Policy Bulletin 504

Why were the policies changed?

These policies have been revised or created to comply with the Victims Bill of Rights Act (Bill C-32), which creates the Canadian Victims Bill of Rights (CVBR) and amends certain provisions of the Corrections and Conditional Release Act (CCRA), as well as the Criminal Code and other laws, with a coming into force date of July 23, 2015.

In addition to the changes related to Bill C 32, other policy changes were incorporated where relevant.

Changes have also been made to assist Parole Officers, Correctional Officers II, and Primary Workers by providing a quick overview of case management duties (Responsibility Matrix); to reflect RHQ governance changes; and to modify the timeframe to complete a Casework Record.

What is new/changed?

The following details the major changes to the policies:

700 – Correctional Interventions

In paragraph 3, the Assistant Deputy Commissioner, Institutional Operations, was changed to the Assistant Deputy Commissioner, Correctional Operations.

In paragraph 16d.iii, the timeframe to complete the Casework Record was changed from “no later than seven days” to “no later than five working days” in order to ensure consistency in completion timeframes.

In paragraphs 19a and 20c, “victim” references were added.

The Responsibility Matrix – Case Management in Institutions is being reintroduced into the CD as Annex B.

710-1 – Progress Against the Correctional Plan

References to the new subsection 134.1(2.1) of the CCRA resulting from the CVBR have been added when referring to victim statements.

Paragraphs 5 and 6 have been revised to reflect CSC’s Clustered Sites Initiative.

In paragraph 11, the timeframe to complete the Casework Record was changed from “no later than seven working days” to “no later than five working days” in order to ensure consistency in completion timeframes.

710-3 – Temporary Absences

Paragraph 20(c) of the CVBR has been added to the Authorities section.

Paragraph 30 has been revised to reflect CSC’s Clustered Sites Initiative.

In order to meet the 14-day victim notification timeframe required by the CVBR, the timeframe for the Parole Officer to perform the tasks outlined in paragraph 37 has been changed from five days to 18 days before the inmate is released on an unescorted temporary absence.

In Annex A, the “Victim Statement” definition has been revised to include the new subsection 134.1(2.1) of the CCRA.

In Annex E, reference to the Community Correctional Liaison Officer (CCLO) position was removed as a result of the sunset of the CCLO program on March 31, 2015.

712-1 – Pre-Release Decision Making

Reference to CCRA subsection 134.1(2.1) was added to the Authorities section, as well as in the body of the CD, where applicable, in reference to the definition of victim statement.

The definition of “Victim statement” was modified to include reference to the new CCRA subsection 134.1(2.1).

In paragraph 28, the requirement to complete the Assessment for Decision was clarified.

In paragraph 65, the timeframe to make a decision on early discretionary release was changed from 15 to 20 days for inmates with a “victim notification required flag” pursuant to notification timeframes in CD 784.

In Annex E, the timeframe for the duration of residency conditions for LTSO cases has been amended to 365 days, to reflect revised Parole Board of Canada (PBC) policies. The new CCRA subsection 134.1(2.1) was added in relation to victim statements.

712-5 – Pre-Release Case Preparation for Provincial/Territorial Offenders and Federal Offenders Incarcerated in Provincial/ Territorial Facilities

References to CCRA section 133 and subsection 134.1(2.1) were added to the Authorities section, as well as in the body of the CD, where applicable, in reference to the definition of victim statement.

The definition of “Victim statement” was modified to include reference to the new CCRA subsection 134.1(2.1).

Reference to the CCLO position in paragraph 23 was removed as a result of the sunset of the CCLO program on March 31, 2015.

Paragraph 31g was modified to reflect the notification to the Victim Services Unit, as per section 26 of the CCRA.

In Annex D, the timeframe for the duration of residency conditions for LTSO cases has been amended to 365 days, to reflect revised PBC policies. The new CCRA subsection 134.1(2.1) was added in relation to victim statements.

715-1 – Community Supervision

As an interim policy direction, the timeframe to complete the Casework Record has been changed from “within seven days” to “within five working days”. This modification (paragraph 34) will be made to the CD at a later date.

715-2 – Post-Release Decision Process

For consistency purposes throughout CSC case management policies, responsibilities have been added to the Parole Officer to ensure that information is provided to the Victim Services Unit, as outlined in Annex D of CD 784 – Victim Engagement and to address the imposition of conditions to protect the victim pursuant to subsection 133(3.1) of the CCRA.

In paragraph 6d, the timeframe for the Parole Officer to share documentation with the PBC is changed from four weeks to six weeks prior to the expiration of day parole for offenders not serving a life or indeterminate sentence. An earlier submission will provide the Board with an opportunity to make a decision more than 14 days prior to the expiration of day parole.

Paragraphs 24 and 38 were removed as warrants and cancellation orders no longer need to be submitted by CSC to PBC for decision-making purposes.

As a result of the sunset of the CCLO Program on March 31, 2015, the policy now stipulates that cases of offenders unlawfully at large may be referred to the Security Intelligence Officer, rather than the CCLO.

In Annex A, the “Victim statement” definition has been revised to include the new subsection 134.1(2.1) of the CCRA.

In Annex B, the timeframe for the duration of residency conditions for LTSO cases has been amended to 365 days to reflect revised PBC policies. The new CCRA subsection 134.1(2.1) was added in relation to victim statements.

719 – Long-Term Supervision Orders

For consistency purposes throughout CSC case management policies, a responsibility has been added indicating that the Parole Officer will ensure information pursuant to section 26 of the CCRA is provided to the Victim Services Unit (as outlined in Annex D of CD 784 – Victim Engagement).

A new paragraph 10 has been added to reflect the new subsection 134.1(2.1) of the CCRA, resulting from the CVBR, regarding the imposition of conditions to protect the victim in the case of offenders subject to a long-term supervision order (LTSO).

Paragraph 16 was modified to reflect that the Correctional Plan Update will no longer need to be shared with the PBC if CSC does not submit a subsequent recommendation to prolong a residency condition.

The timeframe for review of residency conditions for LTSO cases has been amended to 365 days to reflect revised PBC policies.

As a result of the sunset of the CCLO Program on March 31, 2015, the policy now stipulates that cases of offenders unlawfully at large may be referred to the Security Intelligence Officer, rather than the CCLO.

Paragraph 26 was removed as warrants no longer need to be submitted by CSC to PBC for decision-making purposes.

Paragraph 36 was corrected to specify that a non-custodial sentence is served concurrently with the LTSO and does not interrupt the “order”, rather than the “sentence”.

In paragraph 40, the reference to CD 705 – Intake Assessment Process and Correctional Plan Framework was replaced with CD 705 6 – Correctional Planning and Criminal Profile.

Paragraph 67 has been revised to incorporate Policy Bulletin 457 on High Profile Offenders.

Definitions for “victim information” and “victim statement” have been added to Annex A.

In Annex B, the timeframe for the duration of residency conditions for LTSO cases has been amended to 365 days to reflect revised PBC policies. The new CCRA subsection 134.1(2.1) was added in relation to victim statements.

784 – Victim Engagement

The CD is now entitled “Victim Engagement” to reflect the intent of the CVBR, which encompasses more than the sharing of information between victims and CSC.

The following provisions have been added to the “Authorities” section of the CD: the CVBR; the new section 26.1 of the CCRA regarding the requirement to provide registered victims with information about CSC’s restorative justice programs and victim-offender mediation services; the Immigration and Refugee Protection Act, which is mentioned in the revised subparagraph 26(1)(b)(v) of the CCRA.

The “Purpose” section now focuses on victim engagement to reflect the intent of the CVBR.

The following amendments have been made to the “Responsibilities” section:

The role of the Assistant Commissioner, Communications and Engagement (ACCE), has been expanded to ensure the engagement of victims within CSC and to grant him/her with the authority to develop protocols that must be followed.

The Regional Deputy Commissioners’ responsibilities have been reworded to clarify that they are responsible for the delivery of services to victims (while the ACCE provides “functional” supervision of victim services).

The title of Manager, Victim Services, has been replaced with National Manager, Restorative Justice and Victim Services, to reflect the reorganization within the Citizen Engagement Branch at NHQ.

The title of National Duty Officer has been replaced with National Monitoring Centre Supervisor.

Two paragraphs have been added under the responsibilities of the Institutional Head/District Director:

• ensure that decision sheets provide a rationale when not imposing a condition to protect the victim on an offender’s unescorted temporary absence (CSC authority) in cases where the victim has submitted a statement pursuant to subsection 133(3.1) of the CCRA
• ensure that information regarding CSC’s victim services and restorative justice programs/victim-offender mediation services is available within operational units.

A sentence has been added under the responsibilities of Regional Victim Services Managers and Victim Services Officers (VSO) to ensure that they perform their duties in compliance with the protocols issued by the ACCE and following the Canadian Statement of Basic Principles of Justice for Victims of Crime, 2003.

The VSO role has been adjusted to meet the requirements of the CVBR.

In the “Procedures” section, some of the information has been removed to avoid a repetition of the VSO responsibilities outlined in the previous section.

A new paragraph 19 has been added to address any concerns with respect to the sharing of information regarding releases with the victim, which is now mandatory, if it is believed that the disclosure could have a negative impact on the safety of the public.

The section which was previously entitled “Gathering and Sharing Victim-Related Information with Offenders” was split in two in order to separate victim information gathering from the sharing of information with offenders.

In Annex A, some cross-references have been added. As well, the definition of “representative (or agent)” has been revised to reflect the CVBR, and a definition has been added to reflect the “eligibility criteria” outlined in the CCRA.

Major amendments have also been made to Annexes B and C to reflect the content of the CVBR and the resulting amendments to the CCRA.

With regard to Annex D, major amendments include the following:

• Timeframes for notification of release events have been amended to reflect the new legislative requirement to advise the victim at least 14 days prior to releases (unless not practicable to do so).
• All changes in conditional releases have been grouped into one event.
• A new event entitled “Change in Custodial Authority” has been added to address transfers to provincial/territorial or Canada Border Services Agency (CBSA) custody and arrests without warrant.
• A new event entitled “Deportation/ Removal from Canada” has been added to reflect the revised subparagraph 26(1)(b)(v) of the CCRA.
• The event entitled “Change in Sentence Dates” has been replaced with “Change in Sentence Information” to include new convictions that do not result in sentence calculation changes.
• The events related to inmate transfers have been reworded to clarify that they include women offender institutions.

785 – Restorative Opportunities Program and Victim-Offender Mediation Services and 785-1 – Restorative Opportunities Program Protocols

The following provisions have been added to the “Authorities” section of the CD: the CVBR and the new section 26.1 of the CCRA regarding the requirement to provide registered victims with information about CSC’s restorative justice programs and its victim-offender mediation services.

A responsibility has been added to provide the ACCE with the authority to develop guidelines that must be followed.

Two paragraphs have been added to include the new responsibilities of the Institutional Head/District Director:

• facilitate the entry of victims participating in the Restorative Opportunities Program for all victim-offender mediations held at the site
• ensure that information regarding the CSC’s victim-offender mediation services is available within operational units.

The title of the Director, Restorative Justice Division, has been replaced with National Manager, Restorative Justice and Victim Services Division, to reflect the reorganization within the Citizen Engagement Branch at NHQ, and a responsibility has been added to this position to ensure compliance with the above-mentioned new section 26.1 of the CCRA.

A responsibility has been added for Parole Officers, requiring that they refer to the new Guidelines 785-1 – Restorative Opportunities Program Protocols when recommending special conditions that include no direct or indirect contact conditions with victims to ensure that victim-offender mediation services remain accessible upon a victim’s request.

Requests for victim-offender mediation services and communication between victim and offender are to be directed to the Restorative Justice Unit by Parole Officers and other CSC staff and contracted services providers. The Manager, Assessement and Interventions, is now responsible for ensuring these requests are sent to the Restorative Justice Unit.

A section on “Risk Management” has been added.

In Annex A, the cross-references have been updated and the definitions have been reworded to clarify that victim referrals, institutional referrals and community referrals include any requests for communication between a victim and an offender.

New Guidelines 785-1 – Restorative Opportunities Program Protocols have been issued to provide guidance on the Restorative Opportunities Program and its victim-offender mediation services.

786 – Victim Complaints

CD 786 has been created in response to section 25 of the CVBR, which stipulates the following:

25. (1) Every victim who is of the opinion that any of their rights under this Act have been infringed or denied by a federal department, agency or body has the right to file a complaint in accordance with its complaints mechanism.

(2) Every victim who has exhausted their recourse under the complaints mechanism and who is not satisfied with the response of the federal department, agency or body may file a complaint with any authority that has jurisdiction to review complaints in relation to that department, agency or body.

(3) Every federal department, agency or body that is involved in the criminal justice system must have a complaints mechanism that provides for

(a) a review of complaints involving alleged infringements or denials of rights under this Act;

(b) the power to make recommendations to remedy such infringements and denials; and

(c) the obligation to notify victims of the result of those reviews and of the recommendations, if any were made.

How were they developed?

These amendments result from discussions held between Victim Services, Reintegration Operations and Legal Services, in collaboration with the Strategic Policy Division. National consultation was conducted for CDs 784, 785 and 786 as well as GL 785-1. For the relevant case management CDs, there was consultation with the Parole Board of Canada.

With regards to changes relevant to CD 700, 710-1 and 715-1, consultation occurred with the Regional Deputy Commissioners, the Union of Canadian Correctional Officers, and the Union of Solicitor General Employees.

Accountabilities?

Roles and responsibilities are detailed in the policy document.

Who will be affected by the policies?

Staff involved in the provision of services to victims, case management staff and release decision-makers.

Also, all CSC staff and contracted service providers who may be involved in matters relating to restorative justice.

Other impacts?

CD 784 and relevant case management policies will be revised again on the date of coming into force (to be fixed by order of the Governor in Council) of the Victims Bill of Rights Act’s provisions amending the CCRA in relation to provisions relative to removing or modifying a condition which was imposed to protect the victim, the sharing of Correctional Plan information with victims and providing them with access to an offender’s photograph.

Expected cost?

None.

Contact:

• Liz Smith, A/Director
• Reintegration Operations
• Correctional Operations and Programs
• 613-996-3622
• Elizabeth.Smith@csc-scc.gc.ca

• Tania Petrellis, National Manager
• Restorative Justice and Victim Services
• Communications and Engagement Sector
• 613-947-6434
• Tania.Petrellis@csc-scc.gc.ca

Commissioner,

Original Signed by:

Don Head