COMMISSIONER FOR PRISONERS WELFARE AND DEVELOPMENT [ S.L.260.07 1 SUBSIDIARY LEGISLATION 260.07 COMMISSIONER FOR PRISONERS WELFARE AND DEVELOPMENT REGULATIONS 17th December, 2021 LEGAL NOTICE 476 of
- The title of these regulations is the Commissioner for Prisoners Welfare and Development Regulations. Citation.
- requires:- Interpretation. In these regulations, unless the context otherwise "Act" means the Prisons Act; Cap.
- "Board" means the Corradino Correctional Facility Monitoring Board established by article 8 of the Act; "Commissioner" means the Commissioner for Inmates Welfare and Development; "Minister" means the Minister responsible for the prisons.
- There shall be a Commissioner for Inmates Welfare and Development who shall be appointed by the President of Malta, upon the recommendation of Cabinet, and after the Minister consults the Board. Establishment of office of Commissioner.
- (a) The Commissioner shall hold office for a fixed term of five
(5)years. Term of office of the Commissioner. (
- b)Unless the office sooner becomes vacant, a person appointed as Commissioner shall hold office until his successor is appointed. (
- c)The Commissioner may at any time resign his office by writing addressed to the Minister. 5. The Commissioner shall have the following functions and responsibilities: (
- a)to promote and safeguard the rights of prisoners; (
- b)to review any policies and make such recommendations to any competent authority to safeguard or to enhance the rights of prisoners and to facilitate their psychosocial well-being and rehabilitation; (
- c)to discuss with the Correctional Services Agency the safeguards and measures necessary to ensure that any treatment, decision or any implementation thereof is in Functions and responsibility of Commissioner. 2 [ S.L.260.07 COMMISSIONER FOR PRISONERS WELFARE AND DEVELOPMENT accordance with the law, regulations, policies or established standards: Provided that should there be a disagreement about any matter between the Commissioner and the Correctional Services Agency, the Commissioner shall bring the matter before the Board for its further investigation and final decision. (
- d)to review all prisoners incident reports and death records received from all facilities within the prisons; (
- e)to investigate any complaint about any aspect of care and treatment provided by the Correctional Services Agency or by healthcare professionals serving in the prisons and make any recommendations as required; (
- f)to conduct regular inspections, at least monthly, of all prisons in order to ascertain that the rights of prisoners and that the provisions of the Act are being upheld; (
- g)to report any other case or matter, which in the opinion of the Commissioner, the Board should be made aware of. Right of access to prisons. 6. The Commissioner shall have unrestricted access to all parts of the facilities within the prisons and to prisoners records as well as the right to interview any prisoner in such facility in private. Reporting obligations. 7. (
- a)The Commissioner shall submit a report to the Board by not later than the end of June of each year, which report shall include indications of any possible breach of human rights, of any breach of any provision of the Act, any recommendations made by the Commissioner to the Corrective Services Agency during that year, and an opinion on the overall functioning of the Prisons. (
- b)The Commissioner shall present to the Minister an annual report of his activity which shall be placed on the table of the House by the Minister within three
(3)months from when it is received or if the House is not in session at the expiry of the said three-month period within fifteen
(15)days from when the House is again in session. Staff of the office of the Commissioner. S.L. Const.
- (a) The office of the Commissioner shall include at least three
(3)administrative staff, one of whom shall be designated as Manager. (b) The Manager shall be a public officer engaged in accordance with the Public Service Commission Appointments Regulations and shall be engaged for an indefinite period, with a probation period of twelve
(12)months. COMMISSIONER FOR PRISONERS WELFARE AND DEVELOPMENT [ S.L.260.07 9. The Commissioner may by instrument in writing delegate any of his functions to any officer of his office or to any other person appointed to assist the Commissioner in the execution of his functions: Provided that any person so delegated shall act under the supervision of the Commissioner who shall not by virtue of the delegation be divested of the functions so delegated. Power of delegation. 3