NASSAU, The Bahamas — The Correctional Services Bill, 2013, will repeal the existing Prisons Act, Ch. 208, and all accompanying Rules made there-under and replace it with a more comprehensive, modernised piece of legislation in keeping with international standards, Minister of National security, Dr. Bernard J. Nottage told Parliament.
The existing Prisons Act is 70 years old.
Dr. Nottage said while many of the provisions of the existing legislation have been retained, the government believes the Correctional Services Bill is “well equipped to bring the Prison up to date with the realities of today while still penalising offenders of the law.”
“This Bill and the accompanying regulations will, in my opinion, aid in improving the overall rehabilitation of inmates,” Dr. Nottage said. “It also seeks to tighten up on some of the existing privileges of inmates and to address matters relating to officers serving in the institution.
“My government recognises its obligations to adequately care for persons in custody and it also recognises the importance of working towards the rehabilitation of these persons so that when they are released from custody they are better prepared to be reintegrated into society.”
Dr. Nottage said the Bill is divided into nine parts.
Part I of the Bill, which provides for the short title and commencement of the Act, further provides for the terms that will be used throughout the Bill and highlights the purposes of the Act, notably, inter alia, to provide for the continued protection of the public through the supervision of persons held in legal custody.
Part II of the Bill provides for the facilities for persons held in legal custody, that is, correctional and holding facilities and in particular, Clause 6 of the Bill provides for the continuation of Her Majesty’s Prison, which will be known as “The Bahamas Department of Correctional Services” once the Bill is enacted. The Bill further provides for the declaration of suitable places to be a correctional facility.
Part III of the Bill deals with the administration and functions of the Department of Correctional Services. Clause 9 of the Bill provides for the appointment of the Commissioner, Deputy and Assistant Commissioners to be made by the Prime Minister acting on the advice of the Minister. The appointments of other persons wishing to hold office in the Department will be made by the Governor-General acting on the advice of the Public Service Commission.
Clause 11 of the Bill provides for the functions of the Department, which include, inter alia, providing academic, vocational and technical training, continuing education, and counselling services to rehabilitate and prepare inmates for occupations upon their discharge.
Clause 12 of the Bill provides for a saving of appointment clause for those persons appointed under the repealed Act to retain their positions and duties on the same terms and conditions.
“Part Four of the Bill,” Dr. Nottage said, “seeks to provide for the establishment of a Correctional Services Review Board (the Review Board) which will replace and carry out the functions of the existing Visiting Committee.”
“Clause 16 of the Bill provides for the functions and powers of the Review Board. It is intended that the Review Board is to act, somewhat, as the watchdog of the Department.
“Clause 17 of the Bill,” Dr. Nottage continued, “provides for members of the Review Board to have access to any part of a correctional facility and any inmate, after prior notification to the Commissioner (while) Clause 18 of the Bill empowers the Review Board to make regulations, with the approval of the Minister.”
The National Security Minister said Part V of the Bill seeks to expand upon the existing provisions dealing with the employment of inmates.
Clause 22 of the Bill provides for an Inmates Work Release Account whereby earnings — after the deduction of administrative and banking fees — of an inmate are deposited into an account with a recognised financial institution.
“This Clause further provides for the Review Board to authorise for any earnings paid to the Commissioner to the credit of an inmate, to be applied or paid in accordance with regulations,” Dr. Nottage said. “The section further requires the Commissioner to furnish every inmate entitled to earning with a financial statement on a quarterly basis outlining the details of that inmate’s account.”
Part Six of the Bill, provides for the removal and discharge of inmates; Part VII of the Bill provides for the existing provisions in the law for release of inmates by the Governor-General on licence, while Part VIII of the Bill seeks to introduce new offences and provides for existing offences by inmates and other persons. Accordingly, clauses 33 – 40 of the Bill provides for such offences.
Part Nine of the Bill, the final part, provides for numerous miscellaneous provisions.
Clause 43 of the Bill in particular, seeks to grant the Review Board the power to authorise an inmate who has completed at least one-third of his sentence, and has less than two years remaining, day release to engage in work which he is directed to carry out; receive instruction or training in a programme established under section 46(2) of the Bill or at an accredited institution approved by the Commissioner; and to participate in a church service or programme and to promote the success of reintegration of that inmate into society.
Additionally, Clause 44 of the Bill seeks to outline the powers of the Minister with respect to correctional or holding facilities, correctional officers, the treatment of inmates and appointing a chaplain to the Department while Clause 45, a new provision, concerns the electronic monitoring of inmates temporarily released, discharged or removed for any purpose under the Act. It further provides for the provisions of rule 9(1), 10, 11 and 16 of the Penal Code (Electronic Monitoring) Rules, 2010 to apply mutatis mutandis to this Bill.
“Clause 46 of the Bill is a new provision which seeks to provide for the establishment of development programmes for inmates,” Dr. Nottage continued, “on admission to a correctional facility, all inmates will be assessed by the Classification Board and periodically thereafter to determine his various needs and how he can benefit from one of these programmes. The Commissioner may establish separate programmes for untried inmates.
“Clause 49 of the Bill (another new provision) seeks to allow the Commissioner to establish a Training Advisory Board which shall be responsible for identifying the staffing needs of the Department, developing continuous staff improvement programmes and training locally and internationally, and establishing rank examinations and prerequisites for promotion (while) Clause 50 of the Bill seeks to provide for the Minister to lay a report in each House of Parliament every year outlining information concerning, inter alia, the progress and condition of the Department, and the financial expenditure in respect of same.
“Clause 51 of the Bill, seeks to provide for the Minister to make Rules, inter alia, for the better carrying into effect the purposes noted in the Act,” Dr. Nottage added.
The National Security Minister said The Bill, in essence has a dual focus, and they are to foster the promotion of procedures which are in keeping with modern practices and focuses on the development of the inmate for re-integration into society upon his release from prison and to address some of the concerns outlined in a 2003 Bahamas Reform Commission Committee Report that was written following a strategic review of Her Majesty’s Prisons.
