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Correctional Services Regulations

made under Section 94 of the

Correctional Services Act

S.N.S. 2005, c. 37

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

as amended up to O.I.C. 2013-105 (March 28, 2013, effective April 1, 2013), N.S. Reg. 90/2013


Table of Contents


Citation


Definitions


Compassionate Allowance

Application for compassionate allowance

Payment of compassionate allowance


Personnel

Criminal and background checks for prospective employees

Certification for prospective employees

Scope of employees’ responsibilities

Employee must notify Executive Director of arrest

Screening personnel for intoxicants

Inspectors’ qualifications

Confidentiality

Oath of office for employees


Code of Professional Conduct for Employees

Code of Professional Conduct established

Responsibly performing duties

Conduct and deportment

Positive work environment

Relationships with offenders

Conflict of interest

Public comments and activities

Consequences of non-compliance with Code


Weapons and Security Equipment

Restricted or prohibited weapon in correctional facility

Restricted or prohibited weapon in Correctional Services Division office

Security equipment for use to control offenders in custody

Security equipment for use by probation officers


Complaints

Designated employee for complaints

Acknowledging complaint

Investigating complaint

When complaint not required to be investigated

Deadline for resolving or referring complaint

Complaint appeal process


Community Corrections

Community corrections admission procedures

Conditions for community supervision

Screening offender under community supervision for intoxicants


Access to Correctional Facilities

Search warning must be posted at entrance

Mobile communication devices and computers

Operating vehicle at correctional facility

Times for visits

Visitor identification

Visit must be supervised

Superintendent may deny or suspend visiting privileges

Prohibited visitor activities

Prohibited visitors

Regulations and rules for visits must be posted


Admission to Correctional Facility

No admission to correctional facility without committal order

Correctional facility admission procedures


Offender’s Money and Property

Documenting and securing offender’s money and property

Offender must not possess money

Superintendent must establish account for offender

Money credited to offender’s account

Transactions to and from offender’s account

Offender’s property in safekeeping

Restrictions on offender property

Administering deceased offender’s money and property


Offender’s Entitlements

Clothing and amenities

Meals

Exercise

Request to see superintendent


Telephone Communications and Correspondence

Additional exemptions for telephone communications

When superintendent may restrict telephone communications

Certain correspondence exempt from inspection

Superintendent may prohibit possession of certain publications


Searches

Authorized employee for searches

Routine search on re-admission to correctional facility

Manner of conducting searches

If offender’s property seized or damaged in search

Conducting and observing strip search

Record of search


Seizing and Disposing of Contraband

Temporary restriction of offender believed to be carrying contraband

Disposing of contraband

Disposing of contraband if lawful outside correctional facility

Return of seized object or substance that is not contraband

Forfeit of seized object or substance


Supervising Offenders in Custody

Male employees in female offender units

Male employees escorting female offenders

Interviewing female offenders

Video surveillance tapes of female offenders

Screening offenders in custody for intoxicants

Conditions for confinement of offenders in custody

Review of close confinement

Privileges in close confinement

Employee must report use of force

Serious illness of an offender in correctional facility

Death of an offender in correctional facility


Disciplinary Rules and Procedures

Prescribed purposes for disciplinary rules and procedures

Disciplinary rules established by superintendent

Notice of disciplinary rules and procedures


Temporary Measures and Disciplinary Report

Employee’s actions on ascertaining disciplinary offence

Supervisor may revoke or vary temporary measure imposed by employee

Copy of discipline offence report to offender


Hearings and Penalties

When superintendent may consult with police

Penalty whether or not subject of court proceeding

Disciplinary hearing procedure

Disciplinary hearing in absence of offender

Imposing penalty

Notification of decision

When penalty enforceable

Review of penalty by superintendent

Appeal to Executive Director of superintendent’s decision


Conditional Release

Designated employee for authorizing conditional releases

Application for conditional release

Maximum time period for conditional release

Amounts charged to offenders on conditional release

Conditional release certificate

Offender must consent to terms and conditions of conditional release

Suspension of conditional release

Procedure for appealing conditional release decision

Death of offender on conditional release


Discharge and Release

Offender kept in correctional facility after sentence expires

Ex-offender not treated as offender

Returning offender’s money and property on discharge

Disposing of unclaimed money and property

Transportation and clothing for offender on discharge


Citation

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


Definitions

2     In these regulations,

 

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

 

                (b)    “complaint” means a written complaint made by an offender under subsection 24(2) of the Act;

 

                (c)    “disciplinary report” means a report completed by an employee under Section 88 about an offender who has breached a rule;

 

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

 

                (e)    “seized” means seized by an authorized employee in accordance with Section 65 of the Act;

 

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

 

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

 

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

 

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


Compassionate Allowance


Application for compassionate allowance

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

 

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

 

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

 

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


Payment of compassionate allowance

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


Personnel


Criminal and background checks for prospective employees

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

 

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

 

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

 

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

 

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


Certification for prospective employees

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

 

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


Scope of employees’ responsibilities

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

 

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

 

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

 

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


Employee must notify Executive Director of arrest

8     An employee who is questioned or charged by the police in connection with alleged criminal activity on the employee’s part must notify the Executive Director no later than 72 hours after the time of either of the following occurrences:

 

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

 

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


Screening personnel for intoxicants

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

 

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

 

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


Inspectors’ qualifications

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


Confidentiality

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

 

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

 

                (b)    not communicate with or provide information to agents of the news media about policies, incidents or other circumstances relating to functions performed by the Correctional Services Division without authorization from the Director of Communications for the Division;

 

                (c)    properly safeguard all documents, reports, directives, manuals and any other written material published, distributed or circulated by the Correctional Services Division;

 

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

 

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

 

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

 

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


Oath of office for employees

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

 

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


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


____________________________

A Commissioner of Oaths in and for

the Province of Nova Scotia

)
)
)
)
)
) __________________________



Code of Professional Conduct for Employees


Code of Professional Conduct established

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


Responsibly performing duties

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

                (j)     take appropriate action, including the use of force in accordance with Section 43 of the Act, if an offender does any of the following:

 

                         (i)     escapes or attempts to escape,

 

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

 

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

 

                (k)    adhere to established safety practices;

 

                (l)     promptly report a work accident;

 

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

 

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


Conduct and deportment

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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


Positive work environment

16   (1)    For the purposes of this Section,

 

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

 

                         (i)     race,

                         (ii)    ancestry,

                         (iii)   place of origin,

                         (iv)   colour,

                         (v)    ethnic origin,

                         (vi)   citizenship,

                         (vii)  creed or religion,

                         (viii) gender,

                         (ix)   political belief,

                         (x)    medical condition, including pregnancy,

                         (xi)   source of income,

                         (xii)  sexual orientation,

                         (xiii) age,

                         (xiv) record of offences,

                         (xv)  marital or family status,

                         (xvi) disability;

 

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

 

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

 

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

 

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

 

 

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

 

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

 

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

 

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


Relationships with offenders

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

 

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

 

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

 

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

 

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

 

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

 

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


Conflict of interest

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

 

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

 

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

 

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

 

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

 

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

 

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

 

                         (iv)   conflict with the employee’s duties;

 

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

 

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

 

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

 

                         (i)     the normal exchange of gifts between friends,

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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


Public comments and activities

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

 

                (a)    collective bargaining matters;

 

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

 

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

 

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


Consequences of non-compliance with Code

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

 

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


Weapons and Security Equipment


Restricted or prohibited weapon in correctional facility

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

 

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


Restricted or prohibited weapon in Correctional Services Division office

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


Security equipment for use to control offenders in custody

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

 

                (a)    handcuffs;

 

                (b)    flexcuffs;

 

                (c)    leg restraints;

 

                (d)    waist restraints;

 

                (e)    bed restraints;

 

                (f)    helmets;

 

                (g)    shields;

 

                (h)    mattresses;

 

                (i)     fire hoses;

 

                (j)     restraint chairs.


Security equipment for use by probation officers

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

 

                (a)    handcuffs;

 

                (b)    flexcuffs.


Complaints


Designated employee for complaints

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


Acknowledging complaint                                                                                                      

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


Investigating complaint

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

 

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

 

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

 

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


When complaint not required to be investigated

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

 

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

 

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

 

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

 

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

 

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

 

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


Deadline for resolving or referring complaint

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


Complaint appeal process

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

 

       (2)    A complainant’s appeal must be forwarded to the Executive Director no later than 10 business days after the date the complainant receives the response to their complaint.

 

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


Community Corrections


Community corrections admission procedures

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

 

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

 

                (a)    an intake interview;

 

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

 

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

 

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


Conditions for community supervision

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


Screening offender under community supervision for intoxicants

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

 

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

 

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

 

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


Access to Correctional Facilities


Search warning must be posted at entrance

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


Mobile communication devices and computers

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


Operating vehicle at correctional facility

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

 

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

 

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


Times for visits

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


Visitor identification

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

 

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

 

       (3)    A visitor who fails to comply with a superintendent’s request for a photograph must not be permitted to carry out the intended visit.


Visit must be supervised

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


Superintendent may deny or suspend visiting privileges

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

 

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


Prohibited visitor activities

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

 

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

 

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


Prohibited visitors

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

 

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

 

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

 

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

 

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

 

 

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

 

                         (i)     accompanied by an adult, or

 

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

 

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

 

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


Regulations and rules for visits must be posted

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


Admission to Correctional Facility


No admission to correctional facility without committal order

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


Correctional facility admission procedures

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

 

                (a)    photograph or video-record the offender;

 

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

 

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

 

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

 

                (a)    an intake interview;

 

                (b)    a health assessment;

 

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

 

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

 

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


Offender’s Money and Property


Documenting and securing offender’s money and property

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


Offender must not possess money

47   An offender must not possess money while in custody.


Superintendent must establish account for offender

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

 

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

 

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


Money credited to offender’s account

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

 

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

 

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

 

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


Transactions to and from offender’s account

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

 

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

 

       (3)    An offender’s account may be debited to pay fines or restitution imposed by a court order or restitution imposed as a penalty under Section 70 of the Act and clause 95(1)(e).

 

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


Offender’s property in safekeeping

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

 

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


Restrictions on offender property

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

 

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

 

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

 

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

 

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


Administering deceased offender’s money and property

53   On an offender’s death, the superintendent must

 

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

 

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


Offender’s Entitlements


Clothing and amenities

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

 

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

 

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

 

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


Meals

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


Exercise

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


Library

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


Request to see superintendent

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


Telephone Communications and Correspondence


Additional exemptions for telephone communications

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

 

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

 

                (b)    a representative of the Human Rights Commission.


When superintendent may restrict telephone communications

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

 

                (a)    the superintendent has reasonable grounds to believe that

 

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

 

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

 

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

 

                         (iv)   the telephone communication indicates that the offender may be participating in an activity that may jeopardize the safety, security or operation of the correctional facility;

 

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

 

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

 

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

 

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

 

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


Certain correspondence exempt from inspection

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

 

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

 

 

                (b)    a member of the Parliament of Canada;

 

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

 

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

 

                (e)    a representative of the Human Rights Commission;

 

                (f)    an inspector designated under the Act.

 

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

 

       (3)    If a superintendent reasonably believes that written material purportedly sent to an offender by a person or office referred to in Section 56 of the Act or subsection (1) is not from that person or office, the superintendent may withhold delivery of the material until satisfied of its authenticity.


Superintendent may prohibit possession of certain publications

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

 

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

 

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

 

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

 

                (d)    is offensive or discriminatory.


Searches


Authorized employee for searches

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


Routine search on re-admission to correctional facility

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


Manner of conducting searches

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


If offender’s property seized or damaged in search

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


Conducting and observing strip search

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

 

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

 

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


Record of search

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

 

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

 

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

 

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

 

                (c)    the reason for the search;

 

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

 

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


Seizing and Disposing of Contraband


Temporary restriction of offender believed to be carrying contraband

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


Disposing of contraband

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

 

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

 

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

 

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


Disposing of contraband if lawful outside correctional facility

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

 

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

 

                (b)    the offender be given 30 days from the date the object or substance was seized to make arrangements for its disposal or safekeeping outside the correctional facility; or

 

                (c)    the object or substance be disposed of if

 

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

 

                         (ii)    it is an intoxicant,

 

                         (iii)   it is a weapon,

 

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

 

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


Return of seized object or substance that is not contraband

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

 

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

 

                (b)    it is not contraband;

 

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

 

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


Forfeit of seized object or substance

73   An object or substance seized is forfeit to the government

 

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

 

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

 

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

 

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

 

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

 

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


Supervising Offenders in Custody


Male employees in female offender units

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

 

                (a)    during routine rounds and inspections;

 

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


Male employees escorting female offenders

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


Interviewing female offenders

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

 

                (a)    health services professional;

 

                (b)    spiritual advisor;

 

                (c)    probation officer;

 

                (d)    parole officer;

 

                (e)    teacher;

 

                (f)    children and family services worker;

 

                (g)    police officer;

 

                (h)    representative of the Office of the Ombudsman;

 

                (i)     representative of the Human Rights Commission.

 

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


Video surveillance tapes of female offenders

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


Screening offenders in custody for intoxicants

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

 

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

 

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

 

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


Conditions for confinement of offenders in custody

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

 

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

 

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

 

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

 

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


Review of close confinement

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

 

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

 

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

 

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


Privileges in close confinement

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


Employee must report use of force

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


Serious illness of an offender in correctional facility

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

 

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

 

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

 

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


Death of an offender in correctional facility

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

 

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

 

                (b)    notify the police;

 

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

 

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


Disciplinary Rules and Procedures


Prescribed purposes for disciplinary rules and procedures

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

 

                (a)    maintaining the law;

 

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

 

                (c)    maintaining the security of a correctional facility;

 

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

 

                (e)    protecting personal property and correctional facility property.


Disciplinary rules established by superintendent

86   (1)    At a minimum, the rules governing the conduct and activity of offenders established by a superintendent under clause 39(e) of the Act must state that an offender must not do any of the following:

 

                (a)    have in their possession any contraband;

 

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

 

                (c)    destroy or deface private or public property;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

                (k)    gamble;

 

                (l)     neglect performing the work and duties assigned;

 

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

 

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

 

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

 

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

 

                (q)    destroy food;

 

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

 

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

 

                (t)     make repeated frivolous complaints;

 

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

 

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

 

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

 

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

 

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

 

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


Notice of disciplinary rules and procedures

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

 

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


Temporary Measures and Disciplinary Report


Employee’s actions on ascertaining disciplinary offence

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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


Supervisor may revoke or vary temporary measure imposed by employee

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

 

                (a)    revoke or modify the temporary measure;

 

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

 

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


Copy of discipline offence report to offender

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


Hearings and Penalties


When superintendent may consult with police

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


Penalty whether or not subject of court proceeding

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


Disciplinary hearing procedure

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

 

                (a)    meet with the offender;

 

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

 

                (c)    hear the offender’s explanations;

 

                (d)    convene and hear any witnesses;

 

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

 

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

 

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


Disciplinary hearing in absence of offender

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

 

                (a)    the offender is voluntarily absent;

 

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

 

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

 

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


Imposing penalty

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

 

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

 

                (b)    performance of work;

 

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

 

                (d)    with the approval of the Executive Director, close confinement for longer than 15 days;

 

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

 

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

 

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

 

                (a)    the seriousness of the breach;

 

                (b)    the degree of premeditation;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

       (3)    An offender who is being penalized by having their communications or correspondence privileges restricted or by undergoing close confinement is not entitled to send or receive a letter or other communication, or to receive a visit, to or from anyone other than the following:

 

                (a)    the offender’s spiritual advisor;

 

                (b)    the offender’s lawyer;

 

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

 

                (d)    a representative of the Human Rights Commission;

 

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


Notification of decision

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

 

       (2)    If a penalty includes forfeiture of an offender’s remission, the superintendent must inform the offender of the amount of remission forfeited and the offender’s new release date.


When penalty enforceable

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


Review of penalty by superintendent

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

 

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

 

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

 

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

 

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

 

       (3)    A request for review of a penalty or a decision to penalize must be made in writing no later than 10 business days after the date of the decision, and must otherwise be in accordance with policies and procedures.

 

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


Appeal to Executive Director of superintendent’s decision

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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


Conditional Release


Designated employee for authorizing conditional releases

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


Application for conditional release

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

 

                (a)    the reason for the application;

 

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

 

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

 

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


Maximum time period for conditional release

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

 

       (2)    On the expiry of a conditional release, the designated employee who authorized it may reassess the case and renew the conditional release for one or more periods not exceeding 60 days each.

 

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


Amounts charged to offenders on conditional release

103 (1)    The amount of money charged to an offender under Section 86 of the Act as a contribution to the cost of custody while the offender is on conditional release must be equal to 20% of their gross wages, to a maximum of $22.65 per day of the conditional release.

Subsection 103(1) amended: O.I.C. 2013-105, N.S. Reg. 90/2013.

 

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


Conditional release certificate

104 (1)    A designated employee who authorizes a conditional release for an offender must issue a conditional release certificate indicating that the conditional release is authorized.

 

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

 

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

 

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

 

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

 

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

 

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

 

                

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


Offender must consent to terms and conditions of conditional release

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

 

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

 

                (a)    the offender;

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

 

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


Suspension of conditional release

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

 

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


Procedure for appealing conditional release decision

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

 

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

 

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


Death of offender on conditional release

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

 

                (a)    notify the police;

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

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


Discharge and Release


Offender kept in correctional facility after sentence expires

109 (1)    An ex-offender who is kept in a correctional facility after their sentence expires for one of the reasons referred to in subsection 51(3) of the Act must be released no later than 24 hours after the time of their originally scheduled release.

 

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


Ex-offender not treated as offender

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


Returning offender’s money and property on discharge

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

 

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

 

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


Disposing of unclaimed money and property

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

 

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

 

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

 

       (2)    A superintendent may dispose of retained money or property in accordance with policies and procedures if the offender who owns the money or property has not claimed it by the end of the 6-month period following the retention date.

 

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

 

                (a)    for money that is disposed of,

 

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

 

                         (ii)    the amount of money disposed of,

 

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

 

                (b)    for property that is disposed of,

 

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

 

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

 

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

 

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


Transportation and clothing for offender on discharge

113 (1)    On discharging an offender from a correctional facility, the superintendent may

 

                (a)    provide transportation to return the offender

 

                         (i)     to the place in Nova Scotia where the offender was convicted, or

 

                         (ii)    at the request of the offender and with the approval of the superintendent, to another place in Nova Scotia; and

 

                (b)    provide the offender with clothing that is suitable for the climate conditions at the time of discharge.

 

       (2)    The costs for clothing provided to an offender must be charged to the offender’s account.

 

       (3)    Despite subsection (2), if an offender is in need, as determined by the superintendent, the necessary clothing must be provided at public expense.