Correctional Services Bill: discussion

SAFETY AND SECURITY SELECT COMMITTEE
22 October 1998
CORRECTIONAL SERVICES BILL: DISCUSSION

Documents handed out
Amendments proposed on the Correctional Service Bill

Summary
Amendments were made in the Correctional Service Bill. There were agreements on certain amendments and omissions around the Bill itself.

Minutes
The meeting was chaired by Mr Moosa, and it started very late. The Bill which was discussed was the Correctional Services Bill. The department was asked to point out which clauses were technical. There were amendments made on the definition of the "disciplinary official:, and it was said that it should include "any person appointed by the commissioner rather than assistant director". The person should be a person that is trained to substitute the assistant director. In the event of an area where there is no prison the prisoner can be kept in the police cell for no longer than a month or if that person is dangerous s/he can be kept in prison for security reason. On clause 30 (2)(a) a prisoner must be visited by the medical practitioner once in every 4 minutes and by the head of the department once a day. Clause 31, the word "shackles" must be removed and be replaced by the mechanical restraints. The permission for the use of handcuffs should not be required from the commissioner or judge, be it the hand cuffs or the leg cuffs. On section 36(a) which deals with the extradition of prisoner in that clause, the department felt that if a prisoner has already served a term in South Africa, when he is deported s/he should not come back and serve the same period and term.

In clause 40 (1) there has been amendments after the words "the working day" there should be a comma which is followed by "provided with such work s/he might be compelled to do so". Here it is referred to any work perfomed by the prisoner in accordance with any developmental programmes, unless the prisoner is medical unfit. Clause 61 (1) a prisoner should not do community service for less than 16 hours a month , unless s/he has given reasonable facts to the magistrate for exemption.

Most of the amendments were technical and were not discussed by the committee. The bill will be voted on on the 26 October.