Youth Justice Administration Regulations, 2019, Y-3 Reg 1

1 YOUTH JUSTICE ADMINISTRATION, 2019 Y-3 REG 1 The Youth Justice Administration Regulations, 2019 being Chapter Y-3 Reg 1 (effective October 1, 2019). NOTE: This consolidation is not official and is subject to House amendments and Law Clerk and Parliamentary Counsel changes to Separate Chapters that may be incorporated up until the publication of the annual bound volume. Amendments have been incorporated for convenience of reference and the official Statutes and Regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the official Statutes and Regulations, errors that may have appeared are reproduced in this consolidation. 2 Y-3 REG 1 YOUTH JUSTICE ADMINISTRATION, 2019 Table of Contents 1 Title 13 Restricting a young person’s activities 2 Definitions re ingested contraband 3 Notice of final decision re transfer 14 Searches re contraband etc. 4 Appeal re transfer 15 Search of vehicles 5 Transfer at the request of a young person 16 Urinalysis and bodily substance tests 6 Young persons to be advised of rules and 17 Disposition of items seized provided with related materials 18 Procedures on appeal to adjudicator 7 Young person visits 18 Complaints by young persons 8 Privileged communication 20 Appeals by young persons 9 Report re use of force 21 Disciplinary infractions 10 Report re use of physical restraint devices 22 Report by youth worker re disciplinary infraction 11 Searches 23 Remote monitoring systems 12 Written reports re strip searches 24 RRS c Y-2 Reg 1 repealed 25 Coming into force 3 YOUTH JUSTICE ADMINISTRATION, 2019 Y-3 REG 1 CHAPTER Y‑3 REG 1 The Youth Justice Administration Act, 2019 Title 1 These regulations may be cited as The Youth Justice Administration Regulations, 2019. Definitions 2(1) In these regulations, “Act” means The Youth Justice Administration Act, 2019. (2) In the Act and these regulations, “urinalysis” means a procedure by which a person provides a urine sample, by the normal excretory process, for analysis. 25 Oct 2019 c Y-3 Reg 1 s2. Notice of final decision re transfer 3(1) For the purposes of clause 3-8(2)(c) of the Act, the director of the custody facility to which the young person is transferred must give the young person written notice of the final decision with respect to the transfer within 5 business days after the date on which the director received the young person’s representations. (2) The notice mentioned in subsection (1) must include the reasons for the decision and notice that the decision may be appealed in accordance with section 4. 25 Oct 2019 c Y-3 Reg 1 s3. Appeal re transfer 4(1) A young person may appeal any decision that was made by a director pursuant to section 3-8 of the Act by providing the provincial director with a notice of appeal within 5 business days after the date on which the young person received written notice of the final decision. (2) On an appeal, the provincial director: (a) shall review the circumstances of the transfer; (b) may review any relevant documents and materials; and (c) may conduct any investigation or inquiry or hold any hearing that the provincial director considers appropriate. (3) The provincial director shall decide the appeal and give the young person written notice of the decision, including the reasons for the decision, within 5 business days after the date on which the provincial director received the notice of appeal. 25 Oct 2019 c Y-3 Reg 1 s4. 4 Y-3 REG 1 YOUTH JUSTICE ADMINISTRATION, 2019 Transfer at the request of a young person 5(1) For the purposes of section 3-9 of the Act, on receipt of a young person’s written request for a transfer, the director of the custody facility in which the young person is being confined or detained must: (a) in the case of a request for a transfer pursuant to clause 3-9(1)(a) of the Act, consult with, and seek the advice of, the director of the custody facility to which the young person has requested to be transferred within 2 business days after receiving the young person’s request in determining if the young person’s request should be granted; (b) in the case of a request for a transfer pursuant to clause 3-9(1)(b) of the Act, consult with, and seek the advice of, the director of the correctional centre to which the young person has requested to be transferred within 5 business days after receiving the young person’s request in determining if the young person’s request should be granted; or (c) in the case of a request for a transfer pursuant to clause 3-9(1)(c) of the Act, consult with, and seek the advice of, the head of the institution to which the young person has requested to be transferred within 5 business days after receiving the young person’s request in determining if the young person’s request should be granted. (2) For the purposes of subsection 3-9(2) of the Act, the director of the custody facility in which the young person is being confined or detained must give the young person written notice of the director’s decision with respect to the transfer, including the reasons for the decision and notice that the decision may be appealed in accordance with subsection (3) if the decision is to deny the request: (a) in the case of a request for a transfer pursuant to clause 3-9(1)(a) of the Act, within 10 business days after the date on which the director received the young person’s request for the transfer; (b) in the case of a request for a transfer pursuant to clause 3-9(1)(b) of the Act, within 5 business days after the date on which the director receives a response from the correctional centre contacted pursuant to clause (1)(b); and (c) in the case of a request for a transfer pursuant to clause 3-9(1)(c) of the Act, within 5 business days after the date on which the director receives a response from the institution contacted pursuant to clause (1)(c). (3) A young person may appeal any decision that was made by a director pursuant to section 3-9 of the Act by providing the provincial director with a notice of appeal within 5 business days after the date on which the young person received written notice of the director’s decision. (4) On an appeal, the provincial director: (a) shall review the circumstances of the request; 5 YOUTH JUSTICE ADMINISTRATION, 2019 Y-3 REG 1 (b) may review any relevant documents and materials; and (c) may conduct any investigation or inquiry or hold any hearing that the provincial director considers appropriate. (5) The provincial director shall decide the appeal and give the young person written notice of the decision, including the reasons for the decision, within 5 business days after the date on which the provincial director received the notice of appeal. 25 Oct 2019 c Y-3 Reg 1 s5. Young persons to be advised of rules and provided with related materials 6(1) As soon as is reasonably practicable after a young person is admitted to or otherwise detained in a custody facility, the director shall advise the young person, both orally and in writing, of the rules of the custody facility and the disciplinary procedures of the custody facility. (2) The director shall provide a young person reasonable access to the following: (a) the Act; (b) these regulations; (c) information about: (i) how to file a complaint with the director; (ii) how to appeal a disciplinary hearing decision, reintegration leave decision or a decision with respect to secluded room time; and (iii) how to apply for a program offered at a custody facility. (3) For the purposes of clause 3-12(3)(c) of the Act, the director shall inform the young person that the young person may seek the assistance of a youth worker in preparing or completing written materials with respect to the matters mentioned in section 7-3 of the Act. (4) The director shall: (a) advise the young person of the young person’s right to communicate with the Advocate; (b) advise the young person of the services provided by the Advocate; (c) advise the young person with respect to how to communicate with the Advocate, including the contact information for the Advocate; (d) provide ongoing access to the contact information for the Advocate. (5) The director shall advise the young person of the young person’s right to communicate with a lawyer. (6) The director shall ensure that an appropriate number of copies of the materials mentioned in subsections (1) and (2) are available at locations within the custody facility accessible to all young persons. 6 Y-3 REG 1 YOUTH JUSTICE ADMINISTRATION, 2019 (7) On the request of the young person for a copy of the materials mentioned in subsections (1) and (2), the director shall provide those materials to the young person. (8) The director shall make reasonable efforts to ensure that: (a) a young person has reviewed the material mentioned in subsections (1) and (2); and (b) if the young person is unable to adequately understand the material mentioned in clause (a), the young person receives assistance to understand that material. 25 Oct 2019 c Y-3 Reg 1 s6. Young person visits 7 For the purposes of subsection 3-16(3) of the Act, the director may prohibit a young person from having physical contact with a visitor if the director believes on reasonable grounds that the contact will: (a) endanger the safety of the young person or the visitor; or (b) adversely affect the security of the custody facility. 25 Oct 2019 c Y-3 Reg 1 s7. Privileged communication 8 For the purposes of clause 3-17(1)(c) of the Act, privileged communication includes communication between the young person and any of the following: (a) the Information and Privacy Commissioner appointed pursuant to The Freedom of Information and Protection of Privacy Act; (b) the Saskatchewan Human Rights Commission. 25 Oct 2019 c Y-3 Reg 1 s8. Report re use of force 9 For the purposes of subsection 3-22(1) of the Act, if a reasonable degree of force is used as described in that subsection, the youth worker involved shall complete a written report that includes: (a) the name of the young person involved; (b) the name of the youth worker; (c) the date and time of the incident; and (d) any other means of dealing with the young person that were attempted before force was used or why other means were not reasonable in the circumstances. 25 Oct 2019 c Y-3 Reg 1 s9. 7 YOUTH JUSTICE ADMINISTRATION, 2019 Y-3 REG 1 Report re use of physical restraint devices 10 For the purposes of subsection 3-23(2) of the Act, if a physical restraint device is used for more than 1 hour, except in the case of the young person being on an escorted absence from the custody facility, the youth worker involved shall prepare a written report that includes: (a) the name of the young person; (b) the name of the youth worker; (c) the date and time of the incident; and (d) any other means of dealing with the young person that were attempted before a physical restraint device was used or why other means were not reasonable in the circumstances. 25 Oct 2019 c Y-3 Reg 1 s10. Searches 11 For the purposes of section 4-1 of the Act: (a) a non-intrusive search is to be conducted by means of: (i) a walk-through metal detector; (ii) a hand-held scanner; or (iii) a body imaging device; and may include a search of personal possessions, including any clothing the person may be carrying and any coat, jacket or footwear that the person has been requested to remove; (b) a pat down search is to be conducted by a youth worker of a clothed person from head to foot, down the front and rear of the body, around the arms and legs and inside clothing folds, pockets and footwear, and may include: (i) a search of personal possessions, including any clothing the person may be carrying and any coat, jacket or footwear that the person has been requested to remove; and (ii) in the case of a young person, a search of the young person’s room and its contents; (c) a strip search conducted by a youth worker: (i) includes a visual inspection of the following: (A) the person undressing completely; (B) the open mouth, hands and arms of the person; (C) the soles of the feet and the insides of the ears of the person; (D) the person running his or her fingers through his or her hair; and (E) the person bending over; 8 Y-3 REG 1 YOUTH JUSTICE ADMINISTRATION, 2019 (ii) includes the person doing anything else that is necessary for the purposes of the strip search; and (iii) may include a search of personal possessions, including any clothing the person may be carrying and any coat, jacket or footwear that the person has been requested to remove. 25 Oct 2019 c Y-3 Reg 1 s11. Written reports re strip searches 12 For the purposes of clause 4-3(2)(e) of the Act, a written report of a strip search must include: (a) the name of the person who authorized the search; and (b) the name of the youth worker who observed the search pursuant to clause 4-2(2) (b) of the Act. 25 Oct 2019 c Y-3 Reg 1 s12. Restricting a young person’s activities re ingested contraband 13 For the purposes of subsection 4-7(3) of the Act, a director who is satisfied that there are reasonable grounds to believe that a young person has ingested contraband or is carrying contraband in a body cavity may authorize any or all of the following: (a) the use of a body imaging device to find the contraband, if the consent of the young person and of a duly qualified medical practitioner is obtained; (b) the placing of the young person in a room without operating plumbing fixtures, with notice to the custody facility’s medical staff, on the expectation that the contraband will be expelled. 25 Oct 2019 c Y-3 Reg 1 s13. Searches re contraband etc. 14 For the purposes of detecting contraband or evidence with respect to an offence in accordance with section 4-8 of the Act, a youth worker may, without individualized suspicion, conduct: (a) periodic non-intrusive searches or pat down searches of a young person and any personal possessions, including any clothing the young person may be carrying and any coat, jacket or footwear that the young person has been requested to remove; and (b) periodic non-intrusive searches of a young person’s room and its contents. 25 Oct 2019 c Y-3 Reg 1 s14. Search of vehicles 15 For the purposes of subsection 4-12(1) of the Act, a youth worker, in conducting a search of a vehicle entering a custody facility, may stop the vehicle, enter the vehicle, visually inspect any part of the vehicle or its contents and manually manipulate any article or contents contained in or on the vehicle. 25 Oct 2019 c Y-3 Reg 1 s15. 9 YOUTH JUSTICE ADMINISTRATION, 2019 Y-3 REG 1 Urinalysis and bodily substance tests 16(1) Subject to subsection (2), if a request is made pursuant to subsection 4-15(1) of the Act, the director must: (a) give the young person the opportunity to object to the request; and (b) if the young person agrees to provide the sample, carry out the request and take the sample in accordance with subsection (4). (2) If a young person objects to providing a sample for a urinalysis, the director shall: (a) consider the young person’s objections; and (b) ensure that the young person is kept in a room without operating plumbing fixtures, separate from other people, for no more than 2 hours until a determination is made pursuant to clause (a). (3) If the director determines that there are reasonable grounds on which to require the sample, the director shall direct the young person to provide the sample. (4) A urine sample must be provided in accordance with the following procedures: (a) subject to subsection 4-15(4) of the Act, the person who supervises the taking of the sample must be of the same gender as the person providing the urine sample; (b) the person providing the sample must wash his or her hands before providing the sample; (c) the person who supervises the taking of the sample must provide the person providing the urine sample with a container for the sample and must be present as the person provides the sample; (d) the person who supervises the taking of the sample must give the person providing the sample up to 2 hours from the time of a request to provide a sample; (e) the person who supervises the taking of the sample must ensure that the person providing the sample is kept separate from other people, except the person supervising the taking of the sample, and is not left alone during the period mentioned in clause (d); (f) once the sample has been provided, the person who supervised the taking of the sample must, in the presence of the person providing the sample: (i) seal the container; (ii) affix a label to the container identifying the sample in a manner that does not disclose the identity of the person providing the sample to the laboratory; and (iii) certify on the label that the container contains the sample provided by that person; (g) the person who supervises the taking of the sample must keep a written record that indicates that the label affixed pursuant to subclause (f)(ii) corresponds to the name of the person providing the sample. 10 Y-3 REG 1 YOUTH JUSTICE ADMINISTRATION, 2019 (5) If a person required to provide a urine sample fails to provide a urine sample and the requirements of subsection (4) have otherwise been met, the person is considered to have failed to comply with the request to provide a sample for urinalysis. 25 Oct 2019 c Y-3 Reg 1 s16. Disposition of items seized 17(1) For the purposes of clause 4-17(4)(a) and subsection 4-17(6) of the Act, an object or substance is forfeited to the Crown in the following manner: (a) in the case of money, the money must be deposited into the general revenue fund; (b) in the case of items, if, in the opinion of the director: (i) the item is of no value, the item may be destroyed; (ii) the item is of a value less than $500, the item may be donated to a charitable organization; (iii) the item is of a value equal to or greater than $500, the item must be sent to the minister responsible for the administration of The Public Works and Services Act. (2) If an object or substance is destroyed pursuant to clause 4-17(4)(b) of the Act, the director shall ensure that: (a) a detailed record is kept of any object or substance destroyed, including a description of the property and the date and manner of destruction; and (b) a copy of the record mentioned in clause (a) is provided to the young person on request. 25 Oct 2019 c Y-3 Reg 1 s17. Procedures on appeal to adjudicator 18(1) For the purposes of subsection 5-6(3) of the Act, on receipt of a notice of appeal, the provincial director shall forward the notice to an appeal adjudicator within one business day after receiving the notice. (2) The appeal adjudicator may consider: (a) the written notice of the youth worker mentioned in subsection 5-2(7) of the Act; (b) the review of the supervisor conducted pursuant to section 5-3 of the Act; (c) the decision of the provincial director mentioned in section 5-4 of the Act, if applicable; (d) any oral or written representations that the appeal adjudicator determines to be relevant; and (e) any new evidence the appeal adjudicator determines to be relevant. (3) The appeal adjudicator shall hear and decide the appeal within 5 business days after the date on which the appeal adjudicator received the notice of appeal. 11 YOUTH JUSTICE ADMINISTRATION, 2019 Y-3 REG 1 (4) If, due to exceptional circumstances, the appeal cannot be heard within the period mentioned in subsection (3), the young person shall be advised of the reasons for the delay and the matter shall be dealt with as soon as is reasonably practicable. (5) The appeal adjudicator shall provide the provincial director and the young person with written notice of the decision, including the reasons for the decision. 25 Oct 2019 c Y-3 Reg 1 s18. Complaints by young persons 19(1) If a director receives a complaint pursuant to section 7-1 of the Act, the director shall ensure that all reasonable efforts are made to resolve the complaint informally. (2) If the complaint is not resolved pursuant to subsection (1), the director shall make a decision with respect to the complaint. (3) In the course of making a decision, the director shall review any relevant documents and materials and may conduct any investigation or inquiry or hold any hearing that the director considers appropriate. (4) The director shall make a decision with respect to the complaint and give the young person written notice of the decision, including the reasons for the decision and notice that the decision may be appealed in accordance with section 20, within 5 business days after the date on which the director received the complaint. (5) If due to exceptional circumstances the director is unable to make a decision within the period mentioned in subsection (4), the director shall provide the young person with an update regarding the status of the complaint at least once every 5 business days until a decision is made. 25 Oct 2019 c Y-3 Reg 1 s19. Appeals by young persons 20(1) On appeal pursuant to section 7-2 of the Act, the provincial director shall give the young person an opportunity to make representations either in writing or by oral recording. (2) In determining an appeal pursuant to section 7-2 of the Act, the provincial director: (a) shall review any relevant documents and materials; (b) shall consider any representations made by the young person pursuant to subsection (1); and (c) may conduct any investigation or inquiry or hold any hearing that the provincial director considers appropriate. (3) The provincial director shall decide the appeal and give the young person written notice of the decision, including written reasons for the decision, within 5 business days after the date on which the provincial director received the notice of appeal. 12 Y-3 REG 1 YOUTH JUSTICE ADMINISTRATION, 2019 (4) If due to exceptional circumstances the provincial director is unable to make a decision within the period mentioned in subsection (3), the provincial director shall provide the young person with an update regarding the status of the appeal at least once every 5 business days until a decision is made. 25 Oct 2019 c Y-3 Reg 1 s20. Disciplinary infractions 21 A young person commits a disciplinary infraction if the young person does any of the following: (a) disobeys a direction of a youth worker; (b) enters an area of the custody facility in which the young person is not authorized to be without the permission of a youth worker; (c) enters a living unit or room that is not assigned to the young person without the permission of a youth worker; (d) wilfully or recklessly damages or destroys property that is not the property of the young person; (e) steals property or possesses stolen property; (f) possesses property that is not the property of the young person, without the permission of a youth worker; (g) provides or sells contraband to another young person; (h) behaves in an insulting or an abusive manner towards a person; (i) behaves in a manner towards a person that: (i) threatens or demeans the person or violates that person’s dignity; or (ii) shows hatred or contempt for the person based on the person’s race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation, age or gender identity; (j) engages in an indecent act; (k) engages in horseplay or roughhousing; (l) physically fights with another person; (m) assaults or threatens another person; (n) takes an intoxicant into the young person’s body; (o) uses, without prior authorization, any products produced from tobacco in any form or for any use; 13 YOUTH JUSTICE ADMINISTRATION, 2019 Y-3 REG 1 (p) obstructs a youth worker in the execution of the youth worker’s duties; (q) creates or participates in: (i) a disturbance; or (ii) any other activity that threatens or is likely to threaten the management, operation, discipline or security of, or the safety of any person in, the custody facility; (r) does anything for the purpose of escaping custody; (s) offers, gives or accepts a bribe; (t) gambles; (u) gives to or accepts from another young person money or other property without permission of a youth worker; (v) engages in activity that promotes or encourages the creation, status or activities of a gang, including the display of an item or symbol or the use of a signal associated with a gang; (w) makes a communication that: (i) is indecent, threatening or abusive; (ii) contravenes a court order; (iii) a youth worker has prohibited the young person from making; or (iv) counsels, aids or abets a person to commit an offence; (x) provides a false or misleading statement to a youth worker; (y) possesses or attempts to obtain contraband; (z) fails to comply with a demand or direction to provide a sample for a urinalysis pursuant to section 16; (aa) attempts to do, assists another person to do or attempts to assist another person in doing anything mentioned in clauses (a) to (z). 25 Oct 2019 c Y-3 Reg 1 s21. Report by youth worker re disciplinary infraction 22 A written report that a youth worker files with the director pursuant to subsection 8-2(2) of the Act must include statements respecting: (a) the disciplinary infraction that has been committed; (b) the circumstances surrounding the disciplinary infraction; and (c) the action taken, if any, pursuant to subclause 8-2(1)(a)(i) of the Act. 25 Oct 2019 c Y-3 Reg 1 s22. 14 Y-3 REG 1 YOUTH JUSTICE ADMINISTRATION, 2019 Remote monitoring systems 23(1) For the purposes of section 10-1 of the Act, the provincial director may authorize the use of a remote monitoring system if the remote monitoring system is to be used in a manner that balances the interest of protecting an individual’s privacy with the need to protect public safety. (2) The provincial director may authorize the use of a remote monitoring system: (a) in vehicles used for the purpose of transporting young persons; (b) in rooms used for holding young persons if the provincial director believes on reasonable grounds that monitoring in a room is required for the safety of any person or the security of the custody facility; or (c) to monitor a young person’s activities in the community, as those activities pertain to the completion of a community or custodial supervision order. 25 Oct 2019 c Y-3 Reg 1 s23. RRS c Y‑2 Reg 1 repealed 24 The Youth Justice Administration Regulations are repealed. 25 Oct 2019 c Y-3 Reg 1 s24. Coming into force 25(1) Subject to subsection (2), these regulations come into force on the day on which section 1 of The Youth Justice Administration Act, 2019 comes into force. (2) If these regulations are filed with the Registrar of Regulations after the day on which section 1 of The Youth Justice Administration Act, 2019 comes into force, these regulations come into force on the day on which they are filed with the Registrar of Regulations. 25 Oct 2019 c Y-3 Reg 1 s25. REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©2019