5. Statutory Release

Legislative references

The Corrections and Conditional Release Act, sections 127, 128, 131(3), 133 and CCRA Regulations 161, and 162.

Special conditions with respect to statutory release

The National Parole Board may impose any condition in addition to the conditions prescribed in the Regulations on the statutory release of an offender that it considers reasonable and necessary in order to protect society and to facilitate the successful reintegration into society of the offender. (Ss.133.(3))

Imposing a residency condition on statutory release

The authority to impose a residency condition on offenders who have reached their statutory release date is intended to enhance the control and management of risk of certain offenders where the Board is satisfied that, in the absence of such a condition, the offender will present an undue risk to society by committing an offence listed in Schedule I before sentence expiry.

Imposing a residency condition on statutory release is regarded as an exceptional provision that will only be used by the Board when a period of controlled re-entry into the community is deemed by the Board to be essential to support the offender and protect the public. The condition may also be imposed during the statutory release period if the behaviour of the offender while on statutory release leads to a determination that without this condition the offender presents an undue risk to commit a Schedule I offence before the expiration of the sentence.

The Board, when rendering a decision to impose a residency condition, will take into consideration any representations made by or on behalf of the offender.

This condition will normally be imposed following referral from the Correctional Service of Canada. In an exceptional case, the Board may consider imposition without a CSC referral. In this circumstance, CSC will be asked to identify an appropriate facility and to provide comments on the proposed use of this condition. Should space in an appropriate facility not be available when this condition has been imposed, the offender would be released at statutory release date.

BOARD REVIEW - PRE-RELEASE HEARING

Pre-release reviews to impose a residency condition on statutory release will be conducted by way of a hearing prior to the statutory release date of the offender, unless the offender waives the hearing.

Exception

If a case is referred to the Board to impose a special condition within 45 days before the statutory release date, a review to impose a residency condition may be conducted without a hearing.

When the review to impose a residency condition is conducted without a hearing, the offender will be notified in writing of the right to, within 30 days of being notified of the decision, request a review of the decision by way of a hearing or a review of the decision in the absence of a hearing but taking into consideration any written representations made by or on behalf of the offender.

The review should occur, as soon as practical but not later than 90 days following receipt of the request.

BOARD REVIEW - POST-RELEASE HEARING

Post-release reviews to impose a residency condition on statutory release will be conducted by way of a hearing, unless the offender waives the hearing.

Exception

In urgent situations where the risk of the offender has changed it may be necessary for the Board to impose a residency condition without a hearing.

When the review to impose a residency condition is conducted without a hearing, the offender will be notified in writing, of the right to, within 30 days of being notified of the decision, request a review of the decision by way of a hearing or a review of the decision in the absence of a hearing but taking into consideration any written representations made by or on behalf of the offender.

The review should occur, as soon as practical but not later than 90 days following receipt of the request from the offender.

QUORUM

A review to impose, remove or vary a residency condition on statutory release will be made by two members of the Board.

POST-RELEASE HEARINGS AND NEW STATUTORY RELEASE DATE WITHIN 6 MONTHS

In post-release hearings where the Board decides to revoke a release or confirm a revocation, that results in a new projected statutory release date within 6 months of the hearing, the Board will address the issue of conditions, including residency on the new statutory release.

FACTORS FOR ASSESSING THE RISK OF COMMITTING A VIOLENT OFFENCE

• the offender's potential for violent behaviour as established on the basis of


1. previous violent behaviour as documented in the offence history, provincial and young offender records, police reports of the circumstances surrounding the offence(s);


2. the seriousness of previous offenses;


3. reliable information that the offender has difficulty controlling anger or impulsive behaviour, to the point that it might lead to the commission of an offence involving violence. This information may be obtained from community assessments which have examined a full range of variables including the offender's family and marital history, social history, medical and psychiatric history such as evidence of substance abuse, employment history and institutional performance including any special incidents;


4. evidence of threats of violence;


5. use of weapons during the commission of an offence; and


6. attitude of indifference to the criminal behaviour and its impact on the victim(s);


• stressors/factors in the release environment which may be predictive of violent behaviour and the offender's needs in relation to these factors;


• psychiatric or psychological evidence that a mental illness or disorder of the offender has the potential to lead the offender to commit, prior to the expiration of the sentence, an offence involving violence; and


• information about any attempts by the offender to reduce/mitigate the possibility of future violent behaviour and evidence that the offender recognizes the problem and is participating or intends to participate in treatment or interventions such as participation in anger management programs.

DECISION TO IMPOSE A RESIDENCY CONDITION

• an assessment from correctional staff that the offender is considered as a high/risk- high/need or high/risk-medium/need offender;


• accommodation is identified as a need area and a residency condition is viewed by correctional staff as a requirement to address the need;


• documentation indicating that the offender would likely benefit from a period of additional control as is provided by a residential facility;


• the availability of bed-space in a suitable residential facility is confirmed.

DURATION OF A CONDITION TO RESIDE

A residency condition on statutory release must remain in effect for ONLY as long as it is reasonable and necessary for public safety and to facilitate the successful reintegration of the offender.

Board members must keep in mind that it is difficult to know at the time of imposing the residency condition how long the condition will be necessary, but that there can also be negative implications for reintegration and public safety if the offender believes that the condition will necessarily remain in effect until warrant expiry.

It is not practical to establish in policy a time frame that will apply in every case - each case must be assessed and evaluated individually.

If a definite period for the residency condition is not stipulated in the decision, the condition will remain in place until warrant expiry. It is expected, however, that CSC will request removal of the condition when the parole supervisor is satisfied that, in the absence of the condition, the offender no longer presents an undue risk to commit an offence listed in Schedule I.