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Bill C-351

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First Reading

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SUMMARY
Corrections and Conditional Release Act
Coming into force

First Session, Forty-fourth Parliament,

70-71 Elizabeth II – 1-2 Charles III, 2021-2022-2023

HOUSE OF COMMONS OF CANADA

BILL C-351
An Act to amend the Corrections and Conditional Release Act (maximum security offenders)

FIRST READING, September 18, 2023

Mr. Généreux

441310

SUMMARY

This enactment amends the Corrections and Conditional Release Act to require that inmates who have been found to be dangerous offenders or convicted of more than one first degree murder be assigned a security classification of maximum and confined in a maximum security penitentiary or area in a penitentiary.

Available on the House of Commons website at the following address:

www.ourcommons.ca

1st Session, 44th Parliament,

70-71 Elizabeth II – 1-2 Charles III, 2021-2022-2023

HOUSE OF COMMONS OF CANADA

BILL C-351

An Act to amend the Corrections and Conditional Release Act (maximum security offenders)

Preamble

Whereas Parliament considers that ensuring the secure confinement of offenders who pose a high risk to the safety of the public is consistent with the spirit and intent of the Canadian Victims Bill of Rights;

Now, therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1992, c. 20

Corrections and Conditional Release Act

1 (1) The portion of section 28 of the Corrections and Conditional Release Act before paragraph (a) is replaced by the following:

Criteria for selection of penitentiary

28 If a person is or is to be confined in a penitentiary, the Service shall take all reasonable steps to ensure that the penitentiary in which they are confined is one that provides them with Insertion start an Insertion end environment Insertion start that contains only the necessary restrictions Insertion end , taking into account

(2) Section 28 of the Act is renumbered as subsection 28(1) and is amended by adding the following:

Maximum security

(2) An inmate who was assigned a security classification of maximum under subsection 30(1.‍1) shall be confined in a penitentiary or area in a penitentiary that has been assigned a security classification of “maximum security”.

2 The portion of section 29 of the Act before paragraph (a) is replaced by the following:

Transfers

29 Insertion start Subject to subsection 30(1.‍1) Insertion end , the Commissioner may authorize the transfer of a person who is sentenced, transferred, or committed to a penitentiary

3 Subsection 30(1) of the Act is replaced by the following:

Service to classify each inmate

30 (1) Insertion start Subject to subsection (1.‍1) Insertion end , 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).

Maximum security classification

(1.‍1) The Service shall assign a security classification of maximum to any inmate who has been found to be a dangerous offender under Part XXIV of the Criminal Code or who has been convicted of more than one first degree murder within the meaning of section 231 of that Act.

4 Subsection 115(3) of the Act is replaced by the following:

Maximum security

(3) Offenders who, Insertion start under Insertion end subsection 30(1) and the regulations made under paragraph 96(z.‍6) Insertion start or under subsection 30(1.‍1) Insertion end , are classified as maximum security offenders are not eligible for an unescorted temporary absence.

Coming into force

Three months after royal assent

5 This Act comes into force on the day that, in the third month after the month in which it receives royal assent, has the same calendar number as the day on which it receives royal assent or, if that third month has no day with that number, the last day of that third month.

Published under authority of the Speaker of the House of Commons