Inmate Rights: Changes in the Correctional Services Regulations

The “EC2023-987 Correctional Services Act Regulations Amendment,” approved by the Lieutenant Governor in Council on November 21, 2023, introduces updates to the existing Correctional Services Act Regulations (EC616/92) in Prince Edward Island. This amendment aims to modernize language, clarify procedures, and improve the overall framework governing correctional services.
It begins by revoking and replacing Section 1 to provide updated definitions that are crucial for understanding the regulations. Key terms such as “health care professional,” “program,” and various types of “searches” (e.g., strip search, frisk search) are clarified, including a definition for “segregation area,” which outlines its purpose in security and disciplinary contexts.
Changes to subsection 5(1) improve the protocol for admitting inmates who are unconscious or in need of immediate medical attention, stipulating that these inmates must be examined by a medical practitioner before admission to prioritize their health. Additionally, significant revisions to Section 18 establish clearer guidelines for conducting searches on inmates, especially concerning searches involving officers of the opposite sex. These procedures now require authorization from the officer in charge and must be conducted in the presence of another officer.
Section 22 has been extensively revised to outline clear behavioral expectations for inmates, including prohibitions against refusing assigned duties, using indecent language, possessing contraband, and engaging in disruptive behavior. A notable exception allows inmates who have not been convicted to maintain a clean living area without being required to participate in programs. Moreover, subsection 25(5) has been amended to emphasize the confidentiality of communications between inmates and their legal counsel, mandating that letters from inmates to their lawyers must be sent unopened, thus protecting their legal rights.
Throughout the regulations, the language has been updated to be more inclusive and gender-neutral, replacing outdated terms like “young offender” with “youth” and ensuring consistent and respectful references to individuals. Other sections, such as subsections 24(2), 25, and 29, have also been revised for clarity and precision, which are essential for effective implementation and adherence to the regulations.
By updating language, refining procedures, and ensuring the protection of inmate rights, these regulations contribute to a more effective and compassionate correctional system. The changes are set to come into force on December 2, 2023, marking a new chapter in the governance of correctional practices in the province.
Prince Edward Island (EC2023-987) December 2, 2023