Protection of Businesses Act, 1978
R 385
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 Parole75. Powers, functions and duties of Correctional Supervision and Parole Boards |
| 1) | A Correctional Supervision and Parole Board, having considered the report on any sentenced offender, serving a determinate sentence of more than 24 months submitted to it by the Case Management Committee in terms of section 42 and in the light of any other information or argument, may- |
| a) | subject to the provisions of paragraphs (b) and (c) and subsection (1A) place a sentenced offender under correctional supervision or day parole or grant parole or medical parole and, subject to the provisions of section 52, set the conditions of community corrections imposed on the sentenced offender; |
| b) | in the case of any sentenced offender having been declared a dangerous criminal in terms of section 286A of the Criminal Procedure Act, make recommendations to the court on the granting or the placement under correctional supervision, day parole, parole or medical parole and on the period for and, subject to the provisions of section 52, the conditions of community corrections imposed on the sentenced offender; and |
| c) | in respect of any sentenced offender serving a sentence of life incarceration, make recommendations to the Minister on granting of day parole, parole or medical parole and, subject to the provisions of section 52, the conditions of community corrections to be imposed on such an offender. |
| 1A) |
| a) | In all cases which involve offences identified in terms of subsection (1B), except where officials of both the South African Police Service and the Department of Justice are on the Board, the Board must request recommendations from the South African Police Service and the Department of Justice. |
| b) | Such recommendations must be submitted in writing within two months of being requested. |
| 1B) |
| a) | The National Commissioner may, with the concurrence of the National Commissioner of the South African Police Service, the Director-General of the Department of Justice and the National Director of Public Prosecutions, identify offences for purposes of subsection (1A). |
| b) | The offences contemplated in paragraph (a) must be identified from categories of offences in respect of which sentences of incarceration in excess of a specified period have been imposed. |
| 2) |
| a) | If the National Commissioner on the advice of a Supervision Committee requests a Board to cancel correctional supervision or day parole or parole except where the person concerned was originally serving a sentence of life incarceration, or to amend the conditions of community corrections imposed on a person, the Board must consider the matter within 14 days but its recommendations may be implemented provisionally prior to the decision of the Board. |
| b) | After consideration of such conditions the Board may cancel the correctional supervision or day parole or parole, or amend the conditions but if the person concerned refuses to accept the amended conditions, the correctional supervision or day parole or parole must be cancelled. |
| c) | If in the case of a person sentenced to life incarceration the National Commissioner, on the advice of a Supervision Committee, requests a Board to advise on the cancellation of parole or day parole or to amend the conditions of community corrections imposed on a person, the Board must within 14 days consider the matter and make recommendations on cancellation or amendment to the Minister but its recommendations may be implemented provisionally prior to the decision of the Minister. |
| 3) |
| a) | Whenever a Board acts in terms of subsection (2)(a) or (c), it must notify the person or sentenced offender who is subject to community corrections to submit written representations or to appear before it in person or to be represented by any person, except a fellow sentenced offender, a correctional official or an official of the South African Police Service or the Department of Justice. |
| b) | A person or sentenced offender referred to in subsection (1)(c) must be informed by the Board of its recommendations and must confirm that the recommendations have been conveyed to him or her. |
| c) | In cases referred to in subsections (1)(c) and (2)(c) the Board must allow the person or sentenced offender to submit written representations with regard to the recommendation of the Board, and the Board must submit the representations, together with its report to the court. |
| 4) | Where a complainant or relative is entitled in terms of the Criminal Procedure Act, to make representations or wishes to attend a meeting of a Board, the National Commissioner must inform the Board in question accordingly and that Board must inform the complainant or relative in writing when and to whom he or she may make representations and when and where a meeting will take place. |
| 4A) | The Correctional Supervision and Parole Board may, whenever it acts in terms of this section, request any sentenced offender to present oral representations in order to clarify matters contained in his or her representation submitted to the Case Management Committee in terms of section 42(3). |
| 5) | If, after the Board has approved a sentenced offender being placed under correctional supervision or being granted day parole, parole or medical parole, and, prior to the implementation of the decision of the Board, the Case Management Committee reports to the Board that the circumstances of such an offender have changed to such an extent that it is not advisable to implement the decision, the implementation shall be deferred until the Board authorises it. |
| 6) | When the Board or the Minister cancels correctional supervision, day parole, parole or medical parole, the matter may be reconsidered by the Board or the Minister within such period as the Board or the Minister deems fit, but the Board or the Minister must do so within two years. |
| 7) | Despite subsections (1) to (6), the National Commissioner may- |
| a) | place under correctional supervision or day parole, or grant parole or medical parole to, a sentenced offender serving a sentence of incarceration for 24 months or less and prescribe conditions in terms of section 52; or |
| b) | cancel correctional supervision or day parole or parole or medical parole and alter the conditions for community corrections applicable to such person. |
| 8) | A decision of the Board is final except that the Minister, the National Commissioner or the Inspecting Judge may refer the matter to the Correctional Supervision and Parole Review Board for reconsideration, in which case – |
| a) | the decision of the Board is suspended pending the outcome of the decision of the Correctional Supervision and Parole Review Board; and |
| b) | the record of the proceedings before the Board must be submitted to the Correctional Supervision and Parole Review Board. |
| 9) | The Minister may cancel correctional supervision, day parole or parole as referred to in subsection (6) only if the decision to grant correctional supervision, day parole or parole was taken by the Minister. |
| 10) | A matter referred to the Correctional Supervision and Parole Review Board, in terms of subsection (8), must be finalized within 4 months of such referral. |
