Commissioner's Directive

Security Classification and Penitentiary Placement

AUTHORITIES

PURPOSE

  • To determine the inmate’s security classification and penitentiary placement

APPLICATION

Applies to staff responsible for the inmate’s security classification and penitentiary placement

RESPONSIBILITIES

  1. The Assistant Commissioner, Correctional Operations and Programs, following consultation with the Deputy Commissioner for Women in cases of women inmates, and when supported by the Regional Deputy Commissioner, is the final decision maker for:
    1. initial classification to other than maximum security, for an inmate serving a life sentence for first or second degree murder, or an inmate convicted of a terrorism offence punishable by life except when the male inmate is transferred directly to the Special Handling Unit.
    2. initial classification of a Dangerous Offender to minimum security.
  2. The Senior Deputy Commissioner is the final decision maker on the security classification and penitentiary placement for inmates transferred to the Special Handling Unit.
  3. The Regional Deputy Commissioner will establish a regional procedure for the readmission of an inmate subject to a temporary detention, revocation, or an inoperative release.
  4. The Regional Deputy Commissioner:
    1. will forward a recommendation to the Assistant Commissioner, Correctional Operations and Programs, for final decision:
      1. for the initial classification to other than maximum security of an inmate serving a life sentence for first or second degree murder, or an inmate convicted of a terrorism offence punishable by life
      2. for the initial classification of a Dangerous Offender to minimum security
    2. is the final decision maker if they disagree with the Institutional Head's recommendation to classify a Dangerous Offender to minimum security or to make the initial placement to other than maximum security, for an inmate serving a life sentence for first or second degree murder, or an inmate convicted of a terrorism offence punishable by life
    3. of the receiving region, is the final decision maker for out-of-region movements from provincial/territorial custody.
  5. The Institutional Head or District Director will:
    1. authorize an inmate's security classification (this authority may be delegated to the Deputy Warden or Area Director except for an inmate who is subject to a Dangerous Offender designation, or in those cases where the security classification is related to a transfer decision and/or involves an inmate serving a life sentence for first or second degree murder, or an inmate convicted of a terrorism offence punishable by life)
    2. forward the recommendation to the Regional Deputy Commissioner for final decision:
      1. for the initial classification to other than maximum security of an inmate serving a life sentence for first or second degree murder, or an inmate convicted of a terrorism offence punishable by life
      2. for the initial classification of a Dangerous Offender to minimum security.
  6. The decision maker must provide specific ratings for institutional adjustment, escape risk and public safety in every inmate security level final decision. If the decision maker does not concur with the recommended ratings in the Assessment for Decision, a rationale must be provided for the divergence from the recommendation.
  7. The decision maker will provide the inmate with the rationale as well as the information considered in the decision, in writing within five working days. The inmate will be advised, at the same time, of the right to seek redress using the grievance process pursuant to CD 081 – Offender Complaints and Grievances.
  8. When the decision maker for the security classification is the Assistant Commissioner, Correctional Operations and Programs, or the Senior Deputy Commissioner, a grievance arising from the decision will be submitted directly to the national level.
  9. The Institutional Head will:
    1. implement a process to ensure the high profile offender flag is set for any inmate who meets the definition of a high profile offender
    2. implement a process to ensure procedures are followed when a high profile offender is being placed, pursuant to CD 701 – Information Sharing
    3. ensure processes outlined in CD 784 –Victim Engagement are followed.

PROCEDURES

Centralized Intake Assessment Process

  1. The community Parole Officer will complete the Custody Rating Scale, pursuant to Annex B, for women inmates in provincial/territorial custody.
  2. The Parole Officer will:
    1. complete the Custody Rating Scale
    2. complete the Assessment for Decision for the initial inmate security level and penitentiary placement pursuant to Annex E
    3. complete a new Assessment for Decision for the inmate security level and penitentiary placement for all revoked inmates, where temporary detention facilities exist.

Decentralized Intake Assessment Process

  1. The community Parole Officer will complete:
    1. the Custody Rating Scale for inmate security level within five working days of initial sentencing
    2. the Custody Rating Scale and Assessment for Decision for inmate security level and penitentiary placement following suspension or revocation.
  2. The Warrant of Committal will be used to effect the initial admission of the inmate from provincial/ territorial to federal custody.
  3. Once in federal custody, the inmate will be moved to the placement institution via a penitentiary placement decision.
  4. The institutional Parole Officer will:
    1. complete a subsequent Custody Rating Scale upon receipt of additional information, if required
    2. complete the Assessment for Decision for security classification and penitentiary placement pursuant to Annex E, if required.

Interregional Movements for Offender Intake Assessments and Interregional Penitentiary Placements

  1. An out-of-region movement or placement of an inmate may be required for population management reasons.
  2. Refer to Annex F when it is determined that the most viable option is to either:
    1. move an offender directly from provincial/territorial custody to an out-of-region facility for the purpose of completing the offender intake assessment, or
    2. proceed with an interregional penitentiary placement.

Inmates Convicted of Terrorism Offences

  1. For an inmate convicted of a terrorism offence included in Part II.1 of the Criminal Code, or an offence determined by the court to constitute a terrorism offence as defined in section 2 of the Criminal Code, an interim placement review will be completed within 15 days from the sentencing date while the inmate is in provincial/territorial custody. The review will consist of, at a minimum, the completion of the Custody Rating Scale.
  2. In regions with a centralized intake assessment process, the Custody Rating Scale will be completed by the institutional Parole Officer; while in regions with a decentralized process, the community Parole Officer will complete the Scale.
  3. When the Custody Rating Scale results in a maximum security rating for an inmate convicted of a terrorism offence, the Regional Deputy Commissioner of the region where the inmate was sentenced will subsequently outline in a Memo to File whether the inmate would meet the criteria for a transfer to the Special Handling Unit for assessment purposes. As applicable, the inmate may thereafter be directly transferred from provincial/territorial custody to the Special Handling Unit. The intake assessment and the assessment for admission to the Special Handling Unit will be completed in accordance with the timeframes prescribed in CD 708 - Special Handling Unit.
  4. The Memo to File outlining the reasons for transfer to the Special Handling Unit for assessment purposes will be shared with the inmate within two working days following the transfer.

Inmates Subject to a Dangerous Offender Designation

  1. When the classification of a Dangerous Offender to minimum security is being considered, the decision-making process is as follows:
    1. the Assessment for Decision, the CSC Board Review/Decision Sheet (Inmate Security Level) containing the Institutional Head's recommendation, and the required psychological risk assessment will be forwarded to the Regional Deputy Commissioner for review
    2. following review of the documentation noted above, the Regional Deputy Commissioner will enter his/her recommendation in the CSC Board Review/Decision Sheet
    3. if the Regional Deputy Commissioner recommends against the proposed classification to minimum security, they will enter the final decision and reasons for denial in the CSC Board Review/Decision Sheet
    4. if the Regional Deputy Commissioner is in agreement with the proposed classification to minimum security, they will enter the recommendation in the CSC Board Review/Decision Sheet and the pertinent documentation regarding the proposed classification to minimum security will be forwarded to the Assistant Commissioner, Correctional Operations and Programs, for the final decision.

Initial Offender Security Level and Penitentiary Placement

  1. A penitentiary placement recommendation is included in the same Assessment for Decision covering the security classification decision. When recommending a penitentiary placement for an inmate, the recommended institution will be one that provides an environment that contains only the necessary restrictions, taking into account, but not limited to, the following factors:
    1. the safety of the public, staff or other persons in the penitentiary and the inmate
    2. the inmate's individual security classification
    3. the security classification of the institution (CD 706 – Classification of Institutions)
    4. accessibility to the inmate's home community and family
    5. the cultural and linguistic environment best suited to the inmate
    6. the state of health and health care needs of the inmate
    7. the availability of appropriate programs and services to meet the inmate's needs
    8. the inmate's willingness to participate in programs.

Custody Rating Scale

  1. In addition to the Custody Rating Scale, the offender security level takes into consideration the following factors as required by section 17 of the CCRR:
    1. the seriousness of the offence committed by the inmate
    2. any outstanding charges against the inmate
    3. the inmate's performance and behaviour while under sentence
    4. the inmate's social and criminal history, including a Dangerous Offender designation under the Criminal Code, and, where applicable, young offender history
    5. any physical or mental illness or disorder suffered by the inmate
    6. the inmate's potential for violent behaviour
    7. the inmate's continued involvement in criminal activities.
  2. The Parole Officer scores each factor based on the information obtained from the inmate during the intake assessment as well as from documents collected (e.g., FPS sheet, police report). A guide for the completion of the Scale is contained in Annex B.
  3. The security level cut-off scores in the Custody Rating Scale are as follows and all scores are inclusive:
    1. minimum security: 0 to 85 on the institutional adjustment dimension AND 0 to 63 on the security risk dimension
    2. medium security: between 86 and 94 on the institutional adjustment dimension and between 0 and 133 on the security risk dimension; OR between 0 and 85 on the institutional adjustment dimension and between 64 and 133 on the security risk dimension
    3. maximum security: 95 or greater on the institutional adjustment dimension OR 134 or greater on the security risk dimension.
  4. The Parole Officer will make a recommendation on the security level based on the Custody Rating Scale and the assessment of institutional adjustment, escape risk, and public safety. This assessment and recommendation will be completed pursuant to Annex E.

Security Classification

  1. An inmate will be classified as:
    1. maximum security where the inmate is assessed by the Service as:
      1. presenting a high probability of escape and a high risk to the safety of the public in the event of escape, or
      2. requiring a high degree of supervision and control within the penitentiary
    2. medium security where the inmate is assessed by the Service as:
      1. presenting a low to moderate probability of escape and a moderate risk to the safety of the public in the event of escape, or
      2. requiring a moderate degree of supervision and control within the penitentiary
    3. minimum security where the inmate is assessed by the Service as:
      1. presenting a low probability of escape and a low risk to the safety of the public in the event of escape
      2. requiring a low degree of supervision and control within the penitentiary.
  2. The assessment will be completed pursuant to Annex E.

Placement of Co-Convicted Inmates

  1. Co-convicted inmates under current sentence for an offence resulting in death or serious harm and whose association or influence on each other may be detrimental to the rehabilitation and safe reintegration of one or more inmates, or to the safety and security of the institution 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.

Procedures Following the Capture of an Inmate

  1. Following the capture of an inmate who has escaped or who was unlawfully at large, they will be detained at an institution, at the appropriate security level, in the region of the arrest.
  2. The region in which the inmate is recaptured is responsible for determining the appropriate placement and security level. Readmission procedures may differ by region.

Inmate Security Level and Penitentiary Placement Decision

  1. The reasons for the security level and proposed penitentiary placement will be provided in writing to the inmate two working days prior to the final decision and transfer to the assigned penitentiary.
  2. The Institutional Head will consider any responses provided by the inmate in the final penitentiary placement decision.
  3. The inmate may appeal the penitentiary placement decision using the offender grievance process pursuant to CD 081 – Offender Complaints and Grievances.

Commissioner,

Original Signed by:

Don Head

ANNEX A - CROSS-REFERENCES AND DEFINITIONS

CROSS-REFERENCES

CD 001 – Mission, Values and Ethics of the Correctional Service of Canada
CD 081 – Offender Complaints and Grievances
CD 550 – Inmate Accommodation
CD 701 – Information Sharing
CD 702 – Indigenous Offenders
CD 703 – Sentence Management
CD 705-5 – Supplementary Assessments
CD 706 – Classification of Institutions
CD 708 – Special Handling Unit
CD 710 - 2 – Transfer of Inmates
GL 710 2 - 1 – CCRA Section 81: Admission and Transfer of Offenders
GL 710-2-3 – Inmate Transfer Processes
CD 710 - 6 – Review of Inmate Security Classification
CD 784 – Victim Engagement

Integrated Mental Health Guidelines
Indigenous Social History Tool

Criminal Code

DEFINITIONS

Co-convicted offenders : offenders who were parties in the commission of an offence resulting in death or serious harm (section 99 of the CCRA), even though they may have been charged with different offences and received different sentences or may have been prosecuted at different times.

Custody Rating Scale : a research-based tool used to assist in assessing the most appropriate level of security for the penitentiary placement of an inmate.

Dangerous Offender : an offender who is subject to a designation by the court under section 753 of the Criminal Code.

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.

Inmate security level : a rating (minimum, medium or maximum) based on the assessment of the inmate's institutional adjustment, escape risk and risk to public safety.

Inoperative : discontinuation of conditional release and return to custody when receipt of an additional sentence or an increase in the sentence length on appeal results in a conditional release eligibility date in the future.

Mental health institutional assessment: a type of mental health assessment where the purpose is to assess and delineate significant mental health and/or responsivity issues (e.g., intellectual functioning, cultural considerations, etc.) to be considered in relation to institutional adjustment/security level classification. The assessment will identify those factors that may impact the offender's adaptation and/or integration into a lower security environment.

Psychological risk assessment: an evaluation of offender risk, needs, responsivity and the manageability of risk, done from a psycho-social perspective, utilizing a variety of scientifically-validated assessment methodologies in an integrated process. It also includes reference to appropriate strategies for the management of risk.

Temporary detention : period of incarceration arising out of the execution of a warrant of apprehension and suspension of conditional release.

ANNEX B - CUSTODY RATING SCALE

INTRODUCTION

For all items in the Custody Rating Scale, no incidents or convictions will be counted if they occurred when the inmate was under the age of 16.

PART I – INSTITUTIONAL ADJUSTMENT RATING

1. HISTORY OF INVOLVEMENT IN INSTITUTIONAL INCIDENTS

Definitions

Incidents: any actions or behaviours listed in Annex C that occurred prior to final penitentiary placement for the current sentence.

Last five years of incarceration (pertaining to item b): any accumulated period or periods of federal or provincial/territorial incarceration (including remand) in the inmate’s history that total five years or more, not just the five years immediately preceding the current admission to federal custody.

Serious physical injury: any injury as determined by Health Services personnel as having the potential to endanger life, or which results in permanent physical impairment, significant disfigurement or protracted loss of normal functioning. It includes, but is not limited to major bone fractures, the severing of limbs or extremities, and wounds involving damage to internal organs.

Instructions

Incidents involving convictions in institutional court or outside court, and incidents contained in institutional security reports should be counted. For incidents in the provincial jurisdiction, find the offence in Annex C that most closely corresponds. Incidents occurring while the inmate was in a youth facility (but not under the age of 16) should be included.

Where there is clear and substantial evidence to support that the inmate was a victim of an assault or fight and not the aggressor, no score should be given.

With the exception of item 1a) as shown below, the remaining items are mutually exclusive, that is once you have chosen the response option appropriate to the incident, the same incident is not applied to any other item under Institutional History.

Item Score
1. History of Involvement in Institutional Incidents
a) No prior involvement (proceed to item 2 – Escape History) pursuant to OMS 0

Any prior involvement

2

Notes

  • a) refers to any period of incarceration
  • If a score is entered under b), c) or d), then a score of "2" must be entered under a) any prior involvement.
b) Prior involvement during last five years of incarceration:

in an assault (no weapon or serious physical injury)

1

in a riot or major disturbance

2

in an assault (using a weapon or causing serious physical injury)

2

Notes

  • Score only one of the above options and choose the option that yields the highest score.
c) Prior involvement in one or more incidents in serious category 2

Notes

  • c) refers to any period of incarceration.
  • This includes serious incidents that occurred in the last five years of incarceration but that do not meet the criteria specified in 1 b).
  • Also includes serious incidents in remand or intake on a prior admission.
d) Involvement in one or more serious incidents prior to sentencing and/or pending placement for the current commitment (includes incidents occurring while the inmate is awaiting completion of the Offender Intake Assessment) 5

Notes

  • Serious incidents while in remand, awaiting transfer to federal custody or in intake status on previously completed sentences are not scored here.
Sources of Information
  • FPS record
  • Discipline and Dissociation file
  • Security incident base (Security Information Reports)
  • Provincial records/files
  • Inmate interview

2. ESCAPE HISTORY

Definitions

Escape: includes only escapes from federal/provincial/territorial correctional institutions, from police/peace officer custody or while on escorted temporary absence (ETA). It does not include leaving an open custody youth facility, a community residential facility (CRF), a community correctional centre (CCC) or where an inmate has been unlawfully at large from an unescorted temporary absence (UTA) or probation.

Last five years of incarceration (pertaining to item d): includes any accumulated period or periods of federal or provincial/territorial incarceration (including remand) in the inmate’s history that total five years or more, not just the five years immediately preceding the current admission to federal custody.

Instructions

Where charges were laid against the inmate, it is not necessary that a court conviction be registered to count the incident of escape. When reviewing cases where the inmate was charged with "escape lawful custody" or "unlawfully at large", count only those situations where the act leading to the charge was an escape from a federal/provincial/territorial institution, from police/peace officer custody or while on an escorted temporary absence from a federal or provincial/territorial institution.

Provincial or territorial designation of security levels maximum, medium and minimum is equal to the federal levels, except in the case of provincial/territorial jails and detention/remand centres which are considered to be maximum security for the purposes of scoring the CRS.

Escapes from provincial/territorial closed/secure custody youth facilities should be counted under category b.

Item Score
2. Escape History
a) No escape or attempts 0
b) An escape or attempt from minimum or police/peace officer custody with no actual or threatened violence:

over two years ago

4

in last two years

12
c) An escape or attempt from medium or maximum custody or an escape from minimum or police/peace officer custody with actual or threatened violence:

over two years ago

20

in last two years

28
d) Two or more escapes from any level within the last five years 28

Only the single highest score for any one item from 2a) to 2d) is entered on the Scale even though any number of them may be applicable to the inmate.

Sources of Information
  • FPS record
  • Discipline and Dissociation file
  • Security incident base (Security Information Reports)
  • Provincial records/files
  • Inmate interview
  • Police reports

3. STREET STABILITY

Street stability refers to the evaluation of an inmate’s level of functioning in the community as it relates to socially and legally acceptable norms. In order that street stability can be assessed consistently and objectively, four specific key life style areas must be evaluated separately and a composite rating reflecting these areas determined.

Street stability is assessed against the inmate population and not relative to non-criminal individuals. In addition, it should be assessed relative to the community in which the inmate was residing at the time the offence was committed. For example, if unemployment was relatively high in a particular community, the inmate should be assessed against the employment opportunities in that community.

Where applicable and if completed as part of the current assessment, the domain ratings from the Dynamic Factor Identification and Analysis (revised), Associates and Community Functioning domains can be used to support the Above Average (Factor Seen as an Asset or No Immediate Need), Average (Low or Moderate Need) and Below Average (High Need) rating.

(i) Employment/Education
CRS Guidelines

Above average – The inmate has been steadily employed or attending an educational program for more than six months prior to the present incarceration.

Average – The inmate has been employed or attending an educational program sporadically in the last six months prior to this incarceration and there have been significant periods of unemployment during this period.

Below average – The inmate has been usually unemployed and was not employed when the current offence(s) was committed. If the inmate verbalizes that the employment/educational situation contributed to the present offence(s), the rating should be "below average".

(ii) Marital/Family Adjustment
CRS Guidelines

Above average – A stable marriage (including common-law) exists. The inmate is presently supported by an intact nuclear family (includes parents, siblings, spouse and children).

Average – The inmate has a marital partner, however, periods of instability have occurred, and/or the nuclear family is somewhat unstable.

Below average – No significant family relationships are identified as having existed during the six month period prior to the commission of the present offence(s) and/or immediate family members do not provide pro-social supportive roles.

(iii) Interpersonal Relationships
CRS Guidelines

Above average – The inmate associates with essentially non-criminal persons in the community.

Average – Associations with unstable or criminally oriented persons, along with a mixture of stable individuals has been identified.

Below average – The inmate’s social circle is made up almost entirely of persons with criminal backgrounds or unstable lifestyles. The inmate may have a co-accused in the present offence(s) with whom social ties in the community are identified.

(iv) Living Arrangements
CRS Guidelines

Above average – Lengthy period of time (more than one year) at a single residence unless legitimate reasons for relocation are identified.

Average – Changes of residence once or twice per year have occurred with no strong rationale identified.

Below average – Changes of residence have occurred two or more times during the six month period prior to the current offence(s).

After having examined each lifestyle area, place the individual in the category that best describes the life circumstances prior to incarceration. An overall assessment should be made of the areas considered together.

Item Score
3. Street Stability
a) Above average 0
b) Average 16
c) Below average 32

Sources of Information

  • Police report(s)
  • Presentence report
  • Community Assessments
  • Suspension report
  • Inmate interview

4. ALCOHOL/DRUG USE

Applicable results from the Dynamic Factor Identification Analysis (revised) (Substance Abuse) or other substance abuse assessment instruments can be used to support the No Identifiable Problem (No Immediate Need for Improvement), Abuse Affecting One or More Life Areas (Low/Moderate Need) and Serious Abuse Affecting Several Life Areas (High Need) ratings.

Item Score
4. Alcohol/Drug Use
a) No identifiable problems – Drug/alcohol use does not occur, or alcohol is used in socially acceptable situations. Drugs and/or alcohol were not used prior to the commission of the present or previous offence(s), or 0
b) Abuse affecting one or more life areas – If the inmate’s use of drugs or alcohol has been identified as negatively affecting at least one major area in the inmate’s life and/or drugs/alcohol were used prior to the commission of the present offence(s), or 3
c) Serious abuse affecting several life areas – If most life areas are negatively affected by drug and/or alcohol abuse, and they are used before the commission of present and past offences (e.g. there is a pattern). 6

Sources of Information

  • Police report(s)
  • Presentence report
  • Community Assessments
  • Suspension report
  • Inmate interview

5. AGE (AT TIME OF SENTENCING)

Select the score for the inmate’s age at time of sentencing for the current offence(s). When there is more than one current offence, take the earliest sentencing date.

Readmission

For inmates returning on suspension with/without new convictions, use the executed suspension warrant date to calculate the inmate’s age.

For inmates returning on revocation without new offences, use the PBC revocation decision date as the date of sentencing to calculate the inmate’s age.

For inmates returning on revocation with new offences, use the date of sentencing on the new offences to calculate the inmate’s age.

Item Score
5. Age (at Time of Sentencing)
a) 30 years or more 0
b) 29 2
c) 28 4
d) 27 6
e) 26 8
f) 25 10
g) 24 12
h) 23 14
i) 22 16
j) 21 18
k) 20 20
l) 19 22
m) 18 years or less 24

PART II – SECURITY RISK RATING

1. NUMBER OF PRIOR CONVICTIONS

Definition

Prior convictions: convictions other than the ones for which the inmate is presently serving a sentence.

Instructions

Convictions are counted separately only if they were awarded a consecutive sentence. All convictions that are dealt with by the imposition of concurrent sentences, even if they are different (e.g. false pretences and fraud), or occurred on different dates, are counted as a single conviction for the purpose of completing the Scale. Unless the conviction is stated as being consecutive, it is assumed to be concurrent. Convictions under the Juvenile Delinquents Act, Young Offenders Act or Youth Criminal Justice Act should be counted. No incidents or convictions will be counted if they occurred when the inmate was under the age of 16.

Item Score
1. Number of Prior Convictions
a) None 0
b) One 3
c) Two to four 6
d) Five to nine 9
e) Ten to fourteen 12
f) Fifteen or more 15

Sources of Information

  • Canadian Police Information Centre
  • FPS record

2. MOST SEVERE OUTSTANDING CHARGE

All outstanding charges at the time of admission on the inmate’s current sentence are to be identified. Using Annex D, determine which outstanding charge is the most severe, and enter only the score for that offence.

For suspension or revocation admissions, check for any outstanding charges and score accordingly. If parole has been revoked following the commission of an offence and the charges have not yet been dealt with by the courts, count the offence under this item. In situations where the police have informed CSC they are planning to charge an inmate but have not yet done so, do not count the charge below. However, this may be an issue to take into account in the rationale for decision-making on placement.

Item Score
2. Most Severe Outstanding Charge
a) None 0
b) Minor 12
c) Moderate 15
d) Serious 25
e) Major/extreme 35

Sources of Information

  • Sentence Management screen
  • Canadian Police Information Centre
  • FPS record

3. SEVERITY OF CURRENT OFFENCE

Using Annex D, determine which of the inmate’s current offences is the most severe. Choose the single highest score that applies to the inmate.

Note: A revocation of parole or statutory release for a technical violation or conviction for a breach of a long-term supervision order (LTSO) counts as a current offence in the "minor or moderate" category.

Item Score
3. Severity of Current Offence
a) Minor or moderate 12
b) Serious or major 36
c) Extreme 69

Sources of Information

  • Sentence Management screen
  • Warrant(s) of Committal
  • Admission Form

4. SENTENCE LENGTH

This is the total aggregate sentence as calculated at admission to CSC. Life or indeterminate sentences are included in "over 24 years".

Item Score
4. Sentence Length
a) 1 day to 4 years 5
b) 5 to 9 years (more than 4 years and up to 9 years) 20
c) 10 to 24 years (more than 9 years and up to 24 years) 45
d) Over 24 years (includes life or indeterminate) 65

Sources of Information

  • Sentence Management screen
  • Warrant(s) of Committal
  • Admission Form

5. STREET STABILITY

This item is to be rated following the same definitions and instructions provided previously for Institutional Adjustment Score – Street Stability (item 3). The difference is in the scores assigned for each category and the special category "other". "Other" is to be selected for inmates convicted of a criminal organization or a terrorism offence included in Part II.1 of the Criminal Code, or an offense determined by the court to constitute a terrorism offence as defined in section 2 of the Criminal Code.

Item Score
5. Street Stability
a) Above average 0
b) Average 5
c) Below average 10
d) Other (i.e., convicted of criminal organization offences or terrorism offences) 20

6. PRIOR PAROLE AND/OR STATUTORY RELEASES (MANDATORY SUPERVISION)

Definition

Parole release: provincial/territorial or federal day or full parole.

Only federal statutory releases/mandatory supervisions are counted.

Releases at warrant expiry date are not counted.

Instructions

A calculation of the number of releases the inmate has obtained throughout his/her criminal history is required. Whether or not the release was revoked is not relevant for the completion of this item.

Item Score
6. Prior Parole and/or Statutory Releases (Mandatory Supervision)
a) None 0
b) Previous parole release
(OMS offers choice from 1-21. One point is given for each release.)
c) Previous release on statutory release or mandatory supervision
(OMS offers choice from 1-21. Two points are given for each release.)

Count only one release following a formal admission of any type. If an inmate was released on a day parole (the first release following a current admission), then received either a day parole “continued” or a full parole decision, count only the one release on the first day parole.

If an inmate was released from federal custody on statutory release, then revoked (formally re-admitted) and then released on day parole, count one statutory release and one parole release.

7. AGE AT TIME OF FIRST FEDERAL ADMISSION

If the current sentence is not the first federal sentence for this inmate, enter his/her age at the time of admission for the first federal sentence on the record. If the current sentence is the inmate’s first federal sentence, use the age at the time of admission for the current sentence.

Choose the score that applies to the inmate’s age category.

Item Score
7. Age at Time of Admission
a) 35 years or more 0
b) 34 3
c) 33 6
d) 32 9
e) 31 12
f) 30 15
g) 29 18
h) 28 21
i) 27 24
j) 26 27
k) 25 years or less 30

FINAL SCORES AND SECURITY LEVEL RATING

OMS calculates the scores for institutional adjustment and security risk separately and then provides the security level rating (classification).

ANNEX C - OFFENCES COMMITTED WHILE INCARCERATED

Notes

  1. When the offence is a conspiracy to commit another offence, use the offence that is the object of the conspiracy to score seriousness.

  2. This list of offences is not exhaustive. Users should exercise judgment to find the offence on this list that is the closest approximation to the offence(s) committed by the inmate.

Serious Offences

Criminal Code of Canada
  • Murder
  • Attempt to commit murder
  • Causing bodily harm with intent
  • Assault
  • Aggravated assault
  • Torture
  • Hostage taking (forcible confinement)
  • Arson
  • Weapons/firearms
  • Extortion
  • Mischief causing danger to life
  • Resisting or obstructing public or peace officer
  • Permitting or assisting escape
  • Theft
  • Manslaughter
  • Counselling or aiding suicide
  • Impeding attempt to save life
  • Assault with weapon or causing bodily harm
  • Assaulting peace officer
  • Sexual assault, aggravated sexual assault
  • Prison breach
  • Explosives – Possession without lawful excuse
  • Importing or delivering prohibited weapons
  • Breaking and entering
  • Bribery of officers
  • Personating peace officer
  • Supplying noxious things
  • Fraudulent concealment
Institutional Offences
  • CCRA** 40(h) fights with, assaults or threatens to assault another person
  • CCRA 40(n) does anything for the purpose of escaping or assisting another inmate to escape

** CCRA = Corrections and Conditional Release Act

Moderate Offences

Criminal Code of Canada
  • Indecent acts
  • Offences in relation to prostitution
  • False pretence or false statement
  • Fraud
  • Making counterfeit money
  • Interception of private communication
  • Unauthorised use of computer
  • Forgery
  • Personation with intent
Institutional Offences
  • CCRA 40(a) disobeys a justifiable order of a staff member
  • CCRA 40(b) is, without authorization, in an area prohibited to inmates
  • CCRA 40(c) wilfully or recklessly damages or destroys any property that is not the inmate’s
  • CCRA 40(d) commits theft
  • CCRA 40(e) is in possession of stolen property
  • CCRA 40(f) is disrespectful toward a person in a manner that is likely to provoke them to be violent or toward a staff member in a manner that could undermine their authority or the authority of staff members in general
  • CCRA 40(g) is abusive toward a person or intimidates them by threats that violence or other injury will be done to, or punishment inflicted on, them
  • CCRA 40(i) is in possession of, or deals in, contraband
  • CCRA 40(j) without prior authorization, is in possession of, or deals in, an item that is not authorized by a Commissioner’s Directive or by a written order of the Institutional Head
  • CCRA 40(k) takes an intoxicant into the inmate’s body
  • CCRA 40(l) fails or refuses to provide a urine sample when demanded pursuant to section 54 or 55
  • CCRA 40(m) creates or participates in (i) a disturbance, or (ii) any other activity that is likely to jeopardize the security of the penitentiary
  • CCRA 40(o) offers, gives or accepts a bribe or reward
  • CCRA 40(p) without reasonable excuse, refuses to work or leaves work
  • CCRA 40(q) engages in gambling
  • CCRA 40(r) wilfully disobeys a written rule governing the conduct of inmates
    • (r.1) knowingly makes a false claim for compensation from the Crown;
    • (r.2) throws a bodily substance towards another person; or
  • CCRA 40(s) attempts to do, or assists another person to do, anything mentioned in paragraphs (a) to (r)

** CCRA = Corrections and Conditional Release Act

ANNEX D - MODIFIED CSC OFFENCE SEVERITY SCALE

Notes

  1. Dangerous drugs: heroin and other opiates/cocaine/PCP/LSD and other similar substances.
  2. Assault offences: classify according to seriousness of the harm inflicted by the assault.
  3. Any sexual offence involving a child victim is considered major.
  4. If a parole violation is the result of a new offence, classify according to the new offence.
  5. Conspiracy, attempt to commit and accessory before and after the fact are classified as the actual offence.
  6. This list of offences is not exhaustive. Users should exercise judgement to find the offence on this list that is the closest approximation to the offence(s) committed by the inmate.
  7. As a general principle, do not ignore information that is not on the official record. For example, where the FPS indicates assault, but other reliable sources allow us to determine that the inmate actually committed a sexual assault, treat the offence as a sexual assault and score accordingly.

Extreme Offences Severity

  • Murder or terrorism offences punishable by life

Major Offences Severity

  • Attempted murder
  • Hijacking of aircraft, treason, espionage
  • Other terrorism offences
  • Assault (with or without weapon) causing serious injury, risk of death, disfigurement or mutilation
  • Kidnapping, forcible detention, abduction and/or hostage taking
  • Illegal possession and/or detonation of explosives which are likely to cause death
  • Armed robbery (with extreme violence, organized or notorious)
  • Sexual assault offences (i.e. rape, attempted rape, sexual assault, aggravated sexual assault, any sexual offence involving a child, etc.)

Serious Offences Severity

  • Armed robbery, attempted armed robbery, robbery with violence
  • Sabotage
  • Trafficking, possession for the purpose of trafficking dangerous drugs
  • Manslaughter
  • Use of firearm during commission of an offence
  • Escape with violence from any level of security, escape from escort, prison breach, participate in riot
  • Arson
  • Conspiracy to traffic or import a dangerous drug
  • Trafficking in illegal firearms
  • Extortion
  • Assault (with or without weapon), wounding

Moderate Offences Severity

  • Possession of dangerous drugs
  • Forgery, possession of instruments for forgery
  • Bribery
  • Breaking and entering, breaking out
  • Non-violent sex offences (i.e., gross indecency, indecent assault)
  • Escape without violence from minimum security or from escort
  • Auto theft, conversion of auto
  • Possession of stolen property over
  • Assault causing bodily harm (no serious injury)
  • Parole or statutory release revocation, breach of probation (technical)
  • Possession of a restricted or prohibited weapon
  • Trafficking, conspiracy, possession for the purpose of trafficking (soft drugs)
  • Fraud offences, false pretences
  • Forcible entry
  • Criminal negligence causing death or resulting in bodily harm, dangerous driving
  • Robbery
  • Theft
  • Obstruction of justice and perjury, resist arrest, obstruct peace officer, etc.
  • Possession of a weapon to commit an indictable offence, carry a concealed weapon
  • Criminal harassment
  • Conviction for a breach of a long-term supervision order (LTSO)

Minor Offences Severity

  • Possession of stolen property under
  • Possession of soft drugs
  • Public mischief, damage to property, causing a disturbance, willful damage
  • Driving while impaired, driving with over 0.08, driving under suspension, take auto without consent, careless driving, etc.
  • Unlawfully at large, failure to attend court, failure to comply with undertaking or recognizance, failure to appear
  • Common assault
  • Theft under
  • Criminal negligence not resulting in bodily harm
  • Possession of forged currency, passports, cheques
  • Parole or statutory release revocation, breach of probation (technical)
  • Failure to remain at the scene of an accident

ANNEX E - ASSESSMENT FOR DECISION FOR A SECURITY CLASSIFICATION AND PENITENTIARY PLACEMENT – REPORT OUTLINE

INTRODUCTORY STATEMENT/CASE STATUS

Provide a brief statement of the purpose of the report, length of sentence, current offence(s), outstanding charges or appeals and immigration/deportation/extradition status.

SECURITY CLASSIFICATION ACTUARIAL RESULTS

Identify when the Custody Rating Scale, Security Reclassification Scale, or Security Reclassification Scale for Women was completed, the scores (institutional adjustment rating and security risk rating) and overall level of security indicated by the scale.

Include the statement that "The inmate has been provided a copy of CD 705-7, Annex B – Custody Rating Scale”.

INSTITUTIONAL ADJUSTMENT

Consider the following to assess institutional adjustment rating and update any relevant information since the completion of the most recent inmate security level review. For Indigenous offenders, provide an analysis within the context of their Indigenous Social History:

  • length of the inmate's sentence and its impact on the inmate's institutional adjustment
  • violent institutional incidents – use of weapons, role in the incidents, harm caused (including during provincial incarceration and previous federal sentences)
  • review the inmate's disciplinary information during intake, federal and provincial/territorial custody (identify if there have been any previous minor or serious disciplinary offences, the nature and gravity of the offences, if there is a pattern)
  • include comments on the inmate's behaviour from unit staff
  • review the Preventive Security file, record date of review and consultation with the Security Intelligence Officer
  • indicate whether the inmate has any affiliations with criminal organizations/gangs, or continues to be involved in criminal activities while in custody
  • identify the existence of incompatibles or co-convicted inmates and the impact on institutional adjustment
  • – identify whether any administrative intervention has been required in this case, such as involuntary or emergency transfers, periods of provincial segregation, transfers to a Structured Intervention Unit, etc. For Indigenous offenders, indicate whether any cultural interventions or restorative options were considered or used as an alternative to administrative interventions. If cultural interventions or restorative options were not used as an alternative, explain why
  • comment on inmate's level of motivation/engagement to participate in his/her Correctional Plan
  • mental health concerns that may affect institutional adjustment based on the results of psychological, psychiatric, mental health assessments or other information
  • identify whether the inmate displays special needs or socio-cultural factors indicating a requirement for special intervention on an ongoing basis (Indigenous inmate, woman inmate, etc.)
  • identify whether the inmate has a history of mental health issues, suicidal ideation, self-injury .  For Indigenous offenders, provide an analysis of their history of mental health concerns, suicidal ideation and/or self-injury within the context of their Indigenous Social History
  • current emotional stability, and whether this will impact on the inmate's institutional adjustment.

Institutional Adjustment Rating

Based on the individual adjustment factors and any other relevant considerations, assign a rating of either low, moderate or high.

Low – The inmate has demonstrated:

  1. a pattern of satisfactory institutional adjustment; no special management intervention is required
  2. the ability and motivation to interact effectively and responsibly with others, individually and in groups, with little or no supervision
  3. motivation towards self-improvement by actively participating in a Correctional Plan designed to meet his/her dynamic factors, particularly those relating to facilitating his/her reintegration into the community.

Moderate – The inmate has demonstrated:

  1. some difficulties causing moderate institutional adjustment problems and requiring some management intervention
  2. the potential to interact effectively with others, individually and in moderately structured groups, but needs regular and often direct supervision
  3. an interest and active participation in a Correctional Plan designed to meet his/her dynamic factors, particularly those which would lead to a transfer to a less structured environment and ultimately, to his/her reintegration into the community.

High – The inmate has demonstrated:

  1. frequent or major difficulties causing serious institutional adjustment problems and requiring significant/constant management intervention
  2. a requirement for a highly structured environment in which individual or group interaction is subject to constant and direct supervision
  3. an uncooperative attitude toward institutional programs and staff and presents a potentially serious management problem within an institution.

ESCAPE RISK

Consider the following to assess the escape risk rating and update any relevant information since the completion of the most recent inmate security level review. For Indigenous offenders, consider the impact of residential schools, the 60’s scoop, the foster care system and/or repeated interventions by government agencies that may have built a distrust of authority and government agencies that may be linked to repeated escapes, UALs and breaches of trust directly linked to their Indigenous Social History:

  • identify if the inmate is a Canadian citizen
  • identify history/convictions for escape, attempt escape, being unlawfully at large, breaches of trust (consider seriousness and recency)
  • use of violence or threatened violence in any escapes or attempted escapes
  • comment on whether there was a period of bail and whether the conditions of the bail were respected
  • identify if there are any outstanding charges or appeals, including those related to immigration/deportation issues that may impact the inmate's risk of escape
  • identify if length of sentence may have an impact on this area, and time to be served before eligibility for unescorted temporary absence
  • comment on any previous periods on parole or statutory release, whether the inmate has participated in any successful ETAs, UTAs or work releases
  • mental health concerns that may affect escape risk based on the results of psychological, psychiatric, mental health assessments or other information
  • other concerns – unusual circumstances having the potential to increase the escape risk (i.e. current emotional instability, custody battle, problems with significant other, gambling/drug debts, etc.).

Escape Risk Rating

Based on the preceding escape risk factors and any other relevant considerations, assign a rating of either low, moderate or high.

Low – The inmate:

  1. has no recent serious escape and there are no current indicators of escape potential
  2. has no significant history of breaches of trust.

Moderate – The inmate:

  1. has a recent history of escape and/or attempted escapes OR there are current indicator(s) of escape potential
  2. is unlikely to make active efforts to escape but may do so if the opportunity presents itself
  3. presents a definite potential to escape from an institution that has no enclosure.

High – The inmate:

  1. has demonstrated a pattern of escapes and/or attempted escapes OR there are current indicator(s) of significant potential to escape OR could threaten the security of the institution in order to facilitate his/her escape..

PUBLIC SAFETY RISK

Provide an analysis of the inmate’s public safety risk and update any relevant information since the completion of the most recent inmate security level review. For Indigenous offenders, provide an analysis within the context of their Indigenous Social History:

  • history of any known violence, include violent community incidents (consider the seriousness and recency)
  • Dangerous Offender designation under the Criminal Code
  • the inmate’s social, criminal and, where applicable and available, young inmate history. For Indigenous offenders, describe this history within the context of the offender’s Indigenous Social History
  • nature and gravity of current and number of previous offences (whether weapons were involved and whether serious harm occurred to the victim)
  • evidence of spousal abuse. For Indigenous offenders, make links between any spousal abuse and the offender’s Indigenous Social History
  • level of dynamic factors or areas of need identified in the Correctional Plan
  • Correctional Plan motivation/engagement and progress accomplished
  • past releases performance and past ETA, UTA or work release performance
  • mental health concerns that may affect public safety risk based on the results of psychological, psychiatric, mental health assessments or other information
  • emotional stability/instability, self injury history, suicide history. For Indigenous offenders, consider their history of emotional stability/instability, self-injury or suicide history within the context of their Indigenous Social History
  • detention referral or whether the inmate is being considered as a potential candidate for detention
  • alcohol and drug use and the drug and alcohol rating. For Indigenous offenders, consider any alcohol and drug concerns within the context of their Indigenous Social History
  • affiliations with criminal organizations/gangs. For Indigenous offenders, consider any affiliation concerns within the context of their Indigenous Social History. This may be related to family fragmentation and a lack of cultural identity corresponding based on the offender’s Indigenous Social History linked to a desire to belong
  • affiliation with a terrorist organization or radicalized group
  • whether the inmate meets the criteria of being a high profile inmate (will only have an impact if in light of the other factors, there is a clear connection between it and public safety)
  • identify if the inmate is being supported for release and when
  • notoriety likely to invoke a negative reaction from the public, victim(s) or police and/or to receive significant media coverage (sensational crime, major sexual or drug offence, terrorism, affiliation with organized crime, etc.). In order for notoriety to be a relevant factor, it must be demonstrated that it will have an impact on an inmate's reintegration potential by increasing the risk to re-offend, or the likelihood that they could pose a threat to the safety of any person or the security of a penitentiary
  • public safety risk in the event the inmate would escape.

Public Safety Rating

Based on the public safety factors and any other relevant considerations, assign a rating of either low, moderate or high.

Low – The inmate's:

  1. criminal history does not involve violence
  2. criminal history involves violence/sexually-related offence(s), but the inmate has demonstrated significant progress in addressing the dynamic factors which contributed to the criminal behaviour and there are no signs of the high risk situations/offence precursors identified as part of the offence cycle (where it is known)
  3. criminal history involves violence but the circumstances of the offence are such that the likelihood of reoffending violently is assessed as improbable.

Moderate – The inmate's:

  1. criminal history involves violence, but the inmate has demonstrated some progress in addressing those dynamic factors which contributed to the violent behaviour
  2. criminal history involves violence, but the inmate has demonstrated a willingness to address the dynamic factors which contributed to the violent behaviour
  3. there are current indicator(s) of moderate risk/concern, that include a suspended case being recommended for revocation by the Case Management Team.

High – The inmate's:

  1. criminal history involves violence and the inmate has not demonstrated any progress in addressing those dynamic factors which contributed to the violent behaviour or a willingness to attempt to address such factors
  2. criminal history involves violence and the inmate has not demonstrated a willingness to address the dynamic factors which contributed to the violent behaviour
  3. there are current indicators of high risk/concern, that include a suspended case being recommended for revocation by the Case Management Team.

OVERALL ASSESSMENT

Provide a short summary of the factors and consider the results of the mental health institutional assessment and/or the psychological risk assessment as well as any recent professional opinions such as psychological, psychiatric and mental health assessments and/or health care, comments from the Elder, if available, in the plan for managing the inmate at the proposed security level.

Consider Indigenous Social History as indicated in CD 702 – Indigenous Offenders and information provided in the Elder Review.

The intent of considering ASH is to examine circumstances of the Indigenous people and to seek alternative options to normal procedures to manage the Indigenous offender so that a more responsive decision can be made. ASH considerations are not risk factors and should never result in a more restrictive decision. It is possible that the end result may be the same but it is also possible that the consideration of ASH could result in a decision that is more restorative. To incorporate the ASH into the analysis, there are 3 components:

      1. Define the unique circumstances of the Indigenous offender.

        Analyze the circumstances of the communities (such as residential school systems, child welfare, dislocation, community fragmentation, marginalization, etc.) and the extent of their impact on the Indigenous offender at the individual level (i.e. gang affiliation, substance abuse, history of suicide, family or community history of substance abuse, family or community history of victimization, poverty, lack or low level of formal education, etc.). It should ideally answer the following question: How has their history impacted their current behaviour?
      2. Ensure that all culturally appropriate and/or restorative options are given due consideration in the decision-making process.

        Identify and document all restorative options (such as mediation, behavioural contract, etc.) and/or culturally appropriate options (traditionally-based options) that are applicable to manage the offender culturally and/or restoratively. The options must be weighed along with all other required considerations in arriving to the recommendation.

        Should none of the restorative or cultural options be suitable, document a detailed rationale as to why they are not appropriate.
      3. The analysis is documented in the recommendation to reflect the rationale of the recommendation.

        Link the impact of the ASH consideration on the resulting recommendation for penitentiary placement. For example, can the inmate be penitentiary placed at a lower security level with additional supporting options?

Include information provided in the Elder Review (if applicable).

Take victim considerations into account (if applicable).

Indicate the existence of co-convicted and/or incompatible inmates.

Comment on discussions during case conferences, when it occurred and who was present. Identify the Case Management Team's recommendations and how the recommendation meets the needs of the inmate while ensuring the safety of the public.

Comment on consultation with receiving institution, when an interregional penitentiary placement is being considered.

DISSENTING OPINION

Detail any dissenting opinions.

RECOMMENDATION

Final recommendation.

ANNEX F - INTERREGIONAL MOVEMENTS FOR OFFENDER INTAKE ASSESSMENTS AND INTERREGIONAL PENITENTIARY PLACEMENTS

  1. The purpose is to provide procedures to:

    • move offenders directly from provincial custody to an out-of-region facility for the completion of the Offender Intake Assessment
    • move offenders from provincial custody to an out-of-region facility when they are returning to federal custody as a result of a suspension
    • effect an interregional penitentiary placement.
  2. The receiving facility may be a federal facility, or a provincial facility with which CSC has an Exchange of Services Agreement. The facility may also be a Healing Lodge (section 81) in the case of an interregional penitentiary placement.

Criteria for Interregional Movements and Interregional Penitentiary Placements

  1. When it is determined that the most viable option is to either move an offender directly from provincial custody to an out-of-region facility, or proceed with an interregional penitentiary placement, the sending Regional Deputy Commissioner or delegate will assess the offender's risk and needs, and demonstrate that all other options have been considered prior to making the recommendation to proceed with the movement or placement.
  2. The sending Regional Deputy Commissioner or delegate will confirm that:
    • consideration has been given to principle 4g) of the CCRA:
      • (g) correctional policies, programs and practices respect gender, ethnic, cultural and linguistic differences and are responsive to the special needs of women, Indigenous peoples, persons requiring mental health care and other groups
    • all of the elements for selection of penitentiary as outlined in section 28 of the CCRA have been considered:
      • (a) the degree and kind of custody and control necessary for
        • (i) the safety of the public
          (ii) the safety of that person and other persons in the penitentiary, and
          (iii) the security of the penitentiary
      • (b) accessibility to
        • (i) the person's home community and family
          (ii) a compatible cultural environment
          (iii) a compatible linguistic environment, and
      • (c) the availability of appropriate programs and services and the person's willingness to participate in those programs
    • there are no current voluntary transfer applications in the sending region that can be processed
    • there are no approved voluntary transfers to the proposed receiving region waiting to be actioned.

Procedures for Movement Directly From a Provincial Facility to Another Region for the Offender Intake Assessment or Following a Suspension

  1. Once an offender has been sentenced and is in provincial custody, the community Parole Officer will meet with them, and gather the required information to prepare a Preliminary Assessment Report.
  2. When it is determined that an interregional movement is the best option to manage the offender, the District Director will advise the Assistant Deputy Commissioner, Correctional Operations, who will in turn inform the Regional Deputy Commissioner.
  3. Pursuant to section 12 of the CCRA, the offender shall not be received in federal custody until the expiration of 15 days after the day on which they were sentenced, unless the offender agrees to be transferred to a penitentiary before the expiration of those 15 days.
  4. If the offender is held in provincial custody pending the interregional movement, they become subject to the Exchange of Services Agreement.
  5. The sending Regional Headquarters will ensure that the Regional Advisor, Sentence Management, confirms the admission requirements to federal custody or to provincial custody where CSC has an existing Exchange of Services Agreement, as outlined in CD 703 – Sentence Management.
  6. The sending Regional Deputy Commissioner or delegate will discuss with the receiving Regional Deputy Commissioner or delegate the reasons that prevent the offender from remaining within the region, the criteria and considerations given to the pertinent policies to make the recommendation, and the possibility of an interregional movement via the Warrant of Committal. A transfer warrant is not required.
  7. Once it has been determined that an interregional movement can be facilitated, the receiving Regional Deputy Commissioner or delegate will inform his/her regional counterpart in the sending region of the final destination.
  8. The sending Regional Headquarters will document the rationale and the recommendation for the offender's movement in a Memo to File, which will include, but not limited to:
    • the reason why the Offender Intake Assessment cannot be completed within the sending region
    • the offender's risk and needs, keeping in mind subsection 4(g) and section 28 of the CCRA
    • the consideration given to the offender's state of health and health care needs, as identified in the Preliminary Assessment Report
    • the identification of any immediate needs in terms of security and suicide
    • a statement that presents the specific considerations given to all other options and a statement indicating that there are no other alternatives
    • the communication made with the regional counterpart, including his/her willingness to accept the movement of the offender in that region.
  9. As the sending Regional Deputy Commissioner or delegate has the recommending authority, they will sign the Memo to File.
  10. The receiving Regional Headquarters will document the final decision in a Memo to File, which will include, but not limited to:
    • the management of the offender's risk and needs
    • the acceptance of the offender in the region
    • the offender's destination.
  11. The decision maker for these movements is either the Regional Deputy Commissioner or the Assistant Deputy Commissioner, Correctional Operations, of the receiving region.
  12. As the receiving region is the final decision maker, one of the above-named will sign the Memo to File.
  13. The Regional Transfer Coordinator is responsible for the coordination of the transfer between regions.
  14. The Offender Intake Assessment will be completed by the receiving facility, unless otherwise specified in an Exchange of Services Agreement.
  15. Prior to the movement, the sending Regional Headquarters will communicate with the receiving Regional Headquarters when there is new information regarding risk and needs that would impact on the viability of the offender's movement. The Regional Headquarters are responsible for identifying a person to perform this task, and will ensure that the information is documented in a Casework Record.

Procedures for Transfer Directly From a Federal Facility to Another Region for a Penitentiary Placement

  1. The Parole Officer will complete an Assessment for Decision for an initial penitentiary placement pursuant to this Commissioner's Directive, which will include an added section to document the receiving region's comments. While the receiving region is being consulted, the Assessment for Decision will remain unlocked to allow the inclusion of these comments.
  2. The sending institution will advise the Regional Transfer Coordinator, who will then consult with his/her regional counterpart to explore the regional willingness to accept the inmate and to identify the best suited institution.
  3. The Regional Transfer Coordinator will then forward the consultation comments to the sending institution, which will include the final destination.
  4. The sending institution will document the consultation comments in the Assessment for Decision, finalize the recommendation, lock the document in the Offender Management System, and share the information with the inmate.
  5. The inmate may submit a rebuttal should they disagree with the proposed placement. The rebuttal process must be followed pursuant to this Commissioner's Directive.
  6. The decisional process is the same as for an interregional transfer pursuant to CD 710-2 – Transfer of Inmates.
  7. Consultation process for an interregional penitentiary placement in a Healing Lodge (section 81) will follow the same process as described in CD 710-2 – Transfer of Inmates, but the decision maker is the Regional Deputy Commissioner of the receiving region.
  8. The above procedures will also apply in situations when the sending region was not able to finish the Offender Intake Assessment prior to the interregional transfer for penitentiary placement purposes. The responsibility for incomplete case preparation rests with the sending region, unless otherwise agreed upon by the two regions.

Decision on Security Classification

  1. The decision on security classification will follow the normal process as outlined in this Commissioner's Directive. The recommendation for security classification is made within the Assessment for Decision for initial penitentiary placement, and the sending Institutional Head makes the final decision.

For more information

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