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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

45. Retransfer from public treatment centre to prison, child and youth care centre, alternative care or health establishment

 

(1) The Minister may—
(a) in consultation with the Minister of Correctional Services, retransfer any person transferred to a public treatment centre in terms of section 44(1)(a) to the prison from which he or she was originally transferred, or to any other prison designated by the Minister of Correctional Services;
(b) retransfer any child transferred to a public treatment centre in terms of section 44(1)(b) to the child and youth care centre or alternative care from which he or she was originally transferred or placed, or to any other child and youth care centre or alternative care; or
(c) in consultation with the Minister of Health, retransfer any person transferred to a public treatment centre in terms of section 44(1)(c) to the health establishment from which he or she was originally transferred, or to any other health establishment designated by the Minister of Health, if such person or child is not likely to benefit from the kind of treatment and skills development provided in the public treatment centre.

 

(2) An involuntary service user retransferred to a prison, health establishment or child and youth care centre in terms of subsection (1) must be regarded as having been discharged from the public treatment centre in terms of this Act, and is thereafter subject to the law governing the facility to which he or she has been retransferred.

 

(3) A child retransferred to a child and youth care centre or alternative care in terms of subsection (1)(b) may not be placed in a child and youth care centre beyond the expiration of the period for which he or she could, in terms of the order of the court which authorised his or her placement, have been detained in a child and youth care centre had he or she not been transferred.

 

(4) For the purposes of calculating the period for which an involuntary service user retransferred to a prison in terms of subsection (1)(a) must be detained in such prison in respect of the sentence passed upon him or her, the period between the date of his or her transfer to a public treatment centre and the date of his or her retransfer to that prison must be calculated as part of his or her sentence.

 

 


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