Commissioner's Directive
Date:
2001-02-20
Number - Numéro:
540
TRANSFER OF OFFENDERS
Issued under the authority of the Commissioner of the Correctional Service of Canada
1. To assist the Correctional Service of Canada in managing the offender population through transferring offenders to meet their individual security requirements and program needs and to ensure that offender rights are protected.
2. To ensure consistent procedures for intra-regional and inter-regional transfers across the country.
3. Sections 28 and 29 of the Corrections and Conditional Release Act and sections 11 to 16 of the Corrections and Conditional Release Regulations.
4. Subsection 27(3) of the Corrections and Conditional Release Act
CD 081- Offender Complaints and Grievances
CD 084 - Offender's Access to Legal Counsel
CD 087 - Official Languages and Services Provided to Offenders and the General Public
CD 095 - Information Sharing with Offenders
CD 541- Inter-jurisdictional Transfers
CD 542 - International Transfers
5. The authority regarding the transfer decision and the issuance of a transfer warrant is delegated as outlined in the attached Annex "A", "Transfer of Offenders - Delegation of Authority".
6. Regional Headquarters shall ensure the following:
a. bed/cell availability and priorities on waiting lists;
b. designation of a person at Regional Headquarters who can be contacted in the case of emergency transfers and inter-regional transfers.
7. Institutional Heads shall ensure that there is a person assigned to receive the incoming transfer notifications. This person shall also be responsible to act as the contact person in order to complete case conferences on behalf of either the sending or proposed receiving institution.
8. Institutional Heads shall ensure that offenders are notified of the final transfer decision and associated reasons within the timeframes outlined in the attached Annex "B", "Transfer of Offenders - Offender's Notification of Decision".
9. Offenders should be serving their sentences at the level of security considered necessary to meet their security requirements and individual program needs.
10. Transfer procedures must ensure that transfers are carried out in a fair, efficient and secure manner that meets the requirements of both the offender and the institutions involved and that offender rights are protected.
11. There may be reasons to accommodate an offender in a facility of a security level different than the offender's security classification. Any such instances shall be clearly justified and documented.
12. The principles of the duty to act fairly and of fundamental justice to provide an offender the opportunity to respond in an informed manner to the notice of transfer must be strictly adhered to. The test must be whether enough information has been revealed to allow the person concerned to answer the case against him or her, not whether there exists good grounds to withhold information.
13. When an involuntary transfer is proposed, the offender shall be advised, in writing, of his or her right to legal counsel without delay and in no instance shall the delay be more than 24 hours.
14. The offender shall be provided with all the information to be considered in making the decision. This shall include confidential and preventive security information to the fullest extent possible when it impacts on an application for a voluntary transfer or is to be considered in an involuntary transfer recommendation. This shall be based on a balance between the offender's right to know the case against him or her, and the protection of the sources of confidential information. Where the confidential nature of the information requires that only the "gist" of the information be provided to the offender, the decision-maker should be satisfied that no other details could be provided without revealing security or informant information. The assessment of what information is to be shared shall occur on a case-by-case basis using the principles contained in subsection 27(3) of the Corrections and Conditional Release Act, in Commissioner's Directive 095, "Information Sharing With Offenders", and in Standard Operating Practices 700-1 on "Information Sharing and Disclosure".
National Parole Board Notification
15. Offender transfers shall normally not be effected within two months prior to a scheduled panel hearing by the National Parole Board. If a transfer is unavoidable, the sending institution will immediately notify the Board of the transfer and maintain responsibility for the casework in relation to Board decision-making.
16. The implementation of this directive is detailed in the Standard Operating Practices 700-15 on Transfer of Offenders.
Original signed by
Lucie McClung, Commissioner
ANNEX "A" - TRANSFER OF OFFENDERS - DELEGATION OF AUTHORITY
| TRANSFER TYPE |
DECISION-MAKER |
TIMEFRAMES FOR DECISION* |
|
Penitentiary Placement
|
Head of the sending institution which operates the Intake Unit or the Post-Suspension Unit | Offender must be given reasons for the proposed placement in writing at least two (2) working days prior to the final decision and transfer to the assigned penitentiary. This is to allow the offender to respond to the proposed placement. | |
| Intra-regional**
(voluntary and involuntary, including emergency)
|
Head of the sending institution
Note: In the case of emergency transfers, where possible, Regional Headquarters must be notified of the transfer before it is effected. In cases where it is not possible to reach the regional authorities, Regional Headquarters must be notified at the first opportunity. In addition, the sending institution shall notify the receiving institution of the transfer before it is effected. |
Voluntary:
As soon as possible within 60 days of offender's request being submitted. Involuntary:
|
|
| TRANSFER TYPE |
DECISION-MAKER |
|
| Inter-regional
(voluntary and involuntary, including emergency) |
Regional Deputy Commissioner, Assistant Deputy Commissioner or Regional Administrator, Reintegration of
the receiving Region
Note: In cases where the sending Region is not in favour of the inter-regional transfer, a decision is rendered at that time and the case is not forwarded to the proposed receiving Region.
Note: Emergency transfers may be effected after consultation between Regional Headquarters at both the sending and receiving Regions. |
Voluntary:
As soon as possible within60 days of offender's request being submitted. Involuntary: In cases where the offender does not rebut, as soon as possible within 45 days of the time the offender is provided with the Notice of Involuntary Transfer Recommendation In cases where the offender rebuts, within 45 days of the provision of the Notice of Involuntary Transfer Recommendation or within 15 working days of the date of the rebuttal, whichever period is longer. |
| Inter-regional
Maximum Security Women from Ontario (voluntary and involontary, including emergency) |
Regional Deputy Commissioner, Assistant Deputy Commissioner or Regional Administrator, Reintegration of the receiving Region | The receiving region shall process the inter-regional transfer request from the Ontario Region immediately.
The timeframe for decision-making shall be 5 calendar days (rather than 45 days).
The transfer itself shall occur within 10 calendar days from the day the request is made to the receiving region. |
| To the Special Handling Unit (SHU) for assessment purposes or on an emergency basis | Regional Deputy Commissioner of the sending Region or the person acting in the incumbent's absence
Head of sending institution recommends the transfer. |
The timeframes for involuntary or emergency transfers apply. |
| TRANSFER TYPE |
DECISION-MAKER |
|
| Placement to the Special Handling Unit after assessment | Senior Deputy Commissioner
SHU Advisory Committee recommends placement after assessment. |
Up to three (3) months to complete the assessment and up to one (1) month thereafter to make a decision. |
| Transfer out of the Special Handling Unit | Senior Deputy Commissioner, on the recommendation of the SHU Advisory Committee. | Timeframes for voluntary or involuntary intra or inter-regional transfers apply. |
| To and from an aboriginal community | Regional Deputy Commissioner or Assistant Deputy Commissioner of the Sending Region
Head of sending institution recommends the transfer according to the terms of the agreement under section 81 of the Corrections and Conditional Release Act. |
The timeframes for voluntary transfers apply, excluding time attributable to the aboriginal community's consideration of the request. |
| To and from a psychiatric / treatment centre/mental health unit for assessment purposes | Clinical Director or head of the institution where the unit is located, depending on the case
Head of sending institution recommends the transfer. |
Depending on the nature of the transfer, the timeframes for voluntary, involuntary or emergency transfers apply. |
| Placement to the psychiatric/treatment centre/mental health unit after assessment | Clinical Director or head of the institution where the unit is located, depending on the case
Mental Health Team or psychologist recommends placement after assessment. |
Up to three (3) months to complete the assessment and up to one (1) month thereafter to make a decision. |
| TRANSFER TYPE |
DECISION-MAKER |
|
| To and from an aboriginal healing lodge | Head of the Healing Lodge
Head of sending institution recommends the transfer. |
Depending on the nature of the transfer, the timeframes for voluntary, involuntary or emergency transfers apply. |
| International Transfer
(into and out of Canada) |
Solicitor General
|
For transfers into Canada - normally six (6) to nine (9) months; for transfers out of Canada - normally
three (3) months.
|
* Legal timeframes specific to each type of transfer are outlined in the Standard Operating Practices. Unless otherwise specified, the number of days refers to "calendar" days.
** In the Quebec Region, the head of the Regional Reception Centre also has the delegated authority to sign warrants for intra-regional transfers.
ANNEX "B" - TRANSFER OF OFFENDERS - OFFENDER'S NOTIFICATION OF DECISION
|
TRANSFER TYPE |
TIMEFRAMES FOR NOTIFICATION |
| Voluntary Transfer | Within 60 days after the submission of the transfer application, including the reasons if the decision is to deny the request. |
| Involuntary Transfer |
|
| Emergency Transfer | Within five (5) working days after the final decision, including the reasons for the decision. |
| Placement to the Special Handling Unit or a psychiatric/treatment centre/mental health unit after assessment | Within two (2) working days after the final decision, including the reasons for the decision. |