Commissioner's directive 860: Offender’s money

• Corrections and Conditional Release Act (CCRA), sections 3, 3.1, 4, 15.1, 76 and 78
• Corrections and Conditional Release Regulations(CCRR), sections 104, 104.1, 111 and 120(2)
• Financial Administration Act(FAA), sections 17, 21, 21(2), 34(1)(b) and 151(1)
• Accountable Advances Regulations, paragraph 5(e)

• To encourage offenders to budget their money so they have funds for authorized expenditures and for their release
• To control the flow of money in institutions to ensure the safety of persons and the security of the institution
• To establish Inmate Welfare Funds for the purpose of contributing to the welfare of inmates collectively or for recognized charitable purposes outside the institution

Applies to staff involved in the administration of offender money

• Responsibilities
• Procedures
  • Deductions
  • Current and Savings Accounts
    • Transfer of Funds
    • Withdrawals or Disbursements
    • Temporary Absences
    • Institutional Transfers
    • Release of Inmate
  • Inmate Welfare Fund
    • Disbursements
• Enquiries
• Annex A: Cross-References and Definitions

1. The Institutional Head will:
   1. ensure an Inmate Trust Fund is established and administered for each offender, consisting of a current account and a savings account, and pursuant to subsection 21(2) of the FAA, interest payment on these accounts will be paid
   2. authorize, on a case-by-case basis, additional transfers from the savings account to the current account for offenders who have not reached their annual maximum transfer of $850
   3. authorize, on a case-by-case basis, requests for disbursement directly from the savings account for reasons outlined in the Withdrawals or Disbursements section. Disbursements granted for these reasons are not part of the transfer limits prescribed by policy
   4. write off loans that have been outstanding for more than a year and which are deemed uncollectible by the Inmate Committee
   5. establish procedures for:
      1. the application, approval and repayment of group loans from the Inmate Welfare Fund
      2. the maximum amount of any single group loan
      3. the total amount that may be disbursed in group loans
      4. allowing inmates to withdraw money for a temporary absence or work release which will then be secured upon their return to the institution
      5. ensuring that an Inmate Welfare Fund is established and administered as outlined in accepted accounting and budgetary principles
      6. approving and denying disbursement of funds from the Inmate Welfare Fund, based on the Inmate Committee’s recommendation
      7. approving or denying, in consultation with the Inmate Committee or representatives of the inmate population, contributions for approved activities to the Inmate Welfare Fund, as outlined in the Inmate Welfare Fund section
      8. prohibiting the use of cash in the institution.
2. Each offender is responsible for their personal budgeting to ensure the availability of funds for:
   1. court ordered obligations
   2. personal identification (e.g., birth certificate)
   3. personal expenses and property (e.g., telephone calls, canteen, personal hygiene)
   4. the institutional mother-child program, pursuant to CD 768 - Institutional Mother-Child Program
   5. their release or expenses while on release to the community.

3. Deductions will be made from the offender’s income before depositing their earnings in the Inmate Trust Fund. Deductions will be in the following order of priority:
   1. reimbursement for any indebtedness to the Federal Crown
   2. contributions to the Inmate Welfare Fund.

4. Ninety percent of the balance of the inmate’s income, following the deductions outlined in the Deductions section in this policy, will be deposited in the inmate’s current account.
5. The 10% balance will be deposited in the inmate’s savings account.
6. Notwithstanding the above, where the inmate’s income exceeds the top gross inmate pay level of $69 per pay period, the amount to be deposited in the inmate’s current account will not exceed $69. The balance will be deposited in the savings account.
7. The estimated hobby cost and the 25% mark-up on material identified under points 2 and 3 of the Calculation of the Net Profit for Hobbies (CSC/SCC 1190e) will be excluded from the calculation described in the Deductions section of this policy, and should be deposited in the inmate’s current account.
8. All money brought into the institution by an offender on admission or readmission and any money (non-income as outlined in definition) from outside sources will be deposited into the inmate’s savings account. This includes items such as cheques other than pensions brought in by visitors, or gifts.
9. When money is mailed to an inmate, a verifiable legitimate relationship must exist between the inmate and the sender or the money will be returned to the sender.
10. In order to authenticate and validate funds, non-cash items will be held for a period of up to:
    1. 10 working days for Canadian cheques or money orders
    2. 30 working days for foreign cheques or money orders.
11. Inmates will be responsible for additional processing fees on any money from outside sources.
12. Where there are reasonable grounds to suspect that money arriving from an outside source or brought back by the inmate may involve unauthorized or illegal activities:
    1. the Security Intelligence Officer will investigate and determine if the police should be contacted
    2. the money will be placed on hold until the Security Intelligence Officer and/or police investigation is complete.

13. Transfer from an offender’s savings account to their current account will normally occur no more than four times a fiscal year and will not exceed a total of $850 annually.
14. Funds may be transferred, on a case-by-case basis, between offender accounts if an immediate family or close personal relationship exists between them. The funds can be removed from either account, but will only be deposited into the savings account if approved by the Institutional Head.
15. When an offender is released on conditional release, and is subsequently re-incarcerated within the same fiscal year, following the revocation of their conditional release, the inmate will be afforded an additional four transfers from the savings account to the current account, not to exceed a total of $850.

16. The current account may be used for any purchase that supports the Correctional Plan or for constructive and legitimate inmate activities.
17. The Institutional Head may authorize requests for disbursements directly from the inmate’s savings account above the $850 annual limit for the following payments:
    1. support to the inmate’s family, or other financial responsibilities in the community
    2. an invoice from a lawyer or for legal services
    3. the use of the private family visit units for familial visits, pursuant to CD 710-8 - Private Family Visits
    4. expenses related to the institutional mother-child program, pursuant to CD 768 - Institutional Mother-Child Program
    5. reimbursement for any indebtedness to the Crown, or reimbursement for court ordered obligations including restitution and child support
    6. inmate telephone system and replacement of calling card
    7. correspondence and post-secondary courses and related materials, if supported or recommended by the Manager, Programs/Chief of Education
    8. non-essential health services or products that are approved by the Manager, Health Care and Rehabilitation Programs and Services
    9. costs directly linked to the inmate’s release such as identification cards
    10. Indigenous spiritual services, ceremonial or traditional healing practices, if they are supported or recommended by an Elder
    11. charitable donations
    12. legitimate expenses incurred while on work release or temporary absence.
18. The minimum balance in the savings account will be $200, unless the offender requests in writing to withdraw funds in relation to:
    1. any legal proceedings
    2. a health related issue
    3. the repair or replacement of a lost or damaged item for which compensation has been received from the Crown
    4. the purchase of identification cards.
19. The above requests will be approved, but limited to the available balance in the account.
20. One additional disbursement from the savings account may be made annually for the holiday canteen pursuant to CD 890 - Inmate Owned Canteens and CD 566-12 - Personal Property of Offenders.
21. All requests are subject to verification that the funds are for the stated purpose prior to withdrawals or disbursements.

22. Money will be committed for an approved temporary absence, based on reasonable actual costs.
23. Any money in the inmate’s possession on return from a temporary absence will 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
    3. deposit to the savings account of any balance.

24. When an inmate is transferred to another institution, all money from current and savings accounts and any outstanding deductions, forfeitures and loans will be transferred to the receiving institution. The receiving institution will also be informed of the transfer transactions from the savings account to the current account made by the inmate during the fiscal year.

25. Excluding temporary work releases, all money credited to the inmate will be given to them upon release, pursuant to paragraph 5(e) of the Accountable Advances Regulations, and following payment of any money owed to the Crown. A maximum of $750 can be released to the inmate in cash from the petty cash funds and the remainder should be released in a Receiver General of Canada cheque.
26. In instances in which the total of the inmate’s current and savings accounts is less than $100 at the time of discharge, payment will be made to the inmate in an amount equal to the difference between the total and the sum of $100.
27. When the conditional release of an offender is suspended and subsequently cancelled by CSC or by the Parole Board of Canada within the first 30 days following a return to custody, this is considered as being the same release. The offender will not be provided with another $100.
28. The income of offenders residing in a Community Correctional Centre (CCC) will be determined using their completed Self-Declaration of Income by an Inmate Residing in a CCC form (CSC/SCC 1191).

29. Revenue for the Inmate Welfare Fund is derived from:
    1. deductions from the inmate’s income
    2. canteen profits, including profits from health and hygiene products
    3. interest on the Fund’s cash balance
    4. authorized fundraising activities carried out by the inmates.
30. Rentals of all types by inmates to inmates are prohibited.
31. Contributions to the Inmate Welfare Fund will be established on the basis of the number of inmates in the institution and the costs associated with the approved activities, including deductions for providing television and cable/satellite services.

32. Disbursements from the Inmate Welfare Fund will be authorized 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 prohibited)
    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
    6. pay for legal fees on behalf of groups of inmates.
33. Once a collective need has been identified and the use of the Inmate Welfare Fund approved, the Institutional Head will ensure 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 will be a priority from future deposits.
34. Prior to authorizing disbursements for legal fees on behalf of groups of inmates, the Institutional Head will take reasonable steps to ensure 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
    2. any other obligations or commitments that could normally be expected to be made against the Fund.

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

Commissioner,

Anne Kelly

CD 083 - Commissioner's Directive 083 Inmate Committees
CD 085 - Correspondence And Telephone Communication
CD 228 - Information Management
CD 566-12 - Personal Property of Offenders
CD 701 - Information Sharing
CD 702 - Indigenous Offenders
CD 710-8 - Private Family Visits
CD 720 - Education Programs and Services for Inmates
CD 730 - Offender Program Assignments and Inmate Payments
CD 737 - Offender Program Assignments and Inmate Payments
CD 760 - Social Programs and Leisure Activities
CD 767 - Ethnocultural Offenders: Services and Interventions
CD 768 - Institutional Mother-Child Program
CD 800 - Health Services
CD 870 - Maintenance Allowance for Offenders
CD 890 - Inmate Owned Canteens

Close personal relationship: (includes extended family for Indigenous offenders): exists between two individuals and is normally characterised by situations in which:

1. both individuals shared a close family bond
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.

Immediate family: in respect of an offender, includes the following members of the offender’s family:

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

Income: revenue received from the following sources:

1. a CSC payment (including overtime)
2. pay earned while on work release or conditional release in the community
3. pay received from a third party for work performed in an institution
4. a CSC approved inmate-operated business enterprise (calculation will be done from the net profit)
5. the sale of hobby craft or custom work (calculation will be done from the net profit of the sale)
6. an ongoing income paid by either a private or government source.

Reasonable grounds: reasonable grounds are required to support a suspicion or belief. In order to be reasonable, the grounds must be:

1. objective (i.e. what other staff members with similar training and experience consider reasonable)
2. clear (i.e. based on verifiable facts and factors rather than just a subjective feeling, hunch or intuition)
3. related to and supporting a conclusion of suspicion or belief.

Reimbursement for any indebtedness to the Federal Crown: includes court orders, Canada Revenue Agency “request to pay”, costs awards to the Federal Crown, and other monies owed to the Federal Crown. For fines and restitution resulting from a disciplinary process, the rate of payment is a maximum of 25% of the total income to be deposited in the Inmate Trust Fund (this percentage will take into account the amount to be deposited), unless the Independent Chairperson of the disciplinary hearing specifies otherwise.