8. Post release interventions

8.1 - Post Release Interventions

Legislative Reference

Corrections and Conditional Release Act, subsection 124(3) and sections 135 to138 and Corrections and Conditional Release Regulations, section 163.

Purpose

This policy provides guidance to Board members for the review of offenders released on day parole, full parole or statutory release.

INTRODUCTION

The risk an offender presents to society is the fundamental consideration in any conditional release decision. Proper supervision of offenders in the community increases public safety and aids in the successful reintegration of the offender.

The Board expects the supervision of offenders in the community to be undertaken in accordance with the policies, directives and guidelines of the National Parole Board and the Correctional Service of Canada.

Any behaviour or circumstance that suggests an increase in the level of risk, or that the risk has become unacceptable should result in immediate intervention by the supervising authority.

Assessment of risk factors during the offender's of supervision

In assessing whether risk has changed since the offender’s release, Board members will review and analyze:

• the reasons for the decision that led to the current release program including the reasons for any dissenting votes;


• the offender’s progress in addressing the correctional plan while in the community and identified needs and risk factors;


• the offender’s behaviour since release (including time unlawfully at large);


• the number and reasons for previous suspensions and revocations of conditional release;


• a comparison of the behaviour with previous patterns of criminal behaviour;


• any professional opinions and/or information from others regarding behaviour on current release;


• the circumstances surrounding the breach of any release condition and measures taken or proposed as a result of the breach;


• what the offender did to modify the risk factors that led to any revocation and what benefit was derived during the period of re-incarceration;


• the release plan and community management strategies for continuing the release;


• the parole officer’s overall risk assessment ; and


• recommendations regarding the conditions, if any, under which the offender could remain in the community on parole or statutory release.

Remedial action

REPRIMAND

A reprimand is an official warning to the offender that a continuation of the behaviour may lead to a revocation.

The Board will issue a reprimand, in writing:

• if the offender’s behaviour although serious does not place society at undue risk, but raises concerns about a potential increase in the level of risk the offender may pose to the community; and/or


• to caution the offender that the behaviour is inappropriate and to reiterate the consequences of continuing such behaviour.

DELAY THE EFFECT OF CANCELLATION

A delay of the effect of the cancellation represents a restrictive option. It must be used only in those circumstances where there has been a previous suspension for violation of conditions during the offender’s sentence. Furthermore, the violation of conditions should be serious enough to warrant sanction or intervention, but not serious enough to warrant a revocation of the release.

A delay of the effect of cancellation will be based on but not limited to:

• investigating or finalizing a release plan that would assist the parole supervisor in managing the risk upon re-release or facilitate the offender’s reintegration;


• successful completion of an institutional program before re-release;


• the need to accommodate a delay in acceptance to a program or a community-based residential facility;


• a disciplinary measure in view of repeated violations of conditions.

In the referral to the Board, CSC will document the offender’s status and previous history of suspensions and revocations so that the Board has sufficient information to make a decision on a delay of cancellation.

Decision and Reasons

The written decision and reasons are the Board members’ official record of the review process and will reflect the analysis that Board members have undertaken during the decision-making process. Board members must summarise, in language that is clear, concise, and understandable, their overall assessment of the offender, including any relevant information obtained orally during the hearing. This summary will help to ensure that anyone reading the decision and reasons will have a full understanding of the rationale to continue the release, or to terminate or revoke it.

The summary must include :

• an analytical statement of all relevant aspects of the offender’s case, including those factors related to the risk to re-offend and the needs or other areas requiring intervention;


• an analysis and evaluation of the offender’s release plans and of the community management strategies to be employed during any remaining period of supervision;


• a concluding assessment of whether or not the release of the offender would constitute an undue risk to society.

The reasons should not refer to personal information about a third party.

If a reprimand is issued or the effect of cancellation is delayed, it must be documented in the decision and reasons.

In case of dissenting votes, the views of each Board member must be documented as well as the reasons for the variance.

Cross reference

7.1 Release Conditions

CSC policies on community supervision and post-release decision process.

Implementation date

2006-05-31

8.2 - Recredit of Remission

Legislative reference

Sections 6.(4.1) and 6.(9) of the Prisons and Reformatories Act

Purpose

To outline the requirements on the recredit of remission, forfeited as a result of a revocation of parole, for offenders under the jurisdiction of the National Parole Board.

Policies

The Board will review a case for recredit of remission upon application by or on behalf of an offender requesting the recredit of remission forfeited as a result of revocation of parole.

Where an offender forfeits remission due to the revocation of release, only in exceptional circumstances will the Board recredit remission.

Where the Board is of the opinion that exceptional circumstances exist to justify the recredit of remission, those circumstances and the reasons to justify the decision, and the exact recredit (# of days) are to be documented clearly by the Board on the decision sheet.

Implementation date

January 24, 1996

8.3 - Offenders with a Long-term Supervision Order

Legislative reference

Criminal Code sections 753.(5)(a), 753.1, 753.2, 753.3, 753.4 and 760; Corrections and Conditional Release Act, sections 99.1, 134.1, 134.2, 135.1.

Purpose

To establish policies governing the responsibilities of the National Parole Board with respect to offenders designated by the courts as long-term offenders during the long-term supervision part of their sentence.

Release Conditions and Information Sharing with the Offender

Special conditions imposed on parole or statutory release do not automatically carry over to long-term supervision. If required, they must be imposed specifically for the long-term supervision.

If any special conditions are recommended by the Correctional Service the offender shall be informed that he or she may submit written opinion to the Board about the proposed conditions within 15 days after sharing.

If special conditions are imposed, the Board decision will normally be given no later than one month before the long-term supervision period commences, and as soon as possible after the period allowed the offender for response has elapsed. This timeframe will allow the offender the opportunity to respond to any special conditions, other than those recommended by the Correctional Service of Canada, which the National Parole Board may decide to impose, and for the Board to consider any such response.

The NPB policy on Release Conditions (7.1) applies. However, because the offender is no longer under warrant, any special condition that restricts the offender to a particular place or area must be justified, and why alternative measures will not suffice must be fully documented. For example, access to specific programs is required, or the location is necessary for the offender to receive adequate supervision. Exceptional care must be taken in writing and imposing special conditions on these offenders to ensure they are clear, reasonable and enforceable, and specific to those characteristics and behaviours of the offender which could lead to substantial risk to the community [Criminal Code ss.753.1(2)].

Condition to reside in a community-based residential facility

Long-term supervision orders are based on the perception that these offenders can be managed in the community. Therefore, it should only be in exceptional circumstances that a condition to reside in a community-based residential facility (CBRF) is imposed. It may be necessary in exceptional cases to provide a brief period of controlled re-entry into the community, for example if the offender has been detained. In addition, if the behaviour of the offender during the period of long-term supervision leads to a determination that without this condition the offender presents a substantial risk to the community, a condition to reside in a CBRF may be imposed. A Community Correctional Centre may only be used for these offenders when it is located in the community. The offender must be allowed regular access to the community.

Review in 90 days: If a condition to reside in a CBRF is imposed it will be limited to a maximum of 90 days. CSC and NPB must both have reviewed the case by the end of ninety days to determine if the condition is still essential to manage risk and a decision must be taken to remove or continue the residency condition. The parole supervisor should submit a report to the Board with respect to the continuing need for this condition within 60 days of its imposition.

If the Board has reason to review the case six months or less before the long-term supervision comes into effect, and the necessary reports for long-term supervision have been submitted to the Board, special conditions in place on parole or statutory release may be continued to the LTSO period if their continuation is explicitly stated on the Board's decision.

Suspension of long-term supervision

When CSC refers the case to the Board, the Board shall review the case as soon as possible, and within thirty days. This timeframe will help to ensure enough time within the ninety-day period for the provincial/territorial Attorney General to determine whether to lay charges of breach of condition when recommended by the Board.

NPB Post-suspension decision options (CCRA ss.135.1(5)-(8))

If the Board orders a cancellation not to take effect until the expiration of a specified period to allow the offender to participate in a program, a special condition shall be imposed which specifies the program that is to be followed, and the anticipated date of completion.

Criteria for recommending laying a charge of breach of condition

• The behaviour of the offender must have demonstrated that he or she may present a substantial risk to the community because of failure to comply with one or more conditions;


• There is clear, convincing evidence that a breach of conditions has occurred;


• The condition must have been reasonable, related to behaviour leading to substantial risk, and enforceable;


• It must be clear that the offender understood the full implications of the condition, and will not be able to argue 'reasonable excuse' for not complying successfully;


• In cases where suspensions have been cancelled by CSC and/or NPB, the deterioration of the offender must have been well documented. All alternative interventions that have been attempted by CSC and NPB must be fully documented and why the decision has now been reached that no appropriate program of supervision can be established must be explained. The reasons why the final remedy of recommending a charge be laid is now being used, following the present breach, must be clear.

National Parole Board decision documentation in these cases must be able to withstand the scrutiny it would receive in court if the breach of condition charge is laid.

New charges: New charges laid against the offender do not necessarily provide grounds for suspension, or for recommending to the Attorney General that a charge be laid against the offender. The charges must be of a type that makes it appear that the offender may pose a substantial risk to the community.

Hearings

A post-suspension hearing is required.

A hearing is required to impose a residency condition for offenders subject to a long-term supervision order.

A hearing is not required to continue the residency condition when reviewing the case at 90 days.

A hearing is required when the total period of residency reaches one year, and on the yearly anniversary thereafter, to continue the residency condition.

A hearing is required to remove a residency condition.

A hearing is not required to impose any other special condition, or to review an application to relieve, remove or vary any other conditions of the long-term supervision.

When conducting these reviews, the policies in Chapter 5 – Statutory Release, subsection “Board review – pre-release hearing” and subsection “Board review – post-release hearing”, apply with such modifications as the circumstances require, due to the different type of release.

Quorum

Two Board members shall vote on all decisions relating to long-term offenders.

Records Management

The front of the hard copy file will be prominently labelled Long-term Supervision Ordered. The file will be sent to archives when the period of long-term supervision is completed. Hearing tapes should be clearly labelled LTSO to avoid inadvertent destruction after warrant expiry of the custodial sentence.

The usual time periods for destruction of files or hearing tapes apply following expiration of the long-term supervision order.

Cross references

Corrections and Conditional Release Act, sections 100, 101, 109 to 111, and 140 to 145 and related NPB policies apply, as appropriate. This includes National Parole Board policies #5 - Statutory Release, section "Imposing a residency condition on statutory release",7.1 - Release Conditions, 7.2 - Residency and day parole leave privileges, 10.2 - Disclosure to victims, and 11.2 - Registry of decisions. CSC policy on Long-term Supervision Orders.

Implementation date

September 23, 2005