Marginal note:Prohibition on use of bodily substance
742.31 (1) No person shall use a bodily substance provided under a conditional sentence order except for the purpose of determining whether an offender is complying with a condition of the order that they abstain from the consumption of drugs, alcohol or any other intoxicating substance.
Marginal note:Prohibition on use or disclosure of result
(2) Subject to subsection (3), no person shall use, disclose or allow the disclosure of the results of the analysis of a bodily substance provided under a conditional sentence order.
(3) The results of the analysis of a bodily substance provided under a conditional sentence order may be disclosed to the offender to whom they relate, and may also be used or disclosed in the course of proceedings under section 742.6 or, if the results are made anonymous, for statistical or other research purposes.
(4) Every person who contravenes subsection (1) or (2) is guilty of an offence punishable on summary conviction.
- 2011, c. 7, s. 6.
Marginal note:Supervisor may propose changes to optional conditions
742.4 (1) Where an offender’s supervisor is of the opinion that a change in circumstances makes a change to the optional conditions desirable, the supervisor shall give written notification of the proposed change, and the reasons for it, to the offender, to the prosecutor and to the court.
(2) Within seven days after receiving a notification referred to in subsection (1),
(a) the offender or the prosecutor may request the court to hold a hearing to consider the proposed change, or
(b) the court may, of its own initiative, order that a hearing be held to consider the proposed change,
and a hearing so requested or ordered shall be held within thirty days after the receipt by the court of the notification referred to in subsection (1).
Marginal note:Decision at hearing
(3) At a hearing held pursuant to subsection (2), the court
(a) shall approve or refuse to approve the proposed change; and
(b) may make any other change to the optional conditions that the court deems appropriate.
Marginal note:Where no hearing requested or ordered
(4) Where no request or order for a hearing is made within the time period stipulated in subsection (2), the proposed change takes effect fourteen days after the receipt by the court of the notification referred to in subsection (1), and the supervisor shall so notify the offender and file proof of that notification with the court.
Marginal note:Changes proposed by offender or prosecutor
(5) Subsections (1) and (3) apply, with such modifications as the circumstances require, in respect of a change proposed by the offender or the prosecutor to the optional conditions, and in all such cases a hearing must be held, and must be held within thirty days after the receipt by the court of the notification referred to in subsection (1).
Marginal note:Judge may act in chambers
(6) All the functions of the court under this section may be exercised in chambers.
- 1995, c. 22, s. 6;
- 1999, c. 5, s. 39.
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