sv060907

 

PROPOSED AMENDMENT

 

CORRECTIONAL SERVICES AMENDMENT BILL

[B32  -2007]

 

LONG TITLE

1.         On page 2 in the long title after "the", to omit "Minister of Correctional Services" and to substitute "National Council".

 

CLAUSE 1

1.         On page 3, in line 3, to omit "persons under the authority of the Department" and to substitute "such inmates".

 

2.         On page 3, after line 6, to insert the following:

" 'correction' refers to the assessment of needs and security risk, profiling of individuals, development of the sentence plan and the rendering of services and programmes;".

3.         On page 3, in line 18, to omit "correctional medical officer" and to substitute "correctional medical practitioner".

 

 

4.         On page 3, after line 20, to insert the following paragraph:

(g)        by the insertion after the definition of "Director" of the following definition:

" 'development' refers to the provision of opportunities for social development and social consciousness', vocational and technical training, recreation, sports, arts and culture, education and enhancement of employability in order to promote personal development and social competencies that will enable the offender to reintegrate into communities as productive citizens;”.

 

5.         On page 3, in line 41, to omit paragraph (k).

 

6.         On page 3, from line 55, to omit paragraph (p).

 

7.         On page 4, after line 7, to insert the following:

(v) by the substitution for the definition of “sentenced prisoners of the following definition:

’sentenced offenders’ means a convicted person sentenced to incarceration or correctional supervision;”.

 

8.         On page 4, in line 13, after "incarceration", to insert "or correctional supervision".

 

CLAUSE 2

1.         On page 4, in line 17, to omit "ensuing" and to substitute "ensuring".

 

2.         On page 4, in line 20, to omit "offenders and persons subject to community corrections" and to substitute "sentenced offenders [and persons subject to community corrections]".

 

CLAUSE 7

 

1.         On page 4, in line 47, to omit "[Sentenced prisoners] Offenders" and to substitute "Sentenced [prisoners] offenders".

 

2.         On page 5, in line 9, to omit "offenders" and to substitute "each other".

 

CLAUSE 13

1.         On page 5, in line 37, after "(7)" to insert "(a)".

 

2.         On page 5, in line 39, to omit "inmates" and to substitute "sentenced offenders".

 

3.         On page 5, in line 39, to omit "inmates" and to substitute "sentenced offenders".

 

4.         On page 5, in line 40, to omit "and".

 

5.         On page 5, after line 40, to insert the following:

                                    "(b)       Organisations and denominations referred to in paragraph (a) must be registered with the Department and members thereof maybe screened by the National Commissioner before they can be allowed to interact with sentenced offenders.".

 

CLAUSE 17

1.         On page 6, from line 39, to omit "Awaiting trial detainees or sentenced offenders" and to substitute "Persons awaiting trial or sentence".

 

CLAUSE 20

1.         On page 7, in line 3, to omit "by the substitution for subsections (1) and (3), respectively of the following subsections:  "and to substitute "—".

 

2.         On page 7, after line 4, to insert the following:

"(a)       by the substitution for subsection (1) of the following subsection:".

 

3.         On page 7, in line 7, after "age", to insert "or until such time that the child can be appropriately placed taking into consideration the best interest of the child".

 

4.         On page 7, after line 7, to insert the following:

(b)        by the insertion after subsection (1) of the following subsection:

                        "(1A)     Upon admission of such a female inmate the Department must, immediately, in conjunction with the Department of Social Development, facilitate the process for the proper placement of such a child.".

 

5.         On page 7, after line 7, to insert the following:

"(c)       by the substitution for subsection (3) of the following subsection:"

 

6.         On page 7, in line 8, before (3) to insert a quote.

 

CLAUSE 24

1.         On page 7, from line 34, to omit:

"(d)       [in the case of serious or repeated infringements, solitary confinement] detention in a single cell for a period not exceeding 30 days.".

 

and to substitute:

 

"(d)       in the case of serious or repeated infringements, segregation in order to undergo specific programmes aimed at correcting his or her behaviour, with a loss of gratuity and restriction of amenities as contemplated in paragraphs (b) and (d).”.

 

2.         On page 7, in line 42, to omit ", and" and to substitute "." .

 

3.         On page 7, in line 43, to omit paragraph (f).

 

CLAUSE 25

1.         Clause rejected.

 

NEW CLAUSE

1.         That the following be a new clause:

 

Repeal of section 25 of Act 111 of 1998

 

            25.        Section 25 of the principal Act is hereby repealed.

 

CLAUSE 27

1.         On page 8, in line 35, to omit "a correctional medical officer" and to substitute with "a correctional medical [officer] practitioner".

 

CLAUSE 30

1.         On page 9, from line 4, to omit paragraph (a) and to substitute the following:

"(a)       by the substitution in subsection (1) for paragraph (b) of the following paragraph:

(b)        to give effect to the penalty of the restriction of the amenities imposed in terms of section 24(3)(c) [or], 5(c) or 5(d) to the extent necessary to achieve this objective;".

 

CLAUSE 31

1.         On page 9, from line 19, to omit "[a prisoner is in solitary confinement or in segregation] an inmate is detained in a single cell" and to substitute “[a prisoner is in solitary confinement or] an inmate is in segregation.”.

 

CLAUSE 32

1.         On page 9, from line 33, to omit "by the substitution for subsections (1) and (5), respectively, of the following subsections:”  and to substitute "—".

 

2.         On page 9, after line 34, to insert the following:

"(a)       by the substitution for subsection (1) of the following subsection:"

 

3.         On page 9, in line 46, after "." to insert " " ".

 

4.         On page 9, after line 46, to insert the following:

"(b)       by the substitution for subsection (5) of the following subsection:"

 

5.         On page 9, in line 47, before "(5)" to insert " " ".

 

6.         On page 9, after line 49, to insert the following:

"(c)       by the addition after subsection (5) of the following subsection:

                        (6)        All instances of use of force in terms of subsections (2) and (3) must be reported to the Inspecting Judge, immediately.".

 

CLAUSE 35

1.         On page 10, in line 30, after "correctional", to insert "sentence".

 

                                                            CLAUSE 36

 

1.                   On page 10 in line 46, to omit “inmates”.

2.                   On page 10, in line 46, after “future”, to insert “of persons sentenced to incarceration of more than 24 months”.

3.                   On page 10, in line 51, after “the”, to insert “”sentenced”.

4.                   On page 10, in line 54, after “the”, to insert “sentenced”.

5.                   On page 10, in line 56, after “the”, to insert “sentenced”.

6.                   On page 11, in line 2, after “the”, to insert “sentenced

 

CLAUSE 38

1.                   On page 11, in line 18, to omit “[sentenced prisoners]” and to substitute “sentenced [prisoners]

2.                   On page 11, in line 20, after [prisoner], to insert “sentenced

3.                   On page 11, in line 23, to omit "market-related".

4.                   On page 11, in line 25, to omit “[A sentenced prisoner] An” and to substitute “A sentenced [prisoner]

5.                   On page 11, in line 27, to omit “[A sentenced prisoner] An” and to substitute “A sentenced [prisoner]”

6.                   On page 11, in line 30, to omit “an” and to substitute “a sentenced

7.                   On page 11, in line 32, to omit “an” and to substitute “a sentenced

8.                   On page 11, in line 38, after [prisoners’], to insert “a sentenced

9.                   On page 11, in line 43, to omit “An” and to substitute “A sentenced

10.               On page 1, in line 45, to omit “an” and to substitute “a sentenced”.

 

CLAUSE 39

1.         On page 12, from line 6, to omit "[sentenced prisoners] and to substitute sentenced [prisoners].

 

2.         On page 12, in line 8, to omit “[sentenced prisoners] Offenders" and to substitute "Sentenced [prisoners] offenders".

 

3.         On page 12, in line 13, to omit "[sentenced prisoners] and to substitute sentenced [prisoners].

 

4.         On page 12, from line 16, to omit “[sentenced prisoners]” and to substitute “sentenced [prisoners]”.

 

5.         On page 12, in line 18, to omit “[Sentenced prisoners] Offenders" and to substitute "Sentenced [prisoners] offenders".

 

7.                   On page 12, in line 21, to omit “[Sentenced prisoners] Offenders” and to substitute "Sentenced [prisoners] offenders".

 

CLAUSE 40

 

1.                   On page 12, in line 37, after “[prisoners]”, to insert “sentenced”

2.                   On page 12, in line 38, after “[prisoner]”, to insert “sentenced

3.                   On page 12, in line 40, after “[prisoners]”, to insert “sentenced

4.                   On page 12, in line 43, to omit “an” and to substitute “a sentenced

5.                   On page 12, in line 47, to omit “[sentenced prisoners]” and to substitute “sentenced [prisoner]”

6.                   On page 12, in line 52, after “[prisoner]”, to insert “sentenced

7.                   On page 12, in line 54, after “[prisoner]”, to insert “sentenced

8.                   On page 13, in line 3, to omit “an” and to substitute “sentenced

9.                   On page 13, in line 5, after “[prisoner]”, to insert “sentenced”.

10.               On page 13, in line 8, after “[prisoner]”, to insert “sentenced

11.               On page 13, in line 10, after “[prisoner]”, to insert “sentenced”

12.               On page 13, in line 12, to omit “prisoner” and to substitute “[prisoner] sentenced offender

13.               On page 13, in line 15, to omit “prisoner’s” and to substitute “[prisoner’s] sentenced

14.               On page 13, in line 19, after “[prisoner], to insert “ sentenced

15.               On page 13, in line 25, after “[prisoner]”, to insert “sentenced”.

 

CLAUSE 41

1.         On page 13, in line 36, to omit "[A sentenced prisoner] An offender" and to substitute "A sentenced [prisoner] offender".

 

2.         On page 13, in line 40, to omit "an" and to substitute "a sentenced".

 

3.         On page 13, in line 41, to omit "An" and to substitute "A sentenced".

 

4.         On page 13, in line 42, to omit "officer" and to substitute "[officer] practitioner".

 

5.         On page 13, in line 42, to omit "an" and to substitute "a sentenced".

 

6          On page 13, in line 43, to omit "correctional".

 

7.         On page 13, in line 44, after "[prisoner]" to insert "sentenced".

 

8.                   On page 13, in line 45, to omit "correctional medical officer and to substitute "correctional medical [officer] practitioner".

 

CLAUSE 42

1. On page 13, from line 52, to omit “[a sentenced prisoner] an” and to substitute, “a sentenced [prisoner]”.

2.         On page 13, in line 55, to omit “[offender]” and to substitute “[sentenced offender]”.

CLAUSE 43

 

1.  On page 14, in line 4, after “[prisoner]” to insert “sentenced”.

 

2.  On page 14, in line 7, to omit “an” to substitute “a sentenced”.

 

3.  On page 14, in line, 10 to omit “[sentenced prisoners]” and to substitute “sentenced [prisoners]”.

 

4. On page 14, in, in line 12, to omit “officer” and to substitute “[officer] practitioner”.

 

5.  On page 14, in line 13, to omit “an” to substitute “sentenced”.

 

CLAUSE 44

 

1.  On page 14 line 20 omit “No unsentenced [prisoner] offender on awaiting trial “detainee” and substitute with “a person awaiting trial or sentence may be-

 

2.  On page 14 line 22 omit “such unsentenced offenders on awaiting trial detainee” and substitute with “person”.

 

 

CLAUSE 45

 

1. On page 14, in line 31 to substitute “inmates” with sentenced offenders.

 

2.  On page 14, in line 40 to omit ‘or when they no longer pose a threat to society or the law.”

 

CALUSE 46

 

1.  On page 14, in line 46 to insert sentenced before offender.

 

CLAUSE 47

 

1.  On page 15, in line 5 omit the word [a court] and substitute with “a court”.

 

2.  On page 15, in line 10-13 to omit paragraph (b).

 

3.  On page 15, in line 17, to omit “person concerned” and to substitute “sentenced offenders”.

 

4. On page 15, in line 20 to omit “where possible”.

 

5.  On page 15, in line 23, to omit “corrections and care” as well as [support] and substitute with “support”.

 

 

 

CLAUSE 48

 

1.  On page 15, line 33,  to omit “[offender]” and to substitute “[sentenced offender]”,

 

CLAUSE 49

 

1.  On page 15, line 40, to omit “offender” and to substitute “offender” with “inmate”.

 

CLAUSE 50

 

1.  Clause rejected.

 

CLAUSE 52

 

1.  Clause rejected.

 

CLAUSE 53

 

1.  On page 16, in line 20 and 21 to omit “[Correctional Supervision and Parole Board] and to substitute “Correctional Supervision and Parole Board.”.

 

CLAUSE 56

 

1.  On page 16, in line 46, to omit the word “an” and substitute it with “a sentenced”.

 

2.  On page 16, in line 48, to omit “an” and substitute it with “a sentenced”.

 

3.  On page 16 in line 48 to omit “an” and substitute it with “sentenced” after [prisoner].

 

4.  On page 16, in line 51 to insert “sentenced” after [prisoner].

 

5.  On page 17 in line 3, to omit “[officer]” and substitute it with “practitioner”.

 

6.  On page 17 in line 4, to omit “An” and substitute it with “A sentenced”.

 

7.  On page 17 in line 9, to omit “an” and substitute it with “a sentenced”.

 

8.  On page 17 in line 15, to omit “an” and substitute it with “a sentenced”.

 

9.  On page 17 in line 19, to omit “an” and substitute it with “a sentenced”.

 

10.  On page 17 in line 26, to omit “an” and substitute it with “a sentenced”.

 

11.  On page 17 in line 28, to insert “sentenced” after [prisoner].

 

12. On page 17, from line 32, to omit “the Minister, in consultation with the National Council and” and to substitute “the National Council.”

 

13. On page 17, in line 34, after “73A” to insert “and after having been ratified by the Minister.”.

 

13. On page 17, from line 41, to omit “the Minister, in consultation with the National Council and” and to substitute “National Council.”

 

14. On page 17, in line 43, after “73A” to insert “and after having been ratified by the Minister.”.

 

15.  On page 17, from line 54, to omit “the Minister, in consultation with the National Council and” and to substitute “National Council.”.

 

16. On page 17, in line 56, after “73A” to insert “and after having been ratified by the Minister.”.

17.  On page 18, from line 1, to omit “the Minister in consultation with the National Council and” and to substitute “the National Council.”.

 

18. On page 18, in line 3, after “73A” to insert “and after having been ratified by the Minister.”.

 

19.  On page 18, from line 7, to omit “the Minister in consultation with the National Council and” and to substitute “the National Council.”.

 

20. On page 18, in line 9, after “73A” to insert “and after having been ratified by the Minister.”.

 

21.  On page 18, from line 12, to omit “the Minister in consultation with the National Council and” and to substitute “the National Council.”

 

22. On page 18, in line 14, after “73A” to insert “and after having been ratified by the Minister.”.

 

23. On page 18, from line 23, to omit “the Minister in consultation with the National Council and” and to substitute “the National Council.”

 

24. On page 18, in line 25, after “73A” to insert “and after having been ratified by the Minister.”.

 

25.  On page 18, from line 36, to omit “the Minister in consultation with the National Council and” and to substitute “the National Council.”

 

26.  On page 18, in line 38, after “73A” to insert “and after having been ratified by the Minister.”.

 

27. On page 18, in line 40, to omit “, unless [the court has directed otherwise]” and to substitute “[, unless the court has directed otherwise] ”.

   

28.  On page 18, in line 41, to omit “such sentence” and to substitute ‘:Provided that the sentence contemplated in subparagraph (i).”.

 

 

CLAUSE 57

 

1.  On page 18, in line 47, to omit “The Minister must, in consultation with the National Council, by notice in the Gazette determine minimum periods for which offenders must be considered for placement under community corrections,” and to substitute “The National Council must, in the prescribed manner, and in consultation with the National Commissioner determine minimum periods for which sentenced offenders must be incarcerated before being considered for placement under community corrections.”

 

2.  On page 18, in line 51, after “framework” to insert “after having been ratified by the Minister”.

 

3.  On page 18, in line 55 to insert “sentenced” before “offender”.

 

4.  On page 18, in line 59 to insert “sentenced” before “offender”.

 

CLAUSE 59

 

1.  On page 19, in line 26 to insert “sentenced” before “offender”.

 

2.  On page 19, in line 32 to insert “sentenced” before “offender”.

 

3.  On page 19, in line 36 to insert “sentenced” before “offender”.

 

4.  On page 19, in line 49 to insert “sentenced” before “offender”.

 

5.  On page 19 in line 56, to omit “an” and substitute it with “a sentenced”.

 

6.  On page 20, in line 3 and 4 to omit “Inspector General for Correctional Services” and to substitute “Inspecting Judge”.

7.  On page 20, in line 7 to insert “sentenced” before “offender”.

 

 

 

            CLAUSE 61

 

1.  On page 20, in lines 19 and 20 to omit “Inspector General for Correctional Services” and substitute “Inspecting Judge”.

 

2.  On page 20, in line 20 to omit “inmate” and to substitute it with “a sentenced”.

 

CLAUSE 62

 

1.  On page 20, in line 30 to omit “an” and to substitute it with “a sentenced”.

 

2.  On page 20, in line 36 to insert “sentenced” before “offender”.

 

CLAUSE 63

 

1.  On page 21, in lines 8 and 9 to omit “as not being capable of committing a crime in future.”

 

CLAUSE 64

 

1.  On page 21, in line 17, to omit “an” and substitute it with “a sentenced”.

 

2.  On page 21, in line 18, to omit “an” and substitute it with “a sentenced”.

 

3.  On page 21, in line 23, to insert “sentenced” before “offender”.

 

 

 

CLAUSE 65

 

1.       On page 21, in line 31, after “[prisoner]” to insert “sentenced”.

 

2.       On page 21, in line 31, after “[prisoners]” to insert “sentenced”.

 

3.       On page 21, in line 35, after “[prisoners]” to insert “sentenced”.

 

CLAUSE 66

 

1.       On page 21, in line 41, to omit “[sentenced prisoner]” and to substitute “sentenced [prisoner]”.

 

2.       On page 21, in line 43, after “[prisoner]” to insert “sentenced”.

 

3.       On page 21, in line 44, to omit “an” and to substitute “a sentenced”.

 

4.       On page 21, in line 45, after “[prisoner’s]” to insert “sentenced”.

 

CLAUSE 68

 

1.       On page 22, from line 8 to omit “[JUDICIAL INSPECTORATE] OFFICE OF THE INSPECTOR-GENERAL” and to substitute “JUDICIAL INSPECTORATE”.

 

CLAUSE 69

 

  1. On page 22, from line 12, to omit “[Judicial Inspectorate] Office of the Inspector-General” and to substitute “Judicial Inspectorate”.

 

  1. On page 22, from line 14, to omit “[Judicial Inspectorate of prisons] Office of the Inspector-General” and to substitute “Judicial Inspectorate [of prisons]”.

 

  1. On page 22, from line 16, to omit “[Inspecting Judge] Inspector-General for Correctional Services” and to substitute “Inspecting Judge”.

 

  1. On page 22, from line 18 to omit “[Judicial Inspectorate] Office of the Inspector-General” and to substitute “Judicial Inspectorate”.

 

  1. On page 22, from line 20 to omit “[Inspecting Judge] Inspector-General for Correctional Services” and to substitute “Inspecting Judge”.

 

 

CLAUSE 70

 

1.       Clause rejected.

 

CLAUSE 72

 

1.   Clause rejected.

 

NEW CLAUSE

 

1.       That the following be the new clause:

 

Insertion of section 88A in Act 111 of 1998

 

73. The following section is hereby inserted in the principal Act after section 88:

 

“Appointment of the Chief Executive Officer.

 

88A (1) The National Commissioner must, in consultation with the Inspecting Judge and the Director-General of the Department of Public Service and Administration,  appoint a suitably qualified and experienced person as Chief Executive Officer, who –

 

(a)                 is responsible for all administrative, financial and clerical functions of the Office of the Inspecting Judge;

 

(b)                 is accountable to the National Commissioner of the Department for all the monies received by the Office of the Inspecting Judge; and

 

(c)                 is under his or her control and authority.

 

(2)   The salary and conditions of service of the Chief Executive Officer must be determined by the National Commissioner and the Director-General of the Department of Public Service and Administration, in consultation with the Minister of Finance and on the recommendation of the Inspecting Judge.”.

 

CLAUSE 73

 

1.   Clause rejected.

 

 

 

NEW CLAUSE

 

  1. That the following be the new clause:

 

Substitution of section 89 of Act 111 of 1998, as amended by section 32 of Act 32 of 2001

 

74. The following section is hereby substituted for section 89 of the principal Act:

 

 

“Appointment of staff and Assistants.

 

89. (1) The Chief Executive Officer must appoint staff as may be necessary to enable the Judicial Inspectorate for Correctional Services to perform its functions in terms of this Act.

 

(2)   The conditions of service including salaries and allowances of such staff are regulated in terms of the Public Service Act.

 

(3)   (a)The Chief Executive Officer must appoint one or more persons with legal, medical, penological or any other expertise as assistants  and as may be required by the Inspecting Judge from time to time, to assist the Inspecting Judge with any specialized aspect of inspection or investigation.

 

      (b) Such persons must be appointed for a fixed period or until the completion of a specific task.

 

(c) The remuneration of such persons must be determined in accordance with the Public Service Act.

 

(d) Such persons must perform such functions as authorized and directed by the Inspecting Judge.”.

 

CLAUSE 74

 

1.                   Clause rejected.

 

CLAUSE 75

 

1.              On page 23, in line 37, after “(1)” to omit “The [Inspecting Judge]” and to substitute, “At the request of and in consultation with [The] the Inspecting Judge, the”.

 

2.              On page 23, in line 43, to omit “after” and to substitute “in”.

 

CLAUSE 76

 

1.        On page 24, in line 6, after “[prisoners]”, to insert “sentenced”.

 

CLAUSE 79

 

 

1. On page 25, from line 17, to omit “Inspector-General for Correctional Services” and to substitute for “Inspecting Judge”

 

 

CLAUSE 81

 

1.  On page 25, in line 45, to omit “persons”, and to substitute “[persons] sentenced offenders”.

 

CLAUSE 84

 

1. On page 26, in line 36, to omit “offender or offenders” and to substitute “sentenced offender or sentenced offenders”.         

 

CLAUSE 85

 

1.       On page 26, in line 39, to omit “offender or offenders” and to substitute “sentenced offender or sentenced offenders”.

 

CLAUSE 94

 

1.  On page 27, in line 31, after “prescribed”, to insert “sentenced”.

 

CLAUSE 95

 

1.  On page 27, in line 40, after “[prisoner] to insert “sentenced”.

 

 

 

 


CLAUSE 96

 

1.  On page 28, in line 7, after “[prisoner] to insert “sentenced”.

 

2.       On page 28, in line 32, to omit “offender” and to substitute “sentenced offender”.

 

3.       On page 28, after line 39, to insert the following:

 

 “(n) by the insertion after paragraph (kkH) of the following paragraph:

 

(kkI) the minimum periods for which sentenced offenders must be incarcerated, as contemplated in section 73A: Provided that the Minister must submit the draft regulation to Parliament for approval”.

 

 

 

CLAUSE 98

 

1.       On page 29, in line 17, to omit “correctional medical officer” and to substitute “correctional medical practitioner”.

 

2.       On page 29, in line 21, to omit “offender” and to substitute “sentenced offender”.

 

3.       On page 29, in line 22, to omit “offenders” and to substitute “sentenced offender”.

 

CLAUSE 99

 

1.   On page 29, in line 24, after “short title”, to insert “and commencement”.

 

2.   On page 29, in line 25, to omit “97” and to substitute “99(1)”.

 

3.   On page 29, in line 25, after “2007”, to insert “and comes into operation on a date fixed by the President by proclamation in the Gazette”.

 

4.   On page 29, after line 25, to insert the following:

 

       “Different dates may be fixed under subsection (1) in respect of different provisions of this Act.”.