Correctional Services Regulations

Link to law: https://www.novascotia.ca/just/regulations/regs/CORserv.htm

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Correctional Services Regulations
made under Section 94 of the

Correctional Services Act

S.N.S. 2005, c. 37

O.I.C. 2006-317 (June 28, 2006), N.S. Reg. 99/2006

as amended to O.I.C. 2015-96 (March 31, 2015, effective April 1, 2015), N.S. Reg. 89/2015

 

Table of Contents

Text of Regulations

Citation

Definitions

Compassionate Allowance

Application for compassionate allowance

Payment of compassionate allowance

Personnel

Criminal and background checks for prospective employees

Certification for prospective employees

Scope of employees’ responsibilities

Employee must notify Executive Director of arrest

Screening personnel for intoxicants

Inspectors’ qualifications

Confidentiality

Oath of office for employees

Code of Professional Conduct for Employees

Code of Professional Conduct established

Responsibly performing duties

Conduct and deportment

Positive work environment

Relationships with offenders

Conflict of interest

Public comments and activities

Consequences of non-compliance with Code

Weapons and Security Equipment

Restricted or prohibited weapon in correctional facility

Restricted or prohibited weapon in Correctional Services Division office

Security equipment for use to control offenders in custody

Security equipment for use by probation officers

Complaints

Designated employee for complaints

Acknowledging complaint

Investigating complaint

When complaint not required to be investigated

Deadline for resolving or referring complaint

Complaint appeal process

Community Corrections

Community corrections admission procedures

Conditions for community supervision

Screening offender under community supervision for intoxicants

Access to Correctional Facilities

Search warning must be posted at entrance

Mobile communication devices and computers

Operating vehicle at correctional facility

Times for visits

Visitor identification

Visit must be supervised

Superintendent may deny or suspend visiting privileges

Prohibited visitor activities

Prohibited visitors

Regulations and rules for visits must be posted

Admission to Correctional Facility

No admission to correctional facility without committal order

Correctional facility admission procedures

Offender’s Money and Property

Documenting and securing offender’s money and property

Offender must not possess money

Superintendent must establish account for offender

Money credited to offender’s account

Transactions to and from offender’s account

Offender’s property in safekeeping

Restrictions on offender property

Administering deceased offender’s money and property

Offender’s Entitlements

Clothing and amenities

Meals

Exercise

Request to see superintendent

Telephone Communications and Correspondence

Additional exemptions for telephone communications

When superintendent may restrict telephone communications

Certain correspondence exempt from inspection

Superintendent may prohibit possession of certain publications

Searches

Authorized employee for searches

Routine search on re-admission to correctional facility

Manner of conducting searches

If offender’s property seized or damaged in search

Conducting and observing strip search

Record of search

Seizing and Disposing of Contraband

Temporary restriction of offender believed to be carrying contraband

Disposing of contraband

Disposing of contraband if lawful outside correctional facility

Return of seized object or substance that is not contraband

Forfeit of seized object or substance

Supervising Offenders in Custody

Male employees in female offender units

Male employees escorting female offenders

Interviewing female offenders

Video surveillance tapes of female offenders

Screening offenders in custody for intoxicants

Conditions for confinement of offenders in custody

Review of close confinement

Privileges in close confinement

Employee must report use of force

Serious illness of an offender in correctional facility

Death of an offender in correctional facility

Disciplinary Rules and Procedures

Prescribed purposes for disciplinary rules and procedures

Disciplinary rules established by superintendent

Notice of disciplinary rules and procedures

Temporary Measures and Disciplinary Report

Employee’s actions on ascertaining disciplinary offence

Supervisor may revoke or vary temporary measure imposed by employee

Copy of discipline offence report to offender

Hearings and Penalties

When superintendent may consult with police

Penalty whether or not subject of court proceeding

Disciplinary hearing procedure

Disciplinary hearing in absence of offender

Imposing penalty

Notification of decision

When penalty enforceable

Review of penalty by superintendent

Appeal to Executive Director of superintendent’s decision

Conditional Release

Designated employee for authorizing conditional releases

Application for conditional release

Maximum time period for conditional release

Amounts charged to offenders on conditional release

Conditional release certificate

Offender must consent to terms and conditions of conditional release

Suspension of conditional release

Procedure for appealing conditional release decision

Death of offender on conditional release

Discharge and Release

Offender kept in correctional facility after sentence expires

Ex-offender not treated as offender

Returning offender’s money and property on discharge

Disposing of unclaimed money and property

Transportation and clothing for offender on discharge

Citation

1     These regulations may be cited as the Correctional Services Regulations.

Definitions

2     In these regulations,

 

                (a)    “Act” means the Correctional Services Act;

 

                (b)    “complaint” means a written complaint made by an offender under subsection24(2) of the Act;

 

                (c)    “disciplinary report” means a report completed by an employee under Section88 about an offender who has breached a rule;

 

                (d)    “penalty” means a penalty imposed on an offender by a superintendent underSection 70 of the Act for breach of a rule;

 

                (e)    “seized” means seized by an authorized employee in accordance with Section65 of the Act;

 

                (f)    “superintendent” means a superintendent as defined in clause 2(ae) of the Act,and

 

                         (i)     in relation to an offender, means the superintendent of the correctionalfacility in which the offender is in custody,

 

                         (ii)    in relation to an employee or a volunteer, means the superintendent ofthe correctional facility in which the employee works or the volunteervolunteers,

 

                         (iii)   in relation to a correctional facility, means the superintendent of thatcorrectional facility.

Compassionate Allowance

Application for compassionate allowance

3     A person who seeks a compassionate allowance under Section 9 of the Act must apply inwriting to the Minister and must provide the Minister with all of the following:

 

                (a)    proof to the Minister’s satisfaction of injury or damage;

 

                (b)    documentation that the Minister considers sufficient to justify the amount ofcompassionate allowance sought;

 

                (c)    a release of the person’s legal claims to a remedy for injury or damage.

Payment of compassionate allowance

4     A compassionate allowance may be paid in money, in kind or in services.

Personnel

Criminal and background checks for prospective employees

5     (1)    A prospective employee must consent to criminal and background checks, includingtesting and interviews.

 

       (2)    A person must not be appointed as an employee in any of the followingcircumstances:

 

                (a)    if criminal and background checks show that the person has been convicted ofany criminal offence for which they have not received a pardon that remains ineffect;

 

                (b)    if criminal charges are pending against the person;

 

                (c)    if the person’s employment duties would include working with persons underthe age of 18 and the person is registered with the Child Abuse Registry.

Certification for prospective employees

6     (1)    Each prospective employee must hold valid first aid and cardiopulmonaryresuscitation certificates before beginning employment, if on employment theirposition would be in a class designated by the Executive Director as requiring thosecertificates.

 

       (2)    Each prospective employee must hold a valid driver’s license before beginningemployment, if on employment their position would be in a class designated by theExecutive Director as requiring a driver’s license.

Scope of employees’ responsibilities

7     (1)    An employee is responsible for the delivery of any correctional services that

 

                (a)    are assigned to the employee in accordance with policies and procedures,standard operating procedures or post orders; or

 

                (b)    they are directed by their supervisor to deliver.

 

       (2)    An employee must be able and willing to perform duties outside the regular scope oftheir employment if required in an emergency.

Employee must notify Executive Director of arrest

8     An employee who is questioned or charged by the police in connection with allegedcriminal activity on the employee’s part must notify the Executive Director no later than72 hours after the time of either of the following occurrences:

 

                (a)    the questioning or being charged by the police;

 

                (b)    the decision in any criminal proceedings against them.

Screening personnel for intoxicants

9     If the Executive Director subjects an employee, assistant probation officer or volunteer toan intoxicant screening test in accordance with Section 90 of the Act, the ExecutiveDirector must

 

                (a)    inform the employee, assistant probation officer or volunteer of the reason forand the consequences of the test, including the consequences of failure tocomply with the testing procedure; and

 

                (b)    forward each sample submitted for intoxicant screening to an authorizedtesting facility for testing.

Inspectors’ qualifications

10   Before designating a person or a class of persons as an inspector under Section 20 of theAct, the Minister must be satisfied that the person or each member of the class of personshas the appropriate qualifications to carry out the duties of an inspector.

Confidentiality

11   Each employee, volunteer and assistant probation officer and each person making aninspection, investigation or inquiry under the Act or these regulations must keepconfidential all matters that come to their knowledge in the course of their duties and,except as may be permitted by law or with the permission of the Executive Director, must

 

                (a)    not communicate any information about the workplace or about an offender,unless communicating the information is required in the course of their duties;

 

                (b)    not communicate with or provide information to agents of the news mediaabout policies, incidents or other circumstances relating to functions performedby the Correctional Services Division without authorization from the Directorof Communications for the Division;

 

                (c)    properly safeguard all documents, reports, directives, manuals and any otherwritten material published, distributed or circulated by the CorrectionalServices Division;

 

                (d)    not remove any original or copy of a ledger, journal, report or record from aCorrectional Services Division office or correctional facility;

 

                (e)    disclose confidential information only if obligated to disclose it, and only inaccordance with policies and procedures;

 

                (f)    not use confidential information obtained in the course of duty for actual oranticipated gain;

 

                (g)    not write a letter for, make a telephone call for or in any other manner relay orconvey a written or verbal message to or from an offender who is in custody ina correctional facility, except as necessary to convey a messsage to anotherperson on behalf of an offender who is unable to do so because of illness orother reason and as approved by the superintendent.

Oath of office for employees

12   An employee must make the following oath or affirmation before assuming their duties:

 

I, ____________________ , of _____________________, Nova Scotia, make oath andsay that I will well and truly serve our Sovereign Lady the Queen as a/an (insert positiontitle), and I will fairly and conscientiously discharge my duties under the law and will holdconfidential all information coming into my knowledge or possession except as may bepermitted by law.

Sworn to/Affirmed at ______________,Province of Nova Scotia, on
________________, 2____,
before me,

____________________________

A Commissioner of Oaths in and for

the Province of Nova Scotia

)
)
)
)
)
) __________________________

Code of Professional Conduct for Employees

Code of Professional Conduct established

13   The Code of Professional Conduct for employees is established as Sections 14 to 20.

Responsibly performing duties

14   An employee must perform their duties responsibly and do all of the following:

 

                (a)    ensure that a statement or record of attendance or the performance of a duty isaccurate before signing it;

 

                (b)    if employed in a correctional facility, be punctual and remain at their assignedpost unless authorized to leave;

 

                (c)    co-operate with any investigation that is conducted or authorized bysupervisory staff or that is conducted in accordance with Section 21 of the Act;

 

                (d)    obey lawful instructions that are written or otherwise issued by supervisorystaff;

 

                (e)    make reasonable efforts to avoid and prevent unjustified waste, loss or damageto any property in their professional care;

 

                (f)    not take or borrow for personal use any stores or supplies purchased by orsupplied to a correctional facility or community corrections office;

 

                (g)    if a supervisor, take appropriate action when an employee acts contrary to theCode of Professional Conduct;

 

                (h)    report to their supervisor any contraband seized in accordance with Section 65of the Act and Sections 69 to 73 ;

 

                (i)     restrict the use of force to that which is reasonable and necessary to carry outtheir duties, in accordance with Section 43 of the Act;

 

                (j)     take appropriate action, including the use of force in accordance with Section43 of the Act, if an offender does any of the following:

 

                         (i)     escapes or attempts to escape,

 

                         (ii)    assaults an employee, another offender or a member of the public,

 

                         (iii)   engages in any action likely to endanger life or property;

 

                (k)    adhere to established safety practices;

 

                (l)     promptly report a work accident;

 

                (m)   act carefully while on duty to prevent risk or harm to any person;

 

                (n)    properly account for and safeguard any public money or property or anymoney or property of any other person that comes into their possession in thecourse of their duties.

Conduct and deportment

15   An employee must demonstrate professional conduct and deportment and do all of thefollowing:

 

                (a)    display a professional appearance and deportment while on duty or while inuniform;

 

                (b)    if the employee must maintain a valid driver’s licence as a requirement ofemployment, notify their supervisor if their driver’s licence has been or will becancelled, suspended or removed;

 

                (c)    not consume or bring an intoxicant at or to the workplace;

 

                (d)    while on duty, be unimpaired by an intoxicant, which includes not displayingany indication of the prior consumption of an intoxicant;

 

                (e)    if the employee is on prescribed medication that may impede performance oftheir normal duties, advise their supervisor before assuming their duties;

 

                (f)    not use indecent or profane language while on duty;

 

                (g)    treat the public, other employees and offenders with respect, dignity andcourtesy within the work environment and in circumstances related to theemployee’s duties;

 

                (h)    if the employee’s duties require constant vigilance, not read, watch televison,play games or engage in any other attention-diverting activity that could detractfrom their ability to exercise vigilance;

 

                (i)     not sleep while on duty or be so positioned as to give the appearance ofsleeping;

 

                (j)     ensure that their uniform is neat and in good repair;

 

                (k)    wear the required uniform or otherwise meet dress code requirements while onduty, unless otherwise instructed by their supervisor;

 

                (l)     not wear a uniform or any part of a uniform outside of working hours, exceptas provided for in policies and procedures or with the specific consent of thesuperintendent;

 

                (m)   not alter their uniform in any manner, except for alterations to accommodatesize requirements;

 

                (n)    return their uniform and professional identification material when they cease tobe employed by the Correctional Services Division.

Positive work environment

16   (1)    For the purposes of this Section,

 

                (a)    “discrimination” means any actions or words directed toward an individual thatcause an uncomfortable atmosphere in the work environment or result inunequal and usually less favourable treatment of the individual, includingunequal treatment regarding any of the following:

 

                         (i)     race,

                         (ii)    ancestry,

                         (iii)   place of origin,

                         (iv)   colour,

                         (v)    ethnic origin,

                         (vi)   citizenship,

                         (vii)  creed or religion,

                         (viii) gender,

                         (ix)   political belief,

                         (x)    medical condition, including pregnancy,

                         (xi)   source of income,

                         (xii)  sexual orientation,

                         (xiii) age,

                         (xiv) record of offences,

                         (xv)  marital or family status,

                         (xvi) disability;

 

                (b)    “harassment” means a form of coercive discrimination that may be verbal,physical or sexual and may be deliberate or unintended, and that consists ofpersistent and repeated conduct or comments that should reasonably be knownto be unwelcome by the recipient or others in the work environment.

 

       (2)    An employee must contribute to a positive work environment and do all of thefollowing:

 

                (a)    treat the public, other employees and offenders with respect, dignity andcourtesy within the work environment and in circumstances related to theemployee’s duties;

 

                (b)    not use indecent or profane language, make offensive remarks or engage inoffensive behavior;

 

                (c)    respect other peoples’ different cultural or religious beliefs and practices;

 

                (d)    not engage in any form of harassment or discrimination;

 

                (e)    speak up against discrimination and harassment in the work environment;

 

                (f)    facilitate and support the work of other employees while on duty or incircumstances related to their duties.

Relationships with offenders

17   An employee must maintain proper relationships with offenders and do all of thefollowing:

 

                (a)    treat offenders and their families fairly and with courtesy, respect, and honestywhile on duty or in circumstances related to their duties;

 

                (b)    not enter into any type of personal or professional business relationship with anoffender or ex-offender, or a friend or relative of an offender or ex-offender, ifthe nature of the relationship could compromise the employee’s integritywithin the Correctional Services Division;

 

                (c)    not hire an offender to perform any work or provide any service without firstobtaining the written permission of the employee’s supervisor;

 

                (d)    report to their supervisor any mistreatment of an offender by another employeeor another offender;

 

                (e)    not provide legal advice to an offender or an offender’s family or associates;

 

                (f)    not perform a personal favour for an offender if it involves engaging in anactivity that is beyond the normal scope of the employee’s duties or violatesthe rules.

Conflict of interest

18   (1)    An employee must avoid a conflict of interest and do all of the following:

 

                (a)    arrange their private interests to prevent a conflict of interest;

 

                (b)    disclose any potential conflict of interest to their supervisor and comply withthe supervisor’s decision with respect to declaring the potential conflict ofinterest;

 

                (c)    not work for any employer other than the Correctional Services Division, if thework for the other employer would

 

                         (i)     give rise to a conflict of interest or to a situation that would appear to bea conflict to an informed, objective observer,

 

                         (ii)    be likely to bring the government, the Department of Justice, or theCorrectional Services Division into disrepute,

 

                         (iii)   be conducted during the employee’s normal working hours in anylocation, unless sufficient time for the other work could be taken either atthe beginning or end of the normal working hours and the employee canensure that the other employer is aware that the work will be conductedin accordance with this policy,

 

                         (iv)   conflict with the employee’s duties;

 

                (d)    not work for any employer other than the Correctional Services Division whileon general or short-term illness leave;

 

                (e)    not solicit or accept, directly or indirectly, a fee, gift or benefit from a person oran organization who has dealings with government, if the fee, gift or benefitcould influence the performance of the employee’s duties;

 

                (f)    not solicit or accept fees, gifts or other benefits that are connected with theperformance of their duties in circumstances other than

 

                         (i)     the normal exchange of gifts between friends,

 

                         (ii)    the normal exchange of hospitality between persons doing businesstogether,

 

                         (iii)   the exchange of tokens for reasons of protocol, or

 

                         (iv)   the normal presentation of gifts to persons participating in publicfunctions;

 

                (g)    obtain authorization from the Executive Director before trading in intellectualproperty that has been developed by employees for use within the[Correctional Services] Division;

 

                (h)    obtain authorization from their supervisor before using and reimburse thegovernment after using government equipment, including photocopiers, faxmachines, cellular phones, personal digital assistants, computers and othercommunication devices, including 2-way radios and pagers, for personal use;

 

                (i)     not engage in activities that detract from performance of their duties, such asextended personal visits during hours of duty, leaving the workplace to engagein personal errands, or engaging in lengthy personal telephone calls;

 

                (j)     not use their professional position, title or authority for personal advantage indealing with others;

 

                (k)    adhere to restrictions that are required by Provincial government policiesgoverning the involvement of public employees in political activities;

 

                (l)     benefit from government programs, services, and initiatives only to the extentthat a member of the public could benefit from them;

 

                (m)   benefit from information that is obtained in the course of their employmentonly to the extent that a member of the public could benefit from it;

 

                (n)    not benefit from or permit the use of government property, including propertyleased to the government, or government services for anything other than theperformance of official duties and functions, except to the extent that amember of the public could use or benefit from them;

 

                (o)    if the employee’s spouse or dependent child has a contract or agreement withthe Provincial government or with any minister or department of theProvincial government, disclose the existence of the contract to the employee’ssupervisor, unless the contract was awarded through public tender.

 

       (2)    Any doubt about whether an employee is involved in a conflict of interest must beresolved in favour of the public interest.

Public comments and activities

19   (1)    An employee who is a union member, union steward, executive member of a unionor union official may make public comments about

 

                (a)    collective bargaining matters;

 

                (b)    administrative or implementation practices relating directly to specific articlesof the applicable collective agreement.

 

       (2)    An employee who is a union member, union steward, executive member of a unionor union official must not engage in union activity while on duty, unless the activityis authorized by management, the applicable collective agreement or policies andprocedures.

 

       (3)    An employee, including an employee who is a union member, union steward,executive member of a union or union official, must not make public comments thatare knowingly reckless, false or malicious or that may jeopardize the safety orsecurity of the public, employees or offenders.

Consequences of non-compliance with Code

20   (1)    An employee who does not comply with the Code of Professional Conduct may besubjected to disciplinary action by the employer, up to and including dismissal.

 

       (2)    Any disciplinary action by the employer must be exercised reasonably and withconsideration of all relevant circumstances.

Weapons and Security Equipment

Restricted or prohibited weapon in correctional facility

21   (1)    Except as provided in subsection (2), a peace officer who is not a CorrectionalServices Division employee and who carries a restricted or prohibited weapon,including a firearm, in the course of their regular duties may carry the weapon into acorrectional facility, but the peace officer must unload and secure the weapon in adesignated location in the correctional facility.

 

       (2)    In an emergency, as defined in subsection 7(1) of the Act, a superintendent maydetermine that subsection (1) does not apply.

Restricted or prohibited weapon in Correctional Services Division office

22   A peace officer who carries a restricted or prohibited weapon, including a firearm, in thecourse of their regular duties may carry the weapon into a Correctional Services Divisionoffice.

Security equipment for use to control offenders in custody

23   The following security equipment is approved for use to control offenders in custody forthe purposes set out in Section 43 of the Act:

 

                (a)    handcuffs;

 

                (b)    flexcuffs;

 

                (c)    leg restraints;

 

                (d)    waist restraints;

 

                (e)    bed restraints;

 

                (f)    helmets;

 

                (g)    shields;

 

                (h)    mattresses;

 

                (i)     fire hoses;

 

                (j)     restraint chairs.

Security equipment for use by probation officers

24   The following security equipment is approved for use by probation officers for thepurposes set out in Section 43 of the Act:

 

                (a)    handcuffs;

 

                (b)    flexcuffs.

Complaints

Designated employee for complaints

25   In Sections 26 to 28, “designated employee” means an employee or a member of a class ofemployees designated by the Minister under subsection 24(1) of the Act to receive andrespond to a complaint.

Acknowledging complaint                                                                                                      

26   A designated employee who receives a complaint must acknowledge the complaint inwriting no later than 5 business days after the date it is received.

Investigating complaint

27   (1)    Except as provided in Section 28, a designated employee who receives a complaintmust investigate the complaint and, as soon as practicable after investigating thecomplaint, must

 

                (a)    take whatever steps the designated employee considers appropriate to resolvethe complaint; or

 

                (b)    refer the matter for investigation by another employee or an outside agency.

 

       (2)    As soon as practicable after investigating a complaint, a designated employee mustadvise the complainant of the action taken under subsection (1).

When complaint not required to be investigated

28   (1)    A designated employee who receives a complaint may decide not to investigate thecomplaint if the designated employee is satisfied that

 

                (a)    the complaint is trivial, is not made in good faith or is frivolous or vexatious;

 

                (b)    the circumstances of the complaint do not require investigation; or

 

                (c)    the offender made no effort to resolve the matter before making the complaint.

 

       (2)    A designated employee who decides not to investigate a complaint in circumstancesdescribed in clause (1)(c) must refer the matter

 

                (a)    back to the complainant to attempt to resolve the matter themselves; or

 

                (b)    to another employee to attempt to resolve the matter with the complainant.

Deadline for resolving or referring complaint

29   A complaint must be answered or referred to the appropriate party no later than 10business days after the date the complaint was received.

Complaint appeal process

30   (1)    An appeal under subsection 24(4) of the Act by a complainant who is not satisfiedwith the response to their complaint must be in writing and must state the reasons forthe appeal.

 

       (2)    A complainant’s appeal must be forwarded to the Executive Director no later than10 business days after the date the complainant receives the response to theircomplaint.

 

       (3)    No later than 10 business days after the date the Executive Director receives anoffender’s appeal of a response to a complaint, the Executive Director must notifythe offender and the superintendent of the decision in the matter.

Community Corrections

Community corrections admission procedures

31   (1)    On admission to supervision by community corrections, an offender must bephotographed or video-recorded.

 

       (2)    The following interviews and assessments must be conducted for each offender ontheir admission to supervision by community corrections:

 

                (a)    an intake interview;

 

                (b)    risk and needs, classification and security assessments;

 

                (c)    any additional interviews or assessments required for the administration of theAct.

 

       (3)    Identification procedures, interviews and assessments required by this Section mustbe conducted in accordance with policies and procedures.

Conditions for community supervision

32   A probation officer may require an offender who is under community supervision tosubmit to any assessments and supervision conditions that the probation officer considersnecessary to ensure safe and effective supervision in the community.

Screening offender under community supervision for intoxicants

33   (1)    Screening of an offender who is under community supervision for intoxicants underSection 90 of the Act may be carried out at regular or random intervals or at anyspecified time.

 

       (2)    On subjecting an offender under community supervision to an intoxicant screeningtest, the Executive Director must

 

                (a)    inform the offender of the reason for the test and the consequences of failure tocomply with the testing procedure; and

 

                (b)    forward each sample submitted for screening to an authorized testing facilityfor testing.

Access to Correctional Facilities

Search warning must be posted at entrance

34   A warning must be posted at each entrance to a correctional facility stating that all personsand vehicles entering the grounds are subject to being searched in accordance with theregulations and policies and procedures.

Mobile communication devices and computers

35   A superintendent may restrict the presence or use of cellular phones, personal digitalassistants, computers and other communication devices, including 2-way radios andpagers, in a correctional facility.

Operating vehicle at correctional facility

36   (1)    Subject to subsections (2) and (3), a superintendent must direct the operation andparking of vehicles at a correctional facility.

 

       (2)    An unattended vehicle at a correctional facility must be kept locked.

 

       (3)    A vehicle parked at a correctional facility may be ticketed and towed at the owner’sexpense in accordance with any applicable municipal by-law.

Times for visits

37   A person may visit a correctional facility only during the hours specified in policies andprocedures or at a time that has been prearranged with the superintendent.

Visitor identification

38   (1)    A visitor to a correctional facility must state the nature and purpose of their visit andpresent identification satisfactory to the superintendent.

 

       (2)    At the request of a superintendent, a visitor to a correctional facility must submit tohaving their photograph taken or being video-recorded for the purpose of identifyingvisitors to correctional facilities.

 

       (3)    A visitor who fails to comply with a superintendent’s request for a photograph mustnot be permitted to carry out the intended visit.

Visit must be supervised

39   Each visit to a correctional facility must be conducted under whatever supervision thesuperintendent considers appropriate.

Superintendent may deny or suspend visiting privileges

40   (1)    Despite any provision in the Act or these regulations, if a superintendent believesthat a visit is not in the best interest of the offender, the correctional facility or thevisitor, the superintendent may deny the visitor entry to the correctional facility.

 

       (2)    Despite any provision in the Act or these regulations, if a superintendent believesthat a state of emergency exists at the correctional facility, the superintendent maysuspend all visiting privileges.

Prohibited visitor activities

41   A visitor to a correctional facility must not do any of the following without the approval ofthe superintendent:

 

                (a)    sketch, film, take photographs or make video or audio recordings;

 

                (b)    receive, give, leave, trade or sell any article to or from an offender.

Prohibited visitors

42   None of the following individuals is permitted to visit an offender or a correctional facilityunless the visit is approved by the superintendent:

 

                (a)    an individual whom the superintendent believes on reasonable grounds to be amember of a criminal gang;

 

                (b)    an individual who is under a court order of supervision;

 

                (c)    an individual who has been released within the past 365 days from a sentenceof custody;

 

                (d)    an individual whose visit could, in the superintendent’s opinion, jeopardize thesafety of another individual or the security of or maintenance of order in thecorrectional facility;

 

 

                (e)    an individual who is under 19 years of age, unless the individual is

 

                         (i)     accompanied by an adult, or

 

                         (ii)    over the age of 15 years and is the spouse or a child or sibling of theoffender to be visited;

 

                (f)    an individual who demonstrated inappropriate conduct on a previous visit;

 

                (g)    an individual who appears to be under the influence of an intoxicant.

Regulations and rules for visits must be posted

43   Regulations and rules related to visits must be posted in all visiting areas of a correctionalfacility.

Admission to Correctional Facility

No admission to correctional facility without committal order

44   A superintendent must ensure that the committal order required by Section 46 of the Actfor a person being admitted into the correctional facility is scrutinized before the person isadmitted.

Correctional facility admission procedures

45   (1)    In addition to the requirements of Section 49 of the Act, on admitting an offender toa correctional facility, an employee must

 

                (a)    photograph or video-record the offender;

 

                (b)    measure the offender’s height and weight; and

 

                (c)    take the offender’s fingerprints, if requested by the superintendent to do so.

 

       (2)    The following interviews and assessments must be conducted for each offender ontheir admission to a correctional facility:

 

                (a)    an intake interview;

 

                (b)    a health assessment;

 

                (c)    risk and needs, classification and security assessments;

 

                (d)    any additional interviews or assessments that the superintendent requires forthe administration of the Act.

 

       (3)    Identification procedures, interviews and assessments required by this Section mustbe conducted in accordance with policies and procedures and, with respect toidentification procedures, in accordance with the Identification of Criminals Act(Canada).

Offender’s Money and Property

Documenting and securing offender’s money and property

46   Clause 49(b) of the Act, requiring that an offender’s money and property be documentedand secured on the offenders admission to a correctional facility, also applies on anoffender’s re-admission to the correctional facility.

Offender must not possess money

47   An offender must not possess money while in custody.

Superintendent must establish account for offender

48   A superintendent must, in accordance with policies and procedures, establish andadminister an account for an offender who is in custody in the correctional facility for thepurpose of holding and administering

 

                (a)    any money that the offender has on admission or re-admission to thecorrectional facility; or

 

                (b)    any money that the superintendent receives on behalf of the offender.

Money credited to offender’s account

49   (1)    The following funds must be held in accordance with policies and procedures in anaccount established for an offender under Section 48:

 

                (a)    any money taken from the offender for securing on admission or re-admissionto the correctional facility;

 

                (b)    any money that the superintendent receives on behalf of or for the benefit ofthe offender in the correctional facility, from a source other than the offender.

 

       (2)    Money credited to an offender’s account must not be transferred to the credit ofanother offender without the written approval of the superintendent.

Transactions to and from offender’s account

50   (1)    While in a correctional facility, an offender may purchase only items approved bythe superintendent.

 

       (2)    An offender’s account must be debited to pay for the offender’s purchases.

 

       (3)    An offender’s account may be debited to pay fines or restitution imposed by a courtorder or restitution imposed as a penalty under Section 70 of the Act and clause95(1)(e).

 

       (4)    A superintendent may prohibit or limit deposits to or expenditures or withdrawalsfrom an offender’s account if the superintendent is satisfied that there are reasonablegrounds to do so.

Offender’s property in safekeeping

51   (1)    Subject to subsection (2), a superintendent must ensure that an offender’s property isheld in safekeeping while the offender remains in custody.

 

       (2)    A superintendent may allow an offender to keep certain property while in custody, atthe superintendent’s discretion.

Restrictions on offender property

52   (1)    A superintendent may prohibit or restrict the type or amount of property possessedby, left for or sent to an offender within the correctional facility, if thesuperintendent believes on reasonable grounds that the type or amount of propertycould

 

                (a)    interfere with the normal operation of the correctional facility;

 

                (b)    jeopardize the safety of an individual or the security of or maintenance of orderin the correctional facility; or

 

                (c)    interfere with the administration of, or an offender’s participation in andcompliance with, a program designed to promote the rehabilitation ofoffenders and their integration into the community.

 

       (2)    An offender must not give property to, take property from or exchange property withanother offender without the superintendent’s authorization.

Administering deceased offender’s money and property

53   On an offender’s death, the superintendent must

 

                (a)    continue to administer money held in the offender’s account at the time oftheir death until the money can be turned over to the person who is responsiblefor the deceased offender’s estate or to the Public Trustee; and

 

                (b)    ensure that all of the offender’s property is held in safekeeping until theproperty can be turned over to the person who is responsible for the deceased’sestate or to the Public Trustee.

Offender’s Entitlements

Clothing and amenities

54   (1)    An offender must be provided with the toiletry articles prescribed by the policies andprocedures.

 

       (2)    Toiletry articles may be offered for sale to offenders by the correctional facility.

 

       (3)    An offender in a correctional facility who is not authorized to wear their personalclothes must be given clean clothes that correspond to their size and are adapted tothe weather, including new underwear sufficient to allow clean underwear on a dailybasis.

 

       (4)    An offender must have the opportunity to wash clothes and underwear or to havethem washed at least twice a week.

Meals

55   An offender must have 3 meals on each week day and 2 meals, including a brunch, oneach weekend day and each day on which public offices of the Province are closed.

Exercise

56   A superintendent who denies an offender access to outdoor exercise in accordance withsubsection 57(2) of the Act must advise the offender of the reasons for the denial, andcause a written report to be prepared detailing the reasons for the denial.

Library

57   An offender who is not being penalized must be allowed library privileges in thecorrectional facility at least once a week for the purpose of selecting and exchangingreading material.

Request to see superintendent

58   A request by an offender in a correctional facility to see the superintendent must be inwriting and must be conveyed to the superintendent by an employee, volunteer or health-services professional in accordance with policies and procedures.

Telephone Communications and Correspondence

Additional exemptions for telephone communications

59   In addition to the exemption for telephone communications with their lawyer in Section 55of the Act, an offender’s telephone communications with either of the following areexempted from the superintendent’s power to restrict, intercept, monitor and recordoffenders’ telephone communications:

 

                (a)    a representative of the Office of the Ombudsman;

 

                (b)    a representative of the Human Rights Commission.

When superintendent may restrict telephone communications

60   (1)    A superintendent may exercise their power to restrict, intercept, monitor or record anoffender’s telephone communication in the following circumstances:

 

                (a)    the superintendent has reasonable grounds to believe that

 

                         (i)     the offender is involved in an illegal activity,

 

                         (ii)    the offender is harassing, intimidating or causing harm to others,

 

                         (iii)   the offender is communicating with an individual who is under 19 yearsof age, and a parent or guardian of that individual does not wish thatindividual to receive any telephone communication from the offender,

 

                         (iv)   the telephone communication indicates that the offender may beparticipating in an activity that may jeopardize the safety, security oroperation of the correctional facility;

 

                (b)    a court order restricts or prohibits telephone communication between theoffender and another person;

 

                (c)    a person has indicated to the superintendent that they do not wish to receivetelephone communication from the offender;

 

                (d)    the person who is liable for the charges for telephone communicationsbetween the offender and another person has indicated to the superintendentthat they do not wish the communications to take place;

 

                (e)    the telephone communication is prejudicial to the best interests of the personcontacted or the public safety.

 

       (2)    Except as permitted by law, if an offender’s telephone communication has beenrestricted, intercepted, monitored or recorded, the superintendent must inform theoffender in writing as soon as practicable and give the reasons for the restriction,interception, monitoring or recording.

Certain correspondence exempt from inspection

61   (1)    Subject to subsections (2) and (3), in addition to the exemption for privilegedcorrespondence with their lawyer in Section 56 of the Act, an offender’scorrespondence with any of the following persons is exempted from thesuperintendent’s power to inspect offenders’ correspondence:

 

                (a)    a member of the Legislative Assembly of Nova Scotia;

 

 

                (b)    a member of the Parliament of Canada;

 

                (c)    the Deputy Minister of the Department of Justice or the Executive Director ora director of the Correctional Services Division;

 

                (d)    a representative of the Office of the Ombudsman;

 

                (e)    a representative of the Human Rights Commission;

 

                (f)    an inspector designated under the Act.

 

       (2)    If written material from an offender purports to be addressed to a person or officereferred to in Section 56 of the Act or subsection (1) but is incorrectly addressed, thesuperintendent may bring the error to the offender’s attention and, if the offenderdoes not agree to the correction of the address, the superintendent may open andinspect the material in the offender’s presence.

 

       (3)    If a superintendent reasonably believes that written material purportedly sent to anoffender by a person or office referred to in Section 56 of the Act or subsection (1) isnot from that person or office, the superintendent may withhold delivery of thematerial until satisfied of its authenticity.

Superintendent may prohibit possession of certain publications

62   A superintendent may prohibit an offender from possessing any poster, publication, videoor audio material, film, computer program or other item that the superintendent believes onreasonable grounds

 

                (a)    creates or could create a hostile environment in the correctional facility or isotherwise exploitative or discriminatory;

 

                (b)    is child pornography, or is obscene in that its dominant characteristic is theundue exploitation of sex, or of sex in conjunction with crime, horror, crueltyor violence;

 

                (c)    promotes gang culture or a gang lifestyle; or

 

                (d)    is offensive or discriminatory.

Searches

Authorized employee for searches

63   In Sections 64, 67 and 68, “authorized employee” means an authorized employee asdefined in Section 60 of the Act.

Routine search on re-admission to correctional facility

64   Each re-admission of an offender to a correctional facility is prescribed as a circumstancein which an authorized employee may routinely search the offender in accordance withsubsection 61(1) of the Act.

Manner of conducting searches

65   All searches must be conducted in accordance with policies and procedures and approvedtraining established by the Executive Director.

If offender’s property seized or damaged in search

66   A superintendent must inform an offender if any of the offender’s property is seized ordamaged as a result of a search conducted without the offender’s knowledge.

Conducting and observing strip search

67   (1)    An authorized employee conducting a strip search must conduct the search in a placeand manner that does not unduly subject the person being searched toembarrassment or humiliation.

 

       (2)    In conducting a strip search, an authorized employee must be observed by anotheremployee who, if practicable, must be of the same sex as the person being searched.

 

       (3)    If it is not practicable for a strip search to be conducted by an authorized employeeunder the observation of an employee of the same sex as the person being searched,an employee of the opposite sex may observe the authorized employee conductingthe search, but only if the observing employee cannot observe the person beingsearched.

Record of search

68   (1)    A superintendent must ensure that a written record is made of each strip search of anoffender and each scheduled search of a correctional facility.

 

       (2)    A written record of a strip search or correctional facility search must include all ofthe following information:

 

                (a)    the place, date and time of the search;

 

                (b)    for a strip search, the name of the offender strip-searched;

 

                (c)    the reason for the search;

 

                (d)    a description of any property seized or damaged in the conduct of the search;

 

                (e)    the name of the authorized employee who conducted the search including, for astrip search, the employee who observed the authorized employee conductingthe strip search.

Seizing and Disposing of Contraband

Temporary restriction of offender believed to be carrying contraband

69   A superintendent who believes on reasonable grounds that an offender has ingested or iscarrying contraband in a body cavity may temporarily restrict the offender in a manner thatlimits the offender’s ability to hide or dispose of contraband or bodily waste that maycontain contraband, on the expectation that the contraband will be expelled.

Disposing of contraband

70   As soon as practicable after an employee seizes contraband, the employee must

 

                (a)    make a record describing the contraband and the circumstances in which it wasseized;

 

                (b)    deposit the contraband in a secure place at the correctional facility; and

 

                (c)    comply with any policies and procedures for the seizing, securing and disposalof contraband.

Disposing of contraband if lawful outside correctional facility

71   If an object or substance is seized from an offender and the object or substance iscontraband but its possession outside the correctional facility would be lawful, thesuperintendent, in accordance with policies and procedures, may direct that

 

                (a)    the object or substance be kept in a secure place at the correctional facility andreturned to the offender upon their release from custody;

 

                (b)    the offender be given 30 days from the date the object or substance was seizedto make arrangements for its disposal or safekeeping outside the correctionalfacility; or

 

                (c)    the object or substance be disposed of if

 

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

 

                         (ii)    it is an intoxicant,

 

                         (iii)   it is a weapon,

 

                         (iv)   keeping it would be unsafe or would involve unreasonable expense orinconvenience,

 

                         (v)    it is dangerous to health and safety, or the correctional facility.

Return of seized object or substance that is not contraband

72   A superintendent must return a seized object or substance to its owner if

 

                (a)    it is in the custody of the superintendent;

 

                (b)    it is not contraband;

 

                (c)    it is not or is no longer needed as evidence relating to an offence or acontravention of a rule; and

 

                (d)    there is no dispute as to who owns it.

Forfeit of seized object or substance

73   An object or substance seized is forfeit to the government

 

                (a)    if its owner has not requested its return by the end of the 30th day following thedate the owner received notice of its seizure;

 

                (b)    if its owner cannot be found and 90 days have passed since the date it wasseized;

 

                (c)    if it is determined to be contraband and possession of it outside thecorrectional facility would be unlawful; or

 

                (d)    if its owner is an offender in a correctional facility and if

 

                         (i)     possession of it by the offender would constitute possession ofcontraband, or

 

                         (ii)    the offender has not arranged for the disposal or safekeeping of theobject or substance outside the correctional facility by the end of the 30thday following the date the offender was given the opportunity to do so.

Supervising Offenders in Custody

Male employees in female offender units

74   A male employee may be assigned duties in a unit of a correctional facility that is used tohouse female offenders in the following circumstances only, and only if a femaleemployee is always present:

 

                (a)    during routine rounds and inspections;

 

                (b)    during a use of force or an emergency situation.

Male employees escorting female offenders

75   A male employee may be assigned as the second employee to escort a female offenderwithin a correctional facility or on a conditional release in the community, but theprinciple employee assigned to escort the female offender must be female.

Interviewing female offenders

76   (1)    Subject to subsection (2), a male employee or a male from one of the followingcategories may interview a female offender if accompanied by a female employee:

 

                (a)    health services professional;

 

                (b)    spiritual advisor;

 

                (c)    probation officer;

 

                (d)    parole officer;

 

                (e)    teacher;

 

                (f)    children and family services worker;

 

                (g)    police officer;

 

                (h)    representative of the Office of the Ombudsman;

 

                (i)     representative of the Human Rights Commission.

 

       (2)    If a female employee is not present or if it is not advisable to have a femaleemployee present at an interview conducted by a male referred to in subsection (1),the interview must be conducted under video surveillance.

Video surveillance tapes of female offenders

77   A video surveillance tape of a female offender must be viewed only by a female employeeif the knowledge that a male employee had viewed the tape would be likely to subject theoffender to undue embarrassment or humiliation.

Screening offenders in custody for intoxicants

78   (1)    Screening of an offender in custody for intoxicants under Section 90 of the Act maybe carried out at regular or random intervals or at any specified time.

 

       (2)    On subjecting an offender in custody to an intoxicant screening test, the ExecutiveDirector must

 

                (a)    inform the offender of the reason for the test and the consequences of failure tocomply with the testing procedure; and

 

                (b)    forward each sample submitted for screening to an authorized testing facilityfor testing.

Conditions for confinement of offenders in custody

79   (1)    A superintendent may impose different conditions of confinement for differentoffenders within the correctional facility.

 

       (2)    An offender held in a correctional facility may be restricted from associating withanother offender held in the correctional facility.

 

       (3)    For reasons of safety, security or order in the correctional facility, a superintendentmay restrict access to the correctional facility or part of it by

 

                (a)    confining the offenders held in the correctional facility or those of them whoare normally held in that part, as the case may be, to their sleeping areas; and

 

                (b)    restricting entry to the correctional facility or that part, as the case may be.

Review of close confinement

80   (1)    If an offender is placed in close confinement under Section 74 of the Act, thesuperintendent must conduct a preliminary review of the offender’s case no laterthan 24 hours after the time that the close confinement began.

 

       (2)    After a preliminary review, if a superintendent believes that the continued closeconfinement of the offender is not warranted, the superintendent must release theoffender from close confinement.

 

       (3)    If an offender remains in close confinement after a preliminary review, thesuperintendent must review the offender’s circumstances at least once in every 5-dayperiod to determine whether the continued close confinement of the offender iswarranted.

 

       (4)    If an offender remains in close confinement for a continuous period of 15 days, thesuperintendent must request permission from the Executive Director beforecontinuing the close confinement beyond the 15 days.

Privileges in close confinement

81   An offender in close confinement must be allowed at least 30 minutes of exercise outsidethe cell during each 24-hour period.

Employee must report use of force

82   An employee who uses force against an offender must immediately report the incident inwriting to the superintendent, and the superintendent must review the report to determinewhether the force used was reasonable in the circumstances, in accordance with Section 43of the Act.

Serious illness of an offender in correctional facility

83   If an offender held in a correctional facility becomes seriously ill, the superintendent must

 

                (a)    notify a spiritual advisor of the faith or denomination to which the offenderbelongs;

 

                (b)    advise the offender’s next of kin, as recorded at the time of the offender’sadmission; and

 

                (c)    consult with the offender regarding the persons the offender desires to benotified of the illness.

Death of an offender in correctional facility

84   In addition to meeting the reporting requirements of Section 50 of the Act, if an offenderdies while being held in a correctional facility, the superintendent must

 

                (a)    protect the death scene pending completion of a full investigation;

 

                (b)    notify the police;

 

                (c)    notify the offender’s next of kin; and

 

                (d)    safeguard all of the offender’s property in the custody of the superintendent.

Disciplinary Rules and Procedures

Prescribed purposes for disciplinary rules and procedures

85   Disciplinary rules and disciplinary procedures are to be established only for the followingpurposes:

 

                (a)    maintaining the law;

 

                (b)    protecting individual rights and personal safety and the security of offenders,the public, employees and persons providing a correctional service;

 

                (c)    maintaining the security of a correctional facility;

 

                (d)    promoting the orderly operation and effective delivery of programs andservices;

 

                (e)    protecting personal property and correctional facility property.

Disciplinary rules established by superintendent

86   (1)    At a minimum, the rules governing the conduct and activity of offenders establishedby a superintendent under clause 39(e) of the Act must state that an offender mustnot do any of the following:

 

                (a)    have in their possession any contraband;

 

                (b)    smuggle, conspire or attempt to smuggle any article either into or out of thecorrectional facility;

 

                (c)    destroy or deface private or public property;

 

                (d)    attack or threaten to attack another person within the correctional facility;

 

                (e)    cause, conspire or attempt to cause a disturbance, breach of the peace or riot;

 

                (f)    be in an unauthorized place, or leave or attempt to leave the limits of thecorrectional facility confines without being escorted by an employee orwithout the express authority of the superintendent or a conditional releasecertificate;

 

                (g)    give or offer a bribe or reward to an employee;

 

                (h)    commit or attempt to commit an indecent act in language, act or gesture;

 

                (i)     give counsel to or aid and abet another offender to do any act in contraventionof the Act, the regulations made under the Act or the rules;

 

                (j)     engage in behaviour that is intended to intimidate or provoke fear in others;

 

                (k)    gamble;

 

                (l)     neglect performing the work and duties assigned;

 

                (m)   make a gross insult by gesture, use of abusive language or other act, directed toor at any person;

 

                (n)    disobey any lawful order given by an employee;

 

                (o)    conduct themselves in a manner that is detrimental to the welfare of otheroffenders or to a program;

 

                (p)    make a racial or harassing remark or gesture to any person;

 

                (q)    destroy food;

 

                (r)    refuse to stand in their cell or room as required during daily inspection;

 

                (s)    leave a cell, place of work or other appointed work without proper authority;

 

                (t)     make repeated frivolous complaints;

 

                (u)    refuse to provide a sample for standardized screening for intoxicants asrequired by regulations;

 

                (v)    transfer, give or exchange any personal or government property, whether forpersonal gain or not, without authorization;

 

                (w)   obstruct an investigation conducted or authorized by the Act or the regulationsmade under the Act;

 

                (x)    wilfully breach or attempt to breach any provision of the Act, the regulationsmade under the Act or the rules;

 

                (y)    wilfully breach or attempt to breach any term or condition of a conditionalrelease.

 

       (2)    A superintendent may make and enforce rules regarding offender grooming,including beard length, sideburns, hair, tattooing and piercing.

Notice of disciplinary rules and procedures

87   (1)    As soon as possible after an offender is admitted to a correctional facility, thesuperintendent must inform the offender orally or in writing of the disciplinary rulesand disciplinary procedures of the correctional facility.

 

       (2)    A superintendent must ensure that an appropriate number of copies of thedisciplinary rules are available at locations determined by the superintendent that areaccessible to all offenders.

Temporary Measures and Disciplinary Report

Employee’s actions on ascertaining disciplinary offence

88   (1)    An employee of a correctional facility who ascertains that an offender has breached arule must, in accordance with policies and procedures,

 

                (a)    take the immediate measures necessary to rectify the situation, if possible; and

 

                (b)    taking into account the purposes prescribed in Section 85 for disciplinary rulesand procedures, do one of the following:

 

                         (i)     give the offender a warning, consisting of notifying the offender that theoffender is infringing a specified rule or directive and commanding theoffender not to do so again, or

 

                         (ii)    complete a written disciplinary report relating to the offence.

 

       (2)    In addition to any immediate measure taken against an offender under clause (1)(a),an employee may carry out one or both of the following temporary measures, if theemployee believes that it is necessary:

 

                (a)    removing any or all of the offender’s privileges;

 

                (b)    confining the offender to their cell or room.

 

       (3)    Only the measures specified in subsection (2) are permitted to be taken as temporarymeasures, and a temporary measure must not be imposed on an offender for longerthan 3 hours.

 

       (4)    An employee who determines that it is necessary to take a temporary measureagainst an offender must inform their immediate supervisor and record thetemporary measures that were taken, if any, on the disciplinary offence report.

 

       (5)    An employee who completes a disciplinary report must file the report with theirimmediate supervisor.

Supervisor may revoke or vary temporary measure imposed by employee

89   The supervisor of an employee who takes a temporary measure against an offender undersubsection 88(2) may do any of the following:

 

                (a)    revoke or modify the temporary measure;

 

                (b)    take any additional temporary measure against the offender that the employeecould have imposed under subsection 88(2);

 

                (c)    subject to Sections 80 and 81, impose close confinement, including closeconfinement in segregation, on the offender in accordance with clause 74(c) ofthe Act pending the outcome of a disciplinary hearing.

Copy of discipline offence report to offender

90   The immediate supervisor of an employee who writes a disciplinary report must ensurethat a copy is given to the offender who is the subject of the report.

Hearings and Penalties

When superintendent may consult with police

91   If an offender breaches a rule referred to in clauses 86(1)(a) to (j), the superintendent, afterconsidering the circumstances and the gravity of the breach, may consult with a policeofficer to determine whether to commence proceedings against the offender under the law.

Penalty whether or not subject of court proceeding

92   An offender may be charged with breaching a rule and may be penalized under the Actand these regulations whether or not the act that gave rise to the breach is or could be thesubject of a proceeding in a court of law.

Disciplinary hearing procedure

93   (1)    If, on receipt of a disciplinary report, a superintendent decides to hold a hearing intothe matter under Section 69 of the Act, the superintendent must do all of thefollowing:

 

                (a)    meet with the offender;

 

                (b)    explain the contents of the disciplinary report to the offender;

 

                (c)    hear the offender’s explanations;

 

                (d)    convene and hear any witnesses;

 

                (e)    permit the offender to cross-examine a witness, if the superintendent considersit necessary and if the safety of the witness is not jeopardized.

 

       (2)    At a disciplinary hearing, a superintendent may accept any evidence that thesuperintendent considers appropriate, whether or not it is admissible as evidence in acourt of law.

 

       (3)    The superintendent must not find an offender responsible for breaching a rule unlessthe superintendent is satisfied on the balance of probabilities that the offenderbreached the rule.

Disciplinary hearing in absence of offender

94   If an offender who is the subject of a disciplinary hearing is absent in any of the followingcircumstances, the superintendent may proceed with the hearing, except for what cannot bedone because of the offender’s absence:

 

                (a)    the offender is voluntarily absent;

 

                (b)    the superintendent believes on reasonable grounds that the presence of theoffender would jeopardize the safety of a person present at the hearing;

 

                (c)    the offender disrupts and is removed from the hearing;

 

                (d)    the offender refuses to appear before the superintendent.

Imposing penalty

95   (1)    The penalty that a superintendent may impose on an offender under subsection 70(1)of the Act for breaching a rule must be one of the following, or a combination of anyof the following:

 

                (a)    withdrawal in whole or in part of the offender’s privileges;

 

                (b)    performance of work;

 

                (c)    close confinement for no longer than 15 days in respect of any oneconfinement;

 

                (d)    with the approval of the Executive Director, close confinement for longer than15 days;

 

                (e)    a restorative justice process, including restitution of part or all of the costs torepair the damage done by the offender, in accordance with policies andprocedures;

 

                (f)    forfeiture of all or part of the remission currently credited to the offender.

 

       (2)    In deciding to impose a penalty on an offender for breach of a rule, thesuperintendent must consider all of the following:

 

                (a)    the seriousness of the breach;

 

                (b)    the degree of premeditation;

 

                (c)    the degree of awareness that the offender has of having breached a rule;

 

                (d)    the offender’s behaviour since the beginning of their custody;

 

                (e)    the circumstances surrounding the breach, including, in particular, the degreeof provocation;

 

                (f)    whether the offender has breached the same rule in the past;

 

                (g)    the possible effects of the penalty on the subsequent behaviour of the offender;

 

                (h)    the temporary measures taken under subsection 88(2) following the breach;

 

                (i)     the degree of remorse shown by the offender.

 

       (3)    An offender who is being penalized by having their communications orcorrespondence privileges restricted or by undergoing close confinement is notentitled to send or receive a letter or other communication, or to receive a visit, to orfrom anyone other than the following:

 

                (a)    the offender’s spiritual advisor;

 

                (b)    the offender’s lawyer;

 

                (c)    a representative of the Office of the Ombudsman;

 

                (d)    a representative of the Human Rights Commission;

 

                (e)    an individual not listed in clauses (a) to (d), as approved by thesuperintendent.

Notification of decision

96   (1)    On deciding the outcome of a disciplinary proceeding against an offender, thesuperintendent must inform the offender of the decision and, if applicable, thepenalty to be imposed.

 

       (2)    If a penalty includes forfeiture of an offender’s remission, the superintendent mustinform the offender of the amount of remission forfeited and the offender’s newrelease date.

When penalty enforceable

97   A penalty is enforceable from the time determined by the superintendent.

Review of penalty by superintendent

98   (1)    If a superintendent’s delegate penalizes an offender, the offender may request thatthe superintendent review the penalty or the decision to penalize.

 

       (2)    A request to a superintendent to review a penalty or a decision to penalize ispermitted only if one or more of the following circumstances exist:

 

                (a)    the penalty seems disproportionate to the breach for which it was imposed, orto the supporting facts;

 

                (b)    there is an error in the disciplinary report; or

 

                (c)    the penalty was imposed without knowledge of a fact that, had it been known,would have been likely to modify the penalty or decision.

 

       (3)    A request for review of a penalty or a decision to penalize must be made in writingno later than 10 business days after the date of the decision, and must otherwise be inaccordance with policies and procedures.

 

       (4)    On reviewing a penalty under this Section, a superintendent may modify the penaltyor overturn the decision to penalize in addition to being able to suspend the penaltyunder subsection 70(2) of the Act.

Appeal to Executive Director of superintendent’s decision

99   (1)    An appeal to the Executive Director under Section 71 of the Act by an offender whois appealing a superintendent’s decision to penalize the offender or the penaltyimposed is permitted only if one or more of the following circumstances exist:

 

                (a)    the offender alleges that the superintendent did not make the decision inaccordance with these regulations or policies and procedures;

 

                (b)    the penalty seems disproportionate to the rule breach for which it was imposedor to the supporting facts;

 

                (c)    the penalty that was imposed consists of forfeiture of the offender’s remission;

 

                (d)    there is an error in the disciplinary report;

 

                (e)    the penalty was imposed without knowledge of a fact that, had it been known,would have been likely to modify the penalty or decision.

 

       (2)    An appeal of a superintendent’s decision to the Executive Director must be made inwriting no later than 10 business days after the date of the superintendent’s decision,and must otherwise be in accordance with policies and procedures.

 

       (3)    The Executive Director must notify the offender and the superintendent of theirdecision no later than 10 business days after the date the Executive Director receivesthe appeal.

Conditional Release

Designated employee for authorizing conditional releases

100 In Sections 102, 104 and 106, “designated employee” means a designated employee asdefined in Section 77 of the Act.

Application for conditional release

101 An offender’s application for a conditional release under Section 79 of the Act must be inwriting and must state

 

                (a)    the reason for the application;

 

                (b)    the length of time requested for the conditional release and the expected startdate;

 

                (c)    where the offender intends to go or stay during the conditional release; and

 

                (d)    any information not included under clauses (a) to (c) that the superintendentmay require.

Maximum time period for conditional release

102 (1)    Except as provided in subsection (3), 60 days is the maximum time period that maybe authorized for a conditional release.

 

       (2)    On the expiry of a conditional release, the designated employee who authorized itmay reassess the case and renew the conditional release for one or more periods notexceeding 60 days each.

 

       (3)    A conditional release for medical reasons may be authorized for an unlimited period.

Amounts charged to offenders on conditional release

103 (1)    The amount of money charged to an offender under Section 86 of the Act as acontribution to the cost of custody while the offender is on conditional release mustbe equal to 20% of their gross wages, to a maximum of $23.35 per day of theconditional release.

Subsection 103(1) amended: O.I.C. 2015-96, N.S. Reg. 89/2015.

 

       (2)    A superintendent who charges an amount of money to an offender as a contributionto the cost of custody must arrange for the payments to be collected by or deliveredto the correctional facility.

Conditional release certificate

104 (1)    A designated employee who authorizes a conditional release for an offender mustissue a conditional release certificate indicating that the conditional release isauthorized.

 

       (2)    A conditional release certificate must specify all of the following information:

 

                (a)    the length of time authorized for the conditional release;

 

                (b)    the date and time at which the conditional release is to begin and the date andtime at which the offender must return to the correctional facility;

 

                (c)    where the offender must go or stay during the conditional release;

 

                (d)    the supervision process that will be in place during the conditional release;

 

                (e)    if applicable, the amount to be charged to the offender under Section 86 of theAct and Section 103 as a contribution to the cost of custody;

 

                

                (f)    any terms and conditions not included in clauses (a) to (e) that the designatedemployee considers appropriate for an offender and considering the nature ofthe conditional release.

Offender must consent to terms and conditions of conditional release

105 (1)    An offender for whom a conditional release certificate is issued, except a certificatefor an emergency medical conditional release, must sign the certificate to indicatethat they consent to its terms and conditions.

 

       (2)    After an offender has signed their conditional release certificate, the superintendentmust provide a copy of the signed certificate to each of the following:

 

                (a)    the offender;

                (b)    any person or agency that will be involved in administering the conditionalrelease or supervising the offender while on conditional release, including, ifapplicable, an employer or other person who will be liable to make paymentson account of the offender for amounts charged under Section 86 of the Actand Section 103.

 

       (3)    Except for an offender who receives an emergency medical conditional release, anoffender who does not consent to the terms and conditions of their conditionalrelease, as specified on their conditional release certificate, ceases to be eligible forthe conditional release.

Suspension of conditional release

106 (1)    If an offender whose conditional release is suspended under Section 84 of the Actfails to surrender voluntarily and immediately, the superintendent must prepare anorder of suspension, apprehension and recommittal to authorize police to arrest anddetain the offender and, if no new charges under law are laid that require anappearance before the court, to return the offender immediately to custody in acorrectional facility.

 

       (2)    An employee who suspends an offender’s conditional release must immediatelyprepare a written report and submit it to the designated employee who authorized theconditional release.

Procedure for appealing conditional release decision

107 (1)    An appeal to the Executive Director or designate under Section 81 of the Act by anoffender who is appealing a conditional release decision must be in writing and muststate the reasons for the appeal.

 

       (2)    An offender’s appeal of a conditional release decision must be forwarded to theExecutive Director or designate no later than 10 business days after the date theoffender receives the decision.

 

       (3)    No later than 10 business days after the date the Executive Director or designatereceives an offender’s appeal of a conditional release decision, the ExecutiveDirector or designate must notify the offender and the superintendent in writing oftheir decision under Section 82 of the Act.

Death of offender on conditional release

108 In addition to meeting the reporting requirements of Section 50 of the Act, if an offenderdies while on conditional release, the superintendent must

 

                (a)    notify the police;

                (b)    notify the offender’s next of kin; and

                (c)    safeguard all of the offender’s property in the custody of the superintendent.

Discharge and Release

Offender kept in correctional facility after sentence expires

109 (1)    An ex-offender who is kept in a correctional facility after their sentence expires forone of the reasons referred to in subsection 51(3) of the Act must be released nolater than 24 hours after the time of their originally scheduled release.

 

       (2)    Despite subsection (1), if the reason for keeping the ex-offender in custody aftertheir sentence expires still exists at the expiry of a 24-hour extension, asuperintendent may further extend the time that an ex-offender is kept in custody foran additional 24 hours.

Ex-offender not treated as offender

110 During the time that an ex-offender remains in a correctional facility after the expiration oftheir sentence, the ex-offender must not be housed with offenders and is not subject toSections 86 to 99.

Returning offender’s money and property on discharge

111 On an offender’s discharge, the superintendent must ensure that all of the following arereturned to the offender:

 

                (a)    any money that had been held in an offender account on behalf of the offenderduring their time in custody;

 

                (b)    any property that had been held in safe-keeping on behalf of the offenderduring their time in custody.

Disposing of unclaimed money and property

112 (1)    A superintendent must retain any of an offender’s money or property that remains atthe correctional facility

 

                (a)    if the offender is absent without authority from the correctional facility; or

 

                (b)    after the offender is discharged from the correctional facility.

 

       (2)    A superintendent may dispose of retained money or property in accordance withpolicies and procedures if the offender who owns the money or property has notclaimed it by the end of the 6-month period following the retention date.

 

       (3)    The superintendent must keep a record of all unclaimed money and property of anoffender that is disposed of under subsection (2), and the record must include at leastall of the following information:

 

                (a)    for money that is disposed of,

 

                         (i)     the name of the offender who owned the money,

 

                         (ii)    the amount of money disposed of,

 

                         (iii)   the name of the account, person or organization in receipt of the money;

 

                (b)    for property that is disposed of,

 

                         (i)     the name of the offender who owned the property,

 

                         (ii)    a description of the property disposed of and the manner of disposal,

 

                         (iii)   the name of the person or organization in receipt of the property,

 

                         (iv)   the proceeds, if any, of the disposition.