Marginal note:Informal resolution
41. (1) Where a staff member believes on reasonable grounds that an inmate has committed or is committing a disciplinary offence, the staff member shall take all reasonable steps to resolve the matter informally, where possible.
Marginal note:Charge may be issued
(2) Where an informal resolution is not achieved, the institutional head may, depending on the seriousness of the alleged conduct and any aggravating or mitigating factors, issue a charge of a minor disciplinary offence or a serious disciplinary offence.
Marginal note:Notice of charge
42. An inmate charged with a disciplinary offence shall be given a written notice of the charge in accordance with the regulations, and the notice must state whether the charge is minor or serious.
43. (1) A charge of a disciplinary offence shall be dealt with in accordance with the prescribed procedure, including a hearing conducted in the prescribed manner.
Marginal note:Presence of inmate
(2) A hearing mentioned in subsection (1) shall be conducted with the inmate present unless
(a) the inmate is voluntarily absent;
(b) the person conducting the hearing believes on reasonable grounds that the inmate’s presence would jeopardize the safety of any person present at the hearing; or
(c) the inmate seriously disrupts the hearing.
(3) The person conducting the hearing shall not find the inmate guilty unless satisfied beyond a reasonable doubt, based on the evidence presented at the hearing, that the inmate committed the disciplinary offence in question.
Marginal note:Disciplinary sanctions
44. (1) An inmate who is found guilty of a disciplinary offence is liable, in accordance with the regulations made under paragraphs 96(i) and (j), to one or more of the following:
(a) a warning or reprimand;
(b) a loss of privileges;
(c) an order to make restitution, including in respect of any property that is damaged or destroyed as a result of the offence;
(d) a fine;
(e) performance of extra duties; and
(f) in the case of a serious disciplinary offence, segregation from other inmates — with or without restrictions on visits with family, friends and other persons from outside the penitentiary — for a maximum of 30 days.
Marginal note:Collection of fine or restitution
(2) A fine or restitution imposed pursuant to subsection (1) may be collected in the prescribed manner.
- 1992, c. 20, s. 44;
- 2012, c. 1, s. 63.
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