Rules for the Transfer of Inmates General Transfer Process

16. Every movement between institutions requires a transfer warrant, with the exception of:

a. a temporary placement at another institution which is governed by a Memorandum of Understanding;

b. a transfer from a section 81 Healing Lodge to a federal facility which may be processed with a letter of withdrawal of support. However, a transfer warrant must follow as soon as possible;

c. a movement within a multi-level institution, as a result of a change in security classification, where the decision does not result in a transfer to another institution; and

d. following the capture of an offender who had escaped or who was unlawfully at large.

17. For a movement between institutions for segregation purposes where there is no existing Memorandum of Understanding, a transfer warrant is required but not an Assessment for Decision.

18. Delegation of authority regarding the transfer decision, timeframes for transfer decision and inmate's notification are outlined in Annex B.

19. The inmate has the right to contact by telephone, without delay as per section 97 of the CCRR, his/her lawyer or an individual identified on his/her authorized call list, to advise the lawyer/individual of his/her transfer to another institution. If the inmate is incapable of making the call, staff will facilitate the request.

20. The sending institution will ensure that, prior to a transfer, the following documentation is translated in the majority official language of the receiving institution:

a. the Case Documentation Checklist;

b. the Assessment for Decision and the Offender Intake Assessment reports;

c. the police report(s) for all current offences;

d. the Post-Sentence Community Assessment Report;

e. the Criminal Profile Report;

f. the most recent Correctional Plan;

g. the sentence calculation;

h. relevant security intelligence information;

i. the most recent psychological report and/or mental health assessment;

j. the Health Services Transfer Summary (CSC/SCC 0377-01);

k. the Fingerprint System Summary (FPS); and

l. all trial related reports and documentation.

21. For inter-regional transfers, the Regional Victim Services Manager will ensure that all victim files for the offender are transferred to the Victim Services Unit in the receiving region and that translation of documents (per victim services protocol on inter-regional transfers) is completed prior to the transfer.

22. Where time does not permit to translate the documents before the transfer, as in the case of an emergency transfer, translation will be completed immediately following the transfer by the sending institution.

23. Inmates will normally not be transferred within two months prior to a scheduled hearing by the Parole Board of Canada. If a transfer is unavoidable, the sending institution will immediately notify the PBC of the transfer and maintain responsibility for the casework in relation to the PBC hearing.

24. The inmate will be interviewed within 24 hours of arrival at the receiving institution to complete the immediate needs assessment as outlined in CD 705-3 - Immediate Needs Identification and Admission Interviews.

25. Transfers under Exchange of Service Agreements with provinces and territories, or under section 81 agreements with Aboriginal communities, will be managed as per the provisions of the respective agreement, or the decision making authority as per Annex B.

Co-Convicted Inmates

26. Co-convicted inmates under current sentence for an offence resulting in serious harm or death and whose association or influence on each other may be detrimental to the rehabilitation and safe

reintegration of one or more inmates, or to the safety and security of the institution, will:

a. not be accommodated in the same cell; and

b. whenever possible, will not be accommodated on the same range, unit, or in the same institution.

Suicide and Self-Injury Considerations

27. Inmates on high or modified suicide watch will not be transferred to an institution other than a treatment facility unless the attending mental health professional deems the transfer would reduce the risk. (Refer to CD 843 - Management of Inmate Self-Injurious and Suicidal Behaviour.)

28. An exception applies to an inmate in a minimum security institution who requires high or modified suicide watch or mental health monitoring. If this cannot be facilitated at the parent institution, the inmate will be transferred to an appropriate institution.

29. In the case of an inmate who is identified as requiring high or modified suicide watch, the transfer will not be effected until:

a. a case conference/teleconference is held between the mental health teams of the sending and receiving facilities and is documented; and

b. the receiving facility completes an interim management plan for the inmate. This will be completed as soon as reasonably possible, but within seven days of the case conference.

30. In the case of an inmate who is identified as requiring a suicide watch observation level, a transfer from a community mental health facility will not be effected until:

a. a case conference/teleconference is held between the mental health teams of the sending and receiving facilities to discuss the Discharge Plan and this is documented by the receiving facility;

and

b. the receiving facility completes an interim management plan for the inmate. This will be completed as soon as reasonably possible, but within seven days of the case conference.

31. An exception regarding the completion of an interim management plan may be made in the event of an emergency transfer. A case conference/teleconference between the sending and receiving facilities must occur prior to the transfer to ensure exchange of information.

32. Upon transfer, the receiving institution completes all relevant screenings and assessments relating to suicide and self-injury, as per CD 843 - Management of Inmate Self-Injurious and Suicidal Behaviour.

Voluntary Transfers

33. The Parole Officer/Primary Worker will:

a. review and discuss the transfer application with the inmate and, if necessary, with other members of the Case Management Team focusing on how the proposed transfer meets the objectives of the Correctional Plan;

b. consult with the receiving institution to discuss the appropriateness of all intra-regional transfers;

c. where applicable, update the Correctional Plan in consultation with the inmate and complete the Assessment for Decision as per Annex C within 30 days, or where a Community Assessment is required, as soon as possible upon reception of the Community Assessment;

d. request and/or complete a Community Assessment, if required; and

e. notify the inmate of the final transfer decision and associated reasons as perAnnex B.

34. When the transfer is to provide the inmate access to his/her home community and family, a Community Assessment confirming support must be available. As per CD 715-3 - Community Assessments, the institutional Parole Officer/Primary Worker may update or confirm support of a previously completed Community Assessment by a telephone contact with the community resource.

35. If a transfer is denied, a review of any subsequent transfer application is not required more than once every six months, unless supported by the Case Management Team.

Involuntary Transfers

36. As per section 12 of the CCRR, the Institutional Head or designate will:

a. meet with the inmate prior to the transfer to explain the reasons for the transfer and, as per CD 701 - Information Sharing, provide him/her with:

i. the written involuntary transfer recommendation or letter of withdrawal of support from a section 81 Healing Lodge;

ii. the Assessment for Decision;

iii. any other information that will be used in the decision making process;

b. advise the inmate of his/her right to legal counsel without delay; and

c. provide the inmate two working days to respond to the proposed transfer, in person or in writing.

The Institutional Head can grant, within one working day of receiving the request, an extension of up to 10 working days. When the inmate responds in person, the response must be documented in a "Casework Record - Rebuttal".

37. 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 per Annex B.

38. In the event that the destination institution changes prior to transfer, a second notification will be provided and the inmate will be given the opportunity to provide a rebuttal (in writing or in person) to the recommendation. The transfer process is re-initiated and the timeframe is re-applied.

39. The inmate will be provided with a written notice of the final decision and the associated reasons via the CSC Board Review/Decision Sheet.

40. The CSC Board Review/Decision Sheet will be provided to the inmate:

a. at least two days before the transfer, unless the inmate consents to a shorter period or waives the two-day period on the CSC Board Review/Decision Sheet, if the final decision is to transfer the inmate; or

b. within five working days of the decision being made, if the decision is not to transfer the inmate.

41. When a change in the security classification of a woman inmate results in a movement to a different security level unit within the same institution, the involuntary transfer process as outlined in this section will be followed.

Emergency Transfers

42. When an emergency transfer takes place, the inmate will be advised, in writing, of his/her right to legal counsel without delay.

43. The Institutional Head will notify the designated person at Regional Headquarters and the receiving institution prior to transferring an inmate or at the first possible opportunity thereafter.

44. A case conference between institutional staff will take place prior to the inmate's transfer or as soon as possible thereafter.

45. When the majority of the files are in an official language different from that of the receiving institution, the Institutional Head of the sending institution will ensure that the relevant health care and security information is communicated in advance in the language of the receiving institution, and document the sharing of information.

46. The Institutional Head of the sending institution will issue and sign the transfer warrant. When the inmate is being transferred from a section 81 Healing Lodge, the Director of the Healing Lodge will issue a letter of withdrawal of support. This letter will be used for the movement of the inmate and a transfer warrant will be issued as soon as possible.

47. The transfer warrant, the Health Care, Psychology and Preventive Security files will accompany the inmate. The remaining inmate files will be transmitted to the receiving institution the following working day.

48. The Institutional Head of the receiving institution or designate will:

a. meet with the inmate within two working days after the transfer to explain the reasons for the transfer and, as per CD 701 - Information Sharing, provide him/her with:

i. the written involuntary transfer recommendation or letter of withdrawal of support from a section 81 Healing Lodge;

ii. the Assessment for Decision;

iii. any other information that will be used in the decision making process;

b. provide the inmate two working days to respond to the proposed transfer, in person or in writing.

The Institutional Head can grant, within one working day of receiving the request, an extension of up to 10 working days. When the inmate responds in person, the response must be documented in a "Casework Record - Rebuttal";

c. advise the inmate of his/her right to legal counsel without delay; and

d. forward the inmate's response to the appropriate decision maker as per Annex B.

49. 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 following the final decision.

Inter-Regional Transfers

50. An inter-regional transfer will be considered in cases where such a transfer will assist the inmate in achieving the objectives identified in his/her Correctional Plan.

51. When the transfer is to provide the inmate access to his/her home community, an up-to-date Community Assessment confirming community support must be available.

52. To alleviate the segregated status of an inmate where all alternative options to segregation have been exhausted, including those cases that are within six months of their statutory release or warrant expiry date, regardless of whether or not there is confirmed community support in the receiving region, an inter-regional transfer will normally be approved. In such cases, the Assessment for Decision must provide a detailed account of the alternative options to segregation that were considered.

53. The Parole Officer/Primary Worker will advise an inmate applying for an inter-regional transfer that:

a. although he/she may indicate a preference, the receiving region will determine the placement institution once the inter-regional transfer has been approved; and

b. refusal or failure to integrate at the receiving institution may result in his/her transfer to another institution and/or region.

54. If the transfer is supported by the Institutional Head, the sending institution will inform the sending Regional Transfer Coordinator when the documentation is completed for his/her review.

55. The Regional Transfer Coordinator of the sending region will review the documentation and provide a recommendation to the decision maker as per Annex B.

56. If the application is denied by the sending institution or the sending region, the inmate will be informed in writing as per Annex B.

57. If the application is supported, the documentation will be forwarded to the receiving Regional Transfer Coordinator.

58. The Regional Transfer Coordinator of the receiving region will review the transfer documentation, assess the request, consult the proposed receiving institution, and provide the decision maker with a written recommendation.

59. When the receiving region proposes a transfer to an alternate institution, the region will request that the inmate submit a transfer application to the proposed institution. If the inmate disagrees with the proposed institution, the receiving region will make a decision.

60. When a decision is made, the Regional Transfer Coordinator of the receiving region will notify the Regional Transfer Coordinator of the sending region of the decision. The latter will in turn notify institutional staff, who will promptly notify the inmate as per Annex B.

61. Procedures for inter-regional and international transfers are outlined in Annex D.

Transfers to the Special Handling Unit

62. The inmate's rebuttal to a decision to be transferred to the Special Handling Unit will be forwarded to the regional decision maker of the sending region.

Transfers to and from a Section 81 Healing Lodge

63. Refer to GL 710-2-1 - CCRA Section 81: Admission and Transfer of Offenders.

Transfers for Program Participation, Treatment or Assessment

64. These procedures do not apply to transfers to and from a section 81 facility or the Special Handling Unit.

65. For an intra-regional transfer, an Assessment for Decision is not required for:

a. admission to beds designated under provincial mental health legislation at CSCRegional Treatment/Psychiatric Centres;

b. program participation in an institution of the same security level; or c. a return to a parent institution from a or b.

66. For the above-noted cases, a CSC Board Review/Decision will be completed by the Manager, Assessment and Interventions/Manager, Intensive Intervention Strategy, and include the following:

a. information from the Security Intelligence Officer;

b. comments from the receiving institution;

c. recommendation from the Case Management Team consistent with the objectives identified in the Correctional Plan; and

d. the Executive Director/Institutional Head's final decision.

67. Prior to the transfer or admission to a treatment centre, the inmate will be informed that:

a. upon completion of the treatment plan, the assessment or the provision of the required health services, he/she will be returned to the parent institution; and

b. failure to fully participate in programming may result in a discharge from the treatment centre and, under normal circumstances, the inmate will be voluntarily returned to the parent institution.

68. When the inmate does not want to return to the parent institution and has been at the receiving institution for less than 60 days, the parent institution is responsible for completing the casework.

69. Should the receiving institution, following consultation with the parent institution, make the decision to transfer the inmate to another institution than the parent institution, the procedures and timeframes associated with the type of transfer will apply.

70. When an inmate has been transferred to a treatment centre for assessment purposes and is being recommended for admission, the Executive Director or a designated staff member will:

a. provide the inmate with written notice of the recommendation including the reasons for the recommendation. This information will be documented in a Memo to File;

b. meet with the inmate to explain the reasons for the recommendation and provide him/her with an opportunity to respond to the recommendation in person or in writing. In cases where the inmate responds in person, his/her response must be documented in a Casework Record;

c. provide the inmate two working days to prepare a response to the proposed admission; and d. advise the inmate of his/her right to legal counsel without delay.

71. Upon consideration of the inmate's rebuttal to the recommendation to admit him/her to a treatment centre, the Executive Director or the designated staff member will provide the inmate with a written notice of the final decision and rationale within two working days of the decision being rendered.

72. If an inmate has been certified or ordered under the relevant provincial mental health legislation, there must be a pre-requisite of discharge before a transfer can occur, which falls under the authority of the medical professionals.

Interjurisdictional Transfers

73. Refer to CD 541 - Interjurisdictional Agreements for the applicable Exchange of Services Agreements and the procedures for a transfer to a provincial facility.

Transfers for Judicial Review of Parole Ineligibility or for Attendance at Other Court Proceedings 74. An inmate eligible for judicial review of parole ineligibility will be voluntarily transferred for the

purposes of the review hearing to an institution which is in close proximity to the jurisdiction where his/her hearing will be held.

75. The transfer will be initiated in accordance with the timeframes outlined in Annex Band just far enough in advance of the judicial review of parole ineligibility hearing to ensure proper preparation for his/her case with legal counsel. This will take into account the possibility that the inmate may already have engaged legal counsel prior to the anticipated transfer.

76. The procedures outlined for intra-regional and inter-regional transfers will apply to judicial review of parole ineligibility.

77. In the absence of a court order, and with the exception of cases at the Special Handling Unit, the Institutional Head may authorize the transfer of an inmate to another penitentiary or to a provincial

correctional facility where the transfer is necessary to facilitate the inmate's attendance at a court proceeding.

78. Depending on the length of time an inmate has been in an institution other than his/her parent institution due to court matters, the respective Institutional Heads will discuss the responsibility of case preparation and the necessity for transfer.

Transfers of High Profile Inmates

79. If it is determined that the proposed transfer is likely to generate significant public interest, a High Profile Memo will be completed as per CD 701 - Information Sharing.

In document Personalities in Corrections (Page 57-64)