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Home Information guide to assist victimsFederal Corrections and Conditional Release - 3rd edition Table of contents
The Corrections and Conditional Release Act (CCRA) governs the Correctional Service of Canada (CSC), which is responsible for supervising federal offenders in custody and in the community. It also governs the National Parole Board (NPB), whose members assess the risk of inmates re-offending and decide whether to release them into the community. The CCRA recognizes victims of crime as an important part of the criminal justice system and gives them an opportunity to participate in the federal corrections and conditional release process. It entitles victims who make a request to be provided with certain information about the offender who has harmed them and to be informed about decisions made by the NPB and CSC about that offender. The CCRA also provides victims with opportunities to present information that may contribute to specific key decisions. This booklet provides information about your legal entitlements as a victim of crime, the resulting obligations of both the Correctional Service of Canada and the National Parole Board and the services available to you. It also explains how you can communicate with the NPB or CSC. Finally, general information about an offender’s path through the correctional system after the court has sentenced him/her is provided to help you understand the usual steps that occur. Legal definition of victims of crime The Corrections and Conditional Release Act (CCRA) allows victims to obtain certain information about offenders that would usually be protected by the Privacy Act. The CCRA, therefore, includes definitions of the persons who may be given this information. A victim is defined as someone to whom harm was done or who suffered physical or emotional damage as the result of an offence. When a victim has died, or is unable to act for him/herself (i.e., the person is a child, ill or otherwise incapacitated) the victim’s spouse, relative, common-law partner (provided that the person and the victim were cohabitating at the time of the victim’s death), or anyone who is responsible for the care or support of that person, by law or custody, as well as any dependent of that person, may request and receive information on behalf of the victim. Information can also be released to the person harmed by the offender, whether or not the offender was prosecuted or convicted, if a complaint was made to the police or the Crown. Victims may authorize someone (e.g., a friend, a chaplain) to receive information or notifications on their behalf so long as the victim gives this person written authorization. Federal and provincial/territorial jurisdictions As a general rule, the Correctional Service of Canada is responsible for the administration of sentences for offenders serving two years or more. T he correctional service of the province/territory where the offender was sentenced is responsible for the administration of sentences of less than two years. This booklet provides information for victims of crime who have been harmed by an offender who has received a sentence of two years or more or who is under the jurisdiction of the Correctional Service of Canada or the National Parole Board. The National Parole Board has jurisdiction to grant, deny or revoke the parole of offenders serving less than two years in all provinces and territories, except British Columbia, Ontario and Quebec where there are provincial parole boards. In these three provinces, victims of offenders serving less than two years should contact provincial parole boards for information. For information on offenders serving two years or more, please contact the regional office of the National Parole Board (toll-free) or the Victim Liaison Coordinator at the Correctional Service of Canada’s regional headquarters. A complete list of contacts is included at the end of this booklet. Disclosure of information to victims The Correctional Service of Canada and the National Parole Board do not automatically inform victims about an offender’s case. The law specifies that this information only be given upon request, as some victims prefer not to receive any further information about the offender. The request must clearly identify the offender. Anyone, including a victim or a victim’s family, can ask for basic, publicly available information such as:
Victims may receive additional information that is not usually disclosed to the public. To do so, they must meet the definition set out in the law and request to receive further information (commonly referred to as registering). More information may be released if the Chairperson of the National Parole Board or the Commissioner of the Correctional Service of Canada (or delegated staff) determines that the interest of the victim clearly outweighs any invasion of the offender’s privacy that could result from the disclosure. Such information may include:
Registered victims may also ask to receive ongoing information so they may be informed of changes, such as an offender transfer from one institution to another. If victims want ongoing information, they must ensure that the National Parole Board and Correctional Service of Canada have their current address(es) and telephone number(s). For further information about victim notification, please contact a Regional Communication Officer at your NPB office or CSC Victim Liaison Coordinator. A complete list of contacts is included at the end of this booklet. Information provided by victims The Correctional Service of Canada and the National Parole Board always appreciate receiving information about offenders, safety concerns of the victim or other persons, as well as information about the impact the offence has had on the victim, their family and/or the community. Victims are encouraged to provide Victim Impact Statements, information regarding the physical, emotional or financial impact of the offence, and any other relevant information. Information can be provided to CSC or the NPB for their consideration at any time. Victims may also contact a CSC Victim Liaison Coordinator or NPB Regional Communication Officer to provide information. Their roles and responsibilities include the following:
National Parole Board When making decisions, the National Parole Board considers information from victims that can help to assess whether an offender’s release may pose a risk to society. The NPB is interested in information that will help assess the offender’s understanding of the effect of the offence and whether that person is likely to re-offend. In cases where the NPB must decide whether to detain an offender in custody until the end of the sentence, information about the harm victims have suffered is important. Information from victims is also important when it is directly relevant to assessing the offender’s release plans and the conditions required to manage a particular risk that the offender might present, especially if the offender will be near the victim or is a member of the victim’s family. The NPB may, for example, impose a special condition for the offender not to contact a victim or not to be in the presence of children. Disclosure of information provided by victims The law requires that the National Parole Board and the Correctional Service of Canada disclose to the offender any information that will be considered during the decision-making process. Victims’ personal information, such as their addresses and phone numbers, are NOT shared with offenders. If victims have concerns about the offender knowing that they will be providing information, they must discuss these concerns with the CSC or the NPB. The victim can then decide whether or not they wish to provide information. Attending National Parole Board hearings Hearings are held for most NPB decisions, such as whether to grant, deny or revoke parole. These usually occur in the penitentiary where the offender is held. Anyone can apply to observe a hearing of the National Parole Board. Applications should be made in writing and as early as possible, preferably at least 60 days before the hearing, to permit the security check that the law requires before a visitor can enter a penitentiary. A support person can accompany the victim. Victims should ensure that they apply for their chosen support person to be approved for entry into a penitentiary at least 60 days before the hearing. While it is rare, applications may be refused if security is a concern, space is limited, or the applicant is under 18 years of age. Victims’ Travel Fund Since November 1, 2005, victims of federal offenders can apply for financial assistance to attend National Parole Board hearings of the offender who harmed them. The Policy Centre for Victim Issues at the Department of Justice administers this financial assistance. This new financial assistance covers travel, hotel and meal expenses, in accordance with current Government of Canada Travel Guidelines. In order to receive this financial assistance, victims must be registered with the Correctional Service of Canada or the National Parole Board and must have been approved to attend the hearing of the offender who harmed them. For further information, victims may contact the Victims Fund Manager by calling, toll-free, 1 866 544-1007 from anywhere in Canada or the United States . Statement by victims at National Parole Board hearings Since July 2001, victims are entitled to make an oral statement to the National Parole Board. The statement must be in writing, in English or in French. At the hearing, the victim may read the statement or have a recording of it on audiotape or videotape played if they cannot attend or if they prefer this option. These statements provide victims the opportunity to present information directly to Board members about the continuing impact of the crime and any safety concerns they may have. In order to meet the legal requirements of sharing information about the decision-making process with the offender, the NPB requires the statement in writing thirty (30) days before the hearing or, if translation is required, forty-five (45) days before the hearing date. Given these requirements, the presentation made at the hearing cannot deviate from the written statement that was shared with the offender. A statement should be concise. Victims may choose to present their statement at the beginning of the hearing or towards the end, immediately following the NPB members’ interview with the offender or, if the offender has an assistant, after the concluding remarks of the assistant. A statement should provide information about:
Hearings are held in the official language of the offender. Victims, however, may read their statement in either English or French. The NPB will arrange for the statement to be translated into the language to be used at the hearing. If victims submit their statement in a language other than English or French, the NPB will have it translated. Normally, a victim must be eighteen or older to present a statement in person at a hearing. Exceptions will be considered on a case by case basis. For further information about presenting an oral statement at a National Parole Board hearing, please contact the NPB office nearest you. A complete list of contacts is included at the end of this booklet. Obtaining a copy of a National Parole Board decision National Parole Board decisions made under Part II of the Corrections and Conditional Release Act (CCRA), and the reasons for the decisions, are available from the NPB’s decision registry. These decisions concern conditional release, return to a penitentiary, detention, and the decisions and reasons of the NPB’s Appeal Division. Decisions are only available while the offender is under sentence. Anyone interested in a specific case may make a request in writing to the National Parole Board for a copy of a conditional release decision made after November 1, 1992 . The NPB will withhold information that may jeopardize the safety of someone, reveal a confidential source of information, or adversely affect the return of an offender to society as a law-abiding citizen. Decisions concerning temporary absences and work releases made under Part I of the CCRA are not included in the NPB decision registry. Correctional Service of CanadaThe Correctional Service of Canada has a legal obligation to gather relevant information about offenders from a variety of sources, including the courts and the police. If the victim has filed a Victim Impact Statement at sentencing, CSC is required by law to obtain a copy. This information must be used to:
Victim information is also taken into consideration when CSC makes a recommendation to the National Parole Board as to whether an offender should be granted a conditional release such as parole. In the absence of a Victim Impact Statement and if the victim wishes, a Community Assessment may be completed by a community parole officer. A Community Assessment is a report that captures complete, accurate and quality information that assists in every activity related to the offender’s progress. Moreover, victims may submit written material relevant to the offender’s case to the CSC or the NPB at any time. Victims’ right not to be contacted by inmates The Correctional Service of Canada has a telephone monitoring system that can authorize or prevent communications between inmates and members of the public. Moreover, CSC monitors incoming and outgoing offender mail. Upon request, every effort will be made to prevent an inmate from communicating with victims, or any member of the public, by telephone or mail. Any person who does not wish to be contacted by a federal inmate can ask the Correctional Service of Canada to stop the unwanted communications. Victim-offender mediation Victim-offender mediation is a process that provides victims of crime with the opportunity to safely and confidentially gain information about the crime and the offender, express the full impact of the crime on their lives, get answers to questions they have and achieve a greater sense of closure on some issues. The mediation process is flexible and entirely voluntary. It does not necessarily involve a face-to-face meeting. The pace and extent of involvement is determined by the participants. Interventions can include:
These interventions are not meant for all crime victims nor for all offenders and an assessment is always part of the process. Protocols are in place that are highly sensitive to participant needs and readiness to proceed. There are a variety of victim-offender mediation and dialogue programs in Canada . In the Pacific Region, all mediations are managed through the Victim-Offender Mediation Program (VOMP) operated by the Fraser Region Community Justice Initiatives Association (CJI) in Langley, British Columbia . For the rest of the country, victim-offender mediation is administered through the Restorative Justice and Dispute Resolution Unit, Correctional Service of Canada, who engage the services of individual mediators. Requests for mediation can be made to a Victim Liaison Coordinator at the CSC regional headquarters in your area. Other types of victim input and involvement Some of the ways in which victims have become involved with the National Parole Board and the Correctional Service of Canada include:
National Office for Victims On November 1, 2005, Public Safety and Emergency Preparedness Canada established a National Office for Victims of offenders under federal responsibility. This office enhances existing information services provided directly by the Correctional Service of Canada and the National Parole Board. It is co-located with the Policy Centre for Victim Issues (PCVI) at the Department of Justice. Victims can reach the office by calling, toll-free, 1 866 525-0554from anywhere in Canada or the United States . As has been noted, both CSC and NPB offer a number of services for victims and provide information to registered victims. The National Office for Victims provides a centralized mechanism for them to obtain information and support on federal corrections issues. The Office:
Existing CSC and NPB victim services officers (i.e. Victim Liaison Coordinators and Regional Communication Officers) are the primary source of ongoing information to registered victims. This section describes the stages that an offender is likely to encounter during his or her sentence. It starts with the events immediately following sentencing, reviews the various steps required for an offender to obtain a conditional release in the community, and finishes with the completion of an offender’s sentence. For example, in most cases a sentence of 12 years does not require that the offender remain in the penitentiary for 12 years. However, the offender will be under the supervision of the Correctional Service of Canada for the entire 12 years. The offender’s sentence commencement date (Day one) After an offender has been found guilty, the presiding judge determines the sentence to be imposed and indicates its length. It is not uncommon for an offender to be convicted of several offences at one time. In this situation, the judge may order that sentences be served at the same time (concurrently) or one after the other (consecutively). Transition period from a provincial jail to a federal penitentiary (Up to 15 days) The offender may have been kept in custody before trial or sentencing. If so, this will normally have been in a provincial correctional facility. Other offenders may have been in the community on bail. At the moment a sentence of imprisonment is imposed, the offender will be immediately taken into provincial custody if they are not already. An offender who has just been sentenced to a penitentiary term (two years or more) may remain in a provincial institution for up to 15 days before being transferred into a penitentiary. This 15-day period allows federally sentenced offenders to attend to their personal affairs, including in some cases filing an appeal, before being transferred to a federal penitentiary. During this transitional period, a CSC parole officer meets the offender to conduct a preliminary assessment. The purpose of this assessment is to note any immediate and critical concerns (e.g., suicide risk, security, offender’s physical and mental health), gather relevant information and identify the offender’s community supports. The information that the community supports provide will help correctional staff verify information provided by the offender and identify problem areas that will require attention during the period of incarceration (e.g., substance abuse, family violence). Offender Intake Assessment and correctional planning (Up to 90 days) At the end of the 15 days (or less if the offender agrees), the offender will normally be transferred under guard to the closest federal regional reception centre. A reception centre is a special penitentiary, or part of a penitentiary, dedicated to the assessment of offenders. The offender then undergoes a comprehensive assessment called the Offender Intake Assessment (OIA) within 90 calendar days of the offender’s sentence commencement date, depending upon the length of the sentence. The purpose of the OIA is to:
During the OIA, factors that led the offender into criminal behaviour are identified, as are areas in the offender’s life that, if changed, can reduce the risk of re-offending. The results of the OIA are documented in the Correctional Plan, which will serve as a basis to monitor the offender’s progress throughout the sentence. It outlines and prioritizes the areas that must be addressed to reduce an offender’s likelihood of re-offending and to prepare him or her for safe reintegration into society. Placement in a penitentiary (After 90 days or less) Upon the completion of the Offender Intake Assessment, offenders are transferred to a penitentiary corresponding to their security classification and program needs. Offenders are assigned to an institutional parole officer who will implement the offender’s Correctional Plan, follow-up on their progress and assist them in preparing for their eventual safe reintegration into the community. Offenders must follow their Correctional Plan, which lays out the programs and activities that are required in order to reduce their risk of re-offending upon release. Failing to follow their Correctional Plan, which includes an expectation of positive behaviour in the institution, reduces an offenders’ chances of being granted parole or other conditional releases. Transfers of offenders (Throughout the sentence) At any time during their sentence, offenders may be transferred to higher or lower security institutions to meet their individual security requirements and program needs. Offenders should be serving their sentences at the lowest level of security considered necessary to meet their individual program needs and security requirements. Most offenders will be transferred to lower security institutions during their sentence. Placing offenders in the least restrictive environment while maintaining safety helps the Correctional Service of Canada and the National Parole Board assess the readiness of offenders to safely reintegrate into society. As discussed under Section B, Victims’ rights, Disclosure of information to victims, victims may in some instances be informed where the offender is serving his or her sentence. Daily routine An offender’s day is ruled by the routine of the institution. On an average weekday, an offender has approximately six hours during which he or she might take part in activities. Offenders can be involved in programs, education, institutional employment (i.e., working in the kitchen, institutional maintenance or cleaning), vocational training or the Industrial and Agribusiness Program (CORCAN; see next section, Programs offered to offenders, for details). The following schedule depicts a typical inmate weekday:
In addition to the four formal inmate counts, informal counts take place several times a day, without interruption of activities. The informal counts are compared with the formal counts. During the night, correctional officers continually make their rounds and must ensure that every inmate is in his or her cell. Programs offered to offenders (Throughout the sentence) The Correctional Service of Canada provides a range of correctional programs that respect the gender, ethnic, cultural, spiritual and linguistic differences of offenders. These programs are designed to meet the special needs of women, offenders from Aboriginal and other ethno-cultural groups, and other groups with specific needs. CSC helps offenders work on factors related to their criminal behaviour in order to reduce their chances of re-offending upon release, thereby contributing to public safety. Every offender has a Correctional Plan that defines their individual programming and treatment needs. The plan and the progress of the offender are reviewed regularly, to determine whether the goals are being met, and to identify any change in the offender’s risk to society. CSC has developed numerous treatment programs and makes use of community resources while stressing the importance of continuity between institutional programming and services offered to offenders when the offender is released back into the community. Living skills programming consists of programs to meet the needs of offenders throughout their sentences and prepare them for reintegration into the community. These programs are Reasoning and Rehabilitation, Anger and Emotion Management, Counter-Point and Community Integration. Substance abuse interventions are designed to teach offenders to manage their substance abuse in order to reduce the risk of re-offending. CSC offers high and moderate intensity substance abuse programs in the institution and low intensity in the community. For Aboriginal offenders, the Aboriginal Substance Abuse Program is now well established as a core program. Offenders are provided follow-up, as required, after their completion of the programs. The CSC also offers a comprehensive Women Offender Substance Abuse Program (WOSAP) for women offenders. The intervention on substance abuse with women offenders starts at admission and is offered throughout the sentence, in the institution and the community, until such time as the women no longer need intervention in substance abuse. Sex offender treatment programs focus on identifying the nature and pattern of the offender’s behaviour and provide self-management and control skills to help reduce the risk of re-offending. Institutions provide high, moderate or low intensity programs and maintenance programs. Community programs are either structured (for higher risk individuals) or based on maintenance/relapse prevention. Offenders are placed in these programs based on their risk to re-offend, treatment needs, motivation to participate in treatment and the ability of the program to meet these targets. Violence prevention programs are intensive programs for offenders who are at high risk for violent behaviour. The goal of the programs is to improve participants’ skills to avoid the use of violence to solve problems and to reduce the risk for future violence. A follow-up maintenance program exists to help offenders consolidate and maintain gains and to further refine and apply their personalized plans to prevent violence. The program is not designed to address sexually violent offenders, offenders who have committed family violence, or those who are served by other programs specifically designed for them. Family violence programs target offenders who are abusive in family situations and those who are at risk of becoming abusive. These programs provide information and teach specific skills for reducing the incidence of family violence among the offender population. This involves educational and intervention programming in institutions and the community. Aboriginal programs have been developed to meet the unique needs and rights of both male and female Aboriginal offenders. These correctional programs rely significantly on traditional approaches, spiritual interventions and holistic healing. They integrate traditional Aboriginal healing approaches with effective correctional programming to address needs relating to cognitive skills training, emotions management, violence prevention, sexual offending, domestic violence and substance abuse. However, it should be noted that not all programs are available in all institutions, for a variety of reasons. Women offenders programs address the needs of women offenders. They include:
Ethno-cultural programs ensure that cultural needs or ethnic values, beliefs, learning styles and communication methods of offenders belonging to ethno-cultural minority groups are identified, understood and taken into consideration throughout their sentence. To that end, the programs include cross-cultural and race-relations training, regional/national ethno-cultural advisory committees, and ethno-cultural liaisons with communities through the Internet (www.csc-scc.gc.ca/ethnoculture). To facilitate successful community integration, offenders belonging to ethno-cultural minority groups are provided with tools (i.e. practical guide and list of ethno-cultural businesses and communities) and information on many topics related to living skills. Linguistic services are also offered to offenders who have difficulty speaking English or French. Education programs include adult basic education and secondary, vocational and post-secondary education. They also include programs that help offenders learn employment skills that will increase their chances of finding employment after their release. Offenders may be required to pay part or the full cost of their participation in a post secondary educational program. Industrial and Agribusiness Program (CORCAN) provides offenders with work experiences and training designed to closely copy private sector work environments. Participants manufacture and produce a wide range of industrial and agricultural business commodities, which are marketed to federal, provincial and municipal governments, and non-profit organisations. CORCAN programs also include community-based short-term employment and job placement initiatives. Chaplaincy program helps offenders of many faiths to gather in worship to freely celebrate their rituals and feast days. Each penitentiary has at least two chaplains working closely with offenders and members of the community. Chaplains are required to exercise their ministry in a multi-faith setting, and contracts for chaplaincy services are held with the Roman Catholic, Protestant, Jewish, Muslim, Sikh and Buddhist faith communities. Some offenders may refuse to participate in the above programs. It should be noted, however, that their refusal to participate in these programs could delay their return to the community. For example, the National Parole Board may deny parole to an offender who refused to participate in programs or failed to benefit from treatment and/or correctional interventions. Conditional releases Studies show that offenders who are gradually released into the community using a conditional release process increase their likelihood of becoming law-abiding citizens. Since most offenders will eventually return to the community, the best way to protect the public is to help offenders reintegrate into society through a gradual and supervised release. This section reviews the conditional releases available to the Correctional Service of Canada and the National Parole Board to help offenders safely reintegrate into the community. Temporary absences Temporary absences (escorted or unescorted) are granted for one of the following reasons:
Escorted Temporary Absence Escorted Temporary Absences (ETA) are granted to allow inmates to obtain treatment that is unavailable in a penitentiary, to be with critically ill family members, to attend funerals and to prepare for other types of conditional release. During these absences, an offender is escorted by a Correctional Service of Canada staff member or a trained citizen escort . Inmates are eligible for an ETA at any time during the sentence. The duration of an ETA varies from an unlimited period for medical reasons to not more than 15 days for any other specified reason. Wardens typically authorize ETAs. In certain instances with offenders serving life sentences, National Parole Board approval is required. Unescorted Temporary Absence An Unescorted Temporary Absence (UTA) is a short-term release to the community. Most inmates in the penitentiary system are eligible for UTAs at one-sixth of the sentence or six months into the sentence, whichever is greater. A UTA can be for an unlimited period for medical reasons and for a maximum of 60 days for specific personal development programs. Typically, UTAs last two or three days to allow the offender to visit his or her family. Maximum security offenders are not eligible for UTAs. The National Parole Board, the Commissioner of the Correctional Service of Canada and institutional heads (i.e., w ardens) have authority to grant UTAs in specified circumstances. Public safety is always of paramount importance in these decisions. Work release Work release allows a penitentiary inmate to work for a specified time in the community on a paid or voluntary basis while under supervision. Generally, inmates are eligible for work release when they have served one-sixth of their sentence or six months, whichever is greater. The institutional head has authority to grant a work release of up to a maximum period of 60 days under specified conditions that always include supervision. Correctional authorities grant work release to carefully selected inmates who perform work and services of benefit to the community such as painting, general repairs and maintenance of community centres or homes for the elderly. Work release is one of the first steps in the safe, gradual reintegration of offenders into society. Offenders in maximum security institutions are not eligible for work release. Parole Parole is a form of conditional release that allows some offenders to serve part of their sentence in the community, provided that they abide by certain conditions. Parole is a privilege, not a right. The National Parole Board has discretion as to whether or not to grant parole once an offender has served the amount of the sentence required to become eligible for a review by the NPB. The National Parole Board is an independent administrative tribunal whose members are Governor in Council appointments. Board members are sufficiently diverse in their backgrounds to be able to collectively represent community values and views in performing the work of the NPB. In determining whether to grant parole, Board members carefully review the information provided by victims, the courts, correctional authorities and the offender. In arriving at a decision, the NPB considers a number of factors, but the protection of society is always the paramount consideration. Board members must be satisfied that the offender will not pose an undue risk to the community and will follow specific conditions. Conditions, suspension and revocation When released, all offenders must adhere to certain standard conditions set out in the release certificate (official written authorization to be in the community). Any offender released on parole or statutory release must abide by the following conditions:
The National Parole Board may also impose special conditions to control the offender’s behaviour. These may include curfews, restrictions on movement, prohibitions on drinking, participation in a treatment program and prohibitions on associating with certain people (such as former victims, children or convicted criminals). Victims may want to provide information that would help determine the conditions that are imposed. They can do so by contacting the Correctional Service of Canada or the National Parole Board. The Correctional Service of Canada can take action if it believes the offender is violating release conditions or may commit another crime. It can suspend the release and return the offender directly to prison until the risk is reassessed. Some offenders may remain in prison if the National Parole Board revokes their parole. Others may be released again but under more severe restrictions and after more supervision or community support services are in place. Accelerated parole review Accelerated review provides a streamlined process of review for day parole and full parole for some first-time federal offenders. The National Parole Board must, by law, release the offender under day parole at six months or one-sixth of the sentence, whichever is longer. The NPB must release the offender under full parole at one-third of the sentence, unless it has reasonable grounds to believe the offender will commit a violent offence before the end of his or her sentence. It is important to note that not all first-time offenders are eligible for accelerated review. For example, offenders are not eligible if they have committed a violent offence, a serious drug offence or an offence involving organized crime where the court has set parole eligibility at one-half of the sentence. Moreover, any offender whose day parole has been revoked is not eligible for accelerated parole review. Day parole Day parole allows offenders to participate in community-based activities to prepare for release on full parole or statutory release. Offenders on day parole must return nightly to an institution or a halfway house unless otherwise authorized by the National Parole Board. The eligibility date for review for day parole is also earlier than for full parole. Most federal inmates are eligible for day parole at either six months into the sentence or six months before full parole eligibility, whichever is later. Day parole is normally granted for up to a maximum of six months. Those serving a life sentence (for first and second degree murder) and dangerous offenders (see Special eligibility section below) are eligible for day parole three years before their full parole eligibility date. Full parole Full parole is a conditional release that allows offenders to serve the remainder of their sentence in the community. Under this form of release, an offender may live with his or her family, work and contribute to society. Although no longer required to return to the institution, the offender remains under supervision and must continue to abide by certain conditions. Generally, an inmate serving a definite sentence is eligible for full parole at one-third of the sentence or seven years, whichever is less. Statutory release By law, offenders who are not considered likely to commit a serious offence (see Detention below) must be released after serving two thirds of their sentence. The National Parole Board may add conditions to those imposed on all offenders in order to protect society and to assist the offender in beginning a new life. In certain cases, the NPB can also impose a residency condition in a community-based residential facility. CSC parole officers supervise these offenders in the community like all others on conditional release. Not all inmates are entitled to statutory release. For example, those serving a life sentence and dangerous offenders (see Special eligibility section below) are excluded from this type of conditional release. Detention Upon a referral by the Correctional Service of Canada, the National Parole Board may order that an offender be detained beyond his or her statutory release date and to the expiry of his/her sentence. The NPB must be convinced that if the offender is released in the community, he or she is likely to commit an offence causing death or serious harm, a sexual offence involving a child, or a serious drug offence before the end of the sentence. Long term offender designation An offender designated by the courts as a long term offender at a special sentencing hearing will be sentenced to a penitentiary sentence and an additional period of long term community supervision up to a maximum of ten years. For example, a court can impose long-term supervision on offenders convicted of specific sexual offences where, in the court’s judgement, the risk presented by the offender can be managed in the community through appropriate supervision. Every long term offender who is in the community is subject to standard conditions. However, the National Parole Board can add special conditions to ensure close supervision of the offender, such as mandatory participation in counselling. The Correctional Service of Canada provides the community supervision. Special eligibility Life imprisonment for murder Eligibility dates vary considerably for offenders sentenced to life imprisonment as a minimum sentence before July 26, 1976 . Since then, when the law was changed, the two categories of murder (first and second degree) carry with them specific parole eligibility dates:
These offenders become eligible for unescorted temporary absences and day parole three years before their full parole eligibility date. An offender may apply for escorted temporary absences after admission to a federal institution. After the eligibility periods have elapsed, if the National Parole Board considers that the offender will not pose an undue risk to the community, the NPB may grant him or her some form of conditional release and, if these are successful, eventually full parole. Should the offender continue to pose an undue risk to society, he or she will remain in federal custody to serve the life sentence. Offenders who are paroled while serving life sentences remain on parole for life unless parole is revoked and they are returned to a penitentiary. Without a grant of parole, the offender remains imprisoned for life. Judicial review After serving 15 years, most offenders given a life sentence with a parole eligibility date of greater than 15 years may apply to the courts to have the eligibility date reduced under Section 745.6 of the Criminal Code (Judicial Review). Changes introduced in 1997 exclude offenders who have been convicted of more than one murder from making an application for review of their parole ineligibility period. If a unanimous jury, sitting in the province where the offender was convicted, find there is enough evidence that the offender has been sufficiently rehabilitated to justify allowing consideration for conditional release, the offender’s parole eligibility dates may be lowered. A victim may provide information at a judicial review hearing either orally or in writing. If the offender’s parole eligibility date is lowered, the decision to grant or deny a conditional release remains with the National Parole Board. Dangerous offenders Part XXIV of the Criminal Code sets out an exceptional procedure to have an offender declared to be a dangerous offender and sentenced to an indeterminate sentence of imprisonment (no set date for release). The dangerous offender provisions in the Criminal Code were amended in August 1997. Before August 1, 1997, dangerous offenders were subject to either an indeterminate sentence or incarceration for a fixed period; the first parole review occurred three years into the sentence, with subsequent reviews every two years. Since the 1997 amendments, the court must impose an indeterminate sentence, with the first parole review at seven years; subsequent reviews occur every two years. Under the Criminal Code, this sentence is available only for certain offences, such as serious personal injury offences. In considering whether to declare an accused a “dangerous offender”, the court examines whether the evidence establishes: (1) a pattern of repetitive or aggressive behaviour such that the accused constitutes a threat to the safety of the public; or (2) that the accused has shown a failure to control his or her sexual impulses and will likely cause injury or pain to other persons . The National Parole Board decides whether, and under what conditions, the offender will ever be released. Gradually releasing offenders from prison and helping them adjust to life beyond prison walls is called community corrections. Such work is essential because experience and studies show that most offenders are more likely to become law-abiding citizens if they participate in a program of gradual, supervised release. Supervision, programming and community involvement Supervision is the direct monitoring of offenders. Except for most Temporary Absences or Work Releases, the National Parole Board makes the decision to release the offender and the Correctional Service of Canada supervises the offender. Supervision is carried out mainly by parole officers employed by CSC and sometimes by agencies under contract, such as the John Howard Society, the Elizabeth Fry Society or the Salvation Army. All offenders on conditional release are supervised no matter where they live – whether in the city or remote parts of the country. The degree of supervision will depend on the individual. Some offenders may require closer monitoring and more frequent contact than others. Offenders who are considered to be a higher risk to society will require close monitoring and more frequent contacts. Those who are lower risk require less. In monitoring offenders, correctional staff rely on many sources of information – police, families, program staff, employers, victims and others. By being aware of the offender’s situation, correctional staff can help ensure that he or she stays on track. They can take action when the offender breaks rules, or they can help solve problems that could, if not addressed, lead to a new crime. Research shows that supervision alone does not help offenders change. Supervision along with good programming does. Offenders on community releases, therefore, may be expected to participate in programs tailored to their needs. Some programs help them cope with daily living, relationships and emotions. Some offenders upgrade educational or employment skills. Some deal with specific issues such as sexual offences and alcohol or drug abuse. Programs in the community build on the gains that the offender has already made by taking part in programs when they were imprisoned. Agencies and individuals in the community also deliver programs or add to program activities. They act as counsellors, role models and support networks. In addition, community involvement also demonstrates the community’s willingness to accept those offenders who reform themselves. Offenders’ success in starting afresh depends partly on their own efforts and partly on the opportunities the community at large provides. CSC also has a national approach on Aboriginal corrections that includes several initiatives:
Key players in community corrections Parole office The Correctional Service of Canada operates 70 local parole offices, each responsible for a specific geographical area and the management of offenders within it. An office normally consists of a director, parole officers and support staff. Together with community networks, the local office works to assess offenders, assist offenders through programs, and ensure that the level of supervision is appropriate to the risks and needs presented by each case. The local parole office is the base from which most of community corrections take place. Community-based residential facilities A community-based residential facility is a halfway house owned and operated either by a non-governmental agency or by the Correctional Service of Canada. Each agency-owned facility contracts with CSC to provide accommodation, counselling and supervision for 15 to 30 offenders who are usually on day parole or statutory release with residency. The contract sets out detailed requirements for levels of control and assistance. There are about 200 such facilities under contract each year. In addition, CSC operates 16 of its own community-based residential facilities, which are referred to as Community Correctional Centres (CCCs). In these centres, the director, parole officers and support staff work as a team, often in cooperation with community partners, to supervise and provide programs for offenders on day parole, statutory release with residency and long-term supervision orders. Parole officers The parole officer is the key link to supervised offenders in the community and is crucial to managing offender risk. The job is part police officer, part social worker. Parole officers must be flexible, enforcing strict controls in some cases and acting as counsellors in others, depending on each offender’s needs. Parole supervision is based on a professional relationship with each offender and on a study of the risk factors that contribute to the individual’s criminal behaviour. The parole officer ensures the offender follows his or her Correctional Plan by:
If the offender breaches parole conditions or seems likely to do so, the parole officer can take disciplinary measures, which may include taking the necessary steps to send that person back to jail. Parole officers are guided in their work by rules and standards. Parole officers routinely write reports on the progress of each offender and discuss cases that require additional attention with their supervisors. Officers work together with many community agencies to help secure stable housing, employment, income and positive personal contacts. On average, each parole officer is responsible for 15 to 20 offenders. The caseload may be lower if the offenders require intensive supervision or live in remote areas. Community networks The skills, resources and experiences of many different people are needed to deal with offenders’ complex problems and needs. The Correctional Service of Canada, therefore, draws upon a broad range of organizations and individuals – family members, psychologists, employment counsellors, educators and others – to assist in community correctional work. Such community networks contribute to both supervision and support. The needs of Aboriginal offenders in the community are met by Aboriginal Community Liaison Officers and Aboriginal Community Development Officers. These officers, who work with established communities and Elders, are often located in parole offices. In some cases, volunteers can play an important role in correctional efforts. They enrich and supplement supervision by establishing positive relationships with offenders, helping them to socialize and providing links to the community. In some parts of the country – usually remote areas – volunteers are used extensively to complement the work of parole officers. Correctional Service of Canada
National Parole Board National Office Victims may also contact the NPB toll-free at 1 866 789-INFO (4636). This number will connect them with the regional office within their area code. They may also call their specific region directly at the toll-free numbers below. Atlantic Region Québec Region Ontario Region (Nunavut) Prairies Region – Saskatoon Office Prairies Region – Edmonton Office (Alberta and NWT) Pacific Region Department of Justice Canada Policy Centre for Victim Issues Public Safety and Emergency Preparedness Canada National Office for Victims Provincial/territorial victim services offices Yukon British Columbia Crime Victims Assistance Program Alberta Manager, Victims’ Programs Manager, Victims Financial Benefits and Administration Northwest Territories Saskatchewan Manitoba Manager, Court Service for Victims Ontario Victim/Witness Assistance Program Nunavut Québec New Brunswick Prince Edward Island Nova Scotia Newfoundland and Labrador Provincial Manager Victims Services Department of Justice P.O. Box 8700 315 Duckworth Street St. John’s, Newfoundland A1B 4J6 Phone: (709) 729-0900 |