Acts and Regulations

92-71 - General

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NEW BRUNSWICK
REGULATION 92-71
under the
Custody and Detention of Young Persons Act
(O.C. 92-399)
Filed May 20, 1992
Under section 15 of the Custody and Detention of Young Persons Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the General Regulation - Custody and Detention of Young Persons Act.
2In this Regulation
“contraband” means anything that a young person is not permitted to have possession of;
“employee” means an employee of the Community and Correctional Services Division of the Department of Public Safety;
“health care professional” means a medical practitioner or registered nurse licensed in the Province;
“officer” means an employee who is directly involved in the care, supervision, health, discipline, education, safety or custody of a young person;
“supervisor” means the person in charge of a youth custodial facility and includes a superintendent, the director of a group home and a foster home parent.
2000, c.26, s.90
ADMISSIONS
3The Minister of Public Safety and the Minister of Social Development may make agreements respecting admissions of young persons to places of open custody that are administered by the Minister of Social Development and section 4 does not apply to such places.
2000, c.26, s.90; 2008, c.6, s.10
4When a young person is being admitted to a youth custodial facility, the supervisor shall
(a) assign the young person to a living area,
(b) explain to the young person the regulations, rules and procedures respecting the operation of the youth custodial facility, the programs available and the duties, rights and privileges of the young person while detained in custody,
(c) arrange for the young person to undergo such medical, psychiatric, psychological and dental examinations and treatment as appear necessary,
(d) explain to the young person the rules and procedures respecting contact with parents and other persons and the particulars of visiting hours, mail delivery and other available services respecting communication with the young person,
(e) ensure that the young person is searched and showered,
(f) direct that the young person’s clothing be catalogued, cleaned where necessary and stored, and
(g) issue appropriate institutional clothing and toiletries to the young person.
5Information referred to in section 4 shall be communicated to the young person
(a) in English or French, as requested by the young person, or
(b) where the young person does not understand English and French, in a language understood by the young person.
SEGREGATION IN PLACES OF SECURE CUSTODY
6A superintendent may place in segregation a young person detained in custody in a place of secure custody if
(a) in the opinion of the superintendent, the young person is in need of protection,
(b) in the opinion of the superintendent, the young person must be segregated to protect the security of a place of secure custody or the safety of other young persons detained in custody in a place of secure custody,
(c) the young person is alleged to have committed a breach of a provision of this Regulation governing the conduct of young persons,
(d) the young person is undergoing a penalty of segregation, or
(e) the young person asks to be placed in segregation.
7A superintendent shall review the circumstances of a young person who is placed in segregation under section 6 at least once in every twenty-four hour period to determine whether segregation of the young person should be continued.
YOUNG PERSON DISCIPLINE IN PLACES OF OPEN CUSTODY AND PLACES OF TEMPORARY DETENTION
8(1)The Minister of Public Safety and the Minister of Social Development may make agreements respecting the discipline of young persons in places of open custody that are administered by the Minister of Social Development and this section does not apply to such places.
8(2)Supervisors of places of open custody and places of temporary detention may establish rules of conduct and disciplinary action respecting young persons detained in the facilities supervised by them.
8(3)The supervisor of a place of open custody or a place of temporary detention may take disciplinary action against a young person detained in custody in the facility for a violation of or failure to comply with the rules of conduct and disciplinary action.
8(4)A young person shall, upon being admitted to a place of open custody or a place of temporary detention, be informed of
(a) the applicable provisions of this Regulation,
(b) the rules of conduct established by the supervisor of the facility,
(c) the disciplinary action that may be taken against the young person for a violation of or a failure to comply with the rules of conduct, and
(d) the applicable procedure for appealing disciplinary action.
2000, c.26, s.90; 2008, c.6, s.10
YOUNG PERSON DISCIPLINE IN PLACES OF SECURE CUSTODY
9(1)A young person shall, upon being admitted to a place of secure custody, be informed of the provisions of this Regulation and of the disciplinary action that may be taken for violation of or failure to comply with a provision of this Regulation governing the conduct of young persons detained in custody in a place of secure custody.
9(2)The superintendent of a place of secure custody may impose disciplinary action on a young person detained in custody in the place of secure custody for any violation of or failure to comply with a provision of this Regulation governing the conduct of the young person.
Infractions
10(1)A young person detained in custody in a place of secure custody shall
(a) maintain living and work areas in a clean and tidy condition as required by an officer;
(b) be prompt and conscientious in the performance of regular duties of work that may be assigned;
(c) comply with all reasonable instructions made by an officer;
(d) maintain a high level of personal cleanliness;
(e) respect the rights and dignity of other young persons; and
(f) make reasonable efforts to avoid behaviour that interferes with or is disturbing to any other person.
10(2)A young person detained in custody in a place of secure custody who violates or fails to comply with subsection (1) commits an infraction.
11A superintendent who, after considering the circumstances, determines that a young person detained in custody in a place of secure custody has committed an infraction shall impose one or more of the following penalties:
(a) verbal warning;
(b) reduction or suspension of privileges for a definite period of time;
(c) performance of additional work; or
(d) confinement for a definite period of time to an area assigned by the superintendent.
Misconducts
12(1)No young person detained in custody in a place of secure custody shall
(a) assault or threaten to assault another person;
(b) damage private or public property;
(c) have possession of contraband or deal in contraband with any other person;
(d) bring contraband into or take contraband out of a place of secure custody or a section of a place of secure custody;
(e) escape or be unlawfully at large from a place of secure custody;
(f) give or offer a bribe or reward to any other person or receive a bribe or reward from any other person;
(g) disobey or fail to obey a reasonable order of an employee;
(h) refuse or fail to do assigned work;
(i) waste food or damage equipment or material;
(j) commit an indecent act by gesture, actions or in writing toward another person;
(k) gamble for exchange of anything of value;
(l) create or incite a disturbance likely to endanger the security of a place of secure custody including using loud, indecent, abusive, profane or insulting language;
(m) fail or refuse to observe fire safety rules and regulations or alter, damage or interfere with any fire procedure, fire exit or equipment;
(n) interfere with the work performance of another young person detained in custody in a place of secure custody;
(o) take, or convert for personal use or for the use of another person, any property without the consent of the rightful owner of the property;
(p) leave an assigned area without proper authority;
(q) obstruct an investigation conducted or authorized by an authority;
(r) fail to abide by any term or condition of a reintegration leave;
(s) do any act that is likely to prejudice the good order or discipline of a place of secure custody;
(t) fail to participate actively in a compulsory program;
(u) violate or fail to comply with any statute or regulation governing the conduct of young persons detained in custody in a place of secure custody;
(v) counsel, aid or abet another person to commit an act that constitutes a violation of or a failure to comply with any statute or regulation; or
(w) attempt to do anything referred to in paragraphs (a) to (v).
12(2)A young person detained in custody in a place of secure custody who violates or fails to comply with subsection (1) commits a misconduct.
2004-97
13(1)An employee may charge a young person with a misconduct by delivering to the superintendent a written incident report on a form provided by the Minister, alleging that the young person has committed a misconduct.
13(2)When a young person is charged with a misconduct, the superintendent shall
(a) advise the young person of the nature of the charge,
(b) conduct a hearing, and
(c) determine whether the young person has committed a misconduct.
14(1)A superintendent who determines that a young person has committed a misconduct shall impose one or more of the following penalties:
(a) verbal warning;
(b) reduction or suspension of privileges for a definite period of time;
(c) payment of part or all of the cost of repairing the damage done by the young person;
(d) performance of additional work; or
(e) confinement for a definite period of time to an area assigned by the superintendent.
14(2)Notwithstanding subsection (1), a superintendent may recommend to a crown prosecutor that a court proceeding be instituted against a young person detained in custody in a place of secure custody.
15A superintendent who has taken disciplinary action against a young person detained in custody in a place of secure custody shall advise the young person of the appeal procedure.
APPEAL AND GRIEVANCE PROCEDURES IN YOUTH CUSTODIAL FACILITIES
16In sections 17 to 21
“day” means any day other than Saturday, Boxing Day or a holiday;
“Director of Community and Young Offender Services” means the Director of Community and Young Offender Services appointed by the Executive Director of Corrections;
“Executive Director of Corrections” means the Director of Correctional Services appointed under section 3 of the Corrections Act.
Appeals
17The Minister of Public Safety and the Minister of Social Development may make agreements respecting appeals of disciplinary action imposed by supervisors of places of open custody that are administered by the Minister of Social Development and respecting grievances of young persons in such facilities and sections 18 to 21 do not apply to young persons in such facilities.
2000, c.26, s.90; 2008, c.6, s.10
18(1)A young person detained in custody in a youth custodial facility who is not satisfied with a penalty imposed under section 11 or subsection 14(1) or with any other disciplinary action imposed by the supervisor of the facility may, within ten days after being informed of the imposition of the disciplinary action, appeal the matter to the Executive Director of Corrections by completing an appeal of disciplinary action in Form 1 and delivering it to the supervisor.
18(2)The supervisor shall forthwith forward the appeal of disciplinary action under subsection (1) to the Executive Director of Corrections and shall notify the young person of the date on which it was received by the Director.
18(3)The supervisor may stay the carrying out of disciplinary action referred to in subsection (1) until such time as the written decision of the Executive Director of Corrections has been delivered to the young person.
18(4)Within twenty days after receipt of an appeal of disciplinary action, the Executive Director of Corrections shall
(a) notify the young person in writing that the appeal of disciplinary action has been received,
(b) investigate the circumstances that gave rise to the imposition of the disciplinary action,
(c) make a decision with respect to the appeal,
(d) deliver to the young person in writing the decision, including reasons, and
(e) forward a copy of the decision and reasons to the superintendent.
18(5)The Executive Director of Corrections, when considering an appeal of disciplinary action, may
(a) hear or obtain information from any person and make inquiries, and
(b) hold hearings regarding the circumstances surrounding the incident that gave rise to the imposition of the penalty.
18(6)Notwithstanding subsections (4) and (5), no person is entitled as of right to be heard by the Executive Director of Corrections.
18(7)The Executive Director of Corrections, when deciding upon an appeal of disciplinary action, may affirm, vary or set aside the disciplinary action, but may not vary it so that it is more severe than it originally was.
Grievances
19(1)A young person detained in custody in a youth custodial facility who believes that an employee or other person employed in the facility has treated the young person in an unreasonable, unjust, oppressive, improperly discriminatory, arbitrary, unfair, unduly harsh or inappropriate manner may file a young person grievance.
19(2)Where the supervisor was not involved in the incident that gave rise to the grievance, a young person shall file a young person grievance by completing a young person grievance in Form 2 and delivering it to the supervisor within ten days after the occurrence of the incident that gave rise to the grievance.
19(3)Within five days after receiving a young person grievance referred to in subsection (2), the supervisor shall
(a) hold a meeting with the young person at which the young person is given an opportunity to explain the circumstances and the grounds of the grievance,
(b) make a decision with respect to the young person grievance, and
(c) deliver to the young person in writing the original and a copy of the decision, including reasons.
19(4)A young person who is not satisfied with the supervisor’s decision may appeal the matter to the Director of Community and Young Offender Services by completing an appeal of young person grievance in Form 3 and delivering it to the supervisor.
19(5)The supervisor shall forthwith forward an appeal of young person grievance under subsection (4) to the Director of Community and Young Offender Services for consideration and decision.
20(1)Where the supervisor was involved in the incident that gave rise to a young person grievance, a young person shall file a young person grievance by completing a young person grievance in Form 4 and delivering it to the supervisor within ten days after the occurrence of the incident that gave rise to the grievance.
20(2)The supervisor shall forthwith forward a young person grievance referred to in subsection (1) to the Director of Community and Young Offender Services for consideration and decision.
20(3)Within fifteen days after receiving a young person grievance under subsection (2), the Director of Community and Young Offender Services shall
(a) make a decision with respect to the young person grievance, and
(b) deliver to the young person in writing the original and a copy of the decision, including reasons.
21(1)A young person who is not satisfied with the decision of the Director of Community and Young Offender Services with respect to a young person grievance filed under subsection 20(1) may appeal to the Executive Director of Corrections by completing an appeal of young person grievance in Form 5 and delivering it to the supervisor.
21(2)The supervisor shall forthwith forward an appeal of young person grievance under subsection (1) to the Executive Director of Corrections for consideration and decision.
21(3)Within twenty days after receiving a young person grievance under subsection (2), the Executive Director of Corrections shall
(a) make a decision with respect to the young person grievance, and
(b) deliver to the young person in writing the original and a copy of the decision, including reasons.
PROGRAMS IN YOUTH CUSTODIAL FACILITIES
2004-97
22A supervisor may establish and provide for the operation of the following programs:
(a) compulsory or voluntary educational programs that are appropriate for the needs of each young person, including instruction, supervision, assessment, promotion, career guidance, work placement and the provision of suitable sites, facilities and teaching aids including texts, reference material, electronic devices and other supplies;
(b) voluntary recreational programs that are appropriate for young persons, including instruction, coaching, refereeing, supervision and the provision of uniforms and suitable and safe sites, facilities, equipment, material and transportation;
(c) voluntary social and entertainment programs including supervision and the provision of suitable sites, facilities, equipment and transportation;
(d) voluntary religious services including supervision and the provision of suitable sites, facilities, material and transportation;
(e) counselling programs including medical, psychiatric and psychological assessment and treatment, individual, group and peer counselling, therapeutic intervention treatment and the provision of suitable sites, facilities, equipment and transportation;
(f) medical and dental treatment programs, including supervision, medical examination and assessment by nurses, physicians and dentists, reference to specialists, testing, the provision of drugs, therapy or surgery if advisable or necessary and the provision of suitable sites, facilities, equipment, transportation and required hearing aids, eyeglasses, prostheses and other required devices or aids;
(g) visiting programs, including supervision, establishment of schedules and locations of visits, arrangement for off-site visits and the provision of suitable sites, facilities and transportation;
(h) compulsory or voluntary work programs including supervision, arrangement of the frequency, method and amount of payment and the provision of necessary equipment and transportation; and
(i) such other programs that the supervisor considers desirable, advisable or necessary and that are consistent with section 2 of the Act.
REINTEGRATION LEAVE FROM A PLACE OF SECURE CUSTODY
2004-97
23(1)A young person detained in custody in a place of secure custody may apply to the superintendent on a form provided by the superintendent for authorization of reintegration leave.
23(2)A superintendent may consider the following factors when deciding whether or not to authorize a reintegration leave:
(a) the conduct of the young person while in custody;
(b) the availability of supervision and support for the young person during the period of reintegration leave;
(c) the likelihood that the young person will fail to abide by any of the terms and conditions of a reintegration leave;
(d) the benefit of the reintegration leave to the young person, to the young person’s family or to other persons;
(e) the risk to the public posed by the reintegration leave of the young person;
(f) the necessity or desirability 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; and
(g) such other factors as the superintendent considers relevant.
23(3)A superintendent may impose such terms and conditions as the superintendent considers appropriate when authorizing a reintegration leave.
23(4)Within fourteen days after receipt of an application by a young person for authorization of reintegration leave, the superintendent shall
(a) advise the young person whether or not the reintegration leave is authorized,
(b) indicate any terms and conditions, if the reintegration leave is authorized, and
(c) give reasons if the reintegration leave is not authorized.
23(5)A superintendent may disburse funds to transport a young person to and from the young person’s destination during reintegration leave.
23(6)A superintendent may revoke an authorization of reintegration leave where the superintendent is satisfied, on reasonable grounds, that
(a) the young person is failing to abide by or is about to fail to abide by any of the terms and conditions of the reintegration leave,
(b) the young person has committed an offence while on reintegration leave, or
(c) the revocation is necessary in order to protect the best interests of the young person or the public.
23(7)The provisions of the Youth Criminal Justice Act (Canada) apply with the necessary modifications to the reintegration leave of a young person detained in custody in a place of secure custody.
2004-97
DISCHARGE FROM A PLACE OF SECURE CUSTODY
24(1)When a young person is discharged from a place of secure custody, the superintendent
(a) may deliver to the young person the remaining quantities of any medication currently being taken by the young person, and
(b) shall deliver to the young person any sums of money belonging to the young person that are under the superintendent’s control.
24(2)Sums of money referred to in paragraph (1)(b) may be delivered to the young person in the form of a cheque made jointly payable to the young person and to an appropriate co-payee chosen by the superintendent.
24(3)A superintendent may issue clothing suitable for existing climatic conditions to a young person who is being discharged and who does not have suitable clothing.
24(4)A superintendent may reimburse a young person upon discharge in an amount that the superintendent considers fair and reasonable for any property of the young person that has been lost or damaged by the place of secure custody.
24(5)Where reasonably possible, upon a young person’s discharge the superintendent shall deliver to the young person or to a member of the young person’s immediate family all of the young person’s property that is located in the place of secure custody at the time of discharge.
24(6)A young person or a member of the young person’s immediate family, as the case may be, shall upon request give to the superintendent a receipt for all medication, sums of money, clothing or other property received under this section.
24(7)A superintendent may disburse funds in order to transport a young person to the young person’s destination upon discharge.
ADMINISTRATION IN PLACES OF SECURE CUSTODY
25The superintendent of a place of secure custody shall be the chief administrator and shall be responsible for the operation, maintenance, management and inspection of the place of secure custody.
DUTIES AND POWERS OF STAFF AND VOLUNTEERS
26(1)This section applies only to youth custodial facilities operated by the Minister of Public Safety.
26(2)Every staff member of a youth custodial facility who is an employee has the powers of a peace officer in the performance of the employee’s duties required under the Act and this Regulation.
26(3)Persons may work as unpaid volunteers by assisting the staff of a youth custodial facility in the performance of their duties and, while so doing,
(a) shall perform designated tasks under the supervision of a staff member,
(b) shall report incidents of which they are aware in which a young person has violated or failed to comply with a provision of this Regulation governing the conduct of the young person,
(c) shall provide the staff with any information requested concerning the incident, and
(d) shall at all times act in accordance with the policies and procedures of the youth custodial facility.
26(4)Every staff member of a youth custodial facility, regardless of classification, shall supervise, exercise custody over and act as a lawful guardian of young persons detained in the youth custodial facility.
26(5)Section 33 applies with the necessary modifications to the use of force by staff of a youth custodial facility.
2000, c.26, s.90; 2004-97
SEARCHES
27The Minister of Public Safety and the Minister of Social Development may make agreements respecting searches of young persons in places of open custody that are administered by the Minister of Social Development and sections 28 to 31 do not apply to such places.
2000, c.26, s.90; 2008, c.6, s.10
28An officer may conduct a search of a young person detained in custody in a youth custodial facility when
(a) the young person is being transferred from one part of a youth custodial facility to another part, or
(b) the young person is entering or departing from a youth custodial facility.
29(1)Where an officer believes, on reasonable and probable grounds, that a young person has possession of or access to contraband, the officer may conduct a search at any time of
(a) all or any part of a youth custodial facility,
(b) a young person detained in custody in a youth custodial facility, or
(c) the property of a young person detained in custody in a youth custodial facility.
29(2)Where a supervisor believes, on reasonable and probable grounds, that an employee of or a visitor to a youth custodial facility has possession of contraband or stolen property or is bringing or attempting to bring contraband or stolen property into or is taking or attempting to take contraband or stolen property out of the youth custodial facility, the supervisor may authorize a search of the employee or visitor or property of the employee or visitor, including a vehicle in the care and control of the employee or visitor, that is located on the premises of the youth custodial facility.
30(1)No young person detained in custody in a youth custodial facility shall be searched by a person of the opposite sex unless
(a) the person is a health care professional, or
(b) subject to subsection (2), the person is an officer who believes, on reasonable and probable grounds, that an immediate search is necessary because the young person is concealing contraband that is dangerous or harmful.
30(2)Paragraph (1)(b) applies only in circumstances where it would be impracticable to arrange for the young person to be searched by a person of the same sex.
31A young person detained in custody in a youth custodial facility who refuses to be searched or resists a search may be placed in segregation until the young person submits to the search or until there is no longer a need for the search.
USE OF FORCE
32The Minister of Public Safety and the Minister of Social Development may make agreements respecting the use of force in places of open custody that are administered by the Minister of Social Development and section 33 does not apply to such facilities.
2000, c.26, s.90; 2008, c.6, s.10
33(1)Subject to subsection (2), employees shall maintain control by means of reasoning, delaying tactics and other methods that do not involve force against a young person detained in custody in a youth custodial facility.
33(2)An employee shall use force against a young person detained in custody in a youth custodial facility only when force is required to
(a) enforce discipline and maintain order within a youth custodial facility,
(b) protect the young person or another person,
(c) prevent the young person from damaging property,
(d) control a rebellious or disturbed young person detained in custody in a youth custodial facility, or
(e) conduct a search,
and where force is used against a young person detained in custody in a youth custodial facility, the amount of force shall be reasonable and not excessive having regard to the nature of the threat posed by the young person and all other circumstances of the case.
33(3)Where reasonably possible, an employee shall arrange to have another employee present when using force against a young person under subsection (2).
33(4)Where an employee uses force against a young person detained in custody in a youth custodial facility, the employee shall file a written report with the supervisor of the youth custodial facility indicating the nature of the threat posed by the young person and all other circumstances of the case.
EMERGENCIES IN PLACES OF SECURE CUSTODY
34Where an emergency situation is declared by the superintendent of a place of secure custody, the superintendent may
(a) call off-duty staff in to work,
(b) require on-duty staff to remain on-duty,
(c) give orders respecting the security and control of the place of secure custody to all persons who are on the premises during an emergency situation and may enforce such orders,
(d) confine young persons to their rooms or to such other places as the superintendent considers appropriate and necessary, and
(e) take such other steps and make such other orders as the superintendent considers appropriate and necessary in order to ensure that the place of secure custody remains secure and that the emergency is safely and satisfactorily dealt with.
MAINTENANCE OF RECORDS
35(1)The provisions of the Youth Criminal Justice Act (Canada) apply with the necessary modifications to the maintenance and use of records pertaining to young persons detained in custody in a youth custodial facility.
35(2)The supervisor of a youth custodial facility
(a) shall keep in a secure place all records pertaining to young persons who are or have been detained in custody in the youth custodial facility, and
(b) may make such rules and implement such procedures for the maintenance of the records as are not in conflict with subsection (1).
2004-97
REPEAL
36New Brunswick Regulations 64-13 and 83-192 under the Training School Act are repealed.
COMMENCEMENT
37This Regulation comes into force on June 1, 1992.
N.B. This Regulation is consolidated to April 30, 2008.