Safe Streets and Communities Act (S.C. 2012, c. 1)

Assented to 2012-03-13

 The portion of section 28 of the Act before paragraph (a) is replaced by the following:

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 an environment that contains only the necessary restrictions, taking into account

 Section 30 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Subclassification

    (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.

 Section 31 of the Act is replaced by the following:

Marginal note:Purpose
  • 31. (1) The purpose of administrative segregation is to maintain the security of the penitentiary or the safety of any person by not allowing an inmate to associate with other inmates.

  • Marginal note:Duration

    (2) The inmate is to be released from administrative segregation at the earliest appropriate time.

  • Marginal note:Grounds for confining inmate in administrative segregation

    (3) The institutional head may order that an inmate be confined in administrative segregation if the institutional head is satisfied that there is no reasonable alternative to administrative segregation and he or she believes on reasonable grounds that

    • (a) the inmate has acted, has attempted to act or intends to act in a manner that jeopardizes the security of the penitentiary or the safety of any person and allowing the inmate to associate with other inmates would jeopardize the security of the penitentiary or the safety of any person;

    • (b) allowing the inmate to associate with other inmates would interfere with an investigation that could lead to a criminal charge or a charge under subsection 41(2) of a serious disciplinary offence; or

    • (c) allowing the inmate to associate with other inmates would jeopardize the inmate’s safety.

 Section 37 of the Act is replaced by the following:

Marginal note:Inmate rights

37. 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.

  •  (1) Paragraphs 40(f) and (g) of the Act are replaced by the following:

    • (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;

  • (2) Section 40 of the Act is amended by striking out “or” at the end of paragraph (r) and by adding the following after that paragraph:

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

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

  •  (1) Paragraph 44(1)(c) of the Act is replaced by the following:

    • (c) an order to make restitution, including in respect of any property that is damaged or destroyed as a result of the offence;

  • (2) Paragraph 44(1)(f) of the Act is replaced by the following:

    • (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.

 The Act is amended by adding the following after section 57:

Marginal note:Monitoring device
  • 57.1 (1) The Service may demand that an offender wear a monitoring device in order to monitor their compliance with a condition of a temporary absence, work release, parole, statutory release or long-term supervision that restricts their access to a person or a geographical area or requires them to be in a geographical area.

  • Marginal note:Representations

    (2) An offender who is required to wear a monitoring device is to be given reasonable opportunities to make representations to the prescribed official in relation to the duration of the requirement.

 Section 61 of the Act is amended by adding the following after subsection (3):

  • Marginal note:Exceptional power to search

    (4) An institutional head may, in writing, authorize a staff member to search the vehicles at a penitentiary if the institutional head has reasonable grounds to believe that

    • (a) there is a clear and substantial danger to the security of the penitentiary or the life or safety of persons because evidence exists that there is contraband at the penitentiary or that a criminal offence is being planned or has been committed at the penitentiary; and

    • (b) it is necessary to search the vehicles in order to locate and seize the contraband or other evidence and to avert the danger.

 Section 84 of the Act is replaced by the following:

Marginal note:Release to aboriginal community

84. If an inmate expresses an interest in being released into an aboriginal community, the Service shall, with the inmate’s consent, give the aboriginal community

  • (a) adequate notice of the inmate’s parole review or their statutory release date, as the case may be; and

  • (b) an opportunity to propose a plan for the inmate’s release and integration into that community.

 Subsection 93(2) of the French version of the Act is replaced by the following:

  • Marginal note:Libération anticipée

    (2) Le directeur peut libérer un détenu dans les cinq jours qui précèdent celui normalement prévu pour sa libération s’il est convaincu que cette mesure facilitera sa réinsertion sociale.

Marginal note:1995, c. 42, s. 24(1)

 Subsection 94(1) of the Act is replaced by the following:

Marginal note:Temporary stay in penitentiary
  • 94. (1) At the request of a person who has been or is entitled to be released from a penitentiary on parole or statutory release, the institutional head may allow them to stay temporarily in the penitentiary in order to assist their rehabilitation, but the temporary stay may not extend beyond the expiration of their sentence.

  •  (1) Subparagraph 96(c)(i) of the French version of the Act is replaced by the following:

    • (i) les circonstances où une indemnité peut être versée,

  • (2) Section 96 of the Act is amended by adding the following after paragraph (m):

    • (m.1) authorizing the Commissioner to, by Commissioner’s Directive, make rules regarding the consequences of tampering with or refusing to wear a monitoring device referred to in section 57.1;

  • (3) Paragraph 96(p) of the Act is replaced by the following:

    • (p) authorizing the institutional head — or a staff member designated by him or her — to, in the prescribed circumstances, restrict or prohibit the entry into and removal from a penitentiary and the use by inmates of publications, video and audio materials, films and computer programs;

  • (4) Paragraph 96(s) of the Act is replaced by the following:

    • (s) respecting penitentiary industry, including regulations authorizing the Minister to establish advisory boards and appoint members to them and regulations providing for the remuneration of those members at rates determined by the Treasury Board and for the reimbursement of any travel and living expenses that are consistent with directives of the Treasury Board and are incurred by those members in performing their duties while away from their ordinary place of residence;

  • (5) Paragraph 96(y) of the Act is replaced by the following:

    • (y) respecting the procedure to be followed on the death of an inmate, including the circumstances in which the Service may pay transportation, funeral, cremation or burial expenses for a deceased inmate;

  • Marginal note:1995, c. 42, subpar. 72(a)(ii)(F)

    (6) Paragraphs 96(z.6) to (z.8) of the Act are replaced by the following:

    • (z.6) respecting the assignment to inmates of security classifications and subclassifications under section 30 and setting out the factors to be considered in determining the security classification and subclassification;

    • (z.7) authorizing the institutional head — or a staff member designated by him or her — to, in the prescribed circumstances, monitor, intercept or prevent communications between an inmate and another person;

    • (z.8) respecting escorted temporary absences — including the circumstances in which the releasing authority may authorize an absence under section 17 — and work releases;

Marginal note:1995, c. 42, par. 70(a)(E); 1997, c. 17, s. 17(1)(F); 2003, c. 22, s. 155
  •  (1) The definitions “day parole” and “working day” in subsection 99(1) of the Act are replaced by the following:

    “day parole”

    « semi-liberté »

    “day parole” means the authority granted to an offender by the Board or a provincial parole board to be at large during the offender’s sentence in order to prepare the offender for full parole or statutory release, the conditions of which require the offender to return to a penitentiary, community-based residential facility, provincial correctional facility or other location each night or at another specified interval;

    “working day”

    « jour ouvrable »

    “working day” has the same meaning as in Part I.

  • (2) Subsection 99(1) of the Act is amended by adding the following in alphabetical order:

    “parole supervisor”

    « surveillant de liberté conditionnelle »

    “parole supervisor” has the meaning assigned by the definition “staff member” in subsection 2(1) or means a person entrusted by the Service with the guidance and supervision of an offender;

 
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