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
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
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.”.