FREE DAILY EMAIL

Date :23/09/2005
Source: Department of Correctional Services
Title: Balfour: Middledrift Management Area Imbizo


  Address by the Minister of Correctional Services, Mr BMN Balfour, MP, at Middledrift Management Area Imbizo

THE INTRODUCTION OF NEW CORRECTIONAL SUPERVISION AND PAROLE BOARDS

Programme Director
Deputy Regional Commissioner Tseana
Chairperson and Members of the Middledrift Parole Board
Management and Members of Correctional Services
Invited Guests
Community Representatives
Ladies and Gentlemen

Earlier this year I met with all the Chairpersons and Vice Chairpersons of our new Correctional Supervision and Parole Boards. While it was an opportunity for them to be inducted into their positions following their appointment, I also used the workshop to stress that they are not a law unto themselves.

They come from communities such as the communities in the Middledrift Management Area and they are accountable and answerable to those communities who they represent. They do not represent themselves. The Parole Boards do not belong to them. It belongs to the communities that they are supposed to serve.

Under the new system of Parole Boards, communities have been empowered to play an important role. When we say that corrections are a societal responsibility, we do not just mean that communities must be assisting the Department of Correctional Services with matters such as rehabilitation and reintegration of offenders. We want communities to be our partners; to play a role in our work and in this way, have real decision-making powers.

The new Correctional Supervision and Parole Boards give communities this power to be involved in the overall correctional system. Before these new Parole Boards were introduced, it was my officials who controlled the Parole Boards. They took decisions and made recommendations. This has now changed. We have formed 52 new Parole Boards throughout the country. In the Eastern Cape, we have Parole Boards in Middledrift, St Alban’s, East London, Kirkwood, Sada, Lusikisiki, Cradock and Mthatha. The Chairperson of your Parole Board is a community member. Two other members of the Parole Board come from the community.

The Vice Chairperson and Secretary are members of Correctional Services with the South African Police Service (SAPS) and the Department of Justice and Constitutional Development also represented. No longer is it only Correctional Services who will decide whether offenders are released on parole. Your interests as communities will now be paramount. The decisions will be binding but it is important that communities are consulted on all aspects of their work. I do not expect Parole Boards to just sit in offices. They must go out to communities. They must visit schools, churches, community organisations and report back on their work. They must know that communities will demand answers.

But what is parole and why are there Parole Boards?

I do not want you to confuse the remission of sentences that was completed recently with correctional supervision and parole. These are completely different things. The remission of sentences was a once-off thing that our President has the right to decide on in terms of our country’s Constitution. It does not happen often. The last time it was implemented was in 1998. Through this, certain offenders had a reduction in their sentences.

Parole is something completely different. Parole is used throughout the world, allowing offenders to serve a part of their sentence in the community under very strict conditions. But, offenders who are granted parole must serve part of their sentence in a correctional centre. Parole is not a right. Offenders cannot demand to be placed on parole. They must meet certain criteria in order to qualify for parole. Parole allows an offender to return to his or her community to serve the rest of his or her sentence in the community under the supervision of officials of Correctional Services.

In terms of the Correctional Services Act, No 111 of 1998, I, as the Minister, am responsible for the appointment of all Correctional Supervision and Parole Boards. The members of the Parole Boards are in office on conditions and for a time period that I determine. In the same way that I appoint them, I can remove them on grounds of misbehaviour, incapacity or incompetence. So, it is important that they deliver on their mandate. If they fail to do so, they would have failed our communities and would not deserve to hold office.

The work of the Parole Boards is determined by the Correctional Services Act. They would receive reports from the Case Management Committee of Middledrift on offenders serving a determinate sentence of more than 12 months and consider such reports and any other information presented to them. On the basis of all this information, they would consider placing qualifying offenders either under correctional supervision, on day parole or grant them parole. They would also decide on the conditions of community corrections subject to Section 52 of the Act. But what is important is that an offender does not have a right to parole. Being placed on parole or the conversion of sentence of offenders is considered individually and on its own merits.

The potential risks of placing offenders on parole are thoroughly considered and once it is granted, specific conditions of control and supervision are implemented. Being placed on parole does not mean an offender’s sentence is finished. He or she is still an offender but serving a sentence outside of prison and in a community. They must show that they want to rehabilitate themselves. They must show remorse for their actions and be prepared to change their lives for the better.

Parole is therefore the conditional release of an offender and he or she will continuously be subjected to good conduct and adaptation after having served at least a minimum prescribed portion of his or her sentence.

There are conditions attached to this. Various conditions can be set for parolees. These could include:

* House arrest
* They may have to perform community service
* They must seek employment
* They must take part in treatment,
development and support programmes
* They must have a fixed address
* They cannot use or abuse drugs or liquor
* They must not commit further crimes
* They are restricted to a specific magisterial district and cannot leave it without permission
* They must refrain from making contact with identified persons.

The conditions set for parolees must be strictly enforced. In order to ensure that they stick to the conditions, the following actions are implemented:

* They are monitored and this includes physical visits to their homes
* They are also placed under house arrest which means that they cannot leave their homes during certain times
* If the courts determine victim compensation, they must pay it
* They can also do community service at places such as clinics and schools without payment.

If they break any of the conditions, they are given the chance to state their case and if found to have broken conditions, they could:

* Receive a verbal warning
* Tougher conditions can be set
* They may have to appear in court where an alternative sentence could be imposed
* They may be sent back to a correctional centre to serve the remainder of their sentence behind bars.

But it is not so easy being placed on parole. While in custody, those who want to be considered for placement on parole must have behaved in such a manner that showed acceptance of the authority of correctional officials. They must have been involved in training and development programmes and show a willingness to change their behaviour. We also look at the seriousness of the crime and where it involves children, we consider this. We look at their rate of re-offending and at reports of non-governmental organisations (NGOs) and community-based organisations (CBOs). And we also look at how they might have violated previous parole conditions or correctional supervision.

Communities have a huge role to play when we consider granting parole to offenders. In certain cases of specific serious crimes, the victim or relatives of the victim could make representations to the Parole Board. They may even be allowed to attend sessions of the Parole Board. This is part of our restorative justice programmes where we want victims or their relatives and offenders to have the opportunity to address the issues involved. Victims or their relatives must approach the Parole Board if they want to make representations and the Parole Board will inform them of dates of hearings. But very important, all contact details of victims or their relatives will be kept confidential.

Communities can also become involved in other ways to make sure that corrections are truly a societal responsibility. Community members must report offenders who violate their parole conditions; they must accept offenders back into their communities so that they can be smoothly reintegrated and this way, not fall back into crime; you can also assist as volunteers with monitoring parolees and even assist with the presentation of programmes.

There is so much that communities can do and all your efforts will help in the fight against crime. We must change the way offenders think. We must tell them that we love them but we hate the crimes they commit. We must teach them to accept responsibility for their actions and if they must be punished, we must assist the authorities through providing information of their crimes and not attempt to hide such information. Offenders also need someone to turn to when they are released. Do not reject them, especially when they are placed on parole or under correctional supervision.

Correctional supervision is when the courts impose community-based sentencing. Offenders then serve their sentences in communities under strict conditions. Both parolees and those placed under correctional supervision need all the help they can get.

With this new system, we are giving communities a chance to become involved. Of course, decisions of Parole Boards could also be disagreed with. To deal with this, a Correctional Supervision and Parole Review Board is appointed from the National Council for Correctional Services. Under a Judge, decisions of Parole Boards can be reviewed. This gives communities further opportunities to influence decisions of Parole Boards and will hold Parole Boards accountable and transparent.

I want to urge you all to become involved in the work of the Parole Boards and in the work of Correctional Services. Together, we will succeed in breaking the back of crime.

I now give you the opportunity for engagement and discussions on Parole Boards and their functions.

Thank you.

Issued by: Department of Correctional Services
23 September 2005

SPONSORED BY

Advanced