Bill C-68

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First Reading

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	PART 5
	CUSTODY AND SUPERVISION
Purpose	82. (1) The purpose of the youth custody and supervision system is to contribute to the protection of society by
	(a) carrying out sentences imposed by courts through the safe, fair and humane custody and supervision of young persons; and
	(b) assisting young persons to be rehabilitated and reintegrated into the community as law-abiding citizens, by providing effective programs to young persons in custody and while under supervision in the community.
Principles to be used	(2) The following principles are to be used in achieving that purpose:
	(a) that the least restrictive measures consistent with the protection of the public, of personnel working with young persons and of young persons be used;
	(b) that young persons sentenced to custody retain the rights of other young persons, except the rights that are necessarily removed or restricted as a consequence of a sentence under this Act or another Act of Parliament;
	(c) that the youth custody and supervision system facilitate the involvement of the families of young persons and members of the public;
	(d) that custody and supervision decisions be made in a forthright and fair manner, and that young persons have access to an effective review procedure; and
	(e) that placements of young persons where they are treated as adults not disadvantage them with respect to their eligibility for and conditions of release.
Young person to be held apart from adults	83. Subject to subsection 30(3), paragraphs 76(1)(b) and (c) and sections 88 to 92, a young person who is committed to custody shall be held separate and apart from any adult who is detained or held in custody.
Levels of custody	84. (1) In the youth custody and supervision system in each province there must be at least two levels of custody for young persons distinguished by the degree of restraint of the young persons in them.
Designation of youth custody facilities	(2) Every youth custody facility in a province that contains one or more levels of custody shall be designated by
	(a) in the case of a youth custody facility with only one level of custody, being the level of custody with the least degree of restraint of the young persons in it, the lieutenant governor in council or his or her delegate; and
	(b) in any other case, the lieutenant governor in council.
Provincial director to specify custody level - committal to custody	(3) The provincial director shall, when a young person is committed to custody under paragraph 41(2)(n), (p) or (q) or an order is made under subsection 97(3), paragraph 102(2)(b), subsection 103(1) or paragraph 108(2)(b), determine the level of custody appropriate for the young person, after having taken into account the factors set out in subsection (5).
Provincial director to specify custody level - transfer	(4) The provincial director may determine a different level of custody for the young person when the provincial director is satisfied that the needs of the young person and the interests of society would be better served by doing so, after having taken into account the factors set out in subsection (5).
Factors	(5) The factors referred to in subsections (3) and (4) are
	(a) that the appropriate level of custody for the young person is the one that is the least restrictive to the young person, having regard to
	(i) the seriousness of the offence in respect of which the young person was committed to custody and the circumstances in which that offence was committed,
	(ii) the needs and circumstances of the young person, including proximity to family, school, employment and support services,
	(iii) the safety of other young persons in custody, and
	(iv) the interests of society;
	(b) that the level of custody should allow for the best possible match of programs to the young person's needs and behaviour, having regard to the findings of any assessment in respect of the young person; and
	(c) the likelihood of escape.
Placement and transfer at appropriate level	(6) After the provincial director has determined the appropriate level of custody for the young person under subsection (3) or (4), the young person shall be placed in the youth custody facility that contains that level of custody specified by the provincial director.
Notice	(7) The provincial director shall cause a notice in writing of a determination under subsection (3) or (4) to be given to the young person and a parent of the young person and set out in that notice the reasons for it.
Procedural safeguards	85. The provincial director shall ensure that procedures are in place to ensure that the due process rights of the young person are protected with respect to a determination made under subsection 84(3) or (4), including that the young person be
	(a) provided with any relevant information to which the provincial director has access in making the determination;
	(b) given the opportunity to be heard; and
	(c) informed of any right to a review under section 86.
Review	86. (1) A young person may apply for a review under this section of a determination
	(a) under subsection 84(3) that would place the young person in a facility at a level of custody that has more than a minimal degree of restraint; or
	(b) under subsection 84(4) that would transfer a young person to a facility at a level of custody with a higher degree of restraint or increase the degree of restraint of the young person in the facility.
Procedural safeguards	(2) The provincial director shall ensure that procedures are in place for the review under subsection (1), including that
	(a) the review board that conducts the review be independent;
	(b) the young person be provided with any relevant information to which the review board has access; and
	(c) the young person be given the opportunity to be heard.
Factors	(3) The review board shall take into account the factors referred to in subsection 84(5) in reviewing a determination.
Decision is final	(4) A decision of the review board under this section in respect of a particular determination is final.
Functions to be exercised by youth justice court	87. The lieutenant governor in council of a province may order that the powers conferred by subsections 84(3) and (4) be exercised by the youth justice court in that province. The following provisions of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, apply, with any modifications that the circumstances require, to the exercise of those powers:
	(a) the definitions ``review board'' and ``progress report'' in subsection 2(1);
	(b) section 11;
	(c) sections 24.1 to 24.3; and
	(d) sections 28 to 31.
Exception if young person is twenty years old or older	88. (1) When a young person is twenty years old or older at the time the youth sentence is imposed on him or her under paragraph 41(2)(n), (p) or (q), the young person shall, despite section 84, be committed to a provincial correctional facility for adults to serve the youth sentence.
If serving youth sentence in a provincial correctional facility	(2) If a young person is serving a youth sentence in a provincial correctional facility for adults pursuant to subsection (1), the youth justice court may, on application of the provincial director at any time after the young person begins to serve a portion of the youth sentence in a provincial correctional facility for adults, after giving the young person, the provincial director and representatives of the provincial and federal correctional systems an opportunity to be heard, authorize the provincial director to direct that the young person serve the remainder of the youth sentence in a penitentiary if the court considers it to be in the best interests of the young person or in the public interest and if, at the time of the application, that remainder is two years or more.
Provisions to apply	(3) If a young person is serving a youth sentence in a provincial correctional facility for adults or a penitentiary under subsection (1) or (2), the Prisons and Reformatories Act and the Corrections and Conditional Release Act, and any other statute, regulation or rule applicable in respect of prisoners or offenders within the meaning of those Acts, statutes, regulations and rules, apply in respect of the young person except to the extent that they conflict with Part 6 of this Act, which Part continues to apply to the young person.
Youth worker	89. (1) When a youth sentence is imposed committing a young person to custody, the provincial director of the province in which the young person received the youth sentence and was placed in custody shall, without delay, designate a youth worker to work with the young person to plan for his or her reintegration into the community, including the preparation and implementation of a reintegration plan that sets out the most effective programs for the young person in order to maximize his or her chances for reintegration into the community.
Role of youth worker when young person in the community	(2) When a portion of a young person's youth sentence is served in the community in accordance with section 96 or 104, the youth worker shall supervise the young person, continue to provide support to the young person and assist the young person to respect the conditions to which he or she is subject, and help the young person in the implementation of the reintegration plan.
Reintegration leave	90. (1) The provincial director of a province may, subject to any terms or conditions that he or she considers desirable, authorize, for a young person committed to a youth custody facility in the province further to an order under paragraph 76(1)(a) or a youth sentence imposed under paragraph 41(2)(n), (p) or (q),
	(a) a reintegration leave from the youth custody facility for a period not exceeding thirty days if, in the opinion of the provincial director, it is necessary or desirable that the young person be absent, with or without escort, for medical, compassionate or humanitarian reasons or for the purpose of rehabilitating the young person or reintegrating the young person into the community; or
	(b) that the young person be released from the youth custody facility on the days and during the hours that the provincial director specifies in order that the young person may
	(i) attend school or any other educational or training institution,
	(ii) obtain or continue employment or perform domestic or other duties required by the young person's family,
	(iii) participate in a program specified by the provincial director that, in the provincial director's opinion, will enable the young person to better carry out employment or improve his or her education or training, or
	(iv) attend an out-patient treatment program or other program that provides services that are suitable to addressing the young person's needs.
Renewal of reintegration leave	(2) A reintegration leave authorized under paragraph (1)(a) may be renewed by the provincial director for one or more thirty-day periods on reassessment of the case.
Revocation of authorization	(3) The provincial director of a province may, at any time, revoke an authorization made under subsection (1).
Arrest and return to custody	(4) If the provincial director revokes an authorization under subsection (3) or if a young person fails to comply with any term or condition of a reintegration leave or a release from custody under this section, the young person may be arrested without warrant and returned to custody.
Transfer to adult facility	91. (1) When a young person is committed to custody under paragraph 41(2)(n), (p) or (q), the youth justice court may, on application of the provincial director made at any time after the young person attains the age of eighteen years, after giving the young person, the provincial director and representatives of the provincial correctional system an opportunity to be heard, authorize the provincial director to direct that the young person, subject to subsection (3), serve the remainder of the youth sentence in a provincial correctional facility for adults, if the court considers it to be in the best interests of the young person or in the public interest.
If serving youth sentence in a provincial correctional facility	(2) The youth justice court may authorize the provincial director to direct that a young person, subject to subsection (3), serve the remainder of a youth sentence in a penitentiary
	(a) if the youth justice court considers it to be in the best interests of the young person or in the public interest;
	(b) if the provincial director applies for the authorization at any time after the young person begins to serve a portion of a youth sentence in a provincial correctional facility for adults further to a direction made under subsection (1);
	(c) if, at the time of the application, that remainder is two years or more; and
	(d) so long as the youth justice court gives the young person, the provincial director and representatives of the provincial and federal correctional systems an opportunity to be heard.
Provisions to apply	(3) If the provincial director makes a direction under subsection (1) or (2), the Prisons and Reformatories Act and the Corrections and Conditional Release Act, and any other statute, regulation or rule applicable in respect of prisoners and offenders within the meaning of those Acts, statutes, regulations and rules, apply in respect of the young person except to the extent that they conflict with Part 6 of this Act, which Part continues to apply to the young person.
Placement when adult and youth sentences	(4) If a person is subject to more than one sentence, at least one of which is a youth sentence imposed under paragraph 41(2)(n), (p) or (q) and at least one of which is a sentence referred to in either paragraph (b) or (c), he or she shall serve, in a provincial correctional facility for adults or a penitentiary in accordance with section 743.1 of the Criminal Code, the following:
	(a) the remainder of any youth sentence imposed under paragraph 41(2)(n), (p) or (q);
	(b) an adult sentence to which an order under paragraph 76(1)(b) or (c) applies; and
	(c) any sentence of imprisonment imposed otherwise than under this Act.
Youth sentence and adult sentence	(5) If a young person is committed to custody under a youth sentence under paragraph 41(2)(n), (p) or (q) and is also already subject to an adult sentence to which an order under paragraph 76(1)(a) applies, the young person may, in the discretion of the provincial director, serve the sentences, or any portion of the sentences, in a youth custody facility, in a provincial correctional facility for adults or, if the unexpired portion of the sentence is two years or more, in a penitentiary.
When young person reaches twenty years of age	92. (1) When a young person who is committed to custody under paragraph 41(2)(n), (p) or (q) is in a youth custody facility when the young person attains the age of twenty years, the young person shall be transferred to a provincial correctional facility for adults to serve the remainder of the youth sentence, unless the provincial director orders that the young person continue to serve the youth sentence in a youth custody facility.
If serving youth sentence in a provincial correctional facility	(2) If a young person is serving a portion of a youth sentence in a provincial correctional facility for adults pursuant to a transfer under subsection (1), the youth justice court may, on application of the provincial director after the transfer, after giving the young person, the provincial director and representatives of the provincial and federal correctional systems an opportunity to be heard, authorize the provincial director to direct that the young person serve the remainder of the youth sentence in a penitentiary if the court considers it to be in the best interests of the young person or in the public interest and if, at the time of the application, that remainder is two years or more.
Provisions to apply	(3) If the provincial director makes the direction, the Prisons and Reformatories Act and the Corrections and Conditional Release Act, and any other statute, regulation or rule applicable in respect of prisoners and offenders within the meaning of those Acts, statutes, regulations and rules, apply in respect of the young person except to the extent that they conflict with Part 6 of this Act, which Part continues to apply to the young person.
Annual review	93. (1) When a young person is committed to custody pursuant to a youth sentence under paragraph 41(2)(n), (p) or (q) for a period exceeding one year, the provincial director of the province in which the young person is held in custody shall cause the young person to be brought before the youth justice court at the end of one year from the date of the most recent youth sentence imposed in respect of the offence - and at the end of every subsequent year from that date - and the youth justice court shall review the youth sentence.
Annual review	(2) When a young person is committed to custody pursuant to youth sentences imposed under paragraph 41(2)(n), (p) or (q) in respect of more than one offence for a total period exceeding one year, the provincial director of the province in which the young person is held in custody shall cause the young person to be brought before the youth justice court without delay at the end of one year from the date of the earliest youth sentence imposed - and at the end of every subsequent year from that date - and the youth justice court shall review the youth sentences.
Optional review	(3) When a young person is committed to custody pursuant to a youth sentence imposed under paragraph 41(2)(n), (p) or (q) in respect of an offence, the provincial director may, on the provincial director's own initiative, and shall, on the request of the young person, the young person's parent or the Attorney General, on any of the grounds set out in subsection (6), cause the young person to be brought before a youth justice court to review the youth sentence,
	(a) when the youth sentence is for a period not exceeding one year, once at any time after the expiry of the greater of

Bill C-68

PART 5

CUSTODY AND SUPERVISION