Judicial Inspectorate of Prisons Office of the Inspecting Judge

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Contents of the report. Chapter One: State of our prisonsChapter Two: Managing prisoner numbersChapter Three: Mandatory reportsChapter Four: JIOPChapter Five: Expanding needs. Foreword by the Inspecting Judge of Prisons. ?The experience of South Africa and of all people everywhere has taught th

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Judicial Inspectorate of Prisons Office of the Inspecting Judge

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1. Judicial Inspectorate of Prisons Office of the Inspecting Judge Annual Report 2006/2007 Prisoners and Prisons

2. Contents of the report Chapter One: State of our prisons Chapter Two: Managing prisoner numbers Chapter Three: Mandatory reports Chapter Four: JIOP Chapter Five: Expanding needs

3. Foreword by the Inspecting Judge of Prisons “The experience of South Africa and of all people everywhere has taught that in order for the rights and freedoms embodied in constitutions to be realized, they must become a part of everyday reality of citizens’ lives, and the institutions protecting them must be deeply entrenched.” Nelson R Mandela (1998)

4. Chapter One: State of our prisons Transforming our correctional system Protection stipulated in the Constitution (Act 108 of 1996) Renaming from Prison Service to Correctional Services Demilitarization - 1 April 1996 Greater representation in staff Private prisons (1997) Increased funding – allocation of resources.

6. State of our prisons (continue) The need for prison oversight “The establishment of the JIOP must be viewed against the background of the new Correctional Services Act as a whole, which provides for the introduction of radical and far-reaching changes in our correctional system and seeks to give effect to the Bill of Rights in the Constitution, Act 108 of 1996, and in particular its provisions with regard to prisoners” Overview of correctional facilities

7. Correctional facilities

8. National Inspection Audit Inspected 99.2% of all prisons during period Feb/April 2007. Audit of IPV performance Gather information about prison conditions and the treatment of prisoners Methodology used included structured interviews with HOP, perusal of documents and physical observations. Also received information form DCS MIS system and IPVs who during 2006 spent a total of 99 633 hours visiting prisons and interviewing prisoners.

9. General findings “The more we study the major problems of our time, the more we come to realize that they cannot be understood in isolation. They are systemic problems, which mean that they are interconnected and interdependent” Systemic problems: Approach to safe custody Focus on security Accommodation Admissions Nutrition Hygiene

10. Systemic problems (continue) Clothing and bedding Lack of rehabilitation programmes Shortage of staff Health care Mental ill prisoners/patients Contact with the community Children in prisons Females, Mothers and babies

11. Systemic problems – Focus areas Focus on security. Current blanket focus on security at the cost of rehabilitation is a cause of concern. Accommodation. Critical levels of overcrowding. Admissions. Testing for contagious and communicable diseases. Searching of newly admitted prisoners. Lack of rehabilitation programmes. Only about 11% of sentenced prisoners involved in formal programmes. Shortage of staff.

13. Chapter Two: Managing prisoner numbers

14. Unsentenced prisoner population

16. Unsentenced prisoners Plea bargaining and guilty pleas Seasonality of unsentenced prisoner numbers.

17. Turnover rate:

18. Sentenced prisoners # Length of sentences # Security classifications # Correctional supervision and Parole Boards

21. Chapter Three: Mandatory Reports Deaths in prisons Solitary confinement Segregations Mechanical Restraints

22. Deaths in prison

23. Time spend in prison before death

24. Chapter Four: Judicial Inspectorate of Prisons Statutory Mandate: “To facilitate the inspection of prisons in order that the Inspecting Judge may report on the treatment of prisoners in prisons and on conditions in prisons” Vision: “To ensure that all prisoners are detained under humane conditions, treated with human dignity and prepared for a dignified reintegration into the community.”

25. Need to restructure Received various reports – criticized the JIOP for “Dealing only with prison overcrowding” This was confirmed with discussions with role-players. Strategic session – directed our focus to service delivery. Decision to establish “Viable Business Units” Prison oversight for the community by the community. Strengthen organization at “grass root” level.

29. Conclusion Due appreciation is given to the Ministry, the Management, officials of DCS and the many stakeholders and individuals that assisted in the JIOP. I am particularly grateful to my predecessor, Mr. Justice J J Fagan, for the support and encouragement. THE END.

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