BILL 21 An Act to Amend the Corrections Act

BILL 21

An Act to Amend the Corrections Act

 

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 1 of the Corrections Act, chapter C-26 of the Revised Statutes, 1973, is amended

 

(a) by adding the following definitions in alphabetical order:

(i) "community correctional service" includes

(a) a service or program provided in a community that would not endanger the safety of the community, that is rehabilitative, educational, developmental, preventative, protective, monitoring or supervisory in nature and that

(i) would assist or support the reformation, reconciliation and reintegration of inmates into their community, or

(ii) would promote a sense of responsibility in offenders and acknowledgement of the harm done to victims, to the community and to themselves and their own families, and

(b) any service or program prescribed by regulation;

(ii) "community correctional service provider" includes a person that provides a community correctional service;

(iii) "offender" includes an inmate, parolee, probationer or person subject to conditional sentence;

 

 

 

(b) in the French version in the definition "Ministre" by striking out the period at the end of the definition and substituting a semicolon.

2 The Act is amended by adding after section 2 the following:

2.1 The Minister may, with the approval of the Lieutenant-Governor in Council, enter into an agreement with the government of Canada, the government of any other province or with any municipality respecting the acquisition or exchange of a service or program, including

(a) the confinement, initial placement or transfer of inmates,

(b) any matter relating to the supervision and rehabilitation of offenders, and

(c) any matter involving the administration of a service or program under the Act.

 

2.2 The Minister may enter into an agreement with a community correctional service provider respecting the acquisition, establishment, delivery and monitoring of a community correctional service.

2.3(1) For the purpose of ensuring compliance with the Act and regulations, the Minister may appoint any person to

(a) review, audit and make recommendations with respect to

(i) a community correctional service provider,

(ii) a community correctional service, or

 

(iii) any service or program provided within a correctional institution, and

(b) make an inquiry into any matter to which the Act applies as may be specified by the Minister.

2.3(2) A person appointed under subsection (1) is vested with all of the powers and privileges of a commissioner under the Inquiries Act for the purpose of an inquiry under paragraph (1)(b).

 

2.3(3) A community correctional service provider shall provide the person appointed under subsection (1) with all records, papers and other documents requested by the person appointed under subsection (1).

2.3(4) The person appointed under subsection (1) shall at the conclusion of the review, audit or inquiry report the results of the review, audit or inquiry to the Minister.

 

3 Section 3 of the Act is repealed and the following is substituted:

3 The Minister may appoint a person as Director of Correctional Services and may define the duties of the Director of Correctional Services.

4 Section 32 of the Act is amended

(a) by adding after paragraph (a) the following:

(a.1) respecting community correctional services and community correctional service providers;

(a.2) respecting a system of standards, procedures and inspections for the management of community correctional service providers and community correctional services delivered under this Act;

 

(a.3) respecting staff qualifications and staff requirements of community correctional service providers;

(a.4) respecting insurance coverage for community correctional service providers;

 

(b) in paragraph (c) by adding "both within a correctional institution and while outside a correctional institution receiving a community correctional service" after "inmates";

 

(c) in paragraph (d) by striking out "inmates" and substituting "offenders";

(d) in paragraph (h) by striking out "inmates" and substituting "offenders".

5 The person holding office as Director of Correctional Services on the commencement of section 3 of this amending Act shall be deemed to have been appointed under section 3 of the Corrections Act as amended by section 3 of this amending Act.

6 Section 2.1 as enacted by section 2 of this amending Act shall be deemed to have come into force on October 23, 1974.

7 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

EXPLANATORY NOTES

Section 1

The terms "community correctional service", "community correctional service provider" and "offender" are defined.

 

Section 2

The new section 2.1 authorizes the Minister, with the approval of the Lieutenant-Governor in Council, to enter into agreements in respect of the acquisition and exchange of services and programs.

The new section 2.2 authorizes the Minister to enter into agreements in respect of the acquisition, establishment, delivery and monitoring of community correctional services.

The new section 2.3 provides for the review, audit and recommendations in relation to community correctional services, community correctional service providers and services and programs provided within a correctional institution by a person other than the Minister. Additionally, provision is made for inquiries into matters in respect of which the Act applies.

 

 

Section 3

The existing provision is as follows:

3 The Lieutenant-Governor in Council may appoint a Director of Correctional Services and may define his duties.

Section 4

Additional regulation-making powers are added.

Section 5

Transitional provision

Sections 6 and 7

Commencement provisions