Definitions
In this regulation:
Act means the Youth Justice Act;
privileged person means
the Representative for Children and Youth or the Representative's delegate, for the purpose of exercising a power or performing a function or duty under the Representative for Children and Youth Act,
a director under the Child, Family and Community Services Act,
a justice or a peace officer on duty,
a member of Parliament or of the Legislative Assembly,
the Ombudsperson,
a provincial director, a person conducting an inspection under section 37 of the Act or a person conducting an investigation under section 38 of the Act,
a youth's lawyer, or a lawyer from a jurisdiction other than British Columbia who is able to satisfy the person in charge that the lawyer is qualified to practise law in that jurisdiction and is a lawyer representing the youth in respect of a legal matter in that jurisdiction, and
if a youth is detained or subject to a warrant for arrest and detention under the Immigration and Refugee Protection Act (Canada), a person designated as an officer under that Act;
rule of conduct means a rule established under section 2 (2) (b);
visitor means, in relation to a youth custody centre, any person other than a staff member or youth at the youth custody centre;
youth means a young person in custody at a youth custody centre.
In the Act and this regulation, intoxicant means a substance that, if taken into the body, has the potential to impair or alter judgment, behaviour or the capacity to recognize reality or to meet the ordinary demands of life, but does not include caffeine, nicotine or any authorized medication used in accordance with the directions given by a staff member or a medical practitioner.
Overall Responsibility of Persons in Charge
The person in charge of a youth custody centre is responsible for managing and operating the youth custody centre in a manner that
provides and maintains order, discipline and security in the youth custody centre,
protects the safety of persons in the youth custody centre,
promotes the rehabilitation of youth and their reintegration into the community, and
supports the emotional and personal development of youth.
For the purposes of subsection (1), the person in charge
must act in accordance with any directives of the provincial director in carrying out responsibilities under that subsection, and
may establish written rules governing the conduct of youth that the person in charge considers necessary or advisable.
A rule of conduct under subsection (2) (b) does not become effective unless approved by the provincial director.
Youth Custody Programs
The person in charge of a youth custody centre must, as far as practicable, establish programs for youth, including programs designed to assist youth in the following:
improving their training or education;
reducing the risk they present to the community;
their rehabilitation and their reintegration into the community.
A youth must participate in a program as directed by the person in charge unless
the youth is excused by a staff member or medical practitioner,
the program is a religious program and the youth does not choose to participate in it, or
the program conflicts with a recognized day of religious observance of the religious faith that the youth practices.
Visits
The person in charge of a youth custody centre is responsible for providing
a place within the youth custody centre for visits between youth and visitors, and
a schedule of the hours and days during which those visits are allowed.
Subject to this section, visits between youth and visitors are permitted in places provided under subsection (1) (a) and in accordance with schedules provided under subsection (1) (b).
If the person in charge of a youth custody centre considers it necessary or advisable for the management, operation or security of or safety of persons in the youth custody centre, the person in charge may do the following in respect of a visit between a youth and a person other than a privileged person:
prohibit the person from visiting with the youth;
order the suspension, termination or cancellation of the visit;
order that the visit be supervised;
place restrictions on or make allowances for the nature, timing, frequency, length or location of the visit.
For purposes of subsection (3) (a) and (b), the person in charge may order the removal of a person from the youth custody centre or any part of it.
If the person in charge of a youth custody centre believes on reasonable grounds that a visit between a youth and a privileged person would the person in charge may do the following:
jeopardize the security of the youth custody centre or the safety of any person, or
result in the commission of an offence under an enactment of British Columbia or Canada,
place restrictions on or make allowances for the nature, timing, frequency, length or location of the visit, as the person in charge considers necessary to control the risk;
if the person in charge believes that restrictions under paragraph (c) would not be adequate to control the risk, order the suspension, termination or cancellation of the visit.
A person who fails to comply with a prohibition or order under section 4 (3) or (4) commits an offence.
Communication
In this Part:
privileged communication means communication between a youth and a privileged person;
youth communication means communication by mail, telephone or other electronic means between a youth and another person, other than a privileged person.
In the Act and this section, monitor means
to listen to a youth communication that is made by telephone or other electronic means or to a youth communication that was made by telephone or other electronic means and recorded, or
to read youth communication delivered to the youth custody centre or sent from within the youth custody centre.
Youth communication by telephone or other electronic means may be recorded.
Youth communication by telephone or other electronic means may be monitored by an authorized person if the authorized person has reasonable grounds to believe that
the youth is
involved in illegal activities,
harassing or causing harm to others, or
participating in an activity that may threaten the management, operation or security of the youth custody centre or the safety of any person, or
the monitoring is necessary to maintain or repair the recording system and the monitoring is performed only for the length of time and to the extent that is necessary to effect the maintenance or repair.
Youth communication by mail may be intercepted and examined by an authorized person to determine if the mail contains contraband.
Youth communication by mail may be monitored or recorded by an authorized person if the authorized person has reasonable grounds to believe that the youth is
involved in illegal activities,
harassing or causing harm to others, or
participating in an activity that may threaten the management, operation or security of the youth custody centre or the safety of any person.
A recording of a youth communication made under section 7 (2) or (5) may be retained for a period not longer than 30 days, unless there are reasonable grounds to believe that the youth is
involved in illegal activities,
harassing or causing harm to others, or
participating in an activity that may threaten the management, operation or security of the youth custody centre or the safety of any person.
Repealed. [B.C. Reg. 220/2009, s. (b).]
If the person in charge of a youth custody centre considers it necessary or advisable for the management, operation or security of, or safety of persons in, the youth custody centre, the person in charge may
restrict youth communication to persons specified by the person in charge, and
restrict the frequency and timing of youth communication.
Behaviour Support and Management
A youth commits an infraction if the youth does any of the following:
disobeys a direction of a staff member;
enters an area of the youth custody centre in which the youth is not authorized to be without permission of a staff member;
enters a living unit or room that is not assigned to the youth without permission of a staff member;
wilfully or recklessly damages or destroys property that is not property of the youth;
steals or possesses stolen property;
possesses property that is not property of the youth, without permission of a staff member;
gives or sells contraband to another youth;
behaves in an insulting or abusive manner toward a person;
behaves in a manner toward another person that
threatens or demeans the person or violates that person's dignity, or
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 or age;
engages in an indecent act;
engages in horseplay or roughhousing;
physically fights with another person;
assaults or threatens another person;
takes an intoxicant into the youth's body;
uses a tobacco product;
obstructs a staff member in the execution of the staff member's duties;
creates or participates in
a disturbance, or
any other activity that threatens or is likely to threaten the management, operation or security of, or the safety of any person in, the youth custody centre;
does anything for the purpose of escaping;
offers, gives or accepts a bribe;
gambles;
gives to or accepts from another youth money or other property without permission of a staff member;
wilfully disobeys a rule of conduct;
provides a false or misleading statement to a staff member;
possesses or attempts to obtain contraband;
If a staff member believes on reasonable grounds that a youth is committing or has committed an infraction, the staff member must do the following:
if the circumstances allow,
stop the infraction from occurring, or
give the youth an opportunity to do any of the following:
stop the infraction from occurring;
make a positive change in the youth's behaviour;
apologize, orally or in writing, to a person affected by the youth's behaviour;
inform the youth
of the infraction committed, and
of the reasons why the youth's behaviour constitutes an infraction.
If, in the opinion of the staff member referred to in subsection (1), the infraction has not been or cannot be satisfactorily resolved by the actions described in that subsection, the staff member must, as soon as practicable, file a written report with the person in charge of the youth custody centre, setting out
the infraction that is alleged to have been committed,
the circumstances surrounding the infraction, and
the action taken, if any, under subsection (1) (a).
If a youth commits an infraction, the person in charge of the youth custody centre may order one or more of the following consequences:
Repealed. [B.C. Reg. 11/2017, s. 6 (b).]
a reduction in the monetary allowance to which the youth would otherwise be entitled;
full or partial monetary compensation for damage to or loss of property;
temporary or permanent loss of one or more privileges or activities normally available to the youth;
extra work or other tasks, including the repair of damaged property, for a specified period not longer than 2 hours;
placement in a room, locked or unlocked, for a specified period not longer than 2 hours;
transfer of the youth to a different room or living unit in the youth custody centre.
In addition to any consequences ordered under subsection (1), the person in charge may recommend any of the following to the provincial director:
revocation of an authorization made under section 35 (2) [reintegration leave and day absences] of the Act in respect of the youth;
transfer of the youth to a different youth custody centre.
the minimum level of intervention required to effect a positive change in the youth's behaviour,
the need to support the emotional and personal development of the youth,
the need to provide and maintain order and security and to protect the safety of persons in the youth custody centre, and
the need for the consequences to be
meaningful to the particular youth,
fair in the circumstances, and
proportionate to the harm done.
complete a written report that includes the reasons for the decision to order the consequence or make the recommendation, and
submit the report, as soon as practicable, to the person in charge of the youth custody centre who is, under section 12.1, responsible for reviewing the decision.
A decision to order a consequence under section 12 (1) or make a recommendation under section 12 (2)
must be reviewed by the person in charge of a youth custody centre if a youth directly affected by the decision requests a review, or
may be reviewed, in any other case, if the person in charge determines, in the person's discretion, that a review is warranted.
A review under subsection (1) must take place as soon as practicable and, in any event, no more than 72 hours after the decision to order a consequence or make a recommendation has been made.
The person who conducts a review under subsection (1)
may, after considering the matters referred to in section 12 (3) and the views of the youth directly affected by the decision under review,
confirm the decision, or
vary or reverse the decision in whole or in part, and
must, as soon as practicable after the review, provide written reasons for the person's decision on the review to the provincial director and the youth.
Security and Safety Measures
Repealed. [B.C. Reg. 11/2017, s. 8.]
If all other means of dealing with the youth have been exhausted or are not reasonable in the circumstances, a staff member may use reasonable and necessary force to
prevent or discontinue harm to another person,
prevent the commission or continuation of an offence, including the apprehension of a youth at large without lawful excuse, or
overcome resistance or compel compliance necessary for the security of the youth custody centre.
A youth may not be physically restrained for a period longer than is necessary for the reasons specified in subsection (1).
A staff member may use a type of physical restraint device that is approved by the provincial director to restrain a youth if circumstances require use of the physical restraint device to
prevent a youth from escaping,
maintain custody and control of a youth, or
do any of following and all other means of dealing with the youth have been exhausted or are not reasonable in the circumstances:
prevent or discontinue harm to a person,
prevent the commission or continuation of an offence, including the apprehension of a youth at large without lawful excuse, or
overcome resistance or compel compliance necessary for the security of the youth custody centre.
A physical restraint device may not be used to restrain a youth for more than one continuous hour unless
authorized by the person in charge under subsection (3), or
the youth is on an escorted absence from the youth custody centre.
The person in charge of a youth custody centre may authorize the use of a physical restraint device to restrain a youth for more than one continuous hour but, unless subsection (4) applies, for no more than 2 continuous hours, if
the person in charge believes on reasonable grounds that the use of the physical restraint device is necessary for the safety of the youth or for the safety of another person, and
other means of dealing with the youth have been exhausted or are not reasonable in the circumstances.
The person in charge may authorize the use of a physical restraint device to restrain a youth for more than 2 continuous hours with approval from the provincial director.
The person in charge who authorizes the use of a physical restraint device under subsection (4) must review the condition of the youth with the provincial director every 2 hours following the approval of the provincial director while the physical restraint device is being used.
The provincial director may at any time revoke approval under subsection (4).
The person in charge of a youth custody centre may, in accordance with this section, confine a youth separately from other youths in the youth custody centre if
all other means of dealing with the youth have been exhausted or are not reasonable in the circumstances, and
the person believes on reasonable grounds that the youth
is endangering, or is likely to endanger, himself or herself,
is endangering, or is likely to endanger, another person,
is threatening, or is likely to threaten, the management, operation or security of the youth custody centre,
has contraband hidden on or in the youth's body,
has taken an intoxicant into the youth's body,
is at risk of serious harm, or is likely to be at risk of serious harm, if not separately confined, or
must be separately confined for a medical reason.
A youth may be separately confined as follows:
for an initial period of up to 8 hours, by the person in charge of the youth custody centre;
for an additional consecutive period of up to 40 hours, with written approval of a different person in charge;
for a further additional consecutive period, with written approval of the provincial director.
The provincial director's written approval under subsection (2) (c) must be obtained separately for each additional consecutive period of up to 72 hours.
A person must not approve a period of separate confinement
that is longer than necessary to address an applicable concern specified in subsection (1) (b), and
without considering information, if any, provided by the youth.
A staff member must explain to a youth the reasons for the youth's separate confinement
as soon as practicable after the commencement of an initial period of confinement and, in any event, no more than 4 hours into the initial period of confinement, and
as soon as practicable after the commencement of each additional consecutive period of confinement and, in any event, no more than 4 hours into the additional period of confinement.
In this section:
frisk search means a hand search or a search by use of a hand-held screening device, conducted by an authorized person,
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
of any personal possessions, including clothing, that the person may be carrying or wearing;
screening search means a search by an authorized person of a clothed person and any personal possessions, including clothing, that the person may be carrying or wearing, that is conducted visually or with the use of a screening device, including a drug detection dog, ion spectrometry device, CO 2 detector, walk-through or hand-held metal detector or other screening device that is approved by the person in charge.
A search conducted in accordance with section 32.1 (1) or (3), 32.2 (1) or (4) (a), or 32.3 (2) (a) or (4) (a) of the Act may be conducted by a frisk search or a screening search.
In this section, section 18 and the Act, strip search means a visual inspection by an authorized person of a nude person that includes
a visual inspection of the following:
the person undressing completely;
the open mouth, hands or arms of the person;
the soles of the feet and the insides of the ears of the person;
the person running their fingers through their hair, and
Repealed. [B.C. Reg. 11/2017, s. 11.]
the person otherwise enabling the authorized person to perform the visual inspection.
If the circumstances allow, an authorized person must, before conducting a strip search,
inform the person to be strip searched of the reasons for the strip search, and
explain how a strip search is conducted.
A strip search that is conducted by an authorized person must be
observed by one other authorized person,
carried out in as private an area as the circumstances allow, and
carried out as quickly as the circumstances allow.
The authorized person referred to in subsection (3) (a) must be the same gender as the person who is the subject of a strip search unless the person in charge believes on reasonable grounds that the delay that would be necessary in order to comply with this requirement would result in danger to human life or safety.
An authorized person conducting a strip search under any of the following provisions must complete a written report of the search and submit the report to the person in charge as soon as practicable after the search:
section 32.1 (3) [search of young person for contraband or evidence relating to an offence] of the Act;
section 32.2 (4) (a) and (5) [search and detention of visitors] of the Act;
section 32.3 (4) (a) and (5) [search and detention of staff members] of the Act.
Abandoned Property
Unclaimed property abandoned by a youth at a youth custody centre and not claimed by the youth or a parent of the youth within 3 months from the date of the youth's release, transfer or escape from a youth custody centre is forfeited to the government.