Corrections and Conditional Release Act (S.C. 1992, c. 20)

Act current to 2019-06-20 and last amended on 2018-12-18. Previous Versions

PART IInstitutional and Community Corrections (continued)

Administrative Segregation (continued)

Marginal note:Where institutional head must meet with inmate

 Where the institutional head does not intend to accept a recommendation made under section 33 to release an inmate from administrative segregation, the institutional head shall, as soon as is practicable, meet with the inmate

  • (a) to explain the reasons for not intending to accept the recommendation; and

  • (b) to give the inmate an opportunity to make oral or written representations.

Marginal note:Idem

 Where an inmate requests to be placed in, or continue in, administrative segregation and the institutional head does not intend to grant the request, the institutional head shall, as soon as is practicable, meet with the inmate

  • (a) to explain the reasons for not intending to grant the request; and

  • (b) to give the inmate an opportunity to make oral or written representations.

Marginal note:Visits to inmate

  •  (1) An inmate in administrative segregation shall be visited at least once every day by a registered health care professional.

  • Marginal note:Idem

    (2) The institutional head shall visit the administrative segregation area at least once every day and meet with individual inmates on request.

Marginal note:Inmate rights

 An inmate in administrative segregation has the same rights and conditions of confinement as other inmates, except for those that

  • (a) can only be enjoyed in association with other inmates; or

  • (b) cannot be enjoyed due to

    • (i) limitations specific to the administrative segregation area, or

    • (ii) security requirements.

  • 1992, c. 20, s. 37
  • 2012, c. 1, s. 61

Discipline

Marginal note:Purpose of disciplinary system

 The purpose of the disciplinary system established by sections 40 to 44 and the regulations is to encourage inmates to conduct themselves in a manner that promotes the good order of the penitentiary, through a process that contributes to the inmates’ rehabilitation and successful reintegration into the community.

Marginal note:System exclusive

 Inmates shall not be disciplined otherwise than in accordance with sections 40 to 44 and the regulations.

Marginal note:Disciplinary offences

 An inmate commits a disciplinary offence who

  • (a) disobeys a justifiable order of a staff member;

  • (b) is, without authorization, in an area prohibited to inmates;

  • (c) wilfully or recklessly damages or destroys property that is not the inmate’s;

  • (d) commits theft;

  • (e) is in possession of stolen property;

  • (f) is disrespectful toward a person in a manner that is likely to provoke them to be violent or toward a staff member in a manner that could undermine their authority or the authority of staff members in general;

  • (g) is abusive toward a person or intimidates them by threats that violence or other injury will be done to, or punishment inflicted on, them;

  • (h) fights with, assaults or threatens to assault another person;

  • (i) is in possession of, or deals in, contraband;

  • (j) without prior authorization, is in possession of, or deals in, an item that is not authorized by a Commissioner’s Directive or by a written order of the institutional head;

  • (k) takes an intoxicant into the inmate’s body;

  • (l) fails or refuses to provide a urine sample when demanded pursuant to section 54 or 55;

  • (m) creates or participates in

    • (i) a disturbance, or

    • (ii) any other activity

    that is likely to jeopardize the security of the penitentiary;

  • (n) does anything for the purpose of escaping or assisting another inmate to escape;

  • (o) offers, gives or accepts a bribe or reward;

  • (p) without reasonable excuse, refuses to work or leaves work;

  • (q) engages in gambling;

  • (r) wilfully disobeys a written rule governing the conduct of inmates;

  • (r.1) knowingly makes a false claim for compensation from the Crown;

  • (r.2) throws a bodily substance towards another person; or

  • (s) attempts to do, or assists another person to do, anything referred to in paragraphs (a) to (r).

  • 1992, c. 20, s. 40
  • 2012, c. 1, s. 62

Marginal note:Informal resolution

  •  (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

 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.

Marginal note:Hearing

  •  (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.

  • Marginal note:Decision

    (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

  •  (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

Summary Conviction Offences

Marginal note:Summary conviction offences

 Every person commits a summary conviction offence who

  • (a) is in possession of contraband beyond the visitor control point in a penitentiary;

  • (b) is in possession of anything referred to in paragraph (b) or (c) of the definition “contraband” in section 2 before the visitor control point at a penitentiary;

  • (c) delivers contraband to, or receives contraband from, an inmate;

  • (d) without prior authorization, delivers jewellery to, or receives jewellery from, an inmate; or

  • (e) trespasses at a penitentiary.

 
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