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740 |
2004-07-09 |
COMMISSIONER'S DIRECTIVE
WORK RELEASES
Issued under the authority of the Commissioner of the Correctional Service of Canada |
1. To encourage inmates to carry out work and community service under supervision outside the institution, with the goal of safely reintegrating them into the community as law-abiding citizens.
2. The Institutional Head may authorize work releases of up to sixty (60) consecutive days duration for work or community service outside the institution.
3. If the duration is to exceed sixty (60) consecutive days, the approval of the Regional Deputy Commissioner is required.
4. A work release is a structured program of releases which provides an opportunity for inmates to work in the community, under supervision, on a paid or voluntary basis.
5. Work releases shall be authorized for a specified period and shall normally involve a daily return to the institution or a community-based residential facility.
6. Only inmates eligible for unescorted temporary absences shall be eligible to apply for work releases.
7. Inmates classified as maximum security and inmates who have been detained are not eligible to participate in work releases.
8. Inmates who are under a detention order issued on or after July 10, 1995 by the Deputy Minister of Citizenship and Immigration Canada shall not be granted a work release.
CRITERIA FOR GRANTING WORK RELEASES
9. A work release may be authorized where in the opinion of the Institutional Head:
- the inmate will not, by reoffending, present an undue risk to society during a work release;
- it is desirable for the inmate to participate in a structured program of work or community service in the community;
- the inmate's behaviour while under sentence does not preclude authorizing the work release; and
- a structured plan for the work release, including specific objectives to be achieved by the inmate during the course of the release, has been prepared.
10. Inmates may be granted releases to work, on a paid or voluntary basis for municipal, provincial or federal agencies, businesses, private individuals, charitable, religious or other non-profit organizations.
11. Inmates shall not be granted a release, to work either on a paid or volunteer basis, for the personal benefit of staff, persons under contract to the Service or anyone living in the same household as, or relatives of, staff or any person under contract to the Service. Relatives include wife, husband, common-law partners, children, step-children, parents, foster-parents, brothers, sisters, grandparents, in-laws, etc.
12. A work release will be considered as successful if the stated objectives of the work release are achieved and none of the following conditions is encountered:
- the inmate either fails to return or returns late without good cause;
- the inmate is convicted of being under the influence of an intoxicant or of being in the possession of contraband upon returning to the institution;
- the work release is cancelled after its commencement due to a deterioration in the behaviour or performance of the inmate;
- the inmate is detained by police for behaviour indicative of criminal reinvolvement; and
- the inmate breaches a condition of the work release.
ASSESSMENT AND REVIEW OF APPLICATIONS
13. The application for each inmate eligible for participation in a work release shall be reviewed and a recommendation made by a board appointed by the Institutional Head and having appropriate representation by program and unit case management staff. For Aboriginal offenders, where appropriate, ensure that input from Elders or Native Liaison Officers is considered in the work release decision-making process. The Progress Summary prepared in relation to an application for a work release shall assess and report on the inmate's case in respect of:
- the criteria for granting work release;
- the immediate and long term risk to reoffend;
- the appropriateness of the work release in view of the inmate's Correctional Plan;
- the inmate's progress in relation to the Correctional Plan;
- any continued involvement in criminal activities (including trafficking in, using, or importing drugs);
- the supervision requirements, including the frequency and nature of supervision contacts;
- the requirement for additional conditions; and
- the details regarding the accompaniment, if required, of the inmate to and from the work release site.
14. The inmate shall be notified in writing of all work release decisions and the reasons therefor, unless such disclosure is exempted by virtue of Commissioner's Directive 095, "Information Sharing with Offenders".
15. In the case of an institutional transfer, the continuation of an existing program of work releases approved by the head of the sending institution shall be reviewed, and approved if appropriate, by the head of the receiving institution.
16. The fact that a work release is granted carries no commitment that any conditional releases will be granted in the future.
17. The Institutional Head can impose any conditions considered reasonable and necessary to manage the risk to the public.
18. Where accompaniment of the inmate to and from the work release site is required, the Institutional Head shall specify all details and options and shall also determine the most appropriate person to accompany the inmate. Means of transportation shall be in accordance with Commissioner's Directive 566-5, "Non-Security Escorts".
19. The supervision of inmates on work releases may be carried out by a staff member or other person or organization authorized by the Institutional Head.
20. The frequency and nature of supervision contacts shall be tailored to the needs of the case and the particular setting in which the work release occurs (e.g., isolated vs. populated) and shall be approved by the Institutional Head.
21. Consultation between the appropriate institutional staff and the supervising body, and when applicable, the Elder or Native Liaison Officer, shall occur prior to making a recommendation or decision regarding the work release.
22. Evaluation reports shall be completed by the work release supervisor at times specified in advance by the Institutional Head and upon completion of the release period.
BRIEFING OF WORK RELEASE SUPERVISORS
23. The Institutional Head shall ensure that all persons or organizations using the services of inmates on work releases or supervising a work release program are briefed, in writing, on all work release policies, procedures and conditions, as well as any significant information about each inmate participant, in accordance with Commissioner's Directive 782, "Sharing Offender-Related Information", before the commencement of such program.
24. A work release may be cancelled before or after its commencement by the Institutional Head, or by a staff member designated for that purpose in institutional Standing Orders.
25. Where a person supervising a work release believes it should be cancelled, he or she shall contact the Institutional Head or the person designated, who will determine if cancellation of the work release is required.
26. An inmate whose work release has been cancelled shall return directly to the institution and, failing to do so, shall be declared unlawfully at large.
27. An inmate shall be given the reasons, in writing, within five (5) working days of the decision to suspend or cancel the work release and shall be given an opportunity to make representations when the decision is attributable to his or her actions.
ADMINISTRATIVE RESPONSIBILITIES
28. Each work release shall be assessed shortly after the planned return of the inmate. The reasons for any unsuccessful release shall be recorded and reviewed by the Institutional Head before any previously approved work releases are actioned or before any new work releases are granted. For any subsequent work releases, the Institutional Head must take into account any unsuccessful work release and the contributing causes and circumstances.
29. Each inmate participating in a work release program shall have the conditions and procedures respecting the work release explained to him or her and shall sign the work release permit to indicate his or her consent to perform the community work.
30. An authorized permit shall be issued to the inmate for a work release. A copy of the permit shall be provided to the work release supervisor prior to the release.
31. The Institutional Head shall ensure that proper financial records are kept of all wages earned by inmates employed in the community.
Commissioner,
Original signed by
Lucie McClung
GUIDELINES RELATING TO WORK RELEASES
OBJECTIVE
1. These guidelines, which are an information supplement to Commissioner's Directive 740, "Work Releases", outline the procedures to be followed in relation to work releases.
IMPLEMENTATION OF A WORK RELEASE
2. Before a work release or a program of work releases is implemented, the Institutional Head shall ensure that the following procedures and conditions are established, as applicable:
- a clear understanding of the work or community service to be performed including hours of work, expected duration of project, and wages to be paid;
- the responsibility of both the person(s) and(or) the organization using the services of the inmate(s), and the institution regarding the provision of work clothing, tools and safety equipment, meals, transportation to and from work, and any other such arrangements;
- the handling of money earned by an inmate;
- the amount of money an inmate may be permitted to carry on his or her person during the course of the work release;
- whether or not an inmate can purchase personal effects during the course of an extended work release; and
- any other conditions under which the paid or volunteer work is to be performed.
SUPERVISION
3. The Institutional Head shall ensure that, for each work release or program of work releases, the responsibilities of the supervisor are detailed, including type and frequency of supervision, reporting requirements, incident intervention, measures to be taken in respect of a necessity to cancel the work release, and procedures for returning the inmate to the institution.
4. Arrangements for supervision shall normally be made at least ten (10) days in advance of the commencement of the work release.
5. The Institutional Head shall ensure that the frequency and requirements of interim evaluation reports are established for each work release of extended duration.
6. A post-release evaluation report shall be completed within ten (10) working days of the completion of the work release.
ASSIGNMENT AND PAY
7. Work releases shall be effected in accordance with 730, "Inmate Program Assignment and Payments" and Commissioner's Directive 870, "Maintenance Allowance for Offenders".
8. For paid work, the rates of pay shall be based on community norms for equivalent work performed, and shall not be less than the current provincial minimum wage.
9. For volunteer work, the inmate shall receive inmate pay or a basic living allowance, whichever is most appropriate. The rates of pay shall be in accordance with the level of inmate pay as determined by the Program Board, taking into consideration the inmate's progress within his or her Correctional Plan. The amount of the living allowance shall be in accordance with Commissioner's Directive 870, "Maintenance Allowance for Offenders".
10. The Institutional Head shall ensure that records are kept for each inmate participating in a work release which include the number of hours or days worked, wages paid, deductions made, employer's name, and verification and identification of the account to which the funds are deposited.
11. The Institutional Head shall obtain agreement from each person or organization using the services of inmates to provide the Service with a statement of earnings and deductions for each inmate, when requested.
12. Inmates participating in work release programs shall be subject to all labour standards in effect in the province in which they work.
ADMINISTRATIVE RESPONSIBILITIES
13. Inmates shall be advised during reception that their work release eligibility date corresponds to their unescorted temporary absence eligibility date.
14. A written waiver shall be obtained from each community person or organization using the services of inmates which provides that the Service shall not be responsible for the quality of work performed by inmates or for any loss, damage, or personal injury that may occur during the time of such employment. This condition shall apply regardless of whether the loss, damage, or personal injury was caused by a wilful or negligent act or omission by the inmate, or some other cause.
15. The Institutional Head shall designate those persons authorized to sign work release permits.
Commissioner,
Original signed by
Lucie McClung
