Guidelines 568-7-1
Management of Incompatible Offenders

Authorities

• Commissioner’s Directive (CD) 568-7 – Incompatible Offenders
• Canadian Human Rights Act
• Privacy Act
• Treasury Board Policy on Government Security

Purpose

To provide direction on the Correctional Service of Canada’s existing operational approach and methods in determining the validity and relevance of incompatibilities between offenders

Applications

Applies to all staff, including contractors and volunteers, involved in identifying and managing incompatibles

Responsibilities

1. The Institutional Head/District Director will:
1. provide oversight of the administration of the incompatibility process
2. ensure that case management and security intelligence staff are aware of the policy on incompatible offenders and these guidelines.
2. The Security Intelligence Officer will:
1. coordinate and implement procedures for the identification and management of incompatible offenders
2. assess and record information related to incompatibilities
3. activate and/or inactivate incompatibilities in the Offender Management System
4. ensure documentation related to incompatibilities is placed in the offender’s Preventive Security file.
3. The Parole Officer will:
1. record information related to offender incompatibilities as per this policy
2. communicate this information by forwarding the completed form to the Security Intelligence Officer for review and assessment of the information.

Procedures

Preliminary Assessment Interview

4. Within five working days of the offender receiving a federal sentence, the community Parole Officer will interview the offender, complete the Preliminary Assessment, as outlined in Annex B of CD 705-1 – Preliminary Assessments and Post-Sentence Community Assessments, and discuss any concerns regarding incompatibilities.
5. When the community Parole Officer becomes aware of information that may identify offenders as being incompatible, they will ensure that the Security Intelligence Officer of the potential receiving institution/district is notified as soon as possible. Supporting information and details, described in the section on Reporting a Potential Incompatibility, are to be reported in writing using the Statement/Observation Report (CSC/SCC 0875). This report will be transmitted to the Security Intelligence Officer of the potential receiving institution/district in accordance with the CSC Information Security Requirements.
6. Upon receipt of the above information, the Security Intelligence Officer of the potential receiving institution/district will assess the incompatibility pursuant to the section on Assessing an Incompatibility.

Reporting a Potential Incompatibility

7. When a staff member becomes aware of information that may identify offenders as being incompatible, they will ensure that this information is reported in writing to the Security Intelligence Officer using one of the following methods:
1. the Parole Officer or Security Intelligence Officer may have the offender involved complete an Offender Incompatibility Request (CSC/SCC 1307), or, where applicable, assist the offender in the completion of this form, or
2. the staff member will complete and submit a Statement/Observation Report (CSC/SCC 0875).
8. Regardless of the method used, it is important that the information reported be specific in nature and include factors such as:
1. the name of the potential incompatible offender
2. detailed and specific reason(s) for the incompatibility
3. the date(s) and institution and/or community location of any incidents that contributed to the incompatibility
4. whether the incompatibility is believed to be mutual
5. whether it is believed that the potential incompatible offender is aware of the specific issues contributing to the incompatibility
6. any other information and/or factors that could facilitate the assessment of the incompatibility.

Assessing an Incompatibility

9. Upon receipt of information that may identify offenders as being incompatible, the Security Intelligence Officer will assess the potential incompatibility.
10. The assessment will be made in consultation with members of the Case Management Team, where applicable.
11. The assessment will include the consideration of the following factors:
1. the specificity of the identification of the potential incompatibility
2. the specificity and confirmability of the reasons for the potential incompatibility
3. whether or not the incompatibility is believed to be mutual
4. how current the information related to the reason(s) for the incompatibility is
5. the possible motivations for the declaration of incompatibility
6. other factors the Security Intelligence Officer deems relevant.
Note: Please refer to Annex B – Incompatibility Assessment Resource Guide for more information.


12. In cases where the Security Intelligence Officer has determined that there is insufficient information to warrant the identification of an incompatibility, the offender declaring the incompatibility will be offered an opportunity to provide additional information.
13. If the Security Intelligence Officer has determined that there still is insufficient information to warrant the identification of an incompatibility, this will be recorded in a Statement/Observation Report (CSC/SCC 0875), which will include all the information/factors considered in the assessment and indicate why the Security Intelligence Officer has determined that the incompatibility is unsubstantiated.
14. In cases where the assessment does not result in the identification of an incompatibility, the Statement/Observation Report (CSC/SCC 0875) will be placed in the Preventive Security file of both offenders.
    
15. Where the Security Intelligence Officer has determined that there is sufficient information to warrant the identification of an incompatibility, they will record the incompatibility in the Offender Management System.
16. Where the Security Intelligence Officer has determined that it is not necessary to identify any offenders as being incompatible following a security incident such as an assault or a fight, the Security Intelligence Officer will document all of the information/factors considered in the assessment and indicate why the identification of an incompatibility is not warranted. This will be recorded in the relevant Offender Management System Incident Report, the Intelligence Observation Report (CSC/SCC 1445), the Security Intelligence Report (CSC/SCC 0232), or the Statement/Observation Report (CSC/SCC 0875) and placed in the Preventive Security file of the relevant offenders.

Recording an Incompatibility

17. The Security Intelligence Officer will enter the incompatibility in the Incompatibilities screen of the Offender Management System.
18. The Offender Management System will automatically cross-reference incompatibilities between federal offenders.
19. The Incompatibilities screen of the Offender Management System requires the entry of a reference document. A reference document is any of the following documents that specifically identify the factors considered in the assessment of incompatibility and can be located on the Preventive Security files:
1. Offender Management System Incident Report – the Incident Report number must be included in the Offender Management System entry
2. Statement/Observation Report (CSC/SCC 0875) – the Offender Management System entry must include the tracking number or the date and author of the report
3. Intelligence Observation Report (CSC/SCC 1445) – the Offender Management System entry must include the file number
4. Security Intelligence Report (CSC/SCC 0232) – the Offender Management System entry must include the file number
5. Offender Incompatibility Request (CSC/SCC 1307) – the Offender Management System entry must include the file number.
20. When a new incompatibility is entered in the Offender Management System, the Security Intelligence Officer will ensure that the Parole Officers of the offenders in question are informed of the incompatibility.

Assessing and Reviewing Incompatibilities

21. The Security Intelligence Officer will assess the validity of offender incompatibilities whenever new relevant information is received.
22. The Parole Officer, as part of the consultation with the Security Intelligence Officer, will review and confirm that the list of incompatible offenders in the Offender Management System is up to date prior to proceeding with:
1. a penitentiary placement decision
2. a decision to transfer an inmate between institutions of any security level
3. a conditional release to a parole office, community-based residential facility or Community Correctional Centre
4. a transfer of supervision to another parole district
5. an assignment to a CSC program (including those in the community).
23. In cases where a relevant incompatibility is identified, the Parole Officer will consult with the Security Intelligence Officer.
24. In instances where there is a recommended case management decision, which would result in placing incompatible offenders in the same location, the Security Intelligence Officer will assess the validity of that incompatibility.

Inactivating Incompatibilities

25. When a staff member becomes aware of information indicating that an existing incompatibility may no longer be valid, they will ensure that this information is reported to the Security Intelligence Officer using one of the following methods:
1. the Parole Officer or Security Intelligence Officer may have the offender involved complete an Offender Incompatibility Request (CSC/SCC 1307), or, where applicable, assist the offender in the completion of this form, or
2. the staff member will complete and submit a Statement/Observation Report (CSC/SCC 0875).
26. Upon receipt of information indicating that an incompatibility is no longer valid, the Security Intelligence Officer will assess the information received by considering the factors stated in the section on Assessing an Incompatibility.
27. In addition, the Security Intelligence Officer will consider other factors such as:
1. whether the incompatibility was entered at the request of one of the offenders
2. the possibility of coercion
3. whether or not conflict resolution has taken place.
28. In cases where the Security Intelligence Officer has determined that there is insufficient information to warrant the inactivation of an existing incompatibility, the offender requesting the inactivation will be offered an opportunity to provide additional information.
29. If the Security Intelligence Officer has determined that there still remains insufficient information to warrant the inactivation, this will be recorded in a Statement/Observation Report (CSC/SCC 0875), which will include all the information/factors considered in the assessment and indicate why the Security Intelligence Officer has determined that the incompatibility remains valid.
30. The Statement/Observation Report (CSC/SCC 0875) documenting a denial of inactivation will be placed on the Preventive Security file of both offenders.
31. Where the Security Intelligence Officer has determined that there is sufficient evidence to warrant the inactivation of an incompatibility, they will inactivate the incompatibility in the Offender Management System.
32. The file number of the reference document related to the inactivation will be entered in the Reference box of the Incompatibilities screen in the Offender Management System.
33. Where an existing incompatibility is inactivated in the Offender Management System, the Security Intelligence Officer will ensure that the Parole Officers of the offenders in question are informed of the inactivation.

Protection of Information Related to Incompatibilities

34. Information related to incompatibilities will be assessed and handled pursuant to the CSC Information Security Requirements.
35. Information related to incompatibilities will only be considered Protected C where it is extremely sensitive in nature or could cause extremely serious injury.
36. In cases where information related to an incompatibility is considered Protected B, offenders are entitled to know whom they are incompatible with and what information was considered in the assessment of the incompatibility, where information is used in a decision that affects the offender.
37. Where sharing the information related to an offender incompatibility has been assessed as likely to cause injury or harm, and pursuant to the exceptions outlined in subsection 27(3) of the CCRA, the offender will be provided with a “gist” of the information used in the decision-making process. The gist will be prepared and shared with the offender as outlined in Annex C of CD 701 – Information Sharing. Staff are also reminded to consult Policy Bulletin 451 when preparing and sharing “gists” with offenders.

Conflict Resolution

38. The purpose of conflict resolution is to address instances where an incompatibility could be resolved with the mutual agreement of the involved offenders. Conflict resolution will be utilized as a means to achieve incompatibility deactivation at the lowest level possible, where practicable.
39. In cases where the information regarding the incompatibility is designated Protected B and can be shared with the offenders, conflict resolution may be considered to allow the incompatible offenders to resolve the reasons for their incompatibility.
40. For Indigenous offenders, it is important to consider the participation of an Elder/Spiritual Advisor or an Indigenous Liaison Officer to assist in the conflict resolution, where applicable.
41. Information about CSC’s Restorative Opportunities program should be provided to offenders in instances where the incompatibility is due to one offender having committed a federal offence against another, either directly or indirectly. An appropriate referral is one where the offender is interested in addressing the harms caused by the crime and demonstrates sincere motivation to enter into a facilitated dialogue based on the principles and values of a restorative justice approach.
42. Conflict resolution may be in the form of a supervised meeting between the offenders, supervised telephone calls between the offenders, or via consultation with the respective Security Intelligence Officers.
43. At the conclusion of the conflict resolution, and regardless of the outcome, the information will be assessed, and recorded by the relevant staff member in a Statement/Observation Report (CSC/SCC 0875), in consultation with other relevant staff members.

Risk Management Related to Incompatibilities

44. Various risk management options will be considered for unresolved incompatibilities, including but not limited to the following:
1. incompatible offenders will not normally be transferred to the same institution unless the risk can be managed within the same institution (i.e., in a different unit or range)
2. incompatible offenders will not normally be housed in the same unit, range or cell
3. incompatible offenders will not normally be housed in the same community-based residential facility or Community Correctional Centre
4. precautions will be taken when incompatible offenders report to the same parole office.

Annex A - Cross-References and Definitions

Cross-References

CD 087 – Official Languages
CD 228 – Information Management
CD 550 – Inmate Accommodation
CD 568 – Management of Security Information and Intelligence
CD 568-2 – Recording and Sharing of Security Information and Intelligence
CD 701 – Information Sharing
CD 702 – Aboriginal Offenders
CD 705-1 – Preliminary Assessments and Post-Sentence Community Assessments
CD 705-3 – Immediate Needs Identification and Admission Interviews
CD 710-2 – Transfer of Inmates
GL 710-2-3 – Inmate Transfer Processes
CD 712 – Case Preparation and Pre-Release Framework
CD 785 – Restorative Opportunities Program and Victim-Offender Mediation Services

Correctional Service of Canada Information Security Requirements

Definitions

Case Management Team: the individuals involved in managing an offender’s case, which include at a minimum the Parole Officer and the offender, and in institutions, the Correctional Officer II/Primary Worker.

Incompatible offender: where there are reasonable grounds to believe that an offender poses a threat to the safety and well-being of another offender.

Need to know: information that is pertinent and necessary to an individual performing their duties.

Reference document: a document that details the reason(s) for an incompatibility being identified or inactivated. The reference document used must be noted in the Offender Management System. A reference document can be one of the following: the Statement/Observation Report, the Intelligence Observation Report, the Security Intelligence Report, the Offender Incompatibility Request, or the Offender Management System Incident Report.

Annex B - Incompatibility Assessment Resource Guide

Purpose

This resource guide has been developed to assist CSC staff in determining the validity and relevance of an incompatibility between offenders for decision-making purposes. The use of the resource guide provides Security Intelligence Officers with a closer examination of factors assessed as impacting or having an influence on the status of an incompatibility and the potential for resolution.

This guide is intended as an optional resource to assist Security Intelligence Officers in making informed and sound recommendations based on professional discretion and judgement in relation to a decision that is required in an incompatibility case. It does not have to be utilized in all cases and it is not intended to be placed on the offenders’ Preventive Security files.