Correctional Services Code of Conduct Regulations – Section 48
(Statutory Instrument 159/2005)
Statutory Instrument 159/2005 .. in force 21 November 2005
ARRANGEMENT OF REGULATIONS
| 1. | Citation |
| 2. | Interpretation |
| 3. | Code of Conduct to govern correctional officers |
| Schedule | |
CORRECTIONAL SERVICES CODE OF CONDUCT REGULATIONS – SECTION 48
Commencement [21 November 2005]
1. Citation
These Regulations may be cited as the Correctional Services Code of Conduct Regulations.
2. Interpretation
In these Regulations—
“Code of Conduct” means the Code of Conduct set out in the Schedule;
“principal Act” means the Correctional Services Act.
3. Code of Conduct to govern correctional officers
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(1) The rules contained in the Code of Conduct set out in the Schedule shall regulate the professional practice, conduct and discipline of correctional officers.
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(2) A breach of a provision of the Code of Conduct shall constitute professional misconduct and disciplinary proceedings in accordance with section 4 of the principal Act may be instituted against a correctional officer who has breached a provision of the Code of Conduct.
Schedule
(Regulation 3)
CODE OF CONDUCT
1. General Guidelines
A correctional officer shall—
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(a) observe the rules of this Code of Conduct;
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(b) maintain his or her professional integrity;
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(c) honour the dignity of the Correctional Services;
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(d) encourage other correctional officers to act similarly in the practice of their profession; and
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(e) refrain from conduct which is detrimental to the Correctional Service or which may tend to discredit it.
2. Interpretation
In this Code of Conduct “prohibited article” means—
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(a) any liquor, drugs other than drugs for medical use, tobacco, money, clothing other than correctional centre issued clothing, provisions, letter, tool, cellular telephone, pager or any article likely to be prejudicial to the life or safety of any person, or to facilitate any escape from a correctional facility or to be used for purposes prejudicial to correctional facility discipline; or
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(b) any article the introduction into or removal, out of the correctional facility or any part thereof is prohibited by this Act or any correctional facility regulations, including any article declared to be a prohibited article under such correctional facility regulations.
3. Application of Code of Conduct
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(1) This Code of Conduct applies to all correctional officers appointed under the Correctional Services Act (hereinafter referred to as “the Act”).
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(2) Unless otherwise stated, this Code of Conduct applies to off duty conduct.
4. Conduct in accordance with the Constitution and laws in force
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(1) A correctional officer shall conduct himself or herself, in accordance with the Constitution and other laws in force in Saint Lucia.
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(2) A correctional officer shall not commit any criminal offence under any law in force in Saint Lucia.
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(3) A correctional officer shall not—
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(a) exceed his or her powers in the enforcement of the law or discharge of his or her duty under the Act;
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(b) fail to comply with the laws in force in Saint Lucia relating to interrogation, arrest, detention, search, seizure, preservation of evidence, use and confidentiality of informants and confidentiality of investigations; or
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(c) restrict the freedom of individuals under his or her supervision in violation of the Constitution or other laws in force in Saint Lucia.
5. Conduct detracting from public faith in the criminal justice system
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(1) A correctional officer shall—
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(a) refrain from any conduct that detracts from the public's faith in the integrity of the criminal justice system;
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(b) carry out his or her duties with integrity, fairness and impartiality;
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(c) truthfully, completely, faithfully and impartially testify and present evidence in all matters and shall not undertake any activity aimed at prejudicing such matters; and
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(d) obey lawful orders.
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(2) A correctional officer learning of conduct or observing conduct that is in violation of the laws in force relating to Correctional Services, including illegal or suspected illegal conduct by inmates, other correctional officers or employees and other persons employed in the correctional services, shall take the necessary action and report the matter to his or her immediate supervisor.
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(3) If the conduct referred to in subparagraph (2) is carried on by the correctional officer's immediate supervisor, the correctional officer shall report the matter to the person who is next in the line of authority above that immediate supervisor.
6. Impartial performance of duties
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(1) A correctional officer shall—
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(a) perform his or her duties and apply the law impartially and without prejudice or discrimination; and
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(b) provide every person including inmates under his or her supervision, with professional, effective and efficient correctional services including the operation of correctional facilities that are clean, properly managed and free from violence.
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(2) A correctional officer shall not—
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(a) express, whether by act, omission or statement, prejudice concerning race, colour, creed, religion, ethnic or national origin, sex, marital status, disability, sexual orientation or age; or
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(b) allow his or her decisions regarding an arrestee, inmate or the family and friends of an inmate to be influenced by race, colour, creed, religion, ethnic or national origin, sex, marital status, disability, sexual orientation or age.
7. Personal gain and benefits
A correctional officer shall not accept, give or solicit any gratuity or benefit that is or could be interpreted as capable of influencing his or her official acts or judgments, or use his or her status as a correctional officer for personal, commercial, or political gain.
8. Treatment of persons by correctional officer
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(1) A correctional officer shall not ridicule, mock, taunt, willfully embarrass, humiliate, or shame any person, including arrestees or inmates, or do anything reasonably calculated to incite a person to violence.
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(2) A correctional officer shall—
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(a) treat inmates, colleagues, superiors, arrestees, visitors to the correctional facility, and members of the public courteously and with respect;
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(b) promptly and where appropriate advise any inmate, lawful visitor or attorney- at-law of the complaints procedure established for the Correctional Services; and
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(c) process complaints in accordance with the complaints procedure established for the Correctional Services.
9. Prohibition on association with persons engaged in criminal activity
A correctional officer shall avoid associations with persons who engage in criminal activity. This rule does not prohibit those associations that are necessary to the performance of official duties, or where such associations are unavoidable because of the correctional officer's personal or family relationships or required in the context of an authorized investigation.
10. Conflict of interest
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(1) A correctional officer shall—
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(a) unless required by law, refrain from becoming involved in official matters, or influencing actions of other correctional officers in official matters, impacting the correctional officer's immediate family, relatives, or persons with whom the correctional officer has or has had a significant personal relationship;
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(b) refrain from acting or influencing official actions of other correctional officers in official matters impacting persons with whom the officer has or has had a business or employment relationship.
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(2) A correctional officer shall not—
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(a) compromise his or her integrity, or that of the correctional services, by taking or attempting to influence actions where a conflict of interest exists;
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(b) use his or her authority or position as correctional officer, or information available to him or her status as correctional officer, for any purpose of personal gain including, but not limited to, initiating or furthering personal or intimate interactions of any kind with persons with whom the officer has had contact while acting in his or her official capacity;
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(c) engage in any off duty employment without first seeking the permission of the Public Service Commission provided that or such employment is not in conflict with the correctional officer's official duties.
11. Confidentiality
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(1) A correctional officer shall observe the confidentiality of information available to the correctional officer due to his or her status as correctional officer.
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(2) A correctional officer shall not—
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(a) knowingly violate any legal restriction for the release or dissemination of information;
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(b) except in the course of official duties or as required by law, publicly disclose information likely to endanger or embarrass victims, witnesses, complainants, arrestees or inmates, or influence or compromise any investigation; or
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(c) divulge the identity of persons giving confidential information, except as required by the law in force in Saint Lucia.
12. Prohibition on certain conduct
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(1) A correctional officer shall not—
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(a) exhibit or engage in any conduct that discredits the correctional officer or the correctional services or otherwise impairs the ability of the correctional officer or other correctional officers to provide correctional services;
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(b) consume alcohol—
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i. in such quantity as to impair his or her judgment or render him or her unfit to carry out his or her duties as a correctional officer,
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ii. while on duty;
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(c) subject to paragraph (2), use narcotics, hallucinogens, or other controlled substances except when legally prescribed;
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(d) commit any act that, constitutes a sexual offence pursuant to the Criminal Code;
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(e) while on duty, commit any act that constitutes, sexual harassment, make unwelcome sexual advances, request sexual favors, engage in sexually motivated physical contact or other verbal or physical conduct or communication of a sexual nature against—
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i. another correctional officer,
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ii. employee, volunteer, contractor of a correctional facility;
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iii. inmate of a correctional facility,
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iv. arrestee or family member or friend of an arrestee,
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v. visitor to a correctional facility;
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(f) either directly or indirectly, have any pecuniary interest whatsoever in, or derive any benefit or advantage from, the sale or purchase of any supplies of the correctional facility or of any article for the use of any inmate or of any correctional facility;
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(g) have any dealing where he or she obtains or might expect to obtain at any time either immediately or in the future, any benefit of any nature, with any inmate or with any person on behalf of any inmate;
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(h) without lawful authority knowingly supply, attempt to supply or allows to be supplied to any inmate prohibited article, or knowingly take or allow to be taken in or out of any correctional facility any prohibited article;
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(i) assault, threaten, insult or use violence against, any person while on duty;
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(j) use obscene, abusive or insulting language to any person while on duty;
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(k) knowingly, wilfully or negligently make any false complaint or statement against any other correctional officer or medical personnel, employee or other person;
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(l) fail, when knowing where an escapee can be found, to report the same;
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(m) fail to account for or make prompt and true return of any money or property seized, found or received by him or her in his or her official capacity or during the course of his or her duty;
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(n) wilfully or negligently fail to report any information or incident known to him or her which may jeopardize the security of the correctional facility or otherwise compromise its proper functioning;
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(o) improperly use his or her position as a correctional officer or medical personnel for his or her private advantage;
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(p) use identification cards or badges for unofficial duty, personal or financial gain, for himself or herself or another person;
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(q) lend to another person his or her identification cards, badges or uniform or permit these items to be photographed, reproduced or used by any person; or
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(r) facilitate the escape of an inmate from the correctional facility or any other place.
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(2) Where medication is prescribed for a correctional officer, the correctional officer shall—
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(a) inquire of the prescribing physician whether the medication will impair the correctional officer in the performance of the correctional officer's duties;
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(b) immediately notify his or her supervisor if the prescribed medication is likely to impair the correctional officer's performance during the correctional officer's next scheduled shift.
Correctional Services (Establishment of Remand Centre for Juveniles) Order – Section 29(1)(a)
(Statutory Instrument 44/2015)
Statutory Instrument 44/2015 .. in force 8 May 2015
Commencement [8 May 2015]
1. Citation
This Order may be cited as the Correctional Services (Establishment of Remand Centre for Juveniles) Order.
2. Establishment of Remand Centre
Cabinet hereby establishes a remand centre, to be used solely for the detention of persons not less than 14 years but under 16 years of age who are remanded or committed to custody for trial or sentence, as described in the Schedule to this Order.
Schedule
(Section 2)
The remand centre is situate within the Bordelais Correctional Facility in the quarter of Dennery in Saint Lucia and is a detached concrete building with a recreational area adjoining the building.