CORRECTIONAL SERVICES REGULATIONS

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CORRECTIONAL SERVICES REGULATIONS

• I BACKGROUND
• Act III of 1998 was assented
• to 27 November 1998
• The Act requires subordinate
• legislation

2

• Section 134(5) requires submission
• to the Committees in both houses
• Submission not for approval but
• for recommendations doctrine
• of ultra vires
• Regulations were drafted on the
• same structure as the Act
• 2

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• II CHAPTER 1 DEFINITIONS
• Deals with definitions - Only the
• terminology not already defined in
• the Act
• 3

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• III CHAPTER II CUSTODY OF
• ALL PRISONERS UNDER
• CONDITIONS OF HUMAN
• DIGNITY
• (1) Admission to prison (Reg. 2)
• Safekeeping of the possessions of
• prisoners
• Bath/Shower
• Medical examination
• Health status
• 4

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• Communicable/contagious
• diseases
• Medical assistance devices and
• medicines, emergency
• identification measures
• (2) Accommodation (Reg. 3)
• Sleeping single/communal
• general/inpatient
• 5

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• Sufficient
• Floor and cubic capacity
• Properly ventilated
• Properly lighted
• Proper ablution facilities
• Hot and cold water
• Partitioned off ablution facilities
• in communal accommodation
• Proper beds/bedding in accordance
• with climatic conditions
  
• 6

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• Separation in terms of
• Males and females
• Prescriptions as to locks and
• doors
• Security separation
• Children/Adults
• Health status separation
• 7

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• Nutrition (Reg. 4)
• Diet prescribes protein and energy
• content
• Diet prescribes major food groups
• Prescribes preparation/storage of
• food.
• 8

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• Clothing and bedding (Reg. 5)
• Sentenced prisoners must wear
• prescribed dress
• Unsentenced may use own or be
• issued with dress different to
• sentenced prisoners
• May wear religious/cultural attire
• (5) Exercise (Reg. 6)
• Certification by medical officer
• 9

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• (6) Health Care (Reg. 7)
• Primary health care be
• available
• Medical officer and dental
• practitioners should be available
• Sick prisoners be visited once
• per day
• Provisions as to own medical
• practitioner
• 10

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• Duty to inform spouse, next-of-kin
• etc. In case of hospitalisation
• No medical/scientific experimentation
• Organ donation subject to Human
• Tissue Act
• Sterilisation and abortion for medical
• reasons
• Inspections on environmental health
• conditions
• 11

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• Injury whilst in detention
• Cases under Mental Health Act to
• be transferred to an institution
• (7) Contact with community (Reg. 8)
• HOP to attend to development of
• family relationships
• Important information regarding
• family matters to be conveyed
• 12

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• Admission/Transfer family to be informed
• Communications may be scrutinised if
• Security of prison is jeopardised
• Safety of a person is jeopardised
• Criminal offence is planned
• Must be least restrictive means
• Prisoner must be informed
• 13

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• Death in prison (Reg. 9)
• Record and report
• Burial by DCS or family
• Transportation of deceased in
• certain circumstances by DCS
• (9) Development and Support Services
• (Reg. 10)
• Services to be rendered by
• qualified person
• Services must be available
• (Services Social Work, Education
• and Training and Psychological) 14

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• (10) Recreation (Reg. 11)
• Facilities as prescribed by order
• (11) Access to legal advice (Reg. 12)
• May consult legal practitioner
• Proof of identity
• Between 08h00 and 15h30
• In sight out of earshot
• Interpreter, secretary/typist
• allowed
• 15

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• (12) Reading Material (Reg. 13)
• Library at prison where
• practicable
• May receive reading material
• CO may inspect envelope/
• package
• HOP may prohibit publication,
• video, etc. if
• Security of prison/Safety of
• prisoner is threatened
• 16

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• Undermine personal dignity/
• cause humiliation on basis of
• race, gender etc.
• Legal documents not to be
• censored
• (13) Discipline Formal (Reg. 14)
• Timeframe within 14 days with
• 7 days notice
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• Provides for a case presenter
• Proceedings to be recorded
• On balance of probabilities
• Attendance of witnesses
• False statements under oath
• (14) Safe Custody (Reg. 15)
• Measures to be determined by
• Commissioner
  
• Protection against abuse/curiosity
• 18

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• (15) Searches (Reg. 16)
• Searches in terms of Section 27
• (b), (c), (d) and (e) to be
• undertaken
• in hospital or such facility
• No vomitories/enemas
• Be detained in single cell (e)
• Visited daily by HOP
• Health assessment every 4
• hours
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• (16) Identification (Reg. 17)
• Particulars to be recorded
• Fingerprints/photographs be
• taken
• (17) Mechanical restraints (Reg. 18)
• Types listed
• Procedures for use of teargas
• Transport stun belt only to be
• used outside cell
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• (18) Non-lethal incapacitating devices
• (Reg. 19)
• Types listed
• Procedures for use of teargas
• (19) Firearms (Reg. 20)
• Reporting duty
• Loading of firearms according to
• training instructions
• Adhere to general safety
• measures 21

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• (20) Other weapons (Reg. 21)
• Use restricted for purposes of
• Sections 33(3) and 34
• Must be trained
• Recording duty
• Pyrotechnical only by Emergency
• Support team
• 22

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• CHAPTER III
• SENTENCED PRISONERS
• (21) Classification (Reg. 22)
• According to security risk/
• treatment/training
• Recording duty
• Period of sentence
• Contact with family
• Reclassify
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• Labour (Reg. 23)
• Protective clothing/footwear etc.
• Contract with institutions/
• persons for labor of prisoners
• Products may be sold
• Not more then 8 hours per day
• Sunday/Religious days
• Work not in conflict with religion or culture
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• (23) Case Management Committee
• (Reg. 25)
• Composition
• Procedures
• Location and transfer (Reg. 25)
• Advance reasons/representation
• by prisoner
• Audi rule ex post facto if for
• security reasons
• Medical files/medication
• Educational/Training needs to be
• considered 25

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• CHAPTER IV UNSENTENCED PRISONERS
• (25) GENERAL (Reg. 26)
• Must perform duties to maintain
• good order and cleanliness
• 
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• CHAPTER V
• COMMUNITY CORRECTIONS
• (26) Supervision Committee (Reg. 27
• Composition
• (27) Monitoring (Reg. 28)
• Electronic devices described
• No risk to health
• In residence
• 27

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CHAPTER VI RELEASE AND PLACEMENT

• (28) Length and form of sentence
• (Reg. 29)
• Periodical imprisonment
• conditions thereof
• 
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• CHAPTER VII
• INTERNAL SERVICE EVALUATION
• (29) Departmental inspectors, investigators and
  auditors (Reg. 30)
• Appointment
• Area of jurisdiction
• Powers of access/search/seize
• 29

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• CHAPTER VIII
• HUMAN RESOURCE MATTERS
• (30) Work facilities (Reg. 31)
• Provision of housing on prison
• premises
• (31) Work hours (Reg. 32)
• Determined by Commissioner
• 30

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• (32) Discipline (Reg. 33)
• Resolution 2/2001
• (33) Emergency work (Reg. 34)
• May be required to perform
• (34) Medical examination (Reg. 35)
• To ascertain for medical unfitness
• (35) Medical Board Proceedings (Reg. 36)
• Provides for medical unfitness
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• (36) Leave (Reg. 37)
• Different categories
• (37) Facilities fund (Reg. 38)
• Board of Trustees
• Purpose
• Promotion of grants and loans
• Clubs for sport and recreation
• Holiday resorts
• Study and research 32

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• (38) Departmental canteens (Reg. 39)
• Committee
• For whose benefit
• (39) Searching of correctional officials
• (Reg. 40)
• (40) Refusal of admission to a prison
• (Reg. 41)
• In case of obstruction forcibly
• removed
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• (41) Access to prison (Reg. 42)
• Healthcare workers
• Environmental health officers
• Persons with statutory
• inspecting authority
• 34