7. Release Conditions

7.1 - Release Conditions

Legislative reference

Corrections and Conditional Release Act, sections 133 and 134, and Regulations, section 161.

Purpose

This policy provides guidance to Board members for imposing and altering release conditions.

Special conditions

GENERAL

A special condition should be imposed only when the condition is considered appropriate for risk management and only when the condition is reasonable and necessary to prevent the offender from returning to criminal activity.

Board members must be satisfied that without the assistance and control afforded by compliance with the special condition, the offender presents an undue risk to reoffend. There must be a clear link between the condition and the probability of reoffending if the condition is violated.

A special condition must relate directly to a need identified in the decision documentation or to behaviour that the Board members consider inappropriate or unacceptable. The condition must be one that can be complied with and that can be monitored and enforced by the parole supervisor.

Board members must be cognizant of and sensitive to the needs and circumstances of aboriginal and female offenders and offenders from other cultures when contemplating imposing conditions for these offenders.

Each condition must be stated clearly and explicitly using wording that specifies the intent of the Board members so that there can be no misinterpretation or misunderstanding. Wording such as “at the discretion of the parole supervisor” is inappropriate as it delegates to the parole supervisor the authority to impose the condition.

The offender has the right to make representations to the Board whenever a condition is varied or imposed by the Board. A report will be requested to obtain the views of the parole supervisor before reviewing any offender request to amend a condition of release.

IMMEDIATE RISK TO THE COMMUNITY

In situations where there is immediate risk to the community, the Board may impose a special condition without delay. The offender will be notified in writing of the right to, within 30 days of being notified of the imposition of the condition, request a review to consider any written representations made by or on behalf of the offender. This review should occur, as soon as possible, but not later than 30 days following receipt of the representations.

FACTORS TO CONSIDER WHEN IMPOSING OR VARYING SPECIAL CONDITIONS

If the Board imposes or varies a special condition when the offender is in the community, it should be based on triggering behaviour that relates to an increase in the level of risk to the community since the offender’s release.

In its review of a case, Board members will consider any relevant factor, including:

• the offender’s progress while on release;


• the degree of stability in the offender’s release plan or current situation;


• the presence of stresses which might affect future behaviour; and


• evidence that the offender has addressed the major factors for which the condition has been imposed.

Post-release

The Board should remove or vary a special condition when the condition or part of the condition is no longer reasonable and necessary in order to protect society and to facilitate the offender’s reintegration into society.

Violation of a special condition

Violation of a special condition is considered to be indicative that the risk is becoming unacceptable and should result in immediate intervention by the supervising authority.

Altering conditions prescribed by the regulations

Although the Board may vary the application of how any condition prescribed by the regulations applies to an offender, under no circumstances will the Board relieve an offender from compliance with any of the following conditions:

• obey the law and keep the peace;
  
• report to the parole supervisor as instructed by the parole supervisor; and
  
• immediately report to the parole supervisor any change in the address of residence.

The Board expects the parole supervisor to maintain sufficient contact with the offender so that an increase in the level of risk to the community may be monitored effectively.

Out-of-country travel

GENERAL

Offenders on conditional release are required, as a condition of release, to remain at all times in Canada. Nevertheless, an offender may request that the Board authorize a temporary exemption to this condition, in order to allow the offender to travel outside of Canada.

Normally, if an offender is out of the country, the offender cannot benefit from the usual monitoring and support offered through the parole supervision process. As a result, prior to approving any request for out-of-Canada travel, an assessment must be completed in order to determine any issues related to public safety associated with the travel.

CRITERIA FOR REVIEW OF OUT-OF-COUNTRY TRAVEL

When reviewing requests for out-of-country travel, Board members will take into consideration any factor that is relevant in determining whether the travel might result in any increase in risk, including, but not limited to:

• written confirmation from authorities that the country of destination does not object to the offender visiting that country;


• information from CSC concerning the purpose, details and necessity of the travel, including the length of time the offender will be outside of Canada and the availability of collateral contacts in the destination country;


• the consistency with the correctional plan of the offender and any recommendation of the parole supervisor;


• the nature of the offender’s criminal history, any police opinion and for offenders associated with members of organized crime, any comments submitted by the Security Division, CSC, NHQ; and


• progress on current and previous releases, including length of time on the current release and the proximity to the warrant expiry date.

Decisions documentation

The reasons for imposing, removing or varying a special condition, or relieving or varying the application of a condition prescribed by the Regulations must be clearly stated in the decision. The Board must also outline what it expects of the offender.

The written reasons for imposing a special condition must reflect the rationale for imposing the condition and why it is considered reasonable and necessary to prevent an offender from returning to criminal activity.

Cross Reference

NPB Policy Manual:

5.0 Statutory Release

7.2 Residency and day parole leave privileges

8.1 Post Release Interventions

Implementation Date

2006-05-31

7.2 - Residency and Day Parole Leave Privileges

The Board is responsible for establishing the parameter of leave privileges to be associated with an approved day parole, or parole or statutory release that is subject to a residency condition. It entrusts to those who are responsible for the day-to-day supervision and care of these offenders, the manner in which the leave privileges will be implemented.

Normally, the maximum leave privileges that will be authorized by the Board are as outlined below. Board members will specify in their decision any case specific leave privileges other than these.

The institutional head, the director of the residential facility or the CSC District Director, as the case may be and in conjunction with the parole supervisor, will determine how and when the Board authorized leave privileges are to be implemented. The determination will take into consideration the offender’s progress in achieving the objectives of the release in relation to the correctional plan. Additional leave privileges may not be granted unless approved in writing by the Board.

Weekday

Setting of time limits for return to a residence on a weekday is subject to the discretion of the superintendent of the community correctional centre (CCC), the director of the community residential facility (CRF), or the responsible CSC District Director.

Weekend

• CSC institutions

The District Director, Parole, in consultation with the institutional head, may implement the leave privileges within the context of the release plan approved by the Board and in relation to the general progress of the offender. As a maximum, one weekend may be granted each month; however, the first cannot be implemented until at least thirty days after the implementation of the release.

• CCCs and institutions under provincial or territorial jurisdiction

The superintendent, the District Director or responsible person in CSC Parole may implement the weekend leave privileges in accordance with the release plan approved by the Board and in relation to the offender's progress. Seventy-two hour weekend passes (Friday to Monday) may be granted within the following limits:

• one weekend during the first month in residence


• two weekends per month during the second month in residence


• three weekends per month during the third month in residence


• four weekends per month during the fourth and subsequent months in residence.

Holiday weekends may extend from the Friday to the following Tuesday with a total leave of up to ninety-six hours.

• Community residential facilities

Leave privileges may be granted in accordance with the basic rules and regulations of the community residential facility, unless the Board members have indicated specifically what those leave privileges are to be as part of the release plan. The supervising parole officer or indirect supervisor of CSC, Parole must be informed of what the leave privileges are for each particular resident at the community residential facility.

• Private homes

In the case of conditional release to a private home, the same or similar conditions are to be applied as for a placement in a community residential facility including curfew requirement and weekly contacts by the supervisor at the private home unless otherwise directed by the Board.

Leave for special celebrations

(Christmas, New Year's, spiritual or other cultural celebrations)

If the Board members have already granted weekend leave privileges, leave for special celebrations cannot be granted in addition to the weekends already approved for those months. The leave for the special celebration will replace the regular weekend leave privileges. In addition, the offender may be allowed the time necessary to travel to and from the community facility for such special occasions by the Correctional Service.

Cross-References

Policies on Day parole, Full parole, Statutory release and Detention

Effective date

January 24, 1996