חוק לתיקון פקודת בתי הסוהר (מס' 64 – הוראת שעה – חרבות ברזל) (מצב חירום כליאתי) (תיקון מס' 3), התשפ"ה-2024Law to Amend the Prison Ordinance (No. 64 – temporary provision – Iron Swords) (detention emergency state) (Amendment No. 3), 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 established, as a temporary provision, that the Minister of National Security, on the recommendation of the Commissioner of Prisons and with the agreement of the Prime Minister and the Minister of Defense, may declare a state of incarceration emergency if convinced, in light of significant military operations decided upon by the Ministerial Committee on National Security Affairs under Section 40 of the Basic Law: The Government, and reported to the Knesset Foreign Affairs and Defense Committee on 8 October 2023, that additional detention facilities are immediately needed, or that based on the opinion of security officials there is a high probability 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 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 also allows the prison warden to exercise this authority with regard to cells holding other prisoners. In Amendment No. 3, the validity of the temporary provision regulating the declaration of a state of incarceration emergency due to the security situation in the country was extended until 31 July 2025; alongside extending the validity of the declaration of a state of incarceration emergency until 28 February 2025. It was further established that during such a declaration, deviation from legal provisions would also be permitted regarding the separate holding of administrative detainees and unlawful combatants from sentenced security prisoners, as is currently permitted regarding living space and entitlement to a bed. It was also established that the Government may extend the declaration for periods of up to two months each time, and the time periods for submitting reports to the Knesset National Security Committee under the declaration of a state of incarceration emergency were extended, so that they are submitted once a month instead of once every two weeks.

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