Interim Policy bulletin 653

CD 706 – Classification of Institutions

CD 710-2 – Transfer of Inmates

GL 710-2-1 – CCRA Section 81: Transfers

GL 710-2-3 – Inmate Transfer Processes

GL 710-2-4 – Movement Within Clustered/Multi Level Institutions

CD 784 – Victim Engagement

Why were the policies changed?

On June 21, 2019, Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act, received Royal Assent. The amendments to the Corrections and Conditional Release Act (the Act) are now in effect, and the corresponding changes to policy are addressed in this bulletin. The Act provides the Commissioner with the authority to assign a security classification (minimum, medium, maximum or multi-level) to a penitentiary, or to any area in a penitentiary. This Act also provides the Commissioner with the authority to designate a penitentiary or any area in a penitentiary to be a Structured Intervention Unit or a Health Care Unit.

This enables the Commissioner to transfer inmates within a penitentiary from one designated area to another.

This Bulletin also addresses changes that are being made to the decision authorities for transfers to women's institutions. These changes clarify the roles of the Deputy Commissioner for Women (DCW) and the Institutional Head.

The changes to the applicable policies are highlighted in this Bulletin and are in effect immediately, and will be reflected in the relevant CDs and GLs at a later date.

The Commissioner has the authority to assign a security classification (minimum, medium, maximum or multi-level) to a penitentiary, or to any area in a penitentiary.

The Commissioner has the authority to designate a penitentiary or any area in a penitentiary to be a Structured Intervention Unit or a Health Care Unit.

The Structured Intervention Units, with the exception of the SIU at the Special Handling Unit (SHU), the Enhanced Support House at the women's sites, and the Health Care Units will be assigned a multi-level security classification. The SIU at the SHU will be assigned a maximum-security classification.

Movement of an inmate to and from a Structured Intervention Unit or a designated Health Care Unit is considered a transfer.

The following institutions will have an area designated as an SIU:

• Atlantic Institution - Atlantic
• Regional Reception Centre - Quebec
• Special Handling Unit - Quebec
• Donnacona Institution - Quebec
• Port-Cartier Institution - Quebec
• Millhaven Institution - Ontario
• Bowden Institution - Prairies
• Edmonton Institution - Prairies
• Saskatchewan Penitentiary - Prairies
• Stony Mountain Institution - Prairies
• Kent Institution - Pacific

• Nova Institution for Women - Atlantic
• Joliette Institution - Quebec
• Grand Valley Institution for Women - Ontario
• Edmonton Institution for Women - Prairies
• Fraser Valley Institution - Pacific

CD 706 - Location of Health Care Units

The following institutions will have an area designated as a Health Care Unit:

• Regional Treatment Centre - Atlantic
• Regional Treatment Centre - Quebec
• Regional Treatment Centre - Ontario
• Regional Psychiatric Centre - Prairie
• Regional Treatment Centre - Pacific

The policy direction to transfer an inmate to an SIU will be in accordance with CD 711 - Structured Intervention Units; GL 711-1 - Structured Intervention Unit (SIU) Transfer Procedures - SIU Sites; and GL 711-2 - Structured Intervention Unit (SIU) Transfer Procedures - Non-SIU Sites.

The transfer process from an SIU will be in accordance with CD 710-2, GL 710-2-1, GL 710-2-3 and GL 710-2-4.

Except for the additional policy direction below, there are no other changes to the current process, procedural fairness, timeframes, inmate notifications, and decision authorities for the transfer of inmates to and from a Health Care Unit.

The admission to a Health Care Unit is a two-step process. A clinical admission is required by Health Services, followed by a transfer decision by the Institutional Head.

A person designated in CD 800 - Health Services must render a decision on the clinical admission of an inmate to a Health Care Unit before the Institutional Head can make a decision on the transfer of the inmate to the Health Care Unit. The decision by Health Services must be documented in the Offender Management System (OMS) as a "Memo to File" titled "Clinical Admission Confirmation".

A health care professional must provide written notice to the inmate as to whether their clinical admission to a Health Care Unit has been approved, or not approved, including reasons for the decision.

In cases where the clinical admission is approved, the Institutional Head will render a decision on the transfer to the Health Care Unit, and will provide written notice to the inmate, including reasons for the transfer decision.

In cases where the clinical admission or transfer is not approved, all staff members involved in the inmate's case will collaborate on a plan to ensure continuity of care for the inmate.

The discharge from a Health Care Unit is a two-step process. The inmate must be clinically discharged by Health Services before a transfer decision can be rendered.

A person designated in CD 800 - Health Services must render a decision on the clinical discharge of an inmate from a Health Care Unit before the Institutional Head can make a decision on the transfer of the inmate from the Health Care Unit. The decision by Health Services must be documented in the Offender Management System (OMS) as a "Memo to File" titled "Clinical Discharge Confirmation".

A health care professional must provide written notice to the inmate with respect to their clinical discharge from a Health Care Unit, including reasons for the decision.

In cases of discharge, all staff members involved in the inmate's case will collaborate on a plan to ensure continuity of care for the inmate.

The DCW remains the decision-maker for transfers to women's institutions with the exception of the following situations:

• The Institutional Head of the sending women's institution is the decision-maker for:
  1. transfers to facilitate attendance at court proceedings, and the subsequent transfers back to the primary institution;
  2. transfers to and from a Health Care Unit once a decision has been rendered by Health Services on the clinical admission of an inmate to a Health Care Unit; and
  3. emergency transfers.
• In the event of a withdrawal of support from a section 81 facility, the Institutional Head of the receiving institution is responsible for the documentation of the return to custody.

The Act establishes the Commissioner's authority to transfer inmates within the same institution across different areas assigned security classifications, which now includes SIUs and Health Care Units.

When an inmate moves from one area to another area with a different security classification within a clustered or multi-level institution (other than for participation in programming or intervention), this is considered to be a transfer. However, a transfer warrant will not be required.

When an inmate, who has a Victim Notification flag, is transferred from one area to another area with a different security classification within a clustered or multi-level institution, the Victims Services Unit must be informed.

In Annex C of CD 784, the Case Management Events "Penitentiary Placement" and "Transfer" will now reflect the above-noted change.

The revised policies were developed by the Correctional Operations and Program Sector in consultation with the Health Services Sector, Women Offender Sector and the Strategic Policy Division.

All staff responsible for the transfer of inmates are affected by the policy changes.

Commissioner,

Original signed by:

Anne Kelly