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you are here: > Prison Code
> Article 82
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11. General systems and procedures |
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| Article 82-Commision of Inquiry | ||
| 82.1 | Petition for commission of inquiry | |
| A petition for commission of inquiry is the formal process by which a commission of inquiry is requested. |
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| A petition for commission of inquiry requires three formal elements: | ||
| 1. A list of petitioners, their names, their current residence and their signatures |
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| 2. A statement of claim which references the specific articles and or clauses of this code that are alleged to have been breached by one or more corrections officers |
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| 3. A fact sheet which lists the name and current rank of each corrections officer to which the petition relates including a short numbered description of the sequence of events which led to the alleged breach or breaches. |
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| The three formal elements may be provided on standard forms for such purpose or in documented form that complies to the function and purpose of each specific element. |
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| A petition shall not be permitted to be rejected solely on the basis that it was not provided on the standard forms designed for such purpose. |
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| 82.2 | Minimum petitioners for a petition for general commission of inquiry | |
| The minimum petitioners required for a general commission of inquiry shall depend upon the person, or persons making the petition. |
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| Corrections Officer = Minimum of one petitioner | ||
| Public = Minimum of two petitioners | ||
| Prisoners = Minimum of three petitioners | ||
| 82.3 | Minimum petitioners for a full commission of inquiry | |
| The minimum petitioners required for a full commission of inquiry shall depend upon the person, or persons making the petition. |
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| Corrections Officer = Minimum of six petitioners | ||
| Public = Minimum of twelve petitioners | ||
| Prisoners = Minimum of thirty six petitioners | ||
| 82.4 | Legal requirement to pass on a petition for commission of inquiry | |
| All corrections officers are duty bound to pass on a petition for commission of inquiry to the office of Commander of a corrections facility, or the Office of General Secretary of Corrections if the Commander is implicated in the allegation. |
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| Failure to pass on a petition for commission of inquiry within 21 days of receipt of the petition shall be grounds for dismissal of the corrections officer or officers concerned. |
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| However, where a petition involves accusations against either the Captain or the Commander of a Corrections Facility and such petition constitutes sufficient petitioners to represent grounds for a Full Commission of Inquiry, such failure itself shall constitute a serious crime. |
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| 82.5 | False accusations in petition a crime | |
| The making of false accusations in a petition of commission of inquiry shall be considered a crime. | ||
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