COMMISSIONER'S DIRECTIVE

INMATE'S MONEY

Policy Bulletin 157 (2003-06-06)
Policy Bulletin 199 (2005-12-23)
Policy Bulletin 208 (2006-07-20)

POLICY OBJECTIVES

1. To encourage inmates to budget so that funds are available for authorized expenditures and for their release.

2. To control the flow of money in institutions to ensure the safety of persons and the security of the penitentiary.

3. To establish Inmate Welfare Funds for the purpose of contributing to the welfare of inmates collectively or for recognized charitable purposes outside the institution.

AUTHORITIES

4. Corrections and Conditional Release Act, section 78;
Corrections and Conditional Release Regulations, sections 104.1 and 111;
Financial Administration Act, subsection 21(2).

CROSS-REFERENCES

5. Commissioner's Directive 730, entitled "Inmate Program Assignment and Payments";
Commissioner's Directive 890, entitled "Inmate's Canteen".

DEFINITIONS

6. Income is revenue received from the following sources:

1. inmate pay;
2. pay earned while on work release or conditional release in the community;
3. pay received from a third party for work performed in a penitentiary;
4. a business operated by the inmate;
5. the sale of hobby craft or custom work;
6. a pension from a private or government source.

INMATE TRUST FUND

7. Each institution shall establish and administer an Inmate Trust Fund for each inmate, consisting of a current account and a savings account. The Financial Administration Act authorizes payment of interest on these accounts.

8. Each inmate shall be responsible for budgeting to ensure the availability of funds for conditional release and for ongoing expenses such as canteen, telephone calls and the purchase of personal property.

Deductions

9. Permissible deductions from the inmates' income to be deposited in the Inmate Trust Fund shall include, in the following order of priority:

1. reimbursement for any indebtedness to the Crown;
2. contributions to the Inmate Welfare Fund as set out in this directive;
3. room and board. This deduction will amount to 25 per cent of the inmate's total income which exceeds the top offender pay rate of $69 per pay period, after deductions noted in a. and b. above. Deductions for room and board shall not exceed $5 per week day (Monday to Friday) to a maximum of $25 per week.
4. for the purpose of deductions for room and board, as per paragraph 9. c., income accruing from sources indicated in paragraphs 6. d., a business operated by the inmate, and 6. e., the sale of hobby craft or custom work, shall only include net profit of those sources of income.

Community Correctional Centres

10. Offenders residing in a Community Correctional Centre shall be charged room and board amounting to 25 per cent of the income from sources listed in paragraph 6 which exceeds the living allowance set out in Commissioner's Directive 870, entitled "Maintenance Allowance for Offenders". The charge for room and board shall not exceed $5 per week day (Monday to Friday) to a maximum of $25 per week.

11. Refusal to pay shall be dealt with in accordance with section 104.1 of the Corrections and Conditional Release Regulations.

Reducing or Waiving Room and Board Deductions

12. Where an inmate requests that the room and board deduction be reduced, or waived, the Institutional Head, pursuant to subsection 104.1(7) of the Corrections and Conditional Release Regulations, has sufficient discretion to assess the information supplied by the inmate and to decide whether the deduction should be reduced, or waived. The circumstances and rationale underlying the decision to grant or deny the reduction, or the waiver, shall be carefully documented on the inmate's file.

Current and Savings Accounts

13. Ninety per cent (90%), less the deductions outlined in paragraph 9, of the income from:

1. inmate pay, including incentives and overtime;
2. employment in the community while on work release or conditional release;
3. employment in a penitentiary provided by a third party;
4. business operated by the offender;
5. hobby craft or custom work;
6. a pension from a private or government source;

shall be deposited in the offender's current account.

14. The ten per cent (10%) balance shall be deposited in the inmate's savings account.

15. Notwithstanding paragraph 13, where the inmate's income exceeds $69 per pay period, a maximum of $69 per pay period shall be deposited in the offender's current account. The balance shall be deposited in the savings account.

16. All other money brought into the institution by an offender on admission or readmission and any other money from outside sources shall be deposited into the inmate's savings account. This includes items such as cheques other than pensions brought in by visitors or gifts.

17. Where there are reasonable grounds to suspect that money arriving from an outside source may involve illicit activity, the police should be called.

18. The minimum balance in the savings account shall be $80. However if an inmate gives direction in writing for the withdrawal of any funds in his/her savings account required for costs incurred in relation to any legal proceedings, such direction will be acted upon without regard to any limitation. The direction may be subject only to reasonable verification that the funds are being spent for the stated purpose.

Withdrawals

19. The current account may be used for:

1. canteen purchases as per Commissioner's Directive 890, "Inmate's Canteen";
2. purchases of personal property as per Commissioner's Directive 090, "Personal Property of Inmates";
3. purchases of other items, including hobby craft and large items, authorized by the Institutional Head;
4. transfers of monies to a savings account;
5. temporary absences;
6. family assistance;
7. community celebrations;
8. charitable donations;
9. costs related to compassionate considerations.

20. Transfers from the savings account to the current account must be in support of the correctional plan or of constructive and legitimate inmate activities. All money withdrawn from the savings account shall be deposited into the current account.

21. Withdrawals from the savings account shall not exceed $500 and no more than four separate amounts shall be authorized each fiscal year. One additional withdrawal may be made annually for the Holiday Canteen as established in Commissioner's Directive 890, entitled "Inmate's Canteen".

22. Withdrawals above the $500 limit for family related reasons shall be based on a case by case review and be consistent with the Mission Document. The Institutional Head or delegate is authorized to determine the amount of such withdrawals. These requests are subject to reasonable verification to ensure that the funds are used for the stated purpose.

23. The Institutional Head or delegate may authorize, on a case by case basis, requests for withdrawals above the $500 limit to pay for legal fees and related costs, private family visits, correspondence and post-secondary courses and related materials, and smoking cessation products if authorized by Health Services. Requests are subject to reasonable verification to ensure that the funds are used for the stated purpose.

24. Where an inmate receives compensation from the Crown for the loss of personal property or for damages to property, the amount of the compensation shall be deposited in his/her savings account. If the inmate wishes to replace or repair the lost/damaged item, a withdrawal may be made from the savings account for this purpose. This withdrawal is in addition to the $500 limit.

25. When an inmate is admitted into an intake assessment unit or a post-suspension unit, a transfer of funds not to exceed $100 may be made, within 30 days from admission, from the savings account to the current account to allow for a first canteen purchase or to start a hobby. This transfer shall be included in the annual amount of $500 and will count as one of the four allowed annual transfers.

26. Funds may only be transferred between inmate accounts if a family relationship exists between them and only between savings accounts.

Temporary Absences

27. Money shall be committed for a temporary absence on approval of the temporary absence, based on reasonable actual costs. These funds shall be withdrawn from the current account. Transfers from savings for temporary absences shall be within the $500 annual limit, but will not be within the four authorized annual transfers.

28. Any money in the inmate's possession on return from a temporary absence shall be allocated as follows:

1. recovery of direct expenditures of public funds for the absence;
2. deposit to the current account of an amount equal to that withdrawn for the absence; and
3. deposit to the savings account of any balance;

Transfers

29. When an inmate is transferred to another institution, all money from current and savings accounts and any outstanding deductions, forfeitures and loans shall be transferred to the receiving institution. Records of withdrawals from the savings account to the current account shall accompany the inmate.

Release

30. All money standing to the credit of an inmate, following payment of any money owed to the Crown, shall be released to the inmate on any form of release, except for a temporary absence or work release.

31. In instances where the total of the inmate's current and savings accounts is less than $50 at the time of discharge, payment shall be made to the inmate in an amount equal to the difference between the total and the sum of $50.

INMATE WELFARE FUND

32. Each institution shall establish and administer an Inmate Welfare Fund in accordance with accepted accounting and budgetary control principles.

Revenue

33. Revenue for the Inmate Welfare Fund shall be derived from:

1. deductions from inmate pay;
2. canteen profits;
3. interest on the Fund's cash balance;
4. receipt of gifts authorized by the Institutional Head;
5. fund-raising activities carried out by inmates as authorized by the Institutional Head.

34. Rentals of all types by inmates to inmates are prohibited.

35. Contributions to the Inmate Welfare Fund for approved activities shall be established by the Institutional Head on the basis of the number of inmates in the institution and the costs associated with provision of television and cable/satellite services. Barring any special circumstances, the contribution shall be between $0.10 and $0.60 for each remunerated day, up to a maximum of $6 per pay period.

Expenditures

36. The Institutional Head shall establish an Inmate Welfare Committee composed of inmates who will make recommendations on the use of the Inmate Welfare Fund. Implementation of Committee recommendations requires the approval of the Institutional Head or his/her delegate.

37. The Inmate Welfare Committee may recommend disbursements from the Inmate Welfare Fund only to:

1. provide for education, social, cultural and recreational activities for inmates;
2. provide amenities for inmates;
3. grant loans to meet group needs consistent with this section. Individual loans are not authorized;
4. pay for the cost of inmate publications where such costs exceed the amount received from subscriptions, advertisements and donations;
5. make donations to recognized charitable organizations and causes as approved by the Institutional Head or his/her delegate;
6. payment for legal fees on behalf of groups of inmates.

38. Once a collective need has been identified and the use of the Inmate Welfare Fund approved, the Institutional Head shall ensure that the funds are committed for use. Any amount in excess of the commitment must be paid from the Inmate Welfare Fund. Should sufficient funds not be available, reimbursement of this amount shall be a priority from future deposits.

39. Prior to authorizing disbursements for legal fees on behalf of groups of inmates, the Institutional Head shall take reasonable steps to ensure that such expenditure reflects the will of a significant majority of the inmate population, taking into account:

1. the balance of money available in the Fund; and
2. any other obligations or commitments that could normally be expected to be made against the Fund.

Loans

40. Each institution shall establish procedures for application for, approval and repayment of loans from the Fund.

41. Each institution shall establish the maximum amount of any single loan and the total amount that may be disbursed in loans.

42. The Institutional Head may, after seeking the views of the Inmate Welfare Committee, write off loans that have been outstanding for more than one year and that are deemed uncollectable.

Original signed by
Lucie McClung, Commissioner

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