GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Corrections and Conditional Release Act — C-44.6 15.1
Objectives for offender’s behaviour 15.1 (1) The institutional head shall cause a correctional plan to be developed in consultation with the offender as soon as practicable after their reception in a penitentiary. The plan is to contain, among others, the following: (a) the level of intervention in respect of the offender’s needs; and (b) objectives for (i) the offender’s behaviour, including (A) to conduct themselves in a manner that demonstrates respect for other persons and property, (B) to obey penitentiary rules and respect the conditions governing their conditional release, if any, (ii) their participation in programs, and (iii) the meeting of their court-ordered obligations, including restitution to victims or child support. Maintenance of plan (2) The plan is to be maintained in consultation with the offender in order to ensure that they receive the most effective programs at the appropriate time in their sentence to rehabilitate them and prepare them for reintegration into the community, on release, as a law-abiding citizen. Mental health assessment (2.01) In order to ensure that the plan can be developed in a manner that takes any mental health needs of the offender into consideration, the institutional head shall, as soon as practicable after the day on which the offender is received but not later than the 30th day after that day, refer the offender’s case to the portion of the Service that administers health care for the purpose of conducting a mental health assessment of the offender. Update of plan — structured intervention unit (2.1) If an offender is in a structured intervention unit and a determination is made under subsection 29.01(2), paragraph 37.3(1)(b) or section 37.4 or 37.8 that the offender should remain in the structured intervention unit, the institutional head shall, as soon as practicable after the determination, cause the offender’s correctional plan to be updated, in consultation with the offender, in order to ensure that they receive the most effective programs at the appropriate time during their confinement in the structured intervention unit and to prepare them for reintegration into the mainstream inmate population as soon as possible. Progress towards meeting objectives (3) In making decisions on program selection for — or the transfer or conditional release of — an inmate, the Service shall take into account the offender’s progress towards meeting the objectives of their correctional plan. 2012, c. 1, s. 55 2019, c. 27, s. 3
Corrections and Conditional Release Act — C-44.6 15.2
Incentive measures 15.2 The Commissioner may provide offenders with incentives to encourage them to make progress towards meeting the objectives of their correctional plans. 2012, c. 1, s. 55
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Agreements with provinces 16 (1) The Minister may, with the approval of the Governor in Council, enter into an agreement with the government of a province for (a) the confinement in provincial correctional facilities or hospitals in that province of persons sentenced, committed or transferred to penitentiary; and (b) the confinement in penitentiary of persons sentenced or committed to imprisonment for less than two years for offences under any Act of Parliament or any regulations made thereunder. Effect of confinement (2) Subject to subsection (3), a person who is confined in a penitentiary pursuant to an agreement entered into under paragraph (1)(b) is, despite section 743.1 of the Criminal Code , subject to all the statutes, regulations and rules applicable in the penitentiary in which the person is confined. Release date (3) The release date of an offender who is transferred to penitentiary pursuant to an agreement entered into under paragraph (1)(b) shall be determined by crediting against the sentence (a) any remission, statutory or earned, standing to the offender’s credit on the day of the transfer; and (b) the maximum remission that could have been earned on the balance of the sentence pursuant to the Prisons and Reformatories Act . 1992, c. 20, s. 16; 1995, c. 22, s. 13, c. 42, s. 6; 2012, c. 1, s. 56
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Temporary absences may be authorized 17 (1) The institutional head may, subject to section 746.1 of the Criminal Code , subsection 140.3(2) of the National Defence Act and subsection 15(2) of the Crimes Against Humanity and War Crimes Act , authorize the temporary absence of an inmate, other than an inmate described in subsection 17.1(1), if the inmate is escorted by a staff member or other person authorized by the institutional head and, in the opinion of the institutional head, (a) the inmate will not, by reoffending, present an undue risk to society during an absence authorized under this section; (b) it is desirable for the inmate to be absent from the penitentiary for medical or administrative reasons, community service, family contact, including parental responsibilities, personal development for rehabilitative purposes or compassionate reasons; (c) the inmate’s behaviour while under sentence does not preclude authorizing the absence; and (d) a structured plan for the absence has been prepared. The temporary absence may be for an unlimited period if it is authorized for medical reasons or for a period of not more than five days or, with the Commissioner’s approval, for a period of more than five days but not more than 15 days if it is authorized for reasons other than medical reasons. Conditions (2) The institutional head may impose, in relation to a temporary absence, any conditions that the institutional head considers reasonable and necessary in order to protect society. Cancellation (3) The institutional head may cancel a temporary absence either before or after its commencement. Reasons to be given (4) The institutional head shall give the inmate written reasons for the authorizing, refusal or cancellation of a temporary absence. Travel time (5) In addition to the period authorized for the purposes of a temporary absence, an inmate may be granted the time necessary to travel to and from the place where the absence is authorized to be spent. Delegation to provincial hospital (6) Where, pursuant to an agreement under paragraph 16(1)(a), an inmate has been admitted to a hospital operated by a provincial government in which the liberty of patients is normally subject to restrictions, the institutional head may confer on the person in charge of the hospital, for such period and subject to such conditions as the institutional head specifies, any of the institutional head’s powers under this section in relation to that inmate. 1992, c. 20, s. 17; 1995, c. 22, s. 13, c. 42, s. 7(F); 1998, c. 35, s. 108; 2000, c. 24, s. 34; 2013, c. 24, s. 127; 2014, c. 36, s. 1
Corrections and Conditional Release Act — C-44.6 17.1
Temporary absences may be approved — exception 17.1 (1) The Parole Board of Canada may authorize the temporary absence of an inmate who is serving a sentence of imprisonment for life imposed as a minimum punishment and is eligible for day parole if the inmate is escorted by a staff member or other person authorized by the institutional head and the Parole Board of Canada is of the opinion that (a) the inmate will not, by reoffending, present an undue risk to society during an absence authorized under this section; (b) it is desirable for the inmate to be absent from the penitentiary for administrative reasons, community service, family contact, including parental responsibilities, personal development for rehabilitative purposes or compassionate reasons; (c) the inmate’s behaviour while under sentence does not preclude authorizing the absence; and (d) a structured plan for the absence has been prepared. The temporary absence may be for a period of not more than 15 days. Subsequent temporary absence (2) If the Parole Board of Canada authorizes the temporary absence of an inmate under subsection (1) for community service, family contact, including parental responsibilities, or personal development for rehabilitative purposes and the temporary absence is not cancelled because the inmate has breached a condition, the institutional head may authorize that inmate’s subsequent temporary absences with escort if the institutional head is of the opinion that the criteria set out in paragraphs (1)(a) to (d) are met. Subsequent temporary absence — Parole Board (3) If a temporary absence authorized by the institutional head is cancelled because the inmate breached a condition in relation to it, the inmate’s subsequent temporary absence may be authorized only by the Parole Board of Canada. Conditions (4) The Parole Board of Canada or the institutional head, as the case may be, may impose, in relation to a temporary absence that it authorizes, any condition that it considers reasonable and necessary in order to protect society. Cancellation and reasons (5) The institutional head may cancel a temporary absence that is authorized under this section either before or after its commencement and shall give the inmate written reasons for doing so. Authorization or refusal and reasons (6) The Parole Board of Canada or the institutional head, as the case may be, shall give the inmate written reasons for authorizing or refusing a temporary absence. 2014, c. 36, s. 1.1
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Definition of work release 18 (1) In this section, work release means a structured program of release of specified duration for work or community service outside the penitentiary, under the supervision of a staff member or other person or organization authorized by the institutional head. Work releases may be authorized (2) Where an inmate is eligible for unescorted temporary absences under Part II or pursuant to section 746.1 of the Criminal Code , subsection 226.1(2) of the National Defence Act or subsection 15(2) of the Crimes Against Humanity and War Crimes Act , and, in the opinion of the institutional head, (a) the inmate will not, by reoffending, present an undue risk to society during a work release, (b) it is desirable for the inmate to participate in a structured program of work or community service in the community, (c) the inmate’s behaviour while under sentence does not preclude authorizing the work release, and (d) a structured plan for the work release has been prepared, the institutional head may authorize a work release, for such duration as is fixed by the institutional head, subject to the approval of the Commissioner if the duration is to exceed sixty days. Conditions (3) The institutional head may impose, in relation to a work release, any conditions that the institutional head considers reasonable and necessary in order to protect society. Suspension or cancellation (4) The institutional head may suspend or cancel a work release either before or after its commencement. Reasons to be given (5) The institutional head shall give the inmate written reasons for the authorizing, refusal, suspension or cancellation of a work release. Warrant (6) Where a work release is suspended or cancelled after its commencement, the institutional head may cause a warrant in writing to be issued authorizing the apprehension and recommitment to custody of the inmate. 1992, c. 20, s. 18; 1995, c. 22, s. 13, c. 42, ss. 8, 71(F); 1998, c. 35, s. 109; 2000, c. 24, s. 35; 2013, c. 24, s. 127
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General 19 (1) Where an inmate dies or suffers serious bodily injury, the Service shall, whether or not there is an investigation under section 20, forthwith investigate the matter and report thereon to the Commissioner or to a person designated by the Commissioner. Exceptions (1.1) Subsection (1) does not apply to (a) a death that results from an inmate receiving medical assistance in dying , as defined in section 241.1 of the Criminal Code , in accordance with section 241.2 of that Act; or (b) if a registered health care professional advises the Service in writing that the registered health care professional has reasonable grounds to believe that an inmate’s death is from a natural cause. Copy to Correctional Investigator (2) The Service shall give the Correctional Investigator, as defined in Part III, a copy of its report referred to in subsection (1). 1992, c. 20, s. 19; 2016, c. 3, s. 8 2019, c. 27, s. 4
Corrections and Conditional Release Act — C-44.6 19.1
Quality of care review 19.1 (1) If a registered health care professional advises the Service in writing that the registered health care professional has reasonable grounds to believe that the death of an inmate is from a natural cause, the Service shall, whether or not there is an investigation under section 20, without delay, cause a review to be conducted by a registered health care professional employed or engaged by the Service for the purpose of determining the quality of care provided to the inmate in the penitentiary. The registered health care professional shall report on the review to the Commissioner or to a person designated by the Commissioner. Copy to Correctional Investigator (2) The Service shall give the Correctional Investigator , as defined in Part III, a copy of its report referred to in subsection (1). 2019, c. 27, s. 5
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Special investigations 20 The Commissioner may appoint a person or persons to investigate and report on any matter relating to the operations of the Service.
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Application of Inquiries Act 21 Sections 7 to 13 of the Inquiries Act apply in respect of investigations carried on under section 20 (a) as if the references to “commissioners” in those sections were references to the person or persons appointed under section 20; and (b) with such other modifications as the circumstances require.
Corrections and Conditional Release Act — C-44.6 22
Minister may pay compensation 22 The Minister or a person authorized by the Minister may, subject to and in accordance with the regulations, pay compensation in respect of the death or disability of (a) an inmate, or (b) a person on day parole that is attributable to the participation of that inmate or person in an approved program.
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Service to obtain certain information about offender 23 (1) When a person is sentenced, committed or transferred to penitentiary, the Service shall take all reasonable steps to obtain, as soon as is practicable, (a) relevant information about the offence; (b) relevant information about the person’s personal history, including the person’s social, economic, criminal and young-offender history; (c) any reasons and recommendations relating to the sentencing or committal that are given or made by (i) the court that convicts, sentences or commits the person, and (ii) any court that hears an appeal from the conviction, sentence or committal; (d) any reports relevant to the conviction, sentence or committal that are submitted to a court mentioned in subparagraph (c)(i) or (ii); and (e) any other information relevant to administering the sentence or committal, including existing information from the victim, the victim impact statement and the transcript of any comments made by the sentencing judge regarding parole eligibility. Access by offender (2) Where access to the information obtained by the Service pursuant to subsection (1) is requested by the offender in writing, the offender shall be provided with access in the prescribed manner to such information as would be disclosed under the Privacy Act and the Access to Information Act . Disclosure to Service (3) No provision in the Privacy Act or the Access to Information Act shall operate so as to limit or prevent the Service from obtaining any information referred to in paragraphs (1)(a) to (e).
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Accuracy, etc., of information 24 (1) The Service shall take all reasonable steps to ensure that any information about an offender that it uses is as accurate, up to date and complete as possible. Correction of information (2) Where an offender who has been given access to information by the Service pursuant to subsection 23(2) believes that there is an error or omission therein, (a) the offender may request the Service to correct that information; and (b) where the request is refused, the Service shall attach to the information a notation indicating that the offender has requested a correction and setting out the correction requested. 1992, c. 20, s. 24; 1995, c. 42, s. 9(F)
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Service to give information to parole boards, etc. 25 (1) The Service shall give, at the appropriate times, to the Parole Board of Canada, provincial governments, provincial parole boards, police, and any body authorized by the Service to supervise offenders, all information under its control that is relevant to release decision-making or to the supervision or surveillance of offenders. Police to be notified of releases (2) Before the release of an inmate on an unescorted temporary absence, parole or statutory release, the Service shall notify all police forces that have jurisdiction at the destination of the inmate if that destination is known. Service to give information to police in some cases (3) Where the Service has reasonable grounds to believe that an inmate who is about to be released by reason of the expiration of the sentence will, on release, pose a threat to any person, the Service shall, prior to the release and on a timely basis, take all reasonable steps to give the police all information under its control that is relevant to that perceived threat. 1992, c. 20, s. 25; 1995, c. 42, s. 71(F); 2012, c. 1, s. 160
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mation referred to in paragraphs (1)(a) to (c). Idem (2) Where a person has been transferred from a penitentiary to a provincial correctional facility, the Commissioner may, at the request of a victim of an offence committed by that person, disclose to the victim the name of the province in which the provincial correctional facility is located, if in the Commissioner’s opinion the interest of the victim in such disclosure clearly outweighs any invasion of the person’s privacy that could result from the disclosure. Disclosure of information to other persons (3) Subsection (1) also applies, with such modifications as the circumstances require, to a person who satisfies the Commissioner (a) that the person suffered physical or emotional harm, property damage or economic loss, as the result of an act of an offender, whether or not the offender was prosecuted or convicted for that act; and (b) that a complaint was made to the police or the Crown attorney, or an information was laid under the Criminal Code , in respect of that act. Idem (4) Subsection (2) also applies, with such modifications as the circumstances require, to a person who satisfies the Commissioner (a) that the person suffered physical or emotional harm, property damage or economic loss, as the result of an act of a person referred to in subsection (2), whether or not the person referred to in subsection (2) was prosecuted or convicted for that act; and (b) that a complaint was made to the police or the Crown attorney, or an information was laid under the Criminal Code , in respect of that act. Representative (5) A victim may designate a representative to whom the information referred to in subsections (1) and (2) is to be disclosed on the victim’s behalf, or to whom access to a photograph referred to in paragraph (1)(d) is to be provided. In that case, the victim shall provide the Commissioner with the representative’s contact information. Withdrawal of request (6) A victim who has made a request referred to in subsection (1) or (2) may inform the Commissioner in writing that they no longer want the information to be disclosed to them or access to the photograph. In that case, the Commissioner shall not contact them, or their representative, if any, unless the victim subsequently makes the request again. Deemed withdrawal of request (7) The Commissioner may consider a victim to have withdrawn a request referred to in subsection (1) or (2) if the Commissioner has made reasonable efforts to contact the victim and has failed to do so. Other persons (8) Subsections (5) to (7) also apply, with any necessary modifications, to a person who has satisfied the Commissioner of the matters referred to in paragraphs (3)(a) and (b) or (4)(a) and (b). 1992, c. 20, s. 26; 2012, c. 1, s. 57; 2015, c. 13, s. 46
Corrections and Conditional Release Act — C-44.6 26.1
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. 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
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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. Idem (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. Exceptions (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). 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 (a) at any hearing provided for by this Part or the regulations; and (b) for the purposes of understanding materials provided to the offender pursuant to this section. 1992, c. 20, s. 27; 1995, c. 42, s. 10(F)
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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 (i) the safety of the public, (ii) the safety of that person and other persons in the penitentiary, and (iii) the security of the penitentiary; (b) accessibility to (i) the person’s home community and family, (ii) a compatible cultural environment, and (iii) a compatible linguistic environment; and (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