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1 CORRECTIONAL SERVICES REGULATIONS I BACKGROUND  Act III of 1998 was assented to 27 November 1998  The Act requires subordinate legislation.

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Presentation on theme: "1 CORRECTIONAL SERVICES REGULATIONS I BACKGROUND  Act III of 1998 was assented to 27 November 1998  The Act requires subordinate legislation."— Presentation transcript:

1 1 CORRECTIONAL SERVICES REGULATIONS I BACKGROUND  Act III of 1998 was assented to 27 November 1998  The Act requires subordinate legislation

2  Section 134(5) requires submission to the Committees in both houses  Submission for recommendations – doctrine of ultra vires  Regulations were drafted on the same structure as the Act 2 CORR SERV REG 2003MP

3 II CHAPTER 1 – DEFINITIONS  Deals with definitions - Only the terminology not already defined in the Act 3

4 III CHAPTER II – CUSTODY OF ALL PRISONERS UNDER CONDITIONS OF HUMAN DIGNITY (1)Admission to prison (Reg. 2)  Safekeeping of the possessions of prisoners  Bath/Shower  Medical examination  Health status 4

5  Communicable/contagious diseases  Medical assistance devices and medicines, emergency identification measures (2) Accommodation (Reg. 3)  Sleeping single/communal – general/inpatient 5

6 Sufficient:  Floor and cubic capacity  Properly ventilated  Properly lighted  Proper ablution facilities  Hot and cold water  Partitioned off ablution facilities in communal accommodation  Proper beds/bedding in accordance with climatic conditions 6

7  Separation in terms of:  Males and females  Prescriptions as to locks and doors  Security separation  Children/Adults  Health status separation 7

8 (3) Nutrition (Reg. 4)  Diet prescribes protein and energy content  Diet prescribes major food groups  Prescribes preparation/storage of food. 8

9 (4) Clothing and bedding (Reg. 5)  Sentenced prisoners must wear prescribed dress  Unsentenced may use own or be issued with dress different to sentenced prisoners  May wear religious/cultural attire (5) Exercise (Reg. 6)  Certification by medical officer 9

10 (6) Health Care (Reg. 7)  Primary health care be available  Medical officer and dental practitioners should be available  Sick prisoners be visited once per day  Provisions as to own medical practitioner 10 `

11  Duty to inform spouse, next-of-kin etc. In case of hospitalisation  No medical/scientific experimentation  Organ donation subject to Human Tissue Act  Sterilisation and abortion for medical reasons  Inspections on environmental health conditions 11

12  Injury whilst in detention  Cases under Mental Health Act to be transferred to an institution (7) Contact with community (Reg. 8)  HOP to attend to development of family relationships  Important information regarding family matters to be conveyed 12

13  Admission/Transfer family to be informed  Communications may be scrutinised if:  Security of prison is jeopardised  Safety of a person is jeopardised  Criminal offence is planned  Must be least restrictive means  Prisoner must be informed 13

14 (8) Death in prison (Reg. 9)  Record and report  Burial by DCS or family  Transportation of deceased in certain circumstances by DCS (9) Development and Support Services (Reg. 10)  Services to be rendered by qualified person  Services must be available (Services : Social Work, Education and Training and Psychological) 14

15 (10) Recreation (Reg. 11)  Facilities as prescribed by order (11) Access to legal advice (Reg. 12)  May consult legal practitioner:  Proof of identity  Between 08h00 and 15h30  In sight out of earshot  Interpreter, secretary/typist allowed 15

16 (12) Reading Material (Reg. 13)  Library at prison where practicable  May receive reading material  CO may inspect envelope/ package  HOP may prohibit publication, video, etc. if:  Security of prison/Safety of prisoner is threatened 16

17  Undermine personal dignity/ cause humiliation on basis of race, gender etc.  Legal documents not to be censored (13) Discipline Formal (Reg. 14)  Timeframe within 14 days with 7 days notice 17

18  Provides for a case presenter  Proceedings to be recorded  On balance of probabilities  Attendance of witnesses  False statements under oath (14) Safe Custody (Reg. 15)  Measures to be determined by Commissioner  Protection against abuse/curiosity 18

19 (15) Searches (Reg. 16)  Searches in terms of Section 27 (b), (c), (d) and (e) to be undertaken in hospital or such facility:  No vomitories/enemas  Be detained in single cell (e)  Visited daily by HOP  Health assessment every 4 hours 19

20 (16) Identification (Reg. 17)  Particulars to be recorded  Fingerprints/photographs be taken (17) Mechanical restraints (Reg. 18)  Types listed  Transport stun belt only to be used outside cell 20

21 (18) Non-lethal incapacitating devices (Reg. 19)  Types listed  Procedures for use of teargas (19) Firearms (Reg. 20)  Reporting duty  Loading of firearms according to training instructions  Adhere to general safety measures 21

22 (20) Other weapons (Reg. 21)  Use restricted for purposes of Sections 33(3) and 34  Must be trained  Recording duty  Pyrotechnical only by Emergency Support team 22

23 CHAPTER III SENTENCED PRISONERS (21) Classification (Reg. 22)  According to security risk/ treatment/training  Recording duty  Period of sentence  Contact with family  Reclassify 23

24 (22) Labour (Reg. 23)  Protective clothing/footwear etc.  Contract with institutions/ persons for labor of prisoners  Products may be sold  Not more then 8 hours per day Sunday/Religious days  Work not in conflict with religion or culture 24

25 (23) Case Management Committee (Reg. 24)  Composition  Procedures (24) Location and transfer (Reg. 25)  Advance reasons/representation by prisoner  Audi rule ex post facto if for security reasons  Medical files/medication  Educational/Training needs to be considered 25

26 CHAPTER IV UNSENTENCED PRISONERS (25) GENERAL (Reg. 26)  Must perform duties to maintain good order and cleanliness 26

27 CHAPTER V COMMUNITY CORRECTIONS (26) Supervision Committee (Reg. 27)  Composition (27) Monitoring (Reg. 28)  Electronic devices described  No risk to health  In residence 27

28 CHAPTER VI RELEASE AND PLACEMENT (28) Length and form of sentence (Reg. 29)  Periodical imprisonment conditions thereof 28

29 CHAPTER VII INTERNAL SERVICE EVALUATION (29) Departmental inspectors, investigators and auditors (Reg. 30)  Appointment  Area of jurisdiction  Powers of access/search/seize 29

30 CHAPTER VIII HUMAN RESOURCE MATTERS (30) Work facilities (Reg. 31)  Provision of housing on prison premises (31) Work hours (Reg. 32)  Determined by Commissioner 30

31 (32) Discipline (Reg. 33)  Resolution 2/2001 (33) Emergency work (Reg. 34)  May be required to perform (34) Medical examination (Reg. 35)  To ascertain medical unfitness (35) Medical Board Proceedings (Reg. 36)  Provides for medical unfitness 31

32 (36) Leave (Reg. 37)  Different categories (37) Facilities fund (Reg. 38)  Board of Trustees  Purpose:  Promotion of grants and loans  Clubs for sport and recreation  Holiday resorts  Study and research 32

33 (38) Departmental canteens (Reg. 39)  Committee  For whose benefit (39) Access to Prisons (Reg. 40) (40) Delegation (Reg. 41) Commissioner may delegate. 33 CORR SERV REG 2003MP


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