Statutes of Newfoundland and Labrador 2024 Chapter 12

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL2011 cC-37.00001
as amended

1. Section 2 of the Correctional Services Act is repealed and the following substituted:

Interpretation

2. (1) In this Act

(a) "authorized person" means the chief superintendent and the superintendent of a correctional facility and includes

(i) a staff member designated by the superintendent of the correctional facility to exercise the powers and perform the duties and functions under sections 24, 25, 26, 27, 28, 29, 30, 32 and 33, and

(ii) a member of a category of persons designated by the chief superintendent to exercise the powers and perform the duties and functions under sections 24, 25, 26, 27, 28, 29, 30, 32 and 33;

(b) "bail supervision program" means a program that verifies bail and supervises and enforces the bail conditions of persons participating in the program;

(d) "chief superintendent" means the Chief Superintendent of Correctional Facilities appointed under paragraph 6(1)(b);

(e) "contraband" means

(i) an illicit drug,

(ii) if possessed without prior authorization, a weapon, a component of a weapon or ammunition for a weapon, or a thing that is designed to kill, injure or disable or is altered so as to be capable of killing, injuring or disabling,

(iii) an explosive or bomb, or a component of an explosive or bomb,

(iv) if possessed without prior authorization, currency,

(v) if possessed without prior authorization, tobacco leaves or a product produced from tobacco, or

(vi) if possessed without prior authorization, another object or substance that, in the opinion of an authorized person, may threaten the management or operation of, or discipline, security, health or safety of persons in the correctional facility;

(f) "correctional facility" means a place of lawful confinement in the province including a jail, prison, lockup, place of imprisonment, camp or correctional institution, and land connected with it, but does not include

(i) penitentiaries under the control of the Government of Canada, or

(ii) a facility designated for young offenders under the Young Persons Offences Act;

(g) "department" means the department presided over by the minister;

(h) "director" means the Director of Corrections and Community Services appointed under paragraph 6(1)(a);

(i) "division" means the division of the department responsible for corrections;

(j) "health care facility" means a facility operated by the Provincial Health Authority established under the Provincial Health Authority Act;

(k) "health care professional" means

(i) a medical practitioner as defined in the Medical Act, 2011,

(ii) a registered nurse or nurse practitioner as defined in the Registered Nurses Act, 2008, and

(iii) a registered psychologist as defined in the Psychologists Act, 2005;

(l) "illicit drug" means

(i) alcohol,

(ii) cannabis, other than cannabis that is possessed or consumed with prior authorization,

(iii) a controlled substance and an analogue, as defined in the Controlled Drugs and Substances Act (Canada), and

(iv) any other substance designated by the regulations;

(m) "illicit drug test" means a test, prescribed in the regulations, to determine the presence of an illicit drug;

(n) "inmate" means a person who is sentenced to imprisonment or otherwise lawfully detained at a correctional facility;

(o) "inmate communication" means communication made or intended to be made by oral, written, electronic or another means that may be prescribed in the regulations, between an inmate and another person, including another inmate, other than a privileged communication prescribed in the regulations;

(p) "minister" means the minister appointed under the Executive Council Act to administer this Act;

(q) "monitor" means, in respect of inmate communication,

(i) to listen to inmate communication,

(ii) to listen to recorded inmate communication, or

(iii) to read inmate communication delivered to the correctional facility or sent from within the correctional facility;

(r) "offender" means

(i) an inmate, or

(ii) a person serving a custodial sentence or a community based sentence;

(s) "staff member" includes the chief superintendent, superintendents, and other commissioned and non-commissioned officers, correctional officers and other persons employed at a correctional facility and the chief adult probation officer and adult probation officers;

(t) "strip search" means a visual inspection of a naked person by an authorized person;

(u) "superintendent" means a Superintendent appointed under paragraph 6(1)(d);

(v) "temporary absence" means a temporary absence authorized under section 34; and

(w) "visitor" means a person in a correctional facility other than an inmate or a staff member.

(2) A reference to "superintendent" in this Act or the regulations includes a person designated under subsection 7(4), (5) or (7).

(3) A search under this Act or the regulations includes a search conducted using an electronic device.

2. Section 4 of the Act is repealed and the following substituted:

Principles

4. This Act and the regulations made under it shall be interpreted and administered in a manner consistent with the following principles:

(a) the protection of society shall be given paramount consideration in making decisions or taking action under this Act;

(b) the safety of the community and the furtherance of a just and peaceful society will be enhanced, as far as possible, through maximizing individual opportunities for rehabilitation and reintegration that recognize the needs and circumstances of inmates in correctional facilities and offenders in the community;

(i) wherever possible, appropriate career development and training opportunities, and

(ii) a workplace environment that encourages integrity and personal accountability and that is consistent with the regulations and the relevant Code of Professional Conduct established under section 11;

(d) inmates shall obey correctional facility rules and will be subject to the least restrictive measures consistent and necessary for the protection of the public, staff members, visitors and inmates;

(e) offenders shall obey community supervision conditions and will be subject to the least restrictive measures consistent and necessary for the protection of the public, staff members and offenders;

(f) inmates are entitled to fair treatment with access to an effective grievance and disciplinary procedure;

(g) inmates are entitled to equitable access to health care; and

(h) policies, programs and practices will be responsive to the particular needs of women, gender diverse individuals and Indigenous peoples, the needs of offenders with particular mental health and addictions requirements, and the needs of other groups of offenders with special requirements.

3. Paragraph 5(b) of the Act is repealed and the following substituted:

(b) respecting the transfer of inmates from a correctional facility to a penitentiary or to an institution for the custody of inmates in another province or territory, or from a penitentiary or an institution for the custody of inmates in another province or territory to a correctional facility; or

4. (1) Subsection 6(3) of the Act is repealed and the following substituted:

(3) A superintendent of a correctional facility that houses female inmates or gender diverse inmates shall have the knowledge, experience, skill and education necessary to appreciate and understand the unique challenges and needs faced by the female inmates or gender diverse inmates of that correctional facility which may be the result of their pre-incarceration circumstances.

(2) Subsection 6(5) of the Act is repealed and the following substituted:

(5) Authorized persons are peace officers and, while exercising the powers and performing the duties and functions under this Act and the regulations, have all the powers, authority, protection and privileges that peace officers have by law.

(3) Section 6 of the Act is amended by adding immediately after subsection (5) the following:

(6) Where a director is not appointed under paragraph (1)(a), the assistant deputy minister of the department responsible for corrections shall exercise the powers and perform the duties of the director under this Act and the regulations.

5. (1) Subsection 7(2) of the Act is amended by deleting the words "member of the staff" and substituting the word "person".

(2) Paragraph 7(3)(c) of the Act is amended by deleting the word "offenders" and substituting the word "inmates".

(3) Subsection 7(3) of the Act is amended by deleting the word "and" at the end of paragraph (d), deleting the period at the end of paragraph (e) and substituting a semi-colon and the word "and" and adding immediately after paragraph (e) the following:

(f) other duties prescribed in the regulations.

(4) Section 7 of the Act is amended by adding immediately after subsection (6) the following:

(7) The superintendent may designate a staff member to exercise one or more of the powers or perform one or more of the duties of the superintendent where the superintendent determines it is necessary.

6. (1) Paragraph 8(1)(a) of the Act is repealed and the following substituted:

(a) the safe, effective and efficient delivery of services to offenders subject to community supervision through the overall planning, management and administration of probation services;

(2) Subsection 8(2) of the Act is amended by deleting the words "member of the staff named" and substituting the words "person designated".

7. Section 9 of the Act is repealed and the following substituted:

Powers and duties of adult probation officers

9. (1) An adult probation officer

(a) is an adult probation officer for all of the province;

(b) is an officer of every court in the province;

(d) has the power to procure and report information for the court in respect of a person charged with or convicted of an offence.

(2) An adult probation officer is responsible for the supervision of persons

(a) placed on probation by a court;

(b) subject to a conditional sentence imposed by a court;

(d) found guilty of an offence in the intimate partner violence intervention court and awaiting the sentence of that court;

(e) participating in

(i) a bail supervision program established and administered by the division, and

(ii) other bail supervision programs that may be prescribed in the regulations; and

(f) in other circumstances prescribed in the regulations.

(3) An adult probation officer may exercise the powers of an authorized person set out in subsection 32(1) in respect of a person under the adult probation officer's supervision.

(4) If an adult probation officer exercises the powers of an authorized person set out in subsection 32(1) in respect of a person under the adult probation officer's supervision, the adult probation officer shall perform the duties set out in subsection 32(2) in respect of the person under the adult probation officer's supervision.

(5) An adult probation officer is a peace officer and, while exercising the powers and performing the duties and functions under this Act and the regulations, has all the powers, authority, protection and privileges that peace officers have by law.

(6) An adult probation officer charged with the supervision of a person who is subject to a probation order or a conditional sentence or participating in a bail supervision program may report to the court or a member of a provincial police force if the person fails to comply with

(a) the terms of the probation order;

(b) the terms of the conditional sentence; or

(7) An adult probation officer charged with the supervision of a person on a temporary absence may report to the superintendent who requested the supervision if the person fails to comply with the terms of the temporary absence.

8. Section 11 of the Act is amended by renumbering it subsection 11(1) and adding immediately after subsection (1) the following:

(2) Notwithstanding subsection (1), the Lieutenant-Governor in Council may make regulations prescribing the conduct of staff members.

(3) Where the Lieutenant-Governor in Council makes regulations prescribing the conduct of staff members, the Codes of Professional Conduct referred to in subsection (1) shall not be inconsistent with the regulations.

9. Paragraph 12(a) of the Act is amended by deleting the words "him or her" and substituting the words "the person".

10. Subsection 13(1) of the Act is amended by deleting the word "offenders" and substituting the word "inmates".

11. (1) Paragraph 14(1)(b) of the Act is amended by deleting the words "Department of Justice" and substituting the word "department".

(2) Subsection 14(2) of the Act is repealed and the following substituted:

(2) On the request of Victim Services or a victim of an offence of which an inmate has been found guilty, the superintendent of a correctional facility in which the inmate is incarcerated

(a) shall disclose to Victim Services or to the victim the following information about the inmate:

(i) the inmate's name,

(ii) the offence of which the inmate was found guilty and the court that found the inmate guilty,

(iii) the date of commencement and length of the sentence that the court imposed,

(iv) conditions contained in the inmate's sentence that relate to the victim,

(v) the date on which the inmate is to be released from custody, including the date or dates of a temporary absence and the date or dates the inmate may be eligible for release,

(vi) conditions attached to the inmate's release, including conditions attached to a temporary absence that relate to the victim, and

(vii) the location of the correctional facility in which the inmate's sentence is being served; and

(b) may disclose to Victim Services or to the victim, where in the superintendent's opinion the interest of the victim in the disclosure clearly outweighs the invasion of the inmate's privacy that could result from the disclosure, the municipality or area where the inmate proposes to reside during a temporary absence or while under court-ordered community supervision and whether the inmate will be in the vicinity of the victim while travelling to that municipality or area, if known.

(3) Subsection 14(3) of the Act is amended by

(a) deleting the words "a probation officer" wherever they appear and substituting the words "an adult probation officer"; and

(b) deleting the words "if applicable" and substituting the words "if known".

12. (1) Subsection 18(1) of the Act is amended by deleting the words "an assessment" and substituting the words "a security and risk assessment".

(2) Subsection 18(2) of the Act is repealed and the following substituted:

(2) A plan referred to in subsection (1) shall assess the inmate's correctional needs and the appropriate programs to meet those needs to

(a) promote accountability;

(b) support the inmate's rehabilitation and reintegration into the community; and

13. Paragraph 20(1)(b) of the Act is amended by deleting the word "punishment" and substituting the words "disciplinary measures".

14. Subsection 21(1) of the Act is repealed and the following substituted:

Appeal adjudicators

21. (1) The minister may appoint persons as appeal adjudicators to conduct appeals of decisions of hearing adjudicators in respect of disciplinary hearings.

15. Subsection 22(9) of the Act is repealed and the following substituted:

(9) At the conclusion of an appeal, the appeal adjudicator may

(a) confirm or revoke the decision of the hearing adjudicator;

(b) vary the decision of the hearing adjudicator and impose one or more of the disciplinary measures prescribed in the regulations; or

16. (1) Paragraph 24(3)(c) of the Act is amended by deleting the words "he or she" and substituting the words "the other person".

(2) Subsection 24(4) of the Act is repealed and the following substituted:

(4) If inmate communication has been restricted, an authorized person shall, as soon as reasonably possible, inform the inmate and give the reasons under subsection (3) for the restriction.

17. Section 26 of the Act is amended by deleting the words "Persons appointed or employed to exercise powers and perform duties in the administration of this Act" and substituting the words "Authorized persons".

18. Subsection 27(5) of the Act is repealed and the following substituted:

(5) Where a search under subsection (1), (2) or (3) includes a strip search, effort shall be made to accommodate requests for inmates to have the strip search conducted by an authorized person of the inmate's preferred gender identity unless the delay that would be caused by complying with this requirement would result in imminent danger to human life or safety.

19. (1) Subsection 28(7) of the Act is repealed and the following substituted:

(7) Where a search of a visitor includes a strip search, effort shall be made to accommodate requests for visitors to have the strip search conducted by an authorized person of the visitor's preferred gender identity unless the delay that would be caused by complying with this requirement would result in imminent danger to human life or safety.

(2) Subsection 28(9) of the Act is amended by

(a) deleting the word "person" and substituting the word "visitor"; and

(b) deleting the words "his or her" and substituting the words "the visitor's".

20. (1) Subsection 29(6) of the Act is repealed and the following substituted:

(6) Where a search of a staff member includes a strip search, effort shall be made to accommodate requests for staff members to have the strip search conducted by an authorized person of the staff member's preferred gender identity unless the delay that would be caused by complying with this requirement would result in imminent danger to human life or safety.

(2) Paragraph 29(8)(a) of the Act is amended by deleting the words "his or her" and substituting the words "the staff member's".

21. Subsection 31(3) of the Act is repealed and the following substituted:

(3) Every person who commits an offence under this section is liable on summary conviction to a fine of up to $5,000 or to imprisonment for a term of up to 2 years, or to both a fine and imprisonment.

22. Subsection 32(1) of the Act is repealed and the following substituted:

Illicit drug test

32. (1) An authorized person may demand that

(a) an inmate submit to an illicit drug test, if the authorized person believes on reasonable grounds that the inmate has taken an illicit drug into the inmate's body; or

(b) an offender submit to an illicit drug test where the court requires that the offender submit to an illicit drug test as a condition of the offender's probation or conditional release or if the offender is under the supervision of an adult probation officer in another circumstance that may be prescribed and an illicit drug test is required to monitor compliance with the condition

(i) at regular intervals, or

(ii) at any time, if the authorized person believes on reasonable grounds that the offender has breached the condition.

23. (1) Subsection 33(1) of the Act is repealed and the following substituted:

Power to seize and dispose of objects and substances seized

33. (1) An authorized person may seize an object or substance if the authorized person believes on reasonable grounds that the object or substance is contraband or evidence relating to an offence under subsection 31(1).

(2) Subsection 33(2) of the Act is amended by deleting the words "staff member" and substituting the words "authorized person".

(3) Paragraph 33(4)(a) of the Act is amended by deleting the words "his or her" and substituting the words "the inmate's".

(4) Paragraph 33(5)(b) of the Act is repealed and the following substituted:

(b) the owner cannot be identified or located and 30 days has passed since the seizure;

(5) Paragraph 33(5)(c) of the Act is repealed and the following substituted:

(c) the object or substance is determined to be contraband in a hearing conducted in accordance with the regulations and possession of it outside the correctional facility would be unlawful; or

(6) Section 33 of the Act is amended by adding immediately after subsection (5) the following:

(6) Notwithstanding subsection (5), where the superintendent is of the opinion that the object or substance seized under subsection (1) is perishable or a risk to health or safety, the superintendent may, at any time, cause the object or substance to be disposed of or destroyed.

24. Subsection 34(4) of the Act is amended by deleting the words "him or her" and substituting the words "the inmate".

25. The Act is amended by adding immediately after section 34 the following:

Transfer of inmate to health care facility

34.1 (1) Where a medical practitioner or a nurse practitioner has determined that an inmate detained in a correctional facility is ill and requires treatment at a health care facility, the chief superintendent may, by order of the minister, remove the inmate from the correctional facility and transport the inmate to a health care facility.

(2) Where an inmate is removed from a correctional facility under subsection (1), the inmate shall

(a) be considered to remain in the custody of the chief superintendent; and

(b) is subject to the rules and regulations of the correctional facility where they are applicable.

(3) Where the chief superintendent removes an inmate from a correctional facility under subsection (1), the chief superintendent shall, where ordered by the minister, return the inmate to the correctional facility.

26. Subsection 35(3) of the Act is amended by deleting the words "peace officer" wherever they appear and substituting the words "police officer".

27. Subsection 36(3) of the Act is amended by deleting the words "his or her" and substituting the words "the chief superintendent's".

28. Section 38 of the Act is amended by

(a) deleting the word "offender" and substituting the word "inmate"; and

(b) deleting the words "his or her" and substituting the words "the inmate's".

29. Subsection 39(5) of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

30. (1) Paragraph 40(2)(b) of the Act is amended by deleting the words "his or her" and substituting the words "the employee's".

(2) Paragraph 40(3)(a) of the Act is amended by deleting the word "offender" and substituting the word "inmate".

31. Subsection 41(2) of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court".

32. Section 42 of the Act is amended by deleting the words "Trial Division" wherever they appear and substituting the words "Supreme Court".

33. Part IV of the Act is repealed and the following substituted:

PART IV
CONTINUITY OF CORRECTIONAL PROGRAMMING AND SERVICES

Continuity of programming and services

45. The director shall coordinate and encourage wherever possible

(a) the interrelated activities of correctional facilities and community correctional programming that are concerned with offenders at all stages of their sentences; and

(b) both in the correctional facility and in the community

(i) programming and, where available, programming that is evidence based, and

(ii) specific programming and services to

(A) reflect the needs and culture of Indigenous offenders,

(B) provide for the particular needs of female offenders and gender diverse offenders, and

(C) provide for the specific needs of offenders with particular mental health and addictions requirements and other classes of offenders that are identified by the director through consultation with a health care professional or other qualified person as having special requirements.

34. (1) Paragraph 48(b) of the Act is repealed and the following substituted:

(b) prescribing the powers, duties and conduct of persons employed in or about a correctional facility and the qualifications, powers, duties and conduct of adult probation officers;

(2) Section 48 of the Act is amended by adding immediately after paragraph (b) the following:

(b.1) prescribing bail supervision programs for the purposes of paragraph 9(2)(e);

(3) Section 48 of the Act is amended by adding immediately after paragraph (u) the following:

(u.1) prescribing a means of communication for the purposes of paragraph 2(1)(o);

(4) Paragraph 48(aa) of the Act is amended by deleting the words "probation officer" and substituting the words "adult probation officer".

(5) Section 48 of the Act is amended by adding immediately after paragraph (dd) the following:

(dd.1) respecting investigations conducted under this Act;

35. Subsections 50(10) to (13) of the Act are repealed and the following substituted:

(10) Section 2 of the Uniformed Services Pensions Act, 2012 is amended by adding immediately after paragraph (d) the following:

(d.1) "correctional facility" means a correctional facility as de-fined in the Correctional Services Act;

(11) Subparagraph 2(e)(ii) of the Uniformed Services Pensions Act, 2012 is repealed and the following substituted:

(ii) the chief superintendent, the superintendent of a correctional facility and every commissioned and correctional officer of a correctional facility,

(12) Paragraph 2(j) of the Uniformed Services Pensions Act, 2012 is repealed.

(13) Subsection 37(1) of the Uniformed Services Pensions Act, 2012 is amended by deleting the reference to "the Prisons Act" and substituting a reference to "the Correctional Services Act".

Repeal

36. The Correctional Services (Amendment) Act, SNL2019 c.13 is repealed.

Commencement

37. This Act comes into force on the day the Correctional Services Act comes into force.