Courts to Cap Solitary, Expand Mental Health Care

Summary#

This bill would change how federal prisons handle isolation, mental health care, community-based services, and legal remedies for unfair treatment. It tightens limits on solitary-like conditions, expands hospital transfers for people with disabling mental health issues, and invites Indigenous and community groups into care and release planning. It also lets a sentencing court reduce a sentence if the prison service treated a person unfairly.

• Limits isolation in “structured intervention units” (separate areas with reduced time out of cell) to 48 hours unless a superior court approves more time (replaces s.33).
• Requires timely mental health assessments and transfers to hospital if no qualified clinician is available or if disabling mental health issues are found (amends s.15.1; adds hospital-transfer rule after s.29.01; amends s.37.1).
• Broadens agreements to include Indigenous bodies and other community groups for custody, services, and release planning; restricts when transfers can be denied (replaces s.81; replaces s.84).
• Requires the Parole Board to give written reasons when it does not follow a community release plan (replaces s.84).
• Lets people apply to the sentencing court to reduce incarceration or parole ineligibility if the Correctional Service acted unfairly, with set timelines (adds Part III.1).

What it means for you#

• Households and people in federal prisons
  • Isolation time limit: You cannot be kept in a structured intervention unit (an area with reduced time out of cell) for more than 48 hours unless a superior court orders an extension for safety or similar reasons (replaces s.33; see s.32(1) purposes).
  • Faster mental health checks: On admission to a penitentiary, the prison must refer you for a mental health assessment within 30 days; if no qualified in-house clinician is available, you must be transferred to a hospital for assessment (amends s.15.1(2.01)-(2.02)).
  • Hospital care when needed: If an assessment finds you have disabling mental health issues, the Commissioner must transfer you to a hospital or mental health facility (adds hospital-transfer rule after s.29.01).
  • If placed in a structured intervention unit, you must be referred for a mental health assessment within 24 hours; if no qualified clinician is available, you must be transferred to a hospital for assessment (amends s.37.1(2)(a); adds s.37.1(3)).
  • Remedy for unfairness: You may apply to the original sentencing court to reduce your incarceration or parole ineligibility if prison authorities acted contrary to law or policy, were unreasonable or discriminatory, made mistakes, or misused discretion. You must apply within 60 days of the event or related notice, unless the court sets a longer deadline (adds Part III.1).
• Families and supporters
  • Community planning: With the person’s request, Indigenous organizations, Indigenous governments, and community groups serving disadvantaged or minority populations can propose detailed plans for release and reintegration (replaces s.84).
  • Transparency: If the Parole Board does not follow a proposed plan, it must give written reasons (replaces s.84).
• Indigenous peoples and other disadvantaged or minority populations
  • Expanded role: Indigenous organizations, Indigenous governing bodies, and community groups serving disadvantaged or minority populations can make agreements to provide services, accept transfers of custody with consent, and lead release planning (replaces s.81; replaces s.84; adds definition in s.79 heading and s.2(1)).
• Community groups and service providers
  • New agreements and payments: You may enter agreements with the Minister to provide correctional services, including possible payment for services (replaces s.81(1)-(2)).
  • Transfers with consent: With the person’s and your consent, custody may be transferred to you under an agreement. The Commissioner must take reasonable steps to identify partners and seek such transfers. Denial is not allowed unless a court finds the transfer is not in the interests of justice (replaces s.81(3)-(5)).
  • Release planning: You may propose plans and must receive adequate notice of parole reviews or statutory release dates (replaces s.84(1)-(3)).
• Correctional staff and management
  • New duties and limits: You must meet tight timelines for assessments and hospital transfers, seek community transfer options, and end SIU confinement as soon as possible unless a court extends it (amends s.15.1; adds hospital-transfer rule after s.29.01; amends s.37.1; replaces s.33; replaces s.81).
• Courts and oversight bodies
  • Superior courts: You will decide on applications to extend SIU confinement beyond 48 hours and on sentence-reduction applications for unfair administration (replaces s.33; adds Part III.1).
  • Parole Board: You must provide written reasons when departing from community release plans (replaces s.84(4)).

Expenses#

Estimated net cost: Data unavailable.

• No fiscal note or appropriations specified in the bill text. Data unavailable.
• Mandates likely to affect costs, with amounts not stated:
  • Hospital transfers for assessment and treatment when required (amends s.15.1; adds hospital-transfer rule after s.29.01; amends s.37.1). Data unavailable.
  • Court applications for SIU extensions beyond 48 hours (replaces s.33). Data unavailable.
  • Court applications for sentence reduction due to unfair administration (adds Part III.1). Data unavailable.
  • Payments under agreements with Indigenous and community entities for services and custody (replaces s.81(2)). Data unavailable.
  • Increased administrative duties for referrals, notices, and written reasons (amends s.37.1; replaces s.84). Data unavailable.

Proponents' View#

• Stronger safeguards against harmful isolation: Limiting SIU confinement to 48 hours without a superior court order creates independent oversight and requires the least restrictive approach (replaces s.33; purposes in s.32(1)). The preamble notes harm can occur after 48 hours.
• Better mental health care: Mandatory referrals, hospital assessments when no clinician is available, and transfers to hospital for disabling mental health issues aim to provide timely, appropriate care outside prison when needed (amends s.15.1; adds hospital-transfer rule after s.29.01; amends s.37.1).
• Community-led supports: Allowing Indigenous and other community groups to provide services, accept transfers with consent, and craft release plans can tailor supports and reflect cultural needs (replaces s.81; replaces s.84).
• Transparency and accountability: The Parole Board must give written reasons if it does not follow a community release plan, which increases transparency (replaces s.84(4)).
• Real remedies for unfair treatment: A direct path to the sentencing court to reduce incarceration or parole ineligibility addresses unlawful, unreasonable, or discriminatory actions by correctional authorities (adds Part III.1). The 60-day timeline, with judicial discretion to extend, balances access with timeliness (adds Part III.1(2)).

Opponents' View#

• Operational strain and coordination challenges: Required hospital transfers depend on external hospitals and mental health facilities, which may face capacity limits; the bill does not provide resources or timelines for bed availability (amends s.15.1; adds hospital-transfer rule after s.29.01; amends s.37.1). Data unavailable.
• Increased court involvement: Superior court approval for SIU confinement beyond 48 hours and new sentence-reduction applications add judicial steps that could slow operational decisions or increase caseloads; the bill sets no resourcing for courts (replaces s.33; adds Part III.1). Data unavailable.
• Limits on correctional discretion: The Commissioner must seek transfers to community entities and cannot deny a transfer when the person and entity consent unless a court finds it is not in the interests of justice, which may constrain institutional management decisions (replaces s.81(4)-(5)).
• Implementation risk in remote or high-need settings: Meeting 24-hour and 30-day assessment timelines and arranging community transfers may be harder in remote regions or where few qualified providers or partner entities exist; the bill does not include phased implementation or exemptions (amends s.15.1; amends s.37.1; replaces s.81).
• Uncertain costs and funding: Agreements may include payments, but the bill sets no budget, rates, or cost-sharing rules, creating fiscal uncertainty for correctional services and partner organizations (replaces s.81(2)). Data unavailable.