Commissioner's Directive 703: Sentence management

Purpose

To establish the framework for the management of court ordered sentences and long-term supervision orders for offenders under federal jurisdiction, to ensure the lawful admission, detention and release of such individuals.

Application

Applies to staff responsible for the management of offender sentences and long-term supervision orders.

Responsibilities

1. The Regional Deputy Commissioner will ensure regional instructions are developed to effect the acceptance of a federal offender in the region of arrest when they arrive at any federal institution following an escape, being unlawfully at large, or return from judicial interim release.
2. The National Manager, Sentence Management, will:
   1. direct sentence management operations by developing and implementing policies and procedures to ensure sentences and long-term supervision orders are carried out in compliance with the law, and
   2. manage extradition procedures for offenders returning to Canada under federal jurisdiction.
3. The Regional Manager, Sentence Management, will:
   1. manage regional sentence management operations, in accordance with policies and procedures
   2. monitor audit results and identify trends impacting the regional management of offender sentences and orders
   3. collaborate with internal and external criminal justice partners to support federal sentence management activities
   4. identify and resolve regional discrepancies to ensure consistent, accurate interpretation and application of standard procedures, legislation, and case law
   5. ensure cases are not audited in succession by the Chief, Sentence Management.
4. The Chief, Sentence Management, will:
   1. authorize the admission and release of offenders, including offenders subject to provincial or territorial exchange of service agreements
   2. ensure all relevant information is identified when confirming sentence structure and eligibility dates for all federal offenders and offenders subject to provincial or territorial exchange of service agreements
   3. verify case information reported in the Sentence Management module of the Offender Management System (OMS)
   4. communicate with internal sectors within the Correctional Service of Canada (CSC) and external criminal justice partners to ensure information used by Sentence Management is accurate
   5. provide advice to institutional management teams on matters involving the administration of federal sentences and long-term supervision orders
   6. report, in writing, the following situations to the Regional Manager, Sentence Management:
      1. a sentencing court amends a warrant of committal following an offender’s release which requires the offender to return to custody to await a future release eligibility date
      2. an offender’s release eligibility dates are amended following the review by the Chief, Sentence Management, from a grievance submitted by the offender, and
      3. any other situations, as instructed by National Headquarters
      4. provide information to the Victim Services Unit in accordance with Commissioner’s Directive (CD) 784: Victim Engagement.
5. The Sentence Management Officer will:
   1. structure offender sentences using all relevant legislation, case law, policies, and directives to calculate conditional release eligibility dates, warrant expiry date, long-term supervision end dates, and long-term supervision residency start and end dates, where applicable, for each offender on their assigned caseload
   2. identify and resolve discrepancies between warrants of committal, transcripts and other court-issued documents by collaborating with external criminal justice partners
   3. report all relevant sentence management information in the Sentence Management module of OMS, and
   4. provide information to the Victim Services Unit in accordance with CD 784: Victim Engagement.
6. The Parole Officer will provide the following information to the assigned Sentence Management Officer, by email, as soon as practicable:
   1. determination that no serious harm occurred
   2. all judicial review events
   3. supporting documentation to raise the foreign agency notification flag, and
   4. determination that an offence is a sex offence involving a child.

Procedures

Offender Names

7. The assigned Sentence Management Officer will record the name of the offender in OMS using the name provided on the warrant of committal containing the sentence that brings the offender under federal jurisdiction.
8. The assigned Sentence Management Officer will activate the flag for "Serving Sentence Under Alias" in OMS within five working days, upon receipt of documentation from CSC staff or criminal justice partners that confirms the name currently reported in OMS is not the offender’s legal name.
9. The assigned Sentence Management Officer will report all other offender names and spellings as aliases in OMS.
10. The assigned Sentence Management Officer will only change an offender’s name when:
    1. the offender requests in writing that they be known by their legal name and provides a certified true copy or notarized copy of original identification documents, or
    2. criminal justice partners, CSC staff or the offender provide a certified true copy or notarized copy of a legal court document identifying the legal name.
11. If a name change occurs, the assigned Sentence Management Officer will confirm that:
    1. the former name is noted as an alias
    2. the change of name is recorded in OMS
    3. notification of the name change is sent to the institution’s Administrative Services to ensure the offender’s files are amended, and the Parole Board of Canada (PBC) and the regional Victim Services Unit are informed, and
    4. the documents are placed on the Sentence Management hard copy file.

Fingerprint Section Number

12. CSC staff will use the Fingerprint Section number assigned to each offender by the Royal Canadian Mounted Police (RCMP) as the standard offender identifier and will use this number in all communication within CSC and with external criminal justice partners.

Upon Physical Admission of an Offender

13. The Chief, Sentence Management, will authorize the admission and be provided with all legal documentation accompanying the offender in the case where a newly sentenced offender arrives at the institution and the pre-authorization of admission has not occurred.
14. Sentence Management staff will:
    1. disseminate the accompanying sentence documentation to the assigned Sentence Management Officer, if required, and
    2. notify the assigned Sentence Management Officer of any known issues.

Newly Sentenced Offender

15. Within three working days following notification of a newly sentenced offender, the Chief, Sentence Management, will:
    1. determine jurisdictional authority by reviewing court-issued documentation to ensure it meets legal requirements, pertains to the individual offender and is issued in accordance with criminal legislation
    2. determine if the offender is subject to dual status
    3. pre-authorize the admission of the offender to federal custody
    4. initiate the Sentence Management module in the electronic Sentence Management file in OMS, and
    5. assign the case to a Sentence Management Officer.

16. Upon receipt of an offender on their caseload, the Sentence Management Officer will ensure the following is entered or updated in the offender’s tombstone information:
    1. name
    2. Fingerprint Section number (if available)
    3. date of birth
    4. sex
    5. remand status information
    6. citizenship, and
    7. place of birth.
17. The assigned Sentence Management Officer will:
    1. if the offender's place of birth was outside of Canada:
       1. advise the Canada Border Services Agency (CBSA) of the offender's arrival at a federal institution
       2. request the CBSA to determine the offender's citizenship status in Canada and place the response in the Sentence Management hard copy file, and
       3. monitor the immigration enforcement process through regular contact with the CBSA.
    2. no later than 15 working days following the date the admission was authorized by the Chief, Sentence Management, complete the following sentence management activities, including the recording of all court directions and sentence management information and results in OMS:
       1. review all available documentation, report discrepancies to the applicable court and request amended documentation, when required, using the Court Request form (CSC/SCC 1562e) and the Follow-Up Court Request form (CSC/SCC 1559e)
       2. prepare the Sentence Summary of Events and determine conditional release eligibility dates in OMS by identifying, applying and reporting all relevant information, including:
          1. court directions and parole restrictions
          2. events which impact the length of, or period of time over which, the sentence(s) is (are) to be served, including all periods of being at large, either lawfully or unlawfully
          3. applicable legislation, and
          4. applicable case law
       3. designate the PBC as the unescorted temporary absence authority in OMS until informed that the criteria for serious harm has not been met
       4. where applicable, identify and report in OMS:
          1. entitlement to judicial review
          2. entitlement to accelerated parole review
          3. terrorism offences
          4. criminal organization offences
          5. sexual offences involving a child
          6. dangerous offender designation
          7. long-term offender designation, and
          8. if a sentence, conviction or sentence and conviction are under appeal
       5. notify the Parole Officer by email if the offender is serving a sentence for Schedule I or II offences only when the specific offences for which the offender is convicted are not identified in OMS
       6. following positive identification of the offender by the RCMP, assign or confirm the Fingerprint Section number in OMS and provide email notification of the assigned number to the appropriate staff, and
       7. provide notification to the PBC following admission.

Throughout the Offender’s Sentence

18. Throughout the offender’s sentence, the assigned Sentence Management Officer will:
    1. review additional court-issued documentation, compare them with current information on file and in OMS, action changes to sentences and resulting release eligibilities and report major discrepancies to the Chief, Sentence Management, and the courts
    2. immediately complete all sentence management activities, including requesting a review by the Chief, Sentence Management, when the documentation received results in:
       1. an immediate release
       2. a release occurring within the next 10 working days, or
       3. a conditional release becoming inoperative
    3. within three working days, complete all sentence management activities, including requesting a review by the Chief, Sentence Management, when the documentation received impacts the sentence structure, release eligibility or warrant expiry for detained offenders who receive an additional sentence
    4. within five working days, complete all sentence management activities, including requesting a review by the Chief, Sentence Management, when documentation is received for:
       1. offenders who have already been subject to the one-year audit and who subsequently receive a new sentence or when events impact the length of the sentence(s) being served or the time period over which the sentence(s) is (are) being served, or
       2. offenders who are impacted by case law decisions or legislative amendments
    5. complete all sentence management activities within five working days, unless specified otherwise in this directive, when additional events occur, relevant CSC and PBC decisions are rendered or new or amended court directions are received
    6. upon notification from the Parole Officer:
       1. amend unescorted temporary absence authority following determination of no serious harm
       2. report judicial review events and action results
       3. flag the offender for foreign agency notification, and
       4. update the Sexual Offence Involving a Child field in OMS
    7. complete all sentence management activities, including requesting a review by the Chief, Sentence Management, immediately upon identification or notification of an unscheduled release
    8. within 20 working days following an inter-regional transfer, review the transferred offender files for anything requiring urgent attention (e.g., accelerated parole review eligibility, deportation, court orders, detention), verify the sentence structure and report any major discrepancies to the Chief, Sentence Management
    9. in all other cases where an additional sentence is imposed, notify the Chief, Sentence Management
    10. upon notification of an inter-regional transfer:
        1. ensure the file is complete and in chronological order
        2. ensure the inter-regional transfer form is filled out and electronically sent to the Chief, Sentence Management, and the hard copy is placed in the Sentence Management file, and
        3. make the Chief, Sentence Management, aware of any unidentified issues, and
    11. provide notification to the PBC following readmission and modifications to the offender sentence.
19. The Chief, Sentence Management, will:
    1. confirm the accuracy of sentence structure, conditional release eligibilities and OMS reporting for offenders as well as create an entry in the corresponding sentence control section in OMS
    2. confirm the information on the inter-regional transfer form and distribute it accordingly, and
    3. conduct an audit of the offender’s file, using the Institutional Audit Control: Sentence Management form (CSC/SCC 1489e), no later than one year following initial admission and for any inter-regional transfer or release taking place within that timeframe.
20. No later than 10 working days following an inter-regional transfer, the Chief, Sentence Management, of the assigned Sentence Management Officer will:
    1. perform a file review to ensure completeness of information
    2. where the initial one-year audit has not yet been performed, complete the audit using the Institutional Audit Control: Sentence Management form (CSC/SCC 1489e) , and identify areas where additional information is required, and
    3. by the 10th working day, send the file to records for forwarding to the newly assigned Sentence Management Officer.

Judge’s Orders and Appeal Court Notices

21. On behalf of the Institutional Head, the Chief, Sentence Management, or the Sentence Management Officer will receive court orders or notices requiring the attendance of offenders in court and provide notification to the appropriate departments, including the Parole Officer, to allow the institution to facilitate the court appearance.
22. Following the appearance of the offender at court, the assigned Sentence Management Officer will record all results in OMS and determine impacts to the sentence or long-term supervision order.

Sentence Information Sharing

23. Sentence Management staff will:
    1. provide the offender with a copy of their sentence calculation and the Letter to Federal Offenders document outlining conditional release eligibility and unescorted temporary absence authority following admission to federal custody and any changes to the release eligibility dates
    2. upon request, show the offender a copy of their warrant(s) of committal, and
    3. inform the Parole Officer by email when eligibility dates have been established or amended.

Escape or Unlawfully at Large

24. Pursuant to section 11.1 of the CCRA, if an offender escapes or is declared unlawfully at large from a federal institution, the Institutional Head will immediately issue a warrant of apprehension and recommitment to custody in a penitentiary using OMS.
25. The Institutional Head will provide the assigned Sentence Management Officer the signed section 11.1 warrant once it has been issued.
26. The Parole Officer Supervisor or Assistant Warden, Interventions, will provide the assigned Sentence Management Officer with an executed section 11.1 warrant within one working day following the arrest of the escaped or unlawfully at large offender.
27. If an offender continues to be at large at the point they attain 100 years of age, the assigned Sentence Management Officer will record the offender as deceased and archive the electronic OMS file.

Canadian Police Information Centre Checks

28. Canadian Police Information Centre checks will be conducted in accordance with CD 564‑5: Access to the Canadian Police Information Centre (CPIC) for outstanding charges as follows:
    1. by the Chief, Sentence Management:
       1. two weeks prior to a scheduled release on parole, statutory release, warrant expiry or long‑term supervision order, as part of the release authorization process, or
       2. immediately before an unscheduled release, as part of the release authorization process, except when no additional CPIC check is required if there is confirmation on file that a CPIC check was already conducted within the previous two weeks
    2. by the assigned Sentence Management Officer:
       1. within one month following admission to federal custody for a newly sentenced offender to determine the existence of any outstanding charges or other issues related to the offender, or
       2. within two weeks following readmission to federal custody.
29. The Chief, Sentence Management, or the assigned Sentence Management Officer, as applicable, will record the completion of the CPIC check and any actions taken with respect to the check in the Sentence Control section in OMS.
30. Sentence Management staff will record outstanding charge information in OMS as soon as practicable.

Offender Release

31. Following confirmation of release eligibility, the Chief, Sentence Management, will authorize release from custody or jurisdictional authority and identify the release on the Notification of Authorized Releases form (CSC/SCC 1563e) in accordance with the conditions and circumstances outlined in Annex B.
32. The assigned Sentence Management Officer will:
    1. confirm the existence of outstanding charges and any other matters which may require continued detention of the offender, as well as immediately notify the Chief, Sentence Management, and
    2. conduct quality control of the release certificate to confirm the accuracy of:
       1. the release type
       2. the PBC imposed conditions, and
       3. all start and end or expiry dates.

Offender Death

33. Upon notification of the death of an offender, the assigned Sentence Management Officer will, in accordance with CD 530: Death of an Inmate: Notifications and Funeral Arrangements, complete the active sentence record in OMS and archive the electronic file.

Enquiries

34. Strategic Policy Division
    National Headquarters
    Email: Gen-NHQPolicy-Politi@CSC-SCC.GC.CA

Commissioner,
Anne Kelly

Annex A: Cross-references and definition

Cross-References

• CD 002: Designation of Release Sites Other Than Penitentiaries
• CD 081: Offender Complaints and Grievances
• CD 084: Inmates’ Access to Legal Assistance and the Police
• CD 100: Gender Diverse Offenders
• CD 228: Information Management
• CD 530: Death of an Inmate: Notifications and Funeral Arrangements
• CD 564‑5: Access to the Canadian Police Information Centre (CPIC)
• CD 566-6: Security Escorts
• CD 566-11: Electronic Monitoring of Offenders
• CD 701: Information Sharing
• CD 704: International Transfers
• CD 705: Intake Assessment Process and Correctional Plan Framework
• CD 705-1: Preliminary Assessments and Post-Sentence Community Assessments
• CD 705-2: Information Collection
• CD 705-6: Correctional Planning and Criminal Profile
• CD 705-7: Security Classification and Penitentiary Placement
• CD 710-3: Temporary Absences
• CD 710-5: Judicial Review of Parole Ineligibility
• CD 712-1: Pre-Release Decision-Making
• CD 712-2: Detention
• CD 712-4: Release Process
• CD 712-5: Pre-Release Case Preparation for Provincial/Territorial Offenders and Federal Offenders Incarcerated in Provincial/Territorial Facilities
• CD 715-2: Post-Release Decision Process
• CD 719: Long-Term Supervision Orders
• CD 784: Victim Engagement

Interregional Transfer Tool: Long-Term Supervision

• Access to Information Act
• Canadian Charter of Rights and Freedoms
• Cannabis Act
• Controlled Drugs and Substances Act
• Criminal Records Act
• Extradition Act
• Identification of Criminals Act
• Immigration and Refugee Protection Act
• International Transfer of Offenders Act
• Mutual Legal Assistance in Criminal Matters Act
• Prisons and Reformatories Act
• Privacy Act
• Sex Offender Information Registration Act
• Youth Criminal Justice Act

Definitions

Audit: full verification and review of all sentence management information, cross-referenced with legislation, policies, guidelines and manuals. Confirmation and verification of all information regarding offender sentence structure, release eligibilities and long-term supervision residency start and end dates contained in the hard copy file and OMS to ensure accuracy and completeness.

Authorize release: the act of giving official permission or approval to free an offender from confinement.

Dangerous offender: an offender who is subject to a designation by the court pursuant to section 753 of the Criminal Code.

Dual status: offenders who are subject to a current federal sentence and a custodial disposition under paragraph 672.54(c) of the Criminal Code.

Long-term offender: an offender who is subject to a designation by the court pursuant to section 753.1 of the Criminal Code.

Long-term supervision order: an order imposed by the court as a sentencing option to an offender designated as a dangerous offender pursuant to section 753 of the Criminal Code or as a long-term offender pursuant to section 753.1 of the Criminal Code. The offender who has received such an order is supervised in accordance with the CCRA.

Regional instructions: a document created only where there is a need to provide instructions on the implementation of a national policy based on factors unique to a region.

Annex B: Offender release conditions and circumstances

The following paragraphs outline the conditions and circumstances under which releases are to be authorized:

1. Accelerated Day Parole: PBC decision directing accelerated day parole has been locked.
   • The offender must be released on the established day parole date.
   • If this date is in the past, the offender is to be released immediately.
2. Accelerated Full Parole: PBC decision directing accelerated full parole has been locked.
   • The offender must be released on the established full parole date.
   • If this date is on a weekend or statutory holiday, the offender is released the next working day.
   • If this date is in the past, the offender is to be released immediately.
3. Regular Day Parole: PBC decision granting day parole has been locked.
   • The offender is to be released on or after the established date.
4. Regular Full Parole: PBC decision granting full parole has been locked.
   • The offender is to be released on or after the established date.
5. Statutory Release from a Federal Penitentiary
   • The offender must be released on the last working day prior to the established statutory release date.
   • The offender can be released up to five calendar days prior to the established statutory release date when an early discretionary release is approved by the Institutional Head.
   • The offender must be released immediately if an event or recalculation causes the established statutory release date to be in the past and there are no other impediments to the release.
6. Statutory Release from a Place Other than Penitentiary
   • The offender must be released on the established statutory release date.
   • The offender must be released immediately if an event or recalculation causes the established statutory release date to be in the past and there are no other impediments to the release.
   • Provincial correctional authorities are responsible for this release.
7. Warrant Expiry from a Federal Penitentiary
   • The offender must be released on the last working day prior to the established warrant expiry date.
   • The offender can be released up to five calendar days prior to the established warrant expiry date when an early discretionary release is approved by the Institutional Head.
   • The offender must be released immediately if an event or recalculation causes the established warrant expiry date to be in the past and there are no other impediments to release.
8. Warrant Expiry from a Place Other than Penitentiary
   • The offender must be released on the established warrant expiry date.
   • The offender must be released immediately if an event or recalculation causes the established warrant expiry date to be in the past.
   • Provincial correctional authorities are responsible for this release.
9. Long-term Supervision Order
   • The offender must not be subject to long-term supervision past the established expiration date.
10. Cancellation of Suspension by the PBC or CSC
    • The offender must be released immediately when the release date is in the past and there are no other impediments to the release.
11. Revocation by the PBC
    • The offender must be released immediately when the release eligibility date is in the past and there are no other impediments to the release.

Related Links

• Policy Bulletin 729