חוק לתיקון פקודת בתי הסוהר (מס' 64 – הוראת שעה – חרבות ברזל) (מצב חירום כליאתי) (תיקון), התשפ"ד-2024Law to Amend the Prisons Ordinance (No. 64 – temporary provision – Iron Swords) (Detention Emergency State) (Amendment), 2024 · automatic translation · suggest a correction

Official summary of the law (Knesset)

In Amendment No. 64 to the Prisons Ordinance [New Version], 1971, it was established, as a temporary provision for three months, that the Minister of National Security, upon the recommendation of the Prisons Commissioner and with the consent of the Prime Minister and the Minister of Defense, will be authorized to declare a state of incarceration emergency if persuaded, in light of the security situation due to which a special situation on the home front was declared, that there is a need for additional detention facilities immediately, or that based on the opinion of security officials there is a high probability that such a need will arise. Under this authority, it will be possible to house security prisoners and detainees, under certain conditions, in deviation from legal provisions regarding living space, and to house them without a bed, in deviation from legal provisions regarding entitlement to a bed. However, the law allows the prison warden to exercise this authority also with respect to cells holding other prisoners. The validity of the minister's declaration will be for five days, and the government may extend it for one additional period of five days, and for further periods with the approval of the Knesset's National Security Committee. As part of the amendment to the temporary provision, it was established that the Minister of National Security's declaration regarding a state of incarceration emergency will be possible not on the basis of the special situation on the home front but on the basis of the significant military operations decided upon by the Ministerial Committee on National Security Affairs pursuant to Section 40 of Basic Law: The Government, which were reported to the Knesset Foreign Affairs and Defense Committee on 8 October 2023. It was also established that extension of the declaration's validity by the government for additional periods will be possible after notification to the Knesset's National Security Committee, which may approve it, with or without changes, or not approve it. In this case, the validity of a declaration will expire within three days from the day it was given unless the Knesset's National Security Committee approved it before the deadline. It was further established that the temporary provision will be extended until 31 May 2024, and the validity of the current declaration of a state of incarceration emergency will be extended by one month, until 18 February 2024.

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