Commissioner's Directive
Number - Numéro: |
Date: |
INMATE PROGRAM ASSIGNMENT AND PAYMENTS
Issued under the authority of the Commissioner of the Correctional Service of Canada |
[ Policy Objective | Legislative Authorities | Cross-References | Exclusions | Principles | Responsibilities | Program Assignment | Payments To Inmates | Mother-Child Program - Maternity Leave | Calculation Of Payments | Program Assessment | Overtime | Program Assignments Performed On Weekends And Statutory Holidays | Transfers | Suspensions | Segregation | Shutdowns | Privacy Issues]
1. To encourage inmates to participate in programs identified in their correctional plans.
2. Corrections and Conditional Release Act, paragraphs 78(a) and (b), Corrections and Conditional Release Regulations, section 104.
3. Corrections and Conditional Release Act, s. 3, s. 5(b), s. 28(c), s. 76, s. 77, s. 79, s. 80, s. 102(1).
Commissioner's Directive 576, "Management of Gangs and Organized Crime".
Commissioner's Directive 590, "Administrative Segregation".
Commissioner's Directive 597, "Disciplinary Segregation".
Commissioner's Directive 700, "Case Management".
Commissioner's Directive 720, "Education of Offenders".
Commissioner's Directive 860, "Inmate's Money".
Commissioner's Directive 870, "Maintenance Allowance for Offenders".
Standard Operating Practices 700-4, "Offender Intake Assessment and Correctional Planning".
Standard Operating Practices 700-A, "Responsibility Matrix - Case Management".
Charter Document, CORCAN Special Operating Agency.
Interim Instruction, Mother-Child Program.
4. Excluded from the provisions of this directive are inmates:
- receiving a maintenance allowance under the provisions of Commissioner's Directive 870, entitled "Maintenance Allowance for Offenders";
- residing in a penitentiary while on a program assignment for which remuneration is paid directly by an outside employer;
- residing in a Community Correctional Centre or a community-based residential facility or a provincial facility, except if residing in a provincial facility for a limited period of time in order to participate in a specific program and not receiving any pay from that provincial facility, or subject to an agreement under section 81 of the Corrections and Conditional Release Act.
5. Program assignments shall:
- be based on recommendations in the inmate's correctional plan;
- be scheduled to support the reintegration of inmates into the community at their earliest eligibility;
- normally total the equivalent of five full days per week.
6. Program assessment for pay purposes shall be based on all available information concerning the inmate's participation in programs. The information shall be provided by the program supervisor, parole officer, unit staff and any other individuals responsible for the supervision of inmates.
7. Pay shall be reduced, or increases shall be refused, only for failure to meet the performance standards of a program to which an inmate has been assigned. Following completion of a program assignment, inmates shall be expected to maintain behavior that can reasonably be considered to be consistent with the program's performance standards. Failure to do so within six months following program completion may result in either a reduction in pay or the denial of an increase in pay.
8. Authorized absences from a program assignment shall not result in a loss of pay.
9. Program assignments shall not normally be scheduled on weekends, except where necessary to maintain essential services.
10. Only inmates who participate in program assignments related to their correctional plan are eligible to earn incentive pay. Inmates who accept work assignments, but refuse to participate in other program assignments, shall be ineligible to earn incentive pay.
11. The institutional head shall:
- provide for a range of programs suitable to the identified needs of the inmate population and the operational requirements of the institution;
- establish a Program Board (or equivalent), headed by the Assistant Warden, Correctional Programs or his/her designate responsible for the administration of program assignments and payments;
- establish membership of the Program Board;
- establish the standard number of hours per week for program assignments.
12. The Program Board shall:
- assess program requirements through the ongoing review and analysis of correctional plans;
- identify and maintain an inventory of all institutional program assignments for which pay shall be awarded;
- develop, implement and maintain a program scheduling system to prioritize inmate participation in program assignments;
- approve program assignments and pay levels;
- review suspensions and termination of program assignments;
- terminate program assignments;
- review overall performance assessments.
13. For the purposes of this directive, a program assignment refers to any therapeutic intervention, work assignment, educational or training activity approved by the Program Board for which the inmate is paid.
14. The Program Board shall normally make an interim program and payment assignment within two weeks of an inmate's admission to an institution.
15. Within two weeks of development of the correctional plan, the Program Board shall determine the program assignment(s) that best address(es) the inmate's needs and timeframes identified in the plan.
16. The situation of inmates not assigned to a program shall be systematically reviewed by the Program Board at intervals not to exceed one month.
17. Pay shall normally be based on the following daily rates:
- Level A pay ($6.90) shall be awarded to inmates who:
- have been earning level B pay for at least the previous three months and have met the following performance standards in relation to all program assignments in their correctional plan:
- no unauthorized absences;
- no unjustified late arrivals to, or early departures from, the program assignment;
- full and active participation in all aspects of the program assignment;
- completion of all requirements of the program assignment(s) to an excellent standard;
- excellent interpersonal relation-ships, attitude, motivation, behaviour, effort and productivity.
- have been earning level B pay for at least the previous three months and have met the following performance standards in relation to all program assignments in their correctional plan:
- Level B pay ($6.35) shall be awarded to inmates who:
- have met the following performance standards in relation to all program assignments in their correctional plan for at least the three previous months:
- good attendance and punctuality;
- demonstrated full and active participation in all aspects of the program assignment;
- completed all requirements of the program assignment(s) to a good standard;
- good interpersonal relation-ships, attitude, motivation, behaviour, effort and productivity.
- have met the following performance standards in relation to all program assignments in their correctional plan for at least the three previous months:
- Level C pay ($5.80) shall be awarded to inmates who:
- participate in a program assign-ment specified in their correctional plan;
- participate in a program assign-ment recommended by the case management team before a correctional plan has been finalized.
- Level D pay ($5.25) shall be awarded to inmates who:
- participate in a work assignment but refuse to participate in any other program assignment specified in their correctional plan, or in the absence of a correctional plan, refuse to participate in any other program assigned by the Board. This includes inmates who are appealing their sentence and/or conviction and refuse a program assignment for reasons related to the appeal.
18. An allowance of $2.50 shall be awarded to inmates who are unable to participate in a program assignment for reasons beyond their control.
19. A basic allowance of $1 shall be awarded to inmates who refuse to participate in all assignments offered by the Program Board.
20. Under exceptional circumstances, institutional heads may authorize, in writing, pay for inmates at levels for which they would not otherwise be eligible.
MOTHER-CHILD PROGRAM - MATERNITY LEAVE
21. Inmates who give birth shall be entitled to 15 weeks of paid maternity leave. The inmate will receive the level of pay she was at prior to the child's birth.
22. Payments to inmates shall be computed on a 14-day pay period and placed to their credit no later than the last normal working day in the next pay period.
23. Inmates assigned to a program(s) for fewer than 10 days during a 14-day pay period shall be paid as follows:
- For program participation on each day, or portion thereof, the assigned pay level shall apply on a pro-rated basis.
- An allowance of $2.50 shall normally be awarded on a pro-rated basis for the balance of days, or portions thereof, to a maximum of 10 days, in the 14-day period.
24. The basic allowance of $1 shall apply to days of the normal work week only.
25. Inmates shall receive no pay during unauthorized absences.
26. The Program Board shall review and assess the inmate's overall participation in the program assignment(s) at least once every three months and decide on the inmate's pay level. This interval may be extended by a period not exceeding one month for newly transferred inmates.
27. Decisions about the inmate's pay level and program assignment shall be based on input from the program supervisor(s), parole officer, unit staff and other individuals as appropriate. This input shall assess, at the very least, information on punctuality, attendance, interpersonal relationships, attitude, motivation, behaviour, effort, productivity and responsibility.
28. The Program Board shall give the inmate written notification within five working days of its decision regarding his/her pay level and underlying reasons. Upon receipt of the Board's decision, the inmate shall be given five working days to make a written or oral representation to the Board. The Board shall provide the inmate with its final decision within five working days.
29. The Board shall determine a single pay level for inmates who participate in multiple assignments.
30. At the conclusion of each program assignment related to the inmate's correctional plan, the program supervisor shall report on the extent to which the inmate's identified need(s) have been met.
31. Overtime shall only be authorized where no other reasonable alternative exists. Overtime shall only be paid to an inmate when the cumulative total of time worked in all program assignments is in excess of the institution's established work week.
32. Overtime shall be calculated at one-fifth of the inmate's daily level of pay for each hour actually worked.
PROGRAM ASSIGNMENTS PERFORMED ON WEEKENDS AND STATUTORY HOLIDAYS
33. Program assignments shall not normally be scheduled on weekends and statutory holidays. The institutional head may approve exceptions for:
- performance of essential tasks required to be performed on a daily basis;
- emergency requirements; or
- exceptional requirements of the program assignment.
34. Inmates who perform assignments on Saturdays and Sundays shall be given equivalent compensatory time off during the weekday. The inmate shall be provided with written notice of the requirement to work weekends before being offered the assignment.
35. Only those inmates who participate in an employment placement component of their program assignment on a statutory holiday are entitled to work more than 10 days during a 14-day pay period. Inmates performing such tasks on a statutory holiday shall receive an additional day's regular inmate pay.
36. Inmates transferred for any reason shall continue to be paid at the level assigned before the transfer until reviewed by the Program Board at the receiving institution.
37. Upon transfer to any institution, within or outside a region, the receiving institution shall be responsible for paying the inmate during transit.
38. The program supervisor may suspend an inmate who leaves a program assignment without authorization or whose actions demonstrate a refusal to participate in a program assignment. This includes any negative behavior or action that necessitates the removal of the inmate from the program assignment.
39. Inmates shall not be paid for the period during which they were suspended from a program assignment.
40. The program supervisor shall, within two working days, provide written notification with reasons of the suspension to the Program Board and inmate's parole officer. A copy of the notification shall be provided to the inmate. The inmate shall be given two working days to make written representation to the Board and shall be given an opportunity to appear before the Board during its review of the suspension. The Program Board shall review the suspension within five working days of the receipt of notification.
41. Upon reviewing the case of a suspended inmate, the Program Board, in consultation with the inmate's program supervisor and parole officer and upon consideration of the inmate's submission, shall do one of the following:
- Cancel the suspension. If the suspension is cancelled, the inmate shall be reinstated in the program assignment from which the suspension took place. The inmate shall be awarded full back pay for the period of suspension.
- Reduce the period of the suspension. If the Board considers the time served under suspension to be too long, it may reduce the period of suspension and either reinstate the inmate in the program assignment from which the suspension took place or it may terminate the program assignment and reassign the inmate, wherever possible. The inmate shall be awarded back pay to reflect the period of reduced suspension.
- Confirm the suspension. If the suspension is confirmed, the Board may either reinstate the inmate in the program assignment from which the suspension took place or it may terminate the program assignment and reassign the inmate, wherever possible. No back pay shall be awarded.
- Maintain the suspension. In exceptional circumstances the Board may maintain the suspension for additional periods, each of which shall not exceed five working days, pending further investigation. Once the required information is obtained, the Program Board shall make a decision as described in paragraphs a. to c., above.
42. The Board shall give the inmate the final decision and the reasons for the decision in writing within two working days of making its decision.
43. The Program Board shall review the case of all inmates who remain in disciplinary segregation more than seven working days. The case of these inmates shall be reviewed no later than 12 working days from the day they are admitted into disciplinary segregation.
44. Time spent in disciplinary segregation shall normally be considered as an unauthorized absence for pay purposes. However, inmates in disciplinary segregation may be eligible to receive pay based on program assignments performed while in disciplinary segregation.
45. In the event of a shutdown, inmates shall normally receive regular pay in the following manner:
- Where the shutdown is not the result of any action on the part of the inmate population or where some inmates have not participated in an inmate-caused shut-down:
- a full day's pay for each day of closure providing the inmates participate in their program assignment for a portion of each day;
- one-half day's pay per day if the inmates do not participate in their program assignment for a portion of each day of closure.
- If the inmate is directly responsible for a shutdown, or has been clearly identified as participating in a group action that has resulted in a shutdown, no pay shall be awarded for the entire period of closure.
46. Inmates assigned to positions which involve gathering and/or processing of information about other inmates shall be required to acknowledge in writing that they understand fully obligations and requirements consistent with the Privacy Act. The institutional head shall ensure that inmates are given access only to personal information necessary for their job. The Program Board shall ensure that inmates understand that breach of privacy is grounds for removal of the inmate from this position of trust and may attract other legal, administrative and disciplinary consequences.
Original signed by
Ole Ingstrup, Commissioner