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 Parole73. Length and form of sentences |
| 1) | Subject to the provisions of this Act- |
| a) | a sentenced offender remains in a correctional centre for the full period of sentence; and |
| b) | an offender sentenced to life incarceration remains in a correctional centre for the rest of his or her life. |
| 2) | A sentenced offender must be released from a correctional centre and from any form of community corrections imposed in lieu of part of a sentence of incarceration when the term of incarceration imposed has expired. |
| 3) | If a sentenced offender’s release upon expiry of his or her sentence, is likely to result in his or her death or impairment of his or her health or to be a source of infection to others, the National Commissioner must inform the Department of Health, at least one month prior to the release of such offender or immediately if the condition became known less than a month prior to sentence expiry, in order for that Department to deal with such person in accordance with applicable legislation. |
| 4) | In accordance with the provisions of this Chapter a sentenced offender may be placed under correctional supervision, day parole, parole or medical parole before the expiration of his or her term of incarceration. |
| 5) |
| a) | A sentenced offender may be placed under correctional supervision on day parole, parole or medical parole- |
| i) | on a date determined by the Correctional Supervision and Parole Board; or |
| ii) | in the case of an offender sentenced to life incarceration, on a date to be determined by the Minister. |
| b) | Such placement is subject to the provisions of Chapter VI and such offender accepting the conditions for placement. |
| 6) |
| a) | Subject to the provisions of paragraph (b), a sentenced offender serving a determinate sentence or cumulative sentences of more than 24 months may not be placed on day parole or parole until such sentenced offender has served either the stipulated non-parole period, or if no non-parole period was stipulated, half of the sentence, but day parole or parole must be considered whenever a sentenced offender has served 25 years of a sentence or cumulative sentences. |
| aA) | Subject to the provisions of paragraph (b), an offender serving a determinate sentence or cumulative sentences of not more than 24 months may not be placed on parole or day parole until such offender has served either the stipulated non-parole period, or if no non-parole period was stipulated, a quarter of the sentence. |
| b) | A person who has been sentenced to- |
| i) | periodical incarceration, must be detained periodically in a correctional centre as prescribed by regulation; |
| ii) | life incarceration, may not be placed on day parole or parole until he or she has served at least 25 years of the sentence; or |
| iii) | any term of incarceration, excluding persons declared dangerous criminals in terms of section 286A of the Criminal Procedure Act, may be placed on day parole or parole on reaching the age of 65 years provided that he or she has served at least 15 years of such sentence. |
| c) | A person who has been declared a habitual criminal may be detained in a correctional centre for a period of 15 years and may not be placed on day parole or parole until after a period of at least seven years. |
| d) | A person who has been declared a dangerous criminal in terms of section 286A of the Criminal Procedure Act, must be referred back to court in accordance with section 75(1)(b) of this Act, within seven days after the period as determined by the court, or 25 years, whichever is the shortest, has been served. |
| 7) |
| a) | A person sentenced to incarceration under section 276(1)(i) of the Criminal Procedure Act, must serve at least one sixth of his or her sentence before being considered for placement under correctional supervision, unless the court has directed otherwise. |
| b) | A person sentenced to incarceration for a period not exceeding five years as an alternative to a fine under section 287(4)(a) of the Criminal Procedure Act, may be considered for placement under correctional supervision by the National Commissioner or the Correctional Supervision and Parole Board as soon as possible after admission to a correctional centre, subject to the confirmation of a suitable support system, unless the court has directed otherwise. |
| c) | A person sentenced to incarceration for a period exceeding five years as an alternative to a fine under section 287(4)(b) of the Criminal Procedure Act, may be recommended to a court for placement under correctional supervision, except if the court has directed otherwise, in circumstances where such an offender has completed at least one quarter of the sentence and the remainder of the sentence until sentence expiry does not exceed five years. |
| d) | A person sentenced to incarceration for a definite period in terms of section 276(1)(b) of the Criminal Procedure Act may not be placed under correctional supervision unless such sentence has been converted into correctional supervision in accordance with section 276A(3) of the said Act |
| e) | A person sentenced to incarceration for a definite period under section 276(1)(b) of the Criminal Procedure Act, may be referred to a court in accordance with section 276A(3)(a) of that Act, if the offender has completed at least a quarter of the effective sentence and the remainder of the sentence until sentence expiry does not exceed five years. |