Establishment of Convicted Rights Act of 2016

Find all the Laws and Acts of San Andreas in this forum.

Also contains the full Penal Code to list all crimes and punishments.

Moderator: Senior Lead Admins

Locked
User avatar
Conti
Retired Administrator
Retired Administrator
Posts: 2509
Joined: Sun Apr 24, 2011 2:49 am
Location: United States of America

Establishment of Convicted Rights Act of 2016

Post by Conti » Thu Jul 21, 2016 2:39 am

Image
ESTABLISHMENT OF CONVICTED RIGHTS ACT (ECRA), 2016


Author: GIOVANNI POLDILOTTA, GALEN HAWKINS, KATIE CLARK

Sponsor: GIOVANNI POLDILOTTA, KATIE CLARK

ACT NO. 012-16
An Act to establish the Rights and Privileges of Inmates incarcerated in the State of San Andreas.
THE PEOPLE OF THE STATE OF SAN ANDREAS
DO ORDAIN AS FOLLOWS:
[hr][/hr]


Section 1. Definitions.
  1. A “Right” refers to the moral or legal entitlement to have or do something.
  2. A “Privilege” refers to a special benefit, such as a service, item or status, that is only available to a certain group or person and can, in certain situations, be taken away.
  3. An “Inmate, Convict or Prisoner”, hereafter referred to as Inmate, refers to any person imprisoned in the San Andreas Correctional Facility (SACF).
  4. "The San Andreas Department of Corrections & Rehabilitation”, hereafter referred to as the Department of Corrections & Rehabilitation or SADCR, shall be defined as the state agency holding custody over all incarcerated persons assigned to the San Andreas Correctional Facility.
  5. The “Objectives of the Corrections system” refers to the preservation of good order, security within a correctional institution and the rehabilitation of the inmates and all means to achieve these objectives.
  6. "Any official", for the purpose of this bill, refers to any person in the following positions or having been officially designated as acting on their behalf;
    1. Governors or Lieutenant Governors
    2. State Court Officials
    3. State or Municipal Law Enforcement Officers
    4. Attorneys

Section 2. Rights of an Inmate
  1. An inmate has the right, under the Eighth Amendment of the United States Constitution, to be free from inhuman conditions as they constitute to “cruel and unusual” punishment.
  2. An inmate has the right to be free from sexual crimes, including sexual harassment.
  3. An inmate has the right to complain about prison conditions and voice their concerns about their treatment inside the prison in reasonable, peaceful manners.
    1. No inmate shall use this right to openly incite disorder amongst fellow inmates against staff or other inmates.
    2. An inmate shall have access to the required facilities to file a complaint to the SADCR.
  4. An inmate has the right to medical care and attention as required to treat both short-term conditions and long-term illnesses.
  5. An inmate that requires mental health care is entitled to receive that treatment in a manner appropriate for their condition.
  6. An inmate only retains their First Amendment Rights, such as the freedom of speech, as long as they are not inconsistent with their status as inmates. Inmates who use their First Amendment Right to freedom of speech to disrupt the objectives of the corrections system, such as preservation of order, discipline and security may have their right to free speech reasonably inhibited to preserve the aforementioned objectives.
  7. An inmate does NOT have the right to have face-to-face interviews with the media.
  8. An Inmate has the right to be free from racial segregation at any point during their sentence, except for when it is required for preserving discipline and prison security and preventing bodily harm.
  9. An inmate does NOT have a right to privacy in their prison cells and is not protected from random and targeted searches of his/her cell and person to look for weapons, narcotics or other contraband.
  10. An inmate has the right to confidential communications with any official, be it via mail or face-to-face.
    1. An inmate’s right to face-to-face communication with any official can be suspended by an SADCR employee at the rank of or senior to lieutenant, should an inmate show violent or otherwise disruptive behaviour and thereby create a possibly dangerous situation for SADCR staff, the attorney or facility security.
      1. Violent and disruptive behaviour shall be defined as the breach of the following offenses in the Correctional Rehabilitation Code:
        • (1)01. Murder
        • (1)01. Murder with (5)01. Government Worker Clause
        • (1)02. Attempted Murder
        • (1)02. Attempted Murder with (5)01. Government Worker Clause
        • (1)03. Assault with a deadly weapon with (5)01. Government Worker Clause
        • (1)04. Assault and Battery with (5)01. Government Worker Clause
        • (1)06. Hostage Taking
        • (1)06. Hostage Taking with (5)01. Government Worker Clause
        • (1)12. Attempted Escape
        • (1)13. Escaping
        • (3)06. Intoxication/Under the Influence of a Controlled Substance
        • (3)10. Threatening or Intimidating Any Person with (5)01. Government Worker Clause
    2. An inmate’s right to face-to-face communication with any official may only be suspended until the inmate has shown to behave in accordance with SADCR regulations and the Objectives of the Correctional System. The suspension of an inmate’s ability to communicate face-to-face with any official in a confidential manner can never be indefinite and the SADCR has the obligation to review such a suspension every two days.
    3. An inmate’s right to correspondence with any official via mail can not be suspended.
    4. An inmate has the right to not have his correspondence in mail with any official opened and read by SADCR staff for the purpose of ensuring no contraband or illicit material is present in the mail, without the receiving inmate being present
    5. An inmate has the right to not have any document, official or unofficial, altered by the SADCR or signed in his or her name without their express permission.
  11. An inmate has the right to spend at least one hour per day outdoors in a secure yard.
  12. An inmate has the right to unrestricted and completely confidential access to the courts of San Andreas by correspondence.
  13. An inmate has the right to possessing personal property that is not in violation of SADCR regulations or the Objectives of the Corrections System.
  14. An inmate has the right to use their funds in the prison commissary and to assist his/her family.
Section 3. Privileges of an Inmate
  1. An inmate has the privilege of free movement through the inmate-areas of SACF. An inmate can be confined to his/her cell by staff members or ordered to move to another location if required to preserve the objectives of the corrections system.
  2. An inmate has the privilege of communication with the outside world. An inmate may write letters or call relatives and friends whilst incarcerated in SACF. An inmate can however be denied access to these forms of communication if they threaten the objectives of the corrections system, staff, inmate or facility security.
    1. An inmate's communications with relatives, friends and all other persons not designated as an official mentioned above is not confidential. Phone calls may be monitored by SADCR staff and mail may be opened and read to ensure no contraband or illicit conversations/correspondence happen.
  3. An inmate has the privilege of entertainment. An inmate is allowed to engage in activities such as watching television as long as these do not conflict with the objectives of the corrections system.
  4. An inmate has the privilege of non-professional visitation. An inmate is allowed to receive relatives and friends for visitation during their incarceration, unless doing so results in a threat to staff, inmates or facility security.

  • This bill, if passed, shall come into effect seven (7) days after being signed.

    I hereby certify that the foregoing ordinance was passed by the Legislature of the State of San Andreas, at its meeting on this 11 day of July
    • William Benson
      State Clerk
    Approved on this 20 day of July
    • Jesse Styles
      Governor of San Andreas
Retired Game Administrator
Retired Head of Government Management
-------------------------------------------------------------
Matthew Goodman, Lieutenant Governor Emeritus
Hon. Anthony Guidone, Attorney General Emeritus
Lieutenant II Mark Conti, Los Santos Police Department (RET.)

Locked

Return to “Laws & Acts of San Andreas”

Who is online

Users browsing this forum: No registered users