Commissioner's Directive 710-8: Private Family Visits

Contents

• Responsibilities
• Eligibility
  • Private Family Visits eligibility: Inmates
  • Private Family Visits eligibility: Visitors
• Procedures
  • Approval process
  • Transfers and movements as a result of a change in security classification
  • Duration and frequency
  • Safety measures
  • Refusal or suspension of a Private Family Visit
• Enquiries
• Annex A: Cross-references and definitions
• Annex B: Age of majority
• Related links

Responsibilities

1. The Institutional Head will:
   1. implement a Standing Order for the use of private family visit units to ensure the safety of the participants and the security of the institution
   2. ensure processes are developed and implemented for the review and decision making on applications for the use of private family visit units
   3. authorize the use of private family visit units for individual time for inmates, on a case-by-case basis, when the units are not being utilized for family visits
   4. delegate the authority for approval of private family visits to a staff member equivalent to or higher than a Correctional Manager who chairs the Visits Review Board, if applicable, and
   5. ensure any suspicions that a criminal act may have occurred during a private family visit are reported to local police
       
2. The Assistant Warden, Operations/Manager, Operations, will ensure:
   1. family violence prevention information is available to all visitors and inmates
   2. inmate and visitor(s) are advised of rules, regulations, behavioural expectations and responsibilities, as stipulated in the Standing Order
   3. follow-up is conducted without delay with the inmate and/or visitor(s) after the use of a private family visit unit, and
   4. information related to the Correctional Service of Canada’s (CSC’s) National Victim Services Program and Restorative Opportunities Program is made available to visitors
       
3. The Correctional Manager will review all applications for private family visits and will provide their recommendation for authorization. When the Correctional Manager is delegated the authority for the approval of visits, they will render the decision, as applicable
   
4. The Correctional Officer II/Primary Worker will:
   1. process inmate requests for private family visits within the prescribed timeframes
   2. while conducting the Threat Risk Assessment for Private Family Visits (with Visitors) (CSC/SCC 1529e) or Threat Risk Assessment for Private Family Visits (Individual Time) (CSC/SCC 1527e):
      1. consult with the Correctional Manager
      2. consider family violence history and information provided by the visitor(s) in the Statement of Voluntary Participation and Consent for Private Family Visits form (CSC/SCC 0531e), and
      3. determine if a Community Assessment is required pursuant to Commissioner’s Directive (CD) 715-3: Community Assessments
   3. following receipt of the Statement of Voluntary Participation and Consent for Private Family Visits form (CSC/SCC 0531e), interview the visitor(s) if concerns are identified. If circumstances do not permit, the interview can be completed by the Visits and Correspondence Officer, and
   4. following the private family visit, conduct a follow-up interview with the inmate and, if required, with the visitor(s)
       
5. The Visits and Correspondence Officer will interview the visitor(s):
   1. upon request by the Correctional Officer II/Primary Worker, and
   2. prior to the visitor(s) leaving the institution after completion of the private family visit
       
6. All staff and contractors will immediately report any suspicion of abuse or criminal activity during the use of the private family visit units to the Correctional Manager, Operational Desk

Eligibility

Private Family Visits eligibility: Inmates

7. Inmates are eligible to participate in private family visits unless they are:
   1. at risk for family violence
   2. participating in unescorted temporary absences for family contact purposes
   3. in the Special Handling Unit, or
   4. recommended or approved for transfer to the Special Handling Unit, in accordance with CD 708: Special Handling Unit
       
8. An inmate is not eligible to participate in private family visits with other inmates

Private Family Visits eligibility: Visitors

9. The following approved visitors are eligible to participate in private family visits:
   1. immediate family, and
   2. individuals with whom the inmate has a close personal relationship
       
10. Proof of a common-law relationship is the responsibility of the inmate and/or the visitor
    
11. A minor child must be escorted by an accompanying adult and both must be approved as visitors in accordance with CD 559: Visits

Procedures

12. An assessment related to a child visiting their mother in a private family visit unit in accordance with the part-time Mother-Child Program is not subject to the private family visit application process. Those applications will be managed in accordance with the part-time residential component process of the Mother-Child Program outlined in CD 768: Institutional Mother-Child Program

Approval process

13. Upon receipt of an inmate’s Application for the Use of the Private Family Visit Unit (CSC/SCC 0529), the Correctional Officer II/Primary Worker will:
    1. ensure the following forms are completed by a visitor applicant(s):
       1. Statement of Voluntary Participation and Consent for Private Family Visits (CSC/SCC 0531e)
       2. Declaration of a Common-Law Union (CSC/SCC 0530e), if applicable
       3. Visiting Application (CSC/SCC 0653e), if applicable, and
       4. Visiting Application : Child Safety Waiver (CSC/SCC 0653-01e), if applicable
    2. if there are any concerns noted following the receipt of the Statement of Voluntary Participation and Consent for Private Family Visits form (CSC/SCC 0531e), conduct an interview with the visitor(s) and document it in a Casework Record entitled “Pre-PFV Interview” within five working days. If circumstances do not permit, the interview can be completed by the Visits and Correspondence Officer
    3. following consultation with the Correctional Manager and the Parole Officer, request a Community Assessment pursuant to CD 715-3: Community Assessments, if required, and
    4. complete the Threat Risk Assessment for Private Family Visits (with Visitors) (CSC/SCC 1529e) or Threat Risk Assessment for Private Family Visits (Individual Time) (CSC/SCC 1527e) within 30 days, or where a Community Assessment is required, within 60 days following the submission of the inmate’s completed Application for the Use of the Private Family Visit Unit (CSC/SCC 0529)
        
14. Within 10 working days of receiving the completed Threat Risk Assessment for Private Family Visits (with Visitors) (CSC/SCC 1529e) or Threat Risk Assessment for Private Family Visits (Individual Time) (CSC/SCC 1527e), the Correctional Manager will:
    1. review applications for private family visits, and
    2. provide a recommendation to the decision maker which will include a detailed rationale. For an Indigenous inmate, this rationale will take into account the inmate’s Indigenous social history pursuant to subsections 79.1(1) and 79.1(2) of the CCRA
        
15. Within 10 working days of receiving the recommendation from the Correctional Manager, the decision maker will render their decision. For an Indigenous inmate, their Indigenous social history will be taken into consideration pursuant to subsections 79.1(1) and 79.1(2) of the CCRA
    
16. All recommendations and decisions will be recorded on the CSC Board Review/Referral Decision Sheet (CSC/SCC 1090) and shared with the inmate within 10 working days of the decision, in accordance with CD 701: Information Sharing

Transfers and movements as a result of a change in security classification

17. Within 45 days of the inmate’s arrival at the institution, the Correctional Officer II/Primary Worker will review previously approved private family visit decisions and submit a recommendation to the Institutional Head or designate using the CSC Board Review/Referral Decision Sheet (CSC/SCC 1090)
    
18. Unless significant changes have occurred regarding an inmate, a new Threat Risk Assessment for Private Family Visits (with Visitors) (CSC/SCC 1529e) or Threat Risk Assessment for Private Family Visits (Individual Time) (CSC/SCC 1527e) is not required
    
19. The Institutional Head or designate will confirm in the CSC Board Review/Referral Decision Sheet (CSC/SCC 1090) whether the private family visits will continue to be authorized or will be modified or suspended

Duration and frequency

20. The duration and frequency for the use of the private family visit units will normally be up to 72 hours, every two months unless otherwise specified in the Standing Order

Safety measures

21. During the use of a private family visit unit, the Visits and Correspondence Officer will make regular contact with the inmate and the visitor(s) in the least intrusive manner possible to ensure the security of the institution and the safety of the visitor(s) and the inmate
    
22. The results of the post private family visit interview conducted with the inmate and the visitor(s) by the Correctional Officer II/Primary Worker and the Visits and Correspondence Officer will be documented in a Casework Record entitled “Post-PFV Interview”, within five working days
    
23. Any concerns will immediately be reported to the Operational Desk of the institution, documented in a Statement Observation Report and shared with the Correctional Officer II/Primary Worker and the Parole Officer

Refusal or suspension of a Private Family Visit

24. The Institutional Head or designate will refuse or suspend a private family visit if there are reasonable grounds to suspect:
    1. that during the course of the private family visit, the inmate and/or visitor(s) would:
       1. jeopardize the security of the institution or the safety of any person, or
       2. plan or commit a criminal offence
    2. that restrictions on the manner in which the visit takes place would not be adequate to control the risk, or
    3. other reasons as determined by the Institutional Head or designate
        
25. Where a refusal or suspension is authorized, the Institutional Head or designate will maintain the refusal or suspension for as long as the risk continues, and ensure:
    1. the inmate and the visitor(s) are informed within 10 working days, in writing, of the reasons for the refusal or suspension pursuant to CD 701: Information Sharing
    2. upon receipt of the written notification, the inmate and the visitor(s) have 10 working days to make representations (verbally or in writing) to the decision maker with respect to the decision, in accordance with GL 566-8-1: Use of Non-Intrusive Search Tools
    3. upon receipt of the information presented by the inmate and/or the visitor(s), a review is conducted by the decision maker within five working days, and
    4. the inmate and visitor(s) are informed of the final decision within 15 working days of the date of the review. The written notice will also inform the inmate of their right to grieve the decision in accordance with CD 081: Offender Complaints and Grievances
26. Upon re-application for a private family visit by an inmate following a refusal or suspension, a re‑assessment of the risk will be completed:
    1. no less than six months after the decision, or
    2. when new information is obtained that could change the decision

Enquiries

27. Strategic Policy Division
    National Headquarters
    Email: Gen-NHQPolicy-Politi@csc-scc.gc.ca

Commissioner,
Anne Kelly

Annex A: Cross-references and definitions

Cross-references

CD 001: Mission, Values and Ethics Framework of the Correctional Service of Canada

GL 005-1: Institutional Management Structure: Roles and Responsibilities

CD 081: Offender Complaints and Grievances

CD 228: Information Management

CD 259: Exposure to Second Hand Smoke

CD 559: Visits

CD 566-1: Control of Entry to and Exit from Institutions

CD 566-4: Counts and Security Patrols

CD 566-7: Searching of Offenders

CD 566-8: Searching of Staff and Visitors

CD 566-9: Searching of Cells/Rooms, Vehicles and Other Areas

CD 568-4: Preservation of Crime Scenes and Evidence

CD 701: Information Sharing

CD 702: Indigenous Offenders

CD 708: Special Handling Unit

CD 715-3: Community Assessments

CD 768: Institutional Mother-Child Program

CD 784: Victim Engagement

CD 785: Restorative Opportunities Program and Victim-Offender Mediation Services

CD 800: Health Services

CD 860: Offender’s Money

CD 880: Food Services

Definitions

Accompanying adult

Within the context of bringing minor children into an institution to visit an inmate, an accompanying adult can be anyone who has reached the age of majority of the province where the institution they wish to visit is located, has completed a visiting application, has been granted permission to come into the institution, and has obtained a signed authorization from the custodial non-inmate guardian/parent.

Age of majority

The age at which a person is considered to be an adult by the province where the institution someone wishes to visit is located.

Close personal relationship

Families can include relationships not defined by blood or legal bonds, as well as such strong friendships and communities where unrelated persons serve as chosen or community families. These relationships may be particularly important for Indigenous persons, newcomers to Canada, and members of two-Spirit, lesbian, gay, bisexual, transgender, queer, intersex or additional sexually and gender diverse (2SLGBTQI+) communities.

A close personal relationship between two individuals can be characterised by situations in which:

1. both individuals shared a close familial bond (includes extended family members for Indigenous offenders)
2. one of the individuals contributed significantly to the moral or spiritual development of the other
3. both individuals were engaged in a long-term living arrangement or partnership
4. both individuals shared significant life experiences that resulted in an enduring bond of friendship and trust
5. for Indigenous 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

Common-law partner

A person who, at the time of the inmate's incarceration, had been cohabitating with the inmate in a conjugal relationship for at least one year.

Family violence

Assault, abuse or other harm that occurs within a family, or within a domestic or intimate relationship, such as, but not limited to, physical assault, psychological/emotional abuse, deprivation and financial exploitation. Family violence can be committed by parents or by adult children against their elders. It can occur between spouses, but also in other relationships such as sibling or in-law violence. It is any behaviour that leaves the victim feeling helpless and hopeless or takes away their dignity and self-respect. It also includes psychological trauma experienced by children or others who may also witness violence, especially violence perpetrated against other family or household members. Family violence can affect anyone regardless of age, race, religion, sexual orientation, economic standing, or level of education.

Family violence risk assessment

Evaluates the level of risk an inmate presents to their partner.

Immediate family

in respect of an inmate, includes the following members of their family (in all cases, this includes foster and adoptive family):

1. the inmate’s spouse or common-law partner
2. a child of the inmate or of the inmate’s spouse or common-law partner
3. the parents of the inmate or of the inmate’s spouse or common-law partner
4. the spouse or common-law partner of the father or mother of the inmate’s spouse or common-law partner
5. the foster parent of the inmate or of the inmate’s spouse or common-law partner, and
6. a child of the inmate’s parent or a child of the spouse or common-law partner of the inmate’s parent

Individual time

Opportunity provided to the inmate through the use of a private family visit unit to assess life skill development and how participation will assist in meeting the objectives of their Correctional Plan.

Minor child

Any individual under the age of majority.

Private family visits

Visits that occur in separate structures inside the perimeter of the institution where the inmate may meet authorized visitors in private to enhance daily living skills, maintain positive community and familial relationships and responsibilities (e.g., parenting skills), and/or lessen the negative impact of incarceration on family relationships.

Threat risk assessment

An evaluation of factors that could pose a danger to the management of an inmate, the safety of others, or security of an operational unit in particular circumstances.

Annex B: Age of majority

Related links

• Policy Bulletin 727