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This enactment amends the Prisons and Reformatories Act by
adding a statement of purpose and principles for temporary absence
programs similar to the statement in the Corrections and Conditional
Release Act. The enactment also authorizes the provinces to create
additional types of temporary absences consistent with the purpose and
principles.
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The enactment extends the period of temporary absences granted for
non-medical reasons to a maximum of sixty days and adds the power
to renew temporary absences following a reassessment of the case. The
amendments authorize the provinces to establish eligibility criteria for
temporary absences in order to restrict the concurrent eligibility of
prisoners for some types of temporary absences and parole.
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The enactment sets out the grounds for suspending, cancelling or
revoking a person's temporary absence and confers the power to
apprehend and return the person into custody.
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Clause 1: New.
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Clause 2: Section 7 reads as follows:
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7. (1) Where, in the opinion of an officer designated by the lieutenant
governor of the province in which a prisoner is confined, it is necessary
or desirable that a prisoner should be absent, with or without escort, for
medical or humanitarian reasons or to assist in the rehabilitation of the
prisoner, subject to subsection (2), the absence may be authorized by
that officer for an unlimited period for medical reasons and for a period
not exceeding fifteen days for humanitarian reasons or to assist in the
rehabilitation of the prisoner.
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(2) Where a provincial parole board has been established for a
province, the lieutenant governor in council of the province may order
that no absence of a prisoner without escort be authorized from a prison
in the province except by the provincial parole board.
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