|This is an unofficial archived version of The Corrections Act|
as enacted by SM 1988-89, c. 1 on October 19, 1988.
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R.S.M. 1988, c. C230
The Corrections Act
|Table of Contents|
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"correctional institution" means any building, correctional camp, rehabilitation camp, reformatory, forensic clinic, work site, gaol or place for the reception and lawful custody of inmates; ("établissement de correction")
"court" means any court of competent jurisdiction within the province; ("tribunal")
"director" means a person designated by the minister from among persons employed by the government under the minister for the purpose of the administration of any provision of this Act; ("directeur")
"forensic clinic" means any place or facility for the reception, diagnosis, classification and treatment of persons charged with an offence or sentenced to imprisonment, in order to determine, recommend and provide the best course of treatment for the antisocial behaviour of such persons; ("clinique de médecine légale")
"inmate" means a person who is sentenced to imprisonment or lawfully detained at a correctional institution; ("détenu")
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; ("ministre")
"peace officer" includes a police officer, police constable, or other person employed for the preservation and maintenance of the public peace; ("agent de la paix")
"probation officer" includes an honorary probation officer; ("agent de probation")
"superintendent" means a person in charge of a correctional institution. ("surintendant")
A chief probation officer and such other probation officers and employees as may be required to carry out the provisions of this Part may be appointed or employed as provided in The Civil Service Act.
Notwithstanding subsection (1), the minister may designate certain persons or classes of persons to act as probation officers or honorary probation officers, with power to act in that capacity at any place within the province, for such duration and upon such terms and conditions, and with such remuneration, as the minister may consider necessary.
A probation officer under this Act,
(a) is a probation officer in and for the Province of Manitoba;
(b) is an officer of every court;
(c) shall prepare and submit to a court such reports as may be ordered by the court;
(d) for the purposes of performing and discharging his duties as a probation officer, has the powers of a peace officer; and
(e) where appointed a parole supervisor under the Parole Act (Canada) is, ex officio, a peace officer under the jurisdiction of the province.
For the purpose of giving effect to the relevant sections of The Criminal Code, The Young Offenders Act (Canada) and The Summary Convictions Act a probation officer may be designated by a court for the purpose of supervising a person placed on probation as provided by law.
A probation officer charged with the supervision of a person on whom the passing of sentence was suspended shall report to the court if the person fails to carry out the terms on which the passing of sentence was suspended.
The minister may establish correctional institutions or designate any building and the land adjoining that building, or any part thereof, or any enclosure, or any rehabilitation camp, or work site, or reformatory, or forensic clinic to be a correctional institution in and for the province.
The minister may, by order, provide for the establishment, maintenance and operation of
(a) mobile correctional camps and work sites connected therewith;
(b) forensic clinics; and
(c) public or private hostels for adult probationers.
Such officers and other employees as may be required for the maintenance and operation of correctional institutions and for the treatment of inmates may be appointed as provided in The Civil Service Act.
In addition to such officers and employees as may be employed under subsection (1), the minister may also retain such specialized persons as, in his opinion, he considers necessary to isolate, identify, classify, and treat the cause of antisocial behaviour and criminal conduct of inmates through the appropriate use of psychiatric, psychological, and social-work techniques and vocational and academic education, religion, industry, and recreational services in an effort to enhance an inmate's ability to meet and overcome the recurring problems of everyday life.
A person who is sentenced to imprisonment in any of the correctional institutions of the province may be required or directed by the superintendent to work or perform duties within or outside the limits of the institution in which he is imprisoned.
Subject to such terms and conditions as he may consider advisable, the minister or a person delegated by him may establish a program under which a person sentenced to or serving a sentence in a correctional institution may be allowed to
(a) obtain employment;
(b) resume employment;
(c) resume the conduct of the person's own business or other self-employment, including housekeeping and attending the needs of the person's family;
(d) attend an educational or rehabilitative institution;
(e) undergo medical treatment or hospitalization.
Every inmate who is employed or required to perform any duties under subsection (1) or who is permitted to do any of the things mentioned in subsection (2), is subject to the rules and regulations and the discipline applicable to the correctional institution in which he is imprisoned.
Every street, highway, or public thoroughfare on which inmates pass in going to or returning from their work and every place where they are employed or undergoing vocational, rehabilitative or other treatment or training is, for the purposes of this Act, except section 56 a part of the correctional institution in which such inmates are confined.
A person sentenced to a correctional institution may be allowed to leave the institution under the provisions of this section, with or without escort.
Every person sentenced to imprisonment to a correctional institution is entitled to earn a remission of a portion of the time to which he is sentenced and is liable to forfeiture of such remission as provided in the Prisons and Reformatories Act (Canada).
The minister or any person acting under his authority may, where this appears to be necessary, direct that
(a) any inmate of a correctional institution be removed to a hospital or other medical centre for medical, surgical or other treatment; and
(b) that the inmate be returned from the hospital or other medical centre, as the case may be to the correctional institution from which he was removed.
The superintendent of a correctional institution or a person acting under the authority of the superintendent may require an inmate to undergo such medical or physical examination, or both, as may be necessary to determine whether or not the inmate is suffering from any disease which is likely to endanger the health of the inmate or the health of any other inmate or person at the correctional institution.
Where under subsection (1), the superintendent of a correctional institution requires an inmate to undergo a medical or physical examination, the examination may be carried out
(a) by a duly qualified medical practitioner; or
(b) by a duly qualified public health nurse; or
(c) by such other medical or public health officer authorized for the purpose by the minister.
The removal of an inmate from a correctional institution to a hospital under section 9 does not operate as a discharge of the inmate; but he shall be deemed to be still under the custody of the superintendent of the correctional institution from which he was removed.
Where an inmate from a correctional institution is removed to a hospital under section 9, the superintendent of the institution from which he was removed and such other persons as may be designated by the superintendent, have a right of access at all times to the inmate; and the superintendent, where he considers it necessary, may place a person in charge of the inmate at the hospital to which he is removed.
The time spent by an inmate in a hospital shall be counted as part of the sentence for which he was committed at the institution.
Except in the case of an inmate whose sentence expires while he is in a hospital, an inmate removed to a hospital, but who leaves the hospital without lawful authority, shall be deemed to have escaped from the institution to which he was committed.
The time that elapses between the time of escape from lawful custody and the time of arrest of an inmate shall not be counted as part of the sentence for which the inmate was sentenced.
Any peace officer having the custody of a person sentenced to imprisonment in, or committed to, a correctional institution, may detain that person in a correctional institution in the district in which he was sentenced; or in any other place provided for the lawful custody of prisoners, until someone lawfully authorized in that behalf requires the person's delivery for the purpose of being conveyed to the correctional institution to which he is sentenced or committed.
The minister or any person acting under his authority may, in writing, direct the removal of an inmate undergoing imprisonment or a person charged with an offence and held in custody at a correctional institution, to any other correctional institution in the province, whenever he deems it expedient to do so.
The minister or any person acting under his authority may, notwithstanding that an inmate has been committed to serve his sentence in a particular correctional institution order that the inmate serve his sentence in any other correctional institution in the province.
The director, subject to the approval of the minister, or deputy minister, may furnish an inmate, upon his discharge from a correctional institution, with transportation to his home or to any other reasonable destination, a suitable outfit of clothing, and a discharge allowance; and the cost of such transportation, clothing, and allowance shall be paid from and out of any funds appropriated by the Legislature for the maintenance and operation of correctional institutions.
Every municipality and every city in this province is liable to the province for the cost of transportation, maintenance, and care of persons committed to any of the correctional institutions of the province for the infraction of, or pursuant to any by-law of such municipality or city made and passed under The Municipal Act or the charter of the city.
The cost of transportation, maintenance and care for the purposes of subsection (1) shall be at such rate per day as the minister may prescribe.
Where there is no correctional institution within reasonable proximity of the place of employment of an inmate participating in a program established under section 7, the minister may, if he considers it desirable, designate a place to be a correctional institution or he may enter into an agreement with any person for housing participants in any such program.
Every inmate of a correctional institution who participates in a program established under section 7 continues to be subject to the rules and regulations of the institution to which he was committed; and if he fails to return to the institution as required under the program, he may be apprehended with or without warrant by a peace officer and returned to the correctional institution where he was confined.
Where an inmate is employed under a program established under section 7, the minister may issue an order to the employer of the inmate requiring the employer to forward the total earnings of the inmate less deductions required by law to the superintendent of the correctional institution.
A superintendent shall disburse the moneys received by him under subsection (1) in the following order of priority:
(a) Deduct the cost of food, lodging and clothing of the inmate.
(b) Pay any actual necessary cost of food and travel expenses of the inmate.
(c) Pay towards the maintenance and support of the inmate's dependent such sum as may be directed by the minister.
(d) Credit any balance remaining to the account of the inmate to be paid to him upon his discharge from the correctional institution.
Notwithstanding subsection (2), the minister may waive or vary the manner of disbursing the earnings of an inmate received by the superintendent in any way that the minister considers necessary.
A superintendent, receiving money under subsection (2) shall keep proper records of the receipt and disbursement thereof, and render an accounting thereof to the inmate upon his release.
The Lieutenant Governor in Council may establish a Parole Board consisting of the director, and not more than four other persons.
The Lieutenant Governor in Council shall name one of the members of the Parole Board as chairman thereof.
Where, because of illness, incapacity, absence, or any other reason the chairman is unable to preside over meetings of the Parole Board, the remaining members of the Board shall appoint an acting chairman from among themselves.
The members of the Parole Board other than the director, shall hold office at the pleasure of the Lieutenant Governor in Council.
Three members of the Parole Board constitutes a quorum thereof for the transaction of business.
The superintendent of a correctional institution to which a person is sentenced may recommend to the Parole Board inmates who, in his opinion, will benefit from parole.
An inmate or any person acting on his behalf may apply to the Parole Board for parole.
Upon receiving a recommendation from a superintendent under subsection (1) or an application under subsection (2), the Parole Board shall examine the pertinent circumstances concerning the inmate affected, including the length of sentence and such part thereof that remains to be served by the inmate with a view to determining whether or not the board is satisfied that the inmate should be released on parole.
Notwithstanding anything contained in this section the Parole Board may review whenever it deems advisable the case of any inmate and may place on parole any such inmate who appears to the Parole Board to be suitable for parole.
The Parole Board may, subject to the provisions of any Act of Canada and of this Act, direct under the hand of the chairman the release on parole of an inmate; and the superintendent shall upon receipt of such written direction release the inmate on parole.
The Parole Board shall prescribe the terms and conditions of parole to be observed and carried out by an inmate released under subsection (1); and the paroled inmate may be placed under the supervision of a probation officer designated by the director or under the supervision of an honorary probation officer designated under subsection 2(2).
The sentence of a paroled inmate continues in force and effect until the expiration thereof according to law.
The chairman of the Parole Board or any person designated by the Parole Board may, by a warrant in writing signed by him, suspend any parole and authorize the apprehension of a paroled inmate whenever the Parole Board is satisfied the person paroled
(a) has committed a breach of any term or condition of his parole; or
(b) is convicted of an offence under an Act of the Legislature or of Canada or any regulations made under any of those Acts, while on parole.
A warrant issued under subsection (1) constitutes the authority and direction to any and every peace officer in the province to forthwith apprehend the paroled inmate named in the warrant and return him to the designated correctional institution.
A paroled inmate apprehended under a warrant issued under this section shall be returned to the nearest correctional institution.
The Parole Board shall, as soon as is reasonably possible after the inmate's return to the correctional institution under subsection (3), review the case and shall
(a) cancel the suspension;
(b) revoke the parole; or
(c) allow the suspension to remain in effect.
An inmate who has been returned to a correctional institution by virtue of this section shall be deemed to be serving his sentence.
Where the parole granted to an inmate is revoked he shall serve the portion of his original term of imprisonment that remained unexpired at the time of his release on parole.
Where the Parole Board cancels the suspension of parole, the inmate shall, subject to subsection 26(1), resume parole on the same terms and conditions in force prior to his apprehension.
The Parole Board may change or vary the terms and conditions of the parole.
The National Parole Board established under the Parole Act (Canada) is authorized to exercise within Manitoba the additional jurisdiction described in subsection 7(1) of the Parole Act (Canada).
A judge of the Court of Appeal, the Court of Queen's Bench or the Provincial Court, a magistrate, and a member of the Legislative Assembly shall, at any time, be permitted to visit any correctional institution.
On the invitation of the inmate, a clergyman may visit an inmate of any correctional institution where he is lawfully detained on such days and at such times as may be arranged with the superintendent.
Any person considered by the director or the superintendent to be a fit and proper person may be permitted to visit an inmate at the correctional institution at such times and on such days as the director may decide.
The minister or any person acting under his authority may, at any time, enter any correctional institution and shall have access to every part thereof and to every person confined therein, and may
(a) examine all papers, documents, vouchers, records, books, and other things belonging thereto;
(b) investigate the conduct of any officer or employee employed in and about a correctional institution or of any person found within the premises appurtenant thereto;
(c) interrogate any person confined therein;
(d) summon any person before him by order under his hand and examine that person under oath touching any matter relating to any breach of the rules of a correctional institution, or any matter affecting the interest of such institution; or
(e) by the same or like order, compel the production of books, papers and writings before him.
Where the buildings owned and operated by the government for the purposes of this Act are under the control of the member of the Executive Council charged with the administration of government buildings, he shall keep them in repair and provide such furniture and furnishings as may be necessary.
The superintendent of a correctional institution is the chief executive officer thereof under the direction of the director and has the entire execution, control and management of all the affairs of the correctional institution of which he is in charge, and is responsible for the faithful and efficient administration thereof.
For the purposes of this Act, a superintendent of a correctional institution or any person acting under his authority is a peace officer and may
(a) without warrant, summarily arrest a person found committing any act within the correctional institution or the grounds connected therewith, against any law in force in the province; or
(b) without a warrant, summarily arrest a person who is found unlawfully wandering or loitering about the premises of a correctional institution and who, upon request, refuses to leave the premises; or
(c) bring or cause to be brought any person under clause (a) or clause (b) before a court of competent jurisdiction to be dealt with according to law.
Subject to the provisions of The Civil Service Act, the superintendent may summarily suspend any officer or employee of a correctional institution for misconduct or other cause that, in his opinion, warrants such action, until the circumstances of the case have been reported to and decided by the Lieutenant Governor in Council; and the superintendent may, in the meantime cause any officer or employee so suspended to be removed beyond the premises appurtenant to the correctional institution; and the superintendent may recommend the removal of any officer or employee whom he finds incapable, inefficient or negligent, in the execution and performance of his duty or whose presence in a correctional institution he considers injurious to the interests thereof; and the salary or other remuneration of every officer or employee so suspended shall cease during the period of suspension.
Any person, including any officer or employee of any correctional institution who, without lawful authority,
(a) gives or in any way conveys to an inmate any article or thing not allowed by the rules of the correctional institution to be so given or conveyed;
(b) leaves any such article anywhere with intent that an inmate shall be able to obtain it;
(c) does any other act with intent that an inmate may obtain any such article;
(d) takes or receives or carries out, from any inmate for any purpose, any article not allowed by the rules of the correctional institution to be so taken, received or carried out;
(e) buys from or sells to or for an inmate anything whatsoever;
(f) takes or receives for his own use, or for the use of any other person, any fee or gratuity from an inmate or visitor;
(g) employs an inmate in work for the personal benefit of himself; or
(h) endeavours to do, or knowingly allows to be done, any of the acts in this section mentioned;
is guilty of an offence and liable to a fine not exceeding $100. or to imprisonment for a term not exceeding three months.
Every person, who, without lawful authority,
(a) is found trespassing upon any grounds, buildings, yards, offices or other premises whatsoever appertaining to or forming part of a correctional institution; or
(b) not being an officer or employee of a correctional institution is found loitering near the correctional institution;
is guilty of an offence and liable to a fine not exceeding $100., or to imprisonment for a term not exceeding three months.
Every person who violates any provision of this Act or the regulations made thereunder is guilty of an offence and is liable to a fine not exceeding $100. or to imprisonment for a term not exceeding three months.
Subject to the approval of the director, the superintendent may establish rules and orders respecting
(a) the conduct and duties of the officers and employees of a correctional institution;
(b) the conduct and discipline of inmates of correctional institutions; and
(c) such other matters and things that are necessary for the maintenance of order and good government of correctional institutions.
No action lies or shall be instituted against any person whether in his public or private capacity, where such person is acting under the authority of this Act or the regulations for any loss or damage suffered by any person by reason of anything done by him in good faith, or omitted to be done by him in the exercise of the powers given to him by this Act or the regulations.
Subsection (1) does not apply where the person in exercising any of the powers given to him under this Act or the regulations is negligent in the performance thereof.
For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make regulations as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by this section has the force of law; and without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations respecting
(a) the inspection, management, internal economy, proper security, order, and government, of correctional institutions;
(b) the conduct and duties of the officers and employees of correctional institutions;
(c) the enforcement of order and discipline among inmates confined at correctional institutions;
(d) allowances and any other remuneration of inmates confined at correctional institutions or treatment centres, or required to work or undergo vocational or other rehabilitative treatment and training outside the limits of correctional institutions;
(e) vocational and other rehabilitative treatment and training and education of inmates confined at correctional institutions;
(f) forms to be used under this Act;
(g) training of staff and personnel;
(h) the general welfare and care of inmates confined at a correctional institution;
(i) any of the things mentioned in clause 5(2)(c);
(j) all other matters and things necessary for the maintenance of order and good government of correctional institutions.