Commissioner's Directive

Number - Numéro:
709

Date:
2007-11-09

ADMINISTRATIVE SEGREGATION

(Formerly 590)

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

PDF

Policy Bulletin 241

[ Policy Objectives  | Authorities  | Cross-References  | Principles  | Definitions  | Legal Justification for Administrative Segregation  | Conditions of Confinement  | Entitlements  | Right to Counsel  | Memorandum of Understanding  | Roles and Responsibilities  | National Headquarters  | Regional Deputy Commissioner  | Regional Segregation Review Board  | Regional Segregation Oversight Manager  | Institutional Head  | Institutional Segregation Review Board  | Staff  | Health Services  | Psychologist  | Nursing Staff  | Suicide Watch  | Administrative Segregation Records  ]

Annex A - Memorandum of Understanding Between Institutions Concerning the Placement of Inmates in Administrative Segregation

Annex B - Segregation Placement/Admission Guidelines

Annex C - Guidelines - How to Run a Segregation Review Board

Annex D - Segregation Review Board Report - Content Guidelines

Annex E - Mental Health Assessment for Administrative Segregation - Content Guidelines

 

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 administrative segregation process.

2. To ensure that the administrative segregation of an inmate only occurs when specific legal requirements are met, subject to the least restrictive measures. It should be consistent with the protection of the public, staff members and inmates, for the shortest period necessary, in accordance with a fair, reasonable and transparent decision-making process based on a review of all relevant information.

AUTHORITIES

3. Corrections and Conditional Release Act (CCRA):

  • s. 31 - Administrative segregation
  • s. 32 - Considerations governing release
  • s. 33 - Case review
  • s. 34 - Recommendation not accepted
  • s. 35 - Request not accepted
  • s. 36 - Visits to inmate
  • s. 37 - Rights of inmate

4. Corrections and Conditional Release Regulations (CCRR):

CROSS-REFERENCES

5. CD 081 - Offender Complaints and Grievances
CD 084 - Inmates' Access to Legal Assistance and the Police
CD 580 - Discipline of Inmates
CD 700 - Correctional Interventions
CD 701 - Information Sharing
CD 710-2 - Transfer of Offenders
CD 800 - Health Services
CD 803 - Consent to Health Service Assessment, Treatment and Release of Information
CD 840 - Psychological Services
CD 843 - Prevention, Management and Response to Suicide and Self-Injuries

PRINCIPLES

6. Placement in administrative segregation is for the purposes of ensuring the safety and security of the institution and those persons in the institution, the integrity of investigations and the safety of the public. It is not a punitive measure.

7. Administrative segregation policies, programs and practices will respect gender, ethnic, cultural and linguistic differences and be responsive to the special needs of women and Aboriginal peoples, as well as to the needs of other groups of offenders with special requirements.

8. All decisions related to administrative segregation placement and review of conditions of confinement that are adverse to the inmate will be consistent with and reflect the duty to act fairly.

9. An inmate placed in administrative segregation will be returned to the general population at the earliest appropriate time, notwithstanding prescribed dates for a review of his or her administrative segregation.

10. All options other than placement in administrative segregation will be explored and utilized.

11. Inmates will not normally be released from administrative segregation to the community.

DEFINITIONS

12. Administrative segregation is the involuntary or voluntary separation, when specific legal requirements are met, of an inmate from the general population, other than pursuant to a disciplinary decision.

13. Voluntary administrative segregation is when the inmate requests placement in administrative segregation and the Institutional Head believes on reasonable grounds that the continued presence of the inmate in the general population would jeopardize the inmate's own safety and there is no reasonable alternative to placement in administrative segregation.

14. Involuntary administrative segregation is when the placement meets the requirements of subsection 31(3) of the CCRA and the placement in administrative segregation is not voluntary.

15. Without delay means immediately unless there are compelling circumstances preventing immediate action and in those circumstances, the delay cannot be more than 24 hours.

LEGAL JUSTIFICATION FOR ADMINISTRATIVE SEGREGATION

16. As per subsection 31(3) of the CCRA, the Institutional Head may order that an inmate be confined in administrative segregation if the Institutional Head believes, on reasonable grounds:

  1. that
    1. the inmate has acted, has attempted to act or intends to act in a manner that jeopardizes the security of the penitentiary or the safety of any person, and
    2. the continued presence of the inmate in the general inmate population would jeopardize the security of the penitentiary or the safety of any person;
  2. that the continued presence of the inmate in the general inmate population would interfere with an investigation that could lead to a criminal charge or a charge under subsection 41(2) of a serious disciplinary offence; or
  3. that the continued presence of the inmate in the general inmate population would jeopardize the inmate's own safety;

and the Institutional Head is satisfied that there is no reasonable alternative to administrative segregation.

CONDITIONS OF CONFINEMENT

17. As per section 37 of the CCRA, an inmate in administrative segregation shall be given the same rights, privileges and conditions of confinement as the general inmate population, except for those rights, privileges and conditions that:

  1. can only be enjoyed in association with other inmates; or
  2. cannot reasonably be given owing to:
    1. limitations specific to the administrative segregation area, or
    2. security requirements.

18. When the rights, privileges and conditions of confinement of an inmate are restricted in comparison to those of the general inmate population, the Institutional Head must demonstrate that the restrictions are justified on the basis of paragraph 37 (a) or (b) of the CCRA.

ENTITLEMENTS

19. Notwithstanding exceptional circumstances that can be justified on the basis of one or more of the criteria referred to in paragraph 17 of this policy, inmates in administrative segregation will be provided with:

  1. correctional programs or interventions;
  2. case management services;
  3. access to spiritual support;
  4. psychological counselling as required;
  5. the opportunity to exercise for at least one hour every day outdoors, weather permitting, or indoors where the weather does not permit exercising outdoors;
  6. visits;
  7. showers - no less than every second day;
  8. authorized personal effects - if at the fifth working day hearing held by the Segregation Review Board the decision is made to maintain the inmate in administrative segregation, the inmate is entitled to receive his or her authorized personal effects within the following three working days.

RIGHT TO COUNSEL

20. Upon placement in administrative segregation, an inmate will be informed of his or her right to legal counsel without delay.

MEMORANDUM OF UNDERSTANDING

21. The Institutional Head of an institution without a designated administrative segregation unit will complete a Memorandum of Understanding (as per Annex A) with another institution for the use of its administrative segregation unit.

ROLES AND RESPONSIBILITIES

National Headquarters

22. The Assistant Commissioner, Correctional Operations and Programs shall ensure that:

  1. policies in support of this directive are clear, relevant, timely and accurate and are developed with the input of correctional staff;
  2. policies promote a safe and secure correctional environment; and
  3. policies are applied in a consistent manner nationally.

23. The Director General, Offender Programs and Reintegration, at National Headquarters will ensure that:

  1. policies are effectively communicated to regions;
  2. verbal and written direction in relation to administrative segregation issues is provided to regions as required;
  3. support to regions and operational units is provided effectively;
  4. any issues arising from policies, procedures or their implementation is reviewed and addressed in a timely manner;
  5. trends in administrative segregation are analyzed; and
  6. the case of any inmate in administrative segregation is reviewed as required.

Regional Deputy Commissioner

24. The Regional Deputy Commissioner will ensure that:

  1. a Regional Segregation Review Board and a Regional Segregation Oversight Manager are in place to perform the delegated responsibilities of the regional reviews;
  2. the case of each inmate is reviewed regionally every 60 days that he or she remains in administrative segregation to determine whether, based on the considerations set out in section 31 of the CCRA, the administrative segregation of the inmate continues to be justified;
  3. inmates who return to the general population (whether in the same institution or in a different institution), and are again placed in administrative segregation within 24 hours of their last release from administrative segregation, will maintain their days in segregation accumulated during their most recent stay for the purpose of regional reviews;
  4. the cases of inmates who are awaiting transfer to the Special Handling Unit (SHU) and who have been administratively segregated for 120 days are reviewed to determine whether they still require transfer to the SHU for assessment purposes (if administrative segregation is maintained, the case will be reviewed again every 60 days thereafter);
  5. policies are effectively communicated to operational units;
  6. support to operational units is effectively provided; and
  7. any issues arising from policies, their procedures or implementation are reported in a timely manner to the Director General, Offender Programs and Reintegration, National Headquarters.

Regional Segregation Review Board

25. The regional Assistant Deputy Commissioner of Institutional Operations or delegate will be responsible for chairing the Regional Segregation Review Board (RSRB).

26. The Assistant Deputy Commissioner of Institutional Operations will determine the composition of the RSRB, which shall minimally include the Regional Segregation Oversight Manager and the Regional Transfer Coordinator. The RSRB will review:

  1. any cases that the Assistant Deputy Commissioner of Institutional Operations or the Regional Segregation Oversight Manager assesses as requiring review by the RSRB within 120 days of having been admitted to administrative segregation;
  2. the cases of inmates once they have reached 120 days since having been admitted to administrative segregation, and then every 60 days thereafter.

27. The RSRB will review the information contained in the most recent institutional review to determine whether, based on section 31 of the CCRA, the administrative segregation of the inmate continues to be justified.

28. Inmates shall receive written notification of the RSRB's decision within five working days of the review.

Regional Segregation Oversight Manager

29. In addition to his or her responsibilities as a member of the RSRB, the Regional Segregation Oversight Manager will:

  1. under the delegated authority of the Regional Deputy Commissioner, conduct a review of cases within 60 days of the inmate's placement in administrative segregation, to determine whether the placement is justified under section 31 of the CCRA;
  2. review the reintegration plan to ensure that it is feasible and is being pursued;
  3. address and assist with resolving obstacles to the implementation of the reintegration plan;
  4. review as required the case of any inmate in administrative segregation;
  5. bring any significant lack of compliance with law and policy that he or she discovers in reviewing institutional administrative segregation records to the attention of the Institutional Head or Assistant Deputy Commissioner of Institutional Operations, as applicable;
  6. raise any cases that he or she believes should be brought to the attention of the RSRB prior to the 120-day mark;
  7. act as an advisor and contact person for all administrative segregation matters regionally;
  8. conduct regional administrative segregation audits in at least two randomly selected institutions annually; and
  9. monitor and follow-up on action plans that result from administrative segregation audits.

30. Inmates shall receive written notification of the Regional Segregation Oversight Manager's decision with regard to the 60-day review within five working days of the review.

31. The decision of the Regional Segregation Oversight Manager shall serve to notify the inmate:

  1. that a review was done and his or her administrative segregation is either justified or not justified by policy and his or her reintegration plan is valid;
  2. that a review shall be conducted by the RSRB on or before he or she has reached 120 days since having been admitted to administrative segregation, and then every 60 days thereafter;
  3. of the intent of the RSRB to use the most recent institutional review and any other information that may become available between the two review dates;
  4. of his or her right to make representations to be presented to the RSRB within five days of receipt of the last institutional Segregation Review Board report.

32. The Regional Segregation Oversight Manager will visit each administrative segregation unit in the region at least once per year to view the administrative segregation area and discuss any site specific issues related to administrative segregation.

Institutional Head

33. The Institutional Head is responsible for implementing policies relating to administrative segregation.

34. The Institutional Head is responsible for ensuring consistent application of all procedures for administrative segregation.

35. The Institutional Head is responsible for managing challenges in administrative segregation as they arise in such a way as to promote a safe, secure and humane correctional environment.

36. The Institutional Head is responsible for decisions related to segregating inmates and maintaining them in administrative segregation in accordance with subsection 31(3) of the CCRA.

37. The Institutional Head may delegate the authority to place an inmate in administrative segregation to a staff member designated, by name or position for that purpose, in institutional Standing Orders.

38. When delegation occurs as outlined in paragraph 37, it should not be below the level of Correctional Manager.

39. When an inmate is placed in administrative segregation, the Institutional Head is responsible for ensuring:

  1. the provision of safe, secure and humane custody; and
  2. that options other than placement in administrative segregation are explored, documented and utilized if appropriate.

40. The Institutional Head is responsible to ensure that, within one working day from the date of placement, the inmate receives a written explanation of the reasons for the administrative segregation (Annex B). This explanation may be provided to the inmate by a staff member delegated for that purpose in institutional Standing Orders.

41. The Institutional Head will ensure that all inmates who are readmitted to administrative segregation within 24 hours of their last release from administrative segregation are subject to the same review process as new admissions.

42. The Institutional Head will visit the administrative segregation area at least once a day to ensure that there is a continuous assessment by a senior staff member that conditions of confinement are in compliance with the law and policy.

43. The Institutional Head may delegate the responsibility of the daily visits to a person not below the Correctional Manager position.

44. When the daily administrative segregation visits have been delegated, the Institutional Head will visit the administrative segregation area at least once a week.

45. In all cases of administrative segregation where the Institutional Head has not been the person authorizing the confinement, the Institutional Head shall review the case within one working day after the confinement, to confirm the confinement or to order that the inmate be returned to the general population.

46. There is no power of delegation for the first working day review. It shall be conducted by the Institutional Head (or the person acting as the Institutional Head).

47. Inmates shall receive written notification of the Institutional Head's decision within two working days of the review.

48. The Institutional Head is responsible for ensuring that a Segregation Review Board is in place.

49. The Institutional Head or designated staff member will meet with any inmate in administrative segregation upon request by the inmate.

50. In accordance with section 35 of the CCRA, where an inmate requests to be placed in, or to remain in, administrative segregation and the Institutional Head does not intend to grant the request, the Institutional Head, or a staff member designated for that purpose in institutional Standing Orders, shall, as soon as is practicable, meet with the inmate:

  1. to explain the reasons for not intending to grant the request; and
  2. to give the inmate an opportunity to make oral or written representations.

51. The Institutional Head will ensure that an administrative segregation handbook for inmates is developed and maintained up to date, and is made available to inmates following their admission to administrative segregation.

Institutional Segregation Review Board

52. The institutional Segregation Review Board (SRB) will be chaired by a position level no less than the Manager of Assessment and Intervention. For those cases where the inmate has reached 60 days in administrative segregation, the SRB will be chaired by the Assistant Warden of Intervention or a level no less than Assistant Warden. The SRB will include the Correctional Manager and/or Manager of Assessment and Intervention, Manager of Intensive Intervention Strategy, the appropriate Parole Officer and/or Primary Worker, and other ad hoc members as required by the Chairperson.

53. The Security Intelligence Officer will, upon request of the Chairperson of the SRB, attend in person or provide a gist of the security intelligence information required for consideration by the SRB.

54. The SRB shall follow the guidelines for conducting the review as per Annex C and a report shall be written as per Annex D.

55. The SRB must conduct a hearing within five working days after the inmate's confinement in administrative segregation, and at least once every 30 calendar days following placement. The hearing will be conducted with the inmate present unless:

  1. the inmate is voluntarily absent; or
  2. the inmate is on a temporary absence or at court outside of the institution; or
  3. the person or persons conducting the hearing believe on reasonable grounds that the inmate's presence would jeopardize the safety of any person present at the hearing; or
  4. the inmate seriously disrupts the hearing.

56. The inmate will be provided a reasonable opportunity to present his or her case regarding his or her administrative segregation status.

57. Inmates will receive notification in writing at least three working days prior to the date and time of each SRB hearing that will include:

  1. a copy of any information to be used in the review and that is pertinent to the inmate's particular case and allows for the inmate to make his or her case - to provide information or arguments in order to contest the decisions that have been taken or which the SRB intends to take. The exceptions to this include information which has previously been shared and need not be shared again and information which is exempt in accordance with CD 701 - Information Sharing;
  2. at the inmate's request, relevant Commissioner's Directives and institutional Standing Orders.

58. At the time when the information mentioned in subparagraph 57 a is shared with the inmate, the inmate's intention to attend or not attend the SRB will be documented in writing.

59. Upon receipt of any new reliable information that may call into question the grounds justifying the inmate's administrative segregation placement, the inmate's case will be reviewed.

60. The SRB shall make recommendations to the Institutional Head, in writing, respecting the inmate's continuation in or release from administrative segregation.

61. Unless the SRB is satisfied that the inmate's continued custody in administrative segregation is warranted pursuant to the considerations in section 31 of the CCRA, the SRB's recommendation shall be to return the inmate to the general population.

62. The Institutional Head shall review all recommendations made by the SRB and shall decide either to continue the period of administrative segregation or to release the inmate into the general population.

63. Inmates shall receive written notification of the SRB's recommendation to the Institutional Head, reasons for the recommendation and the Institutional Head's decision, within two working days of the SRB's hearing.

64. The SRB will notify the inmate of his or her right to make representations to be presented to the RSRB within five days of receipt of the last institutional Segregation Review Board report.

65. As per section 34 of the CCRA, where a SRB recommends the release of an inmate from administrative segregation and the Institutional Head does not concur with the recommendation, the Institutional Head shall personally meet with the inmate as soon as practicable and explain the reasons for the decision. The inmate shall be given an opportunity to respond in person or in writing.

66. After the fifth working day review, if it is determined that the inmate will remain in administrative segregation, a reintegration plan will be developed by the Case Management Team and shared with the inmate no later than three working days prior to the 30 day SRB hearing. The reintegration plan will indicate the actions taken, or to be taken, to safely return the inmate to the general population at the earliest appropriate time.

Staff

67. Staff shall ensure that they know, understand and implement the applicable law, policies and procedures.

Health Services

68. Health Services professionals, including Doctors, registered Nurses, Psychologists or Psychiatrists, shall advise the Institutional Head in writing if they recommend the termination of administrative segregation or the alteration of the administrative segregation conditions on the grounds of the physical or mental health of the inmate.

Psychologist

69. At least once within the first 25 consecutive days of an inmate's placement in administrative segregation and once every subsequent 60 days, a Psychologist will provide a written psychological opinion on the inmate's current mental health status at the time of the assessment, with a special emphasis on the evaluation of the risk for self-harm (Annex E). This is to be shared with the SRB and the inmate, and placed on the inmate's file.

Nursing Staff

70. An inmate placed in administrative segregation must, at the time of admission or without delay, be visited by a registered Nurse to establish whether there are any health concerns resulting from placement in administrative segregation or any concerns for suicide risk or self-harm. During this visit, the Nurse must:

  1. view the inmate in person;
  2. verbally interact with the inmate, to determine if he or she has any health care needs (the Nurse must ensure, to the extent possible, confidentiality during the interaction);
  3. complete the appropriate documentation as follows:
    1. the relevant section of the Segregation Log (CSC/SCC 0218) for each inmate must be initialled by the Nurse,
    2. all significant interaction which occurred between the Nurse and the inmate during the visit to administrative segregation must be recorded on the health care file.

71. Each inmate in administrative segregation shall be visited daily, including weekends, by a registered Nurse. The visit will occur as required in subparagraphs 70 a to c.

SUICIDE WATCH

72. If the only reason an inmate on suicide watch is being placed in administrative segregation is because that is where the suicide observation cell is located, there is no obligation for the inmate to be admitted to administrative segregation. With the exception of the strip search, none of the associated procedural requirements for inmates in administrative segregation are necessary. Policies concerning the management of inmates on suicide watch shall be followed.

73. When an inmate in administrative segregation is identified as being at a high risk for suicide or self-injury and it is determined that he or she shall be placed on suicide watch, his or her administrative segregation status shall be maintained. Policies relating to the management of inmates on suicide watch and on administrative segregation shall both be followed.

74. When an inmate is identified as being at a high risk for suicide or self-injury and it is determined that he or she shall be placed on suicide watch but the inmate refuses this placement, then involuntary placement into administrative segregation can be considered. If the inmate is placed in administrative segregation, the policies relating to the management of inmates on suicide watch and on administrative segregation shall both be followed.

ADMINISTRATIVE SEGREGATION RECORDS

75. The Segregation Log (CSC/SCC 0218) will be maintained in the administrative segregation area and all relevant sections of the form will be completed.

76. Documents pertaining to an inmate's administrative segregation will be retained in the inmate's file.

Commissioner,

Original signed by:
Keith Coulter

Annex A

MEMORANDUM OF UNDERSTANDING BETWEEN INSTITUTIONS CONCERNING THE PLACEMENT OF INMATES IN ADMINISTRATIVE SEGREGATION

The purpose of a Memorandum of Understanding (MOU) is to provide authority for the placement of inmates, from a sending institution without an administrative segregation unit, who are determined to require administrative segregation from the population of that institution, into the administrative segregation unit of a receiving institution with an administrative segregation unit.

It is intended to assist in the management of segregation bed-space for those institutions that do not have a segregation unit. It is not intended to authorize the movement of inmates from institutions that have administrative segregation units within their facility. Inmates shall be moved and temporarily held in the receiving institution's administrative segregation unit on the authority of a MOU. This temporary movement w ill not require a transfer warrant. However, should the decision be made to transfer the inmate to the receiving site, normal transfer procedures, as outlined in CD 710-2  - Transfer of Offenders are applicable.

Institutions will consult with the Regional Segregation Oversight Manager in the development of their MOU and will provide him or her with a copy of any finalized agreement. The MOU will be signed by the Institutional Head of the sending institution as well as the Institutional Head of the receiving institution. The subsequent movement of inmates on the authority of this agreement requires the approval of the Institutional Heads of both institutions.

The MOU must conform with law and policy and will clearly set out the responsibilities of each facility in relation to inmates segregated in a facility other than their parent institution.

Each institution without an administrative segregation unit will nominate a staff member to perform the functions of an administrative segregation coordinator and will advise the Regional Segregation Oversight Manager of that staff member's name, phone and fax number. The Regional Segregation Oversight Manager will maintain a current list and disseminate this information to other facilities in the region.

Elements to Be Considered in the MOU

  • Physical placement of inmates requiring administrative segregation in the administrative segregation unit located within the receiving Institution and completion of all associated administrative segregation placement responsibilities including the reasons for administrative segregation.
  • Ensuring the inmate receives all entitlements and rights prescribed in the CCRA, CCRR, CD 709 and associated Standing Orders.
  • Sharing information the appropriate persons at the receiving Institution with regard to the reasons for administrative segregation, possible incompatibilities, and security, psychological or medical issues.
  • Providing telephone contact with legal counsel and ensuring immediate provision of basic personal effects (such as bedding and toiletries).
  • Sharing administrative segregation documentation with the inmate within three working days of the scheduled Segregation Review Board (SRB).
  • Specifying the responsibility for the SRB.
  • Ensuring that if the responsibility for the SRB is delegated, this is further identified via the institutional Standing Order to the manager responsible for administrative segregation at the receiving institution.
  • Ensuring that a copy of all documents relating to the inmate's administrative segregation either accompany the inmate when he is segregated or are provided to the manager responsible for administrative segregation at the receiving institution at least three working days prior to the fifth working day review (gist of preventive security information).
  • Ensuring that the sending institution Parole Officer responsible for the inmate's casework attends all SRB hearings until the inmate is released from administrative segregation, returned to sending Institution, or formally transferred. In cases of conflict with a scheduled review, a delegate from the sending institution may attend to present the case to the SRB.
  • Providing the appropriate contact at the sending institution with adequate notice of the date and time of scheduled SRB hearing in order that the Parole Officer or his/her delegate attend and present the case to the SRB.
  • Identifying the responsibility for all case management activities as well as all reviews, information sharing, and notifications. Ensuring all decisions regarding the administrative segregation status of the inmate will remain the authority of the Institutional Head of the sending institution who will sign all decision making documents.
  • Ensuring staff at the receiving institution are fully informed on issues related to the segregated inmate, including developments in his or her administrative segregation status.
  • Ensuring a decision relative to return to the sending institution is taken or a reintegration plan for transfer to an alternate destination is established normally within five working days or earlier after placement.
  • Ensuring, in those cases requiring the inmate to remain in administrative segregation after the 5-day review that a full range of personal effects as allowed by the receiving institution's policy, are provided within three working days following the 5-day review. This is a requirement and the inmate need not initiate a request. Admission and Discharge shall be notified immediately if the inmate is being maintained in administrative segregation to ensure the delivery of the inmates' effects.
  • Ensuring the sending institution is notified in a timely manner of rebuttals, issues, concerns, or problems associated with the inmate while in the segregation unit.
  • Identifying the point at which an inmate no longer belongs to the parent institution and ceases to fall under the MOU.

 

Annex B

SEGREGATION PLACEMENT/ADMISSION GUIDELINES

The following information is to be included in the reason/rationale section of the Administration Segregation Placement/Admission screen on the Offender Management System.

1. Full description of the incident or circumstances leading to the consideration of placement in segregation

Give specific details of reasons why you are segregating the inmate (e.g. who, what, when, where, why?) as well as linking to the legal grounds for placement. Include any historical information or consultation that may have occurred that contributed to the eventual placement in segregation (i.e. Case Management Team, Psychologist, Security Intelligence Officer, etc.).

2. Consideration of all alternatives to administrative segregation

All reasonable alternatives to administrative segregation must be considered prior to making the decision to segregate. The following list, while not exhaustive, is a sample of suggested alternatives for consideration prior to placement in administrative segregation.

Note: It is not enough to mention the options that are being considered; you must describe why the alternative is not viable. Indicating "Not Applicable" beside a listed option is not acceptable.

a. Confinement to cell (must be voluntary and documented)

Is a voluntary lock-up an option in this case? Would it adequately separate the inmate from potential aggressors? Is the demonstrated risk that the inmate currently presents of such magnitude that that a confinement to his or her cell would not sufficiently manage this risk? Has the inmate refused to voluntary lock up?

b. Mediation (conflict resolution - staff, Elders, Resolution/Healing Circles, Inmate Committee, other inmates, members of groups within population, etc.)

Can the risk that the inmate currently presents or the risk to the inmate be adequately addressed with mediation and/or counselling? Has mediation and/or counselling been attempted? What were the results of this attempt? Did the inmate refuse to become involved in mediation or counselling?

c. Change of cell/range/unit

Are there alternative cells or units that would serve to separate the inmate from other inmates and sufficiently manage the risk posed to the safety and security of the institution. Has the inmate refused to transfer to another cell/unit?

d. Other (alternatives unique to the institution or situation)

What other alternatives have been considered by the Case Management Team and the Security Intelligence Officer?

3. Use of force (Yes or No)

Was use of force necessary in completing this administrative segregation admission/placement? What are the details of that use of force?

4. Have adequate bedding, clothing and toiletries been issued?

What other effects were allowed on admission?

5. Has the inmate's cell in general population been secured? (Yes or No)

Date:

Time:

Officer(s) who secured cell:

6. Has the Administrative Segregation Handbook for Inmates been issued? (Yes or No)

Date:

Time:

Issuing Officer:

7. Has health care staff been notified? (Yes or No)

Was the inmate seen by health care staff at the time of placement? (Yes or No)

At what time?

List any concerns

(If the health care staff is not on site, the officer in charge will ask the inmate if he or she has any concerns or requires medical attention and document response.)

Did the inmate require outside hospital care?

8. Has a Chaplain or Elder been requested? (Yes or No)

(This is important for documenting spiritual health.)

 

Annex C

GUIDELINES - HOW TO RUN A SEGREGATION REVIEW BOARD

In accordance with legislation, a Segregation Review Board (SRB) must be put in place to conduct review hearings of cases where inmates are voluntarily or involuntarily confined in administrative segregation. This Board makes recommendations to the Institutional Head as to whether or not an inmate should be released from administrative segregation at this time.

HEARING PREPARATION

The location of the hearing should be a private room where the hearing is not audible by other staff or inmates.

SRB MEMBERS

The composition of the SRB reflects an inter-disciplinary team approach.

The SRB will be chaired by a level no less than the Manager of Assessment and Intervention. For those cases where the inmate has reached 60 days in administrative segregation, the SRB will be chaired by the Assistant Warden Intervention or a level no less than Assistant Warden. The role of the SRB Chairperson is critical to the effectiveness and perceived fairness of the administrative segregation process. Chairpersons have the primary responsibility to ensure that basic procedural requirements are continuously being administered in compliance with the law. The Chairperson must demonstrate an ongoing knowledge of the law, policies and procedures to effectively manage the SRB's decision making responsibilities. They must understand the need to balance the legitimate safety and security requirements of the institution with the need to protect and maintain the rights of segregated inmates.

The SRB will include the Correctional Manager of Administrative Segregation and/or Manager of Assessment and Intervention, Manager of Intensive Intervention Strategy, the appropriate Parole Officer and/or Primary Worker, and any other ad hoc members required by the Chairperson. These ad hoc members may include but are not limited to the Security Intelligence Officer, Psychologist, Programs Officer, Correctional Officer II, etc.

The Security Intelligence Officer will, upon request of the Chairperson of the SRB, attend in person or provide a gist of the security intelligence information required for consideration by the SRB.

At the commencement of the hearing, the Chairperson will introduce, by name and title, the members in attendance at the review board to the inmate. The Chairperson will ensure that all in attendance at the hearing are aware that they may ask questions and make inquiries in order to elicit information.

PURPOSE AND PROCESS OF THE REVIEW

The purpose of the review should be explained to the inmate. A statement describing the purpose of the SRB could be read out loud to all the participants to accomplish this.

"The purpose of this Segregation Review Board is to conduct review hearings of cases where inmates are voluntarily or involuntarily confined in administrative segregation. This Board makes recommendations to the Institutional Head as to whether or not you should be released from administrative segregation at this time."

The Board should conduct the hearing in a predetermined and orderly manner. The procedure to be followed should be clearly described so that all participants will know when they will have a chance to speak or make representations. The Chairperson should have the hearing recorded on audiotape if requested by the inmate.

It must also be made clear to all persons present that the Board will follow an inquisitorial model, which means that Board members may ask questions and make inquiries in order to elicit information from the participants.

The strict rules of procedure and evidence that apply to a court of law do not apply to SRB hearings, although there is a duty on the part of Board members to adhere to the principles of fairness. The decision maker must act in good faith, without ulterior purpose, improper motives or irrelevant considerations

PROCEDURAL SAFEGUARDS

Prior to the case discussion, the SRB Chairperson will lead a review to ensure that procedural safeguards have been maintained. At any time, the SRB Chairperson may choose to examine further information to ensure these requirements are met [i.e. the Segregation Log (CSC/SCC 0218), or any other document].

The administrative segregation documentation must detail the substantive reasons why the inmate requires administrative segregation. Are the reasons sufficiently detailed for the inmate to understand them? Was the inmate given written notice of the reasons for segregation within one working day after his or her placement? Was a first working day review completed if the Institutional Head or staff member acting in the position was not the placement authority?

The inmate was entitled to make a phone call to his lawyer within the initial 24 hour period of his admission to administrative segregation. The inmate should have been provided with the institution's Administrative Segregation Handbook for Inmates on admission. The SRB Chairperson should confirm that these actions have occurred. If the legal telephone call or the distribution of the Administrative Segregation Handbook for Inmates has been resolved by the 5-day review, they need not be repeated in future reviews.

The SRB must conduct a hearing within five working days after the inmate's confinement in administrative segregation, and at least once every 30 days following placement. Reviews may also be scheduled at any time if necessary. Any irregularity should be noted and explained.

The inmate must receive notice of the hearing and sufficient details of all the information that the Board will be considering at the hearing. This notice and information must be given to the inmate at least three working days before the hearing, and it must be in writing. The inmate can waive this notice and the receipt of information if he or she so chooses. If known, the inmate can indicate at that time, for the SRB Chairperson's consideration, if he or she wishes to call a witness.

If additional information becomes available after the 3-day notification and before the hearing, the Chairperson of the SRB must ensure that the inmate is given reasonable time to consider the information. The inmate should be given the opportunity to decide if he or she requires additional time to review the documentation. If an adjournment is requested, the adjournment period should not be for more than three working days, unless specifically requested by the inmate.

If the inmate does not have an adequate understanding of at least one of Canada's official languages, arrangements must be made to have the assistance of an interpreter, who may be another staff member, professional translator or other as required by the circumstances of the case.

If any of the inmates' rights have been violated, or if any of the procedural safeguards have not been fulfilled, the Chairperson must consider whether such infringements affect the fairness of the proceedings in a significant enough way to warrant the granting of an extraordinary remedy. Re-scheduling of the hearing until the safeguards have been met is one possible remedy.

If the procedural safeguards have been respected, then the Board may continue with the next step of the hearing.

ENTITLEMENTS

Prior to the case discussion, the SRB Chairperson will lead a review to ensure that the inmate's entitlements where possible have been maintained.

This will include examination of any physical or mental health care requirements. These should be examined particularly in relation to their impact on the administrative segregation placement.

Discussion should examine the inmate's access to correctional programs or interventions. Any needs should be identified.

Discussion should examine the inmate's access to case management services. Has the inmate been seen by his or her Parole Officer? If not, explain why. Discuss any changes or action relative to the inmate's Correctional Plan

Discussion should examine the inmate's access to spiritual support. Has the inmate requested to see the Chaplain/Aboriginal Elder or other appropriate spiritual advisor? Has this occurred and at what frequency?

Have the entitlements for exercise and showers been met? Did the inmate receive basic personal effects on admission (such as bedding and toiletries)?

Does the inmate have any sources of support available? Does he or she receive visits? Has the inmate met with the Inmate Committee members or peer support? Does he or she wish to?

If, at the fifth working day review by the SRB, the decision is made by the Institutional Head to maintain the inmate in administrative segregation, within the following three working days the inmate is entitled to receive his or her authorized personal effects. At the time of this review, has the inmate received his or her personal effects? If not, explain why. If this issue has been resolved, it can be so indicated and then it need not be repeated in future reviews.

ISSUES TO BE CONSIDERED

The Chairperson should provide a verbal synopsis as to when and why the inmate was placed in administrative segregation. Indicate the number of days that the inmate has been in administrative segregation to this review date. Specify under what status the inmate is segregated [i.e. voluntary/involuntary basis on (date) under what section of the CCRA]. Indicate if there has been any change in that status and if so, why there was a change.

The Board must ensure that the information and evidence being considered is relevant, timely and adequate. The information must be credible and reliable.

The SRB will discuss and legitimize the reasons for placement and continued maintenance of the inmate in administrative segregation. They will discuss whether there are any viable alternatives for the inmate. The Board will discuss the inmate's reintegration plan and progress towards the plan. There must be a documented, clearly defined, time-framed plan of action being taken by the Case Management Team to move the inmate out of administrative segregation.

The Board should also discuss any specific security issues with the inmate. This may be related to institutional behaviour or disciplinary offences. Any special needs regarding operational routine, requirements or association with other inmates should also be discussed.

The inmate should be given the opportunity to ask any relevant questions to the Chairperson, or through the Chairperson, to other participants. SRB members may address questions to the inmate or other participants.

Other staff members, Board members or persons with relevant information may be asked to make representations.

When all representations have been made, the inmate is given the opportunity to present his or her case and to provide evidence to the extent allowed by the Chairperson. Board members may ask questions.

The inmate may be given the opportunity to call witnesses if she or he requests to do so and the Chairperson agrees that it is reasonable and necessary in order to resolve a disputed fact or opinion in a fair manner. Board members may ask questions to these witnesses.

Final submissions by the inmates should be permitted, as well as submissions by any other person who has a right to participate in the hearing.

INMATE COMMENTS

The inmate must have a reasonable opportunity to make representations, explain or clarify information, or answer any charges and allegations made against him or her at each stage of the hearing.

RECOMMENDATION

If the Board needs additional information before arriving at its recommendation, or cannot reach a decision on its recommendation immediately, it may recess and reconvene at a later time. If the inmate remains in administrative segregation while the deliberations are recessed, then the resumption of deliberations should be the Board's highest priority.

The function of the Board is to determine whether there are sufficient grounds to justify the inmate's placement and retention in administrative segregation (subsection 31(3) of the CCRA). Recommendations to the Institutional Head must be based on the considerations set out in section 31 of the CCRA.

It should be remembered that administrative segregation must not be used as a form of punishment. The purpose of administrative segregation is to keep an inmate from associating with the general population. The CCRA places an obligation on CSC to return the inmate to the general population at the earliest appropriate time.

In arriving at its recommendation, the Board should consider the relevant facts of the case, as well as any statutory, regulatory and policy considerations related to the inmate's placement in administrative segregation. The recommendation to the Institutional Head should articulate the reasons for the recommendation.

The quality of the decision-making process is enhanced by giving detailed reasons. Articulating clear and organized reasons ensures better assessment of the evidence, submissions and arguments. In addition, the giving of reasons dispels any notion that the SRB's conclusions might be frivolous or unfounded. Reasons provide a basis for future decision making, reviews or appeals.

The recommendation is usually given to the inmate verbally, after a few moments of deliberation by the SRB. Written notification of the Institutional Head's decision resulting from each review must be given to the inmate within two working days of the hearing.

REVIEWS AND APPEALS

The head of the region, or a staff member in the Regional Headquarters who is designated by the head of the region, must review an inmate's case at least once every 60 days to determine whether, based on the considerations set out in section 31 of the Act, administrative segregation of the inmate continues to be justified.

An inmate may pursue judicial review by a provincial superior court or the Federal Court at any time in the process.


Annex D

SEGREGATION REVIEW BOARD REPORT - CONTENT GUIDELINES

1. PROCEDURAL SAFEGUARDS

SRB MEMBERS

Identify those in attendance at the SRB hearing, including their title.

INMATE ATTENDANCE AT THE SRB HEARING

Was the inmate notified of his or her right to attend the hearing? Did the inmate attend the hearing? If not, explain why (i.e. one of the reasons provided in paragraph 55 of CD 709).

INFORMATION SHARING

Has the information that will be used by the SRB to make a decision been shared with the inmate three days prior to the date of the hearing? Indicate the date and time of the sharing and the name of the officer who completed the sharing. The information that may be shared with the inmate may include but are not limited to Security Intelligence Officer gists, previous review information, etc.

RIGHT TO RETAIN LEGAL COUNSEL UPON PLACEMENT IN SEGREGATION

Did the inmate make a legal call on admission? (Yes or No) If, at the time of admission/placement the inmate chose to postpone his or her call to a later date/time, indicate if this was completed and when. (This heading need only be included on the fifth working day review.)

SEGREGATION HANDBOOK

Has the inmate received the Administrative Segregation Handbook for Inmates? (This heading need only be included on the fifth working day review.)

HEARING REQUIREMENTS

Is the SRB hearing being held within the legislated timeframes (i.e. within five working days of placement in administrative segregation and once every 30 days following placement)? Please note the reasons for any irregularities.

2. ENTITLEMENTS

HEALTH CARE, MENTAL HEALTH AND ACCESS TO PSYCHOLOGICAL COUNSELLING

Are there any concerns in relation to the inmate's mental and/or physical state that would preclude his or her continued placement in administrative segregation? If so, detail these concerns and indicate the plan to address the issues. If there are no concerns, indicate that there are no concerns as evidenced by the most recent (date) review by a Psychologist.

Has the inmate made a request to speak with psychology for counselling? What was the result of this request?

Are his or her health care needs met during the daily health care staff visits to administrative segregation? Does the inmate report at the hearing that he or she requires health care attention?

ACCESS TO CORRECTIONAL PROGRAMS OR INTERVENTIONS

What correctional programs or interventions are being accessed by the inmate? If the inmate has refused available programs or interventions, indicate which ones and why. These may include educational self-study programs, individual or group programs.

ACCESS TO CASE MANAGEMENT SERVICES

Has the inmate been seen by his or her Parole Officer? If not, explain why. Indicate frequency of meeting. Indicate any changes or action relative to the inmate's Correctional Plan.

ACCESS TO SPIRITUAL SUPPORT

Has the inmate requested to see the Chaplain/Aboriginal Elder or other appropriate spiritual advisor? Has this occurred and at what frequency?

EXERCISE

Has the inmate been given the opportunity to exercise for at least one hour every day outdoors, weather permitting, or to exercise indoors where the weather does not permit exercising outdoors? If weather did not permit outdoor exercise and the institution's administrative segregation area does not allow for indoor exercise, what was done?

VISITS

Does the inmate receive visits?

Has the inmate met with the Inmate Committee members or peer support? Does he or she wish to?

SHOWERS

Is the inmate provided the opportunity to shower at least every second day? If not, explain why.

PERSONAL EFFECTS

If, at the fifth working day review, the decision is made to retain the inmate in administrative segregation, the inmate is entitled to receive his or her personal effects within the following three working days.

At the time of this review, has the inmate received his or her personal effects? If not, explain why. (Once the inmate has received his or her personal effects, this heading is no longer required in further reviews.)

3. SECURITY ISSUES

Are there any specific security issues relating to this inmate that require attention (i.e. incompatibilities, gang-related problems, use of restraint equipment during staff contact or escort, restrictions on personal effects)?

What contact does the inmate have with other inmates? Is he or she permitted normal association with other inmates in administrative segregation or does he or she required a specialized routine (e.g. exercise alone)?

4. OVERALL ASSESSMENT

A brief synopsis as to when and why the inmate was placed in administrative segregation. Indicate the number of days that the inmate has been in administrative segregation to this review date. Specify under what status he or she is segregated [i.e. voluntary/involuntary basis on (date) under what section of the CCRA]. Indicate if there has been any change in that status and if so, why there was a change.

Validate the legitimacy (demonstrating reasonable grounds) for placement and continued maintenance of the inmate in administrative segregation.

Validate alternatives or the lack of alternatives for voluntarily segregated inmates.

Validate the pattern of behaviour for involuntarily segregated inmates.

Validate if ongoing investigations, the implementation of SHU packages, waiting transfer, and other extended actions justify maintenance in administrative segregation - this justification must demonstrate that the inmate continues to pose a threat to the safety and security of the institution or continues to be threatened.

REINTEGRATION PLAN

There must be a documented, clearly defined, time-framed plan of action being taken by the Case Management Team to move the inmate out of administrative segregation.

Describe steps that were identified and action that has been taken to release the inmate from administrative segregation at the earliest possible opportunity. Include key milestones and dates for returning the inmate to the general population. This should include the identification of programs, cell studies, and psychological assessments, etc. The evaluation of the progress being made by the inmate should be part of the review and recommendations of the SRB.

5. INMATE COMMENTS

Capture a gist of any input or rebuttal information that the inmate provides for or at the hearing.

6. RECOMMENDATION

Make recommendation to the Institutional Head, articulating the reasons.

7. OPPORTUNITY FOR INMATE GRIEVANCE OF THE DECISION

Document that "If you are not satisfied with the decision of the Institutional Head, you may submit a grievance directly to the Deputy Commissioner of the region (section 90 of the CCRA and paragraph 75(b) of the CCRR)".

 

Annex E

MENTAL HEALTH ASSESSMENT FOR ADMINISTRATIVE SEGREGATION - CONTENT GUIDELINES

REQUIREMENTS

At least once within the first 25 consecutive days of an inmate's placement in administrative segregation and once every subsequent 60 days, a Psychologist is required to assess and report on the mental status of inmates who have been continuously in administrative segregation. The assessment shall focus on the inmate's mental status at the time of the assessment, with a special emphasis on the evaluation of the risk for self-harm or suicide.

REVIEW AND INTERVIEW

This assessment should include a file review and interview. The file review can be cursory if the inmate is known to the Psychologist, and if the inmate has no history of self-harm. The interview may be brief and only need assess the mental status and risk for self-harm at the time of the assessment.

The assessment should also involve consideration of Segregation Log entries made by Correctional Officers and others about the inmate and discussion with the officers on duty about the inmate's behaviour. Contact may also be made with the inmate's Parole Officer or other appropriate persons.

CONTACT

The Psychologist doing the assessment will personally ask inmates individually if they wish to participate, in order to give him or her a chance to observe the inmate at least briefly. The Psychologist can routinely offer the opportunity for private interview as necessary. If the inmate indicates he or she doesn't want to talk, the Psychologist will attempt to start a conversation as sometimes an inmate will say he or she isn't interested, but with some encouragement will continue talking.

Inmates scheduled for review will generally fall into two categories, those who cooperate with the review and those who refuse consent/do not cooperate.

A cooperative inmate

The Psychologist will conduct the review of information and interview.

An inmate who refuses consent or does not cooperate

When an inmate refuses to cooperate, the assessment involves a review of the information, as noted above, and some personal observation of the inmate (done at the time consent is refused).

Given that the inmate is providing only very limited information about his mental status (i.e., what can be obtained from the Psychologist's observation), more emphasis should be placed on getting information from the ancillary sources. This does not provide the level of information needed for an assessment of current mental status, but it does give the Psychologist an opportunity to become aware of behaviour that might be indicative of a problem.

If an inmate refuses consent or cooperation, the Psychologist should make a note of this on the segregation assessment form, and withdraw. If the inmate refuses consent formally but keeps on talking in a way that permits conversation, the Psychologist should consider that consent is implied and continue the interview.

The Psychologist should document his or her actions on the segregation assessment form by noting that a mental status assessment was not possible in the absence of cooperation, and make some comments about the inmate based on the information obtained from the Segregation Log, Correctional Officers, and personal observation.

If the inmate refuses an interview but file information, observation, the reports of correctional staff or log entries suggest that there may be a problem with the inmate's mental health, the Psychologist should follow up as necessary, documenting the actions taken.

FOLLOW-UP

If follow up is required, the Psychologist will share the concerns with the appropriate staff members. The follow-up may include but is not limited to a referral to a Psychiatrist, referral to a Chaplain or Elder, a referral for counselling, placing the inmate on elevated risk status for suicide or self-harm, making recommendations for a change in placement, or depending on the circumstances, other actions that may be appropriate.

The Psychologist must ensure that all actions are documented appropriately. This could include documentation, as appropriate, on the Segregation Log (CSC/SCC 0218), in the officer's log book, the mental health assessment report or any other necessary documentation.