Commissioner's Directive

Transfer of Inmates

AUTHORITIES

PURPOSE

  • To effectively manage institutional populations by transferring inmates to an environment consistent with their security requirements
  • To transfer inmates to allow them to participate in correctional programs and/or other interventions as identified in their Correctional Plan

APPLICATION

Applies to staff involved in the inmate transfer process

RESPONSIBILITIES

  1. The Regional Deputy Commissioner is authorized to approve a section 81 transfer.
  2. The National Transfer Coordinator will:
    1. coordinate all inter-regional and international flights
    2. establish a schedule of the planned inter-regional flights one year in advance
  3. The Assistant Deputy Commissioner, Institutional Operations, will ensure that a process is in place for the review of those cases awaiting transfer for 120 days or more.
  4. The Regional Transfer Coordinator:
    1. is responsible for the coordination of the transfer process within and between the regions
    2. will gather all necessary information to support the inter-regional and international transfer operations (e.g. medical, psychological, security)
  5. The Institutional Head will:
    1. sign all transfer warrants, with the exception of those from the Special Handling Unit
    2. 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
    3. indicate in the inmate's final transfer decision whether there are incompatibles at the receiving institution (also indicate if there are no concerns), and make reference to the consideration given to the rebuttal, if any
    4. notify the receiving institution of all approved intra-regional transfer decisions
    5. ensure that a process is in place to receive incoming transfer notifications
    6. when there is new information regarding risk and needs that would impact on the viability of the transfer, communicate with the receiving institution within 24 hours prior to effecting a transfer
    7. ensure that all outstanding reports required within 30 days of transfer of an inmate are completed by staff at the sending institution
    8. ensure policies and procedures for high profile offenders are followed pursuant to CD 701 – Information Sharing
    9. ensure processes outlined in CD 784 – Information Sharing Between Victims and the Correctional Service of Canada are respected
  6. The Assistant Wardens, Interventions, of the sending and receiving institutions will ensure a process is in place for case conferences prior to the transfer.
  7. The Assistant Warden, Management Services, will ensure that all files are transferred with the inmate, with the exception of emergency transfers (refer to the Emergency Transfers section).
  8. The Manager, Assessment and Interventions/Manager, Intensive Intervention Strategy, will:
    1. ensure institutional Parole Officers are familiar with the section 81 transfer process pursuant to GL 710-2-1 – CCRA Section 81: Admission and Transfer of Offenders
    2. review submissions for transfer and make recommendations to the Institutional Head
  9. The Parole Officer/Primary Worker will:
    1. process inmate applications for transfer within the timeframes prescribed in Annex B
    2. inform inmates of their rights under section 81 of the CCRA pursuant to GL 710-2-1 – CCRA Section 81: Admission and Transfer of Offenders
    3. ensure information is provided to the Victim Services Unit and consider relevant victim information pursuant to CD 784 – Information Sharing Between Victims and the Correctional Service of Canada
  10. The Aboriginal Liaison Officer will:
    1. support and promote the provision of section 81 of the CCRA pursuant to GL 710-2-1 – CCRA Section 81: Admission and Transfer of Offenders
    2. provide input to the Parole Officer/Primary Worker regarding transfer recommendations as applicable
  11. 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 inmate, the personal effects and all of the files.

PROCEDURES

General Transfer Process

  1. Every movement between institutions requires a transfer warrant, with the exception of:
    1. a temporary placement at another institution which is governed by a Memorandum of Understanding
    2. a transfer from a section 81 Healing Lodge to a federal facility which may be processed with a letter of withdrawal of support. However, a transfer warrant must follow as soon as possible
    3. a movement within a multi-level institution, as a result of a change in security classification, where the decision does not result in a transfer to another institution
    4. following the capture of an offender who had escaped or who was unlawfully at large
  2. For a movement between institutions for segregation purposes where there is no existing Memorandum of Understanding, a transfer warrant is required but not an Assessment for Decision.
  3. Delegation of authority regarding the transfer decision, timeframes for transfer decision and inmate's notification are outlined in Annex B.
  4. 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.
  5. The sending institution will ensure that, prior to a transfer, the following documentation is translated in the majority official 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 most recent 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 Fingerprint System Summary (FPS)
    12. all trial related reports and documentation
  6. For inter-regional transfers, the Regional Victim Services Manager will ensure that all victim files for the offender are transferred to the Victim Services Unit in the receiving region and that translation of documents (according to the victim services protocol on inter-regional transfers) is completed prior to the transfer.
  7. 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.
  8. Inmates will normally not be transferred within two months prior to a scheduled hearing by the Parole Board of Canada (PBC). 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.
  9. The inmate will be interviewed within 24 hours of arrival at the receiving institution to complete the immediate needs assessment as outlined in CD 705-­3 – Immediate Needs Identification and Admission Interviews.
  10. Transfers under Exchange of Service Agreements with provinces and territories, or under section 81 agreements with Aboriginal communities, will be managed according to the provisions of the respective agreement, or the decision making authority outlined in Annex B.

Co-Convicted Inmates

  1. Co-convicted inmates under current sentence for an offence resulting in serious harm or death 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, will:
    1. not be accommodated in the same cell
    2. whenever possible, will not be accommodated on the same range, unit, or in the same institution

Suicide and Self-Injury Considerations

  1. 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. (Refer to CD 843 – Management of Inmate Self-Injurious and Suicidal Behaviour.)
  2. An exception applies to an inmate in a minimum security institution who requires high or modified suicide watch or mental health monitoring. If this cannot be facilitated at the parent institution, the inmate will be transferred to an appropriate institution.
  3. In the case of an inmate who is identified as requiring high or modified suicide watch, the transfer will not be effected until:
    1. a case conference/teleconference is held between the mental health teams of the sending and receiving facilities and is documented
    2. the receiving facility completes an interim management plan for the inmate. This will be completed as soon as reasonably possible, but within seven days of the case conference
  4. In the case of an inmate who is identified as requiring a suicide watch observation level, a transfer from a community mental health facility will not be effected until:
    1. a case conference/teleconference is held between the mental health teams of the sending and receiving facilities to discuss the Discharge Plan and this is documented by the receiving facility
    2. the receiving facility completes an interim management plan for the inmate. This will be completed as soon as reasonably possible, but within seven days of the case conference
  5. An exception regarding the completion of an interim management plan may be made in the event of an emergency transfer. A case conference/ teleconference between the sending and receiving facilities must occur prior to the transfer to ensure exchange of information.
  6. 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.

Voluntary Transfers

  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. consult with the receiving institution to discuss the appropriateness of all intra-regional transfers
    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
    4. request and/or complete a Community Assessment, if required
    5. notify the inmate of the final transfer decision and associated reasons as indicated in Annex B.
  2. When the transfer is to provide the inmate access to his/her home community and family, the institutional Parole Officer/Primary Worker may confirm support, by a telephone contact, with the community resource in the area to which the inmate wishes to transfer pursuant to CD 715-3 – Community Assessments. This contact will be recorded by way of a Casework Record or documented in the Assessment for Decision for Transfer.
  3. If a transfer is denied, a review of any subsequent transfer application is not required more than once every six months, unless supported by the Case Management Team.

Involuntary Transfers

  1. Pursuant to section 12 of the CCRR, the Institutional Head or designate will:
    1. meet with the inmate prior to the transfer to explain the reasons for the transfer and, pursuant to CD 701 – Information Sharing, provide him/her with:
      1. the written involuntary transfer recommendation or letter of withdrawal of support from a section 81 Healing Lodge
      2. the Assessment for Decision
      3. any other information that will be used in the decision making process
    2. advise the inmate of his/her right to legal counsel without delay
    3. provide the inmate two working days to respond to the proposed 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"
  2. 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.
  3. In the event that the destination institution changes prior to transfer, a second notification will be provided and the inmate will be given the opportunity to provide a rebuttal (in writing or in person) to the recommendation. The transfer process is re-initiated and the timeframe is re-applied.
  4. The inmate will be provided with a written notice of the final decision and the associated reasons via the CSC Board Review/Decision Sheet.
  5. The CSC Board Review/Decision Sheet will be provided to the inmate:
    1. at least two days before the transfer, unless the inmate consents to a shorter period or waives the two-day period on the CSC Board Review/ Decision Sheet, if the final decision is to transfer the inmate, or
    2. within five working days of the decision being made, if the decision is not to transfer the inmate
  6. When a change in the security classification of a woman inmate results in a movement to a different security level unit within the same institution, the involuntary transfer process as outlined in this section will be followed.

Emergency Transfers

  1. When an emergency transfer takes place, the inmate will be advised, in writing, of his/her right to legal counsel without delay.
  2. The Institutional Head will notify the designated person at Regional Headquarters and the receiving institution prior to transferring an inmate or at the first possible opportunity thereafter.
  3. A case conference between institutional staff will take place prior to the inmate's transfer or as soon as possible thereafter.
  4. When the majority of the files are in an official language different from that of the receiving institution, the Institutional Head of the sending institution will ensure that the relevant health care and security information is communicated in advance in the language of the receiving institution, and document the sharing of information.
  5. The Institutional Head of the sending institution will issue and sign the transfer warrant. When the inmate is being transferred from a section 81 Healing Lodge, the Director of the Healing Lodge will issue a letter of withdrawal of support. This letter will be used for the movement of the inmate and a transfer warrant will be issued as soon as possible.
  6. The transfer warrant, the Health Care, Psychology and Preventive Security files will accompany the inmate. The remaining inmate files will be transmitted to the receiving institution the following working day.
  7. The Institutional Head of the receiving institution or designate will:
    1. meet with the inmate within two working days after the transfer to explain the reasons for the transfer and, pursuant to CD 701 – Information Sharing, provide him/her with:
      1. the written involuntary transfer recommendation or letter of withdrawal of support from a section 81 Healing Lodge
      2. the Assessment for Decision
      3. any other information that will be used in the decision making process
    2. provide the inmate two working days to respond to the proposed 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"
    3. advise the inmate of his/her right to legal counsel without delay
    4. forward the inmate's response to the appropriate decision maker outlined in Annex B
  8. The inmate will be provided with a written notice of the final decision and the associated reasons via the CSC Board Review/Decision Sheet within five working days following the final decision.

Inter-Regional Transfers

  1. An inter-regional transfer will be considered in cases where such a transfer will assist the inmate in achieving the objectives identified in his/her Correctional Plan.
  2. When the transfer is to provide the inmate access to his/her home community, a confirmation of support is required.
  3. To 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 in the receiving region, an inter-regional transfer will normally be approved. In such cases, the Assessment for Decision must provide a detailed account of the alternative options to segregation that were considered.
  4. The Parole Officer/Primary Worker will advise an inmate applying for an inter-regional transfer that:
    1. although he/she may indicate a preference, the receiving region will determine the placement institution once the inter-regional transfer has been approved
    2. refusal or failure to integrate at the receiving institution may result in his/her transfer to another institution and/or region
  5. If the transfer is supported by the Institutional Head, the sending institution will inform the sending Regional Transfer Coordinator when the documentation is completed for his/her review.
  6. The Regional Transfer Coordinator of the sending region will review the documentation and provide a recommendation to the decision maker outlined in Annex B.
  7. If the application is denied by the sending institution or the sending region, the inmate will be informed in writing as noted in Annex B.
  8. If the application is supported, the documentation will be forwarded to the receiving Regional Transfer Coordinator.
  9. The Regional Transfer Coordinator of the receiving region will review the transfer documentation, assess the request, consult the proposed receiving institution, and provide the decision maker with a written recommendation.
  10. When the receiving region proposes a transfer to an alternate institution, the region will request that the inmate submit a transfer application to the proposed institution. If the inmate disagrees with the proposed institution, the receiving region will make a decision.
  11. 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 in turn notify institutional staff, who will promptly notify the inmate as outlined in Annex B.
  12. Procedures for inter-regional and international transfers are outlined in Annex D.

Transfers to the Special Handling Unit

  1. The inmate's rebuttal to a decision to be transferred to the Special Handling Unit will be forwarded to the regional decision maker of the sending region.

Transfers to and from a Section 81 Healing Lodge

  1. Refer to GL 710-2-1 – CCRA Section 81: Admission and Transfer of Offenders.

Transfers for Program Participation, Treatment or Assessment

  1. These procedures do not apply to transfers to and from a section 81 facility or the Special Handling Unit.
  2. For an intra-regional transfer, an Assessment for Decision is not required for:
    1. admission to beds designated under provincial mental health legislation at CSC Regional Treatment/Psychiatric Centres
    2. program participation in an institution of the same security level, or
    3. a return to a parent institution from a or b
  3. For the above-noted cases, a CSC Board Review/Decision will be completed by the Manager, Assessment and Interventions/Manager, Intensive Intervention Strategy, and include the following:
    1. information from the Security Intelligence Officer
    2. comments from the receiving institution
    3. recommendation from the Case Management Team consistent with the objectives identified in the Correctional Plan
    4. the Executive Director/Institutional Head's final decision
  1. Prior to the transfer or admission to a treatment centre, the inmate will be informed that:
    1. upon completion of the treatment plan, the assessment or the provision of the required health services, he/she will be returned to the parent institution
    2. failure to fully participate in programming may result in a discharge from the treatment centre and, under normal circumstances, the inmate will be voluntarily returned to the parent institution
  2. When the inmate does not want to return to the parent institution and has been at the receiving institution for less than 60 days, the parent institution is responsible for completing the casework.
  3. Should the receiving institution, following consultation with the parent institution, make the decision to transfer the inmate to another institution than the parent institution, the procedures and timeframes associated with the type of transfer will apply.
  4. When an inmate has been transferred to a treatment centre for assessment purposes and is being recommended for admission, the Executive Director or a designated staff member will:
    1. provide the inmate with written notice of the recommendation including the reasons for the recommendation. This information will be documented in a Memo to File
    2. meet with the inmate to explain the reasons for the recommendation and provide him/her with an opportunity to respond to the recommendation in person or in writing. In cases where the inmate responds in person, his/her response must be documented in a Casework Record
    3. provide the inmate two working days to prepare a response to the proposed admission
    4. advise the inmate of his/her right to legal counsel without delay
  5. Upon consideration of the inmate's rebuttal to the recommendation to admit him/her to a treatment centre, the Executive Director or the designated staff member will provide the inmate with a written notice of the final decision and rationale within two working days of the decision being rendered.
  6. If an inmate has been certified or ordered under the relevant provincial mental health legislation, there must be a pre-requisite of discharge before a transfer can occur, which falls under the authority of the medical professionals.

Interjurisdictional Transfers

  1. Refer to CD 541 – Interjurisdictional Agreements for the applicable Exchange of Services Agreements and the procedures for a transfer to a provincial facility.

Transfers for Judicial Review of Parole Ineligibility or for Attendance at Other Court Proceedings

  1. An inmate eligible for judicial review of parole ineligibility will be voluntarily 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.
  2. 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.
  3. The procedures outlined for intra-regional and inter-regional transfers will apply to judicial review of parole ineligibility.
  4. In the absence of a court order, and with the exception of cases at the Special Handling Unit, the Institutional Head may authorize the transfer of an inmate to another penitentiary or to a provincial correctional facility where the transfer is necessary to facilitate the inmate's attendance at a court proceeding.
  5. Depending on the length of time an inmate has been in an institution other than his/her parent institution due to court matters, the respective Institutional Heads will discuss the responsibility of case preparation and the necessity for transfer.

Transfers of High Profile Inmates

  1. If it is determined that the proposed transfer is likely to generate significant public interest, a High Profile Memo will be completed pursuant to CD 701 – Information Sharing.

PROCEDURES FOR TRANSFER FLIGHTS

  1. Refer to Annex D for inter-regional and other transfer flights procedures.

ENQUIRIES

  1. Strategic Policy Division

National Headquarters
Email: Gen-NHQPolicy-Politi@csc-scc.gc.ca

Commissioner,

Original Signed by:
Don Head

ANNEX A

CROSS-REFERENCES AND DEFINITIONS

CROSS-REFERENCES

CD 081 – Offender Complaints and Grievances
CD 084 – Inmates' Access to Legal Assistance and the Police
CD 352 – Inmate Clothing Entitlements
CD 541 – Interjurisdictional Agreements
CD 550 – Inmate Accommodation
CD 567-1 – Use of force
CD 568-1 – Recording and Reporting of Security incidents
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
CD 710-5 – Judicial Review of Parole Ineligibility
CD 715-2 – Post-Release Decision Process
CD 784 – Information Sharing Between Victims and the Correctional service of Canada
CD 800 – Health Services
CD 803 – Consent to Health Service Assessment, Treatment and Release of Information
CD 843 – Management of Inmate Self-Injurious and Suicidal Behaviour
CD 850 – Mental Health Services

Canadian Aviation Security Regulations, 2012
Discharge Planning Guidelines: A Client-Centred Approach
Offender Records System User's Guide
Policy on Government Security

DEFINITIONS

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

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

Clinical admission: voluntary or involuntary admission to a hospital under the authority of the Clinical Director (or Admitting Psychiatrist) and consistent with relevant mental health legislation.

Emergency transfer: the transfer of an offender on an involuntary basis when there is immediate risk to the public, staff or offenders that cannot be managed within the current site.

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.

Mental health professional: CSC staff and contractors who offer services for the purposes of improving an offender's mental health and are registered or licensed in Canada, preferably in the province/territory of practice. Individuals will operate within their scope of practice and competence. Examples include Psychologists, Psychiatrists, Physicians, Nurses, and Clinical Social Workers.

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 INMATE'S NOTIFICATION

TRANSFER TYPE

DECISION MAKER

TIMEFRAMES FOR DECISION

TIMEFRAMES FOR NOTIFICATION

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, Institutional Operations, of the receiving region. The Institutional Head 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

Out of region movement via a warrant of committal from provincial custody to federal custody

The Regional Deputy Commissioner, or Assistant Deputy Commissioner, Institutional Operations, of the receiving region

The inmate will be transferred from provincial custody upon the expiration of the 15-day delay, unless he/she agrees to be transferred before the expiration

Inmates will be notified as soon as practicable

Intra-regional transfer
(voluntary and involuntary, including emergency and program participation to same security level)

The Institutional Head of the sending institution, with the exceptions noted above under "Penitentiary placement"
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 the time the inmate is provided with the Notice of Involuntary Transfer Recommendation (CSC/SCC 0893)
  • In cases where the inmate rebuts, within 30 days of the provision of the Notice of Involuntary Transfer Recommendation (CSC/SCC 0893) 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 transfer
(voluntary and involuntary, including emergency and court purposes)

In cases where the sending institution or the sending region is not in favour of the inter-regional transfer, 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, Institutional Operations, of the receiving region

Note: Emergency transfers may be effected after consultation between Regional Headquarters at both the sending and receiving regions

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 time the inmate is provided with the Notice of Involuntary Transfer Recommendation (CSC/SCC 0893)
  • In cases where the inmate rebuts, within 45 days of the provision of the Notice of Involuntary Transfer Recommendation (CSC/SCC 0893) 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

Transfer to the Special Handling Unit for assessment purposes or on an emergency basis

Regional Deputy Commissioner of the sending region or the person acting in the incumbent's absence

 

The Institutional Head of the sending institution recommends the transfer

The timeframes for involuntary or emergency transfers apply

Emergency
Within five working days after the final decision, including the reasons for the decision

Admission to the Special Handling Unit after assessment

Senior Deputy Commissioner or designate

National Advisory Committee (as defined in CD 708 – Special Handling Unit) recommends placement after assessment

Up to four months to complete the assessment and 30 days to make a decision

Within two working days after the final decision, including the reasons for the decision

Transfer from the Special Handling Unit

Senior Deputy Commissioner, on the recommendation of the National Advisory Committee (as defined in CD 708 – Special Handling Unit)

Timeframes for voluntary or involuntary intra or inter-regional transfers apply

Timeframes for voluntary or involuntary intra or inter-regional transfers apply

Transfer to and from 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

The Regional Deputy Commissioner is authorized to approve a section 81 transfer. Timeframes for decision stay the same

The timeframes for voluntary transfers 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 psychiatric/treatment centre, or mental health unit, for assessment purposes (CSC-operated facilities)

Executive Director

In cases of transfers from the Special Handling Unit, the Senior Deputy Commissioner, after consultation with the Executive Director pursuant to CD 708 – Special Handling Unit

In cases of inter-regional transfers, the Regional Deputy Commissioner, or the Assistant Deputy Commissioner, Institutional Operations, of the receiving region after consultation with the Executive Director

For transfers to a psychiatric/treatment centre, or mental health unit, the Institutional Head of the sending institution recommends the transfer

Depending on the nature of the transfer, the timeframes for voluntary, involuntary or emergency transfers apply

Depending on the nature of the transfer, the timeframes for voluntary, involuntary or emergency transfers apply

Placement in the psychiatric/treatment centre or mental health unit, after assessment

Executive Director

The Mental Health Team or Psychologist recommends placement after assessment

Up to three months to complete the assessment and up to 30 days thereafter to make a decision

Within two working days after the final decision, including the reasons for the decision

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 recommends the transfer

Depending on the nature of the transfer, the timeframes for voluntary, involuntary or emergency transfers apply

Transfers to hospitals will comply with the relevant provincial mental health legislation

Depending on the nature of the transfer, the timeframes for voluntary, involuntary or emergency transfers apply

Transfer to and from CSC Aboriginal Healing Lodge

For intra-regional transfers, the Director of the receiving Healing Lodge makes the final decision. The Institutional Head of sending institution recommends the transfer

When the transfer involves an inter-regional transfer and the sending institution or the sending region is not in favour of the inter-regional transfer, a decision is rendered at that time and the case is not forwarded to the proposed receiving region.
The Regional Deputy Commissioner or delegate of the receiving region is the decision maker

Note: For inter-regional transfers, the Director of the Healing Lodge must be willing to accept the inmate

Depending on the nature of the transfer, the timeframes for voluntary, involuntary or emergency transfers apply

Depending on the nature of the transfer, the timeframes for voluntary, involuntary or emergency transfers apply

International transfer (to and from Canada)

Minister of Public Safety

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 decision has been rendered

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 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 whose association or whose 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
  1. Indicate the length of sentence, current offence(s), outstanding charges or appeals, immigration/deportation/extradition status
  2. Confirm the presence and level of support when the purpose of a transfer is to gain access to family and community support
  3. 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)
    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 offender
  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. if there are any physical or mental health concerns (pursuant to section 87 of the CCRA) as identified by Health Care/Psychology 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

DISSENTING OPINION

RECOMMENDATION

The following will be incorporated into the Overall Assessment for decision on:

Involuntary transfers

Analyze the 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 behaviour 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 when any of this 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.

Indicate that the rebuttal has been taken into consideration.

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

Transfer to the Special Handling Unit

Provide an analysis of the inmate's behaviour to date as well as an assessment of the inmate's potential for continued violent behaviour that poses serious risks to staff or inmates in a lesser security institution. The reason for the transfer to the Special Handling Unit as the only reasonable alternative should be clear.

ANNEX D

PROCEDURES FOR INTER-REGIONAL AND INTERNATIONAL TRANSFERS VIA AIR

  1. A schedule of the planned inter-regional flights is established one year in advance. The dates are usually set in the fall, to coincide with planned quarterly international transfers from the United States. This schedule does not include other non-planned flights.

INTER-REGIONAL TRANSFERS

Three Weeks Prior to the Transfer

  1. The Director, Institutional Reintegration Operations, will approve the initial itinerary for each transfer in order to seek an air carrier.
  2. The Finance Officer, Institutional Reintegration Operations, will solicit and confirm the availability of air carriers.
  3. The Finance Officer, Institutional Reintegration Operations, will advise the National Transfer Coordinator of the selected air carrier and its capacity.
  4. The National Transfer Coordinator will advise the Regional Transfer Coordinators of the selected air carrier and its capacity, as well as confirm the dates of the transfer.
  5. The National Transfer Coordinator will request the lists of the proposed transfers from the Regional Transfer Coordinators.
  6. The Regional Transfer Coordinators, in consultation with the operational units of their respective region, will develop a regional list of inmates to be transferred inter-regionally via air. This list must consist of names of inmates who have been approved for transfer and for whom a designated institution has been identified.

Seven Working Days Prior to the Transfer

  1. The Director, Institutional Reintegration Operations, will approve the final itinerary and air carrier.
  2. The Finance Officer, Institutional Reintegration Operations, will commit the funds for the services of the selected air carrier.
  3. The Institutional Head will ensure that the Regional Transfer Coordinator is notified of any requirements for a high risk escort, special medical escort or other special needs. The Regional Transfer Coordinator will advise the National Transfer Coordinator immediately.
  4. The Regional Transfer Coordinator will provide to the National Transfer Coordinator a list of confirmed inmates to be included on the national inter-regional transfer list.
  5. The National Transfer Coordinator will submit the national inter-regional transfer list to the Security Intelligence Unit at National Headquarters in order that the Threat Risk Assessments may be completed.
  6. The National Transfer Coordinator will advise the Regional Transfer Coordinator responsible for the onboard escort team of the number of escorting officers and Correctional Managers required on the plane to form a secure team.
  7. When it is determined that a Nurse is required onboard, the National Transfer Coordinator will ensure the arrangements are made.
  8. The names of the escorting officers, Correctional Managers and Transfer Coordinator on the plane will be identified as follows:
    1. preferably one week prior to the Pacific and Atlantic inter-regional transfers, but no later than 48 hours prior to the transfer
    2. preferably two days prior to an inter-regional emergency transfer, but no later than 24 hours prior to the actual event

Three Working Days Prior to the Inter-Regional Transfer

  1. The Assistant Wardens, Operations, will ensure that institutional staff complete a Threat Risk Assessment for security escort for all inmates leaving their institutions.
  2. The Preventive Security and Intelligence Unit at National Headquarters will submit to the National Transfer Coordinator the Threat Risk Assessments pertaining to inmates confirmed on the flight.
  3. The National Transfer Coordinator will submit the final national inter-regional transfer list, including the National Threat Risk Assessments, to the Senior Project Manager, Institutional Reintegration Operations, for recommendation. This list will then be submitted to the Director, Institutional Reintegration Operations, for approval.
  4. Any deviation on an approved itinerary must be approved by the Director, Institutional Reintegration Operations.
  5. The National Transfer Coordinator will forward the final list of inmates to be transferred to the following authorities:
    1. the Regional Transfer Coordinators
    2. the air carrier (the list will not contain personal identifiers such as the Fingerprint System number)
  6. Each institution will submit to their respective Regional Transfer Coordinator the names of the correctional staff who will participate in the ground escort to the airport, as well as the names of those responsible for the ground armed support on the tarmac.
  7. The National Transfer Coordinator will maintain a list of all landing points (including the designated hangar at each airport) that are planned for mandatory stops, and provide this list to the Correctional Managers participating in the transfer and to the Senior Project Manager, Institutional Reintegration Operations. This list will contain the name of the airport, address and telephone number of all planned meeting points during the flight. It will also include contact information (office and cell phone number) of all Regional Transfer Coordinators, and the National Transfer Coordinator. This information will also appear on the national transfer list of inmates.

Roles and Responsibilities

  1. In the absence of a Regional Transfer Coordinator, a designated replacement must be named and this information will be shared with the National Transfer Coordinator.
  2. In the absence of the National Transfer Coordinator, a designated replacement must be named and this information will be shared with the Regional Transfer Coordinators.

Procedures for the Transfer Operation

  1. The Regional Transfer Coordinators will forward the National Inter-Regional Transfer List, including the National Threat Risk Assessments, to the Assistant Warden, Operations.
  2. Based on the above-noted transfer list, the Assistant Warden, Operations, will confirm the following transfer requirements:
    1. the dates of the inter-regional transfer, as well as the proposed arrival times at each location
    2. correctional staff traveling on any aircraft will not carry any firearm or inflammatory agent (e.g. OC spray)
    3. two ground support officers normally from the closest institution will provide armed support on the tarmac
    4. three days prior to the transfer, the Regional Transfer Coordinators will confirm to the National Transfer Coordinator via email, the two armed ground support Correctional Officers at each anticipated landing location, including fuel stops in their pertinent region
    5. the two officers providing ground armed support will arrive 30 minutes prior to the flight's arrival and remain on site 30 minutes after the plane's departure to deal with any potential event
    6. the officers must be armed with a Colt AR-15 9 mm carbine, and a 9 mm pistol as the secondary firearm
  3. If the inter-regional flight must land at a location where no inmates are exchanged, note that the presence of ground armed support officers is required nonetheless. This will be coordinated by the National Transfer Coordinator with the assistance of the Regional Transfer Coordinators.

Medical Needs

  1. Any inmate who may require medical assistance during an inter-regional transfer must be cleared to travel by a physician prior to leaving the sending institution. The need for a nurse to be part of the escort team must be planned in advance.

Administrative Requirements for Boarding

  1. The sending institution will:
    1. upon receipt of the flight list, review the files of all incoming inmates from the respective sites to ensure no new security concerns have arisen since the inmates were originally approved for transfer
    2. place the transfer warrant in an individual clear plastic sleeve protector with the Standard Profile (with a quality picture of the inmate), inserted back to back such that both documents can be easily read through the plastic
    3. place the Threat Risk Assessment for security escort in between the transfer warrant and Standard Profile
    4. a Health Services Transfer Summary (CSC/SCC 0377-01) is required for each inmate, even though there may be no concerns. This form will be placed in a sealed envelope with the required medication
    5. submit items in b, c and d above to the Onboard Transfer Coordinator at the airport
    6. in the case of an inmate being moved from a provincial custody directly to an out of region institution, the warrant of committal must accompany the inmate and be submitted to the Onboard Transfer Coordinator
    7. in accordance with CD 352 – Inmate Clothing Entitlements, all inmates on the flight must be outfitted with proper attire to sustain any adverse weather conditions that could be present during the exchange of custody at the airport
    8. if force is used during the transfer, a copy of the Statement/Observation Report (CSC/SCC 0875) must be immediately transmitted to the National Transfer Coordinator and the procedures outlined in CD 568-1 – Recording and Reporting of Security Incidents and CD 567-1 – Use of Force must also be followed

Post-Operation (Inter-Regional Transfers)

  1. Upon completion of the transfer, the Onboard Transfer Coordinator must complete the Post-Operation Report and submit it to the Director, Institutional Reintegration Operations, no later than two working days after the completion of the transfer.
  2. Any concerns regarding the service provided, air quality, food, mechanical problems or equipment damaged during a flight will be reported by the Onboard Transfer Coordinator in a Statement/ Observation Report (CSC/SCC 0875).
  3. The Institutional Reintegration Operations Division at National Headquarters will coordinate a post-transfer operation teleconference with the Regional Transfer Coordinators.
  4. All submissions for overtime and other expenditures will be submitted to the Director, Institutional Reintegration Operations, no later than 60 days following the operation via budget transfer.

INTERNATIONAL TRANSFERS TO CANADA

Roles and Responsibilities

  1. The Minister of Public Safety authorizes the transfer of inmates from foreign countries to Canada. The actual international transfer operation is planned by the Senior Analyst of the International Transfers Unit. This includes when, how and where the inmate(s) will return to Canada. It should be noted that when there is a requirement for any transit stop, either foreign or domestic, no further transfer decision is required. The operation is conducted on the strength of the approval for transfer by the Minister.

International Transfer Procedures

  1. The Senior Manager of the International Transfers Unit at National Headquarters will notify the National Transfer Coordinator and relevant Regional Transfer Coordinator(s) of an impending transfer. He/she will include the sending country, the agreed upon date of transfer, the number and gender of inmates returning to Canada and their region of choice.
  2. Unless there are specific timeframes previously agreed upon with the sending country, six weeks prior to the transfer, the Senior Manager of the International Transfers Unit will send a letter to the relevant Institutional Head requesting to provide to the National Transfer Coordinator, through the Regional Transfer Coordinator, no later than four weeks before the transfer, the names, gender and rank of the escort team members, as well as their date of birth, passport number and the expiry date of their passport.
  3. The National Transfer Coordinator will research travel options and provide the Senior Manager of the International Transfers Unit with cost breakdowns.
  4. The proposed option is recommended by the Senior Manager of the International Transfers Unit, and approved by the Director, Institutional Reintegration Operations.
  5. When selecting escorts, the Institutional Head will ensure that each escorting officer has a valid passport as well as sufficient funds to cover expenses during the operation.
  6. The Institutional Head will ensure that each escorting officer completes a Travel Authority and Advance (TAA) form.
  7. When necessary, the National Transfer Coordinator will provide the Regional Transfer Coordinator and the selected escort officers with the relevant information related to destination and cost (accommodation, meals, rates of exchange, visas, etc.) to assist them in completing their respective TAA forms.
  8. The TAA must be recommended by the Institutional Head, and forwarded through the Regional Transfer Coordinator for approval by the Regional Deputy Commissioner. It must then be forwarded to the National Transfer Coordinator four weeks before the date of departure, for final processing at National Headquarters before submission for final approval by the Commissioner.
  9. Upon reception of the escort team members' information, the National Transfer Coordinator will, no later than 15 days prior to the transfer, prepare a package for the Commissioner's approval, which will:
    1. include the regionally approved TAAs
    2. include the internal International Transfer Approval form, which provides the details of the itinerary and cost for the proposed operation
    3. be shared with the Senior Analyst of the International Transfers Unit for his subsequent action
  10. Upon receipt of the Commissioner's approval, and required inmate's documentation (transfer list and inmate profiles) from the Senior Analyst, the National Transfer Coordinator will provide the necessary information to the escort team members.
  11. When necessary, the National Transfer Coordinator will provide the relevant inmate information to the airline carriers, and obtain approvals for the transfer operation, including for inmate medical clearance.
  12. The Senior Analyst of the International Transfers Unit is responsible for the onsite logistics of the operation on foreign soil, such as hotel, movement of inmates, and various required meetings with foreign authorities. He will advise the National Transfer Coordinator accordingly.
  13. The National Transfer Coordinator is responsible for the planning of any ground transportation required upon arrival to Canada.
  14. When necessary, five working days prior to the transfer, the Senior Analyst of the International Transfers Unit will arrange a teleconference with the National Transfer Coordinator, the Senior Manager of the International Transfers Unit, the Director, Institutional Reintegration Operations, and the escort team leader to review the operation.

Post-Operation (International Transfers)

  1. The National Transfer Coordinator will ensure any documentation provided at the time of the exchange of jurisdiction is copied and sent to the International Transfers Unit.
  2. Following the transfer, the escort team coordinator will prepare a post-mortem report on the events surrounding the transfer.
  3. Following the transfer, the escort team members will complete their travel claims and submit them to the National Transfer Coordinator.

INTERNATIONAL TRANSFERS FROM CANADA

Roles and Responsibilities

  1. The Minister of Public Safety authorizes the transfer of inmates from Canada to foreign countries. The actual international transfer operation is planned by the Senior Analyst of the International Transfers Unit. This includes when, how and where the inmate(s) will transfer from Canada.

International Transfer Procedures

  1. The Senior Manager of the International Transfers Unit at National Headquarters will notify the National Transfer Coordinator and relevant Regional Transfer Coordinator(s) of an impending transfer. He/she will include the agreed upon date and location of transfer and the name of the inmate transferring from Canada.
  2. The National Transfer Coordinator will ensure that all necessary documentation for the movement of the inmate, from the institution to the place where the escorts of the foreign country will take custody of the inmate, is complete.
  3. A Health Services Transfer Summary (CSC/SCC 0377-01) is required for each inmate, even though there are no concerns. This form will be placed in a sealed envelope with the required medication.

EXTRADITION – RETURN TO CANADA

Roles and Responsibilities

  1. The actual extradition transfer operation is planned by the National Transfer Coordinator. This includes when and how the inmate is returning to Canada, and in which institution he/she will be placed as well as any transit approval stops along the way. It should be noted that when there is a requirement for any transit stop, either foreign or domestic, no further transfer decision is required. Extradition cases are processed by the Institutional Reintegration Operations at National Headquarters, and the inmate is usually repatriated to the region from where he/she absconded.
  2. Unless there are specific timeframes previously agreed upon with the sending country, the Director, Institutional Reintegration Operations, will send a letter to the relevant Institutional Head requesting to provide to the National Transfer Coordinator, through the Regional Transfer Coordinator, the names, gender and rank of the escort team members, as well as their date of birth, passport number and the expiry date of their passport.
  3. When selecting escorts, the Institutional Head will ensure that each escorting officer on extradition transfers has a valid passport as well as sufficient funds to cover expenses during the operation.
  4. The National Transfer Coordinator will research travel options and provide the Director, Institutional Reintegration Operations with cost breakdowns.
  5. The proposed option is recommended by the National Transfer Coordinator, reviewed by the Senior Manager of the International Transfers Unit, and approved by the Director, Institutional Reintegration Operations.
  6. The National Transfer Coordinator will complete the TAA form, including the information related to destination and cost (accommodation, meals, rates of exchange, visas, etc.), and forward it for signatures. The TAA must be:
    1. signed by each escorting officer
    2. recommended by the Institutional Head
    3. recommended by the Regional Deputy Commissioner
    4. submitted for final approval by the Commissioner
  7. For extraditions from the United States, the National Transfer Coordinator will contact the authorities at the United States Department of Justice to work out the details of the exchange.
  8. For extraditions from all other countries, Justice Canada will advise the National Transfer Coordinator of the authorities to be contacted for information regarding the operation (i.e. arrival airport in Canada, Immigration, Customs and local police at arrival location).
  9. Government of Canada diplomatic and consular missions abroad will ensure appropriate paperwork (emergency passport) is prepared for the inmate in order for him/her to travel.
  10. The inmate is returned on the strength of the extradition order.
  11. Upon arrival in the CSC region of origin, the appropriate warrant (i.e. escape, suspension, or revocation) is executed.

Post-Operation (Extradition)

  1. When the National Transfer Coordinator is not involved in the extradition operation, the team coordinator will prepare a post-mortem report on the events surrounding the transfer, which will be submitted to the National Transfer Coordinator.
  2. All other post-mortem reports are prepared by the National Transfer Coordinator and submitted to the Director, Institutional Reintegration Operations.