TRANSFER OF OFFENDERS

Authorities

Sections 28 and 29 of the Corrections and Conditional Release Act

Sections 11 to 16 of the Corrections and Conditional Release Regulations

Cross-References

Subsection 27(3) of the Corrections and Conditional Release Act

Commissioner’s Directive 006 -Classification of Institutions
Commissioner’s Directive 081 -Offender Complaints and Grievances
Commissioner’s Directive 084 -Offender’s Access to Legal Counsel
Commissioner’s Directive 087 -Official Languages and Services Provided to Offenders and the General Public
Commissioner's Directive 095 -Information Sharing with Offenders
Commissioner’s Directive 540 -Transfer of Offenders
Commissioner’s Directive 541 -Interjurisdictional Transfers
Commissioner’s Directive 542 -International Transfers
Commissioner’s Directive 550 -Inmate Accommodation
Commissioner’s Directive 551 -Special Handling Unit

THESE SOP MUST BE READ IN CONJUNCTION WITH COMMISSIONER'S DIRECTIVE 540

GENERAL TRANSFER PROCESS

1 The transfer of offenders can be initiated for one or more of the reasons set out in Annex 700-15A of these SOP.

2 While the specifics for each type of transfer are outlined in these Standard Operating Practices (SOP), the general transfer process which shall be adhered to by the person responsible for the case preparation is as follows:

1. Review the transfer application taking into consideration:
   • The factors outlined in section 28 of the Corrections and Conditional Release Act;
   • The offender's progress towards meeting the objectives set out in his or her Correctional Plan;
   • The offender's security classification;
   • The availability of programs at the proposed receiving institution that address the offender's primary dynamic factors and whether these services are available in the official language of his or her choice. In the case of all transfers, with the exception of intra-regional emergency transfers, a case conference with the designated person at the proposed receiving institution is required and must be documented in the Assessment for Decision (refer to content guidelines);
   • The up-to-date Community Assessment (CA) to confirm the presence and level of support must be available when the purpose of a transfer is to gain access to community support. If a current Community Assessment exists on file, a telephone call to confirm continued community support may be sufficient.
2. Interview the offender to:
   • Evaluate his or her performance against the objectives identified in the Correctional Plan;
   • Make him or her aware of the programs and services available at the proposed institution;
   • Explain any behavioural expectations associated with a transfer to a different security level, as outlined in Commissioner's Directive 006, "Classification of Institutions".
3. Complete the Correctional Plan Progress Report (CPPR) (only if a Community Assessment or changes to ratings are required) and the Assessment for Decision (refer to content guidelines in Annex 700-15A).
4. Submit the Correctional Plan Progress Report and the Assessment for Decision to the person responsible for quality control.
5. Submit the transfer submission for review by a Unit Board responsible for making a recommendation to the institutional head.

SPECIFIC TYPES OF TRANSFERS AND RELATED PROCEDURES ⁽¹⁾

PENITENTIARY PLACEMENT (PLACEMENT AFTER WARRANT OF COMMITTAL ADMISSION OR ANY READMISSION)

3 The Custody Rating Scale (CRS) is used to assist the Parole Officer to determine the most appropriate level of security for the penitentiary placement. The Custody Rating Scale scores, the recommended security level as well as the recommended placement shall be included in the Assessment for Decision.

4 The offender must be given the reasons in writing for the proposed placement, and all the information considered in the making of the decision or a summary thereof, at least two working days prior to the final decision on the placement and transfer to the assigned penitentiary. In cases where the offender indicates in writing that he or she does not wish to provide a rebuttal, a decision may be rendered immediately and the transfer effected.

⁽¹⁾ When a delay is provided to allow an offender to submit his or her comments on a proposed transfer, this delay can be cancelled if, and only if, the offender waives the delay in writing.

VOLUNTARY TRANSFERS

5 Voluntary transfers must be initiated by the offender.

6 The Assessment for Decision shall be completed within 30 days of the offender's application.

Transfers to a regional health/psychiatric centre

7 Prior to a transfer to a regional health/psychiatric centre to participate in a program or an assessment or to receive health care services, the offender shall be clearly informed that upon completion of the program or assessment or the provision of the required health services, he or she will be returned to his or her parent institution. Furthermore, the offender shall be advised that failure to fully participate in programming, in cases where that is the purpose of the transfer, may result in a discharge from the program and return to his or her parent institution. In some cases, it may be necessary to temporarily house an offender in another institution for a short period of time before returning him or her to the parent institution. Every movement between institutions requires a transfer warrant.

8 Should the regional health/psychiatric centre, following consultation with the parent institution, wish to transfer the offender to an institution other than the parent institution, the procedures and timeframes associated with the type of transfer will apply.

INVOLUNTARY TRANSFERS

9 The Assessment for Decision shall be provided to the offender at the same time as the offender is provided with written notification of a recommendation for an involuntary transfer. However, in the case of an emergency transfer, the Assessment for Decision must be completed at the earliest possible time within 2 working days following the offender's emergency transfer.

Access to Legal Counsel

10 When an involuntary transfer is proposed, an offender shall be advised, in writing, of his or her right to legal counsel without delay. Without delay means immediately unless there are compelling circumstances preventing immediate action and in those circumstances the delay cannot be more than 24 hours.

Notice of Involuntary Transfer Recommendation

11 The Notice of Involuntary Transfer Recommendation shall normally be used to notify the offender of the reasons and destination of the proposed transfer.

12 The Notice of Involuntary Transfer Recommendation, which is provided to an offender, must contain enough information to allow the offender to know the case against him or her. The offender must be in a position to be able to respond to the recommendation for an involuntary transfer. To meet this standard, the details of the incident(s) which prompted the transfer recommendation must be provided to the greatest extent possible. This may include providing the offender with the following information regarding the incident(s): where it occurred, when it occurred, against whom it occurred, the extent of injury or damage which resulted, the evidence or proof of its occurrence, and any further relevant information which may elaborate on the incident(s). In cases where sensitive information exists which cannot fully be shared, the offender shall be provided with a gist.

13 In those cases where the decision-making authority is considering a transfer to a different institution from that identified to the offender in the notice of transfer recommendation, a second notification must be provided. The offender shall again be provided with the opportunity to respond, in writing or in person, to the recommendation.

14 A copy of the Correctional Plan Progress Report (if prepared) and Assessment for Decision prepared for the transfer recommendation shall be attached to the Notice of Involuntary Transfer Recommendation and a copy provided to the offender. The Notice of Involuntary Transfer Recommendation will make specific reference to the Correctional Plan Progress Report and Assessment for Decision as supporting documents for the transfer recommendation.

Non-Emergency Involuntary Transfers

15 In accordance with section 12 of the CCRR, the institutional head or a staff member designated by the institutional head shall:

1. advise the offender, in writing, of the reasons for and destination of the proposed transfer;
2. provide the offender two (2) working days or longer as is appropriate to prepare a response to the proposed transfer;
3. meet with the offender to explain the reasons for and give him or her an opportunity to respond to the proposed transfer, in person or, if the offender prefers, in writing. In case where the offender responds in person, his or her response must be documented in the Offender Management System (OMS) in a "Casework Record - Rebuttal";
4. forward the offender's response to the appropriate decision-maker (refer to Annex "A" of Commissioner's Directive 540);
5. give the offender written notice of the final decision and the reasons for the decision:
   • at least two (2) days before effecting the transfer, unless the offender consents to a shorter period or waives the two-day period (in such cases, the offender's consent shall be recorded on the Notice of Involuntary Transfer Decision);
   • within five (5) working days of the decision being made, if the final decision is not to transfer the offender.

Emergency Involuntary Transfers

16 In accordance with subsection 13(2) of the CCRR, where an involuntary transfer takes place without prior notification to the offender, the institutional head of the receiving institution or a staff member designated by the institutional head shall:

1. meet with the offender within two (2) working days of his or her placement in the receiving institution to explain the reasons for the transfer and provide him or her with the written Notice of Involuntary Transfer Recommendation the Correctional Plan Progress Report (if prepared) and the Assessment for Decision;
2. provide the offender two (2) working days or longer as is appropriate to respond to the proposed transfer, in person or, if the offender prefers, in writing. In cases where the offender responds in person, his or her response must be documented in the Offender Management System in a "Casework Record - Rebuttal";
3. forward the offender's response to the appropriate decision-maker (refer to Annex "A" of Commissioner's Directive 540);
4. give the offender written notice of the final decision and the reasons for the decision within five (5) working days of the decision being made.

17 In emergency situations, the institutional head may effect a transfer to another institution in the same Region, by issuing a warrant under his or her signature, following notification to the designated individual at Regional Headquarters. In the case of an intra-regional emergency transfer where it is not possible to reach the regional authorities, the institutional head may issue the warrant under his or her own authority and shall notify Regional Headquarters at the first opportunity. In addition, the sending institution shall notify the receiving institution of the transfer before it is effected.

18 Although it may not be feasible to hold a case conference between institutions prior to the offender's transfer, one should take place as soon as possible after the transfer is effected.

19 Inter-regional involuntary emergency transfers may be effected after consultation between the sending and the receiving Regions.

For Placement to the Psychiatric/Treatment Centre/Mental Health Unit After Assessment

20 In accordance with section 14 of the CCRR, where an offender has been transferred to the psychiatric or treatment centre for assessment purposes and after the assessment, a recommendation is made to keep the offender in that centre, the head of that centre or a staff member designated by the institutional head shall:

1. give the offender written notice of the recommendation including the reasons for the recommendation;
2. give the offender two (2) working days or longer as is appropriate to prepare a response to the proposed placement;
3. meet with the offender to explain the reasons for and give him or her an opportunity to respond to the recommendation, in person or, if the offender prefers, in writing. In cases where the offender responds in person, his or her response must be documented in the Offender Management System in a "Casework Record - Rebuttal";
4. forward the offender's response to the clinical director or the institutional head of the centre;
5. give the offender written notice of the final decision and the reasons for the decision within two (2) working days of the decision being made.

SPECIAL HANDLING UNIT (SHU) RELATED TRANSFERS

For Assessment Purposes to the SHU or Emergency Transfers to the SHU for Non-Assessment Purposes

21 Depending on the nature of the involuntary transfer for assessment purposes to the SHU, emergency or non-emergency transfer procedures will apply as will the timeframes.

22 In the case of transfers to the SHU, the decision to transfer is made by the Regional Deputy Commissioner of the sending Region. As such, where an offender responds to the transfer to the SHU, his response shall be forwarded to the regional decision-maker of the sending Region.

For Placement to the SHU after Assessment

23 In accordance with section 14 of the CCRR, where an offender has been transferred to the SHU for assessment purposes and after the assessment, a recommendation is made by the Assessment and Program Committee to keep the offender in that institution, the head of that institution or a staff member designated by the institutional head shall:

1. give the offender written notice of the recommendation including the reasons for the recommendation;
2. give the offender two (2) working days or longer as is appropriate to prepare a response to the proposed placement;
3. meet with the offender to explain the reasons for and give him an opportunity to respond to the recommendation, in person or, if the offender prefers, in writing. In cases where the offender responds in person, his response must be documented in the Offender Management System in a "Casework Record - Rebuttal";
4. forward the offender's response to the SHU Advisory Committee as identified in Commissioner's Directive 551, "Special Handling Unit";
5. give the offender written notice of the final decision and the reasons for the decision within two (2) working days of the decision being made.

24 The decision to place an inmate in the SHU after assessment shall be made by the Senior Deputy Commissioner on the recommendation of the SHU Advisory Committee.

For Transfers out of the SHU

25 The Senior Deputy Commissioner has the authority to determine when and to what institution an offender shall be transferred from the SHU. These decisions are based on the Program and Assessment Committee's assessment of risk and conditions that have to be met by the offender for safe and successful reintegration into the receiving institution and/or the community.

26 Depending on the type of transfer, the timeframes for voluntary or involuntary intra- or inter-regional transfers will apply.

INTER-REGIONAL TRANSFERS

27 Inter-regional transfers shall usually be initiated:

1. to provide the offender access to his or her home community or to a compatible environment or to facilitate a confirmed release plan. In such cases, an up-to-date Community Assessment confirming positive community support must be available;
2. to facilitate the offender's achievement of objectives outlined in his or her Correctional Plan;
3. to alleviate the segregated status of offenders where all alternatives to segregation in the sending Region have been exhausted. In cases where the offender has been in segregation for 120 days or more and is willing to enter the general population in an institution in another Region, regardless of whether or not he or she has any community support, an inter-regional transfer will normally be approved. In such cases, the Assessment for Decision must provide a detailed account of the alternative measures taken before recommending an inter-regional transfer.

28 At the time of his or her application for an inter-regional transfer, the offender may indicate a preference but should be advised that it is up to the receiving Region to determine the placement institution once the inter-regional transfer has been approved. The determination of the receiving institution will be based on an assessment of the factors outlined in section 28 of the Corrections and Conditional Release Act.

29 In addition, at the time of the application for an inter-regional transfer, the segregated offender shall be advised that refusal to enter or failure to integrate into the general population at the receiving institution may result in his or her transfer to another institution or Region.

TRANSFERS FOR JUDICIAL REVIEW

30 For the purposes of a Judicial Review hearing, an offender shall be transferred to an institution which is in proximity to the Court provided that:

1. the offender has indicated, in writing, an intention to apply for Judicial Review within approximately one year (of the judicial review eligibility date);
2. the transfer is voluntary;
3. the transfer occurs far enough in advance of the offender's anticipated Judicial Review to ensure proper preparation for his or her case with legal counsel.

31 Offenders shall normally be returned to the sending institution upon the completion of the Judicial Review. Application to remain at the receiving institution or transfer to another institution may be made utilizing the relevant transfer process. The institution where the offender is accommodated is responsible for completing the required casework.

TRANSFERS FOR ATTENDANCE AT OTHER JUDICIAL PROCEEDINGS

32 In the absence of a court order, the institutional head may authorize the voluntary transfer of an offender to another penitentiary or to a provincial correctional facility where the transfer is necessary to facilitate the offender's attendance at a judicial proceeding.

33 With respect to a transfer to a provincial facility, the procedures outlined in Commissioner's Directive 541, "Interjurisdictional Agreements" will apply.

INTER-JURISDICTIONAL TRANSFERS / EXCHANGE OF SERVICE AGREEMENTS

34 This section must be read in conjunction with Commissioner's Directive 541 and applicable exchange of services agreements.

35 At such time as a federal offender is transferred to a provincial/territorial institution, the following minimum documentation, where completed, shall accompany the offender:

1. Case Documentation checklist;
2. Penitentiary Placement Report/Offender Intake Assessment;
3. Police Report(s) for all current offences;
4. Post-Sentence Community Assessment Report;
5. Criminal Profile Report;
6. Correctional Plan;
7. sentence calculation;
8. any Preventive Security information;
9. medical and psychological reports;
10. FPS Summary; and
11. All trial related reports and documentation.

INTERNATIONAL TRANSFERS

36 For information on International Transfers, please refer to Commissioner's Directive 542, "International Transfers" and the Transfer of Offenders Act and its related treaties.

DECISION-MAKING PROCESS

37 The transfer documentation to be considered by the decision-maker shall include, but is not limited to the following (excludes initial or post-suspension placements):

• The offender's application (voluntary transfer only)
• Notice of Involuntary Transfer Recommendation (in cases of involuntary transfer)
• The offender's written response, or a summary of the offender's oral response (in cases of involuntary transfers)
• Relevant copies of observation reports, institutional charges, logbook entries and casework records;
• Correctional Plan Progress Report and the Assessment for Decision (including a gist of the Preventive Security information);
• Correctional Plan/Criminal Profile Report;
• Transfer Referral Decision Sheet;
• Medical and Health Care Services Administrative Summary (if related to the transfer);
• Information to confirm community support when community support is required;
• Other, if applicable (e.g. psychological assessments).

Intra-Regional Transfers

38 In the case of an intra-regional transfer, the Correctional Plan Progress Report, the Assessment for Decision (linked to that Report) and the relevant documentation shall be submitted to the institutional head of the sending institution. The Institutional head of the sending institution shall make a decision as soon as possible, but no later than the timeframes outlined in Commissioner's Directive 540, upon receipt of the Unit Board recommendation and all necessary documentation.

39 Once the transfer has been approved, the Institutional head or the designate of the sending institution will advise the Institutional head or the designate of the receiving institution that a decision has been made to transfer the offender to their facility.

40 The transfer shall be effected as soon as possible following approval, with the exception of non-emergency involuntary transfers, where the offender must be provided with the written notice of the final decision at least two days before the transfer can be effected (unless the offender waives).

Inter-Regional Transfers

41 All contacts within and between the Region(s) and coordination of the transfer documentation shall be the responsibility of the Regional Transfer Officer (RTO) or the person identified to carry out those duties.

42 In the case of an inter-regional transfer, the Correctional Plan Progress Report, the Assessment for Decision (linked to that Report) and the relevant documentation, including the recommendation of the institutional head of the sending institution, shall be forwarded to the Regional Transfer Officer of the sending Region. The transfer request shall be reviewed and either not approved, in which case the offender shall be informed of the decision, or forwarded to the proposed receiving Region.

43 The Regional Transfer Officer of the receiving Region shall review the transfer documentation and assess the validity of the proposed transfer request as it relates to community support and program availability and provide the decision-maker with a written assessment of the feasibility of the proposed transfer. In doing so, the receiving Region shall consult with the proposed receiving institution and note their comments in the written assessment.

44 In cases where the receiving Region is in agreement with the proposed transfer requested by the offender and recommended by the sending Region, the receiving Region shall approve the transfer and notify the sending Region.

45 In cases where the receiving Region proposes a transfer to an institution other than the one requested by the offender and recommended by the sending Region, the receiving Region shall contact the sending Region who will determine whether the offender is willing to submit a transfer application to the suggested facility. In cases where the offender agrees, a new application shall be forwarded to the receiving Region who will then approve the transfer. In cases where the offender disagrees with the proposed institution, the receiving Region shall be informed and make a decision.

46 In cases where the receiving Region is not in agreement with the proposed transfer, it must provide, in writing, the reasons for the decision, which shall be forwarded to the sending Region and shared with the offender.

47 In every case, the offender shall be advised in writing of the decision and reasons as per the timeframes outlined in Annex "B" of Commissioner's Directive 540.

48 Once an inter-regional transfer has been approved, the Regional Transfer Officer of the sending Region shall ensure that the offender's name is placed on the inter-regional flight list, as required, and the transfer is effected as soon as possible.

Notification of Decision to Offender

49 In all placement and transfer decisions as well as security classification decisions where the security classification and transfer are interrelated, the reason(s) shall be recorded and provided to the offender within the applicable timeframes. The letter of notification shall clearly identify the reasons upon which the decision was based. In cases of involuntary transfer, where the offender has submitted a written response to the transfer and/or the security classification recommendation, the letter shall clearly indicate that the response and its content were considered by the decision-maker. The offender will be advised of his or her right to file a grievance.

TRANSFER RELATED PROCEDURES

Documentation Accompanying Transferred Offenders

50 All files will be sent with the offender at the time of any transfer. In emergency situations, the Transfer Warrant, Health Care, Psychology and Preventive Security files will accompany the offender. The remaining offender files are to be transmitted to the receiving Institution the next working day.

51 Where the circumstances warrant, the sending institution shall highlight any potential problems (such as medical or security concerns) for the receiving institution.

Translation of Transfer Documentation

52 The transfer of an offender shall not occur until such time as all transfer documentation (any report outlined in paragraph 35, including any other report not on the list, which is provided to the decision-maker) has been translated into the majority official language of the receiving institution. An exception may be made in the case of transfers for emergency purposes; however, translation must be completed immediately following the transfer.

53 The sending institution is responsible for ensuring that the relevant documents are translated.

Redress

54 Offenders shall be advised, in writing, of the applicable grievance procedure available in the case of an unfavourable placement or transfer and security classification decision, along with the reasons for the decision.

55 Offenders grieving inter-regional transfer decisions shall have their grievances referred directly to the National Headquarters level, except in cases where the institutional head has denied a request for a voluntary transfer. In such cases, the grievance shall be forwarded to the Regional Headquarters level.

56 Offenders grieving intra-regional transfer decisions shall have their grievances referred directly to the Regional Headquarters level except in those cases where the original decision was made by the Regional Deputy Commissioner. In such instances, the grievances shall be referred directly to the National Headquarters level. In cases where the final decision was made by a delegate of the Regional Deputy Commissioner, the grievance shall be referred to the Regional Deputy Commissioner.

Notification of Location

57 Every offender may inform, by telephone, anyone on his authorized call list or his lawyer of his or her admission to an institution or his or her transfer to another institution. Should the offender be incapable of making the communication himself, the information shall be communicated to the designated person by institutional authorities, providing that the offender has so requested. Where the offender is capable of doing so, the request shall be submitted in writing.

Orientation

58 Upon arrival at the placement institution or, in the case of transfer, the receiving institution, the offender shall be provided with counselling regarding adjustment to the specific institution and information about the physical setting, program opportunities and regulations specific to that institution, including how to obtain access to certain types of information. This orientation shall normally be completed within one week of the offender's placement or arrival at the institution.

Acting Commissioner,

Original signed by :
Don Head

ANNEX 700-15A - CONTENT OF THE ASSESSMENT FOR DECISION

Timeframes for completion of the Assessment for Decision are as follows:

Voluntary Transfers - within 30 days of the offender's application.

Involuntary Transfers - at the same time as the offender is provided with written notification of a recommendation for an involuntary transfer. However, in the case of an emergency transfer, the Assessment for Decision must be completed at the earliest possible time within two (2) working days of the offender's emergency transfer.

Any divergence of opinion among the staff participating in the assessment shall be clearly indicated. The dissenting opinion and the rationale for it shall be identified so that the decision-maker is aware of the difference of opinion.

A copy of the Correctional Plan Progress Report and the Assessment for Decision as well as any other documents that are going to be used for decision purposes must be shared with the offender prior to the decision.

* The General Statistical Information on Recidivism Scale does not apply to women offenders and aboriginal offenders.

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