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| act-122-1991.pdf | 3 MB |
122 of 1991
The Correctional Services and Supervision Matters Amendment Act 122 of 1991 intends:
- to extend the mission of the Department of Correctional Services and to establish correctional supervision as an alternative dispensation in lieu of prosecution or upon passing sentence;
- for that purpose to amend the Prisons Act, 1959, by the insertion of definitions of certain expressions, to replace others and to delete others;
- to extend the functions of the said Department;
- to further regulate the control of the said Department;
- to make provision for the appointment and conditions of service of the Commissioner of Correctional Services;
- to make provision for the appointment, powers, functions and duties of. correctional boards and the remuneration of certain members thereof;
- to make provision for the extension of the constitution, functions and duties of institutional committees and the remuneration of certain members thereof;
- to make provision for the establishment, constitution, powers, functions and duties of the National Advisory Council on Correctional Services and the remuneration of certain members thereof;
- to replace certain obsolete expressions;
- to further regulate membership of the reserve force of the said Department;
- to extend the period during which members of the said Department may be discharged without an enquiry;
- to make it an offence to interfere with a member of the said Department or a temporary correctional official in the performance of his functions;
- to abolish the release of prisoners on probation;
- to regulate or further regulate the contracting of agreements for the labour or service of prisoners and persons subject to correctional supervision and the sale of the products of the labour or service in any prison;
- to abolish certain measures in respect of female prisoners;
- to further regulate the payment of remuneration to prisoners;
- to make provision for the application and administration of correctional supervision as a community-based punishment;
- to make provision for the appointment, remuneration, conditions of service and functions of temporary correctional officials and voluntary workers;
- to make provision for the liability of the State for patrimonial loss arising from the performance of service by any person subject to correctional supervision;
- to extend the power of the Minister of Correctional Services to delegate certain of his powers under the said Act;
- to extend the power of the said Minister to make regulations;
- to replace the short title; and
- to replace the long title;
- to amend the Criminal Procedure Act, 1977, by the insertion of definitions of certain expressions;
- to empower an attorney-general or a prosecutor before judgment in a criminal case to reconsider the case and suspend the court proceedings so that the accused may, with his concurrence, be placed under correctional supervision on certain conditions;
- to make provision that a probation officer or correctional official and the parent or guardian of any person under the age of 18 years shall be notified of his arrest;
- to make provision that an accused who has been released on bail may be placed under the supervision of a probation officer or correctional official;
- to make provision that an accused under the age of 18 years who is in custody may, instead of being released on bail or detained in custody, be placed under the supervision of a probation officer or correctional official;
- to extend the proof of certain facts by means of an affidavit or certificate;
- to make provision that a court may impose correctional supervision, or imprisonment from which a person may be placed under correctional supervision in his discretion by the said Commissioner and vice versa, as punishment on a person convicted of an offence, and for conditions on which such punishment may be so imposed;
- to make provision for the conversion by the court, on application by the said Commissioner, of imprisonment into correctional supervision or any other proper punishment and vice versa;
- to make provision that the said Commissioner may in his discretion place a person upon whom a period of imprisonment has been imposed as an alternative to a fine, under correctional supervision under certain circumstances and vice versa;
- to make provision that any person under the age of 21 years who has been convicted of any offence may on certain conditions be placed under the supervision of a correctional official;
- to make provision for the conversion of certain orders in respect of convicted juveniles;
- to make provision that a person who has been committed to a rehabilitation centre and is found not to be fit for treatment in such a centre, may be referred back to the court for imposition of a proper sentence;
- to make provision that the passing or operation of certain sentences may be postponed or suspended, respectively, on condition that the convicted person submits himself to correctional supervision;
- to empower the Minister of Justice to make regulations so as to establish steering projects for the launching of correctional supervision as an alternative dispensation in lieu of prosecution or upon passing sentence and for that purpose to appoint an implementation committee and one or more boards to advise him in that regard; and
- to make provision for certain transitional measures; and
- to provide for matters connected therewith.
Commencement
- Various dates between 15 August 1991 and August 1993
