Uganda Prisons Service UPS Authority

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Establishment of Prisons Authority

(1)There is established a Prisons Authority.

(2)The Prisons Authority shall consist of—

(a)the Minister responsible for internal affairs as its chairperson;

(b)the following members—

(i)the Attorney General or his or her representative;

(ii)the Commissioner General;

(iii)the Deputy Commissioner General;

(iv)Permanent Secretary, Ministry responsible for public service;

(v)a senior officer-in-charge of personnel at the headquarters of the Service;

(vi)two other persons appointed by the President.

(3)The two persons appointed by the President in subsection (2)(b) (vi) shall serve for two years and their term may be renewed.

(4)The Permanent Secretary of the Ministry responsible for Internal Affairs shall be the Secretary to the Prisons Authority.

(5)The quorum of the Prisons Authority shall be five.

(6)The Prisons Authority may regulate its own procedure.

(7)The Prisons Authority shall meet at least once every four months at such times and places as the Chairperson of the Authority may determine.

(8)If the Chairperson is absent from or for any other reason unable to preside at any meeting of the Prisons Authority, the members present shall elect one from among their number to act as chairperson at that meeting.

(9)The decision of the majority of the members of the Prisons Authority present at a meeting shall constitute a decision of the Authority and, in the event of an equality of votes relating to any matter the member presiding at the meeting shall have a casting vote.

(10)The Prisons Authority shall cause a record to be kept of the proceedings at its meetings.

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10.Functions of the Prisons Authority

(1) Subject to the Constitution and to this Act, the functions of the Prisons Authority are—

(a)to advise the Government on policy matters relating to the management, development and administration of the Service;

(b)to advise the President on the appointment of the Commissioner General and the Deputy Commissioner General;

(c)to make appointments and promotions of prison officers of and above the rank of Assistant Superintendent of Prisons but below the rank of Deputy Commissioner General;

(d)to make programmes for social rehabilitation and reintegration of offenders so as to enhance their ability to resettle in their communities;

(e)to develop and administer services and programs for the purpose of counselling persons subject to non-custodial sentences;

(f)to develop and administer services and programs designed to encourage prisoners, and persons referred to in paragraph (d) and to initiate, maintain and strengthen ties with members of their families and the community;

(g)to provide clear direction to all staff in their responsibilities;

(h)to provide strategic framework and plan for the development of the Service;

(i)to determine the terms and conditions of service in the Prisons Service;

(j)to hear and determine appeals from the decisions of the Prisons Council;

(k)to perform any other function that is connected to the above or that may be accorded to it by law.

(2)The Prisons Authority may appoint a committee from among its members to assist it in the performance of any of its functions and may assign to it such functions subject to such conditions and restrictions as the Authority may think fit. Uganda Prisons Service UPS Authority

11.Powers of the Prisons Authority

(1)The Prisons Authority may exercise such powers as are necessary or desirable to allow the proper discharge by it of its functions or any of them whether under this Act or any other law. Uganda Prisons Service UPS Authority

(2)Without limiting the generality of subsection (1), the Prisons Authority

may—

(a)acquire property for the conduct of its operations;

(b)establish training facilities for prisoners and staff and provide courses and scholarships for officers;

(c)arrange for an exchange of officers between the Prisons Authority and the relevant authority in another country or State or territory that is responsible for the operation of the prisons service;

(d)engage persons to advise it in respect of matters of legal, financial or technical nature or that relate to the welfare of prisoners;

(e)enter into arrangements with any person or body for the purpose of any investigation, study or research that, in the Prisons Authority’s opinion, is necessary or desirable having regard to the functions of the Authority;

(f)engage a person other than a Commissioner General or, an officer of the Prisons Authority or a body of persons to conduct on behalf of the Prisons Authority any part of its operations;

(g)grant financial or other assistance to persons or bodies of persons concerned with the welfare of prisoners or persons subject to probation orders, community service orders or fine option orders or their families;

(h)encourage improvement in the standard and method of work performed by its officers and employees by such means as it deems appropriate including the establishment of awards for competence and innovation. Uganda Prisons Service UPS Authority

12.Power of the Prisons Authority to make Rules

(1) The Prisons Authority may make rules in respect of—

(a)the management, security and good order of prisons;

(b)the safe custody, welfare and privilege of prisoners;

(c)the duties, functions, powers, and conduct of its officers and employees;

(d)all matters that are required or permitted to be the subject of such rules under the provisions of this Act.

(2)The Prisons Authority may prescribe a code of conduct for prison officers and other employees.

(3)The Prisons Authority shall ensure that the rules made under this section are brought to the notice of prison officers and employees.

13.Establishment of the Prisons Council

(1)There is established a Prisons Council.

(2)The Prisons Council shall consist of—

(a)the Commissioner General as its Chairperson;

(b)Directors;

(c)the Deputy Commissioner General who shall be Vice Chairperson;

(d)the officers at the prisons headquarters responsible for—

(i)prisoners’ administration;

(ii)training;

(iii)finance;

(iv)personnel;

(v)legal affairs;

(vi)research and planning;

(vii)welfare and rehabilitation;

(viii)Regional Prisons Commanders.

(d) The following members shall be appointed by the Commissioner General, in consultation with the officers-in-charge of prisons—

(i)an officer of the rank of Assistant Superintendent of Prisons;

(ii)an officer of the rank of Principal Officer; and

(iii)three non-commissioned officers;

(3)The officer responsible for administration in the Service shall be the Secretary.

(4)The members of the Council in subsection (2) (d) shall be appointed for a period of three years.

(5)The quorum for any meeting of the Council shall be ten members.

14.Functions of the Prisons Council

(1)Subject to the Constitution and to this Act, the functions of the Prisons Council are—

(a)to make appointments and promotions of prison officers up to the rank of a Principal Officer;

(b)to exercise disciplinary control over all prison officers of and below the rank of Principal Officer through the established procedure;

(c)to advise the Prisons Authority on the rank structure in the Service;

(d)to formulate terms and conditions of service of staff of the Service subject to approval by the Prisons Authority;

(e)to formulate and establish standards of recruitment and training within the Service;

(f)to determine the types and quality of equipment and supplies to be procured by the Service;

(g)to formulate and advise the Prisons Authority on the policy of the Service and ensure the implementation of that policy;

(h)to ensure efficient organisation and administration of the Service; and to ensure that the Service is of a national character and composition. Uganda Prisons Service UPS Authority

(2)The Prisons Council may appoint a committee from among its members to assist it in the performance of its functions under this Act and may assign to it such functions subject to such conditions and restrictions as the Council may think fit.