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Correctional Services Act, 1998 (Act No. 111 of 1998)

Regulations for the Administration of the Department of Correctional Services of the Republic of South Africa

Chapter VI : Release from Correctional Centre and Placement under Correctional Supervision and on Day Parole and Parole

29. Length and form of sentence

 

1) A person sentenced to periodical incarceration, in terms of section 285 of the Criminal Procedure Act, must serve the sentence in uninterrupted periods of not less than 24 hours and not more than 96 hours at a time as determined, with due regard to such person’s employment, by the Head of the Correctional Centre, at which the person surrenders him or herself to undergo such incarceration.

 

2) Subject to the provision of sub regulation (2) the Head of the Correctional Centre must determine the periods of incarceration with due regard with the circumstances of the person serving periodical incarceration.

 

3) A period of less than 24 hours may be ordered if -
a) on the strength of the written application of the employer of the person serving periodical incarceration, the Head of the Correctional Centre decides that in the special circumstances of such person’s employment a shorter period is justified or
b) any unexpired portion of the remainder of the sentence of periodical incarceration is less than 24 hours.

 

4) Where a person serving a sentence of periodical incarceration is released pending his or her return to correctional centre to serve one or more further periods of periodical incarceration in completion of that sentence, the Head of the Correctional Centre must serve a notice on such person stipulating –
a) particulars of the sentence of periodical incarceration;
b) the period already served;
c) the period still to be served; and
d) particulars of where and when the person must report to serve the next period and containing any other instruction that reasonably may be regarded as necessary for that purpose.

 

5) Whenever a person’s period of periodical incarceration expires at any time after 15h00 on any day and before 06h00 of the following day, the person’s release may be postponed with his or her written consent.

 

6) Reasonable steps must be taken to prevent a prisoner serving periodical incarceration from associating with other categories of prisoners.