Simon Says

Bringing clarity to the inner workings of our legal system

Can prisoners challenge a penitentiary placement?

Federal prisoners are assessed over several weeks or months after they are transferred to a federal penitentiary. The prisoner’s parole officer then recommends a security classification (minimum, medium, or maximum) and penitentiary to place the prisoner in. The final classification/placement decision is generally made by the Warden.

Before a final decision is made, prisoners are entitled to rebut the recommendations. A prisoner may wish to challenge the recommendation to classify them as medium or maximum security. A prisoner may also wish to challenge the penitentiary placement recommended, for example if the prison is far from the prisoner’s family, there are incompatibles or safety concerns, etc. A prisoner can challenge just their security classification or penitentiary placement, or both.

If a prisoner is unsuccessful with their rebuttal, then a grievance can be filed to challenge the decision. If the decision is upheld in the grievance system, then the next step is to pursue the matter in a judicial review in the Federal Court.

Contact us if you need assistance with a rebuttal, grievance, or judicial review.

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