DCS GREEN PAPER PROCESS

DCS GREEN PAPER

PROCESS

Presentation to Portfolio Committee

October 2002

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

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.

RELEVANT POLICY COMPONENTSRehabilitation 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

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

ADDITIONAL POLICY ISSUES

Developed Model for Intervention to assess and profile offenders for needs based rehabilitation programmesRecognised 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

New security classification instrument to enable needs based rehabilitation

Instrument is Matrix of following:Personal particularsCrime category / nature of crime; Relationship of offender to victim(s) / nature of

relationship; Circumstances under which the crime was committedEffective length of sentenceNumber and nature of previous conviction; time

lapsed since last previous convictionversus

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


ADDITIONAL POLICY ISSUESNew 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)


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.

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

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


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


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.


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

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.

PRELIMINARY COMMENTSDCS 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

PRELIMINARY COMMENTSWhite 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

PRELIMINARY COMMENTSIntroduction 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

PRELIMINARY COMMENTSBODY 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

PRELIMINARY COMMENTS

BODY OF WHITE PAPEROrganisational cultureLanguage PolicyAccess to Information ActCode of ConductBasic work unit, supervision and

performance managementUnit ManagementHRD StrategyRecruitment and induction

PRELIMINARY COMMENTSBODY 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

PRELIMINARY COMMENTSBODY 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.

MaintenanceCare

MaintenanceCare

Person underCorrection

Person underCorrection

CorrectionCorrection

Security Security

DevelopmentDevelopment

FacilitiesFacilities

After Care After Care

SERVICE DELIVERY RANGESERVICE DELIVERY RANGESERVICE DELIVERY RANGESERVICE DELIVERY RANGE

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Other State Departments

Other State Departments

CBOs, NGOs, FBOs

CBOs, NGOs, FBOs

Parliamentary Legislative Structures

Parliamentary Legislative Structures

Criminal JusticeCluster

Criminal JusticeCluster

Community Community

Family Family

International Relations

International Relations

DCSDCS

PrivateSectorPrivateSector

EducationalInstitutionsEducationalInstitutions

EXTERNAL RELATIONSHIPS

Social SectorCluster

Social SectorCluster

DCS GREEN PAPER PROCESS

Documents

Transcript of DCS GREEN PAPER PROCESS