Recently, the public’s interest has been sparked by resurfacing of the well-known trial of Oscar Pistorius. Particularly, the various forms of early release from prison, specifically parole, or in special cases, a presidential pardon.
Role of Parole
In understanding parole, one must be aware of the three types of parole provided in the South African Correctional Services Act of 1998. Namely, ‘medical parole’, ‘day parole’, and ‘full parole’. On a case-by-case basis, it is The Parole Board and the Correctional Supervisors who ultimately decide if the applicant is indeed eligible for parole.
Medical parole can be granted to any offender (in any prison) who has provided sufficient evidence in the form of express writing from the medical practitioner responsible for treating the Offender. Evidence should substantiate the patient’s claim to final stages of terminal illness. During medical parole, the Offender will leave the prison, but will be put under observation while they seek treatment or in some cases, prepare for their passing.
Reintegrating offenders to the outside world
On the other hand, the Offender is granted ‘day parole’ to be ‘gently’ reintroduced into society, which enables them to acclimatise to societal changes; seek redemption for their previous wrong doings, and possibly seek employment in the event of their release. The Offender remains under close observation and need to adhere to certain conditions to maintain their parole.
The conditions of said parole may include, but are not limited to, the imposition of a curfew; regulation of movement; restriction of firearm possession and association with specific people (i.e., known criminal associates) and drug testing. After a the daytime, the Offender is returned to the prison. Unlike ‘day parole’, Offenders who have been granted ‘full parole’ will not return to their prison unless they have violated the terms of their conditional release.
Conditions to qualify for parole
It is important to note that to qualify for parole, the Offender must meet certain criteria. The offender with and without stipulated periods, for which they will not be eligible for parole, must already have served a minimum duration of their sentence which may vary depending on the severity of the sentence. Serious offenders must serve at least four fifths or twenty-five years (whichever is smaller) of their sentence and must display remorse and good behaviour in their prison. Less severe offenders will be required to serve a lesser period of at least half of their sentence or more.
In addition to this, the parole board and correctional supervision will consider the nature of the offence; the duration of the sentence; the evolution of the law; the Offender’s age and posed level of threat to society amongst other things when making the assessment.
Family members, or people with special interest, may provide testimony or any evidence to the Parole board to support the case of the offender in their case. Ultimately the decision rests with the Minister of Correctional Services unless the sentence was below 24 months, in which case the decision rests with the manager of the prison. Once the Offender has been granted parole, they will complete the remainder of their sentence under observation.