Correctional Matters Amendment Act
The Department must carry out correctional-system functions, act as far as practicable on a self-sufficient, business-like basis, do the work needed for effective management, and manage remand detainees.
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- Act 5 of 2011
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The Department must carry out correctional-system functions, act as far as practicable on a self-sufficient, business-like basis, do the work needed for effective management, and manage remand detainees. The Minister may, by notice in the Gazette, establish and review correctional centres and remand detention facilities. Such facilities may serve one or more districts, and if no such facility exists in a district, an inmate may be held in a police cell for up to seven days a month unless the National Commissioner authorises longer. This section amends Section 10 of the principal Act by deleting subsection (2). Remand detainees are entitled to opportunities and facilities to prepare their defence. This provision amends section 38 of the principal Act by revising two items and adding two new items to subsection (1).
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Provisions of Correctional Matters Amendment Act
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- 2 Verify source ↗
Section 3 of the principal Act is hereby amended by the substitution for subsection
The Department must carry out correctional-system functions, act as far as practicable on a self-sufficient, business-like basis, do the work needed for effective management, and manage remand detainees.
2. Section 3 of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection: "(2) The Department must- fulfil the purpose of the correctional system in terms of this Act; (a) (b) as far as practicable, be self-sufficient and operate according to business 25 principles; Iandi (c) perform all work necessary for its effective management; and (d) manage remand detainees.". Amendment of section 5 of Act Ill of 1998, as amended by section 4 of Act 32 of 30 2001 and section 4 of Act 25 of 2008 - 3 Verify source ↗
Section 5 of the principal Act is hereby amended-
The Minister may, by notice in the Gazette, establish and review correctional centres and remand detention facilities. Such facilities may serve one or more districts, and if no such facility exists in a district, an inmate may be held in a police cell for up to seven days a month unless the National Commissioner authorises longer.
3. Section 5 of the principal Act is hereby amended- (a) by the substitution in subsection (I) for the words preceding paragraph (a) of the following words: ''The Minister may by notice in the Ga:::ette) establish and review the 35 establishment of correctional centres and remand detention facilities for-": and (b) by the substitution for subsection (2) of the following subsection: "(2) (u) Any correctional centre or remand detention facility established under subsection (1) may serve one or more districts as 40 circumstances may require, and for the purposes of any law relating to magistrates' courts any correctional centre or remand detention facility established to serve more than one district is deemed to be the correctional centre or remand detention facility of each district served by that correctional centre or remand detention facility. 45 (b) If there is no correctional centre or remand detention facility in a district an inmate may be detained in a police cell but not for a period longer than seven days Ia month unless a longer period is authorised by the National Commissioner].". 6 No. 34315 Act No. 5 or20 11 GOVERNMENT GAZETTE, 25 MAY 2011 CORRECTIONAL MATTERS AMENDMENT ACT, 2011 Amendment of section 10 of Act 111 of 1998 - 4 Verify source ↗
Section 10 of the principal Act is hereby amended by the deletion of subsection (2).
This section amends Section 10 of the principal Act by deleting subsection (2).
4. Section 10 of the principal Act is hereby amended by the deletion of subsection (2). Amendment of section 17 of Act 111 of 1998, as amended by section 3 of Act 25 of 2008 - 5 Verify source ↗
Section 17 of the principal Act is hereby amended by the substitution for subsection
Remand detainees are entitled to opportunities and facilities to prepare their defence.
5. Section 17 of the principal Act is hereby amended by the substitution for subsection 5 (4) of the following subsection: "(4) (Persons awaiting trial or sentence] Remand detainees must be provided with the opportunities and facilities to prepare their defence.". Amendment of section 38 of Act 111 of 1998, as amended by section 30 of Act 25 of 2008 10 - 6 Verify source ↗
Section 38 of the principal Act is hereby amended-
This provision amends section 38 of the principal Act by revising two items and adding two new items to subsection (1).
6. Section 38 of the principal Act is hereby amended- ( a) by the substitution in subsection (I) for paragraph (h) of the following paragraph: "(h) allocation to a specific correctional centre; [and]"; (b) by the substitution in subsection (1) for paragraph (i} of the following 15 paragraph: "(i) needs regarding reintegration into the community~"; and (c) by the addition in subsection (1) after paragraph (i} of the following paragraphs: "(j) restorative justice requirements; and (k) vulnerability to sexual violence and exploitation.". 20 Amendment of section 39 of Act 111 of 1998, as amended by section 31 of Act 25 of 2008 - 7 Verify source ↗
Section 39 of the principal Act is hereby amended-
This amendment changes how multiple incarceration sentences are served and when sentence expiry is postponed after escape, extradition, absconding, or unlawful discharge.
7. Section 39 of the principal Act is hereby amended- ( a) by the substitution in subsection (2) for paragraph (a) of the following 25 paragraph: "(a} Subject to the provisions of paragraph (b), a person who receives more than one sentence of incarceration or receives additional sentences while serving a term of incarceration, must serve each such sentence, the one after the expiration, setting aside or remission of the other, in such 30 order as the National Commissioner may detennine, unless the court specifically directs otherwise~ or unless the court directs such sentences shall run concurrently but- (i) any determinate sentence of incarceration to be served by any person runs concurrently with a life sentence or with a sentence of 35 incarceration to be served by such person in consequince of being declared I an habitual criminal orJ a dangerous criminal; (ii) one or more life sentences and one or more sentences to be served in consequence of a person being declared !an habitual criminal or] a dangerous criminal also run concurrently; (and] 40 (iii) no placement or release of a dangerous criminal may take place other than in terms of section 286B of the Criminal Procedure Act; and (iv) any detetminate sentence of incarceration to be served by any person runs concurrently with a sentence of imprisonment to be 45 served by such person in consequence of a person being declared a habitual criminal: Provided that where the determinate sentence is longer than 15 years or where such sentence is imposed after a person is declared a habitual criminal, the balance of such determinate sentence must be served after the term of 15 years has 50 been completed."; and (b) by the substitution for subsection (3) of the following subscclion: "(3) The date of expiry of any sentence of incarceration being served by a sentenced offender who cscapt..:s from lawful custody or is extradited in terms of the Extradition Act, 1962 (Act No. 67 of 1962), and returns to 55 the Republic or who absconds from the system of community corrections 8 No.34315 Act No.5 of 2011 GOVERNMENT GAZETTE, 25 MAY 2011 CORRECTIONAL MATTERS AMENDMENT ACT, 2011 or who is unlawfully discharged is postponed by the period by which such sentence was interrupted.". Amendment of section 42 of Act Ill of 1998, as amended by section 22 of Act 32 of 2001 and substituted by section 34 of Act 25 of 2008 - 8 Verify source ↗
Section 42 of the principal Act is hereby amended by the substitution in subsection
This section amends a paragraph to require submission of a report and supporting documents to the Correctional Supervision and Parole Board.
8. Section 42 of the principal Act is hereby amended by the substitution in subsection 5 (2) for paragraph (d) of the following paragraph: "(d) submit a report, together with the relevant documents, to the Correctional Supervision and Parole Board rcgarding- (i) (ii) (iii) (iv) (v) the offence or offences for which the sentenced offender is serving a term of incarceration together with the judgment on the merits and 10 any remarks made by the court in question at the time of the imposition of sentence if made available to the Department; the previous criminal record of such offender; the conduct, disciplinary record, adaptation, training, aptitude, industry, physical and mental state of such offender; the likelihood of a relapse into crime, the risk posed to the community and the manner in which this risk can be reduced; [a sentenced offender who has been declared a habitual criminal which indicates that- (aa) there is a reasonable probability that such an offender will 20 in future abstain from crime and lead a useful and industrious life; or 15 (bb) such an offender is no longer capable of engaging in crime; or (cc) for any other reason, it is desirable to place such an 25 offender on parole! the assessment results and the progress with regard to the correctional sentence plan contemplated in section 38; (vi) (vii) (viii) (ix) (x) section supervision the possible [re-placement] placement of [such[ an offender under correctional supervision in terms of a sentence provided for in 30 section 276(1 )(i) or 287(4)(a) of the Criminal Procedure Act, or in terms of the conversion of such an offender's sentence into correctional 276A(3 )(e)(ii)!, under 286B(4)(h)(ii)] or 287(4)(h) of the said Act, and the conditions for such placement: the possible placement of such sentenced offender on day parole [or on] 2 parole or medical parole, and the conditions for such placement; [and] !such other matters as the Correctional Supervision and Parole Board may request] a certified copy of the offender's identity 40 document and, in the case of a foreign national, a report from the Department of Home Affairs on the residential status of such offender; the possible placement under correctional supervision or release of an offender who has been declared a dangerous criminal, in terms of 45 section 2868(4)(b) of the Criminal Procedure Act; and such other matters as the Correctional Supervision and Parole Board may request; and". 35 - 10 Verify source ↗
No. 34315
This text identifies Section 10 of the Correctional Matters Amendment Act, 2011, headed "Substitution of Chapter V of Act I II of 1998."
10 No. 34315 Act No. 5 of 2011 GOVERNMENT GAZETTE, 25 MAY 2011 CORRECTIONAL MATTERS AMENDMENT ACT. 2011 Substitution of Chapter V of Act I II of 1998 - 9 Verify source ↗
The following Chapter is hereby substituted for Chapter V of the principal Act:
Remand detainees may be subject only to security- and order-related restrictions, and should be allowed outside amenities where practicable.
9. The following Chapter is hereby substituted for Chapter V of the principal Act: "CHAPTER V MANAGEMENT, SAFE CUSTODY AND WELL-BEING OF REMAND DETAINEES 5 Management, safe custody and well-being of remand detainees 46. (I) Remand detainees may be subjected only to those restrictions necessary for the maintenance of security and good order in the remand detention facility and must, where practicable, be allowed all the amenities to which they could have access outside the remand detention facility. (2) The amenities available to remand detainees may be restricted for 10 disciplinary purposes, and may be prescribed by regulation. Food and drink - 47 Verify source ↗
Subject to restnctwns which may be prescribed by regulation,
Remand detainees may receive food and drink in a remand detention facility, subject to regulatory restrictions. They must wear a prescribed uniform, must not appear in court in that uniform, and must be given appropriate clothing at State expense if they lack suitable court clothing.
47. Subject to restnctwns which may be prescribed by regulation, remand detainees may be allowed to have food and drink sent or brought to 15 them in a remand detention facility. Clothing 48. ( 1) Every remand detainee must wear a prescribed uniform which distinguishes him or her from a sentenced offender for the maintenance of security and good order in the remand detention facility. 20 (2) No remand detainee is to appear in any court proceedings dressed in a prescribed uniform referred to in subsection ( 1 ). (3) If a remand detainee docs not have adequate or proper clothing to appear in court, he or she must be provided at State expense with appropriate clothing to enable him or her to appear in court. 25 Safekeeping of information and records - 49 Verify source ↗
Information and records, as prescribed by regulation, must be kept at
Pregnant remand detainees must be sent for immediate medical examination, and the National Commissioner must provide a unit for pregnant remand detainees if resources allow. The Commissioner may also separate disabled remand detainees in single or communal cells when necessary and accommodation is available.
49. Information and records, as prescribed by regulation, must be kept at the relevant detention facility for the periods as provided for in the National Archives and Record Service of South Africa Act, 1996 (Act No, 43 of 1996). 30 Pregnant women 49A. (1) Every remand detainee who on admission claims to be pregnant, must immediately e rei erred to a registered medical practitioner for a full medical examination in order to confirm such pregnancy. (2) The National Commissioner must, within the Department's available 35 resources, ensure that a unit is available for the accommodation of pregnant remand detainees. (3) Every pregnant remand detainee must be provided with an adequate diet to promote good health, as prescribed by regulation. Disabled remand detainees 49B. (I) If the National Commissioner considers it necessary. having regard to remand detainees' disability, the National Commissioner may detain disabled remand detainees separately in single or communal cells. depending on the availability of accommodation specifically designed for persons with disabilities. 40 45 - 12 Verify source ↗
No. 34315
The Department must provide certain health and psychological services to remand detainees, and several officials may take steps about detention, diet, and court applications in specified cases.
12 No. 34315 Act No.5 of2011 GOVERNMENT GAZETTE, 25 MAY 2011 CORRECTIONAL MATTERS AMENDMENT ACT, 2011 (2) The Department must provide, within its available resources, additional health care services, based on the principles of primary health care, in order to allow the remand detainee to lead a healthy life. (3) The Department must provide, within its available resources, additional psychological services, if recommended by a medical practitio- ner. 5 Aged remand detainees 49C. (t) The National Commissioner may detain remand detainees over the age of 65 years in single or communal cells, depending on the availability of accommodation. I 0 (2) A registered medical practitioner may order a variation in the prescribed diet for an aged remand detainee and the intervals at which the food is served, when such a variation is required for medical reasons and is within the available resources of the Department. Mentally ill remand detainees 49D. (I) The National Commissioner may detain a person suspected to be mentally ill, in terms of section 77(1) of the Criminal Procedure Act or a person showing signs of mental health care problems, in a single cell or correctional health facility for purposes of observation by a medical practitioner. (2) The Department must provide, within its available resources, adequate health care services for the prescribed care and treatment of the mentally ill remand detainee. 15 20 (3) The Department must. within its available resources, provide social and psychological services in order to support mentally ill remand 25 detainees and promote their mental health. Referral of terminally ill or severely incapacitated remand detainee to court 49E. (I) If the Head of a remand detention facility or correctional centre, as the case may be, is of the opinion that (a) a remand detainee is, based on the written advice of the medical practitioner treating that person, suffering from a terminal disease or condition or if such detainee is rendered physically incapacitated as a result of injury, disease or iJJness so as to severely limit daily activity or inmate self-care; the remand detention facility or correctional centre in question cannot provide adequate care for such detainee; and there are appropriate arrangements for the remand detainee's supervi sion, care and treatment within the community to which the inmate is to be released. (b) (c) 30 35 40 that Head may apply to the court concerned, in the manner set out in this section, for the release of such detainee. (2) {a) An application contemplated in subsection (I) must be lodged in writing with the clerk of the court, and must- (i) contain a sworn statement or affinnation by the Head of the remand 45 detention facility or correctional centre concerned to the effect that he or she is satisfied that the conditions stipulated in subsection ( 1) have been met; and (ii) contain a written certificate by the Director of Public Prosecutions concerned, or a prosecutor authorised thereto by him or her in writing 50 whether the prosecuting authority opposes the application or not. (b) The remand detainee and his or her legal representative, if any, must be notified of an application referred to in subsection (I). (3) The National Commissioner may, in consultation with the National Director of Public Prosecutions, issue directives regarding the procedure to 55 be followed by a Head of a remand detention facility or correctional ~:entre, as the case may be, and a Director of Public Prosecutions whenever it is to bring an application ~:ontcmplated in subsection ( 1 ). necessary - 14 Verify source ↗
No. 34315
This section limits when remand detainees can be surrendered to police, caps incarceration at two years unless the court is involved, and requires periodic reporting and referrals to court.
14 No. 34315 Act No.5 of2011 GOVERNMENT GAZETTE, 25 MAY 2011 CORRECTIONAL MATTERS AMENDMENT ACT, 2011 Release under supervision of South African Police Service 49F. (l) No remand detainee may be surrendered to the South African Police Service for the purpose of further investigation, without authorisa tion by the National Commissioner. (2) The National Commissioner may authorise the surrender of a remand detainee to the South African Police Service as contemplated in subsection ( l) for a period not exceeding seven days. 5 Maximum incarceration period 49G. ( l) The period of incarceration of a remand detainee must not exceed two years from the initial date of admission into the remand detention facility, without such matter having been brought to the attention of the court concerned in the manner set out in this section: Provided that no remand detainee shall be brought before a court in tenns of this section if such remand detainee had appeared before a court three months immedi ately prior to the expiry of such two year period and the court during that 15 appearance considered the continued detention of such detainee. l 0 (2) The Head of the remand detention facility must report to the relevant Director of Public Prosecutions at six-monthly intervals the cases of remand detainees in his or her facility that are being detained for a successive six-month period. (3) Any remand detainee whose detention will exceed the period stipulated in subsection (l) must be referred to the relevant court by the Head of the remand detention facility or correctional centre, as the case may be, to determine the further detention of such person or release under conditions appropriate to the case. 20 25 (4) If, subsequent to the referral of the remand detainee to court as contemplated in subsection (3), the finalisation of his or her case is further delayed, the Head of the remand facility or correctional centre, as the case may be, must refer the matter back to the court on a yearly basis to detennine the remand detainee's further detention or release under 30 conditions appropriate to the case. (5) The National Commissioner may, in consultation with the National Director of Public Prosecutions, issue directives regarding the procedure to be followed by a Head of a remand detention facility or correctional centre, as the case may be, and a Director of Public Prosecutions whenever it is 35 necessary to bring an application contemplated in subsection (3) or (4). ". Amendment of section 54 of Act 111 of 1998 - 10 Verify source ↗
Section 54 of the principal Act is hereby amended by the substitution for
The listed authorities must decide how long day parole lasts, and the Head of the Correctional Centre must tell the sentenced offender.
10. Section 54 of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection: "'(2) The Minister, National Commissioner, Correctional Supervision and Parole 40 Board, court or other body must decide on the duration of placement on day parole and must inform the Head of the Correctional Centre who must inform the sentenced offender concerned of that determination.". Amendment of section 70 of Act 111 of 1998, as amended by section 26 of Act 32 of 2001 and section 46 of Act 25 of 2008 45 - 11 Verify source ↗
Section 70 of the principal Act is hereby amended by the substitution for
This section amends Section 70 so that a person may be instructed to appear before the nearest or relevant Correctional Supervision and Parole Board, the board with local jurisdiction, or another body that imposed the community corrections conditions.
11. Section 70 of the principal Act is hereby amended by the substitution for subparagraph (ii) of subsection (I)(a) of the following subparagraph: "(ii) instruct the person to appear bct(>re the Correctional Supervision and Parole Board that is situated closest to the place of residence of such person or the Board which has jurisdiction within the area where the non-compliance took 50 place, or other body which imposed the conditions of community corrections [or, if a Correctional Supervision and Parole Board under whose jurisdiction such person falls imposed the conditions of community corrections, before such BoardJ;". - 16 Verify source ↗
No. 34315
This section identifies an amendment to section 73 of Act 111 of 1998, as amended in 2001.
16 No. 34315 A<t No.5 of2011 GOVERNMENT GAZETTE, 25 MAY 2011 CORRECTIONAL MATTERS AMENDMENT ACT, 2011 Amendment of section 73 of Act Ill of 1998, as amended by section 27 of Act 32 of 2001 - 12 Verify source ↗
The following section is hereby substituted for section 73 of the principal Act:
This section says sentenced offenders generally stay in a correctional centre for the sentence period, must be released when the sentence ends, and may be considered for supervision or parole only under specified timing rules.
12. The following section is hereby substituted for section 73 of the principal Act: "Length and form of sentences 73. (I) Subject to the provisions of this Act- (a) a sentenced [prisoner] offender remains in [prison] a correctional (b) centre for the full period of sentence; and [a prisoner) an offender sentenced to life [imprisonment) incarcera tion remains in [prison] a correctional centre for the rest of his or her life. (2) A sentenced [prisoner) offender must be released from [prison) a correctional centre and from any form of community corrections imposed in lieu of part of a sentence of [imprisonment] incarceration when the tenn of [imprisonment) incarceration imposed has expired. 5 10 (3) If a sentenced offender's release upon expiry of his or her sentence, is 15 likely to result in his or her death or impainnent of his or her health or to be a source of infection to others, the National Commissioner must inform the Department of Health, at least one month prior to the release of such offender or immediately if the condition became known less than a month prior to sentence expiry, in order for that Department to deal with such 20 person in accordance with applicable legislation. (4) In accordance with the provisions of this Chapter a [prisoner) sentenced offender may be placed under correctional supervision (or on), day parole (or onlz parole or medical parole before the expiration of his of her tenn of [imprisonment) incarceration. 25 (5) (a) [Subject to the conditions of community corrections set by such Board or court] A sentenced offender may be placed under correctional supervision, on day parole, parole or medical parole- (i) [a prisoner must be placed under correctional supervision or on day parole or parole] on a date determined by the Correctional 30 Supervision and Parole Board; or in the case of (a prisoner] an offender sentenced to life [imprison ment on day parole or on parole] incarceration, on a date to be determined by the (court] Minister. (ii) (b) Such placement is subject to the (prisoner] provisions of Chapter VI 35 and such offender accepting the conditions for placement. (6) (a) Subject to the provisions of paragraph (b), (a prisoner] a sentenced offender serving a determinate sentence or cumulative sentenceS of more than 24 months may not be placed on day parole or parole until such [prisoner) sentenced offender has served either the stipulated 40 non-parole period, or if no non-parole period was stipulated, half of the sentence, but day parole or parole must be considered whenever a [prisoner] sentenced offender has served 25 years of a sentence or cumulative sentences. (aA) Subject to the provisions of paragraph (b), an offender serving a 45 determinate sentence or cumulative sentences of not more than 24 months may not be placed on parole or day parole until such offender has served either the stipulated non-parole period, or if no non-parole period was stipulated. a quarter of the sentence. (h) A person who has been sentenced to- 50 (i) periodical !imprisonment] incarceration must be detained periodi cally in a fprisonJ correctional centre as prescribed by regulation; - 18 Verify source ↗
No. 34315
This section sets parole and correctional-supervision timing rules for certain sentenced prisoners.
18 No. 34315 Act No.5 of 2011 GOVERNMENT GAZETTE. 25 MAY 2011 CORRECTIONAL MATTERS AMENDMENT ACT, 2011 [(ii) imprisonment for corrective training, may be detained in a prison for a period of two years and may not be placed on parole until he or she has served at least 12 months; 5 (iv) (iii) imprisonment for the prevention of crime, may be detained in a prison for a period of five years and may not be placed on parole until he or she has served at least two years and six months;] life [imprisonment] incarceration, may not be placed on day parole or parole until he or she has served at least 25 years of the sentence [but a prisoner on reaching the age of 65 years may be placed on parole if he or she has served at least 15 years of such sentence]; or imprisonment contemplated in section 51 or 52 of the Criminal Law Amendment Act, 1997 (Act No. 105 of 1997), may not be placed on parole unless he or she has served at least four fifths of the term of imprisonment imposed or 25 years, whichever, is the shorter, but the court, when imposing imprisonment, may order 15 that the prisoner be considered for placement on parole after he or she has served two thirds of such term] [(v) l 0 (vi) any tenn of incarceration, excluding persons declared dangerous criminals in terms of section 286A of the Criminal Procedure Act, may be placed on day parole or parole on reaching the age of 65 vears 20 provided that he or she has served at least 15 years of such sentence. (c) A person who has been declared [an] a habitual criminal may be detained in a [prison] correctional centre for a-period of 15 years and may not be placed on day parole or parole until after a period of at least seven years. 25 (d) A person who has been declared a dangerous criminal in terms of section 286A of the Criminal Procedure Act, must be referred back to court in accordance with section 75(1 )(h) of this Act, within seven days atler the period as detem1ined by the court, or 25 years, whichever is the shortest, has been served. 30 (7) (a} A person sentenced to limprisonmentJ incarceration under section 276(l)(i) of the Criminal Procedure Act, must serve at least one sixth of his or her sentence before being considered for placement under correctional supervision, unless the court has directed otherwise[, but if more than one sentence has been imposed under section 276(1)(i) of the 35 said Act, the person may not be placed under correctional supervision for a period exceeding five years]. (b) [If a person has been sentenced to imprisonment under section 276(l)(i) of the Criminal Procedure Act, and to imprisonment for a period not exceeding five years as an alternative to a fine the person 40 must serve at least one sixth of the effective sentences before being considered for placement under correctional supervision, unless the court has directed othern·iseJ A person sentenced to incarceration for a period not exceeding five years as an alternative to a fine under section 287( 4)(a) of the Criminal Procedure Act, may be considered for placement 45 under correctional supervision by the National Commissioner or the Correctional Supervision and Parole Board as soon as possible after admission to a correctional centre subject to the confinnation of a suitable support system, unless the court has directed otherwise. (c) [If a person has been sentenced to imprisonment for- 50 (i) a definite period under section 276(1)(h) of the Criminal Proce- dure Act; (ii) imprisonment under section 276(l)(i) of the said Act; (iii) a period not exceeding five years as an alternative to a fine; the person shall serve at least a quarter of the etfecth·e sentence 55 imposed or the non-parole period, if any, whichever is the longer before being considered for placement under correctional supervision, unless - 20 Verify source ↗
No. 34315
Some sentenced persons may be recommended or referred for correctional supervision if they meet time-served and remaining-sentence conditions; others may not be placed under correctional supervision unless their sentence is converted first.
20 No. 34315 AetNo.5of2011 GOVERNMENT GAZETTE, 25 MAY 2011 CORRECTIONAL MATTERS AMENDMENT ACT, 2011 the court has directed otherwise] A person sentenced to incarceration for a period exceeding five years as an alternative to a fine under section 287(4)(b) of the Criminal Procedure Act, may be recommended to a court for placement under correctional supervision, except if the court has directed otherwise, in circumstances where such an offender has completed at least one quarter of the sentence and the remainder of the sentence until sentence expiry does not exceed five years. (d) A person sentenced to ]imprisonment] incarceration for a definite period in terms of section 276( I )(b) of the [said[ Criminal Procedure Act may not be placed under correctional supervision unless such sentence has been converted into correctional supervision in accordance with section 276A(3) of the said Act. 5 I 0 (e) A person sentenced to incarceration for a definite period under section 276(1 )(b) of the Criminal Procedure Act, may be referred to a court in accordance with section 276A(3)(a) of that Act, if the offender has 15 completed at least a quarter of the effective sentence and the remainder of the sentence until sentence expiry does not exceed five years.". Amendment of section 75 of Act 111 of 1998, as amended by section 29 of Act 32 of 2001 and section 51 of Act 25 of 2008 - 13 Verify source ↗
Section 75 of the principal Act is hereby amended-
This amendment changes who may place offenders under correctional supervision, day parole, parole, or medical parole, who may recommend those decisions, and when decisions must be deferred or reconsidered.
13. Section 75 of the principal Act is hereby amended- 20 (a) by the substitution in subsection (I) for paragraphs (a), (b) and (c) of the following paragraphs, repectively: (b) "(a) subject to the provisions of paragraphs (b) and (c) and subsection (lA) place a sentenced offender under correctional supervision or day parole or grant parole or medical parole and, subject to the 25 provisions of section 52, set the conditions of community correc tions imposed on the sentenced offender; in the case of any sentenced offender having been declared a dangerous criminal in tenns of section 286A of the Criminal Procedure Act, make recommendations to the court on the granting 30 or the placement under correctional supervision [or].! day parole [or], parole or medical parole and on the period for and, subject to the provisions of section 52, the conditions of community correc tions imposed on the sentenced offender; and in respect of any sentenced offender serving a sentence of life 35 incarceration, make recommendations to the Minister on granting of day parole (or], parole or medical parole, and, subject to the provisions of section 52, the conditions of community corrections to be imposed on such an offender."; (c) (b) by the substitution for subsection (5) of the following subsection: 40 "(5) It; after the Board has approved a sentenced offender being placed under correctional supervision or [be] being granted day parole [or], parole or medical parole, and, prior to the implementation of the decision of the Board, the Case Management Committee reports to the Board that the circumstances of such an offender have changed to such 45 an extent that it is not advisable to implement the decision, the implementation shall be deferred until the Board authorises it.": (c) by the substitution for subsections (6), (7) and (8) of the following subsections, respectively: "(6) When the Board or the Minister cancels correctional supervision 50 [orJ, day parole (or], parole or medical parole, the matter may be reconsidered by the Board or the Minister within such period as (it] the Board or the Minister deems fit, but [it] the Board or the Minister must do so within two years. (7) Despite subsections (I) to (6), the National Commissioner may- 55 (a) place under correctional supervision or day parole2 or grant parole or medical parole to1 a sentenced offender serving a sentence of incarceration for 24 months or less and prescribe conditions in tenns of section 52; or - 22 Verify source ↗
No. 34315
This section sets rules for medical parole applications, who may apply, what supporting medical information is required, and how quickly referred matters must be finalised.
22 No. 34315 Act No.5 of2011 GOVERNMENT GAZETTE, 25 MAY 2011 CORRECTIONAL MATTERS AMENDMENT ACT, 2011 (b) cancel correctional supervision or day parole or parole or medical parole and alter the conditions for community corrections appli cable to such person. (8) A decision of the Board is final except that the Minister, the National Commissioner or the Inspecting Judge may refer the matter to the Correctional Supervision and Parole Review Board for reconsidera tion, in which case- (a) the decision of the Board is suspended pending the outcome of the decision of the Correctional Supervision and Parole Review Board; and the record of the proceedings before the Board must be submitted to the Correctional Supervision and Parole Review Board."; and @ 5 10 (d) by the addition after subsection (8) of the following subsections: (9) The Minister may cancel correctional supervision, day parole or parole as referred to in subsection (6) only if the decision to grant 15 correctional supervision, day parole or parole was taken by the Minister. (I 0) A matter referred to the Correctional Supervision and Parole Review Board, in tenns of subsection (8), must be finalised within 4 months of such referral.". Substitution of section 79 of Act Ill of 1998, as amended by section 55 of Act 25 of 20 2008 14, The following section is hereby substituted for section 79 of the principal Act: "Medical parole 79. (I) Any sentenced offender may be considered for placement on medical parole, by the National Commissioner, the Correctional Supcrvi- 25 sion and Parole Board or the Minister, as the case may be, if- (a) such offender is suffering from a terminal disease or condition or if such offender is rendered physically incapacitated as a result of injury, disease or illness so as to severely limit daily activity or inmate selt~care; the risk of re-ofl'ending is low; and there are appropriate arrangements for the inmate's supervision, care and treatment within the community to which the inmate is to be released. (b) (c) 30 (2) (a) An application for medical parole shall be lodged in the prescribed 35 manner, by- (i) a medical practitioner; or (ii) a sentenced offender or a person acting on his or her behalf. (h) An application lodged, by a sentenced offender or a person acting on his or her behalf, in accordance with paragraph (a)(ii), shall not be 40 considered by the National Commissioner, the Correctional Supervision and Parole Board or the Minister, as the case may be, if such application is not supported by a written medical report recommending placement on medical parole. (c) The written medical report must include, amongst others. the 45 provision of- (i) a complete medical diagnosis and prognosis of the terminal illness or physical incapacity from which the sentenced offender suffers; (ii) a statement by the medical practitioner indicating whether the offender is so physically incapacitated as to limit daily activity or inmate 50 self-care; and (iii) reasons as to why the placement on medical parole should be considered. (3) (a) The Minister must establish a medical advisory board to provide an independent medical report to the National Commissioner, Correctional 55 Super./ision and Parole Board or the Minister, as the case may be. in addition to the medical report referred to in subsection (2)(c). (h) Nothing in this section prohibits a medical practitioner or medical advisory board from obtaining a written medical repo11 from a specialist medical practitioner. 60 - 24 Verify source ↗
No. 34315
The Minister must make regulations for medical parole within six months, and complainants or relatives may make representations.
24 No. 34315 Act No.5 of2011 GOVERNMENT GAZETTE, 25 MAY 2011 CORRECTIONAL MATTERS AMENDMENT ACT, 201 I (4) (a) The placement of a sentenced offender on medical parole must take place in accordance with the provisions of Chapter VI and is subject to- (i) the provision of informed consent by such offender to allow the disclosure of his or her medical information, to the extent necessary, in order to process an application for medical parole; and the agreement by such offender to subject himself or herself to such monitoring conditions as set by the Correctional Supervision and Parole Board in terms of section 52, with an understanding that such conditions may be amended and or supplemented depending on the 1 0 improved medical condition of such offender. (ii) 5 (b) An offender placed on medical parole may be requested to undergo periodical medical examinations by a medical practitioner in the employ of the Department. (5) When making a determination as contemplated in subsection ( 1 )(b), 15 the following factors, amongst others, may be considered: (a) Whether, at the time of sentencing, the presiding officer was aware of the medical condition for which medical parole is sought in terms of this section; (b) any sentencing remarks of the trial judge or magistrate; (c) (d) (e) any of the factors listed in section 42(2)(d). the type of offence and the length of the sentence outstanding; the previous criminal record of such offender: or (6) Nothing in this section prohibits a complainant or relative from making representations in accordance with section 75(4). 20 25 (7) A decision to cancel medical parole must be dealt with in tenns of section 75(2) and (3): Provided that no placement on medical parole may be cancelled merely on account of the improved medical condition of an offender. (8) (a) The Minister must make within six months after promulgation of 30 this Act regulations regarding the processes and procedures to follow in the consideration and administration of medical parole. (b) The regulations referred to in paragraph (a), must be submitted to Parliament for approval- (i) at least one month before promulgation, if Parliament is in session; or 35 if Parliament is not in session, within one month after the next ensuing (ii) session starts.". Amendment of section 90 of Act 111 of 1998, as amended by section 65 of Act 25 of 2008 - 15 Verify source ↗
Section 90 of the principal Act is hereby amended by the substitution for 40
The Inspecting Judge must inspect or arrange inspections of correctional centres and remand detention facilities to report on inmate treatment, conditions, and any corrupt or dishonest practices.
15. Section 90 of the principal Act is hereby amended by the substitution for 40 subsection ( 1) of the following subsection: "(1) The Inspecting Judge inspects or arranges for the inspection of correctional centres and remand detention facilities in order to report on the treatment of inmates in correctional centres and remand detention facilities and on conditions and any corrupt or dishonest practices in correctional centres and remand detention 45 facilities.". Insertion of section 128A in Act 111 of 1998 - 16 Verify source ↗
The following section is herby inserted in the principal Act, after section 128:
This text says a new section is inserted after section 128 and begins with the words “Falsifying identification”.
16. The following section is herby inserted in the principal Act, after section 128: "Falsifying identification - 128A Verify source ↗
A remand detainee who intimidates or conspires with another 50
A remand detainee must not intimidate or conspire with another remand detainee to exchange identities or defeat the ends of justice.
128A. A remand detainee who intimidates or conspires with another 50 remand detainee to exchange identities or to defeat the ends of justice, is guilty of an offence and liable on conviction to a fine or to incarceration for a period not exceeding 10 years or to such incarceration without the option of a flnc or to both a fine and such incarceration.". - 26 Verify source ↗
No.34315
26 No.34315 Act No.5 of 2011 GOVERNMENT GAZETTE, 25 MAY 2011 CORRECTIONAL MATTERS AMENDMENT ACT, 2011 Amendment of section 134 of Act 111 of 1998
26 No.34315 Act No.5 of 2011 GOVERNMENT GAZETTE, 25 MAY 2011 CORRECTIONAL MATTERS AMENDMENT ACT, 2011 Amendment of section 134 of Act 111 of 1998 - 17 Verify source ↗
Section 134 of the principal Act is hereby amended by the insertion in subsection
This provision amends section 134 of the principal Act by adding topics about remand detainees, detention-facility administration, complaints, visits, food, accommodation, medical treatment, and related procedures.
17. Section 134 of the principal Act is hereby amended by the insertion in subsection (I) after paragraph (kkH) of the t<>llowing paragraphs: "(kkl) the information and data to be kept relating to the incarceration of a remand (kkJ) (kkK) detainee; the safe custody of remand detainees and the maintenance of good order, discipline and security in remand detention facilities; the obtaining, safekeeping and retaining of information relating to the incarceration of a remand detainee; the location, transfer, placement and release of remand detainees; (kkL) (kkM) the manner in which a remand detainee may make requests or complaints, and how they are to be dealt with by correctional officials or remand detention officials, as the case may be; the diet of a pregnant remand detainee, a child in custody with a remand detainee and an aged remand detainee; (kkN) 5 I 0 15 (kkO) accommodation of remand detainees who are pregnant, aged, mentally ill (kkP) or mothers with newborn children; the conditions subject to which a remand detainee may be permitted to have her child with her; (kkf» the clothing to be supplied to, and worn by, remand detainees; (kkR) visits to remand detention facilities by relatives and others of aged or 20 mentally ill remand detainees; (kkS) visits to remand detention facilities by relatives and others of remand detainees and arrangements for a remand detainee to consult with a legal practitioner~ the provision of food and drink to remand detainees by their visitors~ the admission to a remand detention facility of any person; those amenities susceptible to restriction as a penalty for disciplinary infringements and the amenities allowed to remand detainees; (kkT) (kkU) (kkV) (kkW) the treatment of mentally ill or aged remand detainees; (kkX) the conditions and procedures to be followed where an application is lodged in terms of section 49E; the conditions and procedures to be followed where a remand detainee is surrendered to the South African Police Service for investigation purposes; the conditions and procedures to be followed where a referral is made in 35 terms of section 49G; and (kkY) (kkZ) 25 30 (kkZA) the composition of the medical parole advisory board;". Amendment of Table of Contents of Act Ill of 1998 - 18 Verify source ↗
The Table of Contents of the principal Act is hereby amended by the substitution
This section updates the principal Act’s Table of Contents by replacing the Chapter V reference with a new Chapter V heading and list of sections.
18. The Table of Contents of the principal Act is hereby amended by the substitution for the reference to Chapter V of the following reference: 40 "CHAPTER V MANAGEME:'IIT, SAFE CUSTODY AND WELL-BEING OF REMAND DETAINEES 46. 47. 48. 49. 49A. 49B. 49C. 49D. 49E. 49F. 49G. Management, safe custody and well-being of remand detainees Food and drink Clothing Safekeeping of information and records Pregnant women Disabled remand detainees Aged remand detainees Mentally ill remand detainees Referral of terminally ill or severely incapacitated remand detainee to court Release under supervision of South African Police Service Maximum incarceration period.". 45 50 55 - 28 Verify source ↗
No. 34315
This section repeals sections 48 and 49 of the Correctional Services Amendment Act, 2008, and amends section 87 by deleting subsection (3).
28 No. 34315 Act No. 5 of 20 II GOVERNMENT GAZETTE, 25 MAY 2011 CORRECTIONAL MATTERS AMENDMENT ACT. 2011 Repeal of sections 48 and 49 of Act 25 of 2008 19, Sections 48 and 49 of the Correctional Services Amendment Act, 2008, are hereby repealed. Amendment of section 87 of Act 25 of 2008 20, Section 87 of the Correctional Services Amendment Act, 2008, is hereby amended 5 by the deletion of subsection (3). Short title and commencement - 21 Verify source ↗
This Act is called the Correctional Matters Amendment Act, 2011, and comes into
This section says the Act starts on a date chosen by the President through a proclamation in the Gazette.
21. This Act is called the Correctional Matters Amendment Act, 2011, and comes into operation on a date determined by the President by proclamation in the Gazette.
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