Ministry of Correctional Services Amendment Act, 2003 Sampson, Rob — Bill 50 (37th Parliament, 4th Session)

Bill 50, 37-4

Ontario — Bills

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Bill 50, Ministry of Correctional Services Amendment Act, 2003

Sampson, Rob

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[37] Bill 50 Original (PDF)

Bill 50 2003

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, 2003 .

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 in 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

May 22, 2003

First Reading

Carried

Debates and Progress

First Reading

May

22, 2003

Second Reading

Committee

Third Reading

Royal Assent :

Coming into force :Royal Assent.

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Document details

Collection	Ontario — Bills
Citation	Bill 50, 37-4
Type	bill
Volume / chapter	p37 s4 bill 50 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	21e90de8bc7053ca361afcccc0888c02c4f04c42

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