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REVIEW OF
DETENTION DECISIONS

52. (1) Review of Detention Decisions - A young person may apply to the Board for a review of,
 (a)
 repealed
 (b)
 the particular place where the young person is held or to which the young person has been transferred; or
 (c)
 a provincial director's refusal to authorize the young person's temporary release under section 35 of the Young Offenders Act (Canada),
within thirty days of the decision, placement or transfer, as the case may be. R.S.O. 1990, c. M.22, s. 52 (1).
     (2) Duty of Board - The Board shall conduct a review with respect to an application made under subsection (1) and may do so by holding a hearing. R.S.O. 1990, c. M.22, s. 52 (2).
     (3) Idem - The Board shall advise the young person whether it intends to hold a hearing or not within ten days of receiving the young person's application. R.S.O. 1990, c. M.22, s. 52 (3).
     (4) Idem - The Board shall complete its review and make a determination within thirty days of receiving a young person's application, unless,
 (a)
 the Board holds a hearing with respect to the application; and
 (b)
 the young person and the provincial director whose decision is being reviewed consent to a longer period for the Board's determination. R.S.O. 1990, c. M.22, s. 52 (4).
     (5) Board's Recommendations - After conducting a review under subsection (2), the Board may,
 (a)
 recommend to the provincial director,
 
 (i)
 repealed
 
 (ii)
 where the Board is of the opinion that the place where the young person is held or to which the young person has been transferred is not appropriate to meet the young person's needs, that the young person be transferred to another place, or
 
 (iii)
 that the young person's temporary release be authorized under section 35 of the federal Act; or
 (b)
 confirm the decision, placement or transfer. R.S.O. 1990, c. M.22, s. 52 (5).
     (6) Provincial Director's Decision - The provincial director shall consider a recommendation made by the Board under clause (5) (a), but is not bound by the recommendation, and shall advise the young person and the Board in writing of his or her decision in respect of the recommendation within 10 days after receiving the recommendation.
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