Correctional Services Act Regulations

t CORRECTIONAL SERVICES ACT REGULATIONS PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this regulation, current to December 2, 2023. It is intended for information and reference purposes only. This document is not the official version of these regulations. The regulations and the amendments printed in the Royal Gazette should be consulted on the Prince Edward Island Government web site to determine the authoritative text of these regulations. For more information concerning the history of these regulations, please see the Table of Regulations on the Prince Edward Island Government web site (www.princeedwardisland.ca). If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292 Email: legislation@gov.pe.ca Correctional Services Act Regulations Table of Contents CORRECTIONAL SERVICES ACT REGULATIONS Table of Contents Section Page PART I — INTERPRETATION 5 1. Definitions................................................................................................................................................ 5 PART II — THE DIRECTOR 6 2. Responsibilities ........................................................................................................................................ 6 3. Substitute Centre Manager ....................................................................................................................... 6 PART III — DUTIES OF A CENTRE MANAGER 6 4. Duties ....................................................................................................................................................... 6 5. Admission of inmate ................................................................................................................................ 7 6. Return of inmate’s possessions on release ............................................................................................... 8 7. Emergency, suspension of programs ........................................................................................................ 8 8. Searches ................................................................................................................................................... 8 9. Segregation .............................................................................................................................................. 9 10. Detection of drug use ............................................................................................................................... 9 11. Drug testing .............................................................................................................................................. 9 12. Instructions and policies ........................................................................................................................... 9 PART IV — DUTIES OF OFFICERS AND OTHER EMPLOYEES 9 13. Incident reporting ..................................................................................................................................... 9 14. Absence of officer in charge .................................................................................................................. 10 15. Responsibilities of officer ...................................................................................................................... 10 16. Conduct of officer, prohibitions ............................................................................................................. 12 17. Use of force ............................................................................................................................................ 12 18. Right of search ....................................................................................................................................... 13 19. Location and manner of search .............................................................................................................. 13 20. Contraband, employee’s obligations ...................................................................................................... 13 21. Search of visitors etc. for contraband ..................................................................................................... 13 PART V — GUIDANCE FOR INMATES 14 22. Inmates subject to rules .......................................................................................................................... 14 23. Breach of rules ....................................................................................................................................... 15 24. Contravention of rules ............................................................................................................................ 15 25. Mail ........................................................................................................................................................ 16 26. Report of activities of other inmate ........................................................................................................ 16 27. Work on holidays ................................................................................................................................... 16 28. Religious counsel ................................................................................................................................... 17 PART VI — GENERAL 17 29. Consultation in private with lawyer ....................................................................................................... 17 30. Rules etc. governing employees ............................................................................................................. 17 c t Current to: December 2, 2023 Page 3 Table of Contents Correctional Services Act Regulations 31. Visitors and volunteers ........................................................................................................................... 17 32. Weapons ................................................................................................................................................. 17 33. Transportation on release ....................................................................................................................... 18 Page 4 Current to: December 2, 2023 t c PART I — INTERPRETATION Correctional Services Act Regulations Section 1 c CORRECTIONAL SERVICES ACT Chapter C-26.1 REGULATIONS Pursuant to section 17 of the Correctional Services Act R.S.P.E.I. 1988, Cap. C-26.1 Council made the following regulations: PART I — INTERPRETATION 1. Definitions In these regulations, (a) “Act” means the Correctional Services Act R.S.P.E.I. 1988, Cap. C-26.1; (b) “health care professional” means a medical practitioner or a registered nurse licensed to practise in the province; (c) “program” means the employment, recreational, vocational, academic, rehabilitative or community service activities included in the daily routine of an inmate, which may be of an individual or a group nature; (d) “rules” means the rules set out in subsection 22(2); (e) “search” means the procedure used to detect the presence of and prevent the accumulation of contraband on the inmate’s person while within a correctional centre and adjacent property including (i) a strip search that requires the removal of an inmate’s clothing and includes a visual inspection of the naked body of the inmate and an inspection of all clothing and other articles in immediate possession of the inmate, (ii) a body cavity search requiring the internal inspection of an inmate’s body cavities by authorized medical personnel, (iii) a frisk or scan search requiring the correctional officer to pass hands or a scanner, or both, thoroughly over the inmate’s clothes, and (iv) a cell search requiring thorough searches of an inmate’s cell, its contents and the adjacent security area for contraband; (f) “segregation area” means an area so designated within a correctional centre to be used for increased security, protective custody and detention of inmates for disciplinary purposes. (EC616/92; 639/93; 987/23) c t Current to: December 2, 2023 Page 5 PART II — THE DIRECTOR Section 2 Correctional Services Act Regulations PART II — THE DIRECTOR 2. Responsibilities Subject to the approval of the Minister, the Director may establish policy and procedures and issue special instructions to ensure the efficient operation of the correctional centres including a code of conduct for staff. (EC616/92) 3. Substitute Centre Manager (1) The Director shall name the employee who will be in charge of a correctional centre during any period in which the Centre Manager would normally be absent. Idem (2) The employee who has been named to be in charge of a correctional centre pursuant to subsection (1) shall carry out the duties of a Centre Manager. (EC616/92) PART III — DUTIES OF A CENTRE MANAGER 4. Duties A Centre Manager shall (a) ensure that no one except an inmate is admitted to the custody of a correctional centre; (b) administer the correctional centre in accordance with the Act and these regulations and such policy and special instructions as may be established by the Director; (c) issue to the employees of the correctional centre such directions as may be necessary to fulfil their responsibility; (d) subject to the approval of the Director, establish the procedures to be followed on (i) the admission, discharge, illness or death of an inmate, and (ii) any other serious incident including escape, fire, suicide or disturbance; (e) cause inmates to be informed of their duties, rights and privileges while in the care and custody of the correctional centre and ensure that each inmate is assigned to a program, training, or other activity; (f) ensure that all fire-fighting and other safety equipment in the correctional centre is maintained in proper and serviceable condition at all times; (g) ensure that all employees and inmates of the correctional centre are fully aware of procedures to be followed in case of fire; (h) ensure that a practice fire drill is held at least once a month at an unannounced time; (i) check with due regularity to ensure that adequate security measures are being followed and observed at all times to prevent escapes; (j) cause the correctional centre and its contents, including inmates’ bedding and clothing, to be kept clean, sanitary and in good condition at all times; (k) ensure that employees are properly instructed in their duties and ensure those duties are being carried out in a professional manner; (l) ensure that all employees appear neat and tidy and comply with any dress requirements of a code of conduct or correctional centre policy; Page 6 Current to: December 2, 2023 t c PART III — DUTIES OF A CENTRE MANAGER Correctional Services Act Regulations Section 5 (m) ensure that a register is maintained showing the name, address, date, time in and time out of acceptable visitors, and ensure that both inmates and visitors are properly supervised at all times; (n) ensure that a record is maintained showing the name, date, time and nature of a complaint made by an inmate, that the Centre Manager determines to be genuine, and take the action the Centre Manager determines is necessary; (o) ensure shift schedules for employees are posted and indicate the officer in charge of each shift; (p) ensure that required records and returns are kept up to date and forwarded when due; (q) maintain a system to record the earliest possible release date of inmates and other matters requiring future attention; (r) ensure that the Director is immediately advised of any death, escape, fire, suicide, disturbance or other serious incident in connection with an inmate, employee, or the correctional centre; (s) ensure that the appropriate escort is available for a sentenced, or remand inmate requiring hospital treatment or court appearance or both; and (t) ensure transportation of an inmate to a designated federal penitentiary is carried out as required in a safe and secure manner. (EC616/92) 5. Admission of inmate (1) Upon reception of an inmate at a correctional centre, the Centre Manager shall (a) ensure that an inmate who is unconscious or who appears to be in need of immediate medical attention shall not be admitted to the correctional centre unless the inmate has been examined by a medical practitioner and the medical practitioner has completed and signed the form provided, confirming that, in the opinion of the medical practitioner, the inmate is not in need of immediate medical attention; (b) if the inmate is accompanied by a warrant, ensure that the warrant is checked for completeness and accuracy; (c) if the inmate is not accompanied by a warrant, ensure that the escorting police officer, police constable or authorized escort completes and signs the form provided for that purpose; (d) cause to be recorded the full name, address, age, charge, length of sentence if applicable, the time of admittance and the condition of the inmate as well as any other pertinent information that may be required by the Director; (e) cause to be made a complete and thorough search of the inmate including the removal of clothing; (f) cause to be made a complete record of all property, clothing and money in the inmate’s possession, signed by the inmate and witnessed by an officer to indicate that the record is accurate, or signed by two officers on behalf of the inmate if the inmate is unable or refuses to sign; (g) ensure that all property, clothing and money of the inmate is properly and safely stored in the correctional centre for return to the inmate upon release; (h) ensure that the inmate is issued with correctional centre’s clothing in accordance with the correctional centre’s policy; (i) ensure that all personal clothing of the inmate is appropriately washed or cleaned if necessary prior to release; c t Current to: December 2, 2023 Page 7 PART III — DUTIES OF A CENTRE MANAGER Section 6 Correctional Services Act Regulations (j) ensure that any articles detrimental to the security or safety of the correctional centre, staff, or its inmates are kept from the inmate until released; (k) determine and record the earliest possible release date of the inmate where applicable. Health examination to determine medication (2) Where an inmate is admitted to a correctional centre in possession of prescription drugs or the Centre Manager is otherwise aware that an inmate requires any kind of medication, the Centre Manager shall have the inmate examined by a health care professional who shall determine the necessity for medication, further consultation or both. Replacement medication (3) Medication in the possession of an inmate shall be removed from the inmate’s possession by an officer and the Centre Manager shall ensure that recommended replacements for the medication shall be administered on recommendations made by the health care professional referred to in subsection (2). Medical etc. assessment (4) Subject to the approval of the Director, a Centre Manager may refer an inmate for a medical, psychiatric or other assessment for the purpose of determining the medical fitness of the inmate to undergo continued confinement in the correctional centre. (EC616/92; 987/23) 6. Return of inmate’s possessions on release (1) Upon the release of an inmate, the Centre Manager shall ensure that all of the property, clothing and money held in safekeeping during detention are returned to the inmate and receipt obtained. Exceptions (2) Notwithstanding any other provision of these regulations, items that are listed in a standing order of the Director to be non-returnable items, shall not be returned to the inmate upon release. (EC616/92) 7. Emergency, suspension of programs (1) Where, in the opinion of a Centre Manager, a state of emergency exists within the correctional centre, the Centre Manager may suspend or reduce programs including recreation, visiting, and other programs as necessary until the correctional centre is back in normal operation. Notice to Director (2) Where programs are suspended by the Centre Manager pursuant to subsection (1), the Director shall be notified as soon as possible. Instructions (3) Notwithstanding subsection (1), the Director may determine whether a state of emergency exists and may instruct the Centre Manager respecting the suspension of or reinstatement of programs. (EC616/92) 8. Searches A Centre Manager may authorize a search at any time of Page 8 Current to: December 2, 2023 t c PART IV — DUTIES OF OFFICERS AND OTHER EMPLOYEES Correctional Services Act Regulations Section 9 (a) the correctional centre or any part of it, including adjacent property; (b) an inmate; (c) the property of an inmate; or (d) any vehicle located on the premises of the correctional centre. (EC616/92) 9. Segregation Where in the opinion of a Centre Manager an inmate being held pending transfer to a federal facility represents a risk to the safety, security or good order of the institution, that inmate may be held in segregation pending such transfer and a report of such measure shall be forwarded to the Director. (EC616/92) 10. Detection of drug use Subject to the approval of the Director, a Centre Manager may institute a random method for detection of drug use among inmates including urinalysis, blood sampling, electronic monitoring and breathalyzer. (EC616/92) 11. Drug testing (1) A Centre Manager may require any inmate to submit to a drug testing procedure as a prerequisite to the participation and continuation in any program for reasons of safety, security or addictions treatment. Idem, compliance with conditions of program (2) Subject to the policies and procedures approved by the Director, a Centre Manager may require that an inmate submit to urinalysis, either once or at regular intervals, in order to monitor the inmate’s compliance with any condition of temporary absence, work release or statutory release that requires abstention from drugs or alcohol. (EC616/92) 12. Instructions and policies Subject to the approval of the Director, a Centre Manager may issue instructions and develop policies designed to enable the efficient operation of a correctional centre. (EC616/92) PART IV — DUTIES OF OFFICERS AND OTHER EMPLOYEES 13. Incident reporting (1) The officer designated in charge of a shift shall be responsible for the efficient operation of the correctional centre during that shift and shall immediately advise the Centre Manager, and such other person as may be designated by the Director, of any serious or unusual incidents or matters of an emergency nature. Idem (2) On completion of the shift, the officer in charge shall make a report to the replacing officer of any incident that occurred or required attention during the shift, number of inmates, property, general state of the correctional centre and any other matter that may require further action. c t Current to: December 2, 2023 Page 9 PART IV — DUTIES OF OFFICERS AND OTHER EMPLOYEES Section 14 Correctional Services Act Regulations Report, before end of shift (3) No officer in charge of a shift shall leave the correctional centre without having made a complete report in accordance with subsection (2). (EC616/92) 14. Absence of officer in charge If the officer in charge of a shift is required to leave the correctional centre, the next senior officer on duty shall assume that position, including the duties under section 13. (EC616/92) 15. Responsibilities of officer An officer shall (a) be of good character and act as a positive role model to inmates, other employees and the public at all times; (b) obey all lawful directions of the Centre Manager or the officer in charge of a shift and perform duties in an orderly and efficient manner and in active cooperation with other correctional centre employees; (c) admit to the correctional centre any person brought there by a police officer, police constable, or other authorized person, except where otherwise directed by the Centre Manager; (d) if requested, give a receipt to the police officer, police constable or escort when receiving an inmate into the correctional centre; (e) ensure that all inmates being admitted are kept separate and apart according to the following categories, unless otherwise provided by operation of law, (i) youth male, (ii) youth female, (iii) adult male, and (iv) adult female; (f) with respect to segregation (i) have the right to place an inmate in segregation if, in the opinion of the officer, segregation is necessary for the inmate’s own safety or for the safety and security of others or the peace and quiet of the correctional centre, or at the request of the inmate if the officer considers the request to be genuine, (ii) upon placing an inmate in segregation, inform the inmate of the reason for the segregation, (iii) as far as possible immediately upon placing an inmate in segregation and in no case more than 48 hours afterwards, inform the Centre Manager in writing of the segregation and the reason for it; (g) on commencing the shift, check with the officer being relieved, the area of the correctional centre for which the officer is responsible and for conditions generally including safety systems, doors, windows, alarms, any incident which occurred, and cleanliness, and together they shall take count of the inmates to ensure that all are accounted for with findings recorded in writing; (h) keep all keys to the correctional centre in the officer’s possession and ensure that no inmate is allowed to handle any of the keys; (i) ensure that inmates are awakened and out of bed consistent with the scheduled daily routine of the correctional centre; Page 10 Current to: December 2, 2023 t c PART IV — DUTIES OF OFFICERS AND OTHER EMPLOYEES Correctional Services Act Regulations Section 15 (j) ensure that all inmates receive three meals per day and supervise the proper distribution of food at meal time; (k) ensure that all inmates are in their rooms or cells at night consistent with the scheduled daily routine of the correctional centre unless otherwise authorized by the Centre Manager; (l) in all parts of the correctional centre where inmates are held, cause all lights except night lights, to be extinguished not later than one half-hour after room confinement; (m) between the hours of 8:00 a.m. and 10:00 p.m. at irregular and unannounced times, and in any event at intervals not exceeding one hour, make a tour or inspection of the area of the correctional centre for which the officer is responsible to ensure the security, safety and custody of the inmates, and keep written record, including an inmate count, of each inspection and conditions found; (n) between the hours of 10:00 p.m. and 8:00 a.m. at irregular and unannounced times and in any event at intervals not exceeding one half-hour, make a tour or inspection of the area of the correctional centre for which the officer is responsible to ensure the security, safety, and custody of the inmates, and keep written record, including an inmate count, of each inspection and conditions found; (o) obtain permission from the officer in charge before leaving the correctional centre at all times other than regularly scheduled meal breaks; (p) accept fines, issue receipts and deposit the amounts collected in the correctional centre safe or other place of safekeeping designated by the Centre Manager; (q) release the inmate on whose behalf a fine was paid where the inmate is serving a default sentence only and the amount paid satisfies in full the amount of the fine outstanding and no other warrants necessitating the inmate’s continued custody are in the possession of the correctional centre; (r) when applicable, admit visitors to the correctional centre during hours set out in and consistent with correctional centre policy, and (i) if the correctional centre’s policy requires, and there is a specific reason to believe that a particular individual is attempting to introduce contraband for delivery to one or more inmates, search the visitors or refuse admission for a visit or both, and (ii) keep the inmate and visitor under close observation, and (iii) inspect or refuse any parcel or package brought to the correctional centre by the visitor; (s) endeavour to obtain the services of a member of the clergy when requested to do so by an inmate; (t) permit a member of the clergy to visit an inmate at all reasonable hours or at any time the officer is satisfied the need exists; (u) ensure that any inmate who appears in need of medical attention is properly attended to, that all medications are dispensed in accordance with instructions of a health-care professional and that all medical supplies are securely stored; (v) ensure the Centre Manager or officer in charge of a shift is immediately advised of any occurrence of a serious or unusual nature; (w) appear neat and clean and in the uniform issued by the Department of Justice and Public Safety while on duty or otherwise be attired as required by the code of conduct or correctional centre policy; (x) at all times follow and obey the Act and these regulations and any further lawful orders, policy or special instructions that may be issued from time to time; c t Current to: December 2, 2023 Page 11 PART IV — DUTIES OF OFFICERS AND OTHER EMPLOYEES Section 16 Correctional Services Act Regulations (y) assist an inmate in contacting the lawyer of the inmate’s choice when an inmate requests the services of a lawyer and, if requested, shall provide the inmate with a list from which the inmate may make the inmate’s own selection and the officer shall refrain from naming or recommending a specific individual and shall advise the inmate of the inmate’s right to contact a legal aid office; (z) search anything on the premises not accounted for. (EC616/92; 987/23) 16. Conduct of officer, prohibitions (1) An officer shall not (a) show any favouritism and shall at all times be firm but fair in the control of inmates; (b) use foul, indecent, vulgar or profane language while on duty; (c) take or borrow for personal use any stores or supplies purchased for or supplied to a correctional centre; (d) receive any benefit, advantage or interest from the sale, gift or loan of any article belonging to the correctional centre or an inmate; (e) furnish any information in respect to the correctional centre or any person in the correctional centre to any person, unless required to do so in the course of duty; (f) personally employ an inmate outside the correctional centre grounds; (g) permit an inmate to leave the correctional centre grounds unless consistent with an approved program or appropriate authority; (h) engage in the borrowing, lending, selling or trading of goods, money or other materials, with inmates, except items purchased through the correctional centre’s programs, and in accordance with correctional centre policy; (i) consume intoxicants while on duty or for a reasonable period of time prior to coming on duty or in such a manner as to interfere with the performance of the officer’s duties; (j) wilfully or through negligence or connivance allow an inmate to escape; (k) allow the correctional centre to be left unattended at any time; (l) sleep while on duty or be so positioned as to give the appearance of sleeping. Separation of sexes (2) Except in cases of extreme emergency, a male officer shall not enter into an area of the correctional centre occupied by female inmates without the presence of a female employee. (EC616/92; 987/23) 17. Use of force (1) An officer shall not use any force on an inmate except the minimum amount of force where absolutely necessary for self-defence, to conduct a search, or in the case of assault on another inmate or employee or where it is necessary to control a rebellious or disturbed inmate. Report (2) Where any amount of force is used against an inmate, a written report of the incident shall be submitted immediately to the Centre Manager or to the officer in charge of the shift by the officer involved. (EC616/92) Page 12 Current to: December 2, 2023 t c PART IV — DUTIES OF OFFICERS AND OTHER EMPLOYEES Correctional Services Act Regulations Section 18 18. Right of search (1) Subject to subsection (3), an officer shall at any time have the right to search an inmate including the right to remove an inmate’s clothing if in the officer’s opinion removal is necessary for the inmate’s own safety or protection or the security of the correctional centre. Search on direction of Centre Manager (2) Subject to subsection (3), where so directed by the Centre Manager or upon the return to the correctional centre of an inmate who has been off the correctional centre property for any reason, an officer shall make thorough search of the inmate including the removal of the inmate’s clothing if necessary or warranted and carry out, as required, any of the functions of the Centre Manager listed in section 5. Search of inmate of opposite sex or gender (3) An officer shall not search an inmate who, in relation to the officer, is of the opposite sex or identifies as the opposite gender except (a) where the search is necessary to ensure the safety of an inmate or the safety and security of other persons or property; (b) the search has been authorized by the officer in charge in accordance with the policy of the correctional centre; and (c) the search is conducted in the presence of another officer. (EC616/92; 987/23) 19. Location and manner of search All searches shall be conducted in a manner and location that is sensitive to the privacy and personal dignity of the person being searched. (EC616/92) 20. Contraband, employee’s obligations (1) No employee shall bring or attempt to bring contraband into or out of a correctional centre. Search of employee (2) Where a Centre Manager has reasonable grounds to believe that an employee is contravening subsection (1), the Centre Manager may authorize a search of the person of the employee or of any property of the employee that is located on the premises of the correctional centre. (EC616/92) 21. Search of visitors etc. for contraband (1) Any persons coming onto the grounds of a correctional centre, their vehicles and the articles of property in their possession, are subject to search to the degree necessary to ensure correctional centre security and prevent the introduction of contraband. Warning notice (2) At each correctional centre, a warning shall be posted at the entrance and at the visitor control point, stating that all visitors and vehicles entering the grounds are subject to being searched in accordance with these regulations. (EC616/92) c t Current to: December 2, 2023 Page 13 PART V — GUIDANCE FOR INMATES Section 22 Correctional Services Act Regulations PART V — GUIDANCE FOR INMATES 22. Inmates subject to rules (1) Every inmate who is confined to a correctional centre is subject to the rules set out in subsection (2). Rules (2) An inmate shall not (a) refuse to perform the work or duty assigned to the inmate or refuse to participate in any programs to which the inmate is assigned unless medically exempt; (b) show conduct of a manner that is detrimental to the welfare of other inmates or employees or to a correctional centre’s program; (c) use foul, indecent, vulgar or profane language; (d) disobey a lawful order given by an employee of the correctional centre; (e) possess contraband or deal in contraband with any person; (f) when requested to do so, refuse to stand to the side of the inmate’s cell or room door or bed when an inspection or search of any part of a correctional centre is being carried out; (g) possess or consume an intoxicant or drug in any form except a drug prescribed for the inmate by a medical practitioner or another person authorized to prescribe that drug to be consumed or applied as prescribed; (h) fail or refuse to provide a urine sample when required to do so in accordance with section 11; (i) smuggle an article either into or out of the correctional centre; (j) destroy or deface property or deliberately waste food; (k) assault or threaten to assault another person; (l) cause or conspire to cause a disturbance; (m) commit an indecent or offensive act toward another person by gesture, action or in writing; (n) enter an unauthorized area within the confines of the correctional centre; (o) leave the confines of the correctional centre except when escorted by an authorized person or as otherwise authorized to do so; (p) while on approved temporary absence from the correctional centre, contravene any of the conditions stipulated for the temporary absence; (q) disobey or breach a policy or special instructions of the Director or policies of the correctional centre; (r) counsel, aid or abet another inmate to do any act in contravention of the Act or these regulations, a policy or special instructions of the Director or policies of the correctional centre; (s) gamble for exchange of anything of value; or (t) attempt to break any of the rules set out in clauses (a) to (s). Exception – inmate not convicted (3) Clause (2)(a) does not apply to an inmate who has not been convicted or found guilty of an offence, but the inmate Page 14 Current to: December 2, 2023 t c PART V — GUIDANCE FOR INMATES Correctional Services Act Regulations Section 23 (a) is required to maintain the inmate’s room and living area in a clean and sanitary condition; and (b) may consent to participate in regular programs for inmates. (EC616/92; 987/23) 23. Breach of rules (1) Where an employee believes on reasonable grounds that an inmate has committed or is committing a breach of rules, the employee shall take reasonable steps to resolve the matter informally, if possible and shall record or log the outcome as required by Centre policy. Reasonable steps (2) For the purposes of subsection (1), reasonable steps include the temporary withdrawal of privileges or programs, in whole or in part, ordinarily enjoyed by the inmate. (EC616/92) 24. Contravention of rules (1) Where an inmate contravenes any of the rules, the Centre Manager may, having regard to the circumstances and the gravity of the contravention, consult with the Director to determine if action shall be taken against the inmate under an Act of the Parliament of Canada or a statute of the province or the inmate should be otherwise disciplined, punished or dealt with. Destruction of contraband (2) Where an inmate contravenes the provisions of clause 22(2)(e), the Centre Manager shall order the destruction of the contraband unless some other direction is authorized by the Director or by statute. Report of contravention and investigation (3) Where an inmate appears to have contravened any of the rules and the matter has not been resolved informally under section 23, a written report of the incident shall be delivered to the officer in charge, Centre Manager or the Centre Manager’s delegate who shall review the matter, and where appropriate, cause to investigate the incident further, including the preparation of a written report of the results of such investigation. Withdrawal of privileges (4) Pending the results of an investigation, the Centre Manager may temporarily withdraw privileges. Hearing (5) If, after an investigation it appears that a violation, of the rules, of the special instructions of the Director or of the Centre policies, has been established and requires further disposition, the Centre Manager shall review the report with the inmate, supply the inmate with the details of the investigation, hold a hearing and give the inmate an opportunity to be heard. Disciplinary penalties (6) If after the hearing, the inmate is found to be in breach of the rules, or of the special instructions of the Director or of the policies of the correctional centre, the Centre Manger may impose on the inmate one or more of the following penalties: (a) withdrawal, in whole or in part, of privileges or programs ordinarily enjoyed by the inmate; (b) performance of extra duties by the inmate; (c) payment for damages caused by the inmate, as appropriate; c t Current to: December 2, 2023 Page 15 PART V — GUIDANCE FOR INMATES Section 25 Correctional Services Act Regulations (d) segregation, but no segregation for any one violation shall exceed four days without the approval of the Director; (e) forfeiture of the whole or a portion of remission, but no such forfeiture shall exceed ten days without the approval of the Director. Criminal charges (7) If, after an investigation, criminal charges are laid, the Centre Manager, for the safety and security of the inmate under investigation and for the safety and security of persons and property, may temporarily withdraw any privileges and suspend any programming to the inmate pending the outcome of the criminal charges. (EC616/92; 987/23) 25. Mail (1) Subject to subsection (2), an inmate shall be allowed to send letters from the correctional centre and shall be permitted to receive letters addressed to the inmate. Interception of mail (2) Subject to subsection (3), letters to and from an inmate may be read by the Centre Manager, who may stop any letter, examine or inspect any part of it, if in his or her opinion the contents are prejudicial to the intended recipient, other persons, or the safety or security of the correctional centre. Disposition of intercepted mail (3) Subject to any policy established pursuant to section 2, where a letter is stopped, the Centre Manager, if in the Centre Manager’s opinion the contents are prejudicial to the intended recipient, other persons or the safety or security of the correctional centre, may dispose of the letter or forward it to the police for further investigation. Confidential mail (4) An inmate shall be permitted at any time to send letters to, at the inmate’s own cost, or to receive letters from the Minister, the Deputy Minister, the Director, members of the Parliament of Canada, and members of the Prince Edward Island Legislative Assembly and such letters shall be forwarded unopened, without delay. Confidentiality of lawyer-client mail (5) Notwithstanding any other provision of this section, where the Centre Manager can reasonably determine that a letter (a) is from an inmate to the inmate’s lawyer, the letter shall be forwarded to the lawyer unopened and without delay; and (b) is from an inmate’s lawyer to the inmate, the letter shall be given to the inmate unopened and without delay. (EC616/92; 987/23) 26. Report of activities of other inmate An inmate shall be given the opportunity to bring to the attention of the Centre Manager any act on the part of another inmate or an employee that allegedly affects the rights and privileges of the inmate. (EC616/92; 987/23) 27. Work on holidays No inmate shall be required to perform work in a correctional centre on a holiday except (a) to keep the inmate’s cell clean and tidy; Page 16 Current to: December 2, 2023 t c PART VI — GENERAL Correctional Services Act Regulations Section 28 (b) to assist in keeping the correctional centre clean and tidy; (c) to do essential work; and (d) to participate in regular programming or daily routine of the correctional centre. (EC616/92; 987/23) 28. Religious counsel No inmate shall be compelled to see a member of the clergy. (EC616/92) PART VI — GENERAL 29. Consultation in private with lawyer The Centre Manager or an officer shall permit a lawyer to consult with an inmate at the correctional centre at a reasonable hour or at any hour if the need exists and the consultation shall be private and confidential. (EC616/92; 987/23) 30. Rules etc. governing employees All employees shall be subject to the provisions of all rules and regulations of conduct and behaviour governing officers. (EC616/92) 31. Visitors and volunteers (1) Visitors and volunteers entering a correctional centre shall not give to or receive from an inmate anything that has not been examined and approved by the Centre Manager or an officer. Prohibition of visitation (2) The Centre Manager may prohibit any person from visiting the correctional centre or communicating with any inmate (a) if the person contravenes or attempt to contravene the provisions of subsection (1); or (b) if, in the opinion of the Centre Manger, the person presents a risk to the safety or good order of the correctional centre. (EC616/92) 32. Weapons (1) No person shall, within the limits of the property or grounds of a correctional centre, have in the person’s possession a firearm or other offensive weapon except upon the specific authorization of the Minister. Unauthorized presence (2) No person shall remain within the limits of the property or grounds of a correctional centre, without the authorization of the Director. Obligation of peace officer (3) Where for the purposes of this section or section 31, the assistance of a peace officer is requested by the Centre Manager, it is the duty of a peace officer to provide that assistance. (EC616/92; 987/23) c t Current to: December 2, 2023 Page 17 PART VI — GENERAL Section 33 Correctional Services Act Regulations 33. Transportation on release (1) Where an inmate who is to be released is apparently ill, infirm or at risk for any reason related to the release, the Centre Manager shall ensure that the inmate has transportation from the correctional centre to the inmate’s home or other reasonable destination, in accordance with policies and procedures established by the Director. Release of young offenders (2) Youth eligible for release shall be released to a peace officer, parent, guardian or other suitable adult. (EC616/92; 987/23) Page 18 Current to: December 2, 2023 t c