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Commissioner's directive 568-1: Recording and Reporting of Security Incidents

Authorities

Purpose

  • To ensure that information related to security incidents is recorded and reported in a consistent, accurate and timely manner

Applications

  • Applies to all staff required to record and report security-related incidents

Commissioner's Directive

Correctional Service Canada badge

Number: 568-1

In Effect: 2016-06-06

Related links

CONTENTS

Responsibilities

  1. The Assistant Commissioner, Correctional Operations and Programs, will:
    1. establish a procedure to inform the Commissioner of reported incidents
    2. establish national procedures for the reporting of incidents
    3. ensure the National Monitoring Centre operates (see Annex F) 24 hours a day, 7 days a week
    4. establish procedures to inform the Assistant Commissioner, Communications and Engagement, of security incidents for the purpose of liaison with the media and the Minister's office, as applicable. This includes notification during business hours and non-core business hours.
  2. The Director General, Security Branch, will ensure that:
    1. a daily situation report (SITREP) of security incidents is produced and disseminated to staff that have a need-to-know
    2. a review of all incident reports is completed on a regular basis.
  3. The Deputy Director, National Monitoring Centre, will ensure that all incident reporting (including after-hours incident reporting and emergency situations) are dealt with according to the National Monitoring Centre response protocols.
  4. The Assistant Commissioner, Health Services, will:
    1. review the information in the incident reports where injuries have occurred to ensure that serious bodily injuries are accurately classified
    2. establish protocols to advise the operational unit when an injury has been reclassified so the Offender Management System can be updated
    3. review the information in the incident reports to identify situations where mental health interventions need to be put in place.
  5. The Regional Deputy Commissioner will ensure that procedures are in place for operational units to report incidents to Regional and National Headquarters as outlined in Annexes C, D, and E.
  6. Assistant Deputy Commissioner, Correctional Operations/Assistant Deputy Commissioner, Integrated Services, will ensure that:
    1. the regional incident reporting distribution list is kept updated
    2. serious incidents are managed through the Regional Crisis Centre as required pursuant to CD 564-6 - Business Continuity Program
    3. operational procedures are established and in place for recording and reporting all security incidents and that any discrepancies are reported to National Headquarters
    4. operational reviews of the established procedures are conducted and that any issues are reported in a timely manner to National Headquarters.
  7. During regular working hours, the Assistant Deputy Commissioner, Correctional Operations/Assistant Deputy Commissioner, Integrated Services, will receive notifications from operational units and disseminate them as indicated in Annexes C, D, and E.
  8. The Institutional Head/District Director will ensure that:
    1. staff are aware of the procedures for reporting incidents to Regional and National Headquarters and that all staff contact information is up to date and readily available
    2. mandatory daily briefings on security related issues are provided to staff. The District Director will establish the frequency and method of the briefings in the community.
  9. The Correctional Manager/Parole Officer Supervisor or Area Director will ensure quality control of reports. If the Correctional Manager/Parole Officer Supervisor were involved in the incident, then the supervisor will perform the quality control.
  10. The Security Intelligence Officer or delegate, if applicable, will complete incident reports in the Offender Management System.
  11. The Chief, Health Services, will classify the severity of any inmate injury as either non-serious bodily injury or serious bodily injury (see section on Reporting of Serious Bodily Injuries).

Procedures

Use of the Statement/Observation Report

  1. All staff members will:
    1. document an incident or behaviour that has been witnessed or observed in a Statement/Observation Report
    2. protect the integrity of the report by insisting that the Statement/Observation Report be prepared and completed individually, then signed
    3. submit the completed report to the supervisor for review and signature. In the event that the supervisor is not available, the staff member will submit the report to the Desk Correctional Manager for his/her review and signature
    4. complete the Statement/Observation Report prior to leaving the facility/office. If circumstances do not allow the staff member to submit a Statement/Observation Report prior to leaving the facility/office, a discussion between the staff member and the Correctional Manager/supervisor must take place prior to leaving. The Correctional Manager/Supervisor will decide if the delay is justified. If there is a delay in submitting the Statement/Observation Report, the reason must be documented within the report.
  2. Volunteers and/or contractors will be instructed by the supervisor to document an incident or behaviour that has been witnessed or observed in a Statement/Observation Report.

Incident Notification

  1. Each operational unit, according to their own time zone, will adhere to the following procedures.

Immediate Notification of Incidents as Indicated in Annex C

During the core business hours of 08:00 to 16:00

  1. The Assistant Deputy Commissioner, Correctional Operations/Assistant Deputy Commissioner, Integrated Services within the Security Operations at Regional Headquarters, will designate a staff member to complete the Duty Officer Report (CSC/SCC 1004).This report will be sent via email to the GEN-NHQ Incident-Reporting Officer account.
  2. Within one working day, the Security Intelligence Officer/Parole Officer Supervisor will complete an incident report in the Offender Management System.

During non-core business hours

  1. The Deputy Director or delegate, National Monitoring Centre, will complete the Duty Officer Report (CSC/SCC 1004). This report will be sent via email to the appropriate distribution list.
  2. Within one working day, staff within the operational unit will complete an incident report in the Offender Management System.

Incidents to Be Reported Within One Working Day (Annex D)

During the core business hours of 08:00 to 16:00

  1. For incidents listed in Annex D, staff within the operational unit must report the incident within one working day to Security Operations at Regional Headquarters. The Regional Headquarters will in turn notify the National Monitoring Centre within one working day via an email to the GEN-NHQ Incident-Reporting Officer account or an incident report will be completed in the Offender Management System.

During non-core business hours

Institutions

  1. Within one working day, the operational unit will complete an incident report in the Offender Management System.

Community

  1. For incidents listed in Annex D, operational units must report the incident within one working day by telephone to the Deputy Director or delegate, National Monitoring Centre.
  2. The Deputy Director or delegate, National Monitoring Centre, will complete the Duty Officer Occurrence Report – Annex D-E (CSC/SCC 1470). This report will be sent via email to the supervising parole office and its district.
  3. Within one working day of the incident, the Security Intelligence Officer/Parole Officer Supervisor of the operational unit will complete an incident report in the Offender Management System.

Incidents to Be Reported Within Three Working Days (Annex E)

  1. Within three working days, all incidents listed in Annex E will be reported to Security Operations at Regional Headquarters and National Headquarters.
  2. Within three working days of the incident, the Security Intelligence Officer/Parole Officer Supervisor of the operational unit will complete an incident report in the Offender Management System.

Other Reportable Incidents

  1. For community incidents not identified in Annexes C, D and E, a casework record or an Incident Report must be completed in the Offender Management System.

Reporting of Serious Bodily Injuries

  1. Pursuant to sections 2 and 19 of the Corrections and Conditional Release Act, the Correctional Service of Canada will investigate all serious bodily injuries.
  2. The Chief, Health Services, who has consulted the Regional Director, Health Services, will confirm to the Institutional Head if an injury is being classified as a serious bodily injury, as described in Guidelines - Classification of Injuries as Serious Bodily Injury, with the supporting rationale.
  3. If an incident involving injury of an offender occurs at a Community-Based Residential Facility, if necessary, the District Director will gather as much information as possible from the health care professional in the community to determine if the injury falls within the definition of a serious bodily injury. Consultation will take place with the Regional Director, Health Services, for the assessment and determination of serious bodily injury.
  4. All injuries classified as serious bodily injury will be reported to the Deputy Director, National Monitoring Centre, in accordance with the reporting protocol as indicated in Annex C.
  5. If the classification of the severity of the injury increases from what was initially reported, the Institutional Head/District Director will ensure the update to the Incident Report, by adding the following comment: "The injury sustained by this inmate/offender meets the definition of a serious bodily injury."
  6. If the classification of the severity of the injury decreases from what was initially reported, the Institutional Head/District Director will ensure the incident report is updated to reflect the change.
  7. In addition to the incident report update, the type of injury will be changed in the original incident report and the Security Operations at National Headquarters will be notified via email.

Commissioner,

Original signed by:
Don Head

Annex A - Cross-References and Definitions

CROSS-REFERENCES

DEFINITIONS

Mental health professional: CSC staff and contractors who offer services for the purposes of improving an offender's mental health and are registered or licensed in Canada, preferably in the province/territory of practice. Individuals will operate within their scope of practice and competence. Examples include Psychologists, Psychiatrists, Physicians, Nurses, and Clinical Social Workers.

Need to know : information that is pertinent and necessary to an individual performing his/her duties.

see Annex B for detailed definitions for the purpose of recording and reporting security incidents.

Annex B - Definitions for the Purpose of Reporting Security Incidents

Incident Definition
Abscondence

Offender leaves the Community Correctional Centre or Community Residential Facility where he/she is residing without signing out.
Accident

An act resulting in a physical injury which cannot be attributed to an altercation or any other type of assaultive behaviour.

Armed robbery

343. Every one commits robbery who

(a) steals, and for the purpose of extorting whatever is stolen or to prevent or overcome resistance to the stealing, uses violence or threats of violence to a person or property;

(b) steals from any person and, at the time he steals or immediately before or immediately thereafter, wounds, beats, strikes or uses any personal violence to that person;

(c) assaults any person with intent to steal from him; or

(d) steals from any person while armed with an offensive weapon or imitation thereof.

Criminal Code of Canada,section 343
Arson

433. Every person who intentionally or recklessly causes damage by fire or explosion to property, whether or not that person owns the property, is guilty of an indictable offence and liable to imprisonment for life where

(a) the person knows that or is reckless with respect to whether the property is inhabited or occupied; or

(b) the fire or explosion causes bodily harm to another person.

Criminal Code of Canada, section 433
Assault

265. (1) A person commits an assault when
(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;

(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or

(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
Attempt to commit murder

239. (1) Every person who attempts by any means to commit murder is guilty of an indictable offence and liable

(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of

(i) in the case of a first offence, five years, and

(ii) in the case of a second or subsequent offence, seven years;

(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

(b) in any other case, to imprisonment for life.

Criminal Code of Canada, subsection 239(1)
Breach of Policy on Government Security

Disclosure or loss of protected information under CSC control and custody to persons with no legal entitlement to see the information (need-to-know).
Confinement / forcible confinement

279. (2) Every one who, without lawful authority, confines, imprisons or forcibly seizes another person is guilty of

(a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or

(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

Non-resistance

(3) In proceedings under this section, the fact that the person in relation to whom the offence is alleged to have been committed did not resist is not a defence unless the accused proves that the failure to resist was not caused by threats, duress, force or exhibition of force.

Criminal Code of Canada, sections 279(2) and (3)
Death – foul play

Death involving apparent signs of trauma.
Death – natural causes

The cessation of life as a result of a pre-existing medical condition.
Death – overdose

The cessation of life as a result of the unintentional consumption of a lethal dose of a substance without the intent to commit suicide.
Death – police intervention

Intervention by police which results in death.
Death – unknown causes

The cessation of life in which the cause of death has yet to be determined.
Disciplinary problems

An inmate’s refusal to follow staff orders and/or disrespectful behaviour by an inmate towards any person.
Escape attempt

Where an inmate attempts to leave the institution through unauthorized or illegal ways but is unsuccessful. (This excludes Community Correctional Centres.)
Escape from CSC escort

Unlawful departure of an inmate while under CSC supervision outside the perimeter of the institution.

Escape and being at large without excuse

145. (1) Every one who

(a) escapes from lawful custody, or

(b) is, before the expiration of a term of imprisonment to which he was sentenced, at large in or out of Canada without lawful excuse, the proof of which lies on him,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or is guilty of an offence punishable on summary conviction.

Criminal Code of Canada, section 145(1)
Exceptional search

53. (1) Where the institutional head is satisfied that there are reasonable grounds to believe that

(a) there exists, because of contraband, a clear and substantial danger to human life or safety or to the security of the penitentiary, and

(b) a frisk search or strip search of all the inmates in the penitentiary or any part thereof is necessary in order to seize the contraband and avert the danger,

the institutional head may authorize in writing such a search, subject to subsection (2).

Corrections and Conditional Release Act, sections 53 and 61(3)
Fail to report

Offender fails to report to the Community Correctional Centre or Community Residential Facility where he or she is to reside upon his or her release from any institution.
Fail to return

Offender fails to return to the Community Correctional Centre or Community Residential Facility where he or she is residing after having signed out.
Fail to return from Unescorted Temporary Absence

When an inmate does not return from an Unescorted Temporary Absence from an institution into the community.
Forcible confinement with sexual assault

279. (2) Every one who, without lawful authority, confines, imprisons or forcibly seizes another person is guilty of

(a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or

(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

271. (1) Every one who commits a sexual assault is guilty of

(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or

(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

265. (1) A person commits an assault when

(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;

(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or

(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.

Application

(2) This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.

Criminal Code of Canada, sections 279(2)(a) and (b), subsections 271(1), 265(1) and (2)
Hostage taking

279.1 (1)Everyone takes a person hostage who — with intent to induce any person, other than the hostage, or any group of persons or any state or international or intergovernmental organization to commit or cause to be committed any act or omission as a condition, whether express or implied, of the release of the hostage —

(a) confines, imprisons, forcibly seizes or detains that person; and

(b) in any manner utters, conveys or causes any person to receive a threat that the death of, or bodily harm to, the hostage will be caused or that the confinement, imprisonment or detention of the hostage will be continued.

(2) Every person who takes a person hostage is guilty of an indictable offence

Criminal Code of Canada, sections 279.1(1) and (2)
Incident Report

A report of factual information concerning a security incident or situation. Formally known as Sensational Incident Report (SIR).
Inmate fight

A physical altercation between two or more inmates where the respective roles (instigator vs. victim) cannot be ascertained.
Information technology related incident

Incident involving components of electronic material or electronic information in which the ability of the operational unit to conduct its computer-based business is affected (i.e. major computer virus, loss or serious compromise of network capability or a loss of ability to use any mission critical computer system).

Lockdown

A non-routine situation which results in full suspension of all activities/privileges and the inmates are locked in their cells on a non-individualized basis. (This only applies to multi-level, maximum and medium security institutions.)
Major disruption

An internal or external event (fire, flood, pandemic, natural disaster etc.) not inmate initiated which causes the disruption of routine for the whole or a significant portion of the inmate population.

Major disturbance

Inmate initiated violence or behaviour which causes the disruption of routine for the whole or a significant portion of the inmate population.
Medical emergency

An injury or condition that poses an immediate threat to a person's health or life which requires medical intervention.

Minor disruption

An internal or external event (fire, flood, pandemic, natural disaster etc.) not inmate initiated which causes a limited disruption of routine for part of the inmate population (range, unit, work area).
Minor disturbance

Inmate initiated violence or behaviour which causes a limited disruption of institutional routine for part of the inmate population (range, unit, work area).
Murder

229. Culpable homicide is murder

(a) where the person who causes the death of a human being

(i) means to cause his death, or

(ii) means to cause him bodily harm that he knows is likely to cause his death, and is reckless whether death ensues or not;

(b) where a person, meaning to cause death to a human being or meaning to cause him bodily harm that he knows is likely to cause his death, and being reckless whether death ensues or not, by accident or mistake causes death to another human being, notwithstanding that he does not mean to cause death or bodily harm to that human being; or

(c) where a person, for an unlawful object, does anything that he knows or ought to know is likely to cause death, and thereby causes death to a human being, notwithstanding that he desires to effect his object without causing death or bodily harm to any human being.

Criminal Code of Canada, section 229
Murder – staff

231.(4)

(4) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder when the victim is

(a) a police officer, police constable, constable, sheriff, deputy sheriff, sheriff’s officer or other person employed for the preservation and maintenance of the public peace, acting in the course of his duties;

(b) a warden, deputy warden, instructor, keeper, jailer, guard or other officer or a permanent employee of a prison, acting in the course of his duties; or

(c) a person working in a prison with the permission of the prison authorities and acting in the course of his work therein.

Criminal Code of Canada, section 231(4)
Non-serious bodily injury

An injury that does not have the potential to endanger life, does not result in permanent physical impairment, significant disfigurement or protracted loss of normal functioning.

Non-serious bodily injury includes but is not limited to:

  • simple fractures of the nose, phalanges, metacarpals, and metatarsals;
  • isolated non-displaced rib and/or clavicle fractures not associated with any other injuries;
  • lacerations requiring sutures only without permanent neurological impairment;
  • superficial bruising;
  • and avulsed teeth.
Overdose interrupted

Intervention by staff to prevent death by accidental overdose.
Possession of contraband

“contraband” means

(a) an intoxicant,

(b) a weapon or a component thereof, ammunition for a weapon, and anything that is designed to kill, injure or disable a person or that is altered so as to be capable of killing, injuring or disabling a person, when possessed without prior authorization,

(c) an explosive or a bomb or a component thereof,

(d) currency over any applicable prescribed limit, when possessed without prior authorization, and

(e) any item not described in paragraphs (a) to (d) that could jeopardize the security of a penitentiary or the safety of persons, when that item is possessed without prior authorization;

Corrections and Conditional Release Act, section 2
Possession of an unauthorized item

Possession of an item that is not authorized by a Commissioner’s Directive or by a written order of the Institutional Head or the District Director and that an inmate possesses without prior authorization.

Prison Breach

144. Every one who
(a) by force or violence breaks a prison with intent to set at liberty himself or any other person confined therein, or
(b) with intent to escape forcibly breaks out of, or makes any breach in, a cell or other place within a prison in which he is confined,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

Criminal Code of Canada, section 144
Reception or transport of contraband

Seizure of contraband (pursuant to the Corrections and Conditional Release Act) at the time it is being introduced into the institution.
Robbery

343. Every one commits robbery who

(a) steals, and for the purpose of extorting whatever is stolen or to prevent or overcome resistance to the stealing, uses violence or threats of violence to a person or property;

(b) steals from any person and, at the time he steals or immediately before or immediately thereafter, wounds, beats, strikes or uses any personal violence to that person;

(c) assaults any person with intent to steal from him; or

(d) steals from any person while armed with an offensive weapon or imitation thereof.

Criminal Code of Canada, section 343
Security incident

Any real or suspected illegal, unauthorized or disruptive activity or situation that may affect the safety of individuals, the community or the security of the institution or attract adverse media attention.
Self-inflicted injuries

The deliberate harm of oneself without the intent to commit suicide as determined by a mental health professional.
Sexual assault / sexual offence

265.(1)A person commits an assault when

(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;

(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or

(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.

Application

(2) This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.

Criminal Code of Canada, sections 265(1) and (2)
Suicide

The act of taking one’s own life.
Suicide attempt

An unsuccessful attempt to take one’s life as determined by a mental health professional.

Threats towards staff / uttering threats / criminal harassment

264.1 (1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat

(a) to cause death or bodily harm to any person;

264. (1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.

(2) The conduct mentioned in subsection (1) consists of

(a) repeatedly following from place to place the other person or anyone known to them;

(b) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;

(c) besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or

(d) engaging in threatening conduct directed at the other person or any member of their family.

Criminal Code, sections264.1(1)(a) and subsections 264(1) and (2)

Annex C - Incidents to Be Reported Immediately

During the core business hours of 08:00 to16:00

To Security Operations at Regional Headquarters

During non-core business hours

To the National Monitoring Centre via telephone: 1-866-400-3765

Reportable Institutional Incidents

Reportable Community Incidents

Annex D - Incidents to Be Reported Within One Working Day

During the core business hours of 08:00 to 16:00

To Security Operations at Regional Headquarters

Reportable Institutional Incidents

Reportable Community Incidents

Annex E - Incidents to Be Reported Within Three Working Days

Reportable Institutional Incidents

Reportable Community Incidents

Annex F - National Monitoring Centre

The National Monitoring Centre is a centralized operational unit that provides service 24 hours a day, 7 days a week. The National Monitoring Centre is located at the National Headquarters of Correctional Service Canada, and fulfills its mandate of protecting Canadian public safety from coast to coast. The National Monitoring Centre contributes to the mission, priorities, and values of Correctional Service Canada, by assisting offenders to become law-abiding citizens, while exercising reasonable, safe, secure, and humane control. It also ensures the safety and security of Correctional Service Canada staff while performing their duties in the community and works with other partners in the Canadian justice system to ensure safer communities for all Canadians.

In maintaining this goal, the National Monitoring Centre is supported by these primary initiatives:

Community Staff Safety Initiative(1-877-860-0617)

Centralized Duty Officer Initiative (1-866-400-3765)

CSC Tip Line (1-866-780-3784)

Victim Notification (1-866-806-2275)


For more information

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians websites.

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