672.64 to 672.66 [No sections 672.64 to 672.66]
Dual Status Offenders
Marginal note:Where court imposes a sentence
672.67 (1) Where a court imposes a sentence of imprisonment on an offender who is, or thereby becomes, a dual status offender, that sentence takes precedence over any prior custodial disposition, pending any placement decision by the Review Board.
Marginal note:Custodial disposition by court
(2) Where a court imposes a custodial disposition on an accused who is, or thereby becomes, a dual status offender, the disposition takes precedence over any prior sentence of imprisonment pending any placement decision by the Review Board.
- 1991, c. 43, s. 4;
- 1995, c. 22, s. 10;
- 2005, c. 22, s. 25.
Definition of “Minister”
672.68 (1) In this section and in sections 672.69 and 672.7, “Minister” means the Minister of Public Safety and Emergency Preparedness or the Minister responsible for correctional services of the province to which a dual status offender may be sent pursuant to a sentence of imprisonment.
Marginal note:Placement decision by Review Board
(2) On application by the Minister or of its own motion, where the Review Board is of the opinion that the place of custody of a dual status offender pursuant to a sentence or custodial disposition made by the court is inappropriate to meet the mental health needs of the offender or to safeguard the well-being of other persons, the Review Board shall, after giving the offender and the Minister reasonable notice, decide whether to place the offender in custody in a hospital or in a prison.
(3) In making a placement decision, the Review Board shall take into consideration
(a) the need to protect the public from dangerous persons;
(b) the treatment needs of the offender and the availability of suitable treatment resources to address those needs;
(c) whether the offender would consent to or is a suitable candidate for treatment;
(d) any submissions made to the Review Board by the offender or any other party to the proceedings and any assessment report submitted in writing to the Review Board; and
(e) any other factors that the Review Board considers relevant.
Marginal note:Time for making placement decision
(4) The Review Board shall make its placement decision as soon as practicable but not later than thirty days after receiving an application from, or giving notice to, the Minister under subsection (2), unless the Review Board and the Minister agree to a longer period not exceeding sixty days.
Marginal note:Effects of placement decision
(5) Where the offender is detained in a prison pursuant to the placement decision of the Review Board, the Minister is responsible for the supervision and control of the offender.
- 1991, c. 43, s. 4;
- 2005, c. 10, s. 34.
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