Commissioner's Directive
Date:
2010-07-14
Number - Numéro:
710-2-1
CCRA SECTION 81: ADMISSION AND TRANSFER OF OFFENDERS
Issued under the authority of the Senior Deputy Commissioner
OBJECTIVE
1. To provide guidelines for the admission and transfer of offenders between the Correctional Service of Canada (CSC) and section 81 facilities (Healing Lodges).
SECTION 81 TRANSFERS
Purpose
2. The purpose of a section 81 transfer is:
- to facilitate the care and custody of an offender in an Aboriginal community where such services predominately address the rehabilitation of offenders through culture, spirituality and traditions of the community;
- to provide, through an Aboriginal community, services and benefits, that CSC cannot itself provide or cannot provide to an Aboriginal offender in a cost-effective or culturally-sensitive manner, which will assist the Aboriginal offender to become a law-abiding citizen; and
- to facilitate the development of skills on accessing the broader Aboriginal social and community services network that support the reintegration of an offender, who would benefit from these specialized services.
Offender-Related Objectives
3. In support of public safety, a section 81 agreement and subsequent transfer facilitate and enhance the realization of such offender-related objectives as:
- keeping the offender closer to his or her home community, in recognition of the value of family and community relationships;
- providing access to a culturally specific program or service that will enhance the offender's potential for reintegration into the community; and
- enabling the offender to exercise his or her legal rights, as defined within the CCRA, in relation to the offender's conviction and sentence.
TRANSFER AUTHORIZATION
4. Transfers of Aboriginal offenders from federal custody to an Aboriginal community's care and custody are authorized under section 81 agreements signed by the Minister, or a person authorized by the Minister.
5. Under subsection 81(3) of the CCRA, the Commissioner may transfer an offender to the care and custody of an Aboriginal community.
6. The Regional Deputy Commissioner or designate is authorized to approve a section 81 transfer.
PROTOCOL AND PROCEDURES AGREEMENTS
7. The requirement for separate operational protocol and procedures agreements addressing admissions and transfers would normally flow from a stated need of such protocol agreements within each section 81agreement.
8. Each section 81 agreement will have a separate agreed-upon detailed protocol and procedures agreement for the admission and transfers of offenders between CSC and the section 81 Healing Lodge. The protocol document will be established pursuant to the agreement between the Minister of Public Safety and the Aboriginal organization. The operational protocol document addresses the agreed-upon procedures for the admission and transfer of offenders and conditionally released offenders to and from the section 81 Healing Lodge.
9. All senior managers, Institutional Parole Officers (IPOs) and Community Parole Officers (CPOs) involved with section 81 facilities will be familiar with related section 81 and protocol agreements. These agreements with the community play a special role in the important linkage and relationship between the Aboriginal community and CSC policy structure.
CRITERIA FOR TRANSFERS FROM FEDERAL CUSTODY TO ABORIGINAL CARE AND CUSTODY
10. The following are valid criteria for a section 81 transfer, consistent with the principle that the transfer is primarily aimed at benefiting the rehabilitation gains of an Aboriginal offender and is consistent with public safety:
- be able to be classified as minimum security or in rare cases, be classified as medium security;
- the offender must present a low risk to public safety in the event of an escape;
- the offender must require a low degree of supervision and control of his or her activities within the Healing Lodge setting;
- the offender must be committed to the Healing Lodge's philosophy and his or her Healing Plan;
- the offender must be willing to continue with his or her healing journey;
- the offender must be willing to abide by all rules and procedures as prescribed by the Healing Lodge;
- the section 81 Healing Lodge Director must provide written confirmation of acceptance for transfer of the offender to the CSC institution;
- the offender consents to the transfer to the section 81 Healing Lodge;
- the offender's rights and opportunities must not be diminished by virtue of the external delivery of services;
- notwithstanding the external delivery of community correctional services, CSC retains its general responsibility to ensure the best possible correctional services to offenders under its mandate.
TRANSFER AREAS COVERED WITHIN PROTOCOL AGREEMENTS
11. The following areas are to be covered within the protocol agreements:
- intake assessment and penitentiary placement;
- regular transfers;
- interim transfers to CSC for assessment or programming purposes;
- escorted or unescorted temporary absences for programming purposes;
- escorted or unescorted temporary absences from the Healing Lodge to other facilities;
- work releases;
- day and full parole;
- voluntary return of offenders (non-emergency);
- involuntary return of offenders (emergency);
- non-emergency return of conditionally released offenders;
- emergency return of conditionally released offenders;
- victim notification;
- reporting of security incidence;
- police notification and warrants.
INTAKE ASSESSMENT AND PENITENTIARY PLACEMENT
12. Offenders will be advised at the Preliminary Assessment phase of section 81 and 84 provisions. Parole Officers conducting the Preliminary Assessment will reflect the outcome of the interview in the Preliminary Assessment Report.
13. If an offender expresses an interest in transferring to the care and custody of an Aboriginal community under section 81, the Parole Officer conducting the Preliminary Assessment will document this information for follow-up at the Intake and Assessment phase.
14. Where an offender can be classified minimum security at intake, the section 81 Healing Lodges shall be considered as the first option for placement. If the transfer is not an option the Parole Officer must state rationale for section 81 non-placement and under what conditions the transfer will be appropriate. The section 81 flag will remain active unless the offender is no longer interested, in which case the flag will be made inactive.
15. The offender's expression of interest in a section 81 transfer will be documented within his or her Correctional Plan/Healing Plan.
16. Upon receipt of the offender's expression of interest in a transfer, Healing Lodge staff will interview the offender and provide an overview of the Healing Lodge, expected residency commitments and behaviour expectations.
17. The offender will submit an application for admission. The Parole Officer will consider the overall case management of the offender and activate the application.
18. Healing Plans must be in place prior to any transfer to a section 81 facility and can involve input from the Healing Lodge Case Worker if a Healing Plan is not completed.
19. Healing Lodge Directors will provide the Institutional Head and the Manager of Assessment and Interventions with the following written submission:
- consent for admission to the Healing Lodge;
- confirmation, under the provisions of the section 81 agreement and the protocol and procedures, that the Healing Lodge is willing to assist the offender reach his or her Healing Plan goals;
- confirmation that the offender's request for transfer will remain active within files for future considerations.
20. Following consent for admission by the Healing Lodge Director, the Parole Officer will ensure that the offender submits an application for transfer and that documentation is provided to the Correctional Intervention Board; or if the transfer is not supported, provide a rationale for why the offender does not meet the criteria for transfer. The information is shared with the offender.
21. The principles of the Duty to Act Fairly will apply providing the offender the opportunity to respond in an informed manner to the notice of transfer.
REGULAR TRANSFERS
22. Existing CSC transfer processes will provide the necessary avenue for section 81 transfer cases.
23. The Manager of Assessment and Interventions will ensure IPOs are familiar with section 81 facilities and philosophy, appropriate referrals, the institutional transfer process and CD 710-2 - Transfer of Offenders.
24. All offender transfers will be with the consent of the offender.
25. Offenders may submit a request for interview to their IPO or to a Healing Lodge staff member at any time. The purpose of the request is entered in the Offender Management System (OMS).
26. The IPO will ensure that a copy of the request for interview is forwarded to and received by the Healing Lodge Director. The following information will be included:
- parole eligibility dates;
- upcoming National Parole Board (NPB) hearing dates;
- release dates; and
- timelines for the Healing Lodge documents or consent letters.
27. The sending institution will ensure, where required, that the offender has NPB approval for temporary absences from the Healing Lodge prior to transfer.
28. For all transfers, if victim notification is applicable, the respective Protocol Agreement will outline appropriate procedures.
INTERIM TRANSFERS TO CSC FOR ASSESSMENT OR PROGRAM PURPOSES
29. Short-term transfers for assessment or program needs to a federal facility require a Correctional Plan update and an Assessment for Decision.
30. The receiving institution will be required to enter this information in OMS.
31. The Healing Lodge Director will provide a letter of support to CSC outlining the purpose and duration of the assessment/program that is in alignment with the Healing Plan.
32. The administrative decision will be entered in OMS upon completion of the program/assessment and transfer back to the Healing Lodge. Prior to the transfer back to the Healing Lodge, the transfer information will be forwarded to the Regional Transfer Officer at Regional Headquarters for review and approval by the Assistant Deputy Commissioner, Institutional Operations.
ESCORTED OR UNESCORTED TEMPORARY ABSENCES FROM CSC TO A HEALING LODGE FOR PROGRAM PURPOSES
33. An offender may submit an Application for Temporary Absence (CSC/SCC form 1078) to his or her IPO. The IPO will initiate discussions with the offender addressing the option of escorted temporary absences (ETAs) or unescorted temporary absences (UTAs) to the Healing Lodge.
34. The Parole Officer will forward the application to the Healing Lodge and ensure that the responsible officer at the Healing Lodge has received the application.
35. The temporary absence permit will identify who is responsible for providing the escort back to the institution. In most cases, the institution will be responsible for transportation.
ESCORTED OR UNESCORTED TEMPORARY ABSENCES FROM A HEALING LODGE TO OTHER FACILITIES
36. An offender may be granted ETAs or UTAs for the purpose of family/community contact from the Healing Lodge. The offender will submit a request to his or her Case Worker for review and decision by the Healing Lodge Case Management Team (CMT). The CMT and IPO will work together to develop and approve a supervision and risk management plan. The plan may include staying overnight at a CSC facility or a community residential facility in support of incremental reintegration with family/community contacts.
37. The outline and plan submitted to the CMT for the ETA/UTA must be clearly stated by the offender.
38. The Healing Lodge Director is the decision maker whose authority is similar to the Institutional Head's authority within Commissioner's Directives.
39. Post ETA reports will be completed by the escorting Healing Lodge Case Worker and shared electronically with the IPO for eventual OMS entry.
WORK RELEASES FROM CSC TO A HEALING LODGE
40. An offender may submit an Application for Work Release (CSC/SCC form 1072) to his or her IPO. The IPO may initiate discussions with the offender addressing the option of work release to the Healing Lodge.
41. The Parole Officer will forward the application to the Healing Lodge and ensure that the responsible officer at the Healing Lodge has received the application.
42. Both the sending institution and the Healing Lodge will ensure wherever required that offenders possess NPB approval for temporary absences.
DAY AND FULL PAROLE
43. An offender who submits an application for day or full parole to a Healing Lodge will also submit a membership application to the Parole Officer responsible for his or her case.
44. The Parole Officer will forward the application to the Healing Lodge and ensure that the responsible officer at the Healing Lodge has received the application.
VOLUNTARY RETURN OF OFFENDERS (NON EMERGENCY)
45. The return of an offender to CSC is initiated when the Director of the Healing Lodge withdraws consent to house the offender, or when the offender advises that he or she wishes to be transferred. The Healing Lodge Director is the decision maker.
46. The Healing Lodge Director or designate will contact the Correctional Manager or the officer in charge, at the appropriate minimum security facility, to inform the institution of the offender's request for voluntary transfer. The responsible CSC officer will gather information in reference to the request.
47. The Correctional Manager will advise the Institutional Head of the Healing Lodge Director's withdrawal of support, or the offender's request to voluntarily transfer, and provide all relevant information.
48. The Healing Lodge Director or designate and the Correctional Manager will discuss appropriate transportation.
49. The IPO responsible for the case will contact the Healing Lodge Director to gather information related to the offender's performance and the circumstances that led to the transfer request.
50. A progress report will be completed to address the offender's progress at the lodge and rationale for transfer. An Assessment for Decision is not required unless the security level of the offender is to be reviewed and elevated. If this is required, it will be completed within 30 days of the offender submission of a transfer request.
51. Prior to the transfer, the Case Worker at the Healing Lodge will submit to the Manager of Assessment and Interventions the following information that supports the completion of the Assessment for Decision.
Case Status
- a) Profile of the offender, including name, Finger Print System (FPS) number, length of sentence, and offence.
- b) Synopsis of the programs and activities the offender has been participating in since arrival at the Healing Lodge.
Purpose of the Report
- c) Reasons the report is being prepared (e.g. the offender is requesting to voluntarily return to the institution or the Healing Lodge is withdrawing its support).
- d) Reasons the offender is leaving the Healing Lodge.
- e) Where consultation has occurred with the receiving institution, documentation of the plan to move the offender.
INVOLUNTARY RETURN OF OFFENDERS (EMERGENCY)
52. An involuntary transfer is warranted where an offender's risk to staff and public safety is no longer manageable.
53. The Healing Lodge Director is responsible for deciding if an offender should be transferred.
54. The Healing Lodge Director will contact the Correctional Manager of the institution to request emergency assistance to carry out the involuntary removal of an offender from the Healing Lodge.
55. The Correctional Manager will immediately notify the Institutional Head of the Healing Lodge Director's request and provide all relevant information.
56. The Correctional Manager will dispatch Correctional Officers/Primary Workers as soon as possible to the Healing Lodge to transport the offender back to the institution.
57. The Healing Lodge Director or designate will meet the officers at the Healing Lodge and provide a letter terminating support of the offender, indicating reasons for the transfer. The offender will be provided with a copy of the reasons for transfer.
58. Prior to the transfer or as soon as possible after the transfer, the Case Worker at the Healing Lodge will provide the Manager of Assessment and Interventions the following information for completion of the Assessment for Decision.
Case Status
- a) Profile of the offender: FPS number, length of sentence, and offence.
- b) Synopsis of the programs and activities the offender has been involved in since arriving at the Healing Lodge.
Purpose of the Report
- c) Reasons the report is being prepared: (e.g. involuntary transfer of an offender to the institution).
- d) Reasons for the involuntary return of the offender to the institution (e.g. involuntarily return due to behaviour and increased risk that can no longer be managed).
- e) An analysis of the factors that prompted the involuntary transfer, including the precipitating incidents (time, place, damage to property or physical injury, intoxication, etc.) and behaviour the offender exhibited to cause the recommendation for transfer.
- f) Where consultation has occurred with the receiving institution, documentation of the plan to transfer the offender.
59. A case conference will occur at the earliest date between the Healing Lodge and the receiving institution.
60. The Healing Lodge Director is responsible for deciding if an offender should be transferred.
61. The responsible IPO will complete all the necessary reports and OMS entry.
NON-EMERGENCY RETURN OF CONDITIONALLY RELEASED OFFENDERS
Outside Working Hours
62. Outside working hours (evenings, weekends and holidays), the Healing Lodge will advise the CSC National Monitoring Centre of any reportable situation associated with one of their conditionally released offenders. The National Monitoring Centre personnel will then determine, based on the available information, whether the offender's risk remains manageable or if a warrant of suspension will be issued.
63. In the case where a warrant of suspension has to be issued, the National Monitoring Centre Supervisor will ensure that a warrant of suspension is placed in OMS, and a copy is sent to the appropriate Police Force.
64. The Healing Lodge will provide a written letter of non-support to the area parole office by the next business day.
65. The area parole office will complete all required OMS and case management documentation, including a Correctional Plan update, an Assessment for Decision and a Community Strategy, if necessary.
66. If the offender's case is being referred to the NPB, the area parole office will ensure warrant control and will be responsible for the readmission penitentiary placement.
During Working Hours
67. During working hours (Monday to Friday), the Healing Lodge must advise the responsible area parole office of the situation requiring the return of an offender to the institution. The Parole Officer Supervisor will determine whether the offender's risk remains manageable and, if not, will suspend the offender's release.
68. The responsible parole office will issue the warrant and contact the relevant Police Force.
69. The Healing Lodge will provide a written letter of non-support to the area parole office by the next business day.
70. The Healing Lodge will provide the offender with written notice of the reasons for the return to CSC custody.
71. The responsible area parole office will complete all required OMS and case management documentation, including a Correctional Plan update, an Assessment for Decision and a Community Strategy, if necessary.
72. If the offender's case is being referred to the NPB, the responsible area parole office will ensure warrant control and will be responsible for the readmission penitentiary placement.
EMERGENCY RETURN OF CONDITIONALLY RELEASED OFFENDERS
Outside Working Hours
73. Outside working hours (evenings, weekends and holidays), the Healing Lodge will notify the appropriate Police Force and will advise the CSC National Monitoring Centre of the emergency situation. The National Monitoring Centre personnel will determine whether or not to suspend the release of the offender residing at the Healing Lodge.
74. In the case where a warrant of suspension has to be issued, the National Monitoring Centre Supervisor will ensure that a warrant of suspension is placed in OMS, and a copy is sent to the appropriate Police Force.
75. The Healing Lodge will provide a written letter of non-support describing the offender's progress and a summary and description of the emergency situation. A copy of the Progress Report must be forwarded to the responsible CSC area parole office the next business day.
76. The responsible area parole office will complete all required OMS and case management documentation, including a Correctional Plan update, an Assessment for Decision and a Community Strategy, if necessary.
77. If the offender's case is being referred to the NPB, the responsible area parole office will ensure warrant control and will be responsible for the readmission penitentiary placement.
During Working Hours
78. During working hours (Monday to Friday), the Healing Lodge must advise the responsible area parole office directly. The Parole Officer Supervisor will determine whether or not to suspend the release of the offender residing at the Healing Lodge.
79. The responsible area parole office will issue the warrant and confirm with the local Police Force.
80. The Healing Lodge will provide a written letter of non-support for the responsible area parole office, the next business day.
81. The responsible area parole office will complete all required OMS and case management documentation, including a Correctional Plan update, an Assessment for Decision and a Community Strategy, if necessary.
82. If the offender's case is being referred to the NPB, the responsible area parole office will ensure warrant control and will be responsible for the readmission penitentiary placement.
Senior Deputy Commissioner,
Original signed by :
Chris Price for:
Marc-Arthur Hyppolite
ANNEX A
DEFINITIONS
Aboriginal means Indian (status or non-status), Inuit or Métis. (Corrections and Conditional Release Act - CCRA, section 79).
Aboriginal community means a First Nation, tribal council, band, community, organization or other group with a predominantly Aboriginal leadership. (CCRA, section 79)
Transfer means the physical transfer of an offender (CCRA, section 2) from CSC care and custody to the care and custody of an Aboriginal community pursuant to subsection 81(3) of the CCRA and a section 81 agreement.
Section 81 agreement means an agreement entered into by the Minister, or a person authorized by the Minister, with an Aboriginal community for the provision of correctional services to Aboriginal offenders. [CCRA, subsection 81(1)]
Section 81 Healing Lodge means a minimum or multi-level facility managed by an Aboriginal organization under a section 81 agreement providing primarily spiritual and cultural services for Aboriginal or non-Aboriginal offenders.