Task Force Report on Administrative Segregation

O. Summary of Recommendations

In order to ensure that: (a) the procedural compliance which has been achieved to date is maintained; (b) substantive compliance, respect for the rule of law is entrenched in correctional operations; and (c) within this process, the specific needs of women and Aboriginal offenders are recognized, the Task Force recommends implementation of the following measures.

Maintain Continuity

1. A Segregation Advisory Committee should be created for a period of time, with membership from inside/outside CSC, to continue to work to making improvements in moving to an effective and compliant administrative segregation process.

Enhance The Segregation Review Process

2. Eight initiatives should be undertaken to enhance the segregation review process.

1. A standard operating procedure should be developed and adopted outlining the roles and responsibilities of all parties involved in the administrative segregation process in the context of the relevant law, regulation and policy. Staff members and managers must be held accountable. Steps should be taken to include compliance with the law as a key factor in staffing, promotion and performance review processes.
2. A continuous education initiative must be targeted at staff members and managers with direct responsibilities for administrative segregation. The initiative must include training on the legal rights of Aboriginal people, more specifically, on their access to spiritual/cultural possessions and support, and the need to continue the healing process identified in the Correctional Plan. Further, OMS training on changes to the system with respect to the administrative segregation process must be immediately provided to all users who are involved in the process.
3. Institutions with segregation units should review the informal approaches used to prevent or discontinue segregation, and explore other alternatives, such as formal and informal mediation mechanisms.
4. More formal and disciplined segregation review hearings should be adopted. The Task Force recommends mandatory certification for all chairpersons of Segregation Review Boards.
5. OMS should be recognized as the principal file of record.
6. Regional Segregation Review and Transfer Boards should be established in each region to expedite intra-regional transfers of segregated inmates. The Task Force also recommends that CSC create an Inter-Regional Transfer Board to arbitrate and effect transfers between regions.
7. Proposed changes to expedite the resolution of complaints and grievances initiated by segregated inmates should be integrated into the implementation of the enhanced model.
8. Scheduled and random audits should be performed to ensure that the segregation review process and the conditions of confinement in segregation units are in compliance with the law and policy.

The implementation of recommendations will have to be respectful of both Aboriginal and women offender requirements and rely on input from both internal and external specialists and stakeholders.

Experiment With Independent Adjudication

3.(a) CSC should experiment with a model for independent adjudication as soon as possible to evaluate both the impact of the operational requirements (organization, roles and responsibilities, and cost) and the benefits that may accrue to improving the fairness and effectiveness of the administrative segregation review process. The experiment should be used to determine not only how the best blend between an enhanced segregation review process and independent adjudication could be achieved, but also to determine if independent adjudication improves the fairness and effectiveness of decision-making. The results of the evaluation should include the clear definition of the factors that indicate the benefits and deficits of using independent adjudication; an analysis of the impact that independent review has had on the decisions that were taken; recommendations on the best model and best fit for independent adjudication; and proposals of an action plan for implementation if the recommendation is to adopt the model.

3.(b) Experimentation with independent adjudication should be fast-tracked in order to ensure that evaluation results are available for review by EXCOM by the end of 1997. The Task Force has also considered the relationship between the proposed experiment with independent adjudication and the CCRA five year review, which is presently underway. The Task Force is concerned that the window for legislative amendment provided by the review not be closed while the proposed experimental model is being implemented. The Task Force therefore recommends that, while experimentation is taking place, drafting of proposals for possible legislative amendments could occur. If regulatory measures are also deemed to be helpful then they could also be drafted in parallel.

Review the Management of Sub-Populations In a Legal/Policy Context

4.(a) As a first step to developing a legal/policy and procedural context for the management of a range of "sub-populations", they should be clearly described in the forms in which they are actually occurring in the institutions and clearly distinguished (describing when and how they would be used) as alternatives to administrative segregation.

4 (b) As a second step, principles to govern placement in each "sub-population", provision of appropriate rights, privileges and conditions of confinement and due process (review) must be clearly stated for each "sub-population’. The underlying factor for developing such descriptions must be the degree of intrusiveness placed on the individual’s residual rights and freedoms.

4.(c) In light of (a) and (b), a formal review of the CCRA/CCRR, policies and procedures should be undertaken to -

1. develop an integrated description of these "sub-populations" in the context of the law and current policy;
2. evaluate the extent to which the law and policy adequately support the management of these "sub-populations"; and
3. identify deficiencies in policy and the law and corrective actions that should be taken in the context of changes to CSC policy and/or the CCRA Review.

Review the Elements of Conditions of Confinement

5.(a) The purpose of delivering programs in administrative segregation is to offset the debilitating impact of segregation; to assist inmates in reintegrating into less restrictive environments, when and where possible, and to prepare offenders for reintegration into the community when release into the institutional population is not possible. As a consequence, as soon as possible after the five-day review the inmate’s Correctional Plan should be amended to include a reintegration strategy for placement in a less restrictive population. The programs offered in segregation must be directed to achieving this new goal.

The original goals of the Correctional Plan, to facilitate the reintegration of inmates into the community, must be reinstated if the timely return of an inmate into a less restrictive population is impossible.

5.(b) Aboriginal inmates have distinct needs and are legally entitled to spiritual and cultural support. Therefore, CSC must ensure that segregated Aboriginal inmates have access to Spiritual Leaders and Elders, Native Liaison Workers, sacred and cultural items, and appropriate spiritual ceremonies (e.g. sweat lodges). In addition, CSC must take an active role in offering programming that is tailored to meet their respective needs.

6. With respect to recreational activities, additional exercise time should be provided when possible within the limitations of the segregation area, security requirements, and resource availability. All institutions should ensure that the exercise yards are equipped with some form of recreational equipment (i.e. chin-up bars, basketball nets, balls, etc.). Segregated inmates must have access to cards, board games, television, music, art work, or other cell hobbies.

7. Cleanliness of the administrative segregation units must be an ongoing priority. Significant progress has occurred in all regions to attain and sustain this goal. The compliance audit indicated that major changes had occurred in all institutions with respect to conditions of the physical plant. No institution was cited as having any major deficiency in this area. Part of proposed regular and random audits should include the systematic review of all factors contributing to cleanliness, health, safety and security.

8. Each administrative segregation unit should develop an Inmate Handbook that is provided to each segregated inmate at placement. An example was developed and distributed by the Task Force to each administrative segregation unit across the country. The handbook should clearly define what segregation is under the law; the rights, privileges, and conditions of confinement of segregated inmates; and define the steps that will be followed to review inmates’ cases. Finally, the handbook should describe the daily routine of the unit and the responsibilities of segregated inmates while segregated.

9. Segregated inmates are entitled to their personal effects. Immediately upon placement in administrative segregation, CSC must ensure that adequate bedding, clothing, and toilet articles for personal health and cleanliness are provided. Segregated inmates should receive all of their cell effects shortly thereafter. In most cases, all personal effects that do not jeopardize security requirements should be provided to segregated inmates after their five-day review.

Review The Role of the Psychologist

10. The psychologist has a critical role to play in the administrative segregation review process. The Task Force engaged this community through a questionnaire that focused on their role and responsibilities. The result of this dialogue follow.

1. Mental health professionals should be brought together to share their expertise and best practices on assessments, interventions, preventive measures, alternatives, and research of segregated inmates.
2. The policy criterion requiring the psychologist to determine "the inmate’s capacity to remain in administrative segregation" must be reworded.
3. The Task Force encourages psychologists to take an active role in intervening shortly after an inmate’s placement in segregation.
4. A national assessment form should be developed and installed on OMS.
5. Staff assigned to work in segregation units should be sensitized and educated on mental health issues. The reference manual should include a section on the identification of factors and behaviours associated with mental health deterioration.

Review The Role of the Case Management Officer (CMO) and Correctional

Officer II (COII)

11. The Task Force has based many of its recommendations on the need to develop a reintegration plan for the segregated inmate, as early as possible after placement. It has observed that there is a requirement to ensure the modification and the implementation of the inmate’s Correctional Plan. There have been advantages and disadvantages identified for both approaches. Two important observations are noted -

• the need to maintain a clear relationship between an inmate’s correctional and reintegration plans; and
• the need to ensure that segregated inmates, particularly voluntary cases, continue to remain a high priority for CMOs and COIIs.

The Case Management Manual should be reviewed and revised in the context of these observations and recommendations. Particular attention should be given to the development of training models on the management of segregated inmates in the context of the law.

Review The Role of the Staff of the Administrative Segregation Unit

12. The Task Force observed that the use of a dedicated unit management team provided the best approach to ensuring compliance with the law. A dedicated staff should be assigned to the administrative segregation unit. The rotation schedule should be modified to allow staff to be assigned for designated periods, sufficient to ensure that administrative segregation units are staffed in a consistent manner by personnel familiar with the law; the unit and its routine and the segregated inmates. The roster should also provide staff with an opportunity to maintain contact with other staff and familiarize themselves with the day-to-day operation of other posts in the institution.

The Task Force has made recommendations with respect to continuous education in understanding the overall context of the law and applying it to the daily activities of the administrative segregation unit. An important aspect of this training is the respect of rights and privileges of Aboriginal inmates under the law. The Task Force is recommending that particular attention be given to refamiliarization with the applicable law and Aboriginal entitlements to Native artifacts and ceremonies associated with spirituality and the healing process. Institutional-based training modules should be developed and supplemented by integrated reference material that is easily accessible and understood by staff.

Review The Observations and Recommendations in the Context of Women Offenders

13. There are a number of issues that demand more careful examination in the context of a women’s-centered approach to defining alternatives to segregation and/or long-term separation from the general inmate population -

• administrative segregation may have more severe debilitating effects on women offenders; women offenders can be more deeply affected by separation from the general inmate population;
• there is evidence that shows that women offenders who are housed in higher levels of security are more likely to be Aboriginal;
• the impact of the use of flexible space (enhanced units) in institutions for women offenders, although responding to a number of institutional requirements to temporarily separate offenders (reception and assessment, special needs, short-term segregation, privacy, quiet-time, etc.) have an impact on the rights and freedoms of women offenders housed there and therefore the compatibility among the various purposes of its use;
• the use of effective transition strategies to offset situations where segregation may be used otherwise; and
• the review of sub-populations in the context of the Task Force recommendations on the protection of rights, privileges and conditions of confinement under the law.

The Task Force recognizes that the small numbers of women offenders create specific population management challenges and opportunities. Any efforts to respond to specific risk/need attributes of women offenders through separation from the general inmate population impact them significantly. The Deputy Commissioner for Women should develop, in conjunction with the proposed formal review of all population management practices, procedures to ensure that appropriate legal and policy safeguards are in place in all women sub-populations, irrespective of their expressed official purpose.

Focus on Distinct Aboriginal Issues

14. Aboriginal peoples possess distinct legal rights including those in the Constitution of Canada which recognize and affirm existing Aboriginal and treaty rights. This legal reality is reflected in the distinct legal rights possessed by Aboriginal offenders in the CCRA.

(a) Section 81 of the CCRA is perhaps the most important provision of the legislation relating to Aboriginal Peoples. It states:

The Minister, or a person authorized by the Minister, may enter into an agreement with an aboriginal community for the provision of correctional services to aboriginal offenders and for payment by the Minister, or by a person authorized by the Minister, in respect of the provision of those services.

It creates the opportunity to address issues of long term segregation cases in a proactive way, in partnership with Aboriginal communities. Accordingly, the Task Force recommends that CSC embrace and explore the challenges and opportunities presented by Section 81.

(b) At a meeting of Aboriginal participants at Morley Alberta, a pilot project was proposed to evaluate whether alternatives to both voluntary and involuntary segregation of Aboriginal inmates could be successfully implemented. All members of the Task Force and the representatives of the Prairie Region recognize the desirability of initiating such a project. Therefore, the Task Force recommends that a pilot project be developed with the close collaboration of Aboriginal representatives. The pilot project should be conducted in an institution which has a high number of Aboriginal segregated inmates and be appropriately resourced. The project should seek to define alternatives to administrative segregation based on principles of restorative justice unique to Aboriginal people and should seek creative methods by which the segregation process can be made more respectful of the cultural and spiritual needs of Aboriginal offenders.

Conduct Research

15.(a) The Task Force recommends that a research project be initiated using existing databases to develop a screening protocol that would better assess the needs of inmates at risk of becoming segregated.

15.(b) Little is known about the psychological make-up and different coping skills of segregated male, women, and Aboriginal inmates. Research in these areas will provide information that could be used to identify segregated inmates who are more likely to be negatively affected by segregation. This information will help to develop interventions which are designed to facilitate inmates’ reintegration into the general inmate population and to negate the potentially harmful effects associated with segregation