GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Corrections and Conditional Release Act — C-44.6 37.82
Grounds 37.82 (1) The independent external decision-maker may determine under sections 37.8 and 37.81 that an inmate should remain in a structured intervention unit only if the independent external decision-maker believes on reasonable grounds that allowing the inmate’s reintegration into the mainstream inmate population (a) would jeopardize the safety of the inmate or any other person or the security of the penitentiary; or (b) would interfere with an investigation that could lead to a criminal charge or a charge under subsection 41(2) of a serious disciplinary offence. Factors (2) In making the determination, the independent external decision-maker shall take into account (a) the inmate’s correctional plan; (b) the appropriateness of the inmate’s confinement in the penitentiary; (c) the appropriateness of the inmate’s security classification; and (d) any other consideration that he or she considers relevant. 2019, c. 27, s. 10
Corrections and Conditional Release Act — C-44.6 37.83
Decision — reasonable steps 37.83 (1) If, for five consecutive days or for a total of 15 days during any 30-day period, an inmate confined in a structured intervention unit has not spent a minimum of four hours a day outside the inmate’s cell or has not interacted, for a minimum of two hours a day, with others, an independent external decision-maker shall, as soon as practicable, determine whether the Service has taken all reasonable steps to provide the inmate with the opportunities referred to in subsection 36(1) and to encourage the inmate to avail themselves of those opportunities. Recommendations (2) If the independent external decision-maker determines that the Service has not taken all reasonable steps, he or she may make any recommendation to the Service that he or she considers appropriate to remedy the situation. Power to direct removal from unit (3) If the Service, within the period of seven days commencing on the day on which it receives recommendations, fails to satisfy the independent external decision-maker that it has taken all reasonable steps to provide the inmate with the opportunities referred to in subsection 36(1), the independent external decision-maker shall direct the Service to remove the inmate from the structured intervention unit and provide a notice of the direction to the Correctional Investigator as defined in Part III. 2019, c. 27, s. 10
Corrections and Conditional Release Act — C-44.6 37.9
Other duties 37.9 An independent external decision-maker may, in the prescribed circumstances, make a prescribed determination or review in the prescribed manner. 2019, c. 27, s. 10
Corrections and Conditional Release Act — C-44.6 37.91
Restriction of movement and application of provisions before transfer 37.91 (1) The transfer of an inmate to a structured intervention unit must be completed not later than five working days after the day on which the authorization for the transfer is given. Until the transfer is completed, the Service may impose restrictions on the inmate’s movement and sections 29.01, 33, 35 to 37.4 and 37.81 to 37.83 apply with any necessary modifications in respect of the inmate as though the inmate were in a structured intervention unit. However, the opportunity referred to in paragraph 36(1)(b) is to be provided only if the circumstances permit. Obligation of the institutional head (2) The institutional head shall, at least once every day, meet with the inmate. Exception (3) Subsection (1) does not apply if the transfer is to a structured intervention unit in the penitentiary where the inmate is confined at the time the authorization is given. 2019, c. 27, s. 10
Corrections and Conditional Release Act — C-44.6 38
Purpose of disciplinary system 38 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.
Corrections and Conditional Release Act — C-44.6 39
System exclusive 39 Inmates shall not be disciplined otherwise than in accordance with sections 40 to 44 and the regulations.
Corrections and Conditional Release Act — C-44.6 40
Disciplinary offences 40 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
Corrections and Conditional Release Act — C-44.6 41
Informal resolution 41 (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. 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.
Corrections and Conditional Release Act — C-44.6 42
Notice of charge 42 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.
Corrections and Conditional Release Act — C-44.6 43
Hearing 43 (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. 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. 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.
Corrections and Conditional Release Act — C-44.6 44
Disciplinary sanctions 44 (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; and (e) performance of extra duties. (f) [Repealed, 2019, c. 27, s. 11] 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 2019, c. 27, s. 11
Corrections and Conditional Release Act — C-44.6 45
Summary conviction offences 45 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.
Corrections and Conditional Release Act — C-44.6 46
Definitions 46 In sections 47 to 67, body cavity means the rectum or vagina; ( cavité corporelle ) body cavity search means the physical probing of a body cavity, in the prescribed manner; ( examen des cavités corporelles ) body scan search means a search of a body by means of a prescribed body scanner that is conducted in the prescribed manner. ( fouille par balayage corporel ) frisk search means (a) a manual search, or a search by technical means, of the clothed body, in the prescribed manner, and (b) a search of (i) personal possessions, including clothing, that the person may be carrying, and (ii) any coat or jacket that the person has been requested to remove, in accordance with any applicable regulations made under paragraph 96(l); ( fouille par palpation ) non-intrusive search means (a) a search of a non-intrusive nature of the clothed body by technical means, in the prescribed manner, and (b) a search of (i) personal possessions, including clothing, that the person may be carrying, and (ii) any coat or jacket that the person has been requested to remove, in accordance with any applicable regulations made under paragraph 96(l); ( fouille discrète ) strip search means (a) a visual inspection of the naked body, in the prescribed manner, and (b) a search, in accordance with any applicable regulations made under paragraph 96(l), of all clothing, things in the clothing, and other personal possessions that the person may be carrying; ( fouille à nu ) urinalysis means a prescribed procedure by which a person provides a urine sample, by the normal excretory process, for analysis. ( prise d’échantillon d’urine ) 1992, c. 20, s. 46; 1995, c. 42, s. 13(F) 2019, c. 27, s. 12
Corrections and Conditional Release Act — C-44.6
body cavity means the rectum or vagina; ( cavité corporelle )
Corrections and Conditional Release Act — C-44.6
body cavity search means the physical probing of a body cavity, in the prescribed manner; ( examen des cavités corporelles )
Corrections and Conditional Release Act — C-44.6
body scan search means a search of a body by means of a prescribed body scanner that is conducted in the prescribed manner. ( fouille par balayage corporel )
Corrections and Conditional Release Act — C-44.6 (a)
frisk search means (a) a manual search, or a search by technical means, of the clothed body, in the prescribed manner, and (b) a search of (i) personal possessions, including clothing, that the person may be carrying, and (ii) any coat or jacket that the person has been requested to remove, in accordance with any applicable regulations made under paragraph 96(l); ( fouille par palpation )
Corrections and Conditional Release Act — C-44.6 (a)
non-intrusive search means (a) a search of a non-intrusive nature of the clothed body by technical means, in the prescribed manner, and (b) a search of (i) personal possessions, including clothing, that the person may be carrying, and (ii) any coat or jacket that the person has been requested to remove, in accordance with any applicable regulations made under paragraph 96(l); ( fouille discrète )
Corrections and Conditional Release Act — C-44.6 (a)
strip search means (a) a visual inspection of the naked body, in the prescribed manner, and (b) a search, in accordance with any applicable regulations made under paragraph 96(l), of all clothing, things in the clothing, and other personal possessions that the person may be carrying; ( fouille à nu )
Corrections and Conditional Release Act — C-44.6
urinalysis means a prescribed procedure by which a person provides a urine sample, by the normal excretory process, for analysis. ( prise d’échantillon d’urine )
Corrections and Conditional Release Act — C-44.6 47
Routine non-intrusive or frisk searches 47 (1) A staff member may conduct routine non-intrusive searches or routine frisk searches of inmates, without individualized suspicion, in the prescribed circumstances, which circumstances must be limited to what is reasonably required for security purposes. Idem (2) A person providing services of a prescribed class to the Service under a contract has the power to search that a staff member is authorized to conduct under subsection (1) if (a) the conducting of such searches is provided for in the contract but does not constitute the person’s principal services under the contract; (b) the searches are reasonably related to the person’s principal services under the contract; and (c) the person has received the prescribed training to conduct such searches. 1992, c. 20, s. 47; 1995, c. 42, s. 14(F) 2019, c. 27, s. 13(F)
Corrections and Conditional Release Act — C-44.6 48
Routine strip search of inmates 48 (1) Subject to subsection (2), a staff member of the same sex as the inmate may conduct a routine strip search of an inmate, without individualized suspicion, (a) in the prescribed circumstances in situations in which the inmate has been in a place where there was a likelihood of access to contraband that is capable of being hidden on or in the body; or (b) when the inmate is entering or leaving a structured intervention unit. Choice of body scan search (2) A body scan search of the inmate shall be conducted instead of the strip search if (a) the body scan search is authorized under section 48.1; and (b) a prescribed body scanner in proper working order is in the area where the strip search would be conducted. 1992, c. 20, s. 48 2019, c. 27, s. 14
Corrections and Conditional Release Act — C-44.6 48.1
Search by body scan 48.1 A staff member may, in the prescribed circumstances, conduct a body scan search of an inmate, and those circumstances must be limited to what is reasonably required for security purposes. 2019, c. 27, s. 15
Corrections and Conditional Release Act — C-44.6 49
Frisk search of inmate 49 (1) Where a staff member suspects on reasonable grounds that an inmate is carrying contraband or carrying evidence relating to a disciplinary or criminal offence, the staff member may conduct a frisk search of the inmate. Idem (2) A person providing services of a prescribed class to the Service under a contract has the powers of search of a staff member under subsection (1) if (a) the conducting of such searches is provided for in the contract but does not constitute the person’s principal services under the contract; (b) the searches are reasonably related to the person’s principal services under the contract; and (c) the person has received the prescribed training to conduct such searches. Strip search of inmate (3) Where a staff member (a) believes on reasonable grounds that an inmate is carrying contraband or carrying evidence relating to a disciplinary or criminal offence, and that a strip search is necessary to find the contraband or evidence, and (b) satisfies the institutional head that there are reasonable grounds to so believe, a staff member of the same sex as the inmate may conduct a strip search of the inmate. Emergency search (4) Where a staff member (a) satisfies the requirements of paragraph (3)(a), and (b) believes on reasonable grounds that the delay that would be necessary in order to comply with paragraph (3)(b) or with the gender requirement of subsection (3) would result in danger to human life or safety or in loss or destruction of the evidence, the staff member may conduct the strip search without complying with paragraph (3)(b) or the gender requirement of subsection (3).
Corrections and Conditional Release Act — C-44.6 50
Staff member to inform institutional head 50 Where a staff member believes on reasonable grounds that an inmate is carrying contraband in a body cavity, the staff member may not seize or attempt to seize that contraband, but shall inform the institutional head.
Corrections and Conditional Release Act — C-44.6 51
Detention in dry cell 51 (1) If the institutional head is satisfied that there are reasonable grounds to believe that an inmate has ingested contraband or is carrying contraband in their rectum, the institutional head may authorize in writing the detention of the inmate in a cell without plumbing fixtures, on the expectation that the contraband will be expelled. Visits by registered health care professional (2) The inmate must be visited at least once every day by a registered health care professional. 1992, c. 20, s. 51 2019, c. 27, s. 16 2022, c. 10, s. 299 2022, c. 10, s. 301
Corrections and Conditional Release Act — C-44.6 52
Body cavity search 52 Where the institutional head is satisfied that there are reasonable grounds to believe that an inmate is carrying contraband in a body cavity and that a body cavity search is necessary in order to find or seize the contraband, the institutional head may authorize in writing a body cavity search to be conducted by a qualified medical practitioner, if the inmate’s consent is obtained.
Corrections and Conditional Release Act — C-44.6 53
Exceptional power of search 53 (1) Where the institutional head is satisfied that there are reasonable grounds to believe that (a) there exists, because of contraband, a clear and substantial danger to human life or safety or to the security of the penitentiary, and (b) a frisk search or strip search of all the inmates in the penitentiary or any part thereof is necessary in order to seize the contraband and avert the danger, the institutional head may authorize in writing such a search, subject to subsection (2). Gender requirement (2) A strip search authorized under subsection (1) shall be conducted in each case by a staff member of the same sex as the inmate.
Corrections and Conditional Release Act — C-44.6 54
Urinalysis 54 Subject to section 56 and subsection 57(1), a staff member may demand that an inmate submit to urinalysis (a) where the staff member believes on reasonable grounds that the inmate has committed or is committing the disciplinary offence referred to in paragraph 40(k) and that a urine sample is necessary to provide evidence of the offence, and the staff member obtains the prior authorization of the institutional head; (b) as part of a prescribed random selection urinalysis program, conducted without individualized grounds on a periodic basis and in accordance with any Commissioner’s Directives that the regulations may provide for; or (c) where urinalysis is a prescribed requirement for participation in (i) a prescribed program or activity involving contact with the community, or (ii) a prescribed substance abuse treatment program.
Corrections and Conditional Release Act — C-44.6 55
Urinalysis 55 Subject to section 56 and subsection 57(2), a staff member, or any other person so authorized by the Service, may demand that an offender submit to urinalysis (a) at once, where the staff member or other authorized person has reasonable grounds to suspect that the offender has breached any condition of a temporary absence, work release, parole or statutory release that requires abstention from alcohol or drugs, in order to monitor the offender’s compliance with that condition; or (b) at regular intervals, in order to monitor the offender’s compliance with any condition of a temporary absence, work release, parole or statutory release that requires abstention from alcohol or drugs. 1992, c. 20, s. 55; 1995, c. 42, s. 15
Corrections and Conditional Release Act — C-44.6 56
Information requirements 56 Where a demand is made of an offender to submit to urinalysis pursuant to section 54 or 55, the person making the demand shall forthwith inform the offender of the basis of the demand and the consequences of non-compliance.
Corrections and Conditional Release Act — C-44.6 57
Right to make representations 57 (1) An inmate who is required to submit to urinalysis pursuant to paragraph 54(a) shall be given an opportunity to make representations to the institutional head before submitting the urine sample. Idem (2) An offender who is required to submit to urinalysis at regular intervals pursuant to section 55 shall be given reasonable opportunities to make representations to the prescribed official in relation to the length of the intervals.
Corrections and Conditional Release Act — C-44.6 57.1
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. 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. 2012, c. 1, s. 64
Corrections and Conditional Release Act — C-44.6 58
Searches of cells 58 A staff member may, in the prescribed manner, conduct searches of cells and their contents in the prescribed circumstances, which circumstances must be limited to what is reasonably required for security purposes.
Corrections and Conditional Release Act — C-44.6 58.1
Definition of visitor 58.1 Despite the definition visitor in subsection 2(1), in sections 59, 60 and 60.1 visitor does not include an immigration detainee , as defined in section 94.1. 2024, c. 17, s. 386 2024, c. 17, s. 392
Corrections and Conditional Release Act — C-44.6 59
Routine non-intrusive or frisk searches 59 A staff member may conduct routine non-intrusive searches or routine frisk searches of visitors, without individualized suspicion, in the prescribed circumstances, which circumstances must be limited to what is reasonably required for security purposes. 1992, c. 20, s. 59 2019, c. 27, s. 17(F)