terminally ill offenders under stringent conditions
13 September 2006
The Department of Correctional Services is seriously considering the release
of terminally ill offenders on strict medical parole conditions that do not
compromise the safety and security of victims and the general public.
This came out of the briefing by the Department to the National Council of
Province's Select Committee on Justice, Safety and Security, today. This has
been strongly supported and recommended by parliamentarians in the committee
who are of the view that it should be strictly and stringently applied so that
it does not benefit those who have a potential of re�offending if they
recover.
The department intends to ensure that offenders who are declared terminally
ill and whose life expectancy has been determined are able to die in a
dignified manner.
This is in line with the Correctional Services Act 111 of 1998 which says
that "Any person serving any sentence in a prison and who, based on the written
evidence of the medical practitioner treating that person, is diagnosed as
being in the final phase of any terminal disease or condition may be considered
for placement under correctional supervision or parole, by the Commissioner,
Correctional Supervision and Parole Board or the court, as the case may be, to
die a consolatory and dignified death".
The department has committed itself to ensure that offenders who qualify for
medical parole have been strictly assessed by a medical practitioner and
confirmed by a second opinion, as to whether the offender is in the final phase
of their life expectancy. This process which involves the Case Management
Committees and Correctional Supervision and Parole Boards will balance the
protection of the community with the medical condition and life expectancy of
the offenders. One of the conditions for such medical parole is the
availability of care and family support for qualifying offenders and this would
include referrals to hospices.
Whilst on medical parole, the offenders will be subjected to monitoring by
community corrections officials to determine the next course of action, should
the offender's medical condition improve whilst on parole. The department is to
set up mechanisms and systems to prevent the risk of recommitting of crimes,
especially by sexual and aggressive offenders once they have recovered after
being released on medical parole.
It is against this backdrop that the department re-emphasises that this is
definitely going to a very stringent process aimed at ensuring that only the
deserving offenders whose life expectancy has been determined, will be
considered. It is not going to be a free for all and wily�nily process.
Enquires:
Luphumzo Kebeni
Tel: (021) 462 2338
Cell: 082 453 2244
Issued by: Department of Correctional Services
13 September 2006
