Interim Policy Bulletin 649
Interim Policy Bulletin
In Effect: 2019-11-30
Policy numbers and titles:
Why were the policies changed?
On June 21, 2019, Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act, received Royal Assent. The amendments to the Corrections and Conditional Release Act (the Act) are now in effect, and the corresponding changes to policy are addressed in this bulletin. The Act eliminates the use of administrative and disciplinary segregation and introduces Structured Intervention Units (SIU) for inmates who cannot be safely managed in the mainstream inmate population.
As a result of the elimination of administrative and disciplinary segregation, Commissioner’s Directive (CD) 709 – Administrative Segregation and Guidelines (GL) 709-1 – Administrative Segregation Guidelines have been revoked. All links and references to CD 709 and GL 709-1 in all other policies are no longer valid.
A new Commissioner's Directive (CD 711) and two new Guidelines (GL 711-1 and GL 711-2) have been developed to provide detailed policy direction for the transfer of inmates to and from a SIU, the management and engagement of inmates confined in a SIU and the health services that will be provided to inmates in an SIU. These new policy instruments also apply to inmates who are subject to restricted movement.
In addition to the new CD and GLs, the amendments highlighted below are in effect immediately, and will be reflected, along with the relevent links, in the applicable CDs and GLs at a later date.
Following the implementation of the SIUs, policies impacted by the amended legislation will be reviewed to determine whether clarification or other policy direction is required. As such, there is an opportunity for staff and stakeholders to provide further input.
Comments can be sent to:
Strategic Policy DivisionPolicy-Politiques.GEN-NHQ@csc-scc.gc.ca
Roles and Responsibilities Related to the Institutional Management Structure – GL 005-1
Roles and responsibilities of staff for the management and engagement of inmates in an SIU and those who are subject to restricted movement, including the SIU Review Committee, are identified in CD 711, GL 711-1 and GL 711-2.
Information Sharing and Provision of Support Services Associated with Coroner’s/Medical Examiner’s Death Investigations or Inquests/Inquiries – GL 048-1
Information provided to Coroners/Medical Examiners may now include, if applicable, information on the SIU, and confinement in SIU information, as it relates to the location of the inmate’s death.
Offender Complaints and Grievances Collection – CD 081
The Institutional Head will ensure that complaints and grievances submitted by inmates in an SIU and those subject to restricted movement are collected and reviewed daily.
Inform Inmate of Grievance Process in SIU – CD 081
Upon transfer to an SIU, or when subject to restricted movement, inmates must be informed that they have the right to submit a grievance about the decision to transfer them to an SIU, or about being subject to restricted movement.
SIU Offender Complaint and Grievance Level – GL 081-1
Grievances regarding the decision to transfer an inmate to a SIU should automatically be initiated at the national level.
New Grievance Codes for SIU – GL 081-1
A new grievance code (01E/Structured Intervention Unit) has been introduced in Annex B of GL 081-1. This new code should be used when a complaint or grievance is submitted about :
- any decision to transfer – or not – an inmate to an SIU or to place an inmate on restricted movement
- any decisions related to reviews or conditions of confinement
- any concerns with access to interventions, programming, daily visits by a registered health care professional, or time outside of cell.
Decisions made by Independent External Decision Makers (IEDM) do not fall under the jurisdiction of the Commissioner of the CSC. If a grievance is submitted regarding an IEDM, this should be recorded under code 21 (Non Grievable Subject Matters). More specifically, there is a subcode under code 21 entitled "Independent External Decision Maker’s decision (SIU)" which should be used in this context.
Composition of Inmate Committees – CD 083
The composition of the Inmate Committee should be reflective of the inmate population and should represent all inmates, including those in SIUs and Secure Units in women's sites.
Meetings with Inmates in SIU – CD 083
Policy directs the Chair or Vice-Chair of the Inmate Committee to meet with inmates in an SIU and with those who are subject to restricted movement.
As well, inmates in an SIU or subject to restricted movement who wish to meet with the Chair or Vice-Chair of the Inmate Committee should normally submit a written request to the SIU Correctional Manager or to the Unit Correctional Manager for approval.
The Chair or Vice-Chair of the Inmate Committee will not be authorized to meet with inmates who are confined in the SIU for the purpose of an investigation without the written permission of the Institutional Head or their delegate.
Frisk Search – CD 083
The Chair or Vice-Chair of the Inmate Committee will, upon their arrival and departure from the SIU, submit to a frisk search as outlined in CD 566-7 – Searching of Offenders.
Legal Counsel Rights – CD 084
Policy directs that, following a transfer to an SIU, or upon placement on restricted movement, inmates must be informed of their right to legal counsel. Without delay, they must also be given reasonable opportunity to retain and instruct legal counsel by telephone in a private area outside their cell.
Policy also directs that an inmate be informed of their right to legal counsel to attend the SIU Review Committee and to make representations on their behalf.
Claims Administration Instructions – GL 234-1
Annex D will add a reference related to the factors supporting the acceptance of a claim when an inmate is confined in an SIU and where the Service did not follow the procedures stated in a Commissioner's Directive or related directions for packing, listing and removal (as applicable) of the inmate's personal effects.
Access to Tobacco and Ignition Sources – CD 259
The Institutional Head will ensure that the Standing Order will indicate that inmates, including those in the SIU or on restricted movement, have access to tobacco and ignition sources for personal smudging in individual cells, rooms, and common areas.
Double Bunking in SIU – CD 550
Double Bunking in an SIU will only be used in exceptional circumstances when no other options are available. When double bunking occurs in an SIU, the Regional Deputy Commissioner will:
- submit for approval, on a monthly basis, to the Assistant Commissioner, Corporate Services, and the Assistant Commissioner, Correctional Operations and Programs, and
- immediately report via email to the Assistant Commissioner, Correctional Operations and Programs
Visits in SIU – CD 559
The process for visits for inmates confined in an SIU will follow the same policy direction as for other inmates.
Staff Protocol in Women Offender Institutions – CD 577
Security Patrols after Curfew – CD 577
After curfew (or 2300 hours, whichever is earlier), until at least 0700 hours, all male staff will be within sight of a female staff (camera or direct observation) at all times when conducting security patrols in the Secure Unit or in the SIU.
Security Patrols During Curfew – CD 577
Except during curfew hours, all staff will announce their entry into the living units, Secure Unit ranges and SIU ranges to avoid potential exposure to nudity or other situations where the inmate’s privacy and dignity could be compromised.
Living Unit Definition – CD 577
In Annex A, SIU will not be included in the living unit definition.
Serious Incidents Involving Staff – CD 600
A serious incident is one that results in death or serious injury to a staff member through an act of violence. In all such instances in an SIU, a manager will be posted in the SIU area to supervise activities as soon as reasonably possible until the Institutional Head deems it no longer required.
The Health Manager will visit the SIU and those inmates on restricted movement at least once a week and, if a health care related issue should arise, a written briefing will be provided to the Institutional Head. The health care staff will also make periodic visits to all other areas of the institution to verify the physical and mental well-being of the inmates.
Correctional Planning and Criminal Profile – CD 705-6
Annex C (Criminal Risk Index ) and Annex D (Static Factors Assessment) will continue to include the indicator for disciplinary segregation periods that occurred prior to the implementation of SIU and/or during periods of provincial custody.
Security Classification and Penitentiary Placement – CD 705-7
In Annex E, periods in disciplinary and administrative segregation prior to the implementation of the SIUs will continue to be considered as part of the assessment of the inmate’s Institutional Adjustment.
Transfers to an SIU will also be considered as part of the assessment of the inmate’s Institutional Adjustment .
Classification of Institutions – CD 706
Living Unit Definition
In Annex A, SIU will not be included in the living unit definition.
Special Handling Unit – CD 708
Under Step 2 – Assessment, the reference to the Institutional Review Board will be removed. As such, the initial assessment of the inmate against the SHU criteria will be conducted via the Correctional Intervention Board.
There will be an SIU at the SHU. An inmate at the SHU must only be transferred to the SIU when it is determined that the legislative criteria for transfer to the SIU are met.
In Annex C, the report outline of the Assessment for Decision for maintaining an inmate at the SHU will indicate if the inmate has been confined in the SIU at the SHU.
Administrative Segregation – CD 709
This policy is revoked.
Administrative Segregation Guidelines – GL 709-1
This Guideline is revoked.
Transfer of Inmates – CD 710-2
Inmate Transfer Processes – GL 710-2-3
Movement Within Clustered/Multi-Level Institutions – GL 710-2-4
Policy direction to transfer an inmate to an SIU is in accordance with CD 711 and GL 711-1 and GL 711-2.
Immediate Movement – GL 710-2-4
When it is determined necessary to immediately move an inmate for security reasons or the safety of the inmate or any other person, the inmate will be confined in an SIU or be subject to restricted movement, when the legislative criteria for such are met.
Review Process After an Immediate Movement – GL 710-2-4
The review process of inmates confined in an SIU and placed on restricted movement is in accordance with CD 711 and GL 711-1 and GL 711-2.
Process for Private Family Visits in SIU – CD 710-8
The process for private family visit requests from inmates confined in an SIU will follow the same policy direction as for other inmates.
National Correctional Programs, Referral and Management – CD 726, GL 726-2, and GL 726‑3
Impacts to these policy instruments are addressed and incorporated in CD 711.
Inmate Pay Review – CD 730
The reference to "segregation for disciplinary reasons" in current paragraph 27 will be removed.
In paragraph 61, "segregation" will be replaced by "SIU".
The paragraphs 62 and 63 under "Segregation for Disciplinary Reasons" no longer apply.
In paragraphs 64 and 65, "administrative segregation" will be replaced with SIU.
Inmate pay reviews for inmates confined in an SIU should continue to occur at least once every six months, and the process will be the same as outlined in CD 730.
Inmate Pay Levels – Annex B, CD 730
Paragraph 1(e) will be changed to read: have not been placed in a specialized unit (such as a Special Handling Unit or SIU).
Paragraph 3 will be replaced to read:
An allowance of $2.50 will automatically be awarded to inmates who have authorized absences from the interventions identified in their Correctional Plan while in the SIU or who are unable to participate for reasons beyond their control. Authorized absences may include, but are not limited to, authorized sick leave, planned absences for approved religious reasons, private family visits, or temporary absences. Reasons beyond the inmate’s control may include, but are not limited to unemployment, temporary absences, institutional orientation, or the intake assessment process.
Paragraph 4 will be replaced to read:
A basic allowance of $1 will be awarded to inmates who refuse to participate in all interventions identified in their Correctional Plan while in the SIU.
Social Programs and Leisure Activities – CD 760
Impacts to Social Programs in the SIU are addressed and incorporated in CD 711.
Victim Engagement – CD 784
In Annex C, the Case Management Events "Penitentiary Placement" and "Transfer" will now refer to the amended tool Victim notification requirements related to "Penitentiary Placement" and "Transfer of Offenders."
Intellectual Disability – GL 800-10
If an inmate diagnosed with an intellectual disability is being considered for a transfer to a Structured Intervention Unit or restricted movement, they must be assessed in accordance with the guidelines on health consultation and assessment for SIU/restricted movement pursuant to the Integrated Mental Health Guidelines, as is the case with all inmates.
Interventions to Preserve Life and Prevent Serious Bodily Harm – CD 843
The Immediate Needs Checklist – Suicide Risk (CSC/SCC 1433e) will be used upon confinement of inmates in an SIU or subject to restricted movement.
How were they developed?
Amendments to all policies were developed by the Structured Intervention Unit team, in consultation with various NHQ sectors, including the Strategic Policy Sector.
Who will be affected by the policies?
These amendments apply to all staff who were involved in the segregation process and all staff responsible for the transfer of inmates to and from an SIU, and the management and engagement of inmates confined in an SIU and those subject to restricted movement.
Original signed by:
Policy Framework Impacts
This list may not be exhaustive.
GL 005-1 - Institutional Management Structure: Roles and Responsibilities
GL 048-1 - Information Sharing and Provision of Support Services Associated with Coroner’s/Medical Examiner’s Death Investigations or Inquests/Inquiries
CD 081 - Offender Complaints and Grievances
GL 081-1 - Offender Complaint and Grievance Process
CD 083 - Inmate Committees
CD 084 - Inmates’ Access to Legal Assistance and the Police
GL 234-1 - Claims Administration Instructions
CD 259 - Exposure to Second-Hand Smoke
CD 550 - Inmate Accommodation
CD 559 - Visits
CD 566-4 - Counts and Security Patrols
CD 566-7 - Searching of Offenders
CD 577 - Staff Protocol in Women Offender Institutions
CD 578 - Intensive Intervention Strategy In Women’s Institutions
CD 600 - Management of Emergencies in Operational Units
CD 705-6 - Correctional Planning and Criminal Profile
CD 705-7 - Security Classification and Penitentiary Placement
CD 706 - Classification of Institutions
CD 708 - Special Handling Unit
CD 709 - Administrative Segregation
GL 709-1 - Administrative Segregation Guidelines
CD 710-2 - Transfer of Inmates
GL 710-2-3 - Inmate Transfer Processes
GL 710-2-4 - Movement Within Clustered/Multi-Level Institutions
CD 710-6 - Review of Inmate Security Classification
CD 710-8 - Private Family Visits
CD 711 - Structured Intervention Units
GL 711-1 - SIU Transfer Procedures – SIU Sites
GL 711-2 - SIU Transfer Procedures – Non-SIU Sites
CD 726 - Correctional Programs
GL 726-2 - National Correctional Program Referral Guidelines
GL 726-3 - National Correctional Program Management Guidelines
CD 730 - Offender Program Assignments and Inmate Payments
CD 760 - Social Programs and Leisure Activities
CD 784 - Victim Engagement
GL 800-10 - Intellectual Disability
CD 843 - Interventions to Preserve Life and Prevent Serious Bodily Harm
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