Guidelines 711-2
Structured Intervention Unit (SIU) Transfer Procedures - Non-SIU Sites

Guidelines

Number: 711-2

In Effect: 2019-11-30

Related links

Policy Bulletin 646

Authorities

Purpose

To provide staff with guidance and supporting information about the Structured Intervention Unit authorization to transfer and decision processes at non-SIU sites

Applications

Applies to all staff working at an institution without a Structured Intervention Unit responsible for the transfer process, and the management and review of inmates in a Structured Intervention Unit

Responsibility

  1. Pursuant to Commissioner's Directive (CD) 711 - Structured Intervention Units, the Assistant Commissioner, Correctional Operations and Programs, in collaboration with the Deputy Commissioner for Women (DCW) has the authority to develop guidelines with respect to Structured Intervention Units (SIUs).

SIU Authorization to Transfer and Approval - Supporting Information

  1. Refer to CD 711 - Structured Intervention Units for SIU policy requirements.
  2. For the purposes of determining procedural safeguard requirements and decision timeframes:
    1. regardless of the time, the day of the SIU authorization to transfer constitutes the first working day provided it is a regular working day
    2. if the SIU authorization to transfer falls on a weekend or statutory holiday, the next working day constitutes the first working day
    3. for Independent External Decision Makers' (IEDM) conditions of confinement reviews, the day the inmate was authorized to transfer to the SIU constitutes calendar day one (1).
  3. An Assessment for Decision for transfer is not required to approve a transfer to an SIU. The SIU authorization to transfer by the Assistant Warden, Interventions (AWI), or Correctional Manager in charge of the institution provides the authority to facilitate the physical transfer of an inmate to an SIU.
  4. Based on the SIU authorization to transfer, a transfer warrant is generated in the Offender Management System (OMS) to facilitate the physical transfer of the inmate to the SIU.
  5. The SIU authorization to transfer and related information, reviews and decisions and the record of daily activities will be documented in the Long Term Evolution (LTE)-SIU Module pursuant to the timeframes in CD 711 – Structured Intervention Units.

SIU authorization to transfer - legal requirements

  1. An inmate can only be transferred to an SIU if all legal requirements, pursuant to section 34(1) of the CCRA, are met.
  2. In determining if the legal requirements for a transfer to an SIU are met, the decision maker will consider all available information, including:
    1. incident reports and/or staff observation reports
    2. resulting injuries to any person
    3. available security intelligence information
    4. ongoing risk of the inmate to the safety of staff, inmates or the security of the penitentiary
    5. health care accommodation needs
    6. for Indigenous inmates, consideration of Indigenous social history (ISH) as it relates to exploring alternatives to a transfer to an SIU
    7. alternatives to an SIU transfer, such as, alternative units/ranges, Pathways units or, for women 's institutions, movement to an Enhanced Support House
    8. inmate representations, including representations from an inmate 's legal counsel
    9. information from the Victim Services Unit when the inmate has a Victim Notification flag in OMS
    10. consideration of section 28 of the CCRA to ensure that a transfer to an SIU provides the inmate with the least restrictive environment necessary.

SIU transfer procedures

SIU Authorization to Transfer

  1. The AWI, during regular business hours, or the Correctional Manager in charge of the institution outside of regular business hours will provide the SIU authorization to transfer only when the legal requirements are met.

Restricted Movement

  1. An inmate must be immediately moved to a restricted movement cell following an SIU authorization to transfer pursuant to CD 711 – Structured Intervention Units.
  2. Pursuant to CD 784 - Victim Engagement, the non-SIU site will inform the Victim Services Unit when an inmate is transferred to an SIU .

Continuation of SIU Confinement

  1. The person completing the SIU authorization to transfer will confirm, in the LTE-SIU Module, if the SIU authorization to transfer meets the definition of “Continuation of SIU Confinement”, pursuant to Annex F.

Consultations

  1. Prior to authorizing a transfer to an SIU, when circumstances permit, the AWI or Correctional Manager in charge of the institution, as the case may be, will consult with the inmate’s Case Management Team during regular business hours to explore reasonable alternatives and confirm that a transfer to an SIU is the least restrictive measure necessary. Consultations may include, but are not limited to the:
    1. Security Intelligence Officer
    2. Parole Officer
    3. Manager, Assessment and Interventions, and other members of the Case Management Team
    4. registered health care professional
    5. Elder/Spiritual Advisor and/or staff engaged in the Indigenous continuum of care
    6. Correctional Officers
    7. Chaplain and other religious and spiritual practitioners
    8. Victim Services Unit when the inmate has a Victim Notification flag in OMS.
  2. When circumstances do not permit, consultations must occur as soon as practicable.

Immediate Needs Checklist - Suicide Risk

  1. Pursuant to CD 843 – Interventions to Preserve Life and Prevent Serious Bodily Harm, the Correctional Manager in charge of the institution or Correctional Manager, Intensive Intervention Strategy (CMIIS), will ensure the Immediate Needs Checklist – Suicide Risk (CSC/SCC 1433) is completed prior to or immediately following an inmate’s SIU authorization to transfer. The Immediate Needs Checklist – Suicide Risk will be completed in the LTE-SIU Module.

SIU Authorization to Transfer Documentation

  1. The AWI or Correctional Manager in charge of the institution who authorized an inmate’s transfer to an SIU will ensure the “SIU Transfer Authorization” information is entered and the transfer rationale is completed in the LTE-SIU Module on the day the transfer to the SIU was authorized.
  2. The SIU authorization to transfer rationale must be clearly detailed, pursuant to the content guidelines in Annex B.

Withholding of Information

  1. If there are reasonable grounds to believe that disclosure of information in relation to the inmate’s transfer to an SIU would jeopardize the security of a penitentiary or the safety of any person and/or the conduct of any lawful investigation, the Institutional Head has the authority to withhold from the inmate only as much information as is necessary to protect the interest identified. In these circumstances, the inmate must be provided with a gist, pursuant to Interim Policy Bulletin 451 regarding disclosure/sharing of information and CD 701 - Information Sharing.

Inmate Procedural Safeguard Notifications

  1. Without delay, the Correctional Manager in charge of the institution will ensure that the inmate authorized to transfer to an SIU is:
    1. verbally advised of the reason for their transfer to an SIU
    2. advised that arrangements for an interpreter will be made if they do not speak or understand either official languages or have a disability that requires the use of an interpreter
    3. informed of their right to legal counsel pursuant to subsection 97(2) of the CCRR and given an opportunity to contact counsel, as soon as practicable, in a private area outside of their cell
    4. provided an opportunity to sign a consent form for the release of information to their legal counsel and/or assistant
    5. informed of the reasonable opportunity to engage an assistant in preparation for and to attend the Structured Intervention Unit Review Committee (SIURC), in the absence of or inability to retain legal counsel
    6. informed of the right to have access to contact organizations, including, but not limited to, the Office of the Correctional Investigator of Canada, Citizen Advisory Committees, Canadian Association of Elizabeth Fry Societies and John Howard Society. When requested, reasonable opportunities to contact organizations will be provided
    7. informed that they may submit complaints and grievances pursuant to section 90 of the CCRA, sections 74-82 of the CCRR, CD 081 - Offender Complaints and Grievances and GL 081-1 - Offender Complaint and Grievance Process
    8. advised that they may have access to an Elder/Spiritual Advisor and/or Chaplain, as well as to cultural, religious and spiritual practices, to the extent safely possible
    9. provided a copy of the SIU Inmate Handbook.
  2. Once completed, the above will be documented in the procedural safeguards section of the SIU Transfer Authorization – LTE-SIU Module.

SIU Threat Risk Assessment

  1. When an inmate is subject to restricted movement, a Correctional Manager will:
    1. in consultation with the SIU Security Intelligence Officer, when available, ensure an SIU Threat Risk Assessment (SIU-TRA) is completed in the LTE-SIU Module no later than the next calendar day following an inmate’s SIU authorization to transfer authorize the use of barriers where recommended through the SIU-TRA.
    2. authorize the use of barriers where recommended through the SIU-TRA.

Confirmation of SIU Authorization to Transfer

  1. If the Correctional Manager in charge of the institution authorized an inmate’s transfer to an SIU, the AWI must review the SIU authorization to transfer on the next working day to either:
    1. confirm the SIU authorization to transfer
    2. cancel the SIU authorization to transfer.
  2. The decision confirming the SIU authorization to transfer will be documented in the LTE-SIU Module, and will include the reasons, pursuant to Annex C. If the SIU authorization to transfer is cancelled, the AWI will ensure the Institutional Head is notified of the decision.
  3. The decision and reasons confirming the SIU authorization to transfer must be provided in writing to the inmate no later than within one working day from the date of the decision. 

Cancellation of SIU Authorization to Transfer

  1. If the grounds in section 34(1) of the CCRA are no longer met prior to the Institutional Head rendering a decision on the transfer, the AWI must cancel the SIU authorization to transfer.
  2. The AWI will ensure that the decision to cancel the authorization to transfer is entered in the LTE-SIU Module, pursuant to Annex D.

Responsibilities Following SIU Authorization to Transfer

  1. The Manager, Assessment and Interventions (MAI), designated in Standing Orders will, no later than within two working days from the date of the SIU authorization to transfer, meet with the inmate to:
    1. provide the written reasons for the SIU authorization to transfer
    2. advise the inmate of their right to submit written and/or oral representations to the Institutional Head for consideration in making their SIU transfer decision, including those of their legal counsel or assistant.
  2. The Correctional Manager identified in institutional Standing Orders will ensure that each inmate is assigned a restricted movement cell.
  3. The institutional Parole Officer will meet with the inmate within one working day from the day of the SIU authorization to transfer to discuss the reasons for the transfer and to explore alternatives.
  4. The inmate can make representations up to the time that the Institutional Head renders their decision. The MAI designated in Standing Orders will ensure the inmate’s representations for consideration by the Institutional Head, including representations from their legal counsel and/or assistant, are documented in the LTE-SIU module.
  5. The AWI has an ongoing obligation to review the inmate 's case, in consultation with the inmate's case management team, to determine if a reasonable alternative exists.
  6. If an alternative exists and the legal criteria are no longer met, the AWI must cancel the SIU authorization to transfer.
  7. If the AWI does not cancel the SIU authorization to transfer, they will provide the SIU authorization documentation, the inmate 's representations, representations from the inmate's legal counsel or assistant and other any relevant documentation to the Institutional Head for consideration in making their decision.

Non SIU-site transfer consultations with SIU site

Immediate Transfer to SIU Site

  1. Where an inmate is authorized for transfer to an SIU and, in consideration of the circumstances, it is necessary to immediately physically move the inmate to the SIU site for the security of the institution or the safety of the inmate or any other person, the person identified in institutional Standing Orders will, prior to the physical transfer of the inmate:
    1. consult with the AWI of the SIU site
    2. outside of regular business hours:
      1. consult the Correctional Manager, SIU or
      2. in the absence of the Correctional Manager, SIU, consult with the Correctional Manager in charge of the institution of the SIU site.
  2. The purpose of the consultation is to advise of the SIU authorization to transfer and the need to immediately transfer the inmate to the SIU and any safety and security considerations.
  3. Following the immediate transfer of the inmate to the SIU, a staff member at the non-SIU site, as designated in institutional Standing Orders will request official consultation comments from the SIU site no later than the next working day.

Non-Immediate Transfer to SIU Site

  1. Where an inmate at a non-SIU site is authorized to transfer to an SIU, a staff member designated in institutional Standing Orders will, within one working day from the date of the SIU authorization to transfer, request consultation comments from an SIU site regarding the inmate's proposed transfer.
  2. The SIU site will respond to the request for consultation comments no later than within one working day from the receipt of the request to ensure the information is considered by the Institutional Head in making their decision to approve or not approve the inmate 's transfer to an SIU.

Consultation Comments

  1. The response to the consultation must identify any incompatibles or other security concerns at the SIU site along with strategies the SIU site will use to manage the inmate in the SIU.

Institutional Head Decision

  1. Pursuant to CD 711 - Structured Intervention Units, the Institutional Head will make a decision to approve or not approve an inmate's transfer to an SIU within five working days from the SIU authorization to transfer.
  2. The Institutional Head will document their decision pursuant to the content guidelines in Annex E.
  3. Following their decision, the Institutional Head will ensure that the inmate is:
    1. verbally advised of the decision, no later than within one working day of the decision
    2. provided with the written decision, no later than within two working days.

Inmate Transfer from Non-SIU Site

  1. If an inmate at a non-SIU site is transferred to an SIU before the sending Institutional Head makes the SIU transfer decision, the Institutional Head at the non-SIU site remains the decision maker to approve or not approve the inmate's transfer to an SIU. If the inmate wishes to make oral representations, the necessary arrangements will be made to accommodate the request (e.g., videoconference or teleconference).

Correctional Plan Update

  1. If an authorization for transfer to an SIU is cancelled prior to the decision being made, or the Institutional Head does not approve the transfer of an inmate authorized for transfer to an SIU, a Correctional Plan Update (CPU) is not required. An SIU-CWR is to be completed.
  2. Following the decision by the Institutional Head to approve an inmate’s transfer to an SIU, the institutional Parole Officer will complete a Correctional Plan Update as soon as practicable, but no later than five working days from the decision by the Institutional Head , in accordance with CD 710-1 - Progress Against the Correctional Plan.
  3. Where an inmate’s Correctional Plan is still in progress for an inmate approved for a transfer to an SIU, the reasons for the inmate’s transfer to the SIU will inform the development of the Correctional Plan, which will be completed in accordance with CD 710-1 – Progress Against the Correctional Plan
  4. The institutional Parole Officer will be responsible for completing all outstanding casework due within 30 calendar days from the date of the inmate’s approved transfer to an SIU.

Documentation

  1. All staff who interact with inmates in an SIU will ensure they document their interactions in a Casework Record in accordance with CD 710-1 – Progress Against the Correctional Plan as well as record the interaction in the LTE-SIU Module no later than the end of the same working day.
  2. Health Services staff will document their interactions on the electronic medical record.

    3. Assistant Commissioner, Correctional Operations and Programs

    Original signed by:
    Kevin Snedden

Annex A
Cross-references

Annex B
SIU authorization to transfer rationale - Content guidelines

Complete all required sections in the "SIU Transfer Authorization" screens in the LTE-SIU Module. In the "Rationale" text field, include:

Notice of SIU authorization to transfer

This is your written notice that you are authorized to transfer to a structured intervention unit (SIU). It includes the reasons for your SIU authorization to transfer or a gist.

The institutional head will make a decision within five (5) working days if you should be transferred to an SIU. The decision by the institutional head is due by (include date here).

If the institutional head approves your transfer to an SIU, you will be transferred within five (5) working days following your SIU authorization to transfer.

The SIU authorization to transfer may be cancelled if a reasonable alternative is identified. If a reasonable alternative is identified and the SIU authorization to transfer is cancelled, you will be returned to a mainstream population.

You have the right to contact legal counsel.

You have the right to submit written or oral representations to the institutional head for consideration. This includes submitting written representations from your legal counsel or assistant.

Introduction/Case Status

Status of the inmate, such as:

Incident/Circumstances of SIU authorization to transfer

Provide as many details known at the time that describe the incident or circumstances that led to the SIU authorization to transfer, including:

Inmate representations

Risk assessment

Consideration of alternatives

Where applicable, document how the following additional factors were considered in the context of how they support alternatives to a transfer to an SIU:

For Indigenous inmates, their Indigenous social history (ISH). Include whether Elders/Spiritual Advisors or other cultural staff were available to provide consultation including consideration of cultural interventions as an alternative.

Note any accommodation requirements for known physical and mental health needs, any registered health care professional consultations that occurred and how the inmate's health was considered. If no concerns are identified or known and this is confirmed by a registered health care professional, state this.

Gender identity or expression considerations.

SIU authorization to transfer rationale

Include an analysis of all of the above information, including the rationale for the SIU authorization to transfer that highlights why there are no reasonable alternatives and why a transfer to an SIU is the least restrictive measure.

Inmate notifications

The following notifications are automatically generated by the LTE-SIU Module - they do not need to be included in the written text field:

If you are not satisfied with the decision or you are not satisfied with the conditions or the treatment that you received, you may submit a grievance pursuant to sections 90-91 of the CCRA, sections 74-82 of the CCRR and CD 081 - Offender Complaints and Grievances and GL 081-1 - Offender Complaint and Grievance Process.

You have the right to address sensitive information or urgent requests to the Institutional Head in a sealed envelope, which will be provided upon request. A national toll-free phone number (1-800-263-1019) is also available to you to inquire about the offender complaint and grievance process.

You also have the right to either contact or file a complaint with the Office of the Correctional Investigator or the Canadian Human Rights Commission.

If you remain in an SIU, the Institutional Head will review your case no later than 30 calendar days from the SIU authorization to transfer to make a decision if you should remain in an SIU. You will be provided verbal notice of this decision within one working day and the written decision within two working days from the decision.

If you remain in an SIU, the Assistant Deputy Commissioner, Correctional Operations, will review your case no later than 45 calendar days from the SIU authorization to transfer and then within every 30 days thereafter. You will be provided a written copy of this review within two working days from the date of the review.

If you are approved for transfer to an SIU, the Structured Intervention Unit Review Committee (SIURC) will review your case within 20 calendar days from the day of your SIU authorization to transfer to recommend to the Institutional Head if you should remain in an SIU or if you should be transferred from an SIU.

The SIURC will also review your case within 20 calendar days of each decision and make a recommendation to the designated decision maker if you should remain in an SIU.

You will be provided with written notice of the SIURC at least three working days in advance of the review or a shorter period if you have consented.

If you remain in an SIU, an Independent External Decision Maker (IEDM) will review your case within 30 calendar days from the date of the Senior Deputy Commissioner's Decision, and then within every 60 days thereafter, to make a decision if you should remain in an SIU. You will be provided a written copy of the IEDM decision within two working days of the receipt of the decision.

The SIURC will advise you of their recommendation to the Institutional Head.

Annex C
Confirmation of SIU Authorization to Transfer - Content Guidelines

The "Confirmation of the SIU Authorization to Transfer" is only required when the Correctional Manager in charge of the institution authorized the inmate's transfer to an SIU.

Complete all required sections in the "SIU Authorization to transfer - confirmation screen" in the LTE-SIU Module.

Reason for SIU Authorization to Transfer

Consultations

Provide a summary of staff consultations, including discussions of alternatives.

Inmate Representations

Include any oral and/or written representations by the inmate.

Confirmation Decision

State the decision (confirm or cancel SIU authorization to transfer) and the reasons for it.

Inmate Notification

The following notifications are automatically generated by the LTE-SIU Module - they do not need to be included in the written text field:

If you are not satisfied with the decision or you are not satisfied with the conditions or the treatment that you received, you may submit a grievance pursuant to sections 90-91 of the CCRA, sections 74-82 of the CCRR and CD 081 - Offender Complaints and Grievances and GL 081-1 - Offender Complaint and Grievance Process.

You have the right to address sensitive information or urgent requests to the Institutional Head in a sealed envelope, which will be provided upon request. A national toll-free phone number (1-800-263-1019) is also available to you to inquire about the offender complaint and grievance process.

You also have the right to either contact or file a complaint with the Office of the Correctional Investigator or the Canadian Human Rights Commission.

Annex D
Cancellation of SIU Authorization to Transfer - Content Guidelines

Complete all required sections in the "SIU Transfer cancellation screen" of the LTE-SIU Module where a decision to cancel an inmate's authorized transfer to an SIU is made.

Reason for SIU Authorization to Transfer

Consultations

Cancellation Decision

State the reasons for the decision to cancel the SIU authorization to transfer, including how the legal requirements are no longer met.

Inmate Notifications

The following notifications are automatically generated by the LTE-SIU Module - they do not need to be included in the written text field:

If you are not satisfied with the decision or you are not satisfied with the conditions or the treatment that you received, you may submit a grievance pursuant to sections 90-91 of the CCRA, sections 74-82 of the CCRR and CD 081 - Offender Complaints and Grievances and GL 081-1 - Offender Complaint and Grievance Process.

You have the right to address sensitive information or urgent requests to the Institutional Head in a sealed envelope, which will be provided upon request. A national toll-free phone number (1-800-263-1019) is also available to you to inquire about the offender complaint and grievance process.

You also have the right to either contact or file a complaint with the Office of the Correctional Investigator or the Canadian Human Rights Commission.

Annex E
Institutional Head Decision - Content Guidelines

The Institutional Head will ensure their decision is completed in the LTE-SIU Module and include:

The decision of the Institutional Head must include consideration of:

Inmate Notifications

The following notifications are automatically generated by the LTE-SIU Module - they do not need to be included in the written text field:

If you are not satisfied with the decision or you are not satisfied with the conditions or the treatment that you received, you may submit a grievance pursuant to sections 90-91 of the CCRA, sections 74-82 of the CCRR and CD 081 - Offender Complaints and Grievances and GL 081-1 - Offender Complaint and Grievance Process.

You have the right to address sensitive information or urgent requests to the Institutional Head in a sealed envelope, which will be provided upon request. A national toll-free phone number (1-800-263-1019) is also available to you to inquire about the offender complaint and grievance process.

You also have the right to either contact or file a complaint with the Office of the Correctional Investigator or the Canadian Human Rights Commission.

Annex F
Continuation of Confinement in a Structured Intervention Unit

1. When an inmate is transferred from an SIU to a mainstream population at the same or another institution, and, within a period of fourteen calendar days, not counting the day on which the transfer from the SIU occurred, is subsequently authorized for a transfer to an SIU, this will be considered as a continuation of the inmate's confinement in an SIU for the purpose of:

  1. regional reviews by the Assistant Deputy Commissioner, Correctional Operations
  2. decisions by the Senior Deputy Commissioner
  3. decisions by the Independent External Decision Maker.

In these cases, the number of continuous days an inmate is confined in an SIU will determine when the above reviews are required. The number of days the inmate is out of an SIU are not counted towards the number of continuous days.

2. If an inmate who is released on any form of conditional release from an SIU and is subsequently suspended and, upon their return to a penitentiary, is authorized for transfer to an SIU within fourteen calendar days, this will be considered continuous for the purposes of:

  1. regional reviews by the Assistant Deputy Commissioner, Correctional Operations
  2. decisions by the Senior Deputy Commissioner
  3. decisions by the Independent External Decision Maker.

In these cases, the continuous number of days an inmate is confined in an SIU will determine when the above reviews are required. The number of days the inmate is out of an SIU are not counted towards the number of continuous days.

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