Ministry of Correctional Services Amendment Act, 2002 Sampson, Rob — Bill 237 (37th Parliament, 3rd Session)

Bill 237, 37-3

Ontario — Bills

role="main" class="main-container container js-quickedit-main-content" id="main-content">

Bill 237, Ministry of Correctional Services Amendment Act, 2002

Sampson, Rob

Please select

View bill

Status

Debates

Original

[37] Bill 237 Original (PDF)

Bill 237 2002

An Act to amend the

Ministry of Correctional

Services Act

Her Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:

1. The Ministry of Correctional Services Act

is amended by adding the following section:

Work or training programs

24.1

(1) The director or

superintendent of a correctional institution may establish programs for

inmates or groups of inmates of the institution to work on projects according

to their qualifications and skills or to receive the training that is

necessary to acquire the qualifications and skills required to perform the

work.

Terms of programs

(2) The programs shall involve work or training on the terms

and conditions that the director or superintendent specifies and at the

location that,

(

a) the director or superintendent specifies, if the location is inside

the correctional institution;

(

b) the Minister authorizes for a work project or rehabilitation program

under

section 26, if the location is outside the correctional

institution.

Determination of participation

(3) If a work or training program is established under

subsection (1) and an inmate of a correctional institution participates in it

at any time during the period of the inmate's confinement in the institution,

the director or superintendent of the institution shall determine to what

extent the inmate has participated in the program.

2. (1) Subsection 28 (1) of the Act, as

amended by the Statutes of Ontario, 2002,

chapter 18,

Schedule N,

section 31,

is amended by adding at the beginning "Subject to subsection

(1.1)".

(2) Section 28 of the Act, as amended by the Statutes

of Ontario, 2002,

chapter 18,

Schedule N,

section 31, is amended by adding

the following subsection:

Exception

(1.1) Despite the regulations, an inmate of a correctional

institution shall not be credited with remission of a sentence in respect of

any day on which the inmate refuses, for a reason that the director or

superintendent of the institution determines is invalid, to participate in a

work or training program described in subsection 24.1 (1) that is available

to the inmate.

Section 35 of the Act, as amended by the Statutes of

Ontario, 2002,

chapter 18,

Schedule N,

section 35, is amended by adding the

following subsection:

Work or training programs

(3) In determining whether to order the release from custody on

parole of an inmate of a correctional institution, the Board shall consider,

in addition to the criteria for the granting of parole set out in the

regulations, whether the inmate has refused, for a reason that the director

or superintendent of the institution determines is invalid, to participate in

a work or training program described in subsection 24.1 (1) that was

available to the inmate.

Section 60 of the Act, as amended by the Statutes of

Ontario, 1997,

chapter 17,

section 7, 1997,

chapter 39,

section 10, 2000,

chapter 40,

section 18, 2002,

chapter 12,

section 2 and 2002,

chapter 18,

Schedule N,

section 56, is amended by adding the following

subsections:

Fee for cost of confinement

(4.1) The fees and charges imposed by the Minister may include

a fee that an inmate or a member of a class of inmates is required to pay to

the Minister upon release from a correctional institution to cover the cost

incurred by the Ministry, up to a maximum amount that the Minister specifies,

in having confined the inmate in the institution for the period of

confinement.

Reduction of fee

(4.2) The Minister shall reduce the amount of the fee described

in subsection (4.1) that an inmate is required to pay by an amount that is

proportionate to the extent to which the inmate participated fully in a work

or training program described in subsection 24.1 (1) during the period of the

inmate's confinement for which the program was available to the inmate.

Extent of inmate's participation

(4.3) The Minister shall determine the extent of the inmate's

participation mentioned in subsection (4.2) based on the determination that a

director or superintendent of a correctional institution is required to make

under subsection 24.1 (3).

Commencement

5. This Act comes into force on the day it receives

Royal Assent.

Short title

6. The

short title of this Act is the Ministry of

Correctional Services Amendment Act, 2002 .

EXPLANATORY NOTE

The Bill amends the Ministry of Correctional Services Act to

allow the director or superintendent of a correctional institution to

establish work or training programs for inmates or groups of inmates of the

institution. If an inmate participates a work or training program at any time

during the period of the inmate's confinement in the institution, the

director or superintendent of the institution shall determine to what extent

the inmate has participated in the program.

If the director or superintendent of a correctional institution determines

that an inmate has refused to participate in a work or training program for

an invalid reason, the inmate shall not be credited with remission of a

sentence in respect of any day to which the refusal relates. In addition, the

Ontario Parole and Earned Release Board is required to consider that refusal

in determining whether to order that the inmate be released from custody on

parole.

At present, the Act authorizes the Minister of Public Safety and Security

to impose fees to recover costs that the Ministry incurs. The Bill allows the

Minister, as part of those fees, to impose a fee on an inmate who is released

from a correctional institution to cover the Ministry's costs of having

confined the inmate in the institution. The Minister must reduce the amount

of a fee payable by an amount that is proportionate to the extent to which

the inmate participated fully in a work or training program, as the Minister

determines, during the period of the inmate's confinement.

Date Bill stage Activity Committee

December 12, 2002

First Reading

Carried

Debates and Progress

First Reading

December

12, 2002

Second Reading

Committee

Third Reading

Royal Assent :

Coming into force :Royal Assent.

Was this page helpful? Yes , I found this page helpful. An optional survey will open in a new tab. No , I didn’t find this page helpful. An optional survey will open in a new tab.

Back to top

Document details

Collection	Ontario — Bills
Citation	Bill 237, 37-3
Type	bill
Volume / chapter	p37 s3 bill 237 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	08ea47296e70646e62b8262f16ce22ab606953d0

Source file is stored in the law ingest library (html).