Commissioner's Directive

Date:
2012-06-13

Number:
708

Special Handling Unit

Issued under the authority of the Commissioner of the Correctional Service of Canada

 

Policy Objectives

1. To contribute to the safety of staff and inmates and to the security of the institution by providing a safe and humane environment in the Special Handling Unit (SHU) for those inmates who pose an ongoing danger to staff, other inmates or the public, and who cannot be safely managed at any other maximum security institution.

2. To ensure measures used for those inmates who pose an ongoing danger are consistent with the protection of society, staff members and offenders and are limited to only what is necessary and proportionate to attain the purposes of the Corrections and Conditional Release Act.

Authorities

3. Corrections and Conditional Release Act (CCRA), sections 3, 3.1, 4, 15.1, 26, 28, 29,
and 87

Corrections and Conditional Release Regulations (CCRR), sections 11, 12, 13, 14 and 15

Application

4. This Commissioner's Directive applies to all staff involved in the case management, review and transfer of inmates to and from the SHU.

Responsibilities

5. The Senior Deputy Commissioner will:

  1. establish a National Advisory Committee;
  2. participate in the review of, and make the final decision whether to admit to, maintain at, or transfer inmates from the SHU;
  3. take into consideration and document an inmate's state of health and health care needs when making a decision to transfer an inmate from the SHU; and
  4. chair the administrative meetings of the National Advisory Committee. In his/her absence, the Senior Advisor may chair.

6. The Senior Deputy Commissioner may invite CSC staff or others to be observers at case reviews and/or to attend administrative meetings of the National Advisory Committee, as appropriate.

7. In the absence of the Senior Deputy Commissioner, the Assistant Commissioner, Correctional Operations and Programs, will perform the duties of the Senior Deputy Commissioner under this policy.

8. The Regional Deputy Commissioner will:

  1. review and make the final decision in the case of any inmate referred by an Institutional Head for transfer to the SHU for assessment purposes;
  2. in exceptional circumstances, approve the transfer of an inmate to the SHU within six months of their scheduled Statutory Release Date or Warrant Expiry Date;
  3. when it appears that an inmate is suffering from a mental disorder requiring essential mental health care at the time of the preparation of his case for transfer to the SHU, ensure all reasonable efforts have been made to initiate treatment prior to the decision on the transfer; and
  4. review the case of any inmate who is awaiting an involuntary transfer to the SHU and who has been in administrative segregation for 120 days to determine whether he still requires a transfer for assessment purposes as per CD 709 - Administrative Segregation.

9. The Institutional Head will:

  1. make the initial determination as to whether or not an inmate's behaviour warrants consideration for a transfer to the SHU for assessment purposes and will submit his/her recommendation to the Regional Deputy Commissioner; and
  2. ensure processes outlined in CD 784 - Information Sharing Between Victims and the Correctional Service of Canada are respected.

10. The National Advisory Committee is comprised of:

  1. the Director, Institutional Reintegration Operations, from National Headquarters (NHQ), to be known in this directive as the Senior Advisor;
  2. the Director General, Security or, as an alternate, the Director, Intelligence Operations, Policies and Programs;
  3. an Institutional Reintegration Operations staff member identified by the Senior Advisor;
  4. the Manager, Assessment and Interventions of the SHU;
  5. at least two Institutional Heads of maximum security institutions from two different regions and an Executive Director, Treatment Centre;
  6. a mental health representative from Health Services at NHQ; and
  7. a person external to CSC, consistent with paragraph 4(e) of the CCRA.

11. In exceptional circumstances where an Institutional Head/Executive Director cannot attend the National Advisory Committee, the Deputy Warden can attend on his/her behalf.

12. The National Advisory Committee will:

  1. make recommendations to the Senior Deputy Commissioner whether to admit to, maintain at, or transfer an inmate from the SHU;
  2. conduct an interview with the inmate, upon his request, as per the protocol outlined in Annex F; and
  3. review operational and policy issues specific to the SHU that require strategic discussion and make recommendations, as deemed appropriate.

13. The Senior Advisor will:

  1. provide advice to the Senior Deputy Commissioner;
  2. establish the annual calendar for the review of cases;
  3. establish the agenda for the administrative meetings of the National Advisory Committee;
  4. oversee the implementation of the decisions and recommendations of the Senior Deputy Commissioner;
  5. record minutes of the administrative meetings of the National Advisory Committee; and
  6. ensure that the Annual Report of the Special Handling Unit - National Advisory Committee is prepared and submitted to the Senior Deputy Commissioner.

14. The Institutional Head of the SHU will:

  1. ensure that there is a Correctional Intervention Board; and
  2. ensure processes outlined in CD 784 - Information Sharing Between Victims and the Correctional Service of Canada are respected.

15. The Correctional Intervention Board at the SHU will:

  1. be chaired at the Manager, Assessment and Interventions level (or above);
  2. consist of SHU Parole Officers and other ad hoc members (such as Elder, Aboriginal Liaison Officer, Program Officer, Psychologist, Correctional Manager, Security Intelligence Officer, etc.), as appropriate; and
  3. examine the recommendations put forth by the Case Management Team for every case review and document recommendations in the Offender Management System (OMS), CSC Board Review/Decision screen.

16. The Manager, Assessment and Interventions at the SHU will:

  1. be responsible for the quality control of case management reports;
  2. oversee and facilitate the case management and reviews relating to SHU inmates, including case conferences;
  3. chair the Correctional Intervention Board and note any dissenting opinions;
  4. request security confirmation notices from the sending and the receiving Institutional Heads/Executive Directors, through the Director General, Security;
  5. implement the decisions of the Senior Deputy Commissioner; and
  6. organize and facilitate the National Advisory Committee meetings in collaboration with the Institutional Reintegration Operations staff member at NHQ.

17. The Psychologist of the sending institution will complete the mental health screening for inmates being considered for transfer to the SHU for assessment, and if required, a mental health assessment.

18. For emergency involuntary transfers, and for inmates convicted of any terrorism offence where the initial security classification is maximum, the Psychologist at the SHU will complete the mental health screening and if required, a mental health assessment.

19. The Director General, Security, will approve the security confirmation notice and provide it to the Senior Advisor and Manager, Assessment and Interventions at the SHU, prior to any transfer from the SHU.

20. The Parole Officer at the SHU will:

  1. complete the Assessment for Decision as per Annex B, C or D;
  2. attend and present the inmate's case to the Correctional Intervention Board;
  3. attend and present the inmate's case to the National Advisory Committee and provide relevant updates as required; and
  4. maintain and update the Correctional Plan in consultation with the inmate.

Procedures

Transfer to the Special Handling Unit

21. An inmate may be considered for transfer to the SHU for assessment purposes if he:

  1. causes or commits, or there is reason to believe he has committed an act of violence, makes serious threats, or otherwise shows an ongoing propensity for serious violence such that a transfer to the SHU is the only reasonable alternative;
  2. causes or commits an act resulting in serious bodily injury or death; or
  3. is convicted of any terrorism offence where the Custody Rating Scale is maximum and the RDC determines that he meets the criteria for a placement to the SHU for assessment purposes. As applicable, the inmate may be directly placed from provincial custody to the SHU.

22. The determination may be based on a single significant behaviour or on a series of violent behaviours.

23. The Institutional Head will recommend the case for review to the Regional Deputy Commissioner, and include the following reports:

  1. the Assessment for Decision prepared in relation to the proposed transfer, as per Annex C of CD 710-2 - Transfer of Inmates;
  2. the mental health screening and, if applicable, the mental health assessment; and
  3. the Health Services Transfer Summary (CSC/SCC 377-01).

24. The Transfer Coordinator of the sending region will consult the Manager, Assessment and Interventions at the SHU, prior to the submission to the Regional Deputy Commissioner for decision.

25. The Regional Deputy Commissioner of the sending region will make the decision to transfer the inmate to the SHU for assessment and take into account all available information, including psychological and psychiatric assessments.

Mental Health Screening and Assessment

26. A mental health screening and, if required, a mental health assessment will be completed in the sending region prior to the transfer. However, in the case of an emergency involuntary transfer and for inmates convicted of any terrorism offence, the mental health screening and, if required, the mental health assessment will be completed at the SHU.

27. The assessment may include the following elements:

  1. reason for transfer to the SHU;
  2. mental health history, including history of self-injury and/or suicide attempts;
  3. summary of previous psychological and psychiatric assessments, if available;
  4. discussion of the inmate's current mental status;
  5. discussion of the inmate's personality dynamics (based on interview and testing);
  6. a diagnosis;
  7. receptivity to intervention and level of motivation;
  8. identification of treatment needs, if any;
  9. assessment of the potential mental health impacts of the placement at the SHU;
  10. recommendation regarding the need for further assessment, intervention and/or follow-up; and
  11. recommendation regarding the management of the inmate based on his mental health needs and dynamic factors.

28. If the inmate refuses to participate, the Psychologist will complete the summary of the inmate's mental health history as detailed above based on file information.

Assessment Period in the Special Handling Unit

29. Within four months of transfer to the SHU, the Parole Officer at the SHU will complete an Assessment for Decision for admission to, or transfer from, the SHU as per Annex B or Annex D. If the inmate has been transferred directly to the SHU after sentencing, the Parole Officer will also complete the intake assessment and Correctional Plan.

30. In the case of an emergency involuntary transfer, the four-month period noted above commences once the Regional Deputy Commissioner has approved the transfer to the SHU for assessment.

31. The National Advisory Committee will review the case and recommend to the Senior Deputy Commissioner to:

  1. admit the inmate to the SHU; or
  2. deny admission and transfer the inmate to a maximum security institution.

32. Any extension of the four-month assessment period or extension of subsequent review periods will be approved by the Senior Deputy Commissioner. The grounds for an extension include:

  1. a need for more information; or
  2. a requirement to prolong the assessment period.

33. The decision to extend the period will be recorded in a Memo to File and include the time period of the extension and rationale. A copy will be provided to the inmate within five working days.

Inmate Interviews with the National Advisory Committee (Sharing of Information)

34. The inmate will be provided written notice of the date and time of the National Advisory Committee review and copies of the information used in the review at least five days in advance. The inmate may waive the five day notice.

35. The Senior Advisor will invite the inmate to participate in a pre-review interview to be conducted by at least two members of the National Advisory Committee.

36. The inmate's counsel, or other representative approved by the Senior Deputy Commissioner, may participate in the interview as per Annex F.

37. The inmate may submit written representations to the National Advisory Committee or the Senior Deputy Commissioner, through the Manager, Assessment and Interventions at the SHU, regarding the recommendation on his case.

38. Should additional information be obtained within five days of the review, the new information will be shared with the inmate prior to the scheduled review. The inmate will be advised of his right to submit representations in person or in writing.

39. The Manager, Assessment and Interventions, will advise the National Advisory Committee which inmates wish to be interviewed and will forward the inmates' written representations to the Committee.

40. National Advisory Committee members will follow the interview procedures in Annex F.

Maintaining at the Special Handling Unit

41. Once a decision has been made to admit the inmate to the SHU, subsequent reviews to determine whether he will be maintained at, or transferred from, the SHU will be conducted no less than once every four months, as per Annex C and Annex D.

Follow-Up Mental Health Assessments

42. The inmate's mental health status will be reviewed and a new assessment of the impact of the SHU placement on his mental health will be completed one year after formal admission to the SHU and every year thereafter. A shorter timeframe can be in place when deemed necessary by a mental health professional.

Transfer from the Special Handling Unit

43. The Parole Officer at the SHU will complete an Assessment for Decision, as per Annex D, for review by the National Advisory Committee when considering the transfer of an inmate from the SHU.

44. All decisions relating to transfers from the SHU will be made as per CD 710-2 - Transfer of Inmates, with the necessary modifications dictated by this policy.

45. The Parole Officer or his/her supervisor will provide information to the Victim Services Unit as per CD 784 - Information Sharing Between Victims and the Correctional Service of Canada.

46. When a Parole Officer is considering an inmate's transfer from the SHU, a Management Plan will be requested from the proposed receiving institution.

47. The Management Plan will be completed within 10 days of the request in a Memo to File as per Annex E. The completing institution will notify the Manager, Assessment and Interventions at the SHU, once the Management Plan is completed.

48. The Management Plan will include consultation comments from the Institutional Head, Executive Director, Treatment Centre if applicable and the Security Intelligence Officer.

49. When an inmate is considered for transfer to a Treatment Centre, the Parole Officer at the SHU will request a joint Management Plan from the authorities of both the Regional Treatment Centre and the parent institution, which will include the evaluation of clinical information and how the Treatment Centre will address the inmate's needs.

50. Any dissenting opinion of the Institutional Head of the receiving institution or the Executive Director, Treatment Centre will be documented in the Assessment for Decision.

51. Should the Case Management Team at the SHU continue to support the transfer, an explanation as to why the proposed institution is considered to be the best option will be included in the Assessment for Decision.

52. Following confirmation of the transfer date, the Manager, Assessment and Interventions at the SHU, will request the security confirmation notice from the Institutional Heads/Executive Director of both the sending and receiving institutions through the Director General, Security.

53. The Institutional Heads/Executive Directors of the sending and receiving institutions must confirm with the Director General, Security, no sooner than one week prior to any transfer, that no new information from the most recent Management Plan exists that would have an impact on the safe integration of the inmate to the receiving institution.

54. The Director General, Security, will review and approve the security confirmation notice, and forward copies to the Senior Advisor and the Manager, Assessment and Interventions at the SHU.

55. When an approved transfer is suspended following receipt of new intelligence-based information or due to circumstances involving the inmate, the information will be transmitted to the Senior Deputy Commissioner who will, pending a review, make the decision to pursue or cancel the transfer.

56. Following the transfer of an inmate from the SHU to a maximum security institution, the Institutional Head of the receiving institution will, within six months of the transfer, report to the National Advisory Committee on the implementation of the management plan and the inmate's reintegration.

Notification of Decisions

57. Within five days of the signed decision by the Senior Deputy Commissioner, the inmate will be provided with a copy of the CSC Board Review/Decision Sheet and advised in writing of the procedures to grieve the decision as per CD 081 - Offender Complaints and Grievances.

Enquiries

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

Commissioner,

Original signed by

Don Head

Annex A: Cross-References and Definitions

Cross-References

Definitions

Case Management Team:
The individuals involved in managing an offender's case, which includes at minimum the Parole Officer and the offender, and in institutions, the Correctional Officer II/Primary Worker.
Correctional Intervention Board:
A multidisciplinary team that approves interventions and contributes to recommendations or decisions for complex cases. The Interdisciplinary Mental Health Team is considered a component of the Correctional Intervention Board.
Management Plan:
A strategy developed by the proposed receiving institution to facilitate the reintegration of an inmate into a maximum security institution following transfer from the Special Handling Unit.
Serious bodily 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. Serious bodily injury includes, but is not limited to:
  • any intracranial bleed with or without skull fracture;
  • fractures of the limbs, skull and torso;
  • all injuries requiring surgical intervention;
  • wounds that penetrate the abdominal and/or chest cavity;
  • wounds that result in permanent neurological and/or vascular impairment; and
  • wounds that result in a reduction in an offender's ability to perform activities of daily living.
Security confirmation notice:
A confirmation from the Institutional Heads of the sending and receiving institutions and the Director General, Preventive Security and Intelligence, that no new security information exists since the decision to transfer was made, that would have an impact on the safe reintegration of an inmate into a maximum security institution.

Annex B: Assessment for Decision Admission to the Special Handling Unit - Report Outline

Purpose of report: "This report is being written to evaluate the suitability of Mr. (Inmate's Name)'s admission to the Special Handling Unit."

Case status (length of sentence, nature and gravity of the offence and the degree of responsibility of the inmate, outstanding charges or appeals and next court date if applicable, immigration, deportation or extradition status, detention status).

Members of the Case Management Team.

Include a statement referring the reader to the Criminal Profile Report for details of the index offence.

Reason for Transfer to Special Handling Unit

Indicate when the inmate was transferred to the Special Handling Unit and from which institution.

Summarize the critical incident(s) resulting in transfer to the Special Handling Unit.

Results of Mental Health Assessment

Provide the results of the mental health assessment, and of a psychiatric assessment, if the psychologist completing the mental health assessment made a referral for such. Include comments from the Interdisciplinary Mental Health Team, if applicable.

Inmate's Progress

Progress Against Correctional Plan

Identify the programs, activities and interventions that the inmate has been involved in since the most recent Correctional Plan Update.

Describe evidence, or lack thereof, of observable change, including observations by Elders or Aboriginal Liaison Officers.

Provide an analysis as to how the inmate has or has not benefited from the above-noted programs, activities and interventions.

If additional or alternate programs or adjustments in program assignment are recommended, provide a rationale for the adjustment.

Insight

Determine the inmate's level of acceptance of responsibility for criminal behaviour.

Describe the inmate's understanding of his offence cycle.

Assess the inmate's understanding and commitment to relapse prevention.

Institutional Adjustment (indicate the inmate's institutional adjustment rating)

Include relevant information on institutional behaviour (including information/comments on disciplinary charges, preventive security concerns, incidents and behaviour in a variety of contexts) and provide an analysis of any high-risk behaviours or patterns observed during the sentence.

Assess the inmate's risk, integrating the historical risk factors and the impact of changes or lack thereof on the dynamic risk factors.

Identify any short-term management strategies or interventions planned or utilized to address a specific situation.

Provide a summary of inmate's behaviour since arrival at the Special Handling Unit. Include pertinent preventive security information.

Include a synopsis of the Structured Casework Records completed by the CO II outlining the inmate's behaviour, if applicable.

Inmate's Action Plan

Outline the specific actions to be taken by the inmate to reduce the risk factors posed while at the SHU.

Case Management Team Action Plan

Indicate specific action to be taken as a result of this Assessment for Decision, such as:

  • request a psychological assessment;
  • request treatment/program reports or other critical information;
  • make referrals to programs or employment.

Conclusion

Provide analysis as to why placement at the Special Handling Unit is believed to be necessary and why the inmate cannot otherwise be managed in a regular maximum security institution.

If the recommendation is that the inmate not be admitted to the Special Handling Unit, clearly indicate why and include a synopsis of the Management Plan prepared by the proposed receiving institution.

Correctional Intervention Board

Indicate that the case and the Case Management Team recommendation were presented to the Correctional Intervention Board and note any dissenting opinions.

Recommendation/Next Review Date

Annex C: Assessment for Decision Maintaining at the Special Handling Unit - Report Outline

Case Status

Reasons for transfer to the Special Handling Unit.

Include the following statement: "This report is to be read in conjunction with the Assessment for Decision for Admission (of the inmate) to the Special Handling Unit."

Update any information from Assessment for Decision for Admission to the Special Handling Unit regarding outstanding charges or detention status.

Progress Over Review Period

Outline what interventions have been attempted or have occurred with the Parole Officer or program staff. Indicate if the inmate has incurred any disciplinary charges, if he has been placed in segregation, if he is working or attending school. Assess the quality of the inmate's contacts with staff and other inmates. In the case of Aboriginal inmates, include comments from Elders and/or the Aboriginal Liaison Officer, if applicable. Include pertinent preventive security information.

Describe the inmate's attitude and motivation towards addressing his violent behaviour and contributing factors. Outline progress made with respect to action plan established upon the inmate's admission to the Special Handling Unit.

Psychological or Psychiatric Opinion

Provide a synopsis of professional assessment of the inmate's mental health, including the results of any yearly reviews on long-term Special Handling Unit inmates completed by the Psychologist. Include comments from the Mental Health Committee, and, in the case of inmates placed in segregation over the review period, summarize results of the psychological assessment for segregation report completed by the Psychologist.

Overall Assessment

Provide analysis as to why it is believed necessary to maintain the inmate at the Special Handling Unit.

Provide a specific action plan for the inmate, outlining expectations over the next review period and long-term plan.

Correctional Intervention Board

Indicate that the case and the Case Management Team recommendation were presented to the Correctional Intervention Board and note any dissenting opinions.

Reccomendation/Next Review Date

Report to be completed as per Assessment for Decision for Transfers - Report Outline in CD 710-2 - Transfer of Inmates, and under the overall heading "Other Information", include the following.

Inmate's Residency at Special Handling Unit

Summarize the critical incident(s) that resulted in transfer to the Special Handling Unit.

Indicate when the inmate was transferred and admitted, from which institution, and for how long he was maintained at the Special Handling Unit.

Provide a brief summary of inmate's behaviour while at the Special Handling Unit, including any interventions in which he engaged. Include any pertinent preventive security information.

Psychological or Psychiatric Opinion (as applicable)

Provide a synopsis of professional assessment of the inmate's mental health, including any recommendations for interventions.

Management Plan

Outline details of proposed Management Plan.

Overall Assessment

Provide assessment as to why the inmate is deemed ready to transfer to a less structured environment.

Consider the inmate's state of health and health care needs.

Consider elements of Aboriginal social history (if applicable).

Consider victim concerns (if applicable)

Correctional Intervention Board

Indicate that the case and the Case Management Team recommendation were presented to the Correctional Intervention Board and note any dissenting opinions.

Recommendation

Annex E: Management Plan - Reintegration into a Maximum Security Institution

Prior to reaching any decision to transfer an inmate from the Special Handling Unit, the proposed receiving institution will prepare a Management Plan outlining how the inmate will be managed. By pre-planning for a potential transfer, Management Plans ultimately result in fewer management concerns and provide an easier transition for the inmate.

The Management Plan is not a case review and therefore need not repeat information that has already been outlined in other reports on the inmate. Rather, the Management Plan is expected to be brief and specific to the risk and needs of the inmate. For some inmates, a Management Plan will entail a specific unit/range location, specific Parole Officer, access to programs, employment restrictions, establishment of a monitoring protocol, immediate interview with a Psychologist upon arrival, etc. The Management Plan must contain a statement that the Institutional Head/Executive Director and the Security Intelligence Officer have been consulted on the plan.

A Management Plan is required regardless of whether or not the proposed receiving institution is supportive of the proposed transfer. When there is no support for a transfer, the Institutional Head/Executive Director will ensure that the response details why support is not forthcoming, e.g., incompatibles, staff issues, gang issues, and institutional balance.

The Management Plan must also outline a plan as to how the inmate will be managed should the final decision be to transfer the inmate.

The placement of an inmate in administrative segregation upon arrival at the institution is not considered to be a viable component of a Management Plan, unless it can be justified as a result of specific case concerns.

Annex F: Inmate Interviews with the National Advisory Committee

Purpose of the Interview

The interview is not a decision-making forum. The information discussed or presented is used, along with other documentation pertaining to the case, to make a recommendation to the Senior Deputy Commissioner during the National Advisory Committee (NAC) review.

The interview provides the inmate the opportunity to:

  1. present and submit to the NAC information that he feels is relevant to his case, which is not contained in, or requires clarification regarding, the documentation that the NAC uses to make its recommendation; and/or
  2. challenge what he considers to be erroneous information contained in the documentation that the NAC uses to make its recommendation.

Request to Attend

  • The inmate, and/or his lawyer, must indicate their intention, in writing, to participate in the interview within two working days of the NAC review.
  • The written notice to attend the interview must be submitted to the Manager, Assessment and Interventions, who will advise the Senior Advisor to the Senior Deputy Commissioner of the request.

The Interview

  • The interview panel must consist of, at a minimum, two members of the NAC. A member of the NAC will be selected to lead the interview.
  • The Manager, Assessment and Interventions, will notify the NAC members, as soon as possible, of the scheduled interviews. The Committee members will familiarize themselves with the case and review prior decisions and any new information pertaining to the case.
  • All persons who are present at the interview should identify themselves by name, position and/or their role in the NAC.
  • All interviews will be recorded.
  • At the beginning of the interview, an explanation of its purpose will be provided by the Committee member selected to lead the interview. The NAC member leading the interview will indicate to the inmate and/or his counsel that the interview is being conducted as per CD 708 - Special Handling Unit and is not a "hearing". In describing the purpose of the interview, the NAC member may state, for example, that "We are here to consider any relevant information, either written and/or oral, that you would like to identify for consideration by the NAC. Your statements will be considered in the recommendations made to the Senior Deputy Commissioner and reflected in the decision that is taken."
  • It should be made clear that the focus of the interview is on those issues related to a recommendation to admit to, maintain at, or transfer from the Special Handling Unit, to a regular maximum security institution. Other issues raised during the interview will be noted and referred to other sources for follow-up, as required.
  • The presiding member will inform the participants that a timeframe of 30 minutes has been established for the interview in order to allow all inmates to have a fair opportunity to make their representations. If the time allotted is not sufficient to make meaningful representations, the presiding member will invite the inmate and/or his counsel to submit supplementary written representations within one working day and to append any relevant documentation to be considered by the NAC.
  • The presiding member will also invite the inmate and/or his counsel to clearly outline the points that they wish to raise and to focus upon these points during the interview in order to avoid repetitions. If the same points are raised again, the presiding member should stop the discussion and refocus the interview.
  • The NAC members participating in the interview are not legally compelled to engage in discussion with the inmate and/or his counsel. They are there to listen to the representations being made and to submit them to the Senior Deputy Commissioner for his consideration in the decision-making process.
  • Detailed notes should be taken by a member of the interview group. All other members should also take notes. A summary of the interview notes will be introduced as part of the review of the inmate's file by the NAC and will be considered in the recommendations made to the Senior Deputy Commissioner. Results of the review of the representations made by the inmate and/or his legal counsel will be addressed as part of the decision record.

Recording the Interview

  • A written record of the interview will be made (see below). All interviews will be taped. All interview information, including copies of the audio tape of the interview, must be retained with the inmate's personal files for a period of two years after the decision is rendered.
  • The Committee members will advise the inmate and his legal counsel that the interview is being recorded and that a copy of the tape will be provided upon request.

Interview Form

Name of inmate:

FPS Number:

Interview date:

Time:

Name of interviewer:

Lawyer present:   Yes Checkbox for yes   No Checkbox for no

Notes/Summary of interview: