Bill C-293
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2nd Session, 37th Parliament, 51 Elizabeth II, 2002
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House of Commons of Canada
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BILL C-293 |
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An Act to amend the Corrections and
Conditional Release Act and the
Criminal Code (sentencing judge to
determine level of security of
incarceration of inmate for first third of
sentence)
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| 1992, c. 20
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CORRECTIONS AND CONDITIONAL RELEASE ACT |
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1. Paragraph 4(d) of the Corrections and
Conditional Release Act is replaced by the
following:
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2. Section 11 of the Act is replaced by the
following:
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| General
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11. A person who is sentenced, committed
or transferred to penitentiary may be received
into any penitentiary that has a security
classification equal to or higher than the level
of security ordered by the court pursuant to
section 718.4 of the Criminal Code, but any
designation of a particular penitentiary in the
warrant of committal is of no force or effect.
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3. Section 12 of the Act is replaced by the
following:
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| Fifteen day
delay
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12. Notwithstanding section 11, in order to
better enable a person who has been sentenced
to penitentiary or who is required by law to be
transferred to penitentiary to file an appeal or
attend to personal affairs, such a person shall
not be received in penitentiary until the
expiration of fifteen days after the day on
which the person was sentenced, unless the
person agrees to be transferred to a penitentia
ry before the expiration of those fifteen days.
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4. Section 30 of the Act is amended by
adding the following after subsection (1):
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| Consistency
of
classification
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(1.1) The security classification of an
inmate assigned pursuant to subsection (1)
shall
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5. Section 96 of the Act is amended by
adding the following after paragraph (c):
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| R.S., c. C-46
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CRIMINAL CODE |
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6. Subsection 527(6) of the Criminal Code
is replaced by the following:
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| Application of
sections
respecting
sentence
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(6) Sections 718.3, 718.4 and 743.1 apply
where a prisoner to whom this section applies
is convicted and sentenced to imprisonment
by the court, judge, justice or provincial court
judge.
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7. The Act is amended by adding the
following after section 718.3:
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| Security level
of
incarceration
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718.4 (1) A court that imposes a sentence of
a term of imprisonment for a period of two
years or more shall, at the time it imposes the
sentence, make an order specifying the mini
mum security level of the incarceration for the
first third of the period of imprisonment.
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| Security
classifications
as under
Corrections
and
Conditional
Release Act
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(2) The security level of the incarceration
ordered pursuant to subsection (1) shall be in
accordance with one of the security classifica
tions of institutions established pursuant to the
Corrections and Conditional Release Act.
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| Right to
appeal or
address court
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(3) A person who has the right to appeal or
address a court with respect to a sentence has
the right to appeal or address the court with
respect to the order mentioned in subsection
(1).
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