Intensive Rehabilitative Custody and Supervision Orders
| This page was last substantively updated or reviewed January 2020. (Rev. # 99584) |
General Principles
Section 42(2)(r) permits the court to order an Intensive Rehabilitative Custody and Supervision Order (IRCS Order).
42 [omitted (1)]
- Youth sentence
(2) When a youth justice court finds a young person guilty of an offence and is imposing a youth sentence, the court shall, subject to this section, impose any one of the following sanctions or any number of them that are not inconsistent with each other and, if the offence is first degree murder or second degree murder within the meaning of section 231 of the Criminal Code [classification of murder], the court shall impose a sanction set out in paragraph (q) or subparagraph (r)(ii) or (iii) and may impose any other of the sanctions set out in this subsection that the court considers appropriate:
[omitted (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (o), (p) and (q)]
- (r) subject to subsection (7), make an intensive rehabilitative custody and supervision order in respect of the young person
- (i) that is for a specified period that must not exceed
- (A) two years from the date of committal, or
- (B) if the young person is found guilty of an offence for which the punishment provided by the Criminal Code or any other Act of Parliament is imprisonment for life, three years from the date of committal, and that orders the young person to be committed into a continuous period of intensive rehabilitative custody for the first portion of the sentence and, subject to subsection 104(1) (continuation of custody), to serve the remainder under conditional supervision in the community in accordance with section 105 [conditional supervision],
- (ii) that is for a specified period that must not exceed, in the case of first degree murder, ten years from the date of committal, comprising
- (A) a committal to intensive rehabilitative custody, to be served continuously, for a period that must not exceed six years from the date of committal, and
- (B) subject to subsection 104(1) (continuation of custody), a placement under conditional supervision to be served in the community in accordance with section 105 [conditional supervision], and
- (iii) that is for a specified period that must not exceed, in the case of second degree murder, seven years from the date of committal, comprising
- (A) a committal to intensive rehabilitative custody, to be served continuously, for a period that must not exceed four years from the date of committal, and
- (B) subject to subsection 104(1) (continuation of custody), a placement under conditional supervision to be served in the community in accordance with section 105 [conditional supervision]; and
- [omitted (s)]
[omitted (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16) and (17)]
2002, c. 1, s. 42; 2012, c. 1, s. 174; 2019, c. 25, s. 373.
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Section 42(7)(a) sets the prerequisites for a IRCS order:
42
[omitted (1), (2), (3), (4), (5) and (6)]
- Intensive rehabilitative custody and supervision order
(7) A youth justice court may make an intensive rehabilitative custody and supervision order under paragraph (2)(r) [youth sentences – intensive rehabilitative custody and supervision order] in respect of a young person only if
- (a) either
- (i) the young person has been found guilty of a serious violent offence, or
- (ii) the young person has been found guilty of an offence, in the commission of which the young person caused or attempted to cause serious bodily harm and for which an adult is liable to imprisonment for a term of more than two years, and the young person had previously been found guilty at least twice of such an offence;
- (b) the young person is suffering from a mental illness or disorder, a psychological disorder or an emotional disturbance;
- (c) a plan of treatment and intensive supervision has been developed for the young person, and there are reasonable grounds to believe that the plan might reduce the risk of the young person repeating the offence or committing a serious violent offence; and
- (d) the provincial director has determined that an intensive rehabilitative custody and supervision program is available and that the young person’s participation in the program is appropriate.
[omitted (8), (9) and (10), (11), (12), (13), (14), (15), (16) and (17)]
2002, c. 1, s. 42; 2012, c. 1, s. 174; 2019, c. 25, s. 373.