Transformation and Strategic Realignment of Department of Correctional Services

1. SUMMARY OF DCS GREEN PAPERPresentation to thePortfolio Committee onCorrectional Services

2. 1. MOTIVATION FOR NEW WHITE PAPER • Based on 1993 Interim Constitution did not benefit from 1996 Constitution, 1998 Correctional Services Act • Is not aligned with key current Government Policies e.g. corrections in African Renaissance, & restructuring of SADC • Not aligned with PFMA & range of other Public Service Regulations • Inadequate understanding of causes unique nature of crime in SA, & place this understanding within correction & rehabilitation framework • Does not provide adequate guidance & direction to long-term departmental policy practice & development • Does not address rehabilitation & correction as societal responsibility • Silent on Department’s contribution towards community & societal involvement in social crime prevention & moral regeneration

3. 1. MOTIVATION CONTINUED • Does not provide adequate on Health Care Policy • Does not adequately address issue of awaiting trail – detainees • Does not align Department’s hierarchy of imperatives & promote necessary understanding of how Departmental policies are shaped & legal/Constitutional framework within which it is done • Constitution’s definition as Correctional Services as singular national competency, • Relationship with IJS cluster & Social Sector clusters not addressed • General lack of consistency in use of & understanding of terminology & definitions such terminology is user-friendly & consistent with philosophy of corrections

4. 2. HISTORY OF TRANSFORMATION : PERIOD BEFORE DEMOCRATIZATION IN 1993 • Predominant focus on safety & security & not rehabilitation. • Militarization became so imbedded & significant within its organizational culture & operations over many years. • Rehabilitation failed to be given central attention. • Human rights took many years of external pressure & ultimately advent of democracy in 1993, to be given primary status. • Closed prison culture evolved over many years. • Overcrowding is not present day phenomenon but reality that prison administrators had to deal with already since early 1900’s. • Early history of South African Correctional System.

5. 2. TRANSFORMATION : PERIOD 1993 UP TO 2000 • Critical events in period: • introduction of human rights culture brought about by 1993 Interim Constitution • alignment of Department with human rights culture • appointment of Inspecting Judge • approval of National Crime Prevention Strategy in 1996 • demilitarization of Department of 1 April 1996 • Other developments of new Constitution in 1996, Bill of Rights & new Correctional Services Act in 1998

6. 2. STRATEGIC REALIGNMENT OF DEPARTMENT OF CORRECTIONAL SERVICES SINCE 2000 • Commitment of Department in 2001 to put rehabilitation at center of all it’s activities. • Internal strategic planning session in October 2001 which resulted in adoption of Mvelaphanda. • Unit Management mainstreamed as vehicle for rehabilitation • Development of “Conceptualizing Rehabilitation” – document in 2001 • Plan to develop corporate culture that will support philosophy of rehabilitation & correction. • Department to come to some very crucial conclusions in 2003. • Corrections is much more that just crime prevention

7. 2. STRATEGIC REALIGNMENT OF DEPARTMENT OF CORRECTIONAL SERVICES SINCE 2000 CONTINUE • Correction as holistic process that focuses on social responsibility, social justice, participation in democratic activities & contribution to making South Africa better place. • DCS can achieve it’s objective behavior & social circumstances. • DCS is State’s agent in rendering final level of correction. • DCS improving its operation in integrated governance framework. • Policies should be aligned with overall policies of Government & also that of other departments.

8. 2. STRATEGIC REALIGNMENT OF DEPARTMENT OF CORRECTIONAL SERVICES SINCE 2000 CONTINUE • Many critical challenges • some are inherent in correctional systems world over • some have particular South African dimension. • These challenges include: • Overcrowding • State of DCS facilities • Insitutional “Prison Culture” • Corruption & mal-administration • Training retraining of members for new paradigm • Aligning organizational structure for new paradigm • Persons awaiting trails • Illegal immigrants • Needs of special categories of correctional • Dealing with HIV/Aids effect & management on communicable diseases

9. 2. STRATEGIC REALIGNMENT OF DEPARTMENT OF CORRECTIONAL SERVICES SINCE 2000 CONTINUE • Overcrowding as most important challenge • Various causes of overcrowding – is reflection of structural problems in CJS • Several measures DCS in co-operation with partners in JCPS are exploring • DCS to transform existing institutional culture into culture of good governance through: • Development of Risk & Fraud Management Strategy • Internal investigation capacity • Cost effective utilization resources • Addressing ongoing incidents of corruption • Effective utilization of Inspectorate Directorate • Measures DCS undertaking to addresses issues of corruption & financial management. • Measures involved external investigations conducted at behest of Minister of Correctional Services & Senior Management • “Gearing DCS for Rehabilitation” aimed at aligning Department’s systems, processes & structures to enable it to deliver effectively on its core business

10. 3. CORRECTION AS SOCIETAL RESPONSIBILITY • Principles & philosophy on which new vision for Rehabilitation-Centered Correctional Services rest • Interpretation of Correction which asserts that: • Correction based on ideals contained in Constitution that all South Africans should contribute to maintaining & protecting just, peaceful & safe society in our country. • Correction is inherent in good citizenship • Corrections is social responsibility within which all sectors / institutions of society including DCS should contribute • Family as first seat of correction • Many South African families are dysfunctional • Dysfunctional families provide fertile grounds to commit crime for young people in such families to commit criminal acts • Department has with all other social institutions & Departments crucial task in supplementing role of parents in providing correction environment for children.

11. 4. OBJECTIVES OF CORRECTIONAL SYSTEM • Department believes rehabilitation & prevention of recidivism are best achieved through correction & development, as apposed to punishment & treatment • Based on conviction that every human being are capable of change & transformation if offered opportunity & resources • Our approach to Rehabilitation is much more that just trying to prevent crime • Holistic approach in which we try to encourage include: • Social responsibility • Social justice • Active participation in democratic activities • Empowerment with life-and other skills • Contribution to make South Africa better place to live in

12. 4. OBJECTIVES CONTINUED • Rehabilitation as process in which we combine three important things: • Correction op offending behavior • Human development • Promotion of social responsibility & positive social values • To assist in Rehabilitation DCS will make use of Code of Ethics for correctional clients with three objectives: • Inform correctional clients what DCS expects of them in correctional environment • Educate them on what society anticipates to learn through rehabilitation process • Help them to understand what they are expected to put back into society once completed their sentence.

13. 4.1 DEFINING CORRECTIONS • Correction of offending behavior having following objectives: • To promote social responsibility • Ensure that correctional clients can recognize what they did • Correctional clients can understand why society regards that what they did to be unacceptable • Internalize impact that their action have had on victims & on society as whole

14. 4.1 DEFINING CORRECTIONS CONTINUED • Primary responsibility of Department of Correctional Services to correct offending behavior in secure safe & humane environment • Ten key objectives of Correctional System in South Africa: • Breaking cycle of crime • Security risk management • Implementation of sentence of courts • Providing & environment for controlled & phased rehabilitation interventions • Providing guidance & support to correctional clients within community • Provision of corrective & development measures to correctional client • Reconciliation of correctional client with community • Enhancement of productive capacity of correctional clients • Promotion of healthy familial relations & • Assertion of discipline within correctional environment

15. 4. VISION • “ to be one of best in world in delivering correctional services with integrity & commitment to excellence”.

16. 4. MISSION • “Placing rehabilitation at center of all DCS activities in partnerships with external stakeholders, through: • integrated application & direction of all Departmental DCS resources to focus on correction of offending behaviour, promotion of social responsibility & overall development of person under correction. • cost effective provision of correctional facilities that will promote security, correction, care & development services within enabling human rights environment; & • Progressive & ethical management & staff practices within which every correctional official performs effective correcting & encouraging role.”

17. 5. UNIT MANAGEMENT • Desired method of correctional center management • Correctional clients accommodated in smaller more manageable units with direct supervision • Team approach to correctional management • Continuous communication amongst staff & between staff & correctional clients • System of case management aimed at ensuring responsibility & involvement of correctional client in his/her progress, choices, etc • Six elements • Lateral communication • Direct interactive supervision of correctional clients • Assessment & needs-driven programmes in structured day & correctional plan • Multi-skilled staff in enabling & resourced environment • Restorative, developmental & human rights approach • Delegated authority with clear lines of accountability

18. 7. WHO ARE SOUTH AFRICA’S CORRECTIONAL CLIENT • Offender profile - Various factors - abolition of death penalty, introduction of system of minimum sentencing • Increase in prosecution of serious aggressive crimes has resulted in: • Increase in aggressive & sexual crimes categories • Increase in number of correctional clients that serves long sentences • Significant increase in post-1994 period in number of children sentenced to prison • Challenges for Department: • Increased need for accommodation of increasing population maximum-security & long term correctional clients • Need for rapid increase in accommodation for youth correctional clients

19. 8. IDEAL CORRECTIONAL OFFICAL IN APPROPRIATE ORGANIZATIONAL CULTURE • Relationship between staff & correctional client is key to correction & rehabilitation, as well as effective prison management • Slogan “every member is rehabilitator” - staff members through their actions advance rehabilitation objectives or undermine • Competencies ideal correctional official • unique combination of personal qualities, experience, expertise professional ethics, personal development & multi-skilling • Many challenges in relation to Human Resources • Enhancing status of correctional officials within community • Implementation of human resource provisioning strategy with recruitment criteria consistent with intention that “every correctional official is rehabilitator” • Effective career-pathing strategy & implementation of strict code of behavior by clear & effectively enforced disciplinary code with effective disciplinary procedures

20. 8. IDEAL CORRECTIONAL OFFICAL IN APPROPRIATE ORGANIZATIONAL CULTURE • Ideal correctional official: • High degree of compatibility & synergy with Code of Ethics & conduct • Embodies values that DCS hopes to instill in correctional client • Displays attitude of serving with pride and humility • Recognize need to take responsibility for assigned accountable for one’s own omissions or actions • Reflects appreciation of security through vigilance of need for ensuring safety of correctional clients & community • Displays caring attitude though qualities such as integrity, honesty, sound practices, adherence to departmental code disassociation with all forms of corruption & unethical responsibility for self-development seriously

21. 8. ORGANIZATIONAL CULTURE • Significant challenges in aligning organizational culture with new strategic redirection • Indicators reflecting shortcomings of past & existing organizational • High rate of recidivism • Low recognition of strategic role played by frontline employees • Corruption & perceptions • Well-aligned organizational culture should have positive outcomes • Significant reduction in rate of recidivism • Re-understanding of critically of frontline functions • Department must earn respect of communities & broader society • Importance of already approved seven departmental core values • Development, Efficiency, Responsibility, Security, Accountability, Justice, Equity

22. 8. IDEAL CORRECTIONAL OFFICAL IN APPROPRIATE ORGANIZATIONAL CULTURE • Commitment to culture devoid of militaristic practice • align DCS with international standards • military or paramilitary institution inappropriate for Rehabilitation • DCS performing socio-security function - civilian security structure with strong social-sector dimension. • Focus on tight security, on personnel discipline, & on civilian rank recognition as crucial factors in prison management. • DCS will map out comprehensive identification package for both officials & correctional clients • Interim use of existing uniform for officials together with proposed new insignia. • Long term complete package will be based on: • Corporate Identity • Authority Identification / Protocol • Security • Function purpose • Rehabilitation status • Prison wear

23. 9. GOVERNMENT’S RESPONSIBLITES TOWARDS ATDs • Various Constitutional provisions on rights of awaiting trial detainees in relation to their incarceration & their movement through CJS • Range of services that must be made available to unsentenced detainees. • continuity in education & training in line with Government policy, • safety of person, • access to social welfare services in line with Government policy, • accessibility to state provided health care in line with Government policy, • accessibility to visits, communication & correspondence with family & friends, • accessibility to recreational & reading resources, & • accessibility to legal representation • Social backgrounds of SA awaiting-trial detainees- promotion of human development NB. • Life skills, social development, understanding of legal & justice system • Client has identified policy gap

24. 9. GOVERNMENT’S RESPONSIBLITES TOWARDS ATDs • Long term policy – ATD responsibility of DoJ • Medium term - Transition policy. • Short- term management of awaiting trial detainees. • Improved management of CJS re ATDs • Increased Accommodation of awaiting-trial detainees • Debt offenders • Department of Home Affairs is responsible for illegal immigrants – appropriate facilities, family accommodation, staff trained in international law and immigration law; foreign languages;

25. 10. NEEDS-BASED INTERVENTION PLAN • Intervention targets unique history of individual towards positive & appropriate norms & value system, alternative social interaction options, development of life skills, & development of social & employment-related skills • Client-specific Sentence Plan and based on admission assessment & ongoing reassessment • needs relating to specific intervention programmes that target offending behaviour/s (Corrections). • security needs taken into account human rights of individual (Security) • needs in terms of Physical & Emotional Well Being (Care) • education & training & work allocation needs (Development) • needs in terms of allocated physical accommodation (Facilities) • needs in terms of support after release (After Care), • needs regarding reintegration into community.

26. 10. DIFFERENTIATION BETWEEN CORRECTION & DEVELOPMENT • Correction of offender behaviour deals with: • promotion of social responsibility, • ensuring that individual can recognize what they did as wrong, • understand why society believes it to be unacceptable, • to internalize impact that their actions have had on victims & on society as whole. • Development, deals with life skills of person, including: • education & training, • communication skills, • employability, • health awareness, • recreation skills, • sports skills. • Aspects that contribute to making person well -rounded person.

27. 10. EDUCATION • High levels of illiteracy amongst correctional clients in South Africa. • Also significant proportion of youth correctional clients. • To place significant emphasis on provision of literacy classes, basic schooling & basis adult education for correctional clients • In partnership with Department of Education, to provide education in our correctional centers that is in line with educational system of society as whole.

28. 10. TRAINING & PRODUCTIVE WORK • To base productive work of correctional clients on particular principles: • Productive work should be integral to correctional sentence plan • Nature of productive work should be consistent with profile of offence category & client themselves • Should contribute towards human development • Should be conducted within framework of country’s labour & safety legislation • Nature of productive work should not entrench gender & racial stereotypes • Should enhance employability of correctional clients

29. 10. COMMUNITY SERVICE & POVERY ALLEVIATION • Correctional client involvement in poverty alleviation projects aimed at: • Promoting constitutional role & responsibility to Department • Enhancing rehabilitation efforts towards clients involved • Furthering Government’s commitment to sustainable development • Objectives for DCS poverty alleviation/social development projects: • Build close relationships with community & seek to undo stigmatization of correctional clients • Support communities in category of high risk, poor communities, communities of origin of correctional clients • Not be DCS hand outs to community, but should contribute to sustainable development & hence social crime prevention • Not be once off events, but be part of coordinated multi-year, focused programme of Department • Enhance rehabilitation, correctional client employability, skills development & preventing recidivism as important components of sustainable development in line with trends in output of economy • Develop community awareness amongst correctional clients, community service attitude, while also developing self esteem in individuals.

30. 10. GENDER POLICY • Department understanding of Gender as Social relations between men & women. • Gender Policy should be in line with Constitution promoting respect for gender equality & protection, development & attainment of gender equality. • DCS approach to Gender will inform management of women correctional clients. • Management of men correctional clients is of particular importance in rehabilitation of men whose victims have been women & children. • Gender training as crucial aspect of rehabilitation of particularly young offenders

31. 10. SERVICE TO PAROLED CORRECTIONAL CLIENTS: POLICY, SOCIAL REINTEGRATION & INTEGRATED SUPPORT SYSTEM • Parole policy makes provision for release of detained correctional client under community correctional supervision. • Parole is conditional release that will contribute to social reintegration, promoting community responsibility for corrections & restoring harmed relationships. • participation of community members • direct involvement of relevant state departments • direct & valued involvement of family & friends • direct involvement of correctional clients themselves • direct input from victims of crimes themselves. • Social reintegration as most challenging aspect of rehabilitation. • Ongoing component of sentence plan that must become integral part of unit management. • Using term After-care to describe its services aimed at promoting effective social integration of correctional clients back into their communities of origin.

32. 10. SERVICE TO PAROLED CORRETIONAL CLIENTS: CONTINUED • Support to social reintegration will also inform our approach to issues like: • Written & telephonic communication • Visits with family, friends & loved ones, • Access to information about world • Contact with social institutions • Monitoring of recidivism as essential part in effectives of need-based rehabilitation and social reintegration • Prioritizes need to involve other role-players in creating integrated support system based on following principles: • Correctional clients will be referred by community corrections officials to various support services for their rehabilitation process within their residential areas; • Presentation of programmes shared with other role-players; • CBOS & NGOs involved in reintegration process • Integrated support system caters for development & rehabilitation • Suitable accommodation for destitute correctional clients • Families /friends/potential employers/other role-players involved in obtaining employment for correctional clients.

33. 11. SAFETY, SECURITY & HUMAN DIGNITY AS PART OF REHABILITATION • To provide security on different levels. • These are to (i) public, (ii) personnel, (iii) correctional clients from other correctional clients, & (iv) for correctional clients against themselves where applicable. • Rehabilitation & secure, safe & orderly custody as two sides of same coin. • Excessive security & control should not be allowed to transpire at expense of justice. • Use of force as means of restoring order can only be justified in extreme circumstances, • Security measures to which correctional clients & detainees are subject should be minimum that is needed to ensure their secure custody, & safety of other correctional clients.

34. 11. SECURITY CLASSIFICATION FOR REHABILITATION • Assessment of risk, must take into account impact of incarceration on human being, threat that correctional client may pose or herself, to staff, to other prisoners & to wider community. • Supports proximity of correctional client to his/her family, friends, & community. • Support principle that different security categories of correctional clients should not be accommodated together. • Actual facility should not be classified, except where it is very specifically designed for security purpose. On whole, it is correctional clients who should be security classified, & section in which they are accommodated should then be run according to appropriate levels of security routine. • Objective of Security Risk Assessment is to determine Security classification for every correctional client. • To do individual Security Risk Assessment use new Security Classification Instrument required.

35. 11. SAFETY & HEALTH OF CORRECTIONAL CLIENTS • Clients are dependent on Department to provide for their safety & to ensure that their rights are not violated. • Serious challenge in context of serious overcrowding • Presence of gangs in South Africa correctional centres undermines safety of correctional clients

36. 11. DISCIPLINARY PROCEDURES & PUNISHMENTS IN CORRECTIONAL CENTRES • Must be clear code on disciplinary offences, investigations, procedures & applicable sanctions available & understandable to all correctional clients & correctional officials on admission & entry to Department. • Principles of natural justice would be respected.

37. 12. SPECIAL CATEGORIES OF CORRECTIONAL CLIENTS • All correctional clients should not be regarded as one homogenous grouping. • Special needs correctional clients: • children below 18 years of age, • youth correctional clients, • first offence correctional clients, • women correctional clients, • disabled correctional clients, • aged correctional clients, • mentally ill clients, • long-term & life correctional clients, • foreign nationals who are sentenced by South African courts.

38. 13. APPROPRIATE & COST EFFECTIVE FACILITIES • Facilities of Department should be clearly designed as Correctional Development Centres which integrate facilities for rehabilitation, adequate security & conditions consistent with human dignity. • More advantageous option is to avoid private running of any more prisons in short term

39. 14. EXTERNAL PARTNERHSIPS • Development of new Rehabilitation-Centered Correctional System for South Africa, must take into account significant contribution & support needed from external partners. • DCS will fail in transformation objective without developing, maintaining & promoting partnerships with communities, community institutions, NGO’s, private enterprise, other government institutions & Departments & its partners within Integrated Justice System. • Propose active involvement of DCS in community initiatives & projects - will contribute to aims of crime prevention & effective reintegration of correctional clients.

40. WAY FORWARD • Presentation to Cabinet committees • Cabinet discussion & approval • Publication of Green Paper & Government Gazette • Public Hearings – January and February 2004 • Evaluation of inputs • Drafting of White Paper • Consultations & Roll-out on Draft White Paper • Portfolio & Select Committees • Approval by Cabinet & Parliament • Publication as White Paper – target April 2004

41. THANK YOU!