Mentally Ill or Diseased Inmates

MENTALLY ILL OR
DISEASED INMATES

22. (1) Mentally ill inmates - The Minister may, with the approval of the Governor in Council, enter into an agreement with the government of any province to provide for the custody, in a mental hospital or other appropriate institution operated by the province, of persons who, having been sentenced or committed to penitentiary, are found to be mentally ill or mentally defective during confinement in penitentiary.
(2) Idem - Where no agreement has been made under subsection (1) between the Minister and the government of any province from which a mentally ill or mentally defective person is sentenced or committed to penitentiary, the member in charge of the penitentiary may, on the advice of the penitentiary physician or psychiatrist, refuse to accept custody of that person under the sentence or committal or, if custody of that person has been accepted, may, under the authority of a written direction by the Commissioner, return that person to the prison or other place of confinement from which that person was received.
(3) Diseased inmates - The Minister may, with the approval of the Governor in Council, enter into an agreement with the government of any province to provide for the custody, in penitentiary hospitals, of persons who, having been sentenced or committed to a provincial prison, are found to be suffering from any dangerous, contagious or infectious disease during the sentence.
(4) Deeming - A person who, pursuant to subsection (1), is confined in a provincial hospital or other institution shall, during the term of his confinement therein, be deemed to be confined in a penitentiary.
(5) Idem - A person who, pursuant to subsection (3), is confined in a penitentiary hospital shall, during the term of his confinement therein, be deemed to be confined in a provincial prison. [RSC 1970 cP-6 s19; RSC 1985 c35 (2nd Supp) s18]

23. Discharge of diseased inmates - Where, on the day appointed for the lawful discharge of an inmate from a penitentiary, the inmate is found to be suffering from a disease that is dangerous, contagious or infectious, the inmate shall be detained in the penitentiary until such time as the member in charge has made appropriate arrangements for the treatment of the inmate in an appropriate provincial institution or until the inmate is cured, whichever is the earlier. [RSC 1970 cpo6 s20; RSC 1985 c35 (2nd Supp) s18]
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