Human rights-based data collection for inmates in segregation

The ministry is committed to publicly releasing data annually regarding the use of segregation for all individuals in Ontario’s adult correctional system, excluding those on lockdown and to also include the following in the report:

• the duration of time each inmate spent in segregation, including continuous and total days over the last year
• the reason the inmate was placed in segregation
• the number of inmates who had a suicide alert or suicide watch alert

Furthermore, the ministry has disaggregated the data based on:

• individuals with mental health disabilities (including risk of suicide or self-harm) whether identified through mental health alerts, mental health screening and reassessment, or by being reported and confirmed
• gender
• facility/institution
• region

The review also covers human rights-based data and has been disaggregated by gender, race, age and religion or spiritual affiliation.

The 2021 data release on the use of segregation covers the period of April 1, 2020 to March 31, 2021, which aligns with the government’s fiscal year.

Disclosure on data collection method

Segregation is defined by the ministry’s policy as any type of custody where an inmate is highly restricted in movement and has limited meaningful social interaction with others for 22 hours or more a day (excluding circumstances of unscheduled lockdown), which can occur anywhere in an institution. To collect the data, a report was generated through the ministry’s Offender Tracking Information System (OTIS) to identify any individuals recorded as meeting segregation conditions between April 1, 2020 and March 31, 2021.

A record is created each time an inmate meets the conditions of segregation and closed when the inmate no longer meets those conditions. As of October 29, 2019, a break in a segregation placement occurs when an individual is out of segregation conditions for 24 or more continuous hours.

OTIS is an electronic database used to track individuals under the supervision of the ministry and includes demographic, institutional housing and placement history. Individual information is entered into OTIS manually and, due to technological limitations, may be recorded through other means and entered into OTIS at a later time.

The report generated through OTIS identified all individuals with a segregation placement within the identified time period. For these inmates, the report captured:

• the number of placements
• the duration of placements
• reasons for placements
• demographic information
• alerts for mental health concerns, suicide risk and suicide watch

Demographic information entered into OTIS is mainly self-reported or is reliant upon information provided to the ministry by police agencies or the courts and therefore may change over time. OTIS displays the most recent details for an inmate and maintains a record of information previously entered into the system. The report generated for this release captured demographic information that was active at the time of an inmate’s most recent period of supervision.

The information on race and religion or spiritual affiliation extracted from OTIS is aligned with the Anti-Racism Data Standards (ARDS). On August 16, 2020, the ministry implemented changes to the collection of data on Indigenous identity, ethnic origin, race and religion in order to align with the ARDS under the Anti-Racism Act (ARA), 2017. For the purposes of this review, in cases where race-related data had not yet been updated on an inmate’s file, historical information on the inmate’s file prior to August 16, 2020 was used, if available. The implementation of ARDS protocols for data collection part way through the reporting cycle may have resulted in missing or incomplete data and therefore data on race, religion and Indigenous identity should be interpreted with caution for this data release.

OTIS records inmates’ gender as either “male” or “female”. Additional expressions of gender are recorded by a “transgender alert”. Where an inmate has a transgender alert, the gender field in OTIS will reflect the individual’s preferred gender identity and may change over time.

The identification of inmates with mental health conditions is based on the presence of a mental health alert that is recorded in OTIS. Mental health alerts do not indicate a confirmed mental health diagnosis. However, they signal the presence of potential mental health concerns and are the trigger for assessment for appropriate healthcare supports.

All mental health alerts are required to be verified by mental health professionals. Health care staff are required to assess individuals and verify mental health alerts in OTIS within 48 hours of the alert being entered. To capture the potential presence of a mental health concern, the data for this release includes both verified and unverified mental health alerts present on the inmate’s file at the beginning of each segregation placement.

Review of all inmates in segregation between April 1, 2020 and March 31, 2021

In previous years’ reports, inmates with intermittent sentences were reported in a separate section of the report. An intermittent sentence is a custodial sentence that is served during specific recurring days and times, rather than all at once. On March 19, 2020, regulatory amendments were made to allow the ministry to issue Temporary Absence Permits (TAPs) for low-risk, intermittent inmates beyond the 72 hours maximum that was previously in place. As a result of this change and low number of individuals serving intermittent sentences during this reporting period, inmates with an intermittent sentence have been included in the segregation data. The total population numbers and the number of individuals who were held in segregation conditions now include cases where an individual was flagged as having an intermittent sentence.

At the time of this review, approximately 4% of the total inmate population was in segregation conditions on any given day, compared to 5% in the 2020 reporting period. There were 8,219 (29.5%) inmates identified as having at least one placement in segregation between April 1, 2020 and March 31, 2021, out of a total population of 27,903 inmates. Fifty-seven per cent of inmates had a single placement in segregation. In total, there were 22,342 segregation placements during this time period.

An individual’s custodial location may change across placements. As a result, the location in the following tables specific to unique individuals reflects the information on file for the most recent placement during the reporting period. The location specific to placements reflects the information on file at the time of each placement.

Population breakdown

Of the 8,219 inmates who were in segregation between April 1, 2020 and March 31, 2021, 1,044 (13%) identified as female and 7,175 (87%) identified as male. These numbers include 56 inmates who self-identified as transgender during this period. Trans inmates are captured in the dataset based on their gender identity.

Of the overall population in provincial institutions, 32% of females in custody and 29% of males in custody experienced at least one placement in segregation.

Number of placements

There were 4,649 (57%) inmates with a single segregation placement during the time period, while 3,570 (43%) were held in segregation conditions two or more times. The highest number of times an inmate was placed in segregation was 79.

Duration of time spent in segregation

Across all regions, the consecutive length of segregation placements for males ranged from a minimum of one day to a maximum of 83 days. Consecutive placement lengths for females ranged from one to 54 days. The median number of days consecutively spent in segregation was three days for both females and males. The most frequent, or mode, consecutive placement length was one day. These placement lengths include time that was spent in segregation conditions prior to April 1, 2020 if the placement continued into the April 1, 2020 to March 31, 2021 reporting period.

Ministry policy requires that inmates placed in segregation be reviewed within 24 hours, and every five days thereafter. As of November 1, 2019, Ontario introduced regulatory changes that require an independent review of inmates in administrative segregation conditions at least once every five consecutive days. These reviews include considering alternative strategies to remove individuals from segregation conditions and into appropriate and less restrictive conditions as soon as possible. For inmates with mental health conditions, alternatives may only be rejected if there is a significant risk to their own health and safety or the health and safety of others if they are not held in segregation conditions. Inmates in segregation receive a baseline assessment by a nurse upon entering segregation conditions and have their physical and mental health status assessed daily by a member of the health care services team.

Across all regions, the aggregate number of days for segregation placements ranged from a minimum of one day to a maximum of 292 days for males and from a minimum of one day to a maximum of 173 days for females. The overall median aggregate number of days was six, and the most frequent aggregate number of days spent in segregation was two.

Aggregate days are calculated based on the total number of days in segregation during the one-year reporting period. The total number of aggregate days in segregation were counted to March 31, 2021.

Reports of inmates in segregation for 30 continuous days are provided directly to the Assistant Deputy Minister of Institutional Services and the Solicitor General. These reports include additional details about the circumstances of each individual’s segregation placement and the alternatives to segregation considered to the point of undue hardship. This level of detail also applies to the 60-day aggregate reports that go to the Assistant Deputy Minister of Institutional Services.

Reasons for placement in segregation

The ministry’s policy during this time period required that segregation only be considered for an inmate if they:

• need protection such as security or medical concerns
• have requested to be segregated
• pose a security or safety risk to others
• are under medical observation or isolation
• have committed alleged misconduct
• require confinement following misconduct

Throughout a segregation placement, the reason for the placement may change. Of the 22,342 placements, 21,360 (96%) had one associated reason, while 982 (4%) had more than one reason associated with segregation placements. For example, an inmate may be placed in segregation for their own protection and subsequently request to remain in those conditions once approved for release. The most frequent reasons for segregation placement included:

• 6,185 (28%) placements where inmates required protection for medical reasons
• 5,853 (26%) placements where inmates posed a safety or security risk to others due to medical reasons
• 5,292 (24%) occurrences where inmates requested to be placed in segregation

Mental health alerts

A mental health alert is recorded in an inmate’s file by staff including correctional, medical and clinical staff, if the inmate:

• discloses a mental illness
• is showing signs of, or has disclosed thoughts about self-harm or suicide
• is demonstrating behaviour that may suggest a mental illness

The ministry’s policy requires an initial mental health screening to be completed within 48 hours of an inmate being admitted to an institution. All active mental health alerts are required to be verified by mental health professionals within 48 hours of the alert being entered into OTIS. If an inmate screens positive for a possible mental health condition, they are further assessed by health care professionals and may be referred to a psychiatrist or physician. Additionally, inmates are also reassessed for mental health care needs at least once every six months of continuous custody. Mental health professionals are required to add mental health alerts, verify new and existing mental health alerts and expire inactive alerts as appropriate throughout an individual’s stay in custody.

Of the 8,219 inmates identified as being placed in segregation over the period of April 1, 2020 to March 31, 2021, 3,197 (39%) had an active mental health alert on file for at least one of their placements in segregation. Fifty-one per cent of females in segregation and 37% of males in segregation had an active mental health alert on file for at least one of their placements. Of the overall population in provincial institutions, 47.5% of all females in custody and 33% of all males in custody had an active mental health alert on file at any point between April 1, 2020 and March 31, 2021.

Suicide risk alerts

A suicide risk alert is recorded in an inmate’s file when they require enhanced supervision or if they are at risk of posing harm to themselves. Suicide risk alerts are broken down into the following categories:

• enhanced supervision
• previous suicide attempt(s)
• suicide watch

Of the 8,219 inmates covered in the review, 2,147 (26%) had a suicide risk alert on file for at least one of their placements in segregation. There were 24% of females and 26% of males in segregation who had a suicide risk alert on file for at least one of their placements. In comparison, 29.6% of females in the overall custodial population and 25% of males had a suicide risk alert on file at any point between April 1, 2020 and March 31, 2021.

A suicide watch is a type of a suicide risk alert that indicates when an inmate requires increased supervision due to a high risk of suicide or self-harm. Of the 8,219 inmates included in the review, 1,431 (17%) were on suicide watch. Eleven per cent of females in segregation and 18% of males in segregation had a suicide watch alert on file for at least one of their placements. Overall, 29.5% of females and 25% of males in custody had suicide watch alerts on file at any point between April 1, 2020 and March 31, 2021.

Ministry policy requires that an assessment, monitoring and documenting process including frequent in-person checks occur at least once every 10 minutes. Between 7 a.m. and 11 p.m., correctional staff are required to interact verbally with the inmate on an hourly basis.

Demographics

Demographic factors were extracted as they were recorded in OTIS at the time of the most recent supervision period and therefore does not reflect where the information may have changed over time. In cases where data on race and religion had not yet been re-collected as per the changes to data collection implemented on August 16, 2020, the most recent historical information available on the inmate’s file prior to August 16, 2020 was used, if available.

Age

The average age amongst all inmates in segregation at the start of the reporting period was 33 years old.

Race

Due to the August 16, 2020 changes to the collection of race and religion data in OTIS, individuals may report more than one race category. As a result, the total reported race information number exceeds the number of inmates captured in the review. Of the 8,219 inmates covered in the review, 4,479 (54.5%) self-identified as white, 1,089 (13%) self-identified as Black, and 1,049 (13%) self-identified as Indigenous. There were 163 inmates (1.9%) who identified as another race category, 175 (2.1%) as Middle Eastern, 122 (1.5%) as South Asian, 110 (1.3%) identified as East Asian and 95 (1.2%) as Latino. There were 1,114 inmates (13.6%) who did not report this information, or it was unknown.

Religion or spiritual affiliation

Due to the August 16, 2020 changes to the collection of race and religion data in OTIS, individuals may report more than one religious or spiritual affiliation. As a result, the total reported information on religion number exceeds the number of inmates captured in the review. There were 5,243 (64%) inmates covered in the review who did not report a religious or spiritual affiliation or it was unknown, while 1,146 (14%) stated they had no religious or spiritual affiliation, and 1,086 (13%) self-identified as being Christian. There were 293 (3.6%) who self-identified as having Indigenous spirituality and 243 (3%) self-identified as Muslim. Of the remaining inmates, self-identified religions included: 71 (0.9%) Jewish, 41 (0.5%) Buddhist, 28 (0.3%) Sikh and 25 Hindu (0.3%). There were 223 inmates (2.7%) who reported “another religious or spiritual affiliation”.

Further demographic information including race and religion, as identified by the inmate, is available in the addendum.