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Management and Operation of Penal Institutions Regulations

made under Section 15 of the

Court Houses and Lockup Houses Act

R.S.N.S. 1989, c. 109

O.I.C. 79-197 (February 20, 1979), N.S. Reg. 32/79

as amended to O.I.C. 2015-96 (March 31, 2015, effective April 1, 2015), N.S. Reg. 91/2015

 

1     In these regulations

 

                (a)    “Act” means the Court Houses and Lockup Houses Act;

 

                (b)    “day” means, for the purpose of temporary leave of absence, ten (10) hours;

 

                (c)    “employee” means a person employed in an institution;

 

                (d)    “institution” means a prison, jail, lock-up, reformatory or penal institution as defined in the Criminal Code, the Interpretation Act, the Reformatory Act, or this Act and includes any other place where the Attorney General authorizes, directs or sanctions the detention, employment or temporary absence of prisoners;

 

                (e)    “municipality” includes a combination of municipalities formed into an authority to operate an institution;

 

                (f)    “programs” means any activity for employees or inmates approved by the municipality which operates the institution which may be implemented by the Superintendent or the office of the Inspector of Penal Institutions;

 

                (g)    “Superintendent” means the chief administrative officer of an institution and includes the jailer.

 

2     The Superintendent is responsible for the management of his institution and for the care, health, discipline, safety and custody of its inmates.

 

3     The Superintendent shall

 

                (a)    administer the institution in accordance with the Act, these regulations and such other instructions as may, from time to time, be prescribed by the Inspector of Penal Institutions;

 

                (b)    issue to the employees of the institution such direction as may be necessary to fulfill his responsibility;

 

                (c)    establish, subject to these regulations, the procedures to be followed on the admission, discharge, escape, illness or death of an inmate and on the assignment of employees’ and inmates’ duties;

 

                (d)    cause inmates to be informed of their duties, rights and privileges while in his care and custody;

 

                (e)    cause any programs for employees or inmates to be implemented as directed by the Inspector of Penal Institutions;

 

                (f)    ensure that all procedure and documentation in relation to an inmate is carried out.

 

4     On admission of an inmate to the institution, the Superintendent shall

 

                (a)    cause a complete record to be made of all property, clothing and money in the possession of the inmate;

 

                (b)    ensure that such effects and money are placed in safe-keeping while the inmate is in custody;

 

                (c)    ensure that the inmate is searched, bathed and clothed in a manner as prescribed by the Inspector of Penal Institutions;

 

                (d)    ensure that an inmate receives a medical examination within ten (10) days following the date of admission.

 

5     Upon the serious illness of an inmate, the Superintendent shall ensure that the inmate receives medical attention and shall notify a minister of religion, preferably of the denomination to which the inmate belongs, and advise the next of kin as recorded at the time of admission of the inmate and consult with the inmate regarding the persons he desires to be notified of his illness.

 

6     (1)    Upon the death of an inmate, the Superintendent shall report the fact immediately to the medical examiner and to the Inspector of Penal Institutions.

 

       (2)    The Superintendent shall cause all personal effects of a deceased inmate to be held in safe-keeping for the next of kin, or in the case where there is no next of kin, kept in safe-keeping to be dealt with as directed by the Attorney General.

 

7     (1)    Upon the discharge of an inmate, the Superintendent shall ensure that the inmate’s property, clothing and money held in safe-keeping during the inmate’s term of detention are returned to the inmate.

 

       (2)    The procedure and documentation to be followed upon discharge of an inmate shall be as directed by the Inspector of Penal Institutions.

 

8     The Superintendent shall forward promptly to the proper authority, all notices of appeal by inmates and all applications, for executive clemency, for writs of habeas corpus, and for parole or temporary leave of absence.

 

9     Where, in the opinion of the Superintendent, it is necessary or desirable, a request for temporary leave of absence of an inmate from the institution may be made through the office of the Inspector of Penal Institutions for

 

                (a)    medical reasons;

 

                (b)    humanitarian reasons;

 

                (c)    rehabilitative reasons.

 

10   (1)    Subject to subsection (4), the Superintendent, with the approval of the Inspector of Penal Institutions, may authorize one (1) day absences of an inmate from the institution for the purposes of employment, education, training or other activities that are considered by him necessary or advisable to assist in the inmate’s rehabilitation or for the purposes of medical treatment or for humanitarian reasons.

 

       (2)    The Regional Supervisor, Correctional Services, with the approval of the Inspector of Penal Institutions, may authorize daily absences of an inmate from the institution for the purposes of employment, education, training or other activities that are considered by him necessary or advisable to assist in the inmate’s rehabilitation or for the purpose of medical treatment or humanitarian reasons not in excess of three (3) days.

 

       (3)    The inmate shall return to the institution each day forthwith upon completion of employment, training or other activities for that day, or as stated on the temporary leave of absence certificate.

 

       (4)    An absence authorized under subsection (1) shall not be permitted on a consecutive daily basis.

 

       (5)    Any release made under this Section shall be recorded in writing with the office of the Inspector of Penal Institutions or in accordance with procedure as determined by the Inspector of Penal Institutions.

 

11   (1)    Inmates released under the authority of a temporary leave of absence on a daily or periodical basis and who, by reason of their employment, educational training or rehabilitation programs, are entitled to receive wages or the equivalent, shall be charged a per diem amount as a contribution towards the costs of prisoner maintenance, which shall be a term of condition of the authorization of the inmate’s temporary absence.

 

       (2)    The amount to be charged [to] the inmate shall be $5.80 per day when the inmate is entitled to be paid in respect to four or more hours of work or equivalent per day and $2.95 per day when the inmate is entitled to be paid in respect to less than four hours of work or equivalent per day.

Subsection 11(2) amended: O.I.C. 2015-96, N.S. Reg. 91/2015.

 

       (3)    As a term and condition of the authorization of temporary leave of absence, the inmate shall consent to an authorization that all monies [to] which the inmate is entitled to receive pursuant to the temporary absence authorization shall be made payable or paid to the municipality in which the institution is situated from which the inmate was released; that the municipality be authorized to deduct from such monies the said per diem rate and to return the balance of such monies to the credit of the inmate.

        (4)    An inmate who is not agreeable to such authorization and to consent to such conditions of the temporary absence as provided therein, shall not be eligible for such release.

 

       (5)    The Superintendent shall be responsible for communicating the terms and conditions of all authorized temporary leaves of absence to which this Section applies to the employers or others liable to make payments on account of the inmate, arrange for such payments to be collected or delivered to the appropriate municipal clerk and provide copies thereof to the inmate and to the office of the Inspector of Penal Institutions.

 

12   (1)    The medical officer for an institution shall be a duly qualified medical practitioner. The medical officer shall control and direct the medical and surgical treatment of all inmates and shall be on call to the institution twenty-four (24) hours a day.

 

       (2)    The Superintendent and medical officer shall ensure

 

                (a)    that proper records are maintained for the receipt and dispensing of all prescribed drugs and medication;

 

                (b)    that all prescribed drugs and medication are stored in a secure medical cabinet at all times.

 

       (3)    The Superintendent and medical officer shall cause any prescribed drugs or medication to be destroyed upon the release of an inmate unless otherwise directed by the medical officer.

 

13   When an inmate claims to be unable to work for reason of sickness or other disability, the medical officer shall examine the inmate and if, in his opinion, the inmate is not fit to work or his employment should be changed, he shall immediately certify the fact in writing to the Superintendent. Upon receipt of such certification, the inmate shall thereupon be relieved of his work duties or have employment changed, or be admitted to a hospital for medical treatment as directed by the medical officer in accordance with Section 9 of these regulations.

 

14   (1)    When an inmate is injured, the medical officer shall examine his injury, prescribe whatever treatment he deems advisable and immediately report in writing the nature of the injury to the Superintendent.

 

       (2)    When an inmate is taken sick or injured, the employee who has care or custody of the inmate shall at once report the fact to the Superintendent.

 

       (3)    In the case of an injury, the Superintendent shall cause a written report of the injury to be submitted to the Sheriff and the Inspector of Penal Institutions.

 

       (4)    In the event an inmate is taken sick or injured and requires transfer to a medical hospital or clinic in the community, the Superintendent shall ensure security measures are taken where required.

 

15   (1)    No employee shall

 

                (a)    use foul, indecent or profane language anywhere in the institution;

 

                (b)    discuss within the hearing of inmates matters pertaining to the administration of the institution or that may reflect upon the action of another employee;

 

                (c)    without first obtaining the permission of the Superintendent, furnish to any person any information in respect of an institution or remove from any institution any ledger, journal, report or record of any copy thereof dealing with the business of the institution; or,

 

                (d)    while on duty or off duty act in a manner unbecoming of an officer of the institution.

 

       (2)    Where any employee uses force beyond the minimum of necessary force for self-defence or to control a violent inmate, the incident shall be immediately recorded in writing to the Superintendent.

 

16   No inmate shall be penalized for any infraction of the rules of the institution except by the Superintendent or designate.

 

17   (1)    No inmate shall

 

                (a)    gamble;

 

                (b)    neglect performing the work and duty assigned him;

 

                (c)    use foul, indecent or profane language;

 

                (d)    [no inmate shall] have in his possession any article not authorized by the Superintendent;

 

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

 

                (f)    smuggle or attempt to smuggle any article either into or out of the institution;

 

                (g)    destroy or deface private or public property;

 

                (h)    conduct himself in a manner that is detrimental to the welfare of other inmates or to the institution program;

 

                (i)     attack or threaten to attack another person within the institution;

 

                (j)     cause or conspire to cause a disturbance or riot;

 

                (k)    commit or attempt to commit an indecent act;

 

                (l)     be in an unauthorized place or leave or attempt to leave the limits of the institution confines without being escorted by an employee or without the express authority of the Superintendent;

 

                (m)   give counsel to or aid and abet another inmate to do any act of contravention of the Act or these regulations.

 

       (2)    Where an inmate contravenes any of the provisions of clauses (f), (g), (i), (j), (k) or (l) of subsection (1), the Superintendent may, having regard to the circumstances and the gravity of the offence, consult with the Inspector of Penal Institutions to determine whether or not the inmate shall be proceeded against under the Criminal Code of Canada.

 

       (3)    Where an inmate contravenes clause (d) of subsection (1), the Superintendent shall dispose of the unauthorized article as directed by the Inspector of Penal Institutions.

 

       (4)    Where an inmate appears to have contravened any of the provisions of subsection (1), a written report shall be prepared by the reporting officer setting out the circumstances, and he shall deliver that report to the Superintendent, who shall cause an investigation of the matter and record his findings for inspection by the office of the Inspector of Penal Institutions. Where a contravention has been established and requires disposition by the Superintendent or a designated representative, before imposing any penalty, he shall review the report with the inmate concerned together with the details of the investigation of the officer in charge and the inmate shall be given full opportunity to make his answer to the charge.

 

18   (1)    Penalties that may be imposed by the Superintendent for misconduct by inmates are

 

                (a)    withdrawal in whole or in part of privileges ordinarily enjoyed by inmates;

 

                (b)    close confinement for not more than ten (10) days in respect of any one confinement;

 

                (c)    close confinement in excess of ten (10) days with approval from the Inspector of Penal Institutions;

 

                (d)    withholding of remission as determined by the regulations respecting remission.

 

       (2)    The Superintendent shall cause a report to be submitted to the Inspector of Penal Institutions on any close confinement penalty imposed on an inmate.

 

19   An inmate shall, unless medically exempted, work in the institution and in any other institutional work program to which he is assigned.

 

20   (1)    Subject to subsections (2) and (3), an inmate shall be permitted visits in accordance with the directions of the Inspector of Penal Institutions.

 

       (2)    An inmate shall be permitted visits from a minister of religion or from his solicitor, provided that the visits are made during such reasonable hours as are acceptable to the Superintendent.

 

       (3)    In addition to the visits mentioned in subsection (2), an inmate may be visited by his spouse, children and/or parents during such reasonable times as determined by the Inspector of Penal Institutions.

 

       (4)    When a state of emergency exists within an institution, the Superintendent may suspend all visiting privileges.

 

       (5)    Visitors to an institution shall not give to or receive from an inmate any article.

 

       (6)    The Superintendent may, at his discretion, accept clothing from a visitor for the use of an inmate. Such clothing shall be examined by the Superintendent before dispersal.

 

       (7)    The Superintendent may receive money from a visitor to be placed in an inmate’s trust fund. Upon acceptance of money for an inmate from a visitor, the Superintendent should provide a written receipt to the visitor and duly document same in the institution’s records.

 

       (8)    The Superintendent may deny the entry of any visitor to the institution if, in the opinion of the Superintendent, such a visit is not in the best interest of the inmate, institution or the visitor.

 

21   (1)    Subject to subsection (3), letters to and from an inmate may be read by an employee designated by the Superintendent for that purpose and the Superintendent may stop any letter or censor any part of it if, in his opinion, the contents are prejudicial to the best interests of the inmate or other recipient, or are prejudicial to the public safety or the security of the institution.

 

       (2)    Any action taken by the Superintendent to stop or censor a letter shall be communicated to the Inspector of Penal Institutions.

 

       (3)    An inmate shall be permitted at any time to send or receive letters to and from his solicitor, a Cabinet Minister, a Deputy Minister, members of the Nova Scotia Legislative Assembly, a member of the Parliament of Canada, the Inspector of Penal Institutions or the Ombudsman and such letters shall be forwarded without the deletion of any part thereof.

 

22   Every request made by an inmate to see the Superintendent shall be recorded by the employee to whom it is made and conveyed to the Superintendent without delay.

 

23   Adequate arrangements shall be made for the provision of religious administration to all inmates who desire it.

 

24   (1)    Where the Superintendent, on reasonable grounds, suspects that an employee is smuggling or attempting to smuggle unauthorized articles into or out of the institution, he may require the employee to submit himself to be searched.

 

       (2)    No person shall be searched except by another person of the same sex and in the manner as prescribed by the Inspector of Penal Institutions.

 

25   The operation of vehicles on the property of an institution shall be at the direction of the Superintendent. Any unattended vehicle on the property of an institution shall be locked.

 

26   No person shall be allowed access to an institution without the approval of the Superintendent unless otherwise directed by the Inspector of Penal Institutions.

 

27   No person allowed access to an institution shall make a sketch or take a photograph of an inmate or any part of an institution unless authorized to do so by the Inspector of Penal Institutions.

 

28   No person within the limits of the property or grounds of an institution shall give, trade or sell to any other person, or consume or have in possession any liquor as defined under the Nova Scotia Liquor Control Act.

 

29   No person shall, within the limits of the property or grounds of an institution, have in his possession a firearm or other offensive weapon except under the specific authorization of the Superintendent thereof.

 

30   (1)    The Superintendent shall not admit into his custody any person brought to the institution unless such a person is accompanied by a warrant of committal, an order for remand or other such judicial documents signed by a competent authority and the Superintendent shall ensure every such document is scrutinized before the person is admitted.

 

       (2)    Subsection (1) shall not apply in the case of the admission of a lock-up prisoner where the institution has been declared a lock-up facility.

 

31   The Superintendent shall refuse to admit a police lock-up prisoner who appears to be in need of immediate medical attention until the prisoner has been medically examined and a medical certificate to that effect is produced stating that the prisoner is medically fit to be admitted.

 

32   When a person is admitted into the custody of an institution, the Superintendent shall ensure that all reasonable efforts are made as soon as possible to notify next of kin.

 

33   Where an inmate’s clothing is inadequate, unfit to wear, or is required by the Police or by the Courts, the Superintendent shall supply the inmate with clothing unless the inmate arranges to have other suitable clothing provided at his own expense.

 

34   Every inmate, unless he is found conspiring to escape or attempting to escape, or is misconducting himself, shall be allowed, if weather permits, to have daily exercise in the open air and the Superintendent shall ensure that the inmate is attended by one or more employees.

 

35   (1)    The Superintendent shall provide all inmates with three (3) meals a day.

 

       (2)    The diet provided to inmates shall meet the nutritional requirements as determined by the provincial Department of Health and Wellness.

[Note: the reference to the Department of Health has been updated in accordance with Order in Council 2011-15 under the Public Service Act, R.S.N.S. 1989, c. 376.]

 

36   (1)    The municipality which operates the institution shall provide adequate clothing for all inmates of the institution.

 

       (2)    No inmate shall be expected to perform work duties without institutional clothing.

 

       (3)    There shall be a clothing change at least twice a week or more frequently if required and as determined by the type of work being performed.

 

       (4)    The Inspector of Penal Institutions in consultation with the municipality may designate institutions where the issue of inmate clothing is mandatory for all inmates confined therein.

 

37   (1)    Subject to subsection (4), every inmate upon admission shall be provided with a clean mattress and adequate bed linen.

 

       (2)    The Superintendent shall ensure that clean bed linen is issued periodically to each inmate as required.

 

       (3)    All mattresses shall be of a type as determined by the Inspector of Penal Institutions.

 

       (4)    The Inspector of Penal Institutions shall prescribe the type of bedding to be utilized in a lock-up house.

 

38   (1)    The municipality within which an institution is situated shall recruit, screen and train employees in accordance with standards, procedures and policy as determined by the Inspector of Penal Institutions.

 

       (2)    Every institution shall have twenty-four (24) hour surveillance of inmates based on a reasonable shift rotation.

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