Bill C-483
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C-483
First Session, Forty-first Parliament,
60-61-62 Elizabeth II, 2011-2012-2013
HOUSE OF COMMONS OF CANADA
BILL C-483
An Act to amend the Corrections and Conditional Release Act (escorted temporary absence)
first reading, March 8, 2013
NOTE
2nd Session, 41st Parliament
This bill was introduced during the First Session of the 41st Parliament. Pursuant to the Standing Orders of the House of Commons, it is deemed to have been considered and approved at all stages completed at the time of prorogation of the First Session. The number of the bill remains unchanged.
Mr. MacKenzie
411658
SUMMARY
This enactment amends the Corrections and Conditional Release Act to limit the authority of the institutional head to authorize the escorted temporary absence of an offender convicted of first or second degree murder.
Available on the Parliament of Canada Web Site at the following address:
http://www.parl.gc.ca
http://www.parl.gc.ca
1st Session, 41st Parliament,
60-61-62 Elizabeth II, 2011-2012-2013
house of commons of canada
BILL C-483
An Act to amend the Corrections and Conditional Release Act (escorted temporary absence)
Her 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) Subsections 17(1) to (4) of the Corrections and Conditional Release Act are replaced by the following:
Institutional head
17. (1) The institutional head may, subject to section 746.1 of the Criminal Code, subsection 140.3(2) of the National Defence Act and subsection 15(2) of the Crimes Against Humanity and War Crimes Act, authorize the escort- ed — by a staff member or other person authorized by the institutional head — tempo- rary absence of an inmate, other than an inmate convicted of first or second degree murder, if, in the opinion of the institutional head,
(a) the inmate will not, by reoffending, present an undue risk to society during an absence authorized under this section;
(b) an escorted temporary absence from the penitentiary is desirable for the inmate for medical, administrative, community service, family contact, personal development for rehabilitative purposes, or compassionate reasons, including parental responsibilities;
(c) the inmate’s behaviour while under sentence does not preclude authorizing the absence; and
(d) a structured plan for the absence has been prepared.
National Parole Board
(1.1) The Parole Board of Canada may, subject to section 746.1 of the Criminal Code, subsection 140.3(2) of the National Defence Act and subsection 15(2) of the Crimes Against Humanity and War Crimes Act, authorize the escorted temporary absence of an inmate convicted of first or second degree murder if, in the opinion of the Board, the criteria set out in paragraphs (1)(a) to (d) are met.
Medical emergency
(1.2) Despite subsection (1.1), in the case of a medical emergency, the institutional head may authorize the escorted temporary absence of an inmate convicted of first or second degree murder.
Medical reasons
(1.3) An escorted temporary absence for medical reasons may be authorized for an unlimited period.
Absence for other reasons — institutional head
(1.4) The institutional head may not authorize an escorted temporary absence for reasons other than medical of more than five days or, with the Commissioner’s approval, of more than fifteen days.
Absence for other reasons — National Parole Board
(1.5) The Parole Board of Canada may not authorize an escorted temporary absence for reasons other than medical of more than fifteen days.
Conditions
(2) The institutional head or the Parole Board of Canada, as the case may be, may impose, in relation to a temporary absence, any conditions that they consider reasonable and necessary in order to protect society.
Cancellation
(3) The institutional head or the Parole Board of Canada, as the case may be, may cancel a temporary absence either before or after its commencement.
Reasons to be given
(4) The institutional head or the Parole Board of Canada, as the case may be, shall give the inmate written reasons for the authorizing, refusal or cancellation of a temporary absence.
(2) Subsection 17(5) of the French version of the Act is replaced by the following:
Temps nécessaire aux déplacements
(5) La durée de validité de la permission ne comprend pas le temps que peuvent accorder le directeur ou la Commission, selon le cas, pour les déplacements entre le lieu de détention et la destination du détenu.
(3) Subsection 17(6) of the Act is replaced by the following:
Delegation to provincial hospital
(6) If, pursuant to an agreement under paragraph 16(1)(a), an inmate has been admitted to a hospital operated by a provincial government in which the liberty of patients is normally subject to restrictions, the institutional head or the Parole Board of Canada, as the case may be, may confer on the person in charge of the hospital, for such period and subject to such conditions as they specify, any of the institutional head's or the Parole Board of Canada's powers under this section in relation to that inmate.
2. Paragraph 96(z.8) of the French version of the Act is replaced by the following:
z.8) concernant les permissions de sortir avec escorte et les placements à l’extérieur — notamment les circonstances dans lesquelles le directeur ou la Commission, selon le cas, peuvent accorder une permission de sortir au titre de l’article 17;
Published under authority of the Speaker of the House of Commons