Mental Health Care Act, 2002 (Act No. 17 of 2002)Chapter VII : Mentally Ill Prisoners58. Procedure on expiry of term of imprisonment of mentally ill prisoner |
| (1) | A mentally ill prisoner must, subject to subsections (2) and (3), be released from prison or a health establishment designated in terms of section 49 at which the prisoner is detained on expiry of the term of imprisonment to which that prisoner was sentenced. |
| (2) | At least 90 days before expiry of the term of imprisonment, an application may be made according to the relevant provisions in Chapter V to the head of the health establishment in which the mentally ill prisoner is detained for the provision of assisted or involuntary care, treatment and rehabilitation, as the case may be, of the prisoner . |
| (3) | At least 30 days before the expiry of the term of imprisonment, an application may be made to a magistrate for the continued detention of a mentally ill prisoner in the designated health establishment where such prisoner was cared for, treated and rehabilitated pending the finalisation of the application referred to in subsection (2). |