SUMMARY OF DCS GREEN PAPER Presentation to the Portfolio Committee on Correctional Services 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 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 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. 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 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 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. 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 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 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. 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 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. 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 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 4. VISION “ to be one of best in world in delivering correctional services with integrity & commitment to excellence”. 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.” 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 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 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 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 selfdevelopment seriously 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 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 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 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; 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. 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. 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. 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 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. 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 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. 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. 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. 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. 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 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. 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. 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 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. 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 THANK YOU!