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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 for recommendations –

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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 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. 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 • 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. 24) • 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 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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