Guideline 710-2-4: Movement within clustered/multi-level institutions

Guidelines

1. The Institutional Head will:
   1. ensure that the process for the movement of inmates, between security level locations, within a clustered/multi-level institution is applied and respected
   2. ensure that a process is in place to immediately update the tombstone data and bed assignments in the Offender Management System, where applicable
   3. approve all movements within a clustered/multi-level institution. Their authority may be delegated to the Deputy Warden.
2. Movements off the Secure Unit at women offender institutions for personal development for rehabilitative purposes (including programs) will continue to take place as per CD 578 - Intensive Intervention Strategy in Women Offender Institutions/Units .

3. Reviews of inmate security classification and related decisions will be in accordance with CD 710-6 - Review of Inmate Security Classification.
4. The inmate will be advised of the right to seek redress for all movement decisions, using the grievance process pursuant to CD 081 - Offender Complaints and Grievances.
5. The procedures regarding high profile offenders will be followed pursuant to CD 701 - Information Sharing when an inmate is moved to a different security level location as a result of a change in security classification.
6. When there is a Victim Notification flag on file, the Victim Services Unit will be advised of any movement to a minimum security unit within a clustered institution or movement between the minimum security unit outside the perimeter fence and any other living unit at a women offender institution, pursuant to CD 784 - Victim Engagement.

7. The Parole Officer/Primary Worker will complete the Assessment for Decision pursuant to Annex B of these Guidelines.
8. Before the movement of the inmate, the Institutional Head or designate will:
   1. meet with the inmate to explain the reasons for the proposed movement
   2. give the inmate written notice of the proposed movement via a "Notice of Involuntary Transfer/Movement Recommendation" which will:
      1. clearly state the reasons for the recommendation for the movement and the proposed destination
      2. advise the inmate of their right to legal counsel without delay
      3. advise the inmate of their right to request an extension of up to 10 working days to prepare and submit a rebuttal to the proposed movement
      4. be signed by the inmate and a copy will be provided to them.
   3. provide the inmate with a copy of:
      1. the Assessment for Decision
      2. the Security Reclassification Scale or Security Reclassification Scale for Women
      3. the Security Reclassification Scale Functional Specification (scoring matrix), or ensure that the inmate has access to it
      4. any other information that will be used in the decision-making process
   4. provide the inmate two working days to respond in person or in writing to the movement. When the inmate responds in person, the response must be documented in a "Casework Record - Rebuttal".
9. The inmate's rebuttal, a copy of the most recent Correctional Plan Update (if required) and the Assessment for Decision will be forwarded to the decision maker.
10. The inmate will be provided with a written notice of the final decision and the associated reasons via the CSC Board Review/Decision Sheet :
    1. at least two days before the movement, unless the inmate waives the two-day period, if the final decision is to move the inmate, or
    2. within five working days of the decision, if the final decision is not to move the inmate.
11. The Institutional Head or Deputy Warden, or the officer in charge outside regular business hours, has the authority to approve the movement of an inmate to a higher security level location within a clustered/multi-level institution.
12. When it is determined necessary to immediately move an inmate for security reasons or the safety of the inmate or any other person, the inmate will be moved to the higher security level location on an interim placement pending a review of their security classification level. A Threat Risk Assessment will be completed prior to integrating the inmate.
13. In such circumstances, within two working days after the movement, the Institutional Head or designate will:
    1. meet with the inmate to explain the reasons for the movement
    2. give the inmate written notice of the movement via a "Notice of Involuntary Transfer/Movement Recommendation" which will:
       1. clearly state the reasons for the recommendation for the movement
       2. advise the inmate of their right to legal counsel without delay
       3. advise the inmate that they can prepare and make representations in person or in writing with respect to the movement in the next two working days
       4. advise the inmate of their right to request an extension of up to 10 working days to prepare and submit a rebuttal
       5. be signed by the inmate and a copy will be provided to them.
14. The Parole Officer/Primary Worker will complete the Assessment for Decision pursuant to Annex B of these Guidelines.
15. The inmate will be provided with a copy of:
    1. the Assessment for Decision
    2. the Security Reclassification Scale or Security Reclassification Scale for Women
    3. the Security Reclassification Scale Functional Specification (scoring matrix) (or ensure that the inmate has access to it)
    4. any other information that will be used in the decision-making process.
16. The inmate will be provided two working days to respond in person or in writing to the movement. When the inmate responds in person, the response must be documented in a "Casework Record - Rebuttal".
17. The inmate's rebuttal, a copy of the most recent Correctional Plan Update (if required) and the Assessment for Decision will be forwarded to the appropriate decision maker as outlined in Annex C of these Guidelines.
18. The inmate will be provided with a written notice of the final decision and the associated reasons via the CSC Board Review/Decision Sheet within five working days of the final decision.
19. If the final decision results in no change to the inmate's security classification level, the inmate will be returned immediately to their initial security level location.

20. The Parole Officer/Primary Worker will:
    1. complete the Assessment for Decision pursuant to Annex B of these Guidelines
    2. provide the inmate with a copy of:
       1. the Assessment for Decision
       2. the Security Reclassification Scale or Security Reclassification Scale for Women
       3. the Security Reclassification Scale Functional Specification (scoring matrix), or ensure that the inmate has access to it
       4. any other information that will be used in the decision-making process
    3. submit the documentation to the decision maker within 30 days of the receipt of the inmate's request
    4. provide the inmate with a copy of the information that will be used in the final decision and the associated reasons via the CSC Board Review/Decision Sheet, within 35 days of the receipt of the request.
21. Any subsequent review will be conducted no sooner than six months following a negative decision, unless the request is supported by the Case Management Team.

22. For a movement to a same security level location, an Assessment for Decision is not required. The following information will be documented in the recommendation section of the CSC Board Review/Referral Decision Sheet:
    1. information from the Security Intelligence Officer
    2. information regarding individual characteristics, as well as, where applicable, Indigenous social history, physical and/or mental health needs
    3. a detailed rationale of the reasons for the decision
    4. the final decision.

23. The movement of inmates to allow them to attend a lower security level location within a clustered/multi-level institution for personal development for rehabilitative purposes (including programs) will be conducted in accordance with CD 566-3 - Inmate Movement and these Guidelines. Movements for this purpose off the Secure Unit in women offender institutions will continue to be managed in accordance with CD 578 - Intensive Intervention Strategy in Women Offender Institutions/Units.
24. Upon receipt of the Inmate's Request Form (CSC/SCC 1122) for a movement to a lower security level location within a clustered institution for personal development for rehabilitative purposes (including programs), the Parole Officer, up until the first positive decision, and the Correctional Officer II, following the first positive decision, will:
    1. review the request against the objectives of the Correctional Plan
    2. meet with the inmate to discuss the request
    3. obtain input from the Case Management Team when assessing and reviewing the request
    4. assess the level of risk to public safety and the required supervision to manage the risk
    5. within 30 days of receiving the inmate's request, provide a recommendation and rationale to the decision maker via the recommendation section of the CSC Board Review/Decision Sheet.
25. The Primary Worker/Older Sister will complete the process for a movement to a lower security level location for personal development for rehabilitative purposes (including programs) in women offender institutions that is done in accordance with these guidelines.
26. The following information will be documented in the recommendation section of the CSC Board Review/Decision Sheet:
    1. information from the Security Intelligence Officer
    2. information regarding the impact on an offender of various circumstances, such as Indigenous Social History, and physical and mental health needs
    3. behavioural expectations
    4. the supervision requirements
    5. the frequency and duration
    6. restraint equipment, if deemed necessary
    7. the recommendation from the Case Management Team consistent with the objectives identified in the Correctional Plan.
27. The Institutional Head or delegate will make a decision as soon as possible, but no later than five days after the completion of the CSC Board Review/Decision Sheet. The CSC Board Review/Decision Sheet will include the rationale for the decision and the specific supervision requirements. A copy of the decision will be provided to the inmate within five working days of the decision.

28. For the movement an inmate to a higher security level location for rehabilitative purposes, an Assessment for Decision is not required. The following information will be documented in the recommendation section of the CSC Board Review/Decision Sheet:
    1. information from the Security Intelligence Officer
    2. a detailed rationale of the reasons for the decision
    3. the final decision.
29. Any subsequent review will be conducted no sooner than six months following a negative decision, unless significant changes have occurred and the request is supported by the Case Management Team.
30. Pursuant to CD 566-3 - Inmate Movement, a pass will be issued to inmates in order to allow them to move to another security level location in order to participate in activities for rehabilitative purposes. A request for a movement to attend another security level location to participate in activities for a rehabilitative purpose may be granted to an inmate for up to a maximum of six months, and will not normally exceed eight hours in duration per day.
31. During the course of a movement to the other security level location, if the escorting individual believes that there may be grounds to suspend the pass, the Institutional Head or delegate will be notified and the inmate will be immediately returned to their assigned location.
32. Following the suspension of a pass, the Parole Officer/Correctional Officer II/Primary Worker will:
    1. meet with the inmate to explain the reasons for the suspension
    2. provide a recommendation and rationale to either cancel or reinstate the pass to the decision maker via the recommendation section of the CSC Board Review/Decision Sheet
    3. provide the inmate with a copy of the CSC Board Review/Decision Sheet within five working days of the decision being made.
33. Pursuant to CD 710-1 - Progress Against the Correctional Plan, any interventions, observations and assessments in relation to the movement(s) to another security level location within a clustered institution for personal development for rehabilitative purposes will be documented.

Assistant Commissioner,
Correctional Operations and Programs

Original Signed by:
Fraser Macaulay

CD 001 – Mission of the Correctional Service of Canada
CD 081 - Offender Complaints and Grievances
CD 566-3 - Inmate Movement
CD 568-7 - Management of Incompatible Offenders
CD 578 - Intensive Intervention Strategy in Women Offender Institutions/Units
CD 701 - Information Sharing
CD 702 - Indigenous Offenders
CD 705-7 - Security Classification and Penitentiary Placement
CD 710-1 - Progress Against the Correctional Plan
CD 710-2 - Transfer of Inmates
CD 710-6 - Review of Inmate Security Classification
CD 711 – Structured Intervention Units
CD 784 - Victim Engagement

Indigenous Social History Tool

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.

Interim placement: the movement/placement of an inmate in a higher security location pending a review of their security classification when there is reason to believe that there might be a risk for the public, staff or inmates that cannot be managed within the current location.

Annex B
Assessment for Decision for Movements - Report Outline

1. Provide a brief statement of the purpose of the report (e.g. type of movement: voluntary/involuntary/emergency):
   • to respond to reassessed security requirements
   • to provide access to relevant programs and services, including health care, taking into account the inmate's willingness to participate in those programs and services
   • to provide a safe environment to the inmate.
2. Indicate the length of sentence, current offence(s), outstanding charges or appeals, immigration/deportation/extradition status.
3. Present new information related to the decision received since completion of the Correctional Plan Update.

1. Risk Factors
   Briefly analyze the inmate's risk factors, specific to the offence cycle as outlined in the Correctional Plan. Incorporate actuarial assessments (e.g. SIR-R1) and reintegration potential.
2. Inmate Security Level Review (Refer to CD 710-6 - Review of Inmate Security Classification)
   Confirm or complete (as required) an analysis of the security level assessment pursuant to section 18 of the CCRR. A statementwill be made under each of the following:
   1. institutional adjustment
   2. escape risk
   3. risk to the safety of the public.

Provide an overall assessment incorporating the following elements and, for Indigenous offenders, the overall assessment should be made within the context of their Indigenous Social History:

1. nature and gravity of the offence and the degree of responsibility of the inmate
2. victim concerns (if applicable)
3. consultation with Security Intelligence Officer, where applicable (e.g., incompatibles and affiliations) (if there are no concerns, a statement should be made to that effect)
4. existence of co-convicted inmates
5. recent professional opinions regarding movement such as from the Case Management Team, Elder, health care, mental health, psychological information, police comments and/or previous CSC decisions (if applicable)
6. previous Parole Board of Canada decision (nature and purpose, all relevant comments, specific reference to relevant issues noted in the decision, including demonstrating how concerns/issues previously raised have/have not been addressed)
7. physical or mental health concerns (pursuant to section 87 of the CCRA) as identified by Health/Mental Health Services that would preclude the inmate's movement
8. current risk
9. inmate engagement
10. outstanding factors requiring intervention
11. an analysis of any high risk behaviours or patterns observed during the sentence. For Indigenous offenders, describe these behaviours within the context of their Indigenous Social History
12. inmate's understanding of risk factors and offence cycle, and how risk will be managed
13. xiii. for an inmate involved in a healing path, incorporate their understanding of the healing components of the Correctional Plan
14. xiv. how the recommendation meets the needs of the inmate while ensuring the safety of the public. For Indigenous offenders, make links between the identified need areas, the offender’s Indigenous Social History and how the recommendation will address these needs.

The following will be incorporated into the Overall Assessment for Decision on involuntary movements.

Analyze the factors that have prompted the proposed movement, including the details of the precipitating incident(s) (e.g. time, place, damage to property or physical injury, and weapons used) as well as behavioural patterns that may have contributed to the decision to recommend involuntary movement. This analysis will ensure that the current incident(s) is (are) viewed by the decision maker in the broader context of the inmate’s overall performance throughout incarceration (i.e. context of the present incident(s) as it (they) relate(s) to previous institutional incidents, offence convictions or involuntary movements). For Indigenous offenders, describe and analyze behaviour patterns within the context of the offender’s Indigenous Social History.

Make reference to the existence of security information that relates to the present or previous incident(s). Provide a rationale where such information cannot be shared with the inmate, or if only the "gist" of the information can be shared.

Consider any pertinent results/recommendations from the psychological and/or psychiatric assessments and/or health care as well as the Elder's opinion for Indigenous offenders in the final movement decision.

Indicate clearly what alternatives have been explored, including cultural interventions and restorative options for Indigenous offenders, and why the involuntary movement is the only reasonable alternative available.