PLACEMENT ON PAROLE AND CORRECTIONAL SUPERVISION: HOW THE PROCESS AFFECTS THE OFFENDER

Transcription

1 Page 1 of 16 PLACEMENT ON PAROLE AND CORRECTIONAL SUPERVISION: HOW THE PROCESS AFFECTS THE OFFENDER Contents 1. WHY CAN OFFENDERS BE PLACED OUT (RELEASED) BEFORE THEY HAVE SERVED THEIR FULL SENTENCES? WHAT IS A PAROLE? WHAT IS CORRECTIONAL SUPERVISION? WHAT IS THE PURPOSE OF IMPRISONMENT? WHAT IS THE PURPOSE OF PLACEMENT ON PAROLE OR CORRECTIONAL SUPERVISION? WHEN WILL AN OFFENDER QUALIFY TO BE CONSIDERED FOR PAROLE? MUST AN OFFENDER APPLY FOR PAROLE? WHAT INFLUENCE DOES THE ALLOCATION OF CREDITS HAVE ON THE PLACEMENT DATE IF THE OFFENDER WAS SENTENCED BEFORE 1 OCTOBER WHAT ARE AN OFFENDER S RESPONSIBILITIES WITH REGARD TO IMPROVING CHANCES OF BEING GRANTED PAROLE WHAT PROGRAMMES MUST AN OFFENDER COMPLETE BEFORE BEING CONSIDERED FOR PAROLE? WHAT IF THE NECESSARY PROGRAMMES ARE NOT PRESENTED AT THE CORRECTIONAL CENTRE WHERE THE OFFENDER IS BEING INCARCERATED? WHO IS THE PAROLE BOARD AND WHAT DECISIONS CAN THEY TAKE? WHAT PROCESS DOES THE PAROLE BOARD FOLLOW AND WHAT CAN AN OFFENDER EXPECT DURING THE MEETING? WHAT IF THE OFFENDER OR ANY OTHER PARTY IS NOT SATISFIED WITH THE DECISION OF THE PAROLE BOARD? IMPLICATIONS OF PAROLE PLACEMENT APPLICATION BY OFFENDERS FOR REDUCTION OF SENTENCES CONVERSION OF A SENTENCE OF IMPRISONMENT INTO CORRECTIONAL SUPERVISION WHAT IS SPECIAL REMISSION OF SENTENCE (AMNESTY)? HOW DOES SPECIAL REMISSION OF SENTENCE DIFFER FROM PARDON/ CLEMENCY? WHEN CAN MEDICAL PAROLE BE CONSIDERED AND HOW DOES IT WORK? WE HAVE A FAMILY MEMBER/ FRIEND INCARCERATED. HOW CAN WE SUPPORT HIM/HER? COMPARATIVE TABLE OF VARIOUS MINIMUM PERIODS TO BE SERVED BEFORE PLACEMENT MAY TAKE PLACE... 13

2 Page 2 of WHY CAN OFFENDERS BE PLACED OUT (RELEASED) BEFORE THEY HAVE SERVED THEIR FULL SENTENCES? The Department of Correctional Services, as part of the Criminal Justice Cluster, is entrusted for dealing responsibly with all offenders in its charge for the duration of their sentence. An inseparable part of this responsibility is to ensure that the offender is returned to the community in a responsible manner and at the most appropriate stage of his/her sentence. This has to be done not only in the offender s own interest but also in the interest of the State and the community. Placement on Parole/ under Correctional Supervision basically implies that: An offender has the opportunity to complete the remainder of his/her sentence under supervision and in controlled circumstances within the Community; It forms part of the total rehabilitation programme in correcting offending behaviour; It is an incentive for continuous good behaviour and substantial proof of rehabilitation It is regarded as an aid to the social re-integration of the offender; It is a mechanism to manage the risk the offender may pose to the community. Section 73 of the Correctional Services Act, 111 of 1998 determines that an offender must serve his/ her full sentence. However, section 73 also states that a person can serve part of the sentence in the system of community corrections. There are basically 2 ways in which part of the sentence can be served in the system of Community Corrections (conditional placement). The most well-known is Parole and the other is Correctional Supervision. In both instances a minimum period (prescribed in section 73) must be served where after the remainder of the sentence can be served in the system of community corrections, provided that the person is found a suitable candidate for placement into community corrections. A person placed into Community Corrections must comply with specific set conditions and will be subjected to supervision by an official of the DCS until the sentence expires. Such a person may be arrested and returned to a correctional centre to serve the remainder of the sentence should any of the set conditions be violated. The mere fact that an offender is eligible for placement on parole/ under correctional supervision, however, does not mean that conditional placement will be granted automatically. Placement on Parole/ under Correctional Supervision is not a right an offender can lay claim to it has to be earned. However, a sentenced offender has a legitimate expectation to be considered for conditional placement and in the process to be dealt with in a fair and proper manner in line with the generally accepted principles of administrative law 2. WHAT IS A PAROLE? Parole is a manner of placement whereby an offender, subject to completion of a minimum period of sentence inside the correctional centre and subject to certain criteria being met, may be allowed to serve a part of his/ her sentence in the community. A person placed out on parole will be placed under strict conditions and under the supervision of a parole/ probation

3 Page 3 of 16 officer and will remain under supervision in the community until the sentence is completed in full. If he/she transgresses any of these conditions, he/she may be arrested and returned to a correctional centre to serve the remainder of the sentence. 3. WHAT IS CORRECTIONAL SUPERVISION? Correctional Supervision is an alternative sentencing option utilized by the Court which may be imposed in terms of the provisions of Criminal Procedure Act No, 51 of 1977, and is regarded as a community based sentence. Basically there are four types of Correctional Supervision. The first is a sentence imposed in terms of section 276(1) (h) of the Criminal Procedure Act where a court sentences a person directly to correctional supervision without the person having to enter a correctional centre. The second is where a person is sentenced to imprisonment in terms of section 276(1) (i) of the Criminal Procedure Act and where the Parole Board may place the offender under correctional supervision after one sixth of the sentence has been served. The third variant is where a person has been sentenced in terms of section 287 (4) (a) of the Criminal Procedure Act to 5 years imprisonment or less with the option of a fine. Such an offender may be placed under correctional supervision as soon as possible after admission subject to certain conditions provided that the court did not impose a restriction on the placement. The fourth variant is a conversion of sentence in terms of section 276A(3)(a) of the Criminbal Procedure Act, where the Parole Board on recommendation by the CMC may approach the court that imposed the sentence to have an offender sentence converted into Correctional Supervision. In such a case an offender has to serve at least ¼ of the sentence bearing in mind that the remaining part of the sentence may not be more than five years. In principle there is no real difference between parole placement and correctional supervision in terms of the manner of serving the sentence in the system of community corrections. In both instances the placement conditions may include house arrest, community service, compulsory attendance of programmes, restrictions regarding alcohol usage, etc. 4. WHAT IS THE PURPOSE OF IMPRISONMENT? Before we can look at placement, it is important to understand the reasons why a person is sentenced to imprisonment. Correction or rehabilitation of the offender is but one of the goals. Generally the following are also reasons why persons are removed from society and send to correctional centres: to deter the offender from offending again by punishment or fear of punishment (without necessarily changing him or her in any other way); to deter others from behaving as the offender has/ committing crimes; to incapacitate the offender and thus deprive him or her of the opportunity to offend again for a given period of time;

4 Page 4 of 16 to forestall personal vengeance by those hurt by the offender; to exact retribution from the offender and so set right the scales of moral justice; to educate people morally or socially; to rehabilitate or reform the offender The test for positive parole consideration will be based on considering these goals and to determine the extent they have been met. 5. WHAT IS THE PURPOSE OF PLACEMENT ON PAROLE OR CORRECTIONAL SUPERVISION? The primary purpose of the correctional system is to enforce the sentences of the courts which remain valid until they expire. This does not necessarily imply that an entire sentence of imprisonment must be served in the Correctional Centre. Part of the sentence may be served in the community under the supervision of officials of the Department of Correctional Services. This implies that: An offender has the opportunity to complete the remainder of his/her sentence under supervision and in controlled circumstances within the Community; Parole/ Correctional Supervision forms part of the total rehabilitation programme in correcting offending behaviour; It is an incentive for continuous good behaviour and substantial proof of rehabilitation It is regarded as an aid to facilitate the social re-integration of the offender back into the community; It is a mechanism to manage the risk the offender may pose to the community. 6. WHEN WILL AN OFFENDER QUALIFY TO BE CONSIDERED FOR PAROLE? In principle legislation makes provision that all sentenced offenders qualify to be considered for possible parole placement after they have served a specified minimum period of detention. This is an automatic process which occurs once you have served the prescribed minimum detention period. Section 73 and 136 of the Correctional Services Act, No 111 of 1998 determines the minimum periods of sentence that must be served before consideration may be given to possible placement. If you do not have access to the Act or do not understand which is applicable to your case, you may ask that the Case Management Committee explain the specifics regarding your sentence and minimum detention periods to you. A summary of the relevant consideration provisions is attached at the end of this document. 7. MUST AN OFFENDER APPLY FOR PAROLE? An offender does not have to apply for parole. Approximately 6 months before an offender completes the minimum detention period, the Case Management Committee (CMC) will

5 Page 5 of 16 activate the process. This is an automatic process which means that an offender does not have to apply to be considered for parole. The CMC compiles a report (G326 of Parole Profile Report) as is prescribed by Section 42 of the Correctional Services Act, No 111 of 1998 which deals with a number of issues. After the CMC has compiled the G326, they will have a meeting where the offender will be present and where he/ she will be informed of their recommendation to the Parole Board. The CMC will then submit this G326 together with their recommendation to the Parole Board who will schedule a meeting to consider the offender s possible placement on parole or under correctional supervision. The offender will be afforded the opportunity to and make a representation on the recommendation of the CMC which the offender may submit or present to the Parole Board in person. 8. WHAT INFLUENCE DOES THE ALLOCATION OF CREDITS HAVE ON THE PLACEMENT DATE IF THE OFFENDER WAS SENTENCED BEFORE 1 OCTOBER 2004 Section 136 of the Act stipulates that all offenders in the system prior to the enactment of the new Act on 1 October 2004 must be dealt with in accordance with the release policy applicable before the enactment of the Correctional Services Act, No 111 of In addition, maximum credits must be allocated to all those sentenced before 1 October This implies that an offender has to be considered for possible placement as soon as he/ she has completed the minimum detention period. For those serving determinate sentences consideration will take place once ⅓ of sentence has been served; Habitual Criminals once 7 years has been served and in the case of a lifer upon completion of 13 years and 4 months. Again it needs to be stressed, that consideration does not mean automatically approval of parole 9. WHAT ARE AN OFFENDER S RESPONSIBILITIES WITH REGARD TO IMPROVING CHANCES OF BEING GRANTED PAROLE Apart from the goals of imprisonment which have to be met, the development/ rehabilitation of an offender is of utmost importance when considering parole. The granting of parole is not a right which an offender can claim but must be earned. Rehabilitation is not achieved by the mere completion of a few programmes and seeing a social worker. In order for offenders to improve their chances of being granted parole the following are some practical guidelines which an offender should follow/ take note of when improving his/ her chances of getting parole: A. Rehabilitation starts from within and an offender must take responsibility for the crime that was committed: An offender must accept that the committing of the crime was WRONG,

6 Page 6 of 16 An offender must assess the negative impact which the crime had on other persons, specifically the victim and the community in general, Assess and acknowledge the reasons for committing the offence and establishing ways in which these reasons could be eliminated/ addressed, Understand and take responsibility for the consequences of the offending behaviour on the offender s family, etc. B. Offenders must take responsibility for their own rehabilitation/ development: Must actively take part in the assessment, the development of the sentence plan and the implementation of the sentence plan, Must attend programmes and strive to meet the objectives of the programmes, Participate in Educational Programmes and improve qualifications, Acquire new skills which may assist in obtaining employment on release Participate in work programmes work allocation. Offender must perform work diligently and responsibly C. Offenders must give full cooperation to all correctional officials and must refrain from negative influences: Don t commit disciplinary or further criminal offences, Refrain from being involved in gangs, Follow instructions/ request from Correctional Officials, Show respect to officials and fellow inmates, Make sure that the cell and section is clean offenders must not wait for correctional officials to ask them to clean the section/ environment. Offenders must take pride in their environment and be pro-active to ensure clean and healthy living conditions, Do not lie around unconstructively idle around. Become actively involved in the correctional environment e.g. participation in choirs, sporting activities, religious activities, etc. D. Offenders must take responsibility for their own future and provide evidence that they are willing and able to reintegrate back into society: At some stage in the future all offenders will be released and must then go back to the community, often the one against whom they offended. Offenders must prepare themselves for reintegration into the community: Become involved in victim offender mediation programmes (Restorative Justice) Work on interpersonal skills and especially parenting and relationship management skills which will assist in strengthening family ties. Establish good communication and strengthen relationships with family and friends as they will form the basis of the support system on release. Offenders must be prepared to give something positive back to the community to demonstrate willingness to try and repair the damage the offence has caused, e.g. become involved in community structures (link-up), support groups, volunteer groups, skills transfer, etc. Try to obtain commitments for employment. At the end of the day it is the responsibility of an offender to demonstrate that he/ she have grown in person, that he/ she has developed themselves further and

7 Page 7 of 16 that they can and are willing to make a positive contribution on placement/ release. 10. WHAT PROGRAMMES MUST AN OFFENDER COMPLETE BEFORE BEING CONSIDERED FOR PAROLE? An individual correctional sentence plan will be developed soon after assessment which will deal with individual needs as well as requirements by the Department. This sentence plan will focus inter alia on addressing offending behaviour but may also deal with social and psychological programmes. The offender s progress will be assessed regularly by the Case Management Committee and if necessary, the sentence plan may be amended. Programmes listed in the sentence plan will have to be completed although there may be grounds for deviation. It is important that an offender take personal responsibility for rehabilitation and therefore make sure that he/ she completes the required programmes at least before reaching the minimum detention date. Offenders are encouraged to discuss any uncertainty or alternatives with their case officers/ unit managers or the Case Management Committee. 11. WHAT IF THE NECESSARY PROGRAMMES ARE NOT PRESENTED AT THE CORRECTIONAL CENTRE WHERE THE OFFENDER IS BEING INCARCERATED? If the required programmes are not presented at the correctional centre where the offender is being detained, he/ she may be transferred to another correctional centre where the programmes are presented. In such a case an offender must make sure that his/ her name is on the list for transfer and follow-up regularly. 12. WHO IS THE PAROLE BOARD AND WHAT DECISIONS CAN THEY TAKE? The Parole Board is established in terms of section 75 of the Correctional Services Act, 111 of 1998 and consists of a number of members from the community, a member from the DCS and may also co-opt members from the SAPS and the Department of Justice. A quorum of the Parole Board is three members one of which must be the chairperson or the vice chairperson.

8 Page 8 of 16 With some exceptions, the Parole Board may approve an offender s placement on parole or under correctional supervision. The Parole Board may also request that a further profile report be submitted to them at a later stage and in exceptional cases may also refuse parole 13. WHAT PROCESS DOES THE PAROLE BOARD FOLLOW AND WHAT CAN AN OFFENDER EXPECT DURING THE MEETING? The report as submitted by the Case Management Committee will be deliberated on the day of the sitting. The Board will also consider the representation submitted by the offender and the inputs from the complainant/ victim, SAPS and the Department of Justice (if any). During the proceedings the offender will be afforded the opportunity to make representations to the Board on the recommendation made by the CMC and the representation (if any) submitted by a complainant. The Board may put questions to to the offender at any stage of the proceeding in order to clarify any issue which may have an influence on their decision e.g. progress with rehabilitation programs, any problems experienced etc. The offender is present during the presentation of the case, but when the Board enters into deliberations, all non-board members (offender, family, victim, etc) must leave the proceedings. The Board will then deliberate the case and come to a decision. Once the Board has reached a decision the offender is informed accordingly. If for some reason the offender is not present at the Board meeting the CMC will inform him/ her accordingly. 14. WHAT IF THE OFFENDER OR ANY OTHER PARTY IS NOT SATISFIED WITH THE DECISION OF THE PAROLE BOARD? The Correctional Services Act is clear that a decision of the Parole Board is final. However, the Minister or the Commissioner may refer any decision of a Parole Board to the Correctional Supervision and Parole Review Board (Review Board). The Review Board will either confirm the decision of the Parole Board or take any other decision as they see fit which the Parole Board aught to have taken. The offender, or any other affected party cannot refer a matter to the Review Board directly if not satisfied with the decision of the Parole Board. However, any affected party may after providing properly motivated grounds for possible review, request the National Commissioner; Inspecting Judge or Minister to consider the matter for subsequent referral to the Review Board. In such an instance the Minister/ National Commissioner or

9 Page 9 of 16 Inspecting Judge may decline the request. If an affected party is still not satisfied with the decision they are free to approach a Court of Law with a motion application for possible relief. 15. IMPLICATIONS OF PAROLE PLACEMENT The Department of Correctional Services will ensure that effective control is exercised over offenders placed on parole / day parole / correctional supervision by means of specific conditions that are set. An offender must accept the conditions of such placement in writing prior to placement. If they refuse to accept the conditions, conditional placement will not be granted by the Board. Section 52 of the Correctional Services Act, 1998 (Act 111 of 1998) inter alia stipulates that the following conditions for placement can be set by the CSPB s: House detention Does community service Seeks employment Takes up and remains in employment Victim compensation (payment if court ordered so) Participation in treatment, development and support programmes Participation in mediation between victim and offender or in family group conferencing Financial contributions towards community corrections Restriction to one or more magisterial districts Resides at a fixed address Refrains from using or abusing alcohol or drugs Refrains from visiting a particular place Refrains from making contact with a particular person(s) Refrains from threatening a particular person(s) by word or action In case of a child, subject to additional conditions may be set. On the day the offender is placed on parole or correctional supervision he/ she will be transferred to the Community Corrections Office where a Correctional Official will be allocated for purposes of supervision and monitoring. Should the offender violate or not comply with the set conditions he/ she may be arrested and returned to the Correctional Centre to complete the remaining period of the sentence. 16. APPLICATION BY OFFENDERS FOR REDUCTION OF SENTENCES There is a vast difference between the responsibility of the Judiciary and that of the Department of Correctional Services. While the Judiciary is responsible for the imposing of sentences within a prescribed framework, the Department of Correctional Services is inter alia responsible to enforce sentences of the court in a manner prescribed by the Correctional Services Act, Act 111 of Section 39 of the same act describes the

10 Page 10 of 16 commencement, computation and termination of sentences. However, the Act does not make provision for the Minister nor the Commissioner to reduce a sentence. It would therefore serve no purpose to write to either the Minister or the Commissioner to request a reduction of sentence. Where an offender is not satisfied with the sentence imposed for what ever reason they should make use of their legal remedies to settle the matter with the Judiciary. 17. CONVERSION OF A SENTENCE OF IMPRISONMENT INTO CORRECTIONAL SUPERVISION. In terms of Section 276(A)(3)(a) of the Criminal Procedure Act, the Parole Board may approach the court that imposed the sentence to have an offender sentence converted into Correctional Supervision, if the sentence is not more than five (5) years, or the remaining part of the sentence left is not more than five years. Such an offender however has to serve at least ¼ of the sentence bearing in mind that the remaining part of the sentence may not be more than five years. The CMC will automatically evaluate such cases and make a recommendation to the Parole Board regarding the possible conversion of the sentence should they find proper reason/ motivation. If the CMC do not recommend conversion of sentence they will not submit any documents to the Parole Board and the matter will be regarded as finalised. If they do find the offender a suitable candidate for conversion they will submit the relevant documentation and motivation to the CSPB. It has however to be borne in mind that the CSPB have to convince the court in such a case that the offender is a candidate for conversion of sentence into Correctional Supervision and for that reason they need to have additional evidence which have not served before the court previously. It must always be kept in mind that the presiding officer has taken the option of Correctional Supervision as a possible sentence in consideration and did not find it a suitable option at that time. The offender s adaptation in general and response to the correctional environment during the time incarcerated will assist the CMC/ Parole Board to come to a positive recommendation in this regard. 18. WHAT IS SPECIAL REMISSION OF SENTENCE (AMNESTY)? The granting of Special Remission of Sentence (also sometimes referred to as amnesty) is the prerogative of the President vested to him in terms of the Constitution (Section 84 of the Constitution, Act 108 of 1996) which makes provision for the pardoning or reprieving offenders and remitting any fines, penalties or forfeitures and is usually allocated on special occasions/events. Special remission of sentence is a sentence reduction which boils down to the remitting of part of a sentence. The terms and conditions are determined by the President and the Department of Correctional Services must comply with the administrative steps as specified in the presidential decree.

11 19. HOW DOES SPECIAL REMISSION OF SENTENCE DIFFER FROM PARDON/ CLEMENCY? Page 11 of 16 In terms of our Constitution, the President may also pardon/ give clemency to certain offenders. Pardon or clemency means the forgiveness of a crime or the cancellation (in whole or in part) of the penalty associated with it. A reprieve is the temporary postponement of punishment. Today, pardons are granted in many countries when individuals have demonstrated that they have fulfilled their debt to society, or are otherwise considered to be deserving. Clemency played a very important role in the past when capital punishment was still applied and the President replaced the death sentence with a lesser sentence. Pardons and clemency are administrated by the Department of Justice and Constitutional Development 20. WHEN CAN MEDICAL PAROLE BE CONSIDERED AND HOW DOES IT WORK? Section 79 of the Correctional Services Act makes provision for possible placement on medical parole. As from 1 March 2012, medical parole has been expanded to also include cases where an offender is suffering from a terminal disease or condition or if an offender is rendered physically incapacitated as a result of injury, disease or illness so as to severely limit daily activity or inmate self-care. In the normal course of events, a medical practitioner will identify offenders who might qualify for possible medical parole. An offender or family may also apply for medical parole but any such application must be recommended by a medical practitioner before it will be submitted to s decision maker. The medical practitioner will do a thorough assessment of an offender s medical condition and if in his opinion the physical of medical condition warrants consideration of medical parole, such an application will be submitted to a Medical Advisory Board which was constituted by the Minister. Only after the Medical Advisory Board has recommended medical parole, the application will be submitted to the Case Management Committee who will then make a recommendation to the relevant decision maker. Should medical parole be approved, the offender will be placed into the system of Community Corrections subject to monitoring by officials of the DCS and subject to specific set conditions (See Question 15 above). Medical Parole can only be revoked if an offender does not comply with the placement conditions. Improved medical health will not be a ground to cancel medical parole.

12 21. WE HAVE A FAMILY MEMBER/ FRIEND INCARCERATED. HOW CAN WE SUPPORT HIM/HER? Page 12 of 16 To be incarcerated is not only traumatic for the offender but also places a lot of strain on the family and friends on the outside. The offender is however deprived of movement and contact with family and friends are limited. Offenders may find it extremely difficult to accept this deprivation of liberty especially in the beginning of the sentence. It is very important to continue with visiting and writing to the offender as frequently as possible. Provide moral support and encourage him/ her to participate in all possible programmes. Encourage them to improve qualifications and learn new skills. Assist with providing a support system which would be available on his/ her release form the correctional centre. If possible, also try to assist with obtaining suitable employment when placed out on parole. Feel free to discuss matters of concern with the Head of the Correctional Centre and request to be informed about progress with the sentence plan which is aimed at dealing with offending behaviour and offering appropriate programmes.

13 Page 13 of COMPARATIVE TABLE OF VARIOUS MINIMUM PERIODS TO BE SERVED BEFORE PLACEMENT MAY TAKE PLACE Sentence Act 8 of 1959 Sentenced before 1 October 2004 Determinate sentence: Section 276(1)(b) of the Criminal Procedure Act: cumulative sentence of more than 24 months. ⅓ of sentence (after maximum credits have been allocated) Act 111 of 1998 Sentenced as from 1 October 2004: The Correctional Matters Amendment Act 5 of 2011 has been incorporated. After completion of ½ (half) of sentence or accumulative sentences. A court may set a non-parole period of not more than ⅔ (two thirds) of the sentence [Section 276B(1) of the Criminal Procedure Act, 51 of 1977]. However, day parole or parole must be considered on completion of 25 years of the sentence or accumulative sentences. [Section 73(6)] If an offender is 65 years or older and has served more than 15 years placement on day parole or parole must be considered only those declared dangerous criminals in terms of section 286A of the Criminal Procedure Act are excluded. [Section 73(6)(b)((vi)] Determinate sentence: Section 276(1)(b) of the Criminal Procedure Act: cumulative sentence of 24 months or less. ⅓ (one third) of sentence [Maximum credits have been allocated in terms of Section 136(2)]. After completion of ¼ (one quarter) of sentence or cumulative sentence or if a court has set a non parole period [Section 276B(1) of the Criminal Procedure Act, 51 of 1977], the non parole period, which may not exceed ⅔ (two thirds) of the sentence. [Section 73(6)(aA)] Corrective training. 2 years These stipulations have been scrapped as the sentence option is not available anymore and no offenders are currently serving such sentences. [Section 73(6)(b)(ii)] Prevention of crime. 4 years These stipulations have been scrapped as the sentence option is not available anymore and no offenders are currently serving such sentences. [Section 73(6)(b)(iii)] Life incarceration. After completion of 13 years and 4 months (Maximum credits have been allocated as per the Van Wyk judgement After completion of 25 years. If offender is 65 years or older and has completed 15 years of the sentence placement on day parole or parole must be considered.

14 (Van Wyk v Minister of Correctional Services, 15 July 2011). [Section 73(6)(b)((iv)] Page 14 of 16 Sentenced under Section 51/ 52 of the Criminal Law Amendment Act. Habitual criminal. Dangerous criminals Section 286A of the CPA. 276(1)(i) of the CPA. 287(4)(a) Fine with alternative of Incarceration of not more than 5 years correctional After completion of ⅓ (one third) of sentence (Maximum credits have been allocated in terms of section 136). 7 years may not be placed out on parole for a period of more than 3 years. The total period of incarceration plus the parole period may not exceed 15 years. Referral back to court seven days prior to completion of the period as determined by the court. After completion of ⅙ of sentence unless the court has directed otherwise. As soon as possible except if the court has directed otherwise After completion of ½ (half) of sentence or accumulative sentences. A court may set a non-parole period of not more than ⅔ (two thirds) of the sentence. However day parole or parole must be considered on completion of 25 years of the sentence or accumulative sentences. [Section 73(6)(a)] If an offender is 65 years or older and has served more than 15 years placement on day parole or parole must be considered only those declared dangerous criminals in terms of section 286A of the Criminal Procedure Act are excluded. [Section 73(6)(b)((vi)] After completion of 7 years. The length of such a sentence is deemed to be 15 years. [Section 73(6)(c)] Any determinate sentence of incarceration to be served by any person runs concurrently with a sentence of imprisonment to be served by such person in consequence of a person being declared a habitual criminal: Provided that where the determinate sentence is longer than 15 years or where such sentence is imposed after a person is declared a habitual criminal, the balance of such determinate sentence must be served after the term of 15 years has been completed. [Section 39(2)(a)] Referral back to court within seven days after completion of the period as determined by the court or after having served 25 years, whichever is the shortest. [Section 73(6)(d)] After completion of ⅙ (one sixth) of sentence unless the court has directed otherwise. [Section 73(7)(a)] As soon as possible except if the court has directed otherwise [Section 73(7)(b)]

15 supervision. 287(4)(b) Fine with alternative of Incarceration of more than 5 years referral back to court for consideration. 276A(3)(a) referral to Court for conversion of sentence persons sentenced to incarceration for a definite period in terms of section 276(1)(b) of the Criminal Procedure Act. Cancellation of parole: G306 issued. ¼ of sentence not more than 5 years before expiry of sentence. After completion of ¼ of sentence not more than 5 years before earliest consideration (5 years before minimum detention). A decision by the Head of the Correctional Centre or the Parole Board, as the case may be, to cancel day parole, parole, medical parole or placement under correctional supervision must be taken within 14 days after the Head of Community Corrections has issued a G306 which recommends the cancellation of placement. Failing to take the decision within 14 days will render the G306 invalid which implies that the offender must be placed back into the system of community corrections. [Section 75(2)(a)] A further profile date may be set for any date according to developmental or other requirements as determined by the reasons for violation of Page 15 of 16 After completion of ¼ (one quarter) of sentence a recommendation may be made to a court for possible conversion, except if the court has directed otherwise. In such a case the remainder of the sentence until sentence expiry date may not exceed 5 years. [Section 73(7)(c)] After completion of ¼ (one quarter) of sentence a recommendation may be made to a court for possible conversion, except if the court has directed otherwise.. In such a case the remainder of the sentence until sentence expiry date may not exceed 5 years. [Section 73(7)(d) and (e)] A case can only be submitted to the Parole Board for consideration and referral to the Court if the CMC has made a positive recommendation. A decision by the Head of the Correctional Centre or the Parole Board, as the case may be, to cancel day parole, parole, medical parole or placement under correctional supervision must be taken within 14 days after the Head of Community Corrections has issued a G306 which recommends the cancellation of placement. Failing to take the decision within 14 days will render the G306 invalid which implies that the offender must be placed back into the system of community corrections. [Section 75(2)(a)] A further profile date may be set for any date according to developmental or other requirements as determined by the reasons for violation of conditions.(the minimum detention period has already been served before original placement on parole) this is only applicable to sentence/s which offender served when he/ she was placed out on parole. The further profile date should not exceed 12 months. Additional sentences must be dealt with according to the minimum detention period of the specific additional sentence as specified in section 73.

16 conditions.(minimum has been served before original placement on parole) this is only applicable to sentence/s which offender served when he/ she was placed out on parole. The further profile date should not exceed 12 months. Page 16 of 16 Medical parole Additional sentences must be dealt with according to the minimum detention period of the specific additional sentence as specified in section 73. No minimum period has to be served. Medical Practitioner must recommend placement on medical parole No minimum period has to be served. The decision for placement on medical parole can only be taken if medical parole has been recommended by of the Medical Advisory Board. [Section 79(3)(a)] This is applicable to all sentenced offenders irrespective of the date of sentence.