Interim Policy bulletin 679

The previous policy direction was enhanced to ensure staff at non-SIU sites are aware of the types of IEDM reviews and associated timeframes:

18. When an inmate subject to restricted movement at a non-SIU site is not provided or does not avail themselves of the minimum required entitlements, National Headquarters will refer the inmate’s case to the Independent External Decision Maker (IEDM) for review, pursuant to the timeframes in Annex C.

The previous policy direction was enhanced to clarify the SIURC notification requirements:

48. The SIURC Chair will ensure that the inmate is provided a written notice at least three working days prior to the scheduled SIURC, which will:

1. include the scheduled date and time of the SIURC
2. include the proposed recommendations and the reasons for the proposed recommendations
3. specify that the inmate has the opportunity to submit written and/or oral representations prior to and during the SIURC
4. specify that the inmate’s legal counsel or assistant may attend and/or submit written and/or oral representations prior to and during the SIURC.

The previous policy direction was enhanced to clarify the Institutional Head’s requirement to meet with an inmate face to face before making a decision with respect to the inmate’s case and specify that when this meeting does not occur face to face, a Threat Risk Assessment is required to support the use of a barrier:

57. Prior to making a decision with respect to any of the above circumstances, the Institutional Head will:

1. meet with the inmate pursuant to subsection 37.3(3) of the CCRA. Where this meeting does not occur face to face or occurs through a cell door hatch due to security requirements, the Institutional Head will ensure:
1. a Threat Risk Assessment is completed in the LTE-SIU Module
2. the use of a barrier is documented, along with the reasons for it, in the daily activities section of the LTE-SIU Module.

57 b. document their decision pursuant to the Content Guidelines in GL 711-1 – Structured Intervention Unit (SIU) Transfer Procedures – SIU Sites, Annex F or, GL 711-2 – Structured Intervention Unit (SIU) Transfer Procedures – Non-SIU Sites, Annex B.

Paragraph 57. b. was rescinded to eliminate the requirement for the Institutional Head to document their decision prior to making it. The requirement to document the Institutional Head’s decision is now in paragraph 58. a.

58. Following their decision, the Institutional Head will ensure the inmate is:

1. within one working day of their decision, verbally advised of their decision
2. within two working days, provided the written decision.

The previous policy direction was enhanced to clarify the requirements related to the documentation and sharing of an Institutional Head’s decision:

58. Following their decision, the Institutional Head will ensure:

1. the decision is documented in the LTE-SIU Module pursuant to Annex F of GL 711‑1 – Structured Intervention Unit (SIU) Transfer Procedures – SIU Sites or Annex B of GL 711‑2 – Structured Intervention Unit (SIU) Transfer Procedures – Non-SIU Sites
2. the inmate is verbally advised of the decision, including the reasons for it, within one working day of the decision, and
3. the verbal notice of the decision is documented in an SIU Casework Record within one working day of providing the inmate with verbal notice, and
4. the inmate is given the Institutional Head’s written decision, including the reasons for it, within two working days of the decision.

62 b. when an SIU authorization to transfer an inmate occurs four times within a 180-day period. When there is a subsequent SIU authorization to transfer within the same 180-day period, a subsequent SDC review is not required, unless deemed necessary. Four SIU authorizations to transfer within a new 180-day period will require a new SDC review.

Following review of this policy requirement, it was determined that this review by the SDC is not required. The IEDM reviews all cases of inmates who are authorized to transfer to an SIU four times within a 180-day period, pursuant to paragraph 23.07(1)(a) of the CCRR. As such, paragraph 62(b) is rescinded.

64. The inmate must be provided with the SDC’s written decision within two working days from the date of the decision.

The previous policy direction was enhanced to provide clarity with regard to sharing the SDC’s decision with the inmate, including adding the accountability of the Institutional Head:

64. Following a decision by the SDC, the Institutional Head will ensure:

1. the inmate is verbally advised of the SDC’s decision, including the reasons for it, within one working day of the decision, and
2. the verbal notice of the decision is documented in an SIU Casework Record within one working day of providing the inmate with verbal notice, and
3. the inmate is given the SDC’s written decision, including the reasons for it, within two working days of the decision.

Along with rescinding paragraph 62. b., paragraph 67. a. ii. was also rescinded for the same reason; the IEDM reviews all cases of inmates who are authorized to transfer to an SIU four times within a 180-day period, pursuant to paragraph 23.07(1)(a) of the CCRR.

71 a. participate as a member of the Health Committee

The previous policy direction was enhanced to provide clarity as to when a Regional Deputy Commissioner participates in the Health Committee:

71. The Regional Deputy Commissioner will:

1. participate as a member of the Health Committee established by the Commissioner pursuant to subsection 37.31(3) of the CCRA, in all cases where an inmate within their region is referred to the Committee pursuant to subsection 37.32(1) of the CCRA.

The previous policy direction did not include the Institutional Head’s responsibility at an SIU site to ensure inmates in the SIU have the same rights as other inmates. The following has been added:

77 n. ensure an inmate in an SIU has the same rights as other inmates, pursuant to section 35 of the CCRA, except for those that cannot be exercised due to limitations specific to the SIU or security requirements.

The previous policy direction did not include the Institutional Head’s responsibility at a non-SIU site to ensure inmates subject to restricted movement have the same rights as other inmates. The following has been added:

91 j. ensure an inmate subject to restricted movement has the same rights as other inmates, pursuant to section 35 of the CCRA, except for those that cannot be exercised due to limitations specific to the inmate being subject to restricted movement or security requirements.

The previous policy direction was enhanced to add that the reasons for the Institutional Head’s decision must also be included:

106. Following their decision, the Institutional Head will meet with the inmate and:

1. verbally advise the inmate of their decision, including the reasons for it, within one working day of the decision, and
2. ensure verbal notice of the decision is documented in an SIU Casework Record within one working day of providing the inmate with verbal notice, and
3. ensure the written decision, including the reasons for it, is given to the inmate within two working days of the decision.

The following paragraph has been added to the Institutional Head Review of Refistered Health Care Professional Recommendation section to ensure an accountability to review health care referrals outside of regular business hours:

Outside of regular business hours, the Correctional Manager in charge of the institution will perform the duties of the Institutional Head following a recommendation from a registered health care professional that:

1. an inmate should no longer remain in an SIU or be subjected to restricted movement
2. the conditions of confinement should be altered.

116 b. refer, in accordance with relevant policy and institutional Standing Orders, the case of an inmate to a registered health care professional when the staff member believes that confinement in an SIU is having detrimental impacts on the inmate’s health where the opinion is based on, but not limited to, the following circumstances when an inmate is:

1. refusing to interact with others
2. engaging in self-injurious behaviour
3. demonstrating symptoms of a drug overdose
4. demonstrating signs of emotional distress or exhibiting behaviour that suggests they are in urgent need of mental health care

The previous policy direction was enhanced to add the Institutional Head’s responsibility to ensure staff and contractors working with inmates in SIUs or subject to restricted movement refer inmates to health care pursuant to legislative requirements:

116. The Institutional Head will ensure that all staff and contractors working with inmates in SIUs or subject to restricted movement will:

2. refer the inmate as soon as practicable, in accordance with relevant policy and institutional Standing Orders, to Health Services when the staff member, or person engaged by the Service, believes that confinement in an SIU is having detrimental impacts on the inmate’s health and the opinion is based on, but not limited to, circumstances when an inmate is:
1. refusing to interact with others
2. engaging in self-injurious behavior
3. demonstrating symptoms of a drug overdose
4. demonstrating signs of emotional distress or exhibiting behaviour that suggests they are in urgent need of mental health care

The following paragraph has been added to the Time Out of Cell section to ensure it is clear that time out of cell must also include the opportunity, for each inmate in an SIU or subject to restricted movement, to spend a minimum of one hour daily outdoors, weather permitting:

The Assistant Warden, Operations, will ensure that as part of the minimum of four hours out of their cells:

1. inmates are provided opportunities to exercise outdoors for at least one hour daily, weather permitting, or
2. inmates are provided opportunities to exercise indoors for at least one hour daily when the weather does not permit to go outdoors.

127. Exceptions to providing daily inmate out of cell entitlements include:

1. if the inmate refuses to avail themselves of the opportunities to spend time outside of their cell
2. if the inmate, at the time the opportunity is offered, does not comply with reasonable instructions to ensure their safety or that of any other person or the security of the penitentiary
3. in exceptional circumstances, as identified in subsection 19(1) of the CCRR, and only where required for security purposes. In these circumstances, the Institutional Head will ensure, on the date the entitlements are not provided, a written notification in a “Memo to File” in OMS is completed indicating the reasons why, and share it with the applicable inmates.

The previous policy direction was enhanced to add the Institutional Head’s responsibilities and under what circumstances exceptions can be applied; the previous policy did not include the exceptions identified in paragraph 37(1)(c) of the CCRA:

127. Pursuant to subsection 37(1) of the CCRA, the Institutional Head will ensure that exceptions to providing inmates confined in an SIU or subject to restricted movement with the minimum required time to be outside of their cell and interact with others are limited to the following circumstances:

1. if the inmate refuses to avail themselves of the opportunities to spend time outside of their cell
2. when the inmate, at the time the opportunity is offered, does not comply with reasonable instructions to ensure their safety or that of any other person or the security of the penitentiary, or
3. pursuant to the prescribed circumstances identified in paragraphs 37(1)(b) and (c) of the CCRA or subsection 19(1) of the CCRR, such as:
1. natural disasters
2. fires
3. riots
4. work refusals under section 128 of the Canada Labour Code
5. epidemics
6. power failures, or
7. any event that significantly affects the physical infrastructure of the penitentiary.

128. Instances where an inmate is not provided with their entitlements due to the circumstances identified in paragraphs a and b above must be documented in the LTE-SIU Module on the day of the occurrence, including alternative options provided to the inmate where they refused to avail themselves of the opportunities provided.

Paragraph 128 has been amended to clarify the Institutional Head’s responsibilities as well as the requirements to notify Regional and National Headquarters prior to authorizing an exception:

128. The Institutional Head will, prior to authorizing an exception to the legislated obligation to provide inmates with opportunities to be outside of their cell or to interact with others for one of the prescribed circumstances identified in paragraphs 37(1)(b) and (c) of the CCRA or subsection 19(1) of the CCRR:

1. ensure the exception is limited to what is reasonably required for security purposes
2. consult with the Assistant Deputy Commissioner, Correctional Operations, of their region to discuss the issues and reasons related to the exception, including outside of regular business hours.

The following paragraph has been added to the Exceptions section to include additional obligations of the Institutional Head after an exception is authorized:

Following authorization of an exception, the Institutional Head will ensure:

1. the exception and the reasons for it are documented in both official languages in the SIU-LTE Module
2. the written reasons for the exception are given to the inmate, in the official language of their choice, as soon as practicable, but no later than the same day the exception is invoked
3. all reasonable efforts are made to meet the legislated obligation to provide inmates in SIUs or subject to restricted movement with opportunities to be outside of their cell
4. the need for an exception is continually evaluated and, should the circumstances change and the exception is no longer required, the exception is immediately discontinued
5. the exception is reviewed and documented in writing in both official languages in the SIU-LTE Module at a minimum once every seven calendar days
6. SIU routines return to normal operations as soon as it is safe to do so in consideration of CD 254 – Occupational Safety and Health and Return to Work Programs and GL 254 1 – Occupational Health and Safety Program.

The previous policy direction was enhanced to add the Institutional Head’s responsibility to ensure inmates are notified of IEDM’s recommendations/ decisions and to include a process to document that the sharing of information occurred:

163. When notified of an IEDM’s decision or recommendations, the Institutional Head will ensure:

1. the inmate is given the IEDM’s written decision or recommendations within one working day of receipt of the decision or recommendations, and
2. an SIU Casework Record is completed within one working day of providing the inmate with verbal notice to document:
1. the date and time the decision or recommendations were given to the inmate
2. the staff member who gave it to the inmate
3. whether the inmate accepted the decision or recommendations.

Paragraph 12 was amended to add the responsibility of the Assistant Warden, Interventions (AWI), to ensure that if circumstances do not permit for consultations prior to an SIU transfer authorization, that they occur as soon as practicable following an SIU transfer authorization:

12. The AWI will ensure that when circumstances do not permit for consultations prior to an inmate’s transfer authorization to an SIU:

1. consultations occur as soon as practicable, but no later than the first working day after the SIU transfer authorization
2. consultation comments are documented in the LTE-SIU Module within the decision to confirm or cancel the SIU transfer authorization.

37. Following their decision, the Institutional Head will ensure that the inmate is:

1. verbally advised of the decision, no later than within one working day of the decision
2. provided with the written decision, no later than within two working days.

The previous policy direction was enhanced to add that the reasons for the Institutional Head’s decision must also be included:

37. Following their decision, the Institutional Head will ensure:

1. the inmate is verbally advised of the decision, including the reasons for it, within one working day of the decision, and
2. verbal notice of the decision is documented in an SIU Casework Record within one working day of providing the inmate with verbal notice, and
3. the inmate is given the written decision, including the reasons for it, within two working days of the decision.

The previous policy direction was enhanced to add that the proposed recommendations of the SIURC must also be included in the notification to the inmate and that the inmate’s legal counsel or assistant may attend:

42. The SIURC Chairperson will ensure that the inmate is provided with written notice of the SIURC at least three working days prior to the scheduled SIURC, which will include:

1. the date and time of the SIURC
2. the proposed recommendations of the SIURC and the reasons for the proposed recommendations
3. that the inmate has the opportunity to submit written and/or oral representations prior to and during the SIURC
4. that the inmate’s legal counsel or assistant may attend in person or by other means and/or submit written and/or oral representations prior to and during the SIURC.

The previous policy direction has been amended to allow the inmate to submit a request to have their legal counsel or assistant attend the SIURC at any time before the SIURC:

54. The inmate may submit a written request to the SIURC Chairperson to have their legal counsel or an assistant attend in person or by other means, at anytime before the scheduled date and time of the SIURC.

The previous policy direction has been amended to include the responsibility of the SIURC Chairperson to approve an inmate’s request to delay the SIURC, when reasonable to do so:

56. When reasonable to do so, the SIURC Chairperson will approve an inmate’s request to delay the SIURC to allow for their legal counsel or assistant to attend, unless the delay would result in a decision beyond the timeframes pursuant to paragraph 37.3(1)(b) or section 37.4 of the CCRA.

Paragraph 14 was amended to add the responsibility of the AWI to ensure that if circumstances do not permit for consultations prior to an SIU transfer authorization, that they occur as soon as practicable following an SIU transfer authorization:

14. The AWI will ensure that when circumstances do not permit for consultations prior to an inmate’s transfer authorization to an SIU:

1. consultations occur as soon as practicable, but no later than the first working day after the SIU transfer authorization
2. consultation comments are documented in the LTE-SIU Module within the decision to confirm or cancel the SIU transfer authorization.

The previous policy direction has been re-worded to clarify the Correctional Manager’s responsibility to ensure the cell assignment is recorded when an inmate is moved to a new cell following an SIU transfer authorization:

28. The Correctional Manager identified in the institutional Standing Orders will ensure that, when an inmate is moved to a new cell following an SIU transfer authorization, their new cell assignment is recorded in OMS as soon as practicable.

42. Following their decision, the Institutional Head will ensure that the inmate is:

1. verbally advised of the decision, no later than within one working day of the decision
2. provided with the written decision, no later than within two working days.

The previous policy direction was enhanced to add that the reasons for the Institutional Head’s decision must also be included:

Following their decision, the Institutional Head will ensure:

1. the inmate is verbally advised of the decision, including the reasons for it, within one working day of the decision, and
2. verbal notice of the decision is documented in an SIU Casework Record within one working day of providing the inmate with verbal notice, and
3. the inmate is given the written decision, including the reasons for it, within two working days of the decision.