A complete and comprehensive summary of the exam work for Section A. These notes were compiled using the textbook, lecture notes, study outcomes, as well as the penology reader.
Parole
The release and conditional placement of an offender into the community after serving the prescribed minimum
detention period of his / her sentence in a correctional centre.
○ Parolees:
- Inmates who qualify for parole.
- Complete their sentence under supervision of the community corrections office from the Department of
Correctional Services (DCS).
Under supervision until full sentence / parole period expires.
○ Purpose of parole system:
- Reward offenders for compliance with their sentence plan.
- Promote offender rehabilitation.
○ Minimum periods of imprisonment:
- Applicable for all sentenced after 2004.
- Must be served before being considered for parole.
L Whichever is the shorter period:
≈ ½ of the sentence / non-parole period as specified by the
Determinate sentences
court.
≈ 25 years of the sentence.
L After serving 25 years.
Life imprisonment L If an offender is 65 years or older + has completed 15 years of the
sentence (must be considered for parole).
Persons declared to be habitual criminals L After serving at least 7 years.
L Whichever is the shorter period:
≈ Referral back to court within 7 days after completion of the
Dangerous criminals
period as determined by the court.
≈ After having 25 years.
Scheduled offences in terms of the L After 80% of the sentence.
Criminal Law Amendment Act 105 of 1977 L Court may rule that only 2 thirds of the sentence need be served.
○ Correctional Supervision (CS) and Parole Boards (PB’s)
- Charged with placement of each offender.
- 52 of these boards in the country.
- Made up of:
Chairperson and vice-chairperson – members in the community.
1 Member from the DCS nominated as secretary.
2 Members of the community.
1 Representative of SAPS
1 Representative from the Department of Justice (DOJ)
○ Case Management Committees (CMC’s)
- Responsible for recommendations in connection with the placement of the offenders.
- Placement – done on set dates + based on number of factors:
(Employment history, crime history, family and marital history, educational level)
L Comments made by the magistrate or judge. L Reports provided by vocational personnel who
L Nature, seriousness, or circumstances of the provide sills / job training.
crime. L Comments and reports from non-government
L Length of the sentence. organisations.
L Age of the offender and the victim(s) L Information from victims
L Crime pattern and rate of committing crime. L Support system within the community.
L Post sentence factors L Restorative justice.
≈ Any criminal offence committed while L Manifestation of remorse and insight into causes
incarcerated + any disciplinary offence during of their criminal conduct.
first quarter of the sentence. L Treatment and rehabilitation programmes
L Conduct and adaption during incarceration. attended.
- New parole release policy allows victim to have a say in parole conditions.
Allows victim empowerment as basic right of the victim,
Criminal Procedure Act 51 of 1977 – makes provision for victims to attend a CS and PB hearing /
make written representations to the board.
Victims may also ask certain stipulations to be included in the offender’s parole conditions.
○ Parole Conditions:
- DCS ensures proper management of offenders by using specific parole conditions.
- Parole conditions are set and supervised by the local Community Corrections office.
- All offenders are subject to certain standard parole conditions.
- Conditions:
The offender will be under the control and supervision of the DCS until the expiry date of the
sentence.
The offender may not change their residential address / employer without the prior approval of the
Head of Community Corrections.
The offender may not commit an offence.
The person may not make known or publish information relating to the offence unless the
information was admissible as evidence during the hearing.
The offender must accept and comply with the set of conditions for parole and with supervisory
measures.
The offender must render a free community service.
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