Correctional Services Bill [B65-98]: voting

Meeting report

CORRECTIONAL SERVICES PORTFOLIO COMMITTEE
1 September 1998
CORRECTIONAL SERVICES BILL [B65-98]

Documents handed out:
Letter by Minister
Document on Meal Times
Department’s proposed amendments to the Bill (see appendix)

The committee went through the department’s proposed amendments. They approved most of the amendments.

Committee members raised some areas of concern. These included:
Clause 46 (time spent in mental hospital, not taking into account for the reduction of sentence). In light of other sections where the time spent in hospital is considered, this clause is hence inconsistent.

Clause 59(5), dealing with the correctional supervision committee, it was felt that members of the community should form part of that committee. In response, the department said that they envisaged community members on that committee.

The members said that the Bill as introduced, regarding the functions of the Judicial Inspectorate, should remain (to report on corruption and dishonest behaviour)

Clause 105, regarding discipline in private prisons, was not clear on who authorises the discipline – whether it was a private prison official or a department of correctional services official.

Another problem raised was who sets the criteria for the director of private prisons.

Regarding Clause 124 on prohibited publications, it was argued that the phrasing in the Bill was too wide and could target writers who are writing about the life of someone who served a prison sentence.

Concerning publication of regulations, members supported a proposal made by human rights organisations, suggesting that regulations go through the portfolio committee for consideration, before becoming law.

The Department would put together what was approved by the committee and this would be distributed by the end of the week. The committee would meet early next week to pass the motion of desirability, having the bill debated on 10 September 1998

Appendix
AMENDMENTS PROPOSED
CORRECTIONAL SERVICES BILL
[B65-98]

TABLE OF CONTENTS

On page 4, in line 16, after "Religion" to insert "belief and opinion".

On page 4, line 50, to omit "Development and Support Committee" and substitute
"Case Management Committee".

CLAUSE 1.
On page 10, after line 49, to insert "(Case Management Committee means a committee established under section 42;"

On page 12, line 32, to omit "Development and Support Committee" means a committee established under section 42;".

3.On page 14, in line 36, to omit "11" and substitute "110";.

4.On page 16, after line 9, to insert "senior correctional official" means a correctional official on or above the post level of "senior correctional officer".

CLAUSE 3
On page 16, lines 44 to 47, to omit subclause 5 and to insert it at page 76 as a new subclause (5) at line 48.

CLAUSE 4
1.On page 1,8 in line 26 and 27 to omit "and may not be" and to substitute "or".

CLAUSE 6
1.On page 20, in line 12, to insert after "Act no. 63 of 1978)" the following "if in the opinion of the medical officer it is necessary".

CLAUSE 7
On page 20, in line 26, to omit "subsections 2(a) to (c)".

CLAUSE 8
On page 20, in line 32, to insert after "with" the following "an adequate diet to promote good health".

On page 20, in line 38 to insert after "prisoner" the following "and the intervals at which the food is
served,".

CLAUSE 10
On page 20, in line 46, after "Clothing" to insert "and bedding".

On page 20, in line 47, after "10", to insert "(1)" and in line 48 after "conditions" to omit "except where this
Act allows a prisoner to retain or acquire appropriate clothing".

3.On page 20, to add the following subclause "(2) Despite the provisions of subsection (1), unsentenced prisoners may be allowed to retain or acquire appropriate clothing or bedding".

CLAUSE 12
1.On page 22, in line 7, after "services" to insert ",based on the principles of primary health care,".

2.On page 22, in line 8, to omit "No prisoner is entitled to cosmetic medical treatment at State expense"
and insert "Every prisoner has the right to adequate medical treatment except that no prisoner is
entitled to cosmetic medical treatment at State expense".

3.On page 22, in line 9, to omit "Any" and "by the" to insert after "officer" the following ",medical practitioner or by the Specialist or health care institution" and to omit "or by a person or institution" and to insert thereafter, "except where the medical treatment is provided by a medical practitioner in terms of subsection 3".

4.On page 22, in line 11, after "visited" to insert "and examined" and after "consultation" in line 13, to insert "examination".

On page 22, in line 18, to omit "prior".

On page 22, in line 19 to omit "danger" to insert "threat".

On page 22, in line 20, to omit "Any surgical intervention shall not" to insert the following "Except as provided in subsection (d), no surgery may".

8.On page 22, in line 21, to omit "written" and to insert "informed".

9.On page 22, in line 21, to omit "without" and to insert "with".

10.On page 22, in line 22 to 25 to omit "except when, in the opinion of the freating medical practitioner, such surgical intervention is in the interest of the prisoner's health and such prisoner is unable to give his or her consent or when it is not possible or practical to delay in obtaining the consent of the legal guardian as the case may be". and to insert:

"(d)Consent to surgery is not required when, in the opinion of the medical practitioner who is treating the prisoner, the intervention is in the interests of the prisoner's health and the prisoner is unable to give such consent, or in the case of a minor when it is not possible or practical to delay in order to obtain the consent of his or her legal guardian".

CLAUSE 13
On page 22, after line 33, to add the following subsection:

"(4)If a prisoner is not able to receive visits from his or her spouse, partner or next of kin, the prisoner is entitled to be visited by any other person in a particular month".

2.On page 22, after line 50, to add the following subparagraph:

"(d)If requested by the spouse, partner or next of kin, the Commissioner must as soon as practicable, with the written consent of the prisoner, give particulars of the where the prisoner is detained".

CLAUSE 14
1.On page 24, in line 4, after "Religion" to insert "belief and opinion".

2.On page 24, in line 5, after "of" to insert "conscience".

CLAUSE 21
On page 26, after line 23, to add the following subparagraph:

"(c)if the complaint concerns an alleged assault, ensure that the prisoner undergoes an immediate medical examination and receives the prescribed treatment".

CLAUSE 23
On Page 26, in line 45, after "to" to insert "legitimate".

CLAUSE 25
On page 30, in line 5, after "days" to insert "after considering the record of the proceedings and a report from a registered nurse, psychologist or the medical officer on the health status of the prisoner concerned".

2.On page 30, in line 9, to omit "six" and to substitute "four".

3.On page 30, in line 10, after "and" to insert "assessed once a day by".

4.On page 30, in line 13, to omit "danger" and to substitute "threat".

CLAUSE 26
On page 30, in line 19, after "the" to insert "safe".

CLAUSE 27
1,On page 30, in lines 32 to 35, to omit "under reasonable grounds, the person of a prisoner may be searched in the following ways:

a manual search, or a search by technical means of the clothed body of the prisoner;" and to substitute:

"The person of a prisoner may be searched by a manual search, or search by technical means, of the clothed body".

On page 30, after the new insertion at line 32, to insert:

"(2)Upon reasonable grounds, the person of a prisoner may be searched in the following ways:"

Renumber present subparagraphs (b) to (f) to read (a) to (e).

CLAUSE 30
1.On page 32, in line 46 omit "medical officer, psychologist or registered nurse" and to substitute "registered nurse, psychologist or medical officer".

2.On page 32, in line 47, omit "medical officer or psychologist" and substitute "registered nurse, psychologist or medical officer".

On page 34, in line 16, omit "appeal against the decision" and substitute "refer the matter".

CLAUSE 32
On page 36, after line 3, to add the following subsection:

"(5)If force was used the prisoners concerned must undergo an immediate medical examination and receive the prescribed treatment".

CLAUSE 34
On page 36, in line 21 and 22 to omit "the legal requirements of self defence are present or when".

CLAUSE 35
On page 36, in line 29, after "the" to insert "training,".

CLAUSE 42
On page 42, in line 1, to omit "Development and Support Committee" and to substitute "Case Management Committee".

On page 42, in line 2, to omit "Development and Support Committee" and to substitute "Case Management Committee".

On page 42, in line 4 to omit "Development and Support Committee" and to substitute "Case Management Committee".

On page 43, in line 44, to omit "Development and Support Committee" and to substitute "Case Management Committee".

CLAUSE 43
1.On page 42, in line 53, to omit "medical officer or registered nurse" to substitute "registered nurse or medical officer".

CLAUSE 45
1.On page 44, in line 24, to omit "prepare" and substitute "be prepared"

CLAUSE 46
On page 44, in line 37, after "Commissioner," to insert "after considering the discharge report from the institution,"

CLAUSE 76
On page 62, in line 13, to omit "Development and Support Committee" and to substitute "Case Management Committee".

On page 64, in line to omit "Development and Support Committee" and to substitute "Case Management Committee".

CLAUSE 85
On page 68, after line 44, to add a new subsection:

"(3)The National Council must fulfill the functions and duties ascribed to the National Advisory Council by section 65(5) of the Correctional Services Act, 1959, (Act No. 8 of 1959), relating to prisoners serving life sentences and still to be considered for parole in terms of the said Act".

2.Renumber subsections (3), (4) and (5) to (4), (5) and (6) from line 45 to 49.

CLAUSE 86
On page 70, in line 8, to omit "and any corrupt or dishonest practices".

CLAUSE 88
1.On page 70, in lines 23 and 24, to omit "legally qualified person or persons with a penological background" and to substitute "person or persons with a legal, medical or penological background".

On page 70, in line 31 and 32, to omit "Director-General of the Department of Public Service and Administration" and to substitute "Commissioner".

CLAUSE 90
On page 72, in line 2, to omit "Public Service Act" and to substitute "this Act".

On page 72, in line 3, to omit "Director-General of the Department of Public Service and Administration" and to substitute "Commissioner".

CLAUSE 91
On page 72, in lines 6 and 7, to omit "and any corrupt or dishonest practices"

On page 72, in line 9, omit "or".

On page 72, in line 10, after "Visitor" to insert "and may of his or her own volition deal with any complaint".

On page 72, in line 22, to omit "Director-General of the Department of Public Service and Administration" and substitute "Commissioner".

CLAUSE 93
On page 72, in line 37, to omit "may" and to substitute "must as soon as practicable".

CLAUSE 94
On page 74, in line 14, after "urgency" to insert "or in the absence of such a committee".

CLAUSE 95
2.On page 74, in lines 29 to 31 to omit "The Inspecting Judge may establish a Visitors' Committee for each management area consisting of the Independent Prison Visitors appointed to prisons in that area" and to substitute "Where appropriate the Inspecting Judge may establish a Visitors' Committee for a particular area consisting of the Independent Prison Visitors appointed to prisons in that area".

CLAUSE 107
1.On page 82, in line 30, to omit "(c) comfine a prisoner temporarily in a cell contemplated in section 30" - Remember the rest of the subsection".

CLAUSE 113
On page 84, in line 41, after "Commissioner" to insert "in consultation with the Minister".

CLAUSE 133
On page 96, in line 42, to omit "facilities" and to substitute "canteens".

On page 96, in line 44, to omit "facilities" and substitute "canteens".

On page 96, in line 48, to omit "tax, duty" and to omit "other customs or exile duties or value-added tax".

On page 96, in line 50, to omit "facility" and to substitute "canteen".

On page 98, in line 2, to omit "facility" and to substitute "canteen".

On page 98, in line 4, to omit "facility" and to substitute "canteen".

On page 98, in line 10, to omit "facility" and to substitute "canteen".

On page 98, in line 12, to omit "facility" and to substitute "canteen".

CLAUSE 134
On page 100, in line 15, to omit "Development and Support Committees" and to substitute "Case Management Committees".

AMENDMENTS PROPOSED
CORRECTIONAL SERVICES BILL
[B65-98]