Are Early Releases a Solution to Prison Overcrowding?
(Published in The Sowetan, 15 July 2003)
An early release of certain categories of offenders as a solution to the overcrowding
problem is likely to create controversy. This is understandable given high
crime levels and the poor feelings of safety that result from it. It is however
becoming increasingly clear that locking people up does not solve the problem
of crime but could even exacerbate it. The result is that even more people
are locked away, thus putting a strain on the capacity and effective management
of prisons.
The growing prison population is the most important influence on the outputs
and budget of the Department of Correctional Services. At least 60% of the
budget is spent on incarceration and administration. The department has estimated
an increase of 225 600 prisoners by 2004/5, which is likely to have serious
budgetary implications. Currently there are just over 33 000 people employed
by the department to manage at least 180 000 prisoners in cells designed to
accommodate about 110 000 people.
As of early this year a number of prisons were populated by well over 200%.
Durban Medium C prison in KwaZulu-Natal is overpopulated by 364%, Umtata Medium
prison the Eastern Cape by 342% and Johannesburg Medium B prison in Gauteng
Province by 292%. The increase in prison population requires increased capacity
and new ways of managing prisoners.
The department has identified various projects aimed at reducing overcrowding,
thereby reducing casualties and communicable diseases and assisting in the
rehabilitation of offenders. These include:
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Introducing a restorative justice approach.
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Enhancing rehabilitation strategies.
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Improving community corrections.
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Introducing unit management.
Notwithstanding the above, and despite increased capacity in the department,
the problem of overcrowding will require more drastic measures. This is due
to the fact that workload in Correctional Services is increasing faster than
capacity.
One of the department’s plans is to build more prisons. Two privately
run prisons have been built, in Mangaung in the Free State and in Louis Trichardt
in the Northern Province. In addition, four new state-owned prisons will be
completed over the next two years to increase prison accommodation. These planned
state prisons together with the two privately run prisons will house over 12
000 prisoners – yet they will not even provide a quarter of the accommodation
that is currently needed.
Because prisons are expensive to build and take long to complete, there are
other legislative processes that can be utilised in the meantime. These are
however, the responsibility of the justice department and the judiciary in
particular.
For instance, overcrowding could be reversed if the courts were more flexible
and innovative when attending to cases. There are several offences, such as
urinating or drinking in public, that do not necessarily require a sentence
of imprisonment. For such offences, and many others, there are a number of
statutory provisions that allow magistrates to use alternative punishments
in order to reduce the inflow of prisoners. These include:
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Use of non-custodial sentences such as monetary compensation for
the victim, community service, and submitting to treatment.
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Correctional supervision.
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Placement of juveniles in the custody of a suitable person (a parent
or guardian).
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Suspension of sentences.
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Discharge with a reprimand.
The office of the Inspecting Judge and the Department of Correctional Services
have undertaken another important development in an attempt to reduce overcrowding.
In September 2000, 8 451 unsentenced prisoners who were liable for a bail amount
of R1 000 or less were released to ease overcrowding. During November of the
same year the National Council of Correctional Services recommended an advancement
of parole to be granted to all prisoners excluding aggressive and sexual offenders.
As a result of this recommendation 3 000 prisoners were released.
To this day 20 000 awaiting trial prisoners were granted bail by the courts.
The fact that they were granted bail implies that the courts believe they pose
no danger to the community upon their release. It is this category of prisoners
that has been identified for early release from prison in order to help reduce
overcrowding. This does not mean that their cases are withdrawn, but simply
that they need not remain in prison where they exacerbate overcrowding. They
will await trial outside as do many other accused who can afford to pay bail.
The office of the Inspecting Judge and the Department of Correctional Services
have managed the release of more than 10 000 prisoners since 1999. Last year,
on application by the head of Pollsmoor maximum prison, 198 awaiting trial
prisoners were released in terms of the newly inserted section 63a of the Criminal
Procedure Act, 51 of 1977.
It is a fact, that early releases and non-custodial measures are likely to
trigger a huge outcry among the South African public. However the fact of the
matter is that overcrowding in South African prisons is stretching the resources
(personnel, accommodation and finances) making it difficult for the department
to carry out its constitutional mandate. Under present conditions rehabilitation
and reintegration programmes remain a pipedream and perceptions of prisons
as “Universities of crime” are likely to remain.
Makubetse Sekhonyane
Senior Researcher, Institute for Security Studies
