Minister Dames Supports Amendments to the Correctional Services Act
Authored by: Eric Rose
Source: Bahamas Information Services
Date: November 18, 2020

 

NASSAU, The Bahamas –  Minister of National Security the Hon. Marvin H. Dames said, on November 18, 2020, that, in addition to the ongoing administrative, operational and infrastructural upgrades to the Bahamas Department of Correctional Services (BDOCS) facility, a long outstanding issue has been the lack of parity with reference to the age limit for the retirement of subordinate Correctional Officers. 

 

“Today, I will put forth minor but impactful amendments to the Correctional Services Act. These changes are a part of our Government’s institutional reform and continued advancement for a more modern facility,” Minister Dames said, during his Contribution on the Correctional Services (Amendment) Bill 2020, in the House of Assembly.

 

“This Bill will amend the Correctional Services Act of 2014, No. 8 of the Third Schedule, so as to extend the retirement age of subordinate Correctional Officers, while also addressing relatable matters,” he added.  “The Third Schedule of the Principal Act addresses Terms and Condition of Employment, particularly for subordinate Correctional Officers. Paragraph 1, sub-paragraph 2 of the Principal Act will be amended by the deletion of the word ‘fifty’ (50) and substituted for of the word ‘fifty-five’ (55). “

 

Minister Dames noted that, as of that date, it would reflect three percent of the Department’s career Officers, who were between ages 50 – 54 years.

Concurrently, he added, in sub-paragraph 3(a) of the Principal Act, the word ‘ten’ (10) will be deleted and substituted for the word ‘five’.  

 

“Accordingly, this means that a subordinate Correctional Officer -- after having served 30 years -- may be allowed to continue to provide service from year-toyear for a period not exceeding now five years, as opposed to the previous 10 years,” he added.  “To complement sub-paragraph 2 and sub-paragraph 3(a), an amendment will also be made to sub-paragraph 3(b) in which the word ‘fifty’ (50) will be deleted and replaced by the word ‘fifty-five’ (55).

 

“Of course, all of the aforesaid will be dependent on the individual’s physical ability to re-engage and the Commissioner’s recommendation.”

 

The increase in retirement age for Correctional Officers, Minister Dames said, brings the “much-needed” parity among law enforcement agencies in the country.

 

“This now makes pensions equitable, ensures suitability and sustainability of law enforcement personnel over the long-term,” he noted.  “It will also allow for the continued human capital investment from Officers who are still able to contribute their knowledge and skills to the institution.”

 

That also meant, Minister Dames noted, that the agency would not risk losing 22 percent of its Officers between ages 40 – 50 years in the upcoming few years, due to previous legal mandatory retirement age.

 

“Today’s small amendments to the Principal Act is a pivotal step to assist in reducing the level of institutional knowledge that may have been lost with the departure of skilled employees who are still capable of making meaningful contribution to the service,” he said. 

 

To conclude the amendments to Section 1 of the Third Schedule, Minister Dames said, sub-paragraph 5 would be inserted immediately after sub-paragraph (4). The new sub-paragraph should read, “The pension of every subordinate Correctional Officer who re-engages with the Department of Correctional Services shall be suspended during the period of re-engagement and reinstated upon the completion of his-re-engagement,” he added.

 

“As you are now aware, this Government pledged and continues to demonstrate its ability to lead in an equal, equitable and transparent manner.”

 

Minister Dames went on to note that immediately after paragraph 1, the following new paragraph to be known as 1A would be inserted and titled, ‘Compulsory retirement of Officers above the rank of Sergeant”.  He said that it would read as follows, “Every Officer in the Department of Correctional Services other than an Officer referred to in sub-paragraphs (2) and (3) of paragraph 1 of the Third Schedule, shall upon attaining sixty (60) years of age or rendering forty

(40) years of service, whichever is soonest, retire.”

 

“Again, this simple amendment brings much needed parity for Correctional Officers with their counterparts in other law enforcement agencies,” he pointed out.

 

The third amendment, Minister Dames said, would reflect the transitional process for sub-ordinate Correctional Officers. Those Officers whom were scheduled to retire from the Department of Correctional Services, should within the first six months of the date of the coming into force of this Act and wish to apply for reengagement under paragraph 1(3) of the Third Schedule, should apply in writing to the Commissioner of Corrections no less than six months prior to the date that the said Officer is due to retire.

 

“This new amendment shall apply to any person who on the date of the coming into the force of this Act, is a subordinate Correctional Officer,” he said.

 

Minister Dames noted that, globally, prisons were needed in society to house offenders of laws, and the Bahamas Department of Correctional Services was tasked with the detention and the rehabilitation of inmates with the view that they will be reintegrated into the Bahamian society.  

 

“Correctional Officers play a crucial role in overseeing the incarcerated population in The Bahamas Department of Correctional Services,” he said.  “They are men and women, whom are often underappreciated compared to other members of law enforcement, given that they work behind prison walls and they are unseen by the public.” 

 

Minister Dames added that, after having served many years in this profession, the Government was committed to assisting those who serve their country. He noted that, according to researchers (Bouchard, 2018), there were four cornerstones to retirement which include activity, financial, emotional and physical steps.

 

“The four steps are not sequential, but are interconnected and are heavily dependent on adequate financial support,” he said.  “Today’s amendments, though few, have far reaching outcomes for our Correctional Officers and I am proud that our Government has finally sought to do what others have failed to do.”

 

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