3. Temporary Absence

3.1 - Unescorted Temporary Absence

Legislative references

Corrections and Conditional Release Act , sections 107(1)(e), and 115 to 118, and Regulations, sections 147, 148, 155, 156, 161(2), 162, and 164.

Decision-making criteria and factors

When reviewing a request for an unescorted temporary absence (UTA), the Board will conduct the assessment and analysis of all relevant aspects of the case described in the policy on Assessment for Pre-Release Decisions - Decision-Making Criteria and Process (2.1).

PERSONAL DEVELOPMENT FOR REHABILITATIVE PURPOSES

An unescorted temporary absence for a specific personal development program authorized for periods of up to 60 consecutive days (ss. 116(6) of the CCRA), may include one or more outings per week and a specific number of hours per outing. These UTAs may include, but are not limited to, activities involving attendance/participation in:

• a substance abuse treatment program;


• Alcoholics Anonymous/Narcotics Anonymous meetings;


• a sex offender treatment program;


• general or specialized education programs;


• technical training programs; or


• family violence counselling sessions.

The UTAs must be renewed by way of a review for each additional period of 60 days. In doing this review, Board members should consider the offender’s progress over the previous 60-day period and whether or not the offender will present an undue risk to society during the absence.

When reviewing UTAs such as this for offenders for whom day parole eligibility has passed, Board members may consider the benefits of granting a day parole in stages that could serve the same purpose as the UTA. For example, a day parole program could begin under highly structured, controlled circumstances and the offender would progress as stages are successfully completed.

ASSESSMENT PURPOSES

When the Board is considering a request for an unescorted temporary absence for assessment reasons, consideration of the purpose of the absence is needed.

• Absence for a relatively brief, specific purpose, such as for acceptance at a half-way house, may be considered for administrative purposes.
  
• Absence for investigating or participating in activities such as therapy, Alcoholics Anonymous/Narcotics Anonymous groups or other support groups which provide positive and continuing support and influence of a rehabilitative nature for the offender, may be considered as personal development for rehabilitative purposes.

GROUP ACTIVITIES

For group activities, the Board will review and assess the case of each offender.

SUPERVISION

When the Board authorizes an unescorted temporary absence, it does so with the understanding that the Correctional Service of Canada will ensure sufficient contact between the offender and the parole supervisor so that any increase in risk to the community will be monitored effectively.

Further conditional releases

The fact that a temporary absence has been authorized carries no commitment that additional absences will be authorized or that day parole or full parole will be granted.

Period in custody between UTAs

A minimum period of 24 hours in custody is required between all types of unescorted temporary absence except when the subsequent unescorted temporary absence is required for medical or compassionate reasons.

Delegation of UTA authority to Institutional Heads

The Board confers on all institutional heads the power to authorize the unescorted temporary absence for medical reasons, for all offenders serving

• a life sentence imposed as a minimum punishment or commuted from a sentence of death,


• a sentence for an indeterminate period, or


• a sentence for an offence set out in Schedule I or II.

The Board confers on all institutional heads the power to authorize the unescorted absence for

• all offenders serving a sentence for an offence on Schedule II, and


• offenders serving a sentence for an offence on Schedule I, except where the offence:


• resulted in the death of, or serious harm to, the victim, or


• is a sexual offence involving a child, as defined in subsection 129(9) of the Corrections and Conditional Release Act.

Cross reference

Policy on Assessment for Pre-Release Decisions - Decision-Making Criteria and Process (2.1).

Implementation date

2006-05-31

3.2 - Escorted Temporary Absence - Offenders Serving Life or Indeterminate Sentences

Legislative references

Corrections and Conditional Release Act, section 17, the Criminal Code, section 746.1, and CCRA Regulations, sections 147 and 155

National Parole Board interventions

The Correctional Service of Canada has the legislative authority, pursuant to section 17 of the Act, to authorize escorted temporary absences (ETA) for offenders serving a life or indeterminate sentence. The authorization may be subject to the Board's approval as described below.

Approval

Section 746.1 of the Criminal Code stipulates that, except with the approval  of the NPB, no absence with escort (other than for medical reasons or to attend judicial proceedings or a coroner's inquest) may be authorized for an offender sentenced to life minimum, where the offender has more that 3 years to serve before PED.

Decision-making criteria

An escorted temporary absence may be approved by Board members when they believe that the criteria set out in Subsection 17(1) are met. As well, Board members should apply the risk assessment criteria for pre-release decisions described in 2.1 of this manual.

Group activities

For group activities, the Board will review and assess the case of each offender.

Escorts

Board members must be aware of the nature of the escort before approving an escorted temporary absence.

Cross reference

Policy on Risk assessment for pre-release decisions: Decision-making criteria and process (2.1)

Implementation date

2001-04-23