Correctional Services Regulation, M.R. 128/99 The Correctional Services Act , C.C.S.M. c. C230 Regulation 128/99 Registered August 9, 1999 bilingual version (HTML) Table of Contents Section PART 1 INTERPRETATION 1 Definitions PART 2 CUSTODIAL FACILITIES 2 Custodial facilities specified PART 3 INMATE DISCIPLINE 3 Reference to "correctional officer" 4 Notice of rules and regulations 5 Principles and procedures 6 Non-application to youth custody facilities 7 Disciplinary offences 8 Alternative resolution of disciplinary offence 9 Discipline board 10 Rights of inmate at hearing 11 Adjournments 12 Discipline board procedure 13 Penalties imposed by discipline board 14 Suspension of penalty 15 Dismissal of charge 16 Facility head may order new hearing PART 3.1 REMISSION 16.1 Definitions 16.2 Earning remission 16.3 Effect of remission 16.4 When remission cannot be earned 16.5 Conduct and program expectations 16.6 Designation of officers to determine remission 16.7 Calculating remission 16.8 Notice when full remission not earned 16.9 Appeal of determination 16.10 Further appeal to commissioner 16.11 Hearing discretionary 16.12 Inmate request to surrender credited remission 16.13 Re-crediting of remission PART 4 RESTRICTIONS 17 Restrictions within custodial facility 18 Temporary restrictions 19 Reporting of non-routine lock-down PART 5 SEGREGATION 20 Preventive segregation 21 Visiting inmates in segregation 22 Rights, privileges and conditions in segregation PART 6 VISITORS 23 Identification of visitor and purpose of visit 24 Business, emergency and other visits 25 Visits requiring facility head approval 26 Exchanging things with inmates PART 7 SEARCH, SEIZURE AND URINALYSIS 27 Definitions 28 Random selection program 29 Posting re search and seizure 30 Visitor refusing search or in possession of contraband 31 Manner of conducting search 32 Authority to search personal possessions and clothing 33 Non-intrusive and frisk searches 34 Strip searches 35 Limitation on searches 36 Searches of vehicles, cells, etc. 37 Searches in exceptional circumstances 38 Seizure of property 39 Reporting of searches 40 Return or forfeiture of seized property 41 Urinalysis to obtain evidence of intoxicant 42 Urinalysis to monitor compliance 43 Random selection 44 Manner of providing urine sample 45 Refusal to comply PART 8 PROPERTY 46 Restrictions re property 47 Possession of certain items prohibited 48 Storage of property 49 Disposal of perishable or hazardous property 50 Inmate trust account 51 Facility head may prohibit or limit money 52 Inmate allowances 53 Disbursements from inmate trust account 54 Disposal of unclaimed property 55 Record of inmate's unclaimed property 56 Disbursements from general trust account PART 9 TEMPORARY ABSENCE PROGRAM 57 Application 58 Purposes and principles of temporary absence 59 Facility head designated to authorize absences 60 Escorted absence 61 Facility head may renew, suspend, cancel or amend T.A. 62 Inmate may be required to pay costs 63 Unescorted T.A. for rehabilitation, reintegration or work 64 Unescorted T.A. on medical or humanitarian grounds 65 T.A. conditional on residing in supervised place 66 Unescorted T.A. in exceptional circumstances 67 Release before end of custody 68 T.A. may be subject to conditions 69 Form of authorization for unescorted T.A. PART 10 INMATE COMMUNICATIONS 70 Definitions 70.1 Authorized recording systems 70.2 Who can intercept inmate communications? 70.3 Who can monitor inmate communications? 70.4 Notice of recording or monitoring 70.5 Retaining recorded inmate communications 70.6 Notice of communication restriction 70.7 Three-way calls 70.8 Privileged communication 70.9 Intercepting mail to search for contraband 70.10 No application to surveillance recordings 71-72 Repealed PART 11 USE OF EQUIPMENT 73 Authorized equipment PART 12 COMPLAINTS AND APPEALS 74 Investigation of complaint 75 Appeals 76 Decisions final PART 13 GENERAL 77 Review of regulation 78 Coming into force PART 1 INTERPRETATION Definitions 1 In this regulation, "Act" means The Correctional Services Act ; («  Loi ») "authorized" means authorized by or under the Act, this regulation or the rules; (« autorisé ») "contraband" means any of the following, when possessed without prior authorization: (a) an intoxicant, (b) a weapon or a component thereof, ammunition for a weapon, and anything that is designed to kill, injure or disable a person or that is altered so as to be capable of killing, injuring or disabling a person, (c) an explosive or a bomb or a component thereof, (d) currency over any applicable limit prescribed by the rules, (e) tattoo equipment or needles, (f) any item not described in clauses (a) to (e) that could jeopardize the safety of a person or the security of a custodial facility, (g) any other item in the possession of a person contrary to this regulation or the rules; (« objets interdits ») "gang" means a group of individuals who associate together for (a) criminal or other unlawful purposes, or (b) purposes that could jeopardize the security of the custodial facility or the safety of a person; (« gang ») "rules" means rules established under subsection 25(1) of the Act and each reference to rules in relation to a custodial facility or to an inmate of a custodial facility is a reference to the rules made under that subsection for the facility; (« règles ») "segregation" means the confinement of one or more inmates, otherwise than as a restriction imposed under Part 4 or as part of a lock-down under subsection 41(2) of the Act, in a manner that prevents their physical contact with other inmates; (« isolement ») "youth custody facility" means a custodial facility or part of a custodial facility designated under the Youth Criminal Justice Act (Canada) for the custody of young persons. (« lieu de garde pour adolescents ») M.R. 138/2007 PART 2 CUSTODIAL FACILITIES Custodial facilities specified 2 Custodial facilities included under clause (a) of the definition "custodial facility" in section 1 of the Act include the buildings or properties known as follows: (a) Agassiz Youth Centre; (b) Brandon Correctional Centre; (c) Dauphin Correctional Centre; (d) [repealed] M.R. 138/2007 ; (e) Headingly Correctional Centre; (f) Manitoba Youth Centre; (g) Milner Ridge Correctional Centre; (h) Portage Correctional Centre; (i) Winnipeg Remand Centre; (j) The Pas Correctional Centre. M.R. 138/2007 PART 3 INMATE DISCIPLINE Reference to "correctional officer" 3 In this Part, "correctional officer" does not include (a) a volunteer; or (b) a contractor or employee of a contractor unless the contractor or employee is designated by the facility head as a correctional officer for the purposes of this Part. Notice of rules and regulations 4 The facility head of a custodial facility shall ensure that a copy of the rules and regulations governing the conduct of inmates in the facility (a) is posted in a place accessible to inmates; and (b) as soon as practicable following a reasonable request by an inmate, is made available for review by the inmate. Supervision and discipline in youth custody facilities Principles and procedures of supervision and discipline 5 Recognizing that young persons in custody require supervision, discipline and control but, because of their level of dependency, maturity and development, have special needs and require guidance and assistance, the supervision and discipline of inmates of a youth custody facility shall take into account and be applied in accordance with the following principles and procedures: (a) Appropriate behaviour should be encouraged through positive reinforcement whenever possible. (b) Young persons should bear responsibility for their behaviour, but should not in all circumstances be held accountable in the same manner or subjected to the same consequences for their behaviour as adults. (c) Positive reinforcement of appropriate behaviour and negative consequences for misbehaviour may be applied by any correctional officer and should be applied as soon as practicable after the behaviour. (d) Appropriate behaviour may be encouraged, and misbehaviour may be discouraged, through the systematic granting and withdrawal of privileges. (e) The extent to which privileges are withdrawn should be related to the degree of inappropriateness of the behaviour. (f) Group privileges may be granted to or withdrawn from a group of young persons in order to encourage appropriate behaviour of the group. (g) Segregation may be used to control a young person whose behaviour is disruptive or jeopardizes the safety of a person or the security of a custodial facility, but should be applied only as a last resort and only to the extent necessary, and should not be applied as punishment. Discipline in adult custodial facilities Non-application to youth custody facility 6 Sections 7 to 16 do not apply to inmates of a youth custody facility. Disciplinary offence while in custody 7(1) An inmate commits a disciplinary offence if he or she, while in custody or on an escorted temporary absence, (a) commits an unlawful act; (b) disobeys an order of a correctional officer; (c) is, without authorization, in an area prohibited to inmates; (d) behaves in a threatening, intimidating, abusive or indecent manner toward another person; (e) is in possession of, or deals in, contraband; (f) manufactures or uses an unauthorized drug or intoxicant or uses a drug in an unauthorized manner; (g) fails or refuses to submit to a test to deter and detect the use of an unauthorized drug or intoxicant when a demand is made pursuant to this regulation; (h) refuses to submit to, resists or obstructs a search authorized by or under this regulation; (i) creates, incites or participates in a disturbance or any other activity that is likely to jeopardize the safety of a person or the security of or maintenance of order in a custodial facility, including intentionally setting a fire; (j) without reasonable excuse, refuses to perform duties assigned to the inmate; (k) engages in gambling; (l) causes an unnecessary investigation or obstructs an investigation conducted or authorized by the facility head; (m) refuses to pay a fine, restitution or costs that the inmate is required to pay under the Act or this regulation; (n) alters, damages or interferes with a safety device; (o) transfers personal property to, or accepts personal property from, another person without authorization; (p) engages in activity that promotes or encourages the creation, status or activities of a gang, including the display of an item, symbol or use of signals associated with a gang; (q) makes a telephone call that (i) is indecent, threatening or abusive, (ii) contravenes a court order, (iii) a correctional officer has prohibited the inmate from making, or (iv) counsels, aids or abets a person to commit a criminal offence; (r) smokes in a non-smoking area designated under subsection 26(1) of the Act; (s) counsels, aids or abets an inmate to commit a disciplinary offence; (t) conceals evidence of the commission of a disciplinary offence by another inmate; (u) fails to promptly report to a correctional officer any circumstances in which the life or safety of a person is threatened; or (v) contravenes one or more rules. Disciplinary offence while on unescorted T.A. 7(2) An inmate commits a disciplinary offence if he or she, while on an unescorted temporary absence, commits an unlawful act or contravenes a term or condition of the temporary absence. Disciplinary offence and court action 7(3) An inmate may be charged with a disciplinary offence and disciplined under this regulation in respect of an act despite any action taken or that could be taken in a court of law in respect of the act. M.R. 138/2007 Alternative resolution of disciplinary offence 8(1) Where an inmate accepts responsibility for the commission of a disciplinary offence and a correctional officer believes that a resolution of the matter in accordance with this section is necessary or advisable for the maintenance of order and good management of the custodial facility, the officer shall make reasonable efforts to resolve the matter by applying, with the agreement of the inmate, one or more of the measures under subsection (2) considered appropriate for the circumstances by the officer and a supervising officer designated for the purpose by the facility head. Alternative resolution measures 8(2) Measures that may be applied under subsection (1) include the following: (a) a reprimand or warning; (b) a requirement to carry out reparative action; (c) a requirement to participate in or perform duties under a program referred to in subsection 13(1) of the Act; (d) a loss of privileges. No resolution 8(3) A disciplinary offence is not resolved under subsection (1) if the inmate fails to submit to or carry out any measures agreed to under that subsection. Charge issued where no resolution 8(4) Where a disciplinary offence is not resolved under subsection (1), a charge must be issued against the inmate in respect of the offence. M.R. 138/2007 Facility head to appoint chair of discipline board 9(1) The facility head of each custodial facility shall appoint, from among the correctional officers of the facility who do not supervise inmates, a person to chair the discipline board appointed from time to time under subsection (3) to hear and dispose of a charge issued in respect of a disciplinary offence allegedly committed by an inmate of the facility. Referral of charge 9(2) Every charge issued in a custodial facility in respect of a disciplinary offence shall be referred to the chair appointed under subsection (1) for the facility. Chair to appoint members and arrange hearing 9(3) On the referral of a charge under subsection (2), the chair of the discipline board shall (a) appoint at least two additional persons, none of whom was involved in the incident in respect of which the charge was issued or in the investigation of it, to sit on the discipline board to conduct a hearing into the charge; (b) set a date for the hearing as soon as practicable; and (c) ensure that the inmate is given written notice of the charge and particulars in sufficient time to give the inmate a reasonable opportunity to prepare for the hearing. Entitlement of inmate at disciplinary hearing 10(1) An inmate who is charged with a disciplinary offence is entitled to (a) the assistance of an interpreter, where the inmate is deaf or does not understand or speak the language in which the hearing is conducted; (b) present evidence and make representations at the hearing; and (c) make representation in respect of the penalty if the inmate is found responsible for the offence; and may request the assistance of a person of the inmate's choice who in the opinion of the chair of the discipline board, is reasonably available and would not present a security concern. Inmate responsible for obtaining assistance 10(2) An inmate who requests the assistance of a person under subsection (1) is responsible for all arrangements, including the payment of all fees and costs, for obtaining the requested assistance. Presence of inmate at hearing 10(3) A hearing by a discipline board into a charge of a disciplinary offence shall be conducted in the presence of the inmate unless (a) the inmate is voluntarily absent; (b) the board believes on reasonable grounds that the presence of the inmate would jeopardize the safety of a person present at the hearing; or (c) the inmate disrupts the hearing. Adjournments 11 The chair of a discipline board may, at any time before the commencement of a hearing into an alleged disciplinary offence, and a discipline board may, at any time after the commencement of a hearing, adjourn the hearing for a reasonable period of time (a) to allow the inmate to obtain assistance under subsection 10(1); (b) to facilitate the attendance of a witness; (c) to allow further investigation into the alleged offence; or (d) for any other reason. Discipline board not bound by rules of evidence 12(1) A discipline board may accept any evidence that it considers appropriate and is not bound by the rules of evidence. Basis of decision 12(2) A discipline board shall not find an inmate responsible for a disciplinary offence unless it is satisfied on a balance of probabilities, based on evidence presented at the hearing, that the inmate committed the offence. Summary of proceedings 12(3) The chair of a discipline board shall ensure that a summary of the board's proceedings in respect of a disciplinary offence is recorded in a form acceptable to the commissioner. Written notice of decision 12(4) The chair of a discipline board shall ensure that (a) written notice of its decision in respect of a disciplinary offence is given to the inmate, the facility head and the correctional officer who presented the matter to the board; and (b) the inmate is advised of the right to appeal the penalty under Part 12. Penalties imposed by discipline board 13(1) An inmate who is found responsible by a discipline board for a disciplinary offence is liable to one or more of the following as determined by order of the board: (a) a reprimand or warning; (b) a fine of not more than $200.; (b.1) the payment of restitution in respect of any property that was lost or damaged as a result of the offence; (c) not more than 40 hours of extra duties in the custodial facility; (d) a loss of privileges, as specified in the decision of the board, for not more than 30 days; (e) not more than 15 days of segregation as specified in the decision of the board; (f) forfeiture of not more than 30 days of remission earned under Part 3.1. Penalties for offences arising out of one incident 13(2) Where an inmate is found responsible for more than one disciplinary offence arising out of a single incident, the penalties imposed in respect of all of the offences must not exceed any of the maximum penalties set out under subsection (1). M.R. 138/2007 Suspension of penalty 14(1) A discipline board may, at the time of imposing a penalty, suspend all or part of the penalty on any conditions specified by the board and, if the inmate fails to satisfy any of the conditions, the chair of the board may impose all or any part of the suspended penalty. Further offence after suspension 14(2) Where a penalty is suspended under subsection (1) on condition that the inmate is not found responsible for a disciplinary offence committed within a period of time specified by the board and the inmate is found responsible for another disciplinary offence committed within the period, the chair of the board may impose the suspended penalty in addition to any penalty imposed in respect of the second disciplinary offence. Dismissal of charge 15 Where a charge against an inmate in respect of an alleged disciplinary offence is dismissed by a discipline board, the chair of the board shall ensure that any record of the charge, or of the matter resulting in the charge, maintained in the custodial facility indicates that the inmate was not found by the board to be responsible. Facility head may order new hearing 16 At any time after a hearing into a charge in respect of a disciplinary offence, the facility head, if he or she is satisfied that there exists new evidence that was not available at the time of the hearing, may order a new hearing into the charge. PART 3.1 REMISSION GENERAL MATTERS Definitions 16.1 The following definitions apply in this Part. "maximum remission" means (a) 15 days of remission of a sentence for each month in custody under a sentence; or (b) a prorated portion of the 15 days of remission for a period of custody of less than one month. (« réduction maximale de peine ») "remission" means early release from custody earned in accordance with this Part. (« réduction de peine ») M.R. 138/2007 Earning remission 16.2 An inmate earns remission by (a) obeying the rules and regulations respecting the conduct of inmates; (b) actively participating in programs under section 13 of the Act in accordance with the conduct and program expectations set out in a notice to the inmate under section 16.5; and (c) complying with the conditions of any temporary release. M.R. 138/2007 Effect of remission 16.3 Where remission is credited against a sentence being served by an inmate, the inmate is entitled to early release from custody based upon the amount of remission earned and not otherwise forfeited for disciplinary reasons. M.R. 138/2007 ELIGIBILITY When remission cannot be earned 16.4 An inmate is not eligible to earn remission if he or she is (a) a young person serving a custodial sentence imposed under the Youth Criminal Justice Act (Canada); (b) not sentenced to imprisonment; (c) unlawfully at large; (d) in segregation by order of a discipline board; (e) on full parole and not in custody; or (f) serving a sentence for contempt of court that includes a requirement that he or she return to the court. M.R. 138/2007 NOTICE OF EXPECTATIONS Conduct and program expectations 16.5(1) Unless not warranted because of the length of a period of imprisonment or the circumstances of an inmate, the facility head or a correctional officer designated by the facility head must prepare a notice of the expectations respecting the inmate's conduct and participation in programs of the custodial facility and provide the inmate with a copy of the notice. Expectations may change 16.5(2) The facility head or designated correctional officer may change the conduct and program expectations for an inmate when he or she considers necessary or advisable. A change of expectations is effective from the time the inmate is given written notice of such change. M.R. 138/2007 DETERMINATION OF REMISSION Designation of officers to determine remission 16.6(1) The facility head must designate a correctional officer, class of correctional officers or committee of correctional officers to determine the amount of remission earned by an inmate. Assessment of inmate conduct 16.6(2) The correctional officer or officers must (a) assess the extent to which an inmate has obeyed the applicable rules, regulations and conditions imposed on any temporary absence and satisfied any applicable conduct and program expectations referred to in section 16.5; and (b) base their assessment of inmate conduct and satisfaction of conduct and program expectations on written reports and documentation. M.R. 138/2007 Calculating remission 16.7(1) The correctional officer or officers must determine the remission earned by an inmate as follows: (a) where the inmate has obeyed all of the applicable rules, regulations and conditions imposed on any temporary absence and satisfied all of the applicable conduct and program expectations, credit the maximum remission; (b) where the inmate has obeyed most of the applicable rules, regulations and conditions imposed on any temporary absence and has satisfied most of the applicable conduct and program expectations, credit less than the maximum remission but not less than one half of the maximum remission; (c) where the inmate has obeyed few or none of the applicable rules, regulations and conditions imposed on any temporary absence and has failed to satisfy most of the applicable conduct and program expectations, credit less than one half of the maximum remission or no remission. Time for determination of remission earned 16.7(2) The remission earned by an inmate must be determined as soon as practicable and not later than the last day of the month following the period in question. M.R. 138/2007 Notice when full remission not earned 16.8(1) The facility head must ensure that an inmate who is not credited with the maximum remission for a period is given written notice of the determination not later than the last day of the month in which the determination was made. The notice must include reasons why the maximum remission was not credited. Unearned remission cannot be gained later 16.8(2) For greater certainty, an inmate who is not credited with the maximum remission for a period cannot later earn or be credited with the remission that was not earned for that period. M.R. 138/2007 Appeal of determination 16.9(1) An inmate who is not credited with the maximum remission may appeal the determination of remission to the facility head by giving written notice setting out the reasons for the appeal to a correctional officer within seven days after receiving notice of the determination. Decision on appeal 16.9(2) The facility head must, within 14 days after receiving a notice of appeal, confirm or vary the determination of remission for an inmate or refer it, with or without directions, back for redetermination by the correctional officer or officers who made the determination. Written notice of decision 16.9(3) The facility head must give the inmate written notice of his or her decision on appeal. M.R. 138/2007 Further appeal to commissioner 16.10(1) An inmate may appeal a decision under subsection 16.9(2) to confirm or vary a determination of remission for a period to the commissioner if the remission credited to the inmate on appeal is less than one-half of the maximum remission. Notice of appeal 16.10(2) An appeal under this section may be made by giving written notice setting out the reasons for the appeal to a correctional officer within seven days after receiving notice of the facility head's decision. Decision on appeal 16.10(3) The commissioner may confirm or vary the decision of the facility head, substitute his or her own determination of remission for the period under appeal or refer the determination of remission, with or without directions, back for redetermination by the correctional officer or officers who made the original determination. Written notice of decision 16.10(4) The commissioner must give the inmate written notice of his or her decision on appeal. M.R. 138/2007 Hearing discretionary 16.11(1) An appeal under section 16.9 or 16.10 may be decided with or without a hearing, at the discretion of the person to whom the appeal is made. Manner of conducting hearing 16.11(2) An appeal hearing under section 16.9 or 16.10 may be conducted orally, including by telephone, in writing, or partly orally and partly in writing, and must be held in accordance with any procedures established for such hearings by the commissioner. M.R. 138/2007 Inmate request to surrender credited remission 16.12(1) The facility head may allow an inmate to surrender some or all of the days of remission credited to the inmate and to remain in custody if (a) the inmate makes a written request to do so; and (b) the facility head is satisfied that it is desirable for medical or humanitarian reasons. Inmate request to be released 16.12(2) Where an inmate in writing withdraws his or her request to surrender remission at any time after the day on which the inmate is otherwise eligible to be released, the facility head must ensure that the inmate is released as soon as practicable. M.R. 138/2007 Re-crediting of remission 16.13(1) The facility head may re-credit an inmate with any remission that was forfeited under clause 13(1)⁠(f) on application by the inmate. Criteria 16.13(2) The facility head may recredit remission to an inmate if the inmate (a) has obeyed all of the applicable rules, regulations and conditions imposed on any temporary absence and satisfied all of the applicable conduct and program expectations since the inmate committed the disciplinary offence in question; and (b) has satisfied any other penalty imposed under subsection 13(1) for the disciplinary offence in question. M.R. 138/2007 PART 4 RESTRICTIONS Restrictions within custodial facility 17(1) The facility head of a custodial facility may hold inmates in separate locations within the facility for the safe and secure operation of the facility, for the well-being of inmates, for the operation of programs established under subsection 13(1) of the Act or for the maintenance of order and good management of the facility. Different conditions for different locations 17(2) The facility head of a custodial facility may impose different conditions of confinement for inmates in different locations within the facility. Restrictions on association 17(3) Inmates held in one location within a custodial facility may be restricted in their association with inmates held in other locations within the facility. Temporary restrictions 18(1) Despite any other provision of this regulation, a correctional officer may take immediate preventive action to ensure safety, security or order in a custodial facility by restricting, for up to 24 hours, an inmate's privileges, movement or interaction with other inmates. Review by supervisor 18(2) The facility head or any other person responsible for the supervision of a correctional officer who imposes a restriction under subsection (1) may revoke or modify any restriction imposed by the officer or impose any additional restriction that the officer could have imposed under that subsection. M.R. 138/2007 Reporting of non-routine lock-down 19 The facility head shall advise the commissioner or a person designated by the commissioner as soon as practicable of each non-routine lock-down imposed under subsection 41(2) of the Act and shall keep the commissioner or designate fully informed of the situation at the facility until the lock-down restrictions are removed. PART 5 SEGREGATION Preventive segregation 20(1) The facility head of a custodial facility or a person designated by the facility head for the purpose may order that an inmate be placed in segregation as a preventive measure if the facility head or designated person believes on reasonable grounds (a) that the inmate is acting or intends to act in a manner that could jeopardize the security of the custodial facility or the safety of a person; (a.1) that the inmate is directing or counselling, or intends to direct or counsel, another person to act in a manner that could jeopardize the security of the custodial facility or the safety of a person; (b) that the continued presence of the inmate in the non-segregated inmate population would jeopardize the security of the custodial facility or the safety of a person; (c) that the continued presence of the inmate in the non-segregated inmate population would interfere with an investigation that could lead to a criminal charge or a charge in respect of a disciplinary offence; (d) that the continued presence of the inmate in the non-segregated inmate population would jeopardize the inmate's own safety; or (e) that the segregation of the inmate is required to carry out a search under this regulation; and the facility head or designated person is satisfied that there is no reasonable alternative to the segregation. Review of preventive segregation 20(2) For the purpose of determining whether any of the grounds in subsection (1) for keeping an inmate in preventive segregation continue to exist, a person or persons designated by the facility head shall conduct a hearing to review the inmate's case (a) not later than seven days after the inmate is first placed in segregation; (b) during the first 60 days of the inmate's segregation, within 14 days after each immediately preceding hearing respecting the segregation; and (c) after the first 60 days of the inmate's segregation, within 30 days after each immediately preceding hearing respecting the segregation. Presence of inmate 20(3) A hearing under subsection (2) shall be conducted with the inmate present unless (a) the inmate is voluntarily absent; (b) the person or persons conducting the hearing believe on reasonable grounds that the inmate's presence would jeopardize the safety of any person present at the hearing; or (c) the inmate disrupts the hearing. Recommendation re release 20(4) The person or persons conducting a review under subsection (2) shall (a) recommend to the facility head (i) that the inmate be released from segregation, if they are satisfied that the grounds under subsection (1) for the continued segregation of the inmate no longer exist, or (ii) that the inmate remain in segregation; and (b) notify the inmate of their recommendation and of the inmate's right to make a submission to the facility head under subsection (5). Submission to facility head 20(5) Within 48 hours after being notified of a recommendation under subsection (4) contrary to his or her wishes, the inmate may make a written submission to the facility head setting out reasons why he or she opposes the recommendation. Decision of facility head 20(6) After considering the recommendation made under subsection (4) and any submission made under subsection (5), the facility head shall (a) release the inmate from segregation; or (b) notify the inmate of his or her decision to keep the inmate in segregation and, if the inmate has been in continuous segregation for more than 60 days, advise the inmate of his or her right of appeal under Part 12. Delay in release from segregation 20(7) The facility head must not act on a recommendation to release an inmate from segregation until the end of 48-hour period referred to in subsection (5) if the inmate does not wish to be released and has not yet made a submission under that subsection. Report of hearing 20(8) If an inmate remains in preventive segregation for a period of more than 60 days, the person or persons conducting the last hearing under subsection (2) shall provide a report of the hearing to the facility head. Copy to commissioner 20(9) The facility head shall provide to the commissioner a copy of each report given to the facility head under subsection (8). M.R. 138/2007 Visiting inmates in segregation 21(1) The facility head or a person designated by the facility head shall visit every inmate in segregation daily, and shall ensure that a nurse visits every such inmate at least weekly. Release on medical or humanitarian grounds 21(2) Despite any order of the discipline board, the facility head or a person designated by the facility head may at any time release an inmate from segregation for medical or humanitarian reasons. Rights, privileges and conditions in segregation 22 An inmate in segregation shall be given the same rights, privileges and conditions of confinement as the non-segregated inmate population except for those rights, privileges and conditions that (a) can be enjoyed only in association with other inmates; (b) cannot reasonably be given or applied, or be given or applied to the full extent, because of limitations specific to the segregation area or because of safety or security requirements; or (c) are denied by the decision of the discipline board that placed the inmate in segregation. PART 6 VISITORS Identification of visitor and purpose of visit 23(1) Every visitor to a custodial facility shall state the nature and purpose of his or her visit and present identification satisfactory to the correctional officer responsible for admitting visitors. Photograph of visitor 23(2) A visitor to a custodial facility shall, at the request of a correctional officer or staff member, submit to having his or her photograph taken for the purpose of facilitating the identification of visitors to custodial facilities. Denial of visiting privileges 23(3) A visitor who fails to comply with subsection (1) or a request referred to in subsection (2) shall not be permitted to carry out the intended visit. Business visit 24(1) Subject to subsection 49(7) of the Act (M.L.A.s and judges), a person who visits a custodial facility in an official capacity, to carry out a legal responsibility or for the purpose of providing a service or supplies to the facility shall visit the facility only during normal business hours as determined by the facility head or at a time or times prearranged with the correctional officer in charge and shall conduct the visit under such supervision as the facility head or correctional officer in charge considers appropriate. Emergency visit 24(2) A person who is permitted to enter a custodial facility to respond to an emergency shall be granted such access to the facility and to inmates within the facility as the facility head or correctional officer in charge considers necessary for the person to respond to the emergency and shall conduct the visit under such supervision as the facility head or correctional officer in charge considers appropriate for the circumstances. Other visits 24(3) A visit not referred to in subsections (1) and (2) shall be made under the supervision of a correctional officer and shall be made only during normal visiting hours as determined by the facility head or at another time prearranged with a correctional officer designated by the facility head for the purpose. Visits requiring approval of facility head 25 The following individuals shall be denied permission to visit an inmate or a custodial facility unless the visit is approved by the facility head: (a) an individual who is believed on reasonable grounds to be a member or associate of a gang; (b) an individual who is under a court order of community supervision; (c) an individual who has been released within the past 365 days from a sentence of custody; (d) an individual whose visit could jeopardize the safety of a person or the security of or maintenance of order in the custodial facility; (e) an individual who is a minor, unless he or she is accompanied by an adult or is over the age of 15 years and is the spouse or a child or sibling of the inmate to be visited. M.R. 138/2007 Exchanging things with inmates 26 No visitor to a custodial facility shall, without the consent of a correctional officer, (a) give any thing to or receive any thing from an inmate; or (b) deposit or leave any thing in the facility for an inmate of the facility. PART 7 SEARCH, SEIZURE AND URINALYSIS Definitions 27 In this Part, "canine search" means a search of property or a person's clothed body by a dog under the direction and control of a correctional officer or an authorized peace officer; (« fouille par un chien ») "frisk search" means a manual search of a person's clothed body; (« fouille par palpation ») "non-intrusive search" means a search, with a technological device, of a person's clothed body; (« fouille discrète ») "random selection" , in relation to a search of an inmate or visitor or a urinalysis test of an inmate, means a selection procedure in which every inmate or visitor, as the case may be, has the same probability of being selected for the search or test; (« au hasard ») "strip search" means a visual inspection of any unclothed area of a person's body. (« fouille à nu ») M.R. 138/2007 Random selection program 28(1) The facility head of a custodial facility may establish a random selection search program or urinalysis program for the purpose of ensuring safety and security within the facility. Rules and procedures 28(2) A facility head proposing to establish a random selection program under subsection (1) shall first make rules respecting the program, which shall include procedures for conducting searches under the program or for the taking and analysis of urine samples under the program. Search and seizure Posting re search and seizure 29 There shall be a sign posted at the entrance to every custodial facility (a) warning that vehicles and persons at or within the facility may be searched; (b) prohibiting possession at or in the facility, or in specified parts of the facility, of specified items or of all items not specified; (c) warning that items found in possession contrary to a prohibition posted under clause (b) may be seized and disposed of in accordance with the regulations; and (d) warning visitors not to give any thing to, accept any thing from, or leave any thing in the facility for, an inmate without the consent of a correctional officer. Visitor refusing search or in possession of contraband 30 Where a person requesting permission to visit a custodial facility refuses to submit to a search under this Part or is found to be in possession of contraband, the facility head or correctional officer in charge may, in addition to exercising any authority he or she may have as a peace officer, (a) restrict the person to a non-contact visit; or (b) require the person to leave the facility; and may deny the person future visiting privileges. Manner of conducting search 31(1) A search of a person under this Part shall be conducted (a) in the manner prescribed by the rules; (b) with due respect for the person or property being searched; and (c) with no more force than is reasonable and necessary. Who may conduct searches 31(2) A search under this regulation is to be conducted by a correctional officer or a peace officer who has been authorized to conduct searches by the facility head or his or her designate. M.R. 138/2007 Authority to search personal possessions and clothing 32 A correctional officer or an authorized peace officer may, in the course of searching a person under this Part, also search the personal possessions the person is carrying and any clothing removed from the person's body. M.R. 138/2007 Non-intrusive searches 33(1) A correctional officer or an authorized peace officer may conduct a non-intrusive search of any person within a custodial facility in accordance with subsection (3). Canine searches 33(1.1) A correctional officer or an authorized peace officer may conduct a canine search within a correctional facility in accordance with subsection (3). Frisk searches 33(2) A correctional officer or an authorized peace officer may conduct a frisk search of an inmate or visitor in accordance with subsections (3) and (4). Grounds for search 33(3) A search under subsection (1), (1.1) or (2) may be conducted (a) without individualized suspicion, in accordance with the routine security practices or random selection procedures established for the purpose of ensuring the safety of persons, the security of or maintenance of order in a custodial facility or the compliance of inmates with this regulation and the rules; (b) where the officer believes on reasonable grounds that the person to be searched is in possession of (i) contraband, (ii) a property or substance that may, or may be used to, adversely affect the health or safety of a person or the security or maintenance of order within the facility, or (iii) evidence of or relating to a disciplinary offence; or (c) where the search is authorized under section 37. Frisk search of female 33(4) A frisk search of a female inmate or visitor shall be conducted by a female correctional officer or an authorized female peace officer. M.R. 138/2007 Strip search of inmate 34(1) A correctional officer or an authorized peace officer of the same sex as an inmate may conduct a strip search of the inmate (a) without individualized suspicion, in accordance with the routine security practices or random selection procedures established for the purpose of ensuring the safety of persons, the security of or maintenance of order in a custodial facility or the compliance of inmates with this regulation and the rules; (b) where the officer (i) believes on reasonable grounds that the inmate is in possession of (A) contraband, (B) a property or substance that may, or may be used to, adversely affect the health or safety of a person or the security or maintenance of order within the facility, or (C) evidence of or relating to a disciplinary offence, and that a strip search is necessary to find it, and (ii) satisfies the facility head or correctional officer in charge that there are reasonable grounds to so believe; or (c) where the search is authorized under section 37. Supervision of strip search 34(2) A correctional officer or an authorized peace officer conducting a strip search of an inmate shall be supervised by a correctional officer who, where practicable, shall be of the same sex as the inmate. Supervision by officer of opposite sex 34(3) Where it is not practicable for a strip search to be conducted under the supervision of a correctional officer of the same sex as the inmate, a correctional officer of the opposite sex may supervise the officer conducting the search, but only if the supervising officer cannot see the inmate being searched. M.R. 138/2007 Limitation on searches 35(1) No correctional officer or authorized peace officer conducting a search of an inmate shall physically probe any body cavity of the inmate. Contraband ingested or concealed in body cavity 35(2) A facility head or a correctional officer in charge of a custodial facility who believes on reasonable grounds that an inmate has ingested contraband or is carrying contraband in a body cavity may impose the temporary restriction of the inmate under supervision and in a manner that limits the inmate's ability to hide or dispose of contraband or bodily wastes that may contain contraband, on the expectation that the contraband will be expelled. M.R. 138/2007 Searches of vehicles, cells, etc. 36(1) A correctional officer or an authorized peace officer may conduct a search in accordance with subsection (2) of (a) a vehicle entering or at a custodial facility; (b) a cell or other part of a custodial facility; or (c) personal property found at or within a custodial facility. Grounds for search 36(2) A search under subsection (1) may be conducted (a) without individualized suspicion, in accordance with routine security practices or random selection procedures established for the purpose of ensuring the safety of persons, the security of or maintenance of order in a custodial facility or the compliance of inmates with this regulation and the rules; (b) if the correctional officer or authorized peace officer believes on reasonable grounds that the vehicle, the cell or other part of the facility or the personal property contains (i) contraband, (ii) a property or substance that may, or may be used to, adversely affect the health or safety of a person or the security or maintenance of order within the facility, or (iii) evidence of or relating to a disciplinary offence; or (c) the search is authorized under section 37. M.R. 138/2007 Searches in exceptional circumstances 37 Where the facility head of a custodial facility believes on reasonable grounds that (a) there exists a clear and substantial danger to human life or safety or to the security of the facility; and (b) a search of all or any part of the facility, a non-intrusive search or canine search of persons present in all or any part of the facility or a frisk search or strip search of some or all of the inmates of the facility is necessary in order to avert the danger; the facility head may authorize one or more of such searches to be conducted. M.R. 138/2007 Seizure of property 38(1) A correctional officer of a custodial facility or an authorized peace officer may seize the following property located at or within the facility: (a) contraband or other property possessed without authorization; (b) evidence of or relating to a disciplinary or criminal offence or a contravention of section 26 (exchanging things with inmates). Report of seizure of property 38(2) A correctional officer or an authorized peace officer who seizes property under subsection (1) shall report the seizure to the facility head or correctional officer in charge as soon as practicable and in a form acceptable to the facility head. M.R. 138/2007 Reporting of searches 39(1) A correctional officer or an authorized peace officer who conducts a strip search under clause 34(1)⁠(b) or uses force to carry out a search under this Part shall report the search to the facility head or correctional officer in charge as soon as practicable and in a form acceptable to the facility head.
