Amendments to R.R.O. 1990, Regulation 778 (General) under the Ministry of Correctional Services Act, 1990
Regulation - Other
Bill or Act:
Ministry of Correctional Services Act, 1990
Summary of Proposal:
The Ministry of the Solicitor General is seeking feedback on three proposed amendments to R.R.O. 1990, Regulation 778 that are intended to update outdated provisions, improve operational practices and increase cost-savings.
1. AMENDMENTS RELATED TO INDEPENDENT REVIEWS OF SEGREGATION PLACEMENTS
Regulation 778 will be amended to enable an independent and prompt fifth day review of administrative segregation conditions.
Regulation 778 currently states that the Superintendent is responsible for the review of inmates in segregation conditions every five days. Regulation 778 will be changed to include an independent review process by the fifth day.
2. AMENDMENTS RELATED TO LENGTH OF DISCIPLINARY SEGREGATION
Regulation 778 currently limits disciplinary segregation to 30 consecutive days; however, this does not align with operational policy, which establishes a 15-day cap on disciplinary segregation.
The Ministry made changes to the disciplinary segregation regime in operational policy based on research, engagement with stakeholders and the public, and international standards. The corresponding regulatory provision will be changed to align with operational policy and reduce any ambiguity for frontline staff.
3. AMENDMENTS RELATED TO PAROLE CONSIDERATION WHEN INMATES HAVE WAIVED THEIR RIGHT TO A PAROLE HEARING
The current regulation mandates that inmates must be considered for parole by the Ontario Parole Board, even when inmates have taken steps to expressly not seek parole by waiving their right to a parole hearing.
In these cases, there is little benefit achieved by continuing to consider the inmate for parole. Further parole consideration merely burdens the government and frontline workers with unnecessary work and increases costs.
Removing the obligation to consider an inmate for parole in cases where inmates have expressly waived (in writing) their right to a parole hearing would reduce operational pressures on both the Ministry of the Solicitor General and the Ontario Parole Board.
For more detailed information on the regulatory amendments, please see attached document.
Written comments can be sent to: SOLGENinput@ontario.ca or Corrections Policy Unit, 9th Flr, 25 Grosvenor St, Toronto, ON M7A 1Y6
August 26, 2019
Comments Due Date:
September 24, 2019
Corrections Policy Unit
Ministry of the Solicitor General
George Drew Bldg 9th Flr
25 Grosvenor St, Toronto, ON M7A 1Y6