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CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 993/96

Prisons Regulations
under the
Prisons Act
(O.C. 96-271)

[Repealed by SNL2011 cC-37.00001 s51 - not in force]

Amended by:

50/01
2001 c42 s45
51/02

CONSOLIDATED NEWFOUNDLAND AND LABRADOR REGULATION 993/96

Prisons Regulations
under the
Prisons Act
(O.C. 96-271)

Under the authority of section 9 of the Prisons Act and the Subordinate Legislation Revision and Consolidation Act , the Lieutenant-Governor in Council makes the following regulations.

REGULATIONS

Analysis



Short title

        1. These regulations may be cited as the Prisons Regulations .

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Definitions

        2. In these regulations

             (a)  "Act" means the Prisons Act ; and

             (b)  "officer" means every uniformed person employed at the penitentiary including classification officers.

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Intention to resign

        3. The superintendent or assistant superintendents shall give 3 months notice in writing to the minister of an intention to resign from the service.

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Duties of superintendent

        4. In addition to the duties that may be assigned to him or her by the minister under subsection 3(2) of the Act, the superintendent shall exercise general supervision and control over the penitentiary, prisoners and members of the staff and so far as practicable, ensure compliance by the staff and the prisoners with the regulations and with rules made under subsection 9(3) of the Act, but the superintendent shall

             (a)  at least every 6 months inspect all sections of the penitentiary where prisoners are accommodated or at work;

             (b)  ensure that at all times firefighting equipment is adequate and in operational condition;

             (c)  ensure that female prisoners are kept in the immediate care and charge of a female officer;

             (d)  ensure that adequate arrangements are made for the provision for religious ministration to the prisoners;

             (e)  ensure that a prisoner who has made application to be heard is interviewed by himself or herself or an assistant superintendent at convenient times;

              (f)  investigate or cause to have investigated by summary trial either by himself or herself, the assistant superintendent or by a disciplinary panel consisting of 3 officers appointed by him or her, one of whom shall be a commissioned officer, every charge against a prisoner of a breach of the Act or these regulations;

             (g)  notify or cause to be notified the spouse, or if there is no spouse, the nearest relative of a prisoner who dies, is seriously ill or is certified insane; and

             (h)  ensure that a medical doctor is notified of a complaint or report that a prisoner may be suffering from mental or physical illness.

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Officer's performance of duty

        5. An officer shall be courteous, obedient, loyal and efficient in the performance of his or her duties and impartial when dealing with prisoners under the Act and regulations.

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Duties of officer

        6. An officer shall

             (a)  obey the lawful instructions of a superior officer;

             (b)  comply with the rules respecting routines, procedures and duties made under subsection 9(3) of the Act;

             (c)  direct the attention of a superior officer to a breach of these regulations by prisoners and shall take all reasonable steps to prevent prisoners from escaping, rioting, destroying property or committing misconduct;

             (d)  conduct himself or herself in a sober and honest manner and submit himself or herself to be searched if called upon by the superintendent or other officer who is for the time being in charge of the penitentiary;

             (e)  escort and convey prisoners to and from places of confinement, hospitals or other places;

              (f)  direct the attention of the superintendent, assistant superintendents or other superior officer to a prisoner who appears to be in poor health whether physically or mentally;

             (g)  carry out his or her duties in an expeditious and conscientious manner;

             (h)  maintain his or her appearance and his or her uniform in a satisfactory manner;

              (i)  report within 30 days to the superintendent any charges or convictions laid or entered against him or her under the Criminal Code , a federal or provincial statute with the exception of non-moving violations of the Highway Traffic Act .

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Prohibitions on officer

        7. (1) An officer shall not

             (a)  disobey the lawful command of an officer who is superior in rank or is in a supervisory capacity over that officer;

             (b)  strike or threaten to strike another officer;

             (c)  abuse or maltreat another officer, especially one of lower rank over whom the officer is in a supervisory capacity;

             (d)  wear the emblem, mark or insignia of a political party or in another way manifest political partisanship;

             (e)  fail to report a serious disciplinary offence committed or alleged to have been committed by a prisoner;

              (f)  conduct himself or herself by word or deed in an insubordinate manner in the course of his or her duties;

             (g)  divulge a matter or thing that it is his or her duty to keep secret;

             (h)  wilfully or through negligence or connivance permit a prisoner to escape;

              (i)  be cruel or employ unnecessary force when subduing or restraining a prisoner;

              (j)  be asleep on duty or leave a post without being properly relieved;

             (k)  be absent without leave;

              (l)  attempt to commit or aid, abet, counsel or procure another officer to contravene this section;

            (m)  without the authorization of the superintendent or his or her designate communicate directly or indirectly on a matter relating to the penitentiary with

                      (i)  the press or the radio and television services, or

                     (ii)  another person,

except with respect to matters raised by the penitentiary staff relating to the collective bargaining process;

             (n)  while on duty, be under the influence of alcohol or non-prescribed narcotic drugs;

             (o)  while on duty drink or receive alcoholic liquor;

             (p)  engage in conduct unbecoming an officer and liable to bring discredit upon the penitentiary;

             (q)  fail to account for, improperly withhold, misappropriate or misapply money or property coming into his or her possession during the course of duty;

              (r)  enter into private transactions for goods or services with prisoners without prior approval of the superintendent or assistant superintendent.

             (2)  An officer shall be responsible for all articles of uniform and equipment and

             (a)  where loss or damage of those articles occur through the fault of the officer, costs of replacement shall be borne by the officer;

             (b)  upon termination of employment, the officer shall promptly return all the articles.

             (3)  An officer who fails to comply with or otherwise contravenes the provisions of these regulations is guilty of an offence.

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Certain conduct an offence

      7.1 (1) An officer shall not,

             (a)  except where approved by the superintendent or assistant superintendent, while off duty wear a uniform or other article of clothing or other equipment issued by the penitentiary;

             (b)  affix to a uniform a symbol of protest including a pin, button, or other insignia, not part of a uniform; or

             (c)  affix a symbol of protest to a vehicle or other item of equipment that is issued to him or her or under his or her control or operate a vehicle or other item of equipment to which a symbol of protest is affixed.

             (2)  An officer who fails to comply with or otherwise contravenes subsection (1) is guilty of an offence.

             (3)  Where, following an investigation, the superintendent or assistant superintendent is satisfied that an officer has committed an offence contrary to subsection (2), he or she may be convicted by the superintendent or assistant superintendent who may impose one or more of the penalties specified in section 16.

             (4)  Sections 8, 9, 10, 11, 12, 13, 14, 15, 16, except subsection 16(1), and section 18 do not apply to an offence under this section.

             (5)  An officer convicted of an offence under this section may, within 30 days from the date of the conviction, appeal to a Provincial Court judge who may allow the appeal and quash the conviction or uphold the conviction or increase or reduce a penalty imposed by the superintendent or assistant superintendent.

             (6)  Before imposing a penalty referred to in section 16, the superintendent or assistant superintendent shall take into account the relevant circumstances surrounding the offence as well as the service record and prior conduct of that officer.

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Discipline

        8. Offences against these regulations considered to be minor by the officer's supervisor may be disposed of by the officer's supervisor who may

             (a)  discuss the matter with the offending officer and dispose of the matter by oral admonition if the facts and circumstances warrant;

             (b)  if the facts and circumstances do not warrant an oral admonition, record the nature of the offence and the time when it occurred in the personnel file of the officer and provide notice to the officer in accordance with the collective agreement.

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Superintendent to determine action

        9. Where an officer has committed an offence that, in the opinion of the officer's supervisor, is of a nature that it cannot be dealt with under section 8, the officer's supervisor shall advise the superintendent who will determine whether the officer will be charged with an offence.

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Charge for breach of regulations

      10. (1) Where an officer is charged with a breach of these regulations, the charge should be laid within 30 days of the alleged offence coming to the attention of the superintendent by laying an information in Form 1 and serving a notice of the charge in Form 2 upon the officer.

             (2)  An information may allege more than one offence and shall contain

             (a)  a separate statement of each offence with which the officer is charged;

             (b)  a statement of the particulars of the act, omission or neglect constituting each offence; and

             (c)  the time and place of the trial.

             (3)  The notice of a charge and the information shall be served upon the officer accused at least 15 days before the time and place of the trial.

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Dismissal of charge

      11. Where, following service of a notice of a charge upon an accused officer, the officer denies the charge and offers an oral or written explanation which is satisfactory to the superintendent, that charge may be immediately dismissed by the superintendent.

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Guilty plea

      12. (1) Where, following service of a notice of a charge upon an accused officer, the officer pleads guilty before the superintendent, he or she may immediately be convicted by the superintendent who may impose the penalties specified in section 16.

             (2)  Before imposing a penalty referred to in subsection (1), the superintendent shall take into account the relevant circumstances surrounding the offence as well as the service record and prior conduct of the officer and shall endorse the information to that effect.

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Suspension of officer

      13. The superintendent at his or her discretion may suspend, with or without pay, an officer who is charged with an offence under the regulations until a time that the charge is dealt with and the notice of suspension shall be in Form 3.

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Disciplinary panel

      14. (1) Where a charge against an accused officer is not disposed of in accordance with section 11 or 12, the accused officer shall be tried by a disciplinary panel consisting of 2 officers, one appointed by the superintendent, one appointed by the bargaining agent and a third person, who may or may not be an officer, to be appointed by the 2 officers to act as chairperson.

          (1.1)  Notwithstanding subsection (1), where an accused officer who is to be tried by a disciplinary panel is not a member of the bargaining unit, the panel shall consist of 2 officers, one appointed by the superintendent, one appointed by the accused officer, who shall not be an officer subordinate to the accused officer, and a third person, who may or may not be an officer, appointed by the other 2 appointees, who shall be the chairperson of the panel.

             (2)  Should the 2 appointed officers fail to agree within 7 days, the Minister of Environment and Labour shall appoint a person other than an officer to act as chairperson.

             (3)  The members of the disciplinary panel shall have all the powers that are or may be conferred on a commissioner under the Public Inquiries Act .

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Disciplinary hearing

      15. (1) The accused officer shall appear before the disciplinary panel appointed to try the charge at the time and place appointed and may be represented by counsel or by another agent of his or her choice.

             (2)  The accused may plead guilty or not guilty and where he or she refuses to plead, he or she shall be considered to have pleaded not guilty.

             (3)  An accused is not compelled to testify but he or she may give evidence under oath.

             (4)  An accused may call witnesses on his or her own behalf and has the right to cross-examine witnesses called by the prosecution.

             (5)  At the conclusion of the case for the prosecution, the accused or his or her counsel may make a statement to the disciplinary panel.

             (6)  A majority decision of the disciplinary panel is the decision of the panel and is binding upon it.

             (7)  The decision of the disciplinary panel shall contain written reasons.

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Penalties

      16. (1) An officer who pleads guilty or is found guilty of an offence under these regulations is liable to one or more of the following penalties:

             (a)  dismissal;

             (b)  a reduction in rank;

             (c)  suspension without pay not exceeding 6 months;

             (d)  reprimand.

             (2)  In addition to, or as an alternative to, the imposition of the penalty under subsection (1), the disciplinary panel may, following a request by the accused officer to that effect, order the officer to participate in a program or activity that the panel feels appropriate.

             (3)  The disciplinary panel shall take into account the prior service record and conduct of the accused officer in deciding the penalty or penalties to be imposed under this section and shall endorse the information to that effect together with the penalty or penalties imposed.

             (4)  When an officer is found not guilty of an offence under these regulations, the disciplinary panel may order that the officer

             (a)  be reinstated to his or her former position;

             (b)  be reimbursed pay for a period of suspension without pay;

             (c)  have a reference to disciplinary proceedings deleted from his or her personnel record.

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Suspended officer

      17. An officer who is suspended under the regulations shall not

             (a)  exercise power or authority vested in him or her as an officer; or

             (b)  wear or use an article of uniform or equipment issued to him or her or under his or her control.

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Appeal

      18. Either the superintendent or an officer convicted of an offence under these regulations may, within a period of 30 days from the date of the conviction, appeal on the record to a Provincial Court judge designated by the chief Provincial Court judge who may quash or enter a conviction, order a new trial, or increase, confirm, mitigate, grant a remission, or impose a penalty provided for in these regulations.

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Admission to penitentiary

      19. (1) On admission to the penitentiary and at those other times that may be directed by the superintendent, every prisoner shall be searched and examined.

             (2)  Male prisoners shall be searched by an officer with due regard to decency and dignity of the person and in a manner that is consistent with the necessity to discover concealed articles, but

             (a)  a "strip search" requiring the prisoner to remove his clothes for visual inspection shall be conducted by a male officer; and

             (b)  a "body cavity" search involving an internal examination of body orifices shall be performed by a medical doctor licensed under the laws of the province and only with the consent of the prisoner.

             (3)  Female prisoners shall be searched by a female officer with due regard to decency and dignity of the person and in a manner consistent with the necessity to discover concealed articles but a "body cavity" search involving an internal examination of body orifices shall be performed by a medical doctor licensed under the laws of the province and only with the consent of the prisoner.

             (4)  All clothing, money and effects of a prisoner which he or she is not permitted to retain shall be placed in custody of the superintendent who shall cause an inventory to be prepared and signed by the prisoner.

             (5)  The name, age, height, weight, peculiar body markings and other measurements and particulars of the prisoner that are required for record purposes shall be taken and if ordered by the superintendent a photograph may be made of the prisoner.

             (6)  Unless otherwise directed by a medical doctor or the superintendent, the prisoner shall bathe and cleanse himself or herself or if he or she refuses or is unable to do so, be bathed and cleansed by an officer of the same sex as the prisoner in a place out of sight of another prisoner and in a manner that is consistent with decency.

             (7)  There shall be provided to the prisoner a copy of the regulations governing the treatment of prisoners generally and other rules and disciplinary requirements that may apply to him or her.

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Confined prisoners

      20. During the term of confinement at the penitentiary, every prisoner shall be given or provided with

             (a)  toilet articles that are necessary for health and cleanliness;

             (b)  food of a varied nature and nutritional value to maintain health and strength;

             (c)  a uniform outfit of clothing sufficient to maintain warmth;

             (d)  adequate medical and dental treatment or advice and religious instruction; and

             (e)  privileges including recreational, sporting, artistic or other facilities that the superintendent shall consider proper and sufficient.

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Work or training program

      21. (1) Each institution shall endeavour to provide for each prisoner an active program of useful work or prescribed training calculated to assist in his or her reformation and rehabilitation and every prisoner shall be bound to carry out the work or tasks assigned to him or her to the best of his or her ability.

             (2)  A prisoner shall not be assigned a work task or training schedule

             (a)  on a day when he or she is certified by a duly qualified medical practitioner to be unfit for that work task or training; or

             (b)  when the carrying out of the assignment or the time at which it is to be effected would in the opinion of the superintendent be likely to conflict with the religious beliefs of the prisoner.

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Rights of prisoners

      22. (1) Subject to subsection (2) and the other provisions of these regulations, every prisoner shall have the right of

             (a)  dispatching not more than 2 letters in each week during his or her period of confinement;

             (b)  receiving all letters and other forms of mail that may be approved by the superintendent sent to him or her by a person approved under subsection (2).

             (2)  A prisoner shall correspond only with persons that are approved by the superintendent and each letter or other mail received or dispatched by the prisoner may be read or scrutinized by the superintendent or other officer authorized by him or her and may be censored in whole or in part by the superintendent where the security or good order of the institution may be threatened.

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Visitors

      23. (1) Every prisoner shall be permitted to have not more than 3 persons as visitors on his or her admission to the penitentiary and thereafter not more than 3 persons on one occasion once every week.

             (2)  A prisoner shall not, without permission of the superintendent, take or receive from a visitor money or other articles.

             (3)  If a visitor conducts himself or herself so as to cause a disturbance or to upset a prisoner, that visitor may be removed from the penitentiary.

             (4)  Where, in the opinion of the superintendent, the security or good order of the penitentiary may be threatened, he or she may disallow visiting privileges to any prisoner.

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Exempted visits

      24. (1) Subsection 23(1) shall not apply to

             (a)  a visit by a police officer in connection with a police investigation if that officer shall obtain the consent of the superintendent before the visitation;

             (b)  a professional visit by a lawyer; or

             (c)  a visit by a person to a prisoner who has been committed to the penitentiary for non-payment of a fine and the purpose of the visit is to discuss with him or her a method of raising the money to pay the fine.

             (2)  For the purposes of subsection 10(3) of the Act, a person bringing into the penitentiary and conveying to a person an article, after consent to the conveyance of that article is given by the superintendent, shall be considered to be a person permitted by that subsection.

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Prisoners' responsibilities

      25. (1) Every prisoner shall

             (a)  comply in a respectful manner with the lawful direction of the superintendent or other officers;

             (b)  maintain good order and discipline;

             (c)  carry out the duties assigned to him or her with due diligence and dispatch;

             (d)  keep himself or herself, his or her clothing and possessions in a clean, neat and tidy condition;

             (e)  preserve all parts of the penitentiary or properties in it and to refrain from causing damage to it; and

              (f)  conduct himself or herself at all times in a manner consistent with the maintenance of good order and conduct.

             (2)  A prisoner shall not

             (a)  commit an act of violence against a person within the penitentiary;

             (b)  conduct himself or herself in a manner as to constitute a nuisance either to the other prisoners, the staff or visitors;

             (c)  leave the penitentiary without the consent of the superintendent;

             (d)  conspire with another prisoner to carry out an act of commission or omission which would constitute a breach of these regulations or an order of the superintendent or other officer;

             (e)  give, receive, attempt to give or receive or have in his or her possession an article not permitted by the superintendent;

              (f)  leave his or her cell or other appointed place without the consent of an officer; and

             (g)  conduct himself or herself improperly by the use of bad language or gestures.

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Appearance to be maintained

      26. Every prisoner shall maintain an appearance satisfactory to the superintendent or his or her designate and the superintendent may direct that a prisoner be shaved or have a hair cut if it is considered necessary for hygienic reasons or on the advice of a medical doctor.

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Violation by prisoner

      27. (1) If a prisoner violates a provision of these regulations applicable to him or her or fails to comply with the lawful direction given to him or her by the superintendent or an officer, he or she shall in addition to or instead of the punishment of deduction or withholding of remission provided for in the Act be liable to one or more of the following punishments:

             (a)  reprimand;

             (b)  temporary or permanent loss of one or more privileges;

             (c)  assignment to special work detail during non-working hours; or

             (d)  confinement in an isolation cell for a period not exceeding 15 days.

             (2)  The superintendent, assistant superintendent or the disciplinary panel appointed under paragraph 4(f) shall have the power to impose the punishment specified in subsection (1) but notwithstanding that that punishment has been imposed, the superintendent may suspend, confirm or mitigate the punishment.

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Isolation cells

      28. (1) A prisoner who is sentenced to confinement in an isolation cell shall, if the period of confinement exceeds 5 days, be permitted to exercise himself or herself outside the cell for a period of one hour for each day of confinement in excess of 5 days.

             (2)  The superintendent shall ensure that a prisoner who is punished by being confined in an isolation cell is medically fit and on being satisfied that the prisoner is not sufficiently fit for the punishment, may impose an alternative punishment.

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Physical restraint

      29. No mechanical means of physical restraint shall be used on a prisoner unless

             (a)  the officer in charge authorizes the use of those means;

             (b)  the means is necessary to transport the prisoner or to prevent injury to himself or herself or to others, damage to property, or creation of a disturbance; and

             (c)  the period during which those means are used does not exceed 24 hours except on written authority from the superintendent.

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Prisoner awaiting trial

      30. A prisoner committed to the penitentiary to await trial shall so far as is practicable be separated from and be kept apart from prisoners who are in the penitentiary following a conviction and subject to an order of the superintendent to the contrary shall not be subject to the restrictive provisions of these regulations relating to visitation and correspondence.

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Repeal

      31. The Prisons Regulations, Newfoundland Regulation 73/85, are repealed.

CNR 993/96 s31

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FORM 1

CANADA

PROVINCE OF NEWFOUNDLAND AND LABRADOR

INFORMATION

This is the information of........................, a member of......................, hereinafter called the informant.

The informant says that he or she has reasonable and probable grounds for believing and does believe that................ of......................

(insert particulars of offence, giving place and date)

SWORN TO before me

this.........day of................

19...., at......................

__________________
Signature of Informant

.....................................

73/85 Form 1; 2001 c42 s45

FORM 2

CANADA

PROVINCE OF NEWFOUNDLAND AND LABRADOR

NOTICE OF CHARGE

TO:

YOU ARE HEREBY NOTIFIED that you are charged with the following offence(s) under the Prisons Regulations:

Statement of Offence:

Statement of Particulars:

And that you will be tried by a disciplinary panel under the Prisons Regulations on the....... day of..............., 19..., at.........o'clock.

YOU ARE FURTHER NOTIFIED that you have the option of invoking the provisions of section 11 or 12 of the Prisons Regulations before the date set for trial.

Dated this......day

of................

19..., at........

_______
Witness

__________
Complainant

73/85 Form 2; 2001 c42 s45

FORM 3

CANADA

PROVINCE OF NEWFOUNDLAND AND LABRADOR

NOTICE OF SUSPENSION

TO:

YOU ARE HEREBY NOTIFIED that you are suspended from duty effective............................until........................with/without pay under the Prisons Regulations.

Dated this.....day

of........................,

19...., at..............

_________________
SUPERINTENDENT

73/85 Form 3; 2001 c42 s45