COMMISSIONER'S DIRECTIVE

PRE-RELEASE DECISION-MAKING

Policy Bulletin 202

Annex A - Timeframes

Annex B - Assessment for Decision Content Guidelines - Regular Day and Full Parole

Annex C - Assessment for Decision Content Guidelines - Accelerated Parole Review

Annex D - Assessment for Decision Content Guidelines - Statutory Release with Special Conditions

Annex E - Combined Community Strategy and Assessment for Decision Content Guidelines - Accelerated Parole Review

Annex F - Combined Community Strategy and Assessment for Decision Content Guidelines - Statutory Release with Special Conditions

Annex G - Combined Community Strategy and Assessment for Decision Content Guidelines - Regular Parole - Non APR Offenders Serving 3 Years or Less Who Have Applied for Day or Are Eligible for Full Parole during the Intake Process

Annex H - Sample Letter from Inmate to Initiate Section 84

Annex I - Sample Letter from IPO to Inform Community of Section 84 Process

Annex J - Guide to Preparing a Release Plan under Section 84

Annex K - Questions to Consider When Developing a Release Plan under Section 84

Annex L - Sample Letter from Inmate Following Up on Community Response (Section 84)

Annex M - Questions on Section 84

Annex N - Community Strategy Content Guidelines

POLICY OBJECTIVE

AUTHORITIES

1. Corrections and Conditional Release Act (CCRA):

s. 27 - Information Sharing

s. 102 - Parole Criteria

s. 119 - Day Parole Eligibility

s. 120 - Full Parole Eligibility

s. 121 - Parole by Exception

s. 122 - Parole Reviews

s. 125 and 126 - Accelerated Parole Review

s. 127 - Statutory Release

s. 133 - Conditions of Release

3. Corrections and Conditional Release Regulations (CCRR):

s. 102 - Correctional Plans

s. 159 - Accelerated parole Review

CROSS-REFERENCES

4. CD 001 - Mission of the Correctional Service of Canada
CD 700 - Correctional Interventions
CD 702 - Aboriginal Programming
CD 712 - Case Preparation and Release Framework
CD 726 - Correctional Programs

NPB Policy Manual

DEFINITIONS

5. Day Parole: A form of conditional release, granted to an offender by the NPB or a provincial parole board, which requires the offender to return to a penitentiary, a Community-Based Residential Facility (CBRF), which includes an authorized private home placement, or a provincial correctional facility each night, unless otherwise authorized in writing.

6. Full Parole: A form of conditional release, granted to an offender by the NPB or a provincial parole board which allows the offender to serve a portion of the sentence in the community under supervision.

7. The Community Strategy (CS) is an essential stage in the pre-release decision process. Its purpose is to develop a supervision plan which will be implemented when the offender is released and to identify the means by which the risk can safely be managed in the community.

8. Long-Term Supervision-Order (LTSO): An order imposed by the court whereby an offender who has received such an order is supervised in accordance with the CCRA. The LTSO commences when the offender has finished serving all sentences for offences for which he/she had been convicted.

9. Private Home Placement: A private home may be designated by CSC as a community-based residential facility usually when the demand for residential facilities is not high enough to ensure the provision of direct services by the private or public sector (e.g., geriatric cases, small or remote communities, services for women offenders or Aboriginal offenders). The NPB may impose a residency condition to a private home only if it has been so designated.

10. Section 84 of the CCRA provides the authority for CSC to invite the involvement of the Aboriginal community in release planning for offenders.

11. Statutory Release: Is normally a non-discretionary form of legislated release that the CSC and the NPB are obligated to proceed with unless there is sufficient evidence to support the detention of the offender. The offender remains subject to supervision until the expiration of his or her sentence.

12. Special Conditions: Are imposed by the NPB on an offender granted a conditional release or subject to a Long-Term Supervision Order (LTSO) that are linked to an offender's risk and reduces the likelihood the offender will commit an offence. Special conditions are extraordinary measures that require demonstrable evidence that they are necessary, reasonable and the least restrictive option consistent with the protection of society.

13. Waiver: A voluntary written declaration from an offender that clearly gives up his/her legal right to a specific hearing and/or a review by the NPB. Waivers may be withdrawn, in writing, by the offender before the date of the hearing or review. Waiver Form - NPB/CNLC 0079.doc.

14. Postponement: A voluntary request from the offender to delay the review or hearing at any time before it begins. Postponement-Withdrawal Form - NPB/CNLC 0085.doc

15. Withdrawal: A voluntary request from an offender advising the NPB that he/she no longer wishes to be reviewed for a Day/Full Parole review as indicated by his/her earlier application. Postponement-Withdrawal Form - NPB/CNLC 0085.doc.

ROLES AND RESPONSIBILITIES

16. Parole Officers will ensure that Aboriginal offenders assigned to their caseload are informed of their rights under section 84.

17. Institutional and community Parole Officers are responsible for communicating with each other as required during the pre-release decision process.

18. Parole Officers/Primary Workers will ensure that all information relevant to a NPB review under section 25 of the CCRA is available to the NPB and the offender sufficiently in advance of the scheduled review.

19. Aboriginal Liaison Officer (ALO) supports and promotes involvement in the section 81 and 84 processes from within the institution and liaises with Aboriginal Community Development Officers (ACDO) when preparing release plans for Aboriginal offenders. The ALO documents Elder's comments and recommendations, sharing these with the case management team (CMT). The ALO provides input to the CMT into recommendations for Aboriginal offenders regarding correctional planning, assessing risk, release planning and for any upcoming decision related to an Aboriginal offender's case.

20. The Aboriginal Community Development Officer will support and promote involvement of Aboriginal Communities in release preparation through the coordination of release planning in partnership with Aboriginal communities.

ELIGIBILITY DATES

21. Day Parole eligibility dates (DPED) are normally:

1. the greater of 6 months before Full Parole eligibility dates (FPED) or 6 months from the date of sentence;
2. accelerated parole review: the greater of 1/6 of the sentence or 6 months from the date of sentence;
3. life minimum: normally 3 years before FPED*;
4. life maximum: 6 months before FPED;
5. Indeterminate: 3 years prior to FPED (which is normally 7 years).

22. Full Parole eligibility dates are normally:

1. normally 1/3 of sentence (both APR and regular parole);
2. judge ordered ½ of sentence;
3. life minimum: 1st degree murder - 25 years*; 2nd degree murder - 10 to 25 years ;
4. life maximum: 7 years;
5. indeterminate: 7 years (as of August 1997);
6. eligibility for judicial review: 15 years (except multiple murders).

* These are different if the offender was under 18 years of age at the time of the offence. Differences also exist depending on when the offender was sentenced.

GENERAL PRE-RELEASE ASSESSMENT PROCESS

23. Case preparation will begin according to the timeframes identified in Annex A.

24. Both the institutional Parole Officer/Primary Worker and community Parole Officer participate in the recommendation process.

25. In collecting information and arriving at a recommendation, Parole Officers must seek to obtain information and/or verification from as close to the original source of the information as possible to ensure that it is relevant, reliable and persuasive.

26. Where an offender wishes to waive his/her right to a parole review, the institutional Parole Officer/Primary Worker will ensure that the waiver is completed no later than four months prior to the parole eligibility date, signed by the offender and the waiver must be forwarded to the National Parole Board (NPB).

1. However, the offender retains his right to waive a review at any time prior to the scheduled hearing.
2. Dangerous Offenders and Accelerated Parole Review cases cannot waive their right to a review as per section 761 of the Criminal Code.

27. In the case of Aboriginal Offenders, input from the Elder or Aboriginal Liaison Officer is required to ensure that the offender understands the process and to ensure that they support the waiver. The Parole Officer can document their involvement in a Casework Record.

28. All waivers, postponements and withdrawals must be signed off by the Institutional Head or Deputy Warden and recorded on OMS prior to submission to the National Parole Board.

29. The reason(s) for the waiver, postponement or withdrawal must be accurately recorded in OMS in the "Waiver/Postponement or Withdrawal" screen. Enter the Institutional Head or Deputy Warden as the person who has received the document. In the comments section, enter the reasons for the reasons for the Waiver/Postponement or Withdrawal and indicate whether it is supported.

30. Once it is determined that an offender will proceed with a review, the institutional Parole Officer/Primary Worker will:

1. ensure that all critical information, identified in CD 705-2, "Information Collection", is received and included in assessments used for decision-making;
2. ensure that the Case Documentation Checklist is updated;
3. update the Criminal Profile if necessary;
4. request a Psychological Assessment if required;
5. request an Elder's Assessment for Aboriginal offenders if required;
6. request any post-program reports if not already completed;
7. consult the Security Intelligence Officer (SIO) and Preventive Security file for all reviews and document consultation;
8. review all available file material (electronic and hardcopy) from current and previous sentences and record the analysis in the CPPR;
9. update the Correctional Plan Progress report (CPPR). More than one release decision can be addressed on a single CPPR (Day/Full Parole, Statutory release, etc). Include a statement in the CPPR or Assessment for Decision (where relevant) referring the reader to the Criminal Profile Report for details on the index offence;
10. verify:
    1. outstanding charges and appeals;
    2. immigration status;
11. identify the requirement for an interpreter (language of hearing);
12. identify if the hearing is to be a Cultural Hearing (form NPB/CNLC 0035).

31. Request a Community Strategy if required for any release longer than 72 hours (not including travel time). Otherwise a Community Assessment (CA) will be requested. Direct the request for the Community Strategy to the offender's proposed release destination. Request only one Community Strategy at a time. All components of the release plan will be addressed by the area parole office.

32. All Assessment for Decision reports must reflect an analysis of all relevant information about the offender's case, including information from any previous sentences.

33. In cases where the actuarial scores differ from the clinical assessment of the case, it is important that the Assessment for Decision report specify why.

34. Special conditions required to manage the offender's risk must be directly linked to the specific risk factors presented by the offender.

35. The community parole office will notify the institution by fax or e-mail when the Community Strategy and/or the Assessment for Decision are/is completed.

36. If new information is received that has an impact on the risk assessment and/or appropriateness of the release plan and results in a change to the recommendation, a new Assessment for Decision must be completed, shared with the offender and forwarded to the decision-making authority.

37. If the new information does not change the recommendation, an addendum to the Assessment for Decision must be completed, shared with the offender and forwarded to the decision-making authority.

38. Share all information as identified on the Primary Information Sharing Checklist (form CSC/SCC 1199) or an Information Sharing Checklist Update (form CSC/SCC 1197) and complete the Procedural Safeguard Declaration (form CSC/SCC 1198) in each case. Forward these documents to the National Parole Board (NPB) according to the timeframes identified in Annex A.

39. If any information or summary thereof has not been shared with the offender or new information comes to light within 15 days preceding a NPB hearing, the offender will be advised that he or she may request a postponement of the hearing. While the NPB is not bound to grant a postponement, it will take into account the significance of the new information in considering such a request. The offender can also waive the 15 days and continue with the hearing.

COMMUNITY STRATEGY

40. The Community Strategy follows and is built upon the Correctional Plan Progress Report which includes a Risk Assessment. The Community Strategy outlines the way in which the various dynamic factors will continue to be addressed in the community, the way in which the offender will be monitored and determines the level of intervention to be applied upon the offender's release to the community.

41. A Community Strategy will be completed in the following cases:

1. Day Parole:
   1. accelerated parole reviews;
   2. positive recommendation to the NPB is anticipated regardless of the reintegration potential;
   3. all cases where the reintegration potential is high or medium, even if a negative recommendation to the NPB is anticipated;
2. Statutory Release and releases at WED subject to Long-Term Supervision Orders;
3. Unescorted Temporary Absences:
   1. all reviews of UTAs of more than 72 hours under CSC or NPB authority that represent a high or medium reintegration potential;
4. Work Release.

42. The Community Strategy will be completed within the Assessment for Decision in the following cases:

1. Accelerated Parole Review (APR);
2. non-APR offenders serving 3 years or less who have applied for day and/or full parole during the intake process;
3. Statutory Release with conditions;
4. day parole to day parole continued/full parole/statutory release where the same Parole Officer in the community is responsible for preparing both reports;
5. LTSO with conditions.

43. The Community Strategy must be completed within 30 calendar days of the request to the parole office initially identified to complete the strategy.

44. Where multiple reviews are required or where the release plan involves several stages, a single Community Strategy will be completed covering the principal elements of the release plans.

45. It is important that the parole office which receives a request for a Community Strategy processes the request as promptly as possible, so as not to delay the Assessment for Decision process unduly, and especially in the event the Community Strategy must be redirected to another area.

46. When preparing the Community Strategy to assess the possibility of release to an Aboriginal community (according to section 84 of the CCRA), the Parole Officer will work collaboratively with the Aboriginal Community Development Officer and community representative(s) in developing a solid plan.

47. Where the CBRF will not accept an offender with a proposed special condition to reside, the parole office who received the initial Community Strategy request is responsible for requesting a new Community Strategy to another area.

48. The choice of another destination will be reached after discussions with the institutional Parole Officer, who will interview the offender to re-examine the proposed release plan.

49. The office who received the initial request for a Community Strategy will complete the Community Strategy noting the refusal and the reasons. The office will then initiate a new Community Strategy request to identified area.

50. In order to initiate such a request, a new CPPR will need to be completed by the community Parole Office that received the initial request, simply stating the reasons of the revised request.

51. Before finalizing the Community Strategy, the Parole Officer in the community will contact the Parole Officer in the institution and discuss the supervision plan.

52. In all cases, it is the responsibility of the Parole Officer in the community to determine the special conditions to be recommended to the NPB. In case of disagreement between the Parole Officers in the community and institution, the recommendation submitted by the Parole Officer in the community will prevail.

53. The Parole Officer in the community will only recommend the special conditions that are directly linked to the dynamic factors which have contributed to the criminal behaviour.

54. Refer to Annex N, "Community Strategy Content Guidelines".

CPIC CHECKS

55. As a part of the information gathering process, parole officers may contact the police to verify whether the collateral contact is known to police and/or identify the existence of a criminal record through a CPIC check (CPIC form 1279-01).

56. If the assessment includes a CPIC check, the following serves to provide staff with some basic parameters:

1. a CPIC check can be requested for any type of collateral contact including spouse, employer, friend, roommate, etc.;
2. the decision to conduct a CPIC check should be made on a case by case basis based upon the nature and significance of the relationship, conditions of release (i.e. non-association, etc.), and the potential impact this relationship can have on offender's reintegration plan;
3. collateral contacts need to be informed regarding the purpose of conducting a CPIC check. The decision to submit to a CPIC check is voluntary; however, contacts should be informed that their refusal to participate may impact the parole officer's ability to assess the degree of support which in turn can impact the offender's reintegration;
4. the presence of a criminal record in and of itself does not eliminate the individual as a potential source of support. Additional factors need to be taken into consideration such as the nature of the conviction, number of convictions, date of conviction(s), and their degree of relevance to the offender's reintegration.

WAIVERS

57. Waivers will not be accepted from offenders who have been certified or legally declared unable to manage for themselves. However, guardians appointed by the courts to exercise the rights for such offenders, may submit a waiver on their behalf.

58. Consideration is given to the social, cultural, linguistic and cognitive differences of offenders in assessing whether the waiver, to forfeit the legal right to a hearing/review, was given voluntarily and with full understanding. Offenders are advised of the legal protection to which they are entitled.

PSYCHOLOGICAL ASSESSMENTS

Requirements

59. Psychological assessments will not normally be required for:

1. provincial offenders; or
2. offenders eligible for accelerated parole review.

60. To the extent possible, psychologists assessing Aboriginal offenders will consult with institutional Elders to obtain information about the social history of the offender and the impact on the assessment of risk.

Mandatory Referral Criteria for Offenders

61. A psychological assessment is mandatory for offenders who meet any of the following criteria:

1. persistent violence (three or more convictions for a Schedule I offence);
2. gratuitous violence;
3. referrals for detention;
4. conditional release reviews for offenders with indeterminate or life sentences;
5. sex offenders who were identified as being high risk in the Specialized Sex Offender Assessment or those who remain untreated or dropped out of programs. If an offender met the criteria for Specialized Sex Offender Assessments as per CD 705-5 and one was not completed, the offender must be assessed prior to referral to the National Parole Board for consideration of conditional release.
6. offenders serving a life sentence for first or second degree murder.

Discretionary Referral Criteria

62. Referrals will be initiated only when existing treatment summaries are not sufficient to assess progress in relation to the offender's Correctional Plan and/or community management strategies in the following cases:

1. mental disorder;
2. suicide risk (including institutional history of self-injury);
3. high need.

63. A pre-release psychological assessment will be considered to be current for a period of two years.

PSYCHIATRIC ASSESSMENTS

64. At least one psychiatric assessment is required for any offender serving a life (minimum or maximum) or indeterminate sentence.

65. Psychiatric assessments addressing mental illness or disorder and mental capacity will provide information to CSC on intervention strategies which are needed by the offender.

66. Reports are required on the results of any psychiatric treatment interventions with respect to any impact on the risk presented by the offender.

67. When an offender who is serving a life (minimum or maximum) or indeterminate sentence first applies for any type of conditional release other than a medical or compassionate escorted temporary absence, a new psychiatric assessment is required.

68. In the case of an offender assessed as mentally disordered and requiring treatment, this pre-release psychiatric assessment will be considered current until the offender participates in the recommended treatment.

69. A psychiatric assessment will be obtained for any offender when recommended by a psychologist.

70. When an offender has been diagnosed with a mental health condition that requires medication or professional intervention and he/she is non-compliant, a further psychiatric assessment will not be required.

71. When an offender is taking medication which modifies behaviour, information about the effect of the medication, the attitude of the offender to continuing use of the medication, and possible changes in the risk posed should the offender stop using the medication is required to assist in risk assessment.

PROVINCIAL OFFENDERS

72. In the case of provincial offenders applying for parole, case preparation timeframes will normally be three months from receipt of parole application. However every effort should be made to complete the preparation as soon as possible given their length of sentence.

73. Upon receipt of a parole application from a provincial offender, the responsible community Parole Officer will complete a CPPR and request a Community Strategy.

74. All available file information must be reviewed. If a police report is not on file, one must be requested. If the offender had previously served a period of federal incarceration, archived files will be requested.

75. Completion of the CPPR will require a determination of a Level of Motivation and a Reintegration Potential, which are entered into OMS. The CPPR cannot be locked unless these ratings are entered.

76. Although an Intake Assessment is not completed, the assigned Parole Officer will need to identify ratings for the Domain Areas based on the offender's level of need.

77. The community parole office receiving the request will complete the Community Strategy within 30 calendar days of the request.

78. Upon receipt of the Community Strategy, the responsible community Parole Officer will complete the Assessment for Decision using the content guidelines in Annex B. Consultation with the ACDO is required prior to finalization of the Assessment for Decision, when the release involves an offender applying for release to an Aboriginal community in accordance with section 84.

79. If the offender's proposed release plan is within the same jurisdiction as the responsible parole office, the Community Strategy and Assessment for Decision will be completed by the assigned Parole Officer using the Content Guidelines in Annex G.

80. The community Parole Officer will share all information using the Primary Information Sharing Checklist (CSC/SCC 1199) or an Information Sharing Checklist Update (CSC/SCC 1197) and complete the Procedural Safeguard Declaration (CSC/SCC 1198). Forward these documents to the National Parole Board (NPB) according to the timeframes identified in Annex A.

APR OFFENDERS SERVING 4 YEARS OR LESS

81. The intake Parole Officer will follow the general pre-release assessment process. Following completion of the Intake Assessment, the intake Parole Officer will request the Community Strategy from the proposed release destination.

82. The community Parole Officer will complete the Community Strategy to address the release plan identified in the Correctional Plan or CPPR within 30 days of request.

83. The community Parole Officer completes the Assessment for Decision using the Content Guidelines in Annex C. Consultation with the ACDO is required prior to finalization of the Assessment for Decision, when the release involves an offender applying for release to an Aboriginal community in accordance with section 84. When the same Parole Officer completes both the Community Strategy and the Assessment for Decision, the Community Strategy will be contained within the Assessment for Decision, using the Content Guidelines in Annex E.

84. The institutional Parole Officer/Primary Worker will ensure that any documents to be used in the decision-making process are shared with the offender and submitted to the NPB, along with a Primary Information Sharing Checklist (CSC/SCC 1199) or an Information Sharing Checklist Update (CSC/SCC 1197) and a completed Procedural Safeguard Declaration (CSC/SCC 1198) no later than two months prior to the Day Parole eligibility date and three months prior to the Full Parole eligibility date.

DAY AND FULL PAROLE - APR OFFENDERS SERVING MORE THAN 4 YEARS

85. The institutional Parole Officer/Primary Worker will follow the general pre-release assessment process. The institutional Parole Officer/ Primary Worker will request the Community Strategy from the proposed release destination five months prior to the Day Parole eligibility date.

86. The community Parole Officer completes the Community Strategy to address the release plan identified in the CPPR within 30 calendar days of the request.

87. Upon completion of the Community Strategy, the community Parole Officer completes the Assessment for Decision using the applicable content guidelines in Annex E. Consultation with the ACDO is required prior to finalization of the Assessment for Decision, when the release involves an offender applying for release to an Aboriginal community in accordance with section 84. Where the same Parole Officer completes both the Community Strategy and the Assessment for Decision, the Community Strategy will be contained within the Assessment for Decision, using the Content Guidelines in Annex E.

88. Any documents to be used in the decision-making process will be shared with the offender and submitted to the NPB, along with a Primary Information Sharing Checklist (CSC/SCC 1198) or an Information Sharing Checklist Update (CSC/SCC 1197) and a completed Procedural Safeguard Declaration (CSC/SCC 1198) no later than three months prior to the day or full parole eligibility date.

NON-APR OFFENDERS SERVING 3 YEARS OR LESS WHO HAVE APPLIED FOR DAY PAROLE OR ARE ELIGIBLE FOR FULL PAROLE DURING THE INTAKE PROCESS

89. The intake Parole Officer will follow the general pre-release assessment process. Following completion of the Intake Assessment, the intake Parole Officer will request the Community Strategy from the proposed release destination.

90. The community Parole Officer completes the Community Strategy to address the release plan identified in the Correctional Plan or CPPR within 30 days of request.

91. The community Parole Officer completes the Assessment for Decision using the applicable content guidelines. When the same Parole Officer completes both the Community Strategy and the Assessment for Decision, the Community Strategy will be contained within the Assessment for Decision, using the Content Guidelines in Annex G.

92. The institutional Parole Officer/Primary Worker will ensure that any other documents to be used in the decision-making process are shared with the offender and submitted to the NPB, along with a Primary Information Sharing Checklist (CSC/SCC 1198) or an Information Sharing Checklist Update (CSC/SCC 1197) and a completed Procedural Safeguard Declaration (CSC/SCC 1198) no later than 21 days prior to the first day of the hearings scheduled at the institution.

DAY AND FULL PAROLE - NON-APR OFFENDERS SERVING MORE THAN 3 YEARS AND THOSE SERVING 3 YEARS OR LESS WHO HAVE NOT APPLIED FOR DAY PAROLE AND DID NOT HAVE A FULL PAROLE REVIEW DURING THE INTAKE PROCESS

93. The institutional Parole Officer/Primary Worker will follow the general pre-release assessment process and will request the Community Strategy from the proposed release destination four months prior to the date of the scheduled hearing.

94. In cases where the offender's Reintegration Potential is rated as Low and the Case Management Team (CMT) is not supportive of the offender's proposed release plan for Day and/or Full Parole, a Community Strategy is not required unless it is believed that one will assist the decision maker. For offenders appearing before the NPB for Day or Full Parole under a section 84 agreement, a Community Strategy is required. An up-to-date CPPR that accurately reflects the offender's progress is required.

95. The community Parole Officer completes the Community Strategy to address the release plan identified in the CPPR within 30 calendar days of the request. The community Parole Officer will consult with the ACDO prior the finalization of the Community Strategy.

96. Upon completion of the Community Strategy, the institutional Parole Officer/Primary Worker will complete the Assessment for Decision by using the content guidelines in Annex B.

97. Any documents to be used in the decision-making process will be shared with the offender and submitted to the NPB, along with a Primary Information Sharing Checklist (CSC/SCC 1198) or an Information Sharing Checklist Update (CSC/SCC 1197) and a completed Procedural Safeguard Declaration (CSC/SCC 1198) no later than 21 days prior to the first day of the hearings scheduled at the institution.

REGULAR DAY PAROLE AND FULL PAROLE

98. Day and/or Full Parole applications will normally be submitted to the NPB no later than six months prior to the offender's Statutory Release date.

99. The institutional Parole Officer/Primary Worker will follow the general pre-release assessment process and request the Community Strategy from the proposed release destination four months prior to the date of the scheduled hearing.

100. In cases where the offender's Reintegration Potential is rated as Low and the Case Management Team (CMT) is not supportive of the offender's proposed release plan for Day and/or Full Parole, a Community Strategy is not required unless it is believed that one will assist the decision maker. For offenders appearing before the NPB for Day or Full Parole under a section 84 agreement, a Community Strategy is required. An up-to-date CPPR that accurately reflects the offender's progress is required.

101. Upon completion of the Community Strategy, the institutional Parole Officer/Primary Worker will complete the Assessment for Decision by using the content guidelines in Annex B.

PAROLE BY EXCEPTION

102. The institutional Parole Officer/Primary Worker will consider all release options for offenders who are terminally ill or otherwise meet any of the criteria identified in section 121 of the CCRA at the earliest possible time.

103. Offenders serving a life minimum or an indeterminate sentence do not qualify for Parole by Exception as per CCRA section 121.

104. To be considered for Parole by Exception, the offender must submit a formal written application to the NPB unless:

1. the offender is mentally or physically incapable of doing so;
2. release is being proposed without the offender's consent; or
3. where urgent circumstances require flexibility.

105. Following receipt of medical evidence that supports an offender's application for Day/Full Parole under section 121 of the CCRA, the institutional Parole Officer/Primary Worker will complete a CPPR and request a Community Strategy. The rationale supporting the offender's application for a review under section 121 should be clearly supported by medical/psychiatric evidence.

106. The NPB will determine if one of the criteria of section 121 is met; if not, a review in advance of the offender's eligibility dates will be denied and the process discontinued.

107. If the NPB agrees to hear the case under section 121, the usual pre-release decision process will commence without delay.

DAY PAROLE - DEPORTATION AND REMOVAL ORDERS

108. Certain offenders may be eligible for Day Parole and, as applicable, to an Accelerated Day Parole Review. Eligibility is determined by the date of sentencing, specifically whether a detention order was issued under the Immigration Act (1995) or subject to a removal order under the Immigration and Refugee Protection Act. (Refer to subsections 128 (3) to (7) of the CCRA. See Sentence Management for guidance, if required.)

109. In addition to regular case preparation, the institutional Parole Officer will need to consult with Immigration to obtain any information that may impact risk and supported their decision to impose the s. 105 Immigration order, i.e. that the offender is either a danger to the public or a flight risk.

110. A recommendation against Day Parole will not be made on the basis of a s. 105 Immigration order alone.

PAROLE APPLICATIONS FOLLOWING A NEGATIVE NPB DECISION

111. Following a negative parole decision, CSC can submit an offender's case to the NPB for a subsequent review prior to allowed timeframes if CSC supports the offender's application. In these cases, the following steps are necessary:

1. the offender completes a parole application;
2. the institutional Parole Officer/Primary Worker completes a CPPR outlining the reasons why CSC is supporting the current application. Specifically identify what has changed since the negative decision, addressing the issues/concerns expressed by the NPB in their decision sheet;
3. the institutional Parole Officer/Primary Worker requests a Community Strategy;
4. the community Parole Officer completes the Community Strategy, noting whether the community does or does not support the parole application;
5. upon receipt of the Community Strategy, the institutional Parole Officer/Primary Worker completes the Assessment for Decision. The institutional Parole Officer will consult with the Elder and/or ALO for Aboriginal offenders.

112. Any documents to be used in the decision-making process will be shared with the offender and submitted to the NPB, along with a Primary Information Sharing Checklist (CSC/SCC 1198) or an Information Sharing Checklist Update (CSC/SCC 1197) and a completed Procedural Safeguard Declaration (CSC/SCC 1198) no later than 21 days prior to the first day of the hearings scheduled at the institution.

ACCELERATED DAY PAROLE RELEASE TO FULL PAROLE

STATUTORY RELEASE (SR)

114. In all Statutory Release cases, a Community Strategy will be requested.

115. No later than six months prior to the offender's Statutory Release date, the institutional Parole Officer/Primary Worker completes a CPPR and requests a Community Strategy from the proposed release destination.

116. The community Parole Officer completes the Community Strategy to address the release plan identified in the CPPR within 30 calendar days of the request.

117. An alternate release plan should be identified in the CPPR in the event that the initial plan cannot be accommodated.

118. Where the same Parole Officer completes both the Community Strategy and the Assessment for Decision, the Community Strategy will be contained within the Assessment for Decision, using the appropriate content guidelines.

119. If, following the imposition of special conditions by the NPB, an offender's release plan has changed, CSC must notify the NPB as soon as practical through a subsequent Community Strategy addressing the new release plan. If the offender has not yet been released from the institution, a CPPR would normally be requested.

SR without Special Conditions

120. No Assessment for Decision is required.

121. Although there is no recommendation for Special Conditions submitted to the NPB, all documents must still be shared with the offender and submitted to the NPB no later than 60 days prior to the Statutory Release date.

SR with Special Conditions

122. Where the same Parole Officer completes both the Community Strategy and the Assessment for Decision, the Community Strategy will be contained within the Assessment for Decision, using the Content Guidelines in Annex F. There should be no situation where a Community Strategy is not completed.

123. Any documents to be used in the decision-making process will be shared with the offender and submitted to the NPB, along with a Primary Information Sharing Checklist (CSC/SCC 1198) or an Information Sharing Checklist Update (CSC/SCC 1197) and a completed Procedural Safeguard Declaration (CSC/SCC 1198) no later than 60 days prior to the offender's Statutory Release date.

124. If, following the imposition of special conditions by the NPB, an offender's release plan has changed; CSC must notify the NPB as soon as practical through a subsequent Community Strategy update addressing only the relevant changes to the release plan.

SR with Residency

125. Institutional Parole Officers will not make recommendations for a residency condition in the CPPR.

126. When the community Parole Officer preparing the Community Strategy / Assessment for Decision believes residency is required to prevent a Schedule I offence, the community Parole Officer will address the criteria for residency as noted in the content guidelines in Annex D or Annex F.

127. In determining whether the offender is likely to commit a Schedule I offence prior to the expiry of the current sentence, it is imperative that the Parole Officer logically establishes that a Schedule I offence is probable or likely to occur. This should not be confused with the possibility that a Schedule I offence might occur.

128. More than one accommodation site may be explored within a single Community Strategy, as long as they are within the local parole office's supervision area. Where a CBRF is not willing to accept an offender with a proposed condition to reside, the community Parole Officer will note the refusal and the rationale in the Community Strategy and explore other CBRFs within the area or if necessary outside the area.

129. If the offender's proposed release plan cannot be accommodated, the community Parole Officer will pursue the alternate release plan identified in the CPPR by following these procedures:

1. complete the current Community Strategy request by providing an explanation as to why the release plan cannot be accommodated;
2. consult with the institutional Parole Officer to ensure that the alternative plan identified in the original CPPR remains accurate;
3. complete a new CPPR, briefly outlining the release plan and the reasons why the original release plan cannot be accommodated;
4. request a new Community Strategy.

130. The community Parole Officer at the second destination completes the Community Strategy. Where the same Parole Officer completes both the Community Strategy and the Assessment for Decision, the Community Strategy will be contained within the Assessment for Decision, using the Content Guidelines in Annex F.

131. Any documents to be used in the decision-making process will be shared with the offender and submitted to the NPB, along with a Primary Information Sharing Checklist (CSC/SCC 1198) or an Information Sharing Checklist Update (CSC/SCC 1197) and a completed Procedural Safeguard Declaration (CSC/SCC 1198) no later than 60 days prior to the scheduled hearing.

132. Where a condition to reside in a Penitentiary or a CCC is being recommended by CSC or has been imposed by the NPB, the Parole Officer/Primary Worker will complete the Regional Consent Form (CSC/SCC 1218) and submit it to the Regional Deputy Commissioner for approval. The signed form is then returned to the Parole Officer/Primary Worker for distribution.

133. If, following the imposition of special conditions by the NPB, an offender's release plan has changed; CSC must notify the NPB as soon as practical through a subsequent Community Strategy update addressing only the relevant changes to the release plan.

SECTION 84 PRE-RELEASE PROCESS

134. Aboriginal offenders can indicate their interest in inviting the involvement of the Aboriginal community in their release planning at any time in their sentence.

135. Where an offender has expressed an interest in being released to an Aboriginal community and CSC has obtained the offender's consent, the Institutional Head will ensure that:

1. the Aboriginal community is provided with adequate notice of the offender's interest;
2. an opportunity to propose a release plan for the offender's release to, and integration into, the Aboriginal community is provided.

136. In preparing a release utilizing section 84 processes, the institutional Parole Officer/ Primary Worker must ensure that the policies and legal requirements are maintained, and respect the community's unique and effective ways to promote risk management and successful reintegration.

137. The institutional Parole Officer/Primary Worker will revisit the option of pursuing day or full parole utilizing section 84 with the offender prior to completing pre-release casework.

138. In all cases where a parole utilizing section 84 is initiated, the Institutional Parole Officer/Primary Worker will notify the institutional Elder and ALO and regional/district Aboriginal Community Development Officer (ACDO), who can assist in the section 84 processes and provide notification to Aboriginal Communities and parole area offices.

139. Where no ACDO is available to assist in the section 84 process, the Parole Officer is responsible to fulfill these responsibilities.

140. When an offender decides, in consultation with the ACDO, to pursue a release utilizing section 84, he/she must initiate the process by preparing a letter to the appropriate contact in the community he/she intends to be released to (see Annex H for sample letter).

141. The ACDO will assist the offender in identifying the appropriate community contact (Chief and Council, Métis Local, Urban Council, Justice Committee, etc).

142. The ACDO sends a copy of the letter to the Area Director of the parole office responsible for the area of the Aboriginal community.

143. The offender must sign a Consent for Disclosure of Personal Information (CSC/SCC 0487). Specify that the purpose of the form is for the release of information to a specific contact person/agency for purposes of the release utilizing section 84. When completing the Consent for Disclosure, indicate that the sharing is valid until Warrant Expiry Date.

144. On the consent form, on the line " Name of individual(s) or organization(s) ", the offender identifies the Aboriginal Community Development Officer (ACDO) and the section 84 community review committee, as the persons the information will be shared with.

145. The ACDO prepares and sends a letter to the community contact. The purpose of this letter is to formally notify the community of the provisions of section 84 and to provide relevant information on the process to assist the community in making their decision (see Annex I for sample letter). The Consent for Disclosure of Personal Information form must accompany this letter.

146. If the community responds to the offender indicating an interest in participating in the section 84, the ACDO will meet with the community representatives to review relevant information pertaining to the offender. This would normally include the Criminal Profile, the Correctional Plan, treatment reports, Community Assessments, psychological/ psychiatric reports, Elder assessments and/or any other report that would provide relevant information Any additional documents that the offender wishes to send to the community contact should be included in this package. The ACDO will follow-up on non-responses from communities.

147. The ACDO will consult with the Aboriginal community about developing a release plan. The ACDO will provide the "Guide to Preparing a Release Plan under Section 84" (Annex J) and the "Questions to Consider When Developing a Release Plan under Section 84" (Annex K) to the community contact. The ACDO will outline this release plan in a Community Assessment.

148. The ACDO will collect all information after meeting with the section 84 community review committee unless he/she is assured that the committee member has enhanced reliability clearance and the ability to manage the information in compliance with government security policy, for example, the RCMP.

149. The institutional Parole Officer/Primary Worker will include the proposed plan in the CPPR and request a Community Strategy.

150. The community Parole Officer, in consultation with the ACDO, will develop the release plan utilizing section 84 into the Community Strategy in partnership with the Aboriginal community.

151. The institutional Parole Officer/Primary Worker/community Parole Officer will complete the Assessment for Decision, in consultation with the Elder, following receipt of the Community Strategy in accordance with policy.

152. Any documents to be used in the decision-making process will be shared with the offender and submitted to the NPB, along with a Primary Information Sharing Checklist (CSC/SCC 1198) or an Information Sharing Checklist Update (CSC/SCC 1197) and a completed Procedural Safeguard Declaration (CSC/SCC 1198) no later than 21 days prior to the scheduled hearing.

153. Institutional and community Parole Officers and ACDOs must communicate throughout the section 84 process to ensure that they are all fully informed of the progress in the development of the release plan.

Recording Applications for Release Utilizing Section 84

PREPARING FOR RELEASE

Commissioner,

Original signed by
Keith Coulter

ANNEX A -
TIMEFRAMES

** CPO – community Parole Officer assigned to the case

IPO – institutional Parole Officer assigned to the case

Intake PO – intake Parole Officer assigned to the case

PW – Primary Worker assigned to the case

ANNEX B -
ASSESSMENT FOR DECISION CONTENT GUIDELINES -
REGULAR DAY AND FULL PAROLE

Address each criterion specifically :

Integrate pertinent information from psychological or psychiatric assessments, GSIR score, Elder's Assessment if applicable and other actuarial information where appropriate .

Purpose of Report:

• Self-explanatory.

Include the following note:

The reader should refer to the CPPR dated YY/MM/DD to identify the offender's main static and dynamic factors as well as the progress that he or she has made.

Security Intelligence Information Update: gang organization, criminal affiliation and others information.

NOTE : If a Community Strategy is not required, the writer must add the CPPR content concerning the offender's progress and release plan in this area.

Risk Assessment:

This section should not contain large excerpts of other reports, but may contain short direct quotes only as necessary. Focus on risk analysis and conclusions. The assessment should include positive and negative factors that are pertinent to the current review, determined through the analysis of the following:

• Probability of re-offending: Determine the risk of re-offending by analyzing the General Statistical Information on Recidivism, the offender's reintegration potential and the progress he or she has made, as well as the offender's ability to control his or her offence cycle. The offender's frequency of offending and crime-free periods, as well as the results from his or her psychological and psychiatric assessments must also be analyzed.
• Include Aboriginal Social History, factors include effects of residential school (offender as survivor or intergenerational effects from family's historical experiences), sixties scoop, family or community history of suicide, substance abuse, victimization, experience in child welfare system, level or lack of formal education, level of connectivity or fragmentation with family/community, loss or struggle with cultural/spiritual identity, experience with child welfare system, experience with poverty, exposure or membership affiliation with gangs, etc.
• Severity of re-offending: Determine the severity of re-offending by taking into account the history of violent behaviour, the usual type of criminal behaviour, behaviour displayed in the institution, and offence descriptions found in police reports.
• Risk management: Explain how the proposed community strategy will allow (or not allow) the level of risk to remain acceptable to society and indicate how the proposed special conditions are necessary for proper risk management.
• Include an analysis of any high risk behaviours or patterns observed during the sentence, including any previous failures on release.
• For Aboriginal Offenders where possible discuss how the offender's understanding of how he/she is in the relationship to the four aspects of traditional healing might mitigate the risk and assist in the management of risk.
• Offender's level of commitment: Explain the offender's level of commitment (or lack thereof) to his or her supervision plan, taking into account his or her current attitude and overall ability to meet commitments while on different types of releases (Parole, Temporary Absences, Probation, Bail).
• Overall level of risk: determine an overall level of risk, taking into account the probability and seriousness of re-offending, risk management and the offender's level of commitment.

If parole is not recommended, explain the changes the offender can make to reduce his or her potential risk.

Dissenting Opinion:

• Include all dissenting opinions from all staff members involved with case preparation, as well as the underlying reasons for them.

Final Recommendation :

• Indicate your final recommendation and any relevant details associated with it (e.g., duration, destination, special conditions).
• Include comments from all members of CMT (including Elder's and Aboriginal Liaison Officer) as appropriate.

ANNEX C -
ASSESSMENT FOR DECISION CONTENT GUIDELINES -
ACCELERATED PAROLE REVIEW

Purpose of Report:

• Self-explanatory.

Risk of Violence:

To assess this criterion, the following items must be considered. Integrate implications of psychological or psychiatric assessments, GSIR score, Elder's Assessment if applicable and other actuarial information where appropriate .

• Stress factors likely to lead the offender to behave in a violent manner.
• Include Aboriginal Social History, factors include effects of residential school (offender as survivor or intergenerational effects from family's historical experiences), sixties scoop, family or community history of suicide, substance abuse, victimization, experience in child welfare system, level or lack of formal education, level of connectivity or fragmentation with family/community, loss or struggle with cultural/ spiritual identity, experience with child welfare system, experience with poverty, exposure or membership affiliation with gangs, etc.
• Information contained in psychiatric and/or psychological reports indicating the existence of a mental illness or disorder likely to lead the offender to commit an offence involving violence before the expiration of the offender's sentence according to law.
• The offender's propensity to violence as shown by:
  • any violent behaviour noted in the offender's file, young offender's file, provincial records, police reports and the circumstances surrounding the offence;
  • the seriousness of previous offences;
  • reliable information showing that the offender has problems controlling his or her anger to the point that it could lead the offender to commit an offence involving violence;
  • evidence that the offender uttered threats to commit violence;
  • use of a weapon during the commission of an offence;
  • an attitude of indifference toward criminal behaviour or the effects of criminal behaviour on victims.
• Offender's criminal history in the context of membership in an organized crime group or criminal gang.
• Attempts by the offender to reduce his or her potential for future violent behaviour.

Provide one of three possible conclusions supported by evidence:

• In the absence of evidence of previous criminal behaviour involving weapons or violence and any indications of a propensity to violence, there are no reasonable grounds to believe that the offender is likely to commit an offence involving violence before the expiration of the offender's sentence according to law.
• Although the offender has previously engaged in violent behaviour, given a specific set of circumstances (interval between previous behaviour and the present time, absence of similar behaviour, official documentation explaining circumstances of previous behaviour, sentencing related to previous behaviour), there are no reasonable grounds to believe that the offender is likely to commit an offence involving violence before the expiration of the offender's sentence according to law.
• As developed in the analysis above, there are reasonable grounds to believe that the offender is likely to commit an offence involving violence before the expiration of the offender's sentence according to law.

Proposed Plan :

• Include an analysis and assessment of the offender's release plan, community management strategies proposed to address the offender's risk and needs, as well as the rationale for any proposed special conditions.
• For Aboriginal Offenders where possible discuss how the offender's understanding of how he/she is in the relationship to the four aspects of traditional healing might mitigate the risk and assist in the management of risk.

Dissenting Opinion:

• Specify any differences of opinion and the underlying reasons.

Final Recommendation:

• Indicate your final recommendation and any relevant details associated with it (e.g., duration, destination, special conditions).
• Include comments from all members of CMT (including Elder's and Aboriginal Liaison Officer) as appropriate.

ANNEX D -
ASSESSMENT FOR DECISION CONTENT GUIDELINES -
STATUTORY RELEASE WITH SPECIAL CONDITIONS 

• The NPB is responsible for imposing special conditions. In cases where no special condition is recommended, no Assessment for Decision needs to be completed.
• Hearings are conducted at least 2 months before the Statutory Release Date

Purpose of Report:

• Self-explanatory.

Special Conditions  :

• Justify the necessity for each special condition recommended.

Residence Requirement : Only required if recommending residency.

To make a recommendation, clearly identify the types and extent of the offender's behaviour that make residency necessary to prevent a Schedule I offence by addressing the following elements:

• Stress factors likely to lead the offender to behave in a violent manner.
• Information concerning efforts by the offender to mitigate or reduce the risk of violent behaviour.
• Information contained in psychiatric and/or psychological reports indicating the existence of a mental illness or disorder likely to lead the offender to commit an offence involving violence before the expiration of the offender's sentence according to law.
• Include Aboriginal Social History, factors include effects of residential school (offender as survivor or intergenerational effects from family's historical experiences), sixties scoop, family or community history of suicide, substance abuse, victimization, experience in child welfare system, level or lack of formal education, level of connectivity or fragmentation with family/community, loss or struggle with cultural/spiritual identity, experience with child welfare system, experience with poverty, exposure or membership affiliation with gangs, etc.
• The offender's propensity to violence as shown by:
  • any violent behaviour as shown by the offender's file, Young Offender's file, provincial records, police reports and the circumstances surrounding the offence;
  • the seriousness of previous offences;
  • reliable information showing that the offender has problems controlling his or her anger to the point that it could lead the offender to commit an offence involving violence;
  • explicit threats of violence uttered by the offender;
  • use of a weapon during the commission of an offence;
  • an attitude of indifference toward criminal behaviour or the effects of criminal behaviour on victims.

In addition to the above, address the following criteria that apply specifically to residency:

• The offender is identified as requiring a gradual reintegration into the community following the period of incarceration.
• Accommodation is identified as a need area and a residency condition is a requirement to meet that need.
• Bed space is available in a suitable facility.
• Access to the community.
• Identify one or more specific facilities where the residency could be provided and identify how residency in each facility would reduce the likelihood of an offence through control, supervision, and/or programs.
• Approval of the RDC for residency in a CCC.

Comment on the following alternatives and explain why they are not sufficient to manage the risk:

For Aboriginal offenders where possible discuss how the offender's understanding of how he/she is in the relationship to the four aspects of traditional healing might mitigate the risk and assist in the management of risk.

• More frequent reporting to PO , police, volunteers, CBRF staff, etc.
• More frequent community and collateral contacts.
• Curfew at the offender's home (with means to control the curfew such as having a CRF or community supervisor contact the offender by phone to verify compliance or have the offender call into a CRF or other location with a display phone).
• Intensive supervision program or team.
• Special conditions.
• Referral to an intensive supervision team, where available.
• Imposing written instructions for short term situations.
• Recommending special conditions be imposed by the NPB for longer term management of a risk factor.
• Identify what changes the offender would need to demonstrate in order for the residency condition to be removed and how these changes would be assessed.
• Estimate the length of time the residency condition would need to be in place, assuming the desired changes were achieved. This estimate will set the timeframe for reviewing the case with the NPB for removal of the residency condition. If the Parole Officer does not later submit for a “terms and conditions altered decision” to remove the residency condition, it would remain in force until either there was such a submission or the offender reached their warrant expiry date.

If the offender meets the criteria for a residence requirement, you must include the statement 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 the expiration of the offender's sentence according to law (133 (4.1) of the CCRA).

Dissenting Opinion:

• Specify any differences of opinion and the underlying reasons.

Final Recommendation:

• Indicate your final recommendation and any relevant details associated with it (e.g., duration, destination, special conditions).

ANNEX E -
COMBINED COMMUNITY STRATEGY AND ASSESSMENT FOR DECISION CONTENT GUIDELINES
ACCELERATED PAROLE REVIEW

Purpose of Report:

• Self-explanatory.

Risk of Violence

To assess these criteria, the following items must be considered. Integrate implications of psychological or psychiatric assessments, Elder's assessment if applicable, GSIR score and other actuarial information where appropriate.

• Include Aboriginal Social History, factors include effects of residential school (offender as survivor or intergenerational effects from family's historical experiences), sixties scoop, family or community history of suicide, substance abuse, victimization, experience in child welfare system, level or lack of formal education, level of connectivity or fragmentation with family/community, loss or struggle with cultural/ spiritual identity, experience with child welfare system, experience with poverty, exposure or membership affiliation with gangs, etc.
• Stress factors likely to lead the offender to behave in a violent manner.
• Information contained in psychiatric and/or psychological reports indicating the existence of a mental illness or disorder likely to lead the offender to commit an offence involving violence before the expiration of the offender's sentence according to law.
• The offender's propensity to violence as shown by:
  • any violent behaviour noted in the offender's file, young offender's file, provincial records, police reports and the circumstances surrounding the offence;
  • the seriousness of previous offences;
  • reliable information showing that the offender has problems controlling his or her anger to the point that it could lead the offender to commit an offence involving violence;
  • evidence that the offender uttered threats to commit violence;
  • use of a weapon during the commission of an offence;
  • an attitude of indifference toward criminal behaviour or the effects of criminal behaviour on victims.
• Offender's criminal history in the context of membership in an organized crime group or criminal gang.
• Attempts by the offender to reduce his or her potential for future violent behaviour.

Provide one of three possible conclusions supported by evidence:

• In the absence of evidence of previous criminal behaviour involving weapons or violence and any indications of a propensity to violence, there are no reasonable grounds to believe that the offender is likely to commit an offence involving violence before the expiration of the offender's sentence according to law.
• Although the offender has previously engaged in violent behaviour, given a specific set of circumstances (interval between previous behaviour and the present time, absence of similar behaviour, official documentation explaining circumstances of previous behaviour, sentencing related to previous behaviour), there are no reasonable grounds to believe that the offender is likely to commit an offence involving violence before the expiration of the offender's sentence according to law.
• As developed in the analysis above, there are reasonable grounds to believe that the offender is likely to commit an offence involving violence before the expiration of the offender's sentence according to law.

Analysis and Assessment of the Community Strategy

• Notification to third party.
• Living arrangements: suitability.
• In the case of a Community-Based Residential Facility:
  • Whether the CBRF has reviewed the background information;
  • Acceptance or rejection by the facility;
  • Availability of bed space and the proposed date accommodation will be available for the offender;
  • The profile of the current population and programs at the CBRF (only if the facility is not well known by the NPB);
  • CBRF concerns and suggestions for conditions and approaches to supervision;
  • Leave privileges (each case should be reviewed to determine if leave privileges can be granted in accordance with NPB policy. If so, this should be clearly stated. If the recommendation is to expand or limit privileges, a rationale must be included).
• For Aboriginal offenders, where possible discuss how the offender's involvement in traditional healing may mitigate the risk and assist in the management of risk.
• Employment.
• Community support.
• Comments from police.
• Proposed supervision plan, including the objectives and programs envisioned.
• Proposed special conditions: Justify whether or not special conditions are required and provide the rationale for the necessity of each proposed special condition.
• Level of intervention (frequency of contacts to be applied upon offender's release to the community) (by completing Post-Assessment Level of Intervention within the Reintegration Potential Reassessment screen of OMS).
• Consultation with the Parole Officer in the institution (name).

Dissenting Opinion:

• Specify any differences of opinion and the underlying reasons.

Final Recommendation:

• Indicate your final recommendation and any relevant details associated with it (e.g., duration, destination, special conditions).

ANNEX F -
Combined Community Strategy and Assessment for Decision Content Guidelines
Statutory Release with Special Conditions

Purpose of Report:

• Self-explanatory.

Community Strategy

• Notification to third party.
• Living arrangements: suitability.
• In the case of a Community-Based Residential Facility:
  • Whether the CBRF has reviewed the background information;
  • Acceptance or rejection by the facility;
  • Availability of bed space and the proposed date accommodation will be available for the offender;
  • The profile of the current population and programs at the CBRF (only if the facility is not well known by the NPB);
  • CBRF concerns and suggestions for conditions and approaches to supervision;
  • Leave privileges (each case should be reviewed to determine if leave privileges can be granted in accordance with NPB policy. If so, this should be clearly stated. If the recommendation is to expand or limit privileges, a rationale must be included).
• Employment.
• Community support.
• Anticipated community reaction.
• Comments from police.
• Proposed supervision plan, including the objectives and programs envisioned.
• Level of intervention (frequency of contacts to be applied upon offender's release to the community) (by completing Post-Assessment Level of Intervention within the Reintegration Potential Reassessment screen of OMS) .
• Consultation with the Parole Officer in the institution (name).

Special Conditions  :

• Justify the necessity for each special condition recommended.

Residence Requirement : Only required if recommending residency or where the NPB is considering the imposition of a residency condition.

To make a recommendation, clearly identify the types and extent of the offender's behaviour that make residency necessary to prevent a Schedule I offence by addressing the following elements:

• Include Aboriginal Social History, factors include effects of residential school (offender as survivor or intergenerational effects from family's historical experiences), sixties scoop, family or community history of suicide, substance abuse, victimization, experience in child welfare system, level or lack of formal education, level of connectivity or fragmentation with family/community, loss or struggle with cultural/spiritual identity, experience with child welfare system, experience with poverty, exposure or membership affiliation with gangs, etc.
• Stress factors likely to lead the offender to behave in a violent manner.
• Information concerning efforts by the offender to mitigate or reduce the risk of violent behaviour.
• Information contained in psychiatric and/or psychological reports indicating the existence of a mental illness or disorder likely to lead the offender to commit an offence involving violence before the expiration of the offender's sentence according to law.
• Include an analysis of any high risk behaviours or patterns observed during the sentence, including any previous failures on release.
• The offender's propensity to violence as shown by:
  • any violent behaviour as shown by the offender's file, Young Offender's file, provincial records, police reports and the circumstances surrounding the offence;
  • the seriousness of previous offences;
  • reliable information showing that the offender has problems controlling his or her anger to the point that it could lead the offender to commit an offence involving violence;
  • explicit threats of violence uttered by the offender;
  • use of a weapon during the commission of an offence;
  • an attitude of indifference toward criminal behaviour or the effects of criminal behaviour on victims.

In addition to the above, address the following criteria that apply specifically to residency:

• The offender is identified as requiring a gradual reintegration into the community following the period of incarceration.
• Accommodation is identified as a need area and a residency condition is a requirement to meet that need.
• Bed space is available in a suitable facility.
• Access to the community.
• Identify one or more specific facilities where the residency could be provided and identify how residency in each facility would reduce the likelihood of an offence through control, supervision, and/or programs.
• Approval of the RDC for residency in a CCC.

Comment on the following alternatives and explain why they are not sufficient to manage the risk:

• More frequent reporting to PO , police, volunteers, CBRF staff, etc.
• More frequent community and collateral contacts.
• Curfew at the offender's home (with means to control the curfew such as having a CRF or community supervisor contact the offender by phone to verify compliance or have the offender call into a CRF or other location with a display phone;
• Intensive supervision program or team.
• Special conditions.
• Referral to an intensive supervision team, where available;
• Imposing written instructions for short term situations; and
• Recommending special conditions be imposed by the NPB for longer term management of a risk factor.
• Identify what changes the offender would need to demonstrate in order for the residency condition to be removed and how these changes would be assessed.
• Estimate the length of time the residency condition would need to be in place, assuming the desired changes were achieved. This estimate will set the timeframe for reviewing the case with the NPB for removal of the residency condition. If the Parole Officer does not later submit for a “terms and conditions altered decision” to remove the residency condition, it would remain in force until either there was such a submission or the offender reached their warrant expiry date.

If the offender meets the criteria for a residence requirement, you must include the statement 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 the expiration of the offender's sentence according to law” (133 (4.1) of the CCRA).

Dissenting opinion:

• Specify any differences of opinion and the underlying reasons.

Final Recommendation:

• Indicate your final recommendation and any relevant details associated with it (e.g., duration, destination, special conditions).

ANNEX G -
Combined Community Strategy and Assessment for Decision Content Guidelines
Regular Parole - Non APR Offenders Serving 3 years or less who have Applied for Day or are eligible for Full Parole During the Intake Process

Address each criterion specifically :

Integrate pertinent information from psychological or psychiatric assessments, Elder's assessment if applicable, GSIR score and other actuarial information where appropriate .

Purpose of Report:

• Self-explanatory.

Risk assessment:

This section should not contain large excerpts of other reports, but may include short direct quotes only as necessary. Focus on risk analysis and conclusions. The assessment should include positive and negative factors that are pertinent to the current review, determined through the analysis of the following:

• Probability of re-offending: Determine the risk of re-offending by analyzing the General Statistical Information on Recidivism, the offender's reintegration potential and the progress he or she has made, as well as the offender's ability to control his or her offence cycle. Include an analysis of any high risk behaviours or patterns observed during the sentence, including any previous failures on release. The offender's frequency of offending and crime-free periods, as well as the results from his or her psychological and psychiatric assessments must also be analyzed.
• Severity of re-offending: Determine the severity of re-offending by taking into account the history of violent behaviour, the usual type of criminal behaviour, behaviour displayed in the institution, and offence descriptions found in police reports.
• Risk management: Explain how the proposed community strategy will allow (or not allow) the level of risk to remain acceptable to society and indicate how the proposed special conditions are necessary for proper risk management.
• Offender's level of commitment: Explain the offender's level of commitment (or lack thereof) to his or her supervision plan, taking into account his or her current attitude and overall ability to meet commitments while on different types of releases (Parole, Temporary Absences, Probation, Bail).
• Overall level of risk: determine an overall level of risk, taking into account the probability and seriousness of re-offending, the proposed risk management plan and the offender's level of commitment.

If parole is not recommended, explain the changes the offender can make to reduce his or her potential risk.

Community Strategy

• Notification to third party.
• Living arrangements: suitability.
• In the case of a Community-Based Residential Facility:
  • Whether the CBRF has reviewed the background information;
  • Acceptance or rejection by the facility;
  • Availability of bed space and the proposed date accommodation will be available for the offender;
  • The profile of the current population and programs at the CBRF (only if the facility is not well known by the NPB);
  • CBRF concerns and suggestions for conditions and approaches to supervision;
  • Leave privileges (each case should be reviewed to determine if leave privileges can be granted in accordance with NPB policy. If so, this should be clearly stated. If the recommendation is to expand or limit privileges, a rationale must be included).
• E mployment.
• Community support.
• Comments from police.
• Proposed supervision plan, including the objectives and programs envisioned.
• Proposed special conditions: Justify whether or not special conditions are required and provide the rationale for the necessity of each proposed special condition.
• Level of intervention (frequency of contacts to be applied upon offender's release to the community) (by completing Post-Assessment Level of Intervention within the Reintegration Potential Reassessment screen of OMS) .
• Consultation with the Parole Officer in the institution (name).
• Explain how the proposed community strategy will allow (or not allow) the level of risk to remain acceptable to society and indicate how the proposed special conditions are necessary for proper risk management.

If parole is not recommended, explain the changes the offender can make to reduce his or her potential risk.

Dissenting opinion:

• Include all dissenting opinions from all staff members involved with case preparation, as well as the underlying reasons for them.

Final Recommendation:

• Indicate your final recommendation and any relevant details associated with it (e.g., duration, destination, special conditions).

ANNEX H -
Sample letter from Inmate to initiate Section 84

[Offender's name] [Address] [City] [Postal Code]

[Date]

[Name of Aboriginal community]

Attention: [Agency or community contact]

[Address]

[City]

[Postal Code]

Re: Section 84 of the Corrections and Conditional Release Act (CCRA)

Dear [Agency or community contact] :

I am writing to you in regard to section 84 of the CCRA which states:

84) Where an inmate who is applying for parole has expressed an interest in being released to an Aboriginal community, the Service shall, if the inmate consents, give the Aboriginal community

1. a) adequate notice of the inmate's parole application; and
2. b) an opportunity to propose a plan for the inmate's release to, and integration into, the Aboriginal community.

Section 84 of the CCRA allows for Aboriginal communities to participate in the release planning and reintegration of their members before and after they are released.

Upon my release, I am planning to be release to [name of community] and am seeking your assistance with my release and reintegration plans. I would appreciate it if you could support me by approving a representative from the community to assist me with this process.

I am committed to re-establishing myself in the community. I would like to provide you with further details about myself, my plans and ways in which you can facilitate this process. Please respond to this request in writing at the above address.

I look forward to your reply.

[Salutation]

signature

[Offender's name]

c.c. Institutional Parole Officer/Primary Worker

Area Manager Parole

File

ANNEX I -
Sample letter from IPO to inform Community of Section 84 process

Dear Sir/Madam:

I am writing to provide you some information about the provision of section 84 of the Corrections and Conditional Release Act .

You should by now have received a letter from xxx who is an offender at xxx Institution. (A copy of [offender name] letter is attached for your convenience.) Mr. [offender's name] has been sentenced to a period of incarceration in a federal institution. He/she will be eligible to make application to the National Parole Board for Day Parole on xx, and to make application for Full Parole on xx.

In order to be safely released into the community the Parole Board will consider a number of factors. An important factor is the work Mr. Xx has done while in the institution to address the factors leading up to his/her criminal behaviour in order to reduce the risk of re-offending. Another is the community environment to which he/she will be released, and the programs, services and support that will be available to him/her.

Section 84 of the Corrections and Conditional Release Act makes special provision for inmates applying to be released to an Aboriginal community. It says that, where an offender is applying for release to an Aboriginal community, and he/she consents, CSC must inform the Aboriginal community of this application and provide the community with an opportunity to propose a plan for his/her release into the community. I have attached a brochure that provides more detailed information on section 84 as well as a series of questions and answers to help you understand how it works.

Section 84 does not obligate the community to prepare a plan, however we believe that good community involvement and support for an offender are important to success upon release. I encourage you to work with Mr. Xx and myself in preparing such a plan. To give you an idea of what such a plan might involve I have attached a copy of a guide designed to assist communities in this process.

Please feel free to contact me if you have any questions. I can be reached at xx.

Yours sincerely,

[Parole Officer's Name]

Attachments: Questions and Answers on Section 84

Guide to Preparing a Release Plan under Section 84

ANNEX J

GUIDE TO PREPARING A RELEASE PLAN UNDER SECTION 84

The Correctional Service of Canada, as part of the criminal justice system and respecting the rule of law, contributes to the protection of society by actively encouraging and assisting offenders to become law abiding citizens, while exercising reasonable, safe, secure and humane control.

When an offender is being considered for release, the Correctional Service of Canada must consider all factors affecting the safety of the community. CSC uses the term 'risk to re-offend' when assessing the likelihood an offender will commit another offence. The factors that will reduce the likelihood of an offender committing another offence are:

• Program participation in the institution;
• Positive changes in attitudes and values on the part of the offender;
• Support and programming in the community to complement what has been accomplished in the institution;
• Supervision to ensure the offender is following his or her release plan.

When creating a release plan to assist an offender in reintegrating into your community it is important to consider what type of progress the offender has made in addressing the causes of his/her criminal behaviour. The information provided outlines the progress the offender has made in addressing the factors that resulted in his/her current incarceration. The release plan should complement and maintain the work the offender has done in the institution. The plan you provide will be presented to the National Parole Board to assist them in making their decision with regard to the offender's conditional release.

We encourage you to work in collaboration with the community and institutional Parole Officers. If you require any assistance or have any questions please feel free to contact the Parole Officer who sent this information or if you are familiar with a community Parole Officer in your area, feel free to call and ask questions.

The attached questions can assist you in preparing a plan for release. A release plan is put in place to provide support and assistance so that the offender can successfully complete their sentence in the community. The programs/resources available should be able to address the factors that contributed to their incarceration, for example, substance abuse, violent behaviour, employment and education.

* Please note that proposing a release plan does not imply any legal obligations or responsibility on the part of the Aboriginal community for this offender while on a conditional release. Offenders continue to be supervised by the Correctional Service of Canada. Although provisions can be made for the community to accept increasing responsibilities for the supervision of offenders, these must be discussed thoroughly with CSC based on the individual cases.

ANNEX K -
QUESTIONS TO CONSIDER WHEN DEVELOPING A RELEASE PLAN UNDER SECTION 84

The following questions address the types of issues that most offenders will face on release. They are intended to guide communities in the preparation of a release plan. The questions are not all inclusive, and there may be other issues in your community that need to be addressed specifically. The way in which you present your plan is up to you; however you should feel free to contact CSC for any advice or assistance in setting up your plan.

1. What programs or resources do you have available in your community? For example: Elders, NNADAP Worker, AA meetings, Mental Health Workers, etc. How do these resources respond to the particular needs of the offender? How will the offender access these services?
2. Are there any employment opportunities available to the offender? Any industry in the community where there are often job openings? Can you include any contact information, telephone number?
3. Where will the offender live when he/she returns to your community? Who would he/she be living with? In the case of Day Parole, does the Justice Committee support anyone to contract a Private Home Placement?
4. Identify any possible community support people that the offender could contact on a regular basis. Please include telephone numbers and/or addresses.
5. If the offender cannot find employment, what are other options for the offender to meet his/her financial needs? For example: social assistance. Please include contact information such as a telephone number.
6. What safety issues exist in the community for both the offender and, if applicable, the victim? What measures will be taken to ensure these safety issues are addressed? If there are concerns, what method can be used to address those concerns? For example: Reintegration Healing Circles.
7. What process is in place to monitor the offender's compliance with the proposed plan? Who can be a liaison to collect and provide this information to the supervising Parole Officer? To what extent is the community willing to take on the responsibility for monitoring the offender's behaviour? (CSC can contract for certain elements of supervision. The community may wish to take on some responsibilities for supervising. These should be discussed with the Parole Officer.)
8. What are the expectations of the community with respect to the offender's behaviour in the community? What measures does the community propose to implement to ensure the offender abides by these expectations?
9. Does the community wish to consider having the offender participate in activities or ceremonies in the community prior to release in order to help in the preparation of the plan, or to assist the offender in the process of returning to the community?
10. Does anyone wish to attend the National Parole Board hearing in support of this offender? If YES, please provide names and telephone numbers, address.
11. Is there any additional information that should be presented, or concerns that you may have?

ANNEX L -
Sample letter from Inmate following up on Community response (SECTION 84)

[Offender's name] [Address] [City] [Postal Code]

[Date]

[Name of Aboriginal community]

Attention: [Chief and Council; or other]

[Address]

[City]

[Postal Code]

Re: Section 84 of the Corrections and Conditional Release Act (CCRA)

Dear [Chief and Council or other] :

  Further to your letter dated [insert date of correspondence] regarding section 84 of the CCRA, I am providing you with information about myself, my offence [optional] and my future plans. I have also attached a letter of support from [name and title].

Prior to my incarceration, I … [include where you lived and what you were doing]. Currently, I am incarcerated at … [name of institution] for the following offence(s) [state offence type(s) - optional]. I have been involved in a number of programs and activities since my arrival including: [list programs and activities]. This has allowed me to … [discuss what you have learned from these programs and activities and what impact they have had on you].

I look forward to returning to my community because … [list some reasons why you want to return (or go) to the community and what are your intentions]. My plans for my release and reintegration include … [list other plans, e.g., employment, training, education, programs, personal growth/development, spiritual development (access to Elders, ceremonies), other.]. I will require some assistance with preparing and carrying out these plans.

In order that you have the necessary information to assist me with my release and reintegration under section 84 of the CCRA, I have attached a consent form whereby you may access my Correctional Service of Canada files to obtain the information you require.

I look forward to further corresponding with you on this matter.

[Salutation]

signature

[Offender's name]

c.c. Institutional Parole Officer

Area Manager Parole

File

Note: Parole Officers should ensure relevant and appropriate information is sent by the offender.

ANNEX M -
QUESTIONS ON SECTION 84 

1. What is section 84 of the CCRA and what does it mean?

   Simply put, section 84 says that, where an inmate who is applying for a conditional release (parole or day parole) asks to be released to an Aboriginal community, it is the responsibility of the Correctional Service of Canada (CSC) to inform the community of this, and to give the community an opportunity to propose a plan for the inmate's release to that community. The Act defines community as "a First Nation, Tribal Council, Band, community organization or other group with a predominantly Aboriginal leadership".

   The community is not obligated by this legislation. The obligation is on the part of CSC to invite the community to participate.

   The legislation is designed to give Aboriginal people greater involvement into an offender's reintegration into their community. It puts into law a fundamental principle of good corrections: the community knows their members best, and the community knows best how to help a member who is an offender integrate safely and successfully into the community.

   There are many factors involved in a successful section 84 arrangement. Here are some of them:

   1. By law the offender must consent to the involvement of the community. The way we achieve this is for the offender to write to the community and ask that they become involved. The offender must also sign an authority to release information. This allows CSC to provide the community with the information it needs to make informed decisions and to prepare good plans for release.
   2. The National Parole Board makes decisions on parole applications. The Parole Board considers a number of factors when making the decision. These include the offence history of the offender, the current offence and the impact on the victim, the work done by an offender to deal with his/her criminal behaviour, and the supports and services that will be available in the community.
   3. A successful release plan cannot be completed by any one party in isolation with the other. There are four main participants in the development of a successful release plan:
   • the offender;
   • the Aboriginal community to which an offender proposes to be released;
   • the institutional Parole Officer who is responsible for providing information to the Parole Board on the work done in the institution, and the likelihood of a successful conditional release;
   • the community Parole Officer who will ultimately be responsible for ensuring that the offender follows the release plan once he is in the community.

2. How does an inmate apply for section 84 ?

   Where CSC has the name of a contact that will represent the community, the inmate will write to this identified contact to ask the community to become involved in the release planning process. CSC will formally notify the community of the inmate's upcoming parole dates. This notification would normally be made to the individual identified by the community. If no person or position has been designated, the inmate will write directly to Chief and Council, and CSC will notify Chief and Council.

   It is important for CSC to have a contact person in the community who will be responsible for coordinating the development of release plans. This person (or group) must be authorized to speak on behalf of the community. These people may be those involved in Justice Committees, or they may be the Social Worker.

   The decision should be based on the role the individual plays in the community, and the experience that person has dealing with Justice or Corrections issues.

3. At what point should the community interact with the inmate in the process of invoking section 84 ?

   As soon as the inmate has made contact with the community, and the community has agreed to becoming involved in the process. The earlier this takes place the better. In fact, where it is at all possible, involvement could begin at the point where CSC carries out the Intake Assessment. During the intake assessment process, a Correctional Plan is created. This plan identifies the activities to be undertaken throughout the sentence. This includes both within the institution, and the portion of the sentence that is served in the community. If community involvement is possible at this stage, and at other times throughout the sentence, good release planning is made easier.

   At a minimum, the community needs to be informed and involved at the time an inmate begins to prepare his or her case for a parole application. CSC must meet strict time frames for presentation of applications to the National Parole Board. The release plan prepared by the community forms part of that application.

   It is important to understand the length of the sentence — planning can take some time, but it will not result in an earlier possible release than the offender's eligibility dates for a conditional release.

4. Can an inmate have an escorted temporary absence into the community before being released?

   Yes, subject to meeting legal and security requirements. This provision gives an opportunity for the offender and the community to prepare good release plans. Some communities have used a Circle process to seek information from the inmate and the Parole Officer to learn about the inmate's healing efforts in the institution.

   The process could involve more than one temporary absence.

5. What elements need to be in a release plan? To who is the plan submitted?

   A good release plan needs to address several issues. These are the kinds of questions communities should consider when preparing a release plan:

   • What programs or resources do you have available in your community? For example: Elders, NADAP Worker, AA meetings, Mental Health Workers, etc. How do these resources respond to the particular needs of the offender? How will these resources be accessed by the offender?
   • Are there any employment opportunities available to the offender? Any industry in the community where there are often job openings?
   • Where will the offender live when he returns to your community? Who would he be living with? In the case of Day Parole, does the Justice Committee support anyone to contract a Private Home Placement?
   • Identify any possible community support people that the offender could contact on a regular basis.
   • If the offender cannot find employment, what are other options for the offender to meet his financial needs? For example: social assistance.
   • Are you aware of any victim issues regarding the offender returning to your community? If there are concerns, what method can be used to address those concerns? For example: Reintegration Healing Circles.
   • What are the expectations of the community for the offender to comply with the proposed plan? Does the community have ways in which it would like to see compliance enforced? Who can be a liaison to collect and provide this information to the supervising Parole Officer? To what extent is the community willing to take on the responsibility for monitoring the offender's behaviour? (CSC can contract for certain elements of supervision. The community may wish to take on some responsibilities for supervising. These should be discussed with the Parole Officer.)
   • Does the community wish to consider having the offender participate in activities or ceremonies in the community prior to release in order to help in the preparation of the plan, or to assist the offender in the process of returning to the community?
   • What are the expectations of the community with respect to the offender's behaviour in the community? Are there measures that the community wishes to propose in order to ensure the offender abides by these expectations?
   • What safety issues exist in the community for both the offender and, if applicable, the victim? What measures will be taken to ensure these safety issues are addressed?

   The plan is submitted to the institutional Parole Officer.

6. How can a community ensure an offender isn't released into their community without their knowledge?

   It is important for CSC to have the name of a contact point representing the community. If the community is developing a plan under section 84 then the community is involved in the release process and the community representatives will know because of their involvement.

   If the community is not involved in developing a release plan, CSC will conduct a Community Assessment prior to the release. Once we determine who the community representative is, CSC can consult that person to contribute to the Community Assessment. At the same time, arrangements can be made to inform the community of the results of the Parole Hearing.

   Inmates may also be released on Statutory Release which is an automatic form of release and in these cases there may not be a release plan established with the community. In addition, offenders on parole may seek permission to travel to a First Nation to visit someone, for example, or they may seek permission to move there. Sometimes travel arrangements are made on short notice.

   CSC recognizes its responsibility to inform Aboriginal communities and will make every effort to do so. Again, having a consistent point of contact is important for the parole office responsible for providing this information. At the same time, where offenders do arrive unexpectedly, we encourage the community representative to contact the area parole office to discuss ways of preventing this in the future.

7. Are there other ways the community can participate in parole hearings?

   Yes, the Parole Board welcomes observers at hearings. The offender can also indicate a wish to have assistants at the hearing. These can be community members who have been involved in the release planning. Under certain circumstances the Parole Board will conduct community panels in Aboriginal communities. These hearings can be done in a Circle process, and can involve input by community members.

8. If a community has been involved in a section 84 with one offender, is it obligated to accept applications from others in the future?

   No. Section 84 arrangements are considered on a case by case basis.

9. If a reserve is situated nearby a municipality that offers programs or services a member offender may require, can access to some of these services be included in a proposal (i.e. course fee, transportation to town)?

   Provision can be made for payment of services where it is required in a release plan. Where services are provided, the offender on conditional release will access them. If participation requires payment of a fee, that cost should be reflected in the plan. Transportation costs should also be included.

   Including these costs will not guarantee that the costs will be covered. The decision to cover these costs has to be made on the basis of how the course or program addresses the offender's needs and on the availability of funds.

10. How can a community involve the victim(s) in the process of applying section 84 ?

    CSC and the National Parole Board will work with the community to involve the victim where the community determines this to be important. (CSC and NPB may have legal responsibilities toward the victim that must be respected.) The manner in which the victim may be involved can be proposed by the community.

    It is important that both the community and CSC ensure that any involvement between victim and offender is carefully considered and planned to ensure the safety and rights of both parties are protected. If this involves a meeting between the victim and the offender factors that must be taken into account include as a minimum:

    • Voluntary participation on the part of both the offender and the victim;
    • Any preparatory work needed to prepare both the offender and the victim;
    • A safe environment for both victim and offender;
    • The skill and experience of the parties involved in bringing the victim and the offender together.

    If the victim wishes to only receive information, then upon receiving this indication in writing, CSC or the National Parole Board will keep them informed of hearing and release dates.

11. What is the average length of time it takes to invoke section 84 , from the time a community first becomes involved to the time an offender is released into its care?

    There is no average length of time. The time involved depends on when the community becomes involved and, to some extent, the length of the offender's sentence. Offenders receive a sentence from the courts. Depending on the sentence, the offender is eligible for a conditional release at specific dates if granted by the National Parole Board. Refer to CD 712-1, paragraphs 22 and 23 for explanation on Day Parole and Full Parole eligibility dates. Offenders eligible for a Statutory Release will normally be released after serving 2/3 of their sentence.

    CSC has specific timelines it must follow before a case is presented to the National Parole Board. Once the Parole Board receives an application or proceeds with an automatic review for parole, a six month review date is set and the offender is scheduled to be seen the month prior. Further, the information for the review must be in to the Board no later than 21days before the scheduled hearing.

12. What are the possible courses of action if an offender violates one of the (less serious) conditions of his parole in the community, under section 84, i.e. what authority is vested in the community (CJC or Band council)? E.g. stops attending AA or NA meetings.

    When an offender is released on Conditional Release, the CSC is normally responsible for parole supervision. The Parole Officer has certain authorities to suspend a conditional release, but ultimately, the final authority to end conditional release rests with the National Parole Board. In certain cases, parole supervision can be provided under contract. The specific responsibilities and authorities are established in the contract.

    Where a community has an offender through a section 84 arrangement, the respective responsibilities and authorities of the community need to be established with the Area Parole Office. They will vary depending on the circumstances and the wishes of the community. In all cases, the community needs to work closely with the Parole Officer responsible for supervision of the offender.

    CSC has a number of options available when an offender violates conditions of his or her parole beyond a cancellation of the parole. The primary consideration in applying these options is that the measure gives an assurance that it will correct the behaviour, and will protect against the commission of another offence.

    These options might include:

    • Getting a further commitment from the offender to adhere to the conditions in the future and discuss consequences of further failures;
    • Assess the condition and determine if other approaches might be more suitable (for example, meeting with another resource or person, for example the NAADAP worker).
    • Supervision by the Parole Officer may be increased.
    • Ultimately, if alternatives do not result in adherence to conditions, and the offender's behaviour is linked to his pattern of offending the Parole Officer can temporarily return the offender to an institution. The offender may be required to take programming while in the institution, and, if progress is made, a decision can be made to return him/her to the community. All of this will be done in consultation with the community.

13. How would section 84 be applied in an urban setting?

    The Corrections and Community Release Act defines Aboriginal community as "a First Nation, Tribal Council, Band, community organization or other group with a predominantly Aboriginal leadership". This means that a non profit community agency, for example, could be asked to prepare a release plan. It would be up to the offender to identify the agency or group.

    Remember that the intent of this legislation is to promote the involvement of the Aboriginal community in the release process. The ultimate outcome is that the release will be done in a manner that protects the community and gives a better chance of success for the offender. CSC will work with any urban organization or group that wishes to present a plan that will achieve these objectives. In an urban setting this group may not necessarily represent the larger community, but the important consideration is that the group be a credible one, and that the plan promotes safe reintegration.

14. Many communities believe section 84 is merely a means of offloading by CSC. What funding does CSC provide for the application of section 84 ?

    Section 84 was established in law and is a statute that governs CSC. It was developed to respond to concerns that the Aboriginal community did not have opportunity to become involved in corrections issues that affected Aboriginal people.

    Section 84 is based on the premise that community involvement in the reintegration of offenders is an effective means to restore balance and make reparation for harm done. It promotes and provides opportunity to apply restorative justice principles where Aboriginal offenders and communities are involved.

    CSC has no financial resources to support the development of release plans. CSC will provide whatever support, training and assistance that it can to communities and CSC will work with communities as plans are developed.

    Once a plan is developed and accepted, provisions can be made for the payment of services that are called for, provided these services are not already funded through other funding arrangements.

ANNEX N -
COMMUNITY STRATEGY CONTENT GUIDELINES

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