Commissioner's Directive

Temporary Absences

PURPOSE

  • To provide inmates with opportunities to access the community or another institution for medical, administrative, parental responsibility, compassionate reasons, community service, family contact, personal development, and for rehabilitative purposes

APPLICATION

Applies to staff involved in the temporary absence process

RESPONSIBILITIES AND PROCEDURES

  1. The Institutional Head will:
    1. ensure that a process is in place to identify temporary absence eligibility dates and decision authority
    2. determine whether the escort will be a security or non-security escort, specifying who the escort will be (Correctional Officer/Primary Worker, CSC staff, volunteer, etc.)
    3. ensure a process is in place to communicate with the community support, prior to the escorted temporary absence, to confirm the date and time as well as the community support's availability to receive the inmate, when applicable
    4. ensure that for each temporary absence, the responsibilities of the supervisor are detailed, including the type and frequency of supervision, reporting requirements, the frequency of the Post Temporary Absence/Work Release Evaluation Report (CSC/SCC 1082), incident intervention, the measures to be taken when necessary to cancel the temporary absence, and procedures for returning the inmate to the institution
    5. for UTA release granted under CSC authority, consider victim information as well as any victim statement(s) provided pursuant to subsection 133(3.1) of the CCRA for the purpose of imposing conditions that are reasonable and necessary to protect the victim. Pursuant to subsection 133(3.2) , if a victim statement was provided pursuant to subsection 133(3.1) of the CCRA, consider whether any conditions are reasonable and necessary to protect the victim; the reasons for the decision must be documented. If such a statement has not been provided, nothing precludes the decision-maker from imposing any conditions as indicated in subsection 133(3) of the CCRA
    6. for UTA release granted under CSC authority where conditions have been imposed to protect the victim pursuant to subsection 133(3) of the CCRA: before removing or modifying any condition, take reasonable steps to inform every victim that provided CSC with a statement, of his/her intention to remove or modify the condition, and he/she will consider the victims’ concerns, if any
    7. ensure policies and procedures for High Profile Offenders are followed pursuant to CD 701 - Information Sharing
    8. ensure processes outlined in CD 784 - Vistim Engagement are respected.
    9. ensure that inmates are provided with written reasons for the decision.
  2. The Parole Officer, up until the first positive decision, and the Correctional Officer II, following the first positive decision, will:
    1. process inmate applications for a temporary absence within the prescribed timeframes
    2. obtain input from other members of the Case Management Team as necessary when assessing and reviewing applications
    3. obtain input from the Elder, the Aboriginal Liaison Officer and/or the Aboriginal Community Development Officer where appropriate, when assessing and reviewing applications
    4. if there is a Victim Notification required flag, request from the Victims Services Unit victim information, as well as any written victim statements provided pursuant to subsection 133(3.1) of the CCRA
    5. when required, contact the Victim Services Unit to advise of a recommendation to remove or modify a condition that was imposed to protect the victim, and consider victim concerns, if any, pursuant to subsection 133(7) of the CCRA
    6. as part of their assessment, as per Annex E , consider victim information, as well as any victim statements provided pursuant to subsection 133(3.1) of the CCRA. If a victim statement has been provided, consider whether any conditions are reasonable and necessary to protect the victim; the reasons to recommend a condition or not must be documented. If such a statement has not been provided, nothing precludes the author from recommending any conditions pursuant to subsection 133(3) of the CCRA.
  3. TheParole Officer/Correctional Officer II/Primary Worker/Manager, Assessment and Interventions, will ensure information pursuant to section 26 of the CCRA is provided to the Victim Services Unit (refer to Annex D of CD 784 - Vistim Engagement).
  4. The Primary Worker/Older Sister will complete temporary absence applications under CSC authority in women offender Institutions.
  5. The Aboriginal Liaison Officer will provide input to the Parole Officer or the Correctional Officer II/Primary Worker regarding temporary absence recommendations, as applicable.

Temporary Absence Purposes

  1. Temporary absences may be granted for the following purposes:
    1. medical reasons, to allow the inmate to undergo medical examination or treatment that is not provided in the penitentiary
    2. administrative reasons, to allow the inmate to attend to essential personal affairs or legal matters or to matters related to the administration of the sentence that the inmate is serving
    3. community service purposes, to allow the inmate to undertake voluntary activities with a non-profit community institution, organization or agency, or for the benefit of the community as a whole
    4. family contact purposes, to assist the inmate in maintaining and strengthening family support while in custody and as a potential community resource when released
    5. parental responsibility reasons, to allow the inmate to attend to matters related to the maintenance of a parent-child relationship, including care, nurture, schooling and medical treatment, where such a relationship exists between the inmate and the child
    6. personal development for rehabilitative purposes, to allow the inmate to participate in specific treatment activities with the goal of reducing the risk of re-offending, and to allow him/her to participate in activities of a rehabilitative nature, including cultural and spiritual ceremonies unique to Aboriginal people, with the goal of assisting his/her reintegration into the community as a law-abiding citizen. This includes a series of escorted temporary absences (ETA) or unescorted temporary absences (UTA) granted to allow inmates to work or to attend a program in another institution or an adjacent institution
    7. compassionate reasons, to allow the inmate to attend to urgent matters affecting the members of his/her immediate family or other persons with whom he/she has a close personal relationship.

Eligibility for Unescorted Temporary Absences

  1. Every inmate will be advised in writing of his/her eligibility for UTAs and whether CSC or the Parole Board of Canada (PBC) is the decision-making authority.
  2. Inmates, including those who are confined in a penitentiary pursuant to an Exchange of Service Agreement pursuant to subsection 16(2) of the CCRA, are eligible for UTAs, subject to the exceptions outlined in paragraph 9, when they have served (pursuant to section 115 of the CCRA):
    1. in the case of a life sentence, other than a person who was under the age of eighteen at the time of commission of the offence of murder, the portion of the sentence to be served to reach the inmate's full parole eligibility date less three years
    2. in the case of a sentence of incarceration for an indeterminate period, the portion of the sentence to be served to reach the inmate's full parole eligibility date less three years
    3. in all other cases, one-half of the period required to be served before the inmate's full parole eligibility date, or six months, whichever is the greater.
  3. Further to paragraph 8, the exceptions are (see Sentence Management for guidance, if required):
    1. cases in which indeterminate sentences are imposed for offences that occurred prior to August 1, 1997
    2. cases in which life and indeterminate sentences are followed by determinate sentences
    3. certain inmates, as determined by the date of sentencing, who are subject to a detention order under the Immigration Act (1995) or subject to a removal order under the Immigration and Refugee Protection Act and who have not reached their full parole eligibility date (see subsections 128(3) to (7) of the CCRA).
  4. Pursuant to subsection 115(2) of the CCRA, where the life or health of an inmate is in danger, a UTA may be granted to administer emergency medical treatment, irrespective of the time served, except for inmates serving a sentence of life minimum pursuant to section 746.1 of the Criminal Code and those subject to a removal order pursuant to subsection 128(4) of the CCRA.
  5. Inmates classified as maximum security and inmates detained beyond the statutory release date pursuant to the CCRA are not eligible to apply for UTAs.
  6. Inmates referred by CSC for detention remain eligible for UTAs until the PBC orders their detention.

Eligibility for Escorted Temporary Absences

  1. All inmates, including those who are confined in a penitentiary pursuant to an Exchange of Service Agreement pursuant to subsection 16(2) of the CCRA, are eligible for medical ETAs at any time during their sentence.
  2. ETAs may be granted to any inmate at any time, pursuant to Annex C, except for inmates who are detained (subsection  130(5) of the CCRA) and are only eligible for ETAs for medical or administrative purposes.
  3. ETAs for compassionate reasons may be granted in the following instances unless information exists that, in the opinion of the Institutional Head (when the Institutional Head is the granting authority), the risk is unassumable for the protection of society, staff, and/or the inmate (see Annex C - Granting Authority):
    1. to attend the funeral of a member of the inmate's immediate family (or extended family for Aboriginal offenders) or other persons with whom the inmate, in the opinion of the Institutional Head, has had a close personal relationship, and/or
    2. to visit a person, as described above, who has been declared by a medical practitioner to be in an advanced stage of a terminal condition resulting from illness or injury.
  4. All factors will be considered in making the decision and will be documented within an Assessment for Decision.
  5. Where CSC is not able to accommodate an inmate’s request to attend a funeral due to public safety risks, staff will take appropriate action to support and provide various types of family contact. Strategies could include the involvement of chaplains and psychologists as well as the use of video-conferencing and conference calls.
  6. Where CSC is not able to accommodate an inmate’s request to attend a funeral (e.g. due to delayed communications with family members), the inmate may be supported to attend the gravesite or participate in the ceremonies appropriate to the individual’s culture, traditions or spiritual practices. The inmate will request an ETA for family contact or personal development for rehabilitative purposes; however, CSC will recognize the compassionate nature of the ETA.
  7. When inmates apply for ETAs for compassionate reasons during the Intake Assessment process and key information is missing, staff will make reasonable efforts to collect it prior to making a recommendation.
  8. When an application for an ETA to attend a funeral is denied, every reasonable effort will be made to ensure that the inmate is informed prior to the time and date when the funeral is to take place. The reasons given must be clearly stated and recorded in the CSC Board Review/Decision.

Granting Criteria

  1. Temporary absences may be granted where, in the opinion of the releasing authority:
    1. an inmate will not, by reoffending, present an undue risk to society during the absence
    2. it is desirable for the inmate to be absent from the institution for one of the reasons for which temporary absences may be granted
    3. the inmate's behaviour while under sentence does not preclude authorizing the absence
    4. a structured plan for the absence, has been prepared.

Process

  1. Upon receipt of the inmate's Application for Temporary Absence (CSC/SCC 1078), the Parole Officer/Correctional Officer II will:
    1. review the application against the objectives of the Correctional Plan
    2. interview the inmate to discuss the proposed temporary absence
    3. review the inmate's progress against the Correctional Plan, assess the level of risk involved in the proposed absence and the need for the imposition of conditions pursuant to subsection  17(2) of the CCRA, in the case of an ETA, or subsection 161(2) of the CCRR, in the case of a UTA, in order to manage the risk
    4. request, if applicable, a Community Assessment or a Community Strategy. In cases of UTAs of more than 72 hours, a Community Strategy must be requested.
    5. review victim information as well as any victim statement(s) provided pursuant to subsection 133(3.1) of the CCRA
    6. upon receipt of the Community Assessment or Community Strategy, complete the Assessment for Decision pursuant to Annex E. In the case of a temporary absence under CSC authority, the Assessment for Decision will be completed within the following timeframes:
      1. where a Community Assessment or Community Strategy is not required, no later than 30 days following submission of the inmate's application
      2. where a Community Assessment or Community Strategy is required, no later than 60 days following submission of the inmate's application.
    7. upon receipt of new information which would change the recommendation, a new Assessment for Decision will be completed. If the new information does not change the recommendation, an addendum will be completed.
  2. In cases where CSC is the granting authority for Escorted Temporary Absences (ETAs), but requires the approval of the PBC before the ETA can be authorized, a CSC Board Review Decision is required, and the decision rationale to “authorize” or “not authorize” the ETA must address PBC’s decision.
  3. The Parole Officer will also complete the temporary absence application process following a situation when:
    1. the temporary absence (either individual or the program) has been cancelled or terminated due to the inmate's behaviour
    2. submitting a recommendation for the removal or modification of a special condition to protect the victim which was imposed on an offender’s UTA pursuant to subsection 133(7) of the CCRA
    3. a conditional release has been suspended, cancelled, terminated or revoked
    4. the inmate has been assigned a higher security classification.
  4. The Primary Worker will complete the temporary absence application process for all applications under CSC authority.
  5. The Manager, Assessment and Interventions will:
    1. quality control all submissions for temporary absence processed by the Parole Officer
    2. provide a recommendation to the decision maker on the appropriateness of the application for the temporary absence that he/she has identified as a concern and/or if deemed required, provide a recommendation on cases supported for a temporary absence.
  6. The Correctional Manager will:
    1. quality control all submissions for temporary absence processed by the Correctional Officer II/Primary Worker
    2. provide a recommendation to the decision maker on the appropriateness of the application for the temporary absence that he/she has identified as a concern and/or if deemed required, provide a recommendation on cases supported for a temporary absence.
  7. In cases where CSC is the granting authority, the Institutional Head will make a decision as soon as possible, but no later than 10 days after the completion of the Assessment for Decision. The final decision will include the following:
    1. the purpose
    2. any special conditions of the release, and, in the case of urinalysis, the frequency of application
    3. any conditions considered reasonable and necessary to protect the victim. As per subsection 133(3.2) of the CCRA, if a victim statement has been provided pursuant to subsection 133(3.1) of the CCRA, the reasons to impose a condition or not must be documented
    4. specific escort and supervision requirements
    5. reporting instructions.
  8. Unless significant changes have occurred and the application is supported by the Case Management Team, any subsequent review of a temporary absence application will be conducted no sooner than six months following a negative decision, except in the case of a temporary absence for medical or compassionate reasons.
  9. Any changes to the destination or conditions of an approved temporary absence plan (individual or program) require a new Assessment for Decision, recommendation and decision.
  10. Following the transfer of an inmate or the movement of an inmate in a clustered institution as a result of a change in security classification, the Parole Officer/Correctional Officer II/Primary Worker will review all previously-approved temporary absences and submit a recommendation to the Institutional Head, who will confirm, through a CSC Board Review/Decision process, whether the particular absence(s) will be implemented, modified or cancelled. Unless significant change have occurred, a new Assessment for Decision is not required.

Frequency and Duration

  1. The maximum frequency and duration of temporary absences are outlined in Annex B.
  2. For both ETAs and UTAs, the releasing authority may grant additional travel time necessary to travel to and from the place where the absence is authorized.
  3. Unless a UTA is required for medical or compassionate reasons:
    1. each UTA granted for community service or for personal development purposes must be followed by a period in custody of at least seven days before the next such absence
    2. each UTA granted for administrative, family contact or parental responsibility reasons must be followed by a 24 hour period in custody before the next such absence.
  4. CSC authority UTAs granted for personal development purposes to allow an inmate to participate in a specific personal development program pursuant to subsection 116(6) of the CCRA may be renewed, without a return to custody, for periods of up to 60 days each. In this instance, the UTA must be renewed by way of a review for each additional period of 60 days. In doing this review, the Parole Officer/Primary Worker should consider the inmate's progress over the previous 60-day period and whether or not the inmate will present an undue risk to society during the absence. This paragraph does not apply to inmates serving a sentence for a Schedule I offence where the offence resulted in the death or serious harm to the victim or is a sexual offence involving a child and inmates serving a sentence for a Schedule II serious drug offence.

Release Procedures

  1. Prior to the implementation of any temporary absence, or a series of approved temporary absences, the Parole Officer and/or the Correctional Officer II/Primary Worker will meet with the inmate to discuss:
    1. final travel arrangements
    2. specific activities
    3. behavioural expectations
    4. the conditions of the release, the supervision requirements and, if applicable, the reporting instructions
    5. the reasons for which the temporary absences may be cancelled and the consequences of a cancellation.
  2. After an ETA has been approved to allow an inmate to attend a program at another federal facility, the Institutional Head of the sending institution will ensure that the receiving institution is contacted and concurs with the time and date proposed. The only exception to this protocol will be ETAs for program purposes that occur on a continuing basis where the schedules have been confirmed in advance.
  3. Normally, at least 18 days before the inmate is released on a UTA, the Parole Officer or designate will review and, if applicable, will::
    1. update the Standard Profile information
    2. ensure that the inmate's photograph is current
    3. advise the parole office of the community to which the inmate is travelling, in writing, that the revised Profile and photograph are available
    4. provide information to the Victim Services Unit pursuant to CD 784 - Vistim Engagement.
  4. An inmate released on a temporary absence is eligible for expenses associated with the release pursuant to CD 870 - Maintenance Allowance for Offenders.

Conditions of Release and Supervision

  1. Mandatory conditions for unescorted temporary absences are prescribed in subsection 161(2) of the CCRR.
  2. The decision-making authority may impose any special conditions considered reasonable and necessary to manage the risk, including a condition to reside in a community-based residential facility or other facility, and, when applicable, conditions considered reasonable and necessary to protect the victim.
  3. Unless otherwise specified by the PBC, special conditions imposed are automatically carried over to subsequent UTAs when the PBC has conferred the UTA authority to the Institutional Head.
  4. UTAs will be supervised in accordance with directions provided in the decision, and as follows:
    1. all first UTAs of 24 hours or more duration
    2. any subsequent UTAs, as requested or directed by the destination Area Director, Institutional Head or the PBC
    3. all UTAs for inmates serving a life or an indeterminate sentence, unless otherwise directed by the PBC.
  5. Normally, a first ETA for any purpose will be escorted by Correctional Officer/Primary Worker. Any deviation from this policy must be clearly explained and documented.

Permits and Police Notification

  1. The Parole Officer, or other person designated to administer the temporary absence, will:
    1. ensure that the release permit is issued and signed by the Institutional Head or designate, normally at least 72 hours prior to the release
    2. notify the destination police agency prior to the commencement of the temporary absence. Normally, the notification will be completed electronically through the Offender Management System.
  2. Individual permits will be issued for each ETA even when an inmate is approved for a series of temporary absences. However, for the purposes of a group ETA, one permit may be issued for all of the inmates in a group.
  3. In the case of an ETA, the escort is provided with a copy of the permit during the pre-release Escort Briefing (CSC/SCC 0753).
  4. In the case of a UTA, the permit is given to the inmate who is required to carry it for the duration of the absence.

Extension of an Escorted Temporary Absence

  1. When it is necessary and reasonable to extend the ETA beyond the time period specified on the Temporary Absence Permit and:
    1. the return date is unchanged, the escorting officer(s) will contact the Correctional Manager to advise of the delay; the Correctional Manager will ensure the permit is amended in the “Remarks” section and closed off using the applicable code in Annex G
    2. the return date is changed, but there are no substantial changes to the grounds for authorizing the absence or the escort requirements, the escorting officer(s) will contact the Correctional Manager who will ensure the permit is amended in the “Remarks” section and the revised permit is issued and provided to the escorting officer(s) as soon as operationally possible. The temporary absence is closed off using the applicable code in Annex G.

Cancellation and Suspension

  1. An ETA may be cancelled before or after its commencement pursuant to subsections 17(3) and 17.1(5) of the CCRA.
  2. During the course of an ETA, if the escort believes that there may be grounds for cancelling the temporary absence, the escort will notify the institution and/or immediately return the inmate to the institution.
  3. If a review is seen as necessary to address the nature of the situation and risk to public safety, possible interventions include:
    1. in cases where the inmate has absconded, he/she will be declared unlawfully at large
    2. staff will refer to the institutional contingency plans.
  4. Following the suspension of an ETA or series of ETAs, the Parole Officer/Correctional Officer II/ Primary Worker will complete an Assessment for Decision as soon as practicable, identifying the reasons for the suspension with a recommendation to either reinstate or cancel the ETAs. The inmate will be provided with a copy of the decision within five working days.
  5. Before the implementation of a UTA, the Institutional Head may cancel a UTA authorized by CSC or suspend any UTA authorized by the PBC, if the suspension is justified in order to protect society.
  6. The Institutional Head will advise the PBC in writing within 24 hours of the suspension of a UTA authorized by the PBC, and the reasons for any such decision.
  7. In situations where the Institutional Head decides to cancel a CSC authority UTA after its commencement, issuing a Warrant of Apprehension and Recommitment on Cancellation is at the discretion of the Institutional Head if the inmate can be returned to custody without risk to society.
  8. The authority of the Institutional Head to cancel or suspend a UTA may be exercised by the person responsible for the Parole Office. The person responsible will ensure that the respective institution is notified as soon as possible, and that the institution and the PBC are advised in writing within 24 hours of the decision to cancel or suspend the UTA and its reasons.
  9. If, during the period of the UTA, the inmate has breached the conditions, or in order to prevent a breach or for the protection of society, the person responsible for the Parole Office after hours may:
    1. cancel the UTA if it was authorized by CSC by issuing a Warrant of Apprehension and Recommitment on Cancellation of UTA
    2. suspend the UTA, if it was authorized by the PBC, by either issuing a:
      1. Warrant of Apprehension and Suspension of UTA
      2. Warrant of Recommitment on Cancellation of UTA, once the PBC has decided to cancel the UTA.
  10. Whenever a UTA is cancelled or suspended, the Parole Officer/Correctional Officer II/Primary Worker will complete an Assessment for Decision to detail the reasons for the cancellation or suspension, and recommend either “cancellation” of the UTA or “No Action”. The inmate will be provided with a copy of the report within five working days of the decision to cancel or suspend the temporary absence.

Evaluation upon Completion

  1. Pursuant to Annex G, all Temporary Absence permits will be attributed a completion code.
  2. A Post Temporary Absence/Work Release Evaluation Report (CSC/SCC 1082) as per Annex F will be completed by the escort immediately upon completion on all ETAs.
  3. Where applicable, the community Parole Officer supervising the UTA, or the institutional Parole Officer for all other UTAs not supervised by the community Parole Officer, will complete the Post Temporary Absence/Work Release Evaluation Report (CSC/SCC 1082) within 10 working days following the completion of the absence.

High Profile Offenders

  1. If a temporary absence involves an offender 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

DEFINITIONS

Case Management Team: the individuals involved in managing an offender's case, which include at a minimum the Parole Officer and the offender, and in institutions, the Correctional Officer II/Primary Worker.

Close personal relationship (includes extended family members for Aboriginal offenders): exists between two individuals and is normally characterised by situations in which:

  1. both individuals shared a close familial bond
  2. one of the individuals contributed significantly to the moral or spiritual development of the other
  3. both individuals were engaged in a long-term living arrangement or partnership
  4. both individuals shared significant life experiences that resulted in an enduring bond of friendship and trust
  5. for Aboriginal offenders, extended family members may include family relations that exist by birth, as well as significant others who are not related by birth, but are given the title of grandparent, parent, brother, sister, aunt, uncle or other relative.

High profile offender: an offender whose offence dynamics elicited or have a potential to elicit a community reaction in the form of significant public and/or media interest.

Immediate family: in respect of an offender, includes the following members of the offender's family:

  1. the offender's spouse or common-law partner
  2. a child of the offender or of the offender's spouse or common-law partner
  3. the father and mother of the offender or of the offender's spouse or common-law partner
  4. the spouse or common-law partner of the father or mother of the offender or of the offender's spouse or common-law partner
  5. the foster parent of the offender or of the offender's spouse or common-law partner
  6. a child of the offender's father or mother or a child of the spouse or common-law partner of the offender's father or mother.

Special condition: a condition imposed by the decision maker to manage risk and enhance public safety when an offender is under a conditional release or is subject to a long-term supervision order.

Victim Information: victim-related information, provided either in writing or verbally, for consideration as part of the overall case management process. This would include information provided by the victim and/or other sources. This also includes the court Victim Impact Statement, when available.

Victim Statement: a written statement provided by the victim pursuant to subsection 133(3.1) or 134(2.1) of the CCRA, describing the harm done or loss suffered as a result of the commission of an offence or the continuing impact of the commission of the offence on the victim - including any safety concerns ’ or commenting on the possible release of the offender, including any requests for non-association and/or geographic restriction conditions. The statement will be considered in the pre-release decision-making process for consideration to impose conditions to protect the victim.

Annex B

FREQUENCY AND DURATION LIMITS

Unescorted Temporary Absences (UTA)

Medical
  • For an unlimited period.
Administrative, Family Contact, Parental Responsibility, and Compassionate

A maximum total per month of:

  • 48 hours for inmates classified as medium security
  • 72 hours for inmates classified as minimum security.
Community Service and Personal Development

Up to a maximum of 15 consecutive days:

  • not more than three times a year for inmates classified as medium security
  • not more than four times a year for inmates classified as minimum security.
Specific Personal Development Program

Up to a maximum of 60 consecutive days; may involve, but is not limited to one or more outings per week, or include a specific number of hours per outing, in order to facilitate attendance/participation in such activities as:

  • a substance abuse program
  • ceremonies/events for cultural purposes, including those unique to Aboriginal offenders
  • Alcoholics Anonymous meetings
  • a sex offender treatment program
  • general or specialized education programs
  • technical training programs
  • family violence counselling sessions.

UTAs for specific personal development programs may be renewed by the decision authority who granted the original UTA for periods of up to 60 days each.

Escorted Temporary Absences (ETA)
  • ETAs will not normally exceed 8 hours. However, when special circumstances warrant, the Institutional Head may grant an ETA for the following periods:
Medical
  • An unlimited period.
Reasons other than medical
  • Up to five days
  • Over five days but not exceeding 15 days, subject to the approval of the Regional Deputy Commissioner.

The frequency of ETAs is at the discretion of the Institutional Head.

Annex C

GRANTING AUTHORITY

Escorted Temporary Absences (ETA)

  1. With the exception of ETAs for medical purposes, the Institutional Head has the authority to grant ETAs up to five days in duration.
  2. The Regional Deputy Commissioner must approve any ETA for reasons other than medical where the duration is more than five days but less than 15 days.

Escorted Temporary Absences for Offenders Serving a Life Sentence Imposed as Life Minimum

  1. Section 746.1 of the Criminal Code provides that, until an offender has reached day parole eligibility, any ETA that an Institutional Head could authorize for an offender serving a life sentence (first or second degree murder or high treason) must be approved by the PBC. However, this does not include ETAs for medical reasons or to attend judicial proceedings or a coroner's inquest, which can be granted by CSC at any time.
  2. Pursuant to subsections 17.1 and 17.1(1) of the CCRA, for inmates who are serving a sentence of life minimum and are eligible for day parole, the PBC is the granting authority for the ETA (other than for medical reasons or to attend judicial proceedings or a coroner's inquest).
  3. If, after an inmate has reached day parole eligibility, the PBC authorizes an ETA for community service, family contact, including parental responsibilities, personal development for rehabilitative purposes, and the ETA is not cancelled for a breach of a condition, the Institutional Head may authorize any subsequent ETA in relation to the inmate. (Note: An ETA for compassionate or administrative reasons granted by the PBC does not have the effect of allowing the Institutional Head the authority to approve subsequent ETAs.)
  4. However, pursuant to subsection 17.1(3) of the CCRA, if an ETA authorized by the Institutional Head is cancelled because the inmate breached a condition in relation to it, the inmate's subsequent ETA, other than for medical reasons or in order to attend judicial proceedings or a coroner's inquest, may be authorized only by the PBC.
  5. An ETA approved by the Institutional Head in circumstances referred to in paragraph 5 can be for a duration not to exceed 15 days.

Unescorted Temporary Absences (UTA)

  1. The Institutional Head has authority to grant UTAs to all eligible inmates not serving a sentence for any offence set out in Schedule  I or  II.
  2. Pursuant to subsection 117(1) of the CCRA, the PBC has conferred on all Institutional Heads the authority to grant UTAs:
    1. for medical purposes to all eligible inmates serving:
      1. life sentence imposed as a minimum punishment or commuted from a sentence of death
      2. a sentence for an indeterminate period
      3. a sentence for an offence set out in Schedule  I or  II
    2. for inmates serving a sentence for an offence on Schedule I, except where the offence:
      1. resulted in the death of or serious harm to another person, or
      2. is a sexual offence involving a child
    3. for all inmates serving a sentence for an offence on Schedule  II.
  3. The PBC is the granting authority for UTAs to eligible inmates serving:
    1. a life sentence imposed as a minimum punishment or commuted from a sentence of death
    2. a sentence for an indeterminate period
    3. a sentence for an offence set out in Schedule  I which resulted in either the death of or serious harm to the victim
    4. a sentence for a sexual offence involving a child.

Annex D

PROCEDURES FOR COMPASSIONATE ESCORTED TEMPORARY ABSENCES

The following procedures are intended to ensure the humane treatment of inmates by allowing them, to the extent possible, to attend the funerals of certain individuals. The procedures will assist the Case Management Team and the decision makers in determining:

  1. if there was a close personal relationship between the inmate and a deceased who was not an immediate family member
  2. the significance of any security or case management information that might be unfavourable to the absence.

Definitions

  1. For the purpose of these procedures, “immediate family” is defined as the offender's spouse or common-law partner, a child of the offender or of the offender's spouse or common-law partner, the father and mother of the offender or of the offender's spouse or common-law partner, the spouse or common-law partner of the father or mother of the offender or of the offender's spouse or common-law partner, the foster parent of the offender or of the offender's spouse or common-law partner, and a child of the offender's father or mother or a child of the spouse or common-law partner of the offender's father or mother.
  2. For the purposes of these procedures, a “close personal relationship” (including extended family for Aboriginal offenders) between two individuals is normally characterised by situations in which:
    1. both individuals shared a close familial bond
    2. one of the individuals contributed significantly to the moral or spiritual development of the other
    3. both individuals were engaged in a long-term living arrangement or partnership
    4. both individuals shared significant life experiences that resulted in an enduring bond of friendship and trust
    5. for Aboriginal offenders, extended family members may include family relations that exist by birth, as well as significant others who are not related by birth, but are given the title of grandparent, parent, brother, sister, aunt, uncle or other relative.

Establishing Close Personal Relationship

  1. The evaluation of the relationship between the inmate and the deceased must take into consideration the individual's cultural, ethnic or spiritual background.
  2. Evidence of a close personal relationship between the inmate and the deceased can come from a variety of sources, including:
    1. information provided by individuals
    2. accounts from various individuals, including the offender, may be used to determine the nature of the relationship with the deceased. Information provided by the offender should be corroborated whenever doubt exists about the objectivity of the individual. Elders, chaplains and spiritual advisors and psychologists are among those who should be considered as principal resources in determining the relationship between the offender and the deceased
    3. timely notification of death
    4. survivors of the deceased initiated contact with the offender and disclosed details of the funeral in a timely manner that would allow arrangements to be made for the offender's attendance
    5. file material
    6. pre-sentence or pre-trial reports, Post-Sentence Community Assessments, information about the offender's family and social history or any other report or document
    7. Community Assessments completed pursuant to notification of death
    8. statements from credible persons who have a first-hand knowledge of the relationship between the offender and the deceased. Special effort should be made to contact individuals who may be able to clarify the cultural, spiritual or ethnic significance of the relationship of the offender to the deceased, particularly leaders of the offender's religious or ethnic community
    9. Visits and Correspondence
    10. accounts of visits, letters and telephone calls
    11. information from community Elders or cultural/spiritual advisors.

Security Considerations

  1. The presence of security-related factors that cannot be fully addressed through the presence of two security escorts and the application of restraint equipment may be sufficient reason to deny the absence. Examples of such factors include, but are not limited to:
    1. a history of escapes from escort
    2. reliable information that individuals may intervene to effect the escape of the inmate
    3. reliable information that suggests the inmate may be in danger
    4. lack of secure facilities to hold the inmate if overnight travel is involved.

Case Management Considerations

  1. Case management staff play a critical role in evaluating the nature of the relationship between the offender and the deceased as well as the risk posed by the offender. In addition, the following case management related issues may be grounds for denying the escort:
    1. the need for essential medical or psychiatric treatment that could not be delivered while the offender was under escort
    2. a significant history of violence
    3. legal restrictions that apply to certain life sentences
    4. outstanding charges for serious offences.

Annex E

ASSESSMENT FOR DECISION FOR TEMPORARY ABSENCES - REPORT OUTLINE

INTRODUCTORY STATEMENT/CASE STATUS

  1. Provide a brief statement of the purpose of the report.

RISK ASSESSMENT

  1. Risk Factors

    i. Briefly analyze the inmate's risk factors, specific to the offence cycle as outlined in the Correctional Plan.

    ii. Incorporate actuarial assessments.

  2. Structured Plan for the Proposed Temporary Absence

    Indicate the purpose of, and the objectives the inmate must achieve while on temporary absence. Also include analysis of the current temporary absence relative to the inmate's Correctional Plan, including a specific assessment on the nature of the role of temporary absences in preparing the inmate for a gradual structured release to the community.


    In addition, indicate:

    i. In the case of a UTA:

    • destination
    • mode of transportation and travel time (if applicable)
    • length of the absence plus the additional time allotted for travel, if required
    • if applicable, conditions to protect the victim pursuant to subsection 133(3.1) of the CCRA
    • supervision requirements (i.e. reporting requirements to police/Parole Officer).

    ii. In the case of an ETA:

    • destination
    • duration
    • mode of transportation and travel time (if applicable)
    • type of escort personnel recommended (i.e., Correctional Officer, CSC staff other than Correctional Officer, contract chaplains, Elders or citizen escort) and the reasons for the recommendation. In determining the type of escort personnel, consider all information in this report as well as any behavioural and physical or mental health needs, intelligence information, the purpose and destination of the escort, mode of travel and time in transit, that might affect the choice of escort
    • type of restraint equipment (where required)
    • level of supervision (e.g. sight/sound)
    • include the precise nature of the supervision plan for the duration of the ETA.

OVERALL ASSESSMENT

Provide an overall assessment incorporating the following elements, as applicable and appropriate:

  1. 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)
  2. recent professional opinions regarding release such as physical or mental health care, police comments and/or previous CSC decisions (if applicable)
  3. 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)
  4. current risk
  5. indicate the likelihood of escape and the level of risk to public safety in the event of an escape
  6. inmate's current security level
  7. inmate engagement
  8. the inmate's progress against the objectives of his/her Correctional Plan
  9. outstanding factors requiring intervention
  10. an analysis of high risk behaviours or patterns observed during the sentence
  11. history of crime free periods and prior periods of supervision, including any previous failures on release (if applicable)
  12. inmate's understanding of risk factors and offence cycle, and how risk will be managed
  13. consider elements of Aboriginal social history (if applicable)
  14. for an inmate involved in a healing path, incorporate his/her understanding of the healing components of the Correctional Plan
  15. special conditions, including the rationale for and a statement on the duration (if applicable).

Assess victim information and indicate how the release plan will mitigate any identified risk. Pursuant to subsection 133(3.2) of the CCRA, if a victim statement has been provided pursuant to subsection 133(3.1) of the CCRA, consider whether any conditions are reasonable and necessary to protect the victim; the reasons to recommend a condition or not must be documented. If such a statement has not been provided, nothing precludes the author from recommending any conditions pursuant to subsection 133(3) of the CCRA.

If recommending the removal or modification of a condition which was imposed to protect a victim, consider every victim’s concerns pursuant to subsection 133(7) of the CCRA.

DISSENTING OPINION

RECOMMENDATION

Annex F

EVALUATION OF TEMPORARY ABSENCES - REPORT OUTLINE

  1. It is necessary to assess whether the plan for the absence has been met and what significance the success (or lack thereof) of the absence has for the inmate's individual Correctional Plan.
  2. The evaluation will include a balanced overview of the absence, related to the specific objectives outlined in the original decision and if applicable, identify and describe any problems apparent during the course of the absence.
  3. The reasons for any unsuccessful absence will be recorded and reviewed by the original decision maker before any previously approved temporary absences are actioned or before any new temporary absences are granted.
  4. A determination of whether or not the temporary absence is a success must be made and recorded in the evaluation.
  5. A temporary absence will be considered a success if the stated objectives of the absence are met and none of the conditions in relations to it has been breached.

Annex G

COMPLETION CODES FOR TEMPORARY ABSENCES - DESCRIPTIONS AND DEFINITIONS

CODE DESCRIPTION DEFINITION
01 Breach of condition

Following the offender's return to the institution, it became apparent that one or more conditions had been violated, but no administrative action was taken during the course of the temporary absence because the violation went undetected.

Note: Recoding to code 06 will be required once a conviction for a disciplinary offence mentioned in code 06 is obtained.

02 Detained by police The offender was detained by the police and remained in police custody beyond the expiry of the Temporary Absence Permit and a warrant was not issued.
03 Deceased The offender died during the time of the temporary absence.
04 Did not participate The offender refused to participate, or was unable to participate, in a group ETA following the creation of the permit but prior to the start of the release.
05 Extension

An extension of the time of return specified in the permit will normally be authorized prior to the offender's return to the institution. However, when the offender is late for reasons beyond his/her control and is unable to contact the institution beforehand, the officer-in-charge or Parole Officer may approve it after the fact.

Note: Recoding will be required if, subsequent to the offender's return, conditions described in any one of the following codes applies: 01, 06 or 08.

06 Offender convicted of being under the influence of an intoxicant and/or in possession of contraband upon return to the institution The offender returned to the institution either late or on time but was subsequently convicted of being under the influence of an intoxicant and/or of being in possession of contraband upon return.
07 Late

The offender returned to the institution late but was not declared unlawfully at large and a warrant was not issued.

Note: Recoding will be required if, subsequent to the offender's return, conditions described in any one of the following codes applies: 01, 06, or 08.

08 Objective of temporary absence not met

This code should be used when all of the following conditions apply:

1. The offender returned from the temporary absence on time.

2. None of the following codes applies: 01, 02, 06, 10, or 11. These codes take precedence over code 08.

3. One or more of the objectives stipulated in the temporary absence were not met for reasons directly related to the offender's performance even though no conditions were breached and no offences were committed. For example, in the case of a temporary absence, the offender was to attend a family gathering but failed to appear.

4. The failure to meet stated objectives is deemed to be serious enough to prevent the granting of further absences until related concerns are fully addressed. For example, in the case of a temporary absence, the objective of the absence was to attend a job interview, but the offender failed to keep the appointment because he spent time with friends. In this instance, remedial action in the form of counselling or living skills instruction may be required before further absences are granted.

Note: Recoding will be required once the violation has been substantiated. Codes 01, 02, 06, 10, or 11 take precedence over code 08.

09 On time

The offender returned on or before the time specified on the permit.

Note: Recoding will be required if, subsequent to the offender's return, conditions described in any one of the following code definitions applies: 01, 06, 08.

10 Temporary absence suspended The temporary absence was suspended while in progress.
11 UAL The offender failed to return to the institution and was declared unlawfully at large.
12 Work release terminated The offender was on an ETA at the same time as the work release and went unlawfully at large while on the temporary absence OR the work release was terminated for reasons beyond the control of the offender, e.g., the host organization no longer had a need for the offender's services.
13 Work release suspended The work release was suspended while in progress.
14 Temporary absence terminated The temporary absence was terminated for reasons beyond the control of the offender.

For more information

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