CORRECTIONAL SERVICES AMENDMENT BILL, B8 - 2001 I BACKGROUND 1. The Correctional Services Act, 1998 (Act No. 111 of 1998) was assented to by the President on 19 November 1998. 2. It also called for a total new structure of subordinate legislation. (Regulations and Orders). CP Amendment Bill, 2001

5. The source of the amendments are therefor: 3. Implementation of the Correctional Supervision and Parole Boards presented difficulties. 4. The regulatory framework of the new Act was drafted during 1999. The State Law Advisers proposed amendments to the Act emanating from the regulations. 5. The source of the amendments are therefor: CP Amendment Bill, 2001

(b) Comments by the State Law Advisors. (a) The amendment of the provisions relating to the Correctional Supervision and Parole Boards. (b) Comments by the State Law Advisors. II. DISCUSSION A. Correctional Supervision and Parole Boards (Clauses 27+28) CP Amendment Bill, 2001

i). Members of the Departments of Justice and i) Members of the Departments of Justice and SAPS are removed as well as 1 member of DCS. ii) Boards may however co-opt officials of SAPS and Justice who will then have voting rights. iii) The Commissioner of DCS, SAPS, the DG of Justice and the NDPP will determine a schedule of offences and terms of sentence of which the Boards must advise Justice and the SAPS of, two months in advance of a Board sitting with the purpose to obtain recommendations as to the granting of Parole or Correctional Supervision in a specific case. CP Amendment Bill, 2001

B. Amendments relating to comments by the State Law Advisers i) Clause 1: “Amenities” described in full in stead of in regulations. “Authorised Official” to assist Head of Prison in disciplinary hearings. “Disability” to be in line with Promotion of Equality and the Prevention of Unfair Discrimination Act. CP Amendment Bill, 2001

ii). Clause 2:. Deals with the powers of the ii) Clause 2: Deals with the powers of the Commissioner in terms of human resource matters and to stipulate that he/she may also remunerate and discipline officials and also to add the applicability of the Public Services Act to such matters, including clarifying the position as to the entering into collective agreements with employee organisations on Departmental level. CP Amendment Bill, 2001

iii). Clause 4:. Authorises the Minister not only iii) Clause 4: Authorises the Minister not only to establish prisons but also to classify them. iv) Clause 5: Adds the rationale for the compulsory medical examination of a prisoner on admission. v) Clause 6: To provide for accommodation in single cells which is not isolation or segregation and the separate detention of prisoners if there is a possibility that their association may defeat the ends of justice. CP Amendment Bill, 2001

vi) Clause 7: Provides for an upper limit between meals of 6,5 hours. vii) Clause 9: Inserted to be disability and gender sensitive so as not to discriminate. viii) Clause 12: Inserts the concept of “authorised official” to assist the Head of Prison in disciplinary hearings and also to provided for legal representation and procedures at disciplinary hearings. CP Amendment Bill, 2001

x) Clause 17: Prescribes conditions under which force may be used. ix) Clause 16: Prescribing the circumstances of using mechanical restraints devices. x) Clause 17: Prescribes conditions under which force may be used. xi) Clause 18: Prescribes conditions under which non-lethal incapacitating devices may be used. xii) Clause 19: Prescribes conditions under which fire-arms may be used. CP Amendment Bill, 2001

xiii). Clause 20:. Inserts provisions as to the labour xiii) Clause 20: Inserts provisions as to the labour by sentenced children. xiv) Clause 25: Authorises the Commissioner to return a parolee/probationer to the community if there is a valid reason for not complying with his/her conditions of community corrections. xv) Clause 29: Removes the duty to look into corrupt and dishonest practices from the Judicial Inspectorate. CP Amendment Bill, 2001

xvi). Clause 30:. Empowers the Inspecting Judge xvi) Clause 30: Empowers the Inspecting Judge to regulate administrative affairs of his/her staff. xvii) Clause 32: Add the duty to investigate corrupt and dishonest practices to the Internal Service Evaluation component of the Department. xviii) Clause 35: Deals with the property of a deceased or escaped prisoner. CP Amendment Bill, 2001

xx) Clause 40: Transitional provisions. ixx) Clause 39: This section is extended to cover matters on which the Minister may make regulations and the Commissioner orders. xx) Clause 40: Transitional provisions. C. Grammatical/Drafting/Technical Amendments Clauses 1; 3; 8; 10; 11; 13; 14; 15; 21; 23; 24; 26; 33; 34; 36 and 38 deal with above-mentioned issues. CP Amendment Bill, 2001