Interim Policy bulletin 698

65. Decisions by the designated decision maker must include consideration of:
1. the inmate’s Correctional Plan
2. the appropriateness of the inmate’s confinement in the penitentiary
3. the appropriateness of the inmate’s security classification
4. other relevant considerations, such as:
1. for Indigenous inmates, how their Indigenous social history was considered in support of alternatives to remaining in an SIU, pursuant to section 79.1 of the CCRA
2. the inmate’s state of health and/or health care needs, as identified by a registered health care professional, and documented pursuant to section 87 of the CCRA
3. the inmate’s engagement in opportunities for interactions with others
4. the inmate’s representations, including the representations from the inmate’s legal counsel and/or assistant
5. for women offenders, any special needs that support alternatives to remaining in an SIU
6. information from the Victim Services Unit when the inmate has a Victim Notification flag in OMS
7. gender identity or expression factors that were considered in support of alternatives to remaining in an SIU.

65. A designated CSC decision maker must ensure their written decision is justified, provides a clear and detailed rationale and includes thoroughly documented considerations of:
1. the factors identified in section 28 of the CCRA
2. the inmate’s Correctional Plan
3. the appropriateness of the inmate’s confinement in the penitentiary
4. the appropriateness of the inmate’s security classification
5. other relevant considerations, as applicable:
1. for Indigenous inmates, how their Indigenous social history was considered in support of alternatives to remaining in an SIU, in accordance with section 79.1 of the CCRA
2. the inmate’s state of health and/or health care needs, in accordance with section 87 of the CCRA, and whether any health care needs preclude remaining in an SIU as identified by a registered health care professional
3. the inmate’s engagement in opportunities to spend time out of their cell and interact with others
4. the inmate’s representations, including representations provided by the inmate’s legal counsel and/or assistant
5. strategies to implement a decision to transfer an inmate out of an SIU in cases where the inmate is not in agreement with the plan
6. available alternatives specific to the needs of women offenders
7. information from the Victim Services Unit when the inmate has a Victim Notification flag in OMS, and
8. gender identity or expression factors that were considered in support of alternatives to remaining in an SIU and, where none are identified, the reasons why.

69. The Assistant Commissioner, Health Services, will chair the Health Committee.

69. The Assistant Commissioner, Health Services, will:
1. chair the Health Committee established by the Commissioner to review cases referred to the Committee in accordance with subsection 37.32(1) of the CCRA, and
2. develop and implement a quality assurance program to ensure the delivery of safe, quality health care in SIUs and conduct annual reviews of the program.

Inmate Transfer Out of an SIU

The Institutional Head will ensure that an inmate is transferred out of the SIU as soon as practicable following:

1. a decision by a designated CSC decision maker:
1. to cancel an inmate’s SIU transfer authorization
2. not to approve an inmate’s transfer to an SIU
3. that an inmate should not remain in an SIU
2. an IEDM’s determination that an inmate should not remain in an SIU.

When an inmate refuses to transfer out of the SIU or there is a delay in implementing a decision by a designated CSC decision maker or an IEDM that an inmate should not remain in an SIU, the SIU Parole Officer will:

1. meet with the inmate within two working days of the decision and discuss the inmate’s refusal or delay in implementing the decision
2. advise the SIU Manager of the outcome of the meeting with the inmate
3. complete an SIU-CPU pursuant to GL 711‑1 - Structured Intervention Unit (SIU) Transfer Procedures- SIU Sites within five working days after the decision date and within every 30 calendar days thereafter until the inmate is physically transferred out of the SIU.

The SIU Manager will inform the Deputy Warden no later than one working day after the SIU Parole Officer has met with the inmate.

SIU Case Conference (SIUCC)

Following notification that an inmate is refusing to transfer out of the SIU or when there is a delay in implementing the decision, the Deputy Warden will:

1. facilitate an SIUCC with the inmate’s Case Management Team, the inmate, and, as applicable, Health Services staff and other staff and contractors within:
1. 20 calendar days after the decision date
2. 30 calendar days thereafter until the inmate is transferred out of the SIU
2. ensure the SIUCC, as applicable:
1. confirms the plan to transfer the inmate out of the SIU as soon as practicable and documents what interventions/strategies have been attempted to implement the decision
2. identifies strategies to motivate the inmate to transfer out of the SIU
3. identifies actions and plans necessary to implement the decision if the original plan cannot be implemented.

SIUCC Documentation

Following each SIUCC, the Deputy Warden will ensure:

1. the SIUCC is documented in the SIU application pursuant to the SIUCC content guidelines in Annex B of this IPB within five calendar days of the SIUCC
2. the Institutional Head is provided with the SIUCC document within one working day.

Institutional Head

The Institutional Head will meet with the inmate within five calendar days of receipt of the SIUCC documentation to discuss:

1. the inmate’s reasons for refusing to transfer out of the SIU and alternatives
2. the delay in implementing the decision and plan.

Following the meeting with the inmate, the Institutional Head will ensure:

1. the results of the meeting are documented in the SIU application
2. efforts continue to transfer the inmate out of the SIU as soon as possible.

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
2. ensure SIU compliance reports are completed a minimum of once annually, which will include:
1. on-site visits to SIU and non-SIU sites
2. an overall compliance assessment with SIU policy and regional action plans for non-compliance.

71. The Regional Deputy Commissioner will:
1. participate as a member of the Health Committee established by the Commissioner in all cases where an inmate within their region is referred to the Committee in accordance with subsection 37.32(1) of the CCRA
2. ensure SIU compliance reports are completed:
1. annually at each SIU site, which will include an on-site visit
2. once every two years at non-SIU sites.

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 authorized
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 authorization 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.

1. the exception and the reasons for it are documented in the SIU application
2. the written reasons for the exception are given to the inmates as soon as practicable, but no later than the end of the day the exception is authorized
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 and to interact with others
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 authorization is reviewed and documented in writing in the SIU application at a minimum once every seven calendar days, and
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.