BILL 44 – 2004
CORRECTION ACT

Contents

 
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Definitions

1 In this Act:

"authorized person" means the person in charge of the correctional centre and includes

(a) a staff member designated by the person in charge of the correctional centre to exercise the powers and perform the duties and functions under section 12, 13, 14, 15, 16, 18, 19 or 20, and

(b) a member of a class of persons designated by the person in charge of the correctional centre to exercise the powers and perform the duties and functions under section 12, 13, 14, 15, 16, 18, 19 or 20;

"contraband" means any of the following:

(a) an intoxicant;

(b) if possessed without prior authorization, a weapon, any component of a weapon or ammunition for a weapon, or anything that is designed to kill, injure or disable or is altered so as to be capable of killing, injuring or disabling;

(c) an explosive or bomb, or any component of an explosive or bomb;

(d) if possessed without prior authorization, any currency;

(e) if possessed without prior authorization, tobacco leaves or any products produced from tobacco in any form or for any use;

(f) if possessed without prior authorization, any other object or substance that, in the opinion of an authorized person, may threaten the management, operation, discipline or security of, or safety of persons in, the correctional centre;

"correctional centre" means a lawful place of confinement in British Columbia, including, without limitation, a jail, prison, lockup, place of imprisonment, camp or correctional institution, and any land connected with it, but does not include, except for the purposes of section 32 respecting shared facilities, any of the following:

(a) prisons or lockups operated by police forces or police departments;

(b) prisons or lockups operated by designated policing units, as defined in section 1 of the Police Act, or by designated law enforcement units, as defined in section 1 of the Police Act;

(c) penitentiaries under the control of Canada;

(d) a youth custody centre as defined in the Youth Justice Act;

"court" includes the Court of Appeal, Supreme Court, Provincial Court and a justice of the peace;

"director" means the Director of the Investigation and Standards Office;

"inmate" means a person who is sentenced to imprisonment, lawfully detained or confined for treatment, at a correctional centre, and includes a prisoner;

"inmate communication" means communication by mail or electronic means between an inmate and another person, other than a privileged communication specified under section 33 (2) (u);

"staff member" means a person holding an appointment under section 2 (1) (a) or (b) and employed in a correctional centre and includes a person providing a service in a correctional centre under a contract with the minister;

"work program" means a program established under section 23.

 
Part 1 -- Probation Officers and Corrections Staff

Probation officers and other officers and employees

2 (1) The minister may appoint under the Public Service Act

(a) persons, or persons within a class of persons, to be probation officers, and

(b) other officers and employees the minister considers necessary to exercise powers and perform duties under this Act.

(2) In an appointment under subsection (1), the minister may

(a) limit the powers and duties that a person, officer or employee may exercise under this Act, and

(b) make the appointment subject to terms and conditions.

(3) Persons, officers and employees appointed to exercise powers and perform duties under this Act are peace officers while exercising those powers and performing those duties.

(4) Subsection (3) does not apply to the director or an employee of the Investigation and Standards Office.

Temporary appointments

3 (1) Despite the Public Service Act, the minister may appoint persons required for the purposes of this Act to meet an actual or impending emergency.

(2) On request by a court and with the approval of the minister, a person may exercise the powers and perform the duties of a probation officer without remuneration for the purposes and in the geographic area of British Columbia specified in the approval.

Powers and duties of probation officers

4 (1) Subject to any limitations, terms and conditions imposed on the appointment under section 2 (2), a probation officer

(a) is a probation officer for all of British Columbia,

(b) is an officer of every court in British Columbia,

(c) must prepare reports for the court as the court may order,

(d) has power to procure and report information for the court in respect of a person convicted by the courts,

(e) is, if appointed a parole supervisor under the Corrections and Conditional Release Act (Canada), a peace officer under the jurisdiction of the government,

(f) must supervise parolees paroled under the Parole Act,

(g) is, if attached to the staff of a correctional centre, subject to the directions of the person in charge of the correctional centre, and must assist in casework services and post--release planning for inmates, and

(h) has the additional prescribed powers and duties.

(2) A probation officer is responsible for the supervision of

(a) persons placed on probation by a court, and

(b) persons subject to conditional sentences imposed by a court.

(3) A probation officer charged with the supervision of a person on whom the passing of sentence was suspended, or who is subject to a probation order or a conditional sentence, may report to the court or prosecutor if the person fails to carry out the terms

(a) on which the passing of sentence was suspended,

(b) of the probation order, or

(c) of the conditional sentence.

Protection of officials in duties

5 (1) No action for damages lies or may be brought against a person holding an appointment under section 2 (1) (a) or (b) because of anything done or omitted

(a) in the performance or intended performance of a duty under this Act, or

(b) in the exercise or intended exercise of a power under this Act

unless the thing was done or omitted in bad faith.

(2) Subsection (1) does not absolve the government from vicarious liability for an act or omission for which it would be vicariously liable if this section were not in force.

Long service medals

6 In recognition of the contribution to public safety that is made by staff members, the minister may issue medals for long service.

 
Part 2 -- Custody of Inmates

 
Division 1 -- Correctional Centres

Establishing or discontinuing centres

7 The Lieutenant Governor in Council may establish or discontinue correctional centres as the Lieutenant Governor in Council considers necessary.

Regulation outside correctional centre

8 A street, highway or place, public or private, along or across which an inmate may pass in going to or returning from work, duty or other absence authorized under section 21 or 22, and every place where an inmate may be under those sections, must, while so used by an inmate, be considered a portion of a correctional centre for the purposes of this Act, except for the purposes of section 17 (2).

 
Division 2 -- Receiving and Moving Inmates

Certificate of health required

9 (1) The person in charge of a correctional centre is not required to accept a person into custody under a warrant of committal unless a certificate of a medical practitioner certifies for that person all of the following:

(a) the state of health of the person;

(b) that the person is fit for transfer;

(c) that the person is free from any infectious or contagious disease.

(2) A person sentenced to imprisonment in, or ordered by competent authority to be conveyed to, a correctional centre from any other jail, prison or lockup may remain and be kept in lawful custody in the jail, prison or lockup from which he or she was sentenced or ordered to be conveyed, until the certificate of health required by this section has been provided.

Receiving and moving inmates

10 (1) Subject to subsection (2), each correctional centre may receive inmates from any part of British Columbia.

(2) The Lieutenant Governor in Council may, by order, designate a correctional centre as a regional correctional centre to receive inmates or classes of inmates from an area of British Columbia designated in the order.

(3) Despite any order made under this section and the terms of any custodial disposition to the contrary, the person in charge of a correctional centre may direct that prisoners confined in one correctional centre be moved to another correctional centre.

Detention agreements

11 (1) On behalf of the government, the minister may enter into an agreement with a municipality for the detention in a correctional centre of persons whose detention is chargeable to the municipality on terms for reimbursement of expenses as may be mutually agreeable.

(2) An agreement similar to that authorized under subsection (1) may be made for reimbursing municipalities for the expenses of detention in a municipal lockup of persons from inside or outside the municipality whose detention is chargeable to the government.

(3) All persons lawfully acting under an agreement referred to in subsection (1) or (2) have full authority to detain persons and are empowered to do so.

(4) Lockups and other institutions used for the purpose of an agreement made under this section are places of detention for the purposes and localities specified in the agreement.

 
Division 3 -- Security Measures

Use of force and restraining devices

12 (1) Officers and employees appointed under this Act may use a reasonable degree and means of force for any of the following purposes:

(a) to prevent injury or death to a person;

(b) to prevent property damage;

(c) to prevent an inmate from escaping;

(d) to maintain custody and control of an inmate.

(2) A device used to physically restrain an inmate may only be used in prescribed circumstances and in accordance with prescribed procedures.

Search of inmates

13 (1) On admission, entry or return of an inmate to a correctional centre, an authorized person must conduct a search of the inmate and any personal possessions, including clothing, that the inmate may be carrying or wearing.

(2) For the purpose of detecting contraband, an authorized person may without individualized suspicion conduct periodic searches of

(a) an inmate and any personal possessions, including clothing, that the inmate may be carrying or wearing, and

(b) the inmate's cell and its contents.

(3) If an authorized person believes on reasonable grounds that an inmate may be in possession of contraband or evidence relating to an offence under section 17 (1), the authorized person may conduct a search of any of the following, as necessary in the circumstances:

(a) the inmate and any personal possessions, including clothing, that the inmate may be carrying or wearing;

(b) the inmate's cell and its contents.

(4) A search under subsection (1), (2) or (3) may include a strip search conducted in accordance with the regulations.

(5) A strip search of an inmate must be conducted by an authorized person of the same sex as the inmate unless the delay that would be caused by complying with this requirement would result in danger to human life or safety.

Search and detention of visitors

14 (1) Subject to subsection (2), an authorized person may, for security or safety purposes and without individualized suspicion, conduct routine searches of a visitor entering or leaving or in the correctional centre and of any personal possessions, including clothing, that the visitors may be carrying or wearing.

(2) If a visitor refuses to undergo a search under subsection (1), the authorized person may

(a) prohibit a contact visit with an inmate and authorize a non-contact visit, or

(b) request the visitor to leave the correctional centre immediately.

(3) A visitor must comply with a request made under subsection (2) (b).

(4) If an authorized person believes on reasonable grounds that a visitor is carrying contraband or is in possession of evidence relating to an offence under section 17 (1),

(a) the authorized person may, with the visitor's consent, conduct a search of the visitor and any personal possessions, including clothing, that the visitor may be wearing or carrying, in order to find the contraband or evidence, or

(b) the person in charge of the correctional centre may authorize the detention of the visitor in order to obtain the services of the police.

(5) With the visitor's consent, a search under subsection (4) (a) may include a strip search conducted in accordance with the regulations.

(6) A strip search of a visitor must be conducted by an authorized person of the same sex as the visitor unless the delay that would be caused by complying with this requirement would result in danger to human life or safety.

(7) If contraband or evidence relating to an offence under section 17 (1) is found in a search under subsection (1) or (4) (a) of this section, the person in charge of the correctional centre may authorize the further detention of the visitor in order to obtain the services of the police.

(8) A person detained under this section must

(a) be informed promptly of the reasons for the detention and of his or her right to retain and instruct counsel, and

(b) be given a reasonable opportunity to retain and instruct counsel.

Search and detention of staff members

15 (1) An authorized person may without individualized suspicion conduct

(a) routine searches, authorized for security or safety purposes by the person in charge of the correctional centre, of staff members entering or leaving or in the correctional centre and of any personal possessions, including clothing, that staff members may be carrying or wearing, and

(b) random searches, authorized for security or safety purposes by the person in charge of the correctional centre of staff members' lockers.

(2) A staff member must not impede or obstruct an authorized person conducting a search under subsection (1).

(3) If an authorized person believes on reasonable grounds that a staff member is carrying contraband or is in possession of evidence relating to an offence under section 17 (1),

(a) the authorized person may, with the staff member's consent, conduct a search of the staff member, the staff member's locker in the correctional centre and any personal possessions, including clothing, that the staff member may be wearing or carrying, in order to find the contraband or evidence, or

(b) the person in charge of the correctional centre may authorize the detention of the staff member in order to obtain the services of the police.

(4) With the staff member's consent, a search under subsection (3) (a) may include a strip search conducted in accordance with the regulations.

(5) A strip search of a staff member must be conducted by an authorized person of the same sex as the staff member unless the delay that would be caused by complying with this requirement would result in danger to human life or safety.

(6) If contraband or evidence relating to an offence under section 17 (1) is found in a search under subsection (1) or (3) (a) of this section, the person in charge of the correctional centre may authorize the further detention of the staff member in order to obtain the services of the police.

(7) A staff member detained under this section must

(a) be informed promptly of the reasons for the detention and of his or her right to retain and instruct counsel, and

(b) be given a reasonable opportunity to retain and instruct counsel.

Search of vehicles

16 (1) An authorized person may without individualized suspicion conduct routine visual inspections or searches of vehicles that are on the property of a correctional centre.

(2) If an authorized person believes on reasonable grounds that a vehicle entering, leaving or on the property of a correctional centre has been used, is about to be used or is being used in the commission of an offence under section 17 (1), the authorized person may conduct a search of the vehicle and its contents in accordance with the regulations.

Contraband and trespassing offences

17 (1) A person commits an offence if at a correctional centre the person possesses, delivers or sends to or receives from an inmate anything that is referred to in paragraph (a), (b) or (c) of the definition of "contraband" in section 1.

(2) A person commits an offence if the person trespasses on the grounds, buildings or other premises belonging or related to a correctional centre.

Powers of seizure and disposition of things seized

18 (1) A staff member may seize an object or substance if the staff member believes on reasonable grounds that the object or substance is contraband or evidence relating to an offence under section 17 (1).

(2) As soon as practicable after an object or a substance is seized under subsection (1), the staff member must

(a) make a record describing the object or substance and the circumstances in which it was seized, and

(b) deposit the object or substance in a secure place at the correctional centre.

(3) Section 23 (4) of the Offence Act applies if an object or substance seized under subsection (1) is required as evidence in a trial, inquiry or proceeding other than a hearing referred to in section 33 (2) (n) of this Act.

(4) The person in charge of the correctional centre must return an object or substance seized under subsection (1) to its owner if

(a) it is in the custody or control of the person in charge of the correctional centre,

(b) it is not contraband or evidence relating to an offence under section 17 (1), and

(c) there is no dispute about who owns it.

(5) If an object or substance is seized from an inmate under subsection (1) and the object or substance is contraband but its possession outside the correctional centre would be lawful, the person in charge of the correctional centre may direct that

(a) the object or substance be kept in a secure place at the correctional centre and returned to the inmate on his or her release from custody,

(b) the inmate be given 30 days to make arrangements for the disposal or safekeeping of the object or substance outside the correctional centre, or

(c) the object or substance be disposed of if

(i) it is of a perishable nature and subject to spoilage,

(ii) it will deteriorate in value if kept,

(iii) its custody involves unreasonable expense or inconvenience,

(iv) keeping it is unsafe, or

(v) it is dangerous to life, health or property.

(6) An object or substance seized under subsection (1) is forfeited to the government in accordance with the regulations if

(a) within 30 days after being notified of its seizure, the owner does not request its return,

(b) the owner cannot be located and 3 months have passed since the seizure,

(c) the object or substance is determined to be contraband in a hearing referred to in section 33 (2) (n) and possession of it outside the correctional centre would be unlawful, or

(d) in the case of an owner who is an inmate,

(i) possession of it by the inmate would constitute possession of contraband, and

(ii) the inmate has not arranged for the disposal or safekeeping of the object or substance outside the correctional centre within 30 days after being given the opportunity to do so in accordance with subsection (5) (b).

Inmate communication

19 (1) An authorized person may restrict, intercept, monitor or record inmate communication in accordance with this section and the regulations.

(2) An authorized person may without individualized suspicion intercept or record inmate communication.

(3) An authorized person may restrict, intercept or monitor inmate communication if one or more of the following apply:

(a) the authorized person has reasonable grounds to believe that the inmate is

(i) involved in illegal activities,

(ii) harassing or causing harm to others, or

(iii) participating in an activity that may jeopardize the safety, security or operation of the correctional centre;

(b) a court order restricts or prohibits communication or contact between the inmate and the other person;

(c) the other person has indicated to the authorized person that he or she does not wish to communicate with the inmate.

(4) If inmate communication has been restricted, an authorized person must as soon as practicable inform the inmate in writing and give the reasons under subsection (3) for the restriction.

Urinalysis

20 (1) An authorized person may demand that an inmate submit to urinalysis

(a) at any time, if the authorized person believes on reasonable grounds that the inmate has taken an intoxicant into the inmate's body, or

(b) if abstention from an intoxicant is a condition of a temporary absence, work program, voluntary treatment program or conditional release and urinalysis is required to monitor an inmate's compliance with the condition,

(i) at regular intervals, or

(ii) at any time, if the authorized person believes on reasonable grounds that the inmate has breached the condition.

(2) An authorized person who makes a demand under this section must

(a) first inform the inmate of the basis of the demand and the consequences of failure to comply with the demand, and

(b) carry out the demand and take the sample in accordance with the regulations.

 
Division 4 -- Absences, Employment and Remission

Attendance of inmate outside centre

21 (1) The minister may authorize the employment or attendance of an inmate for any specific work, duty or purpose beyond the limits of a correctional centre.

(2) The degree of supervision of the inmate must be determined by the person in charge of the correctional centre.

(3) During the employment or attendance referred to in subsection (1), the inmate is subject to the rules, regulations and discipline of the correctional centre, as applicable, and must obey all instructions given to him or her by the person in charge of the correctional centre.

Temporary absences

22 (1) The minister may authorize an inmate to be absent from a correctional centre with or without escort, subject to any conditions that the minister considers appropriate, if in the minister's opinion the absence is necessary or desirable

(a) for medical, educational or humanitarian reasons, or

(b) to assist in the rehabilitation of the inmate.

(2) A temporary absence under this section may be authorized for a maximum period of 60 days and may be renewed by the minister for one or more periods of a maximum of 60 days on reassessment of the case.

(3) Despite subsection (2), a temporary absence for medical reasons may be authorized for an unlimited period.

(4) The minister may delegate the minister's powers and duties under this section to the Board of Parole for the Province of British Columbia continued under section 2 of the Parole Act.

(5) If a power or duty of the minister is delegated to the Board of Parole under subsection (4), the Board of Parole may not delegate that power or duty to another person.

Work programs

23 (1) The minister may establish and administer work programs.

(2) The Employment Standards Act, the Labour Relations Code and the Public Service Labour Relations Act do not apply to inmates in respect of or due to their participation in a work program.

Corrections Work Program Account

24 (1) In this section, "account" means the Corrections Work Program Account continued under subsection (2).

(2) The Corrections Work Program Account is continued as a special account in the general fund of the consolidated revenue fund.

(3) Money in the account must be managed and accounted for in accordance with any directives that Treasury Board may issue from time to time and may, without an appropriation other than this section, be spent for work programs.

(4) There must be credited to the account

(a) money authorized by the Treasury Board for the purposes of the account, and

(b) subject to the directives of Treasury Board, all money received by the government from operation of the work programs or by way of return on money expended from the account.

Work release and work program

25 (1) If the minister authorizes an inmate's absence from a correctional centre in order to be employed for wages, the minister may require that any wages earned by the inmate from this employment be applied in the manner set out in subsections (4) and (5).

(2) If an inmate receives compensation as a result of his or her participation in a work program, the minister may require that the compensation received by the inmate be applied in the manner set out in subsections (4) and (5).

(3) If an inmate is employed for wages outside of a correctional centre or is participating in a work program inside or outside of a correctional centre, the minister may require

(a) the employer of the inmate, or

(b) the person who is paying compensation to the inmate

to forward the total amount owed to the inmate, less deductions required by law, to the person in charge of the correctional centre.

(4) The person in charge of the correctional centre must, subject to the minister's approval, disburse the money received by the inmate for the following purposes in descending order of priority:

(a) the maintenance and support of the inmate's dependants in sums the minister may direct;

(b) the actual cost of travel expenses and meals for the inmate;

(c) the cost of keeping the inmate at the correctional centre;

(d) any other expense that the minister considers is in the best interest of the inmate or the dependants of the inmate.

(5) The person in charge of the correctional centre must credit any balance remaining to the account of the inmate to be paid to him or her on his or her release from custody.

(6) Despite subsections (4) and (5), the person in charge of the correctional centre may waive or vary the manner of disbursing the earnings of the inmate received by the person in charge in any way that the person in charge, in his or her discretion, considers necessary for the benefit of the inmate or the dependants of the inmate.

(7) The person in charge of the correctional centre receiving money under this section must keep proper records of its receipt and disbursement and account to the inmate on his or her release from custody.

Earned remission

26 An inmate who is serving a sentence for civil contempt or for an offence under an enactment may be credited with earned remission in accordance with the regulations.

 
Division 5 -- Inspection and Investigation

Inspections

27 (1) The minister must provide for the inspection of each correctional centre on a periodic basis that the minister considers appropriate in the circumstances.

(2) The minister or a person conducting an inspection under this section may at any time

(a) enter a correctional centre, and

(b) access any part of the correctional centre.

(3) The minister or person conducting the inspection may examine any thing or any record, except a medical record of an inmate, in the correctional centre.

Investigations

28 (1) The minister must maintain the Investigation and Standards Office.

(2) The director

(a) may delegate in writing one or more of the director's powers and duties to an employee of the Investigation and Standards Office,

(b) must investigate a matter respecting the administration of this Act on the written request of the minister,

(c) may investigate a matter respecting the administration of this Act on the director's own motion,

(d) must, subject to subsection (3), investigate complaints about the administration of this Act as it affects the complainant, on receiving a written complaint from

(i) an inmate,

(ii) a person on probation under this Act or on parole under the Parole Act, or

(iii) a person who is subject to a conditional sentence,

(e) must report his or her findings under paragraph (b), (c) or (d) in writing to the minister,

(f) has, for the purposes of paragraphs (b), (c) and (d), all the powers, privileges, and protections of a commissioner under sections 12, 15 and 16 of the Inquiry Act, and

(g) is entitled to access at any time to

(i) a correctional centre and an inmate,

(ii) a person appointed or approved under section 2 or 3 or a staff member, and

(iii) a file or document under the custody and control of the ministry.

(3) The director may refuse to investigate a complaint or may stop or postpone investigation of a complaint if the director considers that the complaint is frivolous, vexatious or trivial or is not made in good faith.

(4) An employee to whom a power or duty is delegated under subsection (2) (a) may not delegate that power or duty to another person.

Offence of obstructing inspections or investigations

29 (1) A person must not obstruct or impede or refuse to admit the minister or a person conducting an inspection under section 27 or a person conducting an investigation under section 28.

(2) A person must not aid or assist a person in obstructing or impeding or refusing to admit the minister or a person conducting an inspection under section 27 or a person conducting an investigation under section 28.

(3) A person who contravenes subsection (1) or (2) commits an offence.

 
Division 6 -- Unlawfully at Large

Unlawfully at large

30 If an inmate whose absence from a correctional centre is authorized under section 21 or 22 fails to return to the correctional centre when instructed to do so, the inmate is deemed to be at large without lawful excuse and may be apprehended, with or without a warrant, by a peace officer and returned to custody.

 
Part 3 -- General

Application of Offence Act

31 Section 5 of the Offence Act does not apply to this Act.

Shared facility agreements

32 (1) In this section:

"police prisoner" means a person who is detained in custody but has not been remanded or committed to custody by a court;

"shared facility" means a correctional centre that also contains facilities for the detention of police prisoners.

(2) On behalf of the government, the minister may enter into an agreement with the City of Vancouver

(a) respecting the establishment, building, management, operation and security of a shared facility in the City of Vancouver,

(b) respecting the provision of detention, security and ancillary services for the shared facility, and

(c) for reimbursement of expenses incurred by the government or the City of Vancouver in relation to those matters under paragraphs (a) and (b).

Power to make regulations

33 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) for the management, operation, and security of correctional centres;

(b) prescribing the powers and duties of persons employed in or about a correctional centre and the qualifications, powers and duties of probation officers;

(c) establishing a process for receiving and responding to inmate complaints;

(d) respecting the separate confinement or segregation of inmates;

(e) respecting the use of force and physical restraint devices on inmates;

(f) respecting searches under sections 13 to 16, including, without limitation, strip searches;

(g) specifying the manner in which a demand that an inmate submit to urinalysis be carried out and a urine sample be taken;

(h) governing visits to inmates in correctional centres and the conduct of visitors while in a correctional centre;

(i) respecting the disposal of

(i) unclaimed property abandoned by an inmate at a correctional centre, including, without limitation, providing for the forfeiture of the property to the government, and

(ii) property forfeited under section 18 (6);

(j) for the diet, clothing, maintenance, accommodation, employment and training of inmates;

(k) establishing rules governing the conduct of inmates in a correctional centre;

(l) providing that an inmate's breach of a rule referred to in paragraph (k) is a matter in respect of which the inmate may be disciplined;

(m) establishing and providing for an informal resolution process that may be employed in relation to breaches of rules referred to in paragraph (k);

(n) respecting hearings in relation to an alleged breach of the rules referred to in paragraph (k), including, without limitation, the practices and procedures for the hearings;

(o) establishing and providing for a range of penalties for breaches of rules referred to in paragraph (k) and specifying criteria to be applied by a person presiding over a disciplinary hearing in imposing a penalty from the range of penalties established;

(p) prescribing allowances for persons who preside over disciplinary hearings who are not employees under the Public Service Act;

(q) establishing a process for reconsideration of a penalty imposed in a disciplinary hearing, and the powers and duties of a person conducting the reconsideration;

(r) establishing a process for review of a decision made in a disciplinary hearing, and the powers and duties of a person conducting the review;

(s) respecting the restriction, interception, monitoring or recording of inmate communication;

(t) providing for the handling, retention and disposal of inmate communication that is intercepted or recorded;

(u) specifying communications between an inmate and another person that are privileged;

(v) respecting procedures that an authorized person must follow, and specifying criteria that an authorized person must apply, to examine an inmate communication and determine whether it is a privileged communication;

(w) governing inmates who are authorized to be absent from a correctional centre;

(x) specifying criteria for crediting earned remission, failing to earn remission and forfeiting earned remission and providing for the appointment and duties of remission awards assessors and reviews of their decisions;

(y) respecting the inspection of correctional centres;

(z) defining words or expressions used but not defined in this Act.

(3) The minister must post, in legible characters and in conspicuous parts of a correctional centre, copies of regulations made under subsection (2) that relate to the treatment, conduct and discipline of inmates.

(4) Despite the Public Service Act or any other Act, the Lieutenant Governor in Council may make regulations as follows:

(a) prescribing the compulsory retirement age for a person holding an appointment under section 2 (1) (a) or (b) and employed in a correctional centre;

(b) specifying the qualifications that are necessary to be exempted from a regulation under paragraph (a) and tests that measure the ability of a person holding an appointment to

(i) exercise the powers and duties of the appointment, and

(ii) contribute to the maintenance of safety and security and the management and operation of a correctional centre.

(5) Regulations made under subsection (2) (k) may be different for different correctional centres.

(6) A regulation under subsection (4) may

(a) be made applicable generally or to a specific class of persons,

(b) for the purposes of the regulation, define classes of persons, and

(c) provide differently for different classes of persons.

Repeal

34 The Correction Act, R.S.B.C. 1996, c. 74, is repealed.

 
Consequential Amendments

Parole Act

35 Section 1 of the Parole Act, R.S.B.C. 1996, c. 346, is amended in the definition of "earned remission" by striking out "section 19 of the Correction Act" and substituting "section 26 of the Correction Act".

 
Youth Justice Act

36 Section 1 of the Youth Justice Act, S.B.C. 2003, c. 85, is amended by adding the following definitions:

"authorized person" means the person in charge of the youth custody centre and includes

(a) a staff member designated by the person in charge of the youth custody centre to exercise the powers and perform the duties and functions under section 32.1, 32.2, 32.3, 32.4, 32.5 or 34, and

(b) a member of a class of persons designated by the person in charge of the youth custody centre to exercise the powers and perform the duties and functions under section 32.1, 32.2, 32.3, 32.4, 32.5 or 34;

"young person communication" means communication by mail or electronic means between a young person and another person, other than a privileged communication specified under section 44 (2) (l.2); .

37 Section 25 is amended by striking out "and" at the end of paragraph (e) and by adding the following paragraph:

(e.1) has the powers and duties of a probation officer under section 4 of the Correction Act, as applicable and required, and .

38 Section 26 is repealed and the following substituted:

Protection of officials in duties

26 (1) No action for damages lies or may be brought against a person holding an appointment under section 24 (1) (a) or (b) because of anything done or omitted

(a) in the performance or intended performance of a duty under this Act, or

(b) in the exercise or intended exercise of a power under this Act,

unless the thing was done or omitted in bad faith.

(2) Subsection (1) does not absolve the government from vicarious liability for an act or omission for which it would be vicariously liable if this section were not in force.

39 Section 27 is repealed.

40 The following Division is added to Part 4:

Division 1.1 -- Security Measures

Search of young persons

32.1 (1) On admission, entry or return of a young person to a youth custody centre, an authorized person must conduct a search of the young person and any personal possessions, including clothing, that the young person may be carrying or wearing.

(2) For the purpose of detecting contraband, the authorized person may without individualized suspicion conduct periodic searches of

(a) a young person and any personal possessions, including clothing, that the young person may be carrying or wearing, and

(b) the young person's room and its contents.

(3) If an authorized person believes on reasonable grounds that a young person may be in possession of contraband or evidence relating to an offence under section 33, the authorized person may conduct a search of any of the following, as necessary in the circumstances:

(a) the young person and any personal possessions, including clothing, that the young person may be carrying or wearing;

(b) the young person's room and its contents.

(4) A search under subsection (1) or (3) may include a strip search conducted in accordance with the regulations.

(5) A strip search of a young person must be conducted by an authorized person of the same sex as the young person unless the delay that would be caused by complying with this requirement would result in danger to human life or safety.

Search and detention of visitors

32.2 (1) Subject to subsection (2), an authorized person may, for security or safety purposes and without individualized suspicion, conduct routine searches of a visitor entering or leaving or in the youth custody centre and of any personal possessions, including clothing, that the visitors may be carrying or wearing.

(2) If a visitor refuses to undergo a search under subsection (1), the authorized person may

(a) prohibit a contact visit with a young person and authorize a non-contact visit, or

(b) request the visitor to leave the youth custody centre immediately.

(3) A visitor must comply with a request made under subsection (2) (b).

(4) If an authorized person believes on reasonable grounds that a visitor is carrying contraband or is in possession of evidence relating to an offence under section 33,

(a) the authorized person may, with the visitor's consent, conduct a search of the visitor and any personal possessions, including clothing, that the visitor may be wearing or carrying, in order to find the contraband or evidence, or

(b) the person in charge of the youth custody centre may authorize the detention of the visitor in order to obtain the services of the police.

(5) With the visitor's consent, a search under subsection (4) (a) may include a strip search conducted in accordance with the regulations.

(6) A strip search of a visitor must be conducted by an authorized person of the same sex as the visitor unless the delay that would be caused by complying with this requirement would result in danger to human life or safety.

(7) If contraband or evidence relating to an offence under section 33 is found in a search under subsection (1) or (4) (a) of this section, the person in charge of the youth custody centre may authorize the further detention of the visitor in order to obtain the services of the police.

(8) A person detained under this section must

(a) be informed promptly of the reasons for the detention and of his or her right to retain and instruct counsel, and

(b) be given a reasonable opportunity to retain and instruct counsel.

Search and detention of staff members

32.3 (1) In this section, "staff member" includes a person providing a service in a youth custody centre under a contract with the minister.

(2) An authorized person may without individualized suspicion conduct

(a) routine searches, authorized for security or safety purposes by the person in charge of the youth custody centre, of staff members entering or leaving or in the youth custody centre and of any personal possessions, including clothing, that staff members may be carrying or wearing, and

(b) random searches, authorized for security or safety purposes by the person in charge of the youth custody centre, of staff members' lockers.

(3) A staff member must not impede or obstruct an authorized person conducting a search under subsection (2).

(4) If an authorized person believes on reasonable grounds that a staff member is carrying contraband or is in possession of evidence relating to an offence under section 33,

(a) the authorized person may, with the staff member's consent, conduct a search of the staff member, the staff member's locker in the youth custody centre and any personal possessions, including clothing, that the staff member may be wearing or carrying, in order to find the contraband or evidence, or

(b) the person in charge of the youth custody centre may authorize the detention of the staff member in order to obtain the services of the police.

(5) With the staff member's consent, a search under subsection (4) (a) may include a strip search conducted in accordance with the regulations.

(6) A strip search of a staff member must be conducted by an authorized person of the same sex as the staff member unless the delay that would be caused by complying with this requirement would result in danger to human life or safety.

(7) If contraband or evidence relating to an offence under section 33 is found in a search under subsection (2) or (4) (a) of this section, the person in charge of the youth custody centre may authorize the further detention of the staff member in order to obtain the services of the police.

(8) A person detained under this section must

(a) be informed promptly of the reasons for the detention and of his or her right to retain and instruct counsel, and

(b) be given a reasonable opportunity to retain and instruct counsel.

Search of vehicles

32.4 (1) An authorized person may without individualized suspicion conduct routine visual inspections or searches of vehicles that are on the property of a youth custody centre.

(2) If an authorized person believes on reasonable grounds that a vehicle entering, leaving or on the property of a youth custody centre has been used, is about to be used or is being used in the commission of an offence under section 33, the authorized person may conduct a search of the vehicle and its contents in accordance with the regulations.

Young person communication

32.5 (1) An authorized person may restrict, intercept, monitor or record young person communication in accordance with this section and the regulations.

(2) An authorized person may without individualized suspicion intercept or record young person communication.

41 Section 34 is repealed and the following substituted:

Powers of seizure and disposition of things seized

34 (1) A staff member may seize an object or substance if the staff member believes on reasonable grounds that the object or substance is contraband or evidence relating to an offence under section 33.

(2) As soon as practicable after an object or substance is seized under subsection (1), the staff member must

(a) make a record describing the object or substance and the circumstances in which it was seized, and

(b) deposit the object or substance in a secure place at the youth custody centre.

(3) Section 23 (4) of the Offence Act applies if an object or substance seized under subsection (1) is required as evidence in a trial, inquiry or proceeding other than for the purposes of a regulation under section 44 (2) (e), (h), (m) or (n).

(4) The person in charge of the youth custody centre must return an object or substance seized under subsection (1) to its owner if

(a) it is in the custody or control of the person in charge of the youth custody centre,

(b) it is not contraband or evidence relating to an offence under section 33, and

(c) there is no dispute about who owns it.

(5) If an object or substance is seized from a young person under subsection (1) and the object or substance is contraband but its possession outside the youth custody centre would be lawful, the person in charge of the youth custody centre may direct that

(a) the object or substance be kept in a secure place at the youth custody centre and returned to the young person on his or her release from custody,

(b) the young person be given 30 days to make arrangements for the disposal or safekeeping of the object or substance outside the youth custody centre, or

(c) the object or substance be disposed of if

(i) it is of a perishable nature and subject to spoilage,

(ii) it will deteriorate in value if kept,

(iii) its custody involves unreasonable expense or inconvenience,

(iv) it is unsafe to keep, or

(v) it is dangerous to life, health or property.

(6) An object or substance seized under subsection (1) is forfeited to the government in accordance with the regulations if

(a) within 30 days after being notified of its seizure, the owner does not request its return,

(b) the owner cannot be located and 3 months have passed since the seizure,

(c) the object or substance is contraband and possession of it outside the youth custody centre would be unlawful, or

(d) in the case of an owner who is a young person,

(i) possession of it by the young person would constitute possession of contraband, and

(ii) the young person has not arranged for the disposal or safekeeping of the object or substance outside the youth custody centre within 30 days after being given the opportunity to do so in accordance with subsection (5) (b).

42 Section 35 (6) is amended by adding ", except for the purposes of section 33 (d)" after "must be considered a portion of a youth custody centre for the purposes of this Act".

43 Section 44 (2) is amended

(a) by adding the following paragraphs:

(k.1) respecting searches under sections 32.1 to 32.4, including, without limitation, strip searches;

(q) defining words or expressions used but not defined in this Act. ,

(b) by repealing paragraph (l) and substituting the following:

(l) respecting the restriction, interception, monitoring or recording of young person communication;

(l.1) providing for the handling, retention and disposal of young person communication that is intercepted or recorded;

(l.2) specifying communications between a young person and another person that are privileged;

(l.3) respecting procedures that an authorized person must follow and specifying criteria that an authorized person must apply, to examine a young person communication and determine whether it is a privileged communication; , and

(c) by adding the following subsections:

(3) Despite the Public Service Act or any other Act, the Lieutenant Governor in Council may make regulations as follows:

(a) prescribing the compulsory retirement age for a person holding an appointment under section 24 (1) (a) or (b) and employed in a youth custody centre;

(b) specifying the qualifications that are necessary to be exempted from a regulation under paragraph (a) and tests that measure the ability of a person holding an appointment to

(i) exercise the powers and duties of the appointment, and

(ii) contribute to the maintenance of safety and security and the management and operation of a youth custody centre.

(4) A regulation under subsection (3) may

(a) be made applicable generally or to a specific class of persons,

(b) for the purposes of the regulation, define classes of persons, and

(c) provide differently for different classes of persons.

Commencement

44 This Act comes into force by regulation of the Lieutenant Governor in Council.