Correctional Services Act, 1998 (Act No. 111 of 1998)Chapter VI : Community Corrections70. Non-compliance |
| 1) | If the National Commissioner is satisfied that a person subject to community corrections has failed to comply with any aspect of the conditions imposed on him or her, or any duty placed upon him or her in terms of any section of this Chapter, the National Commissioner- |
| a) | may, depending on the nature and seriousness of the non-compliance- |
| i) | reprimand the person; |
| ii) | instruct the person to appear before the Correctional Supervision and Parole Board that is situated closest to the place of residence of such person or the Board which has jurisdiction within the area where the non-compliance took place, or other body which imposed the conditions of community corrections; or |
| iii) | issue a warrant for the arrest of such person; and |
| b) | must, if he or she is satisfied that the person has a valid excuse for not complying with any such condition or duty, instruct that the community corrections be resumed subject to the same conditions or duties applicable to that person. |
| 2) |
| a) | A warrant issued in terms of subsection (1) (a)(iii) may be executed by any peace officer as defined in section 1 of the Criminal Procedure Act. |
| b) | A person detained in terms of paragraph (a) must be brought before a court within 48 hours after arrest, which court must make an order as to the further detention and referral of the person to the authority responsible to deal with the matter. |
| 3) | If the National Commissioner is satisfied that a person subject to community corrections has failed to meet the conditions imposed on him or her but that such failure is due to a change in circumstances beyond the control of the person concerned, the National Commissioner may instruct such person to appear before the court, Correctional Supervision and Parole Board or other body which imposed the community corrections. |
| 4) | If a person subject to community corrections fails to obey an instruction issued in terms of subsection (1)(b) or (3) the National Commissioner may issue a warrant in terms of subsection (1)(a)(iii) and act in terms of subsection (2). |