial prisoners.
•Investigators have been instructed to ensure that witnesses
are timeously summonsed to be at court on the requested
dates. This will prevent cases being postponed as a result
of non attendance of witnesses at court.


•All existing operational police officers, detectives and
visible policing members are currently receiving additional
training in the taking of proper statements. It is envisaged
that this will enable public prosecutors at court to make
immediate decisions without having to clarify issues in
cases which will prevent delays in the judicial process.


                                                          32
•A further step in this direction includes the training of Detectives in
investigative interviewing techniques in order to elicit maximum information
from witnesses and suspects.

•The interaction between members of the SAPS and Senior Public
Prosecutors ensures that shortcomings are identified and addressed in this
training program which ensures that its intended purpose is achieved.

•Where suspects are arrested for more serious charges, such as Reckless and
Negligent Driving and Drunken Driving, and these suspects have fixed address and
workplaces they can be released by means of SAPS 496- warning to appear in court to
ensure their appearances in court and to eliminate overcrowding of police cells.

•In cases where suspects have been arrested for less serious crimes such as Drinking
in Public or Drunkenness these persons can be released by means of a J534-written
notice to appear in court to ensure that overcrowding of police cells do not take place.




                                                                                     33
•In terms of section 56 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), a peace
officer (including a member of the Police Service) may, if he or she believes on
reasonable grounds that a magistrate’s court, on convicting an accused of that offence,
will not impose a fine exceeding the amount determined by the Minister of Justice and
Constitutional Development, such peace officer may, whether or not the accused is in
custody, hand a written notice to the accused that calls on the accused to appear at a
place and on a date to answer a charge of having committed the offence in question
and which contain an endorsement that the accused may admit his or her guilt in
respect of the offence and may pay a fine without appearing in court.

•The said Minister increased the amount of the fine that may be imposed from R 1
500 to R 2 500 with effect from 14 February 2003. As a result of this, a person who is in
custody of the Police Service may be released on a written notice by a member before
his or her first appearance in the case where the member has reasonable grounds to
believe that a magistrate will not impose a fine exceeding R 2 500 upon the conviction
of the accused of that offence. Furthermore, persons who previously had to be
detained for offences in respect of which a member had reason to believe that a fine of
more than R 1 500 but less than R 2 500, will be imposed, could now be issued with a
written notice to appear in court without arresting and detaining them. The increase of
the fine has resulted in a decrease in the number of persons in detention awaiting trial.




                                                                                        34
Schedule 2 of the Criminal Procedure Act, 1977, was amended. In terms of section
59 of the Criminal Procedure Act, 1977, a police official may release a person on bail
before his or her first appearance in the lower court if that person is in custody in
respect of an offence not mentioned in Part II or Part III of Schedule 2. This has
resulted in the release of persons on bail for property offences where the value
involved exceeds R 200 but is below R 2 500 and for certain minor offences relating to
the possession of dependence producing drugs, which they could not do before the
amendment. This amendment has resulted in a further decrease in the number of
persons in detention awaiting trial.

•In the case of Centre for Child Law v Minister of Home Affairs and Eight Others, the
High Court, during September 2004, issued an order that unaccompanied foreign
children who are arrested in terms of the Immigration Act, 2002 (Act No. 13 of 2002)
may not be dealt with in terms of the Criminal Procedure Act, 1977, but must be dealt
with in terms of sections 12 to 14 of the Child Care Act, 1983 (Act No. 74 of 1983).
This means that such children will be dealt with, as children in need of care and the
Children’s Court will decide how they will be dealt with in accordance with the
provisions of the Child Care Act, 1983. Such children will therefore, after their arrest,
no longer be detained in police custody or in a correctional facility, but will rather be
placed in a place of safety pending the outcome of the proceedings before the
Children’s Court. All members of the South African Police Service as well as the
relevant staff from the Department of Home Affairs have been instructed to comply
with the directives contained in this Court Order.
                                                                                    35
(hereinafter referred to as “the Act”) came into operation on 7 November 2002
and has as objective to have every child, who has been arrested and who is
likely to be detained until his or her first appearance in court, assessed by a
probation officer. Section 4B of the Act provides that such a child, who has
not been released after the arrest, must, as soon as reasonably possible, but
before his or her first appearance in court, be assessed by a probation officer.
In order to enable the probation officer to assess a child in detention, the
probation officer must be notified of the fact that a child has been arrested and
is likely to remain in custody until his or her first appearance in court.
Accordingly, whenever a child is arrested and he or she is not released on
warning, in the care of his or her parents or guardian, or released on bail, the
community service centre commander must ensure that the relevant probation
officer is, as soon as is reasonably possible, notified of the arrest and
detention and when and in which court the child will appear. In terms of a
circular issued to all members, the Provincial Commissioner of every province
has to ensure that every police station is provided with the relevant particulars
of the nearest probation officer within that station area. Every station
commissioner must also ensure that probation officers who arrive at a police
station to assess a child in detention, is assisted to perform the assessment.

Children that are arrested and must by order of a magistrate be detained for
longer than 24 hours can be removed to a secure care facility or place of
safety or can be released in the care of their parents/guardian to reduce
overcrowding of police cells.                                                       36
The SAPS has developed a new Detective Learning Program
(DLP) to equip detectives to carry out their functions in an
effective and professional manner. This program is
competency based and on completion continues in the
workplace where assessments are carried out to determine the
practical application of the theoretical contents of the training
program. This training program is outcome-based and is
presented over a period of twelve weeks.



                                                             37
In order to supplement the detective services with additional
members, police management has allocated 30% of all new
police recruits to the detective service after basic training.
The Investigative Interviewing program has now been
drafted into the existing basic training curriculum of all
police recruits.

A further two-week introductory detective course is
presented to the additional 30% of police recruits.

The South African Police Service Division: Crime Prevention compiled a Code
of Practice: Code of Compliance and Due Diligence on Custody Management
which will address aspects such as escapes from lawful custody and
overcrowding of police cells


                                                                         38
•Another milestone for the SAPS is the implementation of the
Automatic Fingerprint Identification System (AFIS) at the Criminal
Record Centre which drastically speeds-up results on previous
convictions of offenders. Previously the manual system provided 7
769 results over a 20-working day period whereas the AFIS produces
152 686 results over the same period. These results minimizes the
time delay in the finalization of cases.

•A further directive was issued to all commanders to inspect
dockets to and from court in order to ensure that instructions of
Public Prosecutors are complied with timeously in order to
prevent delays in finalization of cases.




                                                               39
–   One of the inhibiting factors in the management of detained
    persons in police custody is the lack of online management
    information. The results of this lack of online information are:
    •   Swapping of identity take place within the holding facilities that allow
        for the “escape” of detained persons. Lack of crime intelligence
    •   Lack of management capabilities to ensure the timely reporting of
        children that are being detained for longer than 24 hours.
    •   Prisoner Population Prediction Model system need to be updated
        manually and is extremely time consuming.

–   To eliminate these short comings the IJS-Board has approved the
    implementation of a Detention Management System for the SAPS
    as part of the IJS system. The development and implementation
    of this system is on track and it is the objective of the IJS-
    Program to start with the implementation of this system during
    the 2006/7 financial year.




                                                                                   40
DEPARTMENT OF SOCIAL DEVELOPMENT




                               41
    Department of Social Development
•    The transformation of probation service necessitated the amendment of the
     Probation Services Act (116 of 1991). The Probation Services Amendment Act (
     Act 35 of 2002) makes provision for amongst others the following; Certain
     definitions, assessment, diversion, early intervention, family finder, family group
     conferencing, home based supervision, reception assessment and referral, pre-
     trial report, pre-sentence report and restorative justice. These amendments are in
     line with the proposed Child Justice Bill and make certain that probation officers
     will be able to fulfill their new functions. DSD has initiated a process to publish the
     regulations to the Probation Services Act and will consult with relevant role-
     players. DSD also plans to rewrite the Probation Services Act during 2004/5, to
     bring it in line with other pieces of legislation viz Child Justice Bill.
•    There are approximately 600 probation practitioners doing probation work The
     Department has sub-contracted with Dept Social Development: University Cape
     Town, to train all current probation officers by March 2005. Training has started
     and Mpumalanga and KZN probation officers have already benefited.
•    The Department has sub-contracted with the Restorative Justice Centre in
     Pretoria to train probation officers in restorative justice and family group
     conferencing by March 2005. The project is on track.




                                                                                               42
•   The Probation Services Amendment Act makes provision for the duties
    and appointment of assistant probation officers as well as the notion of
    home-based supervision.
•   The Department has obtained donor funding for the appointment of
    assistant probation officers (apo‟s) and for replication of home-based
    supervision programmes in all provinces. This model has proved to
    very successful and cost effective and the Department proposes it as a
    viable alternative to children being in detention in prison.
•   There are 92 apo‟s at present and 27 more are to be appointed
•   Practical training of apo‟s is done in each province at a place of
    safety/secure care where institutionalized children awaiting trial are
    reassessed by a training team together with probation officers and
    apo‟s of the province. These cases are assessed for possible home-
    based supervision – the aim being to have fewer children awaiting trial
    in residential and correctional facilities.




                                                                               43
•   The NPA has initiated a process to complete a database of programmes from
    the NPA provincial perspective. As part of the costing exercise for the
    implementation of the Child Justice Bill the DSD has identified diversion
    programmes as a major cost driver and all provinces have made provision for
    additional programmes. This information will feed into a database and will be
    captured in a GIS format
•   This will be used as a reference point for criminal justice practitioners and will
    serve as a basis for availability of programmes per region and for the
    registration process of diversion programmes.
•   The Department has contracted with NICRO to develop minimum standards
    for diversion (Donor funding R1,2 m). This will be utilized by national and
    provincial departments to monitor and fund programmes.
•   The replication of home-based supervision programmes in every province has
    gained significant momentum in the recent few months, especially with the
    appointment of additional APO‟s. DSD believes that if this program is
    implemented in all regions it will alleviate the pressure on DCS and DSD to keep
    awaiting trail children in detention.




                                                                                         44
•    Family group conferencing was piloted by the Department with
    donor funding during 1996/7 and proved to very successful.
    Therefore it was included in the Child Justice Bill. Family group
    conferencing is currently defined in Probation Services Act (116
    0f 1991) and forms part of duties of probation officers. As part
    of the implementation of the Child Justice Bill the Department
    has contracted with the Restorative Justice Centre to train
    probation officers in restorative justice and family group
    conferencing. The project has produced excellent results so far.

• RECEPTION, ASSESSMENT AND REFERRAL
  CENTRES/SERVICES The provincial Departments have
  collectively established 54 RAR centers




                                                                        45
Secure Care Facilities
•   At present there are bed capacity for 2131 children; 1981 male and 78
    girls are in secure care as at end July 2004

•   DSD is planning new secure care facilities with as a total for South
    Africa 2425 additional new beds at a cost of R 340 million for
    infrastructure and R187.7 million running costs

•   Draft minimum standards for residential care facilities were
    developed. Current draft minimum standards for Secure Care needs to
    be reviewed. Norms and standards for secure care need to be
    developed including ratio of child and youth care workers per number
    of children. Ratios for day and night staff may be different. During a
    meeting with provincial representatives in August 2003 norms and
    standard were developed. This include possible secure care centers
    with no more than 60 beds in a unit but up to four units per campus.
    Thus a center will be able to house up to 240 children in a center
    whilst sharing administration facilities and buildings



                                                                             46
Correctional Services Initiatives to reduce
overcrowding




                                              47
    INITIATIVES TO REDUCE OVERCROWDING
    OF SENTENCED OFFENDERS


• Conversion of sentences into Correctional
  Supervision

• Assisting offenders to obtain money to pay fines.

• Ensuring that support systems are in place for all
  offenders who are to be released on parole or
  correctional supervision

• Speedy placement of offenders with fines or
  correctional supervision
                                                  48
 INITIATIVES TO REDUCE OVERCROWDING
 OF SENTENCED OFFENDERS

• Ensuring that offenders who qualify for parole
  are placed out as soon as possible.

• Increased focus on programmes addressing
  offending behaviour to prevent re-offending.

• Focus on training, education and social
  development programmes.

• Expanding accommodation through the
  construction of four new correctional centres to
  accommodate ±12 000 offenders.
                                                 49
     LEGAL CLAUSES NOT OPTIMALLY USED


• Sec 62(ƒ) of the C P Act, (Act no 51 of 1977) makes
  provision for placement of ATD’S under the
  supervision of a Correctional Official as a condition
  of bail.

• Sec 63 of the C P Act, (Act no 51 of 1977) makes
  provision for the accused or prosecutor to apply to
  the court to reduce the amount of bail that was set
  by the relevant court.


                                              Department of
                                              Correctional
                                                       50
                                              Services
LEGAL CLAUSES NOT OPTIMALLY USED


• Sec 63A of the C P Act, (Act no 51 of 1977)
  makes provision for the Head of Correctional
  Centre to approach the relevant court to
  release an accused person on warning in lieu
  of bail or to amend the bail conditions
  imposed by the court if the offender
  population of a particular correctional centre
  is reaching such proportions that it
  constitutes a material and imminent threat to
  the human dignity, physical health or safety
  of an accused.                        Department of
                                           Correctional
                                                    51
                                           Services
     LEGAL CLAUSES NOT OPTIMALLY USED



• Sec 71 of the C P Act, (Act no 51 of 1977) makes
  provision for placement of ATD’S under the age of
  18 years who are in custody, instead of being
  released on bail, be placed under the supervision
  of a correctional official.

• Sec 72(1) of the C P Act, (Act no 51 of 1977) makes
  provision for ATD’S to be released and placed
  under the supervision of a correctional official in
  terms of Section 62 (ƒ) and warns them to appear
                                             Department of
  before the court instead of bail.          Correctional  52
                                                Services
 BEST PRACTICES IN SOME REGIONS




• Pretoria Local Prison has a Magistrate who
  deals with cases on daily basis successfully

• Sound relations with the Legal Aid Board
  which now has specific contract persons for
  each Correctional centre.




                                             53
 BEST PRACTICES IN SOME REGIONS



• Monthly statistics to Regional Office.

• Monthly statistics on successes in terms of
  sections 62(f), 63, 63A, 71 and 72

• Namelists of ATD’s longer than 3 months is
  delivered (within a radius of 50 km) to the Senior
  Public Prosecutor, Senior Magistrate, Judges
  and Registrar of the High Court and the Station
  Commissioner of the SAPS.

                                                54
 SOCIETAL RESPONSIBILITY



• Municipal authorities do something about the
  number of offending suspects from their areas


• Local Govt must promote restoration of
  community institutions vital to promotion of
  social responsibility prior to conviction &
  imprisonment



                                             55
 SOCIETAL RESPONSIBILITY



• Citizens & their Community institutions & not
  SAPS must be seen as the first line of
  promoting social responsibility (fighting
  offending behaviour).

• Let families & communities be nurseries of
  social responsibility & not of criminality.

• Honourable MP’s help promote social
  responsibility in their constituencies

                                                56
 CRIMINAL JUSTICE CO-ORDINATION


• Improve information sharing and goodwill at
  operational level among affected structures

• Judiciary notes impact of (sentencing)
  decisions on existing Correctional Services
  capacity

• Wider utilization of Prosecutors and Clerks of
  Courts for admission of guilt and payment of
  fine without appearing in court.

                                             57
 DCS IMPROVEMENT AREAS



• DCS notes best practices from its own ranks &
  reproduce them nation-wide

• Improve accountability of Heads of
  Correctional Centres on their legal obligations

• Optimal utilisation of existing facilities to relieve
  the most overcrowded facilities

• Building of planned new facilities

                                                   58
DOJ & CD initiatives

• Re aga Boswa
 Improved Case Flow Management - Monitoring of
  duration of ATD
 Improved assistance by investigating officers to
  prosecutors
 Specialised courts such as commercial crime courts
  with emphasis on plea bargaining
 Visits by Judges, Magistrates and Prosecutors
  to the facilities to see the effect of
  overcrowding.
                                                       59
Positive interventions
 The implementation of the plea-bargaining approach as
  well as the legal provisions such as granting of bail by
  police for minor offences.

 The Saturday Court project also played a critical role in the
  finalization of cases and reduction of awaiting trial prisoners.
  Unfortunately this project has been terminated due to financial
  constraints.
 Other initiatives such as the Child Justice Bill and restorative
  justice approach should also have a positive impact on the
  number of people detained over the long term. These
  programmes recognise the need for early intervention
  programmes that attempt to steer young offenders away from
  prison and attempt to correct their behaviour. The objective
  being to intervene early in the lives of children when they get
  into trouble to prevent them from committing more serious
  crimes and even becoming repeat and/or violent offenders.
  Similar approaches can be used for adults who commit less
  serious crime.
                                                                     60
   NPA Interventions

• The NPS has recognised the importance of the alleviation of
  overcrowding as a strategic enabler and force multiplier in the
  achievement of its vision. Specific focus on the reduction of
  awaiting trial prisoners was therefore incorporated in our
  Strategic Plan:
    – Awaiting trial accused must only be detained in custody where the
      interest of the administration of criminal justice so requires;
    – Matters must continuously be re-assessed where the accused has
      failed to pay bail, especially of a thousand Rand or less; and
    – The number of awaiting trial prisoners must be reduced through
      the proper screening of cases. A strict policy of „no case‟, no
      enrolment must at all times be enforced.




                                                                          61
NPA interventions
• In addition to these strategic enablers, the NPS also envisaged
  improved co-operative relationships with other stakeholders in
  the criminal justice system. For this purpose the following
  indicators, which also assist in the management of ATD, were
  incorporated in the Strategic Plan:
       • A list of prisoners awaiting trial for six months or more must be
         obtained and those listed cases must be prioritised.
       • An increased consideration to the payment of fines as admission of
         guilt as envisaged in section 57A of the Criminal Procedure Act, to
         expedite the finalisation of cases.
       • Furthermore a policy, that unless it is necessary to detain the accused
         before completion of the investigation, the investigation should first be
         completed, must at all times be enforced. In less serious cases
         summons should be the method to secure the accused‟s attendance
         before court and dockets should be brought to the SPP for decision
         instead of arresting the accused. (This policy resulted in an increase in
         decision dockets, from 485 780 received during the financial year
         2002/2003 to 512 761 dockets received during 2003/2004).


                                                                                     62
•   The NPS has embarked on several projects to address the
    overcrowding in our prisons.
•   In pursuit of the strategic objectives relating to ATD, the NPS has
    embarked on a national initiative to review cases where bail was
    granted of R 1000 or less.
•   We have also requested the support of the Judiciary in the Case Flow
    Management process. Discipline in the courts will definitely enhance
    case management, which will reduce the numbers of ATD.
•   The IJS Court Centers were implemented and rolled out to 46
    offices. It is important to extend these centers to more places
    countrywide. The valuable information provided on cycle times by the
    IJS centers has been found to be a handy management tool when
    monitoring cycle times of cases. The latest statistics received from
    these centers, indicate that the number of children younger than 18
    years as a percentage of accused on the outstanding roll has increased
    from 9.5% to 9.6%.



                                                                             63
• The NPS has also determined suitable new targets
  for all Lower Courts to improve the cycle times
  of cases. 90% of all District Court cases should
  not be older than 6-month, 75% of all
  Regional cases should not be older than 6-
  months, and 12-months in High Court cases.
  Cases where the accused is in custody must be
  prioritised. These case cycle times are monitored by
  the NPS, from August 2004, on a monthly basis
  (previously on a 6-month basis). The previous
  audit determined that only 11% of District
  Court cases and 40% of Regional Court cases
  were older than 6 months.

                                                         64
• The Cycle time of High Court cases is also
  continually monitored by the NPS.
  Various initiatives, to reduce the delays, have
  been implemented. Positive results have
  already been obtained from those Divisions
  where the docket is forwarded to the DPP
  Office, immediately after the first appearance
  in the Lower Court, in order for the DPP to
  effectively manage the outstanding
  investigation.

                                                    65
• The NPS has taken the initiative in the
  project to postpone cases of awaiting
  trial prisoners via electronic medium.
  We are currently awaiting the
  promulgation of an amendment to the
  Criminal Procedure Act. A pilot project
  will then be initiated at Pretoria and
  Durban.
                                            66
• Since January 2003, the NPS has also commenced with the
  collation of Lower Court statistics of cases wherein the accused
  was diverted away from the criminal justice system. A total of
  40262 cases were diverted to date. If the Diversion program is
  successfully completed by the accused, the case against him/her
  will be withdrawn. In this regard the establishment of the
  Community Courts assisted greatly due to the fact that cases,
  which would have been postponed by your main courts, are
  now expedited and effectively finalised in the Community
  Courts. In the Hatfield Community Court, 128 cases were thus
  far diverted. The Community Courts in Hatfield and
  Bloemfontein have also managed to finalise a total of 678 and
  506 cases, respectively.




                                                                     67
The President, in his State of the Nation Address, required an
improvement in the quality and cycle times of investigations and
prosecutions. In order to address this matter, the NPS has, in
execution of the Presidents instruction and in conjunction with
SAPS, embarked on a project to determine the reasons for the
high rate of withdrawals and postponements in our courts.
The project mainly entails an audit conducted on all cases
withdrawn and postponed over a period of three months (July,
August and September). Ten of the bigger court centres have been
identified for this purpose. The data should enable us to identify
emerging trends and indicate specific areas where some
intervention is required. Members of SAPS are assisting us with
the collection of the required data.

A matter of grave concern is the number of postponements
per case, which impacts negatively on our case cycle times.
From total number of 13 676 cases that were postponed, 365
cases have already been postponed for more than 15 times
per case, with some cases exceeding 50 postponements per
case!

                                                                     68
• All Prosecutors, but especially the Control and
  Senior Prosecutors, should ensure that cases
  are not postponed without good reason.
  Realistic dates should be set for a
  postponement and the practise of routinely
  postponing cases for two weeks, even if it is
  clear that the investigation will not be
  completed, should be discontinued. Clear
  instructions should be issued on all
  outstanding investigations and the Investigating
  Officer should be held accountable on the return
  date.

                                                     69
   LAB
• The essence of the Legal Aid Board‟s awaiting trial prisoners
  project is that the Board has identified those prisons at
  which a large numbers of awaiting trial prisoners are
  held. Particular attention is given to prisons at which
  high numbers of children are awaiting trial and/or at
  which large numbers of prisoners have been awaiting
  trial for longer than 6 months
• The Legal Aid Board has 57 Justice Centres nationwide each of
  which is responsible for the provision of legal aid in a certain
  number of magisterial districts. The staff of these Justice
  Centres visit the prisons within their areas which have
  been identified in accordance with the above criteria.
  Where possible such prisons are visited twice a month.
  All identified prisons holding a high number of awaiting
  trial prisoners are visited at least once a month.




                                                                     70
LAB cont
•   During prison visits the staff of the Legal Aid Board explain the
    Constitutional right to legal representation in terms of Section
    35(3) of the Constitution, the reasons why accused persons
    should be legally represented and the fact that such services
    are provided free of charge by professional legal practitioners
    operating independently of the State. Awaiting trial prisoners
    are afforded an opportunity to apply for legal aid and
    arrangements are made to consult.

•   Where possible plea bargaining is presented as an option.

•   If and when the necessary resources become available the Legal Aid
    Board plans to extend the service, firstly to all prisons, and thereafter
    to persons being held in police detention cells.




                                                                                71
 POLICY PROBLEM STATEMENT ATDS
• Cabinet identified policy gap re responsibility for
  incarceration of awaiting trial accused persons.
• Cabinet noted that SA legal system presumes innocence
  until proof of guilt, & yet awaiting trial detainees are
  accommodated in facilities of correctional system, which
  facilities are designed primarily for sentenced prisoners.
• Unsentenced detainees have unique status - set of rights
  & requirements different from those of sentenced
• Lack of coherent policy i.r.t service provision to &
  responsibilities for ATDs
 Draft policy statement regarding detention of
  unsentenced persons is being developed – inadequate
  responses from Departments
 Aim to draft medium to long term policy for Cabinet that
  will then inform strategic planning of all departments
 On basis of consensus approach - migration plan would
  be put in place for medium term.                           72
POLICY PROBLEM STATEMENT ATDS
• Purpose of correctional services, to
  enforce sentences of courts, to ensure
  humane detention, & promote social
  responsibility & human development, &
  principles on which South African legal
  system is based, are compromised by
  current accommodation of awaiting trial
  detainees in correctional centres.
• Apart from being in contradiction with
  principles of legal system, & practice
  utilises DCS resources inappropriately,
  particularly staff who are trained in
  rehabilitation & correction.              73
BACKGROUND
DCS saddled with housing range of detainees
SA prisons have following categories of
  unsentenced detainees in custody:
   – Awaiting trial detainees granted bail that they cannot
     pay
   – Awaiting trial detainees denied bail
   – Awaiting trial children
   – Detainees on warrant from bailiff/sheriff in relation to
     debt
   – Illegal    immigrants    detained    while     awaiting
     repatriation & facing no charges
   – Persons awaiting transfer to other institutions e.g.
     Children awaiting transfer to reform schools,
     President‟s Patients awaiting transfer to psychiatric
     institutions.                                          74
  BACKGROUND
Legacy from Dept of Prisons under Min of J
DoP perceived to have sole “custodial mandate”.
Legislative & policy developments over last 10 years
  apparent this perception cannot be sustained.
  – Capacity of DCS not kept on par with other JCPS depts
  – If unsentenced detainees removed from DCS – still
    seriuosly overpoulated
  – Places DCS at distinct disadvantage when resources
    which are meant for corrections are utilised for
    detention purposes.


                                                        75
 INTERNATIONAL INSTRUMENTS
• Person arrested & facing charges is innocent until
  proven guilty & shall be treated as such.
• Reason for detention to ensure due process in
  court of law where they are to be tried, & not in
  any sense for punishment or correction.
• Clear separation of functions between agencies
  responsible for investigating crimes & custodial
  administration.
• Accused person is detained may assist
  investigating authorities in their work, but
  conditions of imprisonment should never be an
  element of investigation.
• No unsentenced detainee may be compelled to
  wear prison clothes provided to sentenced
  prisoners.
• To be held separately as far as practicable.
                                                       76
CONSTITUTIONAL ARRANGEMENTS
 Lays down range of rights that impact on
   rights of unsentenced detainees in
   relation to their incarceration & their
   passage through cjs:
 12(1) Everyone has right to freedom & security of person
 35 Arrested, detained & accused persons
     (1) Everyone who is arrested for
     (2) Everyone who is detained, including every sentenced
        prisoner, has right-
     (3) Every accused person has right to fair trial, which includes
        right
     (4) Whenever this section requires information to be given to
        person, that information must be given in language that
        person understands.
                                                                        77
ARRANGEMENTS BY SAPS
“ at station where there is gaol,
  arrangement shall be made that
  prisoners who have been charged &
  detained, be sent there, pending their
  appearance in court, ...... for detention,
  rather than be kept at station, unless,
  of course, it would, owing to distance to
  gaol, time factor or for any other
  sufficient reason, be more economical
  or more convenient to keep them at
  station”
  SAPS Standing Order (General) 345.2

                                               78
GOVERNMENT OBLIGATIONS TO
UNSENTENCED DETAINEES
• Presumed innocence of unsentenced
  detainees obliges very limited
  restriction on human rights is
  justifiable.
• While right to movement is curtailed by
  warrant that empowers detention,
  continuity of basic human rights is
  obligatory on Government.
• Only basis on which rights can be
  curtailed is presumed threat to society,
  &/or likelihood of escape that legal
  process has identified, or on basis of
  what is practicably feasible.              79
GOVERNMENT OBLIGATIONS TO
UNSENTENCED DETAINEES
Should be subjected only to restrictions
  necessary for maintenance of security & good
  order in prison & must, where practicable, be
  allowed all amenities to which they could have
  access outside prison.
Range of services must be available to
  unsentenced detainees in line with general
  Govt policy:
  – Continuity in ed & training
  – Safety of person
  – Access to social welfare services Accessibility to state
    provided health care Accessibility to visits,
    communication & correspondence with family &
    friends
  – Accessibility to recreational & reading resources
  – Accessibility to legal representation                      80
HUMAN DEVELOPMENT

Without presuming guilt, given socio-
 economic, familial & educational
 backgrounds of many of ATDs, is NB
 niche for promotion of human
 development while awaiting trial.
  – life skills & social development,
    including understanding of legal &
    justice system


                                         81
DURATION OF AWAITING TRIAL

• Constitution stipulates period of ATD to
  be as short as possible
• In practice many incarcerated for
  extended periods of time,
     • Provision of involvement in productive
       activity that promotes recreation &
       human development is crucial
     • Length of stay of ATDs varies
       considerably might also negatively affect
       administering of these programmes.

                                                   82
SUMMARY OF GOVT RESPONSBILITIES
 • Government obliged to provide facilities
   for unsentenced detainees that allow
   for:
   – Minimal limitation of individual’s rights,
   – Ensuring secure & safe custody,
   – Staffing of facilities with appropriate
     personnel responsible for ensuring delivery
     by range of govt agencies on rights of
     unsentenced detainees.
   – Training of personnel in:
      • Promotion of human development
      • Rights of persons in legal/judicial process
      • Effective secure & safe custody               83
POLICY PROPOSAL RE ATDS
• Long-term policy should confirm that
  DCS:
  – should not accommodate unsentenced in
    correctional facilities;
  – should not utilise correctional officials to
    secure & care for, awaiting trial detainees.
• Policy should state services & facilities
  for incarceration of awaiting trial
  detainees
  – policy should define appropriate design &
    resourcing of facilities in which awaiting trial
    detainees should be accommodated.
                                                       84
POLICY PROPOSAL RE ATDS
• Custodial responsibility for ATDs &
  hence administration of holding or
  remand facilities should be reconsidered
  – Prime responsibility must lie with DoJ
  – Allocation of responsibilities to IJS Depts &
    support roles of various departments should
    be defined.
  – Necessary budgetary provisions for AT
    custodial responsibility be made to relevant
    department(s)


                                                    85
MIGRATION TO APPROPRIATE
HANDLING OF ATDS
• Migration system required to shift from
  current status quo to desired handling
  of ATDs by appropriate agency in cjs.
• Immediate separation of unsentenced
  from sentenced, & accommodation of
  ATDs on basis of categories determined
  on basis of previous convictions, status
  & nature of alleged offence NB
  principles to inform short & medium
  term management of ATDs.

                                             86
MIGRATION TO APPROPRIATE
HANDLING OF ATDS
Immediate provision of services such as health,
  continuing education & training, & social work
  intervention to be defined according to
  mandates of relevant govt depts, & not be
  responsibility of DCS.
DCS Staff only to be utilised to manage
  administration of AT prison/section, &
  facilitating access of personnel from other
  Govt Depts to render relevant services.
Payment for accommodation & feeding of ATDs
  to be made by DoJ to DCS.
Delivery of & payment for other services by Govt
  Depts according to SLA between DoJ &
  relevant Dept.

                                                   87
MIGRATION TO APPROPRIATE
HANDLING OF ATDS
• Solution may include handing over of
  some of older prisons, more appropriate
  for short–term incarceration of ATDs
  than as correctional centres
• Will involve both financial & human
  resource provisioning, training of
  necessary custodial capacity in another
  department, transitional arrangements
  will be necessary.
                                            88
MIGRATION TO APPROPRIATE
HANDLING OF ATDS
Govt to address rights of ATDs being compromised
  by backlogs in court cases, length of their remand
  period, & conditions that they have to endure in
  prisons.
  – Situation tends to increase criminality of awaiting trial
    detainees & hardening of anti-social attitudes &
    behaviour.
  – In prisons over 200% full, current percentage of ATDs is
    about 45%,
  – In prisons 100% full, current level of ATDs is about 20%
    of total population
Ongoing IJS monitoring of ATDs levels and duration
  in order to utilize IJS processes to speed up
  processing of court cases, &/or utilise range of
  options for alternatives to incarceration.
                                                           89
DETENTION OF ILLEGAL IMMIGRANTS
AWAITING DEPORTATION
DHA is responsible for illegal immigrants &
  Legislation empowers DG to cause illegal
  immigrants awaiting deportation to be detained,
  but without specifying where or how.
DHA currently lacks expertise, structures & funds
  to run its own detention facilities, & has one
  privately run facility that it utilises & oversees
  management.
• Held in following types of facilities in different
  regions of country:
• Increase in illegal immigrants & levels of
  overcrowding forced policy dilemma to surface.
                                                   90
POLICY PROPOSAL
RE ILLEGAL IMMIGRANTS

 • Clear guidelines on custodial
   responsibility for illegal immigrants
   facing deportation are required.
 • Detention facilities required for illegal
   immigrants substantially different from
   those facing criminal charges & court
   proceedings.
   – is tendency for escape from deportation
   – cannot be presumption of threat to safety
     of society or
   – Cannt be assumption of justifiable basis for
     rights to be severely limited                  91
 POLICY PROPOSAL
 RE ILLEGAL IMMIGRANTS

• Detention facilities have to provide for
  family accommodation.
• Staff require an understanding of
  diverse cultures of illegal immigrants, of
  domestic & international law relating to
  treatment of illegal immigrants &
  refugees, range of appropriate
  languages, & be trained in providing
  guidance to such people in relation to
  their deportation.

                                               92
MANAGEMENT OF LEVELS OF SENTENCED
OFFENDERS

Sentenced Admissions from Courts
  From 1995 until 2000 number of admissions
    has shown slight increase but has been
    reasonably stable with average of 116 568
    over 6 year period.
  In 2001 increased dramatically to high of 159
    641.
  2002 showed marked decrease to 98 909 -
    lowest over period since 1995 (decrease of
    62% from previous year).

                                                  93
SENTENCED ADMISSIONS
Sentence Categories 1995-2003
  <2years – numbers have decreased
  2-5 years – numbers have decreased
  >5-10 years – numbers have decreased.
  >10-20 years – numbers have increased.
  >20 years – numbers have increased.
  Life sentences – numbers have increased.
Longer sentences being imposed.
At same time decrease in sentences < than 10
  years did not lead to increase in number of
  offenders being sentenced to Community
  Corrections.

                                                94
SENTENCED PRISONERS IN
CUSTODY

 Increased from 87 307 in 1995 to 130
   316 in 1st quarter of 2003 (an increase
   of 67%)
 % shift between currently used categories
   of crime over total period can be seen
   in summary:
 Year Econ Aggro    Sex    Narco   Other
 1995 40.65 39.87   9.25   3.96    6.27 %
 2003 35.41 44.18   11.46 3.55     5.40 %


                                             95
TOWARDS APPROPRIATE SENTENCING
Admissions to Community Corrections from
  Courts – Section 276 (1)(h)
   Decreased from high of 2 641 in 3rd quarter of 1995
    to 1 603 in 1st quarter of 2003.
   Number of offenders sentenced to Community
    Corrections by courts has declined steadily.
   1995 –2003 average of 1 884 cases per quarter have
    been admitted from courts.
Section 276(1)(i) - Conversions after
  serving 1/6th of sentence.
   Marginal increase from 577 in 1st quarter of 1995 to
    1 013 in 1st quarter of 2003.
   Average of 855 from 1995 to 2003.
Section 276A (3) - Conversions                   after
  serving ¼ of sentence.
   Shows no real increase or decrease except in 1998
    when 6 months amnesty was granted.                     96
TOWARDS APPROPRIATE SENTENCING
Section 286B (4) – declared dangerous
  criminals to be referred back to courts
  before release.
   No real increase or decrease except for 4th quarter of
    1996: 35 & 1st quarter of 2003: 28
   Average over period: 3
Section 287(4)() – Conversion of sentences
  < than 5 years with option of fine.
   Steady increase over period from 2237 in 1st quarter
    of 1995 to 5247 in 1st quarter of 2003.
Section   287(4)(b)   -  Conversion    of
  sentences > than 5 years with option of
  fine.
   Shows no real decrease or increase over period
   except for 1998 when 6 months amnesty was
    granted.
                                                             97
 PAROLE SUPERVISION
Placed under Parole Supervision:
  Number of prisoners placed on parole has not increased - is
    currently lower than average number placed on parole
    over period from 1995 to 2003.
   742 in 1st quarter of 1995,
   high of 1286 in 4th quarter of 1997,
   average of 890 from 1995 to 2003,
   768 in 1st quarter of 2003.

Revisit Parole Placement Policy
     link parole to rehabilitation
     ensure aligned with sentencing policy
Parole Date Advancement
  6000 due to be released in staggered fashion over next few
    months                                                  98
APPROPRIATE SENTENCING


   Encouragement of Alternative
    sentencing as way to enhance
    rehabilitation
   Enhancement of Community
    Correctional Supervision



                                   99
MANAGING INCARCERATION OF CHILDREN
AS ATD & SENTENCED

• Will be addressed through Child Justice
  Bill implementation
• Monitored through Inter-Sectoral
  Committee on Child Justice that feeds
  into Overcrowding Task Team
• Checklist of options drafted and made
  into action plans for Departments

                                            100
SENTENCED CHILDREN IN
PRISON (UNDER 18)
Number of sentenced children has increased steadily
  from 647 in 1995 (0.74% of sentenced population) to
  1 677 (1.53% of sentenced population) in 1st quarter
  of 2000.
Since then stabilised with high of 1 830 in 2nd quarter
   2002 (1.45% of sentenced population); average of 1
   740 since 2000; & average of 1788 for 1st quarter of
   2003 (1.37% of sentenced population)
Percentage wise number of sentenced children has
  been decreasing since 2000.
                                                          101
COORDINATION OF FACILITIES PLANNING
& MANAGEMENT
  Increasing Lock Up Accommodation:
    Finalization of New Generation Prisons Blueprint &
     RAMP to be reviewed & re-prioritised.
    Priorities for renovation & extension to relieve
     overcrowding.
  Co-ordination of Infrastructure Planning
   between various departments in IJS:
    One Stop Centres – design that includes all
     departments but excludes a remand prison
    Joburg Police Cells – Joint Task Team to consider
     how SAPs can use them to decrease overcrowding
     in JHB prison                                        102
ACCOMMODATION INCREASE

Building of new prisons
     4 new generation prisons in MTEF – Joint
      DPW/DCS Steering Committee
     Proposed Memorandum of Understanding between
      Minister of Correctional Services, Public Works &
      Finance required to unblock process
     Proposed Service Level Agreement between DCS
      & DPW
     Feasibility Study to develop public sector
      comparator to go on tender now



                                                      103
COMMUNITY LIAISON, CRIME
PREVENTION & OVERCROWDING
• DCS approach to corrections and Community
  liaison
• Social Crime Prevention as key to addressing
  trends in overcrowding
• Empowerment of community through
  JCPS/IJS to play their role
• Community Safety Forums and
  Moral/Ethical/Parenting issues

                                                 104
JCPS COMMUNICATION STRATEGY

• Danger of depts being played off against
  each other on overcrowding and crime
  prevention
• JCPS communication on overcrowding has
  paid off
• Propose that JCPS Communication strategy
  regarding overcrowding be developed



                                             105
WAY FORWARD
 – Operational level IJS coordination
 – Awaiting Trail Policy
 – Appropriate sentencing for public safety,
   crime prevention and rehabilitation
 – Criminal Justice and Incarceration of
   Children
 – Strategic Approach to IJS Facilities
   planning
 – JCPS Communication Strategy
 – Community Liaison, crime prevention and
   reintegration
                                               106
WAY FORWARD cont
• Policy development process re ATDs –
  approval of direction needed so Cabinet
  Memo can be prepared on ATD Policy and
  Migration Proposals
• DGs to drive Dept action plans to address
  various blockages/causes of overcrowding –
  operational level of Depts key
• DG Cluster intervention on IJS provincial and
  area coordination
• JCPS Communication strategy to ensure
  synergy on these issues over next year
  including role of community
                                                  107
                   CONCLUSION
There is no doubt that the overcrowding of our prisons is a
great challenge facing The Department of Correctional
Services, the South African Police Service and the
Department of Justice.

An effective interdepartmental strategy, involving all
stakeholders is critical in order to successfully address this
issue.

The finding of solutions is particularly important as
overcrowding is set to continue if left neglected.
                                                           108
  Overcrowding…..the solution
 The key to resolving overcrowding in the long term is:
      • on the one hand to address the alignment of policy within
        the criminal justice system, be it arrest policy, bail policy,
        awaiting trial incarceration policy, appropriate sentencing
        policy, parole placement policy, and
      • on the other hand to deal with the issue of social crime
        prevention and the role of the community and socio-
        economic development in prevention of crime levels that
        we currently experience.

• We have to acknowledged that this is work in process and that
  steps have been taken to address the operational blockages that
  contribute to overcrowding with endorsement of the
  responsibility to ensure liaison between all role players

                                                                  109

				
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