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This is an official version. Copyright ©2025: Kings's Printer, Important Information
Newfoundland and Labrador NEWFOUNDLAND Correctional
Services Regulations (Filed February 3, 2025) Under the authority of section 48 of the Correctional Services Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, January 31, 2025. Krista Quinlan REGULATIONS Analysis 1. Short title 2. Interpretation 3. Duties of superintendent 4. Duties of correctional officers 5. Times of admission 6. Proper documentation required for admittance 7. Refusal of admission due to medical needs 8. Transfer of inmates 9. Rights of inmates 10. Supervision of inmates 11. Work, training and programs 12. Health care 13. Identification of inmate 14. Privileged communication 15. Inmate communication 16. Video surveillance of inmates 17. Strip searches - general 18. Strip searches - certain circumstances 19. Illicit drug testing 20. Illicit drugs 21. Confined separately - non-disciplinary reasons 22. Confined separately - voluntarily 23. Rules governing conduct of inmates 24. Informal resolution 25. Referral to hearing adjudicator 26. Confined separately pending disciplinary hearing 27. Disciplinary hearing 28. Disciplinary measures 29. Appeal of decision of hearing adjudicator 30. Inmate grievance procedure 31. Earned remission 32. Discharge of inmates 33. Forfeiture of unclaimed property 34. Commencement Short title 1. These regulations may be cited as the Correctional Services Regulations. Interpretation 2. (1) In these regulations, (a) "Act" means the Correctional Services Act; (b) "confined separately" means a type of confinement where an inmate is highly restricted in movement and association with others for a period of time that is different from the standard general population housed in the correctional facility; (c) "living unit" means a grouping of cells in a defined area of a correctional facility; and (d) "privileged communication" means communication referred to in subsection 14(1). (2) For the purposes of the paragraph 2(k) of the Act, communication by telephone is inmate communication. Duties of superintendent 3. In
addition to the duties that may be assigned to a superintendent under section 7
of the Act, a superintendent shall (a) exercise general
supervision and control over the correctional facility, inmates and staff
members and, so far as practicable, ensure compliance by inmates and staff members
with the rules set by the superintendent and with these regulations;
(b) inspect all areas of
the correctional facility where inmates are accommodated or working, at least
every 6 months; (c) ensure that at all times firefighting equipment
is adequate and in operational condition; (d) ensure that female inmates are kept in the
immediate care and charge of a female correctional officer; (e) notify or cause to be notified, the next of kin of
an inmate when the inmate dies or is seriously ill; and (f) ensure that a health care professional is notified of a complaint or report that an inmate may be suffering from a mental or physical illness. Duties of correctional officers 4. A correctional officer shall (a) be courteous, obedient,
loyal and efficient in the performance of the correctional officer's duties under
the Act and these regulations and impartial when dealing with inmates; (b) obey the lawful instructions
of a supervising correctional officer; (c) comply with the Act, these regulations and where
a Code of Professional Conduct is established under section 11 of the Act, the
Code of Professional Conduct; (d) notify a supervising correctional officer of an inmate’s breach of the
rules set by the superintendent or these regulations and take all reasonable
steps to prevent an inmate from escaping, rioting, destroying property or
committing misconduct; (e) escort and convey inmates to and from places of
confinement, health care facilities or other places; (f) notify
the superintendent or other supervising
correctional officer where an inmate appears to be in poor mental or physical health; (g) perform the correctional officer's duties in an
expeditious and conscientious manner; (h) maintain the correctional officer's appearance
and uniform in a satisfactory manner; and (i) report
to the superintendent any charges laid or convictions
entered against the correctional officer under the Criminal Code or another federal
or provincial statute, within 30 days of the charges being laid or the
convictions being entered, with the exception of non-moving violations under the
Highway Traffic Act. Times of admission 5. The superintendent of a correctional facility may limit admission of persons as inmates to the correctional facility to specified days and specified times. Proper documentation required for admittance 6. (1) The superintendent of a correctional facility shall not admit a person to the correctional facility as an inmate without proper written authority and the superintendent shall ensure that each document is examined before the person is admitted. (2) For the purpose of subsection (1), "proper written authority" includes the following: (a) a warrant of committal; (b) an order for remand; (c) an order of transfer; (d) an order of parole supervision; or (e) an immigration order. (3) Documents required under subsection (1) shall be signed by the appropriate authority. (4) Subsection (1) does not apply to a person who has just been detained and is being admitted to the correctional facility. (5) Notwithstanding subsection (4), before a person
referred to in subsection (4) is admitted to the correctional facility, the
agency that detained the person shall provide the following information: (a) the reason for the detention; and (b) the name of the officer that detained the person. Refusal of admission due to medical needs 7. (1) The superintendent of a correctional facility shall not admit a person to the correctional facility as an inmate where the person appears to the superintendent to be in need of immediate attention from a health care professional. (2) A person who is refused admittance to the correctional facility under subsection (1) shall be transferred to a health care facility by the agency requesting that the person be detained. Transfer of inmates 8. (1) The superintendent of a correctional facility may direct that inmates confined in one correctional facility be moved to another correctional facility, notwithstanding the terms of a disposition to the contrary. (2) If a health care professional determines that
an inmate is not medically fit for transfer to another correctional facility,
the inmate shall not be transferred. Rights of inmates 9. (1) The superintendent of a correctional facility shall
ensure that an inmate is given (a) regular
meals based on (b) at
least 4 hours outside the inmate's cell every day, where possible; (c) a daily exercise period of at least one hour, in the open air where weather, staffing levels, physical infrastructure of the correctional facility and security considerations allow; (d) clothing; (e) a mattress and bedding; (f) access to personal washing or shower facilities at least once per day; (g) toiletries that are necessary for the inmate's health and cleanliness; (h) access to health care, including a health assessment on admission to the correctional facility; (i) access to meaningful contact; (j) access to an inmate handbook which shall include information concerning the rules of the correctional facility; (k) access to practice religion and culture in the correctional facility subject to limits as are reasonable and necessary for the protection of security and the safety of persons at the correctional facility; (l) access
to reading materials; (m) access to personal visits; (n) access
to mail and a telephone; and (o) postage for all privileged communication made by mail and for other communication made by mail, postage for the number of letters approved by the superintendent. (2) Notwithstanding subsection (1), an inmate shall
not be granted rights referred to in that subsection where (a) the superintendent believes on reasonable grounds that one or more
of the rights referred to paragraph (1)(b), (c), (l), (m), (n) or (o) cannot reasonably
be given to the inmate because it may endanger the inmate or another person; or
(b) the
inmate is confined separately under section 21, 22, 26 or paragraph 28(1)(d) and the
superintendent believes on reasonable grounds that one or more of the
rights referred to in subsection (1) cannot reasonably be given to the inmate,
having regard to the limitations of the area in which the inmate is confined
and the necessity for the safe and effective operation of that area. (3) Where
the superintendent restricts an inmate's rights under subsection (2), the
superintendent shall notify the inmate of the reasons for the restriction as
soon as reasonably possible. Supervision of inmates 10. (1) The superintendent shall make every effort to accommodate
reasonable requests by an inmate to be supervised by an authorized person of
the inmate's preferred gender identity. (2) Subsection (1) does not apply in a situation where there is imminent danger to human life or safety. Work, training and programs 11. (1) The superintendent shall endeavour to provide, for each inmate who agrees to participate, useful work, training or programs to assist in the inmate's rehabilitation. (2) Where possible, the work, training and programs referred to in subsection (1) shall (a) reflect the needs and culture of Indigenous inmates; (b) reflect the religious or spiritual beliefs of inmates; (c) take into account the literacy or any disability of the inmates; and (d) take into account the diversity and needs of inmates. (3) Inmates who are confined separately shall be given access to all work, training and programs, either individually or as a group, adapted to the circumstances to the least restrictive extent reasonable and necessary for the security of the correctional facility and staff members. Health care 12. (1) A staff member who becomes aware of an injury to or illness of an inmate shall report the injury or illness to the superintendent. (2) Where a health care professional is providing health care to an inmate and the health care professional holds a professional opinion that, due to the state of health of the inmate, the inmate is a risk to the inmate or another person, or is at risk from another person, the health care professional shall promptly report to the superintendent of that correctional facility the nature and degree of the risk and the action necessary or advisable to mitigate the risk. Identification of inmate 13. On admission to a correctional facility, and at another time on the direction of a staff member, an inmate shall, (a) submit to an identification process that may include a photograph, a digital or video image, or another form of identification approved by the chief superintendent; and (b) provide information about the inmate including (i) name, (ii) date and place of birth, (iii) height and weight, (iv) gender identity, (v) ethnicity, (vi) Medical Care Plan number, (vii) Social Insurance Number, and (viii) distinguishing marks, including birthmarks, scars and tattoos. Privileged communication 14. (1) Privileged communication is communication between an inmate and one or more of the following: (a) a member of Parliament, the Senate or House of Assembly; (b) the Office of the Citizen's Representative; (c) the (d) consular officials; (e) the inmate's health care professionals; (f) the Office of the Child and Youth Advocate; (g) a member of the clergy; (h) the inmate's lawyer; (i) the Chairperson of the National Parole Board; (j) the director; (k) the chief superintendent; (l) the chief adult probation officer; (m) the superintendent; (n) an adult probation officer; and (o) where the inmate is detained or subject to a warrant of arrest and detention under the Immigration Act (Canada), an immigration officer as defined in that Act or, where the inmate is detained or subject to a warrant for arrest and detention under the Immigration and Refugee Protection Act (Canada), a person designated as an officer under that Act. (2) Privileged communication shall not be restricted, intercepted, examined or monitored unless subsection 24(3) of the Act applies. Inmate communication 15. (1) Inmate communication may be monitored by an
authorized person where the monitoring is necessary to maintain or repair the recording
system and the monitoring is performed only for the length of time and to the
extent that is necessary to effect the maintenance or
repair. (2) An authorized person may at the beginning of an inmate communication or a privileged communication by telephone to a place outside of the correctional facility, play a recorded announcement that the telephone call comes from the correctional facility. (3) Inmate communication by mail, other than privileged communication, may be intercepted and examined by an authorized person to determine whether the mail contains contraband but the mail shall not be read unless subsection 24(3) of the Act applies. Video surveillance of inmates 16. (1) The viewing of video surveillance of an inmate shall respect the privacy and dignity of the inmate. (2) Subsection (1) does not apply where there is an imminent danger to human life or safety. Strip searches - general 17. (1) Where the circumstances allow, an authorized person shall, before conducting a strip search, (a) inform the person being searched of the reasons for the strip search; and (b) explain how a strip search is conducted. (2) A strip search that is conducted by an authorized person shall be (a) observed by one other authorized person; (b) carried out in as private an area as the circumstances allow; and (c) carried out as quickly as the circumstances allow. Strip searches - certain circumstances 18. (1) An authorized person shall only conduct a strip search where the authorized person (a) believes on reasonable grounds that the inmate may be in possession of contraband; (b) believes on reasonable grounds that a strip search is necessary in the circumstances; and (c) obtains the authorization of the superintendent. (2) Paragraph (1)(c) does not apply where the authorized person believes on reasonable grounds that the delay that would be necessary in order to comply with this requirement would result in danger to human life or safety or loss or destruction of evidence. (3) The superintendent shall, before giving the authorization referred to in paragraph (1)(c), be satisfied that a strip search is necessary in the circumstances. (4) An authorized person who conducts a strip search under this section shall document, in the manner determined by the chief superintendent, that the strip search occurred. (5) This section does not apply to a strip search that is conducted (a) at the time that an inmate is being admitted, transferred or returned to the correctional facility; or (b) at the commencement of an inmate being confined separately. Illicit drug testing 19. (1) The following samples may be taken from an inmate and may be tested to determine whether an illicit drug is present: (a) a urine sample; (b) a blood sample; (c) a breath sample; (d) an oral fluid sample; and (e) a transdermal sample. (2) Before taking a sample referred to in subsection (1), the authorized person shall obtain the authorization of the superintendent unless the authorized person believes on reasonable grounds that the delay in obtaining authorization would affect the accuracy of the test. (3) The superintendent shall make every effort to accommodate reasonable requests by an inmate to have a urine sample taken in the presence of an authorized person of the inmate's preferred gender identity. (4) An inmate shall provide the sample demanded under subsection (1) within 2 hours of the demand. (5) A sample collected under subsection (1) shall be handled in a manner that ensures there is no tampering, substitution or loss before or during testing. (6) Where the requirements prescribed in this section have been met and the inmate (a) tests positive for an illicit drug; or (b) fails to comply with the demand under this section an authorized person shall refer the matter to a hearing adjudicator for a disciplinary hearing under section 20 of the Act. Illicit drugs 20. The following substances are designated as an illicit drug in a correctional facility (a) a medication that has not been prescribed to the inmate by a person authorized to prescribe the medication in the correctional facility; and (b) tobacco and nicotine, unless authorized by the
superintendent. Confined separately - non-disciplinary reasons 21. (1) The superintendent, or a person designated by the superintendent, may order that an inmate be confined separately where the superintendent believes on reasonable grounds that the inmate (a) is endangering themself or is likely to endanger themself; (b) is endangering another person or is likely to endanger another person; (c) is jeopardizing the management, operation or security of the correctional facility or is likely to jeopardize the management, operation or security of the correctional facility, (d) is at risk of serious harm or is likely to be at risk of serious harm if not confined separately, (e) has contraband hidden in or on the inmate's body; or (f) should be confined separately for a medical reason. (2) An inmate referred to in paragraph (1)(a) or (b) shall only be confined separately where the superintendent is satisfied that there is no reasonable alternative to the inmate being confined separately. (3) The superintendent shall ensure that, within 24 hours of making an order that an inmate be confined separately, the inmate is provided with (a) the reason, in writing, that the inmate was confined separately; and (b) an opportunity to provide reasons as to why the inmate should not be confined separately. (4) Where an inmate is confined separately under subsection (1), the superintendent shall conduct a preliminary review of the inmate’s circumstances no later than 72 hours after the time that the inmate was confined separately. (5) Where, after completing the preliminary review, the superintendent believes that the inmate should no longer be confined separately, the superintendent shall release the inmate from being confined separately. (6) Where an inmate continues to be confined separately after the preliminary review, the superintendent shall review the inmate's circumstances at least once every 5 days to determine whether the inmate should continue to be confined separately. Confined separately - voluntarily 22. (1) Where the superintendent and the inmate agree that the inmate is at risk of serious harm or is likely to be at risk of serious harm when not confined separately, the superintendent and the inmate may agree that the inmate be confined separately. (2) The superintendent shall confirm the agreement under subsection (1) to the inmate in writing. (3) Where the superintendent and the inmate are in agreement under subsection (1), the inmate may be confined separately. (4) Subsections 21(4) to (6) apply to an inmate who is confined separately in accordance with this section. (5) Notwithstanding subsection (4), an inmate who is confined separately in accordance with this section may, at any time, make a written request to the superintendent requesting that the inmate be released from being confined separately. Rules governing conduct of inmates 23. (1) An inmate shall not (a) disobey a direction of a staff member; (b) use disrespectful, indecent, abusive or threatening language toward (i) a staff member, (ii) a visitor, (iii) another inmate, or (iv) another person; (c) commit or threaten to commit an assault or another act of violence against (i) a staff member, (ii) a visitor, (iii) another inmate, or (iv) another person; (d) enter a cell or living unit that is not assigned to that inmate without the permission of a staff member; (e) enter an area of a correctional facility where the inmate is not authorized to be, without the permission of a staff member; (f) damage or destroy property that is not the property of the inmate; (g) steal property or possess stolen property; (h) behave in a disrespectful manner toward a person; (i) engage in an indecent act; (j) physically fight with another person; (k) manufacture or possess an illicit drug, take
an illicit drug into the inmate's body, or sell or give an illicit drug to
another inmate; (l) fail to comply with a demand to submit to an illicit drug test; (m) tattoo the inmate's body; (n) pierce the inmate's body, unless the piercing was (i) part of the inmate's religious beliefs, and (ii) approved by the superintendent; (o) fail to keep the inmate's person, clothing, bedding or cell neat and clean; (p) obstruct a staff member in the execution of the staff member's duties; (q) provide a false or misleading statement to a staff member; (r) offer, give or accept a bribe; (s) feign an illness; (t) gamble; (u) give to or accept from another inmate, money or other property without the permission of a staff member; (v) conceal the inmate's face; (w) escape custody or be unlawfully at large; (x) attempt to obtain, or possess contraband; (y) give or sell contraband to another inmate; (z) create or participate in a disturbance; (aa) engage in an activity that jeopardizes or is likely to jeopardize (i) the safety of a person, or (ii) the management, operation or security of the correctional facility; or (bb) breach a condition of a temporary absence. (2) An inmate shall not breach the Act, these regulations or the rules of a correctional facility. (3) An inmate shall not assist or attempt to assist another inmate to do anything referred to in subsection (1) or (2). (4) An inmate who breaches this section commits a disciplinary offence. Informal resolution 24. (1) Where a correctional officer believes on reasonable grounds that an inmate has committed or is committing a disciplinary offence, a correctional officer shall take all reasonable steps to resolve the matter informally, where possible, using one or more of the following disciplinary measures: (a) give the inmate a verbal warning or reprimand; (b) impose a loss of one or more privileges for a maximum of 24 hours; (c) confine the inmate to the inmate's living unit for a maximum of 24 hours; or (d) confine the inmate to the inmate's cell for a maximum of 24 hours. (2) A correctional officer who imposes one or more of the disciplinary measures referred to in subsection (1), shall file a written report with the correctional officer's supervisor which outlines the circumstances of the incident and the disciplinary measures imposed. (3) The supervisor shall, as soon as practically possible, review the disciplinary measures imposed under paragraph (1)(b), (c) or (d) and shall confirm, vary or cancel the disciplinary measures imposed by the correctional officer. (4) An inmate who is not satisfied with the result of an informal resolution may make a complaint to the superintendent who shall confirm, vary or cancel the disciplinary measures imposed. (5) Where, in the opinion of the correctional officer or the correctional officer's supervisor, a disciplinary offence cannot be satisfactorily resolved by disciplinary measures set out in subsection (1), the correctional officer shall file a written report with the superintendent setting out (a) the disciplinary offence that has been alleged to have been committed; and (b) the circumstances surrounding the alleged disciplinary offence. (6) Where the superintendent receives a report under subsection (5), the superintendent shall determine whether the alleged conduct warrants a disciplinary hearing. (7) Where the superintendent determines that the alleged conduct warrants a disciplinary hearing, the superintendent shall refer the matter to a hearing adjudicator in accordance with section 25. (8) Where the superintendent determines that the alleged conduct does not warrant a disciplinary hearing but warrants disciplinary measures, the superintendent may impose one or more of the following disciplinary measures: (a) loss of one or more privileges for a maximum of 15 days; (b) confine the inmate to the inmate's living unit for a maximum of 24 hours; or (c) a change of program or work activity; and (d) a revocation of a temporary absence permit other than a temporary absence permit for medical reasons. (9) The superintendent shall provide the inmate with written notice of the decision referred to in subsection (8), including reasons for the decision. Referral to hearing adjudicator 25. (1) Where the superintendent determines under subsection 24(7) that a disciplinary hearing is warranted, the correctional officer may charge the inmate with breaching the rules of the correctional facility or these regulations. (2) Where the conduct of an inmate resulting in the alleged breach involves a single action, simultaneous actions or a chain of uninterrupted actions, the conduct shall not give rise to more than one charge unless the offences that are the subject of the charges are substantially different. (3) The superintendent shall, as soon as practicable after determining that a disciplinary hearing is warranted, give written notice to the inmate, setting out the following: (a) the rule or regulation the inmate is alleged to have breached; (b) the circumstances surrounding the alleged breach; (c) the proposed date and time of the hearing; and (d) where the superintendent makes an order under subsection 26(1), the reasons for the order. (4) The charges referred to in subsection (1) shall be referred to a hearing adjudicator for consideration. Confined separately pending disciplinary hearing 26. (1) The superintendent may order that an inmate be confined separately pending the conclusion of a disciplinary hearing where the superintendent believes on reasonable grounds that (a) the inmate is likely to endanger themself or another person when the inmate is not confined separately; (b) the inmate is likely to jeopardize the management, operation or security of the correctional facility when housed in the cell in which the inmate is currently housed; or (c) it is necessary to preserve evidence for the disciplinary hearing. (2) Where the superintendent makes an order under paragraph (1)(a), the inmate shall, where possible, be confined separately in the inmate's cell. (3) An order made under subsection (1) shall be reviewed by the chief superintendent within 24 hours of the order being made and at least every 48 hours thereafter until the inmate is no longer confined separately. (4) Where, on a review under subsection (3), the chief superintendent determines that the circumstances referred to in subsection (1) no longer exist, the chief superintendent shall release the inmate from being confined separately. (5) Notwithstanding subsection (4), the chief superintendent may, at any time, order the release of an inmate being confined separately where the chief superintendent is of the opinion that the circumstances referred to in subsection (1) no longer exist. Disciplinary hearing 27. (1) A disciplinary hearing shall be commenced as soon as practicable and no later than 96 hours from the time that charges were laid under section 25, unless that time limit is extended by the hearing adjudicator. (2) A disciplinary hearing shall not proceed without the presence of the inmate charged with the offence. (3) Notwithstanding subsection (2), a disciplinary hearing may be commenced without the presence of the inmate charged with the offence where (a) the inmate refuses or chooses not to attend the hearing; (b) in the opinion of the superintendent, the inmate's behaviour before the hearing is so disruptive that the inmate cannot be safely escorted to the hearing; or (c) in the opinion of the hearing adjudicator, (i) the presence of the inmate at the hearing would jeopardize the safety of a person at the hearing, or (ii) the inmate is causing serious disruption to the hearing. (4) A disciplinary hearing shall be recorded. (5) At the end of a disciplinary hearing or where the charges are dismissed under subsection 20(6) of the Act, the hearing adjudicator shall, no later than 48 hours after the conclusion of the disciplinary hearing, provide a report to the superintendent that includes the following information: (a) the name of the inmate charged; (b) the rule, regulation, provision, act, action or behaviour in respect of which the charge was made; (c) the date on which the incident occurred that led to the charge being made; (d) the date of the hearing; (e) the decision of the hearing adjudicator, including reasons; and (f) where there are disciplinary measures imposed on the inmate, the particulars of the disciplinary measures. (6) A hearing under subsection (1) shall be held
by means of video conference unless (a) video conference facilities are not available;
or (b) the hearing adjudicator determines that an in-person hearing is required. Disciplinary measures (a) a reprimand; (b) loss of one or more privileges for a maximum of 30 days; (c) a requirement to participate, with the consent of the inmate, in a spiritual or ceremonial process or receive elder's teachings; (d) confined separately for a maximum period of 10 days; (e) confinement to the inmate's cell or living unit for a maximum period of 10 days; or (f) forfeiture of earned remission for a maximum period of 30 days. (2) In addition to the disciplinary measures referred to in subsection (1), a hearing adjudicator may, with the prior approval of the chief superintendent, require an inmate to participate in a program or activity that the hearing adjudicator considers appropriate. (3) When imposing a disciplinary measure under subsection (1) or (2), a hearing adjudicator may take into account the disciplinary record of the inmate. Appeal of decision of hearing adjudicator 29. (1) The chief superintendent shall forward a request for an appeal to an appeal adjudicator as soon as practicable and no later than 7 calendar days from the date the appeal is filed. (2) An appeal adjudicator shall conduct the appeal and provide a report to the chief superintendent as soon as practicable and no later than 96 hours from the time the appeal adjudicator received the appeal, unless that time limit is extended by the appeal adjudicator. (3) A report referred to in subsection (2) shall include the following information: (a) the name of the inmate; (b) the date on which the disciplinary hearing being appealed from took place; and (c) the decision of the appeal adjudicator, including reasons. (3) The chief superintendent shall provide a copy of the report referred to in subsection (2) to following persons no later than 24 hours after receipt of the report: (a) the superintendent of the correctional facility in which the inmate is incarcerated; (b) the hearing adjudicator; and (c) the inmate. Inmate grievance procedure 30. (1) An inmate who has a complaint that is within the jurisdiction of the superintendent may, within 7 days of the occurrence of the matter that is the subject of the complaint, bring the complaint to a staff member and the staff member shall, within 3 days of receipt of the complaint, attempt to resolve the matter informally. (2) Where a complaint under subsection (1) cannot be resolved informally, the inmate may make a written complaint to an authorized person no later than 7 days after the inmate has been informed that the matter cannot be resolved informally. (3) A complaint made to an authorized person under subsection (2) shall contain the following information: (a) nature of the complaint; (b) date the incident occurred; and (c) the informal measures taken to attempt to resolve the matter. (4) An authorized person who receives a complaint under subsection (2) shall review the complaint and provide a written response to the inmate within 7 days of having received the complaint outlining the action taken with respect to the resolution or dismissal of the complaint. (5) Where
an inmate is not satisfied with the outcome of the review of the authorized
person, the inmate may, within 7 days of having received the authorized
person's written response, appeal the matter to the superintendent. (6) The superintendent, upon receipt of an appeal under subsection (5), shall (a) investigate the matter; (b) confirm, vary or cancel the decision of the authorized person; and (c) provide a written response to the inmate within 10 days of having received the appeal. (7) Notwithstanding subsections (1), (2), (4), (5) and (6), the chief superintendent may extend a time period referred to in those subsections where the chief superintendent determines it necessary. Earned remission 31. (1) An inmate who is sentenced to a total aggregate sentence of 3 days or more in a correctional facility and who follows the rules and regulations of the correctional facility is entitled to one day of earned remission credit for each full 2 days that are served. (2) An inmate may have part or all of the inmate's earned remission forfeited in accordance with the disciplinary process. (3) In compelling circumstances affecting an inmate's health or rehabilitation and when it is in the public interest to do so, the chief superintendent may restore part or all of an inmate's lost remission. Discharge of inmates 32. (1) When an inmate is discharged from a correctional facility, the superintendent (a) shall (i) arrange travel to enable the inmate to return to the place in the province where the inmate was convicted, (ii) where necessary, ensure that the inmate is provided with clothing suitable to the climatic conditions at the time of discharge, and (iii) provide the inmate with any medication prescribed for the inmate or a prescription for any medication required by the inmate; and (b) may arrange travel to another place that the superintendent considers reasonable in the circumstances. (2) Where an inmate consents, the superintendent shall notify relevant housing and other service providers that the inmate is being discharged and refer the inmate to the service providers. Forfeiture of unclaimed property 33. (1) Property abandoned by an inmate at a correctional facility on the inmate's release or transfer from the correctional facility and not claimed by the inmate within 30 days from the date of the release or transfer is forfeited to the Crown and may be destroyed or otherwise disposed of at the discretion of the superintendent. (2) Notwithstanding
subsection (1), where the superintendent is of the opinion that the property
abandoned by an inmate is perishable or a risk to health or safety, the
superintendent may, at any time, cause the property to be disposed of or
destroyed. Commencement 34. These regulations come into force on the date the Act comes into force. © King's Printer |