85 (1) Subject to subsections (2) to (4), where an inmate escapes, the institutional head may dispose of the inmate’s personal effects
(a) in the case of effects other than legal or official documents, two years after the date of the escape; and
(b) in the case of legal or official documents, seven years after the date of the escape.
(2) The institutional head shall not dispose of an inmate’s effects under subsection (1) unless the institutional head has taken all reasonable steps to determine
(a) that the inmate is not in custody in Canada;
(b) that, where the inmate is in custody in a foreign state, no extradition application is contemplated and the inmate has not applied to the foreign state for a transfer to Canada pursuant to an agreement between that state and Canada; and
(c) that the inmate does not have a next of kin to whom the effects can be sent.
(3) Where the institutional head disposes of an inmate’s personal effects, other than legal or official documents, under subsection (1), the institutional head may
(a) give the effects to a charitable organization located in the vicinity of the penitentiary;
(b) destroy the effects, if the effects are unusable; or
(c) remit the effects to Her Majesty in right of Canada.
(4) Where the institutional head, under subsection (1), disposes of an inmate’s personal effects that are legal or official documents, the institutional head shall dispose of the effects in accordance with the instructions of the Public Trustee or other appropriate official of the province in which the penitentiary is located.
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