Acts and Regulations

2010-72 - Corrections Act

Table of contents
Full text
NEW BRUNSWICK
REGULATION 2010-72
under the
Corrections Act
(O.C. 2010-255)
Filed May 17, 2010
1Section 2 of New Brunswick Regulation 84-257 under the Corrections Act is amended
(a) by repealing the definition “designated authority”;
(b) in the English version in the definition “officer” by striking out the period at the end of the definition and substituting a semicolon;
(c) by adding the following definition in alphabetical order:
“serious offence” means a serious offence as defined in subsection 467.1(1) of the Criminal Code (Canada).
2Section 25 of the Regulation is amended
(a) in subsection (2) by striking out “An inmate” and substituting “Subject to subsection (4), an inmate”;
(b) in subsection (3) by striking out “An inmate” and substituting “Subject to subsection (4), an inmate”;
(c) by adding after subsection (3) the following:
25(4)An inmate is eligible for a temporary absence under subsection (1) before serving the portion of his or her sentence referred to in subsection (2) or (3) if
(a) the superintendent
(i) declares an emergency under section 3,
(ii) determines that granting a temporary absence is necessary to ensure the safety and security of the correctional institution and the employees and inmates of the correctional institution, and
(iii) is satisfied that the inmate will not present an undue risk to society during the temporary absence, and
(b) the inmate is not serving a sentence for a serious offence.
3Section 26 of the Regulation is amended
(a) by repealing subsection (1) and substituting the following:
26(1)The superintendent of a correctional institution is designated as the person who may grant, refuse to grant or otherwise deal with temporary absences for inmates at that correctional institution.
(b) in subsection (2)
(i) by striking out the portion preceding paragraph (a) and substituting the following:
26(2)A superintendent may
(ii) by repealing paragraph b) of the French version and substituting the following:
(b)
(b)
assortir une absence temporaire de conditions ou les modifier ou les supprimer.
(c) in subsection (3)
(i) by striking out the portion preceding paragraph (a) and substituting the following:
26(3)A superintendent
(ii) in paragraph a) of the French version by striking out “n’est pas tenue” and substituting “n’est pas tenu”;
(iii) in paragraph b) of the French version by striking out “n’est pas tenue” and substituting “n’est pas tenu”.
4Section 28 of the Regulation is amended by striking out the portion preceding paragraph (a) and substituting the following:
28If, on reasonable grounds, a superintendent is of the opinion that an inmate is not complying with the conditions of a temporary absence, the superintendent may
5Section 30 of the Regulation is amended by striking out “designated authority” and substituting “superintendent”.
6Form 1 of the Regulation is amended
(a) by striking out “Designated Authority” and substituting “Superintendent”;
(b) by striking out “designated authority” wherever it appears and substituting “superintendent”.
7Form 2 of the Regulation is amended
(a) in the French version by striking out “DESIGNATED AUTHORITY”;
(b) by striking out “designated Authority” and substituting “superintendent”;
(c) by striking out “DESIGNATED AUTHORITY” and substituting “SUPERINTENDENT”.