PRESENTATION ON

AMENDMENT OF

CORRECTIONAL SERVICES

REGULATIONS

Amendment of Regulations

The amendments are brought about by Act 25 of 2008 and Act 5 of 2011

• Regulations made under section 79(8) of Act 5 of 2011, in relation to the processes and procedures to follow in the consideration and administration of medical parole are submitted to Parliament for approval. (Regulations 29A and 29B)

• All other regulations are made in terms of section 134 of Act 111 of 1998. Section 134(5) provides that “the Minister must refer proposed regulations to the relevant Parliamentary Committees in both Houses dealing with the Department”.

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Definitions• The following definitions are inserted:

– “Area Commissioner” Regulation 39 requires this definition

– “Correctional health facility” and deletion of “prison hospital” to align with terminology in National Health Act, 2003

– “International Instrument” in order to describe meaning in Regulation 2(3)(d)

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Amendment of Regulation 2• Regulation 2(3)(a): To provide for new

wording “Correctional medical practitioner” and ”record” instead of “report”

• Regulation 2(3)(c): To regulate the provisions of sect. 20(1A) of the Act relating to a child under the age of 2 years

• Regulation 2(3)(d): To confirm DCS’s commitment to international principles of detention

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Amendment of Regulation 4• Regulation amended to comply with

terminology prescribed by the National Department of Health in their dietary guidelines

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Amendment of Regulation 5• Regulation 5(2) deleted as uniform of RD’s

is now prescribed in the Act and Regulation 26B

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Amendment of Regulation 7• Reg 7(4)(a): Amended to include specific

reference to RD’s, pregnant women and mentally ill

• Reg 7(13)(a): Amended to refer to the current law i.e. Mental Health Care Act, 2002

• Reg 7(13)(c): Inserted to provide for cases ito CPA sect. 77 and 78 (capacity to understand proceedings/criminal responsibility)

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Amendment of Regulation 8• Regulation 8(4): Amended to include

reference to electronic communications and to mandate cellular phone blocking

• Regulation 8(5): Terminology brought in line with the 2008 Amendment Act

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Amendment of Regulation 9• Regulation 9(c): Rephrased to provide

further clarity and correction of spelling of the word “born”.

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Amendment of Regulation 10

• Heading substituted to align with principal Act

• Regulation 10(1)(a): Rephrased for clarity

• Regulation 10(2): Aligned to the SA Council for Educators Act, 2000 and to provide for professional educators

• Provides for compulsory education up to age of 25 years or grade 9

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Amendment of Regulations 14 and 16

• Regulation 14: The heading is substituted to remove confusion of discipline of inmates and officials

• Regulation 16: Amended as a consequence of the amendment to sect 27 of the Act by 2008 Amendment Act to ensure that bodily orifice searches are not conducted by a correctional official

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Amendment of Regulation 17

• Regulation 17(2) Amended to be in line with technical developments to permit the taking of “biometric data” and also to provide a procedure to ascertain age if there is doubt

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Amendment of Regulation 19

• Regulation 19 Amended to specify that officials must be trained before using non-lethal incapacitating devices and also to align the rest of the regulation with sub-regulation (1) to refer to “chemical agents” and not to “teargas” only

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Amendment of Regulations 21 and 23

• Regulation 21: This amendment may be deleted as it is covered by clause 25

• Regulation 23: Amended to cover other religious days than Sundays in terms of the faith to which the person belongs and it makes for better drafting to delete sub-regulation (6)(b)

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Amendment of Regulations 24 and 25A

• Regulation 24: Amended to remove the reference to “Area Manager” as it should refer to the ”National Commissioner”

• Insertion of regulation 25A to provide for provision of requisite information to the Registrar of the National Register for Sex Offenders.

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Substitution of Chapter IV• As a result of the new Chapter on RDs

inserted into the Act, a new Chapter aligned to the provisions of the Act is inserted into the Regulations.

• Regulation 26:Introduced to cover persons not falling in definition of RD but should be treated the same

• Regulation 26A: regulates the process for receiving food and drink

• Regulation 26B: regulates use of amenities 16

Substitution of Chapter IV• Regulation 26C: regulates provision of

clothing and bedding

• Regulation 26D: regulates services to be provided to pregnant women

• Regulation 26E: regulates labour to be performed by RDs

• Regulation 26F: regulates the safekeeping of RD information and records

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Substitution of Chapter IV• Regulation 26G: regulates the referral of

terminally ill or severely incapacitated RDs to court

• Regulation 26H: regulates the release of RDs under the supervision of SAPS (read together with Circular developed by DCS and SAPS)

• Regulation 26I: regulates the processing and referral of RD to court upon reaching of maximum incarceration period (Read with Protocol)

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Medical parole: regulations 29A and 29B

• Regulation 29A: Provides a step by step process for the processing of medical parole applications. The conditions the Medical Parole Advisory Board may consider are spelled out in sub-regulation (5). These conditions were developed by DCS medical doctors in consultation with SAMA.

• Read together with Schedule B – application form for medical parole to be completed by all role players as indicated.

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Medical parole: regulations 29A and 29B

• Regulation 29B: Appointment and composition of the Medical Parole Advisory Board

• Composition: Chairperson, Vice-Chairperson and at least one member per province

• Members must be medical practitioners registered under the Health Professions Act

• Board will meet at least once per month• Quorum: Chair, Vice-Chair or their secundi and three co-

opted members

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Substitution of Regulation 33This Regulation governs the disciplinary processes in the DCS

for officials and substitute the previous collective agreement with the one currently applicable as incorporated in Schedule A (Resolution 1 of 2006 replaces Resolution 1 of 2001)

21

Amendment of Regulation 37

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•This regulation determines the leave policy for DCS •An amendment to the Public Service Act (sect 17) excludes DCS and we had therefore to provide for our own measures governing abscondment of officials

Amendment of Regulation 38

• This regulation now provides for a different composition of the Board of Trustees in that it now also have elected Trustees where previously members were ex officio appointed

• It also spells out that the Fund is subject to the Financial Institutions (Protection of Trust Funds) Act, 2001 and Financial Services Board Act, 1990

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Amendment of Regulation 39• Amended to clearly specify that officials

responsible for the management of club affairs are subject to departmental disciplinary processes although it is not State monies that are managed

• It clarifies a previous ambiguity and also corrected the reference to State Expenditure to that of National Treasury

24

Substitution of certain words• Act 25 of 2008 inserted new terminology

into Act 111 of 1998, these amendments are made to bring the regulations in line with the Act

• Regulations were circulated to cluster departments and inputs were incorporated where possible.

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Promulgation of provisions of Act 5 of 2011

• Once the regulations are ready for publication in the Government Gazette and the human resources are in place to process medical parole applications the bulk of the provisions of the Act will be promulgated (1 November 2011).

• The following sections require cluster coordination and sign off on Protocols before it can be promulgated: 49E and 49G

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Promulgation of provisions of Act 5 of 2011

• Section 48 (clothing for RDs): Due to production, budgetary and manufacturing constraints it is envisaged that this section will only be promulgated by June 2012.

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