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The Correctional Services Act

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If you need an official copy, contact Statutory Publications.

S.M. 1998, c. 47

THE CORRECTIONAL SERVICES ACT


Table of Contents

(Assented to June 29, 1998)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART 1

INTERPRETATION, PURPOSE AND PRINCIPLES

Definitions

1(1)      In this Act,

"collective trust account" for a custodial facility means the collective trust account established and maintained under section 27 for inmates of the facility; (« compte en fiducie collectif »)

"commissioner" means the individual designated under section 4 by the minister as the Commissioner of Correctional Services; (« commissaire »)

"contractor" means a person or unincorporated organization that is a party to an agreement made under section 6 under which the person or organization undertakes to provide correctional services; (« entrepreneur »)

"correctional officer" means

(a) an individual who is appointed and employed under The Civil Service Act and who provides, or has responsibilities in respect of the provision, of correctional services or a program established under this Act, other than such a person who never has responsibility for the supervision, control or custody of offenders,

(b) a contractor who is an individual and who provides correctional services under an agreement made under section 6,

(c) an individual who is employed by a contractor to provide correctional services that the contractor is required to provide under an agreement made under section 6, or

(d) a volunteer who has been authorized to assist in the provision of correctional services; (« agent des services correctionnels »)

"correctional service" means any service that is provided under this Act, or under a program established under this Act, and that is directly related to the assessment, supervision, control or custody of offenders; (« services correctionnels »)

"court" means a court of competent jurisdiction in the province; (« tribunal »)

"custodial facility" means

(a) a building or property named or described in the regulations,

(b) any building or property used and operated under an agreement entered into under section 6 as a place in which open custody of an offender, as specified in an order or committal under the Young Offenders Act (Canada), can be provided, or

(c) any other building or property designated under section 23 by the minister as a temporary custodial facility,

and the grounds adjacent to the building or property that are set aside and used for the purpose of operating the building or property as an institution for the custody of inmates, but, except where it is so designated by the minister, does not include a lock-up operated by a police force or a court holding area operated by a sheriff or other person acting as an officer of a court for the purpose of detaining persons accused of offences immediately before, during or immediately after their trials; (« établissement correctionnel »)

"facility head" of a particular custodial facility means

(a) where the particular facility is operated by the government, the individual appointed and employed under The Civil Service Act as a superintendent, head or chief administrative officer of custodial facilities for the purposes of this Act who is designated by the commissioner as the facility head of the particular facility, and includes any staff member designated by that individual or the commissioner to act in the place or stead of that individual in the absence or disability of that individual while that staff member is so acting, or

(b) where the particular facility is operated by another person or unincorporated organization under an agreement entered into under section 6, the individual designated in the agreement or in accordance with the agreement as the individual directly responsible for the management of the particular facility and for the custody, supervision and care of the inmates of the particular facility; (« directeur d'un établissement correctionnel »)

"inmate" of a custodial facility means an individual

(a) who has been sentenced to a term of imprisonment and admitted to the facility to serve the sentence and

(i) who is detained in the facility,

(ii)  who is on a temporary absence from the facility, or

(iii) who is outside the facility in the temporary custody of a peace officer on the condition that the individual be returned to the facility, or

(b) who is otherwise lawfully detained in the facility; (« détenu »)

"intoxicant" means a substance that, if taken into the body, has the potential to impair or alter judgment, behaviour or the capacity to recognize reality or meet the ordinary demands of life, but does not include caffeine, nicotine or an authorized medication used in accordance with directions given by a staff member or a health professional; (« substance intoxicante »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)

"offender" means an individual who

(a) is an inmate,

(b) has been convicted of an offence and who, under the terms of a court order issued as a consequence of the conviction, is under the supervision or care of, in the custody of or subject to some other relationship with, a correctional officer, whether the officer is named in the order or is within a class of correctional officers described in the order, or

(c) who has pleaded guilty or been found guilty of an offence but has been discharged on conditions set out in a probation order that requires supervision by a correctional officer,

and includes an individual who has not been convicted of an offence but who is subject to the terms of a court order which requires the individual to report to or be in communication with a correctional officer; (« contrevenant »)

"offender information" in respect of an offender means information of any kind and in any form, including photographs and other identification materials, relating to the offender that is obtained by a staff member or correctional officer for the purposes of the administration of this Act or prepared from information so obtained, but does not include

(a) information relating to the offender that is retained in court records to which the public has access,

(b) information that is in a form that does not directly or indirectly, or by inference, reveal the identity of the offender, or

(c) personal health information, as defined in subsection 1(1) of The Personal Health Information Act, relating to the offender; (« renseignements concernant un contrevenant »)

"prescribed" means prescribed by regulation;

"remote monitoring system" means a system of monitoring the location, activities or communications of an offender by means other than direct observation or listening by an individual, whether that monitoring is achieved by cameras, projectors, electronic equipment, mechanical equipment or other means; (« système de télésurveillance »)

"staff member" means

(a) a correctional officer, and

(b) any other person appointed and employed under The Civil Service Act to work in the administration of this Act under the direction or supervision of the commissioner,

but does not include a volunteer, a contractor or an employee of a contractor;(« membre du personnel »)

"volunteer" means an individual who has been designated under subsection 17(2) as a volunteer; (« bénévole »)

"young person" means a young person as defined in the Young Offenders Act (Canada), but does not include such a person in respect of whom an order has been made under section 16 of that Act. (« adolescent »)

Supervision

1(2)       For the purposes of this Act, an offender is under supervision if the offender

(a) is subject to an order of a court which requires the offender to report to or be in communication with a correctional officer; or

(b) has been sentenced to a term of custody in, and been admitted to, a custodial facility and

(i) has been authorized to be temporarily absent from the facility, or

(ii) has been authorized under section 35 of the Young Offenders Act (Canada) to be temporarily released from the facility.

Purpose

2(1)      The purpose of this Act is to contribute to a safe, just and peaceful society by providing for

(a) the management of custody sentences and supervision orders imposed on persons, with the appropriate degree of custody, supervision and control essential for public safety;

(b) the safe, secure and humane accommodation of persons who are in lawful custody; and

(c) appropriate programs, services and encouragement to assist offenders to lead law-abiding and useful lives.

General principles

2(2)      The purpose of this Act is to be achieved, and this Act and the regulations are to be construed and administered, in a manner consistent with the following principles:

(a) The protection of society and the accountability and responsibility of offenders shall be given paramount consideration in all decisions to be made in the administration of this Act.

(b) A person who has committed an offence should make reparation to victims of the offence and to the community to the fullest extent possible, and, whenever appropriate, should be encouraged to participate with victims and the community for that purpose.

(c) The safety of the community will be enhanced by addressing, as far as possible, those needs and circumstances of offenders that are related to their offending behaviour.

(d) The degree of supervision and control imposed on offenders shall be as restrictive as is reasonably necessary and lawfully possible for the protection of society.

(e) Discipline and restrictions imposed on offenders otherwise than by a court shall be applied by a fair process and with lawful authority.

(f) The policies, programs and practices used or provided in the administration of this Act should take into account the age, sex, cultural differences and abilities of offenders whenever appropriate.

(g) Offenders, and the guardians of offenders who are young persons, should be involved in decisions made in the administration of this Act that affect the offenders whenever appropriate.

(h) When a court imposes a sentence on an offender or a court orders that an accused person be held in custody or be released under supervision, the sentence, custody or supervision will be carried out and administered in accordance with this Act and the regulations.

Application

3(1)      Unless the context otherwise requires, this Act applies equally to offenders who are adults and to offenders who are young persons.

Where Act doesn't apply

3(2)      This Act does not apply

(a) to a sheriff, sheriff's officer or police constable who, while acting in the capacity of a sheriff, sheriff's officer or police constable, has custody of an offender;

(b) to the operator or management of a lock-up, hospital or other place that is not a custodial facility and in which an offender is held in custody, whether or not on the instructions or at the request of the commissioner; or

(c) to an offender detained in a penitentiary.

Where Act continues to apply

3(3)      Notwithstanding subsection (2), where the custody of an inmate of a particular custodial facility is temporarily turned over to a sheriff, sheriff's officer or police constable, or an inmate of a particular custodial facility is transferred to, or is granted a temporary absence from the particular facility to permit the inmate to be admitted to a hospital or other place that is not a custodial facility, this Act, the regulations and the rules of the particular facility continue to apply to the inmate as though the inmate had remained and were still within the particular facility.

PART 2

GENERAL CORRECTIONAL SERVICES

Designation of commissioner

4         The minister shall designate an individual employed by the government under The Civil Service Act as the Commissioner of Correctional Services, and may designate one or more individuals as deputies to the commissioner.

Delegation by commissioner or facility head

5          Where this Act authorizes the commissioner or a facility head to do any act or thing, the commissioner or facility head, as the case may be, may, in writing, delegate that authority to an appropriate staff member.

Agreements

6         The minister, the minister's deputy or, on the written authority of the minister, the commissioner may, on behalf of the government, make agreements with the Government of Canada, with the government of another province or territory, or with any person or unincorporated organization

(a) respecting the provision of any correctional service provided or to be provided under this Act or a program established or to be established under this Act or the provision of a service relating to corrections or offenders that is provided or required under an Act of Parliament;

(b) respecting the transfer of inmates from custodial facilities to penitentiaries or to institutions for the custody of offenders in another province or territory, or from penitentiaries or such institutions to custodial facilities;

(c) for the lease of property for use, or for the right to use any property, in the administration of this Act; or

(d) for any other purpose appropriate to the administration of this Act.

Staff criteria

7(1)      Every staff member shall meet and maintain criteria as to education, training, criminal record and other qualifications prescribed in respect of the staff member's position and shall take courses of training in respect of their duties and functions in the administration of this Act as required by the commissioner.

Contractors and their employees

7(2)      Every contractor who is an individual and who, in providing correctional services under a contract, has direct contact with an offender, and every employee of a contractor who has duties or functions in respect of providing correctional services under a contract, shall meet criteria as to education, training, criminal record and other qualifications prescribed for the class of correctional services so provided.

Direction and management of correctional officers

8(1)      Correctional officers are under the direction and management of the commissioner who shall determine their responsibilities and duties.

Determination of supervision etc.

8(2)      When an assessment of an offender is required or an offender is placed under supervision, the commissioner shall determine which correctional officer will prepare the assessment or be responsible for the supervision.

Status of correctional officers as peace officers

9         Every correctional officer is, for the purpose of carrying out and discharging duties and functions and exercising authority in the administration of this Act, a peace officer.

Training courses

10(1)     The commissioner may make arrangements for the offering of training courses relating to the administration of correctional services

(a) for staff members to enable them to meet or maintain criteria or qualifications of positions of staff members;

(b) for prospective applicants for employment in the administration of this Act; or

(c) for any persons who are interested in the subjects covered in, or the content of, the courses.

Fees for courses

10(2)     The commissioner may collect from a participant, other than a staff member, in a training course offered under subsection (1) any fee or charge prescribed to be paid by such a participant in respect of the course.

Obtaining information

11        The commissioner may, in accordance with the regulations,

(a) obtain information of any kind and in any form, including photographs and other identification materials, relating to offenders that is necessary for the fair and proper administration of this Act and the programs established under this Act and the administration of justice; and

(b) establish procedures and systems for the proper recording, use, management, maintenance and preservation of the information so obtained.

Assessment procedures

12(1)     The commissioner may establish procedures for assessing

(a) the risks of offenders committing further offences;

(b)  the causes of offenders' criminal behaviour and the manner of eliminating, diminishing or dealing with those causes; and

(c) the risks to the security, safety and order of custodial facilities, and any special requirements in the operation and management of the facilities, created by the behaviour or anticipated behaviour of the inmates of the facilities.

Offender plans

12(2)     The commissioner shall establish a system and procedures for preparing and keeping up to date, in accordance with the regulations, plans for offenders based on considerations in respect of

(a) the safety and security of the community;

(b) the safety, security and rehabilitation of the offenders;

(c) participation by or attendance of the offenders in programs established under this Act;

(d) where the offenders are inmates of custodial facilities, the safety and security in the facilities;

(e) the special circumstances and needs of the offenders; and

(f) any other factors specified in the regulations.

Notification to offenders

12(3)     Where a plan for an offender has been prepared or amended under subsection (2), the offender shall be informed of the plan and any amendments to it and may be allowed to see the plan.

Establishing programs

13(1)     The commissioner may establish programs, which may include work, education and training programs,

(a) for administering and carrying out court orders in respect of offenders;

(b) for inmates of custodial facilities to carry out duties, functions and tasks within, and otherwise to participate in and contribute to the efficient operation and maintenance of, the facilities;

(c) for offenders to perform community service;

(d) to address the causes of offenders' criminal behaviour and to reduce the risks of offenders' committing further offences;

(e) to assist offenders to acquire, maintain or develop skills that will help them to become useful, productive and law abiding citizens; and

(f) for such other purposes as the commissioner thinks appropriate and practicable in respect of the supervision, treatment or custody of offenders.

Correctional activities

13(2)     The commissioner may establish, or make arrangements with any person or unincorporated organization to carry on, correctional activities for the purpose of

(a) employing offenders and providing them with meaningful work and an opportunity to develop useful skills and training; or

(b) producing goods and offering services for the benefit of the public or to non-profit organizations.

Approved programs for conditional sentences

14        The commissioner may approve a program established under subsection 13(1) as a treatment program approved by the province for the purposes of subsection 732.1(3) of the Criminal Code (Canada).

Fees and charges for services etc.

15        The commissioner may, in accordance with the regulations, collect from offenders, and from the parents and guardians of offenders who are young persons, for correctional services provided to the offenders or for access or participation by the offenders to or in programs established under this Act, fees and charges prescribed in respect of the services or programs.

Tests of inmates for intoxicants

16(1)     In prescribed circumstances and otherwise in accordance with and subject to the regulations, the facility head of a custodial facility may require an inmate of the facility to submit to a test to deter or determine the use of intoxicants and, if the inmate refuses to comply with the requirement, the offender may, at the discretion of the facility head, face disciplinary action, denial of temporary absence or temporary release from custody, or such other loss of privileges as the facility head may determine.

Tests of offenders for intoxicants

16(2)      Where an offender is under supervision and the terms or conditions of the supervision require the offender to abstain from the use of intoxicants, the commissioner may require the offender to submit to a test to deter or determine the use of intoxicants and, if the offender refuses to comply with the requirement, the refusal shall be treated as a breach of the terms and conditions of the supervision.

Establishment of committees

17(1)     The commissioner may

(a) establish citizen advisory committees to assist in, or to give advice in respect of, the administration of this Act or any aspect of it or any program established or to be established under this Act;

(b) determine the terms of reference of the committees or their duties;

(c) appoint, or determine the method of appointment of, members to the committees.

Designation of volunteers

17(2)     The commissioner may in writing designate individuals who meet criteria as to education, training, criminal record and other qualifications prescribed for volunteers as volunteers to assist in the administration of this Act or a program established under this Act.

Duties of volunteers

17(3)     The commissioner may determine the duties and tasks that volunteers, or volunteers with qualifications specified by the commissioner, may carry out or perform in assisting in the administration of this Act or a program established under this Act.

No remuneration for committees or volunteers

17(4)     The members of committees established under subsection (1) and volunteers designated under subsection (2) shall serve without remuneration, but they may be paid honorariums or their out of pocket expenses at prescribed rates.

Gifts and donations

18        The commissioner may, on behalf of the government, receive gifts, donations or grants of property or money for use in the administration of this Act or in any program established under this Act or service provided under this Act.

Investigations and inquiries

19(1)     The commissioner may cause an investigation or inquiry to be made or research to be conducted into any matter relevant to, or any aspect of, the administration of this Act or into any program provided or proposed to be provided under this Act.

Inspections and reviews

19(2)     The commissioner shall, from time to time, cause

(a) reviews to be made of the administration of this Act and the programs established under this Act; and

(b) inspections to be made of the custodial facilities.

Manner of investigations etc.

19(3)      Every investigation, inquiry, review and inspection made and all research conducted under this section shall be conducted or made in accordance with, and subject to the restrictions imposed by, the regulations.

Cooperation of staff etc.

19(4)     Where an investigation, inquiry, review or inspection is being made or research is being conducted under this section, all staff members, contractors, employees of contractors, volunteers and offenders shall cooperate with the persons making or conducting the investigation, inquiry, review, inspection or research, and shall provide them with all information, including offender information, that the persons think necessary to complete their work.

Failure to comply with supervision order

20        Where an offender under supervision fails to comply with any term or condition of a probation order, the correctional officer who is responsible for the supervision shall, in accordance with policies established by the commissioner, exercise discretion in determining whether to proceed under section 733.1 of the Criminal Code (Canada).

Youth workers

21        Every correctional officer who is assigned by the commissioner to perform or provide correctional services for a young person is designated as a youth worker for the purposes of the Young Offenders Act (Canada).

Jurisdiction of National Parole Board

22        The National Parole Board continued under the Corrections and Conditional Release Act (Canada) is authorized to exercise in Manitoba the extended jurisdiction described in subsection 108(2) of that Act.

PART 3

CUSTODIAL SERVICES

Designation of temporary custodial facility

23(1)     Where, in the opinion of the minister, circumstances require additional buildings and properties to be used temporarily as places of custody of inmates, the minister may designate a building or property as a temporary custodial facility.

Termination of designation

23(2)     Where, in the opinion of the minister, the circumstances that required the designation under subsection (1) of a temporary custodial facility no longer exist, the minister shall revoke the designation effective on a day specified in the revocation.

Duties of facility heads

24        The facility head of a custodial facility is responsible, under the supervision of the commissioner, for

(a) the safe, secure and efficient operation of the facility;

(b) the well-being of the inmates of the facility;

(c) making arrangements that will help the inmates of the facility to relocate in the community;

(d) the operation within the facility of programs established under subsection 13(1); and

(e) the administration of this Act within the facility.

Rules for custodial facilities

25(1)     The facility head of a custodial facility shall establish rules, not inconsistent with this Act and the regulations, respecting the matters referred to in section 24 and, without limiting the generality of the foregoing, respecting

(a) the conduct of inmates of the facility;

(b) activities of inmates of the facility; and

(c) such other matters as are necessary or advisable for the maintenance of order and good management of the facility.

Non-compliance with regulations or rules

25(2)     Where an inmate of a custodial facility fails to comply with

(a) a regulation respecting discipline of inmates of custodial facilities; or

(b) a rule established under subsection (1) by the facility head of the facility;

the inmate is subject to be disciplined in accordance with prescribed procedures and is subject to prescribed sanctions.

Designation of non-smoking areas

26(1)     Where the commissioner thinks it is necessary to protect the health of any person, the commissioner may designate all or part of a custodial facility as a non-smoking area, either at all times or during certain periods as may be specified by the commissioner.

Notices for non-smoking areas

26(2)     Where a custodial facility, or a part thereof, is designated under subsection (1) as a non-smoking area at all times or during specified periods, notices shall be posted in prominent places in the facility, or the part, as the case may be, indicating

(a) that the facility or part is a non-smoking area; and

(b) if the designation is effective only for specified periods, the periods during which smoking is not allowed in the facility or part.

Collective trust accounts

27(1)     The facility head of a custodial facility shall establish and maintain a collective trust account for the inmates of the facility into which there shall be paid

(a) all money surrendered by inmates on their admission to the facility;

(b) all allowances earned by inmates in a correctional activity established under subsection 13(2) or credited to inmates under section 39;

(c) all salary and wages earned from outside sources by inmates while they are inmates of the facility;

(d) all money received by the facility head for the benefit or use of particular inmates of the facility; and

(e) all money transferred to the account from inmates trust accounts of other custodial facilities in respect of inmates who are transferred to the facility.

Inmates' accounts

27(2)     Each inmate of a custodial facility shall have, within the collective trust account for the facility, a separate account to which shall be credited the amounts referred to in clauses (1)(a) to (e) that relate to the inmate.

Disbursements from inmates' accounts

27(3)     Amounts to the credit of an inmate of a custodial facility in the collective trust account for the facility shall be dealt with, and may be used and disbursed, in accordance with the regulations.

Facility trust account

28        The facility head of a custodial facility shall establish a separate general trust account for the facility

(a) into which there may be paid

(i) any money generated from any revenue producing activity approved by the facility head to be carried on or offered in the facility,

(ii) any interest or income earned from the operation of the collective trust account for the facility, and

(iii) all money received by the facility head for the general benefit of the inmates of the facility; and

(b) from which there may be disbursed amounts in accordance with the regulations.

Determination of facility for serving sentence

29        Subject to the Young Offenders Act (Canada), where a court sentences an offender to a term of custody to be served in a custodial facility, or orders an accused person to be held in custody, notwithstanding anything in the sentence or order or instruction of the court, the commissioner shall determine the custodial facility in which the offender shall serve the term or any part of the term or shall be held in custody.

Change in custody

30(1)     The commissioner may, from time to time, cause an inmate of a custodial facility

(a) to be transferred to another custodial facility;

(b) to be transferred to a prison, reformatory or youth custody facility in another province or territory as permitted under an agreement made with the government of that other province or territory; or

(c) to be transferred to a penitentiary as permitted under an agreement made with the Government of Canada.

Acceptance of other prisoners

30(2)     The commissioner may authorize an offender who was in custody in a prison, reformatory or youth custody facility in another province, or in a penitentiary, to be accepted as an inmate of a custodial facility as permitted under an agreement with the government of that other province or territory or the Government of Canada, as the case may be.

Times for admissions

31        The commissioner may limit the admission of persons as inmates to a custodial facility to specified days and specified times in those days.

Refusal of admission because of medical needs

32        The facility head of a custodial facility shall not admit to the facility as an inmate any person who appears to the facility head to be in need of immediate medical attention.

Surrender of property

33(1)     When an offender is admitted to a custodial facility as an inmate, the inmate shall surrender to correctional officers employed in the facility

(a) all money that the inmate is carrying at the time of admission, except money in an amount and of a type that an inmate of the facility is permitted under the rules of the facility to carry; and

(b) all other personal property, except property specified in the rules for the facility, of which the inmate has physical possession at the time of admission.

Surrendered property

33(2)     Personal property other than money surrendered under subsection (1) by an inmate to correctional officers of a custodial facility shall be dealt with, retained or disposed of in accordance with the regulations and, unless disposed of, shall be returned to the inmate when the inmate is released from custody.

Institutional clothing

34        The facility head of a custodial facility may require an inmate of the facility to wear institutional clothing and may limit the use by an inmate of the inmate's own clothing.

Notification to inmate

35(1)     Where a plan for an inmate of a custodial facility has been prepared or amended under subsection 12(2), the inmate shall be advised that failure to participate in or attend a program in accordance with the plan may result in the inmate's facing disciplinary action, denial of temporary absence or temporary release from custody or the loss of other privileges as the facility head of the facility may determine.

Inmates not serving sentences

35(2)     Notwithstanding subsection (1), an inmate of a custodial facility who is not serving a sentence of custody shall not be required to participate in or attend a program carried on in the facility, but the facility head of the facility may allow the inmate to participate in or attend such a program.

Live-in program for infants

36        Where a female inmate of a custodial facility is the primary care giver of an infant who is the child of the inmate, the commissioner may, on the written request of the inmate, permit the infant child to live with the inmate in the facility if the commissioner thinks that

(a) it is in the best interests of the child;

(b) the inmate is able to care for the child; and

(c) the facility has proper accommodation for the inmate to care for the child.

Health examinations

37        The facility head of a custodial facility may require an inmate of the facility to undergo an examination by a health professional, as defined in subsection 1(1) of The Personal Health Information Act, to determine whether the inmate is suffering from any condition relating to the physical or mental health of the inmate that may require special treatment, care or medication or that may endanger the health of other inmates of the facility.

Removal to other facilities

38        The facility head of a custodial facility may cause an inmate of the facility to be removed to a hospital, clinic or other health facility for the purposes of

(a) an examination required under section 37; or

(b) the proper treatment, care or medication of the inmate in respect of any condition relating to the physical or mental health of the inmate.

Inmate allowances

39        Where an inmate of a custodial facility carries out duties, functions or tasks in a program of the type referred to in clause 13(1)(b) established under this Act, or an activity established or carried on under subsection 13(2), the inmate may be credited with allowances in prescribed amounts.

Wages and salaries of inmates

40        Where an inmate of a custodial facility is entitled to receive, while in custody, wages or salary from employment outside the facility, unless the facility head of the facility directs otherwise, the employer liable to pay the wages or salary shall send, or the inmate shall deliver, the wages or salary, less any deductions required by law, to the facility head who shall credit the amount to the inmate's account in the collective trust account for the facility.

Restrictions within custodial facility

41(1)     In accordance with and subject to the regulations, the facility head of a custodial facility may, for reasons of safety, security or order in the facility or the well-being or discipline of one or more inmates of the facility,

(a) restrict, or place limitations on,

(i) the movements within the facility of one or more inmates of the facility, or

(ii) the access of one or more inmates of the facility to other inmates of the facility; or

(b) place one or more inmates of the facility in protective or preventive segregation .

Lock-down of custodial facility

41(2)     In accordance with and subject to the regulations, the facility head of a custodial facility may, for reasons of safety, security or order in the facility, temporarily shut down the facility or a part of it by

(a) confining the inmates of the facility or those of them who normally reside in that part, as the case may be, to their sleeping areas; and

(b) restricting entry to the facility or that part, as the case may be, to correctional officers and police officers who have duties in the facility or part.

Monitoring communications of inmates

42(1)     Where the facility head of a custodial facility thinks there are reasonable grounds for doing so, the facility head may cause the communications of an inmate of the facility to be controlled or monitored, subject to the regulations.

Use of remote monitoring systems

42(2)     The facility head of a custodial facility may, in prescribed circumstances and subject to prescribed conditions, authorize the use of a prescribed remote monitoring system to monitor the location, movements, activities or communications of an inmate of the facility.

Search

43(1)     A search of an individual, place or property within a custodial facility, or of an offender under supervision of a correctional officer outside a custodial facility, may be conducted in accordance with the regulations or as otherwise permitted or required by law.

Seizure

43(2)     A property or substance may be seized and dealt with or disposed of in accordance with the regulations

(a) where possession of the property or substance by the person in whose possession it was found or in the circumstances in which it was found is prohibited by the regulations or by the rules established under section 25;

(b) where there are reasonable grounds to believe that the property or substance may, or may be used to, adversely affect the health or safety of a person or the security or maintenance of order within a custodial facility;

(c) where it may be evidence of or relating to a disciplinary or criminal offence; or

(d) in any other prescribed circumstances;

or as otherwise permitted or required by law.

Regulations respecting search or seizure

43(3)     A regulation respecting searches or seizures under this section may be made to apply to all custodial facilities or to specified custodial facilities or specified areas within custodial facilities.

Use of force etc.

44        A correctional officer employed in a custodial facility may use such force, including restraint, as is reasonably necessary and such equipment as is specified in the regulations,

(a) to maintain order in, and control of the inmates of, the facility; or

(b) to prevent self-destructive behaviour by an inmate of the facility.

Temporary absence of adults

45        The facility head of a custodial facility may, in accordance with the regulations, authorize an inmate of the facility, other than a young person, to be temporarily absent from the facility, with or without escort and subject to prescribed conditions and other conditions specified by the facility head, for a period specified by the facility head, and the facility head may from time to time renew the authority or extend the period of the temporary absence.

Temporary release of young person

46        Where the temporary release of a young person who is an inmate of a custodial facility has been authorized under section 35 of the Young Offenders Act (Canada) and the circumstances of the case make it impractical or unnecessary for the young person to return frequently to the facility, the commissioner may extend or renew the authorization for an additional period, but, except where the temporary release is authorized for medical reasons, the total of the period of the initially authorized temporary release and any extensions or renewals thereof shall not exceed 60 days.

Release of inmates

47        An inmate of a custodial facility who is entitled to be released from custody on a particular day from the facility because of the expiration of a sentence or because of earned remission shall be released on that day at a reasonable time as may be determined by the facility head of the facility.

Religious practice

48        An inmate of a custodial facility shall be allowed reasonable opportunities to practise a recognized religion or spiritual custom, as determined by the facility head of the facility, if the facility head is satisfied that it does not adversely affect the safety, security or operation of the facility or any program carried on in the facility.

"Visitor" defined

49(1)     In this section "visitor", to a custodial facility means an individual who wishes to enter or be in the facility but who is not

(a) an inmate of the facility;

(b) a correctional officer whose duties and functions require the officer to be in the facility; or

(c) a staff member whose duties and functions in the administration of this Act or a program established under this Act require the staff member to be in the facility.

Permission for visits

49(2)     The facility head of a custodial facility may permit a particular visitor to the facility, who meets the personal qualifications prescribed for visitors of the class to which the particular visitor belongs, to enter or be within the facility for the purpose of

(a) allowing the inmates of the facility to maintain positive relationships with family, friends and the community;

(b) allowing persons to provide necessary services to the facility and inmates of the facility; or

(c) allowing the public to be aware of the conditions and programs carried on in the facility.

Procedures for visits

49(3)     The facility head of a custodial facility shall take steps and establish procedures to ensure, as much as is reasonably possible, that the presence of visitors to the facility does not

(a) endanger the safety or health of the visitors; or

(b) adversely affect the safety and security of the facility or the community.

Terms and conditions of visits

49(4)     Every visitor to a custodial facility who is permitted under subsection (2) to be within the facility shall comply with

(a) prescribed terms and conditions;

(b) terms and conditions imposed under the regulations or the rules established under subsection 25(1) for the facility that relate to visitors or visiting privileges; and

(c) terms and conditions specified by the facility head of the facility at the time the permission was granted.

Refusal of visits

49(5)     The facility head of a custodial facility may, for cause,

(a) refuse to permit a visitor to the facility to enter, or require a visitor to the facility to leave, the facility where the facility head thinks that it is in the public interest to do so; and

(b) prohibit a visitor to the facility from entering the facility at any time or for a period specified by the facility head.

Suspension of access to facility

49(6)     Where the facility head of a custodial facility thinks that it is necessary for the safety and security of the facility and persons in the facility, the facility head may temporarily suspend access to the facility by any visitors to the facility.

M.L.A.s and judges

49(7)     Notwithstanding subsections (2) to (6) but subject to subsection 41(2), members of the Legislative Assembly and judges of courts shall be permitted to visit any custodial facility at any time.

Unauthorized person in custodial facilities

50        Every person who, without lawful authority,

(a) is found trespassing in the buildings, grounds, yards, offices or other premises of, appertaining to or forming part of; or

(b) is found loitering near a custodial facility;

is guilty of an offence.

Support personnel

51        A person who is not a correctional officer and who has duties or functions in support of the maintenance or operation of a custodial facility may be required by the facility head of the facility to meet criteria as to background, criminal record and other qualifications specified by the facility head.

Grievance of inmate

52        An inmate of a custodial facility may complain in writing to the facility head of the facility about any condition or situation in the facility that affects the inmate, and the complaint shall be dealt with in accordance with the regulations.

Appeals by inmates

53(1)     An inmate of a custodial facility may, in accordance with the regulations, appeal from any prescribed decision affecting the inmate that was made by the commissioner, the facility head of the facility or the delegate of either of them.

Initiation of appeal

53(2)     An appeal taken under subsection (1) shall be initiated by the inmate of a custodial facility filing with the commissioner, the facility head of the facility or the delegate of either of them a written notice of appeal, setting forth the details of the decision being appealed and the reasons why the inmate thinks the decision should be set aside or varied.

Procedure on appeal

53(3)     An appeal taken under this section shall be dealt with and determined in accordance with procedures specified in the regulations.

Definitions

54(1)     In this section,

"adjudicator" means a person to whom, under subsection (3), the commissioner refers a matter respecting the release of an inmate of a custodial facility before the inmate's warrant expiry day; (« arbitre »)

"estimated statutory release day" of an inmate of a custodial facility at a particular time means the day that is estimated at the particular time by the facility head of the facility to be the day that the inmate would be released from custody before the inmate's warrant expiry day, taking into account the full remission in respect of the sentence that the inmate may earn under the Prisons and Reformatories Act (Canada) and the regulations made under that Act and any portion of that remission that has been forfeited before the particular time; (« date estimative de libération »)

"warrant expiry day" of an inmate of a custodial facility means the day the inmate would be released from custody if the inmate served the full term of the sentence imposed on the inmate by a court. (« date d'expiration du mandat de dépôt »)

Referral of early release to commissioner

54(2)     Where, on the basis of a risk assessment of an inmate of a custodial facility, other than an inmate who is sentenced to serve an intermittent sentence or who is expected to be an inmate of the facility for less than 90 days, who, but for this section, would be released from the facility before the inmate's warrant expiry day, the facility head of the facility is of opinion that there is reason to believe that the inmate is likely to commit an offence causing death or serious harm to another person, a sexual offence involving a child or a serious drug offence, the facility head shall,

(a) not later than 21 days before the estimated statutory release day of the inmate, determined at the time of the referral, refer to the commissioner the matter of the release of the inmate before the inmate's warrant expiry day, together with the risk assessment and all the information in the possession of the facility head that the facility head thinks is relevant to the matter; and

(b) inform the inmate of the risk assessment and of the referral.

Action by commissioner

54(3)     Where the matter of the release of an inmate of a custodial facility before the inmate's warrant expiry day is referred under subsection (2) to the commissioner by the facility head of the facility, if the commissioner, after careful consideration of the matter and the relevant information, agrees with the opinion of the facility head, the commissioner

(a) may, not later than 14 days before the estimated statutory release day of the inmate determined under subsection (2), refer the matter to a person named in the list maintained under subsection (5) to adjudicate whether the inmate should be held in custody until the inmate's warrant expiry day and provide the person with the risk assessment and the information received by the commissioner; and

(b) where the commissioner refers the matter to an adjudicator, shall inform the inmate and the facility head of the facility of the referral.

Adjudication

54(4)     Where the matter of the release of an inmate of a custodial facility before the inmate's warrant expiry day is referred to an adjudicator under subsection (3), the adjudicator shall

(a) fix a time, not later than 10 days before the estimated statutory release day of the inmate, determined under subsection (2), and a place within or near the facility for a hearing into the matter;

(b) inform the inmate, the commissioner and the facility head of the facility of the time and place of the hearing;

(c)  at the time and place so fixed hold a hearing into the matter and in particular into the reasons for the belief that the inmate is likely to commit an offence causing death or serious harm to another person, a sexual offence involving a child or a serious drug offence;

(d) permit the inmate, the commissioner or the commissioner's delegate and the facility head or the facility head's delegate to appear and be heard at the hearing and to be represented by counsel or an agent, and otherwise conduct the hearing in accordance with the procedures prescribed for hearings under this section; and

(e) before the estimated statutory release day of the inmate decide whether or not the inmate shall be held in custody until the inmate's warrant expiry day and notify the inmate, the commissioner and the facility head of the decision.

List of adjudicators

54(5)     The minister shall maintain a list of persons who are suitable and willing to act as adjudicators under this section.

PART 4

GENERAL

Interfering with operation of custodial facility

55(1)     No person shall interfere with the security or operation of a custodial facility or block or interfere with the access to or egress from a custodial facility.

Obstructing investigations etc.

55(2)     No person shall interfere with or obstruct any person making or conducting an investigation, inquiry, review or inspection under this Act.

Offence of providing information

56(1)     Except as provided in the regulations and

subject to subsections (2) to (5), no staff member, volunteer, contractor or employee of a contractor shall

(a) knowingly provide or allow to be provided offender information to any person;

(b) knowingly allow any person to have access to any offender information; or

(c) knowingly use any offender information otherwise than in the administration of this Act, the Criminal Code (Canada), the Corrections and Conditional Release Act (Canada), the Prisons and Reformatories Act (Canada) and the Young Offenders Act (Canada).

Where information may be provided

56(2)     A staff member, volunteer, contractor or employee of a contractor is not guilty of an offence under subsection (1) where the staff member, volunteer, contractor or employee provides, or allows access to, offender information in respect of an offender as permitted by, and in accordance with, the regulations.

Disclosure on release etc.

56(3)     Where

(a) an offender

(i) is about to be released at the expiration of a term of imprisonment,

(ii) has escaped, or

(iii) has breached the terms or completed the period of a supervision order; and

(b) there are reasonable grounds to believe that the offender may pose a threat to any person;

the commissioner shall notify the appropriate police force in the area of the province where the threat is liable to occur and provide them with such information, including such offender information in respect of the offender, as the commissioner thinks pertinent to the threat and appropriate in the circumstances.

Disclosure where offender at large

56(4)     Where the commissioner thinks there is reason to believe that an offender who is not in custody may cause damage or harm to a person, the commissioner shall notify the appropriate police force in the area in which the person resides and provide them with such information, including offender information in respect of the offender, as the commissioner thinks appropriate in the circumstances.

Disclosure respecting safety etc.

56(5)     Where any person working in the administration of this Act, otherwise than in the capacity of a chaplain or spiritual advisor, becomes aware of any information that the person thinks indicates that there may be a danger to the safety or security of a custodial facility, or the safety of the community or an individual, or that the person thinks will be helpful in determining who has committed an offence, the person shall report the information to the commissioner or to the facility head of a custodial facility who, notwithstanding this or any other Act of the Legislature, may disclose the information to the appropriate police force.

Information in confidence

56(6)     For the purposes of The Freedom of Information and Protection of Privacy Act, all information, including photographs and identification materials, that pertains to an offender and that is obtained by a staff member, contractor, employee of a contractor or volunteer from the offender or a third person in the administration of this Act or any program established under this Act is information in a correctional record and is deemed to have been supplied by the offender or third person in confidence for the purposes of the administration of this Act.

Conflict with Freedom of Information and Protection of Privacy Act

56(7)     If a provision of this Act is inconsistant with a provision of The Freedom of Information and Protection of Privacy Act, the provision of this Act applies notwithstanding The Freedom of Information and Protection of Privacy Act.

Application of employment Acts

57        For the purposes of all Acts of the Legislature, and notwithstanding any other Act of the Legislature, an offender who does any work or performs any task or function

(a) in complying with a court order to do any community service;

(b) in a correctional facility while an inmate of the facility; or

(c) in producing or providing goods or services in a correctional activity established under subsection 13(2);

whether the offender receives any remuneration or allowance for the work, task or function, is not an employee of any person in respect of the work, task or function.

No liability

58(1)     No action lies against the government, the minister or the commissioner, or any staff member, contractor, volunteer or other person acting under the direction of the commissioner, for anything done or omitted to be done in good faith in the administration of this Act or in the discharge of any powers or duties that under this Act are intended or authorized to be executed or performed.

Liability in case of negligence

58(2)     Subsection (1) does not apply where a person is negligent in discharging any powers or duties

that under this Act are intended to be executed or performed.

Regulations

59(1)     The Lieutenant Governor in Council may make regulations

(a) naming and describing buildings and properties that are set aside for the purpose of operating them as custodial facilities;

(b) prescribing anything required or authorized to be prescribed for the purposes of this Act;

(c) respecting the manner of doing, or restricting the doing of, any act or thing the doing of which is, under this Act, required or permitted to be done in accordance with the regulations, authorizing steps to be taken in the doing of the act or thing, and requiring persons to assist or do things to assist in or facilitate the doing of the act or thing;

(d) prescribing criteria as to education and training in respect of various positions of staff members or in respect of persons with whom contracts are entered into to carry out or perform various duties, functions and tasks in providing services or programs in the administration of this Act;

(e) prescribing remote monitoring systems that may be authorized under this Act to monitor the location, movements or activities of an inmate of a custodial facility;

(f) prescribing the circumstances in which and the conditions subject to which a facility head may authorize the use of a remote monitoring system to monitor the location, movements, activities or communications of an inmate of a custodial facility;

(g) respecting the manner of, and the procedures to be followed in, dealing with complaints of inmates of custodial facilities and respecting the remedial actions that may be taken where the complaints are justified;

(h) respecting the manner of, and the procedures to be followed in, dealing with appeals of inmates of custodial facilities from decisions affecting them, and prescribing the decisions or classes of decisions from which such appeals may be taken;

(i) respecting the procedures to be followed by adjudicators in hearings conducted under section 54;

(j) respecting the collection of information from offenders and the recording, use, management and maintenance of offender information;

(k) respecting the manner of making investigations and inquiries under this Act and imposing restrictions on persons making those investigations or inquiries;

(l) respecting the requirement of offenders to submit to tests to deter or determine the use of intoxicants and respecting the circumstances in which and the frequency with which the requirement may be imposed;

(m) respecting the collection of fees and charges from offenders, and from the parents or guardians of offenders who are young persons, for the provision of correctional services or access to programs established under this Act, including determining the circumstances and situations in which such fees and charges will or will not be collected;

(n) respecting allowances that may be credited to inmates, including the amounts of such allowances;

(o) respecting the operation of collective trust accounts for custodial facilities, including the use to which amounts to the credit of an inmate in a custodial trust account may be put and the purposes for which disbursements may be made from amounts to the credit of an inmate in a collective trust account;

(p) respecting the operation of, and the disbursements that may be made from, general trust accounts established under section 28 for custodial facilities;

(q) respecting the preparation and the keeping up to date of offender plans under subsection 12(2);

(r) respecting the control or monitoring of communications of inmates of custodial facilities under subsection 42(1);

(s) respecting the treatment, care and medication of inmates of custodial facilities in respect of their physical or mental health;

(t) respecting the retention and disposal of personal property surrendered by inmates of custodial facilities on their admission to the facilities, and authorizing the return of property on their being released from custody;

(u) respecting the disposal of unclaimed property or money found or left in custodial facilities;

(v) prohibiting the possession within a custodial facility of certain property and substances except with the approval of the facility head of the facility, and providing for the care of such property or substances that are deposited by persons entering the facility;

(w) respecting searches under subsection 43(1);

(x) respecting the seizure, care and disposal of property or substances for the purpose of subsection 43(2);

(y) respecting the temporary release from custody of inmates who are young persons and the temporary absence from custodial facilities of inmates who are not young persons;

(z) respecting the operation of correctional activities established under subsection 13(2), including the levels of income or wages that inmates of custodial facilities may earn from work in the industries or businesses;

(aa) respecting the use by correctional officers employed in custodial facilities of force or equipment to maintain order in, and control of inmates of, the facilities and specifying the equipment the correctional officers may use for those purposes;

(bb) respecting visiting privileges of visitors to custodial facilities and the terms and conditions relating to those visitors;

(cc) permitting staff members, contractors, employees of contractors, and volunteers to provide, or allow access to, offender information to specified persons or for specified purposes, and respecting the manner and conditions under which the information may be provided or access to it may be allowed;

(dd) respecting any other matter or thing that the Lieutenant Governor in Council considers necessary or advisable for the fair and proper administration of this Act.

Differentiation in regulations and rules

59(2)     Regulations and rules authorized to be made under this Act may be made to apply to, or to differentiate between, offenders of different classes to comply with the principle enunciated in clause 2(2)(f).

PART 5

REPEAL, C.C.S.M. REFERENCE, COMING INTO FORCE

Repeal

60        The Corrections Act, R.S.M. 1988, c. C230, is repealed.

C.C.S.M. reference

61        This Act may be referred to as chapter C230 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

62        This Act comes into force on a day fixed by proclamation.