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ontario regulation 363/19

made under the

Ministry of Correctional Services Act

Made: October 25, 2019
Filed: November 1, 2019
Published on e-Laws: November 1, 2019
Printed in The Ontario Gazette: November 16, 2019

Amending Reg. 778 of R.R.O. 1990

(GENERAL)

1. Section 26 of Regulation 778 of the Revised Regulations of Ontario, 1990 is amended by striking out “placed in segregation” and substituting “held in segregation conditions”.

2. Paragraphs 1 and 2 of subsection 32 (2) of the Regulation are revoked and the following substituted:

1. Disciplinary segregation for a definite period of not greater than 15 days.

2. Disciplinary segregation for an indefinite period of not greater than 15 days.

3. Section 34 of the Regulation is revoked and the following substituted:

Segregation

34. (1) The Superintendent may hold an inmate in segregation conditions if,

(a) in the opinion of the Superintendent, the inmate is in need of protection;

(b) in the opinion of the Superintendent, the inmate must be held in segregation conditions to protect the security of the institution or the safety of other inmates;

(c) the inmate is alleged to have committed a misconduct of a serious nature; or

(d) the inmate requests to be held in segregation conditions.

(2) An inmate who is held in segregation conditions under this section retains, as far as practicable, the same benefits and privileges as if the inmate were not held in segregation conditions.

34.0.1 (1) The Superintendent shall,

(a) conduct a preliminary review of the case of an inmate who is held in segregation conditions under subsection 34 (1) within twenty-four hours after the holding of the inmate in segregation conditions commenced; and

(b) release the inmate from being held in segregation conditions if the Superintendent is of the opinion that continuing to hold the inmate in segregation conditions is not warranted.

(2) The Minister shall,

(a) review the circumstances of each inmate held in segregation conditions under subsection 34 (1) no later than,

(i) the fifth consecutive day the inmate is held in such conditions, and

(ii) each fifth consecutive day the inmate is held in such conditions following the day on which a review is held under this section; and

(b) order that the inmate be released from being held in segregation conditions, if the Minister is of the opinion that continuing to hold the inmate in segregation conditions is not warranted.

(3) If the Minister has delegated the Minister’s functions under subsection (2), the person delegated to shall report to the Minister the reasons for continuing to hold an inmate in segregation conditions no later than the 15th consecutive day the inmate is held in such conditions.

34.0.2 (1) A delegation of the Minister’s functions under subsection 34.0.1 (2) shall comply with the following rules:

1. The person delegated to must not be a Superintendent or someone who reports directly or indirectly to a Superintendent.

2. The delegation may be subject to such limitations, restrictions, conditions and requirements as the Minister may set out in the delegation.

3. The functions shall not be exercised by anyone who was involved in,

i. the Superintendent’s decision to hold the inmate in segregation conditions under subsection 34 (1), or

ii. the Superintendent’s preliminary review of the case of the inmate under subsection 34.0.1 (1).

(2) The Minister may delegate the Minister’s function of receiving reports under subsection 34.0.1 (3) to the Deputy Minister, subject to such limitations, restrictions, conditions and requirements as the Minister may set out in the delegation.

4. Section 43 of the Regulation is revoked and the following substituted:

43. (1) Where an inmate is serving a term of imprisonment of six months or more, the Board shall consider the inmate for parole before the parole eligibility date.

(2) The Board shall consider the inmate for parole whether or not the inmate has applied for parole, unless the inmate waives in writing being considered for parole.

(3) The inmate may withdraw the waiver, and if they do so, the Board shall proceed on a reasonable timeline to consider the inmate for parole.

43.1 (1) An inmate who is being considered for parole under section 43 is entitled to a hearing.

(2) The inmate may waive in writing their entitlement to a hearing, and if they do so, the Board is not required to hold a hearing.

(3) The inmate may withdraw the waiver before the Board makes a decision regarding the parole, and if they do so, the Board shall proceed to conduct a hearing.

Commencement

5. This Regulation comes into force on the day it is filed.

 

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