HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Correction Act

1 Section 1 of the Correction Act, S.B.C. 2004, c. 46, is amended by adding the following definition:

"separate confinement or segregation" means, subject to section 11.3, any type of custody where an inmate's association with other persons is significantly restricted for, unless a shorter period is prescribed, a period or periods that total 20 or more hours in one 24-hour period; .

2 The following Division is added to Part 2:

Division 2.1 – Separate Confinement or Segregation of Inmates

Prohibition

11.1 An inmate must not be held in separate confinement or segregation if the inmate, as determined in accordance with the regulations,

(a) is pregnant or has given birth within the prescribed period,

(b) is endangering or is likely to endanger oneself,

(c) has a prescribed disability or condition, or

(d) requires medical observation.

Limit

11.2 An inmate must not be held in separate confinement or segregation

(a) for more than three consecutive 24-hour periods, or

(b) for periods that total more than 3 days in a 180-day period.

Circumstances that do not constitute separate confinement or segregation

11.3 An inmate is not considered to be held in separate confinement or segregation if

(a) the inmate is held under conditions in a correctional centre that would, but for this section, constitute separate confinement or segregation, and

(b) the inmate is held under those conditions because, due to an imminent and serious activity or safety concern, or because a medical quarantine has been imposed, all or part of the correctional centre is temporarily locked down

(i) by confining inmates at the correctional centre or those inmates who reside in that part, as the case may be, to inmates' cells, and

(ii) by restricting entry to the correctional centre or that part, as the case may be, to authorized persons.

Minimum standards for separate confinement or segregation

11.4 (1) An inmate held in separate confinement or segregation must be given the opportunity for at least 4 hours per day out of the inmate's cell, including the opportunity for a daily exercise period of at least one hour that is in the open air if weather and security considerations allow.

(2) An inmate held in separate confinement or segregation must be housed in a cell that

(a) has a window or opening that permits meaningful contact or face-to-face speech with another person, and

(b) provides natural light during the day and darkness at night.

Annual reporting

11.5 (1) In each year, the provincial director must prepare and publish a report in respect of the preceding calendar year that includes data on the number of inmates who have been held in separate confinement or segregation for each of the periods permitted under this Act by

(a) gender, and

(b) race or ethnic group, including self-identified Indigenous and Black.

(2) The provincial director must collect, use, and disclose the data referred to in subsection (1) in a culturally safe manner.

3 Section 33 (2) is amended

(a) by repealing paragraph (d), and

(b) by adding the following paragraphs:

(d.1) prescribing shorter periods for the purposes of the definition of "separate confinement or segregation" in section 1;

(d.2) respecting how a determination is to be made that an inmate falls into an exception set out in section 11.1 (a) to (d) [prohibition];

(d.3) prescribing periods for the purposes of section 11.1 (a);

(d.4) prescribing disabilities and conditions for the purposes of section 11.1 (c); .

Youth Justice Act

4 Section 1 of the Youth Justice Act, S.B.C. 2003, c. 85, is amended by adding the following definition:

"separate confinement" means, subject to section 32.8, any type of custody where a youth is confined separately from other youths in a youth custody centre; .

5 The following Division is added to Part 4:

Division 1.2 – Separate Confinement

Prohibition

32.6 A youth must not be held in separate confinement if the youth, as determined in accordance with the regulations,

(a) is pregnant or has given birth within the prescribed period,

(b) is endangering or is likely to endanger oneself,

(c) has a prescribed disability or condition, or

(d) requires medical observation.

Limit

32.7 A youth must not be held in separate confinement for, unless a shorter period is prescribed,

(a) a period or periods that total 8 or more hours in one 24-hour period,

(b) periods that total more than 24 hours over three consecutive 24-hour periods, or

(c) periods that total more than 3 days in a 180-day period.

Circumstances that do not constitute separate confinement

32.8 A youth is not considered to be held in separate confinement if

(a) the youth is held under conditions in a youth custody centre that would, but for this section, constitute separate confinement, and

(b) the youth is held under those conditions because, due to an imminent and serious activity or safety concern, or because a medical quarantine has been imposed, all or part of the youth custody centre is temporarily locked down

(i) by confining youth at the youth custody centre or those youths who reside in that part, as the case may be, to the youths' rooms, and

(ii) by restricting entry to the youth custody centre or that part, as the case may be, to authorized persons.

Minimum standards for separate confinement

32.9 (1) A youth held in separate confinement must be given the opportunity for at least 4 hours per day out of the youth's room, including the opportunity for a daily exercise period of at least one hour that is in the open air if weather and security considerations allow.

(2) A youth held in separate confinement must be housed in a room that

(a) has a window or opening that permits meaningful contact or face-to-face speech with another person, and

(b) provides natural light during the day and darkness at night.

Annual reporting

32.10 (1) In each year, the provincial director must prepare and publish a report in respect of the preceding calendar year that includes data on the number of youths who have been held in separate confinement for each of the periods permitted under this Act by

(a) gender, and

(b) race or ethnic group, including self-identified Indigenous and Black.

(2) The provincial director must collect, use, and disclose the data referred to in subsection (1) in a culturally safe manner.

6 Section 44 (2) is amended

(a) by repealing paragraph (j), and

(b) by adding the following paragraphs:

(j.1) respecting how a determination is to be made that a youth falls into an exception set out in section 32.6 (a) to (d) [prohibition];

(j.2) prescribing periods for the purposes of section 32.6 (a);

(d.3) prescribing disabilities and conditions for the purposes of section 32.6 (c);

(d.4) prescribing shorter periods for the purposes of section 32.7; .

Commencement

7 This Act comes into force on the date that is 180 days after the date of Royal Assent.

Explanatory Notes

CLAUSE 1: [Correction Act, section 1] adds a definition of "separate confinement or segregation".

CLAUSE 2: [Correction Act, Division 2.1] adds prohibitions and limits in respect of the separate confinement or segregation of inmates.

CLAUSE 3: [Correction Act, section 33] is consequential to the addition by this Bill of Division 2.1 of the Act.

CLAUSE 4: [Youth Justice Act, section 1] adds a definition of "separate confinement".

CLAUSE 5: [Youth Justice Act, Division 1.2] adds prohibitions and limits in respect of the separate confinement of youth.

CLAUSE 6: [Youth Justice Act, section 44] is consequential to the addition by this Bill of Division 1.2 of the Act.