Commissioner's directive 568-7: Incompatible offenders
Authorities
- Corrections and Conditional Release Act (CCRA),sections 3, 3.1, 4, 23, 24, 25, 26, 27 and 97
- Corrections and Conditional Release Regulations (CCRR), subsections 4(a), (b) and (c)
- Canadian Human Rights Act
- Privacy Act
- Treasury Board Policy on Government Security
Purpose
To provide direction for the identification and management of incompatible offenders
Commissioner's Directive
Applications
Applies to all staff, including contractors and volunteers, involved in identifying and managing incompatibles
Responsibilities
- The Assistant Commissioner, Correctional Operations and Programs, has the authority to develop applicable guidelines that will be followed to support the identification and management of incompatible offenders.
- The Assistant Deputy Commissioner, Correctional Operations, will:
- provide support and direction to Institutional Heads/District Directors on the management of incompatible offenders
- communicate with the other regions regarding the management of incompatible offenders
- provide direction to security operations on intelligence strategies, initiatives, and activities for the identification and management of incompatible offenders.
- The Institutional Head/District Director will:
- oversee and manage incompatible offenders to ensure compliance with this directive and the associated guidelines, GL 568-7-1 - Management of Incompatible Offenders
- ensure that all staff adhere to this directive and the guidelines regarding the management of incompatible offenders.
- The Security Intelligence Officer will coordinate and implement procedures for the identification and management of incompatible offenders.
- The Parole Officer will contribute to the identification and management of incompatible offenders.
- All staff will adhere to GL 568-7-1 - Management of Incompatible Offenders.
Procedures
- When a staff member becomes aware of information that may identify offenders as being incompatible or may change the validity of an incompatibility, this information will be reported in writing to the Security Intelligence Officer using the Statement/Observation Report.
- When an offender is aware of a potential incompatibility with another offender, they are to provide this information to their Parole Officer or the Security Intelligence Officer, and will work with staff in the completion of the assessment of the reported incompatibility.
- The offender may obtain the Offender Incompatibility Request (CSC/SCC 1307) from their Parole Officer or the Security Intelligence Officer, and complete the applicable parts of the form. Alternatively, the offender may complete the form in collaboration with their Parole Officer or the Security Intelligence Officer.
- The Security Intelligence Officer, in consultation with members of the Case Management Team, will assess and record any incompatibility in the Offender Management System. All reference document(s) used in assessing the incompatibility must be noted in the Offender Management System.
- The Security Intelligence Officer will assess the validity of any new relevant information received regarding offender incompatibilities.
- Where incompatible offenders are in different locations, and the Security Intelligence Officer becomes aware of a change in an incompatibility status, they will communicate with the Security Intelligence Officer where the other offender is located.
- All incompatibilities between individuals deemed relevant by the Security Intelligence Officer will be examined before proceeding with a transfer or conditional release within a parole district to ensure the safety of the staff, the public and the offenders.
- In cases of a recommended penitentiary placement, transfer and/or release where a relevant incompatibility exists, the Security Intelligence Officer of the sending institution/district will communicate with the Security Intelligence Officer of the receiving institution/district.
- After consultation with the Case Management Team (including Elders/Spiritual Advisors where applicable), the Security Intelligence Officer will proceed with the inactivation of an incompatibility when it is determined that it is no longer valid or relevant. This review must be based on all pertinent information from various sources, including but not limited to the Statement/ Observation Reports, the Security Intelligence Reports, and the input from applicable staff members (e.g., Chaplains, Instructors, Program Officers, Elders, etc.) and law enforcement agencies.
- Conflict resolution will be considered, where appropriate, to allow the incompatible offenders to resolve the reasons for their incompatibilities.
- Various risk management options will be considered for unresolved incompatibilities, including but not limited to the following:
- incompatible offenders will not normally be transferred to the same institution unless the risk can be managed within the same institution (i.e., in a different unit or range)
- incompatible offenders will not normally be housed in the same unit, range or cell
- incompatible offenders will not normally be housed in the same community-based residential facility or Community Correctional Centre
- precautions will be taken when incompatible offenders report to the same parole office.
Commissioner,
Original signed by:
Anne Kelly
Annex A - Cross-References and Definitions
Cross-References
- CD 087 - Official Languages
- CD 228- Information Management
- CD 550 - Inmate Accommodation
- CD 568 - Management of Security Information and Intelligence
- GL 568-7-1 - Management of Incompatible Offenders
- CD 702 - Indigenous Offenders
- CD 705-1 - Preliminary Assessments and Post-Sentence Community Assessments
- CD 705-3- Immediate Needs Identification and Admission Interviews
- CD 710-2 - Transfer of Inmates
- GL 710-2-3 - Inmate Transfer Processes
- CD 712 - Case Preparation and Pre-Release Framework
- CD 785- Restorative Opportunities Program and Victim-Offender Mediation Services
- Correctional Service of Canada Information Security Requirements
Definitions
Case Management Team: the individuals involved in managing an offender’s case, which include at a minimum the Parole Officer and the offender, and in institutions, the Correctional Officer II/Primary Worker.
Incompatible offender: where there are reasonable grounds to believe that an offender poses a threat to the safety and well-being of another offender.
Reference document: a document that details the reason(s) for an incompatibility being identified or inactivated. The reference document used must be noted in the Offender Management System. A reference document can be one of the following: the Statement/Observation Report, the Intelligence Observation Report, the Security Intelligence Report, the Offender Incompatibility Request, or the Offender Management System Incident Report.
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