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 Parole73A. 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. |