Dual Status Offenders

Legislation

PART XX.1
Mental Disorder
Interpretation
Definitions
672.1 (1) In this Part,
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dual status offender means an offender who is subject to a sentence of imprisonment in respect of one offence and a custodial disposition under paragraph 672.54(c) in respect of another offence; (contrevenant à double statut)
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1991, c. 43, s. 4; 2005, c. 22, s. 1; 2014, c. 6, s. 2.

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"Dual Status" offenders are those who are subject to incarceration while at the same time and being detained by the Review Bard.

Dual Status Offenders
Where court imposes a sentence
672.67 (1) Where a court imposes a sentence of imprisonment on an offender who is, or thereby becomes, a dual status offender, that sentence takes precedence over any prior custodial disposition, pending any placement decision by the Review Board.
Custodial disposition by court
(2) Where a court imposes a custodial disposition on an accused who is, or thereby becomes, a dual status offender, the disposition takes precedence over any prior sentence of imprisonment pending any placement decision by the Review Board.
1991, c. 43, s. 4; 1995, c. 22, s. 10; 2005, c. 22, s. 25.

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The consequence of s. 672.67, is that a sentence made for a criminal offence before a judge or justice will take precedence over any disposition that the Review Board can impose.

Definition of Minister
672.68 (1) In this section and in sections 672.69 and 672.7, Minister means the Minister of Public Safety and Emergency Preparedness or the Minister responsible for correctional services of the province to which a dual status offender may be sent pursuant to a sentence of imprisonment.
Placement decision by Review Board
(2) On application by the Minister or of its own motion, where the Review Board is of the opinion that the place of custody of a dual status offender pursuant to a sentence or custodial disposition made by the court is inappropriate to meet the mental health needs of the offender or to safeguard the well-being of other persons, the Review Board shall, after giving the offender and the Minister reasonable notice, decide whether to place the offender in custody in a hospital or in a prison.
Idem
(3) In making a placement decision, the Review Board shall take into consideration

(a) the need to protect the public from dangerous persons;

(b) the treatment needs of the offender and the availability of suitable treatment resources to address those needs;

(c) whether the offender would consent to or is a suitable candidate for treatment;

(d) any submissions made to the Review Board by the offender or any other party to the proceedings and any assessment report submitted in writing to the Review Board; and

(e) any other factors that the Review Board considers relevant.

Time for making placement decision
(4) The Review Board shall make its placement decision as soon as practicable but not later than thirty days after receiving an application from, or giving notice to, the Minister under subsection (2), unless the Review Board and the Minister agree to a longer period not exceeding sixty days.
Effects of placement decision
(5) Where the offender is detained in a prison pursuant to the placement decision of the Review Board, the Minister is responsible for the supervision and control of the offender.
1991, c. 43, s. 4; 2005, c. 10, s. 34.

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Minister and Review Board entitled to access
672.69 (1) The Minister and the Review Board are entitled to have access to any dual status offender in respect of whom a placement decision has been made, for the purpose of conducting a review of the sentence or disposition imposed.
Review of placement decisions
(2) The Review Board shall hold a hearing as soon as is practicable to review a placement decision, on application by the Minister or the dual status offender who is the subject of the decision, where the Review Board is satisfied that a significant change in circumstances requires it.
Idem
(3) The Review Board may of its own motion hold a hearing to review a placement decision after giving the Minister and the dual status offender who is subject to it reasonable notice.
Minister shall be a party
(4) The Minister shall be a party in any proceedings relating to the placement of a dual status offender.
1991, c. 43, s. 4; 2005, c. 22, s. 42(F).

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Notice of discharge
672.7 (1) Where the Minister or the Review Board intends to discharge a dual status offender from custody, each shall give written notice to the other indicating the time, place and conditions of the discharge.
Warrant of committal
(2) A Review Board that makes a placement decision shall issue a warrant of committal of the accused, which may be in Form 50.
1991, c. 43, s. 4.

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Detention to count as service of term 672.71 (1) Each day of detention of a dual status offender pursuant to a placement decision or a custodial disposition shall be treated as a day of service of the term of imprisonment, and the accused shall be deemed, for all purposes, to be lawfully confined in a prison.
Disposition takes precedence over probation orders
(2) When a dual status offender is convicted or discharged on the conditions set out in a probation order made under section 730 in respect of an offence but is not sentenced to a term of imprisonment, the custodial disposition in respect of the accused comes into force and, notwithstanding subsection 732.2(1), takes precedence over any probation order made in respect of the offence.
1991, c. 43, s. 4; 1995, c. 22, s. 10.

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