Interpretation

1  In these regulations:

"Act" means the Correction Act;

"branch" means Corrections Branch;

"chaplain" means a chaplain employed or working under contract in a correctional centre;

"contraband" means a drug or weapon or any other object that may threaten the management, operation, discipline or security of a correctional centre;

"director" means the person in charge of a corrections centre and includes an officer authorized by the director to act in place of the director;

"Director of Inspection and Standards" means the Director of the Inspection and Standards Division established under the Act;

"district director" means the director of all correctional services within a district of the Province;

"disturbance" means an incident that interferes with the management, operation, discipline or security of a correction centre;

"drug" means a narcotic under the Narcotic Control Act (Canada) or a controlled drug included in Schedule G or a restricted drug included in Schedule H of the Food and Drugs Act (Canada);

"medical officer" means a person who, being a medical practitioner, is employed or working under contract as a medical officer for a correctional centre;

"officer" means an employee in the branch or a person working for the branch under contract;

"Ombudsman" means the Ombudsman appointed under the Ombudsman Act and includes a person to whom the Ombudsman has delegated any of his powers or duties pursuant to section 30 of that Act;

"possession" means possession as defined by the Criminal Code (Canada);

"privilege" means an entitlement, advantage or immunity granted to an inmate by the director but does not include a right of an inmate under an enactment of the Province or of Canada;

"privileged correspondence" means correspondence between

(a) an inmate and a member of Parliament, a member of the Legislative Assembly, the Ombudsman, the commissioner, a regional director, a district director, the Director of Inspection and Standards, a chaplain or the inmate's barrister and solicitor, and

(b) where an inmate is detained pursuant to the Immigration Act (Canada), the inmate and an immigration officer as defined in that Act;

"regional director" means the director of all correctional services within a region of the Province;

"rule" means a rule made under section 3;

"segregation cell" means, at a correctional centre, a cell that is located and designed to isolate an inmate, while housed in it, from contact with other inmates;

"unit" means a section of a correctional centre.

[am. B.C. Reg. 393/85, s. 1.]

 Director's responsibilities

2  A director of a correctional centre is responsible, through the appropriate district director and regional director, to the commissioner for the management, operation, discipline, security and program of that correctional centre.

[am. B.C. Reg. 393/85, s. 2.]

 Maintenance

3  (1)  A director shall establish and maintain, in a form satisfactory to the commissioner,

(a) a chart illustrating the administrative structure,

(b) records concerning each inmate at his correctional centre, and

(c) rules for the orderly operation of the correctional centre pursuant to the responsibilities under section 2 of these regulations.

(2)  On request by the commissioner, a director shall prepare and forward to him a report on any matter concerning an inmate or the correctional centre.

 Admission to or release from a correctional centre

4  No officer shall admit a person to custody at the correctional centre or surrender the custody of an inmate at the correctional centre except in accordance with due process of law.

 Management of inmates who are not in custody as a result of a conviction for a criminal offence

5  An inmate awaiting trial or a person in custody as a result of civil proceedings shall,

(a) where appropriate facilities permit, be housed separately from inmates in custody as a result of a conviction for a criminal offence or a Provincial summary conviction offence,

(b) not be employed in the correctional centre except with his consent,

(c) be afforded so far as practicable such reasonable facilities, including the use of a telephone, to enable him to obtain legal advice or bail, conduct correspondence and prepare notes for his defence, and

(d) have a daily exercise period of at least one hour, in the out of doors where weather and security considerations permit.

 Parole Board

6  (1)  The Chairman, or a member or employee of the Board of Parole for the Province of British Columbia,

(a) may interview an inmate, and

(b) shall be given access to all records respecting an inmate,

whose release on parole they have jurisdiction to consider.

(2)  Notwithstanding subsection (1), medical records concerning an inmate shall only be made available where the senior medical officer gives his approval in writing.

[am. B.C. Reg. 393/85, s. 3.]

 Duties of an officer

7  (1)  An officer is responsible to the director for those aspects of the management, operation, discipline, security and program of the correctional centre that the director assigns to the officer.

(2)  Notwithstanding the duties and responsibilities assigned to an officer by the director, the director may, from time to time, assign an officer to such other duties and responsibilities as he deems necessary when in the opinion of the director circumstances exist which demand such action.

 Disclosure of information

8  A person who is or has been an officer shall not disclose information the person learns in the course of his employment at a correctional centre, except as required in the performance of his duties, as authorized by the director or as required by due process of law.

 Money transactions by officers

9  Except as allowed by provisions for the management of the correctional centre, no officer shall conduct a money or business transaction with, or on behalf of, an inmate.

 Uniforms of officers

10  An officer shall wear a uniform while on duty of such type and at such times as may be specified by the commissioner.

 Physical restraint

11  (1)  A reasonable degree and means of physical restraint may be used either within or without a cell by an officer

(a) to prevent an inmate from injuring himself or others,

(b) where transporting inmates, or

(c) to prevent an inmate from attempting to escape.

(2)  Where an officer uses a device, other than handcuffs or leg irons, to restrain an inmate, the director shall make a written report to

(a) the district director,

(b) the regional director, and

(c) the medical officer.

(3)  An inmate shall not be physically restrained by means of a device

(a) for a period longer than is necessary for the reasons specified in subsection (1), or

(b) for more than 24 hours or a longer period specified in writing, with reasons stated, by the regional director of corrections to the director.

[am. B.C. Reg. 393/85, s. 4.]

 Duty of an officer on illness, injury or death of inmate

12  Where an officer on duty in a unit

(a) suspects that an inmate in the unit has a serious physical or mental illness or an injury, or

(b) discovers that an inmate in the unit is dead, the officer shall advise the officer in charge of the unit and the medical officer as soon as reasonably possible.

 Religious services

13  (1)  The chaplain for a correctional centre shall develop and maintain a program of religious observance and counselling in order that inmates who wish to take part in religious services may do so.

(2)  No inmate shall be required to participate in a religious service against his will.

(3)  On request of an inmate the director may, in consultation with a chaplain, authorize a minister, priest, rabbi or similar religious representative to visit the inmate.

(4)  Requests by an inmate to see a chaplain shall be communicated to a chaplain as soon as practical and, on receipt of a request, a chaplain shall, as soon as practical, arrange for the inmate to be visited.

(5)  A chaplain shall have full access to any part of a correctional centre at any time in the performance of his duties.

 Officer charged with criminal offence

14  Where an officer is charged with a criminal offence, the officer shall forthwith advise the director of the charge and the location where the matter is scheduled to be heard.

 Compulsory retirement

15  (1)  Subject to subsections (2) and (3), the compulsory retirement age for a person holding appointment under the Act and employed in a correctional centre is 60 years.

(2)  Subject to subsection (3), where the minister on the recommendation of the commissioner specifies in writing on the grounds of public interest that the compulsory retirement age for a person holding appointment under the Act and employed in a correctional centre is specified age of 55 years or more, but less than 60 years, the compulsory retirement age for that person is as specified by the minister.

(3)  Where the minister on the recommendation of the commissioner specifies in writing on the grounds of public interest that a person should serve beyond his compulsory retirement age under this section, the person may be employed to age 65 or a lesser age as specified by the minister.

 Officers to know the rules and regulations

16  (1)  A director shall provide each officer under his direction with a copy of these regulations.

(2)  An officer shall make himself familiar with the rules and regulations.

(3)  An officer shall identify himself, using his identification card, upon the request of any person during the performance of his duties.

 Times of admission to a correctional centre

17  An inmate shall be admitted to a correctional centre between the hours of 0800 and 1600 Monday through Saturday, excepting holidays, and at such other times as authorized by the director.

 Contraband objects

18  (1)  No person shall bring into or take from or assist in bringing into or taking from a correctional centre any contraband.

(2)  A person who contravenes subsection (1) commits an offence and is liable to a fine of not more than $2 000 or to imprisonment for not more than 6 months, or to both.

(3)  Where an officer has reason to believe that a person has committed, may be about to commit or is committing an offence under subsection (1), an officer of the same gender as the person may search the person or possessions of the person.

[en. B.C. Reg. 393/85, s. 5.]

 Search of inmate

19  (1)  On admission of an inmate to a correctional centre the person of the inmate and his possessions shall be searched by an officer of the same gender as the inmate.

(2)  Once an inmate has been admitted to a correctional centre an officer shall only conduct such further searches where

(a) the director so authorizes, or

(b) an officer has reasonable and probable grounds to believe that the inmate is in possession of any contraband, in which case the officer shall search the inmate and provide a written report to the director within 12 hours.

[am. B.C. Reg. 393/85, s. 6.]

 Seizure of contraband

20  (1)  An officer who has reason to believe an object he finds

(a) in the possession of an inmate, or

(b) abandoned within the correctional centre

is contraband shall seize the object, record a description of it and the circumstances in which he seized it, and deposit it in a secure place within the correctional centre.

(2)  The director shall return to the inmate from whom the object was seized, or deposit with the inmate's property surrendered under section 26 and add it to the inventory, an object seized under subsection (1) (a) unless

(a) it is determined under section 32 that the inmate breached section 28 (5) by reason of his possession of the object, or

(b) the object is required as evidence of an offence against an Act or regulation of the Province or of Canada.

(3)  Where

(a) in the case of an object seized under subsection (1) (a), it is determined under section 32 that the inmate from whom the object was seized breached section 28 (5) by reason of his possession of the object, or

(b) in the case of an object seized under subsection (1) (b), the director of the correctional centre determines that the object is contraband,

the object is forfeited to the Crown in right of the Province.

(4)  A determination shall be made under subsection (3) (b) within 3 days after the day the object was seized.

[en. B.C. Reg. 393/85, s. 7.]

 Search for drugs

21  Where an officer has reasonable and probable grounds to believe that an inmate has a drug concealed in his body, the director may, in writing, order that the inmate be held in a segregation cell for a period not exceeding 10 days and given such treatment to expel or recover the drug as the medical officer considers necessary and reasonable.

 Searches to be conducted with a minimum of force

22  (1)  Only such reasonable and necessary force shall be used against a person being searched under section 18, 19, 20 or 21 or the occupants of a motor vehicle in the course of a search under section 23.

(2)  In so far as reasonably possible, a search under section 18, 19, 20 or 21, or of the occupants of a motor vehicle in the course of a search under section 23, shall be conducted in a manner respectful of the privacy and dignity of the person being searched.

 Search of motor vehicle

23  An officer may search a motor vehicle entering, leaving or within a correctional centre.

 Identifying information about inmates

24  (1)  On request by an officer an inmate shall provide information concerning his name, age, height, weight, distinguishing marks and other distinguishing particulars.

(2)  On admission to a correctional centre, a photograph of the inmate shall be taken, but no copy of this photograph shall be distributed outside the branch except as authorized in writing by the director.

(3)  Repealed. [B.C. Reg. 393/85, s. 8.]

[am. B.C. Reg. 393/85, s. 8.]

 Information inmates are entitled to

25  (1)  On admission to a correctional centre, an inmate shall receive from the director written information setting out

(a) the provisions of this regulation that relate to the treatment and conduct of inmates,

(b) the director's rules for the orderly operation of the correctional centre,

(c) the means whereby an inmate may seek information, make complaints or apply for temporary absence and parole, and

(d) other facts which may be reasonable and necessary to assist the inmate to understand his rights and obligations and the daily routine of the correctional centre.

(2)  Where the director ascertains that an inmate is unable to adequately understand the written information provided under subsection (1), the director shall ensure that the inmate receives oral or other assistance in order that he may understand.

[am. B.C. Reg. 393/85, s. 9.]

 Clothing of inmates

26  (1)  On admission to a correctional centre, an inmate shall surrender all property except that property that the director determines may be kept in the possession of the inmate, such property shall be inventoried and a copy of the inventory given to the inmate.

(2)  All property inventoried pursuant to subsection (1) shall be stored in a place of safe keeping until the lawful release of the inmate, at which time such property shall be returned to the inmate.

(3)  On admission to a correctional centre and subsequently as reasonably required, an inmate shall receive clean clothing in good condition suitable for the activities, including work, to which the inmate is assigned in the weather conditions that prevail locally.

(3.1)  Notwithstanding subsection (3), a director may make rules requiring inmates at specified times and under specified conditions to provide their own clothing.

(4)  Where an inmate is unable to provide himself at the time of his discharge from a correctional centre with clean clothing suitable for the weather conditions that prevail at the place of discharge, the director shall provide the inmate with suitable clean clothing.

(5)  Subject to the approval of the director, an inmate may wear clothing recommended by a medical officer or clothing other than clothing issued under subsection (3).

(6)  Any property abandoned by an inmate on his release, transfer or escape from the correctional centre and not claimed by the inmate within 6 months after the day of his release, transfer or escape is forfeited to the Crown in right of the Province.

[am. B.C. Reg. 393/85, s. 10.]

 Travel warrant on discharge

27  On discharge of an inmate, the director shall provide a travel warrant to enable the inmate to return to the place in the Province where the inmate was convicted or to such other place in the Province that the director may consider reasonable and necessary in the circumstances.

 Certain rules of inmate conduct

28  (1)  An inmate shall comply with a lawful order on direction of an officer.

(2)  Unless authorized by the director or an officer, no inmate shall leave his cell, place of work or other place to which he has been assigned.

(3)  No inmate shall wilfully disfigure, attempt to disfigure, damage or attempt to damage a part of a correctional centre or the property of another person.

(4)  Unless the owner of the property consents, no inmate shall take or convert property of another person to his own use or that of a third person.

(5)  No inmate shall have in his possession, attempt to obtain or give to any person any contraband.

(6)  An inmate shall keep his person, clothing and sleeping area clean and orderly.

(7)  No inmate shall assault or threaten or attempt to assault another person.

(8)  No inmate shall escape or attempt to escape lawful custody, or be unlawfully at large, or aid and abet anyone to escape lawful custody or to be unlawfully at large from a correctional centre.

(9)  Unless unreasonably provoked by that person, no inmate shall use abusive or insulting language or gesture to a person, and where an inmate alleges he was unreasonably provoked, the onus of proof lies with him.

(10)  No inmate shall use indecent language or gesture or participate in an indecent act.

(11)  No inmate shall conspire to create a disturbance, create a disturbance, attempt to create a disturbance or incite others to create a disturbance at a correctional centre.

(12)  No inmate shall, without lawful excuse, breach a rule or regulation that applies to a correctional centre.

[am. B.C. Reg. 393/85, s. 11.]

 Duty of officer to attempt to resolve breach by inmate of rules and regulations

29  Where an officer has reasonable and probable grounds to believe an inmate has committed or is committing a breach of the rules or regulations of the correctional centre, the officer shall,

(a) where circumstances allow, stop the breach and explain to the inmate the nature of the breach, and

(b) where the person aggrieved by the alleged breach consents, allow the inmate to correct the breach, where possible, and make amends to the person aggrieved.

 Filing of allegation in writing

30  Where, in the opinion of an officer acting under section 29, the alleged breach has not been satisfactorily resolved by actions described by that section, the officer shall forthwith

(a) file with the director an allegation in writing outlining the facts of the alleged breach and citing the specific rule or regulation allegedly breached, and

(b) give the inmate a copy of the allegation in writing.

 Formation of a disciplinary panel

31  (1)  On receipt of an allegation in writing under section 30, the director shall determine whether the allegation shall be heard by

(a) where inmates are confined in units, the officer in charge of the unit where the breach is alleged to have taken place,

(b) a person, other than an officer, appointed by the commissioner, or

(c) a disciplinary panel.

(2)  An officer who filed the allegation in writing, witnessed the alleged breach or investigated the allegation shall not be the officer or a member of the disciplinary panel hearing the allegation.

(3)  A disciplinary panel shall be composed in one of the following ways:

(a) the director as chairman and 2 other members, one of whom is an officer appointed by the director, and the other a person, other than an officer, appointed by the commissioner;

(b) a person, other than an officer, appointed by the commissioner as chairman, and 2 other members, one of whom is the director and the other an officer appointed by the director;

(c) the director as chairman and 2 other members who are officers appointed by the director.

(4)  In a correctional centre or unit other than one described by subsection (3), the disciplinary panel has the following membership:

(a) the director, who is chairman;

(b) two officers selected from time to time by the director.

(5)  Repealed. [B.C. Reg. 393/85, s. 15.]

[am. B.C. Reg. 393/85, ss. 12-15.]

 Rules to apply at hearing

32  (1)  The hearing of an allegation filed under section 30 (a) shall, subject to subsection (2), be held within 24 hours, excluding a Saturday, Sunday or holiday.

(2)  Where an extension of time is required, the director may postpone the hearing for a period not exceeding 72 hours.

(3)  The inmate must

(a) be advised of the nature of the allegation, and

(b) be present at the hearing, unless

(i)  the inmate chooses not to attend the hearing, or

(ii)  if, in the opinion of the chair of the disciplinary panel or the officer or other person hearing the allegation, acting reasonably,

(A)  the presence of the inmate at the hearing would jeopardize the safety of a person at the hearing, or

(B)  the inmate is causing serious disruption to the hearing.

(4)  When an inmate denies the allegation, the hearing shall consider the report of the officer who made the allegation and shall hear oral evidence of the officer who investigated the allegation.

(5)  The chairman of the disciplinary panel or the officer or other person hearing the allegation may call such further witnesses as he deems necessary, including witnesses requested by the inmate.

(6)  An inmate may give oral evidence and question witnesses.

(7)  The chairman of the disciplinary panel, or the officer or other person hearing the allegation, shall ensure that a transcript or tape recording of the hearing is made and that it includes the contents of the written allegation, any evidence given at the hearing, the determination made and any disposition imposed.

(8)  Where the hearing is before a disciplinary panel and its members are not unanimous in their decision on the determination, disposition or any other matter in the proceeding, the decision of the majority of members shall be the decision of the disciplinary panel.

(9)  After considering the evidence presented, the disciplinary panel, officer or other person, as the case may be, shall determine whether or not the inmate committed the alleged breach.

[am. B.C. Regs. 393/85, ss. 16-18; 255/2004.]

 Disposition

33  (1)  Where it is determined under section 32 that the inmate committed the alleged breach, the disciplinary panel, officer or other person conducting the hearing may impose one or more of the following dispositions:

(a) a reprimand;

(b) a temporary or permanent loss of one or more privileges enjoyed by the inmate within the correctional centre;

(c) that the inmate be confined in a cell other than a segregation cell at the correctional centre for a period not exceeding 192 hours to be served on weekends, holidays or evenings during the term of the inmate's confinement at the correctional centre;

(d) that the inmate's earned remission that stands to his credit and that accrued to him to the time of the breach be forfeited in the amount

(i)  up to 30 days, or

(ii)  up to 60 days with the consent in writing of the regional director of corrections;

(e) Repealed. [B.C. Reg. 393/85, s. 19.]

(f) that the inmate be confined in a segregation cell for a period not exceeding 15 days;

(g) assignment to employment, work service or training for a period up to four evenings, weekends or holidays in addition to matter referred to in sections 45 and 46;

(h) that any pay which has accrued to the inmate for a period up to 30 days be withheld.

(2)  Notwithstanding subsection (1) (b), the visiting privileges of an inmate shall not be restricted or revoked under this section except where it is found that the inmate committed a breach as a direct result of a visit.

(3)  Repealed. [B.C. Reg. 393/85, s. 20.]

(4)  Where an inmate is confined in a segregation cell under subsection (1) (f) for more than 3 days, the director shall review the circumstances of the inmate immediately on the completion of 3 days of the confinement and determine whether these circumstances warrant release from segregation.

(5)  Where the director determines under subsection (4) to allow continued confinement of the inmate in a segregation cell beyond 3 days, the director shall review the case each day the confinement continues thereafter and determine whether the inmate's health warrants release from segregation.

(6)  Where a disposition under subsection (1) has been made against an inmate and the inmate applies to the disciplinary panel, officer or other person that made the disposition, the disciplinary panel, officer or other person may, on the undertaking of the inmate to comply with all rules and regulations of the correctional centre in future, reduce or suspend the disposition and, where they consider it appropriate, direct that, as a condition of the reduction or suspension, the inmate report to and be under the supervision of a specified officer for a period of not more than 3 months during the term of confinement at the correctional centre.

(7)  Where an inmate breaks an undertaking given, or fails to comply with a condition imposed under subsection (6), the disciplinary panel, officer or other person who reduced or suspended the disposition may

(a) require the inmate to appear before the disciplinary panel, officer or other person, and

(b) impose on the inmate another disposition under subsection (1) in place of the disposition that was reduced or suspended.

[am. B.C. Reg. 393/85, ss. 19-22.]

 Review

34  (1)  Where a determination is made under section 32 or a disposition is made under section 33, the officer who filed under section 30 or the inmate may, within 7 days of the determination or disposition in question, appeal to the Director of Inspection and Standards by mailing a written request for review addressed to that director.

(2)  On receipt of a request for review as provided under subsection (1), the Director of Inspection and Standards shall forthwith obtain a transcript or tape recording of the hearing under review and may require the chairman of the disciplinary panel or the officer or other person who conducted the hearing, as the case may be, to submit to him within 7 days written reasons in support of the determination or disposition under review.

(3)  The Director of Inspection and Standards may stay any disposition made under section 33 pending a review under this section.

(4)  On consideration of the material obtained under subsection (2) for the review, the Director of Inspection and Standards may

(a) where he is of the opinion that the determination or disposition is unreasonable, set it aside and substitute an alternative from section 32 or 33, as the case may be,

(b) where he is of the opinion that no substantial wrong or miscarriage of justice has occurred, dismiss the appeal, or

(c) where he is of the opinion that there has been a substantial wrong or miscarriage of justice allow the appeal or order that a new hearing be held before a disciplinary panel composed of persons selected by the commissioner.

(5)  Where a new hearing is directed under subsection (4) (c),

(a) the commissioner shall forthwith appoint 3 persons, who have had no previous involvement with the allegation against the inmate or its hearing or review, to serve as the disciplinary panel,

(b) the new disciplinary panel shall rehear the allegation filed in writing under section 30 as soon as practical, and

(c) sections 32 and 33 and this section apply to the hearing.

[am. B.C. Reg. 393/85, s. 23.]

 Segregation cell

35  (1)  Where, in the opinion of the director, an inmate

(a) exhibits behaviour likely to endanger himself or other persons, or

(b) obstructs or impedes the proper management, order or discipline of the correctional centre,

the director may order that the inmate be confined in his cell or a segregation cell.

(2)  An inmate confined under subsection (1) shall be released from his cell or the segregation cell to his regular program within 24 hours of the beginning of the confinement unless

(a) the inmate is, arising out of the circumstances giving rise to the confinement, charged with an offence under an enactment of the Province or of Canada, or

(b) the director has requested an examination of the inmate by 2 medical practitioners for the purpose of removing or transferring the inmate to a Provincial mental health facility designated under the Mental Health Act.

(3)  Where the director has not, within 5 days from the beginning of the confinement of an inmate referred to in subsection (2) (b), recommended or authorized the removal or transfer of the inmate to a Provincial mental health facility, he shall at once release the inmate from his cell, or the segregation cell, to his regular program at the correctional centre.

[am. B.C. Reg. 393/85, ss. 24-26.]

 Inmate rights while in a segregation cell

36  During confinement in a segregation cell, an inmate shall

(a) receive 3 meals a day at the times and of the type normally received by the inmates in the correctional centre generally,

(b) unless the director considers it could endanger the inmate or other persons, have a mattress, bedding and clothing of the type normally issued to the inmates in the correctional centre,

(c) retain his customary access to reading material and, unless the director considers this would pose a special danger to the inmate or other persons, the use of tobacco products,

(d) retain his customary privileges respecting letters and visits, as set out in these rules and regulations, and

(e) after the first 24 hours of confinement, thereafter be allowed a minimum one hour exercise period outside the segregation cell during each 24 hour period unless the director considers this could endanger the inmate or other persons.

 Segregation cells records

37  A director shall have a log book maintained in the segregation cells area of his correctional centre in which shall be recorded

(a) the name of each inmate confined in a segregation cell, the date and time his confinement began, and the date and time his confinement ended,

(b) the name of the officer who ordered the inmate confined in a segregation cell,

(c) the date and time of a temporary absence of the inmate from his segregation cell, the reason for the absence, the name of the officer authorizing the absence, and the date and time of the inmate's return to segregation cell,

(d) the date and time of a visit made by a person to the inmate, the name of the person making the visit and, where that person is an officer or an employee in the branch, the position in the branch he holds,

(e) the names of each officer in each shift supervising the segregation cells, and

(f) the date, time, and summary of details concerning any unusual occurrence occurring in the segregated cell area.

 Medical supervision of segregation cell confinement

38  Where an inmate is confined in a segregation cell, the director shall ensure that

(a) a medical officer or an officer with medical training visits the inmate at least once during each 24 hour period of confinement, and

(b) the medical officer, or an officer with medical training in consultation with a medical officer, shall forthwith advise the director of the mental or physical condition of an inmate where such a condition makes continued confinement in the segregation cell inappropriate.

 Separate custody

38.1  (1)  Where, in the opinion of the director, it is necessary or desirable for the security and order of a correctional centre or the safety of the inmate that an inmate be kept in custody separate from other inmates, the director may order that the inmate be kept separate from other inmates.

(2)  Where an inmate is kept in separate custody under subsection (1),

(a) the director shall review the reasons for the separate custody at least once every 7 days and decide whether or not the circumstances giving rise to the separate custody have changed sufficiently to permit the inmate to be kept in custody with other inmates, and

(b) the regional director shall review a decision made under paragraph (a) within 30 days after the decision is made.

(3)  An inmate kept in separate custody under subsection (1) shall not for that reason only be deprived of any privilege granted to other inmates at the correctional centre unless the privilege cannot reasonably be granted to the inmate having regard to the limitations of the area in which he is kept separate and the necessity for the effective operation of that area of the correctional centre.

[en. B.C. Reg. 393/85, s. 27.]

 Consultation procedure

39  (1)  A request by an inmate to meet and discuss a matter with the director or an officer shall, without unreasonable delay, be conveyed by the officer receiving the request to the director or officer requested.

(2)  The director or officer requested shall meet with the inmate as soon as reasonable and practical.

(3)  On making a decision concerning a matter discussed with the inmate as a consequence of a requested meeting under this section, the director or officer who made the decision shall advise the inmate of the decision as soon as reasonable and practical.

 Grievance procedure within correctional centre

40  (1)  An inmate may present a written complaint concerning the operation of the correctional centre to

(a) an officer,

(b) the director,

(c) the district director, or

(d) the regional director.

(2)  Not later than 7 days after the complaint is presented to a person referred to in subsection (1),

(a) the officer in charge of the unit in which the inmate is confined, or

(b) where the inmate is not confined in a unit, the director

shall investigate the complaint and advise the inmate in writing of the results of the investigation.

[en. B.C. Reg. 393/85, s. 28.]

 Grievance to director, inspection and standards

41  (1)  An inmate may make a written complaint concerning the operation of the correctional centre to the Director of Inspection and Standards.

(2)  An officer or director shall, on request, provide assistance to an inmate making a complaint under subsection (1) and shall, on receipt of a sealed envelope from the inmate addressed to the Director of Inspection and Standards forthwith forward the envelope to him.

(3)  On receipt of a written complaint under this section, the Director of Inspection and Standards shall, as soon as practical and reasonable

(a) acknowledge receipt to the inmate in writing,

(b) investigate the matter complained of, and

(c) advise in writing the inmate and any officer named in the complaint of the results of the investigation.

[am. B.C. Reg. 393/85, s. 29.]

 Correspondence

42  (1)  Where, in the opinion of a director, an examination of the contents of any correspondence between an inmate and another person, other than privileged correspondence, may disclose a threat to the management, operation, discipline or security of the correctional centre, the director or an officer authorized by the director may

(a) open and read the correspondence,

(b) return to the sender any correspondence that in his opinion threatens the management, operation, discipline or security of the correctional centre, and

(c) withhold from an inmate any contents in the form of money, contraband or an object that, under the rules of the correctional centre, is not permitted to be brought into the correctional centre.

(2)  Where any money or object is withheld from an inmate under subsection (1), the director shall

(a) advise the inmate, and

(b) unless the money or object is evidence of an offence against an Act or regulation of the Province or of Canada, place the money or object in safekeeping and give it to the inmate on his release from the correctional centre.

(3)  Where the correspondence addressed to an inmate that purports to be privileged correspondence may, in the opinion of a director, threaten the management, operation, discipline or security of the correctional centre, the director may require the inmate to open the correspondence in his presence or in the presence of an officer in order to ensure that the correspondence is privileged correspondence and that it does not contain contraband.

(4)  An inmate may receive books or periodicals sent to him directly from the publisher.

(5)  Every inmate may send as many letters per week as he sees fit.

(6)  A director shall provide an inmate with postage for

(a) all privileged correspondence, and

(b) in the case of correspondence other than privileged correspondence, not more than 7 letters a week.

[am. B.C. Reg. 393/85, s. 30.]

 Monitoring of communications

43  (1)  Where a director or an officer authorized by the director has first advised the inmate that oral communication or telecommunication may be monitored, the director or an officer authorized by the director may monitor such communication between an inmate and another person as the director believes may disclose a threat to the management, operation, discipline or security of the correctional centre.

(2)  Notwithstanding subsection (1), a communication between an inmate and a person referred to in section 44 (5) (b) to (e) shall not be monitored.

[am. B.C. Reg. 393/85, s. 31.]

 Visitors to an inmate

44  (1)  A director, with the approval of his regional director of corrections, shall establish rules regulating visits by persons to inmates at the correctional centre and these rules shall include provision for

(a) a suitable space within the correction centre where visits shall take place,

(b) a schedule of hours and days on which visits may be held, and

(c) the number of visits a week to which an inmate is entitled.

(2)  Except as authorized by the director, no person shall visit an inmate except within the space and at such times a provided under subsection (1) (a) and (b).

(3)  No person shall have access to a correctional centre or part of a correctional centre except as authorized by

(a) an enactment of the Province or of Canada, or

(b) the consent of the director.

(4)  Where in his opinion the management, operation, discipline or security of the correctional centre so requires, the director may

(a) order the removal of a person from the correctional centre or a part of the correctional centre, or

(b) prohibit any person from visiting inmates at a correctional centre or part of a correctional centre.

(5)  Visits to a inmate, except those by

(a) a peace officer on duty,

(b) a barrister or solicitor representing an inmate respecting a charge for which the inmate awaits trial,

(c) a Member of Parliament or of the Legislative Assembly,

(d) the commissioner, a regional director, a district director, or the Director of Inspection and Standards, or

(e) the Ombudsman,

may be supervised by an officer, who may terminate the visit where, in his opinion, the management, operation, discipline, or security of the correctional centre is threatened by continuation of the visit.

(6)  Notwithstanding this section, the persons referred to in subsection (5) (a) to (e) may visit an inmate at any reasonable time.

[am. B.C. Reg. 393/85, ss. 32, 33.]

 Work, recreation and education opportunities

45  (1)  A director shall provide a program of work and recreation for all inmates who are serving a sentence at his correctional centre.

(2)  The director shall, in so far as practical, ensure that reasonable facilities are provided to interest and assist inmates to improve their level of education or training.

 Participation in work, training and recreation

46  (1)  Unless excused by a medical officer, in writing, an inmate serving a sentence shall participate in programs through the correctional centre of work, training or recreation.

(2)  An inmate shall not be unreasonably assigned to non-essential work duties conflicting with a recognized day of religious observance in the religious faith to which he belongs.

(3)  Where payment accords with rates approved by the commissioner, an inmate may receive payment in accordance with these rates for work done.

 Illness or death in the immediate family

47  (1)  Where a director is satisfied that a member of an inmate's immediate family is critically ill, the director may permit the inmate to visit that person at the hospital, residence or other place specified by the director in granting permission.

(2)  On the death of a member of the inmate's immediate family, the director may permit the inmate to attend the funeral or, as specified by the director in granting permission, to visit the funeral parlour, family home or another place.

 Medical services

48  (1)  After admission of an inmate to a correctional centre, the medical officer shall examine the inmate and prepare a written report on the inmate's

(a) state of health,

(b) suitability for work, training and recreational programs, and

(c) fitness for transfer or discharge.

(2)  Repealed. [B.C. Reg. 393/85, s. 34.]

(3)  Unless a medical officer certifies that an inmate is fit for transfer to another correctional centre, the inmate shall not be transferred.

(4)  Subject to subsection (5), where a medical officer is of the opinion that at the time an inmate's sentence expires the inmate suffers from an acute or dangerous illness, the director shall permit the inmate to remain at the correctional centre until

(a) a medical officer considers that the inmate has sufficiently recovered, or

(b) alternative arrangements are made for the inmate's care.

(5)  Where the inmate is capable of applying, in writing, to remain at the correctional centre in the circumstance described in subsection (4), the director will only grant permission to remain where the inmate has made written application to do so.

[am. B.C. Reg. 393/85, s. 34.]

 Transfers under the Mental Health Act

49  On forming an opinion that an inmate

(a) is a mentally disordered person, and

(b) requires

(i)  medical treatment in a Provincial mental health facility designated under the Mental Health Act, and

(ii)  care, supervision and control in a Provincial mental health facility for his own protection or welfare, or for the protection of others,

the medical officer shall so advise the director and assist him in arranging removal or transfer of the inmate to a Provincial mental health facility.

[en. B.C. Reg. 393/85, s. 35.]

 Health care unit

50  A correctional centre shall have an area within it suitably equipped and maintained for the health care needs of the inmates.

 General medical procedures

51  (1)  The medical officer for a correctional centre is responsible for attending to the mental and physical health needs of the inmates and shall, at times set by the director, examine each inmate who is ill or complains of illness or who an officer indicated may require attention.

(2)  The medical officer shall oversee the quality of hygiene at the correctional centre and shall keep the director advised of his findings.

(3)  The medical officer shall keep an inventory of all controlled drugs, and drugs set out in Schedule A, Part 1, 2 or 3, or Schedule B of the Pharmacy Act¹, under his control and shall keep a written record of each prescription issued to an inmate under his supervision.

 Emergency medical procedures

52  (1)  As soon as practical after he forms an opinion that an inmate requires

(a) special treatment not available at the correctional centre, or

(b) segregation for medical reasons,

a medical officer shall so advise his director in writing, and together with the director take any steps necessary to ensure that the medical needs of the inmate are attended to.

(2)  Forthwith on forming the opinion that an inmate may attempt suicide, a medical officer shall inform the director who shall direct an officer to closely supervise the inmate.

[am. B.C. Reg. 393/85, s. 36.]

 Duties of a medical officer on the death of an inmate

53  On the death of an inmate, a medical officer shall forthwith prepare a written record, including

(a) the date and time the inmate contracted the illness or injury that caused death,

(b) the date and time this illness or injury was first reported to a medical officer,

(c) the apparent cause of death,

(d) the date and time of death, and

(e) any other comments that the medical officer considers relevant concerning the death.

 Serious injury, serious illness or death of an inmate

54  (1)  On the serious injury, serious illness, or death of an inmate, the chaplain or other officer specified by the director shall immediately notify the next of kin or other person who the inmate has specified for the purpose of such notification.

(2)  On the death of an inmate, the director or officer in charge of the correctional centre at the time shall immediately notify

(a) a coroner,

(b) the local law enforcement agency,

(c) the chaplain,

(d) the district director,

(e) the regional director,

(f) the commissioner, and

(g) the Director of Inspection and Standards.

[am. B.C. Reg. 393/85, s. 37.]

 Burial

55  (1)  Where an inmate dies in a correctional centre and a relative of the inmate or the executor of the deceased's estate claims the body for burial, the director shall release the body to that person subject to section 54.

(2)  Where an inmate dies in a correctional centre and no relative or executor claims the body for burial, the director shall, in consultation with a chaplain, take appropriate steps to have the body interred in a local cemetery.

 Miscellaneous health matters

56  (1)  A director shall make appropriate arrangements so that each inmate may wash or have a shower at least once a day.

(2)  On admission to a correctional centre and thereafter as necessary, and inmate shall be provided with, or given access to, those toilet articles necessary for his health and cleanliness.

(3)  Repealed. [B.C. Reg. 393/85, s. 38.]

(4)  A director shall ensure that meals provided to inmates comply in quality and quantity with the standards recommended by Canada's Food Guide.

[am. B.C. Reg. 393/85, s. 38.]