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

Marginal note:Transfer to unit

• 34 (1) A staff member may authorize the transfer of an inmate into a structured intervention unit under subsection 29.01(1) only if the staff member is satisfied that there is no reasonable alternative to the inmate’s confinement in a structured intervention unit and the staff member believes on reasonable grounds that

  • (a) the inmate has acted, has attempted to act or intends to act in a manner that jeopardizes the safety of any person or the security of a penitentiary and allowing the inmate to be in the mainstream inmate population would jeopardize the safety of any person or the security of the penitentiary;

  • (b) allowing the inmate to be in the mainstream inmate population would jeopardize the inmate’s safety; or

  • (c) allowing the inmate to be in the mainstream inmate population 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:Record of transfers

  (2) The Service shall maintain a record of every instance in which an inmate is authorized to be transferred into a structured intervention unit indicating the reasons for granting the authorization and any alternative that was considered.

• Marginal note:Reasons

  (3) No later than one working day after the day on which the transfer of an inmate is authorized, the Service shall, orally, provide the inmate with notice that the authorization was granted as well as the reasons for it and no later than two working days after the day on which the transfer of an inmate is authorized, the Service shall provide the inmate with those reasons in writing.