Prisons Amendment Act 2002
PRISONS AMENDMENT ACT 2002

1989 Revision 1

BERMUDA
2002 : 17

PRISONS AMENDMENT ACT 2002

[Date of Assent: 19 July 2002]

[Operative Date: 14 December 2002]

WHEREAS it is expedient to amend the Prisons Act 1979 to
provide for the testing of prisoners for controlled drugs and alcohol and
to change the name of the Prisons Department to the Department of
Corrections:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Citation
1 This Act, which amends the Prisons Act 1979 ("the principal
Act") may be cited as the Prisons Amendment Act 2002.

Insertion of new section 24A in principal Act
2 The principal Act is amended by the insertion after section 24 of
the following:

"Testing prisoners for drugs
24A When so authorised in writing by the Commissioner of
Prisons, any prison officer may, at the prison, in accordance with
prison rules, require any prisoner who is confined in the prison
to provide a sample of urine for the purpose of ascertaining

PRISONS AMENDMENT ACT 2002

2 1989 Revision

whether he has any controlled drug, as defined in the Misuse of
Drugs Act 1972, in his body.

Testing prisoners for alcohol
24B When so authorized in writing by the Commissioner of
Prisons, any prison officer may, at the prison, in accordance with
prison rules, require any prisoner who is confined in the prison
to provide a sample of breath for the purpose of ascertaining
whether he has alcohol in his body.

Failure to provide sample is an offence against discipline
24C It is an offence against prison discipline for a prisoner who
is required to provide a sample pursuant to section 24A or 24B
to refuse to provide a sample or to fail to provide such a sample
as is, in the opinion of the prison officer, necessary to enable a
proper analysis of the sample.".

Amendment of principal Act
3 Section 2(1) in the definition of "Minister", the heading to section
4, subsections (1), (2) and (3) of section 4 and section 7(2) of the
principal Act are amended by deleting the words "Prisons Department"
and substituting the words "Department of Corrections".

Amendment of other statutory provisions
4 In any statutory provision the words "Prisons Department" or
"Department of Prisons" are deleted and the words "Department of
Corrections" are substituted.

Commencement
5 This Act comes into operation on such date as the Minister
responsible for prisons may appoint by notice published in the Gazette
and different dates may be appointed for different provisions of this Act.