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

Marginal note:Grounds

• 37.41 (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.