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COMMISSIONER'S DIRECTIVE
TRANSFER OF OFFENDERS
[
Policy Objectives | Authorities | Cross-References | Definitions | Principles | Roles and Responsibilities | Transfers | General Transfer Process | Information Sharing | Voluntary Transfers | Involuntary Transfers | Emergency Involuntary Transfers | Inter-Regional Transfers | Approval of Intra-Regional Transfers | Transfers to and from the Special Handling Unit (SHU) | Transfers to and from a Section 81 Healing Lodge | Transfers to a CSC Regional Health/Psychiatric Centre | Interjursidictional Transfers | Transfers for Judicial Review | Transfers for Attendance at Other Judicial Proceedings | National Parole Board Notification | High Profile Offenders | Documentation Accompanying Transferred Offenders | Translation of Transfer Documentation | Notification of Location ]
Annex A - Transfer of Offenders - Delegation of Authority Annex B - Transfer of Offenders - Offender's Notification of Decision Annex C - Content Guidelines - Assessment for Decision for Transfers
POLICY OBJECTIVES1. To transfer offenders to meet their individual security requirements and program needs while ensuring public safety and the protection of offender rights. 2. To ensure public safety by transferring offenders to an environment most suitable to addressing their risks and needs. AUTHORITIES
3. Corrections and Conditional Release Act (CCRA):
Corrections and Conditional Release Regulations (CCRR): CROSS-REFERENCES
4.
Subsection 27(3) of the CCRA CD 541 - Interjurisdictional Agreements DEFINITIONS5. Emergency Transfers may be voluntary or involuntary and are used when there is risk to the public, staff or offenders that cannot be managed within the current site. 6. 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). 7. Involuntary Transfers are transfers initiated by CSC for reasons stated in section 28 of the CCRA. 8. Population Management Committee: committee responsible for the coordination of inter-regional and international transfers and for resolving disputes related to transfers. Membership of the Committee is determined by the Senior Deputy Commissioner. 9. SHU National Advisory Committee is authorized to make recommendations to the Senior Deputy Commissioner or his/her alternate as designated by the Commissioner. Its membership includes a Senior Advisor, who is a manager from National Headquarters; the SHU's Case Management Coordinator as Permanent Secretary; at least two institutional heads of maximum-security institutions from two different regions, and a person external to the CSC appointed pursuant to section 4(f) of the CCRA. 10. Voluntary Transfers are initiated by the offender who is requesting to be moved to another penitentiary. PRINCIPLES11. Transfers must be carried out in a fair, efficient and secure manner while meeting the requirements and rights of the offender and ensuring the protection of the public. 12. Offenders are placed and transferred to the least restrictive security level as appropriate for the safety of the public, staff members and offenders and the security of the penitentiary. Additional considerations for transfer include: accessibility to the person's home community and family, a compatible cultural and linguistic environment, and the availability of appropriate programs and services and the person's willingness to participate in those programs. 13. The principles of the duty to act fairly and of fundamental justice to provide an offender the opportunity to respond in an informed manner to the notice of transfer must be strictly adhered to. 14. The offender is provided with all information used in making the decision about the transfer, unless it is necessary to withhold information to protect the safety of any person, the security of a penitentiary or the conduct of any lawful investigation. ROLES AND RESPONSIBILITIES15. The Regional Deputy Commissioner will designate a person at Regional Headquarters who can be contacted in the case of emergency transfers and inter-regional transfers. 16. The Institutional Head will ensure that offenders are advised in writing of the applicable grievance procedures related to transfers (CD 081 - Offender Complaints and Grievances). 17. The Institutional Head will ensure that a person(s) is assigned to receive the incoming transfer notifications. 18. The person reviewing the incoming transfer notifications will be the contact person for case conferences on behalf of either the sending or proposed receiving institution. 19. Institutional Heads will ensure that offenders are notified of the final transfer decision and associated reasons within the timeframes outlined in Annex B, Transfer of Offenders - Offender's Notification of Decision. 20. The Institutional Head will ensure that offenders are provided access to legal counsel without delay when required (CD 084 - Inmates' Access to Legal Assistance and the Police). 21. The Institutional Head will ensure the "High Profile Offender" flag is set in OMS for any offender who meets the definition outlined above. 22. The Institutional Head will implement a process to ensure that the process regarding the review of high profile offenders is followed when a high profile offender is being considered for a transfer to another institution. 23. Institutional Heads of sending institutions will ensure that all outstanding reports that will be required within 30 days of transfer of an offender will be completed by the sending institution staff. TRANSFERS24. Every movement between institutions require a transfer warrant, with the exception of:
25. The authority regarding the transfer decision and the issuance of a transfer warrant is delegated as outlined in the attached Annex A, Transfer of Offenders - Delegation of Authority. 26. Timeframes for transfers are identified in Annex A. 27. Normally, offenders transferred to regional health/treatment centres will return to their parent institution after completion of assessment or treatment. 28. Upon completion of an assessment or treatment program at a treatment centre, offenders may apply to transfer to another institution (other than the parent institution). Consultation with the offender's Parole Officer/Primary Worker from the parent institution is required. If the offender has been at the treatment centre for 60 days or less, the parent institution is responsible for completing the casework. 29. Refer to CD 704 - International Transfers and the International Transfer of Offenders Act for international transfers. GENERAL TRANSFER PROCESS30. The documentation to be considered by the decision-maker regarding the transfer of an offender includes, but is not limited to the following (excludes initial or post-suspension placements):
31. The appropriate decision-maker will render their decision within the timeframes identified in the Annex A. 32. The Institutional Head of the sending institution will ensure that within 24 hours prior to effecting a transfer, communication has occurred between the sending and receiving institutions to confirm that there is no new information regarding risk and needs that would impact on the viability of the transfer. INFORMATION SHARING33. Offenders will be provided with confidential and preventive security information to the fullest extent possible when it impacts on an application for a voluntary transfer or is to be considered in an involuntary transfer recommendation. Refer to CD 701, Annex B - How to Prepare a Gist.VOLUNTARY TRANSFERS34. The Assessment for Decision for voluntary transfers will normally be completed within 30 calendar days of the offender's application. 35. The exception will be where a Community Assessment (CA) is required when the reason for transfer is to gain access to community support. 36. Institutional Parole Officer/Primary Worker reviews the transfer application, considering:
37. The institutional Parole Officer/Primary Worker interviews the offender to:
38. Offenders serving a life sentence for first or second degree murder placed in a maximum security facility who are being considered for transfer to a medium security institution will require an updated psychological assessment or a full psychological assessment if the previous assessment is more than two years old. The focus of the second assessment will be on the progress that the offender has made since initial placement, in addition to addressing any outstanding risk/need factors 39. The Institutional Parole Officer/Primary Worker completes the Correctional Plan Progress Report (CPPR) (only if changes to ratings are required) and the Assessment for Decision (refer to Annex C). 40. Any dissenting opinions among staff participating in the assessment will be clearly identified. 41. The Unit Manager/Team Leader reviews transfer submissions and makes recommendations to the Institutional Head. 42. For all intra-regional 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). 43. There may be reasons to accommodate an offender in a facility of a security level different than the offender's security classification. Any such instances will be clearly justified and documented. 44. If a transfer is denied, any subsequent review of a transfer application to the same institution does not have to be conducted more than once every six months unless there is new information to support a new application. INVOLUNTARY TRANSFERS45. When an involuntary transfer is proposed, an offender will 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. 46. Advise the offender, using the Notice of Involuntary Transfer Recommendation (CSC/SCC 0893e) (or letter of withdrawal of support in the case of transfers from a section 81 Healing Lodge), of the reasons for and destination of the proposed transfer. 47. The Notice of Involuntary Transfer Recommendation (CSC/SCC 0893e) (or letter as above) will include details of the incident(s) or information which prompted the recommendation for transfer, including 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). 48. The Institutional Head or designated staff person will meet with the offender to explain the reasons for the proposed transfer and give him, or her, an opportunity to respond to the transfer, in person or, if the offender prefers, in writing. Where the offender responds in person, document his or her response in the Offender Management System (OMS) in a "Casework Record - Rebuttal". 49. Provide the offender two working days to prepare a rebuttal to the proposed transfer. Institutional Heads can grant an extension of up to ten working days for the offender to submit the rebuttal. The Institutional Head will decide about the extension within one working day of receiving the request. 50. Forward the offender's response to the appropriate decision-maker (refer to Annex A), along with a copy of the CPPR (if a new one is required) and Assessment for Decision. The Notice of Involuntary Transfer Recommendation (CSC/SCC 0893e) will be imported into the Assessment for Decision. If the reasons for the transfer are detailed enough in the Notice, there is no need to repeat the same information in the body of the report. A reference to the Notice would be sufficient. 51. Should the destination institution change prior to transfer, a second notification must be provided and the offender is given opportunity to respond (in writing or in person) to the recommendation. The process and timeframes begin again. 52. The Assessment for Decision and the Notice of Involuntary Transfer Recommendation (CSC/SCC 0893e) are provided to the offender to inform him or her of the reasons and destination of the proposed transfer. 53. Give the offender written notice of the final decision and the reasons for the decision, via the CSC Board Review/Decision Sheet, and provide him or her with copies of the CPPR and Assessment for Decision, at least two working days before the transfer, unless the offender consents to a shorter period or waives the two-day period on the Notice of Involuntary Transfer Decision. The preceding documents will be provided to the offender within five working days of the decision being made if the final decision is not to transfer the offender. EMERGENCY INVOLUNTARY TRANSFERS54. When an emergency involuntary transfer takes place, an offender will 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. 55. 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 will:
56. The Institutional Head of the sending institution will issue and sign the Transfer Warrant. When the offender is being transferred from a section 81 Healing Lodge, the Director of the Healing Lodge will issue a letter withdrawing support to the offender. This letter will be used in place of a transfer warrant. 57. The Institutional Head will ensure that the designated individual at Regional Headquarters and the receiving institution are notified prior to (or at the first possible opportunity) transferring an offender. 58. The Institutional Head will ensure that a case conference between institutions takes place prior to the offender's transfer or as soon as possible thereafter. 59. When an inmate is being transferred on an emergency basis to an institution where the majority official language is different from that of the sending institution, the Institutional Head of the sending institution will ensure that verbal contact is made with the receiving institution prior to transfer to ensure that Health Care and Security personnel are advised in advance about specific concerns (e.g., epilepsy, gang affiliation, etc.). The results of the contact will be recorded by the sending institution in a Casework Record. INTER-REGIONAL TRANSFERS60. Inter-regional transfers are usually initiated:
61. The Parole Officer/Primary worker will advise offenders applying for an inter-regional transfer that:
62. All contacts within and between the Region(s) and coordination of the transfer documentation are the responsibility of the Regional Transfer Officer (RTO). 63. Inform the RTO that the following reports are included for his or her review:
64. The RTO of the sending Region will review the documentation and will provide a recommendation to the decision maker. If approved, the documentation is to be forwarded to the receiving institution. If not approved, the offender is to be informed in writing. 65. The RTO of the receiving Region will review the transfer documentation, consult the proposed receiving institution, assess the request as it relates to community support and program availability and provide the decision-maker with a written assessment. 66. If the receiving Region approves the transfer, the RTO will notify the RTO of the sending region of the decision. The RTO will then notify the institution, which will notify the inmate. 67. When the receiving Region proposes a transfer to an institution other than the one requested by the offender, they will request the offender to submit a transfer application to the suggested facility. If the offender agrees, a new application is forwarded. If the offender disagrees with the proposed institution, the receiving Region will make a decision. 68. If the receiving Region does not agree with the proposed transfer, provide written reasons for the decision to the sending Region and to the offender. 69. Offenders will be advised in writing on a letter of notification of the decision and reasons as per the timeframes outlined in Annex B. When the transfer is involuntary, and the offender has submitted a rebuttal, the letter will indicate that the rebuttal's content was considered by the decision-maker. 70. When an inter-regional transfer is approved, the RTO of the sending Region will place the offender's name on the inter-regional transfer list as required, and the transfer is effected as soon as possible. 71. The Institutional Heads of both the sending and the receiving institutions will confirm to the regional transfer officer that no new information exists regarding risk and needs that would preclude the transfer being completed. APPROVAL OF INTRA-REGIONAL TRANSFERS72. When 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. 73. Following approval, transfer the offender as soon as possible, 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 (48 hours) before the transfer can be effected (unless the offender waives). TRANSFERS TO AND FROM THE SPECIAL HANDLING UNIT (SHU)74. 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 will be forwarded to the regional decision-maker of the sending Region. 75. Transfer requests from the SHU are reviewed three times per year by the SHU Advisory Committee. 76. The Senior Deputy Commissioner has the authority to determine when and to what institution an offender will be transferred from the SHU. 77. Transfers from the SHU will normally be completed within 30 days of the decision being made. TRANSFERS TO AND FROM A SECTION 81 HEALING LODGE78. Offenders must meet the following criteria to transfer to a section 81 facility:
79. Offenders interested in transferring to a section 81 Healing Lodge are required to send a letter to the Director of the Healing Lodge requesting acceptance prior to submitting their transfer application. This letter will contain:
80. To return an offender from a s. 81 Healing Lodge, the Director writes a letter of withdrawal of support which serves the same purpose as a transfer warrant until a transfer warrant can be issued. The Institutional Head will accept the return of an offender from a s. 81 Healing Lodge. 81. Either before or as soon as possible thereafter, the District Director (or delegate) will issue a transfer warrant from the community to a CSC insitution. TRANSFERS TO A CSC REGIONAL HEALTH/PSYCHIATRIC CENTRE82. 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 will be clearly informed that upon completion of the program or assessment or the provision of the required health services, he or she will normally be returned to his or her parent institution. Furthermore, the offender will 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. 83. 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. 84. 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 will:
INTERJURISDICTIONAL TRANSFERS85. Refer to CD 541 - Interjurisdictional Agreements and applicable Exchange of Services Agreements. The procedures for a transfer to a provincial facility are also outlined in CD 541 - Interjurisdictional Agreements.TRANSFERS FOR JUDICIAL REVIEW86. For the purposes of a Judicial Review hearing, an offender will be voluntarily transferred to an institution which is in close proximity to the jurisdiction where his/her hearing will be held provided that:
87. Offenders must apply to return to the sending institution upon the completion of the Judicial Review. 88. The institution where the offender is accommodated is responsible for completing the required casework. TRANSFERS FOR ATTENDANCE AT OTHER JUDICIAL PROCEEDINGS89. In the absence of a court order, the Institutional Head may authorize the 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.NATIONAL PAROLE BOARD NOTIFICATION90. Offender transfers will normally not be effected within two months prior to a scheduled panel hearing by the National Parole Board. If a transfer is unavoidable, the sending institution will immediately notify the Board of the transfer and maintain responsibility for the casework in relation to Board decision-making.HIGH PROFILE OFFENDERS91. If it is determined that the proposed transfer is likely to generate significant public interest:
92. 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:
RHQ
NHQ
DOCUMENTATION ACCOMPANYING TRANSFERRED OFFENDERS93. 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. 94. Where the circumstances warrant, the sending institution will notify the receiving institution of any potential problems (such as medical or security concerns). 95. When a federal offender is transferred to a provincial/territorial institution, copies of the following minimum documentation, where completed, will accompany the offender:
96. When transferring an offender to the care and custody of an Aboriginal community referred to in section 81 of the CCRA, the appropriate CSC files are transferred to the nearest area parole office. The specific documents sent to the Aboriginal community are identified in the section 81 agreement signed by the Commissioner and the appropriate representative of the community. TRANSLATION OF TRANSFER DOCUMENTATION97. The transfer of an offender will not normally occur until all transfer documentation (any report outlined in paragraph 92, 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. 98. The sending institution is responsible for ensuring that the relevant documents are translated. NOTIFICATION OF LOCATION99. Every offender may inform, by telephone, his or her lawyer or an individual identified on his or her authorized call list of the transfer to another institution. If the offender is incapable of making the communication him/herself and requests notification be made, the information will be communicated to the designated person by institutional authorities. Where the offender is capable of doing so, the request will be submitted in writing.Commissioner, Original signed by
ANNEX ATRANSFER OF OFFENDERS – DELEGATION OF AUTHORITY
** In the Quebec Region, the head of the Regional Reception Centre also has the delegated authority to sign warrants for intra-regional transfers.
ANNEX BTRANSFER OF OFFENDERS – OFFENDER'S NOTIFICATION OF DECISION
ANNEX CCONTENT GUIDELINES – ASSESSMENT FOR DECISION FOR TRANSFERS
*GSIR is not applicable for Aboriginal Offenders or Women Offenders.
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Last Updated:
2006.05.02
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