Bill 60 2002

An Act to give victims
a greater role at parole hearings,
to hold offenders accountable
for their actions, to provide for inmate
grooming standards, and to make
other amendments to the
Ministry of Correctional Services Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. The Ministry of Correctional Services Act is amended by adding the following section:

Victims

36.1 Victims within the meaning of the Victims' Bill of Rights, 1995 and other victims of offences may participate in proceedings of the Board in accordance with the regulations.

2. (1) Subsection 60 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 17, section 7, 1997, chapter 39, section 10 and 2000, chapter 40, section 18, is amended by adding the following clause:

(j.1) for the purpose of section 36.1, authorizing and governing the participation of victims within the meaning of the Victims' Bill of Rights, 1995 and other victims of offences in proceedings of the Board;

(2) Subsection 60 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 17, section 7, 1997, chapter 39, section 10 and 2000, chapter 40, section 18, is amended by adding the following clause:

(j.2) authorizing persons, other than victims within the meaning of the Victims' Bill of Rights, 1995 and other victims of offences, to attend proceedings of the Ontario Parole and Earned Release Board as observers, and governing their attendance;

(3) Subsection 60 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 17, section 7, 1997, chapter 39, section 10 and 2000, chapter 40, section 18, is amended by adding the following clauses:

(l.1) prescribing standards of professional ethics for persons employed in the administration of this Act and requiring compliance with those standards;

. . . . .

(s) prescribing grooming and appearance standards for inmates serving sentences in correctional institutions that are relevant to the security of those institutions or to the health or safety of persons, and requiring compliance with those standards;

(t) providing for the monitoring, intercepting or blocking of communications of any kind between an inmate of a correctional institution and another inmate or other person, where reasonable for protecting the security of the institution or the safety of persons;

(4) Section 60 of the Act, as amended by the Statutes of Ontario, 1997, chapter 17, section 7, 1997, chapter 39, section 10 and 2000, chapter 40, section 18, is amended by adding the following subsection:

Discipline

(5) The fact that an inmate or young person is alleged to have committed an act or omission that is an offence under an Act of Canada or Ontario does not prevent disciplinary procedures from being taken against him or her in respect of the act or omission in accordance with the regulations made under clause (1) (e).

Commencement

3. (1) Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.

Same

(2) Section 1 and subsections 2 (1) and (2) come into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

4. The short title of this Act is the Victim Empowerment Act, 2002.

EXPLANATORY NOTE

This Explanatory Note was written as a reader's aid to Bill 60 and does not form part of the law. Bill 60 has been enacted as Chapter 12 of the Statutes of Ontario, 2002.

The Bill would amend the Ministry of Correctional Services Act to permit victims to participate in proceedings of the Ontario Parole and Earned Release Board. It would also permit regulations to be made authorizing persons other than victims to attend proceedings of the Board as observers.

The Bill would also permit regulations to be made prescribing standards of professional ethics for persons employed in the administration of the Act, prescribing grooming and appearance standards for inmates serving sentences in correctional institutions, and providing for the monitoring, intercepting or blocking of communications between inmates and other inmates or other persons.

The Bill makes clear that the fact that an inmate or young person is alleged to have committed an offence under an Act of Canada or Ontario does not prevent internal disciplinary procedures from being taken against him or her in accordance with the regulations under the Act.

Bill 60 2002

An Act to give victims
a greater role at parole hearings,
to hold offenders accountable
for their actions, to provide for inmate
grooming standards, and to make
other amendments to the
Ministry of Correctional Services Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. The Ministry of Correctional Services Act is amended by adding the following section:

Victims

36.1 Victims within the meaning of the Victims' Bill of Rights, 1995 and other victims of offences may participate in proceedings of the Board in accordance with the regulations.

2. (1) Subsection 60 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 17, section 7, 1997, chapter 39, section 10 and 2000, chapter 40, section 18, is amended by adding the following clause:

(j.1) for the purpose of section 36.1, authorizing and governing the participation of victims within the meaning of the Victims' Bill of Rights, 1995 and other victims of offences in proceedings of the Board;

(1.1) Subsection 60 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 17, section 7, 1997, chapter 39, section 10 and 2000, chapter 40, section 18, is amended by adding the following clause:

(j.2) authorizing persons, other than victims within the meaning of the Victims' Bill of Rights, 1995 and other victims of offences, to attend proceedings of the Ontario Parole and Earned Release Board as observers, and governing their attendance;

(2) Subsection 60 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 17, section 7, 1997, chapter 39, section 10 and 2000, chapter 40, section 18, is amended by adding the following clauses:

(l.1) prescribing standards of professional ethics for persons employed in the administration of this Act and requiring compliance with those standards;

. . . . .

(s) prescribing grooming and appearance standards for inmates serving sentences in correctional institutions that are relevant to the security of those institutions or to the health or safety of persons, and requiring compliance with those standards;

(t) providing for the monitoring, intercepting or blocking of communications of any kind between an inmate of a correctional institution and another inmate or other person, where reasonable for protecting the security of the institution or the safety of persons;

(3) Section 60 of the Act, as amended by the Statutes of Ontario, 1997, chapter 17, section 7, 1997, chapter 39, section 10 and 2000, chapter 40, section 18, is amended by adding the following subsection:

Discipline

(5) The fact that an inmate or young person is alleged to have committed an act or omission that is an offence under an Act of Canada or Ontario does not prevent disciplinary procedures from being taken against him or her in respect of the act or omission in accordance with the regulations made under clause (1) (e).

Commencement

3. (1) Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.

Same

(2) Section 1 and subsections 2 (1) and (1.1) come into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

4. The short title of this Act is the Victim Empowerment Act, 2002.

This reprint of the Bill is marked to indicate the changes that were made in Committee.

Marginal side bars in the outer margin indicate that either a provision has been replaced, a new provision has been added or that there has been a change within a provision in either or both the English and French version of the bill. The changes are indicated by underlines for new text and a strikethrough for deleted text.

______________

EXPLANATORY NOTE

The Bill would amend the Ministry of Correctional Services Act to permit victims to participate in proceedings of the Ontario Parole and Earned Release Board. It would also permit regulations to be made authorizing persons other than victims to attend proceedings of the Board as observers.

The Bill would also permit regulations to be made prescribing standards of professional ethics for persons employed in the administration of the Act, prescribing grooming and appearance standards for inmates serving sentences in correctional institutions, and providing for the monitoring, intercepting or blocking of communications between inmates and other inmates or other persons.

The Bill makes clear that the fact that an inmate or young person is alleged to have committed an offence under an Act of Canada or Ontario does not prevent internal disciplinary procedures from being taken against him or her in accordance with the regulations under the Act.

Bill 60 2001

An Act to give victims
a greater role at parole hearings,
to hold offenders accountable
for their actions, to provide for inmate grooming standards, and to make
other amendments to the
Ministry of Correctional Services Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. The Ministry of Correctional Services Act is amended by adding the following section:

Victims

36.1 Victims within the meaning of the Victims' Bill of Rights, 1995 and other victims of offences may participate in proceedings of the Board in accordance with the regulations.

2. (1) Subsection 60 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 17, section 7, 1997, chapter 39, section 10 and 2000, chapter 40, section 18, is further amended by adding the following clause:

(j.1) for the purpose of section 36.1, authorizing and governing the participation of victims within the meaning of the Victims' Bill of Rights, 1995 and other victims of offences in proceedings of the Board;

(2) Subsection 60 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 17, section 7, 1997, chapter 39, section 10 and 2000, chapter 40, section 18, is further amended by adding the following clauses:

(l.1) prescribing standards of professional ethics for persons employed in the administration of this Act and requiring compliance with those standards;

. . . . .

(s) prescribing grooming and appearance standards for inmates serving sentences in correctional institutions that are relevant to the security of those institutions or to the health or safety of persons, and requiring compliance with those standards;

(t) providing for the monitoring, intercepting or blocking of communications of any kind between an inmate of a correctional institution and another inmate or other person, where reasonable for protecting the security of the institution or the safety of persons;

(3) Section 60 of the Act, as amended by the Statutes of Ontario, 1997, chapter 17, section 7, 1997, chapter 39, section 10 and 2000, chapter 40, section 18, is further amended by adding the following subsection:

Discipline

(5) The fact that an inmate or young person is alleged to have committed an act or omission that is an offence under an Act of Canada or Ontario does not prevent disciplinary procedures from being taken against him or her in respect of the act or omission in accordance with the regulations made under clause (1) (e).

Commencement

3. (1) Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.

Same

(2) Section 1 and subsection 2 (1) come into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

4. The short title of this Act is the Victim Empowerment Act, 2001.

EXPLANATORY NOTE

The Bill would amend the Ministry of Correctional Services Act to permit victims to participate in proceedings of the Board of Parole.

The Bill would also permit regulations to be made prescribing standards of professional ethics for persons employed in the administration of the Act, prescribing grooming and appearance standards for inmates serving sentences in correctional institutions, and providing for the monitoring, intercepting or blocking of communications between inmates and other inmates or other persons.

The Bill makes clear that the fact that an inmate or young person is alleged to have committed an offence under an Act of Canada or Ontario does not prevent internal disciplinary procedures from being taken against him or her in accordance with the regulations under the Act.