POLICY BULLETIN

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Policy number and title:
CD 580 - Discipline of Inmates

Why was the policy changed?

The objective of the policy on Discipline of Inmates is to contribute to public safety and an orderly and safe correctional environment through a fair and transparent disciplinary process by: promoting compliance and discouraging non-compliance with institutional rules; and contributing to offender rehabilitation and successful community reintegration. A number of changes have been made to streamline, re-order and clarify existing policy and improve processes. The changes took into account the December 2002 joint report by CSC and the Union of Canadian Correctional Officers on inmate discipline in CSC institutions. Some recommendations that did not require policy change were implemented immediately at the local level.

What has changed?

The policy objective now more clearly refers to the relationship between discipline and rehabilitation. Principles are now clearly linked to corporate outcomes. CD 580 also incorporates a March 25, 1998 Interim Instruction related to Procedural Fairness and Discipline of Inmates.

Since the policy objective and underlying principles apply to both Discipline of Inmates (CD 580) and Disciplinary Segregation (CD 597), the latter policy has been incorporated into CD 580.

Authorities, cross-references and definitions have also been added.

Responsibilities have been detailed so that the process is transparent and accountabilities are clear.

CD 580 reinforces the relationship between non-compliant behaviour and case management decisions.

As well, to emphasize the seriousness of breaches of conduct and to encourage respect for the process, the policy now requires that Institutional Heads assign a major court disciplinary advisor and alternate to ensure consistency in process implementation (Annex A describes specific duties and provides direction). The policy also outlines the need for suitable attire and demeanour at hearings and requires the designation of appropriate locations that have adequate space, are well lit, suitably furnished and ensure ease of access.

The policy sets out the formal disciplinary process in more detail. To address delays in hearings and the dismissal of charges that can result, the policy includes timeframes within which each step must be completed and provides that a suitable replacement be available if the minor court Chairperson is away.

The policy requires that informal resolution always, at the very least, be considered as an option and where possible, be attempted. Restriction of movement (i.e. confinement to a range, unit or house) is included as a type of informal resolution, and a reporting requirement has been introduced to safeguard due process. In addition, Institutional Heads are expected to establish a system to monitor the use of informal resolution. To emphasize that informal resolution may be considered or reconsidered at any point in the disciplinary process, the policy specifies that where new information suggests charges were not warranted, or all parties have agreed to an informal resolution, the Institutional Head or delegate, in consultation with the staff member who wrote the offence report, may withdraw the charge. This ensures that all parties are kept informed at all stages of the process.

Guidelines for determining the category of an offence (either serious or minor) are now clearer.

The policy reinforces the need for institutional officials to develop and strengthen relationships with local law enforcement and Attorney General representatives to ensure criminal offences are considered for prosecution in a court of law.

Requirements to inform inmates of pending disciplinary hearings and provide them with relevant documentation have been itemized.

The policy requires written documentation of reasons for delay where exceptional circumstances apply. As well, to provide support to the person who delivers the notice, the policy states that the Correctional Supervisor should be present, where operationally feasible. To prevent possible conflicts, the policy allows the Correctional Supervisor to decide whether the author of the offence report should be the same person who delivers the notice of charge to the inmate.

Before a sanction is imposed, its impact on the Correctional Plan must be assessed. The definition of recreational privileges has been supplemented with examples in Annex B. The imposition of sanctions and loss of privileges must be consistent with the Corrections and Conditional Release Act and section 34 of the Regulations.

The policy clarifies that a private family visit shall not take place during a period to be served in disciplinary segregation; however, any scheduled private family visit shall be brought to the Independent Chairperson's (ICP) attention at the time of sentencing to allow for accommodations, if and when appropriate.

The policy sets out that all charges, findings, sanctions and reasons will now be recorded in the Offender Management System within two working days following the hearing.

The part of the policy that deals with disciplinary segregation now provides clearer direction on cell effects.

Inmates may grieve any aspect of procedures or minor court decisions, but they may not grieve procedures or decisions relating to hearings for serious offences that are under the exclusive jurisdiction of an ICP.

The policy encourages ongoing consultation with the ICPs to reinforce the use of informal resolution, and to improve communications and information sharing between ICPs and key regional and institutional staff.

How was it developed?

The new policy was developed by Correctional Operations and Programs in consultation with ICPs, Citizen Advisory Committees, unions, other external stakeholders, and with management and operational staff from all regions, the National Headquarters Policy Division, Rights, Redress and Resolution Branch and Legal Services.

Accountabilities?

Institutional Heads as per the Corrections and Conditional Release Act

Who will be affected by the policy?

CSC staff, inmates and ICPs.

Expected cost?

N/A

Contact:

Fraser McVie

Director General, Security

(613) 996-7715

E-mail address: McVieFD@csc-scc.gc.ca

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