POLICY BULLETIN

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Policy number and title:

CDs 701, 704, 705, 705-1, 705-3, 705-6, 705-7, 710, 710-1, 710-2, 710-3, 710-4, 710-6, 712, 712-1, 712-2 and 712-4

Why were the policies changed?

The Institutional Reintegration Operations Division previously consolidated and streamlined all the case management policy documents. They were subsequently promulgated on April 10, 2006.

Since the promulgation, there has been a need to change, amend and/or delete some paragraphs or portions of the policies due to errors, omissions and for clarification purposes.

What has changed?

Technical amendments were made to the following Commissioners Directives:

CD 701 - Information Sharing

• Wording of paragraph 5 in Annex A was amended to clarify that it would also include any subsequent changes.

CD 704 - International Transfers

• A new heading in the Table of Contents "Administrative Arrangements" has been added to include information pursuant to sections 31 and 32 of the International Transfer of Offenders Act (ITOA).
• "CD 717 - Community Assessments" was added to the list of cross-references.
• Wording amended in paragraph 4 to clarify responsibilities. Offenders are entitled to contact their consular representatives "pursuant to the Vienna Convention on Consular Relations".
• The list of signatory countries is no longer included in Annex A. Paragraph 5 of the CD now refers the reader to the International Transfers website for the most up-to-date information.
• A paragraph was added below the Roles and Responsibilities title to identify who has delegated authority to implement the program.
• Wording amended in paragraph 11 to identify the correct form to be used for an international transfer application.
• In subparagraph 14 c, "where appropriate" has been deleted since we should always transmit the application package.
• Wording changed in subparagraph 14 d to specify only where applicable.
• Paragraph 15 on transfers to Canada was added to explain how offenders should apply for a transfer to Canada.
• Two subparagraphs were added in paragraph 16
  (i & j) (old paragraph 14) to reflect changes in the new ITOA.
• In paragraph 19 (old paragraph 16), Community Assessments were added to the ADC's responsibilities.
• Wording in paragraph 23 (old paragraph 22) amended to clarify responsibilities.
• Old paragraphs 24-28 were deleted as they have been incorporated into new paragraph 23.
• The heading "Administrative Arrangements" and paragraphs 27 and 28 were added to include ad hoc agreements for the transfer of young offenders, as defined by the Youth Criminal Justice Act, and offenders found not guilty by reason of mental illness. This amendment is made in accordance with sections 31 and 32 of the ITOA. These types of transfers were not included in the previous legislation.
• The information in old Annex B is now provided in Annex A, and the wording in paragraph a has been amended to identify the correct form to be used for an international transfer application.

CD 705 - Intake Assessment Process

• New paragraph 14 provides direction inadvertently omitted with regard to Exchange of Service Agreements.
• The word "all" was removed in paragraph 15 (old paragraph 14) to allow for consistency with a new paragraph that outlines who the Intake Assessments will be conducted on.
• The word "completed" was removed from paragraph 21 (old paragraph 20) since there is a time limit for the completion of the Post-Sentence Community Assessment (i.e. within 40 days), which is specified in another CD.
• "Admission Interview" title above paragraph 22 has been replaced with "Immediate Needs Interview".

CD 705-1 - Preliminary Assessments and Post-Sentence Community Assessments

• The wording in paragraph 13 has been changed from "Preliminary Assessment interviews will be held" to "will normally be held" since at times, the offender is moved to federal custody before the Parole Officer has the opportunity to conduct the interview.
• In Annex A, "May be gas reactant or unaffected by gas" has been added to the Security Immediate Needs checklist.

CD 705-3 - Immediate Needs and Admission Interviews

• The wording in paragraphs 3 and 4 has been amended to clarify timeframes.
• "Admission Interview" title above paragraph 6 has been replaced with "Immediate Needs Interview".
• Paragraphs 6 d and e were reinserted as they were previously omitted.
• Paragraphs 7 and 8 were reversed and wording was amended in paragraph 8 to clarify interview type.
• In paragraph 9, old subparagraph e has been deleted, and subparagraph j has been moved to Annex B.
• "Admission Interview" in Annex B title was replaced with "Immediate Needs Interview".

CD 705-6 - Correctional Planning and Criminal Profile

• Paragraph 20 wording was amended to remove the requirement for the Aboriginal Liaison Officer/Elder to be present at the initial assessment interview.
• In paragraph 47, the wording "and there are reasonable and probable grounds to believe that the offender is likely to commit a sexual offence involving a child" has been removed. Reasonable and probable grounds has been removed as this is not required at this stage.
• In first bullet under Sentence Planning of Annex B, the reference to CD 585 - National Drug Strategy has been removed as it is not required.
• Third bullet under Sentence Planning of Annex B was amended to reference the proper CD in both English and French.

CD 705-7 - Security Classification and Penitentiary Placement

• Several changes were made to ensure the French and English text said the same and to clarify direction.

CD 710 - Institutional Supervision Framework

• A portion of paragraph 22 has been deleted.
• "Admission Interview" title above paragraph 27 has been replaced with "Immediate Needs Interview".

CD 710-1 - Progress Against the Correctional Plan

• In paragraph 12, "Correctional Officer II" has been replaced by "Parole Officer".

CD 710-2 - Transfer of Offenders

• A reference to section 81 - Agreements with Aboriginal Communities has been added in paragraph 3.
• Paragraph 5 no longer includes reference to "voluntary emergency transfer" as this does not occur.
• New paragraph 11 has been added to reflect agreements with Aboriginal communities and provinces.
• Subparagraph 31 j now includes "victim notification" as an issue to be taken into consideration when transferring offenders.
• Paragraph 43 (old paragraph 42) was amended to eliminate the need to do case conferences when the offender's security classification is not consistent with that of the proposed receiving institution.
• In paragraph 51 (old paragraph 50), the requirement to include the Notice of Involuntary Transfer Recommendation in the body of the Assessment for Decision has been removed. This requirement has also been removed from the Content Guidelines in Annex C. This requirement was removed to avoid duplication.
• New paragraph 79 provides direction with regard to Exchange of Service Agreements.
• Paragraph 99 (old paragraph 97) was amended to reflect the correct reference to paragraph 97.
• In Annex A, Inter-Regional Transfer, Timeframes for Decision column, the last portion which referred to "10 calendar days" was deleted to reflect the standard of all transfers.
• Annex A, Inter-Regional (voluntary and involuntary, including emergency) - Decision-Maker, the last sentence "If consensus cannot be reached, the case is referred to the ACCOP for decision" has been deleted since the ACCOP is not the decision maker.

CD 710-3 - Temporary Absences and Work Releases

• Paragraph 31 has been reworded and a sentence has been deleted in subparagraph c to highlight the guidance of sentence management.
• Paragraph 32 was amended to include a reference to the Criminal Code.
• Paragraph 36 was amended and previous subparagraph a (offenders who are detained) has been removed to clarify who is eligible.
• Paragraph 37 was amended to include a reference to Annex B.
• In paragraph 41, "recorded in the file" has been replaced with "recorded in the Assessment for Decision".
• Old paragraph 63 has been moved to become paragraph 75.
• In paragraph 89, the words "under CSC security escort" has been replaced with "performed by correctional staff".
• In Paragraph 110, more details are provided on procedures.
• In Annex A, a sentence was added under Specific Personal Development Program concerning the renewal of UTAs of up to 60 days each.
• In Annex B, a sentence was added to include compassionate ETAs.
• In Annex D, under the Content Guidelines, the word "and" was added with "or" to clarify constant supervision.
• In Annexes D and E on Content Guidelines, the Aboriginal Social History was added in the Analysis of Risk.

CD 710-4 - Perimeter Work Clearance

• All references to minimum security have been removed given that minimum security inmates are rated low in institutional adjustment problems, escape risk and public safety risk, and are eligible for perimeter work clearance.

CD 710-6 - Review of Offender Security Classification

• Paragraphs 14-19 were reworded to provide clarification on security classification reviews.

CD 712 - Case Preparation and Release Framework

• "District Directors" was added to paragraph 10.

CD 712-1 - Pre-Release Decision Making

• Waiver Form (NPB/CNLC 0079) has been amended to include a section for the Institutional Head's comments and signature.
• In subparagraph 30 i, the acronym SPC was changed in the French column of the CD on the InfoNet which read "SPP".
• Subparagraph 42 b was moved to paragraph 41 b which resulted in a realignment of both paragraphs.
• Paragraph 50 was deleted as information in paragraph 49 was deemed sufficient.
• In paragraph 103 (old paragraph 104), a subparagraph was added to reflect the possibility that an offender can be released even if he or she was ordered to be removed under the Extradition Act.
• Paragraph 131 was amended to be consistent with earlier policy.
• In Annex A, the BF guidelines for detention incorrectly indicated that case preparation should start at the 11-month mark. A reference is now made to CD 712-2 - Detention.
• In Annex G, the Aboriginal social history was added in the Risk Assessment section of the Content Guidelines.

CD 712-2 - Detention

• Paragraph 24 has been changed to clarify the process and reflect that the Deputy Commissioner can decide not to refer the case to the Commissioner.
• New paragraph 25 provides clarification on administrative decisions.

CD 712-4 - Release Process

• Paragraph 31 (old paragraph 41) has been modified to clarify that accompaniment is voluntary.
• New paragraph 32 provides direction to staff should the Institutional Head agree to accompaniment for the offender.
• New paragraph 33 describes how the decision to provide accompaniment for an offender should be documented.
• New paragraph 34 confirms that the Institutional Head is the final decision maker with respect to accompaniment.
• Old paragraph 42 has been deleted and incorporated into paragraph 31.
• Paragraph 45 (old paragraph 43) has been amended to confirm that no action with respect to accompaniment will take place until it has been approved.
• In paragraph 46 (old paragraph 44), clarification has been provided on actions of person accompanying the offender.
• Paragraph 48 (old paragraph 46) has been amended to provide direction should the offender not wish to be accompanied.
• Paragraph 49 (old paragraph 47) has been amended to reflect current legislation.
• Old paragraphs 48 to 56 were deleted and a sentence was added in paragraph 49 to see Sentence Management for guidance.
• Paragraphs 63, 64 and 65 (old paragraph 70) have been amended to confirm that prior to the institutional Parole Officer contacting the community for a proposed EDR, the offender's consent is required.
• Old paragraph 72 has been deleted and relevant information was incorporated into paragraph 66.
• Old paragraph 73 has been deleted as policy now provides direction with respect to how to manage offenders who do not wish to have an EDR even though it is felt that they do require some form of escort to ensure that they reach their destination.
• Old paragraph 74 has been incorporated into new paragraph 68.
• Paragraph 76 (old paragraph 82) has been amended to ensure that the offender is advised of any decision regarding his or her application for EDR.
• Paragraph 81 (old paragraph 87) has been amended to reflect that offenders on any form of parole are eligible to temporary accommodation in a penitentiary.
• Paragraph 100 (old paragraph 105) has been amended to eliminate the need to provide the information package to NPB.
• In Annex E, Ogilvy CCC was added as it was inadvertently removed when the polices were originally amended.
• Annex F has been deleted since the Sentence Administrator will provide assistance on this matter.

How was it developed?

The CDs were completed and sent to all regions prior to their promulgation on April 10, 2006. Upon implementing the new policies, comments, request for further clarification and noted errors were received from the regions. All incoming correspondence was reviewed and, where required, clarification, amendments, additions, and/or deletions were made to the existing policies.

Accountabilities?

All Staff.

Who will be affected by the policy?

All staff and offenders.

Expected cost?

None.

Other impacts?

None.

Contact:

Julie Keravel
Director, Institutional Reintegration Operations
613-995-7954
KeravelKG@CSC-SCC.GC.CA

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