Corrections and Conditional Release Act (S.C. 1992, c. 20)

Marginal note:Transfers

29. The Commissioner may authorize the transfer of a person who is sentenced, transferred or committed to a penitentiary to

• (a) another penitentiary in accordance with the regulations made under paragraph 96(d), subject to section 28; or

• (b) a provincial correctional facility or hospital in accordance with an agreement entered into under paragraph 16(1)(a) and any applicable regulations.

Marginal note:Service to classify each inmate

• 30. (1) The Service shall assign a security classification of maximum, medium or minimum to each inmate in accordance with the regulations made under paragraph 96(z.6).

• Marginal note:Service to give reasons

  (2) The Service shall give each inmate reasons, in writing, for assigning a particular security classification or for changing that classification.

• Marginal note:Subclassification

  (3) Within the maximum and medium security classifications, the Commissioner may assign an inmate to a subclassification in accordance with the regulations made under paragraph 96(z.6).

• Marginal note:Commissioner to give reasons

  (4) The Commissioner or the staff member designated by the Commissioner shall give each inmate reasons, in writing, for assigning them to a subclassification or for changing that subclassification.

Marginal note:Purpose

• 31. (1) The purpose of administrative segregation is to maintain the security of the penitentiary or the safety of any person by not allowing an inmate to associate with other inmates.

• Marginal note:Duration

  (2) The inmate is to be released from administrative segregation at the earliest appropriate time.

• Marginal note:Grounds for confining inmate in administrative segregation

  (3) The institutional head may order that an inmate be confined in administrative segregation if the institutional head is satisfied that there is no reasonable alternative to administrative segregation and he or she believes on reasonable grounds that

  • (a) the inmate has acted, has attempted to act or intends to act in a manner that jeopardizes the security of the penitentiary or the safety of any person and allowing the inmate to associate with other inmates would jeopardize the security of the penitentiary or the safety of any person;

  • (b) allowing the inmate to associate with other inmates would interfere with an investigation that could lead to a criminal charge or a charge under subsection 41(2) of a serious disciplinary offence; or

  • (c) allowing the inmate to associate with other inmates would jeopardize the inmate’s safety.