Commissioner's Directive

Sentence Management

PURPOSE

  • To establish the framework for the management of court ordered sentences and long-term supervision orders for offenders under federal jurisdiction ensuring the lawful admission, detention and release of such individuals

APPLICATION

Applies to staff responsible for the administration of offender sentences and long-term supervision orders

RESPONSIBILITIES

  1. The National Manager, Sentence Management, will:
    1. ensure sentences and court orders are administered in compliance with the law and in a consistent manner through the application of professional judgement and actuarial tools to justify, support and explain decisions or recommendations
    2. manage extradition procedures for offenders under federal jurisdiction.
  2. The Regional Manager, Sentence Management, will provide operational direction and support to staff within the region, and evaluate service delivery once per year to ensure its effectiveness.
  3. The Chief, Sentence Management, will:
    1. verify sentence structure throughout the offender’s sentence, from admission to warrant expiry and/or long-term supervision end date
    2. determine jurisdictional authority and authorize the admission and release of offenders at appropriate points throughout their sentence, including offenders subject to provincial/ territorial exchange of service agreements
    3. ensure information is provided to the Victim Services Unit as per CD 784 – Victim Engagement.
  4. The Sentence Management Officer will:
    1. structure offender sentences and determine conditional release eligibilities and long-term supervision end dates for each offender on his/her assigned caseload
    2. identify and resolve inconsistencies between warrants of committal, transcripts and other court issued documents
    3. provide institutional sentence management services for his/her physical locale
    4. ensure information is provided to the Victim Services Unit as per CD 784 – Victim Engagement.

PROCEDURES

Offender Names

  1. The name on the warrant of committal containing the sentence that brings the offender under federal jurisdiction is the name used to identify the offender.
  2. If the name on the warrant of committal is a known alias for the offender, the flag for "Serving Sentence Under Alias" will be set in the electronic sentence management file in the Offender Management System (OMS).
  3. All other names and spellings will be reported as aliases.
  4. The offender’s name may be changed by Sentence Management when:
    1. the offender requests in writing that he/she be known by his/her legal name and sufficient documentation is presented, or
    2. a court document is produced verifying that a legal name change has occurred, or
    3. CSC becomes aware that the offender has changed his/her legal name to avoid detection from criminal justice partners.
  5. If a name change occurs, the assigned Sentence Management Officer will confirm that:
    1. the former name is noted as an alias
    2. the change of name is recorded in the electronic sentence management file in OMS
    3. all record holders/file registries, including the Parole Board of Canada and the regional Victim Services Unit, are notified of the name change
    4. the documents are placed on the sentence management file.

Fingerprint Section Number

  1. The Fingerprint Section number assigned to each offender by the RCMP will be the standard offender identifier for CSC and will be used in all communication within CSC and with external criminal justice partners.

Newly Sentenced Offender

  1. Within three working days following notification of a newly sentenced offender, the Chief, Sentence Management, will:
    1. determine jurisdictional authority by reviewing court issued documentation to ensure it meets legal requirements, pertains to the individual offender and is issued in accordance with criminal legislation
    2. identify offenders who are subject to dual status
    3. authorize the admission of the offender to federal custody
    4. initiate the Sentence Management module in the electronic sentence management file in OMS
    5. assign the case to a Sentence Management Officer.
  2. Within five working days of the pre-authorized admission of the offender, the Chief, Sentence Management, will conduct a Canadian Police Information Centre (CPIC) check to determine the existence of any outstanding charges or other issues related to the offender.
  3. Upon receipt of an offender on his/her caseload, the Sentence Management Officer will:
    1. ensure the offender’s tombstone information is entered/updated for:
      1. name
      2. Fingerprint Section number (if available)
      3. date of birth
      4. sex
      5. remand status information
      6. sex offender registration information
      7. citizenship
      8. place of birth.
  4. The assigned Sentence Management Officer will:
    1. if the offender's place of birth was outside of Canada:
      1. advise Canada Border Services Agency of the offender's arrival at a federal institution
      2. request Canada Border Services Agency to determine the offender's citizenship status in Canada
      3. monitor the immigration enforcement process through regular contact with Canada Border Services Agency
    2. identify :
      1. unescorted temporary absence authority
      2. whether the offender is serving a sentence for Schedule I or II offences
      3. entitlement to judicial review
      4. entitlement to Accelerated Parole Review
      5. parole restrictions
      6. terrorism offences
      7. criminal organization offences
      8. sex offence involving a child offences
      9. dangerous offender
      10. long-term offender
      11. sentence/conviction under appeal
    3. identify and report in OMS pre-trial and court ordered obligations (e.g. restitution, victim surcharge, fines, a requirement to register with a sex offender registry, non-communication order pursuant to section 743.21 of the Criminal Code)
    4. following positive identification of the offender by the RCMP, assign and/or confirm the Fingerprint Section number in the electronic sentence management file in OMS and provide notification to appropriate staff
    5. review all pertinent documentation available, identify discrepancies to the applicable court and request amended documentation when required
    6. complete all Sentence Management activities within 20 working days following the pre-authorized admission, including offender sentence structure, the determination of conditional release eligibilities and the recording of all required information in the electronic sentence management file in OMS
    7. provide notification to the Parole Board of Canada following admission.

Upon Physical Admission of an Offender

  1. The Sentence Management staff will:
    1. ensure legal documentation accompanies the offender
    2. disseminate the appropriate accompanying sentence documentation, if required
    3. notify the assigned Sentence Management Officer of any known issues.

Throughout the Offender’s Sentence

  1. Throughout the offender’s sentence, the assigned Sentence Management Officer will:
    1. review and compare additional court issued documentation with current information on file and in the electronic sentence management file in OMS, accurately action changes to sentences and resulting release eligibilities and report major discrepancies to a Chief, Sentence Management, and/or the courts
    2. upon notification from the Parole Officer:
      1. amend unescorted temporary absence authority following determination of serious harm
      2. report judicial review events and action results
      3. flag the offender for foreign agency notification
    3. complete all sentence management activities, including the completion of a review by a Chief, Sentence Management, within three working days following receipt of a warrant of committal for:
      1. detained offenders who receive an additional sentence following Parole Board of Canada ordered detention
      2. offenders who receive a new sentence rendering their release inoperative
    4. complete all sentence management activities, including the completion of a review by a Chief, Sentence Management, within five working days following receipt of a warrant of committal for:
      1. offenders who have already been subject to the 12 month pre-release audit and who subsequently receive a new sentence
      2. offenders who are impacted by case law decisions or legislative amendments
    5. complete all sentence management activities, including the completion of a review by a Chief, Sentence Management, immediately upon notification of an unscheduled release
    6. within 30 days following an inter-regional transfer and a new caseload assignment, review the transferred offender files and refer any major discrepancies to the Chief, Sentence Management
    7. in all other cases where an additional sentence is imposed, notify the Chief, Sentence Management
    8. provide notification to the Parole Board of Canada following readmission and modifications to the offender sentence.
  2. The Chief, Sentence Management, will:
    1. confirm the accuracy of sentence structure, conditional release eligibilities and OMS reporting for offenders subject to paragraphs 16 c, d, e and g
    2. conduct an audit of the offender’s file at the following times:
      1. six months following initial admission
      2. twelve months before release for sentences where the total aggregate is four years or more.

Judge’s Orders/Appeal Court Notices

  1. Upon receipt of a court order or notice requiring the attendance of an offender in court, Sentence Management staff will provide notification to the appropriate departments to facilitate the court appearance.
  2. Following the appearance of the offender at court, the assigned Sentence Management Officer will record all results in the electronic sentence management file in OMS and determine impacts to the sentence as outlined in paragraph 16 a.

Sentence Information Sharing

  1. Sentence Management staff will:
    1. provide the offender with a copy of his/her sentence calculation and the Letter to Federal Offenders document outlining conditional release eligibility and unescorted temporary absence authority following admission to federal custody and any changes to the release eligibility dates
    2. upon request, show the offender a copy of his/her warrant(s) of committal
    3. share offender admission information and the Letter to Federal Offenders with the Parole Board of Canada upon the offender’s admission to federal custody and following any changes to the release eligibility dates.

Escape/Unlawfully at Large

  1. Pursuant to section 11.1 of the CCRA, if an offender escapes or is declared unlawfully at large from a federal institution, the Institutional Head will immediately issue a warrant of apprehension and recommitment to custody in a penitentiary using OMS.
  2. The assigned Sentence Management Officer will be provided with the original signed warrant for retention.
  3. Following the capture of an offender who has escaped or who is unlawfully at large, he/she will be detained at a facility in the region of the arrest pending arrangements for readmission to a specific institution.
  4. The Parole Supervisor/Assistant Warden, Interventions/National Monitoring Centre will provide the assigned Sentence Management Officer with an executed section 11.1 warrant within one working day following the arrest of the escaped/UAL offender.
  5. If an offender continues to be at large at the point he/she attains 100 years of age, the offender will be treated as deceased and all records will be archived.

Canadian Police Information Centre Checks

  1. Canadian Police Information Centre checks for outstanding charges are conducted:
    1. by a Chief, Sentence Management:
      1. during the admission authorization process
      2. as part of the pre-release audit
      3. immediately before release in the case of unscheduled releases as part of the release authorization process
    2. by the assigned Sentence Management Officer:
      1. within five working days after the admission in an institution as a result of a transfer from another region, unless the transfer is part of a series of transfers related to ongoing court appearance or hospital stays
      2. two weeks prior to the scheduled release of an offender on day parole, full parole, statutory release or warrant expiry date
      3. within 10 working days after the return to federal custody following any release period, be it a conditional release, long-term supervision order, surrender of bail or recapture following escape/unlawfully at large period.
  2. The completion of the Canadian Police Information Centre check and any actions taken with respect to the check will be:
    1. entered in Sentence Control in the electronic sentence management file in OMS
    2. recorded and placed in the sentence management file.
  3. Outstanding charges must be recorded in the electronic sentence management file in OMS.

Offender Release

  1. Following confirmation of release eligibility, the Chief, Sentence Management, will authorize release from custody and/or jurisdictional authority as follows:
    1. accelerated day parole – on the established eligibility date and following a decision rendered by Parole Board of Canada directing accelerated day parole
    2. accelerated full parole – on the established eligibility date, or the next business day if the established eligibility date falls on a statutory holiday or weekend, and following a decision rendered by Parole Board of Canada directing accelerated full parole
    3. regular day/full parole – on or after the established eligibility date and following a decision rendered by Parole Board of Canada granting conditional release
    4. statutory release – if the offender is in federal custody, the last working day prior to the established release date, or up to five calendar days prior to the established statutory release eligibility date in the case of early discretionary release as approved by the Institutional Head, or on the statutory release date if the federal offender is incarcerated in a provincial facility
    5. warrant expiry – if the offender is in federal custody, the last working day prior to the established warrant expiry date, or up to five calendar days prior to the established warrant expiry date in the case of early discretionary release as approved by the Institutional Head, or on the warrant expiry date if the federal offender is incarcerated in a provincial facility
    6. forthwith following cancellation of suspension or revocation where the release date has passed
    7. on the long-term expiration date
    8. forthwith in the event of a court ordered release from custody.
  2. The assigned Sentence Management Officer will:
    1. confirm the existence of outstanding charges and any other matters which may require continued detention of the offender, and provide information to the Chief, Sentence Management, as required
    2. quality control the release certificate to confirm the accuracy of:
      1. the release type
      2. the Parole Board of Canada imposed conditions
      3. all start and end/expiry dates
    3. liaise with authorities and the Sentence Management Officer in the same physical location as the offender to arrange for the offender's release to other custody when required.

Offender Death

  1. Upon notification of the death of an offender, the assigned Sentence Management Officer will, pursuant to CD 530 – Death of an Inmate: Notifications and Funeral Arrangements, record the death and archive the file in the electronic sentence management file in OMS.

Commissioner,

Original signed by

Don Head

ANNEX A: CROSS-REFERENCES AND DEFINITION

CROSS-REFERENCES

CD 002 – Designation of Release Sites Other Than Penitentiaries
CD 085 – Correspondence and Telephone CommunicationPolicy Bulletin 265
CD 530 – Death of an Inmate: Notifications and Funeral Arrangements
CD 566-6 – Security Escorts
CD 701 – Information Sharing
CD 704 – International Transfers
CD 705 – Intake Assessment Process and Correctional Plan Framework
CD 705-1 – Preliminary Assessments and Post-Sentence Community Assessments
CD 705-2 – Information Collection
CD 705-6 – Correctional Planning and Criminal Profile
CD 705-7 – Security Classification and Penitentiary Placement
CD 710-3 – Temporary Absences
CD 710-5 – Judicial Review of Parole Ineligibility
CD 712-1 – Pre-Release Decision-Making
CD 712-2 – Detention
CD 712-4 – Release Process
CD 712-5 – Pre-Release Case Preparation for Provincial/Territorial Offenders and Federal Offenders Incarcerated in Provincial/Territorial Facilities
CD 715-2 – Post-Release Decision Process
CD 719 – Long-Term Supervision Orders
CD 784 – Victim Engagement

Access to Information Act
Canadian Charter of Rights and Freedoms
Controlled Drugs and Substances Act
Criminal Records Act
Extradition Act
Identification of Criminals Act
Immigration and Refugee Protection Act
International Transfer of Offenders Act
Mutual Legal Assistance in Criminal Matters Act
Prisons and Reformatories Act
Privacy Act
Sex Offender Information Registration Act
Youth Criminal Justice Act

Interregional Transfer Tool – Long-Term Supervision

Definition

Audit : full verification and review of all sentence management information, cross-referenced with legislation, policies, guidelines and manuals. Confirmation and verification of all information regarding offender sentence structure, release eligibilities and long-term supervision residency start and end dates contained in the hard copy file and the Offender Management System (OMS) to ensure accuracy and completeness.

Authorize release : the act of giving official permission or approval to free an offender from confinement.

Dangerous offender : an offender who is subject to a designation by the court pursuant to section 753 of the Criminal Code.

Dual status : offenders who are subject to a current federal sentence AND who are also subject to a finding of not criminally responsible pursuant to section 672.34 of the Criminal Code of Canada.

Long-term offender (LTO) : an offender who receives a long term supervision order which follows warrant expiry date (or earned release date for provincial sentence), for a period not exceeding 10 years.

Long-term supervision order (LTSO) : an order imposed by the court as a sentencing option to an offender designated as a dangerous offender pursuant to section 753 of the Criminal Code or as a long-term offender pursuant to section 753.1 of the Criminal Code. The offender who has received such an order is supervised in accordance with the CCRA. The long-term supervision order commences when the offender has finished serving all sentences for offences for which he/she had been convicted. The period of supervision to which the offender is subject at any time must not total more than 10 years.

For more information

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians websites.