חוק לתיקון פקודת בתי הסוהר (מס' 64 – הוראת שעה – חרבות ברזל) (מצב חירום כליאתי), התשפ"ד–2023Law for the Amendment of the Prisons Ordinance (No. 64 – temporary provision – Iron Swords) (State of Detention Emergency), 2023 · automatic translation · suggest a correction

Official summary of the law (Knesset)

The Law is intended to enable the Prison Service to absorb many additional detainees in the near future, in light of the increase in the number of prisoners and detainees held in Prison Service facilities as a result of the fighting. The Law establishes, as a temporary provision for three months, that the Minister of National Security, upon the recommendation of the Prisons Commissioner and with the agreement of the Prime Minister and the Minister of Defense, shall be authorized to declare a state of incarceration emergency if satisfied that, in light of the security situation prevailing in the country, there is an immediate need for additional incarceration spaces, or if, based on an opinion of security officials, satisfied that there is a high probability of such need. A declaration of a state of incarceration emergency will allow a prison warden to house a prisoner in deviation from legal provisions regarding minimum living space, and, to the extent required, also to house a prisoner without a bed, in deviation from provisions regarding entitlement to a bed. However, housing a prisoner without a bed will only be done in circumstances where it is not possible to provide him with a bed, and this must be limited to as short a period as possible. In addition, a prisoner who has not been provided with a bed will be provided with a double mattress, taking into account the size and characteristics of the cell. This deviation from legal provisions will, as a rule, apply to security prisoners and detainees. However, the Law allows the prison warden to exercise this authority also with respect to cells holding other prisoners, if convinced that deviation from the provisions regarding living space or entitlement to a bed is required in light of the security situation prevailing in the country, and after no other alternatives have been found. The Minister's declaration will remain in effect for five days, and the Government will be authorized to extend the validity of the declaration for one additional period of five days. In addition, the Government, with the approval of the Knesset National Security Committee, will be able to extend the validity of the declaration for additional periods. The Government's request to the Knesset National Security Committee will be accompanied by a report from the Minister of National Security regarding additional measures to deal with the incarceration emergency, as well as a report from the Prisons Commissioner on data relating to the implementation of her powers under the arrangement in the incarceration facilities. The Minister's and the Commissioner's reports will be submitted to the Committee once every two weeks, as long as the declaration remains in effect.

automatic translation · suggest a correction