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Correctional Service of Canada

COMMISSIONER'S DIRECTIVE

Number - Numéro:
710-3

Date:
2006-04-10

TEMPORARY ABSENCES AND WORK RELEASES

Issued under the authority of the Commissioner of the Correctional Service of Canada

PDF

Policy Bulletin 202


Policy Objectives | Authorities | Cross-References | Definitions | Principles | Roles and Responsibilities | Purposes of Temporary Absences | Eligibility | Unescorted Temporary Absences (UTAs) | Escorted Temporary Absences (ETAs) | Work Releases | Granting Criteria | Temporary Absences | Work Releases | Assessment and Review of Applications | Temporary Absence Process | Escorted Temporary Absences for Family Contact Between Offenders | Release Procedures | Frequency and Duration | Temporary Absences | Work Releases | NPB Hearings | Conditions of Release and Supervision | Unescorted Temporary Absences | Escorted Temporary Absences | Work Releases | Changes to Approved Temporary Absences or Work Releases | Permits and Police Notification | Evaluation Upon Completion | Recording and Coding Information | Temporary Absences | Cancellation and Suspension of Temporary Absences | Escorted Temporary Absences | Unescorted Temporary Absences | Review Upon Transfer | Implementation of a Work Release | Community Access While on Work Release | Work Release Process | Release Procedures | Permits | Cancellation/Suspension of Work Releases | Evaluation Reports | Assignment and Pay | High Profile Offenders | Redress ]

Annex A - Temporary Absence Frequency and Duration Limits

Annex B - Granting Authority

Annex C - Guidelines on Compassionate Escorted Temporary Absences to Attend Funerals

Annex D - Content Guidelines - Assessment for Decision - Temporary Absence

Annex E - Content Guidelines - Assessment for Decision - Work Release

Annex F - Content Guidelines for Evaluation of Temporary Absence

Annex G - Completion Codes and Definitions for Temporary Absences and Work Releases

 

POLICY OBJECTIVES

1. To provide offenders with opportunities to maintain family and community ties and avail themselves of rehabilitative, employment, personal and cultural activities, with the goal of reintegrating them into the community and enhancing public safety.

2. To ensure that public safety is maintained through a rigorous application of legislated decision criteria and appropriate supervision of offenders who have been granted Temporary Absences or a Work Release.

3. This Commissioner's Directive (CD) is to be read in conjunction with CD 700 - Correctional Interventions and CD 710 - Institutional Supervision Framework.

AUTHORITIES

4. Corrections and Conditional Release Act (CCRA):

s. 16(2) - Exchange of Service Agreements

s. 17 - Escorted Temporary Absences

s. 18 - Work Releases

s. 115-118 - Unescorted Temporary Absence

s. 133 - Conditions of Release

Corrections and Conditional Release Regulations (CCRR):

s. 6 - Authorization

s. 9 - Escorted Temporary Absences

s. 10 - Escorted Temporary Absences and Work Releases

s. 121 - Compensation for Death or Disability

s. 155 & 156 - Unescorted Temporary Absences

s. 161 & 162 - Conditions of Release

CROSS-REFERENCES

5. CD 566-5 - Non-Security Escorts

CD 566-6 - Security Escorts

CD 702 - Aboriginal Programming

CD 730 - Inmate Program Assignment and Payments

CD 860 - Inmate's Money

CD 870 - Maintenance Allowance for Offenders

NPB Policy Manual

Canada Labour Code

Canada Occupational Safety and Health Regulations

DEFINITIONS

6. Work Release: a structured program of release of specified duration for work or community service outside the penitentiary, under the supervision of a staff member or other person or organization authorized by the Institutional Head.

7. Escorted Temporary Absence (ETA): a temporary absence under escort from a penitentiary. The escort may be conducted by members of CSC or by other persons.

8. Unescorted Temporary Absence (UTA): a temporary absence without escort from a penitentiary into the community.

9. Immediate Family: includes the offender's father, mother (or alternatively stepfather, stepmother, or foster parent), brother, sister, spouse (including common-law spouse), child (including child of common-law spouse), stepchild or ward of the offender, father-in-law and mother-in-law.

10. Step-parent(s): includes one who is married to the biological parent of the child (adult) who has assumed the role of parent following the marriage. To be considered a step-parent, one must be, or have been, in the role of parent who provides the necessities of life to the child.

11. For Aboriginal offenders, extended family members may include family relations that exist by birth, as well as significant others who are not related by birth, but are given the title of grandparent, parent, brother, sister, aunt, uncle or other relative. When assessing "significant others", as defined above, use the guidelines for assessing "close personal relationship" contained in Annex C, Guidelines on Compassionate Escorted Temporary Absences to Attend Funerals.

12. Special Condition: a condition imposed by the National Parole Board (NPB) or the Institutional Head when an offender is granted a Temporary Absence or Work Release. A special condition is linked to an offender's risk and reduces the likelihood that he or she will re-offend. It is imposed only when reasonable and necessary to manage the risk and ensure public safety.

13. Standard Profile Report: a document prepared prior to an offender's release into the community, which contains critical case information and a description of special problem areas.

14. Operational Unit: any CSC institution, parole office or community correctional centre.

15. High Profile Offender: an offender whose offence involved the death of or serious harm to other person(s) and received significant public attention, or 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).

PRINCIPLES

16. All Temporary Absences (medical and compassionate excluded) and Work Releases will be consistent with the offender's Correctional Plan.

17. The CSC will ensure that all case management practices and decisions are responsive to and respectful of the diverse needs of the offender population, while taking into account factors specific to the offender, particularly for Aboriginal and women offenders, and offenders with a disability.

18. Offenders participating in Work Release programs are subject to all labour standards in effect in the province in which they work.

ROLES AND RESPONSIBILITIES

19. Institutional Heads will ensure compliance with the procedures outlined below for Temporary Absences and Work Release.

20. The Institutional Head must identify in their decision whether the escort will be a security or non-security escort, specifying who the escort will be (Correctional Officer, CSC staff, volunteer, etc.).

21. The Institutional Head may delegate the authority to the Deputy Warden to sign Temporary Absence and Work Release permits.

22. The Institutional Head will ensure any staff member or other person or organization authorized to provide supervision of offenders on Work Releases are trained prior to supervising a Work Release.

23. The Institutional Head will ensure that all persons or organizations using the services of offenders on Work Releases or supervising a Work Release program are briefed in writing. The briefing will include all Work Release policies, procedures and conditions, as well as any significant information about each offender participant.

24. The Institutional Head will ensure that for each Work Release or Temporary Absence the responsibilities of the supervisor are detailed, including the type and frequency of supervision, reporting requirements, incident intervention, the measures to be taken in respect of a necessity to cancel the Work Release/Temporary Absence, and procedures for returning the offender to the institution.

25. Before a Work Release or a program of Work Releases is implemented, the Institutional Head will ensure that the following procedures and conditions are established, as applicable:

  1. 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, if any;
  2. the responsibility of both the person(s) and/or the organization using the services of the offender(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;
  3. the keeping of records for each offender participating in a Work Release. This will 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;
  4. an agreement obtained from each person or organization using the services of offenders to provide the Correctional Service of Canada (CSC) with a statement of earnings and deductions for each offender, when requested;
  5. the handling of money earned by an offender;
  6. the amount of money an offender may be permitted to carry on his or her person during the course of the Work Release;
  7. whether or not an offender can purchase personal effects during the course of an extended Work Release;
  8. the frequency and requirement of interim evaluation reports for each Work Release of extended duration; and
  9. any other conditions under which the paid or volunteer work is to be performed.

26. Managers and supervisors will ensure that, in the interest of the health and safety of employees, CSC staff and volunteers are not required to work more than a maximum of 16 consecutive hours within a 24-hour period. This will be evaluated by the Institutional Head on a case-by-case basis.

PURPOSES OF TEMPORARY ABSENCES

27. Temporary Absences may be granted for the following purposes:

  1. for medical reasons to allow the offender to undergo medical examination or treatment that cannot reasonably be provided in the penitentiary;
  2. for administrative reasons to allow the offender to attend to essential personal affairs or legal matters or to matters related to the administration of the sentence that the offender is serving;
  3. for community service purposes to allow the offender to undertake voluntary activity with a non-profit community institution, organization or agency, or for the benefit of the community as a whole;
  4. for family contact purposes to assist the offender in maintaining and strengthening family ties as a support to the offender while in custody and as a potential community resource on the offender's release;
  5. for parental responsibility reasons to allow the offender to attend to matters related to the maintenance of a parent-child relationship, including care, nurture, schooling and medical treatment, where such a relationship exists between the offender and the child;
  6. for personal development for rehabilitative purposes to allow the offender to participate in specific treatment activities with the goal of reducing the risk of the offender re-offending, and to allow the offender to participate in activities of a rehabilitative nature, including cultural and spiritual ceremonies unique to Aboriginal peoples, with the goal of assisting the reintegration of the offender into the community as a law-abiding citizen; and
  7. for compassionate reasons to allow the offender to attend to urgent matters affecting the members of the offender's immediate family or other persons with whom the offender has a close personal relationship.

28. To allow offenders to work or to attend a program in another institution or an adjacent institution, an ETA or UTA program for "personal development" reasons may be used.

ELIGIBILITY

Unescorted Temporary Absences (UTAs)

29. Every offender will be advised in writing of his/her eligibility for UTAs and whether CSC or the National Parole Board (NPB) is the decision-making authority.

30. Offenders, including those who are confined in a penitentiary pursuant to an Exchange of Service Agreement under subsection 16(2) of the CCRA, are eligible for UTAs, subject to the exceptions outlined in paragraph 31 below, when they have served ( s. 115 of the CCRA):

  1. in the case of a life sentence, other than a young offender sentenced in adult court, the portion of the sentence to be served to reach the offender's full parole eligibility date less three years;
  2. in the case of a sentence of incarceration for an indeterminate period, the portion of the sentence to be served to reach the offender's full parole eligibility date less three years; and
  3. in all other cases, one-half of the period required to be served before the offender's full parole eligibility date, or six months, whichever is the greater.

31. Offenders not eligible for UTAs:

  1. cases in which indeterminate sentences are imposed for offences that occurred prior to August 1, 1997;
  2. cases in which life and indeterminate sentences are followed by definite sentences; and
  3. certain offenders, as determined by the date of sentencing, who are subject to a detention order under the Immigration Act (1995) or subject to a removal order under the Immigration and Refugee Protection Act. (Refer to subsections 128(3) to (7) of the CCRA. See Sentence Management for guidance, if required.)

32. In accordance with subsection 115(2) of the CCRA, where the life or health of an offender is in danger, an Unescorted Temporary Absence may be granted to administer emergency medical treatment, irrespective of the time served, except for offenders serving a sentence of life minimum.

33. Offenders classified as maximum security and offenders detained beyond the Statutory Release Date under provisions of the CCRA are not eligible to apply for Unescorted Temporary Absences.

34. Offenders referred by CSC for detention remain eligible for UTAs until the NPB orders detention.

Escorted Temporary Absences (ETAs)

35. All offenders, including those who are confined in a penitentiary pursuant to an Exchange of Service Agreement under subsection 16(2) of the CCRA, are eligible for medical ETAs at any time during their sentence.

36. ETAs for all other purposes may be granted at any time, except for (Annex B, Granting Authority):

  1. offenders who are detained;
  2. young offenders sentenced in adult court to life imprisonment; and
  3. offenders who were sentenced on or after July 26, 1976 to life minimum, where they have more than three years to serve before their Parole eligibility date.

37. ETAs for compassionate reasons will be granted in the following instances unless information exists that, in the opinion of the Institutional Head, is substantially unfavourable in terms of the safety of the public or the offender:

  1. to attend the funeral of a member of the offender's immediate family (or extended family for Aboriginal offenders) or other persons with whom the offender, in the opinion of the Institutional Head, has had a close personal relationship;
  2. to visit a person, as described above, who has been declared by a medical practitioner to be in an advanced stage of a terminal condition resulting from illness or injury.

38. It is recommended that the offender be required to choose to either attend the funeral or to visit the terminally ill person, if cost is a factor. To attend a funeral or a visit to a terminally ill person identified above, the costs (such as, escorting officers, translation services, transportation, etc.) will not be a factor in the decision. For all other compassionate reasons, all factors surrounding the situation, including cost, will be considered in making the decision.

39. Where CSC is not able to accommodate an offender's request to attend a funeral (due to delayed communications with family members, for example), the offender should be supported to attend the gravesite or participate in the ceremonies appropriate to the individual's culture, traditions or spiritual practices. The offender will request an ETA for family contact or personal development for rehabilitative purposes; however, CSC will recognize the compassionate nature of the ETA.

40. When offenders apply for ETAs for compassionate reasons during Intake Assessment and key information is missing, staff will make reasonable efforts to collect it prior to making a recommendation.

41. When an application for an ETA to attend a funeral is denied, every reasonable effort will be made to ensure that the offender is informed prior to the time and date when the funeral is to take place. The reasons given must be clearly stated and recorded in the file.

Work Releases

42. Only offenders eligible for UTAs are eligible to apply for Work Releases.

43. Offenders will not be granted a Work Release on a paid or voluntary basis for personal benefit of staff, persons under contract to the Correctional Service of Canada (CSC) or anyone living in the same household as, or relatives of, staff under contract to CSC.

44. Offenders classified as maximum security and/or, detained offenders are not eligible to participate in Work Releases.

GRANTING CRITERIA

Temporary Absences

45. Temporary Absences may be granted where, in the opinion of the releasing authority:

  1. the offender will not, by reoffending, present an undue risk to society during the absence;
  2. it is desirable for the offender to be absent from the institution for one of the reasons for which Temporary Absences may be granted,
  3. the offender's behaviour while under sentence does not preclude authorizing the absence; and
  4. a structured plan for the absence, including specific objectives to be achieved by the offender, has been prepared.

46. Where the Institutional Head, as the granting authority, decides to conduct a review by way of hearing, the offender is entitled to be assisted by a person of his or her choice to advise the offender throughout the hearing and to address, on behalf of the offender, the Institutional Head conducting the hearing at times he or she believes it to be conducive to the effective conduct of the hearing.

47. For all Temporary Absence applications, the Institutional Head will make a decision as soon as possible, but no later than ten days after receipt of the Unit Manager's/Team Leader's recommendation and all necessary documentation.

48. Any subsequent review of a Temporary Absence application after a negative decision does not have to be conducted more than once every 6 months, except in the case of a UTA, or an ETA, for medical or compassionate reasons.

Work Releases

49. Work Releases may be granted where, in the opinion of the Institutional Head:

  1. the offender will not, by reoffending, present an undue risk to society during a Work Release;
  2. it is desirable for the offender to participate in a structured program of work or community service in the community;
  3. the offender's behaviour while under sentence does not preclude authorizing the Work Release; and
  4. a structured plan for the Work Release, including specific objectives to be achieved by the offender during the course of the release, has been prepared.

ASSESSMENT AND REVIEW OF APPLICATIONS

50. The Parole Officer/Primary Worker will obtain input from the Elder and/or Aboriginal Liaison Officers where appropriate.

TEMPORARY ABSENCE PROCESS

51. Upon receipt of the offender's Application for Temporary Absence (CSC/SCC 1078), the Parole Officer/Primary Worker or Correctional Officer II will review the application and file information and interview the offender to discuss the proposed Temporary Absence. The purpose of the file review and interview is to:

  1. ensure a full understanding of the details of the proposed absence and consider its appropriateness in relation to the Correctional Plan;
  2. review the offender's progress in dealing with the factors which contributed to his/her criminal behaviour;
  3. assess the level of risk involved in the proposed absence and the need for the imposition of special conditions to manage the risk; and
  4. evaluate long-term release plans; and
  5. in cases where the NPB is the granting authority:
    1. identify the requirement for a an interpreter (language of hearing);
    2. identify if the hearing is to be a Cultural Hearing.

52. In cases where a Community Strategy is required, the Parole Officer/Primary Worker or Correctional Officer II will update the Correctional Plan Progress Report (CPPR) prior to making the request. If a CPPR was updated within the previous six months, the most recent CPPR can be used for the case review if it includes details of the proposed absence. If not, the update would contain only the information pertaining to the proposed absence and any changes in the key ratings.

53. As part of the CPPR update, the Parole Officer/Primary Worker or Correctional Officer II will document the following:

  1. consultation with the Case Management Team (CMT) members; and
  2. a CPIC check to ensure that there are no outstanding charges.

54. A CA to determine the extent of community support for the proposed absence will be requested, if applicable. The details of the proposed Temporary Absence will be included under "Instructions/Details" on the CA request.

55. In cases of UTAs of more than 72 hours, a Community Strategy must be requested.

56. If a CA or Community Strategy is not required, the reasons need to be documented in the CPPR or in the Assessment for Decision.

57. Where an offender on a Unescorted Temporary Absence (UTA) is to be supervised, details with respect to release conditions, supervision requirements, and reporting instructions will be discussed in the CA (in consultation with the supervising body), addressed in the Assessment for Decision and included in the decision of the Institutional Head.

58. Upon receipt of the CA or Community Strategy, the Parole Officer/Primary Worker, or Correctional Officer II, will complete the Assessment for Decision using the Content Guidelines in Annex D.

59. In the case of a Temporary Absence under CSC authority, the Assessment for Decision will be completed within the following timeframes:

  1. where a CA or Community Strategy is not required, no later than 30 days following submission of the offender's application; and
  2. b. where a CA or Community Strategy is required, no later than 60 days following submission of the offender's application.

60. When a Temporary Absence is under the NPB's authority, the Assessment for Decision, a completed Primary Information Sharing Checklist (CSC/SCC 1199), or Information Sharing Update (CSC/SCC 1197), and a completed Procedural Safeguard Declaration (CSC/SCC 1198) must be submitted to the NPB no later than 21 days prior to scheduled date of decision.

61. The Parole Officer/Primary Worker or Correctional Officer II will submit the request for the Temporary Absence to the Unit Manager/Team Leader who will make a recommendation for a final decision by the Institutional Head. The recommendation will be recorded in OMS.

62. In cases where CSC is the granting authority, the decision and the rationale for the decision will be recorded in OMS. A printout of the decision record will be provided to the offender. The following information will be included:

  1. the purpose;
  2. any special conditions of the release, and, in the case of urinalysis, the frequency of application;
  3. specific escort and supervision requirements; and
  4. reporting instructions.

63. UTAs for specific personal development programs may be renewed by the decision authority who granted the original UTA for periods of up to 60 days each. An Assessment for Decision, setting out a new structured plan for the Temporary Absence and explaining the circumstances requiring a renewal, will be completed and submitted to the decision-making authority.

64. Once approved, any change to a Temporary Absence plan will result in a new Assessment for Decision being completed and submitted to the appropriate decision making authority, along with any other documentation required to address the new plan.

Escorted Temporary Absences for Family Contact Between Offenders

65. In cases where two or more offenders have applied for an ETA for family contact with each other, consideration must be given to whether the contact is part of a realistic, gradual and planned reintegration.

66. Where two offenders applying for an ETA for family contact are co-convicted or accomplices, analysis must address the issue of whether or not contact between them will support one or both offenders in their development as law-abiding citizens. This must be clearly identified in the Assessment for Decision to support a positive decision.

67. ETAs that allow offenders to evaluate their relationship and the commitment to change on the part of one, or both offenders, are also acceptable and useful. This type of ETA should normally be presented in the context of a long-term reintegration plan for one or both offenders.

68. A CA would not normally be required for ETAs between offenders. However, in addition to the regular content guidelines, the Assessment for Decision should include:

  1. the name and location of the other offender;
  2. information about the relationship;
  3. information addressing the offenders' commitment to development as law-abiding citizens; and
  4. assessment of the issue of whether the absence from penitentiary is desirable for the purpose of family contact.

Release Procedures

69. Prior to the implementation of any Temporary Absence, or a series of approved Temporary Absences, the Parole Officer/Primary Worker and/or the Correctional Officer II will meet with the offender to discuss:

  1. final travel arrangements, if applicable;
  2. specific activities;
  3. behavioural expectations;
  4. the conditions of the release and the supervision requirements, and, if applicable, the reporting instructions; and
  5. the reasons for which the Temporary Absences may be cancelled and the consequences of a cancellation.

70. After an ETA has been approved to allow an offender to attend a program at another federal facility, the Institutional Head of the sending institution will ensure that the receiving institution is contacted and concurs with the time and date proposed. The only exception to this protocol will be ETAs for program purposes that occur on a continuing basis where the schedules have been confirmed in advance.

71. Normally, at least five days before the offender is released on a UTA, the Institutional Parole Officer/ Primary Worker will complete or update the Standard Profile on OMS, will ensure that the offender's photograph is current and, as applicable, will advise the supervising parole office in writing that the revised Profile and photograph are available.

72. An offender released on an Unescorted Temporary Absence is eligible for expenses associated with the release in accordance with CD 870 - Maintenance Allowance for Offenders.

73. The offender will be notified in writing of all Work Release and Temporary Absence decisions, and the reasons thereof unless such disclosure is exempted by CD 701 - Information Sharing.

FREQUENCY AND DURATION

Temporary Absences

74. The maximum frequency and duration of Temporary Absences is outlined in Annex A, Temporary Absence - Frequency and Duration Limits.

75. In addition to the maximum duration limits, the releasing authority may grant the time necessary to travel to and from the place where the absence is authorized to be spent for both ETAs and UTAs.

76. Each UTA granted for community service or personal development reasons must be followed by a period in custody of at least 7 days before the next such absence.

77. Each UTA granted for administrative, family contact or parental responsibility reasons must be followed by a 24-hour period in custody before the next such absence, except when the subsequent UTA is required for medical or compassionate reasons.

Work Releases

78. The Institutional Head can approve a Work Release of up to 60 days. The Regional Deputy Commissioner must approve Work Releases that exceed 60 days.

79. Where the offender has returned to custody following one Work Release and is being considered for a subsequent Work Release, the decision authority is determined according to the length of the proposed new Work Release.

NPB HEARINGS

80. Where the NPB is the granting authority, the first, and any subsequent review as specified by the NPB, will be by way of hearing until a first UTA is authorized, except for those cases delegated to the Institutional Head.

81. The review of the offender's case must be completed as soon as possible upon receipt of the UTA submission, but no later than six months after receiving the Temporary Absence application (section 156(3) of the CCRR).

82. The NPB may postpone a Temporary Absence review with the offender's consent or may adjourn the review for a period not longer than two months if further information relevant to the review, or further time to render a decision, is required.

CONDITIONS OF RELEASE AND SUPERVISION

Unescorted Temporary Absences

83. Mandatory conditions for UTAs are prescribed in the CCRR and are included on, or appended to, all UTA permits.

84. The decision-making authority may impose any special conditions considered reasonable and necessary to manage the risk, including a condition to reside in a Community-Based Residential Facility (CBRF).

85. Unless otherwise specified by the NPB, special conditions imposed by the NPB are automatically carried over to subsequent UTAs when the NPB has conferred the UTA authority on the Institutional Head.

86. UTAs will be supervised in accordance with directions included in the decision as follows:

  1. all first UTAs of 24 hours or more duration;
  2. any subsequent UTAs, as requested or directed by the destination Area Manager, Institutional Head or the NPB;
  3. all UTAs for those offenders serving a life or an indeterminate sentence, unless otherwise directed by the NPB.

87. The supervisor may, in response to circumstances arising during the UTA, impose special instructions as deemed necessary.

Escorted Temporary Absences

88. The decision-making authority may impose any conditions considered reasonable and necessary to manage the risk and ensure public safety.

89. Normally, the first ETA for any purpose will be under CSC security escort. Any deviation from this policy must be clearly explained and documented.

90. Only CSC staff will be authorized to act as escorts in the case of ETAs granted to maximum-security offenders.

91. Escort procedures will be in accordance with CD 566-5 on Non-Security Escorts and CD 566-6 on Security Escorts.

Work Releases

92. The Institutional Head will impose any conditions considered reasonable and necessary to manage the risk and ensure public safety.

93. The terms of the Work Release will specify how supervision of the offender is to be accomplished.

CHANGES TO APPROVED TEMPORARY ABSENCES OR WORK RELEASES

94. Once an ETA, UTA (individual, or program of), Work Release, or a Work Release program, has been approved, it must only be implemented as authorized. Any changes must be submitted to the responsible decision-maker for approval. In the case of ETAs, this includes changes in the type of escort personnel or restraint equipment.

PERMITS AND POLICE NOTIFICATION

95. As soon as practical after the ETA, UTA or Work Release is approved, the permit will be entered in OMS and, if applicable, the Police Notification status in OMS is set to PENDING.

96. The Parole Officer/Primary Worker, or other person designated to administer the Temporary Absence/Work Release, will ensure that a Temporary Absence or Work Release permit is issued and signed by the Institutional Head or his or her designate at least 72 hours prior to the release.

97. Following signature, the Police Notification status in OMS is manually changed from PENDING to READY TO TRANSMIT. In cases where it is impossible to notify the police via CPIC, or where police reporting is a condition of the release, the Parole Officer/Primary Worker, or other person designated to administer the Temporary Absence or Work Release, will notify the destination police agency by telephone and, where circumstances permit, by facsimile or other means, prior to the commencement of the release. In such cases, the Police Notification status is subsequently changed to READY TO TRANSMIT, providing that the activity has not already occurred.

98. A permit will be issued for each ETA even when an offender is approved for a series of Temporary Absences. However, for the purposes of a group ETA, one permit may be issued for all of the offenders in a group.

99. In the case of an ETA, the escort is provided with a copy of the permit during the pre-release briefing (CSC/SCC 0753). In the case of a UTA, the permit is given to the offender who is required to maintain it in his or her possession for the duration of the absence.

100. Temporary Absence permits are automatically generated by the Offender Management System OMS). Only in exceptional circumstances should pre-printed permits be generated manually. Where pre-printed permits are used, a corresponding permit will be entered into OMS as soon as possible.

101. The "security requirements" and "escort type" will be coded in OMS as per the decision. Under "Reporting Instructions", provide the names, addresses and telephone numbers of:

  1. the supervising office or person;
  2. the police (where police reporting is required);
  3. emergency contacts (e.g., supervisor of the release, authorities at the releasing institution and/or parole office, etc.).

102. ETAs are not normally forwarded to destination police through the Canadian Police Information Centre (CPIC). At the discretion of institutional management, and prior to commencement of an ETA, notification will be provided by the institutional Parole Officer/Primary Worker to the pertinent police agencies.

103. If a Temporary Absence or Work Release is cancelled prior to commencement for administrative reasons, such as "issued by mistake" or "offender refusal", then the permit is closed off by entering the appropriate reason from the Cancel Reason Table; in these instances, a Completion Code is not entered in the permit. When the release is cancelled due to the offender's refusal, provide a brief explanation under "Comments."

EVALUATION UPON COMPLETION

Recording and Coding Information

104. The Post Temporary Absence/Work Release Evaluation Report on OMS will be used to record the evaluation of all Temporary Absences and Work Releases.

105. The applicable codes to be entered on each Post Temporary Absence/Work Release Evaluation Report following completion of the evaluation appear in Annex G.

Temporary Absences

106. An evaluation will be completed by the escort immediately upon completion of all ETAs.

107. Where an offender was granted a Temporary Absence for cultural purposes, the Elder or Cultural Spiritual Advisor will be consulted for the purpose of completing the evaluation. This consultation will assist in determining if the learning objectives were attained and if the absence was to the benefit of the offender for future reintegration.

108. For successful medical or administrative ETAs, a short notation on the face of the permit indicating the success of the absence is sufficient. For all other types, the Post Temporary Absence/Work Release Evaluation Report must be coded and placed on the offender's file so that it forms part of the offender's Temporary Absences history.

109. The community Parole Officer responsible for supervising a UTA will complete and forward an evaluation, by way of a CA, within 10 working days following the completion of the absence. The evaluation will relate to the specific objectives outlined in the original decision. Once this evaluation has been received at the institution, the institutional Parole Officer/Primary Worker will complete the Post Temporary Absence/Work Release Evaluation Report (CSC/SCC 1082).

110. If new information becomes available which significantly changes any previous evaluation of the absence, this information will be recorded as soon as it becomes known. The evaluation of a Temporary Absence must be included in any subsequent application for a Temporary Absence.

CANCELLATION AND SUSPENSION OF TEMPORARY ABSENCES

111. When recording cancellations in OMS, the Cancel Reason Table is to be used to cancel a permit before it has started. In all other situations, the Completion Codes Table will be used.

Escorted Temporary Absence

112. An ETA may be cancelled before or after its commencement by the Institutional Head or a person designated in institutional Standing Orders, consistent with the provisions in paragraph 6(a) of the CCRR.

113. During the course of an ETA, if the escort comes to believe that the absence should be cancelled, the escort will notify the institution and/or immediately return the offender to the institution. If the offender fails to return to the institution, he or she will be declared unlawfully at large. Staff will refer to the institutional contingency plans.

114. If the ETA or a series of ETAs is to be suspended, the Parole Officer/Primary Worker will complete a new Assessment for Decision identifying the reasons for recommending the suspension of the TA(s) with a new decision number. If the ETAs are reinstated, the Parole Officer/Primary Worker will complete another Assessment for Decision with a new decision number, identifying any new information and explaining the reasons for the reinstatement. The offender will be provided with a copy of this Assessment for Decision within five working days of the decision to cancel or suspend the Temporary Absence.

115. If the ETA or a series of ETAs is cancelled altogether, a new Assessment for Decision will be completed. Future ETAs will require a new application and Assessment for Decision prior to review by the decision-maker. The offender will be provided with a copy of this Assessment for Decision within five working days of the decision to cancel or suspend the Temporary Absence.

Unescorted Temporary Absence

116. The Institutional Head may cancel, before it is implemented, an UTA authorized by CSC. The Institutional Head may also suspend, before it is implemented, any particular UTA that is part of a UTA program authorized by the NPB if, in the opinion of the Institutional Head, the suspension is justified in order to protect society based on information that could not reasonably have been provided to the NPB when the absence was authorized.

117. The Institutional Head will advise the NPB in writing within 24 hours of the cancellation or suspension of a UTA authorized by the NPB, and the reasons for any such decision. If the Institutional Head determines that all UTAs in a NPB-authorized program should be cancelled, the case must be referred to the NPB in writing along with a recommendation.

118. In situations where the Institutional Head decides to cancel a UTA, authorized by him, after its commencement and CSC personnel can return the offender to custody without risk to the public, the issuing of a Warrant of Apprehension and Recommitment on Cancellation of UTA is at the discretion of the Institutional Head.

119. The authority of the Institutional Head to cancel a UTA, authorized by him or her, after its commencement, or to suspend a UTA authorized by the NPB, may be exercised by the person responsible for the parole office supervising the offender during the Temporary Absence. The person responsible for the parole office will ensure that the respective institution is notified as soon as possible, and that the NPB is advised in writing within 24 hours of the decision to cancel or suspend the UTA and the reasons for it.

120. If, during the period of the UTA, the offender has breached the conditions of the UTA, the grounds for authorizing the absence have changed, the cancellation is considered necessary and reasonable to prevent a breach of a UTA condition, or in light of information that could not reasonably have been provided when the absence was authorized, the person responsible for the parole office supervising the Temporary Absence may:

  1. cancel the UTA if it was authorized by CSC by the issuing and execution of a Warrant of Apprehension and Recommitment on Cancellation of UTA;
  2. suspend the UTA if it was authorized by the NPB through the issuing and execution of a:
    1. Warrant of Apprehension and Suspension of UTA;
    2. Warrant of Recommitment on Cancellation of UTA once the NPB has decided to cancel the UTA.

121. Whenever an Unescorted Temporary Absence is cancelled or suspended, the institutional Parole Officer/Primary Worker will complete an Assessment for Decision to detail the reasons for the cancellation or suspension. The offender will be provided with a copy of this report within five working days of the decision to cancel or suspend the Temporary Absence.

REVIEW UPON TRANSFER

122. In the event of the transfer of an offender for whom a Temporary Absence, a program of Temporary Absences, or a Work Release, has been authorized by the Institutional Head, the Institutional Head of the receiving institution will review the case, by way of the CSC Board Review/Decision process, to determine whether the particular absence(s) or Work Release will be implemented, modified or cancelled.

IMPLEMENTATION OF A WORK RELEASE

123. A written waiver must be obtained from each community person or organization using the services of offenders. Form Work Releases - Employer Responsibilities (CSC/SCC 1073), will be used for this purpose. The waiver will absolve CSC of responsibility for the quality of the work performed by the offenders. It will also absolve the Service for any loss, damage, or personal injury that may occur during the time of employment. The waiver mentioned above is not required when inmates are employed by CORCAN.

COMMUNITY ACCESS WHILE ON WORK RELEASE

124. Where a Work Release involves a daily return to a CBRF or another facility (e.g., bush camp), the offender will not normally have access to the community other than to perform work.

125. Any other access to the community must be covered by another form of conditional release (i.e., ETA or UTA).

126. The Institutional Head will ensure that the expectations of an offender residing at a CBRF and the extent of the offender's access to the community are included in the Work Release decision.

WORK RELEASE PROCESS

127. Upon receipt of a completed Application for Work Release (CSC/SCC 1072), the Parole Officer/Primary Worker or Correctional Officer II will review the application and the information on file and interview the offender to discuss the proposed Work Release.

128. The Parole Officer/Primary Worker or Correctional Officer II will update the CPPR in cases where Community Strategy is required. If a CPPR was updated within the previous six months, the most recent CPPR can be used for the case review if it includes details of the proposed Work Release. If not, the update would contain only the information pertaining to the proposed Work Release and any changes in the key ratings.

129. Request a CA or Community Strategy, if required.

130. In cases where a Community Strategy is not required, a CA will be requested. The details of the proposed Work Release will be included under "Instructions/Details" on the CA request. A full analysis of the Work Release will be included in the Assessment for Decision once the CA is returned.

131. A Community Assessment to determine the extent of support for the proposal from the person or organization for whom the offender wishes to work or perform community service will normally be requested when the Work Release involves a daily return to the institution.

132. Where the Work Release involves daily return to a Community-Based Residential Facility (CBRF) and supervision by a CSC community office, a Community Strategy will be requested to determine the type and the minimum frequency of supervision contacts, and the necessity of recommending the imposition of conditions.

133. Depending upon the nature of the Work Release (e.g., shovel snow vs. work in a factory) and its duration (e.g., one day vs. a 60 day program), it may not always be necessary to complete a formal CA report.

134. In some instances, alternative methods to collect information relevant to the Work Release (e.g., telephone or person-to-person contact) may be established. In any event, the information obtained should be recorded in a Community Assessment on OMS.

135. Consultation between the appropriate institutional staff and the supervising body, and when applicable, the Elder and/or Aboriginal Liaison Officer, will occur prior to making a recommendation or decision regarding a Work Release.

136. Upon receipt of the Community Assessment or Community Strategy, complete the Assessment for Decision using the Content Guidelines in Annex E. The report will be completed within a maximum of 70 days of receipt of the application for Work Release.

137. The Parole Officer/Primary Worker or Correctional Officer II will submit the request for the Work Release to the Unit Manager/Team Leader who will make a recommendation for a final decision by the Institutional Head. The recommendation will be recorded in OMS.

138. For all Work Release applications, the Institutional Head will make a decision as soon as possible, but no later than ten days, after receipt of the Unit Manager's/Team Leader's recommendation and all necessary documentation.

139. The final decision by Institutional Head will include the following points:

  1. the rationale for the decision;
  2. details with respect to the purpose and conditions of release and supervision requirements and responsibilities for the entire duration of the Work Release, including reporting instructions. If required, the Institutional Head will identify the most appropriate person to accompany the offender to and from the Work Release; and
  3. the frequency and requirements of interim evaluation reports for each Work Release of extended duration.

140. The decision and the rationale for the decision will be indicated on the Work Release Referral Decision Sheet and a copy given to the offender.

141. A copy of the Work Release Referral Decision Sheet will also be forwarded to the Program Board for pay purposes.

Release Procedures

142. Before a Work Release or a Work Release program is implemented, the following procedures must be carried out:

  1. a permit is issued and signed by the Institutional Head or by his or her designate;
  2. the details respecting the conditions of the Work Release, reporting instructions and the supervision requirements must be specified on the Work Release permit;
  3. the Parole Officer/Primary Worker and/or the Correctional Officer II must meet with the offender to discuss behavioural expectations and to review the conditions by which he or she must abide; and
  4. a copy of the permit is given to the offender to carry with him or her during the release.

143. If applicable, normally, at least five days before the offender commences a Work Release, the Institutional Parole Officer/Primary Worker will complete or update the Standard Profile on OMS, will ensure that the offender's photograph is current, and will advise the supervising parole office in writing that the revised Profile and photograph are available.

144. Means of transportation will be in accordance with CD 566-5 "Non-Security Escorts".

Permits

145. The terms will cover the entire period that the offender is away from the institution, including the time spent travelling to and from the work site.

146. The time required to obtain meals should be specified on the permit.

CANCELLATION/SUSPENSION OF WORK RELEASES

147. 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 if, in his or her opinion, the cancellation is justified in order to protect society based on information that was not available when the release was authorized.

148. Where the person supervising a Work Release believes there may be grounds for cancellation, he or she must contact the Institutional Head or designated person, who will determine if the continuation of the Work Release program should be reviewed.

149. If a review is seen as necessary to address the nature of the situation and the question of safety of the community, possible interventions include:

  1. in cases where the offender has absconded:
    1. declare the offender unlawfully at large if he or she leaves the work site or place of accommodation (e.g., CBRF); and
    2. refer to the institutional contingency plans;
  2. in cases where the offender has not absconded:
    1. Work Release supervisor escorts the offender back to the institution;
    2. the institution provides a staff member(s) to escort the offender to the institution;
    3. the police is asked to intervene if the potential risk that the offender poses cannot be managed without assistance; and
    4. if outside assistance is required, the Institutional Head has the authority to issue an arrest warrant for the apprehension and recommitment to custody of the offender.

150. Only the Institutional Head, or the person in charge of the institution, may sign a warrant for the apprehension and recommitment to custody of the offender. This warrant may be executed by institutional or community staff, as circumstances require.

151. In deciding what action to take following suspension of the program, the Institutional Head or the designated person, the Case Management Team and the Work Release supervisor must weigh all variables, including:

  1. the type of Work Release (e.g., one which involves a daily return vs. a Work Release in an isolated area);
  2. the seriousness of the situation;
  3. the assessment of risk that the offender poses to the community.

152. Following a suspension, the Parole Officer/Primary Worker will complete an Assessment for Decision detailing the circumstances which led to the suspension and assessing the variables outlined in paragraph 152 above, and will make a recommendation as to whether the Work Release should be cancelled or re-instated.

153. The Institutional Head will review the documentation concerning the suspension of the Work Release and decide if the release will be cancelled or re-instated.

154. The offender must be provided with a copy of the reasons in writing, within five working days, for 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.

EVALUATION REPORTS

155. The Work Release supervisor will complete an evaluation report within ten working days of the completion of the Work Release or Work Release program and forward it to the Parole Officer/Primary Worker responsible for the offender's case. The evaluation will include a balanced overview of the Work Release and, if applicable, identify and describe any problems apparent during the course of the release.

156. In the case of institutionally-based Work Releases, the evaluation will be completed using the Post Temporary Absence/Work Release Evaluation Report (CSC/SCC 1082).

157. In the case of a Work Release where an offender is residing in a CBRF, the community Parole Officer responsible for supervising the release will complete an evaluation by way of a CA. The evaluation will relate to the specific objectives outlined in the original decision. Once this evaluation has been received at the institution, the institutional Parole Officer/Primary Worker will complete the Post Temporary Absence/Work Release Evaluation Report (CSC/SCC 1082).

158. If a Work Release is cancelled, the Work Release supervisor will forward the report within one working day. The Parole Officer/Primary Worker will then assess whether the plan for the release has been met, and what significance the success of the Work Release or lack thereof has for the offender's individual Correctional Plan.

159. For each Work Release or Work Release program of extended duration, interim evaluation reports will be completed as prescribed by the Institutional Head.

160. A determination must be made of whether or not the Work Release is a success, based on the criteria for successful completion outlined below.

161. A Work Release will be considered a success if the stated objectives of the Work Release are achieved and none of the following conditions are encountered:

  1. the offender fails to return or returns late without good cause;
  2. the offender is convicted of being under the influence of an intoxicant or of being in the possession of contraband upon returning to the institution;
  3. the Work Release is cancelled after its commencement due to a deterioration in the behaviour or performance of the offender;
  4. the offender is detained by police for criminal behaviour;
  5. the offender breaches a condition of the Work Release.

162. If new information becomes available which significantly changes any previous evaluation of the Work Release, this information will be assessed and recorded as soon as it becomes known.

ASSIGNMENT AND PAY

163. The management and payment of monies for offenders on a Work release will be in accordance with CD 730 - Inmate Program Assignment and Payments, CD 860 - Inmate's Money and CD 870 - Maintenance Allowance for Offenders.

164. For paid work, the rates of pay will be based on community norms for equivalent work performed, and shall not be less than the current provincial minimum wage.

165. For volunteer work, the offender will 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 offender's progress within his or her Correctional Plan. The amount of the living allowance shall be in accordance with CD 870, Maintenance Allowance for Offender".

HIGH PROFILE OFFENDERS

166. The Institutional Head will ensure that the Regional Administrators, Reintegration and Correctional Programs, and Communications, are advised of upcoming Temporary Absences and Work Releases of High Profile Offenders and that they are consulted about the preparation of a strategy and action plan to be taken regarding the upcoming decision or action.

167. The Parole Officer/Primary Worker will complete a Memo To File in OMS titled "HIGH PROF" at least two weeks prior to the offender's Temporary Absence or Work Release, 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.

168. 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:

  1. Institutional Head;

RHQ

  1. Assistant Deputy Commissioner (Operations);
  2. Regional Administrator (Reintegration and Correctional Programs); and
  3. Regional Administrator (Communications);

NHQ

  1. Deputy Commissioner for Women, as applicable;
  2. Executive Director, Executive Services;
  3. Assistant Commissioner, Correctional Operations and Programs (ACCOP);
  4. Assistant Commissioner, Communications and Citizen Engagement;
  5. Director General, Offender Programs and Reintegration; and,
  6. National Director, Media Relations;
  7. Director General, Aboriginal Initiatives Branch, where applicable.

REDRESS

169. Decision under CSC authority: in the event of a disagreement, the offender may challenge the decision by filing a complaint and grievance.

170. Decision under NPB authority: in the event of a disagreement, the offender may challenge the decision by submitting a request for review to the NPB Appeals Division.

Commissioner,

Original signed by
Keith Coulter

 

ANNEX A
TEMPORARY ABSENCE FREQUENCY AND DURATION LIMITS

UNESCORTED TEMPORARY ABSENCES  

Medical  

  • For an unlimited period.  

Administrative, Family Contact, Parental Responsibility, and Compassionate 

A maximum total per month of:  

  • 48 hours for offenders classified as medium security,
  • 72 hours for offenders classified as minimum security.  

Community Service and Personal Development  

Up to a maximum of 15 consecutive days:  

  • not more than 3 times a year for offenders classified as medium security,
  • not more than 4 times a year for offenders classified as minimum security.  

Specific Personal Development Program  

Up to a maximum of 60 consecutive days; may involve, but is not limited to one or more outings per week, or include a specific number of hours per outing, in order to facilitate attendance/participation in such activities as:  

  • a substance abuse program;
  • ceremonies/events for cultural purposes, including those unique to Aboriginal offenders;
  • Alcoholics Anonymous meetings;
  • a sex offender treatment program/
  • general or specialized education programs;
  • technical training programs;
  • and family violence counselling sessions.  

ESCORTED TEMPORARY ABSENCES 

  • ETAs will not normally exceed 8 hours. However, when special circumstances warrant, the Institutional Head may grant an ETA for the following periods: 

Medical 

  • An unlimited period. 

Reasons other than medical 

  • Up to five days.
  • Over five days but not exceeding 15 days, subject to the approval of the Deputy Commissioner for the Region.  

The frequency of ETAs is at the discretion of the Institutional Head.

 

ANNEX B

GRANTING AUTHORITY

ESCORTED TEMPORARY ABSENCES (ETA)  

  1. Subject to paragraphs 2 and 3 below, and with the exception of ETAs for medical purposes, the Institutional Head has the authority to grant ETAs up to five days in duration.  
  2. The Regional Deputy Commissioner (RDC) must approve any ETA for reasons other than medical where the duration is more than five days but less than 15 days.  
  3. Section 746.1 of the Criminal Code provides that, except with the approval of the NPB, no ETAs (other than for medical reasons or to attend judicial proceedings or a coroner's inquest) may be authorized for an offender sentenced on or after July 26, 1976 to life minimum, where the offender has more than three years to serve before his or her Parole eligibility date.  
  4. The approval of the NPB for ETAs is also required in the case of a young offender sentenced in adult court to life imprisonment who has not yet reached the Day Parole or Unescorted Temporary Absence eligibility date (Section 746.1(3) of the Criminal Code ).  

UNESCORTED TEMPORARY ABSENCES (UTA)  

  1. The Institutional Head has authority to grant Unescorted Temporary Absences to all eligible offenders not serving a sentence for any offence set out in Schedule I or II.  
  2. Pursuant to subsection 117(1) of the CCRA, the National Parole Board has conferred on all Institutional Heads the authority to grant UTAs:  
    1. for medical purposes to all eligible offenders serving:  
      1. life sentence imposed as a minimum punishment or commuted from a sentence of death  
      2. a sentence for an indeterminate period  
      3. a sentence for an offence set out in Schedule I or II  
    2. for offenders serving a sentence for an offence on Schedule I except:  
      1. where the offence resulted in the death of or serious harm to another person, or  
      2. is a sexual offence involving a child.  
    3. for all offenders serving a sentence for an offence on Schedule II.  
  3. The NPB is the granting authority for UTAs to eligible offenders serving:  
    1. a life sentence imposed as a minimum punishment or commuted from a sentence of death;  
    2. a sentence for an indeterminate period;  
    3. a sentence for an offence set out in Schedule I which resulted in either the death of or serious harm to the victim  
    4. a sentence for a sexual offence involving a child.  

WORK RELEASES  

  1. The CSC is the granting authority for Work Releases.  
  2. The Institutional Head may authorize a Work Release of up to 60 consecutive days.  
  3. The RDC must approve any Work Release exceeding 60 consecutive days. This authority cannot be delegated; it can only be exercised by someone who is officially acting for the RDC in his/her absence.  

 

ANNEX C

GUIDELINES ON COMPASSIONATE ESCORTED TEMPORARY ABSENCES TO ATTEND FUNERALS

The following guidelines are intended to ensure the humane treatment of offenders by allowing them, to the extent possible, to attend the funerals of certain individuals. The guidelines will assist the case management team and the decision-makers in determining:

  1. if there was a close personal relationship between the offender and a deceased who was not an immediate family member; and
  2. the significance of any security or case management information that might be unfavourable to the absence.

Definitions:

  1. For the purpose of these guidelines, "immediate family" is defined as father, mother (or alternatively stepfather, stepmother, or foster parent), brother, sister, spouse (including common-law spouse), child (including child of common-law spouse) stepchild or ward of the offender, father-in-law and mother-in-law.
  2. For Aboriginal offenders, extended family members may include family relations that exist by birth, as well as significant others who are not related by birth, but are given the title of grandparent, parent, brother, sister, aunt, uncle or other relative.
  3. For the purposes of these guidelines, a "close personal relationship" between two individuals is normally characterised by situations in which:
    1. both individuals shared a close familial bond;
    2. one of the individuals contributed significantly to the moral or spiritual development of the other;
    3. both individuals were engaged in a long-term living arrangement or partnership;
    4. both individuals shared significant life experiences that resulted in an enduring bond of friendship and trust.

Establishing Close Personal Relationship:

  1. The evaluation of the relationship between the offender and the deceased must take into consideration the individual's cultural, ethnic or spiritual background.
  2. Evidence of a close personal relationship can come from a variety of sources, including:
    1. information provided by individuals;
    2. accounts from various individuals, including the offender, may be used to determine the nature of the relationship with the deceased. Information provided by the offender, should be corroborated whenever doubt exists about the objectivity of the individual. Chaplains and psychologists are among those who should be considered as principal resources in determining the relationship between the offender and the deceased;
    3. timely notification of death;
    4. survivors of the deceased initiated contact with the offender and disclosed details of the funeral in a timely manner that would allow arrangements to be made for the offender's attendance;
    5. file material;
    6. pre-sentence or pre-trial reports, Post-Sentence Community Assessment s , information about the offender's family and social history or any other report or document;
    7. Community Assessment s completed pursuant to notification of death;
    8. statements from credible persons who have a first-hand knowledge of the relationship between the offender and the deceased. Special effort should be made to contact individuals who may be able to clarify the cultural, spiritual or ethnic significance of the relationship of the offender to the deceased, particularly leaders of the offender's religious or ethnic community;
    9. Visits and Correspondence;
    10. accounts of visits, letters and telephone calls;
    11. information from community Elders or Cultural/Spiritual Advisors.

Security Considerations:

  1. The presence of security-related factors that cannot be fully addressed through the presence of two security escorts and the application of restraint equipment may be sufficient reason to deny the absence. Examples of such factors include, but are not limited to:
    1. a history of escapes from escort;
    2. reliable information that individuals may intervene to effect the escape of the offender;
    3. reliable information that suggests the offender may be in danger;
    4. lack of secure facilities to hold the offender if overnight travel is involved.

Case Management Considerations:

  1. Case management staff play a critical role in evaluating the nature of the relationship between the offender and the deceased as well as the risk posed by the offender. In addition, the following case management related issues may be grounds for denying the escort:
    1. the need for essential medical or psychiatric treatment that could not be delivered while the offender was under escort;
    2. a significant history of violence;
    3. legal restrictions that apply to certain life sentences;
    4. outstanding charges for serious offences.

 

ANNEX D

CONTENT GUIDELINES – ASSESSMENT FOR DECISION –

TEMPORARY ABSENCE

Introduction: (This section should concisely provide a context within which the reader can operate.)

  • Purpose of report.
  • Case status (length of sentence, current offence(s), outstanding charges or appeals, immigration/deportation/extradition status).
  • Composition of the Case Management Team, including Elder and/or Aboriginal Liaison Officer in the case of Aboriginal offenders.

Assessment of Progress and Behaviour:

  • Indicate the offender's institutional behaviour.
  • Indicate the offender's progress against his or her Correctional Plan. Identify whether the offender has benefited from involvement in programs and how participation has reduced his or her risk.

Structured Plan for the Proposed Temporary Absences:

  • Indicate the purpose of, and the objectives the offender must achieve while on the Temporary Absence(s).

In addition:

In the case of a UTA:

  • destination;
  • mode of travel and transit time (if applicable);
  • length of the absence plus the additional time allotted for travel, if required;
  • supervision requirements (i.e. reporting requirements to police / parole officer);

In the case of an ETA:

  • destination;
  • duration;
  • mode of travel and transit time (if applicable);
  • type of escort personnel recommended (i.e., correctional officer, CSC staff other than correctional officer, contract chaplains, Elders or citizen escort) and the reasons for the recommendation. In determining the type of escort personnel, consider all information in this report as well as any behavioural and physical or mental health issues, intelligence information, the purpose and destination of the escort, mode of travel and time in transit, that might affect the choice of escort;
  • type of restraint equipment (where required);
  • ETAs will normally involve constant supervision, including sight or sound. Any deviation from this norm must be clearly explained, including the precise nature of the supervision plan for the duration of the ETA.

Analysis of Risk:

  • Indicate the offender's current security classification.
  • Include pertinent information from psychological or psychiatric assessments, GSIR score and other actuarial information.
  • Include pertinent information from an Elder assessment, if available.
  • Consult with the Security Intelligence Officer and note any security concerns, including incompatibles/affiliations. If there are no security concerns, a statement should be made to that effect.
  • For Aboriginal offenders, where appropriate, ensure that input from Elders or Aboriginal Liaison Officers is considered in the Temporary Absence decision-making process.
  • If the offender has been denied conditional release by the NPB within the last 12 months, indicate the type of conditional release denied and the reasons for the denial, and provide evidence that the offender has sufficiently addressed such reasons to the point where he or she meets the criteria for Temporary Absences.
  • If the offender has had previous breaches of trust, including unsuccessful Temporary Absences, indicate the contributing circumstances and why he or she can be managed on the proposed Temporary Absence. Also specify instances where the offender has performed well in situations of trust.
  • Assess the risk of re-offending for the period of the absence rather than the long-term risk of re-offending and provide a statement on the risk of re-offending.
  • In cases where the Temporary Absence is being recommended, specify how the risk will be managed during the absence.

Special Conditions (if applicable):

  • Justify the necessity for each condition recommended.

Dissenting opinion:

  • Specify any differences of opinion and the underlying reasons.

Final Recommendation:

  • Indicate your final recommendation and any relevant details associated with it (e.g., duration, destination, supervision requirements, special conditions as well as type of escort personnel and restraint equipment [where required] in the case of ETAs).
NOTE: Any consideration for change in the type of escort personnel and/or restraint equipment once a program of ETAs has been approved will be formally reviewed and approved by the decision-maker.

 

ANNEX E

CONTENT GUIDELINES – ASSESSMENT FOR DECISION –

WORK RELEASE

Introduction: (This section should concisely provide a context within which the reader can operate.)

  • Case status (length of sentence, current offence(s), outstanding charges or appeals, immigration/deportation/extradition status).
  • Assess the offender's case in respect to the eligibility for Work Release.
  • Composition of the Case Management Team, including Elder and/or Aboriginal Liaison Officer in the case of Aboriginal offenders.

Assessment of Progress and Behaviour:

  • Indicate the offender's institutional behaviour.
  • Indicate the offender's progress against his/her Correctional Plan. Identify whether the offender has benefited from involvement in programs and how participation has reduced his/her risk.

Structured Plan for the Proposed Work Release:

  • Indicate the purpose of, and the objectives the offender must achieve while on the Work Release.
  • The supervision requirements, including the frequency and nature of supervision contacts.
  • The details regarding the accompaniment of the offender to and from the work site, if required.

Analysis of Risk:

  • Indicate the offender's current security classification.
  • Include pertinent information from psychological or psychiatric assessments, GSIR score and other actuarial information.
  • Include pertinent information from an Elder assessment, if available.
  • Consult with the Security Intelligence Officer and note any security concerns, including incompatibles/affiliations. If there are no security concerns, a statement should be made to that effect.
  • For Aboriginal offenders, where appropriate, ensure that input from Elders or Aboriginal Liaison Officers is considered in the work release decision-making process.
  • If the offender has been denied conditional release by the NPB within the last 12 months, indicate the type of conditional release that was denied and the reasons for the denial, and provide evidence that the offender has sufficiently addressed such reasons to the point where he or she meets the criteria for Work Release. If the offender has had previous breaches of trust, indicate the contributing circumstances and why he or she can be managed on the proposed release. Also specify instances where the offender has performed well in situations of trust.
  • Assess the risk of re-offending for the period of the Work Release, rather than the long-term risk of re-offending, and provide a statement on the risk of re-offending.
  • Specify how the risk will be managed during the Work Release.

Special Conditions (if applicable):

  • Justify the necessity for each condition recommended.

Dissenting opinion:

  • Specify any differences of opinion and the underlying reasons.

Final Recommendation:

Indicate your final recommendation and any relevant details associated with it (e.g., duration, destination, special conditions).

 

ANNEX F

CONTENT GUIDELINES FOR EVALUATION OF TEMPORARY ABSENCE

  1. It is necessary to assess whether the plan for the absence has been met and what significance the success (or lack thereof) of the absence has for the offender's individual Correctional Plan.  
  2. The evaluation will include a balanced overview of the absence, related to the specific objectives outlined in the original decision and if applicable, identify and describe any problems apparent during the course of the absence.  
  3. The reasons for any unsuccessful absence will be recorded and reviewed by the original decision-maker before any previously approved Temporary Absences are actioned or before any new Temporary Absences are granted.  
  4. A determination of whether or not the Temporary Absence is a success must be made and recorded in the evaluation.  
  5. A Temporary Absence will be considered a success if the stated objectives of the absence are met and none of the following conditions is encountered by the offender:
    1. failing to return or returning late without good cause;  
    2. being convicted of being under the influence of an intoxicant or of being in the possession of contraband upon returning to the institution;  
    3. having the absence cancelled or suspended after its commencement due to a deterioration in his/her behaviour or performance;  
    4. being detained by the police for behaviour indicative of criminal re-involvement;  
    5. breaching a condition of the Temporary Absence.

 

ANNEX G

COMPLETION CODES AND DEFINITIONS FOR

TEMPORARY ABSENCES AND WORK RELEASES

CODE

DESCRIPTION

DEFINITION

01

 

 

 

Breach of Condition

Following the offender's return to the institution, it became apparent that one or more conditions had been violated, but no administrative action was taken during the course of the Temporary Absence/Work Release because the violation went undetected.

Note : Recoding will be required once the violation has been substantiated. Codes 02, 06, 10 and 11 take precedence over code 01.

02

Detained by Police

The offender was detained by the police and remained in police custody beyond the expiry of the Temporary Absence/Work Release permit and a Warrant was not issued.

03

Deceased

The offender died during the time of the Temporary Absence/Work Release.

04

Did not participate

The offender refused to participate, or was unable to participate, in a group ETA following the creation of the permit but prior to the start of the release.

05

Extension

The offender returned on or before the time specified in an authorized extension to the permit.

Note : Recoding will be required if, subsequent to the offender's return, conditions described in any one of the following codes applies: 01, 06 or 08.

06

Offender convicted of being under the influence of an intoxicant and/or in possession of contraband upon return to the institution.

The offender returned to the institution either late or on time but was subsequently convicted of being under the influence of an intoxicant and/or in possession of contraband upon return.

Note : Recoding of completion code will be required once conviction is obtained.

07

Late

The offender returned to the institution late but was not declared Unlawfully at Large and a Warrant was not issued.

Note : Recoding will be required if, subsequent to the offender's return, conditions described in any one of the following codes applies: 01, 06, or 08.

08

Objective of Temporary Absence/Work Release not met

This code should be used when all of the following conditions apply:

  1. The offender returned from the Temporary Absence/Work Release on time.
  2. None of the following codes applies: 01, 02, 06, 10, or 11. These codes take precedent over code 08.
  3. One or more of the objectives stipulated in the Temporary Absence/Work Release were not met for reasons directly related to the offender's performance even though no conditions were breached and no offences were committed. For example: in the case of a Temporary Absence, the offender was to attend a family gathering but failed to appear.
  4. The failure to meet stated objectives is deemed to be serious enough to prevent the granting of further absences/Work Releases until related concerns are fully addressed. For example: in the case of a Temporary Absence, the objective of the absence was to attend a job interview, but the offender failed to keep the appointment because he spent time with friends. In this instance, remedial action in the form of counselling or living skills instruction may be required before further absences are granted.

Note : Recoding will be required once the violation has been substantiated. Codes 01, 02, 06, 10, or 11 take precedence over code 08.

09

On Time

The offender returned on or before the time specified on the permit.

Note: Recoding will be required if, subsequent to the offender's return, conditions described in any one of the following code definitions applies: 01, 06, 08.

10

Temporary Absence Suspended

The Temporary Absence was suspended while in progress.

11

UAL

The offender failed to return to the institution and was declared Unlawfully at Large.

12

Work Release Terminated

The offender was on an ETA at the same time as the Work Release and went Unlawfully at Large while on the Temporary Absence OR the Work Release was terminated for reasons beyond the control of the offender, e.g., the host organization no longer had a need for the offender's services.

13

WR Suspended

The Work Release was suspended while in progress.

14

Temporary Absence Terminated

The Temporary Absence was terminated for reasons beyond the control of the offender.

 

 


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