2018 BILL 2

	2


Fourth Session, 48th General Assembly 68 Elizabeth II, 2019
BILL 2
AN ACT TO AMEND THE CORRECTIONAL SERVICES ACT
Received and Read the First Time................................................................
Second Reading............................................................................................
Committee.....................................................................................................
Third Reading...............................................................................................
Royal Assent.................................................................................................
HONOURABLE ANDREW PARSONS, Q.C. Minister of Justice and Public Safety and Attorney General
Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Correctional Services Act to

· clarify the reference to cannabis in the definition of illicit drug;

· include an additional principle and amend 2 existing principles;

· clarify the authority for adult probation officers to procure and report information for the court in respect of a person charged with an offence;

· clarify the requirement that the dates that an offender is eligible for release be disclosed to the victim or Victim Services on request;

· provide that the director consult with a qualified health care professional or other qualified person when encouraging and coordinating specific programming and services to provide for the specific needs of offenders;

· provide authority for the Lieutenant-Governor in Council to make regulations respecting investigations conducted under the Act; and

· replace the word aboriginal with the word indigenous, correct the name of the Department of Justice and Public Safety and correct references to the title adult probation officer.

A BILL

AN ACT TO AMEND THE CORRECTIONAL SERVICES ACT

Analysis

1. S.2 Amdt.

Definitions

2. S.4 R&S

Principles

3. S.9 R&S

Powers and duties of adult

probation officer

4. S.14 Amdt.

Disclosure of information

5. S.32 Amdt.

Illicit drug test

6. S.45 Amdt.

Continuity of programs and

services

7. S.48 Amdt.

Regulations

8. S.50 Amdt

Consequential amendments

9. Commencement

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

SNL2011 cC-37.00001
as amended

1. (1) Paragraph 2(g) of the Correctional Services Act is amended by deleting the words "Department of Justice" and substituting the words "Department of Justice and Public Safety".

(2) Paragraph 2(h) of the Act is repealed and the following substituted:

(h) "illicit drug" means

(i) alcohol,

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

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

(iv) any other substance designated by the regulations;

(3) Paragraph 2(o) of the Act is amended by deleting the words "probation officers" and substituting the words "adult probation officers".

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

Principles

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

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

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

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

(ii) a workplace environment that encourages integrity and personal accountability and that is consistent with the 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;

(f) inmates are entitled to equitable access to health services consistent with the goals of public health; and

(g) 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 indigenous peoples, the needs of offenders with particular mental health and addictions requirements, the needs of offenders with respect to the social determinants of health, and the needs of other groups of offenders with special requirements.

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

Powers and duties of adult probation officer

9. (1) An adult probation officer

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

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

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

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

(a) placed on probation by a court;

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

(d) on temporary absence, where requested by a superinten-dent;

(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) An adult 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 an adult 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 adult probation officer shall perform the duties set out in subsection 32(2) in respect of the person under his or her supervision.

(5) An adult 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

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

4. (1) Paragraph 14(1)(b) of the Act is amended by deleting the words "Department of Justice" and substituting the words "Department of Justice and Public Safety".

(2) Subparagraph 14(2)(a)(v) of the Act is repealed and the following substituted:

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

(3) Subsection 14(3) of the Act is amended by deleting the words "a probation officer" wherever they appear and substituting the words "an adult probation officer".

5. Paragraph 32(1)(b) of the Act is repealed and the following substituted:

(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 section 810.1 or 810.2 of the Criminal Code or if the offender is under the supervision of an adult probation officer in another circumstance that may be prescribed and an illicit drug test is required to monitor compliance with the condition

(i) at regular intervals, or

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

6. (1) Clause 45(b)(ii)(A) of the Act is amended by deleting the word "aboriginal" and substituting the word "indigenous".

(2) Clause 45(b)(ii)(C) of the Act is repealed and the following substituted:

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

7. (1) Paragraph 48(b) of the Act is amended by deleting the words "probation officers" and substituting the words "adult probation officers".

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

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

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

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

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

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

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

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

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

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

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