BILL NO. 12

(as introduced)

2nd Session, 62nd General Assembly
Nova Scotia
63 Elizabeth II, 2014

Government Bill

Correctional Services Act
(amended)

The Honourable Lena Metlege Diab
Minister of Justice

First Reading: October 2, 2014

(Explanatory Notes)

Second Reading: October 6, 2104

Third Reading: October 30, 2014 (LINK TO BILL AS PASSED)

Explanatory Notes

Clause 1

(a) removes the definition of "assistant probation officer" as the position no longer exists;

(b) amends the definition of "committal order" to include an order prescribed in the regulations; and

(c) replaces the definition of "electronic monitoring" with a broader definition of "electronic supervision".

Clause 2 replaces "electronic monitoring" with "electronic supervision" under the powers of the Minister.

Clause 3 removes a redundant reference to "assistant probation officers".

Clause 4 clarifies that interest earned on any money held in trust for an offender or for the general benefit of offenders may only be used for the general benefit of offenders.

Clause 5 eliminates unnecessary words.

Clause 6 rewords the provision concerning the appointment of probation officers to remove assistant probation officers.

Clause 7 adds video visitation to the types of visitation the superintendent may allow for an offender in custody.

Clause 8 updates the provision concerning telephone communications to

(a) include video and electronic communications; and

(b) allow the Minister to prescribe persons whose communications with an offender in custody may not be restricted, intercepted, monitored or recorded.

Clause 9

(a) allows the Minister to prescribe persons whose correspondence with an offender in custody may not be inspected; and

(b) broadens "correspondence" to include correspondence produced, recorded or stored by graphic, electronic, mechanical or other means.

Clause 10 provides that offenders are subject to the rules and regulations applicable to an offender in custody while they are being transported and adds locations to which they may be transported.

Clauses 11 and 12 remove the references to an "assistant probation officer".

Clause 13 removes the necessity for the Executive Director to provide a victim, a victim's parent, guardian, spouse or child or another person with information respecting a routine temporary transfer.

Clause 14 amends the Minister's regulation-making powers to

(a) prescribe orders that will be included in the definition of committal orders;

(b) remove two references to assistant probation officers;

(c) add the authority to prescribe locations to or from which offenders may be transported;

(d) limit the Crown's liability with respect to any loss or damage to an offender's property while offender is in a correctional facility; and

(e) add video and electronic forms of communication to the subclauses respecting a superintendent's power to restrict or monitor an offender's communications.

An Act to Amend Chapter 37
of the Acts of 2005,
the Correctional Services Act

Be it enacted by the Governor and Assembly as follows:

1 Section 2 of Chapter 37 of the Acts of 2005, the Correctional Services Act, is amended by

(a) striking out clause (a);

(b) striking out "or" at the end of subclause (c)(i);

(c) adding "or" at the end of subclause (c)(ii);

(d) adding immediately after subclause (c)(ii) the following subclause:

(e) striking out clause (l) and substituting the following clause:

and

(f) striking out "an assistant probation officer," in the second and third lines of clause (m).

2 Subclause 3(1)(g)(v) of Chapter 37 is amended by striking out "monitoring" in the first line and substituting "supervision".

3 Section 6 of Chapter 37 is amended by striking out ", assistant probation officers" in the second line.

4 (1) Subsection 10(2) of Chapter 37 is amended by striking out "Any" in the first line and substituting "Subject to subsection (3), any".

(2) Section 10 of Chapter 37 is further amended by adding immediately after subsection (2) the following subsection:

5 Subsection 24(2) of Chapter 37 is amended by striking out "believes that he or she" in the first line.

6 Subsection 34(1) is repealed and the following subsection substituted:

7 Subsection 54(1) of Chapter 37 is amended by adding ", including visitors appearing by way of video visitation" immediately after "visitors" in the third line.

8 Section 55 of Chapter 37 is repealed and the following Section substituted:

9 Section 56 of Chapter 37 is repealed and the following Section substituted:

10 (1) Clause 88(2)(b) of Chapter 37 is amended by

(a) striking out "or" at the end of subclause (ii);

(b) striking out the period at the end of subclause (iii) and substituting a comma; and

(c) adding the following subclauses: