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Commissioner's directive 710-1: Progress Against the Correctional Plan

Authorities

Purpose

To establish the procedures required to monitor, intervene, assess and document the inmate's accountability and progress against the objectives identified in the Correctional Plan

Application

Applies to staff responsible for documenting inmates' progress towards meeting the objectives of their Correctional Plan


Commissioner's Directive

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Number: 710-1

In Effect: 2019-04-15

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Contents

Responsibilities

  1. The Institutional Head/District Director will ensure that procedures are in place for updating Correctional Plans.
  2. The Assistant Warden, Interventions, or delegate will schedule and chair the Pathways progress review meetings at least every 6 months for Indigenous offenders classified as maximum and medium security.
  3. The Parole Officer will:
    1. assist and support the inmate in actively participating in meeting the objectives of their Correctional Plan
    2. document all interactions, interventions, observations and assessments
    3. maintain and update the Correctional Plan as per Annex D, in consultation with the inmate
    4. monitor the inmate's behaviour and compliance with court-ordered obligations
    5. inform the inmate about their rights pursuant to sections 81, 84 and 84.1 of the CCRA
    6. consider the provisions outlined in paragraph 26(1)(a) and/or subection 33(3.1) or 134.1(2.1) of the CCRA for all Correctional Plan Updates for the purpose of preparing for release, where applicable.
  4. The Correctional Officer II/Primary Worker will:
    1. maintain regular interactions and interventions with the inmate in order to enhance and strengthen dynamic security
    2. document all interventions, observations and assessments.
  5. The Indigenous Liaison Officer will:
    1. maintain regular interactions and interventions with the inmate
    2. act as liaison between Indigenous communities and the Case Management Team
    3. document and share the Elder's observations with members of the Case Management Team and the inmate
    4. support and promote the provision of sections 81, 84 and 84.1 of the CCRA, pursuant to Guidelines (GL) 712-1-1 - CCRA Sections 84 and 84.1 Release Planning Process
    5. provide input to the Parole Officer regarding the Correctional Plan for the inmate following a healing path, consistent with the Indigenous Corrections Continuum of Care Model.
  6. The inmate is expected to:
    1. participate in the consultation process when updating their Correctional Plan
    2. actively participate in meeting the objectives identified in their Correctional Plan
    3. obey the penitentiary rules, lawful orders and supervision requirements
    4. comply with the requirement to submit to urinalysis.

Procedures

Initial Interview Case Conference

  1. The Parole Officer will arrange an initial interview case conference to review the Correctional Plan and interview the inmate as soon as is practicable, but no later than 10 working days after their arrival at the institution, a change in security level in a clustered institution or a case reassignment. The interview will include the inmate, Parole Officer, Correctional Officer II/Primary Worker when available, and when applicable, other members of the Case Management Team to ensure continuity of the correctional planning process. The Parole Officer will document this interview in a Casework Record.
  2. No less than the following will be addressed:
    1. progress against the Correctional Plan
    2. roles and objectives for the Case Management Team, including any changes to the frequency or structure of case management interventions
    3. objectives and expectations for the inmate, including court-ordered obligations
    4. when there is a change in the inmate's security level within a clustered institution, there will be a review of previous decisions pertaining to CD 559 - Visits, CD 710-3 - Temporary Absences, CD 710-4 - Perimeter Security Clearance, CD 710-7 - Work Releases, CD 710-8 - Private Family Visits and others if required.
  3. The Indigenous Liaison Officer will interview inmates who express an interest in working with an Elder or in following a healing path as soon as is practicable after their arrival at the institution, and document in a Casework Record.
  4. Subsequent interviews by staff will occur on a pre-determined and structured basis and will be based upon the inmate's risk and needs, and will be documented.
  5. Any updates to the Correctional Plan will normally require a case conference with the inmate, and other applicable members of the Case Management Team.

Casework Records

  1. All case conferences will be documented in a Casework Record entitled “Case Conference”.
  2. Members of the Case Management Team will record all information that is related to the Correctional Plan in a Casework Record as soon as is practicable, but no later than five working days from receipt of information.
  3. The Correctional Officer II/Primary Worker will meet with the inmate and complete a Structured Casework Record as outlined in Annex B within 45 days of admission to federal custody, arrival at an institution or case reassignment, and every 45 days thereafter.

Correctional Plan Update

  1. The Correctional Plan Update is comprised of two sections:
    1. Objectives/Expected Gains
    2. Analysis of Current Request.
  2. The Objectives/Expected Gains section contains the analysis of key ratings, the objectives, the expectations established for the inmate, as well as the overall sentence planning (see Annexes C and D).
  3. Sentence planning for offenders serving sentences of 10 years or more will include the four phases pursuant to Annex D. The initial focus is on adaptation and integration to the institutional environment. Offenders classified as medium security must be in the "preparation for release" or "reintegration to the community" phase to be eligible for placement in, or transfer to, an environment without a secure and directly controlled perimeter pursuant to CD 706 - Classification of Institutions.
  4. The Analysis of Current Request section will contain, when required, the purpose and/or the reason for the report, as indicated in Annex D.
  5. For offenders participating in Pathways, at least every six months, the Pathways Team will meet to discuss the offender's progress. Progress against the offender's Correctional Plan to address the offender's specific need and risk areas based on cultural interventions should be determined in consultation with the Elder and documented in Correctional Plan Updates. Additionally, results from participating in the Pathways Initiative could include some of the following:
    1. increased commitment and engagement in their Correctional Plan
    2. lack of positive urinalysis test
    3. lack of institutional charges or lack of need for correctional interventions
    4. high level of participation in pathways activities, such as ceremonies and Elder one on one counselling
    5. positive support by the Elder to transition out of the Pathways Initiative. This could include a change in security level, a movement to a section 81 Healing Lodge, or an application for conditional release and section 84 or 84.1 release planning.
  6. A Correctional Plan Update is required:
    1. when there is a need to make a change to the key ratings or where circumstances warrant a reassessment
    2. for Indigenous offenders, successful completion of a main program within 30 days of the correctional program report completion date
    3. for Indigenous offenders participating in Pre-Pathways interventions /Pathways units, within thirty days of the Pathways progress review meeting
    4. to add or remove a program referral pursuant to CD 726 - Correctional Programs when the need/objectives are not already identified in the previous Correctional Plan
    5. to amend the objectives of the Correctional Plan, or
    6. to request a Community Strategy.
  7. When a Correctional Plan Update is being prepared for the purposes of release, victim information, as well as any victim statements, will be included as outlined in Annex D.

 

Commissioner,

Original signed by:
Anne Kelly

 

Annex A
Cross-references and Definitions

Cross-references

Definitions

Case conference: a formal meeting, consultation or discussion about an offender between two or more individuals.

Case Management Team: the individuals involved in managing an offender's case, which includes at minimum the Parole Officer and the offender, and in institutions, the Correctional Officer II/Primary Worker.

Dynamic security: regular and consistent interaction with offenders and timely analysis of information and sharing through observations and communication (e.g. rapport building, training, networking, intelligence gathering and strategic analysis). Dynamic security is the action that contributes to the development of professional, positive relationships between staff and offenders and, is a key tool to assess an offender’s adjustment and stability.

Indigenous Corrections Continuum of Care Model: a care model that provides specific approaches to address the needs of Indigenous offenders.

Main program: nationally recognized correctional programs which include moderate intensity programs, high intensity programs, and hybrid programs. Main programs specifically address risk factors related to offending at intensity levels commensurate to offenders' risk and needs.

Pathways progress review meeting: a structured Pathways team meeting that must occur at least once every six months with the aim of discussing offender progress and if needed, set new objectives/goals.

Victim information: victim-related information, provided either in writing or verbally, for consideration as part of the overall case management process. This would include information provided by the victim and/or other sources. This also includes the court Victim Impact Statement, when available.

Victim statement: a written statement provided by the victim, pursuant to subsection 133(3.1) or subsection 134.1(2.1) of the CCRA, describing the harm done or loss suffered as a result of the commission of an offence and the continuing impact on them - including any safety concerns - or commenting on the possible release of the offender. The statement will be considered in the pre-release decision-making process for consideration to impose conditions to protect the victim including a condition that the offender abstain from having any contact with the victim or from going to any specified place.

Annex B
Structured Casework Record - Report Outline

  1. Institutional adjustment/attitude
    • Document any institutional charges, incidents, including observations of the inmate's involvement in any illicit and gang activities.
    • Describe any observed changes in the inmate's behaviour and/or attitude based on the behavioural/attitudinal identified goals.
    • Assess any changes in the inmate's behaviour/attitude as a result of program involvement, counselling, intervention, or any other activity.
  2. Inmate's use of time
    • Identify any relevant programs, interventions or activities in which the inmate has participated during the previous 45 days. These may include correctional programs, education, spiritual/cultural activities, support groups, leisure activities, counselling, temporary absences, work releases, regular visits, private family visits, or any other activity in which the inmate is involved that demonstrates engagement and progress towards meeting the goals of their Correctional Plan.
    • Describe the inmate's employment. If the inmate is not employed, discuss why and if applicable, what the inmate must do/demonstrate to gain employment.
    • Identify any new programs, activities or interventions that the inmate will be involved in during the next 45 days.
    • Confirm the inmate's next of kin and emergency contacts information, and update the Offender Contact information.
  3. Inmate contacts/consultations
    • Describe your interactions with the inmate over the past 45 days. In addition, summarize any consultation comments from staff and/or other collateral contacts that have had interactions with the inmate during the previous 45 days. Consultations must include but are not limited to: Parole Officer and when applicable, Employment Supervisor, Correctional Program Facilitator, Correctional Manager, Psychologist, Elder, Chaplain, Spiritual Advisor, Security Intelligence Officer, Psychiatrist, health care personnel, volunteers, Visits and Correspondence Officers.
  4. Overall assessment and objectives
    • Establish the goals with the inmate for the next 45 days based on:
      1. the inmate's self-assessment in meeting the objectives of their Correctional Plan and what they believes is needed to maintain/further progress
      2. your overall assessment.
  5. Payment level review

Annex C
Key Ratings Reassessment Framework

Level of Intervention Based on Static Factors

A review of static factors [i.e. based on historical information related to risk that is available at the time of the inmate's admission to federal custody, such as rating on the Statistical Information on Recidivism Scale - Revised (SIR-R1), criminal history record, offence severity record, sex offence history, detention criteria] produces a reliable estimate of the probability and severity of re-offending. This estimate, originally determined at intake, appears as a rating of level of intervention based on static factors. Unless a reassessment is warranted, the rating is normally accurate throughout the inmate's period of incarceration and for the first six months of supervision on conditional release, at which time dynamic factors related to performance on release become increasingly dominant.

The predictive accuracy of this rating can be improved in some cases by reviewing the following factors:

  1. time since the inmate's release
  2. existence of collateral contacts that could assist in the supervision
  3. significant disciplinary problems, suspensions or police intervention in the last year
  4. inmate's progress and motivation to participate in their Correctional Plan.

Only a significant and sustained change in the inmate's performance or situation justifies an increase or a decrease in the level of intervention based on static factors. Guidelines for adjusting the level are as follows:

  1. Low
    • If the previous rating was Low and there has been no significant changes in the above factors.
    • If the previous rating was Medium and there have been significant and sustained improvements in the above factors.
  2. Medium
    • If the previous rating was Medium and there has been no significant changes in the above factors.
    • If the previous rating was High and there have been significant and sustained improvements in the above factors.
    • If the previous rating was Low and there has been significant and sustained deterioration in the above factors.
  3. High
    • If the previous rating was High and there has been no significant change in the above factors.
    • If the previous rating was Medium and there has been significant deterioration in the above factors.

Level of Intervention Based on Dynamic Factors

Reassessing the level of intervention based on dynamic factors begins with the reassessment of each of the dynamic factors, by examining each of the following areas:

  1. progress related to the Correctional Plan
  2. anything else that may affect the intensity of the dynamic factor (e.g., changes in personal situation, health, etc.).

The rating for each dynamic factor is based on the level of need required to address each dynamic factor domain as outlined in Annex D of CD 705-6 - Correctional Planning and Criminal Profile:

  1. High Need - Factor seen as high need for improvement
  2. Medium Need - Factor seen as moderate need for improvement
  3. Low Need - Factor seen as low need for improvement
  4. No Immediate Need - Factor seen as no immediate need for improvement
  5. Asset to Community Adjustment - Factor seen as an asset to community adjustment.

Reassessment of the overall rating can then be conducted by examining the number and seriousness of the dynamic factors.

The overall rating should change only if there are some changes in the reassessment of the individual dynamic factors. For Indigenous offenders, explain how the offender’s Indigenous social history has had an impact on each dynamic factor. Refer to CD 705-6-Criminal Profile and Correctional Planning, Annex H - Dynamic Factors and Indigenous Social History, for guidance. The overall rating may be:

  1. Low
    • No identified dynamic factors (e.g., factors seen as an asset to community adjustment and/or no immediate need for improvement).
    • Relatively few identified dynamic factors and rated as “some need for improvement”.
  2. High
    • Few identified dynamic factors but rated as “High Need for improvement".
    • Multiple dynamic factors identified (regardless of degree or severity of needs).
  3. Medium
    • Any combination of dynamic factor severity and number that lie outside of either the Low or High guidelines as identified above.

During the reassessment process, it is possible to identify new dynamic factors for which intervention may improve the chances for the inmate's eventual reintegration. For Indigenous offenders, indicate what cultural interventions or restorative options may benefit the offender and explain why.

Accountability

Accountability is the level of involvement of the inmate in their Correctional Plan in relation to the obligation to modify behaviours identified as being problematic. Attitude, behaviour and insight are critical components to accountability.

The following criteria are used to assess an inmate's level of accountability:

Overall Level of Accountability

The guidelines for establishing the overall level of accountability are as follows:

Low - Inmate rejects responsibility for their actions and fails to recognize their problems. Does not disclose emotional states, display guilt or victim empathy with evidence indicating a high level of denial and cognitive distortions.

Moderate - Inmate may not fully accept responsibility for their actions but recognizes some of their problems. Displays some guilt and victim empathy with some evidence of denial and cognitive distortions.

High - Inmate accepts responsibility for their actions and recognizes their problems. Willing to self-disclose, displays guilt and victim empathy with evidence indicating a low level of cognitive distortions.

Motivation

Motivation is the desire or willingness to change.

The following criteria are used to assess an inmate's progress in relation to motivation:

Overall Level of Motivation

The guidelines for establishing the overall level of motivation are as follows:

Low- Inmate strongly rejects the need for change or is unwilling to participate in recommended programs or other interventions.

Medium - Inmate may not fully accept overall assessment but will participate in recommended programs or other interventions.

High - Inmate is self-motivated and is actively addressing their problem areas.

Responsivity

Responsivity is the presence of a characteristic(s) that influences the inmate's capacity to benefit from the targeted intervention(s).

Responsivity indicators are identified as “Yes”, “No” or “Unknown”.

The following factors are used to assess an inmate's responsivity:

Overall Responsivity is identified as “Yes” or “No”.

Engagement

Engagement is the demonstrated willingness of an inmate to:

Overall Level of Engagement

Determine the inmate's engagement in the Correctional Plan. In order to be engaged there must be a rating of either moderate or high in both accountability and motivation.

Engagement is identified as “Yes” or “No”.

Reintegration Potential

The reassessment of reintegration potential is based on the analysis of the inmate's progress and the following elements:

The reintegration potential should only change if the above have changed, and should be rated as:

  1. Low
    • If the previous rating was Low and there has been no significant changes in the above factors.
    • If the previous rating was Medium and there has been significant deterioration in the above factors.
  2. Medium
    • If the previous rating was Medium and there has been no significant changes in the above factors.
    • If the previous rating was High and there has been significant deterioration in the above factors.
    • If the previous rating was Low and there have been significant improvements in the above factors.
  3. High
    • If the previous rating was High and there has been no significant change in the above factors.
    • If the previous rating was Medium and there have been significant improvements in the above factors.

Annex D
Correctional Plan Update Guide

The main purpose of the Correctional Plan Update is to report on the inmate's progress in meeting their Correctional Plan objectives. When a Correctional Plan Update is prepared because release is being considered the report includes the inmate's proposed release plan and provides sufficient information to support a request for a Community Strategy.

When an Assessment for Decision is prepared, the Correctional Plan Update becomes a key document that both supports the assessment and recommendation as well as decision-making.

The report contains the following sections:

Section 1 - Objectives/expected gains

Case Status

Provide a brief synopsis of the case, including:

Ratings Reassessment and Correctional Plan Progress

Using the Key Ratings Reassessment Framework (Annex C), update the relevant ratings, highlighting any changes that have occurred from the beginning of the sentence. Specify what changes, if any, have occurred concerning the Correctional Plan objectives, including court ordered obligations, obtaining missing pieces of identification, commenting on the impact of programs and interventions, including Pathways, updated mental health information, updated comments from an Elder and relevant security information. For Indigenous offenders, when providing a description of changes that have occurred, do so within the context of the offender’s Indigenous social history.

Offence Cycle

Update, if required, the offence cycle, and comment on any changes regarding the inmate’s understanding of the cycle. For Indigenous offenders, explain the offence cycle within the context of their Indigenous social history.

Correctional and Sentence Planning

In consultation with the inmate and other members of the Case Management Team:

The objectives and significant events will be individualized, structured, measurable, attainable, relevant, and time-bound, while setting the framework for managing the sentence.

Sentence planning for offenders serving sentences of 10 years to life, who are not approaching release eligibility, is developed according to the four phases of a long-term sentence:

  1. adaptation - coming to terms with the reality of confinement
  2. integration to the institutional environment - living within the context of that reality
  3. preparation for release - preparing for release in a progressive manner. This can include consideration for placement or transfer to an institution without a secure and directly controlled perimeter
  4. reintegration into the community - assuring a coherent and continuous process leading to safe reintegration. This can include consideration for placement or transfer to an institution without a secure and directly controlled perimeter.

Section 2 - Analysis of current request

If release is being considered, summarize the inmate's release plan, including the following:

If completing for statutory release or long-term supervision order at warrant expiry date, review the early discretionary release and accompaniment criteria pursuant to CD 712-4 - Release Process.

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