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The Correctional Services Amendment Act

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S.M. 1999, c. 23

THE CORRECTIONAL SERVICES AMENDMENT ACT


 

(Assented to July 14, 1999)

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

S.M. 1998, c. 47 amended

1         The Correctional Services Act is amended by this Act.

2(1)      Clause (a) of the definition "correctional officer" in section 1 of the English version is amended by striking out "provision, of " and substituting "provision of,".

2(2)      Clause (c) of the definition "offender" in section 1 of the English version is amended by striking out "who".

3         Subsection 3(3) of the English version is amended by striking out "admitted to" and substituting "admitted to,".

4         Section 5 is amended by striking out "an appropriate staff member" and substituting "one or more appropriate staff members".

5(1)      Subsection 7(1) is amended by striking out "as to education, training, criminal record and" and substituting "established by the commissioner as to education, training, criminal record and any".

5(2)      Subsection 7(2) is amended by striking out "as to education, training, criminal record and" and substituting "established by the commissioner as to education, training, criminal record and any".

6         Section 11 is amended by striking out "in accordance with" in the part before clause (a) and substituting "subject to".

7         Subsection 12(2) is amended in the part preceding clause (a) by striking out ", in accordance with the regulations,".

8         Subsection 16(1) of the English version is amended by striking out "offender" and substituting "inmate".

9(1)      Subsection 17(2) is amended by striking out ''as to education, training, criminal record and" and substituting "established by the commissioner as to education, training, criminal record and any".

9(2)      Subsection 17(4) is amended by striking out "paid honorariums or their out of pocket expenses at prescribed rates" and substituting "reimbursed for expenses at rates applicable to the reimbursement of expenses for members of the civil service, and they may be paid honorariums as approved by the commissioner".

10(1)     Subsection 19(1) is amended by adding "cause or permit" before "research".

10(2)     Subsection 19(3) is amended by striking out ", and subject to the restrictions imposed by, the" and substituting "any applicable".

11        The section heading for section 20 is amended by striking out "supervision" and substituting "probation".

12        Subsection 25(2) is amended in the part after clause (b) by striking out "prescribed procedures and is subject to prescribed sanctions" and substituting "the regulations".

13        The section heading for section 29 of the English version is amended by striking out "serving sentence" and substituting "custody".

14        Subsection 33(2) is repealed and the following is substituted:

Surrendered property

33(2)     Personal property, other than money, surrendered under subsection (1) shall be dealt with, retained, disposed of or returned to the inmate in accordance with the regulations.

15        Section 39 is amended by striking out "prescribed amounts" and substituting "accordance with the regulations".

16(1)     Subsection 41(1) is amended by striking out "In accordance with and subject" and substituting "Subject".

16(2)     Subsection 41(2) is amended by striking out "In accordance with and subject to the regulations, the" and substituting "The".

17        Subsection 42(2) is amended by striking out "the location, movements, activities or communications of an inmate of the facility" and substituting "an inmate's location, movements, activities or communications outside the facility".

18        Section 47 is renumbered as subsection 47(2) and the following is added as subsection 47(1):

Remission

47(1)     An inmate of a custodial facility serving a sentence for an offence under a provincial enactment shall be credited with remission and is liable to forfeiture of remission on the same bases and to the same extent as an inmate of the facility to whom the Prisons and Reformatories Act (Canada) applies.

19(1)     Subsection 49(1) of the English version is amended by striking out ""visitor"," and substituting ", "visitor"".

19(2)     Subsection 49(2) is amended by repealing the part before clause (a) and substituting "Subject to the regulations, the facility head of a custodial facility may permit visitors to enter or be within the facility for the purpose of".

19(3)     Clause 49(4)(b) is amended by striking out "the regulations or".

20        Clause 50(a) of the English version is amended by adding "a custodial facility" at the end.

21        Clause 54(4)(d) is amended by striking out "the procedures prescribed for hearings under this section" and substituting "procedures established by regulation or by the adjudicator consistent with the regulations".

22(1)     Subsections 56(1) and (2) are repealed and the following is substituted:

Offence re information

56(1)     Subject to subsections (3) to (5), no staff member, volunteer, contractor or employee of a contractor shall knowingly

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

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

(c) use 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) or the Young Offenders Act (Canada) or as permitted by The Freedom of Information and Protection of Privacy Act.

22(2)     Subsection 56(7) of the English version is amended by striking out "inconsistant" and substituting "inconsistent".

23        Clause 57(b) of the English version is amended by striking out "correctional" and substituting "custodial".

24        Subsection 59(1) is amended

(a) in clause (a), by striking out "naming and describing" and substituting "naming or describing";

(b) by repealing clause (d) and substituting the following:

(d) prescribing qualifications for the purpose of section 7;

(d.1) prescribing fees for training courses offered under section 10;

(c) by repealing clause (j) and substituting the following:

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

(d) by repealing clause (k) and substituting the following:

(k) respecting investigations, inquiries, reviews, inspections and research authorized under section 19;

(e) by repealing clause (q);

(f) in clause (y), by striking out "the temporary release from custody of inmates who are young persons and";

(g) by repealing clause (z);

(h) by adding the following after clause (z):

(z.1) respecting restrictions or limitations imposed under subsection 41(1) and the placement of inmates in protective or preventive segregation;

(z.2) respecting supervision and discipline of inmates;

(i) by repealing clause (cc).

Coming into force

25        This Act comes into force on the day it receives royal assent.