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AR 205/2001 CORRECTIONAL INSTITUTION REGULATION

(Consolidated up to 40/2016)

ALBERTA REGULATION 205/2001

Corrections Act

CORRECTIONAL INSTITUTION REGULATION

Table of Contents

                1      Interpretation

Part 1
General Administration

                2      Acting in place of the Director

                3      Uniforms

                4      Meals

                5      Use of materials, etc.

                6      Investigation of complaint re employee

                7      Dealing with inmates

                8      Transfer of inmate

             8.1      Temporary absence authorization

                9      Classification process, additional purpose

Part 2
Inmates

             9.1      Security classification and assessment processes

              10      Searches

              11      Clothing

              12      Personal articles

              13      Personal health articles

              14      Medical examination

              15      Duties

              18      Death of inmate

              19      Mental condition of inmate

              20      Communication of imprisonment

              21      Persons awaiting trial, etc.

              22      Visits

              23      Confiscation of articles, etc.

              24      Restrictions re publications

              25      Searches re persons and vehicles

              26      Exercise of inmate

              27      Rules

              28      Inmate Advisory Committee

              29      Canteen

              30      Inmate Welfare Trust Fund

              31      Inmate communication systems

           31.1      Identifiers of institution

           31.2      Privileged communications

           31.3      Notice of recording

           31.4      Retention of records

           31.5      Monitoring

           31.6      Authorized means of monitoring

              32      Employment programs

              33      Change in employment programs

              34      Incentive allowance

              35      Incentive allowance re disciplinary unit

              36      Payment for employment

              37      Records

              38      Use of funds

              39      Inmates funds re transfer of inmate

              40      Restrictions on transfer of funds

              41      Statement

              42      Assistance to inmate

Part 2.1
Earned Remission

           42.1      Remission and crediting of remission

Part 3
Discipline of Inmates

              44      Breach of rules, etc.

              46      Punishment

              47      When punishment may be imposed

              48      No illicit drug

           48.1      Illicit drug tests

           48.2      Sample demand

              49      Duty of employee

              50      Use of force


              51      Separation of inmate re violence

              52      Removal of inmate to disciplinary unit

              53      Punishment Register

              54      Confinement to disciplinary unit

              56      Interview with Director

              57      Establishment of Board of Inquiry

              58      Board of Inquiry

              59      Hearings before a Board of Inquiry

           59.1      Disclosure of health information

Part 4
Transitional Provisions and Repeals

              60      Transitional

              61      Repeal

Interpretation

1(1)  In this Regulation,

                               (a)    “Director” means a director as defined in the Corrections Act;

                              (b)    “disciplinary unit” means a physically separated area of an institution designated as a disciplinary unit by the Chief Executive Officer;

                               (c)    “employee” means an employee of the Government who is employed in an institution;

                           (c.1)    “health practitioner” means an individual who provides a health service to an inmate;

                              (d)    “institution” means a correctional institution;

                               (e)    “privileged communication” means a communication between an inmate and any of the following persons, offices or entities:

                                        (i)    the inmate’s legal counsel;

                                      (ii)    the Executive Director or any delegate of the Executive Director;

                                     (iii)    the Chief Executive Officer of the Alberta Correctional Services or any delegate of the Chief Executive Officer;

                                     (iv)    the Commissioner of Corrections or the Correctional Investigator appointed under the Corrections and Conditional Release Act (Canada);

                                       (v)    a member of the Senate or House of Commons of Canada;

                                     (vi)    a member of the legislative assembly of Alberta or of another province or territory of Canada;

                                    (vii)    the Information and Privacy Commissioner appointed under the Freedom of Information and Protection of Privacy Act or the Privacy Commissioner appointed under the Privacy Act (Canada);

                                   (viii)    the Alberta Human Rights Commission or the Canadian Human Rights Commission;

                                     (ix)    the Auditor General of Alberta or of Canada;

                                       (x)    a person designated as an officer under the Immigration and Refugee Protection Act (Canada), if the inmate is detained or subject to a warrant for arrest and detention under that Act;

                                     (xi)    an ombudsman appointed under an Act of Alberta;

                                    (xii)    a tipline program operated by a crime stoppers association, a law enforcement agency, a correctional institution or any similar entity to receive information on a confidential basis respecting offences.

(2)  A reference in this Regulation to an institution’s health practitioner is a reference to a health practitioner who is employed or engaged by a regional health authority to deliver health services to inmates.

(3)  In section 1(d.1) of the Act, “privileged communication” has the meaning specified in subsection (1)(e).

AR 205/2001 s1;106/2009;61/2010

Part 1
General Administration

Acting in place of the Director

2(1)  If the Director is absent or unable to act, the Deputy Director (Operations) of the institution has and may exercise all the powers and functions of the Director.

(2)  If the Director and the Deputy Director (Operations) are absent or unable to act, an Assistant Deputy Director of the institution designated by the Director has and may exercise all the powers and functions of the Director.

(3)  If the office of Director is vacant, the Chief Executive Officer may appoint a Deputy Director as acting Director and that person has and may exercise all the powers and functions of the Director.

Uniforms

3(1)  The Chief Executive Officer may prescribe and issue uniforms to be worn by employees or classes of employees while they are on duty and at any other time that is authorized by the Chief Executive Officer.

(2)  Employees must keep the uniforms clean and in good repair.

Meals

4   Employees and visitors who are at an institution may purchase meals in the institution at rates established by the Chief Executive Officer.

Use of materials, etc.

5   Employees are not to use tools, materials, supplies, vehicles, equipment or buildings that are under the administration of the Minister without the approval of the Chief Executive Officer.

Investigation of complaint re employee

6(1)  If, in the opinion of the Director, it is necessary to investigate a complaint that an employee has behaved in a manner that is detrimental to the operation of the institution, the Director may do one or both of the following:

                               (a)    relieve the employee of the employee’s duties;

                              (b)    remove the employee from the institution.

(2)  Where an investigation is conducted under subsection (1), the Director must send to the Chief Executive Officer a notice in writing of the investigation and the Director’s actions with respect to the employee.

Dealing with inmates

7(1)  Employees are to maintain discipline of inmates in the institution in a firm and impartial manner.

(2)  Employees are not to use humiliating tactics or harassing techniques with respect to inmates.

(3)  Employees are to deal with inmates in a manner designed to encourage the self respect and personal responsibility of inmates.

Transfer of inmate

8   Where the Chief Executive Officer has authorized the transfer of an inmate from one institution to another, the warrant under which the inmate is being kept is sufficient authority to convey the inmate from one institution to another.

Temporary absence authorization

8.1   After an authorization under section 23 of the Act is made, the inmate must agree in writing to the conditions of the authorization before the inmate may be released under the authorization.

AR 176/2008 s2

Classification process, additional purpose

9   The security of inmates and of the correctional institution are prescribed as further purposes for the purpose of section 11(b) of the Act.

AR 205/2001 s9;181/2011

Part 2
Inmates

Security classification and assessment processes

9.1(1)  In establishing a classification process under section 11 of the Act, the director shall ensure that the security classification and assessment processes reflect the requirements of this section.

(2)  After admission to the correctional institution and based on the information available to the institution at the time, an inmate must be

                               (a)    assessed, and

                              (b)    based on that initial assessment, assigned an initial housing placement in a unit, and a security classification, in the institution.

(3)  The initial assessment process must take into account, at minimum,

                               (a)    the inmate’s physical and mental health,

                              (b)    any security risk associated with the inmate, and

                               (c)    the inmate’s behaviour,

and, in doing so, must take into account the institution’s capacity to fulfill the purposes of the classification process.

(4)  Each change in a placement or security classification must be based on an assessment of those factors referred to in subsection (3) that are relevant in the circumstances.

(5)  In addition to the employment program referred to in section 17 of the Act, an assessment to determine a suitable education, treatment or work program for a sentenced inmate must be performed, taking into account such factors referred to in subsection (3) as are relevant, and that inmate shall participate in any such program to which he or she is assigned.

AR 181/2011 s3

Searches

10(1)  An inmate may be searched on admission to an institution and at any other times as the Director may require.

(2)  A search may be conducted in any manner as the Director may direct.

(3)  All searches of inmates are to be carried out in a manner so as to respect the dignity of the inmate as far as possible without interfering with the thoroughness of the search.

(4)  An external body search of an inmate is to be made where possible by an employee who is of the same sex as the inmate.

(5)  An internal body search is to be made by a physician in the presence of an employee who is of the same sex as the inmate.

Clothing

11(1)  On admission to an institution, an inmate may be issued clothing of a type authorized by the Chief Executive Officer.

(2)  The Director may order that an inmate’s personal clothing be disposed of at any time where the Director is of the opinion that the clothing is a hazard to health or safety.

(3)  When an inmate is discharged from an institution, the inmate

                               (a)    must return to the Director any clothing issued to the inmate by the Director, and

                              (b)    is to be provided by the Director with suitable clothing in accordance with the season of the year.

(4)  The Director is to keep records of the issue and receipt of all clothing, including the signature of the inmate or employee receiving or returning the clothing, as the case may be.

Personal articles

12(1)  The Director may order that an inmate’s personal articles or any one or more of them be taken from the inmate on the inmate’s admission to an institution.

(2)  The Director must keep in a safe place all the personal articles of an inmate that the inmate is not permitted to retain while the inmate is in custody.

(3)  Any money in the possession of an inmate on the inmate’s admission to an institution or deposited to the credit of the inmate by any person is to be deposited in the Inmate Trust Account to the credit of that inmate.

(4)  The Director is to keep a record of all transactions relating to the personal articles or money of an inmate, including the signature of the inmate or employee receiving or returning the articles or money, as the case may be.

Personal health articles

13   Every inmate on admission to an institution may be issued with those articles as are necessary for the inmate to maintain personal health and cleanliness.

Medical examination

14(1)  Every inmate may be medically examined by an institution’s health practitioner.

(2)  The medical examination may include one or more of the following:

                               (a)    a dental examination;

                              (b)    a mental examination;

                               (c)    blood tests;

                              (d)    x‑rays;

                               (e)    a urinalysis;

                               (f)    any other examination or test that is considered necessary by the examining health practitioner.

AR 205/2001 s14;106/2009

Duties

15(1)  In this section, “duty” includes employment programs, training programs, treatment programs and any other activity of an inmate designated as a duty by the Director.

(2)  An institution’s health practitioner is to specify when an inmate may participate in full duty, partial duty or no duty.

(3)  An inmate for whom partial duty or no duty is specified is not to participate in full duty until an institution’s health practitioner has determined the inmate as being fit to do so.

AR 205/2001 s15;106/2009

16   Repealed AR 106/2009 s5.

17   Repealed AR 106/2009 s6.

Death of inmate

18   On the death of an inmate, the Director is to do the following:

                               (a)    immediately notify the Chief Executive Officer of the death;

                              (b)    use all reasonable means to inform the immediate relatives or legal representatives of the deceased inmate of the death and hand over the body for burial if it is claimed;

                               (c)    if the body of the deceased is not claimed, inform the nearest university for the purposes of section 37(1) of the Post‑secondary Learning Act;

                              (d)    arrange to have the body interred at public expense, if no claim is made for the body by the immediate relatives or legal representatives of the deceased or by a university;

                               (e)    submit a report in writing to the Chief Executive Officer of the particulars of the death;

                               (f)    immediately notify the medical examiner of the death in accordance with the provisions of the Fatality Inquiries Act.

AR 205/2001 s18;251/2001;2/2005

Mental condition of inmate

19(1)  The Director is to ensure that adequate observations are maintained, in accordance with the recommendation, if any, of an institution’s health practitioner, on any inmate whose mental condition requires it.

(2)  An institution’s health practitioner may recommend to the Director that an inmate be separated from other inmates within the institution.

AR 205/2001 s19;106/2009

Communication of imprisonment

20   An inmate is to be given the opportunity, as soon as possible, to communicate to the inmate’s relatives, legal representative and friends the fact that the inmate is in an institution.

Persons awaiting trial, etc.

21   Persons committed for trial, remanded for trial, remanded for sentence, awaiting the hearing of an appeal, awaiting deportation or awaiting transfer to a federal penitentiary

                               (a)    are to be kept apart from persons sentenced to a provincial institution, when the Director is of the opinion that it is possible or desirable, and

                              (b)    are not required to work other than to clean their own living quarters but may work if they request employment and the work assignment is not detrimental to the security of the institution.

Visits

22(1)  Except as authorized by statute, regulation, the Minister, the Deputy Minister or the Chief Executive Officer, no person is to visit an institution without the consent of the Director.

(2)  The hours during which inmates may be visited are to be determined by the Director subject to the approval of the Chief Executive Officer.

(3)  Subject to this section, all visiting of inmates is to take place during the hours provided for under subsection (2).

(4)  A peace officer or government employee in making an inquiry or investigation in the course of that person’s duties as a peace officer or government employee may, on providing proper identification, visit an inmate outside normal visiting hours.

(5)  The legal counsel of an inmate who is a party to legal proceedings, whether criminal or civil, or to any proceedings of an administrative tribunal, is to be permitted to visit an inmate.

(6)  A person nominated by the inmate may visit the inmate at a time and in a manner determined by the Chief Executive Officer.

(7)  A person who is under the age of 18 years may visit an inmate

                               (a)    when that person is accompanied by a parent or guardian, or

                              (b)    with the consent of the Director.

(8)  Visits to an inmate may be suspended or terminated by the Director as a result of a breach of the regulations or rules of an institution by an inmate or a visitor.

(9)  No person who in the opinion of an employee is under the influence of liquor, drugs or other intoxicating substances is to visit or be permitted to visit an inmate.

Confiscation of articles, etc.

23(1)  The Director may confiscate any article or thing

                               (a)    given or conveyed to an inmate,

                              (b)    left anywhere with the intent that an inmate will get it, or

                               (c)    conveyed, deposited or thrown into or out of an institution

without prior consent of the Director.

(2)  Any article or thing confiscated under subsection (1) is to be disposed of as the Chief Executive Officer may direct.

Restrictions re publications

24   No person shall photograph, sketch or interview an inmate for the purpose of publication without the consent in writing of the Minister or the Chief Executive Officer.

Searches re persons and vehicles

25(1)  The Director may order the search of any person or vehicle entering or leaving an institution and of any parcels, bags, packages and containers that are with that person or in or on that vehicle.

(2)  The employee in charge of an institution for the time being may remove from the institution a person

                               (a)    whose conduct is, in the opinion of the employee, detrimental to the security of or discipline in the institution, or

                              (b)    who refuses to submit to a search under subsection (1).

Exercise of inmate

26   An inmate is entitled to exercise daily in the open air, weather permitting, when staff, space and facilities are available.

Rules

27   The Director is to establish rules governing the safety of employees and inmates engaged in employment programs, training programs, treatment programs and work assignments.

Inmate Advisory Committee

28(1)  The Director may establish an Inmate Advisory Committee consisting of members elected by the inmates who reside in the various living units in the institution.

(2)  The members of the Inmate Advisory Committee are to elect from among their number an executive consisting of not fewer than 3 nor more than 5 members.

(3)  Through the executive of the Inmate Advisory Committee, the Inmate Advisory Committee is to deal cooperatively with the Director with respect to complaints and grievances and any other matter relating to the effective and efficient operation of the institution.

Canteen

29(1)  The Director, with the consent of the Chief Executive Officer, may establish a canteen for inmates in the institution.

(2)  Every inmate may purchase items and services at least once a week from the canteen.

Inmate Welfare Trust Fund

30(1)  The Director is to deposit profits from the sale of items and services from the canteen in an Inmate Welfare Trust Fund.

(2)  Funds that are in the Inmate Welfare Trust Fund are to be used to purchase items and services as directed by the Chief Executive Officer or as directed by a person designated by the Chief Executive Officer under section 3(3) of the Corrections Act.

AR 205/2001 s30;115/2006

Inmate communication systems

31(1)  In this section, “inmate communication” includes a privileged communication.

(2)  The Chief Executive Officer may authorize the establishment of inmate communication systems in an institution for the purposes of

                               (a)    providing inmates with reasonable access to communication systems, and

                              (b)    ensuring the security of the institution and the protection of the public.

(3)  The Director may suspend inmate access to any inmate communication system if, in the Director’s opinion,

                               (a)    the system is being misused or abused, or

                              (b)    the suspension is necessary to maintain the security of the institution.

AR 205/2001 s31;61/2010

Identifiers of institution

31.1   The Director of an institution shall, if directed to do so by the Chief Executive Officer, ensure that

                               (a)    the name of the institution is attached to inmate communications that are directed to recipients outside of the institution, and

                              (b)    a recorded announcement, identifying that the inmate communication comes from the institution, is played at the beginning of inmate communications that are made by telephone or other electronic means to a place outside of the institution.

AR 22/2008 s2;61/2010

Privileged communications

31.2(1)  Privileged communications must not be recorded or monitored.

(2)  If a privileged communication is inadvertently recorded during repair and maintenance of a communication system or otherwise,

                               (a)    the communication must not be monitored, and

                              (b)    the record of the communication must be destroyed as soon as practicable after any employee or agent of the institution is notified or becomes aware that the communication was recorded.

AR 61/2010 s3

Notice of recording

31.3(1)  In this section, “writing” includes e‑mail and other electronic writing, and “written” has a corresponding meaning.

(2)  Before recording an inmate communication, the Director must give reasonable notice to the inmate that the communication may be recorded.

(3)  Notice may be given under subsection (2) by means of

                               (a)    a written message on, attached to or accompanying any inmate communication that is made in writing,

                              (b)    a recorded announcement played at the beginning of any inmate communication that is made by telephone or any other electronic means that includes an audio transmission, or

                               (c)    any other method by which the notice may reasonably be expected to come to the inmate’s attention before recording begins.

AR 61/2010 s3

Retention of records

31.4   If a record of an inmate communication contains some or all of the words that were communicated or any images of the parties to the inmate communication, the record must not be retained for longer than 90 days unless there are reasonable grounds to believe that the inmate is

                               (a)    involved in illegal activities,

                              (b)    harassing or causing harm to others, or

                               (c)    participating in an activity that may jeopardize the management, operation or security of the institution.

AR 61/2010 s3

Monitoring

31.5   An inmate communication must not be monitored except

                               (a)    in circumstances where the monitoring is authorized under section 14.4(2) of the Act, and

                              (b)    where the inmate has first been given reasonable notice that the inmate communication may be monitored.

AR 61/2010 s3

Authorized means of monitoring

31.6(1)  Where monitoring of an inmate communication is authorized under section 14.4(2) of the Act, the communication may be monitored by listening to, watching or reading it or any record of it that is made in accordance with the Act and this Regulation.

(2)  Monitoring under subsection (1) may be carried out by electronic or other means.

AR 61/2010 s3

Employment programs

32(1)  The Chief Executive Officer may establish, organize and administer employment programs for inmates in institutions including

                               (a)    employment programs within the institution, and

                              (b)    employment programs outside the institution.

(2)  The Director of an institution, subject to the approval of the Chief Executive Officer, is to operate and manage any employment programs established within the institution under subsection (1).

(3)  The Chief Executive Officer may designate employment programs established under subsection (1) as accredited employment programs.

Change in employment programs

33(1)  An employment program to which an inmate is assigned may be changed from time to time by the Director.

(2)  An inmate whose employment program is changed under subsection (1) may make a complaint to the Director within 7 days from the day of receiving notice of the change.

(3)  Where the Director receives a complaint under subsection (2), the Director is to

                               (a)    give the inmate an opportunity to be heard,

                              (b)    review the subject‑matter of the complaint, and

                               (c)    notify the inmate of the Director’s decision.

Incentive allowance

34(1)  An inmate engaged in an employment program designated as an accredited employment program under section 32(3) may be paid, to a maximum of $5 per day, an incentive allowance at a rate that is to be determined by the inmate’s immediate work supervisor on the basis of

                               (a)    the work required for the position to which the inmate is assigned, and

                              (b)    the amount of work done by the inmate.

(2)  An inmate who is not engaged in an employment program designated as an accredited employment program may be paid an incentive allowance of $l per day to a maximum of $5 per week.

AR 205/2001 s34;217/2002

Incentive allowance re disciplinary unit

35   An inmate who is confined to a disciplinary unit is not to receive an incentive allowance for the period that the inmate spends in the disciplinary unit.

Payment for employment

36(1)  Where an inmate in an institution is employed by an employer in employment outside of the institution and earns income from that employment, the inmate is to provide to the Director, to be credited to the credit of the inmate, any income earned by the inmate from that employment.

(2)  An inmate who is earning income from employment outside of the institution, other than an incentive allowance, is to be charged for meals and lodging in the institution at the rate of

                               (a)    $30 per week, or

                              (b)    $6 per day for a period of less than 5 days.

(3)  Amounts deducted under subsection (2) from the money paid to the Director to the credit of an inmate are to be forwarded by the Director to the Minister, in favour of the President of Treasury Board and Minister of Finance, at the end of each month.

AR 205/2001 s36;27/2002;68/2008;31/2012;62/2013

Records

37   All transactions with respect to inmate incentive allowances and earnings of an inmate are to be recorded in the inmate’s Inmate Trust Account.

AR 205/2001 s37;181/2011

Use of funds

38   An inmate may, with the consent of the Director, use money held in trust for the inmate in the Inmate Trust Account for the following matters:

                               (a)    the payment of a fine or penalty

                                        (i)    incurred by the inmate, or

                                      (ii)    incurred by the spouse or adult interdependent partner, sibling, child or parent of the inmate;

                              (b)    the payment of costs of transportation for and the  subsistence and maintenance of

                                        (i)    dependents of the inmate, or

                                      (ii)    the inmate while legally absent from the institution;

                               (c)    the discharge of any financial obligations of the inmate.

AR 205/2001 s38;109/2003

Inmates funds re transfer of inmate

39   Where an inmate is transferred from one institution to another, the Director of the institution from which the inmate is transferred is to forward to the Director of the institution to which the inmate is transferred a statement of the balance shown in the inmate’s Inmate Trust Account on the date of transfer.

AR 205/2001 s39;181/2011

Restrictions on transfer of funds

40   No money held in trust for an inmate is to be transferred to the credit of any other inmate unless the director has approved the transfer in writing.

AR 205/2001 s40;181/2011

Statement

41   On the request of an inmate, an inmate is to be given a statement of the money held in trust for the inmate.

Assistance to inmate

42(1)  The Director is to ensure that every inmate discharged from the institution who requires the aid of the Government of Alberta or any other government or any private agency receives sufficient assistance to enable the inmate to apply for the aid.

(2)  On the inmate’s discharge from an institution, the Director may arrange for transportation for the inmate from the institution to another place in Alberta.

Part 2.1
Earned Remission

Remission and crediting of remission

42.1(1)  Subject to subsections (3) and (4) and section 46(e), every inmate who is serving a sentence for an offence under a provincial enactment or a municipal bylaw shall be credited with remission of the sentence, in an amount not exceeding 15 days for each 30 days served during which the inmate earns that remission.

(2)  The criteria for earning remission are

                               (a)    obeying all rules of the institution,

                              (b)    actively participating in any program assigned under section 9.1,

                               (c)    actively participating in any employment program required under section 17 of the Act, and

                              (d)    complying with the conditions of any temporary absence authorized under section 23 of the Act.

(3)  If an inmate, on one or more occasions,

                               (a)    violates a rule referred to in subsection (2)(a),

                              (b)    fails to actively participate in a program referred to in subsection (2)(b) or (c), or

                               (c)    fails to comply with a condition referred to in subsection (2)(d),

the inmate may, in accordance with policy and procedures approved by the Director, be found not to have met the criteria for earning some or all of the remission that the inmate could have earned under subsection (2).

(4)  No remission is earned under this section in respect of a sentence

                               (a)    on conviction for criminal or civil contempt of court where the sentence includes a requirement that the inmate return to that court, or

                              (b)    to which section 6 of the Prisons and Reformatories Act (Canada) applies.

(5)  Where remission is credited under this section against a sentence being served by an inmate, the inmate is entitled to be released from imprisonment before the expiration of the sentence.

(6)  As soon as is reasonably possible after an inmate begins serving a sentence in respect of which remission may be credited under this section, the inmate must be advised of the earliest possible date on which the inmate could, if the inmate earns all possible remission and does not forfeit any remission, be released under subsection (5).

(7)  As soon as is reasonably possible after

                               (a)    an inmate is found not to have met the criteria for earning some or all of the remission that the inmate could have earned under subsection (2), or

                              (b)    a forfeiture of remission is imposed under section 46(e),

the inmate must be informed of the amount of remission the inmate failed to earn or forfeited, the reasons for the failure or forfeiture and the resulting revision of the inmate’s earliest possible release date.

(8)  Where an inmate is reincarcerated following the suspension of parole and the parole is subsequently revoked, the inmate shall be credited with remission in respect of the portion of the sentence that was served during the suspension.

(9)  For the purposes of applying this section,

                               (a)    where a sentence is expressed as a period of months or years rather than days, the sentence is to be converted to a number of days, and

                              (b)    where the number of days to be served for a sentence is a number that is not evenly divisible by 3, the number is to be rounded down to the nearest number that is evenly divisible by 3 and no remission is to be credited for the extra day or days.

AR 61/2010 s4;181/2011

Part 3
Discipline of Inmates

43   Repealed AR 22/2008 s3.

Breach of rules, etc.

44(1)  Where an employee has reasonable grounds to believe that an inmate has

                               (a)    broken the rules of the institution,

                              (b)    not complied with this Regulation, or

                               (c)    committed any other act or otherwise carried out any other actions or engaged in any other behaviour for which an inmate may be punished under section 47,

the employee is to forthwith report the incident, the circumstances and the reasons for the employee’s belief to the employee’s immediate supervisor.

(2)  The employee after consultation with the employee’s immediate supervisor may charge an inmate with breaking the rules of the institution, failing to comply with this Regulation or committing any other act, carrying out any other action or engaging in any other behaviour referred to in section 47 by making a report to the Director in writing that includes the following:

                               (a)    the name of the inmate;

                              (b)    the rule, provision, act, action or behaviour in respect of which the charge was made; 

                               (c)    the circumstances leading to the charge.

(3)  A hearing adjudicator appointed under section 15(1) of the Act is to hold a hearing in respect of any charge made against an inmate.

(3.1)  Where facilities are available, a hearing may be held by means of video conference.

(4)  Notwithstanding subsection (3), a hearing adjudicator may dismiss a charge made against an inmate without a hearing.

(5)  Subject to section 46, a hearing adjudicator may direct that punishment be imposed on an inmate in respect of whom a hearing is held.

(6)  At the end of each hearing, the hearing adjudicator is to give the Director a report consisting of the following:

                               (a)    the name of the inmate charged;

                              (b)    the rule, provision, act, action or behaviour in respect of  which the charge was made; 

                               (c)    the date on which the incident occurred that led to the charge being made;

                              (d)    the date of the hearing;

                               (e)    the decision of the hearing adjudicator;

                               (f)    the punishment, if any, imposed on the inmate.

AR 205/2001 s44;22/2008

45   Repealed AR 22/2008 s5.

Punishment

46   If in the opinion of a hearing adjudicator or an appeal adjudicator a charge against an inmate is substantiated, the following punishment may be imposed on the inmate:

                               (a)    a reprimand;

                              (b)    the loss of one or more privileges;

                               (c)    confinement to a disciplinary unit for a period of not more than 14 days;

                              (d)    repealed AR 106/2009 s8;

                               (e)    forfeiture of earned remission for a period of not more than 30 days;

                               (f)    an assessment towards payment for willful or negligent damage to public or private property;

                               (g)    extra duties of not more than 4 hours per day in addition to the normal work period.

AR 205/2001 s46;22/2008;106/2009

When punishment may be imposed

47(1)  No inmate shall

                               (a)    disobey an order of the Director or an employee;

                              (b)    break a rule of an institution or fail to comply with the Act or this Regulation;

                               (c)    use disrespectful, indecent, abusive or threatening language to

                                        (i)    an employee or a visitor to the institution, or

                                      (ii)    another inmate;

                              (d)    be idle, careless or negligent at work;

                               (e)    refuse to work;

                               (f)    commit or threaten to commit an assault or any other act of violence on

                                        (i)    an employee or a visitor to the institution, or

                                      (ii)    another inmate;

                               (g)    use indecent gestures or commit an indecent act;

                              (h)    communicate with another inmate without authority to do so;

                               (i)    enter the cell of another inmate or any other place without authority to do so;

                               (j)    leave the inmate’s cell, place of work or any other place without the consent of an employee;

                              (k)    wilfully or negligently disfigure or damage any part of an institution or any property that is not the inmate’s;

                               (l)    fail to keep the inmate’s person, clothing, bedding or cell neat and clean;

                             (m)    have in the inmate’s cell or possession any unauthorized article or attempt to obtain such an article;

                              (n)    give to or receive from any person, or attempt to give or receive, any unauthorized article;

                              (o)    create a disturbance or incite other inmates to create a disturbance;

                              (p)    feign an illness or otherwise malinger;

                              (q)    persist in making frivolous or groundless complaints;

                               (r)    fail or refuse to submit on demand to a test to detect the use of an unauthorized drug or intoxicant;

                               (s)    engage in gambling;

                               (t)    manufacture, have in the inmate’s possession or use an unauthorized drug or intoxicant or use a drug in an unauthorized manner;

                              (u)    refuse to submit to, resist or obstruct a search authorized by or under this Regulation;

                              (v)    engage in an activity that promotes or encourages the creation, status or activities of a gang, including the display of an item or symbol or the use of signals associated with a gang;

                              (w)    participate in the act of tattooing or have in the inmate’s cell or possession any article used for the purpose of tattooing;

                              (x)    do anything for the purpose of escaping or assisting another inmate to escape;

                              (y)    do anything that is prejudicial to good order and discipline in an institution that is not otherwise referred to in clauses (a) to (x);

                               (z)    counsel, procure or incite another inmate to do anything referred to in clauses (a) to (y);

                             (aa)    attempt to do anything referred to in clauses (a) to (z).

(2)  A hearing adjudicator may direct that an inmate be punished if the inmate contravenes subsection (1).

AR 205/2001 s47;286/2003;22/2008

No illicit drug

48   No inmate shall use, be under the influence of or have in the inmate’s possession an illicit drug except as prescribed by the written order of an institution’s health practitioner and authorized by the Director.

AR 205/2001 s48;286/2003;106/2009

Illicit drug tests

48.1(1)  The Chief Executive Officer must establish,

                               (a)    for the purposes of section 14.1 of the Act, a random selection urinalysis illicit drug test program, and

                              (b)    for the purposes of section 14.2 of the Act, a urinalysis and breath sample illicit drug test program.

(2)  The program described in subsection (1)(a) must require samples to be provided by inmates whose names have been chosen by random selection from among the names of the entire inmate population of the institution.

(3)  The programs described in subsection (1) must provide for the following:

                               (a)    how samples are handled to ensure that there is no tampering, substitution or loss before testing;

                              (b)    the manner and form in which tests are to be recorded;

                               (c)    what level of illicit drug in the sample is considered to be a positive result for the purposes of section 48 of the Regulation and section 15(2)(c) of the Act;

                              (d)    any other matter considered advisable by the Chief Executive Officer.

AR 286/2003 s4

Sample demand

48.2(1)  If a demand is made of an inmate to provide

                               (a)    a urine sample, or

                              (b)    a breath sample

pursuant to section 14.1 or 14.2 of the Act, the person making the demand must forthwith inform the inmate of the grounds of the demand and the consequences of non‑compliance.

(2)  To ensure the reliability of a urine sample provided pursuant to subsection (1), the inmate must provide the sample in the presence of an employee who is of the same sex as the inmate.

(3)  An inmate who is required to provide

                               (a)    a urine sample, or

                              (b)    a breath sample

pursuant to section 14.2(1) of the Act must be given the opportunity to make representations to the Director or the Director’s delegate before providing the urine sample or breath sample.

(4)  If an inmate objects to providing a urine sample or a breath sample pursuant to section 14.2(1) of the Act, the Director or the Director’s delegate must review the grounds for the demand for the sample and the inmate’s objections to determine whether there are reasonable grounds on which to require a sample, and

                               (a)    if the Director or the Director’s delegate determines that there are reasonable grounds, direct the inmate to provide a sample, and

                              (b)    if the Director or the Director’s delegate determines that there are not reasonable grounds, direct the inmate to not provide a sample.

(5)  An inmate must, within 2 hours of

                               (a)    a demand by an employee to provide a urine sample or a breath sample pursuant to section 14.1 or 14.2 of the Act, or

                              (b)    a direction by the Director or the Director’s delegate to provide a sample pursuant to subsection (3)

whichever is the later, provide the person making the demand with the sample.

AR 286/2003 s4;61/2010

Duty of employee

49   An employee who observes

                               (a)    the contravention of the rules of the institution or the failure to comply with this Regulation by an inmate or any other person, or

                              (b)    the occurrence of any other incident for which an inmate may be charged

is to take reasonable action to prevent the continuation of the contravention, failure or incident and is to report forthwith in writing the circumstances to the employee’s immediate supervisor.

Use of force

50(1)  Force is not to be used by an employee unless it is essential to use it to maintain or restore order or to prevent the continuation of acts of violence.

(2)  When the use of force is essential, no more force is to be used than is necessary to maintain or restore order or stop acts of violence.

(3)  An employee may use mechanical and any other restraints on an inmate where it appears to the employee that these are necessary to prevent the inmate from escaping or being injured or injuring others.

(4)  In all cases where force is used, the employee is to report the circumstances in writing forthwith to the employee’s immediate supervisor.

Separation of inmate re violence

51(1)  Where in the opinion of the Director an inmate is violent, the Director may order the separation of the inmate from other inmates in the institution.

(2)  Where an inmate is separated under subsection (1), the Director is to report the separation forthwith to the Chief Executive Officer.

Removal of inmate to disciplinary unit

52(1)  When, in the opinion of the Deputy Director on duty, an inmate has done anything for which the inmate may be charged, the Deputy Director

                               (a)    may move the inmate from the inmate’s living unit to a disciplinary unit, and

                              (b)    is to report forthwith in writing to the Deputy Director’s immediate supervisor that the inmate has been moved.

(2)  No inmate is to be confined in a disciplinary unit under this section for more than 72 hours without confirmation of the punishment by the hearing adjudicator.

AR 205/2001 s52;22/2008

Punishment Register

53(1)  The Director shall keep a Punishment Register in which there is to be recorded the following:

                               (a)    the name of every inmate charged;

                              (b)    the rule, provision, act, action or behaviour in respect of which the charge was made;

                               (c)    the date on which the incident occurred that led to the charge being made;

                              (d)    the date of any hearing;

                               (e)    the decision of the hearing adjudicator;

                               (f)    the punishment, if any, imposed on the inmate.

(2)  The Punishment Register is to be certified by the hearing adjudicator as correct at the time that the hearing adjudicator records the adjudicator’s decision.

AR 205/2001 s53;22/2008

Confinement to disciplinary unit

54(1)  Inmates confined in disciplinary units must keep their accommodation clean and tidy.

(2)  Inmates who are confined in disciplinary units forfeit privileges, including the use of radio, television and the canteen, visits from family and friends and receipt of incentive allowance.

AR 205/2001 s54;181/2011

55   Repealed AR 106/2009 s10.

Interview with Director

56(1)  The Director is to give all inmates an opportunity to request an interview with the Director.

(2)  All requests by an inmate for an interview with the Director are to be given to the Director forthwith.

(3)  Except on Saturdays, Sundays and statutory holidays, the Director is to review daily all requests for an interview.

(4)  The Director is to personally interview an inmate if in the Director’s opinion an interview is warranted.

Establishment of Board of Inquiry

57   The Chief Executive Officer is to establish a Board of Inquiry to investigate where

                               (a)    an inmate dies;

                              (b)    an inmate escapes from an area designated as a security area by the Director;

                               (c)    a major disturbance occurs involving inmates;

                              (d)    an inmate is seriously injured and is admitted to a hospital as a result of the injury;

                               (e)    a property loss in excess of $5000 occurs;

                               (f)    an accident occurs causing serious injury or damage;

                               (g)    a fire occurs causing serious damage or injury.

Board of Inquiry

58(1)  A Board of Inquiry is to consist of not fewer than 2 nor more than 5 persons appointed by the Chief Executive Officer.

(2)  The Chief Executive Officer is to designate one member of the Board of Inquiry as Chair of the Board.

(3)  On the completion of the inquiry, the Chair is to prepare a report and submit it to the Chief Executive Officer along with the findings and recommendations of the Board of Inquiry.

Hearings before a Board of Inquiry

59(1)  A Board of Inquiry may hold such hearings as it considers necessary.

(2)  The Chair of a Board of Inquiry may exclude from the room where a hearing is being held all persons other than a person whose interests are involved in the inquiry.

Disclosure of health information

59.1   The purposes prescribed for the purpose of section 11.1(b) of the Act are,

                               (a)    if the inmate is or is to be subject to a disciplinary hearing under section 15 of the Act or an appeal under section 15.2 of the Act, to disclose the information for its lawful use in the hearing or appeal, and

                              (b)    to facilitate the effective interpretation of the results of a test for illicit drugs ingested by an inmate.

AR 181/2011 s8

Part 4
Transitional Provisions and Repeals

Transitional

60(1)  In this section,

                               (a)    “existing transaction” means any action, procedure, direction, order, hearing, punishment or other matter that was made, taken, held, imposed or otherwise provided for under the previous Regulation and that is still in effect at the time of the repeal of the previous Regulation;

                              (b)    “previous Regulation” means The Correctional Institution Regulations (AR 138/77).

(2)  Every existing transaction continues under this Regulation as if it had been made, taken, held, imposed or otherwise provided for under this Regulation.

Repeal

61   The Correctional Institution Regulations (AR 138/77) are repealed.

62   Repealed AR 40/2016 s3.