Parliamentary Committee Notes: Legislative Requirements on Transfers
Issue
Following the high profile transfer of an inmate from a maximum-security to a medium-security institution, the processes which guide transfers have been the subject of criticism and calls for reform.
Proposed Response:
- The purpose of the federal correctional system is to carry out a sentence safely and humanely, to protect society, and to assist in the rehabilitation of offenders and their safe reintegration. The protection of society, however, remains the paramount consideration.
- Under the current legislative framework (i.e. Corrections and Conditional Release Act or CCRA), federal inmates are to be classified as maximum, medium or minimum security, and are placed or transferred to a federal institution accordingly.
- Classification decisions occur following a thorough assessment of an inmate’s case-specific factors and individual risk.
- The nature and circumstances of an inmate’s offence, their status as a dangerous offender, and their risk to public safety or risk to escape are all factors considered in this assessment.
- However, the classification of an inmate as maximum-security is not intended by the legislation to constitute an act of further denunciation or punishment. Rather, it occurs when a professional assessment deems it is a necessary measure in order to keep staff, other inmates and the public safe.
- It is important to understand that a medium-security institution has the same perimeter security safeguards as a maximum-security prison but allows for more interaction among offenders.
Background
Purpose of the Federal Correctional System
The purpose of the federal correctional system is to contribute to the maintenance of a just, peaceful and safe society by carrying out a sentence imposed by the court safely and humanely, and by assisting in the rehabilitation of offenders and their safe community reintegration. The CCRA stipulates that the “protection of society” is the “paramount consideration” in processes and decisions. In essence, the correctional system exists to simultaneously protect public safety while also effectively rehabilitating and safely reintegrating offenders. The CCRA also states that the guiding principles to achieve this purpose include use of “the least restrictive measures consistent with the protection of society, staff members and offenders.”
Security Classification Process and Considerations
The decision to classify inmates at a particular level occurs following a thorough assessment of the offender’s case-specific factors, and is the product of a number of criteria and considerations pursuant to both the CCRA and the Corrections and Conditional Release Regulations (CCRR). In particular, s. 28 of the CCRA currently states that, “if a person is or is to be confined in a penitentiary, the Service shall take all reasonable steps to ensure that the penitentiary in which they are confined is one that provides them with the least restrictive environment for that person”. The Correctional Service of Canada (CSC) assigns a security classification to an inmate “in accordance with the regulations”. With respect to maximum-security offenders specifically, s. 18 of the CCRR states that “an inmate shall be classified as maximum security where the inmate is assessed by the Service as (i) presenting a high probability of escape and a high risk to the safety of the public in the event of escape, or (ii) requiring a high degree of supervision and control within the penitentiary (commonly referred to as institutional adjustment by CSC).”
The assessment of an inmate’s particular risk is the product of a number of objective factors, including the “seriousness of the offence” and criminal history. However, each factor is not individually determinative of security classification, but is instead considered in conjunction with other relevant, case-specific factors. For example, when an inmate’s security classification is reviewed, the categories of institutional adjustment, escape risk, and public safety risk are assessed, and ratings of low, moderate and high are assigned. In the category of public safety risk in particular, the nature and circumstances of an inmate’s offence and status as a dangerous offender are factors in an assessment, as is an inmate’s motivation, progress in following their correctional plan and addressing the underlying factors of their offending.
For most prisons, the highest level is maximum security, for inmates who pose a greater danger to the public, need more supervision, or have a higher propensity to try to escape. It is meant to be a temporary measure. Maximum-security institutions aim to prepare inmates for medium security. Of note, a medium-security institution has the same security safeguards as a maximum-security prison, but allows for more freedom of movement, interaction and privileges to encourage inmates to be more responsible for day-to-day life.
Re-assessment of Classification
After initial placement, CSC regularly re-assesses all inmates' security classification to ensure that they continue to be placed at the appropriate security level. The transfer of an offender to a lower security level depends on their progress against the objectives of their correctional plan and upon the assessment of the risk for public safety, escape risk and institutional adjustment. It is important to note that some inmates may never be classified as minimum security or return to the community on conditional release. Moreover, an inmate can be placed, or returned to, a higher security level if deemed necessary to ensure the safety of the public or federal institutions.
The process of reclassifying an inmate’s security level also implies the opportunity for an inmate to demonstrate progress and lower risk throughout their period of incarceration, which can subsequently inform assessments and could lead to a reduction in security level. An inmate’s ability to continually exhibit lower risk, good behaviour, and engagement in their correctional plan, to be reclassified to lower levels of security where gains can be further validated in a less structured environment, and to successfully complete temporary absences provides critical information when assessing risk and making decisions. In turn, this process can advance the objectives of effective rehabilitation and safe reintegration.
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