PART IInstitutional and Community Corrections (continued)
Marginal note:Victim-offender mediation services
26.1 (1) The Service shall provide every victim, and every person referred to in subsection 26(3), who has registered themselves with the Service for the purposes of this section with information about its restorative justice programs and its victim-offender mediation services, and, on the victim’s or other person’s request, may take measures to provide those services.
Marginal note:Consent required
(2) The Service’s victim-offender mediation services are to be provided in accordance with the Commissioner’s Directives and they may be provided only with the informed consent of the participants that is voluntarily given.
- 2015, c. 13, s. 47
Marginal note:Information to be given to offenders
27 (1) Where an offender is entitled by this Part or the regulations to make representations in relation to a decision to be taken by the Service about the offender, the person or body that is to take the decision shall, subject to subsection (3), give the offender, a reasonable period before the decision is to be taken, all the information to be considered in the taking of the decision or a summary of that information.
(2) Where an offender is entitled by this Part or the regulations to be given reasons for a decision taken by the Service about the offender, the person or body that takes the decision shall, subject to subsection (3), give the offender, forthwith after the decision is taken, all the information that was considered in the taking of the decision or a summary of that information.
(3) Except in relation to decisions on disciplinary offences, where the Commissioner has reasonable grounds to believe that disclosure of information under subsection (1) or (2) would jeopardize
(a) the safety of any person,
(b) the security of a penitentiary, or
(c) the conduct of any lawful investigation,
the Commissioner may authorize the withholding from the offender of as much information as is strictly necessary in order to protect the interest identified in paragraph (a), (b) or (c).
Marginal note:Right to interpreter
(4) An offender who does not have an adequate understanding of at least one of Canada’s official languages is entitled to the assistance of an interpreter
- 1992, c. 20, s. 27
- 1995, c. 42, s. 10(F)
Placement and Transfer of Inmates
Marginal note:Criteria for selection of penitentiary
28 If a person is or is to be confined in a penitentiary, the Service shall take all reasonable steps to ensure that the penitentiary in which they are confined is one that provides them with the least restrictive environment for that person, taking into account
(a) the degree and kind of custody and control necessary for
(b) accessibility to
(c) the availability of appropriate programs and services and the person’s willingness to participate in those programs.
- 1992, c. 20, s. 28
- 2012, c. 1, s. 58
- 2019, c. 27, s. 6
29 The Commissioner may authorize the transfer of a person who is sentenced, transferred or committed to a penitentiary
(a) to a hospital, including any mental health facility, or to a provincial correctional facility, in accordance with an agreement entered into under paragraph 16(1)(a) and any applicable regulations;
(b) within a penitentiary, from an area that has been assigned a security classification under section 29.1 to another area that has been assigned a security classification under that section, in accordance with the regulations made under paragraph 96(d), subject to section 28; or
(c) to another penitentiary, in accordance with the regulations made under paragraph 96(d), subject to section 28.
- 1992, c. 20, s. 29
- 1995, c. 42, s. 11
- 2019, c. 27, s. 7
Marginal note:Transfers to structured intervention unit
29.01 (1) A staff member who holds a position lower in rank than that of institutional head and who is designated by the Commissioner may, in accordance with the regulations made under paragraph 96(g), and subject to section 28, authorize the transfer of a person who is sentenced, transferred or committed to a penitentiary into a structured intervention unit in the penitentiary or in another penitentiary.
Marginal note:Decision — institutional head
(2) The institutional head shall determine, in accordance with regulations made under paragraph 96(g), whether an inmate should remain in a structured intervention unit within the period of five working days that begins on the first working day on which the inmate is confined in the unit.
- 2019, c. 27, s. 7
Marginal note:Commissioner to classify penitentiaries or areas
29.1 The Commissioner may assign the security classification of “minimum security”, “medium security”, “maximum security” or “multi-level security”, or any other prescribed security classification, to each penitentiary or to any area in a penitentiary.
- 2019, c. 27, s. 8
Marginal note:Service to classify each inmate
Marginal note:Service to give reasons
(2) The Service shall give each inmate reasons, in writing, for assigning a particular security classification or for changing that classification.
(3) Within the maximum and medium security classifications, the Commissioner may assign an inmate to a subclassification in accordance with the regulations made under paragraph 96(z.6).
Marginal note:Commissioner to give reasons
(4) The Commissioner or the staff member designated by the Commissioner shall give each inmate reasons, in writing, for assigning them to a subclassification or for changing that subclassification.
- 1992, c. 20, s. 30
- 2012, c. 1, s. 59
- 2019, c. 27, s. 9(F)
Structured Intervention Units
31 The Commissioner may designate a penitentiary or any area in a penitentiary to be a structured intervention unit.
- 1992, c. 20, s. 31
- 2012, c. 1, s. 60
- 2019, c. 27, s. 10
(a) provide an appropriate living environment for an inmate who cannot be maintained in the mainstream inmate population for security or other reasons; and
(b) provide the inmate with an opportunity for meaningful human contact and an opportunity to participate in programs and to have access to services that respond to the inmate’s specific needs and the risks posed by the inmate.
Marginal note:Physical barriers
(2) For the purposes of paragraph (1)(b), every reasonable effort shall be made to ensure that the opportunity to interact through human contact is not mediated or interposed by physical barriers such as bars, security glass, door hatches or screens.
(3) The Service shall maintain a record of every instance of an interaction referred to in paragraph (1)(b) that is mediated or interposed by such physical barriers.
- 1992, c. 20, s. 32
- 2019, c. 27, s. 10
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