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Prevention of and Treatment for Substance Abuse Act, 2008 (Act No. 70 of 2008)

Chapter 8 : Admission, Transfer and Referral to Treatment Centre

44. Transfer of involuntary service user from prison, child and youth care centre, alternative care or health establishment to public treatment centre

 

(1) Subject to subsection (2) and despite anything to the contrary contained in any other law or—
(a) in the Correctional Services Act, 1998 (Act No. 111 of 1998), the Minister of Correctional Services may, in consultation with the Minister and by order in writing, transfer to a public treatment centre designated by the Minister any person who is undergoing a term of imprisonment in any prison which is subject to the provisions of the said Act;
(b) in the Children's Act, the Minister may, by order in writing, transfer to a public treatment centre any child who is placed in a child and youth care centre or in alternative care; or
(c) in the Mental Health Care Act, the Minister of Health may, in consultation with the Minister and by order in writing, transfer any mental health care user in a health establishment to a public treatment centre designated by the Minister.

 

(2) No person may be transferred unless—
(a) it is desirable that such person should, before he or she is returned to the community, receive or undergo treatment or skills development in a public treatment centre; and
(b) such person is likely to benefit from the particular kind of treatment and skills development provided in the public treatment centre.

 

(3) A person transferred to a public treatment centre in terms of subsection (1) must, subject to section 45(1), be regarded as having been discharged from the provisions of the Act governing the facility from which he or she was transferred and is subject, with the changes required by the context, to all the provisions of this Act as if he or she had in the first instance been committed to a public treatment centre under this Act.

 

(4) The Minister must, in consultation with the Ministers of Correctional Services and Health, prescribe regulations for the transfer and retransfer of persons from prison, a health establishment, public treatment centre, child and youth care centre or alternative care, as envisaged in this section and section 45.