Bill 58 — Second Session, 27Th Legislature, 58 Elizabeth Ii the Legislative Assembly of Alberta Bill 58 Corrections Amendment Act, 2009 (Legislature 27, Session 2)

L27 S2 1588

Alberta — Bills

2009 Bill 58 Second Session, 27th Legislature, 58 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 58 CORRECTIONS AMENDMENT ACT, 2009 MR. GRIFFITHS First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Third Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 Bill 58 Mr. Griffiths BILL 58 2009 CORRECTIONS AMENDMENT ACT, 2009 ( A s s e n t e d t o , 2 0 0 9 ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Amends RSA 2000 cC-29 1 The Corrections Act is amended by this Act. 2

Section 1 is amended by adding the following after clause (d): (d.1) “inmate communication” means communication made by oral, written or electronic means between an inmate and any other person, but does not include a privileged communication as specified in the regulations; 3

Section 14.4 is repealed and the following is substituted: Monitoring and recording inmate communication 14.4(1) Subject to the regulations, the director of a correctional institution may direct that inmate communication initiated by or received by an inmate may be recorded by electronic or other means.

(2) The director of a correctional institution may restrict or monitor inmate communication where the director believes on reasonable grounds (

a) that the inmate communication contains or will contain evidence of

1 Explanatory Notes Explanatory Notes 1 Amends

chapter C-29 of the Revised Statutes of Alberta 2000. 2 Adds definition. 3

Section 14.4 presently reads: 14.4(1) Subject to the regulations, the director of a correctional institution may direct that telephone calls made by or received by an inmate be electronically monitored or recorded where the director believes on reasonable grounds (

a) that the telephone calls contain or will contain evidence of (

i) an act that would jeopardize the security of the institution or the safety of any person, or (ii) a criminal offence or a pl an to commit a criminal offence,

2 (

i) an act that would jeop ardize the security of the institution or the safety of any persons, or (ii) a criminal offence or a plan to commit a criminal offence, (

b) that the inmate communication is or will be made to a victim as defined in

section 14.3(1) or to another person who would be likely to consider the inmate communication intimidating or threatening, or (

c) that the monitoring of the inmate communication is otherwise necessary for the security of the institution or for the safety of inmates, staff or the public. 4 The heading to

Part 3 is amended by adding “and Earned Remission” after “Parole”. 5 The following is added after

section 26: Earned remission 26.1 An inmate who is serving a sentence for an offence under a provincial enactment or a municipal bylaw may be credited with earned remission in accordance with the regulations. 6

Section 33 is amended (

a) by repealing clause (k.2) a nd substituting the following: (k.2) governing the monitoring and recording of inmate communication and prescribing the procedures to be followed in implementing monitoring and recording of inmate communication; (k.3) specifying communications between an inmate and another person that are privileged communications; (k.4) respecting criteria that must be applied in determining whether an inmate communication is a privileged communication;

2 Explanatory Notes (

b) that the telephone calls are or will be made to a victim as defined in

section 14.3(1) or to another person who would be likely to consider the telephone calls intimidating or threatening, or (

c) that the monitoring or reco rding of the telephone calls is otherwise necessary for the security of the institution and for the safety of inmates or the public.

(2) Telephone calls that are or will be the subject of a privilege shall not be monitored or recorded. 4 Heading presently reads:

Part 3 Parole 5 Earned remission. 6

Section 33 presently reads in part: 33 The Lieutenant Governor in Council may make regulations (k.2) governing electronic moni toring and recording of inmate telephone calls and prescribing the procedures to be followed in implementing monitoring and recording; (aa) concerning the persons or cl asses of persons eligible to apply for parole and the portions, if any, of the terms of imprisonment that inmates must serve before parole may be granted; (bb) respecting the terms and conditions attached to parole;

3 (

b) by adding the following after clause (aa): (aa.1) respecting criteria for crediting earned remission; 7 This Act comes into force on Proclamation.

3 Explanatory Notes 7 Coming into force.

RECORD OF DEBATE Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Stage Date Member From To Questions and Comments From To Title: 2009 (27th, 2nd) Bill 58, Corrections Amendment Act, 2009

Document details

Collection	Alberta — Bills
Citation	L27 S2 1588
Type	bill
Volume / chapter	L27 S2 1588
Language	en
Format	json
Source	PROVINCIAL
Identifier	a1ced238bc2752b46868bff85de2d5d411307c19

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