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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Correctional Services Act, No. 111 of 1998

Long title


To provide for a correctional system; the establishment, functions and control of the Department of Correctional Services; the custody of all prisoners under conditions of human dignity; the rights and obligations of sentenced offenders; the rights and obligations of unsentenced offenders; a system of community corrections; release from correctional centre and placement under correctional supervision, on day parole and parole; a National Council for Correctional Services; a Judicial Inspectorate; Independent Correctional Centre Visitors; an internal service evaluation; officials of the Department; public-private partnership correctional centres; penalties for offences; the repeal and amendment of certain laws; and matters connected therewith.

Table of contents

SECTION TITLE

PREAMBLE

TABLE OF CONTENTS

CHAPTER I. DEFINITIONS
1. Definitions

CHAPTER II. INTRODUCTION
2. Purpose of correctional system
3. Establishment, functions and control of Department

CHAPTER III. CUSTODY OF ALL INMATES UNDER CONDITIONS OF HUMAN DIGNITY [...Title amended by Act 2008_025_003_20081111 - was entitled "Custody of all prisoners under conditions of human dignity"]

Part A. General requirements
4. Approach to safe custody
5. Establishment of correctional centres [...Title amended by Act 2008_025_086(a)_20081111 - was entitled "Establishment of prisons"]
6. Admission
7. Accommodation
8. Nutrition
9. Hygiene
10. Clothing and bedding
11. Exercise
12. Health care
13. Contact with community
14. Religion, belief and opinion
15. Death in Correctional Centre [...Title amended by Act 2008_025_086(a)_20081111 - was entitled "Death in prison"]
16. Correction, development and care programmes and services [...Title amended by Act 2008_025_012(a)_20081111 - was entitled "Development and support services"]
17. Access to legal advice
18. Reading material
19. Children
20. Mothers of young children
21. Complaints and requests

Part B. Discipline
22. General
23. Disciplinary infringements
24. Procedures and penalties
25. ... [...repealed by Act 2008_025_019_20081111 - was entitled "Solitary confinement"]

Part C. Security
26. Safe custody
27. Searches
28. Identification
29. Security classification
30. Segregation
31. Mechanical restraints
32. Use of force
33. Non-lethal incapacitating devices
34. Firearms
35. Other weapons

CHAPTER IV. SENTENCED OFFENDERS [...Title amended by Act 2008_025_086(a)_20081111 - was entitled "Sentenced prisoners"]
36. Objective of implementation of sentence of incarceration [ ...Title amended by Act 2008_025_086(a)_20081111 - was entitled "Objective of implementation of sentence of imprisonment"]
37. General principles
38. Assessment
39. Commencement, computation and termination of sentences
40. Labour of [ [ sentenced ] ] offenders [..Title amended by Act 2008_025_032_20081111 - .was entitled "Labour of sentenced prisoners"] [..Title amended by Act 2008_025_086(a) and (b)_20081111 - was entitled "Labour of sentenced offenders"\
41. Treatment, development and support services
42. Case Management Committee
43. Location and transfer of sentenced offenders  [...Title amended by Act 2008_025_086(b)_20081111 - was entitled "Location and transfer of sentenced prisoners"]
44. Temporary leave
45. Placement and release

CHAPTER V. MANAGEMENT, SAFE CUSTODY AND WELL-BEING OF REMAND DETAINEES [... Title amended by Act 2008_025_086(a)_20081111 - was entitled "Unsentenced prisoners"] [... Title amended by Act 2011_005_009_20110525 - was entitled "Unsentenced offenders"]
46. Management, safe custody and well-being of remand detainees [...Title amended by Act 2011_005_018_20010525 - was entitled "General principles"]
47. Food and drink [...Title amended by Act 2011_005_018_20010525 - was entitled "Clothing"]
48. Clothing [...Title amended by Act 2011_005_018_20010525 - was entitled "Food and drink"]
49. Safekeeping of information and records [...Title amended by Act Act 2011_005_018_20010525 - was entitled "Visitors and communication"]
49A. Pregnant women [...inserted by Act 2011_005_009_20110525]
49B. Disabled remand detainees [...inserted by Act 2011_005_009_20110525]
49C. Aged remand detainees [...inserted by Act 2011_005_009_20110525]
49D. Mentally ill remand detainees [...inserted by Act 2011_005_009_20110525]
49E. Referral of terminally ill or severely incapacitated remand detainees to court [...inserted by Act 2011_005_009_20110525]
49F. Release under supervision of South African Police Service [...inserted by Act 2011_005_009_20110525]
49G. Maximum incarceration period [...inserted by Act 2011_005_009_20110525]

CHAPTER VI. COMMUNITY CORRECTIONS
50. Objectives of community corrections
51. Persons subject to community corrections
52. Conditions relating to community corrections
53. Serving of community corrections
54. Day parole
55. Commencement
56. Medical examination
57. Supervision
58. Supervision Committee
59. House detention
60. Community service
61. Seeking employment
62. Employment
63. Compensation
64. Programmes
65. Contribution to costs
66. Fixed address
67. Use of alcohol or illegal drugs [... Title amended by Act 2008_025_044_20081111 - was entitled "Use or abuse of alcohol or drugs"]
68. Monitoring
69. Additional conditions for children
70. Non-compliance
71. Change of conditions
72. Complaints and requests

CHAPTER VII. RELEASE FROM CORRECTIONAL CENTRE AND PLACEMENT UNDER CORRECTIONAL SUPERVISION AND ON DAY PAROLE AND PAROLE [...Title amended by Act 2008_025_086(a)_20081111 - was entitled "CHAPTER VII. RELEASE FROM PRISON AND PLACEMENT UNDER CORRECTIONAL SUPERVISION AND ON DAY PAROLE AND PAROLE"]
73. Length and form of sentences [See Commentary]
73A. Incarceration framework [...inserted by Act 2008_025_049_20081111]  [See Commentary]
74. Correctional Supervision and Parole Boards
75. Powers, functions and duties of Correctional Supervision and Parole Boards
76. Correctional Supervision and Parole Review Board
77. Powers of Correctional Supervision and Parole Review Board in respect of cases decided by Correctional Supervision and Parole Board
78. Powers of Minister in respect of offenders serving life sentences [...Title amended by Act 2008_025_078_20081111 - was entitled "Powers of court in respect of prisoners serving life sentences"]
79. Medical parole [...Title substituted by Ac 2011_005_014_20110525 - was entitled "Correctional supervision or parole on medical grounds"] 
80. Special remission of sentence for highly meritorious service
81. Special measures for reduction of correctional centre population [...Title amended by Act 2008_025_086(a)_20081111 - was entitled "Special measures for reduction of prison population"]
82. Powers of President

CHAPTER VIII. NATIONAL COUNCIL FOR CORRECTIONAL SERVICES
83. Structure of National Council
84. Functions and duties of National Council

CHAPTER IX. THE JUDICIAL INSPECTORATE FOR CORRECTIONAL SERVICES [...Title amended by Act 2008_025_060_20081111 - was entitled "THE JUDICIAL INSPECTORATE"]
85. Establishment of Judicial Inspectorate for Correctional Services [..Title amended by Act Act 2008_025_061_20081111 - was entitled "Establishment of Judicial Inspectorate"]
86. Inspecting Judge
87. ... [...repealed by Act 2008_025_062_20081111...was entitled "Appointment of Assistants"]
88. Conditions of service of retired judges
88A. Appointment of the Chief Executive Officer [...inserted by Act 2008_025_063_20081111]
89. Appointment of staff and Assistants [...amended by Act 2008_025_064_20081111 by way of unmarked omission - was entitled "Inspectors and staff"]
90. Powers, functions and duties of Inspecting Judge
91. Expenses of Judicial Inspectorate

CHAPTER X. INDEPENDENT CORRECTIONAL CENTRE VISITORS**  [...Title amended by Act 2008_025_086(a)_20081111] - was "CHAPTER X. INDEPENDENT PRISON VISITOR"]
92. Appointment of Independent Correctional Centre Visitors [...Title amended by Act 2008_025_086(a)_20081111 - was entitled "Appointment of Independent Prison Visitor"]
93. Powers, functions and duties of Independent Correctional Centre Visitor [...Title amended by Act 2008_025_086(a)_20081111 - was entitled "Powers, functions and duties of Independent Prison Visitor"]
94. Visitors’ Committee

CHAPTER XI. COMPLIANCE MANAGEMENT [...Title amended by 2001_032_033_20011214 - was entitled "Internal Service Evaluation"] [...Title amended by Act 2008_025_068_200811111 - was entitled "Internal Service Evaluation and Eradication and Prevention of Corruption"]
95. Compliance monitoring [...Title amended by Act 2008_025_069_20081111 - was entitled "Objectives and functions of internal service evaluation"]
95A. Departmental Investigating Unit [...inserted by Act 2008_025_070_20081111]
95B. Code enforcement [...inserted by Act 2008_025_070_20081111]
95C. Report of National Commissioner [...inserted by Act 2008_025_070_20081111] [...Title amended by Act 2008_025_086(a)_20081111 - was entitled "Report of Commissioner"]

CHAPTER XII. OFFICIALS OF THE DEPARTMENT
96. Powers, functions and duties of correctional officials
97. Delegation of powers
98. Professionals

CHAPTER XIII. GENERAL POWERS OF ENFORCEMENT
99. Access to correctional centres [...Title amended by Act 2008_025_086(a)_20081111 - was entitled "Access to correctional centre"]
100. Arrest
101. Entry, search and seizure
102. Use of force

CHAPTER XIV. PUBLIC-PRIVATE PARTNERSHIP CORRECTIONAL CENTRE [...Title amended by Act 2008_025_086(a)_20081111 - was entitled "Joint Venture Prisons"]
103. Contracts for Public-Private partnership correctional centres [...Title amended by Act 2008_025_086(a)_20081111 - was entitled "Contracts for joint venture prisons"]
104. Duties and restrictions applying to Contractors
105. Appointment of Controller
106. Powers, functions and duties of Controller
107. Appointment of Director
108. Powers, functions and duties of Director
109. Appointment of custody officials
110. Powers and duties of custody officials
111. Preservation of confidentiality
112. National Commissioner’s powers in an emergency at public-private partnership correctional centre  [...Title amended by Act 2008_025_086(a)_20081111 - was entitled "Commissioner's powers in an emergency at joint venture prisons"]  [...Title amended by Act 2008_025_086(a)_20081111 - was entitled "National Commissioner's powers in an emergency at joint venture prisons"]

CHAPTER XV. OFFENCES
113. Interference with correctional or custody officials
114. Interference with community corrections conditions
115. Aiding escape
116. Unauthorised removal of inmate from correctional centre [...Title amended by Act 2008_025_078_20081111 - was entitled "Unauthorised removal of prisoner from prison" - see also Act 2008_025_086(a)_20081111]
117. Escaping and absconding
118. Giving or receiving money or other consideration
119. Supplying certain articles to inmates  [...Title amended by Act 2008_025_086(b)_20081111 - was entitled Supplying certain articles to prisoners"]**
120. Inmates receiving or sending articles  [...Title amended by Act 2008_025_086(b)_20081111 - was entitled "Prisoners receiving or sending articles"]**
121. Selling or supplying articles to inmates  [...Title amended by Act 2008_025_086(b)_20081111 - was entitled "Selling or supplying articles to prisoners]**
122. Unauthorised entry at correctional centres and communication or interference with inmates  [...amended by Act 2008_025_086(a)_20081111 - was entitled "Unauthorised entry at prisons and communication or interference with prisoners"]  [...Title amended by Act 2008_025_086(b)_20081111 - was entitled "Unauthorised entry at correctional centres and communication or interference with prisoners"]**
123. Prohibited publication
124. Unauthorised wearing of departmental dress or insignia or prescribed sentenced offender dress [...Title amended by Act 2008_025_081_20081111 - was entitled "Unauthorised wearing of departmental dress or insignia"]
125. Masquerading as an official
126. False representations
127. Unauthorised disclosure of information
128. ... [... deleted by Act 2020_019_058_20210601 Sch - was entitled "Unauthorised access to or modification of computer material"] 
128A.Falsifying identification [...inserted by Act 2011_005_016_20110525]
129. Indirect complicity

CHAPTER XVI. GENERAL
130. ... [...repealed by Act 2002_040_002_20021128 - was entitled “Limitation on legal proceedings”]
131. Liability for patrimonial loss arising from performance of service by persons under community corrections
132. Establishment, management and exemption from certain monies of facilities at correctional centres [...Title amended by Act 2008_025_086(a)_20081111 - was entitled "Establishment, management and exemption from certain monies of facilities at prisons"]
133. Agreements for articles, supplies and services
134. Regulations
135. State bound by Act
136. Transitional provisions [...Title amended by Act 2001_032_042_20011214 by way if unmarked omission and unmarked insertion - was entitled “Transitional provision”]
137. Repeal of laws
138. Short title and commencement

SCHEDULE. LAWS AMENDED BY SECTION 137 [...Title amended by Act 2001_032_043_20011214 - was entitled “Laws amended by section 136]

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