As the government looks to decongest correctional facilities in the country, a Presidential Order was issued to determine modalities for the execution of the penalty of community service for qualifying convicts.

The order was published in the Official Gazette on April 24.

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The penalty of community service was developed upon the proposal of the Minister of Justice and Attorney General.

It will be implemented by Rwanda Correctional Service (RCS) in collaboration with district authorities.

The New Times takes a look at seven key highlights of the implementation of this programme.

Determination of works

District authorities will establish a list of public works that needs to be carried out during execution of the penalty of community service and submit it to the management of RCS. This list may be reviewed over time when deemed necessary.

Public institutions, civil society or members of the private sector who need to employ these persons should apply to RCS in writing and upon approval, the organization signs a contract with the Commissioner General of RCS or a delegate.

Criteria to be followed

RCS draws a list of persons sentenced to the penalty of community service and submits it to the district where they convicts reside and the authority notifies the person the date on which they must report to RCS in order to be assigned work.

If they are not found within 30 days from the date on which he or she should report, they are tracked by the Police and reported back to RCS.

The placement of inmates sentenced to community service should ensure that the works to be performed are in harmony with public interest and in line with the Government programmes.

It should also consider the intellectual and physical capacity of the person, as well as that of the organisation requesting to employ them in preparing the projected activity, monitoring it, assessing its productivity, meeting its deadline, and monitoring the change of behavior of the inmate.

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Camps for inmates

According to the guidelines, RCS will work with the concerned district to determine places to host camps for persons sentenced to the penalty of community service when it finds that it is the appropriate way to use.

However, a person who wishes to change his or her residence informs the district that they wish to relocate, and the officials notify RCS of the information regarding the relocation.

While in camps, they will be provided with fundamental needs such as food, medical care, uniform, civic education courses, and transport fees after serving the penalty.

Location of execution

RCS selects the place where a person sentenced to the penalty of community service serves his or her penalty, depending on his or her capacity, either intellectual or physical.

A person sentenced to the penalty of community service may serve it living at home or in camps. Works given to a person sentenced to the penalty of community service must not be connected to the victim of the offence.

Working days

A person sentenced to the penalty of community service works for five days a week if he or she serves the penalty in camp, and three days if he or she serves the penalty living at home.

The daily work of the person sentenced to the penalty of community service is five hours a day

However, depending on the particular nature of the work to be performed, the daily work may be determined according to a time fixed by the concerned district authority after consultations with RCS.

Suspending the execution of the penalty

A person serving the penalty of community service may request a suspension of executing that sentence, presenting a certificate from a recognised medical doctor confirming reasons not allowing them to execute the penalty.

These include physical or mental disability, a disease that might hinder them from working, when she is pregnant and there are risks on their health or that of the feotus.

Where will proceeds go?

The order indicates that funds obtained from the execution of the penalty of community service will be deposited into the Public Treasury.