GREEN PAPER ON CORRECTIONAL SERVICE IN SOUTH AFRICA Presented by DCS to Portfolio Committee Workshop February 2003

AIM OF PRESENTATION To share understanding of challenges in developing a Green Paper To share understanding of challenges in developing a Green Paper To engage with Portfolio Committee on issues to be addressed in Green Paper To engage with Portfolio Committee on issues to be addressed in Green Paper To engage on definitions of programmes developed in updated Strategic Plan To engage on definitions of programmes developed in updated Strategic Plan

OUTLINE OF PRESENTATION  Mandate Analysis  Gap Analysis White Paper, Constitution, Correctional Services Act & policies  Rehabilitation service delivery areas & proposed 6 programmes  Framework for Green paper  Proposed project plan

DCS VISION To be one of best in world in delivering correctional services with integrity & commitment to excellence. To be one of best in world in delivering correctional services with integrity & commitment to excellence.

DCS MISSION Placing rehabilitation at center of all DCS activities in partnerships with external stakeholders, through: Placing rehabilitation at center of all DCS activities in partnerships with external stakeholders, through: – integrated application & direction of all 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.

MANDATE ANALYSIS Policy perspective of DCS informed by Policy perspective of DCS informed by – Constitution, –Bill of Human Rights and –Purpose of correctional system outlined in s(2) of Act 111 of 1998, –Policy and legislation of other relevant Government Departments, particularly IJS depts

IMPACT OF 1996 CONSTITUTION Silence of Constitution on Correctional system and philosophy of correctional service Silence of Constitution on Correctional system and philosophy of correctional service Bill of Rights defines human rights environment that DCS operates in Bill of Rights defines human rights environment that DCS operates in Silence on relationship between justice system & prison/corrections environment Silence on relationship between justice system & prison/corrections environment Defines corrections as singular national competency Defines corrections as singular national competency Does not and should not address structures of individual depts Does not and should not address structures of individual depts

ALIGNMENT GOVT DEPT POLICY Identify specific non-alignment in policy development processes, particularly re: Identify specific non-alignment in policy development processes, particularly re: –DCS Policy Coordination & policy liaison through JCPS, Social Sector & IRPS Cluster processes –Good Governance & Administration –Building Services & Asset Maintenance with DPW policy & procedures and National Treasury regulations –Communications strategy –Public Finance Management

GAP ANALYSIS 1994 WHITE PAPER Style Of 1994 White Paper - too specific with details on time frames, figures & reference to geographical areas Style Of 1994 White Paper - too specific with details on time frames, figures & reference to geographical areas Introduction grossly inadequate in contextualising correction in: Introduction grossly inadequate in contextualising correction in: – integrated criminal justice in South Africa & –in African Renaissance & SADC restructuring

GAP ANALYSIS 1994 WHITE PAPER Defined core business as safe custody & humane treatment of offenders in line with Constitution Defined core business as safe custody & humane treatment of offenders in line with Constitution Surpassed by placing rehabilitation at center of DCS core business, & conceptualising rehabilitation as desired outcome of both Surpassed by placing rehabilitation at center of DCS core business, & conceptualising rehabilitation as desired outcome of both – key service delivery areas in DCS & –community & societal involvement in social crime prevention & moral regeneration

GAP ANALSYIS – ACT 111 Inadequate attention in relation to: Inadequate attention in relation to: –policy on offender labour –delegation of powers, policy compliance, internal service evaluation, – compliance with Public Finance Management Act provisions - internal auditing processes –building of facilities, evaluation methodology, unsolicited bids, and PPPs –Appropriate human resource provisioning and retention strategy - definition of professionals –promotions & human resource maintenance policy

Definition of terminology for DCS specific environment Definition of terminology for DCS specific environment Security/civilian/military character of Department in line with RDP & RDP White Paper Security/civilian/military character of Department in line with RDP & RDP White Paper Classification of prisoners - comprehensive instrument to enable needs based rehabilitation. Classification of prisoners - comprehensive instrument to enable needs based rehabilitation. GAP ANALYSIS 1994 WHITE PAPER

Major policy gap re Awaiting Trail Prisoners - JCPS process to fill policy gap Major policy gap re Awaiting Trail Prisoners - JCPS process to fill policy gap Accommodation of offenders - programme towards compliance with international minimum norms & standards. Accommodation of offenders - programme towards compliance with international minimum norms & standards. Health Policy - silent on issues of comprehensive health care, Primary Health Care, Aids Policy,, etc. Health Policy - silent on issues of comprehensive health care, Primary Health Care, Aids Policy,, etc. Range of subordinate policies to be aligned. Range of subordinate policies to be aligned. GAP ANALYSIS 1994 WHITE PAPER

Care Person under Correction Person under Correction Security Development Facilities After Care SERVICE DELIVERY RANGE CC CCO CC

SENTENCE PLAN

Facilities Correctional Official Correctional Official Training & Development Training & Development Recruitment & Induction Recruitment & Induction Management Information Flow Management Information Flow Maintenance After Care DEPARTMENTAL RESPONSIBILITIES

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

DEFINITION OF CORRECTIONS Refers to all those services aimed at assessment of security risk & criminal profile of individuals under correctional supervision based on their social background & developing correctional sentence plan targeting all elements associated with offending behaviour/s. Initial focus will be to target actual offence for which a person will have been convicted & sentence to community correctional supervision &/or remand in a correctional center &/or placed on parole. Refers to all those services aimed at assessment of security risk & criminal profile of individuals under correctional supervision based on their social background & developing correctional sentence plan targeting all elements associated with offending behaviour/s. Initial focus will be to target actual offence for which a person will have been convicted & sentence to community correctional supervision &/or remand in a correctional center &/or placed on parole.

DEFINITION OF DEVELOPMENT Refers to all those services aimed at development of competency through provision of social development & consciousness, vocational & technical training, recreation, sports & opportunities for education that will enable offenders to easily reintegrate in communities & serve as productive citizens. Refers to all those services aimed at development of competency through provision of social development & consciousness, vocational & technical training, recreation, sports & opportunities for education that will enable offenders to easily reintegrate in communities & serve as productive citizens.

DEFINITION OF SECURITY Refers to all those services rendered by Department aimed at ensuring provision of safe & healthy conditions for all persons under its care in conditions consistent with human dignity, while providing protection for its personnel, security for public against persons under its care, as well as safety of persons under its care. Refers to all those services rendered by Department aimed at ensuring provision of safe & healthy conditions for all persons under its care in conditions consistent with human dignity, while providing protection for its personnel, security for public against persons under its care, as well as safety of persons under its care.

DEFINITION OF CARE Needs based services aimed at maintenance of well being of persons under departmental care; providing for physical well-being, nutrition, social link with families & society, spiritual & moral well-being, psychological well-being & health care. Needs based services aimed at maintenance of well being of persons under departmental care; providing for physical well-being, nutrition, social link with families & society, spiritual & moral well-being, psychological well-being & health care.

DEFINITION OF FACILITIES Refers to all physical infrastructures provided by Department for those legally entrusted to its care as well as to personnel, aimed at ensuring availability of minimum facilities requirement pursuant to rehabilitation responsibilities & objectives. Refers to all physical infrastructures provided by Department for those legally entrusted to its care as well as to personnel, aimed at ensuring availability of minimum facilities requirement pursuant to rehabilitation responsibilities & objectives.

DEFINITION OF AFTER CARE Refers to all services focused on persons under care of DCS in preparation for completion of sentences, to facilitate social acceptance & effective reintegration into their communities. Refers to all services focused on persons under care of DCS in preparation for completion of sentences, to facilitate social acceptance & effective reintegration into their communities.

GREEN PAPER FRAMEWORK MANDATE ANALYSIS Constitution Act 108 of 1996 Constitution Act 108 of 1996 Correctional Services Act, 111 of 1998 Correctional Services Act, 111 of 1998 JCPS Policy Framework JCPS Policy Framework Social Sector Policy Framework Social Sector Policy Framework IRPS Policy Framework IRPS Policy Framework South African Government foreign policy and multilateral relations South African Government foreign policy and multilateral relations Policy imperatives from other Departments Policy imperatives from other Departments

STRATEGIC DIRECTION OF CORRECTIONAL SERIVCES Vision and Mission Vision and Mission Civilian security nature of DCS Civilian security nature of DCS Organisational culture Organisational culture Principles Of Correctional Management Principles Of Correctional Management – Unit Management – Restorative Justice – Humane Incarceration – Human Rights Culture Core Business Of DCS Core Business Of DCS

DEFINITION OF TERMS AND CONCEPTS OFFENDER MANAGEMENT Security classification for rehabilitation Analysis driven corrections programmes Analysis driven corrections programmes Needs based development programmes Needs based development programmes Services to awaiting trial detainees Services to awaiting trial detainees Services to sentenced offenders Services to sentenced offenders Parole system Parole system Services to parolees Services to parolees Services to probationers Services to probationers Offender labour Offender labour

FACILITIES PROCUREMENT AND MANAGEMENT IJS Facility planning IJS Facility planning Facilities procurement Facilities procurement Facilities management Facilities management HUMAN REOUSRCES MANAGEMENT Human resource provisioning Human resource provisioning Equity Equity Human Resource Development Human Resource Development Career Management Career Management

GOVERNANCE AND ADMINISTRATION Power and Functions of the Executing Authority Power and Functions of the Executing Authority Powers and Functions of the Commissioner Powers and Functions of the Commissioner Good Governance (Service Evaluation) Good Governance (Service Evaluation) Roles and responsibilities of Judicial Inspectorate Roles and responsibilities of Judicial Inspectorate Roles and responsibilities of National Council for Correctional Services Roles and responsibilities of National Council for Correctional Services Roles and responsibilities of social partners Roles and responsibilities of social partners

PROJECT PLAN Conduct situation analysis to determine any policy gaps Conduct situation analysis to determine any policy gaps Compile framework of Green/White Paper Compile framework of Green/White Paper Consult with internal stakeholders Consult with internal stakeholders Consult with external stakeholders Consult with external stakeholders Compile final draft Green Paper & submit recommendations & approval Compile final draft Green Paper & submit recommendations & approval Approval of Green Paper Approval of Green Paper Public Hearings Public Hearings Popularise Green Paper Popularise Green Paper Start writing of White Paper Start writing of White Paper Submit White Paper for Approval Submit White Paper for Approval Legislative Review Process (if necessary) Legislative Review Process (if necessary)

CONCLUSION Entire White Paper needs to be completely overhauled. Entire White Paper needs to be completely overhauled White Paper was a transitionary document - an immediate response to new post 1994 democracy 1994 White Paper was a transitionary document - an immediate response to new post 1994 democracy Has been bypassed by policy development in Constitution, Correctional Services Act, & DCS policy. Has been bypassed by policy development in Constitution, Correctional Services Act, & DCS policy.

WHITE PAPER LEGISLATION SUBORDINATE POLICIES REGULATIONS STRATEGIC PLAN B ORDER OPERATIONAL PLANS ACTIVITY PLANS BUSINESS PROCESSES A ORDER PROGRAMMES SYSTEMS STRUCTURE VISION & MISSION SERVICE DELIVERY RANGE POLICY HUMAN RESOURCE PROVISIONING BUDGETING INSTITUTIONAL ORDERS ADMINISTRATIVE PROCEDURES DCS HIERARCHY OF IMPERATIVES CONSTITUTION

DRAFT POLICY DEVELOPMENT Driven within Department but with inputs from various role players – Portfolio Committee, Cluster Committees, Minister, External stake holders, international experience DRAFT POLICY CONSULTATION PROCESS Driven by Ministry as consultative process with Department presenting draft policy on behalf of Minister POLICY APPROVAL PROCESS Driven by Commissioner on behalf of Minister at DG level, & by Minister through Cabinet Committee & Cabinet levels. POLICY PROCESS