DEPARTEMENT KORREKTIEWE DIENSTE - Correctional Services

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3.2 Firearm related crimes � Any firearm related crime such as, but not limited to illegal possession, use, pointing and firing. (For the purpose of this special remission a firearm is defined as any gun, cannon, recoilless gun, mortar, light mortar or launcher manufactured to fire a rocket, grenade, self- propelled grenade, bomb or explosive device) 3.3 Sexual crimes: � Any offence listed in the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 � Rape; � Indecent assault; � Intercourse with a child; � Child pornography; � Incest; � Sodomy; � Bestiality; � Any other crime directly linked to any of the abovementioned crimes (e.g. housebreaking with the intent to steal and rape); and � Any attempt, inciting, soliciting or conspiracy to commit any of the abovementioned crimes. 3.4 Drug related crimes: � Trading, cultivating or manufacturing prohibited drugs or any attempt, inciting, soliciting or conspiracy to commit such crime. (Note: Offenders only sentenced for possession of drugs are therefore not excluded and qualify for the 6 and additional 12 months) 4. WHO WILL NOT QUALIFY FOR ANY SPECIAL REMISSION OF SENTENCE? This special remission of sentence will not be applicable to any offender, probationer, day parolee or parolee who: 4.1 Is certified as mentally ill and is detained in accordance with the Mental Health Act, 2002 (Act No 17 of 2002) on 27 April 2012: Provided that this special remission of sentence will be applicable as soon as such person is decertified and re-admitted to a correctional centre/community corrections office; 4.2 Was declared a dangerous criminal in terms of section 286A of the Criminal Procedure Act, 51 of 1977; 2
4.3 Was still at large on 27 April 2012 after escaping or absconding. (It includes those persons who were ordered to report to serve their sentences of periodical imprisonment, but who failed to report); 4.4 Already benefited from this special remission; 4.5 Were sentenced on or before 27 April 2012 who were released on bail pending appeal and report on or after 27 April 2012, where the Department of Justice and/or the South African Police <strong>Services</strong> indicated in writing that they evaded the Justice system in respect of not reporting to serve the sentence; 4.6 Was sentenced to correctional supervision in terms of section 276(1)(h) of the Criminal Procedure Act, 1977 (Act No 51 of 1977) who are detained in a <strong>Correctional</strong> Centre for a period not exceeding 48 hours and who awaits referral to the court a quo due to violation of their conditions. 5. PROVISIONS APPLICABLE TO OFFENDERS IN CORRECTIONAL CENTRES 5.1 Compulsory Pre-release Assessment and Pre-release Programme 5.1.1 The completion of a compulsory pre-release assessment and the attendance of a compulsory pre-release programme is a pre-requisite before the conditional or unconditional release of offenders can take place in order to assist with their reintegration into the community and to facilitate acquisition of support systems. (Pre-Release Assessment Tool and Pre-Release Programme are attached) 5.2 Ten (10) Week Release process 5.2.1 Any offender, who is allocated special remission and qualifies for immediate release, must be released within the ten (10) week period as indicated below. The release process must therefore be finalized on or before 6 July 2012. Special remission of sentence will therefore be calculated pro-rata in order to: 5.2.1.1 Allow the Department to conduct a pre-release assessment and to arrange and present pre-release preparation programmes in partnership with NGO’s, FBO’s and CBO’s; 5.2.1.2 Deal with the necessary administration in a responsible manner; and 5.2.1.3 Liaise with role players such as the South African Police Service, Social Development, Health, Education and Justice. 3
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DEPARTEMENT KORREKTIEWE DIENSTE - Correctional Services

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