Correctional Services Transformation Act, 2018 Lalonde, Hon. Marie-France Minister of Community Safety and Correctional Services — Bill 6 (41st Parliament, 3rd Session)

Bill 6, 41-3

Ontario — Bills

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Bill 6, Correctional Services Transformation Act, 2018

Lalonde, Hon. Marie-France Minister of Community Safety and Correctional Services

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Status

Debates

Acts affected

Original

As Amended by Standing Committee

Royal Assent

[41] Bill 6 Royal Assent (PDF)

EXPLANATORY

NOTE

This Explanatory Note was written as a

reader's aid to Bill 6 and does not form part of the law.

Bill 6 has been enacted as

Chapter 6 of the Statutes of Ontario, 2018.

The

Bill enacts or amends various Acts, repeals

an Act and revokes a regulation.

The major elements of the Bill are described below.

SCHEDULE

Ministry of Community Safety and Correctional Services Act, 2018

The

Schedule enacts the Ministry of Community Safety and

Correctional Services Act, 2018 .

The

Schedule continues the Ministry of Community Safety and Correctional Services

in a new Act. The duties and powers of the Minister are set out. The

Schedule

provides for the appointment of employees and delegations to them.

SCHEDULE

Correctional Services and Reintegration Act, 2018

The

Schedule enacts the Correctional Services and

Reintegration Act, 2018 .

Part

I (Purpose and

Interpretation)

Part

I sets out the purpose of the Ontario correctional system and the

definitions

used in the Act.

Part

II (Administration)

Part

II sets out the Minister's functions under the Act. It also includes the

Minister's powers to delegate and to enter into contracts or agreements.

The

rules respecting the collection, use and disclosure of personal information for

the purpose of discharging the Minister's functions, and for research purposes,

are set out.

Persons

providing volunteer services to the Ministry are required to serve under the

direction of an employee in the Ministry, a contractor or an employee of a

contractor.

Rules

respecting confidentiality, the disclosure of personal information and the

publication of policies and data are set out. The Minister is required to

conduct a review of the Act every five years.

The

Part also provides for the designation of correctional institutions. The units

within a correctional institution shall be assigned a security classification.

The Lieutenant Governor in Council appoints an Independent Regional Chair and

members of the review roster who serve as Disciplinary Hearings Officers or as

members of an Independent Review Panel. Liability protection for an Independent

Regional Chair, a Disciplinary Hearings Officer or a member of an Independent

Review Panel is set out, as well as protection from giving testimony, but this

does not relieve the Crown of any liability.

The

Minister establishes community advisory boards.

The

Minister designates one or more superintendents to be responsible for the

administration of each correctional institution. Their powers and duties are

set out.

Correctional

institutions may be designated in writing for use by a police services board as

a lock-up.

The

Minister may also designate facilities as community resource centres for the

rehabilitation and supervision of individuals under community supervision or

inmates in a community setting.

The

Part establishes a code of conduct for correctional services employees and sets

out training, standards and performance expectations. Rules respecting

conflicts of interest are also set out.

The

Lieutenant Governor in Council is required to establish a First Nations, Inuit

and Métis Advisory Committee to provide advice. The Minister and any person

employed in the administration of the Act are required to consider systemic and

individual circumstances for First Nations, Inuit or Métis individuals under

community supervision and inmates and to consider their unique needs and

circumstances when making a decision to limit their liberty.

Superintendents

are required to make available the services of a First Nations, Inuit or Métis

Elder or Spiritual Advisor and make available traditional First Nations, Inuit

and Métis healing services and supports.

The

Minister has the power to designate peace officers and appoint provincial

bailiffs. Liability protection for the Deputy Minister and other employees in

the Ministry is set out, but this does not relieve the Crown of any liability.

contractor providing correctional services is deemed to be a public sector body

for certain provisions of the Ombudsman Act relating

to the Ombudsman obtaining evidence.

Part

III (Admission of Inmates)

Part

III sets out the procedure for admitting inmates to a correctional institution.

Certain information must be provided to inmates on admission. Inmates shall be

assigned a security classification on admission and placed in a correctional

institution based on their classification and other criteria.

The

superintendent is required to conduct an initial assessment on newly admitted

inmates, along with a further assessment for certain inmates. These assessments

are used to develop a case management plan for the inmate. Provisions for

providing assistance upon the release of an inmate are also set out, including

provisions about when an inmate is released from custody at court.

Part

IV (Inmate Living Conditions and Standards)

Part

IV sets out the living conditions and standards that the superintendent is

required to provide. Cruel or inhumane treatment or punishment is prohibited.

Standards are established for peaceful assembly and association, religious and

spiritual programs, accommodation, food, clothing, hygiene, health care services

and other matters.

Part

V (Segregation and Restrictive Confinement)

Part

V sets out requirements with respect to segregation and restrictive

confinement. Inmates held in conditions that constitute segregation or

restrictive confinement retain all rights and privileges of inmates in general

population housing except those that can only be enjoyed in association with

other inmates.

Certain

inmates cannot be held in conditions that constitute segregation, including

inmates who are pregnant, chronically self-harming or suicidal or who have

mental disorders or intellectual disabilities. Inmates shall not be held in

conditions that constitute segregation for more than 15 consecutive days or for

more than 60 aggregate days in a 365-day period. The aggregate day maximum can

be exceeded if authorized by a decision of the Independent Review Panel. These

limits do not apply in prescribed correctional institutions.

Superintendents

may hold inmates in non-disciplinary segregation in certain exceptional cases

if all other options to manage the inmate have been exhausted. The

superintendent shall maintain a record of the options that were exhausted

before the inmate was held in those conditions. The superintendent shall also

conduct a preliminary review of the case within 24 hours after they are placed

in those conditions. Inmates being held in conditions that constitute

segregation for non-disciplinary reasons must be offered the opportunity at

regular intervals to associate with others.

Provisions

for regular visits by health care professionals to inmates held in conditions

that constitute segregation are provided. In particular, a member of the mental

health care service team must review and assess the inmate's mental health at

least once every five days.

referral must be made to the Independent Regional Chair to have a hearing

before an Independent Review Panel when an inmate has been held in conditions

that constitute segregation for non-disciplinary reasons for either five or 10

consecutive days, and, in a prescribed correctional institution in which the 15

consecutive days limit does not apply, every five days thereafter. A referral

must also be made for any inmate held in conditions that constitute segregation

when they reach 30 and 55 aggregate days of being held in those conditions.

Upon

receiving a referral, the Chair shall convene an Independent Review Panel to

review the inmate's case and determine whether it is reasonable to continue

holding the inmate in conditions that constitute segregation. The Panel can

also authorize a superintendent to continue to hold an inmate past the limit of

60 aggregate days in a 365-day period.

review by the Independent Review Panel must occur when an inmate has been held

in conditions that constitute restrictive confinement that lasts more than 21.5

hours a day for five consecutive days.

the event of a conflict between

Part V and an order made under

Part IV of the Health Protection and Promotion Act , the order made under

Part IV of the Health Protection and Promotion Act

prevails.

Part

VI (Discipline)

Part

VI sets out requirements with respect to discipline. Restrictions on discipline

are set out, including the use of an instrument of restraint as punishment,

restrictions on food or water and the imposition of conditions that constitute

segregation if not in accordance with the Act.

Actions

that constitute inmate misconduct are set out. Correctional services employees

are to refer alleged misconduct to the superintendent. If the superintendent

determines that it is not serious misconduct, the superintendent conducts an

interview with the inmate and may impose certain disciplinary sanctions. The

superintendent's decisions may be appealed to the Minister.

allegation of serious misconduct shall be referred to a Disciplinary Hearings

Officer. The Officer conducts a hearing and may impose more significant

disciplinary measures if he or she determines that the inmate has committed

serious misconduct, including imposing conditions that constitute segregation

for no more than 15 consecutive days. The inmate may seek to have a decision of

the Officer reviewed by another Disciplinary Hearings Officer.

Part

VII (Operation of Correctional Institutions)

Part

VII provides for the operation of correctional institutions.

The

Minister is required to establish general programs, rehabilitation and work

programs. The superintendent may provide inmates an opportunity to participate

in programs, activities or work outside the correctional institution.

Superintendents

are required to establish and maintain a library. They are also required to

hold money for inmates to allow them to purchase items.

Provisions

respecting visitors are set out. The superintendent may impose conditions or

limitations on visitors.

Limits

on the use of force and of instruments of restraint are set out. Force used

shall be reasonable and not excessive, having regard to the nature of the

threat posed and all other circumstances of the case. Restraints may only be

used in accordance with the Act and the regulations. Limitations on the use of

restraints during and after labour and childbirth are set out.

The

Minister may make regulations establishing a complaints process for inmates and

for individuals under community supervision.

Provisions

for the authorization of temporary absences, remission and lockdowns are

provided. Provisions for notice in the case of serious illness, injury or death

are also set out.

Part

VIII (Searches)

Part

VIII sets out requirements with respect to searches.

Correctional

services employees are required to conduct routine non-intrusive searches when

inmates are admitted to or otherwise enter the institution. Other non-intrusive

searches may be conducted at different times.

Strip

searches may be authorized by the superintendent to be carried out at certain

times, such as when the inmate enters or leaves the institution. Strip searches

without authorization may be conducted if the delay required to obtain the

authorization would result in danger to the security of the institution or the

safety of persons or in the loss or destruction of contraband or evidence.

Records of searches must be created and retained.

Document details

Collection	Ontario — Bills
Citation	Bill 6, 41-3
Type	bill
Volume / chapter	p41 s3 bill 6 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	2192723afb8741cc41d5796a17542797e56100eb

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