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

Act current to 2020-01-16 and last amended on 2019-11-30. Previous Versions

PART IInstitutional and Community Corrections (continued)

Structured Intervention Units (continued)

Marginal note:Advice of registered health care professional

  •  (1) If the institutional head determines under paragraph 37.3(1)(a) that an inmate should remain in a structured intervention unit or the institutional head determines under subsection 37.3(2) that an inmate’s conditions of confinement in the structured intervention unit should not be altered in accordance with the recommendations of a registered health care professional, another registered health care professional shall provide advice to the committee established under subsection (3).

  • Marginal note:Qualifications

    (2) The registered health care professional providing the advice is to be a senior registered health care professional employed by the Service or a registered health care professional engaged by the Service as an expert advisor.

  • Marginal note:Committee

    (3) The Commissioner shall establish a committee consisting of staff members who hold a position higher in rank than that of institutional head for the purpose of making determinations under section 37.32.

  • 2019, c. 27, s. 10

Marginal note:Decision of committee — recommendation to alter conditions

  •  (1) As soon as practicable after the institutional head determines under subsection 37.3(2) that an inmate’s conditions of confinement in a structured intervention unit should not be altered in accordance with the recommendations of a registered health care professional, the committee established under subsection 37.31(3) shall, in accordance with regulations made under paragraph 96(g), determine whether the inmate’s conditions of confinement in the unit should be altered.

  • Marginal note:Decision of committee — recommendation that inmate remain in unit

    (2) As soon as practicable after the institutional head determines under paragraph 37.3(1)(a) that an inmate should remain in a structured intervention unit, the committee established under subsection 37.31(3) shall, in accordance with regulations made under paragraph 96(g), determine whether the inmate should remain in the unit.

  • 2019, c. 27, s. 10

Marginal note:Decision — Commissioner

 Thirty days after the institutional head’s determination under paragraph 37.3(1)(b) that an inmate should remain in a structured intervention unit, the Commissioner shall, in accordance with regulations made under paragraph 96(g), determine whether the inmate should remain in the unit. The Commissioner shall also make such a determination in the prescribed circumstances and every 60 days after the Commissioner’s last determination under this section that the inmate should remain in the unit.

  • 2019, c. 27, s. 10

Marginal note:Grounds

  •  (1) The institutional head, the Commissioner or the committee established under subsection 37.31(3) may determine that an inmate should remain in a structured intervention unit only if they believe on reasonable grounds that allowing the inmate’s reintegration into the mainstream inmate population

    • (a) would jeopardize the safety of the inmate or any other person or the security of the penitentiary; or

    • (b) would interfere with an investigation that could lead to a criminal charge or a charge under subsection 41(2) of a serious disciplinary offence.

  • Marginal note:Factors

    (2) In making the determination, the institutional head, the Commissioner or the committee, as the case may be, shall take into account

    • (a) the inmate’s correctional plan;

    • (b) the appropriateness of the inmate’s confinement in the penitentiary;

    • (c) the appropriateness of the inmate’s security classification; and

    • (d) any other consideration that he or she considers relevant.

  • 2019, c. 27, s. 10

Marginal note:Review of inmate’s case

 If an inmate has been authorized to be transferred to a structured intervention unit the prescribed number of times or in the prescribed circumstances, the Service shall review the inmate’s case in the prescribed manner and within the prescribed period.

  • 2019, c. 27, s. 10

Marginal note:Appointment of independent external decision-maker

  •  (1) The Minister shall appoint one or more persons to be independent external decision-makers.

  • Marginal note:Eligibility

    (2) To be eligible for appointment as an independent external decision-maker, a person must have knowledge of administrative decision-making processes in general. A person is not eligible for appointment as an independent external decision-maker if the person was, at any time, in the previous five years a staff member or appointed under subsection 6(1).

  • Marginal note:Term

    (3) An independent external decision-maker is to be appointed for a renewable term of not more than five years and holds office during good behaviour, but may be removed at any time for cause by the Minister.

  • Marginal note:Full-time or part-time

    (4) An independent external decision-maker may be appointed to serve either full-time or part-time.

  • 2019, c. 27, s. 10

Marginal note:Remuneration and expenses

 An independent external decision-maker is to be paid

  • (a) the remuneration that is fixed by the Treasury Board; and

  • (b) in accordance with Treasury Board directives, any travel and living expenses that they incur in the performance of their duties and functions while absent from their ordinary place of work, in the case of a full-time decision-maker, and their ordinary place of residence, in the case of a part-time decision-maker.

  • 2019, c. 27, s. 10

Marginal note:Information to be made available

  •  (1) The Service shall furnish to an independent external decision-maker all information under the Service’s control that is relevant to the making of a determination in respect of an inmate by the independent external decision-maker.

  • Marginal note:Right to require information and documents

    (2) For the purpose of making a determination in respect of an inmate, an independent external decision-maker may require any staff member, or any person whose services are engaged by or on behalf of the Service,

    • (a) to furnish any information that, in the decision-maker’s opinion, the staff member or person may be able to furnish in relation to the inmate’s case; and

    • (b) to produce, for examination by the decision-maker, any document or thing that, in the decision-maker’s opinion, relates to the inmate’s case and that may be in the possession or under the control of the staff member or person.

  • Marginal note:Return of document of thing

    (3) Within 10 days after the day on which an independent external decision-maker makes a determination, the decision-maker shall return to the Service any document or thing furnished under subsection (1) or paragraph (2)(a) or produced under paragraph (2)(b), as well as any copy of one.

  • 2019, c. 27, s. 10

Marginal note:Disclosure to inmate

  •  (1) Before making a determination in respect of an inmate, an independent external decision-maker shall provide or cause to be provided to the inmate, in writing, in whichever of the two official languages of Canada is requested by the inmate, the information that is to be considered by the decision-maker or a summary of that information, other than information provided to the independent external decision-maker by the inmate.

  • Marginal note:Exception

    (2) The independent external decision-maker may withhold from the inmate as much information as is strictly necessary if the independent external decision-maker has reasonable grounds to believe that

    • (a) the information should not be disclosed on the grounds of public interest; or

    • (b) the disclosure of the information would jeopardize the safety of any person, the security of a penitentiary or the conduct of any lawful investigation.

  • 2019, c. 27, s. 10

Marginal note:Written representations

 Before making a determination in respect of an inmate, an independent external decision-maker shall ensure that the inmate is given an opportunity to make written representations to the independent external decision-maker.

  • 2019, c. 27, s. 10

Marginal note:Access to inmate

 For the purpose of making a determination in respect of an inmate, an independent external decision-maker may communicate with the inmate.

  • 2019, c. 27, s. 10
 
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