BACK PREVIOUS SECTION NEXT SECTION BACK PREVIOUS SECTION NEXT SECTION | 31.1 (1) Subject to subsection (2), sections 28 and 31 do not apply to an inmate | ||
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(a)
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who is terminally ill | |
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(b)
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whose physical or mental health is likely to suffer serious damage if the inmate continues to be held in confinement; | |
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(c)
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for whom the penalty constitutes an excessive hardship that was not reasonably foreseeable at the time the inmate was sentenced; | |
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(d)
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who has completed a program recommended by the sentencing court or has satisfied specific objectives of the sentence expressly stated by the sentencing court; or | |
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(e)
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who is the subject of a deportation order under the Immigration Act, an order to be surrendered under the Extradition Act or an order for return under the Fugitive Offenders Act, where the order requires that the inmate be detained until deported, surrendered, or returned, as the case may be. [SOR/91-563] | |
| (2) Subsection (1) does not apply to | ||
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(a)
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an inmate serving a sentence of life imprisonment as a minimum punishment; | |
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(b)
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an inmate in respect of whom a sentence of death has been commuted to life imprisonment; and | |
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(c)
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an inmate who has been sentenced to detention in a penitentiary for an indeterminate period. | |
| [SOR/79-88; SOR/86-817; SOR/91-563] | ||
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