Bill C-283: An Act to amend the Criminal Code and the Corrections and Conditional Release Act (addiction treatment in penitentiaries)

R.S., c. C-46 Criminal Code 1 The Criminal Code is amended by adding the following after section 743.1: Sentence to be served in designated facility 743.11 (1) On request by a person who is sentenced to imprisonment in a penitentiary, a court may make a recommendation that the person serve their sentence, or a part of it, in custody in a designated facility as defined in subsection 2(1) of the Corrections and Conditional Release Act if (a) there is evidence establishing a pattern of repetitive behaviour by the offender that indicates that problematic substance use has contributed to the offender’s involvement in the criminal justice system; (b) the offender consents to participating in the treatment program provided at the facility; (c) the court is satisfied that the fact that the offender serves their sentence, or a part of it, in a designated facility would be consistent with the fundamental purpose and principles of sentencing set out in sections 718 to 718.201; (d) the offence of which the individual is convicted is not an offence, prosecuted by way of indictment, for which the maximum term of imprisonment is 14 years or life; and (e) the offence of which the individual is convicted is not an offence, prosecuted by way of indictment, for which the maximum term of imprisonment is 10 years, that (i) resulted in bodily harm, (ii) involved the import, export, trafficking or production of drugs, or (iii) involved the use of a weapon. Report to court by Correctional Service (2) A court that makes a recommendation under subsection (1) shall forward to the Correctional Service of Canada its reasons for the recommendation, any relevant reports that were submitted to it in relation to the recommendation, and any other information relevant to administering the sentence or committal. 1992, c. 20 Corrections and Conditional Release Act 2 (1) Paragraph (a) of the definition penitentiary in subsection 2(1) of the Corrections and Conditional Release Act is replaced by the following: (a) a facility of any description — including a designated facility — together with all lands connected with it , that is operated, permanently or temporarily, by the Service for the care and custody of inmates, and (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order: designated facility  means a facility designated under subsection 30.1(1); ( établissement désigné ) 3 (1) Subparagraph 15.1(1)(b)(ii) of the Act is replaced by the following: (ii) their participation in programs, including programs in a designated facility , and (2) Section 15.1 of the Act is amended by adding the following after subsection (1): Substance use (1.1) In developing the plan, the institutional head shall take into account any information relating to the offender’s substance use that was forwarded to them under subsection 743.11(2) of the Criminal Code . (3) Subsection 15.1(2.01) of the Act is replaced by the following: Mental health assessment (2.01) In order to ensure that the plan can be developed in a manner that takes any mental health needs of the offender into consideration, including any that relate to substance use , the institutional head shall, as soon as practicable after the day on which the offender is received but not later than the 30th day after that day, refer the offender’s case to the portion of the Service that administers health care for the purpose of conducting a mental health assessment of the offender. 4 Paragraph 28(c) of the Act is replaced by the following: (c) the availability of appropriate programs and services, including programs and services that are provided in a designated facility , and the person’s willingness to participate in those programs. 5 The Act is amended by adding the following after section 28: Sentence to be served in designated facility 28.1 If a recommendation is made under subsection 743.11(1) of the Criminal Code that a person who is or is to be confined in a penitentiary serve their sentence, or a part of it, in a designated facility, the Service shall ensure that the person is placed in such a facility as soon as reasonably possible. 6 Section 29 of the Act is amended by striking out “or” at the end of paragraph (b) and by adding the following after that paragraph: (b.1) within a penitentiary, from an area that has been assigned a security classification under section 29.1 to a designated facility within the same or another penitentiary, in accordance with the regulations made under paragraph 96(f.1); or 7 The Act is amended by adding the following after section 30: Addiction Treatment Facilities Designation 30.1 (1) The Commissioner may designate a penitentiary or any area in a penitentiary to be an addiction treatment facility. Purpose (2) The purpose of an addiction treatment facility is to provide an inmate with access to a program for curative treatment in relation to their problematic substance use as well as to other related services that respond to their specific needs. Agreement with province (3) The Minister, or a person authorized by the Minister, may enter into an agreement with a province for the provision of addiction treatment programs to offenders in a designated facility and for payment by the Minister, or by a person authorized by the Minister, in respect of the provision of those programs. 8 The definition health care in section 85 of the Act is replaced by the following: health care  means medical care, dental care and mental health care, provided by registered health care professionals or by persons acting under the supervision of registered health care professionals, and includes care that is provided as part of an addiction treatment program in a designated facility ; ( soins de santé ) 9 Section 96 of the Act is amended by adding the following after paragraph (f): (f.1) respecting the confinement of inmates in a designated facility, including respecting the making of a determination by an institutional head or the Commissioner, in consultation with addiction treatment experts, as to whether the treatment provided to an inmate in a designated facility should be altered or as to whether an inmate should remain in such a facility;