COMMISSIONER'S DIRECTIVE

Security Classification and Penitentiary Placement

OBJECTIVES

1. To place offenders to the most appropriate institution and to contribute to their timely preparation for safe reintegration.

2. To ensure public safety as well as offender rights while meeting the offender's individual security requirements and program needs.

3. This CD is to be read in conjunction with CD 705 - Intake Assessment Process.

AUTHORITIES

4. Corrections and Conditional Release Act (CCRA), sections 28-30, section 40

Corrections and Conditional Release Regulations (CCRR), sections 11-12, sections 17-18

CROSS-REFERENCES

5. CD 006 - Classification of Institutions
CD 081 - Offender Complaints and Grievances
CD 710-2 - Transfer of Offenders

DEFINITIONS

6. Co-convicted offenders are offenders who were parties in the commission of an offence resulting in death or serious harm (CCRA Section 99), even though they may have been charged with different offences and received different sentences or may have been prosecuted at different times.

7. High Profile Offender - Offenders whose offence involved the death of or serious harm to other person(s) and received significant public attention or offenders whose offence was non-violent but generated significant media attention and/or a significant number of victims (e.g., a large scale multi-million dollar fraud).

8. Offender Security Level - A rating (minimum, medium or maximum) based on an assessment of the offender's institutional adjustment, escape risk and risk to public safety. This assessment, combined with the results of the Custody Rating Scale, enables CSC to place an offender at an institution which will provide the appropriate regime of control, supervision, programs and services consistent with his or her assigned security classification.

9. Custody Rating Scale (CRS) is a research-based tool to assist the Parole Officer/Primary Worker to determine the most appropriate level of security for the initial penitentiary placement of the offender or any subsequent readmission. The scale is completed by assigning scores to a number of factors on two dimensions: institutional adjustment and security risk.

ROLES AND RESPONSIBILITIES

10. Institutional Heads and District Directors are responsible for authorizing an offender's security classification. This authority may be delegated to the Deputy Warden or Area Director except in those cases where the security classification is related to a transfer decision and/or involves an offender serving a life sentence for first or second degree murder who is currently classified as maximum security.

11. Institutional Heads and District Directors must provide a specific rating in relation to "institutional adjustment", "escape risk" and "public safety" in every Offender Security Classification final decision. If the Institutional Head or District Director does not concur with the Assessment for Decision's recommended ratings, a specific rationale must be provided for the divergence from the recommendation.

12. Institutional Heads and District Directors are responsible for providing the offender with reasons as well as the information considered in making the decision, in writing within five working days. The offender will be advised, at the same time, of his or her right to seek redress using the grievance process (CD 081).

13. The Institutional Head will ensure the "High Profile Offender" flag is set in OMS for any offender who meets the definition outlined above.

14. The Institutional Head will implement a process to ensure that the procedures outlined in paragraphs 43 and 44 are followed when a high profile offender is being placed.

15. The Custody Rating Scale will be completed by the Parole Officer in the Temporary Detention Unit, where such facilities exist.

Centralized Intake Assessment Process

16. Where the intake assessment process is centralized, the Custody Rating Scale will be completed by the intake Parole Officer/Primary Worker.

17. The Parole Officer/Primary Worker in the Intake Assessment Units is responsible for completing an Assessment for Decision for initial security classification and penitentiary placement.

18. In regions with centralized Intake Assessment Units, the offender will be transferred from provincial custody upon the expiration of the 15-day delay, unless he or she waives the delay. The placement decision will be made at the Intake Assessment Unit.

19. Offenders who are revoked following a release will be sent to the intake unit or a temporary detention unit depending on regional practices.

20. Institutional Parole Officers/Primary Workers will complete a new Assessment for Decision (for security classification and placement) for all offenders whose release is revoked by the NPB.

De-centralized Intake Assessment Process

21. The community Parole Officer will complete the Custody Rating Scale for all new admissions within 5 working days from the sentencing date in those regions with de-centralized Intake Assessment Units.

22. If there is no temporary detention unit in the region or the offender is being directly placed to a penitentiary, the community Parole Officer is responsible for completing the Custody Rating Scale and an Assessment for Decision (for security classification and penitentiary placement) for all re-admissions to federal custody due to suspension/revocation of conditional release.

23. The placement decision, in regions without a centralized Intake Assessment Unit, will be made while the offender is in provincial custody and the offender will be transferred directly to federal custody and as soon as practical, to the placement institution.

24. The institutional Parole Officer/Primary Workers are responsible for reviewing the Custody Rating Scale previously completed by the community Parole Officer for completeness and accuracy. If necessary, the Custody Rating Scale will be done again at the end of the intake assessment process.

25. The Parole Officer/Primary Worker in the Intake Assessment Unit is responsible for completing the intake assessment and, if necessary, an Assessment for Decision for a transfer.

26. The placement decision, in regions without a Intake Assessment Unit, will be made while the offender is in provincial custody and the offender will be transferred directly to federal custody and as soon as practical, to the placement institution.

Women's Institutions

27. The community Parole Officer is responsible for completing the Custody Rating Scale for all women offenders while they are in provincial custody.

INITIAL SECURITY CLASSIFICATION AND PLACEMENT

28. The security classification of each offender will be determined at the time of initial placement and on any readmission and will be based on the results of the Custody Rating Scale, clinical judgement of experienced and specialized staff and psychological assessments, where required. The Parole Officer/Primary Worker will indicate in the Assessment for Decision that the Custody Rating Scale result is being used (see Annex E).

29. The Correctional Service of Canada (CSC) utilizes research-based tools in determining an offender's security level. Once the Custody Rating Scale is completed and locked, it must not be changed.

30. Psychological risk assessments will be completed during the intake assessment process for offenders serving life and indeterminate sentences where consideration is being given to placement at a medium security facility. This assessment will focus on risk and institutional adjustment including risk to the public, staff or offender safety and address behavioural needs to facilitate stabilization and adaptation. Where placement is to a maximum security facility, the psychological risk assessment will be completed as soon as possible following placement.

31. A placement recommendation is included in the same Assessment for Decision covering the security classification decision. When recommending a placement institution, the choice of institution will be the one that provides the least restrictive environment for the offender, taking into account, but not limited to, the following factors:

1. the safety of the public, the offender and other persons in the penitentiary;
2. the offender's individual security classification;
3. the security classification of the institution (CD 006);
4. accessibility to the offender's home community and family;
5. the cultural and linguistic environment best suited to the offender;
6. the availability of appropriate programs and services to meet the offender's needs;
7. the offender's willingness to participate in programs.

CUSTODY RATING SCALE

32. The Custody Rating Scale takes into consideration the following factors as required by s. 17 of the CCRR:

1. the seriousness of the offence committed by the offender;
2. any outstanding charges against the offender;
3. the offender's performance and behaviour while under sentence;
4. the offender's social, criminal and, where applicable, young-offender history;
5. any physical or mental illness or disorder suffered by the offender;
6. the offender's potential for violent behaviour; and
7. the offender's continued involvement in criminal activities.

33. The Parole Officer/Primary Worker scores each factor based on the information obtained from the offender during the Intake Assessment as well as from documents collected (e.g., FPS Sheet, Police Report). A guide for the completion of the Scale is contained in Annex A.

34. The security level cut-off scores in the Custody Rating Scale are as follows:

1. minimum security: less than 85 on the Institutional Adjustment dimension AND less than 63 on the Security Risk dimension;
2. medium security: between 86 and 94 on the Institutional Adjustment dimension and between 0 and 133 on the Security Risk dimension; OR between 0 and 85 on the Institutional Adjustment dimension and between 64 and 133 on the Security Risk dimension;
3. maximum security: greater than 95 on the Institutional Adjustment dimension OR greater than 134 on the Security Risk dimension.

35. In determining the security classification of Aboriginal offenders, staff will be sensitive to the spirit and intent of the Gladue decision and will take into consideration the following factors:

1. history of dislocation such as residential school experience or family history of residential school experience;
2. unemployment due to a lack of opportunity or options;
3. lack or irrelevance of education;
4. history of substance abuse;
5. history of systemic and direct discrimination;
6. history of previous experience involving restorative/community based sanctions;
7. history of participation in Aboriginal traditional teachings, ceremonies and activities;
8. history of living on or off reserves.

36. Security classification will be conducted in accordance with the requirements of section 18 of the CCRR. The Custody Rating Scale measures the categories set out in section 18 of the CCRR as follows:

1. Institutional Adjustment:  
   • history of involvement in institutional incidents;  
   • age at time of sentencing;  
   • length of current sentence;  
   • street stability;   
   • alcohol and drug use;
2. Escape Risk:   
   • escape history;   
   • most serious outstanding charge;  
   • previous periods on parole or statutory release;
3. Public Safety:  
   • street stability;   
   • alcohol and drug use;  
   • age at time of admission;  
   • number of previous convictions;  
   • severity of current offence;   
   • stability prior to current incarceration;  
   • previous periods of parole or statutory release.

37. The final assessment must address both the actuarial score and clinical factors. In the overall assessment of risk, clinical judgment will normally be anchored by the results of the Scale. Where variations occur (i.e. the actuarial measure is inconsistent with the clinical appraisal), it is important that the assessment specify why this is the case. The final assessment will conform with section 17 of the CCRR, by setting out the analysis under the three headings of institutional adjustment, escape risk and risk to public safety.

38. When an offender is re-admitted following suspension or revocation of his/her conditional release, the Custody Rating Scale will be completed as soon as possible.

PLACEMENT DECISION

39. Provide the offender the reasons for the proposed placement in writing two working days prior to the final decision and transfer to the assigned penitentiary.

40. The Institutional Head will consider any responses provided by the offender in the final penitentiary placement decision.

41. The offender may appeal the placement decision using the offender grievance process.

IPLACEMENT OF CO-CONVICTED OFFENDERS

42. The co-location of co-convicted offenders under current sentence for an offence resulting in death or serious harm may be considered to be detrimental to the rehabilitation and safe reintegration of one or more offenders or to the safety and security of the institution.

HIGH PROFILE OFFENDERS

43. If it is determined that the proposed placement is likely to generate significant public interest:

1. the Institutional Head will ensure that the Regional Administrators, Reintegration and Correctional Programs and Communications are advised of the upcoming placement of the High Profile Offender and that they are consulted about the preparation of a strategy and action plan regarding the placement;
2. the Parole Officer/Primary Worker, under normal circumstances, will complete a Memo To File in OMS titled "HIGH PROF" at least two weeks prior to the offender's placement, signed by the Institutional Head that includes at a minimum the following:
   1. the offender's name and FPS;
   2. a short summary of the case, including offence history;
   3. public interest in the case from the time of arrest to present;
   4. a short summary of the offender's classification history;
   5. a short summary of key assessments (psychological/psychiatric);
   6. concerns of probable interested parties and stakeholders (victims, police, community groups, individuals, etc.) and actions taken or anticipated to prepare community (any sensitive information should be documented in a Protected Information Report); and
   7. any community dynamics that could impact the situation.

38. The Institutional Head will ensure that an e-mail is distributed to the following persons alerting them to the completion of the Memo To File:

• Institutional Head of the receiving institution;

• Assistant Deputy Commissioner, Operations;
• Regional Administrator, Reintegration and Correctional Programs; and
• Regional Administrator, Communications;

• Deputy Commissioner for Women, where applicable;
• Executive Director, Executive Services;
• Assistant Commissioner, Correctional Operations and Programs (ACCOP);
• Assistant Commissioner, Communications and Citizen Engagement;
• Director General, Offender Programs and Reintegration; and
• National Director Media Relations.

Commissioner,

Original signed by
Keith Coulter

ANNEX A - CUSTODY RATING SCALE

INTRODUCTION

For all items in the Custody Rating Scale, no incidents or convictions will be counted if they occurred when the offender was under the age of 16.

OMS Location

The Custody Rating Scale is located in the Correctional Planning screen, under Custody rating scale or under Correctional Plan and Static Factor Summary.

PART I - INSTITUTIONAL ADJUSTMENT RATING

1. HISTORY OF INVOLVEMENT IN INSTITUTIONAL INCIDENTS

Definitions:

Last five years of incarceration: any accumulated period or periods of federal or provincial incarceration (including remand) in the offender's history that total five years or more, not just the five years immediately preceeding the current admission to federal custody.

Incidents: any actions or behaviours listed in Annex B that occurred prior to final penitentiary placement for the current sentence.

Serious physical injury: any injury as determined by Health Services personnel as having the potential to endanger life, or which results in permanent physical impairment, significant disfigurement or protracted loss of normal functioning. It includes, but is not limited to major bone fractures, the severing of limbs or extremities, and wounds involving damage to internal organs.

Instructions:

Incidents involving convictions in institutional court or outside court, and incidents contained in institutional security reports should be counted. For incidents in the provincial jurisdiction, find the offence in Annex B that most closely corresponds. Incidents occuring while the offender was in a youth facility (but not under the age of 16) should be included.

Where there is clear and substantial evidence to support that the offender was a victim of an assault or fight and not the aggressor, no score should be given .

With the exception of item 1a) as shown below, the remaining items are mutually exclusive, that is once you have chosen the response option appropriate to the incident, the same incident  is not applied to any other item under Institutional History.

Note:

• a) refers to any period of incarceration
• If a score is entered under b) c) or d), then a score of "2" must be entered under a) any prior involvement.

Note:

• Score only one of the above options & choose the option that yields the highest score.

Note:

• c) refers to any period of incarceration
• This includes “serious” incidents that occurred in the last five years of incarceration but that do not meet the criteria specified in 1 b).
• Also includes “serious” incidents in remand or intake on a prior admission.

Note:

• "serious" incidents while in remand, awaiting transfer to federal custody or in intake status on previously completed sentences are not scored here.

Sources of Information:

• FPS record
• Discipline and Dissociation file
• Security incident base (Security Information Reports)
• Provincial records/files
• Offender interview

2. ESCAPE HISTORY

Definitions:

Escape: includes only escapes from federal/ provincial/territorial correctional institutions or police/peace officer custody. It does not include leaving an open custody youth facility, a community residential facility or where an offender has been unlawfully at large from any form of community supervision, UTA or probation.

Last five years of incarceration: any accumulated period or periods of federal or provincial incarceration (including remand), in the offender's history that total five years or more, not just the five years immediately preceeding the current admission to federal custody.

Community Custody: escorted temporary absence from any level of security, including those involving peace or police officers.

Instructions:

Where charges were laid against the offender, it is not necessary that a court conviction be registered to count the incident of escape. When reviewing cases where the offender was charged with "escape lawful custody" or "unlawfully at large", count only those situations where the act leading to the charge was an escape from a federal or provincial institution, or from an escorted temporary absence from a federal or provincial institution.

Provincial or territorial designation of security levels maximum, medium and minimum is equal to the federal levels, except in the case of provincial jails and detention/remand centres which are considered to be maximum security for the purposes of scoring the CRS.

Escapes from provincial closed/secure custody youth facilities should be counted under category b.

Only the single highest score for any one item from 2a) to 2d) is entered on the Scale even though any number of them may be applicable to the offender.

Sources of Information:

• FPS record
• Discipline and Dissociation file
• Security incident base (Security Information Reports)
• Provincial records/files
• Offender interview
• Police reports

3. STREET STABILITY

Street stability refers to the evaluation of an offender's level of functioning in the community as it relates to socially and legally acceptable norms. In order that street stability can be assessed consistently and objectively, four specific key life style areas must be evaluated separately and a composite rating reflecting these areas determined.

Street stability is assessed against the offender population and not relative to non-criminal individuals. In addition it should be assessed relative to the community in which the offender was residing at the time the offence was committed. For example, if unemployment was relatively high in a particular community, the offender should be assessed against the employment opportunities in that community.

Where applicable and if completed as part of the current assessment the domain ratings from the OIA Dynamic Factor Analysis, Associates and Community Functioning domains can be used to support the Above Average (Factor Seen as an asset/No Immediate Need), Average (Some Need) and Below Average (Considerable Need) rating.

1. Employment/Education

CRS Guidelines

2. Marital/Family Adjustment

CRS Guidelines

3. Interpersonal Relationships

CRS Guidelines

4. Living Arrangements

CRS Guidelines

After having examined each lifestyle area, place the individual in the category that best describes the life circumstances prior to incarceration. An overall assessment should be made of the areas considered together.

Sources of Information:

• Police report(s)
• Presentence report
• Community Assessments
• Suspension report
• Offender interview

4. ALCOHOL/DRUG USE

Applicable results from the OIA Dynamic Factor Analysis (Substance Abuse) or other substance abuse assessment instruments can be used to support the No Identifiable Problem (No Immediate Need for Improvement), Abuse Affecting One or More Life Areas (Some Need) and Serious Abuse Affecting Several Life Areas (Considerble Need) ratings.

Sources of Information:

• Police report(s)
• Presentence report
• Community Assessments
• Suspension report
• Offender interview

5. AGE (AT TIME OF SENTENCING)

Select the score for the offender's age at time of sentencing for the current offence(s). When there is more than one current offence, take the earliest sentencing date.

Readmission:

For offenders returning on suspension with/without new convictions, use the executed suspension warrant date to calculate the offender's age.

For offenders returning on revocation without new offences, use the NPB revocation decision date as the date of sentencing to calculate the offender's age.

For offenders returning on revocation with new offences, use the date of sentencing on the new offences to calculate the offender's age.

PART II - SECURITY RISK RATING

1. NUMBER OF PRIOR CONVICTIONS

Definition:

Prior convictions: convictions other than the ones for which the offender is presently serving a sentence .

Instructions:

Convictions are counted separately only if they were awarded a consecutive sentence. All convictions that are dealt with by the imposition of concurrent sentences, even if they are different (e.g. false pretences and fraud), or occurred on different dates, are counted as a single conviction for the purpose of completing the Scale. Unless the conviction is stated as being consecutive, it is assumed to be concurrent. Convictions under the Juvenile Delinquents Act, Young Offenders Act or Youth Criminal Justice Act should be counted. No incidents or convictions will be counted if they occurred when the offender was under the age of 16.

Sources of Information:

• Canadian Police Information Centre
• FPS record

2. MOST SEVERE OUTSTANDING CHARGE

All outstanding charges at the time of admission on the offender's current sentence are to be identified. Using Annex C, determine which outstanding charge is the most severe, and enter only the score for that offence.

For suspension or revocation admissions, check for any outstanding charges and score accordingly. If parole has been revoked following the commission of an offence and the charges have not yet been dealt with by the courts, count the offence under this item. In situations where the police have informed CSC they are planning to charge an offender but have not yet done so, do not count the charge below. However, this may be an issue to take into account in the rationale for decision-making on placement.

Sources of Information:

• Sentence Management screen
• Canadian Police Information Centre
• FPS record

3. SEVERITY OF CURRENT OFFENCE

Using Annex C, determine which of the offender's current offences is the most severe. Choose the single highest score that applies to the offender.

Note that a revocation of parole or statutory release for technical violation counts as a current offence in the "minor or moderate" category.

Sources of Information:

• Sentence Management screen
• Warrant(s) of Committal
• Admission Form

4. SENTENCE LENGTH

This is the total aggregate sentence as calculated at admission to CSC. Life or indeterminate sentences are included in "more than 24 years".

Sources of Information:

• Sentence Management screen
• Warrant(s) of Committal
• Admission Form

5. STREET STABILITY

This item is to be rated following the same definitions and instructions provided previously for Institutional Adjustment Score - Street Stability (item 3). The only difference is in the scores assigned for each category.

6. PRIOR PAROLE AND/OR STATUTORY RELEASES (MANDATORY SUPERVISION)

Definition:

Parole Release: provincial or federal day or full parole.

Only federal SR/MS release are counted.

WED releases are not counted.

Instructions:

A calculation of the number of releases the offender has obtained throughout his or her criminal history is required. Whether or not the release was revoked is not relevant for the completion of this item.

Count only 1 release following a formal admission of any type. If an offender was released on a DP (the first release following a current admission), then received a DP "continued" followed by a FP decision, count only the 1 release on the first DP.

If an offender was released from federal custody on SR, then revoked (formally re-admitted) and then released on DP, count 1 SR release and 1 Parole release.

7. AGE AT TIME OF FIRST FEDERAL ADMISSION

If the current sentence is not the first federal sentence for this offender, enter his or her age at the time of admission for the first federal sentence on the record. If the current sentence is the offender's first federal sentence, use the age at the time of admission for the current sentence.

Choose the score that applies to the offender's age category.

FINAL SCORES AND SECURITY LEVEL RATING

OMS calculates the scores for Institutional Adjustment and Security Risk separately and then provides the security level rating (classification).

ANNEX B - OFFENCES COMMITTED WHILE INCARCERATED

Notes

1. When the offence is a conspiracy to commit another offence, use the offence that is the object of the conspiracy to score seriousness.
2. This list of offences is not exhaustive. Users should exercise judgement to find the offence on this list that is the closest approximation to the offence(s) committed by the offender.

Serious offences

Criminal Code of Canada

Institutional Offences

** CCRA = Corrections and Conditional Release Act

Moderate offences

Criminal Code of Canada

Institutional Offences

**CCRA = Corrections and Conditional Release Act

ANNEX C - MODIFIED CSC OFFENCE SEVERITY SCALE

Notes

1. Dangerous drugs = Heroin and other opiates/cocaine/PCP/LSD and other similar substances.
2. Assault Offences - Classify according to seriousness of the harm inflicted by the assault.
3. Any sexual offence involving a child victim is considered major.
4. If a parole violation is the result of a new offence, classify according to the new offence.
5. Conspiracy, attempt to commit and accessory before and after the fact are classified as the actual offence.
6. This list of offences is not exhaustive. Users should exercise judgement to find the offence on this list that is the closest approximation to the offence(s) committed by the offender.
7. As a general principle, do not ignore information that is not on the official record. For example, where the FPS indicates assault, but other reliable sources allow us to determine that the offender actually committed a sexual assault, treat the offence as a sexual assault and score accordingly.

Extreme Offences severity

Major Offences severity

Serious Offences severity

Moderate Offences severity

Minor Offences severity

ANNEX D - PROCEDURES FOLLOWING THE CAPTURE OF AN OFFENDER WHO HAD ESCAPED OR WAS UNLAWFULLY AT LARGE

Following the capture of an offender who has escaped or who is unlawfully at large, he or she will be detained at an institution, at the appropriate security level, in the region of the arrest pending arrangements for readmission to a specific institution.

An offender who has escaped or who has been unlawfully at large and is recaptured/returned to federal custody should not normally be the subject of an involuntary transfer process, simply to return him to the Region from which he escaped or to be placed at the appropriate level of security. The offender is being brought back into the system to satisfy the remainder of his sentence and should be classified through the application of the Custody Rating Scale. Should the offender request to return to the Region from which he escaped, he may apply for a voluntary transfer which will be decided upon on the basis of its own merits. Before effecting any transfer, all outstanding judicial matters, if applicable, will normally have been resolved.

The institutions, intake assessment units or reception units who receive offenders from the police or provincial authorities determine the need for a complete new Intake Assessment. There are those cases where the offender has either been at large for an extended period or in which circumstances warrant potential referrals to the Intake Assessment Unit for a more comprehensive re-evaluation of the offender's static and dynamic factors. These criteria can be found in CD 705, "Intake Assessment Process ", paragraphs 29 to 31. These criteria should be applied to offenders recaptured following escape as well as those readmitted following conditional release.

The Region in which the offender has been recaptured becomes responsible for the offender once he is in custody and the Region from which he escaped retains no “ownership” of the offender. The Region in which the offender is recaptured is responsible for determining the appropriate placement and security level.

Annex E - Content Guidelines for Security Classification
and Penitentiary Placement Report

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