South Africa: High Number of Adults Serving in Community Corrections - Research Paper

Introduction

South Africa is one of the countries that have the highest number of adults under community supervision. Among these populations, there are those serving in parole and others on probation. The increased number of individuals in the system of community corrections is as a result of the sentencing policies in the country that have since seen the increased imprisonment rate (Mujuzi, 2011). As a result, the increased rates of the offenders have been transferred to community corrections. Due to the increasing population on parole and probation, the community supervision of these violators is complex and has led to an increased rate of absconding. Much of the prior research has focused on the probation or parole revocation because of criminal recidivism, but little has been done in terms of absconders of community corrections supervision. Several reasons are attributed to this increasing absconding, such as a change in the purposes of community supervision, high caseloads for probation and parole, shifting the types of offenders on parole and probation, and the increased of improved technology to detect violators. Therefore, there is an increased need to reduce the rate of absconding in the system of community corrections by putting relevant measures in place. The current paper focuses on the management and prevention of absconding in the system of community corrections from the South African perspective.

Is your time best spent reading someone else’s essay? Get a 100% original essay FROM A CERTIFIED WRITER!

Save 25%

Purpose

Though, there is a substantive number of prior studies on probation and parole violations, a reasonably large volume has focused on the technical violations and revocation because of criminal recidivism. The aspect of absconding the correctional process has received less attention, with only a handful number of scholars devoting towards the offenders who abscond from the community corrections supervision (Mayzer et al. 2004). The absconders continue to fail to report to their parole or probation officer, making it hard to identify their whereabouts as the number continues to go up. Though there is no proof that absconding is influenced by the desire to engage in criminal activities or behaviors, the incidents pose some risks in cases where they involve in crimes, such as murder or rape. When such things happen, they cause a lot of public outrage and may create an undue influence on criminal justice policies. The purpose of this study, therefore, is to develop a tool on how to manage and prevent absconding in the system of community corrections. By achieving this purpose, the study will assist the department of correctional services in addressing the absconding problem that undermines the Department of Correctional Services (DCS) rehabilitation and reintegration of parolees and probationers.

Definition of Absconding and Causes

In the system of community corrections, absconding is defined as the conduct of a person to fail to comply with the probation or parole process include not reporting to the probation officer when such a person is under the parole or probation supervision (Mayzer et al. 2004). Absconding has become a severe issue of concern in South Africa. Currently, there are many backlogs of outstanding absconder warrants, which is troublesome and embarrassing for many parole and probation agencies (Denman et al. 2017). This has resulted in the institution of policies and procedures to locate, apprehend, transport, and sanction the absconders. Absconding occurs when the offender fails to report or appears to have left the assigned area without authority, and this may prompt the search for the offender.

Absconding occurs because of multiple causes. The increased number of absconding cases is related to the growth in the probation and parole population under the community corrections. If the population on the parole and probation increases, it means that many of these people would violate the rules of probation. The initial cause of absconding is because of the change in the purposes of community supervision. Initially, the purpose of community supervision was to support treatment, which later declined. The emphasis for probation by the administrators was based on the control and punishment to build political support for the community corrections by portraying it as a sentencing option that was meant to protect the public and ensure that offenders are punished (Denman et al. 2017). As part of the control-oriented supervision, the authorities have widely implemented strategies, such as drug-use testing, intensive supervision, risk screening, and electronic monitoring, at the same time applying the community-based punishments. These changes have seen the agencies shift the mission at the line level leading to absconding of the community corrections.

Absconding is also associated with the increase in probation and parole caseloads. The populations on parole and probation have continued to increase, and this has also seen the number of individuals in the system of community corrections increase. However, even as this happens, the number of probation and parole officers continues to grow at a slower rate compared to offenders. This has led to the increased number of average caseloads per probation officer which affects the time an officer spends with a parolee. The focus has shifted generally on the enforcement of the rule and to those individual offenders who have the trouble to follow the rules. The outcome of it all is that the available probation and parole officers spend much of their time on the procedures for revocation and other functions while having little time to supervise the offenders on community corrections. The other individuals under community corrections will have an opportunity to abscond.

More causes of absconding are related to the increased number of conditions that the parolees and probationers need to obey, improved detection process, and the changes in the types of offenders on probation and parole. On the increased number of conditions for parolees and probationers, the majority of them believe that because judges have more sentencing options, the number of conditions attached to probation terms also increase. Instead of facing standard probation of one year, the offender may be ordered to perform the community service for 200hrs. Sometimes they are meant to pay some amount in restitution and attend an outpatient drug treatment program during the supervision year (Muntingh, 2006). This increased number of conditions gives the offenders more chances to violate the rules of community correction supervision and abscond.

Violation of Conditions

Offenders who are subjected to the system of community corrections under probation and parole are only free from jail if they follow the rules given to them. This means that what keeps them out of jail is following the conditions of probation. However, there are cases where individuals under probation may violate the conditions set for them when under probation and parole during the community corrections. Violation of probation conditions means an offense that occurs when an individual breaks the terms or conditions of the probation (Mayzer et al. 2004). In South Africa, the punishment for violation of conditions depends on many factors, including the seriousness and the nature of the breach. Also, the history of any prior offenses and the presence of circumstances that reduce the severity of the situation is important.

In the South African perspective, the violation of the probation conditions will not necessarily lead one to serve the original sentence or go jail. This will depend on the type of violation, whether minor or major violations. The minor violation involves activities that affect the conditions of the probation though they may not affect or make someone fail to complete the probation or parole. Such violations include drinking a small glass of wine, skipping a meeting with your probation officer, failing a urine test, or associating with people that you are told to not associate with during the community correction period (Stevens-Martin and Liu, 2017). Such violations are minor and often may be dismissed by the probation officer or a judge at your probation violation hearing (Stevens-Martin and Liu, 2017). Other actions amounting to major violations are the failure to pay required fines or restitution, possessing illegal drugs either for use or sale, and committing additional offenses during the probation period (Stevens-Martin and Liu, 2017).

Background on Absconding

From 1990 to 2000, there was an increase in the persons in the system of community corrections of 80%, which represents the change from about 300,000 to about 500,000 (Muntingh, 2010). The growth was, however, coupled with other changes, such as the adoption of control-oriented supervision strategies. In the year 2014 alone, South Africa, the Department of Correctional Services in the probation and parole division supervised over 11,000 individuals working in community corrections (DeMichele and Payne, 2009). In 1998, about 60% of those people in the prisons represented those who had violated the conditions and terms of community corrections, and therefore, their parole or probation revoked (DeMichele and Payne, 2009). An investigation into the revocation of the probation revealed that most of the individuals serving jail terms had absconded the community corrections. Some have failed more than the desecrated period until the authority had to take action against the same. The number of revocation of those on parole and probation seems to increase as more people continue to abscond reporting to probation officers and the authorities in place. The substantial numbers of not less than 30% of those occupying prisons in the country have had their terms revoked after they failed to report to administrators what amounts to absconding as required of them (Muntingh, 2012).

Incidents by Absconders Mostly in Serious Crimes

Absconders are circumventing justice and pose a lot of risk to the safety of the public, especially those that are involved in serious crimes. Generally, the risk profiles presented by the absconders are not favorable based on the prior felonies they committed, such as being more misdemeanors and having a younger age. They also exhibit violation behaviors, which renders them as potential risk people in the community and its safety. They exhibit behaviors such as alcohol and drug use and cannot be monitored by the courts (Stevens-Martin and Liu, 2017). It is not easy to tell the types of criminal activities of absconders unless they are apprehended for such crimes, and their location is often accidental.

The absconders would often be involved in drugs, which include its use and selling to the public, which as well poses the danger of destroying the community, especially young people. Some use alcohol substances, which derail the development in the community and the subject the young people to harmful activities that may pose a danger to the community, such as rate and committing other offenses (Stevens-Martin and Liu, 2017). The absconders are also associated with incidents, such as theft, which include the properties that do not belong to them as well as fraud issues that are a risk in society. Some absconders engage in violent and sexual offenses to higher rates that endanger the community should they continue the same. Absconders who have been involved in serious crimes such as theft and drug use are most likely to commit similar offenses.

Implementation of Section 61 of ACT 111

The South African Correctional Services Act No. 111 of 1998 provides for a correctional system that includes the establishment, functions, and the control of the Department of Correctional Services. The act offers abou...