34. Before imposing a sanction described in section 44 of the Act, the person conducting a hearing of a disciplinary offence shall consider

the seriousness of the offence and the degree of responsibility the inmate bears for its commission;

the least restrictive measure that would be appropriate in the circumstances;

all relevant aggravating and mitigating circumstances, including the inmate's behaviour in the penitentiary;

the sanctions that have been imposed on other inmates for similar disciplinary offences committed in similar circumstances;

the nature and duration of any other sanction described in section 44 of the Act that has been imposed on the inmate, to ensure that the combination of the sanctions is not excessive;

any measures taken by the Service in connection with the offence before the disposition of the disciplinary charge; and

any recommendations respecting the appropriate sanction made during the hearing.

35. (1) The maximum number of days of privileges that may be lost by an inmate pursuant to paragraph 44(1) (b) of the Act is

seven days, for a minor disciplinary offence; and

30 days, for a serious disciplinary offence.

    (2) A senior independent chairperson shall

shall be limited to a loss of access to activities that are recreational in nature; and

shall not be imposed where the loss of privileges would be contrary to the inmate's correctional plan.

36. (1) The maximum amount of restitution that may be ordered to an inmate pursuant to paragraph 44(1) (c) of the Act is

$50, for a minor disciplinary offence; and

$500, for a serious disciplinary offence.

    (2) An order to make restitution is limited to monetary restitution for the ascertained value of any loss of, or damage to, property that results from the commission of the disciplinary offence.

37. (1) The maximum fine that may be ordered pursuant to paragraph 44(1) (d) of the Act is

$25, for a minor disciplinary offence; and

$50, for a serious disciplinary offence.

38. (1) A sanction of restitution or of a fine shall not be imposed pursuant to subsection 44(1) of the Act unless the inmate's financial means have been considered, and where a sanction of restitution or of a fine would both be appropriate sanctions and the limited means of the inmate make it possible to impose only one of those sanctions, the sanction of restitution shall be imposed

    (2) A sanction of restitution or of a fine imposed pursuant to subsection 44(1) of the Act may allow time for payment and may provide for periodic partial payments.

    (3) A sanction of restitution or of a fine shall be recovered by deductions from an inmate's net approved earnings.

39. (1) The maximum number of hours of extra duties that may be rd red pursuant to paragraph 44(1) (e) of the Act is

10 hours, for a minor disciplinary offence; and

30 hours, for a serious disciplinary offence.

    (2) Where the sanctions of segregation referred to in subsection (1) re to be served consecutively, the total period of segregation imposed by ho e sanctions shall not exceed 45 days.

    (3) An inmate who is serving a period of segregation as a sanction for disciplinary offence shall be accorded the same conditions of confinement should be accorded to an inmate in administrative segregation.

40. (1) Subject to subsection (2), where an inmate is ordered to serve a period of segregation pursuant to paragraph 44(1) (f) of the Act while subject 0 a sanction of segregation for another serious disciplinary offence, the order hall specify whether the two periods of segregation are to be served concurrently or consecutively.

    (2) Where the sanctions of segregation referred to in subsection (1) re to be served consecutively, the total period of segregation imposed by ho e sanctions shall not exceed 45 days.

    (3) An inmate who is serving a period of segregation as a sanction for disciplinary offence shall be accorded the same conditions of confinement should be accorded to an inmate in administrative segregation.

41. (1) Where an inmate is found guilty of a disciplinary offence, the carrying out of the sanction may be suspended

in the case of a minor disciplinary offence, by the institutional head or a staff member designated by the institutional head, subject to the condition that the inmate is not found guilty of another disciplinary offence committed during a specific period fixed by the institutional head or staff member, which period shall not be longer than 21 days after the date of imposition of the sanction; and

in the case of a serious disciplinary offence, by the independent chairperson, subject to the condition that the inmate is not found guilty of another serious disciplinary offence committed during a period fixed by the independent chairperson, which period shall not be longer than 90 days after the date of imposition of the sanction.

    (2) Where an inmate no longer meets a condition referred to in sub- e ion (1), the inmate shall carry out the sanction that was suspended.

    (3) The institutional head may, on humanitarian grounds or for rehabilitative e purposes, cancel a sanction imposed pursuant to section 44 of the Act.

Corresponding Act: Sections 38 - 44 Discipline