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AR 322/2009 YOUTH JUSTICE DESIGNATION REGULATION

(Consolidated up to 49/2017)

ALBERTA REGULATION 322/2009

Youth Criminal Justice Act (Canada)
Youth Justice Act (Alberta)

YOUTH JUSTICE DESIGNATION REGULATION

Table of Contents

                1      Definitions

                2      Provincial directors

                3      Youth workers

                4      Youth custody


                5      Temporary detention, secure custody and open custody

                6      Temporary detention and secure custody

                7      One level of custody

                8      Youth Justice Committees

                9      Rules for conferences

              10      Fine surcharge

              11      Repeal

              13      Coming into force

Definitions

1   In this Regulation,

                               (a)    “federal Act” means the Youth Criminal Justice Act (Canada);

                              (b)    “provincial Act” means the Youth Justice Act.

Provincial directors

2   For the purposes of the provincial Act and the federal Act, the following are designated as provincial directors:

                               (a)    an employee, under the administration of the Minister of Justice and Solicitor General, who holds a position with a title as follows:

                                        (i)    Assistant Deputy Minister, Correctional Services;

                                      (ii)    Executive Director, Young Offender Branch;

                                     (iii)    Director, Partnerships and Community Programs;

                                     (iv)    Director, Temporary Absence Program;

                                       (v)    Centre Director;

                                     (vi)    Director, Community Corrections and Release Programs;

                                    (vii)    Manager, Community Corrections and Release Programs;

                                   (viii)    Community Corrections Manager;

                                     (ix)    Deputy Director, Edmonton Young Offender Centre;

                                       (x)    Deputy Director, Calgary Young Offender Centre;

                              (b)    an employee of the City of Calgary, Calgary Neighbourhoods, who holds a position with a title as follows:

                                        (i)    Director, Calgary Neighbourhoods;

                                      (ii)    Manager, Social Development;

                                     (iii)    Youth Justice Coordinator;

                                     (iv)    Team Lead, Youth Services;

                               (c)    a director at a place of custody of a private agency that is under contract with the Minister of Justice and Solicitor General to provide place of custody services

AR 322/2009 s2;170/2012;49/2017

Youth workers

3   For the purposes of the provincial Act and the federal Act, the following are designated as youth workers:

                               (a)    an employee, under the administration of the Minister of Justice and Solicitor General, who holds a position in the Correctional Services Division of the Department of Justice and Solicitor General with a classification as follows:

                                        (i)    Correctional Peace Officer I, II or III;

                                      (ii)    Correctional Services Worker I, II or III;

                                     (iii)    Human Service Worker IV;

                                     (iv)    Manager I or II;

                                       (v)    Senior Manager I or II;

                            (vi), (vii)    repealed AR 322/2009 s13;

                              (b)    a staff member of a place of custody that is designated as a place of open custody;

                               (c)    a probation officer in the City of Calgary, Calgary Neighbourhoods, Social Development Division;

                              (d)    a health practitioner employed or retained by a regional health authority to provide a health service to inmates in a place of custody designated as a place of temporary detention, secure custody or open custody.

AR 322/2009 s3;322/2009 s13;170/2012;49/2017

Youth custody

4(1)  The following are the levels of custody in Alberta:

                               (a)    secure custody, which provides secure containment or restraint of a young person and which provides a young person only restricted community access under the direct and constant supervision of a youth worker or a peace officer;

                              (b)    open custody, which provides some containment or restraint of a young person and which provides community access that may be under the supervision of a youth worker or a peace officer.

(2)  In Alberta, pursuant to section 88 of the Youth Criminal Justice Act (Canada), the power to make determinations of the level of custody for young persons and to review those determinations must be exercised in accordance with the Young Offenders Act (Canada), Chapter Y‑1 of the Revised Statutes of Canada, 1985.

Temporary detention, secure custody and open custody

5   The following are places of custody designated as places of temporary detention, secure custody and open custody:

                               (a)    Edmonton Young Offender Centre, Edmonton, Alberta;

                              (b)    Calgary Young Offender Centre, Calgary, Alberta;

                               (c)    Young Offender Forensic Unit, Alberta Hospital, Edmonton, Alberta.

Temporary detention and secure custody

6   Any area of a police holding cell or holding room

                               (a)    that is operated by a police service as defined in the Police Act, and

                              (b)    in which no adult prisoner is located

is designated as a place of temporary detention and secure custody.

One level of custody

7   Pursuant to section 85(2)(a) of the federal Act, the Minister of Justice and Solicitor General shall designate youth custody facilities with only one level of custody.

AR 322/2009 s7;170/2012

Youth Justice Committees

8   Pursuant to section 18 of the federal Act, the Minister of Justice and Solicitor General is designated to establish one or more committees of citizens to be known as Youth Justice Committees.

AR 322/2009 s8;170/2012

Rules for conferences

9   Pursuant to section 19(3) of the federal Act, the Minister of Justice and Solicitor General is designated to establish rules for the convening and conducting of conferences other than conferences convened or caused to be convened by a youth justice court or a justice of the peace.

AR 322/2009 s9;170/2012

Fine surcharge

10(1)  Pursuant to section 53(1) of the federal Act, the percentage of a fine to provide assistance to victims of offences is 15%.

(2)  The amount of a fine collected under subsection (1) may be used to provide assistance in accordance with the Victims of Crime Act.

Repeal

11   The Youth Justice Designation Regulation (AR 69/2003) is repealed.

12   Repealed AR 49/2017 s4.

Coming into force

13(1)  Section 3(d) comes into force on April 1, 2010 and on the coming into force of section 3(d), section 3(a)(vi) and (vii) are repealed.

(2)  Subject to subsection (1), this Regulation comes into force on November 26, 2009.