Strengthening Public Safety A Roadmap to CSC Review Panel Safer Communities

Strengthening Public Safety A Roadmap to CSC Review Panel Safer Communities
CSC Review Panel
Safer Communities
October 2007
REPORT OF THE CORRECTIONAL
SERVICE OF CANADA REVIEW PANEL
A Roadmap to
Strengthening Public Safety
Report of the Correctional Service of Canada Review Panel, October 2007
© Minister of Public Works and Government Services Canada 2007
Paper Version:
Cat. No. PS84-14/2007E
ISBN 978-0-662-47313-8
PDF Version:
Cat. No. PS84-14/2007E-PDF
ISBN 978-0-662-47314-5
Internet: www.publicsafety.gc.ca
Cover photos are the work of Bill Rankin, Deborah Reid and Loran Phillips.
We thank them for their generous contribution.
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Contains 20% recycled content.
October 31, 2007
The Honourable Stockwell Day
Minister of Public Safety
Dear Minister,
I have the honour of submitting on behalf of the CSC Review Panel, a report which
reviews, as mandated, the Correctional Service of Canada’s (CSC) operational priorities,
strategies and business plans. This report is an independent assessment of CSC’s
contributions to public safety and also includes advice on how the Panel believes the
current federal correctional system can be improved.
I would like to extend my deep appreciation and thanks to each of the Panel members for
their individual expertise and backgrounds, which contributed to the richness of
discussions and the wholeness of this report.
Throughout the past six months of this review, we have gained further knowledge and
insight about the federal correctional system, thanks to the openness and accessibility of
CSC, from frontline staff and unions to managers and executive staff. Also, the CSC
Review Panel Secretariat appointed to support and facilitate the operations of this review
deserve our heartfelt thanks for their insight and advice throughout this review process.
The Panel believes that this review provides a realistic roadmap for Canada’s federal
correctional system to address the very real immediate needs now facing CSC; and to
prepare the system for new challenges anticipated in the future. We strongly believe that
if all of the recommendations in this report are supported and implemented, the safety of
Canadians will be further enhanced.
Respectfully submitted,
Rob Sampson
Chair
CSC Review Panel
Table of Contents
A. Executive Summary ..................................................................................................... iii
B. Background ................................................................................................................... 1
(a)
(b)
(c)
(d)
(e)
(f)
Historical Perspective .......................................................................................... 1
Crime in Canada................................................................................................... 1
Changing Offender Profile................................................................................... 3
CSC’s Legislative Framework ............................................................................. 5
CSC and the Criminal Justice System.................................................................. 9
CSC’s Key Priorities.......................................................................................... 11
C. Refocusing the CCRA.................................................................................................. 13
(a)
(b)
(c)
The CSC Mandate.............................................................................................. 13
Offender Accountability .................................................................................... 15
Principles of the Act........................................................................................... 15
INSIDE THE WALLS...................................................................................................... 19
D. The Current Environment ........................................................................................... 20
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Population Management .................................................................................... 20
Safety and Security ............................................................................................ 26
Assessment and Correctional Interventions ....................................................... 33
Education ........................................................................................................... 41
Work—Employability and Employment ........................................................... 44
Managing Distinct Populations.......................................................................... 49
Roadmap for Change—Change in Operating Model......................................... 56
TRANSITION TO THE COMMUNITY ....................................................................... 106
(a)
(b)
Comprehensive Community Reintegration Planning ...................................... 106
Earned Parole ................................................................................................... 107
OUTSIDE THE WALLS................................................................................................ 120
(a)
Community Corrections................................................................................... 120
RECOGNIZING THE ROLE OF VICTIMS—PROVIDING VICTIM SERVICES .... 140
HUMAN RESOURCE MANAGEMENT—RESPONDING TO CHANGE
AND NEED .................................................................................................................... 144
i
ACCOUNTABILITY—MEASURING PERFORMANCE........................................... 149
(a)
(b)
(c)
How does CSC currently measure performance? ............................................ 149
Gaps in Measurement Strategy ........................................................................ 150
Public Education .............................................................................................. 151
PHYSICAL INFRASTRUCTURE—YESTERDAY’S INFRASTRUCTURE
DOES NOT MEET TODAY’S NEEDS......................................................................... 153
(a)
(b)
(c)
(d)
Age of Current Facilities.................................................................................. 154
Challenge of Multiple Offender Subpopulations ............................................. 154
Separate and Discrete Facilities ....................................................................... 156
Proposed Regional Complexes ........................................................................ 157
FINANCIAL MANAGEMENT ..................................................................................... 161
(a)
(b)
(c)
General Comments........................................................................................... 161
Capital .............................................................................................................. 161
Operating.......................................................................................................... 164
OTHER CONSIDERATIONS........................................................................................ 168
(a)
(b)
(c)
Frivolous and Vexatious Grievances by Offenders ......................................... 168
Initial Placement of Offenders Convicted of First and
Second Degree Murder .................................................................................... 168
Collection of DNA Samples ............................................................................ 170
Appendix A: Federal Penitentiaries by Region and Security Level ............................... 171
Appendix B: Offender Program Outcomes..................................................................... 173
Appendix C: Outcomes of CSC Educational Programs ................................................. 174
Appendix D: CSC Program Outcomes ........................................................................... 175
Appendix E: Statistics on Reoffending........................................................................... 176
Appendix F: Deloitte and Touche Report ....................................................................... 179
Appendix G: The CSC Review Panel............................................................................. 207
Appendix H: Review Process ......................................................................................... 213
Appendix I: List of Recommendations ........................................................................... 215
Appendix J: Summary of Presenters (Written and Oral) ................................................ 236
Appendix K: Correctional Facilities Visited by the Panel.............................................. 240
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Report of the Correctional Service of Canada Review Panel
A.
Executive Summary
Introduction
On April 20th, The Honourable Stockwell Day, Minister of Public Safety, announced the
appointment of an independent panel to review the operations of Correctional Service
Canada (CSC), as part of the government’s commitment to protecting Canadian families
and communities.
Mr. Rob Sampson, former Minister of Corrections for the Ontario Government, Chaired
the Panel and was joined by four additional panel members with expertise in public
policy and public safety. Members of the panel are Serge Gascon; Ian Glen; Chief
Clarence Louie; and Sharon Rosenfeldt.
The Panel was mandated to provide the Minister of Public Safety with advice on:
•
The availability and effectiveness of rehabilitation programming and support
mechanisms in institutions and in the community post release, including the impact
on recidivism and any legal framework issues;
•
The availability and effectiveness of programs and services for Aboriginal offenders;
•
Review the recommendations made in the report Moving Forward with Women’s
Corrections;
•
The availability and effectiveness of mental health programs and services in
institutions and in communities;
•
The availability and effectiveness of work programs, including impact on recidivism;
•
The initial placement of offenders convicted of first and second degree murder;
•
CSC’s approach to the location of its Community Correctional Centres and Parole
Offices in urban areas;
•
CSC’s ability to deal with parole violations, and with frivolous and vexatious
grievances by offenders;
•
CSC’s plans to enhance services for and support to victims;
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A Roadmap to Strengthening Public Safety
•
CSC’s efficiency in delivering on its public safety mandate—identifying barriers and
opportunities for savings including through physical plant re-alignment and
infrastructure renewal;
•
CSC’s operational priorities, strategies and plans as defined in its business plan;
•
Current challenges with respect to safety and security in institutions, including those
related to reducing illicit drugs and combating violence, and requirements for the
future; and
•
CSC’s capacity to deliver, including its capacity to address infrastructure rust out,
maintain basic safety and security in institutions and communities, meet its basic
policy and legal obligations; and adapt to the changing offender profile.
The Panel was not mandated to consider the introduction of privately-run penitentiaries
into the federal correctional system.
Panel—Process of Consultation
Throughout the spring and summer, the Panel visited penitentiaries, parole offices and
halfway houses across Canada and met with hundreds of frontline staff and managers,
union representatives and CSC Executives to see first-hand the operations of federal
corrections in Canada.
The Panel also met with non-governmental organizations such as St. Leonard’s and
Elizabeth Fry who work hand-in-hand with CSC to provide services and, in some cases,
accommodation, to federal offenders on conditional release. In a variety of sites, the
Panel also met with volunteers who have dedicated their time and energy to working with
offenders, both during incarceration and in our communities.
Lastly, the Panel also received written submissions from key stakeholders and interested
Canadians and met with many in person to discuss the challenges and possible solutions
facing federal corrections.
The first observation that the Panel wishes to make is to express our appreciation for the
hard work and professionalism of CSC staff, NGOs and volunteers that remains largely
unseen by Canadians.
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Report of the Correctional Service of Canada Review Panel
Current Correctional Context
After much deliberation, the Panel believes that this Report charts a roadmap that is a
transformation of the way in which CSC does business. This is driven in large part due
to the changing offender profile. The picture of who is arriving at penitentiary doors is an
alarming one:
•
Nearly 60% are now serving sentences of less than 3 years and have histories of
violence;
•
There has been an increase of more than 100% in the proportion of offenders who are
classified as maximum security upon admission;
•
1 in 6 now have known gang and/or organized crime affiliations;
•
About 4 out of 5 offenders arrive with a serious substance abuse problem, with 1 out
of 2 having committed their crime while under the influence; and
•
12% of men offenders and 26% of women offenders are identified as having a very
serious mental health problem.
What this profile means is that CSC is now faced with an offender population that is
more violent and requires either more interventions or possibly different types of
intervention and this must be done in an even shorter timeframe than in the past.
CSC is to be commended for its efforts to rehabilitate offenders but it continues to face
resistance from a portion of offenders who have no interest in rehabilitation and are
content to “wait out” the system until they reach statutory release (automatic release at
2/3rd of sentence). It is the belief of the Panel that life inside a penitentiary should
promote a positive work ethic. Today, an offender working hard at rehabilitation is
often treated no differently than an offender who is seeking only to continue his
criminal lifestyle.
CSC is also faced with severe challenges in safely housing today’s offender
population in antiquated penitentiaries. Many of the federal penitentiaries in existence
today were built in the 1800s and early 1900s. Newer penitentiaries that were built in the
mid-1900s reflect the correctional management philosophy of that era which assumed
that all inmates could function as a homogenous group. It is not uncommon today to find
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A Roadmap to Strengthening Public Safety
4 or 5 distinct sub-populations that cannot safely intermingle and 2 or 3 groups of
offenders who have to be physically separated from other populations for their own
safety, either through the use of segregation or special units. Over the past 10 years CSC
has been facing capital and operating expenditure pressures. The rapid increase in
demands for operational enhancements has caused CSC to make significant reallocations
of its capital monies to the detriment of addressing the needs of its aging physical
infrastructure. The Panel believes that this situation has to be addressed to provide the
best cost-effective approach to addressing physical plant pressures without jeopardizing
CSC’s ability to fund its operating requirements.
The Panel is particularly concerned about the safety of front-line staff and we are of
the opinion that they require more tools and training. Some of the most critical areas
involve:
•
the detection and prevention of illicit drugs entering penitentiaries;
•
training on working with offenders with mental health issues; and
•
motivational training for treatment-resistant offenders.
The Panel also notes with some alarm the significant reality facing CSC is that more than
40% of its staff could leave within the next three years, with a significant percentage of
this group coming from the senior management ranks.
Finally, the Panel would like to commend CSC for its progress in providing quality
services to victims. The Panel has concluded that the elements of the National Victim
Services Program are sound and should result in even greater enhancement of the
provision of information services to victims of crime.
Roadmap for the Future
The Panel believes that if the following five (5) key areas are strengthened, the
Correctional Service of Canada will be in a position to offer greater public safety results
to Canadians.
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Report of the Correctional Service of Canada Review Panel
1.
Offender Accountability
The rehabilitation mandate of CSC is not seen by the Panel as a one-way commitment.
The Panel believes that if rehabilitation is to occur and truly be sustained, it must be
a shared responsibility of CSC and the offender.
First and foremost, it is the responsibility of CSC to provide the opportunities and tools
necessary to the offender—to provide the offender with ample opportunity to learn the
skills required to correct behaviour. However, to change his or her behaviour, the
offender must seize opportunities offered to change—to pick up the tools of
rehabilitation and use them.
The Corrections and Conditional Release Act (CCRA)—which provides legal direction
for CSC—is highly prescriptive in how CSC should operate—what it can and cannot do.
In the view of the Panel, the Principles in the CCRA have to be strengthened to further
emphasize offender responsibility and accountability.
2.
Eliminating Drugs from Prison
It is not surprising that drug abuse and trafficking is an issue within the penitentiary walls
given that about 4 out of 5 offenders now arrive at a federal penitentiary with a serious
substance abuse problem. The current offender population is one that will look to find
every vulnerability in CSC’s security systems to introduce drugs into the penitentiary.
The Panel believes the presence of illicit drugs in a federal penitentiary is not only
unacceptable but results in a dangerous environment for staff and offenders. This
translates into assaults against offenders and staff, promotes transmittable diseases such
as HIV/AIDS and Hepatitis and destroys hope of providing a safe and secure
environment where offenders can focus on rehabilitation.
The Panel is recommending that CSC strengthen its interdiction initiatives on all fronts:
•
Enhanced perimeter control
•
Increased use of technology
•
More drug detector dogs
•
Better search of vehicles and individuals entering the penitentiary
•
Intelligence gathering and sharing
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A Roadmap to Strengthening Public Safety
3.
Employability/employment
A current snapshot of the employment needs of the federal prison population taken at
intake assessment identified that more than 70% of offenders at admission had
unstable work histories; more than 70% had not completed high school and more
than 60% had no trade or skill knowledge.
The Panel notes that employment, as a priority program, has been eclipsed over the past
decades with the advent and wide development and distribution of programs designed to
address other core need areas (e.g., substance abuse and violence).
CSC staff has spoken repeatedly to the Panel about the need to enhance both the quantity
and quality of work opportunities available in penitentiaries, there is a need to move from
employing large numbers of offenders in general maintenance jobs to providing more
meaningful skills development to prepare the offender for employment upon release.
Without the means to earn a living upon release, an offender’s rehabilitation is
jeopardized. The Panel is therefore recommending that a more structured work day be
implemented to allow for the proper allocation between work, education and correctional
programs.
4.
Physical Infrastructure
The Panel has heard from CSC how the shortcomings mentioned earlier could be
addressed through the development, design and implementation of regional complexes
across the country and moving away from a facility development approach that relies on
stand-alone facilities.
A significant advantage of employing a regional complex design is the ability to reinforce
an overall correctional management model that stresses the accountabilities of offenders
to follow their correctional plans. No longer would CSC have to keep moving offenders
between facilities within a province or across the country. Offenders would, as a norm, be
maintained and managed within the complex but their overall location within the
complex would be dictated by their motivation and participation against their correctional
plans.
The Panel also sees the potential for being more effective in eradicating drugs from
entering a complex. With four or five penitentiaries within one perimeter, CSC could
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Report of the Correctional Service of Canada Review Panel
invest in relatively sophisticated equipment to screen not only people but also vehicles
entering the compound. Also, drug detector dogs could be used much more effectively as
well.
A regional complex would also provide an opportunity to deal more effectively and
efficiently with distinct segments of the population. For example, offenders who require
ongoing assistance for physical health care needs could be housed in regional health care
units thus avoiding expensive costs associated with prolonged stays in community
hospitals. As well offenders with mental health care needs would have better access to
services that are located in one facility and not thinly spread out over several
penitentiaries.
This design would also provide an opportunity to more consistently address problems
associated with having segregation units in every maximum and medium security
penitentiary across the country. A common segregation unit within a complex would
provide a more consistent approach to managing the behavioural problems that a small
segment of the offender population presents on a regular basis. Common approaches by
properly trained staff could provide a safer and more effective alternative to the smaller
segregation units which are not staffed properly to motivate offenders to modify their
behaviours in a positive way.
5.
Eliminating Statutory Release; Moving to Earned Parole
Conditional release of offenders has been a cornerstone of Canadian corrections for many
years and the Panel is supportive of that concept. As stated earlier, rehabilitation must be
a shared accountability and the offender must work to address his/her risks and needs.
Mirroring Canadian society—earning your own way—should be a core concept of
life inside penitentiaries.
The Panel believes that any arbitrary release that is not made based on rehabilitation is
counter-productive and, when aggravated by shorter sentences, reduces public safety.
This has been demonstrated by the fact that most of the violent re-offending by federal
offenders is done by those on statutory release. To improve public safety and re-orient
the correctional system to a system that places true accountability on offenders is to
require offenders to earn their way back to their home communities and demonstrate to
the National Parole Board that they have changed and are capable of living as lawabiding citizens.
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A Roadmap to Strengthening Public Safety
The Panel is concerned that approximately 40% of statutory releases are not successfully
completed, with 30% of these releases revoked for breach of conditions, and 10% for new
offences and that violent re-offending rates are three times higher for statutory releases
versus parole releases. The potential for increased risk as a result of the changing profile
of the federal population points to the need for change.
Poor program participation and completion rates point to a growing problem associated
with offender motivation to participate in correctional interventions. The Panel is of the
opinion that presumptive release is a key disincentive to offender accountability and
is therefore recommending that Statutory Release and Accelerated Parole Review
be abolished and replaced with an earned parole system.
Elimination of Statutory Release and Accelerated Parole Review, supported by
significant enhancements to programs that engage and support offenders, particularly
high-risk offenders, in making behavioural changes is key to improving conditional
release outcomes.
The report contains 109 recommendations which supplement the five major areas to be
strengthened discussed above. Each section begins with a discussion of the current
situation, followed by the Panel’s observations and recommendations for change.
Topics range in complexity so it is important to consider the context and interrelationships of recommendations as the Canadian federal correctional system, given its
intricacies.
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Report of the Correctional Service of Canada Review Panel
B.
Background
In this section of the report, we will provide a brief historical perspective of the Act
governing CSC; a brief outline of crime in Canada; a description of the changing
offender profile; CSC’s current legislative framework; CSC’s role in the criminal justice
system, and CSC’s key priorities. This background information summarizes key
information that positions the observations the Panel will be making throughout the
report.
(a)
Historical Perspective
All Canadians have the right to live in safe communities. Threats to that right should be
addressed swiftly and effectively by the criminal justice system. The federal correctional
system is a critical component of that response.
Much has changed in Canada’s criminal justice system since 1992, when the Corrections
and Conditional Release Act (CCRA), the statute that governs The Correctional Service
of Canada (CSC), received Royal Assent. In the intervening 15 years, the nature and size
of the federal offender population has steadily changed. The CCRA and CSC’s mandate
were designed to meet the challenges that the criminal justice system faced in the late
1980s. The Panel has concluded that the principles of the CCRA do not address the
current and future challenges facing CSC.
(b)
Crime in Canada
In a July 2007 report,1 the Canadian Centre for Justice Statistics noted that in 2006 the
national crime rate reached its lowest point in over 25 years. This decrease was driven by
declines in non-violent crimes, primarily counterfeiting, thefts under $5,000 and breakins. These crimes do not usually result in a federal sentence of two years or more.
1
Statistics Canada. Crime Statistics in Canada, 2006, Juristat, Catalogue no. 85-002-XIE, Vol. 27, no. 5,
July 2007.
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A Roadmap to Strengthening Public Safety
The overall violent crime rate remained relatively stable in 2006, primarily because the
rate of minor assaults, which account for about 60% of violent crime, remained stable.
However, many other serious violent crimes increased in 2006:
•
murders increased for the second consecutive year to 852, 30 more than the previous
year;
•
aggravated assaults, the most serious form of assault, were up 5%, also the second
consecutive increase;
•
assault with a weapon or assault causing bodily harm increased for the seventh
consecutive year, up 4%; this was the highest rate since the offence was introduced
into the Criminal Code in 1983;
•
robberies increased for the second year in a row, up 6%;
•
robberies involving firearms rose 4% and accounted for approximately 1 in 8
robberies;
•
kidnapping/forcible confinement continued to increase; over the past 20 years, the
number of incidents reported to police has increased sevenfold, from about 500 in the
mid-1980s to over 4,000 in 2006;
•
youth crime increased by 3%, the first increase since 2003; the rate of youths accused
of homicide was the highest since 1961; and
•
drug crimes increased 2%; cannabis offences, which continued to account for
approximately 60% of all drug offences, were down 4%, but cocaine offences were
up 13% and offences related to other drugs, including crystal methadone, rose 8%.
A recent Statistics Canada study found that crime is not necessarily a problem only in
large urban areas.2 Small urban areas in Canada were found to have higher overall policereported crime rates in 2005 than large urban areas (defined as Census Metropolitan
Areas or CMAs) and rural areas, and homicide rates in rural areas were consistently high.
However, CMAs reported the highest rates for both robbery and motor vehicle theft. In
2
Statistics Canada, June 2007. A Comparison of Large Urban, Small Urban and Rural Crime Rates, 2005,
Juristat, Catalogue no. 85-002-XIE. [vol. 27 no.3]
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Report of the Correctional Service of Canada Review Panel
particular, robbery rates in CMAs were more than double those of small urban areas and
almost 10 times higher than those of rural areas.
(c)
Changing Offender Profile
To understand crime in Canada, it is important to understand the series of developments
in the last 15 years that have gradually transformed the federal offender population
profile. These include:
•
the amendments to the Criminal Code that provide options to the courts for
first-time, non-violent offenders;
•
the introduction of conditional sentences for certain types of offences;
•
the strengthening of laws to combat organized crime and gangs;
•
the toughening of laws for child sex offenders;
•
the closure of provincial mental health facilities; and
•
the Supreme Court decision (R v. Wust (2000) 1 S.C.R. 455) that reduced
sentences for time served while on remand status.
While these factors have contributed to a 12% decrease in the men offender population
since 1997, they have also created many new challenges for CSC in implementing its
mandate.
In a speech to the International Corrections and Prisons Association (ICPA) on
October 23, 2006, CSC Commissioner Keith Coulter articulated the nature and gravity of
these new challenges:
Our offenders have more and more extensive histories of involvement with
the court system—roughly 9 out of 10 now have previous criminal
convictions.
Our offenders also have more extensive histories of violence and violent
offences in their criminal history, and far more are assessed as violenceprone, hostile, impulsive and aggressive.
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A Roadmap to Strengthening Public Safety
There has been an increase of more than 100% in the proportion of
offenders who are classified as maximum security on admission—13% are
now classified at this level on admission.
An increase of 33% has occurred in the proportion of offenders with gang
and/or organized crime affiliations—one in six male, and one in ten female
offenders now have known affiliations.
The proportion of offenders serving sentences for homicide has increased by
14%—it now stands at more than one in four male offenders.
The percentage of male offenders has increased by 71%, with an increase of
67% in female offenders identified at admission as having very serious
mental health problems—12% of the male and 26% of the female offender
populations have this designation.
About four out of five offenders now arrive at a federal institution with a
serious substance abuse problem, with one out of two having committed
their crime under the influence of drugs, alcohol or other intoxicants.
There is a trend to shorter sentences here in Canada. This has meant an
increase of 62% in the proportion of male offender admissions serving a
sentence of less than three years.3
This dramatic change in the profile of the average federal offender means that CSC now
has an offender population that is more violent and requires either more interventions
or different types of interventions, which must be provided in an even shorter
timeframe.
Furthermore, many offenders need to learn how to live as law-abiding citizens for the
first time, as they have failed to learn the skills required to be productive members of
society. The reasons for this vary. Many have failed throughout their lives, beginning in
elementary school, and have subsequently moved through the juvenile justice system, the
3
“Canadian Corrections: Current Complexities,” CSC Commissioner Keith Coulter, International
Corrections and Prisons Association Conference, October 23, 2006, Vancouver, BC, (http://www.cscscc.gc.ca/text/speeches/commish/icpa_2006_e.shtml)
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Report of the Correctional Service of Canada Review Panel
provincial adult correctional system, and in many cases, the mental health system. The
reality is that many offenders entering a federal penitentiary are addressing their
behaviours for the first time ever. While core programs in the past could focus on
criminogenic needs, today’s offender has to learn basic living and employability skills,
and also address addiction and criminogenic needs.
(d)
CSC’s Legislative Framework
The Corrections and Conditional Release Act (CCRA) came into force in 1992,
replacing the Penitentiary and Parole Act with a modern, comprehensive framework for
corrections and conditional release that makes clear that public protection is the
paramount consideration in all decisions relating to the incarceration and release of
offenders. Also, for the first time, victims of crime were formally recognized in the
federal corrections and parole process.
The Act laid out a dual mandate for CSC as follows:
3. the purpose of the federal correctional system is to contribute to the
maintenance of a just, peaceful and safe society by:
(a) carrying out sentences imposed by courts through the safe and humane
custody and supervision of offenders, and
(b) assisting the rehabilitation of offenders and their reintegration into the
community as law-abiding citizens through the provision of programs in
penitentiaries and in the community.
To better define this dual mandate, the Act defined the mandate of CSC in the form of
guiding principles, as follows:
4. the principles that shall guide the Service in achieving the purpose referred
to in Section 3 are:
(a) that the protection of society be the paramount consideration in the
corrections process;
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A Roadmap to Strengthening Public Safety
(b) that the sentence be carried out having regard to all relevant available
information, including the stated reasons and recommendations of the
sentencing judge, other information from the trial or sentencing process, the
release policies of, and any comments from, the National Parole Board, and
information obtained from victims and offenders;
(c) that the Service enhance its effectiveness and openness through the timely
exchange of relevant information with other components of the criminal
justice system, and through communication about its correctional policies
and programs to offenders, victims and the public;
(d) that the Service use the least restrictive measures consistent with the
protection of the public, staff members and offenders;
(e) that offenders retain the rights and privileges of all members of society,
except those rights and privileges that are necessarily removed or restricted
as a consequence of the sentence;
(f) that the Service facilitate the involvement of members of the public in
matters relating to the operations of the Service;
(g) that correctional decisions be made in a forthright and fair manner, with
access by the offender to an effective grievance procedure;
(h) that correctional policies, programs and practices respect gender, ethnic,
cultural and linguistic differences and be responsive to the special needs of
women and aboriginal peoples, as well as to the needs of other groups of
offenders with special requirements;
(i) that offenders are expected to obey penitentiary rules and conditions
governing temporary absence, work release, parole and statutory release,
and to actively participate in programs designed to promote their
rehabilitation and reintegration; and
(j) that staff members be properly selected and trained, and be given
(i)
appropriate career development opportunities,
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Report of the Correctional Service of Canada Review Panel
(ii)
good working conditions, including a workplace environment that is
free of practices that undermine a person’s sense of personal dignity,
and
(iii) opportunities to participate in the development of correctional
policies and programs.
A Work In Progress: The Five-Year Review of the Act
In accordance with Section 233 of the CCRA, which stipulates that a parliamentary
committee conduct a comprehensive review of the provisions and operations of the Act
after five years, in March 1998, the Solicitor General released a consultation paper
entitled Towards a Just, Peaceful and Safe Society: the Corrections and Conditional
Release Act Five Years Later. As part of the Department’s consultation process this paper
and a series of technical studies that followed were distributed widely and made available
on the Internet, and the Solicitor General appeared before the Standing Committee of
Justice and Human Rights in May 1998. A summary of the responses to the consultation
paper was released in October 1998 by the Department of the Solicitor General.
The Standing Committee on Justice and Human Rights established the Sub-committee on
Corrections and Conditional Release in November 1998 and gave it the mandate to
conduct a review of the CCRA. The report, A Work in Progress: The Corrections and
Conditional Release Act,4 which was delivered in May 2000, emphasized that the
corrections and conditional release system could be significantly improved without
drastically altering the fundamentals of the correctional system.
The following themes emerged from the report’s 53 recommendations:
•
community safety must always be the paramount consideration in all decisions made
at every stage of the corrections and conditional release system;
•
to achieve community safety, the corrections and conditional release system must
continue to have as its primary goal the safe rehabilitation and reintegration of
offenders as productive, law-abiding members of the community;
4
http://cmte.parl.gc.ca/cmte/CommitteePublication.aspx?COM=162&Lang=1&SourceId=185038
7
A Roadmap to Strengthening Public Safety
•
the corrections and conditional release system should take every step possible to
ensure that offenders actively participate in this process;
•
because sentence management takes place in the context of the rule of law and the
duty to act fairly where offenders’ rights are constrained (but not nullified) by the
correctional environment, decisions are to be made fairly and equitably by corrections
and conditional release authorities;
•
the corrections and conditional release system must reach out to Canadians to give
them the opportunity to be involved in its operations; and
•
the corrections and conditional release system put into place by Parliament in 1992 is
still in transition, which is readily apparent in the physical contrast between older
correctional institutions and those constructed more recently.
In its October 2000 response to the Sub-committee’s report,5 the Government indicated
that action would be taken on 46 of the recommendations in the report.
5
http://ww2.ps-sp.gc.ca/publications/corrections/ccra/CcraOct2000_e.asp
8
Report of the Correctional Service of Canada Review Panel
(e)
CSC and the Criminal Justice System
The chart below describes the movement of an offender through Canada’s criminal
justice system from the time of arrest to the end of the sentence.
Criminal
Criminal JJustice
ustice System
System
Offenders come from the community ….
Offences
OffencesReported
Reported
to
toPolice
Police
Trial
Trial and
and
Conviction
Convictionby
by
Judge/
Judge/Jury
Juryor
or
Judge
JudgeAlone
Alone––
Superior,
Superior,
Provincial
Provincial or
or
County
CountyCourt
Court
Sentencing
Sentencing
Hearing
Hearing
Absolute / Conditional Discharge
Suspended Sentence
Probation
Conditional Sentence
Fine/ Forfeiture
Restitution
INCARCERATION
LongLong-term Supervision Order (LTSO)
Charges may be
Withdrawn,
Stayed, or
Result in
Acquittal
Federal
Federal
Penitentiary
Penitentiary
(2
(2 years
yearsand
andover)
over)
Custody
Custodyand
and
Rehabilitation
Rehabilitation
Provincial
Provincial
Prison
Prison
(under
(under22 years)
years)
NPB
NPBDecision
Decision
to
toRelease,
Release, or
or
Statutory
Statutory
Release
Release
Community
Community
Supervision
Supervision
End
Endof
of Sentence
Sentence
LTSO’s
LTSO’s
…. and offenders return to the community
The Correctional Service of Canada (CSC), an agency within the public safety portfolio,
is responsible for administering court-imposed sentences of two years or more. This
includes both the custodial and community supervision components of an offender’s
sentence. CSC also administers the post-sentence supervision of offenders with LongTerm Supervision Orders for up to 10 years, and in some provinces CSC supervises
provincial offenders on conditional release.
At the end of 2006–07, CSC was responsible for approximately 13,200 federally
incarcerated offenders (excluding 1,100 offenders temporarily detained, who had been on
conditional release to the community) and 6,900 offenders actively supervised in the
9
A Roadmap to Strengthening Public Safety
community. During 2006–07, CSC managed 19,500
incarcerated offenders and 16,400 supervised offenders,
including all admissions and releases.
CSC has a presence from coast to coast, managing
penitentiaries, mental health treatment centres,
Aboriginal healing lodges, community correctional
centres, community residential facilities and parole
offices. In addition, CSC also manages an addictions
research centre, a correctional management learning
centre, regional staff colleges, five regional
headquarters and a national headquarters.
FEDERALLY
MANAGED
FACILITIES
•
58 penitentiaries
•
16 community
correctional centres
•
71 parole offices
•
4 Aboriginal healing
lodges
CORCAN, a special operating agency of CSC, provides training in work and
employability skills to offenders in penitentiaries to enhance their job readiness upon
release. CORCAN also offers support services at 37 community-based employment
locations across Canada to help offenders on conditional release secure employment.
CORCAN’s services are provided through partnership contracts with CSC, other
government organizations, non-governmental organizations and private enterprises.
CSC employs approximately 14,500 staff across the
WORK FORCE
country. Slightly more than 5% are from visible
minority groups, approximately 4% are persons with Approximately 14,500
employees, of whom 87%
disabilities, and approximately 7% are Aboriginal. work in penitentiaries and
These rates are at or above the labour market communities.
availability of workers in these operational groups for
the types of employment offered by CSC. Just under 45% of CSC staff are women.
Two occupational groups, for the most part exclusive to CSC, represent over half of all
staff employed in operational units. The correctional officer group makes up 43% of
staff, while another 14% of staff is in the WP category, which includes parole and
program officers who work in the institutions and in the community. The remainder of
CSC’s work force reflects the variety of skills required to operate penitentiaries and
community offices—health professionals, electricians, food service staff, and staff who
provide corporate and administrative functions at the local, regional and national levels.
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Report of the Correctional Service of Canada Review Panel
CSC managed a budget of approximately $1.709 billion in 2006–07. Approximately 72%
of CSC’s budget was allocated to the care and custody of offenders in penitentiaries and
in communities. The budget includes fixed and semi-fixed costs, such as security
systems, correctional staff salaries, facilities maintenance and food. The remaining 28%
was allocated to rehabilitation and case management services.
(f)
CSC’s Key Priorities
In 2006–07, CSC undertook a comprehensive process to identify new priorities in
response to the changing offender profile, the significance of public safety and the
Government’s emphasis on crime prevention. CSC deliberately limited the number of key
priorities and associated plans to ensure sustained management focus and results in these
areas. Five priorities were established:
•
Community Transition: Safe transition of eligible offenders into the community.
CSC continues to focus its efforts on minimizing violent reoffending by offenders
returning to the community. To assess performance in this area, CSC reports on the
percentage of federal offenders in communities convicted of or charged with violent
offences while under CSC supervision, and on the percentage of federal offenders
convicted of violent offences and returning to federal custody between two and five years
after their sentences. CSC also monitors and reports on non-violent reoffending.
•
Safe and Secure Institutions: Safety and security for staff and offenders in institutions.
CSC is committed to continuing efforts to prevent violent and assaultive behaviour. More
specifically, staff focuses on preventing the escalation of assaultive behaviour within
CSC institutions, which is measured by the rate of major security incidents, the rate of
assaults on staff and offenders, and the rate of injuries caused by offenders.
•
Aboriginal Offenders: Enhanced capacities to provide effective interventions for First
Nations, Métis and Inuit offenders.
This area remains a key CSC priority in order to maximize the results that can be
achieved with the resources provided. More specifically, CSC focuses on preventing a
further widening of the gap between Aboriginal and non-Aboriginal offenders. This is
measured by the percentage of Aboriginal federal offenders in communities convicted of,
11
A Roadmap to Strengthening Public Safety
or charged with, violent offences while under CSC supervision, and by the percentage of
Aboriginal federal offenders convicted of violent or non-violent offences and returning to
federal custody within two to five years.
•
Mental Health: Improved capacities to address mental health needs of offenders.
CSC focuses on improving correctional results for offenders with mental health disorders.
This is measured by the percentage of federal offenders with identified mental health
needs in communities convicted of or charged with a violent offence while under CSC
supervision. CSC also assesses performance by the percentage of federal offenders with
identified mental health needs convicted of violent or non-violent offences and returning
to custody within two years.
•
CSC’s Management Agenda: Strengthened management practices.
CSC aims to strengthen management practices, which are reflected in improved results in
harassment, staff grievances, respect, trust and accountability. These results will be
measured by future Public Service Employee Surveys. Through its recently approved
Ethics Index CSC also assesses performance improvements in the areas of ethics,
resources, integrity, fairness, inclusiveness of the workplace, and respect. In addition,
CSC reports on improvements in its management practices as measured by the annual
Management Accountability Framework assessments conducted by the Treasury Board
Secretariat.
12
Report of the Correctional Service of Canada Review Panel
C. Refocusing the CCRA
In the context of CSC’s current priorities, we explore CSC’s legislated mandate. We
consider what we believe is the key rehabilitative principle and recommend changes to
CCRA S.4 (Principles) to support an increased emphasis on offender accountability and
propose changing the principle of ‘least restrictive measures’ with the principle of
‘appropriate measures’ to support correctional plan implementation. We provide
recommended changes to CCRA Principles. The following chart provides an overview of
the key issues reviewed.
Refocusing
Refocusing the
the CCRA
CCRA
Current Priorities
Key Rehabilitation Principle
Safe Transition of Eligible
Offenders into the
Community
Shared Responsibility/ Accountability
to Reintegrate into Society
Strengthened
Strengthened
Management
Management Practices
Practices
Offender: correct behaviours
CSC –
provide opportunities
and tools
Safety and Security of
Staff and Offenders in
Institutions
Enhanced Capacities
to Provide Effective
Interventions for
First Nations, Métis
and Inuit Offenders
Improved Capacities
to Address
Mental Health Needs
Of Offenders
CCRA. Section 4 - Principles
Amendments
Focus on:
Offender Accountability
Legislated
Legislated Mandate
Mandate (CSC)
(CSC)
Control
Control and
and Assistance
Assistance
Move from “least
restrictive measures” to
“appropriate measures”
(a)
The CSC Mandate
The longstanding historical debate over crime, punishment, and the correctional system is
essentially a discussion of the extent to which punishment overshadows or is
overshadowed by efforts to correct criminal behaviour. This debate has taken place
politically and in academia.
13
A Roadmap to Strengthening Public Safety
On October 7, 1971, Solicitor General Jean Pierre Goyer announced in the House of
Commons the Government’s intention to stress rehabilitation of criminals even though it
posed a risk to the public. He went on to say that:
…too many Canadians…disregard the fact that the correctional process aims
at making the offender a useful and law-abiding citizen, and not any more an
individual alienated from society and in conflict with it... Consequently, we
have decided from now on to stress the rehabilitation of individuals rather
than protection of society.
This direction was not without controversy. Some view the correctional system as the
mechanism for the infliction of the punishment component of the sentence, but it is clear
to the Panel that the “punishment” and deterrent component of the Criminal Code’s
sentencing principles is achieved by the incarceration of the individual—the offender
goes to a penitentiary as punishment, not for punishment. The correctional system is
therefore responsible for implementing the rehabilitation principle as part of its overall
mandate to protect public safety, thereby linking CSC to the broader criminal justice
system in Canada.
To make it clear, the Panel has taken the position that an individual is sentenced to a
penitentiary as punishment and CSC delivers on that principle by admitting the individual
to one of its institutions and, within the limitations of the original sentence ordered by the
courts, holding that individual until it is determined that he or she can safely be returned
to society. CSC then imposes the various restrictions on the on the offender’s personal
liberty in order for the correctional system to deliver on the rehabilitation principle.
It was with this intent that legislators in 1992 created the legislative mandate of CSC,
which states:
3. The purpose of the federal correctional system is to contribute to the
maintenance of a just, peaceful and safe society by:
(a) carrying out sentences imposed by courts through the safe and humane
custody and supervision of offenders, and
14
Report of the Correctional Service of Canada Review Panel
(b) assisting the rehabilitation of offenders and their reintegration into the
community as law-abiding citizens through the provision of programs in
penitentiaries and in the community.
It is the view of the Panel that this mandate of control and assistance remains as relevant
in 2007 as it did in 1992, and will continue to serve the Service and the Canadian public
well into the future. However, the Act does not discuss the importance of the balance
between CSC’s responsibilities and the offender’s responsibilities.
(b)
Offender Accountability
The Panel does not view the rehabilitation mandate of CSC as a one-way commitment.
The foundation of the Panel’s philosophy is the belief that if rehabilitation is to occur
and truly be sustained, it must be shared between CSC and the offender.
First, it is CSC’s responsibility to provide the opportunities and tools necessary to the
offender—to provide the offender with ample opportunity to learn the skills required to
correct behaviour. However, to change their behaviour, offenders must seize those
opportunities, pick up the tools of rehabilitation and use them.
A fundamental principle of democracy is that individuals are responsible and must be
held accountable for their actions. This should be no different simply because an
individual is incarcerated. In fact, the Panel believes that it becomes even more important
for offenders to accept accountability for their criminal acts. They must learn that they
are responsible for their actions and are obligated to respect the rights and freedoms of
others in society.
The CCRA provides legislative direction for CSC, and is highly prescriptive in how CSC
should operate, and what it can and cannot do. But the Panel believes that the Act is weak
in defining offender responsibilities. The Panel believes that an offender’s responsibilities
have to be strengthened in the Act.
(c)
Principles of the Act
Section 4 of the CCRA provides principles to guide CSC in its administration of offender
sentences. The Panel is particularly concerned with Section 4(d) of the Act that states:
15
A Roadmap to Strengthening Public Safety
that the Service use the least restrictive measures consistent with the
protection of the public, staff members and offenders
The Panel believes that this principle has been emphasized too much by the staff and
management of CSC, and even by the courts in everyday decision-making about
offenders. As a result an imbalance has been created that places the onus on CSC to
justify why the least restrictive measures shouldn’t be used, rather than on offenders to
justify why they should have access to privileges based upon their performance under
their correctional plans. The Panel believes that this imbalance is detrimental to offender
responsibility and accountability. The Panel acknowledges that these measures should be
applied with respect to the Rule of Law.
RECOMMENDATIONS
1.
The Panel recommends that a substantive section be added to the CCRA entitled
“Offender Accountabilities” and that, at a minimum, it contain the following:
Offenders, as part of their commitment to society to change their behaviour and
in order to help protect society, must:
2.
a)
obey penitentiary rules as established by CSC;
b)
respect the authority of staff at all times; and
c)
actively participate in programs identified by CSC in their correctional
plans (e.g., education, work, correctional programs).
The Panel recommends that the following amendments be made to Section 4 of
the CCRA:
Note that the underlined text identifies the Panel’s recommended changes.
a)
that the protection of society be the paramount consideration in the
corrections process;
b)
that the sentence be carried out with regard to all relevant available
information, including the stated reasons and recommendations of the
16
Report of the Correctional Service of Canada Review Panel
sentencing judge, any direction provided by the Criminal Code on
conditions of confinement, other information from the trial or sentencing
process, the release policies of, and any comments from, the National
Parole Board, and information obtained from victims, offenders, and
other members of the criminal justice system;
c)
that the Service enhance its effectiveness and openness through the timely
exchange of relevant information with other components of the criminal
justice system, and through communication about its correctional policies
and programs to offenders, victims, the public, and other members of the
criminal justice system;
d)
that, in managing the offender populations in general and the individual
offenders, in particular, the Service use appropriate measures that will
ensure the protection of the public, staff members and offenders, and that
are consistent with the management of the offender’s correctional plan;
e)
that offenders retain the basic rights and privileges of all members of
society, except those rights and privileges that are necessarily removed or
restricted as a consequence of the sentence, or that are required in order
to encourage the offender to begin to and continue to engage in his or her
correctional plan;
f)
that the Service facilitate the involvement of members of the public in
matters relating to the operations of the Service;
g)
that correctional decisions be made in a forthright and fair manner, and
that offenders have access to an effective grievance procedure;
h)
that where possible, correctional policies, programs and practices respect
gender, ethnic, cultural and linguistic differences and be responsive to the
special needs of women and Aboriginal peoples, the needs of offenders
with special mental health requirements, and the needs of other groups of
offenders with special requirements;
i)
that offenders be expected to actively participate in their correctional
plans and in programs designed to promote their rehabilitation and safe
reintegration;
17
A Roadmap to Strengthening Public Safety
j)
that offenders be obligated to obey penitentiary rules and to respect the
authority and position of the staff, and any conditions governing their
release to the community; and
k)
that staff members be properly selected and trained, and be given:
(i)
appropriate career development opportunities,
(ii)
good working conditions, including a workplace environment that is
free of practices that undermine personal dignity, and
(iii) opportunities to participate in the development of correctional
policies and programs.
18
Report of the Correctional Service of Canada Review Panel
INSIDE THE WALLS
In this section, we examine the current correctional environment and identify several key
areas for consideration, including the importance of the offender’s correctional plan in
the rehabilitation/reintegration process, the interrelationships among key programs
(core, adult basic education, and employment), and planning for release to the
community. We focus on safety and security, population management, intake assessment
and correctional interventions. Related recommendations are found in the section
entitled “Roadmap for Change—Change in Operating Model.” The following chart
summarizes the key elements of the process an offender follows from intake assessment
through transition to the community and identifies the eleven issue areas that we
considered.
INSIDE
INSIDE THE
THEWALLS
WALLS –– Current
Current Focus
Focus
Inside
Inside the
the Walls
Walls
Admission
(1) Multiple Populations
(2) Administrative Segregation
(3) Assaultive/
Assaultive/ Threatening
Behaviour
Intake
Assessment
Transition
Transition
Parole Eligibility
APR/ Day Parole
(6) Disciplinary Process
(7) Illicit Drugs
(8) Infectious Diseases
Core
Core
Programs
Programs
CSC
Programming
Supervision
Intervention
Partners
Basic
Basic
Adult
Adult
Education
Education
Programming
Supervision
Intervention
CORCAN
CORCAN
Work
(9) Security Intelligence
(10) Searching at Entrances
(11) Perimeter Security
Multi-disciplinary Staff
Multi
Multi-disciplinary
Staff
Partnerships:
Full Parole/
Statutory Release
Release
Planning
Presumptive Release
Correctional
Correctional
Plan
Plan
(4) Assessment/ Correctional
Programs
(5) Use of Technology
Outside
Outside the
the Walls
Walls
Governments,
Governments, NGO’s,
NGO’s, Communities,
Communities, Academic
Academic(Research)
(Research)
19
WED
A Roadmap to Strengthening Public Safety
D.
The Current Environment
CSC’s mandate is to provide correctional interventions that allow offenders to learn
behaviours and skills that will allow them to return to Canadian communities as lawabiding citizens. For offenders the correctional process has three distinct stages:
admission to a federal penitentiary, where offenders work toward parole eligibility (inside
the walls); gradual release to the community (transition); and day parole, full parole and
statutory release under supervision in the community (outside the walls).
However, before we speak further about intake assessment and correctional interventions,
it is important to first speak to the manner in which CSC manages its various populations
within the penitentiary, and some of the security issues raised by stakeholders for
consideration by the Panel.
(a)
Population Management
The Panel believes that life inside a penitentiary should promote a positive work ethic.
Today, an offender working hard at rehabilitation is often treated no differently
than an offender who is seeking only to continue his criminal lifestyle. The Panel
believes that this is detrimental to promoting offender accountability.
Neither the Act nor the Corrections and Conditional Release Regulations (CCRR) refer to
the other subpopulations that exist within the two basic offender populations of today’s
penitentiary system—a general population and an administrative segregation population.
As stated earlier, when the Act was drafted there was a single, homogeneous general
population, but this has not been the case for some time. With the growing number of
offenders affiliated with criminal gang organizations, there has been a rise in the number
of incompatible populations within federal penitentiaries. It is not uncommon to find four
or five distinct subpopulations that cannot intermingle in a penitentiary, and two or three
groups of offenders who for their own safety must be physically separated from other
populations, either through administrative segregation or special units that separate them.
The physical and operational logistics of delivering correctional services for multiple
sub-populations in a penitentiary designed for one general population presents extreme
challenges as most penitentiaries are many years past their life cycle (see Appendix A)
20
Report of the Correctional Service of Canada Review Panel
and infrastructure replacement has been chronically under funded for a number of years
and in particular over the past decade.
As important is the fact that the day-to-day management of these sub-populations is
placing significant strain on physical infrastructure, particularly infrastructure that does
not reflect current more efficient and more functional design layouts and has passed well
beyond its life cycle. Inefficiencies and security risks of the current infrastructure
are addressed later in the report.
Administrative Segregation
Both the Act and internal policy allow for two types of segregation: involuntary and
voluntary.
Involuntary Segregation
The Warden may confine an offender to involuntary segregation when there are
reasonable grounds to believe that the offender:
a)
jeopardizes or puts at risk the security of the penitentiary, and the safety of other
inmates or staff;
b)
may interfere with an ongoing investigation; or
c)
may be personally at risk.
Involuntary segregation is a necessary tool that CSC uses to maintain a safe and secure
environment, especially given the changing offender profile.
Specifically, the CCRA states that:
31 (1)
The purpose of administrative segregation is to keep an inmate from
associating with the general inmate population.
Duration
(2)
Where an inmate is in administrative segregation in a penitentiary, the
Service shall endeavour to return the inmate to the general inmate
population, either of that penitentiary or of another penitentiary, at the
earliest appropriate time.
21
A Roadmap to Strengthening Public Safety
Grounds for Confining an Offender in Administrative Segregation
(3)
The penitentiary head may order that an inmate be confined in
administrative segregation if the penitentiary head believes on
reasonable grounds
(a) that
(i) the inmate has acted, has attempted to act or intends to act in a
manner that jeopardizes the security of the penitentiary or the
safety of any person, and
(ii) the continued presence of the inmate in the general inmate
population would jeopardize the security of the penitentiary or
the safety of any person,
(b) that the continued presence of the inmate in the general inmate
population would interfere with an investigation that could lead to
a criminal charge or a charge under subsection 41(2) of a serious
disciplinary offence, or
(c) that the continued presence of the inmate in the general inmate
population would jeopardize the inmate’s own safety,
and the penitentiary head is satisfied that there is no reasonable
alternative to administrative segregation.
Segregation may also be ordered as a sanction to offenders who have been charged with a
disciplinary offence and appear before an Independent Chairperson. According to the
CCRR:
40
(1) Subject to subsection (2), where an inmate is ordered to serve a
period of segregation pursuant to paragraph 44(1)(f) of the Act while
subject to a sanction of segregation for another serious disciplinary
offence, the order shall specify whether the two periods of segregation
are to be served concurrently or consecutively.
(2) Where the sanctions of segregation referred to in subsection (1) are to
be served consecutively, the total period of segregation imposed by
those sanctions shall not exceed 45 days.
(3) An inmate who is serving a period of segregation as a sanction for a
disciplinary offence shall be accorded the same conditions of
confinement as would be accorded to an inmate in administrative
segregation.
22
Report of the Correctional Service of Canada Review Panel
Voluntary Segregation
According the CCRA, an offender may be voluntarily segregated if the instutional head
believes on reasonable grounds:
31.(3)(c) that the continued presence of the inmate in the general inmate
population would jeopardize the inmate’s own safety, and the institutional
head is satisfied that there is no reasonable alternative to administrative
segregation.
The composition of the voluntarily segregated population can generally be described as
offenders who:
•
have significant ‘debts’ and seek voluntary segregation as a temporary way to
escape their creditors;
•
are at risk in any of the subpopulations (multiple number of incompatibles)
and seek the protection of segregation;
•
generally fear for their safety and seek the protection of segregation;
•
threaten violence if released from segregation and refuse to accept any
proposed alternative;
•
are not disruptive but are not following their correctional plans; and
•
want to be or should be fully engaged in their correctional plans but cannot be
integrated into a population that will provide that opportunity.
The Panel has heard that another factor contributing to this rise has been the fact that,
while in segregation, offenders maintain living conditions that are almost identical
to those elsewhere in the penitentiary, without having to resolve the issues that
brought them to segregation. The CCRA states that:
37. an inmate in administrative segregation shall be given the same rights,
privileges and conditions of confinement as the general inmate population,
except for those rights, privileges and conditions that
(a)
can only be enjoyed in association with other inmate, or
(b)
cannot reasonably be given owing to
23
A Roadmap to Strengthening Public Safety
(i)
limitations specific to the administrative segregation area, or
(ii)
security requirements.
Furthermore, CSC policy prohibits double-bunking in segregation. A single cell can be
considered to be another advantage over the offender’s circumstances in the general
population.
The Panel is concerned that if the living conditions in segregation continue to equal or
exceed those found in other parts of the penitentiary and there are no viable alternatives
to placement in the penitentiary, more offenders will seek voluntary segregation. The
Panel believes that offenders may not see any benefit to engaging in their correctional
plan, thereby allowing them to be isolated from the level of intervention necessary for
their rehabilitation.
The Panel believes that living conditions in penitentiaries should serve two purposes:
a)
to provide a safe, secure environment, and
b)
promote positive, pro-social behaviour, and an active interest in participating in
the offender’s correctional plan.
Without having any incentives to provide to offenders who are working to rehabilitate,
the Panel believes that the current environment of voluntary segregation diminishes
offender responsibility and accountability.
Adequacy of the Inmate Disciplinary Process
The Panel heard from UCCO-SACC-CSN representatives that they believe that the
disciplinary process is not working as it should. They specifically commented on the
situation where “a non-compliant offender sentenced to segregation serves the penalty in
a regular cell, with all the property and privileges enjoyed before conviction in
Disciplinary Court.”6
6
“Rewards and Consequences: A Correctional Service for the 21st Century—A brief to the Independent
Review Panel studying the future of Correctional Service Canada,” UCCO-SACC-CSN, June 2007,
page 11.
24
Report of the Correctional Service of Canada Review Panel
UCCO-SAAC-CSN also provided the Panel with an analysis of what they termed “the
Discipline Regime” and as an example, gave an analysis of offence reports at Donnacona
Penitentiary between January 1 and October 19, 2006. The union reported that its
analysis showed:
41.2% of the offence reports resulted in sanctions after being filed, while
58.8% of the reports were dismissed for various reasons (not guilty, untimely,
stay of proceedings, and so on).7
The union noted issues around the timelines of the application of the disciplinary process.
Section 36 of Commissioner’s Directive 580 stipulates that the initial hearing of major
and minor charges of a disciplinary offence shall normally take place within two weeks
after the charge is laid. However, the statistics reveal that only 20.5% of the hearings are
held within these time limits. Out of all offence reports filed, only 41.2%, led to sanctions
of some sort. Hence, 58.8% of the major reports were rejected for various reasons,
including administrative reasons such as timeliness.
The union also noted that many rejected offence reports are not passed on to the
offender’s future parole officers and thus are not considered during National Parole
Board hearings. In addition, two out of five reports are not recorded in the Offender
Management System (OMS). The union’s study revealed that 135 reports with guilty
verdicts were not officially recorded in OMS, which had a significant impact on case
management, given that parole officers depend heavily on the OMS when evaluating
cases to be presented to the Parole Board.
The Panel was not able to confirm the accuracy of the union’s allegations with CSC
management but, the essence of the union’s submission has led the Panel to conclude that
in order to reduce levels of violence by offenders within the walls of the penitentiary
system, there must be significant and meaningful consequences for abusive or
assaultive behaviour. While the Panel heard from frontline correctional officers that
some verbal abuse is to be expected from offenders given their profile, staff should not
feel they have to accept this behaviour. There should be appropriate and meaningful
consequences for offenders’ behaviour that is not deemed acceptable. Staff has repeatedly
7
Ibid., page 18.
25
A Roadmap to Strengthening Public Safety
told the Panel that current sanctions are inadequate, and are handed down too late to have
any deterrent effect on the offender.
(b)
Safety and Security
Providing a safe and secure environment in federal penitentiaries will always be an
ongoing challenge. The Panel was truly impressed by the commitment of frontline staff
and management, and their openness to discuss their daily challenges. The Panel is
particularly concerned about the safety of frontline staff and offenders, particularly in
medium- and maximum-security penitentiaries where the assaultive behaviour of
offenders is occurring and, in many cases, is unpredictable. The Panel is also concerned
that the presence of security cameras and staff are not deterring offenders from
committing these assaults. The current consequences are obviously having little deterrent
effect on this group of offenders.
This is particularly troublesome since CSC must use the incarceration time to begin the
rehabilitation process that requires, in most cases, learning to respect rules and the law.
This concern was echoed by the Professional Institute of the Public Service of Canada
(PIPSC) union:
Over the years, several security problems and unfortunate events have
affected our members. It is recognized by all parties that the offender
population is more violent and less concerned about the repercussions while
incarcerated.
While many factors may be contributing to this climate of disrespect, the Panel believes
the key underlying factor is illicit drug use and trafficking. The prevalence of drug abuse
and trafficking should not be surprising given that about four out of five offenders arrive
at a penitentiary with serious substance abuse problems, and about half the offenders
have committed crimes under the influence of drugs, alcohol or other intoxicants. The
current offender population will try to find every vulnerability in CSC’s security systems
to introduce drugs into the penitentiary.
According to a member of the Citizens’ Advisory Committee at the Victoria, B.C., parole
office:
26
Report of the Correctional Service of Canada Review Panel
When I have inmates tell me they can get just about any drug in an
institution that they can get on the street and I hear from CSC institutional
staff about drug-related violence, I have to wonder whether enough is being
done to keep these drugs out of institutions.8
The Panel is convinced that drugs have also propagated the increase in organized gangs
within penitentiaries and the ensuing violence as these gangs attempt to continue their
criminal activity. Gang members are not averse to using violence to advance their agenda
and to maintain or enhance their positions within the offender hierarchy. As long as drugs
are a major source of revenue and power, the introduction of drugs into penitentiaries will
continue to be their primary focus. Whether it be through the direct use of their associates
in the community or through threats and intimidation of other offenders and their
families, gang members will continue to use as many possible conduits as possible to
introduce drugs into CSC penitentiaries.
The Panel members believe that illicit drugs are unacceptable in a federal penitentiary
and create a dangerous environment for staff and offenders that translates into assaults on
offenders and staff, promotes transmittable diseases such as HIV/AIDS and Hepatitis,
and destroys any hope of providing a safe and secure environment where offenders can
focus on rehabilitation.
As dismal as the situation seems, the Panel believes there are solutions requiring a
sustained focus.
(i)
Eliminating Drugs in Penitentiaries
CSC’s Drug Interdiction Strategy
CSC’s current drug interdiction strategy is based on prevention, treatment, and
enforcement. This strategy is guided by Canada’s National Drug Strategy, and is
briefly outlined below.
8
Letter addressed to Lynn Garrow, Head, CSC Review Panel Secretariat, from Deryk Norton, member of
the Victoria Parole Office Citizens’ Advisory Committee, May 29, 2007.
27
A Roadmap to Strengthening Public Safety
Prevention
CSC’s Drug Strategy includes awareness programs, immunization
programs, infectious disease testing, methadone maintenance treatment and
intensive support units. Harm reduction initiatives are also available.
Treatment
CSC provides a range of internationally accredited programs to offenders
whose substance dependence is related to their criminal behaviour. The
more difficult the offender’s problem, the more intense the intervention.
Programs have also been designed especially for women and Aboriginal
offenders. These substance abuse and maintenance programs teach offenders
to manage their patterns of substance abuse, with the goal of decreasing
recidivism.
Enforcement
To reduce violence and illicit drugs in penitentiaries, all offenders—
including those belonging to organized criminal groups—are monitored to
prevent incidents and thus enhance safety. Offenders involved in violent
incidents or found possessing or using illicit drugs face disciplinary actions
and criminal charges.
While the Panel appreciates that CSC’s approach to drug interdiction is headed in the
right direction, we believe that much more can be done to prevent drugs from entering
federal penitentiaries, and to reduce the negative impact they have on CSC’s operations.
Drug Dogs
The Drug Detector Dog Program, introduced in CSC in 2001, has proved to be of great
value. The dogs have many times accurately and quickly detected drugs both within the
penitentiary and on visitors. The drug detector dogs have been a key component of the
initiatives focused on stopping the flow of illicit drugs into penitentiaries. However, the
present capacity is insufficient since each team can work only four hours per day, five
days per week, and some teams must provide services to more than one penitentiary. The
service gaps increase the likelihood that drugs will be introduced into the penitentiary.
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Report of the Correctional Service of Canada Review Panel
(ii)
Outside Sanctions for Assaultive and Threatening Behaviour
Correctional staff from across the country told the Panel that police and Crown Attorneys
do not always respond to requests to lay criminal charges against offenders for minor
assaults. The Panel is particularly concerned that CSC’s partners in criminal justice
appear to have abandoned CSC in enforcing minor assaults. The police, Crowns and
judges must be educated so that they appreciate that although an assault may appear
relatively minor, offenders’ aggressive behaviour, particularly towards staff, cannot and
should not be accepted.
(iii)
Infectious Diseases
The safety of staff is of paramount importance. Staff recognize and acknowledge the
inherent risks involved in working with offenders, but these risks can be better managed
in a safe work environment.. A healthy, safe, and secure workplace is a priority and must
be continuously considered in all CSC decision-making.
In addition to threats posed by the prevalence of drug use among offenders and other
high-risk activities such as unprotected sexual activity and unsafe tattooing, another
significant threat to correctional officers is the alarming rate of infectious disease among
the offender population. The exact rates of infectious diseases in the offender population
are not known because testing for HIV and Hepatitis B and C is voluntary, as it is in
Canadian communities. During the intake assessment process, offenders are screened for
risk behaviours and are advised of the testing and treatment options available to them, but
all testing is voluntary. This is in spite of previous studies that have found that
offenders’ rates of HIV are 7 to 10 times higher than the general Canadian population and
their rates of Hepatitis C are 30 times higher, often as a result of their history.
This means that when correctional officers are pricked with dirty needles or showered
with offenders’ urine or feces, they literally fear for their lives.
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A Roadmap to Strengthening Public Safety
The Panel heard from UCCO-SACC-CSN that:
These attacks are potentially life threatening … More importantly, officers
have no way of knowing whether they have been exposed to life-threatening
disease … The damage to family life and relationships is enormous.9
CSC has established collaborative partnerships with the Public Health Agency of Canada
and other external service organizations that provide several types of expertise in
infectious disease: control and prevention; education and training; screening, testing and
treatment; and surveillance. The Panel believes that this should continue to be a priority
for CSC.
(iv)
Perimeter Controls
The perimeters of some penitentiaries are close to public access roads, which has created
vulnerabilities for the safety and security of the penitentiary. Furthermore, the Panel is
aware of managerial decisions not to staff some control towers on certain shifts and that
some negative results have been evidenced. For example, there has been a dramatic rise
in the number of drugs being launched into penitentiary grounds using arrows and/or
tennis balls. The Panel believes that if the perimeter is not adequately secured, it will be
impossible to eliminate drugs from a penitentiary.
(v)
Searching
Most people imagine a federal penitentiary as an island, entirely separated from its
surrounding communities, but nothing could be further from the truth. Hundreds of
people enter and exit a penitentiary every week, including visitors, contractors, and staff.
While penitentiaries do search visitors, the Panel observed during visits that some of
these searches are no more than cursory. Ion scanners are used inconsistently at the
entrances to the institutions, and in some penitentiaries, the Panel was told by staff that
they could not properly use the technology because they had not been fully trained.
9
“Rewards and Consequences: A Correctional Service for the 21st Century—A brief to the Independent
Review Panel studying the future of Correctional Service Canada,” UCCO-SACC-CSN, June 2007,
page 34.
30
Report of the Correctional Service of Canada Review Panel
(vi)
Visits
Section 71(1) of the CCRA states that:
In order to promote relationships between inmates and the community, an
inmate is entitled to have reasonable contact, including visits and
correspondence, with family, friends and other persons from outside the
penitentiary, subject to such reasonable limits as are prescribed for
protecting the security of the penitentiary or the safety of persons.
The Panel heard from staff and unions that visitors are considered one of the major
sources of drugs coming into the penitentiaries.
This concern was also raised by several interest groups, including the Canadian Centre
for Abuse Awareness (CCAA), as expressed to the Panel by Director of Public Safety
John Muise:
[The CCAA recommends] that any visitor convicted of attempting to
transport illicit drugs or narcotics into institutions be banned for life from
entry upon CSC premises and that signs reflecting this policy be clearly
placed (and articulated by CSC staff before entry) at all entry points into
CSC institutions.10
Although visitors are pre-screened and searched, resources are insufficient to maintain a
comprehensive search program. Visitor searches must be enhanced. It is the view of the
Panel that the policy framework is sound, but quality assurance of implementation is
lacking. We saw inconsistency in searches at the principal entrance to penitentiaries in
our tours across the country.
(vii)
Use of Technology
The Panel recognizes that CSC staff needs better technological tools to assist in the
detection of drugs and other illicit contraband. The Panel’s priority is to introduce more
effective new technology at the principal entrances, to assist in drug detection.
10
“Submission to the CSC Review Panel,” Canadian Centre for Abuse Awareness, June 11, 2007,
Recommendation #25, page 16.
31
A Roadmap to Strengthening Public Safety
Another example of useful technology is enhanced cell phone detection and interception
technology as today’s cell phones are capable of accessing the Internet, text messaging,
and taking photographs and video. As these devices become smaller and harder to detect,
their presence inside a penitentiary allows offenders to conduct their criminal activities.
This presents a serious security risk inside the penitentiary but also poses a public safety
risk in the community. There are many more examples where technology could be of
vital use and CSC should look to other jurisdictions to find effective new technology.
(viii)
Intelligence Gathering
From across the country the Panel heard about the importance of “dynamic security”—
interacting with offenders and knowing them well—to maintain safe penitentiaries. A key
component of dynamic security is gathering intelligence, analyzing it and sharing it with
those who need to know. Expectations of CSC to share information and intelligence have
increased substantially, not only internally but outside the organization in conjunction
with partners in the criminal justice system.
The Panel’s view, however, is that CSC currently has a limited capacity to engage in
security intelligence activities since there is currently only 1 security intelligence officer
(SIO) for every 250 offenders. These SIOs are expected to monitor illicit activities that
could potentially compromise the safety and security of the penitentiary. For example,
they:
•
cultivate offender sources who provide valuable information on ongoing
threats;
•
gather information through correctional officers’ observation reports at the
end of every shift;
•
liaise on an ongoing basis with police, operations and police intelligence units;
•
participate in morning briefings to alert staff of any potential risks/threats and
advise on what to look out for (e.g., an SIO could receive information that two
gangs are experiencing tensions on the street, which may play out within the
penitentiary); and
•
fulfill other roles and duties, including gathering information on an incident,
writing reports, securing crime scenes, etc).
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Report of the Correctional Service of Canada Review Panel
The Panel applauds CSC’s efforts but believes that the SIO function must be
strengthened. The return on investment should prove to be significant. Through more
timely, effective and efficient collection, analysis and dissemination of information
within CSC, and through more consistent and strategic sharing of information with
criminal justice partners, the benefit should be:
•
an increased awareness of the activities of high-profile offenders and
offenders linked to organized crime and extremist groups within CSC
penitentiaries and on supervised release;
•
better decision making about offender placements and transfers;
•
fewer incidents of extortion, fewer drugs and contraband entering
penitentiaries, and less reinvolvement in criminal activity in the community;
•
a more integrated approach to organized crime with criminal justice partners;
and
•
improved intelligence, resulting in the prevention of security incidents in CSC
penitentiaries and in Canadian and international communities.
(c)
Assessment and Correctional Interventions
Here, we examine the current intake assessment process and identify three key areas that
we reviewed—the impact of the length (duration) of the intake assessment process on
program ‘starts’ for offenders with short sentences; the need for comprehensive mental
health assessments, particularly for Aboriginal offenders, and the development of a
comprehensive correctional plan that includes offender program integration and an
emphasis on developing skills to prepare for and find employment.
(i)
Offender Intake Assessment
Determination of Security Classification
Upon admission to the federal correctional system, all offenders undergo intake
assessment which is designed to assess each offender’s risks and needs. Offenders are
assigned to a security level according to Section 30 of the CCRA which states:
33
A Roadmap to Strengthening Public Safety
30.(1) The Service shall assign a security classification of maximum,
medium or minimum to each inmate in accordance with the regulations made
under paragraph 96(s.6).
Furthermore, the Corrections and Conditional Release Regulations (CCRR) identifies the
following factors for consideration:
17. The Service shall take the following factors into consideration in
determining the security classification to be assigned to an inmate
pursuant to section 30 of the Act:
(a)
the seriousness of the offence committed by the inmate;
(b)
any outstanding charges against the inmate;
(c)
the inmate’s performance and behaviour while under sentence;
(d)
the inmate’s social, criminal and, where available, young offender
history;
(e)
any physical or mental illness or disorder suffered by the inmate;
(f)
the inmate’s potential for violent behaviour; and
(g)
the inmate’s continued involvement in criminal activities.
18. For the purposes of Section 30 of the Act, an inmate shall be classified as:
(a)
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.
(b)
medium security where the inmate is assessed by the Service as
(i) presenting a low to moderate probability of escape and a
moderate risk to the safety of the public in the event of escape, or
34
Report of the Correctional Service of Canada Review Panel
(ii) requiring a moderate degree of supervision and control within
the penitentiary; and
(c)
minimum security where the inmate is assessed by the Service as
(i) presenting a low probability of escape and a low risk to the
safety of the public in the event of escape, and
(ii) requiring a low degree of supervision and control within the
penitentiary.
The chart below describes all the elements of the Offender Intake Assessment process
leading to the placement of the offender and the development of a correctional plan.
Offender
Offender Intake
Intake Assessment
Assessment Process
Process
(2) Comprehensive Mental Health Assessments
Offender
Offender Receives
ReceivesSentence
Sentence
Preliminary
Preliminary
Assessment
Assessment
(1)
Impact of the
Length (Duration)
on Timing of
Program ‘Starts’
Mental/ Medical
Health
Admission
Admission
Review
Review
Initial Assessment
Court/ Police
Legal Records
Victim
SocioSocio-economic,
Behavioural,
Behavioural, Family,
Employment,
Community Profiles
Post
Post Sentence
Sentence
Community
Community
Assessment
Assessment
Static
StaticFactors
Factors
Criminal
CriminalHistory
History
Offence
OffenceSeverity
Severity
Psychological
Psychological
Assessment
Assessment
Dynamic
Dynamic
Factors
Factors
Behavioural
Behavioural
Observations
Observations
Report
Report
Program
Program Screening
Screening
Interviews
Case
Case Conference
Conference
(3)
Correctional
Correctional
Plan
Plan
Comprehensive, Integrated
Correctional Plan
Assessment
Assessment Summary
Summary
(Overall
(OverallRisk/
Risk/Needs
NeedsRating)
Rating)
Institutional
InstitutionalPlacement
Placement
35
Report
Report
A Roadmap to Strengthening Public Safety
Offender Needs
To thoroughly evaluate the offender, the intake assessment process includes a review of
information on the impact of the offender’s crime(s) on the victim(s), as well as
information gathered from police reports, court transcripts, judges’ comments on
sentencing and other information. The assessment also establishes a multidisciplinary
correctional plan for treatment and intervention to be carried out during the offender’s
sentence. Once this assessment process is complete, the offender is transferred to the
appropriate penitentiary and the rehabilitative process begins.
CSC has been challenged for quite some time to complete this intake assessment in a
timely fashion for offenders serving less than four years (eligible for parole by year 1.5
and statutory release by year three). Current policy states that for offenders serving less
than four years, the intake assessment process should be conducted within 70 days. It is
critical to complete an offender’s intake assessment as quickly as possible because the
end result is a correctional plan —a roadmap, so to speak, outlining what the offender
should achieve through the rehabilitation process. In recognition of the need for a
streamlined process CSC initiated a pilot to complete the Offender Intake Assessment
(OIA) process in 45 days instead of 70. The Panel had not received the results of the pilot
at the time of writing.
(ii)
Program Effectiveness and Accreditation
In this section, we focus on the general effectiveness of programs as a primary factor in
the rehabilitation process. We note that CSC has focused on the development and
delivery of core programs at the expense of the development and delivery of basic adult
education and employment programs. We identify concerns about low
participation/completion rates, space availability and the need for high intensity
programs to meet increasing offender risks and needs. We examine the responsibility and
accountability of CSC and the offender to become more responsive to correctional plans.
The following chart summarizes the path that an offender follows from intake assessment
through to community programming and the six issue areas considered by the Panel.
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Report of the Correctional Service of Canada Review Panel
Programs
Programs
(1)
Offender Participation and Completion
(5)
Motivation/ Support
(2)
Time Between Assessment and First Program
(6)
Effective Integration
(3)
Program Intensity
(4)
Space Availability
Intensity of Intervention Based on Risk/ Need
Intake
Assessment
Process
Correctional
Correctional
Plan
Plan
Motivation/ Adjustment
Behavioural
Education
Employment
Specialized
Women
Aboriginal
EthnoEthno-cultural
Special Needs
ResearchResearch-based/ Accredited
Community
Community
Programming
Programming
CSC has collected data and profiled all offenders since 1995. This data allows for
ongoing review of programming needs and the effectiveness of programs. Additionally,
the data ensures that the correctional programs (programs that deal with an offender’s
behavioural and attitudinal development) are research-based, are subject to a review and
accreditation process, and are evaluated as appropriate for the federal correctional
system. The Panel agrees with this approach and believes it should be continued. In fact,
CSC is currently looking at a more streamlined accreditation approach, which the Panel
supports.
The Panel heard from other correctional jurisdictions that CSC’s use of cognitive-based
correctional programs has been highly effective and has been used by many other
jurisdictions. CSC has made a determined effort to develop and deliver cognitive-based
correctional programs that contribute to the rehabilitation of offenders. The Panel has
been presented with evidence that programs based on sound research and theory do work
and ultimately reduce reoffending. However, the Panel did not witness any extensive
CSC work on integrating these programs with job readiness programs. In fact,
37
A Roadmap to Strengthening Public Safety
employment and employability programs appear to have been placed on the back burner
by CSC and not given the attention that they require.
It is important to note, however, that if a safe, supportive environment is missing in
CSC’s penitentiaries, the learning acquired may be jeopardized and CSC risks that
offenders will not have the opportunity to internalize the changes required to rehabilitate.
CSC must also consider identifying a framework that defines what and how programs
should be made available at various levels of penitentiary security and in the community,
e.g., adjustment and motivation programs at maximum security; behavioural, educational
and employability programs at medium and minimum security. Program availability
should be directly related to requirements for progressing to lower levels of security. The
program framework must also be retooled to address the management of offenders
serving shorter sentences.
(iii)
Program Delivery and Availability
The Panel thoroughly reviewed the issues surrounding programs offered to offenders.
While it is simplistic to point out that people are complex creatures, it is especially
critical that this statement be understood in the corrections domain.
CSC has an offender population that is more violent and serving shorter sentences, which
essentially leaves CSC less time to do more. Even as recently as 1999, the recommended
number of correctional programs for offenders often could not be delivered prior to the
earliest possible parole date. Today, this situation has been further exacerbated by the
trend toward shorter sentences and the realities of the intake assessment process.
However, with the changing offender profile, offenders now generally have an increased
level of risk and need. Therefore, it is reasonable to assume that these high-risk/high-need
offenders require more intensive interventions than the offenders of the 1990s.
Furthermore, on average, an offender does not even start the first program for six months
after the intake assessment process.
Although the Panel has no statistics on the availability of spaces for offenders in
correctional programs, we did hear from various stakeholders that in addition to
timeliness, space availability is a challenge.
38
Report of the Correctional Service of Canada Review Panel
Jane Griffiths, President of the Church Council on Justice and Corrections, expressed to
the Panel that:
Our members who volunteer in the present federal system report that there
is not enough program space to conduct appropriate programming and it is
a challenge to move the [inmates].11
A spokesperson of the UCCO-SACC-CSN said he is concerned about the danger of
releasing federal offenders into society before they have had access to rehabilitation and
anger management programs. He said waiting lists for such programs are lengthy,
causing a gridlock that forces some inmates to wait months for parole. Some, he said,
leave the correctional system without receiving treatment for the problems that got them
into trouble in the first place.12
Also, the Salvation Army told the Panel:
CSC has a world-wide reputation for developing risk assessment tools and
standardized programs based on solid research on what is effective in
reducing reoffending upon release. Unfortunately, there appears to be
several systemic barriers to the timely delivery of these programs inside
federal facilities. Failure to complete programs often means that access to
early release is denied to individuals who might otherwise be safely
managed in the community. The Salvation Army among other organizations
is providing these programs in the community with training and funding
through CSC contracts. We firmly believe this is a very successful, cost
effective program delivery model which is significantly under-utilized.13
The Panel believes that, at this time, given the realities of limited resources, CSC’s focus
should be on effective program delivery in penitentiaries. Every effort should be made to
review the modules of cognitive-based correctional programs to identify and lessen
redundancies, thereby shortening program content and required time frames.
Furthermore, as previously discussed, a better targeted correctional plan can ensure
11
Submission to the CSC Review Panel, Church Council on Justice and Corrections, June 6, 2007, page 2.
CBC News, October 9, 2007, http://www.cbc.ca/canada/story/2007/10/09/inmates-programs.html
13
Submission to the CSC Review Panel, The Salvation Army, Territorial Headquarters, M. Christine
MacMillan, Territorial Commander. June 7, 2007, page 2.
12
39
A Roadmap to Strengthening Public Safety
offenders undergo key programs while incarcerated and are provided with programs that
extend and maintain these programs in the community.
(iv)
Offender Participation
Time pressures, capacity and available resources are not the only challenges affecting
opportunities for rehabilitation. Offender participation in correctional programs is
presently voluntary. The table in Appendix B shows that there is a serious drop-out or
non-completion rate in rehabilitation programs for violence prevention, substance abuse
and sexual offending. The Panel believes that this is again an issue where offender
accountability has to be strengthened.
CSC is at a stage where it must focus its efforts on enhancing offender “responsiveness”
for engaging in the correctional plan. In practice, this means that the assessment of
motivation and other responsivity factors (e.g., age, gender) can help structure many of
the decisions CSC makes regarding the living environment, security classification,
temporary and conditional release recommendations, supervision requirements and
placement of the offender.
Strategies have to be introduced into correctional practices to decrease offenders’
resistance to participate in their correctional plans. Correctional program strategies
should be expanded to include “primers” to reduce program attrition. Motivated offenders
should have first priority for placement in programs, and motivation-based approaches
should be developed for non-motivated offenders.
Some form of incentive or consequence may be appropriate to engage program-resistant
offenders. Non-completion of programs should have a bearing on decision making
regarding the release of the offender to the community.
However, there are two issues of concern to the Panel:
1. Because shorter sentences are being given to federal offenders who have increased
risks and needs, limited time is available for offenders to use and internalize the CSC
programs and interventions before their release.
2. On average, offenders do not begin the first CSC program until six months after
completing the intake assessment process.
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Report of the Correctional Service of Canada Review Panel
(d)
Education
(i)
Background and Results
The CCRA clearly establishes CSC’s legal responsibility to provide programs:
76. The Service shall provide a range of programs designed to address the
needs of offenders and contribute to their successful reintegration into the
community.
The delivery of education programs to offenders is guided by Commissioner’s Directive
(CD) 720, Education of Offenders. Each region has the responsibility to ensure that
education service delivery meets their respective provincial requirements, and adheres to
CSC’s national policy.
The primary components of CSC’s Education Program are Adult Basic Education (ABE),
vocational education14 programs, and library services. Each program component provides
offenders with opportunities to acquire education appropriate to their needs, achievement
and ability. Together, these components provide education interventions that suit
offenders’ needs and abilities.
(ii)
Importance of Educational Programs
Education has an undisputed role in the personal development and professional or
vocational success of an individual in Canadian society. Upon arrival at a penitentiary,
approximately 65% of offenders test at a completion level lower than Grade 8, and 82%
lower than Grade 10. Since 1990, CSC had made a Grade 10 education the minimum
standard for its ABE program. However, since the labour market in Canada sets
increasingly higher standards for skilled employees, a Grade 10 or equivalent education
is no longer sufficient to be competitive when seeking employment.
According to Statistics Canada, since the early 1990s, 84% of new jobs have required a
high school diploma. In addition to this, various studies, including a 1996 Auditor
General Report, have reiterated the need for educational services to be provided to
14
Note that post-secondary education programs are also offered; however, this component is not a primary
component of CSC’s Education Program.
41
A Roadmap to Strengthening Public Safety
offenders and the importance of upgrading offenders’ education levels. Therefore, CSC
determined that it had to adapt to current market trends and the realities of today’s
society. Consequently, in 2001, CSC made Grade 12 education the minimum standard for
its ABE program.
The importance placed on education has been supported by research. A review of 97
articles that examined the relationship between correctional education and recidivism
levels revealed “solid support for a positive relationship between correctional education
and (lower) recidivism.”15
(iii)
Adult Basic Education
The ABE program is the education priority of CSC. It maintains the highest enrolment. In
fact, 40% of all enrolments are for the ABE program. Since 2001, education programs are
listed as a priority in the correctional plans of offenders who do not possess a Grade 12
education. Participation in the programs is voluntary; however, a refusal to participate in
programs means that the offender is not eligible to receive a higher pay level.
(iv)
Vocational Education
Vocational programs are currently the choice of approximately 25% of all offenders.
They provide training in a wide range of job-related skills relevant to employment
opportunities in the penitentiaries and in the community. Some of the subjects currently
taught in CSC’s vocational programs are:
•
welding and metal trades;
•
hairdressing;
•
small engine repair;
•
auto mechanics and auto body repair;
•
electronics;
15
Compendium 2000 on Effective Correctional Programming, page 59, CSC 2001.
42
Report of the Correctional Service of Canada Review Panel
•
carpentry and cabinet making;
•
upholstery;
•
plumbing;
•
cooking; and
•
computer programming.
The vocational education programs include a generic skills component that is applicable
to several vocational fields. This component addresses industrial and shop safety and
personal and interpersonal skills for success in the workplace.
(v)
Post-Secondary Education
Post-secondary education gives offenders the opportunity to acquire a trade or profession,
and to update trade qualifications. Less than 10% of participants in education programs
opt for post-secondary education. Offenders generally pay for their own post-secondary
studies, unless it can be demonstrated that the education addresses a very specific need.
(vi)
Education Certificates
Prior to 1977, CSC provided its own certificates to indicate that offenders had taken
certain courses and passed CSC’s exams; however, these certificates were not recognized
by provincial governments.
In 1977, Parliament assigned the provinces the responsibility to provide suitable
educational programs to their residents, including offenders. As a result, provincial
governments formally agreed to partner with CSC to provide educational services in
federal penitentiaries. CSC then began offering a standardized curriculum to offenders,
specific to each province, to ensure that all provincial governments recognize CSC’s
educational certificates at Grade 10 level and above.
Currently, all CSC regions have arrangements with the provinces that ensure educational
certificates are recognized for grades 10 to 12. These certificates are recognized across all
federal penitentiaries and by all provinces. Educational records are kept by each region’s
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A Roadmap to Strengthening Public Safety
ministry of education and are updated to reflect certifications, test results and course
credits. These records are available in the event of transfer or release into the community.
(vii)
Results
It is of concern to the Panel that the completion rate for all educational programs is
currently 31% (see Appendix C). If education is a critical component of an offender’s
successful return to society as a productive, law-abiding citizen, the completion rate must
be improved. The Panel did not receive any findings from CSC to explain why these
results are so low. Anecdotally, we have heard of several reasons, including systemic
(i.e., offender transfers or competing correctional program demands) and issues of
motivation.
Interestingly, the completion rate for vocational programs is twice as high as that for
educational programs. Again, whether this is due to systemic or motivational issues is not
clear to the Panel.
(e)
Work—Employability and Employment
In this section, we focus on the CORCAN mandate and the related Business Plan in the
context of its effectiveness in preparing offenders for employment in the community. We
look at the current penitentiary infrastructure capacity of CORCAN to provide offender
employment in CSC penitentiaries and produce goods and services for market
consumption. We identify employment as a key factor in the assessment process at intake
assessment. We focus on particular requirements to address the unique needs of
Aboriginal and women offenders in preparing for and finding employment and further
focus on the need for an increased emphasis to be placed on skills development,
particularly apprenticeship training. The chart that follows identifies the key elements
supporting employability/employment initiatives and the five issue areas considered by
the Panel.
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Report of the Correctional Service of Canada Review Panel
Work
Work –– Employability
Employabilityand
and Employment
Employment
(3) Aboriginal/ Women Offenders
(1) CORCAN Business Plan
(4) Skills Development Training
(5) Focus on Assessment
of Employability Skills
Community
CORCAN
Institutional
Institutional Employment
Employment
Intake
Intake
Assessment
Assessment
Employment
Support
Vocational
Vocational
Employability
EmployabilityInitiatives
Initiatives
Prison
PrisonIndustries/
Industries/ Services
Services
CORCAN
CORCAN
Goods/
Goods/ Services
Services
(2) Infrastructure Capacities
Institutional Employment
Market Support for Goods
and Services
(i)
The Offender Population
At admission, more than 70% of the federal penitentiary population had unstable work
histories, more than 70% had not completed high school and more than 60% had no trade
or skill knowledge. At any given time, only approximately 15% of the total offender
population is working in a CORCAN facility.
The current offender profile demonstrates a low level of basic employment qualifications,
poor employment histories, and life skills that have contributed to poor job performance.
In addition, related deficits such as substance abuse and violent behaviour have
contributed to offenders’ deviant behaviour. These deficits, if left unaddressed, will
continue to limit the offenders’ ability to find and keep jobs.
(ii)
The Mandate of CORCAN
CORCAN assists in the safe reintegration of offenders into Canadian society by
providing employment and training opportunities to offenders during incarceration in
federal penitentiaries, and during conditional release in the community. CORCAN is a
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A Roadmap to Strengthening Public Safety
Special Operating Agency16 that reports to Parliament through the Minister of Public
Safety. Each year the agency trains approximately 4,000 offenders in employability
skills, including fundamental skills (communication, problem-solving); personal
management skills (responsibility, adaptability, work safety) and teamwork skills. It
operates 36 institutional sites across Canada and employs approximately 350 staff.
Offenders are trained and employed in five businesses—agribusiness, textiles,
manufacturing, construction and services.
Products produced by CORCAN are used within CSC, by other federal government
departments, provincial and municipal governments, and non-profit institutions such as
schools, universities and hospitals. CORCAN provides employment bridging services for
offenders through 37 community employment centres across the country. The agency
generated approximately $60.5 million in gross sales in 2006–07.
(iii)
The Current Focus
The Panel met with CORCAN staff during visits to CORCAN operations in
Saskatchewan, Manitoba, Quebec, Ontario and Nova Scotia. The Panel has reviewed the
CORCAN Business Plan.
CSC penitentiaries offer varying levels of employment, varying levels of utilization of
operating capacity, and varying levels of availability and degrees of integration of
employability, education and skills development programs.
The Panel has looked at the vocational training strategy. For example, the Pacific
Regional Vocational Strategy indicated that “from an offender perspective, the most
useful (employment) programs are those that are of longer duration, teach technical, life
and interpersonal skills, and provide third-party certification in fields that are accepting
of offenders and paying a living wage.” The evaluation pointed to:
•
16
the need to have all programs certified by accredited public colleges or registered
private career training institutions;
According to the Department of Finance, a Special Operating Agency is a federal government
organization that has increased management flexibility in order to improve performance. Objectives
include better overall management, improved operational results and greater focus on demand.
(http://www.fin.gc.ca/gloss/gloss-s_e.html)
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Report of the Correctional Service of Canada Review Panel
•
the need to extend training into the community;
•
the need to balance program costs against program outcomes; and
•
the need for investments that are directly related to improving the knowledge, skills
and opportunities for offenders to secure and maintain employment after release.
The Panel notes that employment has been eclipsed as a priority over the past decade
by programs that address other core needs (e.g., substance abuse and violence).
Pascal Bélanger of the Association de rencontres culturelles avec les détenus told the
Panel:
Although CSC can assert that their programs are among the best in the
correctional world, this type of treatment is being done instead of job
training as it was done in the sixties, seventies, and early eighties. So even if
[an offender] can better understand the many factors contributing to his
criminal behaviour, this cannot guarantee it will help him back to work …
Wouldn’t it be much easier for a parolee to stay out of trouble and abide
with its conditions of release if he can rely on a legal income, therefore
staying away from criminal acquaintances?17
Offenders lack skills development training that can directly link them to an occupational
group or specific job market. The Panel saw examples that demonstrate that basic
education and specific skills can guarantee immediate employment and can offer a solid
base that an employer can use to build increasing expertise through on-the-job experience
and training.
There is a lack of focus in assisting Aboriginal offenders to prepare themselves for work
when they return to their communities, either on reserves or in urban centres. The
Congress of Aboriginal Peoples urged the Panel:
17
Submission to the CSC Review Panel, ARCAD, June 18, 2007, page 4.
47
A Roadmap to Strengthening Public Safety
work programs must address the unique needs of Aboriginal offenders and
must consider the types of employment that might be available to them in the
communities to which they may be released.18
Furthermore, the Canadian Human Rights Commission noted to the Panel that the
employment and employability needs of women offenders are not being met either.
In 1996, the Arbour Report recommended that priority be given to work
programs that have a vocational training component. However, in 2003, the
Auditor General in her report on the reintegration of women offenders
found that there are few vocational programs available to women offenders
and that women offenders have minimal access to meaningful work
opportunities while incarcerated.19
This was affirmed by the Canadian Association of Elizabeth Fry Societies:
… there is insufficient meaningful employment and employability
programming, and inadequate accommodation and support for women upon
their release into the community.20
(iv)
The Current Employment Model—Penitentiaries
Visits to CORCAN sites gave the Panel first-hand knowledge of the current limitations
posed by the age of many penitentiary structures and equipment. In addition, the
availability of offenders for employment is often limited by penitentiary routines,
competing requirements for program participation and related resourcing
constraints.
Providing meaningful employment in CSC penitentiaries requires a fine balance between
providing jobs related to a penitentiary’s operational requirements (working in the
kitchen, providing general cleaning and maintenance services) and providing jobs
18
“Brief to the Panel Review of CSC Operational Priorities, Strategies and Plans,” Congress of Aboriginal
Peoples, May 2007, page 7.
19
“The Canadian Human Rights Commission’s Submission to the Correctional Service of Canada Review
Panel,” June 11, 2007, page 10.
20
“Submission of the Canadian Association of Elizabeth Fry Societies to the CSC Review Panel,” June 10,
2007, page 13.
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Report of the Correctional Service of Canada Review Panel
generated by CORCAN industries. CSC staff and parole officers have indicated that to
enhance both the quantity and quality of work opportunities available in
penitentiaries, there is a need to move from employing large numbers of offenders in
general maintenance jobs to providing more meaningful skills development to
prepare the offender for employment upon release.
CORCAN’s capacity to respond to market opportunities for products and services varies
significantly by region and penitentiary. The Panel notes that without investment in new
capacity and increased markets, CORCAN faces a significant challenge in generating
sufficient revenues to support investment strategies that would create employment
opportunities for offenders and offset the costs of employability and employment
training.
The Panel questions whether CORCAN can continue to balance revenues and
expenditures to provide future employment and training requirements under its current
operating model. The Panel questions whether CORCAN’s prime objective is sufficiently
focused on its core responsibility to produce fully trained and job-ready offenders ready
for release to positions in the community.
(f)
Managing Distinct Populations
In this section, we focus on the management of three distinct populations—Women
Offenders, Aboriginal Offenders and Ethnocultural Offenders. We review and comment
on the recommendations contained in ‘Moving Forward with Women’s Corrections’
(Glube), and examine the distinct needs of Aboriginal and Ethnocultural offenders.
(i)
Women Offenders
The Glube Report
The CSC Review Panel carefully considered the recommendations of the report, Moving
Forward with Women’s Corrections, submitted by the Expert Committee chaired by the
former Chief Justice of Nova Scotia, Constance Glube, and CSC’s response to these
recommendations.
The detailed observations and recommendations of the Panel are found under the section
entitled, “Roadmap for Change—Change in Operating Model.”
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A Roadmap to Strengthening Public Safety
(ii)
Aboriginal Offenders
The Realities of Crime
In June 2006, the Canadian Centre for Justice Statistics21 presented a picture of the
realities for Aboriginal people and their communities. Specifically, young people aged 15
to 34 experience violent victimization 2½ times more frequently than those aged 35 or
older; on-reserve crime rates were about three times higher than crime rates elsewhere in
Canada, and violent crime rates were significantly higher; rates of spousal violence were
3½ times higher than for non-Aboriginals; and Aboriginal people were 10 times more
likely than non-Aboriginals to be accused of homicide related to alcohol and/or drug
consumption. The report suggested that social disruption, particularly on reserve, will
remain a significant challenge.
Socio-economic Realities
Census data suggest that Aboriginal people continue to migrate away from rural and nonreserve areas to large urban centres.
Social marginalization, particularly in large urban centres, will continue to be a barrier to
addressing disparities between Aboriginal and non-Aboriginal Canadians, but even more
so for Aboriginal offenders after release.
Most reserve communities will remain focused on socio-economic conditions such as
clean water, health, housing, and education to support economic development.
Key Federal Initiatives
At the federal level, the public service is reorganizing to manage issues horizontally
through new decision-making structures. The Aboriginal Horizontal Framework is
providing an accountability mechanism to link the federal programs and services to
Aboriginal Canadians across all 34 departments, and therefore improve integration and
maximize the utilization of resources. An Aboriginal Programs and Spending Web site
21
Statistics Canada, Victimization and Offending among Aboriginal Population in Canada, Juristat,
Catalogue No. 85-002-XIE, Volume 26, No. 3, June 2006.
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Report of the Correctional Service of Canada Review Panel
provides more accessible information for Canadians to enhance the understanding of the
diversity of initiatives across government.
In Budget 2006, the Government announced a commitment to work with First Nations
communities to develop “workable solutions” to the issues they are facing. Commitments
were made to move more quickly on self-government arrangements and agreements-inprinciple for the transfer of federal programs and services. These changes have the
potential to impact directly on how CSC manages existing agreements with Aboriginal
communities (as defined in the CCRA) for the operation of healing lodges.
In May 2006, the Government announced a healing-based resolution framework to renew
and rebuild relationships between Aboriginal and non-Aboriginal Canadians. The current
focus of this initiative is completing the Indian Residential Schools Settlement
Agreement to provide compensation to former students. The second component, a Truth
and Reconciliation Commission, has a five-year mandate to focus on the effects and
consequences of the residential schools experience, including individual and systemic
harms, intergenerational consequences, and the impact on human dignity. CSC is
working with Indian Residential Schools Resolution Canada, Health Canada and Service
Canada to ensure that former students who are incarcerated are aware of their rights and
have every opportunity to participate in the settlement agreement.
With respect to Northern Corrections, it should be noted that, particularly with respect to
Inuit offenders that:
•
the primary focus for population management remains on providing incarceration
options for provincial/federal offenders;
•
these offenders remain incarcerated for longer periods of time;
•
the approach to community transition is currently focused in the South, with limited
supervision and/or intervention activities in northern communities;
•
the current and increasing focus is on sharing CSC program delivery methodologies;
•
CSC is working with individual offenders to support their transition to the
community, and with communities to build partnerships to strengthen capacity; and
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A Roadmap to Strengthening Public Safety
•
the development/introduction of government services and capacities is impacted by
the availability of trained human resources and scarce financial resources.
The CSC Model
A Continuum of Care Model, adopted by CSC in 2003, provides the framework to
integrate traditional Aboriginal approaches to healing within the CSC policy framework.
The Strategic Plan for Aboriginal Corrections (2006-11) responds to the needs and
aspirations of Aboriginal people within the CCRA. It is based on the following strategic
priority: “to enhance capacities to provide effective interventions for First Nations, Métis
and Inuit offenders.” National Aboriginal organizations have expressed their support for
the plan. However, the Panel was told that the lack of resources has restricted its full
implementation.
The Panel is of the view that the issues and challenges regarding the Inuit are well
understood by CSC. Progress on a “Northern Strategy” is not for lack of analysis, but
rather action.
(iii)
Ethnocultural Populations
CSC Policy
Since 1994, CSC’s policy on ethnocultural offender programs has aimed to ensure that:
1. the needs and cultural interests of offenders belonging to ethnocultural
minority groups are identified; and
2. programs and services are developed and maintained to meet those needs.
The policy stipulates, among other things, that racial harassment and discriminatory
behaviour will not be tolerated. The placement of an offender will be determined on the
basis of risk and the offender’s needs identified in the correctional plan, and not on the
basis of race, language, religion or ethnic origin. The policy requires regions to report
annually on their performance against ethnocultural offender program objectives and on
activities carried out in compliance with the Canadian Multiculturalism Act.
Since the development and implementation of this ethnocultural policy, progress has been
made in addressing the needs of visible minority offenders. Progress can be seen through
the creation of regional ethnocultural advisory committees, the Multiculturalism Award,
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Report of the Correctional Service of Canada Review Panel
and the recruitment of ethnically diverse staff that give institutions the internal cultural
skills crucial to communication and intervention with ethnocultural minority offenders.
Ethnocultural Liaison Services
CSC has developed links with different community organizations to help address racism
and racial discrimination. In addition, services by ethnoculturally trained workers are
provided to help with cultural differences between offenders and case management
personnel.
Religious Services
Religion, or spiritual beliefs and practices, is often the predominant indicator of one’s
culture and is therefore an important need to address. Religious customs vary widely and
can be difficult to accommodate in penitentiary settings. To fulfil these requirements,
CSC considers a number of factors, including traditional dress (e.g., turbans), religious
diets (e.g., pork-free), sacred scriptures (e.g., the Koran), different days of worship, and
access to a diversity of religious and/or spiritual leaders. CSC works closely with the
Interfaith Committee on Chaplaincy, which provides crucial information on religions and
multifaith calendars.
Linguistic Services
CSC policy guarantees the right to interpreter services for minority offenders who have
difficulty speaking or understanding English or French, in quasi-judicial proceedings
where the loss of liberty or privileges is at stake, e.g., disciplinary hearings and National
Parole Board hearings.
(iv)
Mental Health Population
Here, we review current mental health services in CSC, delivered in its penitentiaries and
in the community.
The number of offenders admitted to CSC with identified mental health problems has
been on the rise. In 2006, 12% of men offenders were identified at admission as having
diagnosed mental health problems, an increase of 71% since 1997. For women, the 2006
rate was 21%, an increase of 61% since 1997. The Panel notes that mental health needs
53
A Roadmap to Strengthening Public Safety
are two to three times more common among men federal offenders than among the
general male population in Canada.
Incarcerated federal offenders are excluded from the Canada Health Act and their
treatment is not covered by Health Canada or provincial/territorial health systems. Under
the CCRA, CSC is responsible for the mental health of offenders, and must provide or
obtain mental health care services in its penitentiaries and in the community for offenders
under supervision.
Current Mental Health Services in CSC
Admission
CSC has 10 reception centres that assess the criminal behaviour of newly admitted men
offenders, and develop correctional plans to address these behaviours. Five facilities for
women offenders conduct similar assessments.
Apart from a pilot project at the reception centre in the Pacific region, no systematic
effort is currently being made to screen offenders for mental disorders at admission, or to
follow up with in-depth mental health assessments aimed at identifying treatment needs.
This is unacceptable.
This was further noted to the Panel by Correctional Investigator Howard Sapers:
The actual number of offenders with significant [mental health] issues is
likely underestimated as CSC’s mental health screening and assessment on
admission is inadequate.22
Comprehensive mental health screening and assessment is required to ensure that all
offenders with mental health needs are identified before their correctional plans are
developed and put into action. The lack of a comprehensive clinical assessment at
admission delays diagnosis, effective treatment planning, and appropriate placement in a
treatment program.
22
Presentation to the CSC Review Panel, Correctional Investigator Howard Sapers, June 27, 2007, page 16.
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Report of the Correctional Service of Canada Review Panel
Although CSC has made some progress in moving to a more comprehensive process for
mental health screening by streamlining existing measurement tools, the Panel believes
that CSC’s initiatives must be benchmarked with initiatives in place in other correctional
jurisdictions. This benchmarking process should be the first step in an accelerated intake
initiative to put in place a comprehensive and recognized assessment system, so that each
offender would leave the intake assessment process with a correctional plan that maps out
a treatment strategy that is fully integrated with programming activities addressing other
behavioural and skills deficits.
Penitentiary Mental Health Care
Providing longer-term primary and intermediate mental health care institutions continues
to be a challenge for CSC. Intermediate mental health care units are required for men
offenders whose mental health problems are not severe enough to require in-patient care
in a psychiatric facility, but who nevertheless need safe, structured environments that
offer effective, supportive care.
Most penitentiaries have a limited number of psychologists on staff, and mental health
care is usually limited to crisis intervention and suicide prevention. Psychologists spend a
significant percentage of their time preparing risk assessments intended to assist the
National Parole Board in making decisions regarding conditional release. The primary
and intermediate mental health care provided to offenders is insufficient. Offenders with
mental health problems usually do not receive appropriate treatment unless their needs
reach crisis levels. Many are segregated for protection because of their inability to cope
in regular penitentiary settings, and therefore they have limited access to programming or
treatment.
As an initial response to this problem, interim funding was provided to CSC for 2007–09
to address some deficiencies. Areas to be addressed include the improvement of primary
care in some CSC penitentiaries and staff training. Pilot testing initiatives such as
telemedicine and telepsychiatry was identified as an alternative to the creation of
intermediate care units, given the high capital costs associated with starting up these
units, and the uncertainty of longer-term funding.
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A Roadmap to Strengthening Public Safety
(g)
Roadmap for Change—Change in Operating Model
The realities of the changing offender profile have created many future challenges for
CSC, both inside and outside the walls. The Panel believes that a new core correctional
model for operations both within the walls of a penitentiary and in the community must
be implemented.
One important factor that should influence proposed changes in the operating model is
that emphasis must be placed on the dual responsibilities and accountabilities of:
1. the offender to earn parole by actively following the correctional plan; and
2. CSC to provide the opportunities and tools required to support the offender in
achieving the goals of the correctional plan.
Both of these must occur during incarceration and under conditional release in the
community.
In this section, we identify a ‘roadmap for change’ to respond to the risks and needs of a
changing offender population. Our observations are based on the overriding principle of
‘dual responsibilities and accountabilities’ of the offender to earn parole and of CSC to
provide the opportunities and tools required to support the offender in achieving the
goals set out in the correctional plan. We emphasize the need for integrated initiatives
required to build comprehensive intake assessment information; integrated work,
educational and correctional programs; penitentiary activities that support a structured
approach to the offender’s day; a comprehensive ‘blueprint’ for the offender’s transition
to the community; and, a fully-integrated supervision, intervention and support model in
the community. We look at introducing a structured work day and enhancements to safety
and security and population management. We raise issues related to the provision of
services after the offender has completed the sentence and is no longer under CSC
jurisdiction. The following chart identifies the elements of the new model.
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Report of the Correctional Service of Canada Review Panel
Inside
Inside the
the Walls
Walls –– Change
Change in
in Operating
Operating Model
Model
Inside
Inside the
the Walls
Walls
Admission
Transition
Transition
Earning Parole Eligibility
Day Parole
Outside
Outside the
the Walls
Walls
Full Parole
Ongoing Life Cycle
(Post WED)
Safety and Security Measures
Structured Day
Comprehensive
Intake Assessment
Correctional
Correctional
Plan
Plan
Employability
Employability
Assessment
Assessment
Structured Leisure Time
Mental
Mental Health
Health
Assessment
Assessment
CSC
Offender Responsibility/ Accountability
Basicto Earn Parole
Core
Adult
Education Programs
Integrated
Employability
And
Work
Employment
Programming
Supervision
Intervention
Employment
Support
Mental Health
Comprehensive
Release Planning
Governments
Governments
Communities
Communities
Offender
Responsibility/
Accountability
Employment
Volunteers
Volunteers
Partners
Programming
Supervision
Intervention
Support
NGO’s
NGO’s
Other
OtherSupport
Support
Groups
Groups
Population Management Measures
Multi-disciplinary Staff
Multi
Multi-disciplinary
Staff
Partnerships:
Partnerships:
Governments,
O’s, Communities,
NG
Governments,NGO’s,
NGO’s,
Communities,Academic
Academic(Research)
(Research)
The Panel strongly supports the creation of a seamless process that manages the offender
from admission through incarceration to conditional release, and ultimately until the
offender is maintaining a crime-free lifestyle after the completion of the sentence
(formally known as warrant expiry). To achieve this, the Panel recognizes the
importance of an integrated approach that involves the:
•
integration of comprehensive assessment information at admission, in order to
develop the most effective correctional plan tailored to the unique risks and needs of
individual offenders;
•
integration of work, education and correctional programs, in order to ensure that the
best combination of core behavioural, basic education and employability/employment
interventions are providing the offender with the best portfolio of knowledge and
skills to support his or her release to the community;
•
integration of penitentiary activities to create a structured day that allows sufficient
time for study, work and productive/pro-social leisure time;
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A Roadmap to Strengthening Public Safety
•
integration of institutional and community correctional planning that leads to a
comprehensive ‘blueprint’ for the offender’s transition to the community;
•
integration of community programming, supervision, intervention, employment and
support initiatives in the community, managed by CSC and/or its non-governmental
partners; and
•
integration of the work of community service providers as part of the ongoing support
provided to offenders after they have reached their warrant expiry dates and are no
longer under the jurisdiction of CSC.
These initiatives can only succeed in safe environments, with staff that are
knowledgeable and well trained, and in partnership with a variety of interest groups
working to achieve safe communities.
(i)
Population Management
Here, we identify recommendations that respond to changes in the composition of the
offender population and address related safety and security issues in CSC penitentiaries.
The following chart shows changes that have occurred to institutional populations and
the key factors that have contributed to that change. Eight issue areas, reviewed by the
Panel, are identified.
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Report of the Correctional Service of Canada Review Panel
Population
Population Management/
Management/ Safety
Safetyand
and Security
Security
Conditions of Confinement Based on
Security Level/ Completion of
Correctional Plan
Past
Transition
Reduction in Use of Voluntary Segregation
Through Alternative, Less Restrictive
Measures
Current
Maximum
Appropriate Disciplinary Sanctions
Medium
General Inmate
Population
Minimum
Segregation
Mental Health
Treatment
Segregated
Population
General
Multiple
SubSub-populations Population
Mental Health
Treatment
Drug Interdiction
-- more stringent control measures
-- drug dogs
-- perimeter surveillance
-- search procedures
-- new detection technologies
-- criminal sanctions – seizure of drugs
-- changes in criminal code
-- heightened public awareness
Security Intelligence Framework
Impacts:
National Data Base on Visitors
Multiple, incompatible populations with
different risks/ needs
Presence of illicit drugs
Assaultive and threatening behaviour
of offenders
High prevalence of infectious diseases
Amended Canada Labour Code
Mandatory Testing for Infectious Diseases
at Time of Admission
As the Panel indicated earlier in the report, life inside a penitentiary should promote a
positive work ethic. Today, an offender who is actively engaged in his/her correctional
plan is often treated no differently than an offender who is still engaged in criminal
behaviour. The Panel feels that this is detrimental to promoting offender accountability.
In this context, the Panel supports an approach that links conditions of confinement to an
offender’s responsibilities and accountabilities. These conditions must be identified and
managed under the rights and privileges stated in the Act. The following areas could be
targeted: degree of association with other offenders; movement (escorted, unescorted, and
supervised); private family visits (access to and degree of frequency); leisure activity;
personal clothing and property; searching; pay levels and access to money; access to
penitentiary and CORCAN employment; access to programs (school or cell-based).
Administrative segregation is a necessary tool for CSC to maintain a safe and secure
environment, especially given the changing offender population. However, the Panel
believes that there is an over-utilization of voluntary segregation as a longer-term
management alternative.
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A Roadmap to Strengthening Public Safety
The Panel has indicated that there should be appropriate and meaningful consequences
for offender’s behaviour that is not deemed to be acceptable under the rules of the
penitentiary. The Inmate Discipline Process needs to provide fair, meaningful and timely
sanctions for this type of behaviour.
RECOMMENDATIONS
3.
The Panel recommends that, at each security level (minimum, medium and
maximum), a basic level of rights should be defined.
4.
The Panel recommends that differing conditions of confinement should be
dependent on an offender’s engagement in his or her correctional plan and the
offender’s security level.
5.
The Panel recommends that CSC should review the use of voluntary segregation
to ensure that it is not being used by offenders to avoid participation in his or her
correctional plan.
6.
The Panel recommends that current disciplinary sanctions be reviewed and
become more aligned with the severity of assaults and threatening behaviour,
including the verbal abuse of correctional staff.
(ii)
Safety and Security
The Panel sees significant challenges ahead for CSC in maintaining and enhancing
safety and security in its penitentiaries. The safety of staff is of paramount importance.
CSC is challenged on three fronts in this area: drugs, gangs and the effective use of
technology for security and information management purposes. The Panel has noted the
inherent risks for frontline staff in working with offenders and the need to ensure that
these risks are minimized through health and safety measures.
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Report of the Correctional Service of Canada Review Panel
RECOMMENDATIONS
7.
The Panel recommends that CSC must become more rigorous in its approach to
drug interdiction by enhancing its control and management of the introduction
and use of illicit substances.
8.
The Panel recommends that CSC’s approach should:
a) entail the submission of an integrated request for resources supported by
detailed performance targets, monitoring and an evaluation plan that requires
a report on CSC’s progress to the Minister, Public Safety, by no later than
2009-10;
b) incorporate a commitment to more stringent control measures (i.e.,
elimination of contact visits), supported by changes in legislation, if the
results of the evaluation (see rec. (i)) does not support the expected progress;
c) increase the number of drug dog detection teams in each penitentiary to
ensure that a drug dog is available for every shift;
d) involve the introduction of ‘scheduled visits’ so that more effective use of drug
dogs can be made;
e) increase perimeter surveillance (vehicle patrol by Correctional Officers) and
the re-introduction of tower surveillance, where appropriate, to counter the
entry of drugs over perimeter fences;
f) include a more thorough, non-intrusive search procedure at penitentiary
entry points for all vehicles, individuals and their personal belongings;
g) include the immediate limitation and/or elimination of the use of contact visits
when there is reasonable proof that they pose a threat to the safety and
security of the penitentiary;
h) include the purchase of new technologies, to detect the presence of drugs;
(resources should be available for the ongoing maintenance and staff
training);
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A Roadmap to Strengthening Public Safety
i) enhance the policies and procedures related to the management of
prescription drugs, urinalysis testing and the routine searches of offenders
and their cells for illicit substances;
j) work closely with local police forces and Crown Attorneys to develop a more
proactive approach for criminal sanctions related to the seizure of drugs;
k) include an amendment to the Controlled Drugs and Substances Act to create
an aggregating factor (or a separate offence) for the introduction or
trafficking within a penitentiary in Canada of any controlled or designated
substance with a mandatory minimum penalty consecutively to any existing
sentence(s);
l) include the authority for CSC to prohibit individuals who are found guilty of
such charges (highlighted in XI) from entering a federal penitentiary for a
period of not less than 10 years; and
m) include the development and implementation of a heightened public
awareness campaign to communicate the repercussions of smuggling drugs
into penitentiaries.
9.
The Panel recommends that CSC, as a priority, continue to strengthen its security
intelligence framework for the collection, analysis and dissemination of
information within federal corrections, police services and other criminal justice
partners.
10.
The Panel recommends that a national database of all visitors should be created.
11. The Panel recommends that the Canada Labour Code be amended to require an
offender to provide a blood sample for testing after an incident that could have
placed the staff member’s health at risk because of the transmission of bodily
fluid.
12. The Panel recommends that the current voluntary testing of offenders at entry
into the system for infectious diseases be made mandatory.
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Report of the Correctional Service of Canada Review Panel
(iii)
The Structured Work Day
In this section, we note that the lack of a well-structured work day is creating an
environment that is causing significant competition for scarce time and resources for
programming, institutional employment, mental health interventions and leisure time. We
support the benefits of increasing the number of available productive hours and note that
this change has resource implications with respect to operating systems and related
resource allocations. The following chart summarizes initiatives competing for an
offender’s time and the three areas that will be affected by the introduction of a longer
work day.
Structured
Structured Work
Work Day
Day
Transition from Eight Hours to Twelve Hours
Employability/
Employment
Education
Correctional
Plan
Deployment of Staff
Programs
Impacts
Impacts
Daily Institutional Routines
Program Delivery Alternatives
Structured
Leisure
Time
Balanced Approach
The Panel is of the opinion that in order to prepare an offender to return to society as a
productive, law-abiding citizen, and in order to ensure that a good work ethic is learned
while in incarcerated, a complete work day is required as the standard daily regiment
while incarcerated. This will also provide CSC with sufficient time in the day in order to
provide the necessary rehabilitation programs.
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A Roadmap to Strengthening Public Safety
The Panel notes a recurring observation from its visits to CSC penitentiaries—the lack of
a well-structured day was creating an environment that was causing significant
competition for scarce time and resources for programming, penitentiary employment,
mental health treatment and leisure time. The Panel also noted that recreational time was
not directly linked to the offender’s correctional plan or needs. It was not clear to the
Panel that an offender activity in general weight training had anything to do with their
correctional plan or personal rehabilitative needs.
The limitations of a typical work day are described by the Citizens’ Advisory Committee
at Millhaven Institution:
The type of work in the maximum [-security] unit is somewhat limited and
the number of hours of work per day in no way resembles that of a work day
in the community. In the education and programs area, offenders address
their need to upgrade their education and also participate in correctional
programs designed to address their criminogenic needs. Most days, the
approximate time spent in classroom settings would be a total of four hours
per day due to the time required to move the various populations through
the central area. Likewise, if the offender has a cleaning/maintenance job,
he would rarely work more than three hours per day.23
An important and complementary issue that must be considered is the offender’s use of
productive time and the reduction in offender idleness. The Panel has reviewed CSC’s
approach to the management of productive hours in its penitentiaries. More specifically,
the Panel reviewed the recommendations of an advisory committee that CSC established
to make recommendations on the way that offenders in Canadian federal penitentiaries
use their time outside the normal working day.24 The Panel has recommended the
creation of a structured day, recognizing the benefits of maximizing the integration and
use of offenders’ non-discretionary (employment and programs) and discretionary
(leisure activities) time. CSC should revisit the recommendations of the advisory
committee as part of an overall review of the role of work and the effective use of a
structured work day.
23
24
“Response from Millhaven CAC to the areas the Review Panel is to address,” June 4, 2007, page 1.
‘Maximizing use of Offenders’ Time’, Correctional Service of Canada, December 6, 2002
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Report of the Correctional Service of Canada Review Panel
While the Panel understands the impact of security requirements on institutional
operations, the movement of offenders and the inadequate physical infrastructure, we
nevertheless believe that there is flexibility to more effectively manage competing
demands on an offender’s time, and that it is critical to lengthen the active day in a
penitentiary to 12 hours, but also make those 12 hours meaningful. Therefore, CSC
should examine the penitentiary day in the context of the priorities in the offender’s
correctional plan, taking into consideration such factors as the impact on the deployment
of staff to accommodate such measures, daily penitentiary routines, program delivery
alternatives, etc.
RECOMMENDATIONS
13.
The Panel recommends that, in order to allow sufficient time for the integration
of work, education and correctional programming, and the introduction of
structured leisure time, the length of the regular or active day should be
lengthened from eight hours to twelve hours, allowing offenders to be actively
engaged in meaningful activities.
14.
The Panel recommends that recreation be a meaningful use of the offender’s
time with a direct link to the offender’s correctional plan.
15.
The Panel recommends that CSC pay more attention to the attainment of higher
educational levels and development of work skills and training to provide the
offender with increased opportunities for employment in the community.
(iv)
Assessment and Correctional Interventions
Here, we look at the relationship among intake assessment, the development of a
comprehensive correctional plan and the development and delivery of programs in CSC
penitentiaries and the community. Our recommendations focus on strengthening the
integration of these initiatives to support the continuous involvement of the offender in
the correctional plan in order to earn parole. The following chart summarizes the
Panel’s recommendations.
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A Roadmap to Strengthening Public Safety
Intake
Intake Assessment
Assessment and
and Correctional
Correctional Interventions
Interventions
Shorten Period of Intake Assessment
and the Time to First Program
Look at Other ‘Best Practices”
Intake
Intake
Assessment
Assessment
Correctional
Correctional
Plan
Plan
Intensity of Intervention Based on Risk/ Need
Start Some Programming –
Behavioural/
MotivationMotivation-focused
Behavioural
Rebalance Resource Distribution
Education
Introduce ‘modularized’ programs
Employment
Define Offender Responsibilities,
Accountabilities and Consequences
of Degree of Participation
Review Staff Competencies
to Support Program Delivery
Integrate
Motivation/ Adjustment
Specialized
Women
Aboriginal
EthnoEthno-cultural
Special Needs
ResearchResearch-based/ Accredited
Improve Offender Participation Rates
Evaluate Every Three Years
Int
erf
ac
e
Balance InterInter-relationships between
Institutional/ Community Programs
Enhance Community Capacity
Community
Community
Programming
Programming
The Panel believes that a quick yet thorough intake assessment is critical to the new
correctional model it is proposing. The chart above outlines the panel’s vision for both
intake assessment and correctional programming in its new vision.
The Panel fully supports the development of a more comprehensive intake assessment
process that brings together behavioural/criminogenic, mental health and employment
information into a well-developed correctional plan tailored to the unique risks and needs
of the individual offender, and within the context of the length of the offender’s sentence.
The key to positive results is the commitment of the offender to the correctional plan and
the response by CSC to properly manage and support that commitment.
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Report of the Correctional Service of Canada Review Panel
RECOMMENDATIONS
16.
In order to ensure offenders participate and successfully complete programs
recommended in their correctional plans, the Panel recommends that CSC:
a)
shorten the period of intake assessment and consider opportunities to start
correctional programming (behavioural and motivation-focused) during
intake assessment, particularly for offenders with short sentences of four
years or less;
b)
shorten the time before offenders start their first program. CSC should
look to other correctional jurisdictions who have managed to shorten yet
improve intake assessments;
c)
change its program methodology to allow for the introduction of ‘program
modules’ that facilitate offenders starting a program;
d)
introduce a series of meaningful incentives and consequences to
encourage offenders to participate in their correctional plans;
e)
undertake a review of programs delivered in penitentiaries and the
community in order to determine the right balance between the two;
f)
consider community capacity to deliver programs, including:
(i)
the delivery of maintenance programs by contracted and trained
program deliverers in communities where CSC cannot provide
direct interventions,
(ii)
the use of trained volunteers to provide support to particular
offender groups, offenders who require intensive mental health
interventions in a halfway house setting;
g)
undertake a review of the competencies (knowledge and skills) required by
its staff to better manage the needs of the changing offender profile with
respect to program delivery; and
h)
consider introducing a multidisciplinary team approach to reinforce
programming results in both the penitentiaries and the community.
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A Roadmap to Strengthening Public Safety
17.
The Panel recommends that, every three years, all programs be evaluated to
ensure they meet recognized standards.
(v)
Education
The Panel has indicated its belief that education and employment are key cornerstones of
the successful reintegration of offenders to the community. The ‘stove-piped’
environment currently associated with the delivery of these programs must be changed.
Offenders must be provided with the best portfolio of knowledge and skills that prepare
them to find and keep jobs after release into the community. At the same time, offenders
must be motivated to participate in these programs by introducing an increased sense of
purpose—the ability to be employed.
RECOMMENDATIONS
18. The Panel recommends that CSC review the reasons for the low offender
participation rates in its adult basic education programs and identify new
methodologies to motivate and support offenders in attaining education
certificates by the end of their conditional release periods.
19.
(vi)
The Panel also recommends that these educational programs be reviewed and
integrated with initiatives that are being undertaken to provide employability and
employment skills for offenders.
Work—Employability and Employment
In this section, we focus on ensuring employment becomes an integral part of the
correctional plan, is linked to other programs (particularly education and skills
development), is an integral part of pre-release planning and is linked to employergenerated job opportunities in the community. The following chart summarizes the
recommendations of the Panel.
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Report of the Correctional Service of Canada Review Panel
Work
Work –– Employability
Employability and
and Employment
Employment
Redevelop Aboriginal/ Women
Employment Strategies
Participate in Aboriginal
Develop Model of Cooperation
CommunityCommunity-based Enterprises
with Federal, Provincial Government
Departments and Agencies
Community
Review the CORCAN Mandate as a
Special Operating Agency and
Impact on Business Plan
Aboriginal and
Women Offenders
CORCAN
Institutional
Institutional Employment
Employment
Varying Levels of Operating Capacity
Intake
Intake
Assessment
Assessment
Employability
EmployabilityInitiatives
Initiatives
Vocational
Vocational
Employment
Employment, Skills Development/
Program Integration/ Community
Partnerships Prison
Prison Industries/
Industries/ Services
Services
Focus on Employability/
Employment Needs
Build Opportunities for ‘Transitional’
Employment for Offenders
CCC’s/
CCC’s/ “Halfway Houses”
Employers/ Unions
Focus Release Planning
on Employment
Build Formal Relationships to Support Skills
Development Training and Employment
Timely Research/ Measurement of Results
Integration of Employability Initiatives with
Education and Correctional Programs
and ReRe-structured Work Day
The Employment Continuum—Being Job Ready
The Panel has reviewed the CORCAN Employment Strategy and recognizes that it
provides a basic framework within which future action can be developed and
implemented.
The Panel sees the refocusing of CSC to an employability–employment model that
prepares offenders to be ‘skills-ready’ for the labour market as a key priority in a new
integrated approach to work. Work-oriented programs must play a key role in CSC’s
rehabilitative approach. CSC must move ahead to reorient its program base to include
pre-apprenticeship and apprenticeship accreditation programs that are developed and
sanctioned by recognized outside organizations.
Such an approach should ensure:
•
employability becomes an integral part of the offender’s correctional plan at intake
assessment;
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A Roadmap to Strengthening Public Safety
•
the implementation of the plan includes penitentiary program integration (linking core
educational, vocational and/or apprenticeship and employability programs, and work
assignments);
•
pre-release planning is linked to opportunities for community employment; and
•
community employment is directly linked to employer-generated job opportunities.
The Panel had discussions with CORCAN staff that focused on their roles and
responsibilities, and the Panel also talked to parole officers about the CORCAN staff
involvement in case management process. The Panel has concluded that CORCAN
supervisors, working at the front line, have an important personal relationship with
offenders. As such, they are in a position to have a significant positive impact on them.
They are seen as providing offenders with a sense of purpose, and are a key contributor to
increasing offender motivation for employment and in promoting self awareness among
offenders in being able to handle a job effectively. Any integrated approach must
maintain the CORCAN staff’s personal and professional leadership and relationship with
offenders, and should actively pursue the input of CORCAN staff in the case
management process and community release planning.
The needs of other groups of offenders should also be considered. For example, CSC
staff indicated that offenders with short-term sentences and younger offenders need
significantly more support to make them employment-oriented and job-ready. They
suggested staged approaches (modular programs) that would start in the institution and
follow the offender into the community. At the same time, staff expressed the need to
consider the availability of institutional employment for long-term offenders.
The Panel noted gaps in providing offenders with other important tools needed for a
smooth entry into the labour market: birth certificates, social insurance numbers, and
other basic identification required by employers. These tools are as important and
necessary as certificates in particular job skills.
This concern was echoed by Elizabeth White, Executive Director, St. Leonard’s Society
of Canada:
Our experience indicates that there is a continuing need for many federally
sentenced persons to acquire both specific and generic job skills prior to
seeking gainful employment in the public sector. For example, how to
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Report of the Correctional Service of Canada Review Panel
prepare a résumé, the importance of timeliness, appropriate dress and
demeanour, etc.25
The Employment Continuum—Finding and Moving to a Job
It is critically important that an offender find and keep a job in order to be economically
self-sustaining in the community. Employment is a positive indicator that the offender is
moving to a crime-free lifestyle. The period immediately following release from a
penitentiary is particularly challenging, as offenders need to find housing, secure health
care and reconnect with families. CSC should re-evaluate the support structures in the
community, including CORCAN community employment offices and community
residential facilities, to ensure they can meet the challenges posed by an offender’s
reorientation of resources toward employment.
New roles, new routines and new social supports are the essence of a successful transition
to the community.26
This will require changing the employment continuum by taking a multi-component
approach.
The institutional and community case management processes should be more closely
linked to develop a comprehensive community release plan that considers employment as
a key priority. There are benefits associated with extending the time available for this
process to facilitate improved communications between institution and community parole
officers and ensure the offender’s job-readiness status is effectively matched to
community support initiatives and employment prior to release.
As part of the community supervision and support process, CSC should ensure that
opportunities for transitional employment for offenders have been identified and are in
place. CSC will have to strengthen its labour market ties by ensuring employers are
engaged prior to release and ready to accept pre-screened offenders for immediate
employment. Particular attention will have to be given to the availability of employment
25
26
“SLSC Submission to the CSC Review Panel,” May 28, 2007, page 7.
J. Laub and R. Sampson, Prisoner Re-entry Perspective, Washington, D.C.: Bureau of Justice Statistics,
2001; S. Maruna, Making Good: How Ex-Convicts Reform and Rebuild Their Lives, Washington,
D.C.: American Psychological Association, 2001; R. Samson and J. H. Laub, Crime in the Making:
Pathways and Turning Points Through Life, Cambridge: Harvard University Press, 1993.
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A Roadmap to Strengthening Public Safety
as a key determinant of location of release. It is important to recognize the disparity
between the home residences of returning offenders and the location and availability of
skill-appropriate jobs, often defined as a ‘spatial mismatch.’27 The consideration of this
disparity is fundamental in building both a short-term and longer-term community
transition plan for the offender and requires attention in identifying job opportunities for
offenders in general.
Finally, there is a requirement to work in conjunction with the National Parole Board to
determine how employment will be factored into decisions for and conditions of release.
Partnerships for Employment—Employer Readiness
The Panel has seen exceptional efforts by CSC staff to develop partnerships with local
community employers. These individual efforts provide a strong base on which broader
partnerships with employers can be developed. CSC should strengthen its partnerships
with various employers, associations, unions, universities and colleges, and private sector
firms, to provide transitional support for offenders on conditional release leading to fulltime employment.
The Panel believes that these strategic partnerships can start by identifying opportunities
related to the building and construction sector. The Construction Sector Council, a
national organization financed by both government and industry, is committed to the
development of a highly skilled work force that will support the current and future needs
of the construction industry in Canada. In its report, Construction Looking Forward:
National Summary of Labour Requirements for 2007 to 2015, the council predicts that the
demand for skilled workers in the construction trades will continue to exceed supply.
Demographic factors (e.g., a retiring work force) will further contribute to this deficit in
the work force.
At Saskatchewan Penitentiary CORCAN is involved in building modular houses in
cooperation with the Federation of Saskatchewan Indians on projects such as South
Beach Homes for First Nations, and CORCAN is also participating in construction
projects in New Brunswick with Habitat for Humanity. These CORCAN initiatives
27
J. Brennan and E. Hill, Where Are The Jobs? Cities, Suburbs and the Competition for Employment,
Washington, D.C.: The Brookings Institution, 1999.
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Report of the Correctional Service of Canada Review Panel
should be expanded. These examples indicate the contribution that CSC can make to
community-based social housing initiatives, using federal–provincial funding to expand
socio-economic benefits for Canadian communities. Challenges associated with spatial
mismatch and the buy-in by unions and trade associations will have to be addressed.
Nevertheless, there is a real opportunity to work with the building trade unions to create a
model of cooperation that can be used to strengthen strategic partnerships and
collaborations with employers, trade associations and unions, private sector facilitators,
provincial colleges and school boards, which can help improve the employability and
employment skills and labour market opportunities for federal offenders.
The Panel was presented with the issues associated with entering into a joint venture with
the building trades unions to establish trades apprenticeship training programs that would
link apprenticeship training in CSC penitentiaries with job placement at the time of
conditional release.28 Using the apprenticeship programs model established with The
Provincial Building and Construction Trades Council of Ontario (PBCTC), a framework
for the implementation of a pilot project has been developed. The proposal provides a
framework to merge the interests of the PBCTC, employers in the building and
construction industry and CSC to prepare offenders with job-ready skills in the
construction sector after release into the community. The Panel suggests that CSC use
this framework to develop a generic approach that could be used nationally and with a
variety of trades sectors to build integrated transition models or employment continuums
that would prepare an offender for a specific job at release.
These discussions should be framed in the context of concerns that employers have with
respect to the hiring of offenders. A study29 submitted to CSC in March 2006 provided
qualitative input from focus group discussions on general hiring practices and the
experiences of some business executives from small and medium-sized enterprises.
Employers that are hiring want to find employees with professional, job-related skills)
and the right personal characteristics—dependability, teamwork, honesty, responsibility,
etc. In addition, employers seek some type of job experience. Participants indicated they
28
“Mutual Interests Pilot Project Proposal—Construction Trades Apprenticeship Training Leading to
Offender Employment,” R. K. Mould, unpublished report, 2007.
29
Phoenix Strategic Perspectives Inc., Research with Business Executives Regarding the Hiring of ExInmates, unpublished report, March 2006, Ottawa, Ontario.
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A Roadmap to Strengthening Public Safety
would need to be provided with the offender’s profile describing how issues related to
their past criminal behaviour had been identified and addressed. To allay these concerns,
participants identified the need for comprehensive information on the offender from CSC
(i.e., the crime, the individual’s penitentiary record, assessments on the individual and
recommendations from CSC officials). They also indicated the need for information on
the types of training and skills development provided, how the training relates to industry
needs (certification process) and an assessment of the offender’s employment
performance.
Aboriginal Community Capacity—Job Creation from New Economic Enterprises
The Panel places significant importance on linking employment strategies for federal
Aboriginal offenders with the initiatives of the federal government to support the growth
of economic enterprises for Aboriginal communities as it is critical to ensure that job
ready Aboriginal offenders have employment opportunities available for them in their
home communities.
The Report of the Standing Senate Committee on Aboriginal Peoples, Sharing Canada’s
Prosperity—A Hand Up, Not a Handout, 30 provides an important context to frame
discussions between CSC and Aboriginal communities and employers. Such discussions
should focus on providing employment to federal Aboriginal offenders as part of renewed
economic and business development initiatives. Additional attention should be given to
developing a context for discussions about creating employment opportunities for the
Métis and Inuit people.
Successful Aboriginal employment initiatives can only be realized if CSC works in close
cooperation with federal government departments and is an integral part of the
government’s initiatives to identify Aboriginal solutions by Aboriginal communities.
The Panel has seen several examples where CSC is an active participant in specific
government actions—working with Human Resources and Social Development Canada
(HRSDC) and Aboriginal communities to support employment in communities through
the Aboriginal Skills Development and Employment Partnership Program, and working
30
Standing Senate Committee on Aboriginal Peoples, Sharing Canada’s Prosperity—A Hand Up, Not a
Handout, March 2007.
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Report of the Correctional Service of Canada Review Panel
with the Department of Indian and Northern Affairs and Aboriginal communities to
create employment by participating in projects that leverage economic initiatives.
The Panel suggests that CSC work closely with the National Aboriginal Board in
pursuing economic measures that help the reintegration of Aboriginal offenders to their
communities by creating employment opportunities.
Discussions with the Aboriginal Human Resource Council31 explored options for the
development of a framework for consultation. Suggestions were identified to use focus
groups (Aboriginal human resource practitioners, including Aboriginal Human Resource
Development Agreement Holders, educators and community representatives, and
employers and companies) to look at existing best practices at the federal and provincial
level as well as successful projects taken on by Aboriginal community groups. Such an
approach should be more fully explored as the basis to redevelop an Aboriginal
Employment Strategy, closely linked to government initiatives that support Aboriginal
employment and Aboriginal economic enterprise development. The objective is to
understand how CSC could participate in business investment initiatives that focus on
innovative solutions to education (essential skills development and secondary school
education attainment), and in recruitment strategies that help Aboriginal offenders
successfully enter the labour force.
In conjunction with these focus group discussions, the Panel suggests consulting with
representatives of HRDSC to explore how to address the unique needs of Aboriginal
offenders.
Women Offenders—Meeting Employment Needs
It is important to note that, at intake assessment, more women than men offenders lacked
an employment history; had been unemployed more than 50% of the time prior to their
31
A private–public, not-for-profit partnership that connects Aboriginal organizations and employers to
partnerships and solutions that accelerate the recruitment, retention and the advancement of Aboriginal
people in the Canadian labour market.
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A Roadmap to Strengthening Public Safety
incarceration; were unemployed at the time of their arrest, and were dissatisfied with their
trade or profession.32
The Panel reviewed the National Employment Strategy for Women Offenders (October
2006) and its approach to addressing the unique employment needs of women offenders.
In this context, CSC should consider all recommendations on work with respect to:
1. assessment and correctional plan development requirements at intake,
2. evaluation of the challenges to employment related to the unique operating
environments in women’s penitentiaries, and
3. the gaps in the provision of support services and employment opportunities in
the community.
In light of the fact that 50% of employable women on conditional release in the
community are not working, particular attention must be paid to and integrate transitional
employment requirements with CSC’s enhanced community supervision and intervention
infrastructure for women.
Any CSC initiatives should take into account the observations and recommendations of
the report of the Expert Committee Review, Correctional Service of Canada’s Ten-Year
Status Report on Women’s Corrections—Moving Forward With Women’s Corrections,
1996-2006 (Glube, Program Strategy for Women Offenders).33
Research—Fostering an Understanding of Performance
The Panel notes the lack of current CSC research on what works and doesn’t work with
respect to the contribution of work to positive reintegration outcomes. However, the
available research did confirm what other correctional jurisdictions have found: that
offenders need knowledge and skills that make an offender job ready in the eyes of
employers. Furthermore, the Panel notes a lack of current CSC evaluation and
32
L. L. Motiuk and K. Blanchette, Assessing Female Offenders: What Works, In Ed. M. McMahon,
Assessment to assistance: Programs for women in community corrections (pp. 235-266). Arlington,
VA: American Correctional Association. 2000.
33
http://www.csc-scc.gc.ca/text/prgrm/fsw/wos29/wos29_e.shtml
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Report of the Correctional Service of Canada Review Panel
performance information that it could turn to for assistance in determining the success of
current employment interventions on reoffending.
Consequently, the Panel suggests that CSC review and rebuild its research and evaluation
frameworks to demonstrate the effectiveness of its employment initiatives in meeting
labour market requirements and targeted employer requirements, and its contribution to
reducing reoffending. This should occur in the context of the challenges posed by the
changing offender population profile during incarceration and on conditional release in
the community. This research should also build on the research completed in other
correctional jurisdictions.
RECOMMENDATIONS
20.
The Panel recommends that the financial and correctional benefits of CORCAN
operating as a Special Operating Agency should be evaluated in order to ensure
that it properly reflects CORCAN’s role in the new correctional model.
21. The Panel recommends that the results of the review be used to reconstruct
CORCAN’s Business Plan so that it better responds to the job and training needs
of the changing offender population over the next five years.
22.
The Panel recommends that the revised CORCAN Business Plan should also
include approaches to working with federal/provincial government departments
and agencies, particularly with Human Resources and Social Development
Canada (HRSDC), Service Canada as well as private sector training/counselling
facilitators.
23.
The Panel recommends CORCAN must pay particular attention to:
a)
integrating employability/employment initiatives and correctional and
educational programs within a re-structured work day, and
b)
focusing on preparing offenders to be skills-ready (vocational/
apprenticeship) for national and local labour market opportunities.
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A Roadmap to Strengthening Public Safety
24.
25.
The Panel also recommends that the CORCAN support the job and skill needs of
offenders on conditional release in the community and that CSC/CORCAN:
a)
identify approaches to strengthen release planning, by ‘bridging’ the
offender to an available job in the community by ensuring the offender’s
job-readiness status is effectively matched to community support initiatives;
b)
ensure that opportunities for transitional employment for offenders have
been identified and linked with the responsibilities of community
correctional centres and halfway houses, and
c)
ensure that CSC has developed relationships with employers, to provide a
seamless transition of pre-screened offenders from the penitentiary to
immediate employment.
The Panel recommends that CSC/CORCAN focus on building formal
relationships with employers to expand the employment opportunities for
offenders. The Panel recommends the following specific priorities in this area:
a)
CSC redevelop its Aboriginal Employment Strategy focusing on building
economic opportunities for Aboriginal community-based enterprises that
support concrete employment opportunities for Aboriginal people;
b)
CSC and CORCAN work with a Provincial Building and Construction
Trades Council or another similar entity to create a pilot project that
creates a pre-apprenticeship and/or apprenticeship program for offenders
that leads directly to employment on release;
c)
the Panel recommends that CSC and CORCAN work with the
Saskatchewan Construction Association in establishing apprenticeship
opportunities for young Aboriginals and opportunities that could be
provided specifically to Aboriginal offender;
d)
after evaluation of the above noted pilot and building on best practices,
forge other such partnerships in other regions; and
e)
CSC re-positions the recommendations identified above with respect to
reassessing the National Employment Strategy for Women Offenders.
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Report of the Correctional Service of Canada Review Panel
(vii)
Women Offenders
The Glube Report
The CSC Review Panel carefully considered the recommendations of the report, Moving
Forward with Women’s Corrections, submitted by the Expert Committee chaired by the
former Chief Justice of Nova Scotia, Constance Glube, and CSC’s response to these
recommendations.
The Glube report provided a 10-year status report on federal women’s corrections in
Canada. The report is generally positive and states that “remarkable progress” was
achieved in women’s corrections between 1996 and 2006). The Panel agrees with this
statement and generally endorses the Glube report, and will comment on the three areas
where the Glube report suggested that further advances are needed: governance, mental
health and strengthening community transition.
Governance
The Expert Committee recommended that CSC revisit the women’s corrections
governance structure so that the wardens of the women offender penitentiaries would
report directly to the Deputy Commissioner of Women (DCW).
The Panel believes the functional role of DCW is currently satisfactory. The Panel agrees
with CSC’s response to the Expert Committee’s recommendation that a “strong
functional and strong leadership role by the [DCW], rather than a line authority model, is
the most effective governance structure at this time. Balancing corporate attention and
visibility with efficient use of resources is an important element in managing the overall
model for women’s corrections.” CSC also promised to “enhance and strengthen the
relationship of the DCW and her staff with all levels of the organization in order to
ensure a clear and sharpened women-centered focus in support of the women’s
correctional model.” The Panel supports this direction.
Mental Health Needs of Women Offenders
The Expert Committee commended CSC on the progress it had achieved in prioritizing
and addressing the mental health needs of women offenders through its Mental Health
Strategy for Women Offenders (1997; revised in 2002), which addresses varied mental
health needs to maximize well-being and promote effective reintegration. However, the
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A Roadmap to Strengthening Public Safety
Expert Committee recognized that CSC faces several impediments in implementing its
strategy due to financial and human resources issues.
The Glube report also found that the Structured Living Environment (SLE) is “perhaps
the most visible accomplishment among the host of related program initiatives, including
Dialectical Behavioural Therapy (DBT) and Psychosocial Rehabilitation, that CSC has
put in place to enable a more uniform approach to the problem [of mental health] within
its women’s facilities.” The SLE provides a consistent approach in addressing many
mental health issues with its dedicated staffing model and targeted mental health
interventions (DBT and Psychosocial Rehabilitation). Women offenders living in general
populations or who have previously resided in the SLE also have the opportunity to
benefit from these interventions. The Panel was impressed by the SLE operating at Nova
Institution for Women.
Notwithstanding the SLE’s positive impact, addressing the needs of women offenders
with more significant mental health concerns remains a challenge. The Expert Committee
acknowledged this and noted that although CSC is committed to meeting these
challenges, significant resources are required to fully address these critical issues. The
Panel witnessed challenges providing many types of mental health services, with both
men and women offenders, and strongly supports the need for increased resources for
mental health services to women offenders.
Human Resources
The Glube report recommended “CSC put a human resource strategy in place to support
its women’s corrections work force needs.” This work has begun and CSC’s recently
promulgated National Human Resource Strategy will provide the foundation for the
development of a specific human resource strategy for the women’s portfolio.
Strengthening Community Transition Services for Women
Despite some progress on women’s community corrections, the Glube report found that
CSC “is primarily focused on women’s custody with less emphasis on the kind of
community development initiatives that would directly support safe reintegration for
women.” The report also noted that significant challenges persist in providing a
continuum of transition services for women offenders. The Expert Committee
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Report of the Correctional Service of Canada Review Panel
recommended that “CSC make women’s community corrections a higher priority in order
to increase opportunities for successful reintegration into the community.”
CSC is enhancing its Community Strategy for Women Offenders, which was supported
by the Expert Committee.
Effective community corrections for women offenders requires an integrated approach
involving advocacy groups, police, addictions and mental health experts, Aboriginal
Elders, and public and non-governmental organizations. The Expert Committee
suggested that “CSC needs to focus more effort on building its community capacity to
improve release opportunities for women and expand support for the women under
conditional release.” The report also noted that “more focused attention is needed to
expand the network of Private Home Placements and alternative accommodations for
women, particularly those in remote areas.”
The Panel agrees with the Expert Committee’s recommendation and believes there is a
critical need for increased community infrastructure to facilitate community transition for
women offenders.
Isabel McNeill House
Isabel McNeill House (IMH), a 10-bed facility in Kingston, Ontario, is CSC’s only standalone minimum-security women’s facility. Opened in 1990, it provided another option
for minimum-security accommodation for women offenders when the Prison for Women
was operational. However, the need for IMH decreased significantly when the Prison for
Women closed in 2000 and was replaced by women’s penitentiaries housing multiple
levels of security. On February 19, 2007, CSC announced that it would be closing IMH
since it had “reached its limitation as a cost-effective and viable facility and it would not
be responsible to spend the significant amount of funds required to keep the facility
operational when other options exist.”34 This decision is currently being challenged in the
courts on behalf of the women offenders who reside there, and therefore, it would be
inappropriate for the Panel to comment at this time.
34
CSC Ontario Regional News Release, “Closure of Isabel McNeill House,” February 19, 2007.
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RECOMMENDATIONS
26.
The Panel, overall, endorses the recommendations contained in the report
“Moving Forward with Women’s Corrections.”
27.
The Panel recommends that a strong functional role for the Senior Deputy
Commissioner, Women be maintained.
28.
The Panel endorses the approach used for women with mental health issues and
was impressed by the Structured Living Environment (SLE) and recommends
that the model should be considered for adaptation to men’s corrections.
29.
The Panel recognizes the importance of an independent review of the status of
Women’s Corrections in Canada and recommends that the recommendations of
the Glube Report should form the basis of a formal review in five years.
(viii)
Aboriginal Offenders
In this section, we focus our recommendations on the need for CSC to be responsive to
the disparities between Aboriginal and non-Aboriginal offenders through appropriate,
Aboriginal-specific measures. The following chart identifies the recommendations made
by the Panel.
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Report of the Correctional Service of Canada Review Panel
Aboriginal
Aboriginal Offenders
Offenders--First
First Nations,
Nations, Métis,
Métis, Inuit
Inuit
Review of Mental Health
Assessment at Intake
Make employment the
‘Number One Priority”
Engagement of Aboriginal
Communities and Organizations
Aboriginal Horizontal Framework
Expansion of
Pathways Units
Institutions
Promote Awareness/
Understanding by
NonNon-Aboriginal Staff
Community
Collaboration with
Territorial Authorities
Correctional/
Correctional/ Mental
Mental Health
HealthInterventions
Interventions
Employability/
Employability/ Employment
Employment
Traditional
Traditional Healing
HealingPath
Path
Investment in Correctional
Programming
Aboriginal
Aboriginal Staff
Staff
Rural
Reserves
Areas
Urban
Centres
The
North
A Reasonable Balance
Between Correctional
and Healing Interventions
Organizational Structure/
Functions and Funding
of Healing Lodges
(Employment)
Reference
Recommendations
On Work
Enhance Recruitment , Retention
Review Roles/ Responsibilities of
Organizational Structure/
and Development of Aboriginal Staff Elders, Aboriginal Liaison Officers and
Functions and Funding
Aboriginal Community Development Officers
of Halfway Houses
(Employment)
Measurement of Results
Investing in Aboriginal Corrections
CSC is at a critical juncture in developing the infrastructure (both physical and
interventions and services) necessary to move forward with its strategic plan. CSC must
continue to be responsive to disparities between Aboriginal and non-Aboriginal
Canadians in the context of initiatives to be undertaken by governments and Aboriginal
organizations. Creating the conditions for success requires a more seamless approach
with all stakeholders, while respecting the aspirations of Aboriginal people, the
jurisdictional mandates of governments, and the needs of Aboriginal offenders and their
communities.
There is an urgent need for broader implementation of Aboriginal-specific interventions,
and significant investment is needed over the next five years. It should be noted that not
all Aboriginal offenders will choose to follow a traditional healing path—some will
choose to participate in mainstream correctional interventions. Others, particularly those
associated with gangs, may resist any type of involvement, requiring concerted efforts to
motivate them to change. CSC must ensure that the implementation of the Continuum of
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Care model takes these options into consideration, focuses on addressing the needs of
Aboriginal offenders and their communities, and is fully integrated with CSC’s priorities.
As expressed to the Panel by Donna Duvall of the Canadian Human Rights Commission:
It is positive that the Service in its 2007–2008 RPP [Report on Plans and
Priorities] recognized the unique background and needs of First Nations on
reserve, First Nations off reserve, Métis and Inuit offenders. However, this
needs to be translated into concrete action, one of which is ensuring that all
Aboriginal offenders have access to cultural practices and ceremonies, such
as the use of sweat lodges and smudging.35
There is increasingly less capacity to meet the needs of Aboriginal offenders because of
the growing numbers of Aboriginal offenders. A critical issue for CSC is maintaining
these initiatives through appropriate measures and adequate funding.
Horizontal Collaboration
Greater horizontal collaboration and coordination is essential for CSC to effectively
assess the impact of federal initiatives on Aboriginal corrections and to integrate
correctional considerations into federal policy making. The federal Aboriginal Horizontal
Framework identified 34 federal departments and agencies involved in program and
service delivery in areas such as Aboriginal governance, health, housing, and
employment. CSC must prepare for the next juncture in Aboriginal corrections—the
further transfer of care and custody for Aboriginal offenders to communities. Broad
government direction on relationships with the North will also dictate how this next stage
proceeds.
CSC should continue to engage Aboriginal communities and First Nation, Métis and Inuit
organizations.
35
“The Canadian Human Rights Commission’s Appearance before the Correctional Service of Canada
Review Panel,” August 7, 2007, page 8.
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The Panel heard from the Congress of Aboriginal Peoples that:
Aboriginal organizations and communities require the opportunity to be
involved in supporting offenders, research, policy development and the
identification of options and solutions.36
There is a requirement to assist Aboriginal communities, including tribal and band
councils, in understanding their responsibilities to maintain contact with Aboriginal
offenders during their incarceration, and to actively participate in the supervision and
support of these offenders during conditional release. A primary objective for Aboriginal
communities must be the employment of offenders returning to their communities.
In the North, CSC should develop a blueprint for the effective and integrated
management of territorial and federal offenders, based on a set of mutually accepted
goals and guiding principles that respect that each jurisdiction has unique challenges and
opportunities and is at a different stage in its social, political and economic development.
Joint interests and initiatives should continue to be managed through Exchange of Service
Agreements.
Human Resource Capacity
CSC is to be congratulated as being the second-largest federal public service employer of
Aboriginal people. However, CSC can further contribute through enhanced:
a)
recruitment, retention and development of Aboriginal people; and
b)
awareness and understanding by non-Aboriginal employees of Aboriginal realities,
and tools to work more effectively with Aboriginal people and their communities.
CSC should ensure that Aboriginal staff are hired as correctional officers and parole
officers and for management positions in penitentiaries and communities where
Aboriginal representation is high. CSC should also use existing programs, such as
Interchange Canada, to support staff exchanges between national Aboriginal
organizations and CSC.
36
“Brief to the Panel Review of CSC Operational Priorities, Strategies and Plans,” Congress of Aboriginal
Peoples, May 2007, page 1.
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CSC should implement cultural competency training for non-Aboriginal staff, to give
them the tools to work more effectively with Aboriginal offenders and communities.
Aboriginal Elders and Aboriginal Liaison Officers will continue to play a critical role in
providing spiritual and cultural services, and in reconnecting offenders with their families
and their communities. CSC should review the roles and responsibilities of these
positions to ensure a better balance between initiatives that support spiritual growth
(healing) and initiatives that develop practical skills.
Aboriginal Community Development Officers (ACDOs) are also critical in supporting
Aboriginal communities as they build capacity to participate in the reintegration process.
More of these positions are needed and their activities should be specifically focused on
working with reserves and other Aboriginal communities that are actively supporting
reintegration and employment of offenders.
In light of the growing need for these positions, CSC should revisit resource indicators to
identify future requirements.
Healing-based Correctional Programs
According to evaluation information, Aboriginal offenders are more likely to engage in
and complete programs that are relevant to their life experiences and needs. Research has
identified the need for healing-based programs designed for and preferably delivered by
Aboriginal people. This premise has formed the basis for partnerships with Aboriginal
organizations to develop and pilot seven national Aboriginal correctional programs. Their
content reflects not only the requirements of CSC but also the teachings of the Elders. It
is essential to engage Elders in delivering these correctional programs to ensure they
integrate traditional teachings that are appropriate for the diverse needs of Aboriginal
offenders. CSC should examine its program framework to ensure there is a reasonable
balance between correctional and healing interventions. Although a continuing emphasis
must be placed on programs addressing violent behaviour, particularly family violence,
and on those that address the management of alcohol and drug abuse, CSC must also
identify what resources are required to enhance employability and employment initiatives
for Aboriginal offenders.
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Report of the Correctional Service of Canada Review Panel
Preliminary evaluations have also identified the need for community-based maintenance
programs that will allow Aboriginal offenders to sustain progress after release and
beyond their sentences.
Developing a contingent of trained and qualified Aboriginal Program Delivery Officers
and Aboriginal Elders will ensure program integrity is maintained while enhancing the
cadre of individuals capable of delivering these programs in penitentiaries or in the
community.
Aboriginal Employment
As pointed out earlier, the key challenge facing Aboriginal offenders is reintegrating back
into their communities. This challenge becomes even more difficult when they also have
to find employment, and when they have migrated from their communities to large urban
centres. CSC cannot resolve these socio-economic challenges, but can assist in the
transition by working closely with Bands and Councils.
In Section (e) Work—Employability and Employment, the Panel noted that Aboriginal
offenders lack the employability skills required to find and keep a job. A series of
recommendations has been proposed to respond to these gaps. The Panel recommends
that employment be one of the highest priorities for CSC with respect to supporting
Aboriginal offenders in returning to the community. The Panel encourages CSC to make
greater use of Elders in working with offenders to enhance their employability skills.
Pathways Healing Units
Currently, there are seven funded Pathways Healing Units providing 200 beds at
medium-security penitentiaries. These units have provided positive benefits: they provide
alternative accommodation for Aboriginal offenders who want to disassociate themselves
from gangs and/or actively follow their correctional plans in a supportive, healing
environment.
Debra Hanuse, A/Director of the Law & Legislation Unit of the Assembly of First
Nations, expressed the organization’s support for this program:
Given the success of the Pathways Aboriginal Population Management
Strategy in lowering rates of recidivism among First Nations inmates, we
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strongly support CSC plans to expand Pathways Healing Units to all
regions in both men’s and women’s institutions.37
There are more than 2,500 Aboriginal offenders across Canada. In response to growing
demands for broader implementation of these units, CSC should develop a fully
integrated ‘pathways model,’ supported by a business case that identifies what resources
are needed to transition offenders from maximum to medium security, from medium to
minimum security, and finally to conditional release in the community.
Community Engagement
Mobilizing community capacity to develop a more holistic response to Aboriginal
victimization and offending has significant potential to contribute to the broader
government public safety agenda.
Nine ACDOs have been successfully increasing community engagement in correctional
planning, release decision making and community supervision, in accordance with
Section 84 of the CCRA.
The Panel believes that unique approaches are required to support the release of
Aboriginal offenders to reserves, rural areas and urban centres. Each poses unique
challenges, given the variations in infrastructure, supervision and intervention, and the
capacities of Aboriginal communities. In preparing the Aboriginal offender for release
and developing a comprehensive community reintegration plan these variations should be
differentiated. In order to develop a longer-term strategy on community release, CSC
should re-examine the interrelationships among the use of CCRA Section 81 (Healing
Lodges) and Section 84 Agreements (supervision by an Aboriginal community) and the
use of community correctional facilities. This review should include the role of these
release alternatives in supporting the Aboriginal offender in seeking, finding and keeping
a job.
The Panel believes that community residential facilities (halfway houses), dedicated to
the supervision and support of Aboriginal offenders, particularly in urban centres, serve
37
“First Nations’ Perspectives on Services and Programs for First Nations Men and Women in the Criminal
Justice System,” Submission to the CSC Review Panel, Assembly of First Nations, June 11, 2007,
page 13.
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Report of the Correctional Service of Canada Review Panel
an important and effective role in allowing offenders to transition from the penitentiary to
the community. CSC should ensure that resources are available to support and expand
these houses to meet the needs of Aboriginal offenders released to urban centres.
CSC should review the organizational structure and operational functions of its healing
lodges, and ensure that qualified Aboriginal staff apply for employment and continue
working in healing lodges. A key goal should be to determine if classifications are
adequate, and if resources are adequate to hire, develop and train Aboriginal staff.
Healing lodges must continue to be an integral part of the Aboriginal community’s
commitment to safe reintegration.
The impact of earned parole should be reviewed with respect to the roles and
responsibilities of Aboriginal halfway houses in the community. CSC should review the
current funding formula to ensure it provides a stable funding base that fully responds to
operational requirements.
Northern Strategy—Inuit Offenders
The Panel believes that CSC must consider how to enhance the continuum of culturally
appropriate interventions that address the specific needs of First Nations, Métis, and Inuit
offenders, and effectively support the movement of offenders from the South to the
North. Through partnerships with provincial, territorial and Aboriginal groups, every
effort should be made to supervise offenders close to their communities, and to respond
to the unique challenges and opportunities in the northern jurisdictions.
Jennifer Dickson, Executive Director of Pauktuutit Inuit Women of Canada told the Panel
that:
The link between the community and CSC needs improvement. Most Inuit
offenders return to their communities after their release, this is a given. That
is why it is vitally important that Inuit communities are involved in the
reintegration of Inuit offenders back into the community from the start of
their incarceration.38
38
“Submission to the Correctional Service of Canada Review Panel,” Pauktuutit Inuit Women of Canada,
June 4, 2007, page 8.
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A Roadmap to Strengthening Public Safety
CSC should continue to share its program methodologies with northern jurisdictions and
should assist in adapting the methodologies to community transition in the North. Finally,
CSC should re-examine the profile of its federal offender population from the North,
particularly the national Inuit population, to better understand their demographic,
criminogenic and behavioural needs in the context of penitentiary and community
initiatives.
Aboriginal Mental Health
Many Aboriginal offenders arrive in federal penitentiaries with significant mental health
problems. The Panel recognizes that particular attention must be given to offenders,
particularly Aboriginal offenders, with mental health disorders caused by the effects of
Fetal Alcohol Spectrum Disorder (FASD). The Panel has made a recommendation in
Section (iv) Mental Health to address this issue. The Panel emphasizes that CSC requires
funding so that it can work jointly with academic researchers and Health Canada to
develop a better understanding and response to FASD in a correctional setting. The Panel
refers CSC to the work being implemented at the University of Saskatchewan and at the
Fort Saskatchewan Correction Centre.
RECOMMENDATIONS
30.
The Panel recommends that employment be the first priority in supporting
Aboriginal offenders in returning to the community.
31. The Panel recommends that, as the second-largest federal public service employer
of Aboriginal people, CSC should:
a) enhance recruitment, retention and development of Aboriginal staff,
particularly in correctional officer, parole officer and management positions
in CSC penitentiaries and in communities where Aboriginal representation is
high;
b) ensure that Aboriginal staff can demonstrate their knowledge and awareness
of the particular challenges facing Aboriginal people on reserve and in
Aboriginal urban communities; and
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Report of the Correctional Service of Canada Review Panel
c) promote awareness and understanding of Aboriginal life among nonAboriginal employees, and provide them with the tools and training to work
more effectively with Aboriginal people and communities.
32.
The Panel recommends that CSC make resources available to respond to the
specific needs of Aboriginal offender populations, such as further investment in
correctional programming tailored specifically to their needs.
33. The Panel recommends that CSC achieve a balance between correctional and
healing interventions, and ensure that programming emphasis be placed on
managing drug and alcohol problems, managing anger, and using conflict
resolution.
34. The Panel also recommends that CSC ensure it can measure the results of these
programs effectively, so that it can demonstrate to Aboriginal communities that
Aboriginal offenders have addressed their problems and can rejoin their
communities.
35.
The Panel recommends that employment be CSC’s first priority in supporting
Aboriginal offenders’ return to their communities. The Panel recognizes the
importance of other program interventions to address the behavioural and skills
deficits of Aboriginal offenders, but recommends that CSC achieve a better
balance in providing these programs.
36.
The Panel recommends that CSC review its approach to mental health
assessments of Aboriginals at intake and ensure effective screening techniques
are in place.
37. The Panel recommends that the number of Aboriginal Community Development
Officers should be increased to work with Aboriginal communities and support
local Aboriginal offender employment.
38.
The Panel recommends that Pathways Units be expanded in CSC penitentiaries
to meet the requirements of Aboriginal offenders where warranted, and that these
“Pathways Units” have a job-readiness components.
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39.
The Panel recommends that CSC continue to work with Aboriginal communities
and First Nations, Métis and Inuit organizations, with the primary objective of
securing employment for offenders returning to their communities.
40. The Panel recommends that CSC review the organizational structure and
functions of its Healing Lodges in order to ensure that it can attract qualified
Aboriginal staff.
41. The Panel recommends that CSC review its funding structure to ensure it can
fully respond to the operational requirements of Healing Lodges.
42.
The Panel recommends that CSC add job-readiness responsibilities for Healing
Lodges in the context of the recommendations on employability and employment.
43.
The Panel recommends that CSC seek resources to support and expand
Aboriginal halfway houses, particularly with respect to support Aboriginal
offenders in seeking employment.
44.
The Panel recommends that CSC continue to advance its collaboration with the
territorial authorities in addressing the unique needs of offenders, particularly
Inuit offenders, returning to northern communities.
(ix)
Ethnocultural Offenders
In this section, we emphasize the requirement for CSC to be responsive to the needs of
ethnocultural offender populations, ensuring that our full slate of recommendations take
these groups into consideration, where applicable.
CSC recognizes the cultural diversity present in its populations and the challenge of
ensuring the cultural appropriateness of programs and services. CSC also recognizes the
important contributions of ethnocultural communities in preventing crime and the safe
reintegration of offenders into the community
RECOMMENDATIONS
45. The Panel recommends that the unique needs of ethnocultural offender
populations be considered wherever applicable in the Panel’s full slate of
recommendations.
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Report of the Correctional Service of Canada Review Panel
46.
(x)
The Panel recommends that CSC continue to work with ethnocultural
communities to ensure every means and resource is used to respond better to the
needs of an increasingly diversified offender population.
Mental Health
The pervasiveness of mental health disorders among offenders requires ongoing support
for the development and implementation of an integrated institutional/community mental
health strategy. Here, we identify the elements of the support we feel is required. The
chart that follows describes the elements of the enhanced, integrated mental health
services delivery model. It summarizes recommendations made by the Panel.
Mental
Mental Health
Health
Inside
Inside the
the Walls
Walls
Admission
Transition
Transition
Earning Parole Eligibility
Day/ Full Parole
Linkages with Federal/ National Initiatives
to Address Mental Health Issues in Canada
Use of Structured Living Environment
Review of Facilities to Ensure
and Dialectical Behavioural Therapy
Effective Treatment and
Models in Men’s Institutions
Accredited Structures/ Approaches
Systematic/ Comprehensive
Assessment at Intake
Structured Day
Institutional
Units
Comprehensive
Intake Assessment
Integrated Mental Health Services
Correctional
Correctional
Plan
Plan
Employability
Employability
Assessment
Assessment
Treatment
Centres
Basic
Core
Adult
Education Programs
Integrated
FASD
Research
Resource Support
Training/ Development
Primary/
Acute
Employability
Intermediate
Care
Care
And
Ongoing Life Cycle
(Post WED)
Exchange of Service Agreements
with Federal, Provincial, Territorial
Jurisdictions
CSC
Shared
Treatment
Governments
Services Governments
Centres
CCC’s
Acute/ Specialized Care/
Clinical Services
Structured Leisure Time
Mental
MentalHealth
Health
Assessment
Assessment
Outside
Outside the
the Walls
Walls
Mental Health
Comprehensive
Release Planning
Communities
Communities
Integrated/ Continuing
Mental Health Services
Special Employment
Partners
Employment Work
Increased Use of
Contracted/ Volunteer
Service Providers
Community Reintegration
Facilities
Community Service Providers
Assessment,
Assessment,Treatment,
Treatment,
Interventions,
Interventions,
Specialized
SpecializedCare
Care
Volunteers
Volunteers
NGO’s
NGO’s
Other
OtherSupport
Support
Groups
Groups
Multi-disciplinary Staff
Multi
Multi-disciplinary
Staff
Partnerships:
Partnerships:
Governments,
O’s, Communities,
NG
Governments,NGO’s,
NGO’s,
Communities,Academic
Academic(Research)
(Research)
Permanent Funding
The Panel would like to highlight that we were very impressed with CSC’s efforts across
the country to deal with offenders with mental health issues, some of whom were quite
acute and hence resource-intensive. Managing a growing population of offenders with
mental health needs has placed a burden on the federal prison system that is proving
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A Roadmap to Strengthening Public Safety
costly in many ways. The Panel would like to state that it is frustrating to see that CSC
has had to create its own internal health care system; in particular, operate a very resource
intensive mental health system in order to provide offenders with the services and
interventions that they require.
The penitentiary component of the mental health model the Panel is recommending is
different in that it:
•
places emphasis on a more comprehensive mental health assessment at intake;
•
suggests increased integration of program interventions and mental health treatment
initiatives in the correctional plan;
•
supports ongoing training for mental health programs;
•
proposes increased integration of interventions used for women and men offenders;
•
places emphasis on strengthening the delivery of primary and intermediate care in
penitentiaries and acute care in treatment centres;
•
proposes stronger integration of mental health treatment initiatives with other
community reintegration initiatives as a part of a comprehensive release plan;
•
supports the increased use of contracted and volunteer service providers in the
community; and
•
suggests the current Mental Health Strategy be extended into the development of
Exchange of Service Agreements with Federal, Provincial and Territorial jurisdictions
in order to provide services to federal and provincial offenders at the end of their
sentences.
Community Mental Health Initiative
The Panel has reviewed CSC’s Community Mental Health Initiative, funded at
$29.5 million for 2005–10. The Panel endorses the initiatives identified by CSC and
believes that CSC must better prepare offenders with serious mental disorders for release
into the community by strengthening the continuum of specialized mental health support
from incarceration to the community. The initiatives should enhance the level of services
available to released offenders by improving discharge planning prior to release and by
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Report of the Correctional Service of Canada Review Panel
providing clinical services by community mental health nurses and clinical social
workers at selected parole area offices and community correctional centres.
As previously mentioned, the pervasiveness of mental disorders among offenders is a
serious concern for CSC. Mental disorders occur in the offender population much more
frequently than in the general public, and are more common among women offenders
than among men. Many offenders have more than one mental health problem and often
they also have substance abuse problems that only heighten their mental health needs. In
many cases, the substance abuse has directly contributed to their committing the crime
that resulted in incarceration. Furthermore, substantial numbers of offenders require
special mental health services for organic brain problems, such as those caused by Fetal
Alcohol Spectrum Disorders (FASD), dementia or injury. Considering the prevalence of
mental health issues, it is not surprising that suicide rates among federal offenders in
Canada are substantially higher than among the comparably aged general public.
Mental health issues become a serious challenge to CSC as they compromise its ability to
fulfill its mandate of protecting the public and strain its capacities to care for offenders
and safely reintegrate them. The Panel was told that federal offenders with mental health
needs have only minimal services in the community, thus further impeding their safe
reintegration. This problem will only grow as the demand for mental health services in
communities far exceeds available capacity.
CSC’s system for providing mental health care to offenders has several serious
deficiencies, all related to a lack of resources:
•
a lack of ongoing training for mental health professionals and correctional staff has
prevented CSC from capitalizing on new developments in assessing and treating
mentally ill offenders;
•
the inconsistency of mental health assessment at admission has delayed diagnosis of
offenders, thus preventing effective treatment planning and appropriate placement;
•
insufficient primary mental health care for offenders has meant that offenders needing
treatment often do not receive appropriate treatment, except in crisis. Many are then
segregated because they are unable to cope in a regular penitentiary setting, but
segregation further limits their access to programming or treatment;
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A Roadmap to Strengthening Public Safety
•
inadequate resourcing of treatment centres, which has led to a deterioration in the
treatment centres’ ability to provide a full spectrum of professional mental health
care;
•
a failure to provide support services in the community for mentally ill offenders after
release, which contributes to recidivism and therefore further exacerbates the
problem.
CSC has developed a comprehensive plan to address these deficiencies. The goal is to
enhance its capacity to address the mental health needs of offenders, both within
penitentiaries and in communities. The Mental Health Strategy, approved in 2004, sets
out the following objectives:
Mental Health Screening and Assessment: To ensure that all offenders receive
an adequate mental health screening when they enter the correctional system,
and that those showing disorders promptly receive a full assessment and an
individualized mental health treatment plan.
Primary Mental Health Care: To provide coordinated and comprehensive mental
health care to offenders within the regular penitentiary setting, including
psychological assessment and management, treatment, crisis intervention,
personal support, information about illness, prevention measures and health
maintenance.
To achieve this objective, every penitentiary should have both a team of mental
health care professionals and correctional staff who are trained to respond
appropriately to offenders with mental disorders.
Intermediate Care Mental Health Units (ICMHUs): To provide, intermediatelevel care in correctional penitentiaries for men offenders whose mental health
problems are not severe enough to require in-patient care in a psychiatric
facility, but who nevertheless need safe, structured environments that offer
supportive care instead of punitive responses to their behaviour. CSC’s goal is
to create ICMHUs in approximately 25% of the penitentiaries for men. (Note
that intermediate-level care for women has already been addressed through the
structured living environments.)
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Report of the Correctional Service of Canada Review Panel
Mental Health Treatment Centres: To upgrade the services provided by CSC’s
treatment centres to offenders with severe mental health problems to a level
equivalent to community forensic psychiatric hospitals, while ensuring that
correctional security requirements are met.
Mental Health Support in the Community: To ensure that offenders requiring
mental health services are prepared for reintegration and receive the necessary
support during conditional release, and that offenders are prepared for transition
to the community mental health system at the appropriate time with no loss of
support.
The goal is to build on programs and treatments that the offender received in the
penitentiary to ensure ongoing stability.
The Panel notes that the Community Mental Health Initiative, funded for five years in
late 2005, has begun to enhance the level of services available to released offenders by
improving discharge planning prior to release, by providing clinical services through
community mental health nurses and clinical social workers at selected parole offices and
community correctional centres, by providing services for the specialized needs of
offenders with mental disorders (e.g., psychiatric assessments and interventions, living
skills, employment, housing, etc.) and mental health training for all frontline staff at
parole sites that have an identified need in this area.
The goal of the initiative is to provide the necessary support to offenders with mental
health needs to help them transition successfully from the penitentiary to the community,
to provide services to enhance their reintegration, and to improve continuity of services
as their care shifts from CSC to provincial mental health systems.
Budget 2007 provided two-year funding for the remaining elements of CSC’s Mental
Health Strategy. The short-term funding has been a positive step in correcting the
deficiencies in CSC’s capacity to address the mental health needs of its offenders. During
the next two years, CSC plans to add mental health screening and assessment to the
admission process at all reception centres, to enhance primary care by placing teams of
psychologists, psychiatric nurses, and other mental health professionals into selected
penitentiaries, and to increase psychiatric resources at treatment centres.
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A Roadmap to Strengthening Public Safety
As well, resources will be allocated to train mental health professionals and correctional
staff, to attract health professionals through an aggressive recruitment campaign, and to
test initiatives such as telemedicine and telepsychiatry.
The outcome of these initiatives is expected to be the attainment of the objectives
associated with each element—effective mental health assessment at admission,
comprehensive primary care, and a full range of mental health care in treatment centres
for the most serious mental disorders, and effective mental health services to offenders in
the community.
Assuming that demand for mental health services does not rise disproportionately beyond
the current level, the full implementation of the Mental Health Strategy should provide
adequate access to mental health services for offenders who require them. This should
have a significant positive impact on offenders, on the safety and security of
penitentiaries, and on public safety, as more offenders with mental health disorders
reintegrate successfully into the community.
As positions become staffed, the resources allocated for community mental health
services will have an increasingly positive impact offenders with mental health needs on
conditional release—improved discharge planning, increased support of mental health
professionals in the community, and improved continuity of care. This process will also
establish links to appropriate provincial mental health services for offenders nearing the
end of their sentences, when CSC’s involvement ends.
Similarly, as the recent resources to fund the other elements of the strategy are deployed,
significant improvements should be seen in identifying, assessing, and treatment planning
at admission for offenders with mental health disorders, followed by improved mental
health services, both in regular penitentiaries and in treatment centres.
However, the funding provided has been allocated only for the immediate future with no
assurances of ongoing, permanent funding in the longer term. This has precluded the full
implementation of the strategy, and will likely hinder CSC’s efforts to effectively apply
the resources.
For example, on the basis of this funding it will be very difficult for CSC to offer
permanent positions to health professionals who are hard-to-recruit and in short supply.
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Report of the Correctional Service of Canada Review Panel
The Panel met with Drs. John Bradford, Associate Chief, Integrated Forensic Programs,
Royal Ottawa Health Care Group, and Pierre Tessier, Clinical Director, Secure Treatment
Unit of the St. Lawrence Valley Correctional and Treatment Centre, Brockville Jail. They
provided useful insights on assessment and the use of automated assessment tools. More
of these discussions should occur, particularly with staff at provincial treatment centres
who are working with provincial corrections to exchange best practices in the assessment
and treatment of offenders with mental health problems.
Some offenders in the community need specialized mental health interventions. Contracts
with professional practitioners in the community should address these specialized needs
(e.g., psychiatric assessments and interventions, living skills development). Structures are
also being put in place to train community staff in mental health issues.
The Panel recognizes that CSC has used federal funding opportunities to introduce and
enhance mental health services. At the same time, the Panel acknowledges that there is
still a serious gap in providing primary and intermediate care at the institutional level,
and that resources are required to bridge this gap. The Panel supports the development of
a mental health treatment environment within CSC penitentiaries that provides primary
and intermediate care in structured mental health units, supported by a team of mental
health care professionals and correctional staff trained to respond appropriately to
offenders with mental disorders. Such care must provide:
•
psychological assessment and management;
•
treatment;
•
crisis intervention;
•
personal support; and
•
information about illness, prevention measures and health maintenance.
CSC should therefore revisit its Mental Health Strategy to ensure that more
comprehensive assessments and measures are occurring at intake assessment that result in
treatment plans that are fully integrated with the offender’s correctional plan.
The Panel, while recognizing the need for broadened mental health services, is aware that
only interim funding has been provided, which has an impact on long-term planning. At
the same time, the Panel recognizes the need for CSC to demonstrate, through a formal
evaluation process, that the results of these initial efforts are providing effective
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A Roadmap to Strengthening Public Safety
responses to meet its legislative obligations to provide mental health care to offenders
over the longer term. The Panel recognizes that there is a serious gap in providing these
services and supports the development of a CSC strategy to deliver primary and
intermediate care that is fully integrated with federal mental health initiatives.
For women offenders with significant mental health needs, separate units have been
established at all five women’s facilities, with enhanced capacity for therapeutic
intervention. With respect to mental health care and treatment of women offenders, the
Panel referenced the observations of the report Moving Forward with Women’s
Corrections—The Expert Committee Review of the Correctional Service of Canada’s Ten
Year Status Report on Women’s Corrections, 1996–2006 (Glube Report, 2006). The
Panel notes the report’s positive reaction to the evolution of CSC’s mental health strategy
for women.
The Panel encourages CSC to ensure that the best practices identified for the treatment
for women offenders are fully considered in developing intermediate health treatment
units for men offenders.
Regional Psychiatric Treatment Centres
CSC currently has one treatment centre in each of the five regions, with bed space to
accommodate approximately 700 offenders. Four have the status of a psychiatric hospital,
and four are accredited. As well, the Regional Psychiatric Centre in the Prairies and the
Institut Phillipe-Pinel (a provincial facility) in Quebec both have units for intensive
treatment of women offenders.
Each treatment centre offers a range of mental health services to offenders with acute and
chronic mental health problems and/or requiring programming for sex offenders and
violent offenders. Services are provided by psychiatrists, psychologists, psychiatric
nurses, occupational therapists, social workers, and others. Over time, given regional
differences and various organizational constraints, different models of care have been
developed in the five regional treatment centres. Inadequate resourcing at some treatment
centres has led to a deterioration in the capacity to provide a full spectrum of mental
health care services that meet professional standards. The Panel visited centres in the
Ontario, Atlantic and Prairie regions and noted significant disparities among the
treatment centres in space availability, services provided, admission criteria, and
significant differences in physical conditions and work conditions.
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Report of the Correctional Service of Canada Review Panel
At the same time, the Panel notes that as acute care requirements continue to increase,
continuing deterioration threatens the accreditation of these facilities and their ability to
meet the standards of a community forensic psychiatric hospital.
The Panel notes that mental health treatment centres must be upgraded to a level of a
community forensic psychiatric hospital if they are to provide treatment to offenders with
severe mental health problems. At the same time, correctional security requirements must
be met.
The centres have developed various forms of shared service delivery agreements with
provincial and community service providers, to provide varying degrees of care to
offenders with acute mental health disorders and/or requiring specialized treatment. The
integrated academic–correctional model that has evolved at the regional treatment centre
in the Prairie Region provides an environment that fosters research while nurturing
treatment. However, after a review of the agreement that established the facility, the
Panel noted that it was outdated and requires significant amendment to comply with
current legislations, regulations and CSC policies.
Continuum of Care
A significant break in the continuum of care occurs when the offender reaches warrant
expiry and is no longer under the direct care of CSC. The Panel has already noted its
concern about the increasing role of the criminal justice system and particularly CSC in
identifying and treating mental health cases that would have otherwise been the
responsibility of provincial and territorial jurisdictions.
Public safety cuts across jurisdictional boundaries. It is clearly appropriate for CSC to
explore how it might work with provincial partners to maintain a continuity of service for
high-need offenders with mental health disorders both during and after the completion of
their sentences, with the goal of enhancing their stability and reducing the likelihood of a
return to the criminal justice system. Continuity of care is important, both during the
offender’s sentence and during the transition from sentence to post-warrant expiry status.
CSC provides services to offenders who are serving federal sentences, and when these
offenders’ sentences end, CSC’s responsibility for mental health is normally transferred
to the provincial health system.
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The Panel witnessed a break in the continuity of services in all regions that it visited, and
sees a real need to develop joint ventures with provinces or non-governmental
organizations to enhance the continuity of mental health services for offenders after they
are released into the community.
This sentiment was also expressed to the Panel by Patrick Altimas, Director General of
the Association des services de réhabilitation sociale du Québec:
The major problem when it comes to mental health is the lack of liaison
between correctional services and health services, which operate under
provincial jurisdiction … We believe that CSC should form even stronger
ties with resources in the various [jurisdictions] in order to ensure services
are provided beyond the warrant expiry date.39
Fetal Alcohol Spectrum Disorder (FASD)
Of particular interest to the Panel is the identification and treatment of offenders,
particularly Aboriginal offenders, with Fetal Alcohol Spectrum Disorder (FASD), an
array of mental disorders that result from fetal brain damage caused by the mother’s
substance abuse and addiction during pregnancy. A presentation and written brief to the
Panel by the First Nations and Inuit Health Branch of Health Canada raised concerns
about the capacity of the criminal justice system to provide appropriate treatment to
offenders with FASD.40 It was noted that individuals with FASD challenge the notion of
criminal responsibility, given that FASD limits an individual’s ability to form intentions
and to understand and predict the consequences of his or her behaviour.
The Panel notes that CSC must engage specialists in this area to come to a better
understanding of the approach that it should take. The Panel is aware of research at the
University of Saskatchewan in conjunction with CSC’s Regional Psychiatric Centre. The
Panel encourages the expansion of these initiatives with other regional and national
initiatives.
39
Submission to the CSC Review Panel, Association des services de réhabilitation sociale du Québec, June
8, 2007, page 6.
40
“Written brief prepared for the Correctional Service of Canada Review Panel,” First Nations and Inuit
Health Branch, Health Canada, May 2007, pages 4 & 5.
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Report of the Correctional Service of Canada Review Panel
This is also encouraged by the Canadian Human Rights Commission who told the Panel
that CSC should:
give priority to this research so that assessment, management and
programming strategies can be operationalized as soon as possible. We
would note that this can only be achieved by the provision of the necessary
funding for this work.41
Recruitment/Retention of Mental Health Professionals
The Panel recognizes that CSC has received interim financing over the next two years to
fund an aggressive recruitment campaign to hire psychologists, nurses, and psychiatrists.
While this campaign will help with recruitment, it does not address the issue of retention.
Frequently, health professionals leave CSC for more attractive work opportunities and
they are difficult to replace.
The reality is that work in penitentiaries is usually not seen as an attractive option for
most health care professionals because of the working conditions, the bureaucracy, the
clientele, a lack of professional development opportunities, and the level of compensation
(which is often lower than what other employers pay for comparable work). The Panel
notes that a joint labour–management working group is currently developing approaches
to improve the recruitment and retention of health professionals.
The Panel recommends that the observations and recommendations of this group be
merged with the development of an integrated professional staff development and
training strategy that maintains professional knowledge with current new developments
in assessment and treatment, and provides training for correctional staff to supervise and
interact appropriately with offenders with mental disorders.
Community Care
The Panel recognizes the importance of mental health support in the community to ensure
that offenders continue with treatment and receive support after their sentences.
41
“The Canadian Human Rights Commission’s Submission to the Correctional Service of Canada Review
Panel,” June 11, 2007, page 10.
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A Roadmap to Strengthening Public Safety
CSC has one specialized community correctional facility for offenders with mental health
needs, Martineau Community Correctional Centre in Montreal. A small number of
community residential facilities, including the Centre residentiel correctionnel Madeleine
Carmel in Montreal, provide specialized care. Aside from this, the Community Mental
Health Initiative provides some mental health support to offenders on conditional release
through CSC psychologists working in district offices, supplemented by contracted
psychiatric and psychological services offered at parole offices, community residential
facilities and directly in the community.
RECOMMENDATIONS
47.
The Panel recommends that the ‘bridge funding’ approved by Treasury Board for
CSC’s Mental Health Strategy be provided permanently to CSC so that they can
implement and maintain its mental health initiatives and meet legislative
obligations.
48.
The Panel recommends the delivery of mental health services is identified as a
critical factor in the Government’s public safety agenda in order to blend CSC
initiatives with federal and national initiatives.
49.
The Panel recommends that Health Canada formally recognize the importance
addressing the mental health problems of offenders and strongly encourages the
newly established Mental Health Commission to include mentally ill offenders as
one of its priorities.
50. The Panel therefore recommends that a comprehensive and recognized mental
health assessment system be incorporated into the intake assessment process, so
that a treatment strategy that is fully integrated with programming can be
developed.
51. The Panel recommends increasing the use of contracted and volunteer service
providers and the resources required to support their work in assisting offenders
under conditional release in the community.
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Report of the Correctional Service of Canada Review Panel
52.
The Panel strongly supports the concept of the Structured Living Environment
(SLE) for women offenders and recommends extending this approach to the
treatment of men offenders.
53.
The Panel recommends that particular attention should be given to the impact of
the effects of Fetal Alcohol Spectrum Disorder (FASD), particularly for
Aboriginal offenders.
54. The Panel recommends that, because of the variety of ‘models’ that have been
implemented by each of CSC’s regions, CSC should conduct a review of its
Regional Psychiatric and Treatment Facilities to ensure the most effective and
accredited structures and approaches are in place to meet regional needs for the
treatment of acute mental health and special needs cases.
55. The Panel recommends that the Review consider the overriding management
principle that treatment and operational requirements should take place in the
context of a “penitentiary within a hospital setting rather than a hospital within a
penitentiary setting” so that a strategy and business case supporting the
development of these facilities over the next five years can be developed.
56.
The Panel recommends that CSC consult with other correctional jurisdictions on
their ‘best practices’ related to the assessment and treatment of offenders in
mental health treatment centres.
57.
The Panel recommends that CSC work with federal, provincial and territorial
correctional and health officials to identify ways to introduce and/or expand
exchange of service agreements to provide mental health support in communities
to both federal and provincial offenders after the end of their sentences.
58.
The Panel recommends that CSC be provided with the funding to keep its
professional mental health staff current with new developments in assessment
and treatment, and provide for the training of correctional staff to effectively
interact with and supervise offenders with mental health problems.
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A Roadmap to Strengthening Public Safety
TRANSITION TO THE COMMUNITY
In this section, we examine the critical components that must be put in place to assist an
offender in making a successful transition from a penitentiary to the community. We focus
on the accountability of the offender to earn parole and further explore what this means
in terms of conditional release.
(a)
Comprehensive Community Reintegration Planning
The Panel reviewed current policies related to CSC’s Pre-release Decision-making and
the Release Process in the context of (i) recommendations on adopting an ‘earned parole’
approach; (ii) establishing offender accountability; (iii) building effective links between
penitentiary and community programming; (iv) building a stronger community link for
employment; (v) enhancing community infrastructure; and (vi) addressing the needs of
women and Aboriginal offenders, as well as offenders with mental health problems under
conditional release in the community.
The combined impact of these and other recommendations will influence the approach
taken by CSC to make pre-release decisions, prepare cases for consideration by the
National Parole Board and work with a variety of service providers (community
residential facilities, etc.) to plan the transition process for offenders.
The Panel believes that particular emphasis will have to be given to the following key
transition factors to ensure a comprehensive release plan is put in place, ensuring the
seamless blending of the offender’s institutional and community correctional plans:
a)
b)
c)
d)
clear statements of offender accountability with respect to expected behaviour in the
community;
focus on the need for the extension of correctional interventions that link
penitentiary program results with the identification of behavioural, educational and
employment programs in the community;
a well-defined approach to the definition and implementation of transitional
employment initiatives;
identification of mental health interventions consistent with penitentiary
assessments and available community service delivery infrastructure;
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Report of the Correctional Service of Canada Review Panel
e)
f)
clear linkages to the identification and responsibilities of community residential
facilities targeted to provide specialized accommodation and program service
delivery support in the community; and
description of conditions recommended to the National Parole Board by CSC.
The Panel suggests that the comprehensive release plan be developed as an accountability
contract between the offender and CSC with clearly defined expectations associated with
well-developed milestones for the duration of the conditional release period.
This will require a longer period of time for the preparation of the plan and should be the
result of a collaborative approach between institutional and community parole officers.
RECOMMENDATION
59.
(b)
The Panel recommends that community reintegration planning, for offenders
serving a fixed sentence, start at admission to ensure that focus is placed on
programming, education, employment, and mental health treatment.
Earned Parole
A proposal that a number of stakeholders, including the Ministry of Public Safety,
encouraged the Panel to consider the concept of earned parole.
The following chart summarizes the current eligibility milestones for presumptive release
to the community for offenders with fixed or determinate sentences.
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A Roadmap to Strengthening Public Safety
Sentencing
Sentencing Milestones
Milestones
(Fixed
(Fixed Sentences)
Sentences)
Warrant of Commitment
(Sentence Begins)
Eligibility for
Day Parole
Accelerated
Parole
Review
Six months prior to
Parole Eligibility Date
or six months of the
sentence, whichever
is more
Eligibility for
Full Parole
One third of the
sentence
or seven years,
whichever
Is less
Statutory Release
Two thirds of the
sentence
Offenders with
Warrant Expiry Date
LongLong-term
(End of Sentence) Supervision Orders
End of Sentence
Under CSC
Supervision
up to ten years
after
end of sentence
At the 1/ 6 th
point in the
sentence
(i)
Background
Parole is a form of conditional release that allows some offenders to serve part of their
sentences in the community under certain conditions. Parole is a privilege and not a right,
and is granted at the discretion of the National Parole Board (NPB).
The CCRA defines the purpose of conditional release as contributing to the maintenance
of a just, peaceful and safe society by means of decisions on the timing and conditions of
release that will best facilitate the rehabilitation of offenders and their reintegration into
the community as law-abiding citizens.
Under current legislation, an offender is eligible for a parole hearing by the NPB after
having served a certain portion of his/her sentence.
There are two forms of parole: Day Parole can be granted after an offender has served six
months of a sentence, or six months before full parole, whichever is later, with conditions
that require the offender to return daily to a penitentiary or a community-based residential
facility; Full Parole can be granted after an offender has served one third of a sentence or
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Report of the Correctional Service of Canada Review Panel
seven years, whichever is less, allowing the offender to be at large prior to the completion
of sentence. Statutory Release means release from imprisonment permitted by law subject
to supervision after an offender has served two-thirds of the sentence. The conditions
imposed by NPB may include residency in a community correctional centre.
Of all statutory release supervision periods in 2005–06, 6 in 10 were completed without
revocation; however, statutory release cases accounted for 79% of violent reoffending in
the community, while representing 35% of the conditionally released population.
According to CSC, the average profile of an offender who reoffends while on statutory
release is an Aboriginal male under 35 years of age, with low educational attainment (no
high school diploma), unemployed at arrest, with gang affiliation, serving a sentence of
less than three years usually for robbery. In addition, the typical offender tends to have a
history of substance abuse, a previous criminal history, a previous negative correctional
history (escape, segregation, revocation of parole), low program completion rates and
higher levels of imposed residency conditions at release.
A common frustration expressed to the Panel was the lack of motivation displayed by a
significant percentage of younger offenders. There seems to be a growing tendency by
some offenders to wait out the parole system until they reach their statutory release date
at two-thirds of their sentence. Consequences seem to be relatively minor for adopting
this attitude—living conditions are the same as those for offenders actively engaged in
rehabilitation, and few are denied release at their statutory release date. Additionally,
offenders not positively engaged while incarcerated pose threats to the safety of staff and
other offenders, which in turn, hampers the positive efforts being made by other
offenders.
Although CSC has made some attempts to motivate disengaged offenders, the Panel
believes that more must be done in this area. The Panel believes that staff require
important additional training on gangs, motivational techniques and understanding the
impact of mental illness. But, as stated earlier, rehabilitation must be a shared
accountability and the offender must work to address his/her risks and needs. To
encourage the offender, different privileges should be afforded those offenders who are
positively engaged than to those who are not. Life inside penitentiaries should mirror
Canadian society, and the core concept should be the same: earn your own way.
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A Roadmap to Strengthening Public Safety
Gradual release of offenders has been a cornerstone of Canadian corrections for many
years and the Panel supports that concept. However, the Panel believes that statutory
release and accelerated parole have both undermined discretionary release and generally
have not proved as effective as discretionary release in mitigating violent reoffending.
The Panel believes that an arbitrary release that is not based on rehabilitation is counterproductive, and when aggravated by shorter sentences, reduces public safety. This has
been demonstrated by the fact that most violent reoffending by federal offenders is
committed by those released on statutory release. To improve public safety and reorient
the correctional system to a system that places true accountability on offenders, offenders
would be required to earn their way back to their home communities and demonstrate to
the NPB that they have changed and are capable of living as law-abiding citizens.
(ii)
Consultation
Since federal release policies impact the public, offenders, victims and a variety of
stakeholders, the Panel engaged CSC staff and interest groups in discussions about the
pluses and minuses of introducing earned parole and removing statutory release. By
definition, earned parole would eliminate the presumptive release of offenders into the
community at fixed dates in their sentences.
These discussions focused on increasing offender accountability to address the
requirements identified in the correctional plan, the time to better prepare offenders for
release, and the impact on public safety of releasing higher risk offenders into the
community after serving two-thirds of their sentences.
The Panel heard from Heidi Illingworth, Executive Director of the Canadian Resource
Centre for Victims of Crime:
It has been well documented by corrections research that the conditional
releases with the highest success rates are those that rely on the judgements
of professionals and are based on proper risk assessments that focus on
public safety, where the lowest success rates are for those released by law,
including statutory release and accelerated parole review ... We strongly
believe that SR should be abolished, and it should be a release decided on
by the National Parole Board (if and when it is earned by the offender). If
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Report of the Correctional Service of Canada Review Panel
the point of incarceration is to truly prepare and rehabilitate, then parole
should be earned.42
The Panel also heard from the Canadian Centre for Abuse Awareness, who said:
Earned parole opportunities come very early for many offenders starting as
early as one sixth of a sentence. This is entirely appropriate, if done
properly, but earned parole provisions should apply for the entirety of the
sentence and not end with what has become an arbitrary date of release at
two-thirds.43
The one resounding theme, heard from both within the walls of penitentiaries and in
communities across Canada, was that statutory release is not working. The presumptive
release of an offender after having served two-thirds of the sentence is not conducive to
rehabilitation. For example, an offender serving a sentence of three years will be
automatically released at 24 months, unless CSC can present acceptable reasons to the
NPB to detain the offender because the offender is deemed likely to cause death or
serious harm to another person or commit a sexual offence involving a child or a serious
drug offence before the warrant expiry date. CSC’s recommendation for detention must,
according to subsection 129(3) of the CCRA, be based on “reasonable grounds”
determined by the offender’s behaviour and any additional information CSC has on the
offender. The bar to detain offenders is set very high and few cases meet that bar.
Those offenders who wait out their sentences until they reach their statutory release dates
are described as not following their correctional plans, lacking motivation to rehabilitate
and causing disruption in the penitentiary, through either their gang affiliations or their
involvement in the drug trade. Even with this pattern of behaviour, they currently have
the same entitlements to privileges as offenders who are actively engaged in their
correctional plans.
There was common agreement that if statutory release was eliminated, conditional release
options would have to continue to support the benefits of gradual release to the
community. Particular concern was expressed about the impact of releases directly from
42
43
“Brief to the CSC Review Panel,” Canadian Resource Centre for Victims of Crime, June 4, 2007, page 8.
“Submission to: CSC Review Panel,” Canadian Centre for Abuse Awareness, June 2007, page 8.
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A Roadmap to Strengthening Public Safety
penitentiaries of offenders who had reached their warrant expiry dates, meaning they
would not be under the supervision of CSC in the community.
This concern was shared by the John Howard Society of Canada:
Enhancing the prospect of successful reintegration cannot be achieved by
doing nothing. Leaving people in prison until their term expires is
tantamount to doing nothing. The sentence is a window of opportunity
within which correctional systems can make positive changes. Doing
something constructive means actively working to influence the choices that
individual [offenders] make on release and influencing the environment into
which they are released. Both are achieved through gradual release.44
As a consequence, the Panel believes that a review is required of how community-based
interventions would be retooled to meet changing requirements for supervision and
service delivery, while appropriate measures are taken to prepare the offender for the
warrant expiry.
Proponents of earned parole agreed that it would enhance the accountability of both the
offender and the correctional system in addressing the criminogenic and behavioural
deficits that have contributed to the offender’s crime cycle. Many parole officers
expressed the view that “you can only take an offender’s case as far as the offender wants
to go; it’s the offender who progresses the case.”
There was significant support for introducing appropriate incentives for offenders to
actively participate and make progress in their correctional plans. Some offenders have to
be motivated to participate with incentives that reward achievement. There was support
for establishing a direct relationship between motivation and action in following
correctional plans and privileges, while recognizing the rights of offenders and the
requirement to apply the least restrictive measures in their management while respecting
the rule of law. This group was of the opinion that eliminating statutory release would
create positive outcomes in the community, namely, reductions in rates of reoffending.
Other proponents advanced the position that this approach of earned parole and
motivating offenders with incentives that reward achievements in their correctional plan
44
Submission to the CSC Review Panel, John Howard Society of Canada, May 22, 2007, page 5.
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Report of the Correctional Service of Canada Review Panel
would mitigate the risks posed by these offenders until they could demonstrate that they
were ready for safe reintegration.
The Panel notes that these observations are valid and strongly suggests that every effort
be made to ensure that the implementation of the earned parole approach reflect current
management processes that prepare offenders for gradual release to the community. The
Panel believes that public safety is best served through a period of supervised and
supported release for offenders prior to the end of the sentence. The focus should be on
enhancing these processes to place the onus on the offender to demonstrate
accountability, to demonstrate progress in a viable release plan, and to demonstrate
readiness to remain a law-abiding citizen after release to the community.
(iii)
Reasons for Supporting Earned Parole
The Panel is concerned about the statistics on statutory releases: approximately 40% of
statutory releases are revoked, 30% for breach of conditions and 10% for new offences, and
violent reoffending rates are three times higher for statutory releases than for discretionary
releases. The risk posed by these offenders and the potential for even greater risk as a result
of the changing profile of the federal population points to the need for change.
Source: NPB
Post-Warrant Expiry Readmission on a Federal Sentence
(as of March 31, 2006)
Re-admission Rate (%)
60
50
45
Full Parole
48
44
Statutory Rele ase
38
40
35
Warrant Expiry
34
31
30
30
20
12
34
30
14
11
32
32
13
14
32
29
26
30
12
29
25
9
10
6
28
4
25
24
5
25
5
27
21
5
0
1990/91 1991/92 1992/93 1993/94 1994/95 1995/96 1996/97 1997/98 1998/99 1999/00 2000/01 2001/02
Year of Sentence Completion
The chart above shows that over the long-term (10 to 15 years after sentence completion):
•
offenders released at warrant expiry are between 2½ and 4 times more likely to be readmitted on a federal sentence than offenders that completed their sentences on full
parole; and
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A Roadmap to Strengthening Public Safety
•
offenders that completed their sentences on statutory release are between 2 and 2½
times more likely to be re-admitted on a federal sentence than offenders that
completed their sentences on full parole.
Poor program participation and completion rates indicate a growing problem with
offender motivation to participate in correctional interventions. The Panel is of the
opinion that presumptive release is a key disincentive to offender accountability. To
improve conditional release outcomes, legislative change is needed, and related
enhancements must be made to programs that engage and support offenders, particularly
high-risk offenders, in making behavioural changes.
(iv)
Key Impact Statements
In this section, we focus on the impact of introducing earned parole on the requirements to
‘retool’ institutional and community-based interventions to meet the changing
requirements for parole review, comprehensive release planning in support of gradual
release to the community, and conditional release in the community. The following chart
summarizes the Panel’s recommendations to address the impacts of eliminating statutory
release and accelerated parole review, and introducing earned parole.
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Report of the Correctional Service of Canada Review Panel
Earned
Earned Parole
Parole
CSC/ NPB to Work Toward a Seamless Transition
Review of CCRA/
CSC Policies
Revise scheduled
parole review dates
Full review of the conditional release process
Assessment -- Correctional Plan -- Comprehensive Release Planning -- Community Plan
Parole eligibility would be considered on a casecase-byby-case
assessment of risk, progress in addressing criminogenic,
criminogenic,
behavioural and skills deficits, with a focus on employment
options in the community
Guiding Principle of
Shared Responsibility
and Accountability
Incentives - focus on privileges for,
motivation of, and action by offenders
to follow their correctional plans
CSC – Opportunities/ Tools
For Rehabilitation
Offender – Participation in
Correctional Plan
Recognition of rights of offenders by
applying ‘least restrictive’ measures
Earned
Earned Parole
Parole
Comprehensive
Release Planning
Eliminate Statutory
Release and
Accelerated Parole
Review and
Introduce
‘Earned Parole’
Conditional
Release
In the
Community
Gradual Release
(Day/ Full :Parole)
Appearances before the NPB would occur annually,
each year after parole eligibility dates have passed
DecisionDecision-making remains consistent with the principles
in the CCRA which guide the NPB in achieving the
purpose of conditional release
Review communitycommunity-based infrastructure,
supervision and intervention processes
Crown Prosecutors should
be advised of offenders being
detained to warrant expiry
The introduction of earned parole will result in the following actions:
•
presumptive releases (accelerated parole review and statutory release) would be
eliminated;
•
an offender’s release prior to the warrant expiry date (WED) would only be possible
through a parole decision by NPB;
•
parole eligibility would be considered after assessing risk, assessing progress in
addressing criminogenic, behavioural and skills deficits described in the offender’s
comprehensive correctional plan, and assessing the community reintegration
requirements, including employment options when released as outlined in the
community release plan;
•
appearances before the NPB would occur annually, each year after parole eligibility
dates have passed;
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•
CSC would notify local Crown Attorneys of offenders who have been denied parole
and will be detained to WED for non-compliance with their correctional plan for the
purpose of considering the need for making a Section 810 application at the time of
WED;
•
the same test would be used for all release decisions; it would continue to be
consistent with the principles outlined in the CCRA guiding the NPB on achieving
the purpose of conditional release:
1. that the protection of society be the paramount consideration in the
determination of any case [CCRA.S.101(a)];
2. that the Parole Board make the least restrictive determination consistent with
the offender’s correctional plan and individual risk/need assessment consistent with the protection of society [CCRA.S.101(c)];
3. the offender will not, by reoffending, present an undue risk to society before
the expiration according to law of the sentence the offender is serving
[CCRA.S. 102(a)];
4. the release of the offender will contribute to the protection of society by
facilitating the reintegration of the offender into society as a law-abiding
citizen [CCRA.S.102(b)];
•
any release plan submitted to the NPB should include CSC’s consideration of either
the placement of the offender directly into a job or with a high likelihood of a job
placement;
•
review for full parole would be by application with minimum waiting periods, e.g.,
six months;
•
review for day parole would also be by application, with the same eligibility as
currently exists; and
•
additional criteria for granting parole would reflect the requirement for the offender to
earn release through adherence to the correctional plan.
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The earned parole approach should be supported by initiatives that address the specific
risks and needs of offenders who have violently offended and have a high potential for
violent reoffending.
Case management strategies would include intensive and ongoing risk assessment and
prediction; the development of a comprehensive correctional plan that sets out a blueprint
for the offender to move to gradual release to the community with a job or the strong
likelihood of a job placement; clear statements of the offender’s responsibilities and
accountabilities for following that blueprint to earn parole; engagement of offenders in
the parole process as early as possible and on a continuing basis; and preparation of
offenders for release through more comprehensive community release planning.
Particular attention will have to be given in applying these initiatives to the unique needs
of women and Aboriginal offenders.
Offenders must fully understand the consequences of not meeting correctional plan
requirements with respect to access to penitentiary privileges and conditional release, and
the consequences of reoffending while in the community on conditional release.
The implementation of the enhanced strategy should respect the positive benefits that can
be demonstrated with gradual, job-focused release. The principle should guide CSC in
ensuring that every effort is made to support offenders in actively and successfully
engaging in their correctional plan to reduce their risk to reoffend and consequently
improve their eligibility for release. The two key components of conditional release, day
parole and full parole, must be reviewed to ensure they are aligned with the earned parole
and community employment approaches and are fully supported by a community
infrastructure that offers supervision, programming interventions, and service delivery.
This will mean closer liaison with police services, provinces and municipalities, new and
innovative supervision strategies, and comprehensive release planning that continues the
employment training and job-readiness programs started in the penitentiary.
There is a related requirement to review community infrastructure and partnerships with
service deliverers as a result of the elimination of statutory release and the new focus on
skills development and jobs. Particular attention should be given to the changing roles of
and relationships among minimum-security penitentiaries, CSC community correctional
centres, and community residential facilities providing contracted services. More
emphasis should be placed on supporting work release initiatives and other forms of
transitional employment, providing mental health support services, and providing
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A Roadmap to Strengthening Public Safety
accommodation alternatives for offenders who are actively participating in their
correctional plans and transitioning into the community.
The introduction of a new parole or release system could affect the size of the
incarcerated population because of potential increases in time served. However, a new
focus on employability and employment could have an opposite effect—the effectiveness
of programming both inside and outside the walls would likely lead to a reduction in
reoffending and a consequent reduction in the return rate of offenders to a federal
penitentiary. While the Panel believes that the overall impact will be a reduction in
reoffending, CSC, in conjunction with NPB, should develop impact statements that
define a time frame for management—preparing for and changing legislation and then
applying the legislative change—and should establish cost estimates for a phased
implementation of the Panel’s recommendations. These estimates should be fully
integrated with the Panel’s recommendations on the introduction of regional complexes.
RECOMMENDATIONS
60.
The Panel recommends that the CCRA be amended to replace statutory release
and accelerated parole review with earned parole.
61.
The Panel recommends that the CCRA be amended to reflect that the protection
of society is the paramount consideration in the determination of conditional
release (CCRA. S. 101(a)) and that (d) the National Parole Board makes the
determination consistent with the offender’s correctional plan and an individual
risks/needs assessment, consistent with the protection of society.
62.
The Panel recommends that a full review of the conditional release process be
undertaken in order to effectively link day parole and full parole with the
objectives of the earned parole approach and the principles of gradual release.
The review should also focus on the impact of releasing directly from
penitentiaries offenders who reach their warrant expiry dates, when they are no
longer under the supervision of CSC.
63. The Panel recommends that a review be conducted on how community-based
interventions should be retooled to meet changing requirements for supervision
and service delivery (i.e., employment).
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64.
The Panel recommends that the NPB shall review cases annually each year after
parole eligibility dates have passed.
65.
CSC should notify local Crown Prosecutors about offenders who have been
denied parole and will be detained to warrant expiry for non-compliance with
their correctional plan, to allow for consideration of issuing a Section 810
application at the time of warrant expiry.
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OUTSIDE THE WALLS
In this section of the report, we will review community corrections, both the current and
revised model, and its linkage to earned parole. Our focus is on risk assessment and
community supervision strategies; CSC/Police liaison; responding to breaches of parole;
electronic monitoring; consequences of reoffending while on conditional release;
management challenges for women and Aboriginal offenders in the community; CSC’s
work with community partners and volunteers, and the need for enhanced citizen and
community engagement.
(a)
Community Corrections
(i)
Status/Structure/Current Priorities
As of April 2007, 8,447 federal offenders, or about 39% of the offender population, were
under federal supervision, on conditional release, in the community—15% were on day
parole, 47% on full parole, 36% on statutory release and 2% on long-term supervision
orders.
There are 71 parole offices in 8 districts, which are responsible for supervising offenders
under federal jurisdiction. CSC currently manages 16 community correctional centres
(CCCs) for offenders on conditional release and on long-term supervision orders.
Approximately 200 community residential facilities (CRFs), commonly called halfway
houses, are operated by community-based agencies under contract with CSC.
Offenders can be released into the community under the following conditions:
•
Temporary absences/work releases are granted to offenders to attend medical
appointments or community programs, to visit family members or to go to work;
•
Day parole is a form of conditional release granted by the NPB or a provincial parole
board, which requires the offender to return to a penitentiary or a community-based
facility (CCC or CRF) daily;
•
Full parole is a form of conditional release granted by the NPB or a provincial parole
board, which allows the offender to serve a portion of the sentence in the community
under supervision;
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Report of the Correctional Service of Canada Review Panel
•
Statutory release (SR) is an automatic release of an offender after two-thirds of the
sentence, during which the offender remains under supervision in the community; and
•
Long-term supervision order (LTSO) is imposed by the court ordering an offender to
be supervised in accordance with provisions in the CCRA for up to 10 years after the
warrant expiry date.
The community supervision of offenders on parole, statutory release, and under longterm supervision orders is entrusted to federal parole officers, or to private sector, forprofit and not-for-profit agencies, such as the John Howard Society, the Salvation Army,
St. Leonard’s Society of Canada, Native Counseling Service of Alberta, and the Canadian
Association of Elizabeth Fry Societies, under contract to CSC.
Informed and engaged citizens and communities are integral to safe offender
reintegration. CSC depends on the communities it serves to accept and support offenders.
The Panel believes that this is critical to public safety.
CSC is facing significant financial constraints that inhibit its ability to reallocate existing
resources to address emerging pressures. The Service has received limited, temporary
funding for 2007–09 to address key priorities: community staff safety, staff training, and
new community programming and community mental health initiatives to ensure the
continuation and reinforcement of programming and treatment implemented in the
penitentiaries. These priorities and others have been identified by CSC to respond to the
evolving challenges in accommodation, supervision and intervention requirements, which
are being posed by a changing offender population.
(ii)
Proposed New Model
In this section, we focus on recommendations that will contribute to the maintenance of
public safety by ensuring gradual release controls are adhered to by the offender in
returning to a law-abiding life in the community. We see the release of offenders
supported by adequate community infrastructure, and supervision and programming
interventions, all within an employment focus. The following chart provides a summary of
the key processes supporting the preparation, transition and reintegration of an offender
to the community and outlines the key recommendations impacting on the elements of
these processes.
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A Roadmap to Strengthening Public Safety
Outside
Outside The
The Walls
Walls -- Community
Community Corrections
Corrections
Update the CSC Community Strategy (Focus on Women/ Aboriginal Offenders)
Offenders)
Consider Elongating
Parole Ineligibility
Consequences for
Committing Violent
Crimes while on Parole
Review Case Management Process Role of Community Correctional
(Better balance in responsibilities)
Liaison Officers
Security
Intelligence
Review of Community
Provide Authority to
Program Base/ Resources
Police Services to Arrest
Post Sentence Support
Without Warrant
(Warrant Expiry)
Conditional Release
In the Community
Full Review of Conditional Release Process
Parole
Parole Offices
Offices
Comprehensive Release Planning
Day/ Full Parole
Correctional
Correctional
Plan
Plan
Community
CommunitySupervision
Supervision
Strategy
Strategy
Extended
Correctional
Plan
Healing
Lodges
Governments
Governments
Community
Residential
Facilities
Community
Correctional
Centres
Update Community Strategy
For Women Offenders
Communities
Communities
Preparing
Mental Health Service
for
Supervision/ Intervention/ Programs
End of
Employment
Sentence
Volunteers
Volunteers
More Comprehensive Community
Release Plan
Review of Capacity/ Capability
of Community Residential
Facilities
Community
CommunityServices
Services
Electronic
Monitoring
Employers
Employers
Rationale for ‘Tandem Visits’
NGO’s
NGO’s
Other
OtherSupport
Support
Groups
Groups
Strengthen Guidelines for
Community Consultation
on Placement of Facilities/ Offices
Invest/ Enhance Capacity/ Involvement of Community Partners
The Panel notes that the community corrections component of the federal correctional
system is the most visible to Canadians and therefore comes under the greatest scrutiny
and becomes the target of the most criticism. Public acceptance of CSC’s conditional
release approach is often criticized when things go wrong. Yet, CSC’s most important
contribution to safe reintegration is a structured and supervised re-entry to the community
while the offender is still under sentence. CSC faces the challenge of maintaining public
confidence while attempting to accomplish two goals—maintaining public safety and
ensuring the offender adheres to gradual release controls in returning to a law-abiding life
in the community. Balancing the community’s desire for safety with the offender’s right
to be released presents a continuing challenge to the criminal justice system.
A ‘cold release’ at the end of an offender’s sentence to an unsupervised environment is
not effective corrections. The purpose of conditional release should continue to be to
contribute to the maintenance of a just, peaceful and safe society by managing the timing
and conditions of released offenders in a way that will best facilitate their rehabilitation
and safe reintegration into the community as law-abiding citizens.
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In this respect, the role of the NPB provides the window for offender entry to the
community. NPB is an independent, administrative tribunal that works at arm’s length
from CSC in making decisions about the release of offenders. It imposes special
conditions on offenders released to the community, e.g., abstinence from alcohol or
drugs, attendance at treatment programs. Under CCRA S. 102, parole is granted to an
offender if, in the opinion of the Board, (i) the offender will not, by reoffending, present
an undue risk to society before the expiration, according to law, of sentence, and (ii) the
release of the offender will contribute to the protection of society by facilitating the
reintegration of the offender into society as a law-abiding citizen.
Linkages to Earned Parole and Conditional Release
The implementation of earned parole should respect the positive benefits of mitigating
reoffending that can be achieved using a gradual conditional release program that is part
of the offender’s correctional plan. This principle should guide CSC in ensuring that
every effort is made to assist offenders in being released to the community prior to their
warrant expiry dates with meaningful opportunities for employment.
The Panel has recommended the review of two key components of conditional release,
day parole and full parole, to ensure they are aligned with the earned parole approach in
CSC institutions. This will mean that the release of offenders is supported by community
infrastructure, supervision and programming interventions, all within an employment
focus. Safe reintegration will require comprehensive release planning and closer liaison
with municipal social and police services and provincial community services, and
innovative employment-focused supervision strategies. There will also be a related
requirement to review community infrastructure and partnerships with service providers
as a result of the elimination of statutory release.
Risk Assessments and Community Supervision Strategies
CSC currently submits an extensive review of the offender’s case history, and risk and
reintegration potential, for consideration by the NPB. The review considers such
information as the offender’s criminal history, offence cycle, institutional behaviour,
program involvement, psychological or psychiatric risk assessments, and release plans,
including community support requirements.
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The community supervision strategy can address several factors, including the frequency
of contact with the parole officer, accommodation in a community-based residential
facility, participation in correctional and treatment programs, and urinalysis testing.
All offenders on conditional release are required to abide by basic rules and stated
behavioural expectations. For example, an offender’s movement can be restricted to a
specified geographic area. In addition, the NPB can impose additional special conditions,
e.g., the offender must abstain from drugs, alcohol and/or intoxicants, must follow
psychological and/or psychiatric counseling.
Earlier in the report, the Panel recommended a review of community release planning in
the context of an earned parole model. The Panel fully supports conditional release to the
community in such a parole model. However, changes are needed in correctional
planning, the case management process, definitions of offender accountabilities, and
requirements for offenders to actively and successfully complete their correctional plans
and demonstrate positive behaviour in the community, especially when a new emphasis
on employability and jobs is affected.
Community Supervision
CSC should be commended for the quality of its community supervision staff and the
work they do. They have a challenging role: intervener, counselor on managing offender
needs, and supervisor of offender behaviour to assess risk on an ongoing basis—all rolled
into one.
The Panel notes that parole officers do their jobs very well, delivering appropriate
supervision and intervention activities that contribute to the safety of the community.
Community parole officers assess the offender’s progress in the community on an
ongoing basis, through regular contact with the offender, employers, family members,
etc. They practice a multidisciplinary approach to community supervision, relying on
input from police, psychologists, program providers, program facilitators, halfway house
staff, etc., and using a variety of tools to effectively manage risk in the community:
curfews or other special instructions, temporary placement of offenders in a communitybased residential facility, counseling (psychological/psychiatric) and/or correctional,
educational and vocational programs, etc.
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The Panel reviewed an integrated model used in the Pacific Region for a short time and
noted the benefits that resulted from institutional and community parole officers working
in tandem to develop a comprehensive release plan for the offender.
The Panel was made aware of the concern of community parole officers, and those
working in CSC penitentiaries, with their heavy caseloads which affected their ability to
balance their interaction with offenders with requirements for report preparation and the
entry of information into CSC’s Offender Management System.
The Union of Solicitor General Employees (USGE) told the Panel:
Of concern to the USGE … is the 1 to 25 ratio of offender to parole officer
caseload. In many regions of the country this ratio is being used as a
guideline only, seeing more parole officers with a caseload of 27 to 30 on a
regular basis. In essence, this increase is causing burn-out of parole
officers. It is virtually impossible for staff to take advantage of a normal
eight hour work day or regular vacation time.45
While recognizing the need for accurate, timely and comprehensive documentation,
parole officers asked for assistance in streamlining their reporting requirements and
improving the effectiveness of the reporting systems that they use. The Panel supports the
need to streamline documentation requirements.
CSC/Police Services Liaison
Community correctional liaison officers are located in 17 communities across Canada.
They are dedicated police officers employed by CSC to work closely with community
parole officers. Their responsibilities include monitoring the activities of high-risk
offenders, acting as a link with police and other relevant agencies in order to enhance
information sharing, and helping reduce the number of ‘unlawfully at large’ offenders.
The Panel has reviewed this initiative and met with many of these officers across the
country. Although the program is in its infancy, initial benefits have already been in the
exchange of operational information and finding offenders who are unlawfully at large.
The Panel supports CSC’s continued efforts to build this important community-based
45
“USGE Submission to the CSC Review Panel,” USGE, June 4, 2007, page 6.
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initiative. At the same time, the Panel recognizes the need to collect security intelligence
information in the community, which can be linked to similar information from
penitentiaries to provide a complete picture of actual and potential criminal activity.
Tandem Visits
On October 6, 2004, in Yellowknife, NWT, Parole Officer Louise Pargeter, arranged to
meet an offender at his home for a scheduled visit. RCMP later found her murdered in the
offender’s apartment. Officer Pargeter was the first CSC community parole officer
murdered by an offender in CSC’s history.
As an interim safety measure, then acting Commissioner Don Head issued a temporary
policy bulletin instructing community parole officers that all visits to homes of offenders
with criminal histories involving death or sexual assault would be conducted by two
officers for at least the first three months of the offender’s supervision.
This policy has since been modified, and the current Commissioner’s Directive 715,
Community Supervision Framework states:
66. Tandem supervision for home visits is mandatory for offenders with a
criminal history involving a death and/or any sexual offence, for at least the
first three months of the offender’s supervision period, including the first 90
days of a temporary absence program.
69. Prior to the completion of the initial three-month supervision period, the
Parole Officer and Parole Officer Supervisor will review the offender’s
case to determine if tandem supervision is still necessary and what safety
measures are sufficient and appropriate to ensure staff safety. The decision
of this review will be clearly documented in a Casework Record.
There has been much discussion in CSC over the appropriate way to handle visits to an
offender’s home. During discussions with community parole officers, the Panel reviewed
procedures now in place to ensure the safety of parole officers, particularly when visiting
offenders’ residences. Most parole officers expressed the opinion that no place should be
declared ‘out of bounds’ when supervising an offender. Other parole officers expressed
frustration at what they perceived to be constraints placed on their professional
judgement.
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Given the utmost importance that the Panel places on the safety of staff, combined with
the belief that there should be no place in the community that is “off limits” to the parole
officer, the Panel agrees that a parole officer should discuss individual risk assessments
and supervision strategies with his/her supervisor. The Panel supports the current CSC
policy.
Breach of Parole—Power to Arrest
The Panel received representations from police services groups to consider the current
lack of authority by police officers to arrest without warrant persons on parole who are
believed to be in breach of conditions of parole.
At present under CCRA S. 137, a peace officer (usually a parole officer) can arrest with
warrant, or when there is a belief on reasonable grounds that a warrant is in force to
apprehend and detain the parolee, for up to 48 hours in order to obtain an electronically
transmitted copy (a tele-warrant) of such a warrant.
At present, police cannot arrest without a warrant a federal offender for breach of parole
conditions. So if police find a federal offender and someone on provincial probation, and
both are suspected of being in breach of a condition, the person on probation can be
arrested without warrant in certain circumstances under section 495 of the Criminal Code
of Canada (CCC), since breach of probation is an indictable offence under S. 733 of the
CCC. However, breach of parole is not an offence under the CCC or the CCRA so the
federal offender cannot be arrested without a warrant.
Although the Panel was encouraged to recommend that breach of a condition of
parole be made an indictable offence under the CCC, the Panel believes the more effective
approach is to address the issue within the CCRA. That way the consequences of the
breach and the impact on public safety can be properly assessed by the parole officer and
the NPB, and if the conduct so warrants, the offender can be returned to a penitentiary.
In cases where the present use of issued warrants or tele-warrants is seen to be
inadequate, an approach like those in CCC S.495 SS. (2) should be considered. This
provision allows for arrest without warrant in any case where a peace officer believes on
reasonable grounds that arrest is necessary to establish the identity of the person, or that
failure to arrest would lead to the failure of the person to appear in court.
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Electronic Monitoring
The Panel examined the need to consider the use of electronic monitoring of particular
offenders with high risks and needs in the community. We heard a variety of opinions on
the matter, from applying this technology to all released offenders under conditional
release in the community to using it only for selected offenders under extended
supervision by CSC.
Ontario Provincial Police Commissioner Julian Fantino told the Panel:
Law enforcement agencies across the nation are in favour of offenders being
equipped with electronic monitoring devices while in the community. This
additional method of ensuring compliance with release orders will certainly
reduce the time and resources required for police to identify and apprehend
violators. Successes of electronic monitoring include higher compliance
rates, resulting in increased public safety … This tool can be used for every
person released in the community and not just the ones who are violent/sex
offenders.46
However, the Panel is not convinced that a general application of electronic monitoring
for all federal offenders on conditional release is required. The Panel is concerned about
the costs and benefits associated with implementation, and the level of effectiveness
associated with continuous monitoring and response capacity for the conditionally
released population. The Panel is aware that CSC is undertaking a pilot project on
electronic monitoring, and suggests that the evaluation focus on the concerns raised by
the Panel and consider plans to supervise selected offenders in conjunction with police
services and other appropriate community groups. The Panel also suggests that CSC look
at other jurisdictions that have been using this technology for some time in order to
determine what best practices’ could be tailored to CSC requirements.
Reoffending while on Conditional Release
The Panel has heard both success stories and failures of offenders while on conditional
release in Canadian communities. We appreciate that the failures are far less than the
46
“Submission to the Independent Review Panel with Respect to Correctional Service Canada,” OPP
Commissioner Julian Fantino, June 5, 2007, page 9.
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Report of the Correctional Service of Canada Review Panel
successes but every failure results in a new victim and must be taken extremely seriously.
Throughout this report, the Panel has emphasized the importance of offender
accountability. This accountability does not end at the doors of the penitentiary but
rather, transcends into the community where this accountability is heightened.
The Panel is of the view that reoffending on conditional release must be treated very
seriously by the courts. Currently, Section 743.6 C.C.C. states:
Notwithstanding subsection 120(1) of the Corrections and Conditional
Release Act, where an offender receives, on or after November 1, 1992, a
sentence of imprisonment of two years or more, including a sentence of
imprisonment for life imposed otherwise than as a minimum punishment,
on conviction for an offence set out in Schedule I or II to that Act that was
prosecuted by way of indictment, the court may, if satisfied, having regard
to the circumstances of the commission of the offence and the character
and circumstances of the offender, that the expression of society’s
denunciation of the offence or the objective of specific or general
deterrence so requires, order that the portion of the sentence that must be
served before the offender may be released on full parole is one half of the
sentence or ten years, whichever is less.
The Panel encourages the judicial system to make greater use of this section of the Code
and, in the cases where offenders on conditional release reoffend, that this section of the
Code be used aggressively to reflect the gravity of the criminal act committed while on
release and that subsequent sentences are ordered to be served consecutively not
concurrently. Furthermore, the Panel is of the view that, in the case of repeated
reoffending by offenders, consideration be given to amending the Canadian Criminal
Code to further elongate the period prior to parole eligibility.
Programs in the Community
As a condition of release, some offenders are required to continue participating in
programs that address the factors that led to their criminal behaviour. This can include
programs to address sex offending, substance abuse, family violence, etc. Offenders
released to the community are also assisted with educational programs, employment
programs, support programs, and faith-based programs. CSC has always depended on the
communities to provide support to offenders in their reintegration, but community
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A Roadmap to Strengthening Public Safety
capacity varies and is often limited. CSC’s accredited correctional programs have always
included community intervention and aftercare; however, offender enrolment and
completion have traditionally been limited due to a lack of widespread availability and
the duration of the program.
CSC faces challenges in providing programming that can build on the positive results
achieved in the institution, while meeting the delivery requirements imposed by the
availability of trained staff and community resources. The Panel notes two important
initiatives being undertaken by CSC.47
CSC has developed the Community Maintenance Program (CMP), a multi-target
program designed to increase timely access to community aftercare services for higher
risk offenders, especially in remote locations. Its continuous admission and risk-based
intensity level is customized to the ever-changing needs and challenges that offenders
face in the community. The program is delivered by qualified and trained facilitators,
including correctional program officers, non-government organization service providers,
parole officers, and psychologists in the community.
In addition, the Counter-Point program is a moderate-intensity community-based
correctional program that has been accredited by international experts. Its principal goal
is to help participants change their criminal values and attitudes and take more
responsibility for their criminal actions. The Counter-Point program appears to be
effective. A recent study compared a sample of offenders who had completed the
Counter-Point program with a sample of offenders released to the community. For those
offenders completing the Counter-Point program, the study showed a 32% reduction in
suspension rates, a 46% reduction in revocation rates, and a 38% reduction in new
offences.
The Panel endorses this program but is still concerned by the low completion rates for
these programs.
47
The Panel notes that CORCAN maintains 39 community employment centres in communities across
Canada to assist offenders in finding employment. The challenges facing these centres is addressed in
the section of the report on “Work—Employability and Employment.”
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The Panel encourages CSC to enhance the employability/employment component of its
community programs, and to ensure that evaluation measures are in place to measure its
effectiveness.
The Panel is aware that community-based correctional programming can significantly
reduce the likelihood of breaches of conditions. Likewise, the Panel is confident that the
employability/employment addition will reduce the likelihood of breaches in parole.
Parole revocations are a predictor of an increased level of custody, non-discretionary
release and violent reoffending. These programs should help reduce the involvement of
offenders in breaches of release conditions.
The Panel notes that in 2006–07 the completion rates for all community programs was
just over 50% (see Appendix D). For women the completion rate was just over 30%.
Programs for Aboriginal offenders were not rated. The Panel strongly urges CSC to
review its community program base and the resources required to support the
implementation of maintenance programming. Particular attention has to be given to
developing programs for women and Aboriginal offenders, and to the relationships that
should be in place to support the offenders’ transition from institutional-based to
community-based programs.
The Panel notes that continuing correctional programming in the community must be a
key component of the offender’s conditions of release. This becomes even more critical
in implementing an earned parole approach and in emphasizing offender employment in
the community. CSC must have the capacity to deliver programs in the community.
Challenges for Women Offenders in the Community
There is a need to update the CSC Community Strategy and enhance transition services
in supervision, accommodation and intervention. The women offender population has
steadily increased over the years. Short-, medium- and long-term options are being
developed to ensure quality program delivery and reintegration efforts can be
maintained. There is a need to improve employment services for women on release.
CSC is in the process of implementing a National Employment Strategy for Women. It
should be reviewed in the context of the recommendations made by the Panel on
employment.
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Even with these initiatives by CSC, the Panel notes the lack of community infrastructure
to support the special needs of women under conditional release.
This concern was raised by Elizabeth White, Executive Director of the St. Leonard’s
Society of Canada:
Community residential facilities exist across the country with the majority of
them being located in urban settings. This allows residents access to a range
of community social services and opportunities for employment. In general,
numbers have not supported CRF options in small and rural settings. A
particular constraint is faced by women. Owing to their small numbers in
the corrections system, small houses are appropriate and their size does not
allow for economics of scale. The issue of small houses has been on the
agenda for both voluntary sector agencies and CSC for at least 10 years. It
merits a focused joint approach at this time and a solution to the
difficulties.48
Because of significant variations in the size of the women offender population and its
unique risks and needs, there is a need to review current infrastructure gaps and develop
appropriate alternatives to minimum-security penitentiaries and community residential
facilities. This will be particularly important when considering the impact of earned
parole and the emphasis on employment.
Aboriginal Offenders
CCRA Section 81 supports a wide variety of custodial or service delivery arrangements
for the care and custody of Aboriginal offenders. An offender could be transferred to the
care and custody of an Aboriginal community at any time during his or her sentence. This
can involve the supervision of offenders on day parole, full parole, or statutory release. In
addition, there are 24 halfway houses for Aboriginal offenders across Canada.
CCRA Section 84 gives CSC the authority to involve the Aboriginal community in
release planning for offenders. The intent of Section 84 of the CCRA is to encourage the
reintegration of Aboriginal offenders into Aboriginal communities.
48
“SLSC Submission to the CSC Review Panel,” May 28, 2007, page 4.
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CSC must re-examine its current initiatives with respect to conditional release into
Aboriginal communities, either on reserve or to rural and urban centres. This review
should include the impact of the introduction of earned parole and the emphasis on
employment.
Partnering with Service Providers
Continuity of care is important, both during the offender’s sentence and during the
transition from sentence to post-warrant expiry status. Since CSC’s mandate is to provide
services only to offenders serving federal sentences, when an offender’s sentence ends,
CSC’s responsibility for directly supporting the offender ends. CSC’s support for
offenders with mental health needs is normally transferred to the provincial health
system.
Community correctional centres (CCCs) currently accommodate offenders on day parole
or statutory release. Over the years, the offender profile at CCCs has changed to meet the
special risks and needs of offenders. For example, CCC Martineau in Montreal accepts
offenders with mental health problems, and Chilliwack CCC, in Chilliwack, B.C. accepts
offenders requiring palliative care.
Community residential facilities (CRFs) exist to promote the successful reintegration of
offenders into the community. A CRF provides suitable accommodation, monitoring and
intervention, and provides social and economic support that helps conditionally released
offenders become law-abiding citizens.
The Panel notes that successive changes in legislation enabled the NPB to impose
residency at CCCs and/or CRFs in order to manage risk. As a consequence, there is an
overwhelming demand for beds for offenders with residency requirements. CSC has
undertaken several internal reviews of community-based facilities and is moving to
improve the existing infrastructure. The Panel recommends that CSC reconsider current
initiatives in the context of the Panel’s report.
A full review of the community infrastructure is needed to respond to the current and
emerging requirements for offender management in the community. Several factors
contribute to the need for review: The combination of changes in supervision and
intervention requirements associated with the changing offender population profile,
recommendations to eliminate statutory release, and accelerated parole review; the
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enhanced focus on offender employment; and community support requirements
associated with the unique needs of Aboriginal and women offenders, and offenders with
mental health problems.
Locating Parole Offices and Community Correctional Centres
The Panel has reviewed CSC’s current guidelines on consultations on facilities’ including
parole offices. A presentation made by Andrew Aitkens, Vice-President of the Ottawa
Centretown Citizen’s Community Association, and discussions on vulnerable
communities highlighted the need for zoning bylaws to define parameters for the
proximity of businesses that pose a risk to community safety. The recommended review
of community infrastructure should ensure that consultations take municipal bylaws into
consideration. Community concerns about safety make housing released offenders a more
complex challenge.
Citizen and Community Engagement
Enhancing the capacity of our partners to provide support services and assistance is
critical to an integrated approach to public safety. While CSC can bridge some gaps in
the short term, an investment in long-term community capacity is required to assist
offenders’ reintegration efforts, and ultimately to ensure community safety.
The Panel believes that when Canadians know more about the federal correctional
system, they have more confidence in it. Enhanced awareness is crucial to a community’s
willingness to assist offenders in reintegrating safely into their communities.
John Braithwaite of LifeLine, a national initiative that assists long-term offenders and
those serving life sentences, told the Panel that:
A concerted coordinated comprehensive effort is required to raise the
understanding and appreciation of Canadians as to what really works and
what is simply punitive, vengeful, and superficial.49
An effective approach to providing safe communities depends on dialogue and
collaboration—locally, regionally and nationally—in order to successfully address
49
Submission to the CSC Review Panel, John Braithwaite, LifeLine, page 5.
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information gaps. As noted by the Federation of Canadian Municipalities (FCM),
“municipal governments must be engaged in discussions on correctional issues that affect
community safety.”50
The FCM/CSC/NPB/Public Safety Canada’s Joint Committee on Community Corrections
meets quarterly and is co-chaired by CSC’s Director of Citizen Engagement and
Community Initiatives. The committee’s mandate is to improve and preserve quality of
life for Canadians by collaborating and creating opportunities for dialogue and
information exchange among its members. In support of community safety and crime
prevention, CSC, NPB, and Public Safety Canada are examining opportunities to work
with the FCM in developing and implementing concrete initiatives that support local joint
committees on community corrections. Strengthening CSC’s partnership with the FCM
will enhance participants’ appreciation of the role of municipalities in helping to support
the safe reintegration of offenders.
Volunteers in the Federal Correctional System
Volunteers make an essential contribution to public safety for many years by enhancing
the work of CSC and by creating a liaison between the community and the offender. CSC
benefits from the contributions of more than 8,000 volunteers in penitentiaries and in the
community. CSC volunteers are involved in activities ranging from one-time events to
ongoing services to offenders and communities, including tutoring, social and cultural
events, religious and spiritual programming and substance abuse programs.
The Panel recognizes and applauds the strong commitment and contributions made by
volunteers in the correctional system. Their efforts directly contribute to safer Canadian
communities. However, the Panel echoes the position of Bill Huzar, National Co-Chair of
the National Volunteer Association of CSC, that since federal legislation requires
volunteer involvement in corrections, there should not be a discrepancy between the
value that CSC places on their involvement and the financial resources that are required
to support and sustain the essential services they provide. “There should be adequate
50
Letter to Lynn Garrow, Head, CSC Review Panel Secretariat, from Massimo Bergamini, Director, Policy
Advocacy and Communications Department, Federation of Canadian Municipalities, August 28, 2007.
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financial resources provided to recruit, train and sustain volunteers,” Mr. Huzar advised
the Panel during consultations.51
In response to the challenges posed by the changing offender profile, Mr. Huzar raised
the increasing need to recruit and train many types of volunteers: younger volunteers
(ages 20 to 40), volunteers with specific skills in working with offenders with mental
health problems and physical disabilities, Aboriginal volunteers, and volunteers from a
wider variety of ethnocultural backgrounds and faith traditions, and volunteers that offset
a gender imbalance.52 In essence, CSC has to encourage getting ‘community’ back into
Community Corrections.
CSC considers establishing positive and reciprocal relationships with Canadian
communities a necessary prerequisite to support public safety. Most offenders will
eventually return to the community. Upon their release, whether at the end of their
sentence or under conditional release, successful reintegration requires the support of
citizens and communities. To that end, CSC is committed to engaging community
partners and working collaboratively for safe communities. The Panel fully supports
CSC’s work with community partners. The Panel met with various groups of volunteers
and wants to applaud their contributions. The Panel recommends to CSC that they
continue to be given full support.
RECOMMENDATIONS
66.
The Panel recommends that a more comprehensive community release plan be
developed that
a) measures the achievements attained by the offender against the
requirements identified in the penitentiary correctional plan, as the basis for
the development of a community correctional plan;
51
“Stronger in Broken Places—A Report Submitted to the CSC Review Panel,” The Volunteer
Membership of the CSC National Volunteer Association, June 2007, page 13.
52
Ibid., page 11.
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b) clearly links conditional release conditions, imposed by NPB, with
accommodation, supervision and programming interventions and
employment initiatives;
c) details the responsibilities and accountabilities of the offender to achieve
reintegration objectives; and
d) sets terms and conditions for formal reviews of progress to the end of the
offender’s sentence.
67.
The Panel recommends a full review of the capacity and capability of community
residential facilities; in particular the current lack of community accommodation
alternatives available for women offenders, as well as CCRA S. 81/84 agreements
with Aboriginal communities.
68.
The Panel recommends that additional attention should be given to
a) strengthening CSC’s guidelines to include more extensive community
consultation when selecting locations of both community correctional
facilities and parole offices; and
b) ensuring requests to Public Works for site acquisition include full
consideration of amendments to municipal bylaws that provide for ‘no go
zones’ that will protect potential vulnerable communities or areas.
69.
The Panel recommends that current community case management processes be
reviewed to identify how a better balance can be achieved among the many
responsibilities of community parole officers, in particular, to identify process
efficiencies and ensure that the benefits of dynamic supervision are maintained.
70.
The Panel recommends that CSC review its community program base and the
resources required to support the implementation of maintenance programming.
Particular attention should be given to the development and availability of
community programs for women and Aboriginal offenders.
71.
The Panel recommends that CSC update the Community Strategy for Women and
enhance transition services in the areas of supervision, accommodation and
intervention, including the consideration of initiatives supporting employment
and employability for women on conditional release.
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72.
The Panel recommends that CSC include a rationale for the community
correctional liaison officers in the business case that it prepares on the
management of security intelligence.
73.
The Panel is particularly concerned about safety and security in the community
and recommends that
a) where supervision strategies warrant a home visit and the profile of the
offender creates a cause for concern, either a second parole officer or a
police officer be tasked to accompany the parole officer and that such a
decision be taken with the parole officer’s supervisor with the critical factor
for decision being the safety of the parole officer;
b) an evaluation of the results of the CSC pilot project on electronic
monitoring consider amendments to the Corrections and Conditional
Release Act to expressly permit the use of electronic monitoring as a
condition of release, and expand the scope and term of the Canadian
Criminal Code Section 810 orders that specifically authorize electronic
monitoring and residency restrictions; and
c) consideration be given to amending section 137 of the CCRA to allow police
services to arrest without warrant under conditions similar to those that now
exist in Section 495 (2) of the Canadian Criminal Code.
74.
The Panel recommends that CSC consider in its business case supporting the
enhancement of its security intelligence initiatives the creation of community
security intelligence officers and the strengthening of community correctional
liaison officers to enhance the sharing of information among CSC and its
partners in the criminal justice system at the municipal, provincial and national
levels.
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75.
The Panel recommends that CSC complete its review of the use of electronic
monitoring and consider initiatives that have been undertaken in other
correctional jurisdictions to determine what ‘best practices’ could be tailored to
CSC requirements. Results should be incorporated into policy proposals outlining
advantages and disadvantages and resource impacts and recommending future
options for this technology.
76.
The Panel recommends that CSC continue to invest in and enhance the capacity
and involvement of its community partners to provide support services and
assistance to offenders as active community involvement is the key to maintaining
community safety.
77.
The Panel recommends that CSC enhances its programs of public education
programs in the community and becomes more proactive and purposeful in
communicating with Canadians or community capacity may slowly erode.
78.
The Panel recommends that the judicial system to make greater use of Section
743.6 of the Canadian Criminal Code and, in the cases where offenders on
conditional release reoffend, that this section of the Code be used aggressively
and that subsequent sentences be ordered to be served consecutively not
concurrently.
79.
The Panel recommends that, in the case of repeated reoffending by offenders,
consideration be given to amending the Canadian Criminal Code to further
elongate the period prior to parole eligibility.
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RECOGNIZING THE ROLE OF VICTIMS—PROVIDING
VICTIM SERVICES
In this section, we review the initiatives that have been undertaken by CSC to provide
victim services and look at requirements to support effective communication and
consultation with victims, victim groups and federal organizations focusing on victims.
We note that there is a requirement to look at sharing additional information with
victims.
The number of registered victims of crime has grown by more than 400% since 1995,
from 1,200 to more than 5,000 today and is expected to reach 8,000 by 2010.
There was limited public recognition of the needs of these crime victims during the 1970s
and ‘80s. In the latter part of the ‘80s and into the ‘90s, provinces and territories began
enacting victims’ legislation and supporting victim services. In 1992, Section 26 of the
CCRA set out the responsibilities of CSC and the NPB for sharing information with
victims. The CCRA recognizes that victims of crime have a legitimate interest in
receiving information about the offender who harmed them and in providing information
to be considered in decisions related to the conditional release of the offender. The Panel
also heard concerns about some remaining silos between federal and provincial
jurisdictions and strongly encourage various components of the criminal justice system to
work together to offer victims a more integrated information-sharing system.
The 2006 Federal Budget provided funding for a new federal victims’ strategy to give
victims of crime a more effective voice in the federal corrections and justice system, and
greater access to services. It also created a Federal Ombudsman for Victims of Crime.
As part of the strategy, CSC received $13.6 million for 2006–11 to strengthen victim
services and to better respond to information requests from victims. This funding allows
CSC to implement a National Victim Services Program dedicated to providing timely
information in its five regions, while promoting awareness among CSC staff to the
concerns and needs of victims. Expected results will improve victim satisfaction through:
•
improved services and the provision of timely information;
•
increased awareness of available services among victims and criminal justice
partners;
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•
improved relationships with victims and victim organizations; and
•
improved professional relationships with government partners, including the National
Office for Victims, the NPB, the Policy Centre for Victims Issues, and the Federal
Ombudsman for Victims of Crime.
The Panel reviewed CSC’s proposed implementation plan to ensure that it was
responding to the Government’s initiatives to support victims of crime and develop the
human resource infrastructure required to deliver timely, accurate information to meet the
needs of victims. An important part of the review was consultation with the recently
appointed Federal Ombudsman for Victims of Crime, Steve Sullivan.
This Office has been mandated to address matters of federal responsibility, including:
•
facilitating access to existing federal programs and services;
•
addressing victims’ complaints about compliance with the provisions of the CCRA;
•
enhancing awareness among criminal justice personnel and policy makers of the needs
and concerns of victims and the applicable laws that benefit victims of crime; and
•
identifying emerging issues and exploring systemic issues that negatively affect
victims of crime.
The Panel focused on CSC’s proposals for the recruitment and hiring of regional staff
who have experience in victim services, the development and provision of training in
consultation with victims and victim groups, and the development of reference
documentation that will assist CSC staff in responding to victim requests in a timely
manner and will also give victims a variety of electronic and direct contact portals for
information.
Furthermore, the Panel reviewed CSC’s proposed communication strategy to support
comprehensive communications with victims and its government partners.
Of particular importance to the Panel was the implementation of a consultation strategy
for engaging the victim community, regionally and nationally.
The Panel has concluded that the elements of the National Victim Services Program are
sound and should enhance information services to victims of crime. Because this
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initiative is in its early stages, the Panel recognizes the need for a continued integration of
activities and ongoing collaboration between CSC, NPB, Justice Canada and the Office
of the Federal Ombudsman for Victims of Crime to ensure a seamless approach, and to
ensure that victims and victim communities are consulted. The Panel was also impressed
by CSC’s willingness to proactively respond to suggestions made by the Panel in order to
strengthen the National Victim Services Program.
Because future funding is contingent on a detailed evaluation, the Panel wants to ensure
that methods to collect and analyze operational and financial information are put in place
now to ensure the availability of timely, accurate information. The Panel is also
encouraged that a Victim Advisory Committee will be created.
In consultation with the Federal Ombudsman for Victims of Crime, it is suggested that
two recommendations of the Parliamentary Committee on Justice and Human Rights53 be
reviewed for reconsideration, namely:
•
providing information to victims related to offender program participation, offender
penitentiary conduct and new offences committed by a conditionally released
offender resulting in reincarceration (possible amendment of Sections 26(1)(b) and
142(1)(b) of the CCRA); and
•
advising victims in a timely manner, and in advance when possible, of the planned,
anticipated or scheduled routine transfer of inmates (possible amendment of
26(1)(b)(ii) of the CCRA).
Currently, any information victims provide to CSC or the NPB for decision-making
purposes is shared with the offender. Concern has been expressed about the potential
impact of the use of this information on victims of family violence. Under Section
27(3)(a) of the CCRA, the CSC Commissioner may not disclose information if there are
reasonable grounds to believe that the disclosure would jeopardize the safety of any
person. The Panel believes that CSC must review how this section of the CCRA is
operationally applied, to ensure that the proper safeguards are in place to protect victims.
53
See the Committee’s Report, “The Corrections and Conditional Release Act: A Work in Progress,”
Standing Committee on Justice and Human Rights, May 29, 2000.
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RECOMMENDATIONS
80.
The Panel recommends that CSC continue ongoing consultation with victims and
victim communities and supports the creation of a Victims Advisory Committee,
as well as continuing to collaborate with federal partners.
81.
The Panel recommends that a strategy be developed, in conjunction with the
Aboriginal Policy Branch, Public Safety, the Federal Ombudsman for Victims of
Crime, and Aboriginal organizations, to reach out to Aboriginal victims to ensure
their information needs are identified and addressed.
82.
The Panel recommends that CSC ensures that it continuously reviews the
progress being made with victim’s services to ensure full implementation is
achieved in a timely manner.
83.
The Panel recommends that the Corrections and Conditional Release Act be
amended to share information with registered victims on the progress of
offenders in addressing their correctional plan and the incidents of penitentiary
discipline on an annual basis at a minimum.
84.
The Panel recommends that CSC’s operational policy, in the context of Section
27(3)(a) of the Corrections and Conditional Release Act, and as applied to
victims of crime, be reviewed to ensure that victims are aware of these provisions,
that procedures are in place to determine potential risk, and that these provisions
are being applied as and when appropriate.
85.
The Panel recommends that, given the creation of the Office of the Federal
Ombudsman for Victims of Crime, the provision of services to victims be reviewed
holistically to ensure that resources are maximized and possible duplication of
services avoided and gaps in service eliminated.
86.
The Panel recommends that CSC heighten the awareness of available victim
services by working with its provincial and territorial counterparts, i.e., Crown
Attorneys, in order to allow for an improved exchange of information about
victim services.
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HUMAN RESOURCE MANAGEMENT—RESPONDING TO
CHANGE AND NEED
In this section, we endorse CSC’s Strategic Plan for Human Resource Management. We
highlight a set of recommendations that respond to discussions that took place with
frontline staff and for the basis of initiatives that should be undertaken by CSC to further
the strategic priorities outlined in the Plan. The following chart provides a summary of
the recommendations made by the Panel.
Human
Human Resource
Resource Management
Management
KnowledgedKnowledged-based
Organization
Governance Structure
TeamTeam-oriented
Organization
Recruitment and Retention
CSC
-disciplinary Staff
Multi
CSCMultiMulti-disciplinary
Staff
Training and Development
Quality Assurance of
CSC Policy Implementation
ManagementManagement-Union
Collaboration
Succession Plan
Horizontal
Career Development
Appropriate Level of Funding
for Human Resource Function
The Panel reviewed CSC’s Strategic Plan for Human Resource Management 2007–10
and the results of the Public Service Employee Survey (2005). The Panel recognizes the
main priorities of the strategy—strengthening human resource management practices,
tools and capacity; enhancing an effective representative work force; learning training
and development to meet future business needs, improving workplace health, and
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Report of the Correctional Service of Canada Review Panel
promoting effective and responsive labour relations. The Panel asks that CSC align these
priorities and their initiatives with the Panel’s observations and recommendations.
The Strategic Plan for Human Resource Management identifies CSC’s commitment to
strengthening management practices to ensure that there is a robust and effective
organization able to deliver on its key operational priorities and other activities in a costeffective manner, and that this is done in a way that is consistent with public service
values that are essential to a healthy workplace and to the confidence and trust of
Canadians. The Panel endorses the strategic plan.
Discussions with frontline staff across the country identified particular concerns that the
Panel believes CSC should recognize.
As expressed by the Professional Institute of the Public Service of Canada (PIPSC)
union:
For years now we have heard that a cultural change is needed at CSC. That
better relationship and respect needs to be developed between the different
groups who operate in the penitentiaries. Although we hear the words, in
fact, very little has been done and our members unfortunately continue to
find themselves in very uncomfortable situations and fear complaining or
raising concerns for fear of reprisals, which in an penitentiary environment
can have serious consequences.54
And the Union of Solicitor General Employees (USGE):
Work conditions at both the institutional and community levels are
continually evolving. CSC has acknowledged the need for ongoing employee
training. Yet, when it comes time to replace words with action, promises and
commitments repeatedly disappear. There is a pervasive viewpoint among
USGE members that training opportunities are overwhelmingly weighted
towards the managerial cadre…55
54
55
“Presentation to CSC Review Panel, Safer Communities,” PIPSC, August 8, 2007, page 2.
“USGE Submission to the CSC Review Panel,” USGE, June 4, 2007, page 8.
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These echoed concerns expressed in the Public Service Employee Survey (2005). In
particular, the Panel notes that staff continue to feel that the quality of their work suffers
because of four specific concerns: (i) priorities are constantly changing; (ii) organization
structures are constantly changing; (iii) decision-making/approval process are
cumbersome; and (iv) staff are being asked to do significantly more with fewer resources.
Furthermore, staff continued to express concerns about the inability to take the initiative
in their jobs, dissatisfaction with their career progress, and inadequate training to do their
jobs.
The Panel notes with some alarm the significant reality facing CSC: more than 40% of its
staff could leave within the next three years, with a significant percentage coming from
the senior management ranks.
As we travelled across the country, the Panel noted instances where it was apparent that
policies were not being fully implemented. Particular examples include security
procedures at the principal entrances to penitentiaries, searching, cell effects. The Panel
therefore strongly suggests that CSC ensures full compliance with its policies. There is a
requirement for CSC to maintain high level of quality assurance to ensure what it is
mandated to do in policy is actually being done. This will require the strengthening of its
internal monitoring procedures.
The Panel suggests that CSC review its strategic priorities and the continuing concerns of
frontline staff to describe how the following seven priorities will be examined in the
context of the Panel’s recommendations:
1.
a staff recruitment and retention, and training and development plan that responds
to industry standards;
2.
a succession plan that maintains knowledgeable, trained frontline, middle and
senior management levels;
3.
a governance structure that supports more integrated functional support structures
nationally, and strengthened decision-making at the frontline;
4.
a collaborative approach to working with the unions to resolve frontline issues and
concerns, consistent with the Public Service Renewal and the Public Service
Labour Relations Act;
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Report of the Correctional Service of Canada Review Panel
5.
a knowledge-based organization that focuses on maintaining core competencies and
developing enhanced capabilities to manage a changing offender population and the
complex operational requirements associated with federal corrections;
6.
a team-oriented organization that effectively brings interdisciplinary staff together
in the effective and safe management of offenders in their transition from life inside
the walls to life outside the walls as law-abiding citizens; and
7.
appropriate levels of funding to ensure its human resource function can provide
timely and effective service to the organization, particularly at the penitentiary and
community levels.
RECOMMENDATIONS
87.
CSC must focus on being a knowledge-based organization through the
development and training of all staff to meet the unique skill requirements of
their jobs and the management requirements associated with the risk and needs
of a changing offender population. This should occur in the context of Public
Service Renewal and in accordance with industry standards.
88.
The Panel recommends that particular emphasis, be placed on horizontal career
development, by allowing, through flexible classification and staffing processes
(in accordance with the Public Service Modernization Act), the deployment of
professional staff between and among penitentiaries, the community and regional
and national offices. The goal should be to provide strong, effective and
consistent leadership that focuses on resolving issues at the lowest level of
management.
89.
The Panel recommends that CSC review its current strategies for recruitment and
retention of all staff, while focusing on ensuring
a)
appropriate cultural representation, particularly representation of
Aboriginal People, including Elders, Aboriginal Liaison Officers in
penitentiaries and the community, and staff in women’s penitentiaries, in
the context of the recommendations of Glube;
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b)
professionals to support mental health delivery programs and treatment in
CSC penitentiaries, regional mental health facilities (including dedicated
correctional officers) and the community;
c)
the creation of an integrated security intelligence function; and
d)
program and case management staff that can effectively respond to
operational requirements posed by the introduction of ‘earned parole’; staff
to respond to the development of an enhanced and integrated
employability/employment model.
90.
The Panel recommends that CSC review the operational requirements associated
with the management of proposed structured populations and consider
approaches to build inter-disciplinary teams—correctional officers, parole
officers, mental health professionals, program and employment specialists, interfaith staff—to maximize the participation of offenders in their correctional plans
and prepare them for gradual transition to an offence-free reintegration in the
community.
91.
The Panel recommends that CSC have the appropriate level of funding to ensure
its human resource function can provide timely and effective services to the
organization, particularly at the penitentiary levels.
92.
The Panel supports the collaborative approach and the requirement for adequate
resources to support initiatives that are being taken by CSC management and the
Unions to resolve frontline issues, consistent with the Public Service
Modernization Act and the Public Service Labour Relations Act.
93. The Panel recommends that CSC consider a governance structure that ‘flattens’
the management structure in order to create more integrated functional support
structures, nationally, strengthen decision-making at the frontline, and respond
to the full set of recommendations proposed by the Panel.
94.
The Panel recommends that CSC ensures a quality assurance process is in place
to monitor compliance with CSC policies.
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ACCOUNTABILITY—MEASURING PERFORMANCE
In this section, we encourage CSC to be more rigorous in developing and monitoring
results and performance standards. The chart that follows summarizes the four key
recommendations made by the Panel.
Accountability
Accountability–– Measuring
Measuring Performance
Performance
Review options to improve
data on rere-offending
Work with Federal/ Provincial
partners to develop a
comprehensive, integrated
reporting system that
measures rere-offending
Measurement
Measurement of
of effectiveness
effectivenessof
of
correctional
correctional interventions
interventionsduring
during
incarceration
incarcerationand
andunder
undersupervision
supervision
in
in the
the community
communityand
andthe
the level
level
of
-offending in
re
of rere-offending
inthe
the community
community
Engage Canadian Communities and
provide meaningful explanations of
positive contribution of
rehabilitated offenders to
local communities
Improve Performance Standards
(a)
How does CSC currently measure performance?
As with any other government department or agency, CSC is required to provide its
Minister with a Report on Plans and Priorities which sets out the priorities of the
Service, its work plans and the associated forecasted expenditures. This report is
generally tabled in the House of Commons at the beginning of each fiscal year.
Subsequently, at the end of the fiscal year, CSC is then required to account for its
achievements against the earlier proposed plans in its Departmental Performance Report.
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A Roadmap to Strengthening Public Safety
The result that CSC measures to assess the effectiveness of its correctional interventions,
both while the offender is incarcerated and then under supervision in the community, is
the level of reoffending committed by offenders. This is measured in a variety of ways
(see Appendix E):
•
reoffending with any conviction while on supervision;
•
return to custody for a violent offence 2 years post-WED; and
•
return to custody for a violent offence 5 years post-WED.
The above categories are also broken down by men offenders, women offenders,
Aboriginal offenders, non-Aboriginal offenders, and offenders with mental heath issues,
and are published yearly in CSC’s Departmental Performance Report.
(b)
Gaps in Measurement Strategy
While the Panel acknowledges that CSC tracks the reoffending of offenders under its
supervision, we are concerned that there is a breakdown in the subsequent tracking of all
crimes committed by offenders. For example, if a former federal offender commits a
crime that results in a sentence of less than two years, then that offender is not returned to
federal custody and CSC’s data does not capture this offence. Therefore, it is reasonable
to assume that the reoffending data put forth by CSC regarding former offenders is
probably understated, but by how much is not known.
The Panel was briefed by Statistics Canada, which is working with CSC and all
provincial Heads of Corrections to create a seamless repository, but Statistics Canada
informed the Panel that this would not be finalized for quite some time given the different
methods of storing information, incompatible technology, etc. The Panel believes that
this work is important and should continue as it provides Canadians with a true portrait of
crime in Canada.
The Panel also encourages CSC to become more rigorous in developing and monitoring
performance standards. One of the best examples that the panel has seen is that utilized
by HM Prison Service in the United Kingdom. It sets out the standard to be achieved,
lists performance indicators, and links the required outcomes to policies and procedures.
Furthermore, it also includes key audit baselines.
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Report of the Correctional Service of Canada Review Panel
Other gaps in performance measurement appear to be in the area of employability and the
elimination of drugs from penitentiaries. The Panel encourages CSC to continue working
to establish a baseline of the current situations, establish targets and develop an
evaluation strategy that clearly measures results.
(c)
Public Education
The Corrections and Conditional Release Act requires that the Service be:
5.(e) maintaining a program of public education about the operations of the
Service.
The Panel was often struck by the enormity of CSC’s operations and how little members
of the public knew about the workings of the system. Across the country, the Panel
repeatedly heard that communities were unaware of the vast contributions to public safety
that were being made by the Service, through initiatives such as giving back to
communities through the volunteer contributions of both staff and inmates, the provision
of free inmate labour to assist in community restoration, etc.
Although the Panel recognizes the work that CSC puts into tracking recidivism, we feel
that the Service’s contribution to public safety is not recognized or understood locally.
Public education and engagement appeared to be inconsistent across the country—in
some sites, a great deal was being done, in other sites, very little. It is important that the
Service reach out to engage communities and provide meaningful explanations of the
potential contribution of rehabilitated offenders to local communities. Furthermore,
perhaps it would be useful to drill down or “translate” the national or regional
reoffending statistics to the local community so that citizens, city council and police can
understand CSC’s contribution to public safety.
RECOMMENDATIONS
95.
The Panel recommends that federal and provincial partners in the criminal
justice system work together to develop a comprehensive integrated reporting
system that effectively measures reoffending by offenders and clearly
communicates this information to Canadians.
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96.
CSC should strengthen its performance measures and look to other correctional
jurisdictions to improve its capability to develop ‘targets for results’.
97. The Panel recommends that CSC strengthen its performance measurement in the
areas of offender employability and the elimination of drugs from penitentiaries.
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Report of the Correctional Service of Canada Review Panel
PHYSICAL INFRASTRUCTURE—YESTERDAY’S
INFRASTRUCTURE DOES NOT MEET TODAY’S NEEDS
We asked CSC to conduct a preliminary review of the cost benefits associated with the
development of regional complexes versus making improvements to its current
infrastructure, or maintaining the status quo. We asked Deloitte-Touche to review these
cost estimates, particularly in light of the limitations imposed by time constraints and
limited consultations. We believe that this initial information supports further investment
to examine new approaches to facilities design and construction that provide increased
opportunities to deliver more effective and efficient correctional services in safe, secure
environments. The following chart looks at the two key issues impacting on current
facilities, proposals to look at the operational and cost benefits of moving to a ‘regional
complex model.’
Physical
Physical Infrastructure
Infrastructure
Managing
Multiple Offender
SubSub-populations
Current
Current
Facilities
Facilities
Operational Inefficiencies
Associated with
Separate/ Discrete
Facilities
Undertake capital and operating
investments in new approaches
to accommodation – regional
penitentiary complexes
More Effective Use of Staff
to Provide Integrated Services
Proposed
Proposed
Regional
Regional
Complexes
Complexes
More Effective Correctional
Management Strategy
Operational Efficiencies
Through
Shared Common Services
Improved Delivery/
Access to Program
CSC to prepare a project development
proposal for design and development
of complexes in each of CSC’s regions
which is fully integrated with CSC’s
accommodation strategy
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Enhanced Security
A Roadmap to Strengthening Public Safety
(a)
Age of Current Facilities
As the Panel toured a sampling of Canadian penitentiaries, we were impressed with the
commitment of staff working in inadequate conditions. Many federal penitentiaries were
built for a single homogeneous offender population. The Panel saw penitentiaries built in
the 1800s and early 1900s where attempts had been made over the years to adapt them to
the current realities. Other penitentiaries built in the mid-1900s reflect the correctional
management philosophy of that era but assumed that all inmates could function as a
homogenous group. There is even one penitentiary in which the cells lack toilets, so staff
must release inmates individually to use the common facilities. (See a listing of federal
penitentiaries by Region and Security Level in Appendix A.)
Irving Kulik, Executive Director of the Canadian Criminal Justice Association further
describes the problem:
‘Patching’ has often been done in most existing CSC facilities, while in
others some new units were added to the old, thus disrupting operations for
years. In the end, few modern, functional and efficient institutions have been
built in the last two decades. Old facilities are expensive to maintain and so
when other budgetary considerations come into play, maintenance is
delayed. Inevitably the organization has a huge collection of decaying
buildings incorporating elements of new construction in an inefficient
fashion.56
(b)
Challenge of Multiple Offender Subpopulations
While the more modern facilities reflect more current thinking around correctional
management, they are built on a model that assumes all individuals are able to function
responsibly. This approach is proving to be problematic as CSC statistics indicate that
inmate assaults occur in both maximum- and medium-security penitentiaries.
As indicated earlier, the multiplicity of subpopulations cannot be mixed, either because of
their incompatibilities (i.e., gangs) or their vulnerabilities (i.e., mental illnesses).
56
“Brief to the CSC Review Panel from the Canadian Criminal Justice Association,” May 28, 2007, page 9.
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The Panel has seen inconsistent institutional layouts that create significant discrepancies
in how services are delivered. Of significant concern is how the physical layout of certain
institutions creates environments that are very challenging for staff to interact with
inmates in a manner that gives the proper balance of static and dynamic security. Some
layouts make it difficult for CSC to provide an overall safe environment for staff.
On a practical level, many older institutions have “blind spots” or areas where the staff do
not have a direct line of sight to offender activities. Consequently, there is high potential
for assaults on staff or other offenders. Trying to rectify this situation in existing
institutions, however, requires either very expensive construction in limited space, or a
more expensive staffing option if construction is not possible.
The Panel has also noted that in some institutions the layout of control posts is not
conducive to providing optimal security within certain living units. While staff and
management at the local level try to identify workable solutions, it becomes a distraction
to delivering effective correctional services and sometimes becomes a divisive issue
between frontline staff and management.
Given all that the Panel has heard about the changing offender profile and the level of
inmate-on-inmate assaults at the medium-security level, the Panel is concerned with
achieving a proper balance between dynamic and static security within any newly built
correctional living unit. The safety and security of staff and offenders is paramount, but if
the balance is tilted towards static security a void is created between correctional staff
and inmates, which is not conducive to the proposed integrated correctional management
process. Equally, an environment that does not allow for the proper containment of a
situation jeopardizes the safety of everyone. The Panel was surprised at the lack of
barriers in some of the new medium security units that it saw at Springhill and Collins
Bay. New penitentiaries must be designed to allow CSC to manage each population
separately. This requirement was supported by UCCO-SACC-CSN who, in their brief to
the Panel, stated:
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A Roadmap to Strengthening Public Safety
Ideally, new construction would…give CSC the ability to physically
separate the inmate populations according to their security classification
and commitment to their correctional plan.57
The Panel recognizes that CSC has tried to address these shortcomings by renovating or
replacing construction over time; however, the reality is that the Service’s construction
budget is not sufficient to address these issues in all institutions in a timely manner. As
well, the continued tinkering with existing infrastructure within the confined space of
existing facilities often unintentionally creates other issues or concerns.
(c)
Separate and Discrete Facilities
While the physical infrastructure within the walls/fences is problematic, the Panel noted
other factors that impact negatively on the delivery of effective correctional services. For
example, the location, or more specifically, the isolation of certain penitentiaries from
other institutions within a region makes it extremely difficult to capitalize on approaches
to manage the diverse challenges presented by the offender population. If a penitentiary is
having difficulties with a certain group or category of offenders, it is difficult to combine
resources within a region when the facilities are separated by hundreds of kilometres. In a
crisis situation or when there’s a need to access professional services at a different
institution, the geographical separation of the penitentiaries creates a unique set of
problems.
It is clear to the Panel that the geographical separation of penitentiaries within a region
does not allow for the implementation of a more effective and efficient correctional
planning model. Currently, when an inmate is transferred from one penitentiary to
another, there is no seamless continuum of care in place. In many cases, staff at the
receiving penitentiary must re-start elements of the correctional planning process and
valuable time is lost in managing the offender’s sentence.
The Panel is also convinced that, by having a physical infrastructure strategy that
maintains an approach of separation, economies of scale are lost by replicating identical
57
“Rewards and Consequences: A Correctional Service for the 21st Century—A brief to the Independent
Review Panel studying the future of Correctional Service Canada,” UCCO-SACC-CSN, June 2007,
page 27.
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Report of the Correctional Service of Canada Review Panel
management, administrative and operational structures in 58 penitentiaries across the
country. While these approaches are necessary given the current approach and location of
institutions, CSC cannot realize cost savings and reallocation opportunities through a
more consolidated approach.
(d)
Proposed Regional Complexes
The Panel has heard from CSC how the shortcomings mentioned earlier could be
addressed by building regional complexes across the country and moving away from a
construction philosophy that relies on stand-alone facilities.
Discussions with the Panel centred around the fact that if CSC could utilize a regional
complex approach to the construction of its institutions, a more effective correctional
management strategy can be put into effect that addresses many of the concerns identified
earlier.
Overall, a regional complex would comprise minimum-, medium- and maximum-security
accommodation areas, appropriately separated within a common perimeter fence but
sharing common services and/or space at different times. For example, common
programming or vocational skills development space could be accessed separately by
different segments of the population or food services could be provided from a common
preparation unit.
The idea of complexes is not foreign to CSC. In its travels across the country, the Panel
saw examples where quasi-complexes were already either in existence or underway (i.e.,
Ste. Anne des Plaines, Saskatchewan Penitentiary, Pacific Institution Regional Treatment
Centre, although integration of management infrastructure, sharing of common services,
etc. still operated in silos.
A regional complex approach would provide an opportunity to more effectively and
efficiently manage larger groups of inmates and use a larger pool of resources to address
the needs of the inmates in a more targeted manner.
The Panel has also noted that there needs to be a better targeted use of program resources
and questioned the appropriateness of trying to offer many core programs at maximum
security. A complex would certainly allow for a better concentration of staff to deliver
select, targeted programs to offenders. It is reasonable to assume that waiting lists for
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A Roadmap to Strengthening Public Safety
programs could be reduced and that offenders would no longer have to wait, as they do in
certain cases, to be transferred to another penitentiary before being able to access a
program.
The Panel also sees the potential for being more effective in eradicating drugs from
entering a complex. With four or five penitentiaries within one perimeter, CSC could
invest in relatively sophisticated equipment to screen not only people but also vehicles
entering the compound. Also, drug detector dogs could be used much more effectively as
well.
Instead of groups of inmates with the same classification level being housed in
institutions with capacities ranging from a few hundred to 500-600 offenders, a regional
complex could house between 1500 and 2000 offenders. A regional complex would also
be able to provide appropriate and separate accommodation for offenders at various
security levels but provide a common management team to oversee the correctional plans
and progress of offenders through their incarceration.
Resource utilization within a regional complex could be better maximized allowing CSC
to easily shift specific capacities around within a common penitentiary perimeter without
transferring inmates from a penitentiary in one city to one in another. This factor in itself
would avoid unnecessary costs associated with transferring inmates, the gaps that are
created by having a new case management team assume responsibility for an offender
every time he/she is transferred, and worrying about having to duplicate an array of
programming responses in each and every penitentiary, despite its size.
A significant advantage of a regional complex design is the ability to reinforce an overall
correctional management model that stresses offender accountability to follow their
correctional plans. No longer would CSC have to keep moving offenders between
facilities within a province or across the country. Offenders would usually be maintained
and managed within the complex but their overall location within the complex would be
dictated by their motivation and participation in their correctional plans. Services and
resources would be aligned within the complex based on inmate participation and
motivation.
A regional complex would also provide an opportunity to focus resources to deal with
distinct segments of the population or the distinct needs of segments of the population.
For example, inmates who require ongoing physical health care needs could be housed in
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Report of the Correctional Service of Canada Review Panel
regional health care units thus avoiding high costs associated with prolonged stays in
community hospitals. As well offenders with mental health care needs would have better
access to services that are located in one facility and not thinly spread out between
several penitentiaries.
This design would also provide an opportunity to more consistently address problems
associated with having segregation units in every maximum- and medium-security
penitentiary across the country. A common segregation unit within a complex would
provide a more consistent approach to managing the behavioural problems that a small
segment of the inmate population regularly presents. Common approaches by properly
trained staff could provide a safer and more effective alternative to the smaller
segregation units, which are not staffed properly, to motivate inmates to modify their
behaviour in a positive way.
Furthermore, since the offender would, as a norm, remain in the same regional complex
during the sentence, the potential of maintaining important family ties increases. This is
noted by the Canadian Families and Corrections Network:
Complexes [should] be encouraged because of their potential to affect the
geographical dilemma faced by families, to incorporate or address family
quality of life issues and relationship maintenance need and to improve
potential community support during reintegration.58
Although CSC has not had an opportunity to thoroughly identify overall cost savings
associated with moving to a complex design approach, both the Panel and CSC believe
this new approach would result in cost savings.
To validate the hypothesis as much as possible, the Panel contracted with Deloitte &
Touche to independently estimate the costs of constructing and operating a new regional
complex facility versus the status quo.
Overall, Deloitte & Touche concluded that although a significant level of rigour has been
applied to developing several aspects of the cost estimates and that this has been
conducted in a manner consistent with CSC’s methodologies and practices, it may be
58
Submission to the CSC Review Panel, Canadian Families and Corrections Network, May 23,2007,
page 4.
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A Roadmap to Strengthening Public Safety
possible that the analysis is overly weighted towards “business as usual.” That is,
although the capital, operating and lifecycle estimates are consistent with CSC
methodologies, they may not represent the most advanced thinking, such as that available
from other departments (for procurement timelines), jurisdictions or third- party advisors.
The underlying assumptions for the analysis may be considered reasonable only to the
extent that CSC baseline data and standards (such as resource indicators) are reasonable.
In many respects, the complex may be considered a transformational business model,
potentially requiring new operating approaches and standards. (See Appendix F for
complete report).
RECOMMENDATIONS
98.
The Panel recommends that CSC pursue undertaking capital and operating
investments in a new type of regional, penitentiary complex that responds to the
cost-efficiency and operational-effectiveness deficits of its current physical
infrastructure.
99.
The Panel recommends that CSC develop a ‘project development proposal’ for
consideration which takes into account the recommendations of Deloitte’s
October 4, 2007 Independent Review of the cost estimate for the construction and
operation of a new corrections facility which was commissioned by the Panel.
100. The Panel recommends that in the interim, CSC institute clear criteria to
minimize authorization of retrofit projects.
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Report of the Correctional Service of Canada Review Panel
FINANCIAL MANAGEMENT
In this section, we review CSC’s current capital and operating budgets. With respect to
capital, we propose that CSC reconsider its current accommodation strategy from the
perspective of building new regional, correctional complexes and identifying
opportunities for more effective operational management processes. We also consider the
management of health delivery from two perspectives—the costs associated with using
outside hospitals and the approach required to adequately fund the cost of health care for
federal offenders.
The Panel was asked to review CSC’s Business Plan (2007–08 Report on Plans and
Priorities) and operating budget for the fiscal period ending March 2008. Time
constraints limited the Panel’s review to critical, high-level observations.
(a)
General Comments
The adjusted 2007–08 fiscal budget identifies expenditures of $2.1 billion comprising
$1.3 billion in salaries and contributions to employment benefit plan; $0.6 billion in
general operating expenses and $0.2 billion in capital allocations. The adjusted budget
includes an addition of $0.1 billion to support operating and capital non-discretionary
initiatives to meet statutory requirements, pending the results of the Panel’s report.
It is helpful to note that over the past 10 years CSC has been facing capital and operating
expenditure pressures resulting from a number of factors that have been referenced in this
report, including the changing offender population, increasing requirements for
programming and mental health treatment interventions and the rapid erosion of physical
infrastructure. The rapid increase in demands for operational enhancements has caused
CSC to make significant reallocations of its capital monies to the detriment of addressing
the needs of its aging physical infrastructure. The Panel believes that this situation has to
be addressed to provide the best cost-effective approach to addressing physical plant
pressures without jeopardizing CSC’s ability to fund its operating requirements.
(b)
Capital
CSC’s capital expenditure allocation is $162.0 million for 2007–08 and $241.0 million
for fiscal 2008–09. This includes re-profiling from delayed approved projects previous
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years, and the addition of two years of interim funding, $43.6 million in 2007–08 and
$89.2 million 2008–09, to address immediate physical plant and equipment pressures.
However, according to CSC, their true capital needs are better represented by
requirements identified in the following table.
Correctional Services Infrastructure
Long Term Capital Investm ent Requirem ents
Cost Basis in Current Dollars (No Inflation)
(000)
Fiscal Year
2007-08
2008-09
2009-10
2010-11
2011-12
2012-13
2013-14
2014-15
2015-16
2016-17
T otal- 10 years
Average per year
Actual R eference
Levels (*)
O perational
Status Q uo
Status Q uo plus
APR /EP (**)
$162,052
$241,050
$150,200
$132,295
$129,200
$129,200
$129,200
$129,200
$129,200
$129,200
$162,052
$298,650
$263,100
$242,895
$268,898
$305,253
$368,314
$335,417
$340,000
$360,000
$162,052
$298,650
$263,100
$246,895
$288,398
$357,253
$451,514
$429,417
$540,000
$560,000
$1,460,797
$2,944,579
$3,597,279
$146,080
$294,458
$359,728
(*) Includes two years transition funding of $43.6M in 07-08 and $89.2M in 08-09 and
reprofiling of previous years funding. Baseline is $129.2M .
(**) Assum es APR and Earned Parole (EP) legislation will be adopted in 2008-09.
The Operational Status Quo column reflects CSC’s estimate of the capital required to
remain within its statutory requirements as they relate to providing safe and secure
facilities. The Status Quo Plus (plus APR/EP) column presents CSC’s estimate of its
requirements in order to respond to population increases driven by the elimination of
Accelerated Parole Review and Statutory Releases and their replacement with Earned
Parole, as recommended in this Report. These estimates are primarily driven by an
assumption of an increase of approximately 1,600 new beds over the 10-year period. The
Panel notes that consideration has not been given to the positive impact that an earned
parole program might have on reducing the number of offenders reoffending in the
community and its impact on the total bed count. The Panel believes that a fully
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Report of the Correctional Service of Canada Review Panel
functioning earned parole system, coupled with the recommendations in this report will
have a positive impact on the effectiveness of the correctional system.
CSC carries out a yearly, extensive program review to assess its capital requirements and
updates its Long-term Capital Accommodation Plan. In the preparation of this capital
plan, CSC considers such factors as:
•
code, regulatory and policy requirements;
•
security requirements;
•
addition of new capacity to respond to increases in offender populations;
•
major repairs or upgrades to existing facilities and equipment;
•
adjustment required for operational requirements; and
•
replacement of facilities and equipment at the end of their life cycles.
Core to CSC’s capital plan is an approved base, capital budget of $129.2 million. The
forecasted average cost of maintaining the operational status quo results in an average
incremental requirement of $148.4 million per year or approximately $1.5 billion over ten
years. The likelihood of the true requirement approaching $175 to $200 million per year
is high when considering such factors as the continuing increases in the cost of capital
projects (inflation); operational impacts related to the changing offender population that
result in certain facilities becoming operationally dysfunctional, and changes in
infrastructure to respond to programming needs, particularly those associated with
‘retooling’ CORCAN’s operations. Further pressure will be applied to base capital needs
as a result of some of the recommendations of this report.
A key consideration that is not factored into CSC’s current capital cost estimates is the
impact of building new facilities or even correctional in different regional locales or
correctional complexes, financing these new capital expenses in a new way, and
decommissioning facilities that have long served their usefulness. The Panel believes that
these considerations must be added to the equation. CSC must be prepared to consider the
cost advantages of ‘building new facilities/complexes’ vs. ‘maintaining old
infrastructure,’ especially when considering the incremental and escalating maintenance
costs of facilities that have well passed their normal life cycles. In this context, it should
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be understood that the idea of a ‘complex’ is not foreign to CSC. The Panel saw examples
where ‘quasi-complex’ were either in existence or under development (Sainte-Anne-desPlaines, Saskatchewan Penitentiary, Pacific Institution and Regional Treatment Centre).
The management of these facilities still does not take advantage of the operational
efficiencies that would be associated with a complex.
What is clear to the Panel is that, if CSC is in need of additional capital of $200 million
or more each year to maintain and replace its current facilities, it warrants full
consideration of whether these additional investments would be better allocated to
financing new, more operationally efficient and effective complexes that could meet
evolving population management requirements. The Panel believes that the physical
configuration that has been described for complexes could meet these requirements,
particularly when considering the report provided by Deloitte and Touche. It indicated
that initial estimates provided by CSC were based on operating assumptions more
specific to the status quo, and did not represent potential cost-efficiency and costeffectiveness scenarios that were more futures oriented. As a consequence, their
conclusion was that further consideration should be given to issues such as operational,
program delivery and staff complement efficiencies accruing from the proximity of
facilities; consideration of the financial impact of longer life cycles; management of the
impact of future population growth, and savings from rethinking how refreshing and/or
redeveloping of current infrastructure could occur.
(c)
Operating
Generally, CSC’s operating budget is distributed in the following manner—79.4% to
penitentiaries, 11.8 % to the community, and 8.8% to National and Regional
Headquarters. It should be noted that some recent adjustments to this operating base such
as resources for the correctional officer contract agreement and community mental health
initiatives were primarily allocated to penitentiaries and the community. It is further
noted that in 2007–08 approximately 7.7% is identified for Program Development and
Delivery and 8.0% for Health Care.
The Panel has been told that under current operating assumptions there is little flexibility
to reallocate resources to where they may be required in the future. Based on the needs of
the changing offender population, increases to the current operating bases for programs
and health could be significant. However, the Panel believes that there are possible
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Report of the Correctional Service of Canada Review Panel
efficiencies that could be identified as part of CSC’s response to its recommendations.
Gains through operational effectiveness measures should be considered in both the
penitentiary and community areas.
The Panel recommends CSC undertake a review of possible efficiencies that could be
identified through the reengineering of penitentiary, operational processes. In particular
the review and introduction of new approaches to program development and delivery
should result in the identification of re-profiling opportunities.
At the same time, the Panel recognizes that CSC’s current infrastructure may severely
limit its ability to implement extensive re-profiling. The Panel strongly believes that the
introduction of new physical infrastructures, either through redeveloped penitentiaries, or
the building of new complexes, should provide CSC with the flexibility to re-profile costs
to the benefit of improved program delivery.
The Panel suggests that CSC look at other correctional jurisdictions to determine the
operational and related cost-effective benefits of moving in this direction.
With respect to the delivery of health care, the Panel notes that because offenders are
outside the health care system (Canada Health Act) while they are under sentence CSC is
totally responsible for the costs of their health care needs. Simply put, the majority of
health needs of offenders would be funded either under provincial health plans of their
respective provinces, if they were individuals in the community, or, in the case of mental
health, under special allocations from Health Canada.
The total adjusted resource allocation for 2007–08 for health care is $151.4 million.
Actual costs for hospitalization alone have increased by 25% from $5,778.4 million in
2004–05 to $7,216.6 million in 2006–07. The Panel understands that hospitals in the
Ontario Region use OHIP standards to build for care and treatment (inpatient care, day
surgery) outside the penitentiary. At the same time, the Panel was made aware of
variances in the use of these standards, particularly in areas outside major metropolitan
areas. The Panel suggests that CSC review standards used in the delivery of outside
hospitalization in each of its regions in order to ensure that they are consistent with
provincial standards, or are justified based on factors such as geographic location,
availability of specialist staff, etc.
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The provision of both medical and mental health care in federal penitentiaries by CSC is
of concern to the Panel, particularly in light of the escalating costs of health care and the
diminished role of the provinces in providing acute mental health care in the community.
As a consequence, the Panel wants to highlight the importance of ensuring that both
federal and national initiatives related to health care take into consideration the
responsibilities and accountabilities of CSC. The Panel suggests that the Government
examine how health care costs are funded for federal offenders and either consider
providing a direct allocation out of Health Canada, or continuing consideration of these
core costs in the determination of CSC budgetary allocations.
The Panel notes that CSC made a strong case for and received interim funding to offset
ongoing capital and operating requirements to address the risks and needs posed by the
changing offender population. The Panel believes that this funding is critical to provide a
minimum response while CSC examines the immediate and longer-term impacts of the
recommendations of the Panel. We believe this interim funding for 2007–09 should be
made part of CSC’s baseline operating allocations and referenced in future resource
submissions.
RECOMMENDATIONS
101. The Panel recommends that any review of changes to CSC’s physical
infrastructure consider the impact of building new correctional facilities in
different regional locales or correctional complexes, financing these new capital
expenses in a new way, and decommissioning facilities that have long served their
usefulness.
102. The Panel suggests that CSC look at other correctional jurisdictions to determine
the operational and related cost-effective benefits of building new correctional
facilities in different regional locales or correctional complexes.
103. The Panel recommends that CSC review standards used in the purchase of
outside medical services in each of its regions.
104. The Panel recommends that the government take into consideration the
importance of ensuring that both federal and national initiatives related to health
166
Report of the Correctional Service of Canada Review Panel
care reflect the responsibilities and accountabilities of CSC. The Panel suggests
that the Government examine how health care costs are funded for federal
offenders and either consider providing a direct allocation out of Health Canada,
or continue consideration of these core costs in the determination of CSC
budgetary allocations.
105. The Panel recommends that the two-year bridge funding provided by Treasury
Board to CSC for the period of 2007–09 be extended as part of CSC’s normal
operating allocations.
167
A Roadmap to Strengthening Public Safety
OTHER CONSIDERATIONS
(a)
Frivolous and Vexatious Grievances by Offenders
CSC is faced with a small number of offenders who file grievances continuously and in
large numbers. These grievances must be managed more expeditiously, while protecting
the offender’s right to raise issues of concern for review and action.
The Panel reviewed legislative alternatives but concluded that they do not offer a fair and
expeditious approach to managing these types of grievances. The Panel has concluded
that these types of grievances should be reviewed and resolved at the first level of the
grievance process and applying CSC policies at that level.
RECOMMENDATION
106. The Panel recommends that CSC clearly establish criteria to define offender
grievances that are considered frivolous and vexatious and review its Offender
Redress System to ensure that procedures are introduced at the ‘first level’ of the
grievance process to address these grievances in the context of CSC policy.
(b)
Initial Placement of Offenders Convicted of First and Second
Degree Murder
The Panel was asked to comment on the current approach used by CSC to classify and
place offenders sentenced to first or second degree murder in a maximum-security
penitentiary for at least two years from the start of their sentence. The Panel recognizes
the severity of a sentence for first or second degree murder and that such a sentence
reflects the courts intent to address the sentencing principles of denunciation and
deterrence.
In February 2001, in the House of Commons, the then Solicitor General announced the
then Commissioner’s direction that offenders convicted of first and second degree murder
would have to spend a minimum of two years in a maximum-security penitentiary, prior
to being considered for transfer to a lower security penitentiary.
168
Report of the Correctional Service of Canada Review Panel
Since the announcement, the 2001 policy has been criticized by various stakeholders,
including the Correctional Investigator and the Canadian Human Rights Commission as
being inconsistent with the overall approach applied to all other offenders; specifically,
individualized assessment and security classifications based on defined factors in the
CCRA. Their argument is that the policy for lifers is contrary to law, as prescribed in the
CCRA, which stipulates that an offender’s security classification and subsequent
penitentiary placement provide the least restrictive environment, in accordance with the
offence, history and needs, and taking into account the safety and security of the
penitentiary and the public.
This policy has also been challenged in court on three occasions and, in all cases, CSC
was successful on technical or jurisdictional grounds. However, while the legal
perspective supports CSC’s ability to change its policy, it was noted that any policy
change must allow for the individual assessment of offenders rather than a generalized
practice.
Although CSC has since made some minor adjustments in terms of where the decisionmaking authority is for any exceptions to the current policy, these changes have not
resolved the larger debate around the perceived legitimacy of such a policy.
The Panel recognizes that a life sentence is the most severe sentence that an individual
can receive in Canada and believes that the management of offenders serving life
sentences must be more clearly defined within the federal correctional system. The Panel
also agrees that all offenders should remain at a determined security level as long as that
level of security is deemed necessary to best manage the offender in light of public and
penitentiary safety.
However, it is critical to ensure that all processes related to the management of offenders
have a clear grounding within legislation. An overall management strategy should be in
place to ensure that the implications of a life sentence are understood and managed in a
way that ensures public safety is paramount and that the needs of offenders are addressed
in a logical manner over the course of the long-term sentence.
169
A Roadmap to Strengthening Public Safety
RECOMMENDATIONS
107. The Panel recommends that consideration be given to amend the CCRA to clearly
define the initial security level and duration of placement of offenders convicted
of first and second degree murder and the reasons for placement.
108. Offenders convicted of first and second degree murder should be managed
differently from offenders with short sentences. In light of the impacts of the
amendment, CSC should use the results of intake assessment and the offender’s
correctional plan to manage the offender’s sentence in a comprehensive manner
until subsequent decision points related to the reassessment of the progress the
offender has made in following the correctional plan.
(c)
Collection of DNA Samples
The Panel has heard from a number of interest groups suggesting that the DNA Data
Bank should be expanded to include a broader range of offences and that consideration
should be given to taking samples from all federal offenders, regardless of the offence
committed.
RECOMMENDATION
109. The Panel recommends that, as part of its contribution to ongoing and effective
criminal investigations, that CSC be supportive of any action that considers
taking DNA samples from federal offenders in CSC penitentiaries, especially
from sexual and dangerous offenders.
170
A Roadmap to Strengthening Public Safety
Appendix A:
Federal Penitentiaries by Region and Security Level
ATLANTIC REGION
Security Level
Minimum
Medium
Institution Name
Westmorland Institution
Springhill Institution
Dorchester Penitentiary
Atlantic Institution
Shepody Healing Centre
Nova Institution for Women
Date In-Service*
1962
1967
1880
1987
1880
1995
Security Level
Institution Name
Date In-Service*
Minimum
Frontenac Institution
Beaver Creek Institution
Isabel McNeill House
Pittsburgh Institution
Fenbrook Institution
Bath Institution
Collins Bay Institution
Joyceville Institution
Warkworth Institution
Kingston Penitentiary
Millhaven Institution
Regional Treatment Centre
Grand Valley Institution for Women
Maximum
Multi-Level
REGIONAL TOTAL
Rated Capacity as of
March 31, 2007
252
367
413
233
48
70
1,383
Age
45
40
127
20
127
12
ONTARIO REGION
Medium
Maximum
Multi-Level
1962
1961
1934
1963
1998
1972
1930
1959
1967
1835
1971
1855
1997
REGIONAL TOTAL
Rated Capacity as of
March 31, 2007
193
202
10
226
404
342
217
452
537
421
414
143
118
3,679
Age
45
46
73
44
9
35
77
48
40
172
36
152
10
PRAIRIES REGION
Security Level
Institution Name
Minimum
Rockwood Institution
Riverbend Institution
Willow Cree Healing Lodge
Grande Cache Institution
Pê Sâkâstêw Centre
Grierson Centre
Bowden Annex
Drumheller Annex
Stony Mountain
Drumheller Institution
Bowden Institution
Edmonton Institution
Regional Psychiatric Centre
Okimaw Ohci Healing Lodge
Edmonton Institution for Women
Saskatchewan Penitentiary
Medium
Maximum
Multi-Level
Date In-Service*
REGIONAL TOTAL
171
1962
1962
2002
1985
1997
1912
1992
1997
1876
1967
1974
1978
1978
1995
1996
1911
Rated Capacity as of
March 31, 2007
167
126
40
243
60
30
80
72
546
526
415
227
194
28
135
539
3,428
Age
45
45
5
22
10
95
15
10
131
40
33
29
29
12
11
96
Report of the Correctional Service of Canada Review Panel
QUEBEC REGION
Security Level
Institution Name
Minimum
Montée St-François Institution
Federal Training Centre
Ste-Anne-des-Plaines Institution
Leclerc Institution
Archambault Institution
Drummond Institution
Cowansville Institution
La Macaza Institution
Donnacona Institution
*Regional Reception Centre – includes
the Special Handling Unit (SHU)
Port-Cartier Institution
Joliette Institution
Regional Mental Health Centre
(Archambault)
Medium
Maximum
Multi-Level
Date In-Service*
1963
1952
1970
1961
1969
1984
1966
1960
1986
Rated Capacity as of
March 31, 2007
243
375
165
481
284
369
423
240
355
Age
44
55
37
46
38
23
41
47
21
1973/1984
303
34/23
1988
1997
237
99
19
10
1969
119
38
REGIONAL TOTAL
3,693
PACIFIC REGION
Security Level
Institution Name
Minimum
William Head Institution
Kwìkwèxwelhp Healing Village
Ferndale Institution
Matsqui Institution
Mountain Institution
Mission Institution
Kent Institution
Fraser Valley Institution
Pacific Institution
Regional Treatment Centre
Medium
Maximum
Multi-Level
Date In-Service*
1959
1975
1973
1966
1962
1977
1979
1993
1967
2004
REGIONAL TOTAL
National
Capacity Total
Rated
Rated Capacity as of
March 31, 2007
140
50
166
350
440
228
228
61
223
192
2,078
Age
48
32
34
41
45
30
28
14
40
3
14,261
NATIONAL TOTALS
Institution
Number of Institutions
Institutions over 40 Years
58 Institutions
28 Institutions
Average Age
44 Years
Date In-Service*
Rated Capacity as of
March 31, 2007
Age
Not applicable
Not applicable
73
140
Also included in current
holdings:
Prison for Women (P4W)
Laval Penitentiary
NATIONAL TOTALS (including P4W and Laval)
Number of Institutions
60 Institutions
Institutions over 40 Years
30 Institutions
Average Age
1934
1867
46 Years
172
A Roadmap to Strengthening Public Safety
Appendix B:
Offender Program Outcomes
Offender Program Outcomes by Type of Program
2002-03
Violence Prevention
Programs
Sex Offender
Programs
Substance Abuse
Programs
Family Violence
Prevention
Programs
Living Skills
Programs
Community
Correctional
Programs
Special Needs
Programs
Women Offender
Programs
Aboriginal Initiative
Programs
2003-04
2004-05
2005-06
2006-07
All Outcomes
526
649
577
561
482
% Completions
All Outcomes
% Completions
All Outcomes
% Completions
67%
1389
67%
6060
69%
65%
1370
59%
5257
63%
62%
1212
59%
5051
60%
62%
1121
58%
5249
62%
65%
1060
63%
5458
66%
All Outcomes
1235
977
745
817
836
% Completions
All Outcomes
% Completions
84%
4366
78%
78%
3622
76%
68%
2996
76%
73%
2822
78%
74%
2534
79%
All Outcomes
473
487
563
610
763
% Completions
All Outcomes
% Completions
All Outcomes
% Completions
All Outcomes
% Completions
64%
182
54%
82
77%
263
39%
59%
144
45%
149
52%
267
49%
64%
189
52%
300
39%
289
35%
58%
151
42%
358
35%
220
37%
55%
285
53%
405
28%
304
29%
Source: Corporate Reporting System (August 19, 2007).
173
Report of the Correctional Service of Canada Review Panel
Appendix C:
Outcomes of CSC Educational Programs
Outcomes of CSC Educational Programs
Educational Programs
ABE I: Grade 1 to 5.9
ABE II: Grade 6 to 8.9
ABE III: Grade 9 to 10.9
ABE IV: Gr 11 to H Sch
Diploma
GED: Completion of
GED
Vocational
Emp Skills & Career
Couns
All Outcomes
Completions
All Outcomes
Completions
All Outcomes
Completions
All Outcomes
Completions
All Outcomes
Completions
All Outcomes
Completions
All Outcomes
Completions
All Outcomes
Completions
2002-03
11 478
27%
2 463
21%
2 181
15%
1 961
17%
1 684
26%
611
35%
1 493
49%
561
70%
2003-04
11 917
29%
2 147
16%
2 371
12%
1 971
18%
1 817
28%
627
31%
2 060
63%
516
61%
Source: CSC Corporate Reporting System (September 21, 2007)
174
2004-05
11 346
30%
1 727
14%
2 478
15%
1 944
23%
1 838
28%
607
31%
1 711
65%
650
64%
2005-06
11 134
30%
1 676
13%
2 223
15%
1 967
20%
1 576
20%
981
43%
1 458
66%
692
67%
2006-07
10 705
31%
1 711
14%
2 156
16%
1 833
22%
1 411
20%
817
39%
1 136
67%
825
70%
A Roadmap to Strengthening Public Safety
Appendix D:
CSC Program Outcomes
CSC Program Outcomes
National / Community
Measure
All Correctional Programs
All Outcomes
4,222
4,102
4,203
3,954
3,706
% Completion
53.84
48.73
49.89
51.14
51.11
Community Correctional Programs
Ethnocultural Programs
Family Violence
Living Skills
Sex Offender Programs
Special Needs Programs
Substance Abuse Programs
Violent Offenders
Women’s Programs
Aboriginal Initiatives
Education
Personal Development
All Programs (including
correctional programs and other
programs)
2002-03
2003-04
2004-05
2005-06
2006-07
All Outcomes
476
487
563
610
756
% Completion
63.85
58.73
63.77
57.87
54.76
All Outcomes
0
0
0
0
0
% Completion
0
0
0
0
0
All Outcomes
240
237
257
289
261
% Completion
57.92
52.74
55.25
66.78
56.7
All Outcomes
666
468
306
235
246
% Completion
70.42
65.17
63.73
57.87
57.72
All Outcomes
467
546
547
459
456
% Completion
44.75
37.73
45.89
37.47
46.27
All Outcomes
0
0
0
0
0
% Completion
0
0
0
0
0
All Outcomes
2,354
2,304
2,401
2,228
1,824
% Completion
48.56
46.31
45.94
50.45
50.55
All Outcomes
15
32
24
29
33
% Completion
53.33
25
41.67
34.48
48.48
All Outcomes
0
25
104
103
129
% Completion
0
8
34.62
33.01
31.78
All Outcomes
6
3
1
1
1
% Completion
50
0
100
0
0
All Outcomes
201
174
227
286
294
% Completion
54.23
46.55
39.65
50.35
42.52
All Outcomes
338
315
209
158
175
% Completion
74.56
73.65
92.82
89.24
93.14
All Outcomes
4,761
4,591
4,639
4,398
4,175
% Completion
55.32
50.36
51.33
52.46
52.26
Source: CSC Corporate Reporting System (October 21, 2007)
All Outcomes” includes all assignment statuses that fall within “Completion,” “Drop Out” and “Population Management.”
“Completion” includes the assignment statuses of Successful Completion and Attended All Sessions.
175
Report of the Correctional Service of Canada Review Panel
Appendix E:
Statistics on Reoffending
Reoffending with Any Conviction while on Supervision
Aboriginal
Flowthrough
All Convictions
Rate
01-02
02-03
03-04
04-05
05-06
year
2516
2429
2471
2564
2631
3-year average
2529
2502
2472
2488
2555
year
237
240
228
220
228
3-year average
250
245
235
229
225
year
9.4%
9.9%
9.2%
8.6%
8.7%
3-year average
9.9%
9.8%
9.5%
9.2%
8.8%
01-02
02-03
03-04
04-05
05-06
year
14095
13953
13697
13592
13737
3-year average
14341
14154
13915
13747
13675
year
937
916
860
874
830
3-year average
978
980
904
883
855
year
6.6%
6.6%
6.3%
6.4%
6.0%
3-year average
6.8%
6.9%
6.5%
6.4%
6.2%
Non-Aboriginal
Flowthrough
All Convictions
Rate
176
A Roadmap to Strengthening Public Safety
Return to Federal Custody for Violent Conviction within 2 years post-WED
Aboriginal
Offenders Reaching WED
Re-Admission
Rate
00-01
01-02
02-03
03-04
04-05
year
805
776
754
730
794
3-year average
751
766
778
753
759
year
62
41
54
59
67
3-year average
54
51
52
51
60
year
7.7%
5.3%
7.2%
8.1%
8.4%
3-year average
7.1%
6.7%
6.7%
6.8%
7.9%
00-01
01-02
02-03
03-04
04-05
year
3831
3914
3880
3793
3749
3-year average
3778
3809
3875
3862
3807
year
171
181
188
174
204
3-year average
174
170
180
181
189
year
4.5%
4.6%
4.8%
4.6%
5.4%
3-year average
4.6%
4.5%
4.6%
4.7%
5.0%
Non-Aboriginal
Offenders Reaching WED
Re-Admission
Rate
177
Report of the Correctional Service of Canada Review Panel
Return to Federal Custody for Violent Conviction within 5 years post-WED
Aboriginal
Offenders Reaching WED
for any type of offence
Re-Admission
for violent offence
Rate
97-98
98-99
99-00
00-01
01-02
year
607
730
718
805
776
3-year average
611
654
685
751
766
year
92
108
85
121
98
3-year average
96
101
95
105
101
year
15.2%
14.8%
11.8%
15.0%
12.6%
3-year average
15.8%
15.5%
13.9%
13.9%
13.2%
97-98
98-99
99-00
00-01
01-02
year
4043
3820
3683
3831
3914
3-year average
4122
3993
3849
3778
3809
year
370
348
292
317
314
3-year average
373
361
337
319
308
year
9.2%
9.1%
7.9%
8.3%
8.0%
3-year average
9.0%
9.0%
8.7%
8.4%
8.1%
Non-Aboriginal
Offenders Reaching WED
for any type of offence
Re-Admission
for violent offence
Rate
178
A Roadmap to Strengthening Public Safety
Appendix F:
Deloitte and Touche Report
179
Financial Advisory
Correctional Service
of Canada Review
Panel
Independent review of the cost estimate for the construction and
operation of a new corrections facility
October 4, 2007
Table of contents
1. Introduction ...............................................................................................1
1.1
Description of the engagement ..............................................................1
1.2
Framework for the review .....................................................................1
2. Scope and Comparability of the Analysis ........................................................2
2.1
Definition of Status Quo and Complex Scenarios ......................................2
2.2
Key assumptions related to the scope of the review .................................2
2.3
Comparability of Status Quo Facilities to the Complex ..............................3
2.4
Cash Flow Comparison of the Status Quo and Complex.............................3
2.5
Consideration of Delivery Models ...........................................................9
3. Capital cost assumptions............................................................................ 11
3.1
Sources ............................................................................................ 11
3.2
Key assumptions ............................................................................... 11
3.3
Cost breakdown by functional area ...................................................... 12
3.4
Implementation timeline ..................................................................... 14
4. Operating costs assumptions ...................................................................... 16
4.1
Sources ............................................................................................ 16
4.2
Key Assumptions ............................................................................... 16
4.3
Breakdown of Estimated Per Offender Cost ........................................... 17
4.4
Resource Indicators: Efficiencies.......................................................... 17
4.5
Comparable Institutions for Operating and Maintenance Costs................. 18
5. Lifecycle maintenance cost assumptions....................................................... 21
5.1
Sources ............................................................................................ 21
5.2
Key Assumptions ............................................................................... 21
6. Conclusion................................................................................................ 22
© Deloitte & Touche LLP and affiliated entities.
Correctional Service of Canada Review Panel
i
1.
Introduction
1.1
Description of the engagement
The Correctional Service of Canada Review Panel (the “Panel”) has requested Correctional Services
Canada (“CSC”) to develop a cost estimate for a new correctional facility that could incorporate the
correctional activities of existing facilities located in the Kingston area into one footprint (the
“complex”). The complex would be designed in order to incarcerate multiple populations. The objective
of CSC’s analysis is to:
•
determine the cash costs (capital, operating and capital maintenance costs) required for the new
complex;
•
compare these costs against the expected cash costs for the status quo facilities; and
•
ascertain whether the results of the analysis warrants recommending further study to investigate
the costs of the complex.
The Panel has engaged Deloitte to:
•
independently review the estimates developed by CSC for comprehensiveness, and wherever
possible, reasonableness; and
•
Guide the refinements in the cost estimate as required.
1.2
Framework for the review
The following structure was adopted for the review.
•
Scope and Comparability: Review the scope of the analysis and review the comparability between
the status quo facilities and new complex facility (the “facilities”).
•
Capital Cost Assumptions: Review the capital costs (e.g., materials and labour) associated with
the construction of the facilities including related costs such as design/engineering.
•
Operating Cost Assumptions: Review operating costs of the facilities which are predominantly
labour costs but also additional expenses for operating, maintenance, offender related costs and
allocations.
•
Lifecycle or Capital Maintenance Costs: Review the capital expenditures that are incurred over the
lifetime of the facilities. This may include major refurbishments, replacement of major components
or equipment, etc.
© Deloitte & Touche LLP and affiliated entities.
Correctional Service of Canada Review Panel
1
2.
Scope and Comparability of the Analysis
CSC has provided the all-in cash outflows for the status quo and the complex scenarios. This section
presents that data for comparative purposes and comments on the reasonableness of the scope of the
analysis and the comparability of the data.
2.1
Definition of Status Quo and Complex Scenarios
As mentioned, the purpose of this analysis is to compare a status quo costing scenario to a new
complex scenario.
It is contemplated that the complex would be populated from the consolidation of 6 existing
institutions: Pittsburgh, Joyceville, Warkworth, the Regional Treatment Centre, Kingston Penitentiary
and Millhaven. These will be referred to as the status quo facilities.
The status quo put forth by CSC assumed, as captured in the CSC’s long term capital management
plan, that approximately $640 million in capital investment is required to continue operating the
existing facilities. Much of this capital investment would be spent in the near term on the Joyceville,
Warkworth, Kingston Penitentiary and Regional Headquarters and Training facilities. This data can be
seen in Figure 2.2.
The complex scenario contemplates continued operation of the existing facilities until such time that
certain elements of the complex are commissioned (operational).
The following section provides a more thorough review of the comparison of these scenarios and the
associated assumptions.
2.2
Key assumptions related to the scope of the review
Several key assumptions related to the scope of the analysis conducted by CSC are material to this
review and the comparison of status quo to the complex:
•
Land has been assumed to be owned and available to CSC and is therefore not considered as a
separate cost item. The value of land whether owned, acquired or disposed should be considered
in any further analysis as some of the facility sites could have a significant value;
•
The quantification of risks has not been included in the status quo or the complex, even though
there are different inherent risk levels between the two scenarios. Risk quantification should be
considered in any further analysis;
•
Decommissioning of facilities and transitioning costs associated with moving populations from the
status quo facilities are outside the scope of this analysis. This was considered to not be in scope
as the assets revert to Public Works and are therefore not under the purview of CSC. A more
holistic view of cost and benefit may be appropriate in any further analysis;
•
The information provided by CSC extends until FY19-20, which is presumed to be the year under
which steady state is achieved. It should be noted that common practice is to project cash flow
profiles for the full lifecycle of the asset. The life of special purpose buildings are generally beyond
20 years which suggests any further analysis should be longer in duration;
•
The status quo estimates do not consider the impact of inmate population growth over the period
of analysis. The cost implications of future expansions or reconfigurations to handle growth should
be considered in any further analysis;
•
The scope of the analysis will be limited to the boundaries of the facility itself. The effect of the
complex on costs outside of the complex (e.g., transportation of inmates or materials) was not in
scope. There is the possibility for efficiencies in this regard and should be investigated in any
further analysis; and
•
All-in costs are generally assumed, which accords with common practice. However, differences
relating to project management effort (including advisors) associated with implementing the
status quo (many smaller capital projects) or the complex (one larger capital project) have not
been included in the costs and should be considered in any further analysis.
© Deloitte & Touche LLP and affiliated entities.
Correctional Service of Canada Review Panel
2
2.3
Comparability of Status Quo Facilities to the Complex
In addition to the key assumptions, it should be noted that there are small differences between the
organization and support levels of the status quo facilities and the complex. No adjustments have
been made to the costs to account for these differences. At this stage of analysis it is assumed that
the net effect of these differences is not material, although this assumption should be confirmed in
any further analysis. These differences are1:
•
The overall capacity identified in the "replacement" institutions is 2186 cells vs. a population of
2175 in the complex (not including segregation capacity).
•
The distribution of inmate population security levels differs between the status quo facilities and
the complex. It is generally assumed that the deficiency in maximum inmates is roughly balanced
by the excess medium population. These differences are:
o
The status quo maximum/multi-level (Treatment/ Reception) is 978 (excluding SHU which
is in Quebec) vs. 1025 (excluding SHU) in the Complex;
o
The status quo medium population is 982 vs. 800 for the complex; and
o
The status quo minimum population is 226 vs. 250 for the complex.
•
For mental health, the Ontario Region has 149 cells at RTC (KP/RTC) and 14 cells at Millhaven for
a total of 163 cells as compared to the 225 in the complex model. While not providing the same
capability as the dedicated Treatment Centers, some institutions provide intermediate mental
health care in the Region (33 Warkworth, 18 KP and 33 Millhaven), partially offsetting the
disparity between the status quo and the complex in the area of mental health. It should also be
pointed out that, while the capacity in the status quo may be less than for the complex model,
these offenders are accounted for in the regular accommodation provided under the status quo.
Hence, the difference is only the variation between regular accommodation / intermediate
care and primary mental healthcare provisions, which is assumed to not be material. The complex
provides 7% mental health capacity the status quo is currently approximately 5% of the overall
capacity.
•
For reception, there are 205 cells dedicated at Millhaven. The majority of these cells are
typically double-bunked so that the number of beds used is generally between 300 and 350. The
complex model assumes a 300 cell capacity.
•
For the special handling unit (SHU), the status quo does not include a SHU in Ontario. However,
Millhaven did at one point provide this capacity (1980s). Hence, given the comparability of the two
options in terms of overall capacity, it is assumed that this capability is, at least from a facility
perspective, partially accounted for in the status quo. There is currently one national SHU, located
in Quebec, with a capacity of 110 cells. Assuming per capita use of the facility is comparable from
each part of the country, the Ontario share of this facility would presently be about 30 cells.
•
Although the status quo does not specifically identify a healthcare capacity, this capability is
provided at all existing major institutions and is, hence, taken into account in the comparative
data.
•
While the overall capabilities (offices, programs, accommodation etc...) of the RHQ and staff
training unit are generally the same between the status quo and the complex. However, the
complex is assumed to provide significantly less space (existing 11300 m2 vs. 9500 m2 planned).
This difference results from anticipated design efficiencies associated with construction of a more
purpose-built facility, with better gross-to-net efficiencies, than the current heritage structures.
2.4
Cash Flow Comparison of the Status Quo and Complex
Figure 2.1 presents the cash flow profiles of the status quo and complex options. From this it can be
seen that an incremental investment of approximately $118 million is required to achieve
approximately $12.6 million in annual savings (realizable in 2021 and beyond). This $12.6 million in
1
The information in Section 2.3 has been provided by CSC
© Deloitte & Touche LLP and affiliated entities.
Correctional Service of Canada Review Panel
3
ongoing savings is attributed to an assumed operating cost savings of $13 million per year and an
assumed increment ongoing lifecycle maintenance cost of $0.4 million per year.
The projected operating cost savings are less than what might be expected from the co-location of 6
facilities given that nearly 60% of the operating costs (see Section 4) are FTE-related. The low
difference in lifecycle expenses is due to the fact that under both the status quo and complex
scenarios, there is a high degree of asset refresh by way of refurbishment or redevelopment that
occurs. In fact the complex scenario necessarily requires a high degree of asset refresh by way of
refurbishment or redevelopment of the existing infrastructure during the planning and construction
phase of the new complex. Further investigation of the planning and construction phases of the
complex may aid in minimizing the degree of refurbishment or redevelopment of the existing
infrastructure.
Based on the above, and the several key assumptions that would benefit from further analysis (as
identified in Section 2.2 and later in the report) a recommendation by the Panel that CSC investigate
the complex costs and benefits in more detail would be reasonable.
Figure 2.1 Cash Flow Profiles of the Status Quo and the Complex
Total Cash Outflows
Millions
$500
Refurbishment/Replacement
of status quo institutions
$450
Construction
of RHQ
$400
$350
$300
$250
$200
$150
2009
2012
2015
2018
Status Quo
2021
2024
2027
2030
Complex
Inherent in the complex cash flow profile above is the assumption that the status quo institutions will
be used until the new complex is ready, assumed to occur in FY18-19. The raw data that supports
Figure 2.1 is found in Figure 2.2.
Figure 2.3 provides the same data in a manner that allows the status quo to be compared to the
complex on a facility-by-facility basis up to the completion date of the complex. Note that the
assumed sale of the Pittsburgh facility, assumed by CSC to occur in FY19-20, has been placed in FY1819 for the purposes of Figure 2.3 to ensure that it is captured within this timeframe.
© Deloitte & Touche LLP and affiliated entities.
Correctional Service of Canada Review Panel
4
21.5
7.9
202.0
231.4
© Deloitte & Touche LLP and affiliated entities.
Total ( A )
216.4
6.5
7.9
202.0
-
Capital Costs
Lifecycle Costs
O&M
Property Sale
Total Status
Quo
2.0
0.3
-
291.9
77.0
7.9
207.0
-
10.0
0.3
-
407.0
199.0
8.0
207.0
(7.0)
9.0
0.4
(7.0)
405.0
190.0
8.0
207.0
-
0.4
-
65.0
2.4
63.0
407.4
138.0
9.4
260.0
-
0.4
-
55.0
2.4
121.0
246.7
18.0
14.7
214.0
-
0.4
-
14.0
4.9
78.0
2.6
39.0
228.7
14.7
214.0
-
0.4
-
4.9
78.0
2.6
39.0
228.7
14.7
214.0
-
0.4
-
4.9
78.0
2.6
39.0
228.7
14.7
214.0
-
0.4
-
4.9
78.0
2.6
39.0
2.8
38.0
228.7
14.7
214.0
-
0.4
-
4.9
78.0
2.6
39.0
2.8
38.0
228.7
14.7
214.0
-
0.4
-
4.9
78.0
2.6
39.0
2.8
38.0
22.0
4.9
(7.0)
245.0
48.7
982.0
100.0
26.0
543.0
5
3,578.0
650.0
152.0
2,783.0
(7.0)
Correctional Service of Canada Review Panel
228.7
14.7
214.0
-
0.4
-
4.9
78.0
2.6
39.0
2.8
38.0
100.0
29.4
519.0
1.0
0.3
-
75.0
2.4
63.0
22.0
1.3
45.0
2.8
38.0
1.0
21.0
Capital Costs
Lifecycle Costs
O&M
Property Sale
27.0
2.4
63.0
30.0
1.3
45.0
2.8
38.0
1.0
21.0
RHQ &
Training
7.0
2.4
63.0
30.0
1.3
45.0
2.8
38.0
1.0
21.0
2.0
2.4
63.0
15.0
1.3
45.0
11.0
2.8
38.0
1.0
21.0
Capital Costs
Kingston Pen.
Lifecycle Costs
& RTC
O&M
2.0
1.3
45.0
35.0
1.4
43.0
1.0
21.0
1.0
1.3
45.0
35.0
1.4
43.0
1.0
21.0
Capital Costs
Lifecycle Costs
O&M
15.0
1.4
43.0
1.0
21.0
Millhaven
3.0
1.4
43.0
1.0
21.0
1.0
1.4
43.0
1.0
21.0
Capital Costs
Lifecycle Costs
O&M
1.0
21.0
Warkworth
1.0
21.0
3.0
13.0
263.0
2.5
1.0
16.0
0.5
1.0
16.0
Capital Costs
Lifecycle Costs
O&M
Pittsburgh
Joyceville
Total
180.0
30.0
476.0
Figure 2.2 Cash Flow Profiles Provided by CSC (Status Quo)
FY 08-09 FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 FY 15-16 FY 16-17 FY 17-18 FY 18-19 FY 19-20 FY 20-21
Capital Costs
1.0
5.0
10.0
50.0
60.0
50.0
4.0
Lifecycle Costs
1.5
1.5
1.5
1.5
1.5
1.5
3.0
3.0
3.0
3.0
3.0
3.0
3.0
O&M
35.0
35.0
35.0
35.0
35.0
35.0
38.0
38.0
38.0
38.0
38.0
38.0
38.0
5.5
43.0
6.5
5.2
45.0
1.5
9.6
63.0
1.4
13.0
29.7
202.0
-
Lifecycle Costs
O&M
Capital Costs
Lifecycle Costs
O&M
Millhaven
Capital Costs
Kingston Pen.
Lifecycle Costs
& RTC
O&M
Lifecycle Costs
O&M
Property Sale
Warkworth
Capital Costs
Total Cost of Lifecycle Costs
Complex
O&M
Property Sale
12.0
29.7
202.0
-
1.4
-
0.5
9.6
63.0
6.5
5.2
45.0
5.5
43.0
2.0
16.0
-
6.0
35.0
-
243.7
© Deloitte & Touche LLP and affiliated entities.
Total ( B )
244.7
2.0
16.0
-
Lifecycle Costs
O&M
Property Sale
Pittsburgh
RHQ &
Training
6.0
35.0
Lifecycle Costs
O&M
-
Joyceville
Capital Costs
Complex RHQ
Lifecycle Costs
/ Staff Training
O&M
Complex
Figure 2.2 Cash Flow Profiles Provided by CSC (Complex)
256.7
25.0
29.7
202.0
-
1.4
-
9.6
63.0
5.2
45.0
5.5
43.0
2.0
16.0
-
6.0
35.0
-
256.7
25.0
29.7
202.0
-
1.4
-
9.6
63.0
5.2
45.0
5.5
43.0
2.0
16.0
-
6.0
35.0
-
260.7
29.0
29.7
202.0
-
1.4
-
9.6
63.0
5.2
45.0
5.5
43.0
2.0
16.0
-
6.0
35.0
4.0
-
351.7
120.0
29.7
202.0
-
1.4
-
9.6
63.0
5.2
45.0
5.5
43.0
2.0
16.0
-
6.0
35.0
20.0
-
342.7
111.0
29.7
202.0
-
1.4
-
9.6
63.0
5.2
45.0
5.5
43.0
2.0
16.0
-
6.0
35.0
11.0
-
316.0
100.0
29.0
202.0
(15.0)
(15.0)
9.6
63.0
5.2
45.0
5.5
43.0
2.0
16.0
-
6.0
35.0
0.7
-
351.0
100.0
29.0
222.0
-
-
9.6
63.0
5.2
45.0
5.5
43.0
2.0
16.0
-
6.0
35.0
0.7
-
461.0
80.0
29.0
352.0
-
-
9.6
63.0
5.2
45.0
5.5
43.0
2.0
16.0
-
6.0
35.0
0.7
-
267.1
53.0
15.1
201.0
(2.0)
-
-
-
-
(2.0)
-
0.7
-
216.1
15.1
201.0
-
-
-
-
-
-
-
0.7
-
6
3,979.1
768.0
354.1
2,874.0
(17.0)
9.8
(15.0)
2.0
105.6
693.0
13.0
57.2
495.0
60.5
473.0
22.0
176.0
(2.0)
66.0
385.0
35.0
4.2
-
Total
718.0
28.8
652.0
Correctional Service of Canada Review Panel
411.0
100.0
29.0
282.0
-
-
9.6
63.0
5.2
45.0
5.5
43.0
2.0
16.0
-
6.0
35.0
0.7
-
FY 08-09 FY 09-10 FY 10-11 FY 11-12 FY 12-13 FY 13-14 FY 14-15 FY 15-16 FY 16-17 FY 17-18 FY 18-19 FY 19-20 FY 20-21
Capital Costs
5.0
5.0
25.0
25.0
25.0
100.0
100.0
100.0
100.0
100.0
80.0
53.0
Lifecycle Costs
14.4
14.4
O&M
20.0
80.0
150.0
201.0
201.0
Joyceville
Joyceville
Joyceville
Joyceville
Pittsburgh
Pittsburgh
Pittsburgh
Pittsburgh
Pittsburgh
Pittsburgh
Pittsburgh
Warkworth
Warkworth
Warkworth
Warkworth
Warkworth
Warkworth
Millhaven
Millhaven
Millhaven
Millhaven
Status Quo
Complex
Status Quo
Complex
Status Quo
Complex
Complex
Status Quo
Complex
Status Quo
Complex
Status Quo
Complex
Status Quo
Complex
Status Quo
Complex
Status Quo
Complex
Status Quo
Complex
Lifecycle Costs
Lifecycle Costs
Capital
Capital
O&M
O&M
Lifecycle Costs
Lifecycle Costs
Capital
Capital
O&M
O&M
Lifecycle Costs
Lifecycle Costs
Capital
Capital
Property Sale
O&M
O&M
Lifecycle Costs
Lifecycle Costs
Capital
Capital
© Deloitte & Touche LLP and affiliated entities.
Joyceville
Joyceville
Status Quo
Complex
1.3
5.2
1.0
6.5
43.0
43.0
1.4
5.5
1.0
-
16.0
16.0
1.0
2.0
0.5
-
35.0
35.0
1.5
6.0
FY
08-09
1.0
-
1.3
5.2
2.0
6.5
43.0
43.0
1.4
5.5
3.0
-
16.0
16.0
1.0
2.0
2.5
-
35.0
35.0
1.5
6.0
FY
09-10
5.0
-
1.3
5.2
15.0
-
43.0
43.0
1.4
5.5
15.0
-
21.0
16.0
1.0
2.0
-
35.0
35.0
1.5
6.0
FY
10-11
10.0
-
1.3
5.2
30.0
-
43.0
43.0
1.4
5.5
35.0
-
21.0
16.0
1.0
2.0
-
35.0
35.0
1.5
6.0
FY
11-12
50.0
-
1.3
5.2
30.0
-
43.0
43.0
1.4
5.5
35.0
-
21.0
16.0
1.0
2.0
-
35.0
35.0
1.5
6.0
FY
12-13
60.0
-
1.3
5.2
22.0
-
38.0
43.0
2.8
5.5
11.0
-
21.0
16.0
1.0
2.0
-
35.0
35.0
1.5
6.0
FY
13-14
50.0
-
2.6
5.2
-
38.0
43.0
2.8
5.5
-
21.0
16.0
1.0
2.0
-
38.0
35.0
3.0
6.0
FY
14-15
4.0
-
Figure 2.3 Cash Flow Profiles on a Site-by-Site Basis until FY18-19
2.6
5.2
-
38.0
43.0
2.8
5.5
-
21.0
16.0
1.0
2.0
-
38.0
35.0
3.0
6.0
FY
16-17
-
2.6
5.2
-
38.0
43.0
2.8
5.5
-
21.0
16.0
1.0
2.0
-
38.0
35.0
3.0
6.0
FY
17-18
-
2.6
5.2
-
38.0
43.0
2.8
5.5
-
21.0
16.0
1.0
2.0
(2.0)
38.0
35.0
3.0
6.0
FY
18-19
-
7
20.8
57.2
100.0
13.0
443.0
473.0
23.8
60.5
100.0
-
221.0
176.0
11.0
22.0
3.0
(2.0)
400.0
385.0
24.0
66.0
Total
180.0
-
Correctional Service of Canada Review Panel
2.6
5.2
-
38.0
43.0
2.8
5.5
-
21.0
16.0
1.0
2.0
-
38.0
35.0
3.0
6.0
FY
15-16
-
Kingston Pen. & RTC
Kingston Pen. & RTC
Kingston Pen. & RTC
Kingston Pen. & RTC
RHQ
RHQ
RHQ
RHQ
RHQ & Training
RHQ & Training
RHQ & Training
RHQ & Training
Status Quo
Complex
Status Quo
Complex
Status Quo
Status Quo
Complex
Complex
Status Quo
Complex
Status Quo
Complex
O&M
O&M
Lifecycle Costs
Lifecycle Costs
Capital
Property Sale
Capital
Property Sale
O&M
O&M
Lifecycle Costs
Lifecycle Costs
Capital
Capital
O&M
O&M
© Deloitte & Touche LLP and affiliated entities.
Training
Training
Training
Training
Kingston Pen. & RTC
Kingston Pen. & RTC
Status Quo
Complex
&
&
&
&
Millhaven
Millhaven
Status Quo
Complex
-
0.3
1.4
1.0
-
63.0
63.0
2.4
9.6
2.0
1.5
FY
08-09
45.0
45.0
-
0.3
1.4
2.0
-
63.0
63.0
2.4
9.6
7.0
0.5
FY
09-10
45.0
45.0
-
0.3
1.4
-
10.0
63.0
63.0
2.4
9.6
27.0
-
FY
10-11
45.0
45.0
-
0.4
1.4
9.0
(7.0)
-
63.0
63.0
2.4
9.6
75.0
-
FY
11-12
45.0
45.0
-
0.4
1.4
4.0
-
63.0
63.0
2.4
9.6
65.0
-
FY
12-13
45.0
45.0
-
0.4
1.4
20.0
-
121.0
63.0
2.4
9.6
55.0
-
FY
13-14
45.0
45.0
-
0.4
1.4
11.0
-
78.0
63.0
4.9
9.6
14.0
-
FY
14-15
39.0
45.0
-
0.4
0.7
-
78.0
63.0
4.9
9.6
-
FY
16-17
39.0
45.0
-
0.4
0.7
-
78.0
63.0
4.9
9.6
-
FY
17-18
39.0
45.0
-
0.4
0.7
-
78.0
63.0
4.9
9.6
-
FY
18-19
39.0
45.0
-
8
4.1
12.6
22.0
(7.0)
35.0
(15.0)
826.0
693.0
38.9
105.6
245.0
2.0
Total
465.0
495.0
Correctional Service of Canada Review Panel
-
0.4
0.7
(15.0)
78.0
63.0
4.9
9.6
-
FY
15-16
39.0
45.0
Figure 2.3 Cash Flow Profiles on a Site-by-Site Basis until FY18-19 (continued)
2.5
Consideration of Delivery Models
Inherent in the cash flow profiles is the assumption that the complex would be undertaken under a
traditional design-bid-build delivery model. Given the government’s increasing interest in pursuing
alternative delivery models including public-private partnerships (P3), and the stature that this project
would have within the government’s planning priorities, it may be considered a viable candidate for an
alternative model with greater private sector involvement.
The principal motivation for pursuing a greater role for the private sector would be to achieve greater
value for money and, more specifically, greater economic and social benefits at a lower overall risk
and cost. Value for money is achieved principally by allocating and managing design and construction
risk more effectively. The allocation of these risks to the party best able to bear the risk results in
resource allocation, production or economic and social efficiencies. Each party is motivated to
minimize costs and maximize benefits, so the total cost of the risk is reduced.
The risk associated with the cost estimates is likely material to CSC’s analysis. Some considerations
for risk that may be made in future analyses are:
•
To what extent is a different financing model appropriate for either the complex or status quo
scenarios?
•
What is the potential value of risk transfer in the status quo versus the complex scenarios? For
example, it may be anticipated that there is less risk transfer available under the status quo
scenarios because the capital programs, by and large, contemplate refurbishments as opposed to
new-builds. Typically, within refurbishments, it is more difficult to transfer latent defect risk (the
risk of discovering unknown issues during the refurbishment), thus lowering the amount of risk
transfer. Similarly, in the status quo scenario, lifecycle risks are not transferred away from
government. Therefore, it might be expected that lifecycle costs if adjusted for risk may be higher
than what is currently assumed.
•
To what extent can government transfer the performance risks of the facilities to the private
sector thereby allowing CSC to focus on facility programming and monitoring performance.
A brief compare and contrast of the traditional and a P3 model referred to as design-build-financemaintain is provided below.
Traditional Procurement
The traditional approach to capital project procurement is the design-bid-build approach. The
government owner contracts with a design engineer to develop the project design documents
(drawings, quantity estimates, and specifications) following the completion of the design. The
construction contractor is selected through a competitive tender, with the contract assigned to the
lowest bidder.
Because the contractor is bidding to construct a project that has been designed by others, it is not
reasonable for it to bid a fixed price except for the simplest of projects. Any work required that was
not foreseen and specified by the design documents is considered an “extra”, and is negotiated during
construction between the engineer, contractor, and government owner through a change order
process. Traditional construction contracts therefore often anticipate some “time and materials”
charges, and extras are generally incurred (for which a contingency allowance is usually planned). The
cost of the project is not always certain at the outset, and the government owner retains much of the
construction cost risk if the project does not progress as planned.
Innovation is possible in a traditional procurement. Many government owners push their design
engineers to be creative and innovative, and many design engineers strive to bring innovative
solutions to their clients. However, there is a structural limitation to the innovation that can be
brought to a project in traditional procurement: there is only one designer and one operator (the
government owner) dedicating their resources and talent to the problem at hand.
© Deloitte & Touche LLP and affiliated entities.
Correctional Service of Canada Review Panel
9
Design-Build-Finance-Maintain (DBFM)
In this scenario, the repayment of capital cost, financing costs, and maintenance costs are rolled into
a series of performance payments made over a long period of time. This payment is then linked to a
“payment mechanism” that provides the structure through with the private sector is incentivized to
adhere to the agreed to performance standards. Combining construction, maintenance and financing
skill sets at the beginning of the project creates more effective approaches to delivering the asset and
related services. Key benefits of the DBFM model is the transfer of cost and time overrun risk,
performance and life cycle cost risks to the service provider.
© Deloitte & Touche LLP and affiliated entities.
Correctional Service of Canada Review Panel
10
3.
Capital cost assumptions
3.1
Sources
The review of the capital cost assumptions was supported by the information provided by CSC (names
are those provided on the documentation received):
•
Complexes. Capital Cost Estimates (class D, order-of-magnitude). 07/09/11;
•
Project Time Frames. Complex ($500 M Construction Value). September 11, 2007;
•
Sept 2007 Cost per Offender Calculations – 2005-06 – Rated Capacity vs. Utilization; and
•
Capital Costs, Background Information. Order of magnitude costs.
3.2
Key assumptions
The complex is assumed to have the following functional areas.
•
Reception;
•
Health care;
•
Mental health;
•
Special handling;
•
Regional administration (reception, training, regional headquarters, etc);
•
Maximum population;
•
Medium population;
•
Minimum population;
•
Segregation unit; and
•
A shared area.
The proposed complex is notionally assumed to be on the lands within the Millhaven facility.
Therefore, no special accommodations need be made for localized inflation (e.g., special
accommodations for inflation may need to be made if the complex were constructed in Vancouver,
Edmonton or Calgary) or for the purchase of land. Thus, if the location of the complex was changed, a
different set of assumptions would be necessary in order to account for these factors.
Assuming traditional procurement, the financing charges associated with the construction of the
facility are not part of the costing, i.e. no capitalized interest.
No accommodation for how inflation may impact the cost over the construction timeframe has been
made. This is an adjustment that should be made in further analyses given the material impact
current rates of construction inflation are having on large capital projects in Canada, particularly if
there are significant implementation timeline differences between the status quo and complex.
In addition, all referenced capital costs are reported in 2007 dollars. Order of magnitude estimates are
(+/-) 25% and project costs are excluding land acquisition costs.
The facilities slotted for replacement are those deemed most in need of redevelopment/refurbishment,
with exception of Pittsburgh, which is due to be incorporated because of its association with Joyceville.
Thus, significant capital costs will be incurred on these facilities regardless of the construction of the
complex. Furthermore, CSC has not incorporated any construction projects currently underway at any
of the amalgamating facilities. They are deemed to be sunk costs. Therefore, budgeted capital costs
may be slightly skewed.
© Deloitte & Touche LLP and affiliated entities.
Correctional Service of Canada Review Panel
11
The lifespan of the complex has been estimated to be 32 years which is deemed, by CSC, to be
reflective of a typical lifespan of other correctional facilities. Additionally, when completing their
calculations, CSC did not incorporate the relatively young life of the Pittsburgh facility in order to
maintain simplicity. Thus all incorporating facilities are deemed to have a similar lifespan.
Property re-sale values have been considered in the capital costs when deemed applicable by CSC less
costs of demolition. CSC has estimated that property resale values will result from
Joyceville/Pittsburgh, $2 million from the sale of farmland and Regional Headquarters of $17 million
based on 2001 market assessments plus 25% (the estimate does not consider the related costs prior
to the sale, i.e. environmental costs). CSC has estimated that the sale of Warkworth will equal the
cost of demolition, Kinston Penitentiary will remain heritage property and Millhaven will remain CSC
property because of its proximity to Bath institution. These estimates are all contingent of current
market conditions at the time of sale.
The option to include the regional headquarters as a part of the complex is in line with CSC’s long
term capital plan2 which is to replace and rebuild the current regional headquarters. The costs are
consistent with the latest estimates for the related projects.
Social trends, such as the requirement to separate rival gangs, have been considered in the proposed
cost estimates.
The starting point for the capital cost assumptions are the “all-in” cost per cell standard costs for
minimum, medium and maximum security levels. These costs are $500,000 per maximum cell,
$400,000 per medium cell and $200,000 per minimum cell. These standard costs include:
1. All expected costs for the facility including health care, kitchen, etc.
2. Approximately 35% of additional costs are added to the cost per cell/bed for planning and design
fees, project management costs, furniture and equipment, telecommunications and electronics
and construction site security; and
3. An estimated premium (stated as 5% to 25%) for construction within a correctional facility
although the amount of this premium is not explicitly stated.
Efforts have been made by CSC staff to identify opportunities for co-location, such as placing reception
with health care, and opportunities for improved service standards, such as providing shorter distance
between inmate populations and the reception area. However, the structure and design of other
complex models that exist in the other jurisdictions were not leveraged. Therefore, it cannot be
ascertained whether the proposed complex model represents the most innovative and cost effective
design layout. As the capital costs are a major cost item, this would seem to be a good area to find
potential savings.
Given the key assumptions and the above standard costs, CSC uses its judgement and experience to
estimate the required footprint for each area. This is then multiplied by an estimated cost per gross
square meter (translated into gross square feet in this report) figure to arrive at the cost per
functional area.
3.3
Cost breakdown by functional area
As noted above, construction costs for a new facility are typically reflected in unit costs and include all
components of the facility including administrative, security, program, socialization, healthcare,
inmate and technical services, inmate housing, segregation, employment, industries, education and
vocational facilities, and all related systems and infrastructure including perimeter systems, site
services, mechanical, electrical, security telecommunications, and all land development costs including
site preparation, access, central service installations, landscaping, roads and pedestrian circulation.
Figure 3.1 illustrates the components of the capital cost estimates prepared by CSC for the complex.
From this, it can be seen that the key costs are those associated with the maximum and medium
2
This fact has been provided by CSC but was not corroborated by reviewing the Long Term Capital Plan
© Deloitte & Touche LLP and affiliated entities.
Correctional Service of Canada Review Panel
12
populations as well as the reception areas of the facility. This is to be expected as these are
anticipated to be the largest areas within the facility.
Figure 3.1 Complex capital cost estimate
Millions
$750
$700
$650
$600
$550
$500
$450
$400
$350
$300
$250
$200
$150
$100
$50
$0
$465/
GSF
$633/
GSF
$357/
GSF
$475/
GSF
$350/
GSF
$655/
GSF
$536/
GSF
+
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GSF – Gross Square Foot
Further, the relative ‘cost per gross square foot’ assumptions were reviewed. As might be expected,
the highest costs per gross square foot are Health Care, Special Handling, Segregation and Maximum.
Also as might be expected, the Minimum Population area and the Total Regional Administration and
Training have the lowest gross square foot costs.
Furthermore, Figure 3.2 illustrates the total square footage consumed by each functional area in the
new complex as compared to the total complex. It may be noted that the maximum and medium
populations, reception and shared cores represent the largest areas in square feet of the complex.
© Deloitte & Touche LLP and affiliated entities.
Correctional Service of Canada Review Panel
13
Figure 3.2 Square footage per functional area
Square feet
in thousands
1600
1500
1400
1300
1200
1100
1000
900
800
700
600
500
400
300
200
100
0
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Implementation timeline
CSC has established preliminary estimates relating to the procurement and implementation of the new
complex. To the extent that the status quo assets will not meet the needs of CSC due to overcrowding
or need for replacement, an interim solution may be required (and hence, accounted for) in the
costing of the status quo comparison.
Figure 3.5 Estimate for implementation timeline
2.5
Years
5
Years
7.5
Years
10
Years
12.5
Years
15
Years
1. Planning and approvals
2. PPA Approval
3. Design Contract
4. Design
5. EPA Approval
6. Contract Documents
7. Tender
8. Construction
9. Commissioning
10. Occupancy
© Deloitte & Touche LLP and affiliated entities.
Correctional Service of Canada Review Panel
14
The key observations from the proposed timeline are:
•
The timeline has a presumed design-bid-build delivery model. To the extent that other delivery
models may be possible these timelines may be significantly reduced;
•
The time from the planning to the construction stage is budgeted to be 5.25 to 8.25 years. This
seems inordinately long, even for a construction contract of this magnitude. It is recommended
that CSC consult with other Departments that have undertaken similarly sized projects in order to
determine whether the approvals process can be reduced;
•
Procurement is estimated to be 1.75 to 2.75 years. Typically it is estimated that this time frame
should be approximately 1 year;
•
The estimate has 1.5 to 2 years to develop the contract documents. Other comparables suggest
that this could be as short as 0.75 to 1 year; and
•
The construction period is projected to be 4 to 5.5 years. Based on the data received and the
capital costing expenditures, this would translate into $188M to $136M spent on construction costs
per annum. It is recognized that this assumption is dependent upon the location of the proposed
complex. However, to the extent that the Millhaven site is preferred, the construction period would
likely be on the low side of this proposed range.
A shorter implementation period for the complex should translate into lower costs and potential
avoidance of any interim solutions to deal with overcrowding in the existing facilities. Given our
concerns with the implementation timeline generated by CSC, we recommend that a more detail
critical path based approach to generating the timeline be considered in any further analysis.
© Deloitte & Touche LLP and affiliated entities.
Correctional Service of Canada Review Panel
15
4.
Operating costs assumptions
4.1
Sources
The review of the operating costs assumptions was supported by the information provided by CSC
(names are those provided on the documentation received):
•
Costing Worksheet – Regional Services Complex. Internal Services, Custody, Correctional
Interventions and Services/Support from the Cost Template – Sept 19 – Planned Complex –
includes SHU;
•
Costing Summary – Regional Services Complex. Internal Services, Custody, Correctional
Interventions and Services/Support from the Cost Template – Sept 19 – Planned Complex –
includes SHU;
•
Methodology worksheet from the Cost Template – Sept 19 – Planned Complex – includes SHU;
and
•
Resourcing Standards – Average FTE and O&M cost per offender. NCAOP 2006 – 2007.
4.2
Key Assumptions
As discussed in Section 3, the functional areas were identified as those that currently exist in the
status quo facilities or would reasonably be needed at the new complex. Furthermore, CSC practice is
to allocate regional and national costs on a pro-rata basis to each institution. The following categories
of costs are assumed:
•
Internal services, estimated on an FTE and salary basis;
•
Case management, estimated on an FTE and salary basis;
•
Security, estimated on an FTE and salary basis;
•
Offender related costs, estimated on a FTE and salary basis as well as other operating costs and
inmate related costs;
•
Accommodation Services, estimated on an FTE and salary basis;
•
Correctional interventions, estimated on an FTE and salary basis;
•
Reception and health care, estimated on an FTE and salary basis;
•
RHQ and NHQ redistributions, estimated on an other operating costs basis;
•
Relevant adjustments to salary, estimated on an FTE and allowance basis;
•
Overtime, estimated as 6% of salaries;
•
Employee benefit costs, estimated as 18% of salaries; and
•
Common services or contingency, estimated as 5% of salaries and operating and maintenance
costs.
Costs are in 2006 / 07 figures and inflation is not considered. It is also assumed that people can be
found to work in the complex. Depending on the location of the facility, this has proved not to be the
case in some instances. This is a significant risk which should be considered further in the analysis.
Social trends, such as the requirement to separate rival gangs, have been considered in the proposed
cost estimates.
As mentioned earlier, no estimates have been made for the savings that might result from the more
efficient transportation of inmates or goods between differing institutions within the complex. Having
6 facilities co-located may reduce the need for capital investment and certain operating costs in
transportation equipment or human resources and also reduce the associated operating costs such as
© Deloitte & Touche LLP and affiliated entities.
Correctional Service of Canada Review Panel
16
drivers, fuel, maintenance, etc. In Millhaven alone, the annual admission and discharge activity is
1300 inmates.
4.3
Breakdown of Estimated Per Offender Cost
Salaries represent $59,112 or 62% of the total costs of $94,584 for each offender. Thus, the
estimates are particularly sensitive to the FTE standards that are assumed within each unit in addition
to the underlying salaries assumed for these FTEs. In addition, Institutional Security Salaries and
Operating and Maintenance Offender Related Costs represent 21.9% and 26.3% of the total operating
cost of $94,584 per offender.
Given the significance of the underlying assumptions to these operational expenditures, a more
detailed analysis should be conducted in any further analysis to support these assumptions. A review
of alternative institutional design models may be helpful confirming or identifying refinements to the
assumed cost per offender.
Figure 4.1 Operating Costs Per Offender
9.5%
$90,000
6.9% 1.6%
$80,000
2.7%
$70,000
26.3%
$60,000
2.3%
4.3%
3%
7.6%
2.8%
$50,000
$40,000
21.9%
$30,000
4.2%
$20,000
3.4% 3.6%
$10,000
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Notes to figure:
Overtime is represented as an estimate of a total of 6% of the total salaries (i.e. $95,533,577 x 6%).
Salary adjustments are a combination of additional allowances paid to FTE’s for additional services such as
bilingualism, penological factor allowance, shift premium and premium pay. The adjustments are calculated by
multiplying a defined rate/allowance by the number of FTE’s entitled to the allowance.
Total Employee Benefit Plan is represented as 18% of the estimated salaries, including overtime (i.e.
($95,533,577+$5,732,015) x 18%)).
Total Common Services, otherwise known as Contingency is estimated to be 5% of salaries, including overtime,
operations and maintenance costs (i.e. $95,533,577+ $5,732,015+$70,035,598) x 5%)).
4.4
Resource Indicators: Efficiencies
CSC employs operating standards to determine the number and level of employees required for its
status quo facilities. These standards form the basis of estimated the FTEs for the proposed complex.
This method biases the complex estimate to the business model of the status quo facilities. Thus, truly
innovative and transformative ways of operating the facility may not be captured. As with the capital
costs, it might prove useful for CSC to compare the proposed operating standards to those used in
other jurisdictions.
© Deloitte & Touche LLP and affiliated entities.
Correctional Service of Canada Review Panel
17
Notwithstanding this, CSC has used the existing operating standards as the basis for estimating the
required FTEs in the complex, and as such, has determined that some efficiencies exist. Figure 4.2
summarizes the standard number of FTEs under the proposed model. From this, it can be seen that
the majority of the FTE’s are within the security unit.
Figure 4.2 Proposed FTE’s
Functional Group
Internal Services
Institutional Case
Management
Security
Proposed FTE
Requirements
117.61
Notes with respect to Efficiencies
•
Resource indicators have largely moved from
one FTE per facility to one FTE per complex,
thus creating efficiencies.
•
The resource indicators have been adjusted
for the Case Management Coordinator from
one per institution to one for every 400
inmates, thus creating incremental costs.
•
Significant consideration was made to tailor
the security requirements to the size of the
complex and the complexity of securing a
mixed population.
•
Security levels are assumed to be higher than
for status quo facilities.
•
A net efficiency in health personnel has been
assumed.
•
The original resource indicators required an
FTE per institution. This has been consolidated
to an FTE per complex.
•
FTEs assumptions
indicators.
100.6
647.91
Institutional Health
Services
64.21
Institutional &
Accommodation
Services
128.31
Correctional
Interventions
81.253
Regional Populations
228.95
are
close
to
resource
Although the review of the information has identified varying levels of efficiencies, it is important to
note that the potential for cost savings is dependent on whether the FTEs are at the appropriate salary
grades. Further analysis should review whether the salary grades for the FTEs are appropriate.
4.5
Comparable Institutions for Operating and Maintenance Costs
Similar to the use of operating standards (or resource indicators) for the estimate of FTEs, CSC
estimates the O&M costs for the complex by using the O&M costs of comparable facilities. However,
the estimate is developed from the average of all facilities at each security level, rather than the
facilities that would be consolidated into the complex. Figures 4.3, 4.4 and 4.5 represent the average
operating and maintenance costs per offender for each security level. Identifiers, labelled as “status
quo institutions” in these figures, show the actual O&M costs of the status quo facilities. One might
expect that the O&M estimates for the complex should approximate that for the status quo
institutions.
3
This figure was calculated from the Resource Indicator information provided by CSC. The mathematical model
has 3 fewer FTEs for this category. The reason for this discrepancy is unknown at this time.
© Deloitte & Touche LLP and affiliated entities.
Correctional Service of Canada Review Panel
18
As illustrated in Figures 4.3, 4.4 and 4.5, there is a large degree of variability between the different
facilities. Deloitte understands that the variability is partially attributable to location, for example
higher heating costs for northern locations.
However, it is noted that the average of all the institutions approximates the actual O&M costs
associated with the six status quo facilities. Therefore, the effect of having different sets of
comparable institutions is not considered to be material at this stage of the analysis.
Figure 4.3 Average O&M per offender – minimum
$40,000
$35,000
$30,000
Status quo
institution
$25,000
$20,000
Average Cost Per Offender
$15,000
$10,000
$5,000
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© Deloitte & Touche LLP and affiliated entities.
Correctional Service of Canada Review Panel
19
Figure 4.4 Average O&M per offender – medium security
$20,000
$18,000
Status quo institutions
$16,000
Average Cost Per
Offender
$14,000
$12,000
$10,000
$8,000
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Figure 4.5 Average O&M per offender – maximum security
$60,000
$55,000
$50,000
$45,000
$40,000
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$35,000
$30,000
$25,000
Average Cost Per Offender
$20,000
$15,000
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© Deloitte & Touche LLP and affiliated entities.
Average O&M Per Offender
Correctional Service of Canada Review Panel
20
5.
Lifecycle maintenance cost assumptions
5.1
Sources
The review of the lifecycle maintenance costs assumptions was supported by the information provided
by CSC (names are those provided on the documentation received):
Panel Review. Lifecycle Costs. Summary. This document included the capital, operating and
maintenance and lifecycle costs associated with the status quo versus the new model.
•
5.2
Key Assumptions
CSC’s typical levels of lifecycle costs are from 1% to 1.2% of the replacement of the facility, which is
recognized to be an insufficient amount to maintain the facility. The key assumptions associated with
the lifecycle costs are as follows:
•
CSC has assumed 2% per year applied for new facilities, new construction or major
redevelopments;
•
CSC has assumed 1% per year is applied in a year that a major development has been initiated;
•
CSC has assumed 4% per year is applied for existing institutions where the facility has gone
beyond it estimated useful life and the facility is slated for closure;
•
All options compared by CSC are assumed to have comparable life expectancies;
•
Lifecycle is assumed to be the period of 2008 to 2040; and
•
All projects are assumed to start at the same time.
Although no support from CSC was provided for these assumptions, the actual lifecycle costs were
used to inform the estimate. Any further analysis should consider the quantum of lifecycle costs based
on a best practice approach to asset maintenance and replacement as well as frequency of major
expenditures, e.g. roof maintenance. This information can be gleaned from the experience in other
jurisdictions or by engaging an independent cost consultant.
Lifecycle expenditures are highly dependent upon the type of asset and the delivery model that is
employed to implement the assets. For example, P3s typically have lower aggregate lifecycle
expenditures resulting from the private sector’s financial interest in maintaining the asset. Thus, it
would be best to compare CSC’s estimates to similar projects procured in similar ways.4
For facilities that are well maintained, Figure 5.1 illustrates how the lifecycle costs would be
distributed over the life of the facility (assuming an asset life of 30 years). This shows that a minimal
amount of expense is likely be spent in the early years of the life of the facility. The annual expense
slowly climbs until peaking in years 21-25.
Figure 5.1 Schedule of lifecycle costs for Hospital Assets under a P3
0-5 years
6-10 years
11-15
years
16-20
years
21-25
years
26-30
years
31 years
Total
Hospital 1
1%
6%
11%
16%
41%
26%
N/A
100%
Hospital 2
1%
4%
19%
33%
25%
17%
1%
100%
Thus, it may be inferred that for CSC’s new build estimates, improvements to the estimated timing of
the lifecycle maintenance may be possible.
4
This would be a natural comparison to data available from the Federal Bureau of Prisons
© Deloitte & Touche LLP and affiliated entities.
Correctional Service of Canada Review Panel
21
6.
Conclusion
Overall it can be concluded that although a significant level of rigour has been applied to the
development of several aspects of the cost estimates and this has been conducted in a manner
consistent with CSC’s methodologies and practices, it may be possible that the analysis is overly
weighted towards “business as usual”. That is that the capital, operating and lifecycle estimates have
been developed in a manner consistent with CSC methodologies, but may not represent the most
advanced thinking available, such as that available from other departments (for procurement
timelines), jurisdictions or 3rd party advisors. The assumptions that underlie the analysis may be
considered reasonable only to the extent that CSC baseline data and standards (such as resource
indicators) are reasonable. In many respects, the complex may be considered a transformational
business model, potentially requiring new operating approaches and standards.
Furthermore, greater care should be taken to develop a “real world” model in which the following
elements are captured, and supported by best-in-class information from wherever it may be available:
•
Inmate population growth and its effect on capacity at the status quo facilities;
•
Direct linkages in population distribution and service levels between the status quo facilities
and the complex;
•
Detailed “critical path” approach to developing project implementation timelines;
•
Incorporation of inflation to the status quo and complex scenarios;
•
Projections for the full lifecycle of the asset;
•
Risk quantification particularly regarding rehabilitation costs under status quo; and
•
Potential efficiencies that exist from no longer needing to transport inmates or goods between
institutions.
To that end, the key sensitivities in the estimates that should be considered for further exploration
include:
•
The size of footprint of the units in the complex. The assumed complex is nearly 1.6 million
square feet. This large footprint drives the capital cost and lifecycle maintenance costs. To the
extent that a smaller complex is possible, scenarios with a smaller footprint should be run.
•
The FTE standards that are used to compile the operating cost assumptions. Current
operating resource indicators have been used as the baseline for the complex. The
appropriateness of these estimates is assumed given the similarities between the status quo and
the complex assets. The number of FTE’s required by the complex and the related salaries should
be reviewed. Other jurisdictions that have undertaken these projects may be able to provide new
perspectives on how efficiency and effectiveness may be improved.
Furthermore, it is believed that there may be opportunities to augment the analysis by including:
•
Current estimates to real-world references such as those in the US. Despite the difference
in operating models between the US and Canadian facilities, some comparative information may
be gleaned from review the costs of other institutions. Co-location opportunities and security
requirements are presumed to be two areas where comparative data may be useful.
•
Considerations for the risks associated with each scenario. The risks inherent in
undertaking the status quo and complex scenarios are not equivalent. A qualitative (or if
warranted, quantitative) assessment of the risks between the two models can support the
quantitative analysis.
•
Considerations for other delivery model options. P3s provides a means through which risk
(design, construction, maintenance and perhaps operating risk) can be transferred to the private
sector. By amortizing the upfront capital payments to a long-term stream of payments linked to
© Deloitte & Touche LLP and affiliated entities.
Correctional Service of Canada Review Panel
22
performance outcomes, governments have found public private partnerships an effective way to
accelerate infrastructure implementation and improve asset performance.
•
A third party review. Involve construction and service providers with recent experience with
similar projects in a detailed review of cost estimates and operational efficiency assumptions. This
will help correct bias, if any, in CSC estimates.
© Deloitte & Touche LLP and affiliated entities.
Correctional Service of Canada Review Panel
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Report of the Correctional Service of Canada Review Panel
Appendix G:
The CSC Review Panel
Composition of the Panel
On April 20, 2007, the Honourable Stockwell Day, Minister of Public Safety, announced
the appointment of an independent panel to review the operations of Correctional Service
Canada (CSC), as part of the government’s commitment to protecting Canadian families
and communities. The CSC Review Panel was given an October 31, 2007 deadline for its
report to be provided the Minister.
Members of the CSC Review Panel
Robert Sampson, Chair
From June 1995 to October 2003, Robert Sampson, as an elected member of the
Legislative Assembly of Ontario and a member of the Government of Ontario Cabinet,
held a variety of positions including Minister of Correctional Services from June 1999 to
April 2002. As Minister, Sampson designed and supervised the implementation of the
Ontario government’s all-encompassing reform of the Ministry of Correctional Services
focusing on a safe, secure, efficient, effective and accountable system of incarceration
and correction in the Province of Ontario. In this capacity, he managed an annual
operating budget of over $600 million and capital plan of over $500 million.
In 1996, as Parliamentary Assistant to the Ontario Minister of Finance, Sampson
spearheaded the Ontario Government’s review of legislation and regulations governing
auto insurance coverage for over six million drivers in the Province of Ontario. This
involved extensive public and stakeholder consultation and resulted in lower auto
insurance rates across the province.
Sampson has an MBA from Queen’s University and is currently President of White Label
Mortgages Limited, specializing in building new-style, innovative and leading edge
commercial mortgage brokerage services to Canadian corporations and groups. He is also
Vice President, Corpfinance International Limited, providing debt and equity placements
and financial advisory assignments for small and medium-sized corporations and all
levels of government.
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Serge Gascon
After a 30-year career with the Police Service of the City of Montreal, Mr. Gascon retired
as the Deputy Chief. While with the Police Service he held a variety of management
positions directing policing activities in the community, the organized crime unit,
research and planning and systems evaluation. He also served as a member of the
Management Committee and Chair and/or member of a number of committees addressing
operational and administrative issues.
During his career with the Police Service, he created and introduced a systems evaluation
program, a career planning model for the Service, and managed major operational
initiatives dealing with high-risk events in the city. He has been President of the Regional
Committee of the Criminal Information Service of Quebec, and has served on a variety of
committees contributing to criminal justice (police, correctional services, justice and
parole). He has served on numerous municipal, provincial and national committees in the
fight against drug addiction.
Mr. Gascon has a B.A. in Education from the University of Montreal. Since his
retirement, he has been a senior consultant in providing coaching and leadership training
to groups such as the Sûreté du Québec.
Ian Glen, Q.C.
From May 2001 to May 2006, Ian Glen was the Chair of the National Parole Board of
Canada. From 1975 to 2001 he held several senior positions in the federal government,
including Chief, Communications Security Establishment; Deputy Minister, Environment
Canada; Deputy Secretary to the Cabinet (Operations), Privy Council Office; Associate
Deputy Minister, Department of Citizenship and Immigration; Associate Deputy
Minister, Department of Public Security; and Associate Deputy Minister, Department of
Employment and Immigration. Glen also held positions as General Counsel and Legal
Advisor.
Glen has a B.A. from the University of Guelph and LL.B. from Queen’s University.
Chief Clarence Louie
Chief Clarence Louie was elected Chief of the Osoyoos Indian Band in 1985. He has
consistently emphasized economic development as a means to improve the standard of
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Report of the Correctional Service of Canada Review Panel
living for his People. Under his direction, the Band has become a multi-faceted
corporation that owns and manages eight successful businesses and provides employment
for hundreds of citizens. His leadership has resulted in the financing and construction of a
new pre-school, daycare and grade school as well as a new Health Centre and Social
Services building for the Band.
Chief Louie was appointed chairperson of the National Aboriginal Economic
Development in April 2007. He was also appointed to the Board of Aboriginal Business
Canada in 2001 and has received numerous awards including: the Aboriginal Business
Leader Award from All Nations Trust and Development Corporation; the Native
Economic Developer of the Year Award from the Advancement of Native Development
Officers; the Inspirational Leadership Award from Aboriginal Tourism BC; and the
National Aboriginal Achievement Award for Business and Community Development. In
2003, Chief Louie was listed in Maclean’s magazine as one of the “Top 50 Canadians to
Watch.”
Sharon Rosenfeldt
Sharon Rosenfeldt, of Aboriginal descent, began her career as an alcohol and drug abuse
counselor at the Poundmaker’s Lodge Treatment Centre in Edmonton, Alberta. In 1981,
following the abduction and murder of her 16-year-old son, Daryn, she helped co-found
Victims of Violence, a national organization dedicated to improving the situation of crime
victims in Canada. This led to the implementation in 1984 of the first courthouse
victim/witness program in Canada in the Edmonton Provincial court House.
In her capacity as President of Victims of Violence for a number of years, Rosenfeldt
made numerous presentations to community groups, government departments and
agencies, schools and universities and police services in North America. She has served
as the Vice President of the Canadian Police Association’s Resource Centre for Victims
of Crime; Advisory Committee Member of Algonquin College’s Correctional Worker
Program and Durham College’s design of a criminal justice curriculum; and a member of
the Citizen’s Advisory Committee, Ottawa Parole office, Correctional Service Canada.
Rosenfeldt has been a Board member and Chair of the Province of Ontario’s Criminal
Injuries Compensation Board, and from 1998 to 2004 served as Chair of the Office for
Victims of Crime, an agency of the Ontario Ministry of the Attorney General.
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A Roadmap to Strengthening Public Safety
In 2003, she was awarded the Meritorious Service Medal (Civil) by the Governor General
of Canada for her life-long effort in improving the situation of crime victims in Canada.
Members of the CSC Review Panel Secretariat
A Secretariat was also assembled to assist the Panel in accomplishing the work they were
mandated to do during the review process. The Secretariat included:
Lynn Garrow, Secretariat Head
Jim LaPlante, Special Advisor
Christa McGregor, Communications
John Fuoco, Executive Assistant
Sylvie Robert, Administrative Assistant
Natacha St-Denis, Clerk
Budget
Budget 2007 dedicated $3.5 million to this review. Panel members have dedicated
approximately 50 days each to this project and received $1,000 per diem; the chair
received $1,200 per diem; and panel expenses were covered when attending meetings or
touring facilities. A small and temporary Secretariat was assembled in temporary
accommodation to support the Panel during the review process. All expenditures are
available through the Public Accounts process.
Review Mandate and Terms of Reference
The Panel was mandated to review CSC’s 2007–08 Report on Plans and Priorities and
other relevant CSC documents; visit CSC facilities; and consult with stakeholders, justice
experts, CSC staff and the general public. Based on this review, the Panel was requested
to provide the Minister of Public Safety with an independent assessment of CSC’s
contributions to public safety, and advice on how they might be strengthened.
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Specifically, the Panel’s mandate was to focus on providing the Minister an assessment
of and advice on:
•
CSC’s operational priorities, strategies and plans as defined in its business plan;
•
current challenges with respect to safety and security in penitentiaries, including those
related to reducing illicit drugs and combating violence, and requirements for the
future;
•
the effectiveness of programs and other interventions delivered in penitentiaries along
with any related legal framework issues;
•
the effectiveness of programs, supervision and support mechanisms in communities
in reducing recidivism along with any related legal framework issues;
•
the efficiency with which CSC delivers on its public safety mandate, the
identification of potential barriers and opportunities for savings including through
physical plant re-alignment and infrastructure renewal; and
•
CSC’s capacity to delivery, including its capacity to address infrastructure rust out,
maintain basic safety and security in penitentiaries and communities, meet its basic
policy and legal obligations; and adapt to the changing offender profile.
The Panel was not mandated to consider the introduction of privately run penitentiaries
into the federal correctional system.
The Panel was also asked to examine the challenges posed by infrastructure rust-out and
the need to modernize and renew that infrastructure in order to ensure CSC is in a
stronger position to operate efficiently and effectively in the future. The Panel was to
examine current programs, both within penitentiaries and in communities, to ensure they
are achieving the best possible results in reducing recidivism.
Given the unique character of women’s corrections, the Panel was asked to examine the
recommendations made in the report, “Moving Forward with Women’s Corrections,”
submitted by the Expert Committee chaired by the former Chief Justice of Nova Scotia,
Constance Glube, and to give careful consideration to CSC’s response to these
recommendations.
In addition, the panel was asked to address the following specific issues:
•
the availability and effectiveness of work programs;
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•
the availability and effectiveness of programs and services for Aboriginal offenders;
•
the availability and effectiveness of mental health services in penitentiaries and in
communities;
•
the initial placement of offenders convicted of first and second degree murder;
•
CSC’s approach to the location of its Community Correctional Centres and Parole
Offices in urban areas;
CSC’s ability to deal with parole violations, and with frivolous and vexatious
grievances by offenders; and
CSC’s plans to enhance services for and support to victims.
•
•
Finally, the Panel was asked to examine the current regimes for accelerated parole and
statutory release and provide the Minister with advice on alternative approaches.
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Appendix H:
Review Process
After the April 20, 2007 review launch announcement, the CSC Review Panel was
briefed by correctional experts from within CSC, as well as justice experts from the NPB
and the Canadian Centre of Justice Statistics. These initial briefings provided the Panel an
overview of the current trends in Canadian criminal justice and the changing offender
profile, the legislative framework of the federal correctional system, as well as CSC’s
programs, current challenges and latest performance results.
Call-out letters were also sent to numerous organizations, stakeholders, and partners who
share the common objective of safer communities, as well as CSC Wardens and District
Directors. They were invited to submit a written brief as a contribution to the review.
These submissions provided the Panel with information they perhaps would not
otherwise be able to collect and consider.
In addition, instructions for submitting written material to the Panel were posted on a
featured web page on the Public Safety web site. Written submissions from private
members of the public were also accepted. (A list of all submissions received by the
Panel can be found at Appendix J.)
The Panel also visited as many correctional facilities as possible, including halfway
houses and parole offices. Panel members toured penitentiaries of varying security levels
in all regions of the country while meeting with management teams, citizen advisory
committee representatives, union representatives, parole officers, correctional officers,
frontline staff, program staff, health care workers, volunteers, and inmate representatives.
(A list of facilities visited by members of the Panel can be found at Appendix K.)
After reviewing the submissions received from interest groups and individuals, the Panel
selected those they would like to meet with for further consultation based on issues to
address in accordance with the Review Mandate and Terms of Reference. The majority of
these consultation meetings took place in Ottawa; however, many also were arranged
during the Panel’s visits across the country. (A list of those consulted can be found at
Appendix J.)
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A Roadmap to Strengthening Public Safety
At the end of this review process, members of the Panel were able to draw upon the
expert briefings, written submissions, consultations and personal observations from their
site visits, to formulate conclusions and recommendations and begin writing this report.
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Report of the Correctional Service of Canada Review Panel
Appendix I:
List of Recommendations
Refocusing the Corrections and Conditional Release Act
Principles of the Act
1. The Panel recommends that a “substantive” section be added to the CCRA entitled
“Offender Accountabilities” and that at a minimum, it contain the following:
Offenders, as part of their commitment to society to change their behaviour and in
order to help protect society, must:
a) obey penitentiary rules as established by CSC;
b) respect the authority of staff at all times; and
c) actively participate in programs identified by CSC in their correctional plans
(e.g., education, work, correctional programs)
2. The Panel recommends that the following amendments be made to Section 4 of the
CCRA:
Note that the underlined text identifies the Panel’s recommended changes.
a) that the protection of society be the paramount consideration in the corrections
process;
b) that the sentence be carried out having regard to all relevant available
information, including the stated reasons and recommendations of the
sentencing judge, any direction provided by the Criminal Code on conditions of
confinement, other information from the trial or sentencing process, the release
policies of, and any comments from, the National Parole Board, and information
obtained from victims and offenders, and other members of the criminal justice
system;
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A Roadmap to Strengthening Public Safety
c) that the Service enhance its effectiveness and openness through the timely
exchange of relevant information with other components of the criminal justice
system, and through communication about its correctional policies and
programs to offenders, victims, the public, and other members of the criminal
justice system;
d) that, in managing the offender populations in general and the individual
offenders in particular, the Service use appropriate measures that will ensure the
protection of the public, staff members and offenders, and that are consistent
with the management of the offender’s correctional plan;
e) that offenders retain the basic rights and privileges of all members of society,
except those rights and privileges that are necessarily removed or restricted as a
consequence of the sentence, are required in order to encourage the offender to
begin to and continue to engage in his or her correctional plan;
f) that the Service facilitate the involvement of members of the public in matters
relating to the operations of the Service;
g) that correctional decisions be made in a forthright and fair manner, and that
offenders have access to an effective grievance procedure;
h) that, where possible, correctional policies, programs and practices, where
possible, respect gender, ethnic, cultural and linguistic differences and be
responsive to the special needs of women and Aboriginal peoples, the needs of
offenders with special mental health requirements, and the needs of other
groups of offenders with special requirements;
i) that offenders be expected to actively participate in their correctional plan and
in programs designed to promote their rehabilitation and safe reintegration;
j) that offenders be obligated to obey penitentiary rules and to respect the
authority and position of the staff, and any of the conditions governing their
release to the community;
k) that staff members be properly selected and trained, and be given (i)
appropriate career development opportunities,
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Report of the Correctional Service of Canada Review Panel
(ii)
good working conditions, including a workplace environment that is free
of practices that undermine personal dignity, and
(iii) opportunities to participate in the development of correctional policies and
programs.
Roadmap for Change—Change in Operating Model
Population Management
3.
The Panel recommends that, at each security level (minimum, medium and
maximum), a basic level of rights should be defined.
4.
The Panel recommends that differing conditions of confinement should be
dependent on an offender’s engagement in his or her correctional plan and the
offender’s security level.
5.
The Panel recommends that CSC should review the use of voluntary segregation to
ensure that it is not being used by offenders to avoid participation in his or her
correctional plan.
6.
The Panel recommends that current disciplinary sanctions be reviewed and become
more aligned with the severity of assaults and threatening behaviour, including the
verbal abuse of correctional staff.
Safety and Security
7.
The Panel recommends that CSC must become more rigorous in its approach to
drug interdiction by enhancing its control and management of the introduction and
use of illicit substances.
8.
The Panel recommends that CSC’s approach should:
a)
entail the submission of an integrated request for resources supported by
detailed performance targets, monitoring and an evaluation plan that requires
a report on CSC’s progress to the Minister, Public Safety, by no later than
2009-10;
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A Roadmap to Strengthening Public Safety
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
l)
m)
9.
incorporate a commitment to more stringent control measures (i.e.,
elimination of contact visits), supported by changes in legislation, if the
results of the evaluation (see rec. (i)) does not support the expected progress;
increase the number of drug dog detection teams in each penitentiary to ensure
that a drug dog is available for every shift;
involve the introduction of ‘scheduled visits’ so that more effective use of
drug dogs can be made;
increase perimeter surveillance (vehicle patrol by Correctional Officers) and
the re-introduction of tower surveillance, where appropriate, to counter the
entry of drugs over perimeter fences;
include a more thorough, non-intrusive search procedure at penitentiary entry
points for all vehicles, individuals and their personal belongings;
include the immediate limitation and/or elimination of the use of contact visits
when there is reasonable proof that they pose a threat to the safety and
security of the penitentiary;
include the purchase of new technologies, to detect the presence of drugs;
(resources should be available for the ongoing maintenance and staff training);
enhance the policies and procedures related to the management of prescription
drugs, urinalysis testing and the routine searches of offenders and their cells
for illicit substances;
work closely with local police forces and Crown Attorneys to develop a more
proactive approach for criminal sanctions related to the seizure of drugs;
include an amendment to the Controlled Drugs and Substances Act to create
an aggregating factor (or a separate offence) for the introduction or trafficking
within a penitentiary in Canada of any controlled or designated substance with
a mandatory minimum penalty consecutively to any existing sentence(s);
include the authority for CSC to prohibit individuals who are found guilty of
such charges (highlighted in XI) from entering a federal penitentiary for a
period of not less than 10 years, and
include the development and implementation of a heightened public
awareness campaign to communicate the repercussions of smuggling drugs
into penitentiaries.
The Panel recommends that CSC, as a priority, continue to strengthen its security
intelligence framework for the collection, analysis and dissemination of information
within federal corrections, police services and other criminal justice partners.
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Report of the Correctional Service of Canada Review Panel
10.
The Panel recommends that a national database of all visitors should be created.
11.
The Panel recommends that the Canada Labour Code be amended to require an
offender to provide a blood sample for testing after an incident that could have
placed the staff member’s health at risk because of the transmission of bodily fluid.
12.
The Panel recommends that the current voluntary testing of offenders at entry into
the system for infectious diseases be made mandatory.
The Structured Work Day
13.
The Panel recommends that, in order to allow sufficient time for the integration of
work, education and correctional programming, and the introduction of structured
leisure time, the length of the regular or active day should be lengthened from eight
hours to twelve hours, allowing offenders to be actively engaged in meaningful
activities.
14.
The Panel recommends that recreation be a meaningful use of the offender’s time
with a direct link to the offender’s correctional plan.
15.
The Panel recommends that CSC pay more attention to the attainment of higher
educational levels and development of work skills and training to provide the
offender with increased opportunities for employment in the community.
Assessment and Correctional Interventions
16.
In order to ensure offenders participate and successfully complete programs
recommended in their correctional plans, the Panel recommends that CSC:
a)
shorten the period of intake assessment and considers opportunities to start
correctional programming (behavioural and motivation-focused) during
intake assessment, particularly for offenders with short sentences of four
years or less;
b)
shorten the time before offenders start their first program. CSC should
look to other correctional jurisdictions who have managed to shorten yet
improve intake assessments;
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A Roadmap to Strengthening Public Safety
17.
c)
change its program methodology to allow for the introduction of program
‘modules’ that facilitate offenders starting a program;
d)
introduce a series of meaningful incentives and consequences to
encourage offenders to participate in their correctional plans;
e)
undertake a review of programs delivered in penitentiaries and the
community in order to determine the right balance between the two;
f)
consider community capacity to deliver programs including:
(i)
the delivery of maintenance programs by contracted and trained
program deliverers in communities where CSC cannot provide direct
interventions,
(ii)
the use of trained volunteers to provide support to particular offender
groups, offenders who require intensive mental health interventions
in a halfway house setting;
g)
undertake a review of the competencies (knowledge and skills) required
by its staff to better manage the needs of the changing offender profile
with respect to program delivery; and
h)
consider introducing a multi-disciplinary team approach to reinforce
programming results in both the penitentiaries and the community.
The Panel recommends that, every three years, all programs be evaluated to ensure
they meet recognized standards.
Education
18.
The Panel recommends that CSC review the reasons for the low offender
participation rates in its adult basic education programs and identify new
methodologies to motivate and support offenders in attaining education certificates
prior to or by the end of their conditional release period.
19.
The Panel also recommends that these educational programs be reviewed and
integrated with initiatives that are being undertaken to provide employability and
employment skills for offenders.
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Research—Fostering an Understanding of Performance
20.
The Panel recommends that the financial and correctional benefits of CORCAN
operating as a Special Operating Agency should be evaluated in order to ensure that
it properly reflects CORCAN’s role in the new correctional model.
21.
The Panel recommends that the results of the review be used to reconstruct
CORCAN’s Business Plan so that it better responds to the job and training needs of
the changing offender population over the next five years.
22.
The Panel recommends that the revised CORCAN Business Plan should also
include approaches to working with federal/provincial government departments and
agencies, particularly with Human Resources and Social Development Canada
(HRSDC), Service Canada as well as private sector training/counseling facilitators.
23.
The Panel recommends CORCAN must pay particular attention to:
24.
a)
integrating employability/employment initiatives and correctional and
educational programs within a re-structured work day, and
b)
focusing
on
preparing
offenders
to
be
‘skills-ready’
(vocational/apprenticeship) for national and local labour market
opportunities.
The Panel also recommends that the CORCAN support the job and skill needs of
offenders on conditional release in the community and that CSC/CORCAN:
a)
identify approaches to strengthen release planning, by ‘bridging’ the
offender to an available job in the community by ensuring the offender’s
‘job-readiness’ status is effectively matched to community support
initiatives;
b)
ensure that opportunities for transitional employment for offenders have
been identified and linked with responsibilities of community correctional
centres and halfway houses, and
c)
ensure that CSC has developed relationships with employers, to provide a
seamless transition of pre-screened offenders from the penitentiary to
immediate employment.
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25.
The Panel recommends that CSC/CORCAN focus on building formal relationships
with employers to expand the employment opportunities for offenders. The Panel
recommends the following specific priorities in this area:
a) CSC redevelop its Aboriginal Employment Strategy focusing on building
economic opportunities for Aboriginal community-based enterprises that
support concrete employment opportunities for Aboriginal people;
b) CSC and CORCAN work with a Provincial Building and Construction Trades
Council or another similar entity to create a pilot project that creates a preapprenticeship and/or apprenticeship program for offenders that leads directly
to employment on release;
c) the Panel recommends that CSC and CORCAN work with the Saskatchewan
Construction Association in establishing apprenticeship opportunities for
young Aboriginals and opportunities that could be provided specifically to
Aboriginal offenders;
d) after evaluation of the above noted pilot and building on best practices, forge
other such partnerships in other regions; and
e) CSC re-positions the recommendations identified above with respect to
reassessing the National Employment Strategy for Women Offenders.
Women Offenders
26.
The Panel, overall, endorses the recommendations contained in the report “Moving
Forward with Women’s Corrections.”
27.
The Panel recommends that a strong functional role for the Senior Deputy
Commissioner, Women be maintained.
28.
The Panel endorses the approach used for women with mental health issues and was
impressed by the Structured Living Environment (SLE) and recommends that the
model should be considered for adaptation to men’s corrections.
29.
The Panel recognizes the importance of an independent review of the status of
Women’s Corrections in Canada and recommends that the recommendations of the
Glube Report should form the basis of a formal review in five years.
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Report of the Correctional Service of Canada Review Panel
Aboriginal Offenders
30.
The Panel recommends that employment be the first priority in supporting
Aboriginal offenders in returning to the community.
31.
The Panel recommends that, as the second-largest federal public service employer
of Aboriginal people, CSC should:
a) enhance recruitment, retention and development of Aboriginal staff,
particularly in correctional officer, parole officer and management positions in
CSC penitentiaries and the community where Aboriginal representation is
high;
b) ensure that Aboriginal staff can demonstrate their knowledge and awareness
of the particular challenges facing Aboriginal people on Reserve and in
Aboriginal urban communities, and
c) promote awareness and understanding of Aboriginal life among nonAboriginal employees, and provide them with the tools and training to work
more effectively with Aboriginal people and communities.
32.
The Panel recommends that CSC make resources available to respond to the
specific needs of Aboriginal offenders populations, such as further investment in
correctional programming tailored specifically to their needs.
33.
The Panel recommends that CSC achieve a balance between correctional and
healing interventions, and ensure that programming emphasis be placed on
managing drug and alcohol problems, managing anger, and using conflict
resolution.
34.
The Panel also recommends that CSC ensure it can measure the results of these
programs effectively, so that it can demonstrate to Aboriginal communities that
Aboriginal offenders have addressed their problems and can rejoin their
communities.
35.
The Panel recommends that employment be CSC’s first priority in supporting
Aboriginal offenders’ return to their communities. The Panel recognizes the
importance of other program interventions to address the behavioural and skills
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deficits of Aboriginal offenders, but recommends that CSC achieve a better balance
in providing these programs.
36.
The Panel recommends that CSC review its approach to mental health assessments
of Aboriginals at intake and ensure effective screening techniques are in place.
37.
The Panel recommends reviewing the number of Aboriginal Community
Development Officers should be increased to work with Aboriginal communities
and support local Aboriginal offender employment.
38.
The Panel recommends that Pathways Units be expanded in CSC penitentiaries to
meet the requirements of Aboriginal offenders where warranted, and that these
“Pathways Units” have a job-readiness components.
39.
The Panel recommends that CSC continue to work with Aboriginal communities
and First Nations, Métis and Inuit organizations, with the primary objective of
securing employment for offenders returning to their communities.
40.
The Panel recommends that CSC review the organizational structure and functions
of its Healing Lodges in order to ensure that it can attract qualified Aboriginal staff.
41.
The Panel recommends that CSC review its funding structure to ensure it can fully
respond to the operational requirements of Healing Lodges.
42.
The Panel recommends that CSC add job-readiness responsibilities for Healing
Lodges in the context of the recommendations on employability and employment.
43.
The Panel recommends that CSC seek resources to support and expand Aboriginal
halfway houses, particularly with respect to support Aboriginal offenders in seeking
employment.
44.
The Panel recommends that CSC continue to advance its collaboration with the
territorial authorities in addressing the unique needs of offenders, particularly Inuit
offenders, returning to northern communities.
Ethnocultural Offenders
45.
The Panel recommends that the unique needs of ethnocultural offender populations
be considered wherever applicable in the Panel’s full slate of recommendations.
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Report of the Correctional Service of Canada Review Panel
46.
The Panel recommends that CSC continue to work with ethnocultural communities
to ensure every means and resource is used to respond better to the needs of an
increasingly diversified offender population.
Mental Health
47.
The Panel recommends that the ‘bridge funding’ approved by Treasury Board for
CSC’s Mental Health Strategy be provided permanently to CSC so that they can
implement and maintain its mental health initiatives and meet legislative
obligations.
48.
The Panel recommends the delivery of mental health services is identified as a
critical factor in the Government’s public safety agenda in order to blend CSC
initiatives with federal and national initiatives.
49.
The Panel recommends that Health Canada formally recognize the importance
addressing the mental health problems of offenders and strongly encourages the
newly established Mental Health Commission to include mentally ill offenders as
one of its priorities.
50.
The Panel therefore recommends that a comprehensive and recognized mental
health assessment system be incorporated into the intake assessment process, so that
a treatment strategy that is fully integrated with programming can be developed.
51.
The Panel recommends increasing the use of contracted and volunteer service
providers and the resources required to support their work in assisting offenders
under conditional release in the community.
52.
The Panel strongly supports the concept of the Structured Living Environment
(SLE) for women offenders and recommends extending this approach to the
treatment of men offenders.
53.
The Panel recommends that particular attention should be given to the impact of the
effects of Fetal Alcohol Spectrum Disorder (FASD), particularly for Aboriginal
offenders.
54.
The Panel recommends that, because of the variety of ‘models’ that have been
implemented by each of CSC’s regions, CSC should conduct a review of its
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Regional Psychiatric and Treatment Facilities to ensure the most effective and
accredited structures and approaches are in place to meet regional needs for the
treatment of acute mental health and special needs cases.
55.
The Panel recommends that the Review consider the overriding management
principle that treatment and operational requirements should take place in the
context of a “penitentiary within a hospital setting rather than a hospital within a
penitentiary setting” so that a strategy and business case supporting the
development of these facilities over the next five years can be developed.
56.
The Panel recommends that CSC consult with other correctional jurisdictions on
their ‘best practices’ related to the assessment and treatment of offenders in mental
health treatment centres.
57.
The Panel recommends that CSC work with federal, provincial and territorial
correctional and health officials to identify ways to introduce and/or expand
exchange of service agreements to provide mental health support in communities to
both federal and provincial offenders after the end of their sentences.
58.
The Panel recommends that CSC be provided with the funding to keep its
professional mental health staff current with new developments in assessment and
treatment, and provide for the training of correctional staff to effectively interact
with and supervise offenders with mental health problems.
Transition to the Community
Comprehensive Community Reintegration Planning
59. The Panel recommends that community reintegration planning, for offenders serving
a fixed sentence, start at admission to ensure that focus is placed on programming,
education, employment, and mental health treatment.
Earned Parole
60.
The Panel recommends that the CCRA be amended to replace statutory release and
accelerated parole review with earned parole.
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Report of the Correctional Service of Canada Review Panel
61.
The Panel recommends that the CCRA be amended to reflect that the protection of
society is the paramount consideration in the determination of conditional release
(CCRA. S. 101(a)) and that (d) the National Parole Board makes the determination
consistent with the offender’s correctional plan and an individual risks/needs
assessment, consistent with the protection of society.
62.
The Panel recommends that a full review of the conditional release process should
be undertaken in order to effectively link day parole and full parole with the
objectives of the earned parole approach and the principles of gradual release. The
review should also focus on the impact of releasing directly from penitentiaries
offenders who reach their warrant expiry dates, when they are no longer under the
supervision of CSC.
63.
The Panel recommends that a review be conducted on how community-based
interventions should be retooled to meet changing requirements for supervision and
service delivery, (i.e., employment).
64.
The Panel recommends that the NPB shall review cases annually each year after
parole eligibility dates have passed.
65.
CSC should notify local Crown Prosecutors about offenders in custody who have
been denied parole and will be detained to warrant expiry for non-compliance with
their correctional plan, to allow for consideration of issuing a Section 810
application at the time of warrant expiry.
Outside the Walls
66.
The Panel recommends that a more comprehensive community release plan be
developed that
a) measures the achievements attained by the offender against the requirements
identified in the penitentiary correctional plan, as the basis for the
development of a community correctional plan;
b) clearly links conditional release conditions, imposed by NPB, with
accommodation, supervision and programming interventions and employment
initiatives;
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c) details the responsibilities and accountabilities of the offender to achieve
reintegration objectives; and
d) sets terms and conditions for formal reviews of progress to the end of the
offender’s sentence.
67.
The Panel recommends a full review of the capacity and capability of community
residential facilities; in particular the current lack of community accommodation
alternatives available for women offenders, as well as CCRA S. 81/84 agreements
with Aboriginal communities.
68.
The Panel recommends that additional attention should be given to
a) strengthening CSC’s guidelines to include more extensive community
consultation when selecting locations of both community correctional
facilities and parole offices; and
b) ensuring requests to Public Works for site acquisition include full
consideration of amendments to municipal bylaws that provide for ‘no go
zones’ that will protect potential vulnerable communities or areas.
69.
The Panel recommends that current community case management processes be
reviewed to identify how a better balance can be achieved among the many
responsibilities of community parole officers, in particular, to identify process
efficiencies and ensure that the benefits of dynamic supervision are maintained.
70.
The Panel recommends that CSC review its community program base and the
resources required to support the implementation of maintenance programming.
Particular attention should be given to the development and availability of
community programs for women and Aboriginal offenders.
71.
The Panel recommends that CSC update the Community Strategy for Women and
enhance transition services in the areas of supervision, accommodation and
intervention, including the consideration of initiatives supporting employment and
employability for women on conditional release.
72.
The Panel recommends that CSC include a rationale for the community correctional
liaison officers in the business case that it prepares on the management of security
intelligence.
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Report of the Correctional Service of Canada Review Panel
73.
The Panel is particularly concerned about safety and security in the community and
recommends that
a) where supervision strategies warrant a home visit and the profile of the
offender creates a cause for concern, either a second parole officer or a police
officer be tasked to accompany the parole officer and that such a decision be
taken with the parole officer’s supervisor with the critical factor for decision
being the safety of the parole officer;
b) an evaluation of the results of the CSC pilot project on electronic monitoring
consider amendments to the Corrections and Conditional Release Act to
expressly permit the use of electronic monitoring as a condition of release,
and expand the scope and term of the Canadian Criminal Code Section 810
orders that specifically authorize electronic monitoring and residency
restrictions; and
c) consideration be given to amending section 137 of the CCRA to allow police
services to arrest without warrant under conditions similar to those that now
exist in Section 495 (2) of the Canadian Criminal Code.
74.
The Panel recommends that CSC consider in its business case supporting the
enhancement of its security intelligence initiatives the creation of community
security intelligence officers and the strengthening of community correctional
liaison officers to enhance the sharing of information among CSC and its partners in
the criminal justice system at the municipal, provincial and national levels.
75.
The Panel recommends that CSC complete its review of the use of electronic
monitoring and consider initiatives that have been undertaken in other correctional
jurisdictions to determine what ‘best practices’ could be tailored to CSC
requirements. Results should be incorporated into policy proposals outlining
advantages and disadvantages and resource impacts and recommending future
options for this technology.
76.
The Panel recommends that CSC continue to invest in and enhance the capacity and
involvement of its community partners to provide support services and assistance to
offenders as active community involvement is the key to maintaining community
safety.
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77.
The Panel recommends that CSC enhances its programs of public education
programs in the community and becomes more proactive and purposeful in
communicating with Canadians or community capacity may slowly erode.
78.
The Panel recommends that the judicial system to make greater use of Section
743.6 of the Canadian Criminal Code and, in the cases where offenders on
conditional release reoffend, that this section of the Code be used aggressively and
that subsequent sentences be ordered to be served consecutively not concurrently.
79.
The Panel recommends that in the case of repeated reoffending by offenders,
consideration be given to amending the Canadian Criminal Code to further elongate
the period prior to parole eligibility.
Recognizing the Role of Victims—Providing Victim Services
80.
The Panel recommends that CSC continue ongoing consultation with victims and
victim communities and supports the creation of a Victims Advisory Committee, as
well as continuing to collaborate with federal partners.
81.
The Panel recommends that a strategy be developed, in conjunction with the
Aboriginal Policy Branch, Public Safety, the Federal Ombudsman for Victims of
Crime, and Aboriginal organizations, to reach out to Aboriginal victims to ensure
their information needs are identified and addressed.
82.
The Panel recommends that CSC ensures that it continuously reviews the progress
being made with victim’s services to ensure full implementation is achieved in a
timely manner.
83.
The Panel recommends that the Corrections and Conditional Release Act be
amended to share information with registered victims on the progress of offenders
in addressing their correctional plan and the incidents of penitentiary discipline on
an annual basis at a minimum.
84.
The Panel recommends that CSC’s operational policy, in the context of Section
27(3)(a) of the Corrections and Conditional Release Act, and as applied to victims
of crime, be reviewed to ensure that victims are aware of these provisions, that
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Report of the Correctional Service of Canada Review Panel
procedures are in place to determine potential risk, and that these provisions are
being applied as and when appropriate.
85.
The Panel recommends that, given the creation of the Office of the Federal
Ombudsman for Victims of Crime, the provision of services to victims be reviewed
holistically to ensure that resources are maximized and possible duplication of
services avoided and gaps in service eliminated.
86.
The Panel recommends that CSC heighten the awareness of available victim
services by working with its provincial and territorial counterparts, i.e., Crown
Attorneys, in order to allow for an improved exchange of information about victim
services.
Human Resource Management—Responding to Change and
Need
87.
CSC must focus on being a knowledge-based organization through the development
and training of all staff to meet the unique skill requirements of their jobs and the
management requirements associated with the risk and needs of a changing offender
population. This should occur in the context of Public Service Renewal and in
accordance with industry standards.
88.
The Panel recommends that particular emphasis, be placed on horizontal career
development, by allowing, through flexible classification and staffing processes (in
accordance with the Public Service Modernization Act), the deployment of
professional staff between and among penitentiaries, the community and regional
and national offices. The goal should be to provide strong, effective and consistent
leadership that focuses on resolving issues at the lowest level of management.
89.
The Panel recommends that CSC review its current strategies for recruitment and
retention of all staff, while focusing on ensuring
a) appropriate cultural representation, particularly representation of Aboriginal
People, including Elders, Aboriginal Liaison Officers in penitentiaries and the
community, and staff in women’s penitentiaries, in the context of the
recommendations of Glube;
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b) professionals to support mental health delivery programs and treatment in
CSC penitentiaries, regional mental health facilities (including dedicated
correctional officers) and the community;
c) the creation of an integrated security intelligence function; and
d) program and case management staff that can effectively respond to
operational requirements posed by the introduction of ‘earned parole’; staff to
respond to the development of an enhanced and integrated
employability/employment model.
90.
The Panel recommends that CSC review the operational requirements associated
with the management of proposed structured populations and consider approaches
to build inter-disciplinary teams—correctional officers, parole officers, mental
health professionals, program and employment specialists, inter-faith staff—to
maximize the participation of offenders in their correctional plans and prepare them
for gradual transition to an offence-free reintegration in the community.
91.
The Panel recommends that CSC have the appropriate level of funding to ensure its
human resource function can provide timely and effective services to the
organization, particularly at the penitentiary levels.
92.
The Panel supports the collaborative approach and the requirement for adequate
resources to support initiatives that are being taken by CSC management and the
Unions to resolve frontline issues, consistent with the Public Service Modernization
Act and the Public Service Labour Relations Act.
93.
The Panel recommends that CSC consider a governance structure that ‘flattens’ the
management structure in order to create more integrated functional support
structures, nationally, strengthen decision-making at the frontline, and respond to
the full set of recommendations proposed by the Panel.
94.
The Panel recommends that CSC ensures a quality assurance process is in place to
monitor compliance with CSC policies.
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Report of the Correctional Service of Canada Review Panel
Accountability—Measuring Performance
95.
The Panel recommends that federal and provincial partners in the criminal justice
system work together to develop a comprehensive integrated reporting system that
effectively measures reoffending by offenders and clearly communicates this
information to Canadians.
96.
CSC should strengthen its performance measures and look to other correctional
jurisdictions to improve its capability to develop ‘targets for results’.
97.
The Panel recommends that CSC strengthen its performance measurement in the
areas of offender employability and the elimination of drugs from penitentiaries.
Physical Infrastructure—Yesterday’s Infrastructure Does not Meet
Today’s Needs
98.
The Panel recommends that CSC pursue undertaking capital and operating
investments in a new type of regional, penitentiary complex that responds to the
cost-efficiency and operational-effectiveness deficits of its current physical
infrastructure.
99.
The Panel recommends that CSC develop a ‘project development proposal’ for
consideration which takes into account the recommendations of Deloitte’s
October 4, 2007 Independent Review of the cost estimate for the construction and
operation of a new corrections facility which was commissioned by the Panel.
100. The Panel recommends that in the interim, CSC institute clear criteria to minimize
authorization of retrofit projects.
Financial Management
101. The Panel recommends that any review of changes to CSC’s physical infrastructure
consider the impact of building new correctional facilities in different regional
locales or correctional complexes, financing these new capital expenses in a new
way, and decommissioning facilities that have long served their usefulness.
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102. The Panel suggests that CSC look at other correctional jurisdictions to determine
the operational and related cost-effective benefits of building new correctional
facilities in different regional locales or correctional complexes.
103. The Panel recommends that CSC review standards used in the purchase of outside
medical services in each of its regions.
104. The Panel recommends that the government take into consideration the importance
of ensuring that both federal and national initiatives related to health care reflect the
responsibilities and accountabilities of CSC. The Panel suggests that the
Government examine how health care costs are funded for federal offenders and
either consider providing a direct allocation out of Health Canada, or continue
consideration of these core costs in the determination of CSC budgetary allocations.
105. The Panel recommends that the two-year bridge funding provided by Treasury
Board to CSC for the period of 2007–09 be extended as part of CSC’s normal
operating allocations.
Other Considerations
Frivolous and Vexatious Grievances by Offenders
106. The Panel recommends that CSC clearly establish criteria to define offender
grievances that are considered frivolous and vexatious and review its Offender
Redress System to ensure that procedures are introduced at the ‘first level’ of the
grievance process to address these grievances in the context of CSC policy.
Initial Placement of Offenders Convicted of First and Second Degree Murder
107. The Panel recommends that consideration be given to amend the CCRA to clearly
define the initial security level and duration of placement of offenders convicted of
first and second degree murder and the reasons for placement.
108. Offenders convicted of first and second degree murder should be managed
differently from offenders with short sentences. In light of the impacts of the
amendment, CSC should use the results of intake assessment and the offender’s
correctional plan to manage the offender’s sentence in a comprehensive manner
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Report of the Correctional Service of Canada Review Panel
until subsequent decision points related to the reassessment of the progress the
offender has made in following the correctional plan.
Collection of DNA Samples
109. The Panel recommends that, as part of its contribution to ongoing and effective
criminal investigations, that CSC be supportive of any action that considers taking
DNA samples from federal offenders in CSC penitentiaries, especially from sexual
and dangerous offenders.
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Appendix J:
Summary of Presenters (Written and Oral)
WRITTEN
Interest Groups
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
African Canadian Legal Clinic (ACLC) – Richard Miller, Lawyer
Assembly of First Nations – Debra Hanuse, A/Director, Law & Legislation Unit
Association de rencontres culturelles avec les détenus – Pascal Bélanger, General
Coordinator
Association des services de réhabilitation sociale du Québec – Patrick Altimas,
Director General
Canadian Association of Elizabeth Fry Societies – Kim Pate, Executive Director
Canadian Centre for Abuse Awareness – John Muise, Director of Public Safety
Canadian Centre on Substance Abuse – Michel Perron, Chief Executive Officer
Canadian Criminal Justice Association – Irving Kulik, Executive Director
Canadian Families and Corrections Network – Lloyd Withers, National
Coordinator
Canadian Human Rights Commission – Hélène Goulet, Secretary General
Canadian Resource Centre for Victims of Crime – Heidi Illingworth, Executive
Director
Church Council on Justice and Corrections – Jane Griffiths, President
Citizens’ Advisory Committee (CAC) – Sean Taylor, National Chairperson
o Maurice Lavallée, President, Joliette Institution CAC
o France Pellerin, President, Lanaudière CAC
o Gérald Durocher, Member, Lanaudière CAC
o Kingston Penitentiary CAC
o Millhaven Institution CAC
Citizens’ Advisory Committee, Victoria Parole – Deryk Norton, member
Concerned Citizens for a Safer Neighbourhood – Albert Galpin, member
Congress of Aboriginal Peoples – Randy Martin, Corrections Justice Coordinator
Correctional Supervisor Advisory Committee – Steve Wilcock, National
Chairperson, and Correctional Supervisor at Frontenac Institution
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Report of the Correctional Service of Canada Review Panel
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Federal Ombudsman for Victims of Crime – Steve Sullivan
First Nations and Inuit Health Branch, Health Canada – Ian Potter, Assistant
Deputy Minister
JEMTEC Inc. – Eric Caton, President & CEO
John Howard Society – Graham Stewart, former Executive Director and Craig
Jones, Executive Director
LifeLine – John Braithwaite
M2W2 Association – Mary Reeves, Executive Co-director
National Associations Active in Criminal Justice (NAACJ) – Susan Haines,
Executive Director
National Ethnocultural Advisory Committee – Dr. Emerson Douyon, National
Chair
National Volunteer Association of CSC – Bill Huzar, National Co-Chair/Vancouver
Island Community Rep.; and Deirdre Crandall, Board
Office of the Correctional Investigator – Howard Sapers, Correctional Investigator
Ontario Provincial Police (OPP) – Julian Fantino, Commissioner
Pauktuutit Inuit Women of Canada – Jennifer Dickson, Executive Director
Professional Institute of the Public Service of Canada (PIPSC) – Isabelle Petrin
Salvation Army, Territorial Headquarters, Canada & Bermuda – M. Christine
MacMillan, Commissioner, Territorial Commander
St. Leonard’s Society of Canada – Elizabeth White, Executive Director
Union of Canadian Correctional Officers (UCCO-SACC-CSN) – Michel Gauthier,
National Coordinator
Union of Solicitor General Employees (USGE) – John Edmunds, National President
West Coast Prison Justice Society – Michael Jackson, President and Professor of
Law, Faculty of Law, University of British Columbia
Working Group on Justice and Corrections, Anglican Diocese of Toronto –
John Hill, Chair
Individuals
•
Black, Tom – Senior Technical Policy Analyst, Public Safety
•
Brown, Gord – MP (Leeds-Grenville)
Dick, Isabel – private citizen
Doob, Anthony & Sprott, Jane – Professor of Criminology & Associate Professor
of Criminology, University of Toronto
•
•
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•
•
•
•
•
•
•
•
•
•
•
•
•
Grant, Brian – Engineering Maintenance Officer, CSC Prairie Region
Hadwen, Matthew – Offender Management System (OMS), CSC
Hanger, Art – MP, Calgary Northeast
Howes, Dr. Richard – Psychological Department, Stony Mountain Institution
McKenzie, Ian – Psychologist, Beaver Creek Institution
Moffit, Rod – family member of victim
Newark, Scott – former president of the Canadian Resource Centre for Victims of
Crime
Ritchie, Ernie – Parole Officer, Stony Mountain Institution
Roach, David and Judy – volunteers at Grand Valley Institution for Women,
Ontario
Runciman, Bob – MPP (Leeds-Grenville), Official Opposition House Leader
(Former Solicitor General of Ontario)
Stelmaszynski, Adam – federal inmate
Stoddart, William – federal inmate
Woods, Glen – former member of the RCMP
Wardens and District Directors (DDs)
•
•
•
•
•
•
Bernier, Pierre – Warden, Port-Cartier Institution, Quebec Region
Campbell, Judy – Warden, Pacific Institution, CSC and Art Gordon, Executive
Director, Regional Treatment Centre, Pacific Region
Townson, Craig – District Director, Western Ontario District Office, Guelph, ON
Lang, Brian – District Director, Community Corrections, Abbotsford, Pacific Region
LePage, Brenda – Warden, Saskatchewan Penitentiary, Prairie Region
Mazzocchi, Loretta – Warden, Joliette Institution, Quebec Region
ORAL PRESENTATIONS GIVEN
•
•
•
•
•
African Canadian Legal Clinic (ACLC) – Richard Miller, Lawyer and Sharlene
Theodore
Association de rencontres culturelles avec les détenus (ARCAD) – Pascal
Bélanger, General Coordinator
Canadian Association of Elizabeth Fry Societies – Kim Pate, Executive Director
Canadian Centre for Abuse Awareness – John Muise, Director of Public Safety
Canadian Criminal Justice Association – Irving Kulik, Executive Director
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Report of the Correctional Service of Canada Review Panel
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Canadian Human Rights Commission – Donna Duvall
Canadian Police Association – Tony Cannavino, President; David Griffin,
Executive Officer & Pierre Collin
Congress of Aboriginal Peoples – Cathy Graham, Policy Analyst
Federal Ombudsman for Victims of Crime – Steve Sullivan
John Howard Society – Graham Stewart, former Executive Director and Craig
Jones, Executive Director
Lee, Ian – Professor, Carleton University
National Volunteer Association of CSC – Bill Huzar, National Co-Chair/Vancouver
Island Community Rep.
Newark, Scott – former president of the Canadian Resource Centre for Victims of
Crime
Office of the Correctional Investigator – Howard Sapers, Correctional Investigator
and Ed McIsaac
Ontario Provincial Police (OPP) – Julian Fantino, Commissioner
Ottawa Centretown Citizen’s Community Association – Andrew Aitkens, VicePresident
Pauktuutit Inuit Women of Canada – Jennifer Dickson, Executive Director
Professional Institute of the Public Service of Canada (PIPSC) – Isabelle Petrin
and Denise Pouliot (Ottawa)
Salvation Army, Territorial Headquarters (Toronto) – John Frame and Hugh Osler
Spice, Joan – private citizen (Ottawa)
St. Leonard’s Society of Canada – Elizabeth White, Executive Director
Union of Canadian Correctional Officers (UCCO-SACC-CSN) – Michel Gauthier,
National
Union of Solicitor General Employees (USGE) – John Edmunds, National President
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Appendix K:
Correctional Facilities Visited by the Panel
Atlantic Region
Atlantic Institution (maximum security), Renous, NB
Carlton Community Correctional Centre (CCC), Halifax, NS
Dorchester Penitentiary (medium security), Dorchester, NB
Halifax Parole Office, Halifax, NS
Mountain Top House/Moncton Parole Office, Moncton, NB
Nova Institution for Women (multi-level security), Truro, NS
Shepody Healing Centre (multi-level security), Dorchester, NB
Springhill Institution (medium security), Springhill, NS
Westmorland Institution (minimum security), Dorchester, NB
Quebec Region
Archambault Institution (medium security), Sainte-Anne-des-Plaines, QC
Leclerc Institution (medium security), Laval, QC
Madeleine Carmel Community Residential Facility (CRF), Montreal, QC
Martineau CCC, Montreal, QC
Montreal Metropolitan District, Montreal, QC
Regional Hospital/Regional Mental Health Unit (multi-level security),
Sainte-Anne-des-Plaines, QC
Regional Reception Centre (maximum security), Sainte-Anne-des-Plaines, QC
Sainte-Anne-des-Plaines Institution (minimum security), Sainte-Anne-des-Plaines, QC
Special Handling Unit (SHU) (maximum security), Sainte-Anne-des-Plaines, QC
Staff College/ Federal Training Centre, Laval, QC
240
Report of the Correctional Service of Canada Review Panel
Ontario Region
Joyceville Institution (medium security), Joyceville, ON
Kingston Penitentiary (maximum security), Kingston, ON
Millhaven Institution (maximum security), Bath, ON
Pittsburgh Institution (minimum security), Joyceville, ON
Prairie Region
Stony Mountain Institution (medium security), Winnipeg, MB
Osborne CCC, Winnipeg, MB
Saskatchewan Penitentiary (medium/maximum security), Prince Albert, SK
Oskana CCC, Regina, SK
Regional Psychiatric Centre (multi-level security), Saskatoon, SK
Northwest Territories Area Parole Office, Yellowknife, NWT
Pacific Region
Belkin Enhanced CRF, Vancouver, BC
Kent Institution (maximum security), Agassiz, BC
Mountain Institution (medium security), Agassiz, BC
Vancouver Parole Office, Vancouver, BC
241
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