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CORRECTIONAL SERVICES REGULATIONS

CORRECTIONAL SERVICES REGULATIONS. I BACKGROUND Act III of 1998 was assented to 27 November 1998 The Act requires subordinate legislation. Section 134(5) requires submission to the Committees in both houses Submission not for approval but

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CORRECTIONAL SERVICES REGULATIONS

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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

  2. Section 134(5) requires submission to the Committees in both houses • Submission not for approval but for recommendations – doctrine of ultra vires • Regulations were drafted on the same structure as the Act 2

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

  9. 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. 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 • Procedures for use of teargas • 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. 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. 25) • Composition • Procedures • 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 orderand 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 for 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) Searching of correctional officials (Reg. 40) (40) Refusal of admission to a prison (Reg. 41) • In case of obstruction forcibly removed 33

  34. (41) Access to prison (Reg. 42) • Healthcare workers • Environmental health officers • Persons with statutory inspecting authority 34

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