חוק לתיקון פקודת בתי הסוהר (מס' 64 – הוראת שעה – חרבות ברזל) (מצב חירום כליאתי) (תיקון מס' 2), התשפ"ד–2024Law to Amend Prisons Ordinance (No. 64 – temporary provision – Iron Swords) (detention emergency state) (Amendment No. 2), 2024 · automatic translation · suggest a correction

Official summary of the law (Knesset)

As part of Amendment No. 64 to the Prisons Ordinance [New Version], 1971, it was determined, as a temporary provision for three months, that the Minister of National Security, upon the recommendation of the Commissioner of Prisons and with the consent of the Prime Minister and the Minister of Defense, shall be authorized to declare a state of incarceration emergency if convinced, in light of the security situation due to which a special situation on the home front was declared, that there is an immediate need for additional detention facilities, or if, based on the assessment of security officials, there is a high likelihood that such a need will arise. Under this provision, it will be possible to hold security prisoners and detainees, under certain conditions, in deviation from the legal provisions regarding living space, and to hold them without a bed, in deviation from the legal provisions regarding entitlement to a bed. However, the law allows the prison warden to exercise this authority also with respect to cells in which other prisoners are held. Subsequently, the temporary provision was amended so that the declaration by the Minister of National Security of a state of incarceration emergency would 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 under Section 40 of the Basic Law: The Government, and regarding which it notified the Knesset Foreign Affairs and Defense Committee on 8 October 2023. As part of Amendment No. 2, the validity of the temporary provision, under which the Minister of National Security is authorized, with the approval of the Government and the Knesset National Security Committee, to declare a state of incarceration emergency and to allow deviation from the legal provisions regarding minimum living space in prisons, was extended until 31 December 2024. Furthermore, it was determined that the validity of the Minister's declaration of a state of incarceration emergency, issued under the temporary provision, would be extended until 30 June 2024.

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