S-40.1, r. 1 - Regulation under the Act respecting the Québec correctional system

Section 71 Disposition versions

2012-09-01

71. The following rules apply to the discipline committee established in a correctional facility pursuant to section 40 of the Act:

(1)  each offence must be examined in a fair and impartial manner;

(2)  if a member of the discipline committee has been involved in an offence, the member may not sit on the discipline committee that is to examine the offence and the facility director designates another person to replace the member;

(3)  the discipline committee examines on a priority basis the situation of an inmate who is the subject of temporary measures;

(4)  if the inmate refuses to appear before the discipline committee, the committee proceeds as usual, except for what cannot be done in the absence of the inmate; and

(5)  if the members of the committee cannot reach a unanimous decision, a new sitting is held before a committee composed of 2 new members appointed by the facility director. The new sitting must be held within 16 working hours after the facility director has been informed that a decision cannot be reached. In the case of disagreement, the decision is made by the member to whom the facility director has given a casting vote.

O.C. 5-2007, s. 71.