1 CORRECTIONAL SERVICES REGULATIONS I BACKGROUND Act III of 1998 was assented to 27 November 1998 ...

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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 – doctrine of ultra vires Regulations were drafted on the same structure as the Act

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II CHAPTER 1 – DEFINITIONS

Deals with definitions - Only the terminology not already defined in the Act

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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

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Communicable/contagious diseases

Medical assistance devices and medicines, emergency identification measures

(2) Accommodation (Reg. 3) Sleeping single/communal – general/inpatient

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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

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Separation in terms of:

Males and females Prescriptions as to locks and doors Security separation Children/Adults Health status separation

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(3) Nutrition (Reg. 4) Diet prescribes protein and energy

content Diet prescribes major food groups Prescribes preparation/storage of

food.

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(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

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(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

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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

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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

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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

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(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)

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(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

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(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

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

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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

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(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

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(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

(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

(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

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CHAPTER III SENTENCED PRISONERS

(21) Classification (Reg. 22) According to security risk/ treatment/training Recording duty Period of sentence Contact with family Reclassify

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(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

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(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

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CHAPTER IV UNSENTENCED PRISONERS

(25) GENERAL (Reg. 26) Must perform duties to

maintain good order and cleanliness

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CHAPTER VCOMMUNITY CORRECTIONS

(26) Supervision Committee (Reg. 27) Composition

(27) Monitoring (Reg. 28) Electronic devices described No risk to health In residence

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CHAPTER VIRELEASE AND PLACEMENT

(28) Length and form of sentence(Reg. 29)

Periodical imprisonment conditions thereof

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CHAPTER VIIINTERNAL SERVICE

EVALUATION

(29) Departmental inspectors, investigators and auditors (Reg. 30)

Appointment Area of jurisdiction Powers of access/search/seize

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CHAPTER VIIIHUMAN RESOURCE

MATTERS

(30) Work facilities (Reg. 31) Provision of housing on prison premises

(31) Work hours (Reg. 32) Determined by Commissioner

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(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

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(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

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(38) Departmental canteens (Reg. 39) Committee For whose benefit

(39) Access to Prisons (Reg. 40)

(40) Delegation (Reg. 41) Commissioner may delegate.

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