Correctional Services Trust Account Regulations, C-39.1 Reg 1

1 CORRECTIONAL SERVICES TRUST ACCOUNT C-39.1 REG 1 The Correctional Services Trust Account Regulations being Chapter C-39.1 Reg 1 (effective October 1, 1994) as amended by Saskatchewan Regulations 66/94. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 Table of Contents C-39.1 REG 1 CORRECTIONAL SERVICES TRUST ACCOUNT 1 Title 2 Interpretation 3 Opening of accounts 4 Minister or designate is trustee 5 Purpose of collective trust account 6 Purpose of individual trust account 7 Losses 8 Accounting records 9 Department records 10 Audit 11 Dissolution of facility 12 Transitional 13 Repeals 3 CORRECTIONAL SERVICES TRUST ACCOUNT C-39.1 REG 1 CHAPTER C-39.1 REG 1 The Correctional Services Act Title 1 These regulations may be cited as The Correctional Services Trust Account Regulations. Interpretation 2 In these regulations: (a) “collective trust account” means a trust account administered for the collective benefit of offenders in a correctional facility; (b) “individual trust account” means a trust account administered for the benefit of an individual offender in a correctional facility. 8 Jly 94 cC-39.1 Reg 1 s2. Opening of accounts 3 For the purpose of administering a collective trust account and individual trust accounts at a correctional facility, the minister may request that the Minister of Finance open accounts for the facility: (a) with any chartered bank or credit union that the minister may designate; and (b) on any terms that the minister considers appropriate. 8 Jly 94 cC-39.1 Reg 1 s3. Minister or designate is trustee 4(1) The minister or any person designated by the minister shall be the trustee of the collective trust account and the individual trust accounts of a correctional facility. (2) The minister may delegate the minister’s powers as trustee to any person or persons the minister considers appropriate. 8 Jly 94 cC-39.1 Reg 1 s4. Purpose of collective trust account 5 Money in the collective trust account may be used for: (a) acquisition of property for the benefit of offenders; (b) advances to offenders for clothing and supplies; (c) projects, services, programs and activities for or on behalf of offenders; (d) offender-directed programs and activities; (e) gifts and donations to individuals, groups or organizations on behalf of offenders; 4 C-39.1 REG 1 CORRECTIONAL SERVICES TRUST ACCOUNT (f) repairs and maintenance of any collective trust account asset; (g) anything that is approved by the trustee and is not prohibited by these regulations. 8 Jly 94 cC-39.1 Reg 1 s5. Purpose of individual trust account 6(1) Money in an individual trust account may be used by the trustee for: (a) payment of any fee, board and room, or other charges that an offender in a program authorized pursuant to the Act may be required to pay; (b) payments to a specified person as authorized by the offender; (c) payments for damage to any property as assessed pursuant to the inmate disciplinary procedure; (d) payment of any judgment debt or obligations to pay pursuant to The Enforcement of Maintenance Orders Act. (2) For the purpose of facilitating re-integration of the offender into the community on release from the correctional facility, the trustee may retain up to 25% of an allowance paid to an offender pursuant to The Correctional Services Act. (3) The trustee shall pay the amount of money in the offender’s individual trust account to the offender at the time that the offender is released from the correctional facility. 8 Jly 94 cC-39.1 Reg 1 s6. Losses 7(1) Any loss in connection with the use of a collective trust account is to be charged against the funds not required to pay obligations of that correctional facility’s collective trust account after obtaining approval to do so from Treasury Board. (2) No loss that is attributable to proven misappropriation may be charged pursuant to this section without first attempting to gain restitution from the person or persons responsible for the misappropriation. 8 Jly 94 cC-39.1 Reg 1 s7. Accounting records 8 The accounting records for each facility’s collective trust account and individual trust accounts are to include a current record of inventory and of the increases and decreases in each account. 8 Jly 94 cC-39.1 Reg 1 s8. Department records 9 The trustee shall maintain records of each monetary transaction that takes place concerning every collective trust account and every individual trust account. 8 Jly 94 cC-39.1 Reg 1 s9. 5 CORRECTIONAL SERVICES TRUST ACCOUNT C-39.1 REG 1 Audit 10 The Provincial Auditor, or any other auditor or auditors appointed by the Lieutenant Governor in Council, shall periodically audit the records, accounts and financial statements of the trust accounts. 8 Jly 94 cC-39.1 Reg 1 s10. Dissolution of facility 11 Where a correctional facility ceases to operate, any property purchased by a collective trust account and any money remaining in the account are to be disposed of in any manner that the trustee considers appropriate. 8 Jly 94 cC-39.1 Reg 1 s11. Transitional 12(1) All assets and liabilities as of September 30, 1994 in any of the following accounts at each correctional facility are transferred to and become assets and liabilities of the collective trust account in that facility: (a) the Correctional Centre’s Handicraft Account; (b) The Northern Correctional Facilities Trust Account; (c) the Correctional Facility Inmate Benefit Trust Fund. (2) All assets and liabilities as of September 30, 1994 in the Community-Training Residence Joint Trust Account in each community-training residence are transferred to and become the assets and liabilities of the collective trust account of the correctional facility. (3) Any assets and liabilities as of September 30, 1994 in the Inmate Trust Account of an individual offender at each correctional facility are transferred to and become the assets and liabilities of the individual trust account for that offender in that facility. (4) The following accounts and funds cease to exist as of October 1, 1994: (a) Correctional Centres’ Handicraft Accounts; (b) Northern Correctional Facilities Trust Account; (c) Correctional Facility Inmate Benefit Trust Fund; (d) Inmate Trust Account; (e) Community-Training Residences’ Joint Trust Accounts. 8 Jly 94 cC-39.1 Reg 1 s12; 16 Sep 94 SR 66/94 s3. Repeals 13 The following regulations are repealed: (a) Saskatchewan Regulations 244/73; (b) Saskatchewan Regulations 245/73; 6 C-39.1 REG 1 CORRECTIONAL SERVICES TRUST ACCOUNT (c) The Provincial Correctional Facility Inmate Benefit Trust Fund Regulations; (d) The Northern Correctional Facilities Trust Account Regulations. 8 Jly 94 cC-39.1 Reg 1 s13. Coming into Force 14 These regulations come into force of the day on which The Correctional Services Act comes into force. 16 Sep 94 SR 66/94 s5. REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©1996