Commissioner's Directive

Transfer of Inmates

AUTHORITIES

PURPOSE

  • To effectively manage institutional populations by transferring inmates to an environment consistent with their security requirements. This would include the movement of inmates within clustered and multi-level institutions
  • To facilitate inmate's participation in correctional programs and/or other interventions as identified in their Correctional Plan

APPLICATION

Applies to staff involved in the transfer as well as the movement of inmates within clustered and multi-level institutions

Responsibilities

  1. The Assistant Commissioner, Correctional Operations and Programs, may develop guidelines pertaining to specific aspects of inmate transfers as well as movements, which must be followed.
  2. The Regional Deputy Commissioner is the authorized decision maker to approve or deny the recommendation of an Institutional Head to transfer an inmate under a section 81 agreement.
  3. The Regional Deputy Commissioner or the Assistant Deputy Commissioner, Correctional Operations, of the receiving region is the authorized decision maker to approve or deny the recommendation of an Institutional Head to conduct the inter-regional transfer of an inmate to another institution, including a CSC Treatment Centre and/or a CSC Aboriginal Healing Lodge.
  4. The Institutional Head or Correctional Manager in charge after working hours will sign all transfer warrants.
  5. The Institutional Head of the sending institution is the final decision maker for all transfers, except:
    1. a transfer to/from the SHU (refer to CD 708 - Special Handling Unit for further information)
    2. a transfer to and a return from a section 81 facility
    3. an inter-regional transfer.
  6. The Institutional Head will forward his/her recommendation to:
    1. the Regional Deputy Commissioner or Assistant Deputy Commissioner, Correctional Operations, for an inter-regional transfer
    2. the Regional Deputy Commissioner for an intra-regional transfer to a CSC Aboriginal Healing Lodge or a section 81 Healing Lodge
    3. the Executive Director of the Healing Lodge for an intra-regional transfer to/from a CSC Aboriginal Healing Lodge.
  7. In addition, the Institutional Head will:
    1. ensure the admission of an inmate to a CSC Treatment Centre for Psychiatric Hospital Care or Intermediate Mental Health Care, or to Intermediate Mental Health Care within another institution, has been approved by the appropriate decision maker prior to the inmate's transfer/movement in accordance with the Admission and Discharge Guidelines listed in the Integrated Mental Health Guidelines
    2. ensure that an inmate is provided with procedural fairness by complying with the processes in sections 12 and 13 of the CCRR
    3. pursuant to sections 12 to 14 of the CCRR, establish a process to monitor compliance with legislative timeframes for the appropriate inmate notification, sharing of information and decision making (refer to Annex B of GL 710-2-3 - Inmate Transfer Processes)
    4. ensure that the inmate's state of health and/or health care needs, as identified by a health care professional, are considered in all decisions relating to transfers, and that this information is documented in every inmate's final transfer decision pursuant to section 87 of the CCRA
    5. indicate in the inmate's final transfer decision whether there are incompatibles at the receiving site (or if there are no concerns), and make reference to whether the inmate provided a rebuttal and the consideration given to the rebuttal
    6. ensure there is a process to notify the receiving site of all approved intra-regional transfer decisions
    7. ensure that a process is in place to receive incoming transfer notifications
    8. when there is new information regarding risk and needs that would impact the viability of the transfer, ensure there is a process to communicate with the receiving institution within 24 hours prior to effecting a transfer
    9. ensure that all reports due within 30 days after transfer from the sending institution are completed as required
    10. ensure processes outlined in CD 784 - Victim Engagement are respected
    11. ensure processes outlined in GL 710-2-4 - Movement Within Clustered/Multi-Level Institutions are respected.
  8. The Assistant Wardens, Interventions, of the sending and receiving institutions will ensure a process is in place for case conferences prior to the transfer.
  9. The Assistant Warden, Management Services, will ensure that all files are transferred with the inmate, with the exception of emergency transfers.
  10. The Manager, Assessment and Interventions/Correctional Manager as appropriate, will:
    1. ensure institutional Parole Officers/Primary Workers are familiar with the section 81 transfer process pursuant to GL 710-2-1 - CCRA Section 81: Transfers
    2. quality control submissions for transfer or movement within clustered/multi-level institutions
    3. provide a recommendation to the Institutional Head on the appropriateness of the transfer/ movement within clustered/multi-level institutions on cases they have identified as a concern and/or if deemed required, provide a recommendation on cases supported for a transfer/ movement within clustered/multi-level institutions.
  11. The Parole Officer/Primary Worker will:
    1. process inmate applications for transfer within the timeframes prescribed in Annex B of GL 710­2­3 - Inmate Transfer Processes
    2. process movement within clustered/multi-level institutions submissions within the timeframes prescribed in Annex C of GL 710-2-4 - Movement Within Clustered/Multi-Level Institutions
    3. inform inmates of their right under section 81 of the CCRA and in accordance with GL 710-2-1 - CCRA Section 81: Transfers
    4. where applicable, update the Correctional Plan in consultation with the inmate and complete the Assessment for Decision as outlined in Annex C of GL 710-2-3 - Inmate Transfer Processes, within 30 days of receiving the application
    5. where applicable, update the Correctional Plan, including its healing components, in consultation with the inmate and complete the Assessment for Decision as outlined in Annex B of GL 710-2-4 - Movement Within Clustered/Multi-Level Institutions
    6. ensure information is provided to the Victim Services Unit and consider relevant victim information pursuant to CD 784 - Victim Engagement.
  12. The Aboriginal Liaison Officer will:
    1. support and promote inmate access to section 81 facilities
    2. provide input to the Parole Officer/Primary Worker regarding transfer between institutions or movement within clustered/multi-level institutions recommendations, as applicable, including the Elder's comments.
  13. The Director, Institutional Reintegration Operations, will ensure a process is in place for the planning, coordination and management (including financial resources) of inter-regional transfers by air.
  14. The Institutional Reintegration Operations Division will:
    1. provide advice and coordinate all inter-regional transfers by air
    2. establish a tentative schedule of the inter-regional flights one year in advance
    3. establish the national inter-regional transfer list.
  15. The Regional Transfer Coordinator:
    1. is responsible for the coordination of the inter-regional transfer processes
    2. will establish the inter-regional transfer list
    3. will gather information to support the inter-regional transfer operations (e.g. medical, psychological, security), when required.
  16. While in transit, for all types of intra-regional and inter-regional transfers, the Correctional Manager/Officer in Charge of the transfer is responsible at all times for the security of the inmates, the personal effects and all of the files.
  17. The decision maker will ensure that the rationale provided in all decision reports is clearly detailed, addresses any rebuttal submissions and is justified pursuant to section 27 of the CCRA, and CD 701 - Information Sharing.

Procedures

  1. Processes for the various types of transfers can be found in:
    1. GL 710-2-1 - CCRA Section 81: Transfers
    2. GL 710-2-2 - Inter-Regional Transfers by Air
    3. GL 710-2-3 - Inmate Transfer Processes
    4. GL 710-2-4 - Movement Within Clustered/Multi-Level Institutions
    5. CD 704 - International Transfers
    6. CD 708 - Special Handling Unit.
  2. 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.

Commissioner,

Original Signed by:
Don Head

Annex A
Cross-references and Definitions

Cross-references

CD 001 - Mission, Values and Ethics Framework of the Correctional Service of Canada
CD 081 - Offender Complaints and Grievances
CD 084 - Inmates' Access to Legal Assistance and the Police
CD 352 - Inmate Clothing Entitlements
CD 541 - Interjurisdictional and CCRA Section 81 Agreements
CD 550 - Inmate Accommodation
CD 567-1 - Use of force
CD 568-1 - Recording and Reporting of Security incidents
CD 578 - Intensive Intervention Strategy in Women Offender Institutions/Units
CD 700 - Correctional Interventions
CD 701 - Information Sharing
CD 703 - Sentence Management
CD 704 - International Transfers
CD 705-6 - Correctional Planning and Criminal Profile
CD 705-7 - Security Classification and Penitentiary Placement
CD 706 - Classification of Institutions
CD 708 - Special Handling Unit
CD 709 - Administrative Segregation
GL 710-2-1 - CCRA Section 81: Transfers
GL 710-2-2 - Inter-Regional Transfers by Air
GL 710-2-3 - Inmate Transfer Processes
GL 710-2-4 - Movement Within Clustered/Multi-Level Institutions
CD 710-5 - Judicial Review of Parole Ineligibility
CD 710-6 - Review of Inmate Security Classification
CD 715-2 - Post-Release Decision Process
CD 784 - Victim Engagement
CD 800 - Health Services
CD 843 - Management of Inmate Self-Injurious and Suicidal Behaviour

Canadian Aviation Security Regulations, 2012

Treasury Board Policy on Government Security

Discharge Planning Guidelines: A Client-Centred Approach
Offender Records System User's Guide
Integrated Mental Health Guidelines

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.

Movement: movement of an inmate to a same or different security level location within a clustered/multi-level institution.

Transfer (voluntary/involuntary): the transfer of an inmate when it is an acceptable risk to the public, staff or other inmates and this risk can be managed at another Institution or security level.

For more information

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians websites.