Guidelines

Inmate Transfer Processes

PURPOSE

  • To provide clarification and guidance to staff on the different inmate transfer processes and related transfer procedures

APPLICATION

Applies to all staff involved in the inmate transfer process

Procedures

General Transfer Process

  1. All transfers between institutions require a transfer warrant, with the exception of:
    1. the return of an offender from a section 81 Healing Lodge to a federal facility that may be processed with a letter of withdrawal of support from the Director of the Healing Lodge. A transfer warrant must follow as soon as possible
    2. following the capture of an offender who had escaped or who was unlawfully at large
    3. the transfer of an inmate being escorted to court by the Sheriff/Bailiff/Police and who will not be incarcerated in another federal facility prior to his/her return
    4. the transfer of an inmate via a warrant of committal, pursuant to CD 705-7 - Security Classification and Penitentiary Placement.
  2. Transfers under Exchange of Service Agreements with provinces and territories, and transfers to and from facilities under section 81 agreements will be managed according to the provisions of the respective agreements, and the decision-making authority outlined in Annex B.
  3. The inmate has the right to contact by telephone, without delay pursuant to section 97 of the CCRR, his/her lawyer or an individual identified on his/her authorized call list, to advise the lawyer/individual of his/her transfer to another institution. If the inmate is incapable of making the call, staff will facilitate the request.
  4. Inmates will normally not be transferred within two months prior to a scheduled hearing by the Parole Board of Canada (PBC) or a court date. If a transfer is unavoidable, the sending institution will immediately notify the PBC of the transfer and maintain responsibility for the casework in relation to the PBC hearing.
  5. Inmates on high or modified suicide watch will not be transferred to an institution other than a treatment facility unless the attending mental health professional deems the transfer would reduce the risk of suicide (refer to CD 843 - Management of Inmate Self-Injurious and Suicidal Behaviour). The transfer will be effected after a case conference/teleconference is held between the mental health teams of the sending and receiving facilities and is documented.
  6. An exception applies for an inmate requiring high or modified suicide watch or mental health monitoring when an observation status cannot be facilitated at his/her current institution. Under these circumstances, the inmate will be immediately transferred to another institution where the observation status can be facilitated. This will be considered a temporary transfer with a return to the primary institution as soon as possible. A case conference/teleconference between the mental health teams of the sending and receiving facilities will be effected as soon as practicable. Sight and sound observation of the inmate will be maintained during the transport as per CD 566-6 - Security Escorts.
  7. Except in the case of an emergency transfer, inmates on high or modified suicide watch shall not be transferred on Fridays or holidays, including weekends.
  8. Where there is a Victim Notification flag, the Victim Services Unit will be advised of a transfer pursuant to CD 784 - Victim Engagement.
  9. When the transfer is to provide the inmate access to his/her home community, family and/or family support, the institutional Parole Officer/Primary Worker will confirm support pursuant to CD 715-3 - Community Assessments. The result of the report will be recorded in an Assessment for Decision for Transfer.
  10. A transfer will be considered in cases where such a transfer will alleviate the segregated status of an inmate where all alternative options to segregation have been exhausted, including those cases that are within six months of their statutory release or warrant expiry date, regardless of whether or not there is confirmed community support at the receiving destination. In such cases, the Assessment for Decision must provide a detailed account of the alternative options to segregation that were considered.
  11. A transfer will be considered in cases where such a transfer will actualize/operationalize a conditional release. In such cases, the Assessment for Decision must provide a detailed account of the alternative options that were considered (community support, release plan, security concerns).
  12. If a voluntary intra/inter-regional transfer application is denied, a review of any subsequent transfer application(s) is not required more than once every six months, unless supported by the Case Management Team.
  13. Where an inmate is transferred on an involuntary basis, a review of any voluntary transfer application is not required within the first six months following the involuntary transfer, unless supported by the Case Management Team.
  14. If a transfer involves an inmate with a high profile offender flag, the procedures regarding high profile offenders will be followed pursuant to CD 701 - Information Sharing.
  15. The sending institution will ensure that, prior to a transfer, the following documentation is translated, if necessary, into the predominant language of the receiving institution:
    1. the Case Documentation Checklist
    2. the Assessment for Decision and the Offender Intake Assessment reports
    3. the police report(s) for all current offences
    4. the Post-Sentence Community Assessment Report
    5. the Criminal Profile Report
    6. the Correctional Plan
    7. the sentence calculation
    8. relevant security intelligence information
    9. the most recent psychological report and/or mental health assessment
    10. the Health Services Transfer Summary (CSC/SCC 0377-01)
    11. the Finger Print System (FPS) Summary
    12. all trial related reports and documentation
    13. the most recent Correctional Plan Update.
  16. Where time does not permit to translate the documents before the transfer, as in the case of an emergency transfer, translation will be completed immediately following the transfer by the sending institution.
  17. The transfer of inmate's files will be completed in accordance with the Offender Records System User's Guide.
  18. Upon transfer, the receiving institution completes all relevant screenings and assessments relating to suicide and self-injury, pursuant to CD 843 - Management of Inmate Self-Injurious and Suicidal Behaviour and CD 705-3 - Immediate Needs Identification and Admission Interviews.
  19. Refusal or failure to integrate at the receiving institution may result in the inmate's transfer to another institution and/or region.
  20. Refer to Annex B for delegation of authority, timeframes for decision and timeframes for inmate's notification that apply to inter-regional transfers.
  21. The Regional Victim Services Manager will ensure that for all inter-regional transfers, related victim information is transferred to the appropriate Victim Services Unit in the receiving region.

Intra-Regional Transfer

Voluntary Transfer

  1. The Parole Officer/Primary Worker will:
    1. review and discuss the transfer application with the inmate and, if necessary, with other members of the Case Management Team focusing on how the proposed transfer meets the objectives of the Correctional Plan
    2. within five working days of being notified of the request, consult with the receiving institution to discuss the appropriateness of the transfer in situations when the transfer is supported by the Case Management Team or in situations where it is deemed appropriate and/or necessary
    3. where applicable, update the Correctional Plan in consultation with the inmate and complete the Assessment for Decision found in Annex C within 30 days of receipt of the application
    4. notify the inmate of the final transfer decision and associated reasons within 60 days after the submission of the request.
  2. An Assessment for Decision for Transfer, pursuant to Annex C, is not required for:
    1. a transfer to a CSC Treatment Centre for an admission to psychiatric hospital care
    2. a return to a primary institution
    3. a transfer to another institution when there is no change in an inmate's security classification level.
  3. When an Assessment for Decision for Transfer is not required, a CSC Board Review/Decision Sheet will be completed by the Parole Officer/Primary Worker/Manager, Assessment and Interventions/ Correctional Manager and include the following in the recommendation section:
    1. information from the Security Intelligence Officer
    2. comments from the receiving institution
    3. information regarding physical and mental health needs, as well as Aboriginal social history where appropriate
    4. recommendation from the Case Management Team consistent with the objectives identified in the Correctional Plan
    5. a detailed rationale of the reasons for the decision (including consideration of the relevant elements identified under section 28 of the CCRA).
  4. A copy of the Institutional Head's final decision will be provided to the inmate within five working days.

Involuntary Transfer

  1. The Parole Officer will complete the Assessment for Decision pursuant to Annex C.
  2. Pursuant to section 12 of the CCRR, Annex B of these Guidelines and CD 701 - Information Sharing, the Institutional Head or designate will:
    1. meet with the inmate to explain the reasons for the proposed transfer
    2. provide the inmate with a copy of:
      1. the Assessment for Decision
      2. any other information that will be used in the decision-making process
    3. give the inmate written notice of the involuntary transfer recommendation
    4. provide the inmate two working days to respond in person or in writing to the transfer.
  3. The Institutional Head can grant, within one working day of receiving the request, an extension of up to 10 working days. When the inmate responds in person, the response must be documented in a "Casework Record - Rebuttal".
  4. The inmate's rebuttal, a copy of the most recent Correctional Plan Update (if required) and the Assessment for Decision will be forwarded to the appropriate decision maker as indicated in Annex B.
  5. The inmate will be provided with the written notice of the final decision and the associated reasons via the CSC Board Review/Decision Sheet:
    1. at least two days before the transfer, unless the inmate waives the two-day period on the CSC Board Review/Decision Sheet, or
    2. within five working days of the final decision being rendered, if the decision is not to transfer the inmate.
  6. In exceptional circumstances of a missed timeframe for a decision, an addendum to the existing Assessment for Decision will be completed to explain the reason for the delay and expected date for a decision.

Emergency Transfer

  1. For a transfer, pursuant to section 13 of the CCRR, when it is determined that it is necessary to immediately transfer an inmate, a case conference between institutional staff will take place prior to the inmate's transfer or as soon as possible thereafter.
  2. Prior to the transfer, the Institutional Head or designate of the sending institution will meet with the inmate to explain the reasons for the transfer.
  3. Not more than two working days after the transfer, the Institutional Head of the receiving institution or designate will ensure the procedural fairness process is completed with the inmate by:
    1. meeting with the inmate to explain the reasons for the transfer, and pursuant to CD 701 - Information Sharing, providing him/her all documentation that will be used in the decision-making process
    2. advising the inmate of his/her right to legal counsel
    3. providing the inmate two working days to respond to the transfer, in person or in writing. The Institutional Head can grant, within one working day of receiving the request, an extension of up to 10 working days. When the inmate responds in person, the response must be documented in a "Casework Record - Rebuttal".
  4. The inmate's rebuttal, a copy of the most recent Correctional Plan Update (if required) and the Assessment for Decision will be forwarded to the appropriate decision maker as indicated in Annex B.
  5. The inmate will be provided with the written final decision and the associated reasons via the CSC Board Review/Decision Sheet within five working days after the final decision.
  6. In cases where an inmate is transferred for a short period to another facility, pursuant to section 13 of the CCRR, for observation purposes that cannot be met at the home facility, no Assessment for Decision is required. However, the CSC Board Review/Decision Sheet must include the reasons for the transfer and confirm procedural safeguards including the right to rebut were provided.

Transfer to and from the Special Handling Unit

  1. For transfers to and from the Special Handling Unit, please refer to CD 708 - Special Handling Unit.

Transfer to and Return from a Section 81 Facility

  1. For transfers to and returns from a section 81 facility, please refer to GL 710-2-1 - CCRA Section 81: Transfers.

Transfer to and from a CSC Aboriginal Healing Lodge

  1. For a transfer to and from a CSC Aboriginal Healing Lodge, the relevant transfer process applies.
  2. Refer to Annex B for delegation of authority, timeframes for decision and timeframes for inmate's notification that apply to transfers to and from a CSC Aboriginal Healing Lodge.

Transfer to and from a CSC Treatment Centre for Program Participation or Admission Purposes, Including Intermediate Mental Health Care Within a Treatment Centre or Mainstream Institution

  1. A transfer to a CSC Treatment Centre for an admission to psychiatric hospital care requires the consent of the inmate, unless the inmate has been certified under the relevant provincial mental health legislation.
  2. Prior to a transfer for admission to psychiatric hospital care in a CSC Treatment Centre, or admission to Intermediate Mental Health Care within a Treatment Centre or other institution, the inmate must meet the clinical admission criteria in accordance with the Admission and Discharge Guidelines listed in the Integrated Mental Health Guidelines.
  3. When an inmate is admitted to a Treatment Centre for psychiatric hospital care, the sending institution will remain the primary institution.
  4. When an inmate is admitted to Intermediate Mental Health Care within a Treatment Centre, the sending institution will remain the primary institution, should the stay not exceed one year. For stays exceeding one year, the co-located institution will become the inmate's primary institution. In situations where the inmate's security classification differs from that of the co-located institution, the sending institution will remain the inmate's primary institution.
  5. For transfers to an Intermediate Mental Health Care Unit located at another institution, the corresponding transfer process will apply.
  6. Prior to the transfer to a CSC Treatment Centre, the inmate will be informed that:
    1. upon completion of the program or treatment plan, or the provision of the required health services, he/she will be returned to the primary institution should the stay not exceed one year
    2. failure to fully participate in programming may result in a discharge from the Treatment Centre and, under normal circumstances, the inmate will be returned to the primary institution.

Transfer for Judicial Review of Parole Ineligibility

  1. For a transfer to another institution of the same security level for judicial review, the applicable transfer process will be followed. An Assessment for Decision is not required but the information will be recorded in a CSC Board Review/Decision Sheet.
  2. An inmate eligible for judicial review of parole ineligibility will be transferred for the purposes of the review hearing to an institution which is in close proximity to the jurisdiction where his/her hearing will be held.
  3. The transfer will be initiated in accordance with the timeframes outlined in Annex B and just far enough in advance of the judicial review of parole ineligibility hearing to ensure proper preparation for his/her case with legal counsel. This will take into account the possibility that the inmate may already have engaged legal counsel prior to the anticipated transfer.

Transfer for Attendance at Court Proceedings

  1. For a transfer to another institution of the same security level to attend court proceedings, the applicable transfer process will be followed. An Assessment for Decision is not required but the information will be recorded in a CSC Board Review/Decision Sheet.
  2. For a transfer to another institution, where the court order stipulates a specific institution which differs from the assigned security level of the offender required to appear, a request may be submitted to the applicable court to amend the order.
  3. In the absence of a court order, and with the exception of cases from the Special Handling Unit, the Institutional Head may authorize the transfer of an inmate to another penitentiary or to a provincial correctional facility to facilitate the inmate's attendance at a court proceeding.
  4. Pursuant to a court order, the Institutional Head can authorize the transfer of an inmate to another institution to allow him to participate in a judicial proceeding if the court order does not specify the provincial institution or if the provincial institution specified in the court order cannot accommodate the inmate. An Assessment for Decision is not required but the information will be recorded in a CSC Board Review/Decision Sheet.
  5. The sending institution must confirm that video conferencing has been eliminated as an option prior to an inter-regional transfer when court attendance is the sole purpose for the inmate's transfer.
  6. Depending on the length of time an inmate has been in an institution other than his/her primary institution due to court matters, the respective Institutional Heads will determine who is responsible for case preparation and the necessity for transfer.

Voluntary Inter-Regional Transfer

  1. The Parole Officer/Primary Worker will advise an inmate applying for an inter-regional transfer that although he/she may indicate a preference, the receiving region may propose a more suitable institution. If the inmate agrees with the receiving region's proposal for an alternative institution, a new transfer application and Assessment for Decision will not be required, but a CSC Board Review/Decision Sheet will need to be completed and include updated information (if any) for the following elements in the recommendation section:
    1. information from the Security Intelligence Officer
    2. comments from the receiving institution
    3. information regarding physical and mental health needs, as well as Aboriginal social history where appropriate
    4. recommendation from the Case Management Team consistent with the objectives identified in the Correctional Plan
    5. a detailed rationale of the reasons for the recommendation (including consideration of the relevant elements identified under section 28 of the CCRA).
  2. A copy of the Institutional Head's final recommendation will be provided to the inmate within five working days.
  3. If the inmate disagrees with the proposal, the receiving region will render a decision.
  4. When a decision is made, the Regional Transfer Coordinator of the receiving region will notify the Regional Transfer Coordinator of the sending region of the decision. The latter will then notify the sending institutional staff.
  5. The Parole Officer/Primary Worker will:
    1. review and discuss the transfer application with the inmate and, if necessary, with other members of the Case Management Team focusing on how the proposed transfer meets the objectives of the Correctional Plan
    2. where applicable, update the Correctional Plan, including the healing components of the Correctional Plan in the case of an offender transferring to a section 81 facility, in consultation with the inmate and complete the Assessment for Decision identified in Annex C within 30 days of receipt of the application.
  6. The sending institution will lock the Assessment for Decision, which will then be sent to the Regional Transfer Coordinator of the receiving region.
  7. The Regional Transfer Coordinator of the receiving region will:
    1. request comments from the proposed receiving site or from a site that may better meet the inmate's needs, which are to be provided within 10 working days
    2. provide the recommendation to the decision maker pursuant to Annex B.
  8. Institutional staff will then notify the inmate of the decision pursuant to Annex B.

Involuntary Inter-Regional Transfer

  1. The Parole Officer at the sending institution will:
    1. complete the Assessment for Decision pursuant to Annex C and leave it unlocked
    2. notify the Regional Transfer Coordinator of the sending region by email of the Assessment for Decision draft submitted for his/her review, who in turn will, within one working day, forward it to the Regional Transfer Coordinator of the receiving region.
  2. The Regional Transfer Coordinator of the receiving region will:
    1. review the request and consult with the proposed institution(s)
    2. submit the comments provided by the institution(s) to the Regional Transfer Coordinator of the sending region.
  3. In situations when the purpose of the transfer is to alleviate the administrative segregation status of an inmate:
    1. the Regional Transfer Coordinator of the receiving region will, within one working day of being notified of the request, consult with the proposed institution(s)
    2. the proposed institution will, within five working days of being notified of the request, submit its comments to the Regional Transfer Coordinator of the sending region.
  4. The Regional Transfer Coordinator of the sending region will notify institutional staff, who will enter the comments in the Assessment for Decision and lock the document.
  5. Pursuant to section 12 of the CCRR, Annex B of these Guidelines and CD 701 - Information Sharing, the Institutional Head or designate will ensure the procedural fairness process is completed with the inmate at least two working days before the transfer by:
    1. providing the inmate with a copy of:
      1. the Assessment for Decision
      2. the written notice of the involuntary transfer recommendation
      3. any other information that will be used in the decision-making process
    2. providing the inmate two working days to respond in person or in writing to the proposed transfer.
  6. The Institutional Head can grant, within one working day of receiving the request, an extension of up to 10 working days. When the inmate responds in person, the response must be documented in a "Casework Record - Rebuttal".
  7. The Institutional Head of the sending institution will provide comments and address the inmate's rebuttal (if one is submitted) via the recommendation section of the CSC Board Review/Decision Sheet.
  8. The Notice of Involuntary Transfer Recommendation and the inmate's rebuttal (if one is submitted) are forwarded to the Regional Transfer Coordinator of the sending region who will provide comments via the recommendation section of the CSC Board Review/Decision Sheet.
  9. The Regional Transfer Coordinator of the sending region will forward the information to the Regional Transfer Coordinator of the receiving region to obtain the final decision. (Refer to Annex B for the timeframes for decision.)
  10. The inmate will be provided with a copy of the final decision and the reasons via the CSC Board Review/Decision Sheet.
  11. Refer to GL 710-2-2 - Inter-Regional Transfers by Air for the processes applicable to those transfers.

Interjurisdictional Transfer

  1. Procedures for transferring an inmate to a provincial/territorial facility are included in the Exchange of Service Agreement for the province/territory involved in the transfer. Please refer to CD 541 - Interjurisdictional and CCRA Section 81 Agreements for the framework for the negotiation, management and delivery of Exchange of Service Agreements with the provinces/territories.
  2. Procedures for an international transfer to and from Canada are outlined in CD 704 - International Transfers.

Assistant Commissioner,
Correctional Operations and Programs

Original Signed by:
Fraser Macaulay

Annex A - Cross-References and Definitions

Cross-References

CD 541 - Interjurisdictional and CCRA Section 81 Agreements
CD 550 - Inmate Accommodation
CD 566-6 - Security Escorts
CD 568-7 - Management of Incompatible Offenders
CD 701 - Information Sharing
CD 702 - Aboriginal Offenders
CD 704 - International Transfers
CD 705-3 - Immediate Needs Identification and Admission Interviews
CD 705-7 - Security Classification and Penitentiary Placement
CD 708 - Special Handling Unit
CD 709 - Administrative Segregation
CD 710-1 - Progress Against the Correctional Plan
GL 710-2-1 - CCRA Section 81: Transfers
GL 710-2-2 - Inter-Regional Transfers by Air
CD 710-3 - Temporary Absences
CD 710-4 - Perimeter Security Clearance
CD 710-6 - Review of Inmate Security Classification
CD 710-7 - Work Releases
CD 710-8 - Private Family Visits
CD 715-3 - Community Assessments
CD 784 - Victim Engagement
CD 843 - Management of Inmate Self-Injurious and Suicidal Behaviour

Offender Records System User's Guide

Definitions

Case conference: a formal meeting, consultation, or discussion about an inmate between two or more individuals.

Emergency transfer: the involuntary transfer of an inmate who cannot be managed effectively in the sending institution and who therefore poses an immediate safety risk to the public, staff and/or inmate(s) of the sending institution.

High suicide watch: an observation status for inmates who are at imminent risk for suicidal or self-injurious behaviour, during which the inmate is under continuous direct observation.

Modified suicide watch: an observation status for inmates who are at elevated risk for suicidal or self-injurious behaviour, during which the inmate is under continuous observation.

Without delay: immediately unless there are compelling circumstances preventing immediate action and in those circumstances, the delay cannot be more than 24 hours.

Annex B - Delegation of Authority, Timeframes for Decision and Timeframes for Inmate's Notification

Transfer Type Decision Maker Timeframes for Decision Timeframes for Notification
Intra-Regional
Penitentiary placement, including:
  • Suspended or revoked inmates
  • Persons with a suspended long-term supervision order
  • Inmates readmitted after escape or being unlawfully at large
The Institutional Head of the sending institution which operates the Intake Unit or the Post-Suspension Unit

Where required, the District Director has the authority for penitentiary placements

In cases of an inter-regional penitentiary placement, the Regional Deputy Commissioner, or Assistant Deputy Commissioner, Correctional Operations, of the receiving region. The Institutional Head/District Director of the sending region recommends the penitentiary placement
Inmate must be given reasons for the proposed placement in writing at least two working days prior to the final decision and transfer to the assigned penitentiary. This is to allow the inmate to respond to the proposed placement Where inmates are being admitted to a federal facility from a provincial facility, they will be notified as soon as practicable
Voluntary transfers, including at same security level to attend a PBC hearing, judicial review, court proceedings, program participation

Involuntary transfers, including emergency transfers
The Institutional Head of the sending institution

Note: In the case of emergency transfers, where possible, Regional Headquarters must be notified of the transfer before it is effected. In cases where it is not possible to reach the regional authorities, Regional Headquarters must be notified at the first opportunity. In addition, the sending institution will notify the receiving institution of the transfer before it is effected
Voluntary
As soon as possible within 60 days of inmate's request being submitted

Involuntary
  • In cases where the inmate does not rebut, as soon as possible within 30 days of provision of the Notice of Involuntary Transfer Recommendation
  • In cases where the inmate rebuts, within 30 days of the provision of the Notice of Involuntary Transfer Recommendation or within 10 working days of the date of the rebuttal, whichever period is longer
Voluntary
Within five working days after the final decision, including the reasons if the decision is to deny the request

Involuntary
  • At least two days before the transfer if the final decision is to transfer the inmate, unless he/she consents to a shorter period
  • Within five working days after the decision if the final decision is not to transfer the inmate
Emergency
Within five working days after the final decision, including the reasons for the decision
Inter-Regional
Penitentiary Placement In cases where the sending institution or the sending region is not in favour of the out of region penitentiary placement, a decision is rendered at that time and the case is not forwarded to the proposed receiving region

The Regional Deputy Commissioner, or Assistant Deputy Commissioner, Correctional Operations, of the receiving region
Inmate must be given reasons for the proposed placement in writing at least two days prior to the final decision and transfer to the assigned penitentiary. This is to allow the inmate to respond to the proposed placement Where inmates are being admitted to a federal facility from a provincial facility, they will be notified as soon as practicable
Out of region movement via a warrant of committal from provincial custody to federal custody The Regional Deputy Commissioner, or Assistant Deputy Commissioner, Correctional Operations, of the receiving region The inmate will be transferred from provincial custody upon the expiration of the 15­day delay, unless he/she agrees to be transferred before the expiration Inmates will be notified as soon as practicable
Voluntary transfers

Involuntary transfers, and emergency transfers

Transfers to alleviate segregation status
In cases where the Institutional Head of the sending institution or, at the regional level, the Regional Deputy Commissioner or the Assistant Deputy Commissioner, Correctional Operations, are not in favour of the inter-regional transfer, a decision is rendered accordingly

The Regional Deputy Commissioner, or Assistant Deputy Commissioner, Correctional Operations, of the receiving region is the final decision maker, when the case is supported
Voluntary
As soon as possible within 60 days of inmate's request being submitted

Involuntary
  • In cases where the inmate does not rebut, as soon as possible within 45 days of the provision of the Notice of Involuntary Transfer Recommendation
  • In cases where the inmate rebuts, within 45 days of the provision of the Notice of Involuntary Transfer Recommendation or within 15 working days of the date of the rebuttal, whichever period is longer
Voluntary
Within five working days after the final decision of the transfer application, including the reasons if the decision is to deny the request

Involuntary
  • At least two days before the transfer if the final decision is to transfer the inmate, unless he/she consents to a shorter period
  • Within five working days after the decision if the final decision is not to transfer the inmate
Emergency
Within five working days after the final decision, including the reasons for the decision
Intra/Inter-Regional
Transfer to a Healing Lodge in an Aboriginal community that has an agreement with the Minister, or a person authorized by the Minister of Public Safety As outlined in the specific section 81 agreements

In cases of intra-regional transfers to a section 81 facility, the Regional Deputy Commissioner is the authorized decision maker to approve a section 81 transfer
The timeframes for voluntary transfers to a section 81 facility apply, excluding time attributable to the Aboriginal community's consideration of the request The timeframes for voluntary transfers apply, excluding time attributable to the Aboriginal community's consideration of the request
Transfer to and from a CSC Aboriginal Healing Lodge In cases of intra-regional transfers, the Director of the Healing Lodge (the Institutional Head recommends)

In cases of inter-regional transfers, the Regional Deputy Commissioner or the Assistant Deputy Commissioner, Correctional Operations (where applicable) of the sending region, with the agreement of the Executive Director of the Healing Lodge (the Institutional Head recommends)
Voluntary
As soon as possible within 60 days of inmate's request being submitted
Voluntary
Within five working days after the final decision, including the reasons if the decision is to deny the request
Transfer to and from a CSC Treatment Centre for psychiatric hospital care or Intermediate Mental Health Care or to an Intermediate Mental Health Care Unit in a mainstream institution In cases of intra-regional transfers, the Institutional Head of the sending institution
(Prior to approving the transfer to psychiatric hospital care or Intermediate Mental Health Care, the Institutional Head of the sending institution must ensure that the referral decision has been made by the Executive Director and/or Clinical Manager)

In cases of inter-regional transfers, the Regional Deputy Commissioner, or the Assistant Deputy Commissioner, Correctional Operations, of the receiving region (Prior to approving the transfer to psychiatric hospital care or Intermediate Mental Health Care, the RDC/ADCCO of the receiving region must ensure that the referral decision has been made by the Executive Director and/or Clinical Manager)
The timeframes for voluntary, involuntary transfers apply The timeframes for voluntary, involuntary transfers apply
Transfer to and from a provincial correctional facility or a hospital, in accordance with an agreement entered into under subsection 16(1) of the CCRA and any applicable regulations The Institutional Head of the receiving institution

The Institutional Head of the sending institution/ relevant provincial authority recommends the transfer
The timeframes for voluntary or involuntary transfers apply

Transfers to hospitals will comply with the relevant provincial mental health legislation
The timeframes for voluntary or involuntary transfers apply
International transfer (to and from Canada) Minister of Public Safety and Emergency Preparedness All applications for transfer are processed individually, with every effort being made to process requests as expeditiously as possible, upon receipt of the supporting documentation As soon as practicable after the sentencing country, the country of citizenship and the offender consent to the transfer

Annex C - Assessment for Decision for Transfers - Report Outline

Introductory Statement/Case Status

  1. Provide a brief statement of the purpose of the report (e.g. type of transfer: voluntary/involuntary/emergency; inter-regional/intra-regional):
    • to respond to reassessed security requirements
    • to provide access to the home community, a compatible cultural or linguistic environment or required programming
    • to provide access to relevant programs and services, including health care, taking into account the inmate's willingness to participate in those programs and services
    • to alleviate administrative segregation status
    • to provide access to Intermediate Mental Health Care
    • to provide better access to programs and services in the inmate's preferred official language
    • to provide a safe environment to the inmate
    • for assessment purposes
    • for court proceedings
    • to transfer the inmate to an Aboriginal correctional facility established under section 81 of the CCRA
    • to separate inmates identified as co-convicted and under current sentence for an offence resulting in death or serious harm and whose association or influence on each other may be detrimental to the rehabilitation and safe reintegration of one or more inmates, or to the safety and security of the institution.
  2. Indicate the length of sentence, current offence(s), outstanding charges or appeals, immigration/deportation/extradition status.
  3. Confirm the presence and level of support when the purpose of a transfer is to gain access to family and community support.
  4. Present new information related to the decision received since completion of the Correctional Plan Update.

Risk Assessment

  1. Risk Factors
    Briefly analyze the inmate's risk factors, specific to the offence cycle as outlined in the Correctional Plan. Incorporate actuarial assessments (e.g. SIR-R1) and reintegration potential.
  2. Inmate Security Level Review (Refer to CD 710-6 - Review of Inmate Security Classification)
    Confirm or complete (as required) an analysis of the security level assessment pursuant to section 18 of the CCRR. A statement will be made under each of the following:
    1. institutional adjustment
    2. escape risk
    3. risk to the safety of the public.

Overall Assessment

Provide an overall assessment incorporating the following elements:

  1. results of the case conference with the receiving institution
  2. nature and gravity of the offence and the degree of responsibility of the inmate
  3. victim concerns (if applicable)
  4. consultation with Security Intelligence Officer, where applicable (e.g., incompatibles and affiliations) (if there are no concerns, a statement should be made to that effect)
  5. existence of co-convicted inmates
  6. recent professional opinions regarding transfer such as from the Case Management Team, health care, mental health, psychological information, police comments and/or previous CSC decisions (if applicable)
  7. previous PBC decision (nature and purpose, all relevant comments, specific reference to relevant issues noted in the decision, including demonstrating how concerns/issues previously raised have/have not been addressed)
  8. physical or mental health concerns (pursuant to section 87 of the CCRA) as identified by Health/Mental Health Services that would preclude the inmate's transfer
  9. current risk
  10. inmate engagement
  11. outstanding factors requiring intervention
  12. an analysis of any high risk behaviours or patterns observed during the sentence
  13. inmate's understanding of risk factors and offence cycle, and how risk will be managed
  14. Aboriginal social history (if applicable)
  15. for an inmate involved in a healing path, incorporate his/her understanding of the healing components of the Correctional Plan
  16. how the recommendation meets the needs of the inmate while ensuring the safety of the public.

The following will be incorporated into the Overall Assessment for Decision on involuntary transfers.

Analyze all factors that have prompted the proposed transfer, including the details of the precipitating incident(s) (e.g. time, place, damage to property or physical injury, and weapons used) as well as behavioural patterns that may have contributed to the decision to recommend involuntary transfer. This analysis will ensure that the current incident(s) is (are) viewed by the decision maker in the broader context of the inmate's overall performance throughout incarceration (i.e. context of the present incident(s) as it (they) relate(s) to previous institutional incidents, offence convictions or involuntary transfers).

Make reference to the existence of security information that relates to the present or previous incident(s) or to the existence of incompatibles at the present and proposed institutions. Provide a rationale where such information cannot be shared with the inmate, or if only the "gist" of the information can be shared.

Consider any pertinent results/recommendations from the psychological and/or psychiatric assessments and/or health care in the final transfer decision.

Consider the offender's Aboriginal social history and indicate what culturally appropriate/restorative options have been considered. They must be linked to the decision with a rationale that explains why they did or did not impact the decision.

Indicate clearly what alternatives have been explored and why the involuntary transfer is the only reasonable alternative available.

Dissenting Opinion

Recommendation

For more information

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