COMMISSIONER'S DIRECTIVE

SHARING OFFENDER-RELATED INFORMATION

Policy Bulletin 170

POLICY OBJECTIVE

1. To assist in the safe reintegration of offenders by sharing offender related information in a manner that protects offender privacy while ensuring public safety.

AUTHORITY

2. Section 25 of the Corrections and Conditional Release Act (CCRA).

CROSS-REFERENCES

3. Standard Operating Practices 700-06 - Community Supervision;
Standard Operating Practices 700-09 - Pre-Release Decision Process;
Commissioner's Directive 784 Information Sharing Between Victims and the Service.

PRINCIPLES

4. Information relevant to release decision-making will be provided on a timely basis to the National Parole Board and provincial parole boards.

5. Information relevant to the supervision or surveillance of offenders shall be provided on a timely basis to the police, provincial governments and agencies or individuals authorized by the Correctional Service of Canada to supervise offenders to facilitate the offender's safe and effective reintegration into the community.

6. Information sharing with victims shall adhere to CD 784 Information Sharing Between Victims and the Service.

7. Basic information will be provided on a need-to-know basis to persons in the community and interested parties and individuals who are providing the offender with support.

RESPONSIBILITIES

Provision of Information to the Police

8. Prior to the release of each offender on a long term supervision order, parole, statutory release or an unescorted temporary absence, operational units shall:

1. notify the police force that has jurisdiction at the destination of the inmate; and
2. provide the police with all information under its control that is relevant to release decision-making or to the supervision or surveillance of offenders.

Warrant Expiry Date Release

9. Prior to the release at warrant expiry of an offender, the Service shall assess whether or not there are reasonable grounds to believe the offender poses a threat to any person.

10. Where it is determined that there are reasonable grounds to believe that the offender does pose a threat to any person, the Service shall share with the police all information under its control that is relevant to the perceived threat, as per subsection 25 (3) of the CCRA, 90 days prior to the offender's release at warrant expiry date, or as soon as is practicable.

11. The releasing institution shall prepare a comprehensive information package consisting of existing file information determined to be relevant to the perceived threat.

12. Prior to releasing the proposed comprehensive information package, the offender will be advised of the proposed release of the documents by providing him/her with a copy of the Notification of Provision of Information to Police Prior to Warrant Expiry Date (form CSC 1225). This notification will outline which reports that CSC plans to share with the police.

13. The offender will be provided with the opportunity to make representations on the appropriateness of the release of the proposed information, but shall be informed that only comments pertaining to the relevancy of the information as it relates to the threat he or she poses to any person will be considered.

14. The Institutional Head is responsible for the review and decision on any representations made by the offender, and for approval of the documentation to be included in the information package.

15. The Area Director is responsible for the timely sharing of the information package and for providing advice to the police with respect to possible ways in which the risk presented by the offender may be managed.

16. Where a release is imminent and a destination is determined within the 90-day period noted above, the comprehensive information package shall be simultaneously transmitted to the police and area parole office with jurisdiction. The Area Director shall initiate contact with the police to discuss the file as soon as is practicable.

17. Where the offender refuses to divulge his/her release destination, all possible effort will be made to determine the destination from other sources. When the release destination cannot be determined by any means, the information package shall be sent to the area office where the offender's most recent offence took place. If it is only known that the individual is going to a specific province, the police service responsible for provincial policing should be notified.

18. Decisions to publicly disclose any information or take any other actions are strictly within police jurisdiction. CSC staff may advise police in establishing their plan for the case. As required, the area parole office shall ensure that other professionals in the Service provide expertise in explaining the information provided and its application.

Provision of Information to Government, Non-Government Agencies or Individuals Responsible for Supervision and Related Services

19. Agencies or individuals shall be provided with comprehensive documentation on each offender referred to them for supervision, community assessment or residential services. This documentation shall be provided prior to the offender's release.

20. The Case Documentation Cover Sheet (form CSC 967) shall be used to identify the contents of files transmitted for agency referrals.

Provision of Information to Individuals Providing Support to the Offender

21. All persons in the community who will play a significant role in offering support to the offender upon his or her release shall be provided, on a need-to-know basis, with basic information regarding the offender's criminal background (nature of current and past offences) and present areas of critical concern. They shall also be fully briefed on the offender's release plan and their role in it. The fact that the sharing of information has occurred shall be documented.

Original signed by
Lucie McClung, Commissioner

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