Debate Begins On Bill To Facilitate Tighter Control In Correctional Facilities

The House of Representatives on Tuesday (December 7) began debate on the Corrections (Amendment) Act, which will facilitate tighter control of prohibited articles being transported in and out of correctional facilities, among other things.

In his address, Deputy Prime Minister and Minister of National Security, Hon. Dr. Horace Chang, said the Corrections Act, 1985, and the Correctional Institution (Adult Correctional Centre) Rules, 1991, prescribe the protocols for the administration of correctional services.

He noted that since 1991, the dynamics of the correctional services have changed, which has invariably altered the way Jamaica, much like other countries, has been called to administer its correctional services.

“The Act has not been amended to reflect the changing realities and has been rendered largely ineffective in a number of key aspects. This ineffectiveness is premised on the rapid technological advancements that have occurred, particularly in the area of communications,” Dr. Chang said.

“Consequently, such technological advancements have rendered both the legislation and practice ineffective as we grapple to treat with issues relating to the use of telecommunication devices by inmates to access criminal networks outside of the confines of correctional institutions. Such acts only serve to exacerbate the difficulties being experienced in controlling the level of crime now being experienced,” he added.

Dr. Chang pointed out that the use of cellular telephones is causing or contributing to the orchestration of crimes from within the correctional centres.

He said that through the use of cellular telephones and electronic communication devices, incarcerated violence producers are better able to directly and/or indirectly influence criminal gangs and drug activities.

The Minister noted that some of these violence producers are leaders or top-tier members of gangs, who give orders that often perpetuate gang feuds and contract killings, and on occasion may pervert the course of justice, as witnesses are threatened, injured or murdered.

“In addition to the foregoing, cellular telephones can also be used for planning escapes from custody, gathering intelligence on the staff of correctional institutions, and other activities which prejudice the safety of persons or correctional institutions,” Dr. Chang said.

The National Security Minister said the general objectives of the amendment of the Corrections (Amendment) Bill are as follows: the introduction of electronic communication devices and computers as prohibited articles; the inclusion of definitions for the terms ‘cash’, ‘computer’, ‘data’, ‘electronic’, ‘function’, ‘intercept’, ‘programme or computer programme’; the introduction of a regime for the confiscation, destruction and disposal of prohibited articles; and the increase in fines and custodial sentences for existing provisions under the Corrections Act to make them more of a deterrent.

The legislation also introduces the following offences: having access to use of or possession of an electronic communication device or computer in a correctional institution; tampering with any electronic communication device or computer by an inmate; and an inmate transmitting, or causing to be transmitted, without authorisation, any data, using an electronic communication device or computer.

Other offences include an inmate intercepting or causing the interception of any function of an electronic communication device or computer; the use of a computer or electronic communication device by an individual to prejudice the safety or security of any person inside or outside of a correctional centre, the safe custody or security of an inmate, or the good order or security of a correctional centre; and the unauthorised access to any electronic communication device or computer in a correctional centre.

Dr. Chang also informed that the amendment made to the Corrections Act will also result in consequential amendments to the Finger Prints Act, to include sections 80A and 80B of the Corrections Act.

“This amendment will address the prohibited access to or use of a computer or electronic communication device, as well as the tampering or interception of these instruments, and their use to prejudice the safety or security of any person inside or outside the correctional institution, the safe custody or security of an inmate, as well as the good order or security of a correctional institution, which attract penalties for second or subsequent offences,” he said.

Meanwhile, Dr. Chang emphasised the importance of enhancing the legislative framework that aims to impose penalties that are comparable, commensurate and a disincentive; and one that recognises the dynamic way in which correctional services have changed, in particular the technological advancements that have occurred, especially in relation to prohibited articles.

“It is critical that this approach is taken towards our legislative framework, as   the difficulties in our correctional centres and the organisation of crime have exacerbated,” the Minister said.

Debate on the legislation was suspended until another sitting of the House of Representatives.