Regulation BEFORE repealed by BC Reg 137/2005, effective April 18, 2005.
| B.C. Reg. 562/77 O.C. 3730/77 | Filed December 12, 1977 |
Youth Justice Act
Youth Correctional Programs Regulation
Definitions
1 In this regulation:
"Act" means the Youth Justice Act;
"breach of conduct" by a youth means that the youth has
(a) interfered improperly in the operation of a youth custody centre,
(b) contravened a rule or regulation applicable to the youth at a youth custody centre, or
(c) committed an offence under an enactment of Canada or British Columbia;
"chaplain" means a chaplain appointed under the Act;
"director" means the person in charge of a youth custody centre at a location specified in the director's appointment under the Act and includes an employee authorized by the minister to act in place of the director;
"medical officer" means a medical practitioner or a registered nurse;
"minister" means the minister charged with the administration of the provisions of the Act relating to youths and includes an employee authorized by the minister to act in the minister's place;
"parent" includes a guardian of the person of a youth;
"youth" means a young person in custody at a youth custody centre;
"youth programs" means all programs provided by the minister for youths;
"youth supervisor" means a person employed at or providing services under contract for youth at a youth custody centre.
[en. B.C. Reg. 225/97, s. 1.]
Maintenance of records
2 (1) A director shall maintain,
(a) a plan of the buildings and grounds,
(b) a chart illustrating the administrative structure, and
(c) records concerning each youth
for which the director has management responsibility.
(2) Repealed. [B.C. Reg. 225/97, s. 2 (b).]
[am. B.C. Reg. 225/97, s. 2.]
Access to facilities by M.P.s and M.L.A.s
3 (1) On written request from
(a) a Member of the Parliament of Canada,
(b) a Member of the Legislative Assembly of the Province,
(c) a member of the committee,
(d) a judge, or
(e) a person authorized in writing by the minister for the purposes of this section,
a director or other person in authority at the buildings and grounds shall allow the Member, judge or authorized person immediate access at any time to youths, staff, and any part of the buildings and grounds for which the director has management responsibility.
(2) Notwithstanding subsection (1), where the director decides that the presence at the buildings or grounds of a Member, judge or authorized person referred to in subsection (1) would result in harm to a youth or would interfere with the orderly operation of a youth custody centre, the director may order the Member or authorized person barred or removed.
(3) Where a director has made an order under subsection (2), the director shall forthwith
(a) make a written record of the time and reasons for his order, and
(b) forward copies of this record to
(i) the Member, judge or authorized person,
(ii) the minister, and
(iii) the director.
[am. B.C. Reg. 225/97, s. 3.]
Duties of a youth supervisor on learning of injury or illness of a youth or damage by the youth
6 Where a youth supervisor believes that a youth
(a) has injured himself or others,
(b) has extensively damaged property,
(c) is physically or mentally ill, or
(d) may injure himself or others, extensively damage property, or become physically or mentally ill,
the youth supervisor shall forthwith advise the director.
Money transactions by youth supervisors
9 Except as allowed by the provisions for the operation of a youth custody centre, no youth supervisor shall conduct a money or business transaction with, or on behalf of, a youth.
[am. B.C. Reg. 225/97, s. 5.]
Searching the person or property of a youth
10 (1) On admission of a youth to a youth custody centre, and at such subsequent times while the youth remains in a youth custody centre as a youth supervisor considers necessary, a youth supervisor of the same gender as the youth may search the person or property of the youth.
(2) A search under subsection (1) shall be conducted in a manner respecting, as far as is reasonably possible, the privacy and dignity of the youth.
[am. B.C. Reg. 225/97, s. 5.]
Seizure of property of a youth
11 (1) Where, in the opinion of a youth supervisor, the continued possession of an object by a youth is contrary to the proper operation of the youth custody centre, the youth supervisor shall take possession of the object and hold it in a secure place.
(2) Where an object is seized under subsection (1), the youth supervisor shall give the youth a receipt adequately identifying the object.
[am. B.C. Reg. 225/97, s. 6.]
Rules of conduct
12 (1) A director shall establish written rules of conduct for the youth correctional programs at the location for which the director has management responsibility.
(2) On admission of a youth to a youth custody centre, the director shall give the youth a written copy of the rules of conduct governing the program and shall give the youth whatever verbal explanation of the rules is necessary in order for the youth to understand them.
(3) The rules of conduct of a youth custody centre shall include a description of the daily activities of the program and of the role of the director and of the youth supervisors.
[am. B.C. Reg. 225/97, s. 5.]
Consequences of a breach of the rules of conduct
13 (1) Where a youth supervisor reports an unresolved breach of conduct by a youth, the director shall meet with the youth and other persons considered appropriate by the director, and shall attempt to resolve the breach.
(2) The director may order consequences, appropriate in light of acceptable community standards, for a youth who has been found to have knowingly committed a breach of conduct.
Monetary allowances
14 (1) The director may, to reward participation by youths in activities specified by the director, establish a scale of monetary allowances to the youths.
(2) A youth may spend money received under subsection (1) only as authorized by the director.
[am. B.C. Reg. 225/97, s. 7.]
Secure areas
15 (1) Where these conform with applicable health, fire, and safety enactments, the director may establish security areas.
(2) Subject to subsections (4) and (5), where a youth supervisor is of the opinion that
(a) a youth has committed a breach of conduct, or
(b) a youth possesses a drug or contraband article concealed in his body,
the youth supervisor may order the youth to be confined in a security area established under this section.
(3) Where a youth is confined under this section,
(a) the youth supervisor shall forthwith advise the director,
(b) the director shall, every 4 hours, review whether the order of confinement should continue,
(c) the order of confinement shall not continue in force for more than 72 hours,
(d) while within the security area, the youth shall be viewed by a youth supervisor at intervals of not more than 15 minutes during the confinement, and the youth supervisor shall make a written record of the youth's apparent condition and the time of observation, and
(e) the director shall ensure that a youth supervisor is on duty at all times within hearing range of the youth.
(4) A youth shall only be confined pursuant to an order under subsection (2) (b) if the youth is under the supervision of a medical officer throughout the period of confinement.
(5) Where a youth apparently requires special supervision or segregation for medical or psychiatric reasons, the youth shall not be confined under this section.
[am. B.C. Regs. 167/87; 225/97, s. 7.]
Grievance procedure
16 (1) Where a youth tells a staff member that the youth wishes to discuss a matter with the director, the staff member shall forthwith tell the director of this request.
(2) On receipt of a request under this section, the director shall arrange to meet with the youth and discuss the matter as soon as practical.
(3) A director may investigate any grievance submitted to the director under this section and shall report all investigations of grievances by youths to the director referred to in section 34 of the Act.
[am. B.C. Reg. 225/97, s. 8.]
Contact and correspondence with family, lawyer, and others
17 (1) On admission of a youth to a youth custody centre, the director shall, as soon as reasonably possible, advise a parent of the youth concerning the admission.
(2) A youth in a youth custody centre has the right to correspond directly with
(a) the director referred to in section 34 of the Act,
(b) the Ombudsman,
(c) a person designated under section 91 (1) of the Child, Family and Community Service Act,
(d) a Member of the Legislative Assembly of the Province or of the Parliament of Canada,
(e) the solicitor of the youth,
(f) the parents, siblings, or other relatives of the youth, or
(g) such other persons as the director may specify.
(3) Correspondence referred to in subsection (2) (f) or (g) may be examined by the director.
(4) Where, in the opinion of the director, an object enclosed with correspondence examined by the director endangers the security, discipline or operation of a youth custody centre, the director may seize the object and file it in a secure place.
(5) Where an object is seized under this section, the director shall give the youth a receipt identifying it.
(6) No correspondence described by subsection (2) (a), (b), (c), (d) or (e) shall be examined under this section.
[am. B.C. Reg. 225/97, s. 9.]
Telephone privileges
18 (1) At the discretion of the director, a youth shall be allowed reasonable opportunity to telephone parents, the solicitor of the youth, or other persons.
(2) On admission to a youth custody centre on order of remand or warrant for arrest, a youth has the right to telephone a parent, solicitor or both, as soon as practical.
[am. B.C. Reg. 225/97, s. 10.]
Visiting privileges
19 (1) A director shall establish general rules to regulate visits to youths by a parent, solicitor, or other persons.
(2) On admission to a youth custody centre on order of remand or warrant for arrest, a youth shall be allowed a visit by the youth's parent, solicitor, or both, as soon as practical.
[am. B.C. Reg. 225/97, s. 10.]
Medical examination of youth on admission to a detention centre or youth containment centre
20 (1) On admission to a youth custody centre, a youth shall, as soon as practical, be examined by a medical officer, who shall prepare a written report on the state of the youth's health.
(2) Repealed. [B.C. Reg. 225/97, s. 11 (b).]
[am. B.C. Reg. 225/97, s. 11.]
Medical officer to be advised where a youth is apparently ill
21 (1) A director shall ensure that each youth for whom the director has management responsibility has access to the services of a medical officer.
(2) A medical officer shall be advised if a youth complains of illness or if the youth is apparently physically or mentally ill or in danger of becoming so.
(3) On being advised under subsection (2), a medical officer shall ensure that a medical officer examines the youth as soon as reasonable.
Duties of medical officer where a health problem is identified
22 (1) Where a medical officer forms the opinion that
(a) a youth may require special medical or psychiatric treatment or segregation for medical reasons,
(b) a youth presents a medical danger to himself or to others, or
(c) the level of hygiene in a youth custody centre is inadequate,
the medical officer shall forthwith report this opinion in writing to the director.
(2) Where a director receives a report under subsection (1) (b), the director shall, subject to section 15 (5), provide close supervision for the youth until the medical officer advises that this is no longer necessary.
[am. B.C. Reg. 225/97, s. 12.]
Controlled or restricted drugs and prescriptions
23 (1) A director shall ensure that all controlled or restricted drugs dispensed or held as part of a youth custody centre are under the control and supervision of a medical officer.
(2) The medical officer shall keep an inventory of all controlled or restricted drugs under his control as part of a youth custody centre, and shall keep a written record of each prescription issued for a youth under the medical supervision of the medical officer.
[am. B.C. Reg. 225/97, s. 12.]
Meals
24 (1) A director shall ensure that meals provided as part of a youth custody centre are
(a) for each youth in the youth custody centre, adequate in quality and quantity as recommended by the most current Government Dietary Standards for Canada and the Daily Food Guide of the Ministry of Health of the Province, and
(b) prepared, cooked, served, and stored in a manner that best conserves the nutritional value, flavour, texture, and appearance of the meals.
(2) Daily meals in a youth custody centre shall include breakfast, lunch, and supper and a light snack during the evening hours.
(3) Notwithstanding subsections (1) and (2), the director, in consultation with a medical officer, may specify a special diet for youths in a youth custody centre specified by the director.
(4) Notwithstanding this section, restrictions of diets or special diets shall not be used for the purposes of control or discipline of youths.
[am. B.C. Reg. 225/97, s. 13.]
Educational services
25 (1) A director shall provide an adequate location, within a youth custody centre under the management responsibility of the director, for the provision of educational services to the youths there.
(2) The director shall cooperate with local educational authorities so that they may provide teaching staff, materials, and other educational services appropriate to the needs of the youths.
[am. B.C. Reg. 225/97, s. 14.]
Recreational services
26 To promote good health, self-discipline, and teamwork among youths in a youth custody centre under a director's managerial responsibility, the director shall provide recreational opportunity to the youths, including
(a) not less than one hour each day devoted to such recreation, and
(b) where practical, both indoor and outdoor activities.
[am. B.C. Reg. 225/97, s. 12.]
Other services
27 A director shall make all reasonable efforts to ensure that services provided by community and government agencies that would benefit youths under the management responsibility of the director are made available to the youths.
Religious services
28 (1) The chaplain assigned to a youth custody centre at a particular location shall develop and maintain a program of religious observance and counselling in order that those youths who wish to take part in these religious services may do so.
(2) No youth shall be required to participate in any religious service against the youth's will.
(3) On request of a youth under his managerial responsibility, a director may, in consultation with a chaplain, authorize a minister, priest, rabbi or similar religious figure to visit the youth.
(4) Requests by a youth 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 youth to be visited.
(5) In the performance of the chaplain's duties the chaplain shall, subject to whatever restrictions the director considers necessary, have access to youth, staff, and every part of all buildings and grounds within a youth custody centre.
[am. B.C. Reg. 225/97, s. 12.]
Clothing and personal effects
31 On admission and thereafter as needed, a youth in a youth custody centre shall, in accordance with standards to be specified by the director having management responsibility, be issued bedding, towels, items of toiletry, and clothing.
[am. B.C. Reg. 225/97, s. 16.]
Fire safety
32 (1) A director will cooperate fully with the fire commissioner's office and will implement any recommendation they make to improve the fire safety of facilities used in a youth custody centre.
(2) A director shall ensure that an adequate plan is in readiness to evacuate buildings within the director's management responsibility should fire break out and that youths and youth supervisors are properly trained and prepared to carry out this plan.
[am. B.C. Reg. 225/97, s. 16.]
[Provisions of the Youth Justice Act, S.B.C. 2003, c. 85, relevant to the enactment of this regulation: section 44]