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Statutes of Newfoundland and Labrador 2011


CHAPTER C-37.00001

AN ACT RESPECTING CORRECTIONAL SERVICES

(Assented to May 31, 2011)

Analysis


        1.   Short title

        2.   Definitions

        3.   Labrador Inuit rights

              PART I
PRINCIPLES

        4.   Principles

              PART II
ADMINISTRATION

        5.   Agreements

        6.   Appointments

        7.   Chief superintendent and superintendents

        8.   Chief adult probation officer

        9.   Powers and duties of probation officer

      10.   Staff shall follow principles

      11.   Code of Professional Conduct

      12.   Protection from liability

      13.   Volunteers

      14.   Disclosure of information

              PART III
CUSTODY OF INMATES

              Division 1
Correctional facilities

      15.   Establishing or discontinuing facilities

      16.   Regulation outside correctional facility

      17.   Rules and information for inmates

      18.   Inmate assessment and plans

              Division 2
Inmate grievance procedure

      19.   Grievance procedure

              Division 3
Discipline

      20.   Hearing adjudicator and disciplinary hearings

      21.   Appeal adjudicators

      22.   Appeal of decision of hearing adjudicator

      23.   Judicial review

              Division 4
Security

      24.   Inmate communication

      25.   Disclosure

      26.   Use of force

      27.   Search of inmates

      28.   Search and detention of visitors

      29.   Search and detention of staff members

      30.   Search of vehicles

      31.   Contraband and trespassing offences

      32.   Illicit drug test

      33.   Power to seize and dispose of objects or substances seized

              Division 5
Absences, Employment and Remission

      34.   Temporary absences

      35.   Suspension, cancellation and revocation of temporary absence

      36.   Temporary absence panel

      37.   Work programs

      38.   Earned remission

              Division 6
Inspection and investigations

      39.   Inspections

      40.   Investigations

      41.   Power to require persons to answer questions and order disclosure

      42.   Contempt proceeding for uncooperative person

      43.   Response to the director

      44.   Offence of obstructing inspections or investigations

              PART IV
CONTINUITY OF CORRECTIONAL PROGRAMS AND SERVICES

      45.   Continuity of programs and services

              PART V
GENERAL

      46.   Statutory review

      47.   Jurisdiction of National Parole Board

      48.   Regulations

              PART VI
TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS, REPEAL AND COMMENCEMENT

      49.   Transitional provisions

      50.   Consequential amendments

      51.   Repeal

      52.   Commencement


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

Short title

        1. This Act may be cited as the Correctional Services Act.

Definitions

        2. 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 and 32, 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 and 32;

             (b)  "chief adult probation officer" means the Chief Adult Probation Officer appointed under section 6;

             (c)  "chief superintendent" means the Chief Superintendent of Correctional Facilities appointed under section 6;

             (d)  "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;

             (e)  "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;

              (f)  "director" means the Director of Corrections and Community Services appointed under section 6;

             (g)  "division" means the Corrections and Community Services Division of the Department of Justice;

             (h)  "illicit drug " means

                      (i)  alcohol,

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

                    (iii)  any other substance designated by the regulations;

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

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

             (k)  "inmate communication" means communication made or intended to be made by oral, written, electronic or another means that may be prescribed, between an inmate and another person, including another inmate, other than a privileged communication specified in regulations made under paragraph 48(x);

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

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

                      (i)  to listen to inmate communication in the course of a visit,

                     (ii)  to listen to inmate communication that is made by telephone or other electronic means or to inmate communication that was made by telephone or other electronic means and recorded, or

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

             (n)  "offender" means an inmate, a person serving a custodial sentence or a community based sentence or a person subject to section 810.1 or 810.2 of the Criminal Code;

             (o)  "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 probation officers;

             (p)  "superintendent" means the superintendent appointed under section 6; and

             (q)  "temporary absence" means a temporary absence authorized under section 34.

Labrador Inuit rights

        3. This Act and regulations made under this Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act or regulations made under this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act, the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act or a regulation made under this Act.

PART I
PRINCIPLES

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 will be enhanced by addressing, as far as possible, through programming and services designed to promote rehabilitation and reintegration, the needs and circumstances of offenders that are related to their offending behaviour;

             (c)  staff members will be given

                      (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 relevant Code of Professional Conduct established under section 11;

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

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

              (f)  policies, programs and practices will respect age, gender, sexual orientation, ethnic, cultural, religious and linguistic differences and will be responsive to the particular needs of women and aboriginal peoples, the needs of offenders with particular mental health and addictions requirements, and the needs of other groups of offenders with special requirements.

PART II
ADMINISTRATION

Agreements

        5. The minister may make agreements with the Government of Canada, the government of another province, or a person or group of persons

             (a)  respecting the provision of a correctional service provided or to be provided under this Act or a program established or to be established under this Act or the provision of a service relating to corrections or offenders that is provided or required under an Act of Parliament;

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

             (c)  for another purpose appropriate to the administration of this Act.

Appointments

        6. (1) The Lieutenant-Governor in Council may appoint a

             (a)  Director of Corrections and Community Services;

             (b)  Chief Superintendent of Correctional Facilities;

             (c)  Chief Adult Probation Officer; and

             (d)  Superintendent for each correctional facility in the province.

             (2)  In an appointment under subsection (1), the Lieutenant-Governor in Council may

             (a)  limit the powers and duties that a person may exercise under this Act; and

             (b)  make the appointment subject to terms and conditions.

             (3)  A superintendent, appointed under paragraph (1)(d), of a correctional facility that houses female inmates, must have the knowledge, experience, skill and education necessary to appreciate and understand the unique challenges and needs faced by the female inmates of that correctional facility which may be the result of their pre-incarceration circumstances.

             (4)  Correctional officers, adult probation officers, classification and program staff and other officers and employees necessary to exercise powers and perform duties and functions in the administration of this Act shall be employed in the manner authorized by law.

             (5)  Persons appointed or employed to exercise powers and perform duties and functions in the administration of this Act are peace officers and have all the powers, authority, protection and privileges that peace officers have by law while exercising those powers and performing those duties and functions.

Chief superintendent and superintendents

        7. (1) The chief superintendent, under the supervision of the director, is responsible for the operation of correctional facilities in the province.

             (2)  Where there is no chief superintendent or where the chief superintendent is absent for an extended period of time, a member of the staff designated by the minister has the power and shall perform the duties and functions of the chief superintendent.

             (3)  Each superintendent is responsible, under the supervision of the chief superintendent and within the correctional facility for which they have been appointed, for

             (a)  the safe, secure and efficient operation of that correctional facility through the overall management and administration of the correctional facility;

             (b)  the well-being of the inmates of that correctional facility;

             (c)  the provision of programs to assist in the rehabilitation and reintegration of offenders in that correctional facility;

             (d)  the safety and security of inmates until their final release or the inmates' transfer to another correctional facility; and

             (e)  the administration of this Act within that correctional facility.

             (4)  Where there is no superintendent for a correctional facility or the superintendent for that correctional facility is absent for an expended period of time, a member of the staff designated by the minister has the power and shall perform the duties and functions of that superintendent for that correctional facility.

             (5)  The chief superintendent may name a person to be the person in charge of the correctional facility when the superintendent of that correctional facility is not available.

             (6)  The person designated under subsection (5) has the power to deal with the operational requirements necessary for the efficient operation of the correctional facility.

Chief adult probation officer

        8. (1) The chief adult probation officer is responsible, under the supervision of the director, for

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

             (b)  the supervision of offenders subject to community supervision;

             (c)  the development of programs to assist in rehabilitation and reintegration of offenders; and

             (d)  the administration of the Act and the regulations as it relates to supervision of offenders in the community.

             (2)  Where there is no chief adult probation officer or where the chief adult probation officer is absent for an extended period of time, a member of the staff named by the minister has the power and shall perform the duties of the chief adult probation officer.

Powers and duties of probation officer

        9. (1) A probation officer

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

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

             (c)  shall prepare reports for the court as the court may order; and

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

             (2)  A 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;

             (c)  subject to the provisions of section 810.1 or 810.2 of the Criminal Code;

             (d)  on temporary absence, where requested by a superintendent;

             (e)  found guilty of an offence in the family violence court and awaiting the sentence of that court; and

              (f)  in other circumstances prescribed in the regulations.

             (3)  A probation officer may exercise the powers of an authorized person set out in subsection 32(1) in respect of a person under his or her supervision.

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

             (5)  A probation officer charged with the supervision of a person who is subject to a probation order or a conditional sentence or to the provisions of section 810.1 and 810.2 of the Criminal Code, may report to the court or a member of a provincial police force if the person fails to carry out the terms of

             (a)  the probation order;

             (b)  the conditional sentence; or

             (c)  an order under section 810.1 or 810.2 of the Criminal Code.

             (6)  A 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 carry out the terms of the temporary absence.

Staff shall follow principles

      10. A person employed to exercise powers and perform duties or functions in the administration of this Act shall act according to the principles of this Act while exercising those powers and performing those duties or functions.

Code of Professional Conduct

      11. The director may establish Codes of Professional Conduct that will apply to those categories of staff members that the director names in the code.

Protection from liability

      12. A person is not personally liable for anything done or omitted in good faith in the exercise or performance, or intended exercise or performance, of

             (a)  a power, duty or function conferred upon him or her by this Act; or

             (b)  a power, duty or function on behalf of or under the direction of a person on whom the power, duty or function is conferred by this Act,

or for the costs in connection with an action or proceeding.

Volunteers

      13. (1) The superintendent of a correctional facility may authorize volunteer organizations or individual volunteers to provide services for offenders in accordance with this Act.

             (2)  The superintendent shall determine the screening and qualifications of a volunteer organization or an individual volunteer.

             (3)  The authorization of a volunteer organization or an individual volunteer shall be made in writing and shall state the scope of services to be provided by the volunteer organization or the individual volunteer.

Disclosure of information

      14. (1) In this section

             (a)  "victim" means

                      (i)  the person against whom an offence was committed by the offender and if that person is a minor, the parent or guardian of that minor, and

                     (ii)  if the person referred to in subparagraph (i) is deceased, ill or otherwise incapacitated, the spouse, child, parent or sibling of the person; and

             (b)  "Victim Services" means the Victim Services Division of the Department of Justice.

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

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

                      (i)  the offender’s name,

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

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

                    (iv)  conditions contained in the offender’s sentence that relate to the victim,

                     (v)  the date on which the offender is to be released from custody, including the date or dates of a temporary absence,

                    (vi)  conditions attached to the offender’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 offender’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 offender’s privacy that could result from the disclosure, the municipality or area where the offender proposes to reside on temporary absence or while under court‑ordered community supervision and whether the offender will be in the vicinity of the victim while travelling to that municipality or area, if known.

             (3)  If the offender is under the supervision of a probation officer, the chief adult probation officer, on the request of Victim Services or a victim of the offence of which the offender has been found guilty,

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

                      (i)  the offender’s name,

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

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

                    (iv)  conditions contained in the offender’s sentence that relate to the victim, and

                     (v)  conditions attached to the offender’s release, including conditions attached to a temporary absence or to court‑ordered community supervision that relate to the victim; and

             (b)  may disclose to Victim Services or the victim where, in the opinion of the chief adult probation officer, the interest of the victim in the disclosure clearly outweighs the invasion of the offender’s privacy that could result from the disclosure, the municipality or area where the offender is residing while under the supervision of a probation officer and whether the offender will be in the vicinity of the victim while travelling to or through the municipality or area where the victim resides, if applicable.

PART III
CUSTODY OF INMATES

Division 1
Correctional facilities

Establishing or discontinuing facilities

      15. The Lieutenant-Governor in Council may establish, continue or discontinue correctional facilities as the Lieutenant-Governor in Council considers necessary.

Regulation outside correctional facility

      16. A street, highway or place, public or private, along or across which an inmate may pass in going to or returning from work, duty or other absence authorized under section 34 and every place where an inmate may be under that section, shall, while so used by an inmate, be considered a portion of a correctional facility for the purpose of this Act, except for the purpose of subsection 31(2).

Rules and information for inmates

      17. (1) The superintendent shall establish rules, which are not inconsistent with this Act or the regulations and, subject to the approval of the chief superintendent, respecting matters referred to in subsection 7(3), including rules respecting

             (a)  the conduct of inmates of the correctional facility;

             (b)  activities of inmates of the correctional facility; and

             (c)  other matters necessary or advisable for the maintenance of order and good management of the correctional facility.

             (2)  On admission to a correctional facility, every inmate shall be provided with full information concerning the rules of the correctional facility.

             (3)  Information referred to in subsection (2) shall

             (a)  be in writing or by other means that the inmate understands; and

             (b)  include the rules relating to

                      (i)  the rights and privileges of inmates,

                     (ii)  the making of complaints by inmates,

                    (iii)  discipline, and

                    (iv)  programs and services.

             (4)  Inmates of a correctional facility shall comply with the rules set by the superintendent for that correctional facility and those set out by regulation.

Inmate assessment and plans

      18. (1) As soon as practicable after an inmate has entered a correctional facility, an assessment of the inmate shall be made in a manner compatible with the length of the sentence, the inmate’s status and the nature of the offence, and, if applicable, a plan shall be prepared for the inmate.

             (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)  support the inmate in developing accountability and being rehabilitated, healed and reintegrated into the community; and

             (b)  deter and reduce offending behaviour.

Division 2
Inmate grievance procedure

Grievance procedure

      19. (1) There shall be a procedure for fairly and expeditiously resolving inmate grievances on matters within the jurisdiction of the chief superintendent, and the procedure shall operate in accordance with regulations made under paragraph 48(d).

             (2)  Every inmate shall have complete access to the inmate grievance procedure without negative consequences.

Division 3
Discipline

Hearing adjudicator and disciplinary hearings

      20. (1) The minister may appoint persons, including employees of the government of the province who are not employees of a correctional facility, as hearing adjudicators to conduct disciplinary hearings in accordance with the regulations for the purpose of

             (a)  reviewing breaches by inmates of the regulations or of the rules of a correctional facility; and

             (b)  determining appropriate punishment for breaches of the regulations or of the rules of a correctional facility.

             (2)  A hearing adjudicator may be appointed for a term of not more than 5 years and may be reappointed.

             (3)  A person appointed as a hearing adjudicator continues to hold office after the expiry of the term of the appointment until the person is reappointed or replaced.

             (4)  The Lieutenant-Governor in Council may determine the remuneration for services and allowances for travelling and other expenses that shall be paid to hearing adjudicators who are not employees of the government of the province.

             (5)  A hearing adjudicator may accept evidence that the hearing adjudicator considers to be relevant to the determination of the issues and is not bound by the rules of law respecting evidence applicable to judicial proceedings.

             (6)  A hearing adjudicator may dismiss a charge made against an inmate without a hearing.

             (7)  The fact that an inmate is alleged to have committed an act or omission that is an offence under an enactment of Canada or the province does not prevent disciplinary action from being taken against the inmate in respect of a contravention of this Act or the regulations or the rules of a correctional facility.

Appeal adjudicators

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

             (2)  An appeal adjudicator may be appointed for a term of not more than 5 years and may be reappointed.

             (3)  A person appointed as an appeal adjudicator continues to hold office after the expiry of the term of the appointment until the person is reappointed or replaced.

             (4)  The Lieutenant-Governor in Council may determine the remuneration for services and allowances for travelling and other expenses that shall be paid to appeal adjudicators.

Appeal of decision of hearing adjudicator

      22. (1) For the purpose of subsections (2) and (3) and section 23, "superintendent of the correctional facility" means the superintendent of the correctional facility where the inmate was charged with the breach of the regulations or of the rules of the correctional facility that resulted in the disciplinary hearing.

             (2)  An inmate to whom the decision relates or the superintendent of the correctional facility may appeal the decision of a hearing adjudicator to an appeal adjudicator.

             (3)  A request for an appeal by an inmate or the superintendent of the correctional facility shall be filed in writing with the chief superintendent within 7 calendar days of the decision being appealed from.

             (4)  The request for an appeal shall set out

             (a)  the circumstances and other relevant particulars of the matter being appealed;

             (b)  the grounds for the appeal; and

             (c)  the relief being requested.

             (5)  An appeal shall be based solely on the record of the disciplinary hearing and the decision of the hearing adjudicator.

             (6)  The record of the disciplinary hearing may be in the form of a written document or an audio or video recording of the disciplinary hearing, or a combination of them.

             (7)  If the information provided on a request for an appeal discloses that new evidence may have become available since the disciplinary hearing, the appeal adjudicator shall refer the matter, including the new evidence that may have been submitted to the appeal adjudicator, to the original hearing adjudicator or another hearing adjudicator to be dealt with in accordance with subsection (8).

             (8)  Where a matter is referred to a hearing adjudicator under subsection (7), the hearing adjudicator may

             (a)  rehear the matter in accordance with section 20 if, in the opinion of the hearing adjudicator,

                      (i)  the new evidence was not available at the original disciplinary hearing, and

                     (ii)  the new evidence is relevant to and probative of the issues before the hearing adjudicator; or

             (b)  refuse to rehear the matter if, in the opinion of the hearing adjudicator,

                      (i)  the evidence was available at the original disciplinary hearing but was not presented, or

                     (ii)  the evidence is not relevant to or probative of the issues before the hearing adjudicator.

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

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

             (b)  order that a new disciplinary hearing be held.

Judicial review

      23. (1) An inmate to whom the decision relates or the superintendent of the correctional facility may apply for judicial review of a decision of an appeal adjudicator in accordance with the Rules of the Supreme Court, 1986.

             (2)  Where an inmate applies for judicial review under subsection (1), the superintendent of the correctional facility is a party to the judicial review and may make full submissions on all issues on the application.

Division 4
Security

Inmate communication

      24. (1) An authorized person may restrict, intercept, monitor or record inmate communication in accordance with this section and the regulations.

             (2)  An authorized person may without individualized suspicion intercept or record inmate communication.

             (3)  An authorized person may restrict or monitor inmate communication if one or more of the following apply:

             (a)  the authorized person has reasonable grounds to believe that the inmate is

                      (i)  involved in illegal activities,

                     (ii)  harassing or causing harm to others, or

                    (iii)  participating in an activity that may jeopardize the safety, security or operation of the correctional facility;

             (b)  a court order restricts or prohibits communication or contact between the inmate and the other person; and

             (c)  the other person has indicated to the authorized person that he or she does not wish to communicate with the inmate.

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

Disclosure

      25. (1) An authorized person may

             (a)  in prescribed circumstances or in relation to prescribed classes of inmate communication, disclose in the prescribed manner that a communication is inmate communication; and

             (b)  in prescribed circumstances or in relation to prescribed classes of communication specified in regulations made under paragraph 48(x) as privileged, disclose in the prescribed manner that a privileged communication originates from the correctional facility.

             (2)  For the purpose of paragraph (1)(b), an authorized person may without individualized suspicion intercept a privileged communication.

Use of force

      26. Persons appointed or employed to exercise powers and perform duties in the administration of this Act may use a reasonable degree and means of force to

             (a)  prevent injury or death to a person;

             (b)  prevent property damage;

             (c)  prevent an inmate from escaping; and

             (d)  maintain custody and control of an inmate.

Search of inmates

      27. (1) On admission, entry or return of an inmate to a correctional facility, an authorized person shall conduct a search of the inmate and the personal possessions, including clothing that the inmate may be carrying or wearing.

             (2)  For the purpose of detecting contraband, an authorized person may without individualized suspicion conduct periodic searches of

             (a)  an inmate and the personal possessions, including clothing, that the inmate may be carrying or wearing; and

             (b)  the inmate's cell and its contents.

             (3)  If an authorized person believes on reasonable grounds that an inmate may be in possession of contraband or evidence relating to an offence under subsection 31(1), the authorized person may conduct a search, as necessary in the circumstances, of

             (a)  the inmate and the personal possessions, including clothing, that the inmate may be carrying or wearing; and

             (b)  the inmate's cell and its contents.

             (4)  A search under subsection (1), (2) or (3) may include a strip search conducted in accordance with the regulations.

             (5)  A strip search of an inmate shall be conducted by an authorized person of the same sex as the inmate unless the delay that would be caused by complying with this requirement would result in imminent danger to human life or safety.

Search and detention of visitors

      28. (1) An authorized person may, for security or safety purposes and without individualized suspicion, conduct routine searches of a visitor entering or leaving or in the correctional facility and of the personal possessions, including clothing, that the visitor may be carrying or wearing.

             (2)  Notwithstanding subsection (1), if a visitor refuses to undergo a search under that subsection, the authorized person may

             (a)  prohibit a contact visit with an inmate and authorize a non-contact visit; or

             (b)  request the visitor to leave the correctional facility immediately.

             (3)  A visitor shall comply with a request made under subsection (2) (b).

             (4)  The chief superintendent may establish guidelines setting out what constitutes a routine search under this section.

             (5)  If an authorized person believes on reasonable grounds that a visitor is carrying contraband or is in possession of evidence relating to an offence under subsection 31(1),

             (a)  the authorized person may, with the visitor's consent, conduct a search of the visitor and the personal possessions, including clothing, that the visitor may be wearing or carrying, in order to find the contraband or evidence; or

             (b)  the superintendent of the correctional facility may authorize the detention of the visitor in order to obtain the services of the police.

             (6)  With the visitor's consent, a search under paragraph (5)(a) may include a strip search conducted in accordance with the regulations.

             (7)  A strip search of a visitor shall be conducted by an authorized person of the same sex as the visitor unless the delay that would be caused by complying with this requirement would result in imminent danger to human life or safety.

             (8)  If contraband or evidence relating to an offence under subsection 31(1) is found in a search under subsection (1) or paragraph (5)(a), the superintendent of the correctional facility may authorize the further detention of the visitor in order to obtain the services of the police.

             (9)  A person detained under this section shall

             (a)  be informed promptly of the reasons for the detention and of his or her right to retain and instruct counsel; and

             (b)  be given a reasonable opportunity to retain and instruct counsel.

Search and detention of staff members

      29. (1) An authorized person may without individualized suspicion conduct

             (a)  routine searches, authorized for security or safety purposes by the superintendent of the correctional facility, of staff members entering or leaving or in the correctional facility and of the personal possessions, including clothing, that staff members may be carrying or wearing; and

             (b)  random searches, authorized for security or safety purposes by the superintendent, of staff members' lockers.

             (2)  A staff member shall not impede or obstruct an authorized person conducting a search under subsection (1).

             (3)  The chief superintendent may establish guidelines setting out what constitutes a routine search under this section.

             (4)  If an authorized person believes on reasonable grounds that a staff member is carrying contraband or is in possession of evidence relating to an offence under subsection 31(1),

             (a)  the authorized person may, with the staff member's consent, conduct a search of the staff member, the staff member's locker in the correctional facility and the personal possessions, including clothing, that the staff member may be wearing or carrying, in order to find the contraband or evidence; or

             (b)  the superintendent of the correctional facility may authorize the detention of the staff member in order to obtain the services of the police.

             (5)  With the staff member's consent, a search under subsection (4)(a) may include a strip search conducted in accordance with the regulations.

             (6)  A strip search of a staff member shall be conducted by an authorized person of the same sex as the staff member unless the delay that would be caused by complying with this requirement would result in imminent danger to human life or safety.

             (7)  If contraband or evidence relating to an offence under subsection 31(1) is found in a search under subsection (1) or paragraph (4)(a), the superintendent of the correctional facility may authorize the further detention of the staff member in order to obtain the services of the police.

             (8)  A staff member detained under this section shall

             (a)  be informed promptly of the reasons for the detention and of his or her right to retain and instruct counsel; and

             (b)  be given a reasonable opportunity to retain and instruct counsel.

Search of vehicles

      30. (1) An authorized person may without individualized suspicion conduct routine visual inspections or routine searches of vehicles that are on the property of a correctional facility.

             (2)  If an authorized person believes on reasonable grounds that a vehicle entering, leaving or on the property of a correctional facility has been used, is about to be used or is being used in the commission of an offence under subsection 31(1), the authorized person may conduct a search of the vehicle and its contents in accordance with the regulations.

Contraband and trespassing offences

      31. (1) A person commits an offence if at a correctional facility the person possesses, delivers or sends to or receives from an inmate anything that is referred to in the definition of "contraband" in section 2.

             (2)  A person commits an offence if the person trespasses on the grounds or buildings of a correctional facility.

             (3)  Every person who commits an offence under this section is liable, on summary conviction, to a fine of up to $2,000 or to imprisonment for a term of up to 6 months, or to both a fine and imprisonment.

Illicit drug test

      32. (1) An authorized person may demand that

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

             (b)  an offender submit to an illicit drug test if abstention from an illicit drug is a condition of a temporary absence, work program, voluntary treatment program, probation, conditional release, conditional sentence, an order under 810.1 or 810.2 of the Criminal Code or if the offender is under the supervision of a 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.

             (2)  An authorized person who makes a demand under this section shall

             (a)  first inform the offender of the basis of the demand and the consequences of failure to comply with the demand; and

             (b)  carry out the demand and administer the test in accordance with the regulations.

Power to seize and dispose of objects or substances seized

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

             (2)  As soon as practicable after an object or a substance is seized under subsection (1), the staff member shall

             (a)  make a record describing the object or substance and the circumstances in which it was seized; and

             (b)  deposit the object or substance in a secure place at the correctional facility.

             (3)  The superintendent shall return an object or substance seized under subsection (1) to its owner if

             (a)  it is in the custody or control of the superintendent;

             (b)  it is not contraband or evidence relating to an offence under subsection 31(1); and

             (c)  there is no dispute about who owns it.

             (4)  If an object or substance is seized from an inmate under subsection (1) and the object or substance is contraband but its possession outside the correctional facility would be lawful, the superintendent may direct that

             (a)  the object or substance be kept in a secure place at the facility and be returned to the inmate on his or her release from custody;

             (b)  the inmate be given 30 days to make arrangements for the disposal or safekeeping of the object or substance outside the correctional facility; or

             (c)  the object or substance be disposed of if

                      (i)  it is of a perishable nature and subject to spoilage,

                     (ii)  it will deteriorate in value if kept,

                    (iii)  its custody involves unreasonable expense or inconvenience,

                    (iv)  keeping it is unsafe, or

                     (v)  it is dangerous to life, health or property.

             (5)  An object or substance seized under subsection (1) is forfeited to the Crown in accordance with the regulations if

             (a)  within 30 days after being notified of its seizure, the owner does not request its return;

             (b)  the owner cannot be located and 3 months have passed since the seizure;

             (c)  the object or substance is determined to be contraband in a hearing referred to in paragraph 48(r) and possession of it outside the correctional facility would be unlawful; or

             (d)  in the case of an owner who is an inmate,

                      (i)  possession of it by the inmate would constitute possession of contraband, and

                     (ii)  the inmate has not arranged for the disposal or safekeeping of the object or substance outside the facility within 30 days after being given the opportunity to do so in accordance with paragraph (4)(b).

Division 5
Absences, Employment and Remission

Temporary absences

      34. (1) A superintendent of a correctional facility may authorize an inmate to be absent from a correctional facility with or without escort, subject to those conditions that the superintendent considers appropriate, if in the superintendent's opinion the absence is necessary or desirable

             (a)  for medical, educational, employment or humanitarian reasons; or

             (b)  to assist in the inmate's rehabilitation or reintegration into the community.

             (2)  A temporary absence may be authorized for a maximum period of 60 days and may be renewed by a superintendent for one or more periods, each of a maximum of 60 days, on reassessment of the case.

             (3)  Notwithstanding subsection (2), a temporary absence for medical reasons may be authorized for an unlimited period.

             (4)  Notwithstanding that an inmate has been granted a temporary absence, during the period of the temporary absence the inmate is subject to the rules, regulations and discipline of the correctional facility, as applicable, and shall obey all instructions given to him or her by the superintendent.

Suspension, cancellation and revocation of temporary absence

      35. (1) A superintendent may suspend, cancel or revoke an inmate's temporary absence, before or after it begins, if

             (a)  a breach of a condition of the absence has occurred or, in the superintendent's opinion, the suspension, cancellation or revocation is necessary to prevent a breach of a condition of the absence;

             (b)  the grounds for authorizing the absence have changed or no longer exist; or

             (c)  based on information that could not reasonably have been provided at the time the absence was authorized, the application has been reassessed.

             (2)  If a superintendent suspends, cancels or revokes an inmate's temporary absence, the superintendent may issue a warrant or notice of suspension, cancellation or revocation for the apprehension and recommittal of the inmate.

             (3)  A peace officer may arrest a person without a warrant or notice and remand the person into custody if the peace officer believes on reasonable grounds that a warrant or notice

             (a)  has been issued under subsection (2) in respect of that person; and

             (b)  is still in force.

             (4)  Unless the warrant or notice is produced within 48 hours after an arrest is made under subsection (3), the inmate shall be released and the provisions of the temporary absence shall remain valid.

Temporary absence panel

      36. (1) The chief superintendent may establish a temporary absence panel consisting of up to 3 persons.

             (2)  An inmate whose request for a temporary absence is denied, or whose temporary absence has been suspended, cancelled or revoked under section 35 may appeal the denial, suspension, cancellation or revocation to the chief superintendent.

             (3)  The chief superintendent may delegate his or her determination in respect of an appeal under subsection (2) to a temporary absence panel.

Work programs

      37. Work programs that are established under the regulations may be implemented and administered by the superintendent in the correctional facility for which that superintendent is responsible.

Earned remission

      38. An offender who is serving a sentence for civil contempt or for an offence under an enactment may be credited with earned remission or may have his or her earned remission forfeited, in accordance with the regulations.

Division 6
Inspection and investigations

Inspections

      39. (1) The minister shall provide for the inspection of each correctional facility or part of a correctional facility on the periodic basis that the minister considers necessary by a person appointed by the minister for that purpose.

             (2)  The minister or the person appointed to conduct an inspection may

             (a)  enter a correctional facility; and

             (b)  access a part of the correctional facility.

             (3)  The minister or the person appointed to conduct the inspection may examine a thing or a record in the correctional facility.

             (4)  A record referred to in subsection (3) does not include the medical record of an inmate unless the inmate consents to the release of that record.

             (5)  The person appointed to conduct an inspection shall report his or her findings in writing to the minister.

Investigations

      40. (1) The director may appoint a qualified employee of the division to investigate a matter related to the administration of the Act.

             (2)  The employee appointed under subsection (1) shall

             (a)  investigate a matter respecting the administration of this Act on the written request of the director; and

             (b)  report his or her findings under paragraph (a) in writing to the director and the chief superintendent or the chief adult probation officer, as appropriate.

             (3)  The employee appointed under subsection (1) may access

             (a)  a correctional facility and an offender;

             (b)  a staff member; and

             (c)  a record under the custody and control of the division relevant to the investigation.

Power to require persons to answer questions and order disclosure

      41. (1) For the purpose of an investigation under section 40 the employee appointed under that section may make an order requiring a person to do either or both of the following:

             (a)  attend, in person or by electronic means, to answer questions on oath or affirmation, or in another manner; and

             (b)  produce a record or thing in the person's possession or control.

             (2)  The employee appointed under section 40 may apply to the Trial Division for an order

             (a)  directing the person to comply with an order made under subsection (1); or

             (b)  directing a supervisor of a person to cause the person to comply with an order made under subsection (1).

Contempt proceeding for uncooperative person

      42. The failure or refusal of a person subject to an order under section 41 to do one or more of the following makes the person, on application to the Trial Division by the director, liable to be committed for contempt as if in breach of an order or judgment of a judge of the Trial Division:

             (a)  attend before the employee appointed;

             (b)  take an oath or make an affirmation;

             (c)  answer questions; or

             (d)  produce records or things in the person’s possession or control.

Response to the director

      43. (1) The chief superintendent or the chief adult probation officer, as applicable, shall respond to the report of the findings of the employee appointed under section 40 and indicate the proposed action to be taken as a result of the report.

             (2)  The response referred to in subsection (1) shall be made in writing to the director within 90 days of receipt of the report.

Offence of obstructing inspections or investigations

      44. (1) A person shall not obstruct or impede or refuse to admit the minister or a person conducting an inspection under section 39 or a person conducting an investigation under section 40.

             (2)  A person shall not aid or assist a person in obstructing or impeding or refusing to admit the minister or a person conducting an inspection under section 39 or a person conducting an investigation under section 40.

             (3)  A person who contravenes subsection (1) or (2) commits an offence punishable on summary conviction by a fine of up to $2,000 or to imprisonment for a term of up to 6 months or to both a fine and imprisonment.

PART IV
CONTINUITY OF CORRECTIONAL PROGRAMS AND SERVICES

Continuity of programs and services

      45. The director shall coordinate and encourage wherever possible

             (a)  the interrelated activities of correctional facilities and community correctional programs 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 aboriginal offenders,

                            (B)  provide for the particular needs of female 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 as having special requirements.

PART V
GENERAL

Statutory review

      46. The minister shall, every 5 years, conduct a review of this Act and the principles on which it is based and consider areas which may be improved.

Jurisdiction of National Parole Board

      47. The National Parole Board is authorized to exercise in the province the jurisdiction described in section 108 of the Corrections and Conditional Release Act (Canada).

Regulations

      48. The Lieutenant-Governor in Council may make regulations

             (a)  respecting the management, operation and security of probation offices and correctional facilities;

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

             (c)  respecting limitations or conditions on the admission of persons into custody at a correctional facility, the transfer of inmates between facilities and the discharge of inmates;

             (d)  establishing an inmate grievance procedure;

             (e)  respecting the separate confinement or segregation of inmates;

              (f)  respecting the use of force on inmates;

             (g)  respecting searches under sections 27 to 29, including strip searches;

             (h)  respecting searches under section 30;

              (i)  designating substances as illicit drugs;

              (j)  specifying the manner in which a demand that an inmate submit to an illicit drug test be made and the manner in which the illicit drug test be taken;

             (k)  with respect to visits to inmates in correctional facilities and the conduct of visitors while in a correctional facility;

              (l)  respecting the disposal of

                      (i)  unclaimed property abandoned by an inmate at a correctional facility, including providing for the forfeiture of the property to the Crown, and

                     (ii)  property seized under section 33;

            (m)  respecting the diet, clothing, maintenance, accommodation, employment and training of inmates;

             (n)  respecting the rights of inmates within the correctional facility;

             (o)  establishing rules governing the conduct of inmates in a correctional facility, which may vary between correctional facilities;

             (p)  providing that an inmate's breach of a rule is a matter in respect of which the inmate may be disciplined;

             (q)  establishing and providing for an informal resolution process that may be employed in relation to breaches of rules;

              (r)  respecting hearings in relation to an alleged breach of the rules, including the practices and procedures for the hearings;

             (s)  establishing and providing for a range of penalties for breaches of rules and specifying criteria to be applied by a person presiding over a disciplinary hearing in imposing a penalty from the range of penalties established;

              (t)  providing a process specifically for dispositions of fines for inmate offences involving property damage;

             (u)  establishing a process for review of a decision made in a disciplinary hearing, and the powers and duties of a person conducting the review;

             (v)  respecting the restriction, interception, monitoring or recording of inmate communication;

            (w)  providing for the handling, retention and disposal of inmate communication that is intercepted or recorded;

             (x)  specifying communications between an inmate and another person that are privileged;

             (y)  respecting procedures that an authorized person shall follow, and specifying criteria that an authorized person shall apply, to examine inmate communication and determine whether it is privileged communication;

             (z)  governing inmates who are authorized to be absent from a correctional facility;

           (aa)  respecting persons whom the probation officer is responsible to supervise;

          (bb)  governing the establishment of work programs and the organization, operation, management and administration of them;

           (cc)  specifying circumstances and criteria for

                      (i)  crediting earned remission,

                     (ii)  failing to earn remission, and

                    (iii)  forfeiting earned remission;

          (dd)  respecting the inspection of correctional facilities;

           (ee)  respecting the manner of making requests for disclosure of information under section 14 and respecting procedures to be followed in dealing with those requests;

            (ff)  prescribing those matters that by this Act may be prescribed;

          (gg)  defining words or expressions used but not defined in this Act; and

          (hh)  generally, to give effect to the purpose of this Act.

PART VI
TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS, REPEAL AND COMMENCEMENT

Transitional provisions

      49. (1) A prisoner who is temporarily absent under the authority of section 25 of the Prisons Act on the day this Act comes into force, is considered to be authorized to be temporarily absent under section 34 of this Act and the terms and conditions of the temporary absence granted under the Prisons Act remain in effect for the period of time specified in the temporary absence unless varied under the provisions of this Act.

             (2)  Where a member of the staff as defined in paragraph 2(e) of the Prisons Act is charged with an offence under subsection 10(1) of that Act or a person who is not a member of the staff is charged with an offence under subsection 10(2) of that Act, or an officer is charged with a breach of the Prisons Regulations, and the offence has not been disposed of at the time of the coming into force of this Act, the offence shall be dealt with under the Prisons Act and the Prisons Regulations notwithstanding the repeal of that Act and those regulations.

             (3)  Notwithstanding the repeal of the Prisons Act and the Prisons Regulations, a disciplinary panel may be appointed under that Act and those regulations to deal with charges referred to in subsection (2) that have not been disposed of before the coming into force of this Act.

Consequential amendments

      50. (1) Section 26, Rule VII of the Elections Act, 1991 is amended by striking out the words "provincial jail" and substituting the words "correctional facility in the province".

             (2)  Subsection 86(2) of the Elections Act, 1991 is amended by striking out the word "jail" and substituting the words "correctional facility".

             (3)  Section 7 of the Fatalities Investigations Act is amended by striking out the word "institution" wherever it appears and substituting the word "facility".

             (4)  Paragraph 5(k) of the Jury Act, 1991 is amended by striking out the word "institution" and substituting the word "facility".

             (5)  Paragraph 78(1)(a) of the Mental Health Care and Treatment Act is repealed and the following substituted:

             (a)  correctional facility as defined in the Correctional Services Act; or

             (6)  Subsection 78(2) of the Mental Health Care and Treatment Act is amended by striking out the word "institution" and substituting the word "facility".

             (7)  Paragraph 78(3)(a) of the Mental Health Care and Treatment Act is amended by striking out the word "institution" and substituting the word "facility".

             (8)  Paragraph 40(2)(b) of the Personal Health Information Act is amended by striking out the reference to the "Prisons Act" and substituting a reference to the "Correctional Services Act".

             (9)  Paragraph 4(1)(k) of the Public Service Commission Act is repealed and the following substituted:

             (k)  the chief superintendent, a superintendent of a correctional facility, within the meaning of the Correctional Services Act, and correctional officers and non-commissioned officers employed under subsection 6(4) of the Correctional Services Act;

          (10)  Section 2 of the Uniformed Services Pension Act, 1991 is amended by adding immediately after paragraph (b.2) the following:

          (b.3)  "correctional facility" means a correctional facility as defined in the Correctional Services Act;

          (11)  Subparagraph 2(c)(ii) of the Uniformed Services Pension Act, 1991 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(h) of the Uniformed Services Pension Act, 1991 is repealed.

          (13)  Subsection 36(1) of the Uniformed Services Pension Act, 1991 is amended by striking out the reference to the "The Prisons Act" and substituting a reference to the "the Correctional Services Act".

Repeal

      51. The following Acts and regulations are repealed:

             (a)  Adult Corrections Act;

             (b)  Prisons Act;

             (c)  Corner Brook Lockup Order, Consolidated Newfoundland and Labrador Regulation 786/96; and

             (d)  Prisons Regulations, Consolidated Newfoundland and Labrador Regulation 993/96.

Commencement

      52. This Act or a Part, section or subsection, paragraph or subparagraph of this Act comes into force on a day or days to be proclaimed by the Lieutenant-Governor in Council.