Limit Prison Isolation, Expand Community Corrections

Summary#

This bill changes the federal Corrections and Conditional Release Act to curb isolation in prisons, strengthen court oversight, expand community-led corrections options, and create a remedy when sentence administration is unfair. It narrows when and how long people can be kept in “structured intervention units” (SIUs) and requires hospital care for people with disabling mental health issues. It also lets community and Indigenous groups provide correctional services under agreements and gives courts power to reduce a sentence if Correctional Service of Canada (CSC) actions were unfair.

• Limits SIU confinement beyond 48 hours unless a superior court approves it (Clause 5).
• Requires mental health assessments on entry to prison and soon after SIU transfer; if CSC lacks clinicians, the person must be sent to a hospital for assessment (Clauses 2, 6).
• Requires transfer to a hospital when an assessment finds disabling mental health issues (new “Transfers to hospital” section; Clause 4).
• Broadens who can deliver correctional services and receive transfers from CSC, including groups serving disadvantaged or minority populations, with payment authorized by the Minister (Clause 8).
• Requires CSC and the Parole Board to consider and respond to community release plans, with written reasons if they disagree (Clause 10).
• Lets courts reduce incarceration or parole ineligibility if the sentence was administered unfairly by CSC (Clause 11).

What it means for you#

• Households and families

  • If your relative is in a federal prison, they must be referred for a mental health assessment within 30 days of arrival and within 24 hours of any SIU placement; if CSC has no qualified clinician, they must be transferred to a hospital for assessment (Clauses 2, 6).
  • If an assessment finds disabling mental health issues, CSC must transfer them to a hospital for care under an agreement (Clause 4).
  • If they face unfair administration of their sentence, they may ask the original court to reduce incarceration or parole ineligibility; applications are due within 60 days of key events, unless the court allows more time (Clause 11).

• People in federal custody

  • SIU confinement (segregation-like conditions) cannot exceed 48 hours unless a superior court orders more time for legally defined safety reasons (Clauses 4, 5; referencing subsection 32(1)).
  • You can ask for support from Indigenous, community, or minority-serving groups for release planning; those groups can propose a plan, and the Parole Board must give written reasons if it declines it (Clause 10).
  • You may be transferred to the custody of an Indigenous or community entity if both you and the entity consent; CSC cannot refuse unless a court finds the transfer is not in the interests of justice (Clause 8).

• Indigenous, community, and minority-serving organizations

  • You can enter agreements to deliver correctional services, receive transfers of people from federal custody, and be paid for services (Clause 8).
  • You may propose release and reintegration plans and will receive notice of parole reviews or statutory release dates when involved; the Parole Board must give written reasons if it does not follow your plan (Clause 10).

• Correctional Service of Canada and staff

  • Must refer people for mental health assessments on intake and after SIU placement, arrange hospital transfers when required, and apply to court to keep someone in an SIU beyond 48 hours (Clauses 2, 4, 5, 6).
  • Must identify potential Indigenous and community partners, seek transfers to them where agreements exist, and cannot deny a consented transfer unless a court rules it is not in the interests of justice (Clause 8).
  • Must notify entities involved in release plans and manage information-sharing and timelines; Parole Board must provide written reasons when not following a plan (Clause 10).

• Provinces/territories and hospitals

  • May see more transfers from federal prisons to hospitals or mental health facilities for assessments and treatment, under intergovernmental agreements (Clauses 2, 4, 6).
  • Capacity and coordination will depend on agreements under paragraph 16(1)(a) of the Act (Clauses 2, 4, 6).

• Courts and Parole Board of Canada

  • Courts will review CSC applications to extend SIU confinement beyond 48 hours and hear applications to reduce sentences due to unfair administration (Clauses 5, 11).
  • The Parole Board must provide written reasons when its decision departs from a community or Indigenous release plan (Clause 10).

Expenses#

• Estimated net cost: Data unavailable.

• Key points from the bill text

  • No explicit dollar appropriations or revenue measures are set out. Data unavailable.
  • The Minister is authorized to pay for services provided under new or expanded agreements with Indigenous and community entities (Clause 8(2)).
  • New mandated activities likely to require resources include:
    • More mental health assessments and hospital transfers when CSC lacks clinicians or when disabling mental health issues are found (Clauses 2, 4, 6).
    • Court applications for SIU confinement beyond 48 hours (Clause 5).
    • Identification of community partners, transfer processes, and added parole notice and reasons requirements (Clauses 8, 10).
  • No official fiscal note identified. Data unavailable.

Proponents' View#

• Reduces harmful isolation by capping SIU stays at 48 hours without a court order, responding to documented harms from isolation after as few as 48 hours (Preamble; Clause 5).
• Ensures people with disabling mental health issues receive hospital-level care rather than isolation in prison (Clause 4).
• Adds independent oversight: a judge must approve SIU confinement beyond 48 hours, and courts can reduce sentences when CSC administers them unfairly (Clauses 5, 11).
• Expands culturally appropriate, community-led services and custody options for Indigenous peoples and other disadvantaged or minority populations, with funding authority to support them (Clause 8).
• Increases transparency and accountability: community entities can propose release plans, and the Parole Board must give written reasons when it departs from those plans (Clause 10).

Opponents' View#

• Operational strain and safety risk: a 48-hour cap may be too short in complex or violent cases, forcing frequent court applications and potentially reducing tools to manage immediate risks (Clause 5).
• Capacity concerns: mandatory hospital transfers for assessments and treatment could burden provincial hospitals and require new agreements; availability of beds and clinicians is uncertain (Clauses 2, 4, 6).
• Reduced CSC discretion: CSC must seek transfers to community entities and cannot deny a consented transfer unless a court finds it not in the interests of justice, which may complicate security and placement decisions (Clause 8).
• Litigation and workload: a new court remedy to reduce sentences for administrative unfairness may increase court caseload and create uncertainty about finality of sentences, despite the 60-day filing guideline (Clause 11).
• Cost risks without estimates: expanded assessments, hospital care, court processes, and funded community agreements could raise costs, but the bill provides no fiscal limits or projections. Data unavailable.