Section 85 — Youth Criminal Justice Act: Levels of custody

In the youth custody and supervision system in each province there must be at least two levels of custody for young persons distinguished by the degree of restraint of the young persons in them. Every youth custody facility in a province that contains one or more levels of custody shall be designated by in the case of a youth custody facility with only one level of custody, being the level of custody with the least degree of restraint of the young persons in it, the lieutenant governor in council or his or her delegate;

and in any other case, the lieutenant governor in council. The provincial director shall, when a young person is committed to custody under paragraph 42(2)(n), (o), (q) or (r) or an order is made under subsection 98(3), paragraph 103(2)(b), subsection 104(1) or paragraph 109(2)(b), determine the level of custody appropriate for the young person, after having taken into account the factors set out in subsection (5). The provincial director may determine a different level of custody for the young person when the provincial director is satisfied that the needs of the young person and the interests of society would be better served by doing so, after having taken into account the factors set out in subsection (5). The factors referred to in subsections (3) and (4) are that the appropriate level of custody for the young person is the one that is the least restrictive to the young person, having regard to the seriousness of the offence in respect of which the young person was committed to custody and the circumstances in which that offence was committed, the needs and circumstances of the young person, including proximity to family, school, employment and support services, the safety of other young persons in custody, and the interests of society; that the level of custody should allow for the best possible match of programs to the young person’s needs and behaviour, having regard to the findings of any assessment in respect of the young person; and the likelihood of escape. After the provincial director has determined the appropriate level of custody for the young person under subsection (3) or (4), the young person shall be placed in the youth custody facility that contains that level of custody specified by the provincial director. The provincial director shall cause a notice in writing of a determination under subsection (3) or (4) to be given to the young person and a parent of the young person and set out in that notice the reasons for it.