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Correctional Services Act, 1998 (Act No. 111 of 1998)

Chapter VII : Release from a Correctional Centre and Placement under Correctional Supervision and on Day Parole and Parole

73A. Incarceration framework

 

1) The National Council must, in consultation with the National Commissioner-
a) determine minimum periods for which sentenced offenders must be incarcerated before being considered for placement under community corrections; and
b) develop a framework (hereinafter referred to as ‘the incarceration framework’) in terms of which such minimum periods will be determined.

 

2) The incarceration framework-
a) must prescribe sufficient periods in custody to indicate the seriousness of the offences;
b) must apply to all sentenced offenders generally;
c) must provide for consistent application of its provisions;
d) may provide for different periods in relation to the same offence, depending on the measure of good behaviour or co-operation of a sentenced offender during incarceration; and
e) may provide for any ancillary or incidental administrative matter necessary for the proper implantation or administration of the incarceration framework.

 

3) The incarceration framework may not be applied in a manner that would be in conflict with any other law or any direction given or decision made by a court of law.

 

4) The incarceration framework must be ratified by the Minister.

 

5) If the Minister ratifies the incarceration framework, he or she must submit it to the relevant Parliamentary Committees on Correctional Services for approval.

 

6) After the Parliamentary Committees contemplated in subsection (5) have approved the incarceration framework, the Minister must make regulations enacting such framework into law.