AR 322/2009 YOUTH JUSTICE DESIGNATION REGULATION (Consolidated up to 170/2012)
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
12 Expiry
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) Chief Probation Officer;
(vii) Assistant Chief Probation Officer;
(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, Community and Neighbourhood Services, who holds a position with a title as follows:
(i) Director, Community and Neighbourhood Services;
(ii) Manager, Children and Youth Services Division;
(iii) Supervisor, Children and Youth Services Division;
(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
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(vi), (vii) repealed AR 322/2009 s13;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 Community and Neighbourhood Services, Children and Youth Services Division, City of Calgary;
(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
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.
Expiry
12 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on March 31, 2017.
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.
