Commissioner's Directive

Inmate’s Money

RESPONSIBILITIES AND PROCEDURES

Inmate Trust Fund

1. Each institution will establish and administer an Inmate Trust Fund for each inmate, consisting of a current account and a savings account. The Financial Administration Act authorizes payment of interest on these accounts.
2. Each inmate will be responsible for budgeting to ensure the availability of funds for conditional release and for ongoing expenses such as canteen, telephone calls and the purchase of personal property.

Deductions

3. Deductions will be made from the inmate’s income before depositing his/her earnings in the Inmate Trust Fund. Deductions will be in the following order of priority:
   1. reimbursement for any indebtedness to the Crown
   2. contributions to the Inmate Welfare Fund as set out in this policy
   3. room and board. This deduction will amount to 25% of the inmate’s total income which exceeds the top offender pay rate of $69 per pay period, after deductions noted in a. and b. above and taking into consideration payments the inmate is making towards meeting his/her court-ordered obligations, including restitution to victims and child support:
      1. deductions for room and board will not exceed $5 per week day (Monday to Friday) to a maximum of $25 per week
      2. income accruing from a business operated by the inmate, the sale of hobby craft or custom work will only include net profit of those sources of income

Community Correctional Centres

4. Offenders residing in a Community Correctional Centre will be charged room and board amounting to 25% of the income from sources listed in Annex A which exceeds the living allowance pursuant to CD 870 – Maintenance Allowance for Offenders. The charge for room and board will not exceed $5 per week day (Monday to Friday) to a maximum of $25 per week.
5. Refusal to pay will be dealt pursuant to section 104.1 of the CCRR.

Reducing or Waiving Room and Board Deductions

6. Where an inmate requests that the room and board deduction be reduced or waived, the Institutional Head will assess the information supplied by the inmate and determine whether the deduction constitutes an undue measure pursuant to subsection 104.1(7)ofthe CCRR. The Institutional Head will:
   1. explain in detail how the offender meets the criteria pursuant to subsection 104.1(7) of the CCRR, using the form Reducing or Waiving Room and Board Deduction (CSC/SCC 1192)
   2. ensure the decision is documented on the inmate’s file
   3. set a maximum six month validity period for any waiver or reduction of deductions and review six months from the authorized date

Current and Savings Accounts

7. Ninety percent of the income from the following sources, less the deductions outlined in the section in this policy entitled "Deductions", will be deposited in the offender’s current account:
   1. inmate pay, including incentives and overtime
   2. employment in the community while on work release or conditional release
   3. employment in a penitentiary provided by a third party
   4. business operated by the offender
   5. hobby craft or custom work
   6. a pension from a private or government source
8. The 10% balance will be deposited in the inmate’s savings account.
9. Notwithstanding the above, where the inmate’s income exceeds $69 per pay period, a maximum of $69 per pay period will be deposited in the offender’s current account. The balance will be deposited in the savings account.
10. All other money brought into the institution by an offender on admission or readmission and any other money from outside sources will be deposited into the inmate’s savings account. This includes items such as cheques other than pensions brought in by visitors or gifts.
11. Where there are reasonable grounds to suspect that money arriving from an outside source may involve illicit activity, the police will be called.
12. The minimum balance in the savings account will be $80. However if an inmate gives direction in writing for the withdrawal of any funds in his/her savings account required for costs incurred in relation to any legal proceedings, such direction will be acted upon without regard to any limitation. The direction may be subject only to reasonable verification that the funds are being spent for the stated purpose.

Withdrawals

13. The current account may be used for:
    1. a. canteen purchases pursuant to CD 890 – Inmate Owned Canteens
    2. purchases of personal property pursuant to CD 56612 – Personal Property of Offenders
    3. purchases of other items, including hobby craft and large items, authorized by the Institutional Head
    4. transfers of monies to a savings account
    5. temporary absences
    6. family assistance
    7. community celebrations
    8. charitable donations
    9. costs related to compassionate considerations
14. Transfers from the savings account to the current account must be in support of the Correctional Plan or of constructive and legitimate inmate activities. All money withdrawn from the savings account will be deposited into the current account.
15. Withdrawals from the savings account will not exceed $500 and no more than four separate amounts will be authorized each fiscal year. One additional withdrawal may be made annually for the holiday canteen as established in CD 890 – Inmate Owned Canteens.
16. Withdrawals above the $500 limit for family related reasons will be based on a case by case review and be consistent with the Mission Document. The Institutional Head is authorized to determine the amount of such withdrawals. These requests are subject to reasonable verification to ensure that the funds are used for the stated purpose.
17. The Institutional Head may authorize, on a case by case basis, requests for withdrawals above the $500 limit to pay for legal fees and related costs, private family visits, charitable donations, correspondence and post-secondary courses, as well as to meet court-ordered obligations, including restitution to victims and child support. Requests are subject to reasonable verification to ensure that the funds are used for the stated purpose.
18. Where an inmate receives compensation from the Crown for the loss of personal property or for damages to property, the amount of the compensation will be deposited in his/her savings account. If the inmate wishes to replace or repair the lost/damaged item, a withdrawal may be made from the savings account for this purpose. This withdrawal is in addition to the $500 limit.
19. When an inmate is admitted into an intake assessment unit or a post-suspension unit, a transfer of funds not to exceed $100 may be made, within 30 days from admission, from the savings account to the current account to allow for a first canteen purchase or to start a hobby. This transfer will be included in the annual amount of $500 and will count as one of the four allowed annual transfers.
20. Funds may only be transferred between inmate accounts if a family relationship exists between the inmates, and only between savings accounts.

Temporary Absences

21. Money will be committed for a temporary absence on approval of the temporary absence, based on reasonable actual costs. These funds will be withdrawn from the current account. Transfers from savings for temporary absences will be within the $500 annual limit, but will not be within the four authorized annual transfers.
22. Any money in the inmate’s possession on return from a temporary absence will be allocated as follows:
    1. recovery of direct expenditures of public funds for the absence
    2. deposit to the current account of an amount equal to that withdrawn for the absence
    3. deposit to the savings account of any balance

Institutional Transfers

23. When an inmate is transferred to another institution, all money from current and savings accounts and any outstanding deductions, forfeitures and loans will be transferred to the receiving institution. Records of withdrawals from the savings account to the current account will accompany the inmate.

Release of Inmate

24. All money standing to the credit of an inmate, following payment of any money owed to the Crown, will be released to the inmate on any form of release, except for a temporary absence or work release.
25. In instances where the total of the inmate’s current and savings accounts is less than $50 at the time of discharge, payment will be made to the inmate in an amount equal to the difference between the total and the sum of $50.

Inmate Welfare Fund

26. Each institution will establish and administer an Inmate Welfare Fund in accordance with accepted accounting and budgetary control principles.

Revenue

27. Revenue for the Inmate Welfare Fund will be derived from:
    1. deductions from inmate pay
    2. canteen profits
    3. interest on the Fund’s cash balance
    4. receipt of gifts authorized by the Institutional Head
    5. fund-raising activities carried out by inmates as authorized by the Institutional Head
28. Rentals of all types by inmates to inmates are prohibited.
29. Contributions to the Inmate Welfare Fund for approved activities will be established by the Institutional Head on the basis of the number of inmates in the institution and the costs associated with provision of television and cable/satellite services. Barring any special circumstances, the contribution will be between $0.10 and $0.60 for each remunerated day, up to a maximum of $6 per pay period.

Expenditures

30. The Institutional Head will establish an Inmate Welfare Committee composed of inmates who will make recommendations on the use of the Inmate Welfare Fund. Implementation of Committee recommendations requires the approval of the Institutional Head or his/her delegate.
31. The Inmate Welfare Committee may recommend disbursements from the Inmate Welfare Fund only to:
    1. provide for education, social, cultural and recreational activities for inmates
    2. provide amenities for inmates
    3. grant loans to meet group needs consistent with this section (individual loans are not authorized)
    4. pay for the cost of inmate publications where such costs exceed the amount received from subscriptions, advertisements and donations
    5. make donations to recognized charitable organizations and causes as approved by the Institutional Head or his/her delegate
    6. payment for legal fees on behalf of groups of inmates
32. Once a collective need has been identified and the use of the Inmate Welfare Fund approved, the Institutional Head will ensure that the funds are committed for use. Any amount in excess of the commitment must be paid from the Inmate Welfare Fund. Should sufficient funds not be available, reimbursement of this amount will be a priority from future deposits.
33. Prior to authorizing disbursements for legal fees on behalf of groups of inmates, the Institutional Head will take reasonable steps to ensure that such expenditure reflects the will of a significant majority of the inmate population, taking into account:
    1. the balance of money available in the Fund
    2. any other obligations or commitments that could normally be expected to be made against the Fund

Loans

34. Each institution will establish procedures for application for, approval and repayment of loans from the Fund.
35. Each institution will establish the maximum amount of any single loan and the total amount that may be disbursed in loans.
36. The Institutional Head may, after seeking the views of the Inmate Welfare Committee, write off loans that have been outstanding for more than one year and that are deemed uncollectable.

ENQUIRIES

37. Strategic Policy Division
    National Headquarters
    Email: Gen-NHQPolicy-Politi@csc-scc.gc.ca
    
    Commissioner,

Original Signed by:

Don Head

ANNEX A

CROSS-REFERENCES AND DEFINITION

CROSS-REFERENCES

CD 566-12 – Personal Property of Offenders
CD 730 – Inmate Program Assignments and Payments
CD 870 – Maintenance Allowance for Offenders
CD 890 – Inmate Owned Canteens

DEFINITION

Income: revenue received from the following sources:

1. inmate pay
2. pay earned while on work release or conditional release in the community
3. pay received from a third party for work performed in a penitentiary
4. a business operated by the inmate
5. the sale of hobby craft or custom work
6. a pension from a private or government source