Corrections and Conditional Release Act (S.C. 1992, c. 20)

Marginal note:Temporary absences may be authorized

• 17 (1) The institutional head may, subject to section 746.1 of the Criminal Code, subsection 140.3(2) of the National Defence Act and subsection 15(2) of the Crimes Against Humanity and War Crimes Act, authorize the temporary absence of an inmate, other than an inmate described in subsection 17.1(1), if the inmate is escorted by a staff member or other person authorized by the institutional head and, in the opinion of the institutional head,

  • (a) the inmate will not, by reoffending, present an undue risk to society during an absence authorized under this section;

  • (b) it is desirable for the inmate to be absent from the penitentiary for medical or administrative reasons, community service, family contact, including parental responsibilities, personal development for rehabilitative purposes or compassionate reasons;

  • (c) the inmate’s behaviour while under sentence does not preclude authorizing the absence; and

  • (d) a structured plan for the absence has been prepared.

  The temporary absence may be for an unlimited period if it is authorized for medical reasons or for a period of not more than five days or, with the Commissioner’s approval, for a period of more than five days but not more than 15 days if it is authorized for reasons other than medical reasons.

• Marginal note:Conditions

  (2) The institutional head may impose, in relation to a temporary absence, any conditions that the institutional head considers reasonable and necessary in order to protect society.

• Marginal note:Cancellation

  (3) The institutional head may cancel a temporary absence either before or after its commencement.

• Marginal note:Reasons to be given

  (4) The institutional head shall give the inmate written reasons for the authorizing, refusal or cancellation of a temporary absence.

• Marginal note:Travel time

  (5) In addition to the period authorized for the purposes of a temporary absence, an inmate may be granted the time necessary to travel to and from the place where the absence is authorized to be spent.

• Marginal note:Delegation to provincial hospital

  (6) Where, pursuant to an agreement under paragraph 16(1)(a), an inmate has been admitted to a hospital operated by a provincial government in which the liberty of patients is normally subject to restrictions, the institutional head may confer on the person in charge of the hospital, for such period and subject to such conditions as the institutional head specifies, any of the institutional head’s powers under this section in relation to that inmate.