Probation of Offenders Act

Probation Hostel and Home Regulations 1989

[GN 6 of 1990 – 13 January 1990] [Section 17]

1. These regulations may be cited as the Probation Hostel and Home Regulations 1989.

2. In these regulations –

"committee" means the management committee referred to in regulation 3;

"home" means premises approved by the Minister for the reception of persons required to reside therein by a probation order or by order of a District Probation Committee;

"hostel" means premises approved by the Minister for the reception of persons required to reside therein by a probation order or by order of a District Probation Committee, where such persons are employed outside or awaiting employment;

"housemother" means the wife of the warden or of the steward;

"person under supervision" means a person under supervision in pursuance of a probation order or by order of a District Probation Committee;

"resident" means a person residing in a hostel or home, as the case may be, in pursuance of a probation order or by order of a District Probation Committee;

"steward" means the person working under the supervision of the warden;

"warden" means the officer in charge of a hostel or home.

3. (1) Every hostel and home shall be managed by a Committee to be appointed by the Minister.

(2) The Committee shall be composed of 12 members at least 2 of whom shall be women.

(3) The Chairperson shall be appointed by the Minister on the recommendation of the Commissioner and subject to such terms and conditions as the Minister may approve.

(4) The Chairperson and other members shall hold office for one year and shall be eligible for reappointment.

(5) Seven members shall constitute a quorum.

(6) Subject to these regulations, the Committee shall regulate its proceedings in such manner as it may determine.

(7) No member of the staff of a hostel or home shall be a member of the Committee.

(8) (a) The Commissioner shall designate a Principal Probation Officer to act as Secretary.

 (b) The Secretary shall be a member of the Committee.

(9) (a) The Committee may, with the Minister's approval, co-opt members.

 (b) A co-opted member shall not have the right to vote.

4. (1) The Committee shall appoint a finance subcommittee and such other subcommittees as it may determine for the efficient management of the hostel or home.

(2) Any subcommittee appointed under paragraph (1) shall have such powers and duties as the Committee may determine.

5. (1) The Committee shall meet at least once every month.

(2) (a) The Committee or any subcommittee shall keep minutes of its proceedings.

(b) The minutes shall be open to inspection by the Commissioner, his representative and by the auditor appointed under regulation 31.

6. (1) The Committee shall ensure that the condition of the hostel or home and the training and welfare of the residents are satisfactory and, for that purpose, the committee shall take into account any communication which may be made by the Commissioner or his representative.

(2)  The Committee shall designate one of its members to visit the hostel or home at least once every month to satisfy himself regarding the care of the residents and the state of the hostel or home and shall enter his conclusions in the logbook kept under regulation 13.

(3) The Committee shall exercise an effective control over all expenditure.

7. (1) The number of residents in a hostel or home, at any time, shall not exceed 20.

(2) The age limit of the residents on admission shall be under 17 years.

(3) Except for special reasons, the Committee shall not admit to the hostel or home any person who is aged under 17 years.

8. (1) Except with the written approval of the Commissioner, no person shall be received in a hostel or home unless –

 (a) he is on remand;

 (b) he appears to be suffering from any illness requiring medical treatment in an appropriate institution;

(2) No person shall be received in a hostel or home unless his period of residence is intended to be of sufficient duration to enable him to complete the scheme of training provided in the hostel or home.

9. Subject to these regulations, no hostel or home shall, except with the consent of the Minister, refuse to accept a person who –

(a) is under supervision of a probation officer;

(b) is required by the probation order to reside in a hostel or home; and

(c) falls within the category of persons for which the hostel or home is approved.

10. Except with the authority of the Commissioner –

(a) no person under supervision shall reside in a hostel or home for a period other than the period, if any, for which he is required so to reside by the order;

(b) no person shall reside in a hostel or home for a period exceeding the period specified in the order.

11. (1) The Committee shall not, except in a case of emergency, require a person under supervision to cease to reside in the hostel or home before the expiry of the term of residence specified in the order.

(2) The Committee shall, in any case of emergency, give reasonable notice to the Commissioner and the warden the reason for his decision under paragraph (1).

12. Where a person under supervision absconds from a hostel or home, the warden shall forthwith notify the Secretary and other person responsible for supervision.

13. (1) The warden shall be an officer appointed by the Commissioner to be in charge of the hostel or home.

(2) The warden –

 (a) may be required to be resident; and

 (b) shall be answerable to the Committee for the efficient conduct of the hostel or home.

(3) The warden shall keep the following records which shall, at all times, be available for inspection by any member of the Committee, the Commissioner or any officer designated by him –

 (a) a register of admissions and discharges in which all admissions to and discharges from the hostel or home shall be recorded;

 (b) a logbook in which any event of importance connected with the hostel and home shall be entered;

 (c) a daily register of the presence or absence of every resident;

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.