The rules of general requirements with regard to the treatment of offenders start with section 4 which deals with the approach to safe custody of offenders. The section describes the offender as the responsibility of the Commissioner and all the officials of the DCS; hence the offender should accept their authority at all times. While offenders have to follow the authority of the DCS, the DCS itself must ensure that the security and the safe custody of the offenders are maintained at all times. This security must be maintained in a lawful manner which does not violate all the rights which offenders have while they are in the correctional centre.
If offenders are safe they will be motivated to participate in rehabilitation programmes designed for them. This is unlikely to happen when they are always concerned about their safety. The DCS has a duty to provide safe custody for all offenders without discrimination. By ensuring safe custody of all the offenders, the DCS is guaranteed to have offenders who will not hesitate to participate in rehabilitation programmes that will change their lives for the better (Andrews, et al., 2010).
5.4.2. Admission (section 6)
The Commissioner is authorised to detain any offender by means of a warrant and without it, this detention will be unlawful. During the process, offenders’ personal particulars, as well as the nature of the offence and the day and hour of admission and release, should be recorded in a register. While in the correctional centre an offender has the right to consult a legal practitioner of his or her choice and if he or she is not able to afford a legal practitioner, the state must provide one. All the rules that are applicable to the offenders must be explained in a language which they understand or an interpreter must be used. The offenders must be notified of the formal channels of communication where they can raise their complaints or requests. After admission, offenders must bath or shower and undergo a health status examination to ensure that their health is maintained while incarcerated.
125 5.4.3. Accommodation (section 7)
The accommodation of offenders must meet all the requirements which are adequate for offenders to be detained under conditions maintaining their human dignity. As indicated in the Standard Minimum Rules for the Treatment of Prisoners, the detention cell must have enough space, lighting, ventilation and sanitary installations and must be in conditions which promote the health and safety of the offender (Andrews & Bonta, 2010).
To avoid victimisation of certain categories of offenders or to ensure security, the Act stipulates that offenders must be separated, for example, sentenced and unsentenced, male and female, adult and children.
Failure to provide enough space for accommodation not only hampers the offender’s wellbeing, but it also has a significant impact on the implementation of rehabilitation programmes. This is mainly because instead of focusing on programmes that will work for them, the offenders will be worried about their health and pay less attention to rehabilitation. But if offenders have been provided with enough space which meets all their requirements, there is no doubt that they will find it comfortable and focus on the positive aspects of their lives (Andrews & Dowden, 2007). To avoid such problems, the DCS must ensure that accommodation meets all the offenders’ needs.
5.4.4. Nutrition (section 8)
This section provides that offenders must be supplied with adequate food and those with specific nutritional requirements, such as children and pregnant women, must also be provided with whatever it is that they require. In addition, religious requirements and cultural preferences when it comes to diet must be considered where possible. Well prepared food, as well as clean drinking water, must be made available to all offenders within the acceptable intervals.
The Act requires that offenders be provided with healthy food all the time. Females and children offenders’ special requirements when it comes to nutrition also have to be met. The provision of well-balanced nutrition plays a role in the rehabilitation of offenders. Failure to provide sufficient food will have a major impact on the rehabilitation process because no starving offender will be able to dedicate himself or herself to the programmes. If the DCS wants to ensure the effective implementation of the rehabilitation programmes, it should first meet, amongst others, the nutritional requirements of offenders (Andrews & Dowden, 2007).
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The differences in nutritional requirements amongst offenders also have to be considered. For example, a Christian offender and a Muslim offender will have different nutritional requirements because of religious as well as cultural differences. The DCS has to cater for all cultures and all religions.
5.4.5. Hygiene (section 9)
The DCS must provide the necessary means which will ensure that offenders, as well as their clothing, bedding and cells, are clean at all times.
Cleanliness must be encouraged amongst all offenders. In the process of rehabilitating offenders, it is essential to provide them with the necessary products such as soap, towels and extra clothes in order to ensure that they are always clean. Failure to provide these products will lead to the rehabilitation attempts looking rather unworthy (Casey, et al., 2012). This is mainly because the community will find it difficult to accept that an untidy person has been rehabilitated, but will be more open to this idea when he or she is tidy.