Mandating Procedures of Provinces Act, 2008
R 385
Mental Health Care Act, 2002 (Act No. 17 of 2002)Chapter VII : Mentally Ill Prisoners55. Periodic reviews of mental health status of mentally ill prisoners |
| (1) | The head of a health establishment in which a mentally ill prisoner is detained must cause the mental health status of that mentally ill prisoner to be reviewed every six months from the date on which the prisoner was received in that health establishment . |
| (2) | The review must – |
| (a) | specify the mental health status of the mentally ill prisoner; and |
| (b) | set out recommendations regarding – |
| (i) | a plan for further care, treatment' and rehabilitation services for the mentally ill prisoner; and |
| (ii) | the merits of returning the mentally ill prisoner to the prison from which the prisoner was initially transferred. |
| (3) | The head of the health establishment must submit a summary report of the review to the – |
| (a) | Review Board; |
| (b) | relevant magistrate; |
| (c) | administrator, if appointed; and |
| (d) | head of the relevant prison. |
| (4) | Within 30 days after receipt of the report, the Review Board – |
| (a) | may consult with any person who may have information concerning the mental status of the prisoner concerned; |
| (b) | must make recommendations regarding – |
| (i) | a plan for further care, treatment and rehabilitation of the mentally ill prisoner concerned; and |
| (ii) | the return of that prisoner to the prison from which the prisoner was initially transferred; and |
| (c) | must send a written notice of its recommendation and the reasons for such recommendation to the mentally ill prisoner, the administrator if appointed, the head of the relevant health establishment, the head of the national department and the magistrate concerned. |
