Number - Numéro:
Policy number and title:
CDs 705-4 - ORIENTATION, 705-5 - SUPPLEMENTARY INTAKE ASSESSMENTS, 705-7 - SECURITY CLASSIFICATION AND PENITENTIARY PLACEMENT, 710-2 - TRANSFER OF OFFENDERS, 710-3 - TEMPORARY ABSENCES AND WORK RELEASES, 710-6 - REVIEW OF OFFENDER SECURITY CLASSIFICATION AND 712-4 - RELEASE PROCESS
Why was the policy changed?
The Commissioner's Directives (CD) were amended for several reasons. They include the need to incorporate the action plans resulting from boards of investigation and commitments related to CSC's Response to the Office of the Correctional Investigator's Deaths in Custody Study. The revisions also arise from legislative changes concerning Dangerous Offenders and terrorism and the need to incorporate interim policy direction for Dangerous Offenders and offenders serving life sentences.
Effective June 12, 2008, section 17 of the Corrections and Conditional Release Regulations (CCRR) was replaced with the following:
"The Service shall take the following factors into consideration in determining the security classification to be assigned to an inmate pursuant to section 30 of the Act: [...] (d) the inmate's social, criminal and, if available, young offender history and any dangerous offender designation under the Criminal Code."
The amendment of the CCRR is in line with the coming into force on July 2, 2008, of Bill C-2, the Tackling Violent Crime Act. That bill contains provisions for the tougher sentencing and management of Dangerous Offenders. The policy amendments below will ensure that the level of monitoring and supervision of Dangerous Offenders in custody is commensurate with the level of risk they present to public safety.
How was it developed?
The Institutional Reintegration Operations Division consulted with the Office of the Correctional Investigator and National Headquarters and regional stakeholders. National Headquarters consultation took place with Legal Services, the Security Branch, the Aboriginal Initiatives Directorate and the Health Services, Women Offenders and Policy Sectors.
Who will be affected by the policy?
Staff involved in the completion of intake assessments, security classification reviews and transfers.
What has changed?
Paragraph 6 was amended as a result of a recommendation by a board of investigation that sessions on Psychological Services and Suicide Prevention and Awareness be mandatory components of the Orientation Program for new offenders, both at intake and following any transfer. As well, a subparagraph was added to ensure that Aboriginal offenders are informed about culturally-relevant programs and services within the Continuum of Care.
Paragraph 8 was amended in French to correct the translation of "mental health screening" (évaluation de leur santé mentale). The term "dépistage" is now used.
In the section on Psychological Assessments, the order of the paragraphs was changed following paragraph 9. The policy requirements now flow from general ones (e.g., timeframes) to more specific ones (e.g., the need for a psychological assessment at intake for certain categories of offenders when consideration is being given to placement at a medium security institution).
Old paragraph 10 was amended (new paragraphs 12-14) to be consistent with CD 705-7 - Security Classification and Penitentiary Placement. When consideration is being given to classification to medium security, psychological risk assessments will be completed during the intake assessment process for offenders serving a life sentence for first or second degree murder, Dangerous Offenders serving an indeterminate sentence and offenders convicted of terrorism offences punishable by life. An assessment is also required in the case of a Dangerous Offender serving a determinate sentence when consideration is being given to classification to minimum security.
In old paragraph 12 (new paragraph 11), "normally" was added to reflect the fact that, although referral for psychological assessment is to be made during the first two weeks after admission, it is not always possible to meet the timeframe for completion of the report.
New paragraph 14 (old paragraph 12) clarifies the issues to be examined in the psychological assessment required for a security classification decision and is now consistent with CD 710-2 - Transfer of Offenders.
The heading "Elder Assessments" was changed to "Elder Review/Healing Plan" to be consistent with CD 702 - Aboriginal Offenders.
Paragraph 19 was replaced as the Elder does not assess risk. In the Elder Review/Healing Plan, the Elder indicates if the offender wishes to follow a traditional healing path and, if so, identifies the needs and programs to be addressed within the Continuum of Care.
Paragraphs 20 and 21 were amended to replace "Elder Assessment" with "Elder Review/Healing Plan."
A cross-reference was added regarding CD 705-5 - Supplementary Intake Assessments.
A definition for Dangerous Offender was added (new paragraph 10).
A requirement was added to old paragraph 10 (new paragraph 11) in regard to the determination of an offender's security classification. With the exception of certain categories of offenders, the decision-making authority of an Institutional Head or a District Director can be delegated to the Deputy Warden or Area Director. Offenders who are subject to a Dangerous Offender designation have been included as one of the types of offenders for whom that authority cannot be delegated.
Old paragraph 11 regarding the decision-making authority for security classification for offenders convicted of murder or terrorism offences was split into two (new paragraphs 12 and 13). This reflects the fact that the authority for initial classification to other than maximum security for an offender convicted of a terrorism offence punishable by life is the Assistant Commissioner, Correctional Operations and Programs (ACCOP), except when the offender is transferred directly to the Special Handling Unit (SHU) pursuant to paragraph 35. In such cases, the Senior Deputy Commissioner (SDC) is the decision maker (new paragraph 13).
New paragraph 14 indicates that when the classification of a Dangerous Offender to minimum security is being considered, the ACCOP is the decision maker when there is disagreement between the Institutional Head and the Regional Deputy Commissioner (RDC).
A requirement was added to old paragraph 12 (new paragraph 15) regarding the documenting by the decision maker of the ratings in relation to institutional adjustment, escape risk and public safety in every offender security classification final decision. It reflects the role of the ACCOP in certain decisions relating to the security classification of Dangerous Offenders and offenders serving a life sentence and, in certain decisions relating to offenders convicted of a terrorism offence, the role of the Senior Deputy Commissioner (SDC).
Old paragraph 13 (new paragraph 16) was amended to take into account the changes in decision-making authority outlined above. When a security classification decision is made by the ACCOP or the SDC, it is the responsibility of the Institutional Head or the District Director to ensure that the offender is provided with the required information regarding the decision.
New paragraph 17 indicates that when the decision maker for security classification is the ACCOP or the SDC, a grievance arising from the decision must be submitted directly to the third level.
Old paragraph 29 (new paragraph 33) was amended to clarify what constitutes a terrorism offence. The previous reference to section 83.01 of the Criminal Code in paragraph 30 did not capture all the possible offences. The revised wording also clarifies that the initial placement process for terrorism cases which takes place while an offender is still in provincial custody is of an interim nature and consists of, at a minimum, the completion of the Custody Rating Scale (CRS).
New paragraph 34 outlines the responsibility for completing the CRS depending on whether there is a centralized or a decentralized intake assessment process.
Paragraph 35 (old paragraph 30) provides further details regarding the interim placement process for terrorism cases when the CRS results in a maximum security rating. The RDC's decision as to whether an offender should be transferred to the SHU for assessment purposes will be documented in a Memo to File. As well, the paragraph clarifies the nature of the two assessments that are to be carried out at the SHU, i.e., intake assessment and assessment for admission to the SHU.
New paragraph 36 outlines the process for sharing with the offender the RDC's decision to transfer him to the SHU for assessment purposes.
The subheading "Offenders Subject to a Dangerous Offender Designation" has been added.
New paragraphs 37-41 outline the decision-making process for the proposed security classification of a Dangerous Offender to minimum security.
Paragraph 45 (old paragraph 33) was amended to correct the omission, in the 2009-02-27 version of the CD, of the policy requirement to complete a psychological assessment for Dangerous Offenders serving an indeterminate sentence when placement in a medium security institution is being considered. An assessment is also required in the case of a Dangerous Offender serving a determinate sentence when consideration is being given to classification to minimum security. The content guidelines for the assessment were deleted due to duplication with CD 705-5.
Paragraph 46 (old paragraph 33) was amended to be consistent with paragraph 13 of CD 705-5 - Supplementary Intake Assessments.
A requirement was added to paragraph 48 (old paragraph 35), in keeping with the amendment to section 17 of the CCRR, to take into consideration a Dangerous Offender designation when determining an offender's security classification.
Paragraph 60 (old paragraph 47) incorporates the current National Headquarters Distribution List for High Profile Memos.
Annex A - Custody Rating Scale, Part II - Security Risk Rating, Street Stability, has been amended to clarify 5 d "other (i.e., organized crime or terrorism offences)". For terrorism offences, see paragraph 31 comments above. For organized crime to be identified in question 5, the offender must have been convicted of a criminal organization offence.
Under Escape Risk in Annex E - Content Guidelines for Security Classification and Penitentiary Placement, the bullet regarding the need to consider any outstanding charges or appeals was amended. A board of investigation into the escape of an offender recommended that CD 705-7 be amended to specifically note the escape risk inherent in the appeal of a sentence by a deportable offender.
The second bullet under Public Safety Risk in Annex E was amended to ensure that a Dangerous Offender designation is taken into consideration when determining an offender's security classification.
A new bullet was added under Public Safety Risk in Annex E to incorporate the content of a Case Management Bulletin on Review of Offender Security Classification - Application of Notoriety and Public Reaction in Relation to Public Safety (2008-05-13). As a result of changes to legislation regarding terrorism, "terrorism" was added to the possible reasons for notoriety.
As a result of a recommendation of a board of investigation into the escape an offender, a new bullet was added under Public Safety Risk in Annex E regarding psychological concerns.
As a result of the above-mentioned board of investigation, a requirement was added in Annex E under Overall Assessment to consider the results/recommendations from any psychological or psychiatric assessments when recommending a placement. Those results/recommendations will be considered in the overall plan for managing the offender's behaviour at the proposed security level.
Cross-references were added to ensure better integration of health services related requirements. They include: Discharge Planning Guidelines: A Client-Centred Approach; CD 800 - Health Services; and CD 843 - Prevention, Management and Response to Suicide and Self-Injuries. The cross-reference to CD 843 in particular was needed due to the addition of paragraphs in CD 710-2 regarding offenders at risk for suicide or self-injury. A cross-reference to GL 005-1 - Institutional Management Structure: Roles and Responsibilities was added to capture the changes resulting from the institutional reorganization exercise.
A definition for Dangerous Offender was added (new paragraph 12).
Paragraph 29 was added due to a board of investigation into the death of an offender. This new paragraph reflects the requirements described in CD 843 - Prevention, Management and Response to Suicide and Self-Injuries (see paragraph 25) regarding the transfer of offenders who are at elevated risk for suicide/self-injury.
Paragraph 41 (old paragraph 39) was amended to ensure that an up-to-date psychological assessment is available when a Dangerous Offender is being considered for transfer to minimum security. As well, there was a need to be consistent with CD 705-7 and to clarify the issues to be examined in considering a reduction in security.
Finally, clarification has been provided regarding the requirement for a psychological assessment in the case of an offender serving a life sentence for murder when consideration is being given to transfer to medium security.
Paragraph 44 (old paragraph 42) was amended to reflect the organizational changes contained in GL 005-1. The Manager, Assessment and Intervention, and the Manager, Intensive Intervention Strategy, assume the duties of the Unit Manager and of the Team Leader (in women's institutions) respectively.
Paragraph 47 (old paragraph 45) was amended to ensure that when an inter-regional transfer is denied, a review of a transfer application to the same region does not have to be conducted more than once every six months unless there is new information.
Paragraph 67 (old paragraph 65), as well as other paragraphs, were amended to reflect the change in title from Regional Transfer Officer to Regional Transfer Coordinator.
In paragraph 72 (old paragraph 70), "advised in writing on a letter of notification" was replaced with the correct terminology "advised […] via the CSC Board Review/Decision".
In paragraph 73 (old paragraph 71), the "inter-regional transfer list" was replaced with the correct terminology, "National Inter-regional Transfer List".
The heading, "Transfers to a CSC Regional Health/Psychiatric Centre" was reworded as follows: "Transfers to and from a CSC Regional Health/Psychiatric Centre." The change was made due to the addition of paragraphs 89 to 92, mentioned below, regarding offenders who are at elevated risk for suicide/self-injury.
Old subparagraphs 86 d and e were deleted; it was not logical for the Institutional Head to send him or herself a copy of a rebuttal received from an offender. The new paragraph 88, which incorporates the substance of the old subparagraphs, requires the decision maker to review any rebuttal prior a final decision.
In keeping with the findings of a board of investigation into the death of an offender, new paragraph 89 incorporates the requirements of CD 843 - Prevention, Management and Response to Suicide and Self-Injuries, paragraph 27. The Action Plan from the same board of investigation directed that the Clinical Directors be involved in conferencing a case prior to a transfer to or from a treatment centre. As well, there is a requirement for the receiving institution to develop an interim plan for managing the offender within seven days of the case conference.
In new paragraph 90, the requirements for the transfer of an offender who is at risk for suicide or self-injury from a mental health facility with which the CSC has a contract are similar to those outlined above for transfers between CSC facilities.
According to new paragraph 91, an exception regarding the completion of an interim plan for the offenders referred to in paragraphs 89 and 90 will be made in the event of a transfer for urgent medical or security reasons.
New paragraph 92 introduces, in keeping with the Action Plan from a board of investigation into the death of an offender, the requirement to complete a Clinical Management Plan, as necessary, in the event of the transfer of an offender who is at risk for suicide or self-injury. The determination for the need for a Clinical Management Plan will be made by the Mental Health Team at the receiving facility within 14 days of the transfer. As well, when a transfer for urgent medical or security reasons proceeds under paragraph 91, the Mental Health Team is still required, within 14 days of the transfer, to review the need for a comprehensive plan for the offender.
Paragraph 100 (old paragraph 93) incorporates the current National Headquarters Distribution List for High Profile Memos.
In Annex A - Transfer of Offenders - Delegation of Authority and Timeframes for Decision, under Decision Maker for Intra-Regional Transfers, the footnote, "In addition, in the Quebec region, the head of the Regional Reception Centre has the delegated authority to sign warrants for intra-regional transfers", was deleted, as it was unnecessary.
The text in Annex A, under Decision Maker for Transfers to and from a CSC Healing Lodge, was amended to make it consistent with the section "Decision Maker for Inter-regional Transfers". Also, the requirement that the Healing Lodge Director must be willing to accept the offender was made explicit.
In Annex C - Content Guidelines - Assessment for Decision for Transfers, a new paragraph under Case Status/Update of progress since the last Correctional Plan Progress Report requires consultation with the mental health professional managing the case of an offender who has been identified as being at risk for suicide or self-injury and/or reference to the clinical management plan developed in accordance with paragraph 92 above.
A new Annex D - Procedures for Inter-Regional and International Transfers was produced as a result of the recommendations from two boards of investigation that guidelines on air transport of offenders be developed. The procedures were produced following consultation between the Institutional Reintegration Operations Division, Regional Transfer Coordinators, Regional Administrators, Reintegration, as well as Security, Regional Sentence Administrators, National Headquarters Security, and the Union of Canadian Correctional Officers.
In Annex D, the responsibilities of the staff of the Office of Primary Interest, the Institutional Reintegration Operations Division, and the regional and institutional staff, are outlined. The Institutional Reintegration Operations Division staff who are responsible for the transfers include the Director, the Manager, and the National Transfer Coordinator. Logistical, security and case documentation requirements are also identified, including the use of the Threat and Risk Assessment for security escort. Also, regional staff is to identify any requirement for a high risk escort, special medical escort or other special needs (e.g., obese offender requiring special restraints or offender with dietary needs). A determination will be made for medical assistance during the transfer.
Several paragraphs were amended to reflect the organizational changes contained in GL 005-1. The Manager, Assessment and Intervention, and the Manager, Intensive Intervention Strategy, assume the duties of the Unit Manager and of the Team Leader (in women's institutions) respectively.
Paragraph 50 was amended to emphasize the involvement of Elders, Aboriginal Liaison Officers (ALO) and Aboriginal Community Development Officers (ACDO) in the review of applications for temporary absences and work releases.
Paragraph 51 was amended to be consistent with the terminology in the National Parole Board Policy Manual regarding hearings for Aboriginal offenders.
New paragraph 78 addresses the issue raised by a board of investigation regarding medical Temporary Absences (TA). When there is a need to extend the time period for such a TA, a new decision and TA permit are required. The original permit will be coded as "on time" with an explanation provided under "Remarks" in the permit.
Paragraph 79 (old paragraph 78) was amended to clarify that the support of the Institutional Head is needed for a work release exceeding 60 days.
Old paragraph 103 has been deleted but elements have been incorporated in the new paragraph 106 under the new heading Coding of Temporary Absences and Work Release Permits Upon Cancellation or Completion (see new paragraphs 104-106). The change was made as a result of a board of investigation recommendation that the definitions and the usage of Cancellation Codes versus Completion Codes be clarified.
New paragraph 104 (old paragraph 111) clarifies that except for group escorted temporary absences (ETA), the Cancellation Reason Table, now added as Annex H, is to be used to cancel a permit prior to the start of the release.
New paragraph 105 clarifies that completion code 04 - "did not participate", from Annex G, is to be used when the TA is cancelled before commencement for an offender who has been approved to participate in a group ETA.
New paragraph 106 (old paragraph 103) describes the procedure for closing off a TA permit, using the codes from the new Annex H, if an offender-specific temporary absence or work release is cancelled.
New paragraph 113 (old paragraph 110) was amended to reflect the proper cross-reference to CD 715-4 - Community Assessments.
Paragraph 170 (old paragraph 168) incorporates the current National Headquarters Distribution List for High Profile Memos.
In Annex G - Completion Codes and Definitions for Temporary Absences and Work Releases, Code 04 - "Did not participate" has been amended in French to reflect the term used in the Completion Code Table in the Offender Management System (OMS).
In Annex G, the description of Code 05 - Extension has been amended. It now indicates that an extension of the time of return specified in the permit will normally be authorized prior to the offender's return to the institution. However, when the offender is late for reasons beyond his or her control, the officer-in-charge or Parole Officer has more discretion to record the TA as a success.
A new Annex H - Cancellation Reason Table for Temporary Absences and Work Releases has been added as a result of a board of investigation recommendation that the definitions and the usage of Cancellation Codes versus Completion Codes be clarified. This table was already available in OMS. The new code "Transferred/released" has been added to the OMS table.
A requirement was added to paragraph 5 in regard to the determination of an offender's security level. The old paragraph indicated that the Institutional Head's decision-making authority could be delegated to the Deputy Warden except where the security classification was related to a transfer or involved offenders serving a life sentence for first or second degree murder who are currently classified as maximum security and who were being considered for transfer to medium security. For the sake of consistency with CD 705-7, offenders convicted of a terrorism offence punishable by life and who are being considered for transfer to medium security have been included as an exception. Also, the policy clarifies that the security level review that applies to this paragraph is the first review required under paragraph 25.
New paragraph 7 was added to be consistent with CD 705-7 in regard to the authority of the ACCOP to determine the security classification of offenders serving a life sentence for first or second degree murder, or offenders convicted of a terrorism offence punishable by life who are currently classified as maximum security and who are being considered for transfer to medium security prior to the first review required under paragraph 25.
New paragraph 8 indicates that when the classification of a Dangerous Offender to minimum security is being considered, the ACCOP is the decision maker when there is disagreement between the Institutional Head and the RDC.
To be consistent with CD 705-7, a requirement was added to paragraph 9 (old paragraph 7) regarding the documentation by the decision maker of the ratings in relation to institutional adjustment, escape risk and public safety, and of any divergence from the recommended ratings, in every offender security classification final decision. It reflects the role of the ACCOP in certain decisions relating to the security classification of Dangerous Offenders and offenders serving a life sentence.
Old paragraph 11 (new paragraph 13) was amended to indicate that the institutional Parole Officer/Primary Worker is responsible for all security classification reviews, not just the annual ones.
Old paragraph 12 (new paragraph 14) was amended for brevity.
A new heading, "Offenders Subject to a Dangerous Offender Designation" was added after paragraph 15 (old paragraph 13).
New paragraphs 16-21 outline the decision-making process for the proposed security classification of a Dangerous Offender to minimum security.
Old paragraph 20 was deleted due to duplication with old paragraph 12 (new paragraph 14).
Paragraph 25 (old paragraph 17) clarifies the security level review period for offenders serving a life sentence for first or second degree murder or convicted of a terrorism offence punishable by life.
Subparagraph 32 d (old paragraph 25) adds the requirement, in keeping with the amendment to section 17 of the CCRR, to take into consideration a Dangerous Offender designation when reviewing an offender's security classification.
In Annex A - Content Guidelines for Security Reclassification Assessment for Decision, under the heading Public Safety Factors, Violent Incidents, point a on the history of violent behaviour was amended to ensure that a Dangerous Offender designation is taken into consideration.
In Annex A, under Public Safety Factors, Psychological Concerns, there was an amendment regarding psychological or psychiatric assessments to ensure consistency with CD 705-7 -Security Classification and Penitentiary Placement.
In Annex A, under Public Safety Factors, Other Public Safety Concerns, point d on notoriety was amended to incorporate the content of a Case Management Bulletin on Review of Offender Security Classification - Application of Notoriety and Public Reaction in Relation to Public Safety (2008-05-13). "Terrorism" was added to the possible reasons for notoriety.
Cross-references were added to ensure better integration of health services related requirements. They include: CD 800 - Health Services; Discharge Planning Guidelines: A Client-Centred Approach; and Specific Guidelines for the Treatment of Opiate Dependence (Methadone/Suboxone). The latter document replaces the outdated "Specific Guidelines for Methadone Maintenance Treatment".
Paragraph 12 was amended to emphasize the involvement of the Elder, the ALO and the ACDO in release planning.
Paragraph 42 c, regarding confirmation of an offender's health care needs at release, was amended to remove the reference to a two-week supply of medication. There is already a requirement to provide "adequate medication" and individual needs for medication varies.
Paragraph 70 was amended to reflect the change in title from Area Manager to Area Director.
Paragraph 80 incorporates the current National Headquarters Distribution List for High Profile Memos.
In Annex C, Content Guidelines for Casework Record - Pre-Release to Record Teleconference Between Institutional and Community Parole Officers, two subparagraphs were amended. In subparagraph vi, the reference to a two-week supply of medication was removed. Subparagraph viii now specifies that a prescription of methadone at release is provided only "if required". Normally, an appointment with a community provider is arranged beforehand, thus negating the need to issue the medication.
The CDs clearly outline all related accountabilities.
Dave Connor, Director
Institutional Reintegration Operations