DCS GREEN PAPER PROCESS

1. DCS GREEN PAPER PROCESS Presentation to Portfolio Committee October 2002

2. Mvelaphanda Tasking Mvelaphanda October 2001 put rehabilitation at centre of DCS Cabinet Lekgotla endorsed rehabilitation as Government Priority • Inadequacies of current White Paper to rehabilitation focus • Task - Development of Green Paper on Correctional Services through development of separate policy documents on various aspects of Correctional Services • Task Team set up but went on hold in December 2001

3. WORK TOWARDS GREEN PAPER 2002 Focus of work in 2002: • conceptualisation of rehabilitation, • business reengineering for rehabilitation • development of components of policy to feed into Green Paper process • Identification of other areas that require policy attention in order to focus on needs based rehabilitation.

4. RELEVANT POLICY COMPONENTS • Rehabilitation policy. (Being revisited in line with 6 service delivery areas) December 2002 • Unit Management policy. March 2003 • HIV policy. Approved by NCCS and Minister Oct 2002 • Victim compensation policy. • Policy on aged prisoners. November 2002 • Gender policy. December 2002 • Youth policy. Policy in place and approved by NCCS, awaiting alignment with Child Justice Bill

5. RELEVANT POLICY COMPONENTS • Policy on community based rehabilitation centres • Policy on skills based remuneration system for prison labour. March 2003 • Policy on credit system for prisoners and probationers participating in rehabilitation programmes. June 2003 • Policy on partnership with community-based organisations. Current task team. • Policy on public-private partnerships and financing models for Correctional Services infrastructure development. October 2002

6. ADDITIONAL POLICY ISSUES Developed Model for Intervention to assess and profile offenders for needs based rehabilitation programmes • Recognised need for IJS wide offender information system • details causes, nature and circumstances of offence • starting point for offender profiling & assessment, from admission to release, informs new security classification and decisions during Parole Board hearings. • Key challenge to develop capacity to provide effective corrections & development programmes in all aspects of offenders life for each offender category

7. ADDITIONAL POLICY ISSUES New security classification instrument to enable needs based rehabilitation Instrument is Matrix of following: • Personal particulars • Crime category / nature of crime; • Relationship of offender to victim(s) / nature of relationship; • Circumstances under which the crime was committed • Effective length of sentence • Number and nature of previous conviction; time lapsed since last previous conviction • versus • Threat to community/escape risk; threat to fellow offenders and staff; vulnerability: need for protection from other prisoners/self • Initial draft developed for consultative process to refine security classification instrument

8. ADDITIONAL POLICY ISSUES New security classification instrument requires new approach to types of prisons DCS facility planning programme driven by projection & analysis of arrest, conviction and sentencing trends, nature of crime, background of offender, length of sentence; & appropriate rehabilitation route Indicates consideration of move towards: • Holding Prisons (No rehabilitation, tight security, humane treatment) • Correctional Development Centres (lots of rehabilitation, adequate security, balanced with humane treatment) ultimate goal based on offender category • Security Prisons (little rehabilitation, lots of security, balanced with humane treatment)

9. ADDITIONAL POLICY ISSUES Guidelines for Integrated Support System For Probationers & Parolees: • DCS Community Corrections Office liaison with DSD & Local Government for lists of services, addresses & contact persons of non-profit organisations, non-governmental organizations & community based organizations with its magisterial district. • Lists to be accessible to probationers & parolees to facilitate their re-integration process into community • Lists utilized to refer offenders to those services that are not available at community corrections offices.

10. TASK TEAM • Gearing project and roll out of new conceptualisation of rehabilitation resulted in two teams: • Restructuring and gearing business processes, systems and structures for rehabilitation • Roll out of 3 service delivery slides and Development of Green Paper • Task Team for Green Paper • Convened by CDC Functional Services • Members of Team: Gxilishe, Sishuba, Mthabela, Tsetsana, Rubushe, Moodley, Louw and representatives of Portfolio Committee • Task Team to request National Treasury representation to ensure costing of financial implications of White Paper are inherent in process. • Task Team to ensure implementation plan developed as part of the White Paper process in consultation with DPSA. • Process, time frames and framework still to be finalised by Task Team

11. PROPOSAL GREEN PAPER PROCESS Development of basic policy: • Policy components developed by relevant DCS Unit and consulted within Department & tested against practice October 2002 – March 2003 • B meeting to focus on Functional Matters before end of year • Policy components presented to stakeholders - Portfolio & Select Committees; National Council for Correctional Services; Research Consultative Forum

12. PROPOSAL GREEN PAPER PROCESS Conceptualising of Green Paper - Parallel process - GP Task Team – October-November 2002 • Conduct review of existing White Paper and • Consolidate NMB discussion on Constitutional and legislative imperatives for DCS • Draft framework for Green Paper from outcome of policy processes • Task Directorates to obtain appropriate research on best practice through own research and/or NGOs

13. PROPOSAL GREEN PAPER PROCESS Roll out in DCS • NMB Task Team to conduct workshops in each province on GP framework • Workshop of NMB, Portfolio Committee and National Council on consolidated inputs from provincial workshops • Green Paper to be drafted by Drafting Team • Draft Green Paper to be presented to consultative workshop with external stakeholders – IJS departments and NGOs • Presentation of reworked Draft Green Paper to Minister for approval for publication.

14. PROPOSAL GREEN PAPER PROCESS • Presentation of Draft Green Paper to Portfolio Committee with request for public hearings • Public Hearings held by Portfolio Committee • GP Task Team to consolidate inputs and finalise Green Paper into White Paper • Presentation of White Paper to National Management Board, NCCS, Portfolio Committee, • Redraft White Paper for submission for approval by Minister, Cabinet Committee & to Cabinet • Roll out of workshops to popularise White Paper in DCS in each province and Management Area to ensure buy in

15. PRELIMINARY COMMENTS STYLE OF GREEN PAPER AND WHITE PAPER: • White Paper is report issued by Government to provide information to public about broad policy direction of Department or on issue. • Style of White Paper is inappropriate to White Paper as contains too detailed time-specific information • White Paper should be an overarching policy framework that will sustain Departments direction for next ten years or so.

16. PRELIMINARY COMMENTS DCS White Paper should reflect policy hierarchy of Department & indicate which policies derive from which others: • Philosophy of South African correctional system - drawn from Constitution and Correctional Services Act that establishes correctional system in South Africa. • Correctional Doctrine of South Africa, system of beliefs and values which generate Departmental policy, and which purport to describe ends to which policy is means. • High level general policy principles which guide making of laws, administration and executive acts of government as an enactment of doctrine, resulting in DCS strategic policy framework

17. PRELIMINARY COMMENTS White Paper should aim to provide consistency in use of terminology, and provide definitions where required. Some of issues that must be resolved in process: • Reference to people sentenced to a prison sentence as prisoners; inmates; offenders in prison; detainees; convicts; criminals • Reference to those under correctional community supervision as offenders, parolees, probationers, • Recidivism – relapse by ex-offender back into crime • Probation – system of releasing young criminals, especially first offenders on suspended sentence during good behaviour under supervision of a person of institution • Parole – release under supervision on basis of undertaking between offender and Department on conditions that he/she will not abscond and will comply with conditions

18. PRELIMINARY COMMENTS Introduction to White Paper should address: • Constitution, Correctional Services Act & relevant legislation • DCS and Government Strategy • DCS and IJS • DCS and Social Sector • DCS and international corrections community • DCS contribution to international relations – NEPAD, AU, SADC, DCS objectives • DCS view of correction – engage community to understand that manner in which correctional officials handle offenders contributes to community attitude • Appropriate sentencing options to be explored in IJS so consensus on when prison is appropriate sentence. • Resources - government monies • - donor community • Recidivism – impact of punitive method of recidivism & impact of development approach • Crime & trend analysis • Vision & mission • Batho Pele

19. PRELIMINARY COMMENTS BODY OF WHITE PAPER • Three slides developed by NMB on service delivery areas to offender, departmental responsibilities to correctional officials, external relationships • Service Delivery Indicators • Equity not as numbers but as training and deploying in manner which will transform social relations between races/cultural groups, gender, disabled/abled status, young and old • Commitment to non-racism and non-sexism training of both members and offenders in relation to diversity training • Corruption as an inherent feature of correctional systems internationally and hence need for anti-corruption strategy, investigative capacity, tight policy and management systems, appropriate disciplinary procedures, strong methods of sanction • Civilian security institution – focus on tight security, on personnel discipline, and on civilian rank recognition as crucial factors in prison management • DCS as essential service and hence relations with labour unions

20. PRELIMINARY COMMENTS BODY OF WHITE PAPER • Organisational culture • Language Policy • Access to Information Act • Code of Conduct • Basic work unit, supervision and performance management • Unit Management • HRD Strategy • Recruitment and induction

21. PRELIMINARY COMMENTS BODY OF WHITE PAPER • Concept of rehabilitation • Corrections policy – correcting offending behaviour, needs based • Offender Development Policy – education, training, work skills and experience, life skills, social skills • Security and Offender Safety – principles underlying the new security classification system • Offender Care – physical care, accommodation, HIV/AIDS, crisis intervention, counseling/treatment, religious ministry, health, nutrition • Facilities – need driven approach on basis of IJS inputs to facilities planning and management • After Care – reintegration, DCS responsibility and responsibility of other Government Departments and CBOs. • Correctional Supervision – integrated support system, monitoring compliance with conditions, • Parole Supervision - integrated support system, monitoring compliance with conditions

22. PRELIMINARY COMMENTS BODY OF WHITE PAPER • Special Need offenders – children, women with babies, disabled, and senior citizens • Awaiting Trail Prisoners – need for comprehensive IJS wide policy definition of whose job it is – rights and obligations of ATPs, DCS responsibilities re rights, health, continuing education and training • Institutional arrangements – Case Management committee, CSPB, Parole Review Board • Inspecting Judge • National Council on Correctional Services • Prisoner’s rights and Obligations – UN Minimum Rules and Standards; African Charter of Prisoners Rights, • Complaints procedure, discipline, visits • Community involvement with DCS • Research and analysis drive department • DCS Communication strategy - must be design to take debate into prisons, to all members, to relevant Government Departments and to community.

23. Thank you!

24. REHABILITATION PLAN P Development P Correction CC CC CC Facilities Person under Correction P P Maintenance Care CC After Care Security P CC SERVICE DELIVERY RANGE

25. EXTERNAL RELATIONSHIPS International Relations Parliamentary Legislative Structures Community CBOs, NGOs, FBOs Family DCS Educational Institutions Other State Departments Private Sector Criminal Justice Cluster Social Sector Cluster