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COMMISSIONER'S DIRECTIVE
TEMPORARY ABSENCES AND WORK RELEASES
[ 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 OBJECTIVES1. 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):
Corrections and Conditional Release Regulations (CCRR): CROSS-REFERENCES
5. CD 566-5 - Non-Security Escorts DEFINITIONS6. 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). PRINCIPLES16. 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 RESPONSIBILITIES19. 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:
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 ABSENCES27. Temporary Absences may be granted for the following purposes:
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. ELIGIBILITYUnescorted 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):
31. Offenders not eligible for UTAs:
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):
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:
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. 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 CRITERIA45. Temporary Absences may be granted where, in the opinion of the releasing authority:
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. 49. Work Releases may be granted where, in the opinion of the Institutional Head:
ASSESSMENT AND REVIEW OF APPLICATIONS50. The Parole Officer/Primary Worker will obtain input from the Elder and/or Aboriginal Liaison Officers where appropriate.TEMPORARY ABSENCE PROCESS51. 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:
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:
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:
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:
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:
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:
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 DURATION74. 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. 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 HEARINGS80. 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 SUPERVISION83. 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:
87. The supervisor may, in response to circumstances arising during the UTA, impose special instructions as deemed necessary. 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. 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 RELEASES94. 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 NOTIFICATION95. 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:
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 COMPLETIONRecording 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. 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 ABSENCES111. 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.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. 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:
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 TRANSFER122. 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 RELEASE123. 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 RELEASE124. 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 PROCESS127. 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:
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. 142. Before a Work Release or a Work Release program is implemented, the following procedures must be carried out:
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". 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 RELEASES147. 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:
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:
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 REPORTS155. 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:
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 PAY163. 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 OFFENDERS166. 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:
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:
RHQ
NHQ
REDRESS169. 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
ANNEX A
|
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:
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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Last Updated:
2006.04.20
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