GREEN PAPER ON GREEN PAPER ON CORRECTIONAL SERVICE CORRECTIONAL SERVICE

IN SOUTH AFRICAIN SOUTH AFRICA

Presented by DCS to Portfolio Presented by DCS to Portfolio Committee WorkshopCommittee Workshop

February 2003February 2003

AIM OF PRESENTATIONAIM OF PRESENTATION

• To share understanding of challenges To share understanding of challenges in developing a Green Paperin developing a Green Paper

• To engage with Portfolio Committee To engage with Portfolio Committee on issues to be addressed in Green on issues to be addressed in Green PaperPaper

• To engage on definitions of To engage on definitions of programmes developed in updated programmes developed in updated Strategic PlanStrategic Plan

OUTLINE OF PRESENTATIONOUTLINE OF PRESENTATION

Mandate AnalysisMandate Analysis Gap Analysis - 1994 White Paper, Gap Analysis - 1994 White Paper,

Constitution, Correctional Services Constitution, Correctional Services Act & policies Act & policies

Rehabilitation service delivery areas Rehabilitation service delivery areas & proposed 6 programmes& proposed 6 programmes

Framework for Green paperFramework for Green paper Proposed project planProposed project plan

DCS VISIONDCS VISION

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

DCS MISSIONDCS MISSION• Placing rehabilitation at center of all DCS Placing rehabilitation at center of all DCS

activities in partnerships with external activities in partnerships with external

stakeholders, through:stakeholders, through:

– integrated application & direction of all DCS resources integrated application & direction of all DCS resources

to focus on correction of offending behaviour, to focus on correction of offending behaviour,

promotion of social responsibility & overall promotion of social responsibility & overall

development of person under correction;development of person under correction;

– Cost effective provision of correctional facilities that Cost effective provision of correctional facilities that

will promote security, correction, care & development will promote security, correction, care & development

services within enabling human rights environment;services within enabling human rights environment;

– Progressive & ethical management & staff practices Progressive & ethical management & staff practices

within which every correctional official performs within which every correctional official performs

effective correcting & encouraging role.effective correcting & encouraging role.

MANDATE ANALYSISMANDATE ANALYSIS

• Policy perspective of DCS informed Policy perspective of DCS informed byby– Constitution, Constitution, – Bill of Human Rights and Bill of Human Rights and – Purpose of correctional system Purpose of correctional system

outlined in s(2) of Act 111 of 1998, outlined in s(2) of Act 111 of 1998, – Policy and legislation of other Policy and legislation of other

relevant Government relevant Government Departments, particularly IJS deptsDepartments, particularly IJS depts

IMPACT OF 1996 CONSTITUTIONIMPACT OF 1996 CONSTITUTION

• Silence of Constitution on Silence of Constitution on Correctional system and philosophy of Correctional system and philosophy of correctional service correctional service

• Bill of Rights defines human rights Bill of Rights defines human rights environment that DCS operates in environment that DCS operates in

• Silence on relationship between Silence on relationship between justice system & prison/corrections justice system & prison/corrections environment environment

• Defines corrections as singular Defines corrections as singular national competencynational competency

• Does not and should not address Does not and should not address structures of individual deptsstructures of individual depts

ALIGNMENT GOVT DEPT POLICYALIGNMENT GOVT DEPT POLICY

• Identify specific non-alignment in policy Identify specific non-alignment in policy development processes, particularly re:development processes, particularly re:– DCS Policy Coordination & policy liaison DCS Policy Coordination & policy liaison

through JCPS, Social Sector & IRPS Cluster through JCPS, Social Sector & IRPS Cluster processesprocesses

– Good Governance & AdministrationGood Governance & Administration– Building Services & Asset Maintenance Building Services & Asset Maintenance

with DPW policy & procedures and National with DPW policy & procedures and National Treasury regulationsTreasury regulations

– Communications strategyCommunications strategy– Public Finance ManagementPublic Finance Management

GAP ANALYSIS 1994 WHITE PAPERGAP ANALYSIS 1994 WHITE PAPER

• Style Of 1994 White Paper - too Style Of 1994 White Paper - too specific with details on time frames, specific with details on time frames, figures & reference to geographical figures & reference to geographical areas areas

• Introduction grossly inadequate in Introduction grossly inadequate in contextualising correction in:contextualising correction in:– integrated criminal justice in South Africa integrated criminal justice in South Africa

& & – in African Renaissance & SADC in African Renaissance & SADC

restructuringrestructuring

GAP ANALYSIS 1994 WHITE PAPERGAP ANALYSIS 1994 WHITE PAPER

• Defined core business as safe custody Defined core business as safe custody & humane treatment of offenders in & humane treatment of offenders in line with Constitutionline with Constitution

• Surpassed by placing rehabilitation at Surpassed by placing rehabilitation at center of DCS core business, & center of DCS core business, & conceptualising rehabilitation as conceptualising rehabilitation as desired outcome of bothdesired outcome of both– key service delivery areas in DCS & key service delivery areas in DCS & – community & societal involvement in community & societal involvement in

social crime prevention & moral social crime prevention & moral regenerationregeneration

GAP ANALSYIS – ACT 111GAP ANALSYIS – ACT 111

• Inadequate attention in relation to:Inadequate attention in relation to:– policy on offender labourpolicy on offender labour– delegation of powers, policy compliance, delegation of powers, policy compliance,

internal service evaluation, internal service evaluation, – compliance with Public Finance compliance with Public Finance

Management Act provisions - internal Management Act provisions - internal auditing processes auditing processes

– building of facilities, evaluation building of facilities, evaluation methodology, unsolicited bids, and PPPsmethodology, unsolicited bids, and PPPs

– Appropriate human resource Appropriate human resource provisioning and retention strategy - provisioning and retention strategy - definition of professionalsdefinition of professionals

– promotions & human resource promotions & human resource maintenance policymaintenance policy

• Definition of terminology for DCS Definition of terminology for DCS specific environmentspecific environment

• Security/civilian/military character Security/civilian/military character of Department in line with RDP & of Department in line with RDP & RDP White Paper RDP White Paper  

• Classification of prisoners - Classification of prisoners - comprehensive instrument to comprehensive instrument to enable needs based enable needs based rehabilitation.  rehabilitation.  

GAP ANALYSIS 1994 WHITE PAPERGAP ANALYSIS 1994 WHITE PAPER

• Major policy gap re Awaiting Trail Major policy gap re Awaiting Trail Prisoners - JCPS process to fill Prisoners - JCPS process to fill policy gappolicy gap

• Accommodation of offenders - Accommodation of offenders - programme towards compliance programme towards compliance with international minimum norms with international minimum norms & standards.& standards.

• Health Policy - silent on issues of Health Policy - silent on issues of comprehensive health care, comprehensive health care, Primary Health Care, Aids Policy, , Primary Health Care, Aids Policy, , etc.etc.

• Range of subordinate policies to be Range of subordinate policies to be aligned. aligned.

GAP ANALYSIS 1994 WHITE PAPERGAP ANALYSIS 1994 WHITE PAPER

CareCare

Person underCorrection

Person underCorrection

CorrectionCorrection

Security Security

DevelopmentDevelopment

FacilitiesFacilities

After Care After Care

SERVICE DELIVERY RANGE

SERVICE DELIVERY RANGE

CCCC

CCOCCO

CCOCCO

CCOCCO

CCOCCO

CCOCCO

CCOCCO

CCCC

CCCC

CCCC

CCCC

CCCC

SENTENCE PLAN

Facilities Facilities Correctional Official

Correctional Official

Training & DevelopmentTraining &

Development

Recruitment & Induction

Recruitment & Induction

Management Information Flow

Management Information Flow

MaintenanceMaintenance

After CareAfter Care

DEPARTMENTAL RESPONSIBILITIESDEPARTMENTAL RESPONSIBILITIES

CBOs, NGOs, FBOs

CBOs, NGOs, FBOs

DCSDCS

Parliamentary Legislative Structures

Parliamentary Legislative Structures

Other State Depts

Other State Depts

Criminal Justice Cluster

Criminal Justice Cluster

CommunityCommunity

FamilyFamily

International Relations

International Relations

Educational Institutions

Educational Institutions

Private SectorPrivate Sector

EXTERNAL RELATIONSHIPS

Social Sector Cluster

Social Sector Cluster

DEFINITION OF DEFINITION OF CORRECTIONSCORRECTIONS• Refers to all those services aimed at Refers to all those services aimed at

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

DEFINITION OF DEVELOPMENTDEFINITION OF DEVELOPMENT

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

DEFINITION OF SECURITYDEFINITION OF SECURITY

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

DEFINITION OF CAREDEFINITION OF CARE

• Needs based services aimed at Needs based services aimed at

maintenance of well being of persons maintenance of well being of persons

under departmental care; providing for under departmental care; providing for

physical well-being, nutrition, social link physical well-being, nutrition, social link

with families & society, spiritual & moral with families & society, spiritual & moral

well-being, psychological well-being & well-being, psychological well-being &

health care. health care.

DEFINITION OF FACILITIESDEFINITION OF FACILITIES

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

DEFINITION OF AFTER CAREDEFINITION OF AFTER CARE

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

GREEN PAPER FRAMEWORKGREEN PAPER FRAMEWORK

MANDATE ANALYSISMANDATE ANALYSIS

• Constitution Act 108 of 1996Constitution Act 108 of 1996

• Correctional Services Act, 111 of 1998Correctional Services Act, 111 of 1998

• JCPS Policy FrameworkJCPS Policy Framework

• Social Sector Policy FrameworkSocial Sector Policy Framework

• IRPS Policy FrameworkIRPS Policy Framework

• South African Government foreign policy South African Government foreign policy and multilateral relationsand multilateral relations

• Policy imperatives from other Policy imperatives from other DepartmentsDepartments

STRATEGIC DIRECTION OF STRATEGIC DIRECTION OF CORRECTIONAL SERIVCESCORRECTIONAL SERIVCES

• Vision and MissionVision and Mission• Civilian security nature of DCSCivilian security nature of DCS• Organisational cultureOrganisational culture• Principles Of Correctional Principles Of Correctional

ManagementManagement– Unit ManagementUnit Management– Restorative JusticeRestorative Justice– Humane Incarceration Humane Incarceration – Human Rights CultureHuman Rights Culture

• Core Business Of DCSCore Business Of DCS

DEFINITION OF TERMS AND CONCEPTSDEFINITION OF TERMS AND CONCEPTS

OFFENDER MANAGEMENT OFFENDER MANAGEMENT Security classification for rehabilitationSecurity classification for rehabilitation• Analysis driven corrections programmesAnalysis driven corrections programmes• Needs based development programmesNeeds based development programmes• Services to awaiting trial detaineesServices to awaiting trial detainees• Services to sentenced offendersServices to sentenced offenders• Parole systemParole system• Services to paroleesServices to parolees• Services to probationersServices to probationers• Offender labourOffender labour

FACILITIES PROCUREMENT AND FACILITIES PROCUREMENT AND MANAGEMENTMANAGEMENT

• IJS Facility planningIJS Facility planning• Facilities procurementFacilities procurement• Facilities managementFacilities management

HUMAN REOUSRCES MANAGEMENTHUMAN REOUSRCES MANAGEMENT• Human resource provisioningHuman resource provisioning• EquityEquity• Human Resource DevelopmentHuman Resource Development• Career ManagementCareer Management

GOVERNANCE AND ADMINISTRATIONGOVERNANCE AND ADMINISTRATION• Power and Functions of the Executing Power and Functions of the Executing

AuthorityAuthority• Powers and Functions of the CommissionerPowers and Functions of the Commissioner• Good Governance (Service Evaluation) Good Governance (Service Evaluation) • Roles and responsibilities of Judicial Roles and responsibilities of Judicial

InspectorateInspectorate

• Roles and responsibilities of National Roles and responsibilities of National Council for Correctional Services Council for Correctional Services

• Roles and responsibilities of social Roles and responsibilities of social partnerspartners

PROJECT PLANPROJECT PLAN

• Conduct situation analysis to determine any policy Conduct situation analysis to determine any policy gapsgaps

• Compile framework of Green/White PaperCompile framework of Green/White Paper• Consult with internal stakeholdersConsult with internal stakeholders• Consult with external stakeholdersConsult with external stakeholders• Compile final draft Green Paper & submit Compile final draft Green Paper & submit

recommendations & approvalrecommendations & approval• Approval of Green PaperApproval of Green Paper• Public HearingsPublic Hearings• Popularise Green PaperPopularise Green Paper• Start writing of White PaperStart writing of White Paper• Submit White Paper for ApprovalSubmit White Paper for Approval• Legislative Review Process (if necessary)Legislative Review Process (if necessary)

CONCLUSIONCONCLUSION

• Entire White Paper needs to be Entire White Paper needs to be completely overhauled. completely overhauled.

• 1994 White Paper was a transitionary 1994 White Paper was a transitionary document - an immediate response to document - an immediate response to new post 1994 democracynew post 1994 democracy

• Has been bypassed by policy Has been bypassed by policy development in Constitution, development in Constitution, Correctional Services Act, & DCS policy.Correctional Services Act, & DCS policy.

   

 

WHITE PAPERLEGISLATION

SUBORDINATEPOLICIES

REGULATIONS STRATEGIC PLAN

B ORDER

OPERATIONAL PLANSACTIVITY PLANS

BUSINESS PROCESSES

A ORDER PROGRAMMES

SYSTEMS

STRUCTUREVISION & MISSION

SERVICEDELIVERY 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 CONSULTATIO

N 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