COMMISSIONER'S DIRECTIVE

Release Process

Policy Bulletin 202

ANNEX A - Assessment for Decision Content Guidelines - Early Discretionary Release

ANNEX B - Assessment for Decision Content Guidelines - Temporary Accommodation

ANNEX C - Content Guidelines for Casework Records - Pre-Release to record tele-conference between institutional and community Parole Officers

ANNEX D - Allowances Upon Release

ANNEX E - Penitentiaries Designated for the Purposes of a Residency Order

ANNEX F - Notice of Detention Order under s. 105 of the Immigration Act (1995)

POLICY OBJECTIVE

1. To assist in the safe reintegration of offenders through clear, concise direction on the release process to support offenders' transition to the community while ensuring public safety.

AUTHORITIES

2. Corrections and Conditional Release Act (CCRA):

s. 25 - Information Sharing
s. 84 - Aboriginal Offenders
s. 92-93 - Release of Inmates
s. 94(1) - Temporary Accommodation in Penitentiary
s. 129 - Detention
s. 131(3)(a) - Annual Review of Detention Order

Corrections and Conditional Release Regulations (CCRR):
s. 161(1) - Conditions of Release

CROSS-REFERENCES

3. CD 712 - Case Preparation and Release Framework
CD 715 - Community Supervision
CD 784 - Information Sharing Between Victims and the Service
Specific Guidelines for Methadone Maintenance Treatment (CSC, November, 2003)

ROLES AND RESPONSIBILITIES

4. The Institutional Head will ensure procedures are in place to facilitate the safe release of offenders.

5. District Directors will ensure that a process is in place in each district to enter into the Offender Management System (OMS) the name of the community Parole Officer who will be supervising the offender at least two weeks before his or her release, or as soon as practical.

6. The Institutional Head or District Director will ensure that every offender released on Day Parole, Full Parole, Statutory Release, or on a Long-Term Supervision Order, receives a certificate of release.

7. The Institutional Head will ensure that the offender is assisted in obtaining relevant documentation including health care coverage, social insurance number and birth certificate as well as a short term supply of any necessary medication.

8. The Institutional Head will ensure compliance with the process to manage the release of High Profile Offenders. High Profile Offenders include those whose offence involved the death of or serious harm to other person(s) and received significant public attention or whose offence was non-violent but generated significant media attention and/or a significant number of victims (e.g., a large-scale, multi-million dollar fraud).

9. The Institutional Head will ensure that a process is in place to facilitate the completion and distribution of a Warrant Expiry package.

10. The Institutional Head or District Director, prior to the release of an offender on an Unescorted Temporary Absence, Day Parole, Full Parole, Statutory Release, or on a Long-Term Supervision Order, will ensure that:

1. the police force that has jurisdiction at the destination of the offender is notified; and
2. the police are provided with all information under CSC control that is relevant to release decision-making or to the supervision or surveillance of offenders.

11. The institutional Parole Officer/Primary Worker will liaise with the community Parole Officer to ensure that offenders are provided with continuity of service and support.

12. In the case of an Aboriginal offender who is being released pursuant to an agreement under section 84 of the CCRA, or otherwise, the institutional and community Parole Officers will work cooperatively with the Aboriginal Liaision Officer (ALO) and the Aboriginal Community Development Officer (ACDO) to ensure a smooth transition to the community.

13. The ALO will assist Aboriginal offenders in obtaining their treaty/status card, if applicable.

14. The institutional Parole Officer/Primary Worker will meet with the offender prior to any release to fully explain the nature and scope of any special conditions, their justifications, and the possible consequences that might arise in the event of non-compliance.

15. All staff are required to comply with the procedures outlined below for the release of offenders.

RELEASE DECISIONS

16. Mandatory conditions of release will appear on the certificate of release.

17. Offenders may make application to the National Parole Board (NPB) to request that a condition of release be removed, changed, or vary its application. The NPB may amend a condition when it is no longer relevant, it impedes the release plan, or its amendment is justified by a change in the level of risk or in the measures needed to facilitate reintegration of the offender.

18. When recommending a change or removal of a condition, the Parole Officer/Primary Worker will complete an Assessment for Decision.

EFFECTIVE DATES OF RELEASE

19. When an offender cannot be released on the eligibility date or the date specified by the NPB, the Parole Officer/Primary Worker will notify the NPB by means of an Assessment for Decision Addendum outlining the reasons for the delay and recommending a new release date.

20. When a decision is made to grant a release on or after the eligibility date, the NPB may specify the effective date of release.

Accelerated Parole Review

21. When Day Parole is directed, the offender is to be released on his or her actual Day Parole Eligibility Date.

22. When Full Parole is directed, the offender is to be released on his or her actual Full Parole Eligibility Date, or on the first working day thereafter when the parole eligibility date falls on a holiday or weekend.

23. If the Day or Full Parole Eligibility Date falls on a weekend or holiday, the Institutional Head may grant an Unescorted Temporary Absence prior to the established parole eligibility date if the offender is eligible and if a delay in release would create undue hardship for the offender, or to accommodate Community-Based Residential Facility (CBRF) admission requirements, or to facilitate transportation.

Regular Day and Full Parole

24. When Day or Full Parole is granted, the offender is to be released on or after his or her eligibility date.

Statutory Release and Warrant Expiry

25. Offenders will be released on the last regular working day prior to the scheduled release date.

Following Cancellation of a Warrant of Suspension or Revocation of Conditional Release

26. Following cancellation of suspension or revocation of a release, release procedures will commence without delay. If a termination or revocation decision results in an immediate release, the offender is released at the earliest practical time following receipt of the notification of the decision from the NPB.

RELEASE PROCESS

27. Sentence Management will conduct a check for outstanding warrants of arrest just prior to release when the release date is scheduled more than two weeks following the decision date.

28. Where the police check reveals outstanding warrants, Sentence Management will advise the responsible Parole Officer/Primary Worker, who will include this new information in an Assessment for Decision or in an addendum for submission to the NPB prior to release.

29. Referrals to available community resources may be necessary to ease the transition to community living for offenders with special needs, for example, those prescribed methadone and those who have mental health needs.

30. Arrangements will normally be made for release on a weekday. In the case of Statutory Release with residency, it is preferable that the offender is released prior to a Friday in order to facilitate contact with the CBRF and parole office staff.

31. Normally, two weeks prior to the release of the offender, the Parole Officer/Primary Worker will request and complete a teleconference with the assigned community Parole Officer. The case management staff participating in the teleconference will be familiar with the case.

32. Where possible, and appropriate, the Parole Officer/Primary Worker will provide an opportunity to the offender, prior to release, to discuss his or her immediate needs/concerns with the community Parole Officer. Other key elements of the discussion, which the community Parole Officer will record in a Casework Record, may include:

1. the release conditions and reporting instructions;
2. the Community Strategy, including program referrals and expectations for the offender while he or she is under supervision; and
3. the willingness of the offender to participate fully in the release plan.

33. In the event that the offender does not have an opportunity to discuss the above matters with the community Parole Officer, the Parole Officer/Primary Worker will review them with him or her prior to the teleconference.

34. During the teleconference between the Parole Officer/Primary Worker and the assigned community Parole Officer, the elements in Annex C will be confirmed, as applicable.

35. The institutional Parole Officer/Primary Worker will record the results of the teleconference in a Casework Record, Pre-Release Review.

36. Any changes to the approved release plan will be reported to the NPB by way of an Assessment for Decision Addendum unless there is a change in the recommendations, in which case, a new Assessment for Decision is required.

37. When recommending a change in, or removal of, a condition, the Parole Officer/Primary Worker who completed the original Assessment for Decision will complete a new Assessment for Decision and forward it to the NPB for decision.

38. The Institutional Head will ensure that the following is completed prior to effecting the release of an offender:

1. provide the offender with an updated Identification Card;
2. distribute the release certificate to the appropriate authorities within the established timeframes;
3. identify and confirm any health care needs (including methadone maintenance) and ensure that the offender is provided with adequate medication (e.g. two-week supply) and health care coverage from the province of release;
4. update the Standard Profile;
5. update Next of Kin/Emergency Contacts on OMS; and
6. in cases where a condition to reside on Statutory Release in a penitentiary or a CCC has been imposed, ensure that the consent form has been received from the Regional Deputy Commissioner (CSC/SCC 1218).

39. On the day of release, the Institutional Head will ensure that the supervising office is contacted confirming the time the offender was released, the mode of transportation being used, and the estimated time of arrival of the offender.

40. An offender ordered to reside in a designated penitentiary or a psychiatric facility during an annual detention review pursuant to subparagraph 131(3)(a)(ii) of the CCRA, will be transferred to that facility. Annex D specifies those penitentiaries currently designated for the purposes of a residency order.

41. All offenders released on Statutory Release, or at Warrant Expiry Date for offenders who are subject to a Long-Term Supervision Order, with a residency condition, including those who are ordered to reside during an annual detention review pursuant to subparagraph 131(3)( a )(ii) of the CCRA, will be accompanied to the CBRF unless the Institutional Head decides otherwise.

42. In cases where residency is not ordered and the offender's transition to the community is expected to be difficult, it may be beneficial for the Institutional Head to provide accompaniment of the offender to his/her release destination. This may be beneficial to long-term offenders, and offenders who have mental or physical health issues, language/cultural barriers, etc.

43. The person(s) accompanying the offender may be a CSC employee or a private individual approved by CSC for this purpose. The use of private agencies, Elders or spiritual advisors can be invaluable in assisting offenders in reaching their release destination.

44. When an offender who is being accompanied becomes separated from the designated person, the releasing institution and the supervising parole office must be immediately advised. The circumstances will dictate if a suspension warrant will be issued immediately.

45. If the offender fails to arrive at his or her release destination within a reasonable period of time, a suspension warrant will be issued and the police notified.

46. If an offender refuses to be accompanied, CSC cannot force the accompaniment, as the refusal does not necessarily mean that the offender will not arrive at his/her release destination. However, the local police authority and the supervising parole office will be immediately notified of the concerns.

Release Process - Day Parole - Offenders Subject to an Immigration Order

47. An offender who is subject to a detention order issued under s. 105 of the Immigration Act (1995) is eligible for Day Parole and, as applicable, to an Accelerated Day Parole Review.

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

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

50. On the Day Parole commencement date, the offender will remain in custody on the strength of the detention order issued under s. 105 of the Immigration Act.

51. As soon as possible after the decision to grant Day Parole is rendered, the offender is to be advised of the continued detention requirements and provided with a copy of the Notice of Detention Order under s. 105 of the Immigration Act. The offender is also to be advised that he/she is entitled to contact a lawyer immediately.

52. The local Immigration Office is to be notified, in writing, of the date that the offender's Day Parole will take effect and that the offender's continued detention from that point is based solely on the s. 105 detention order. The date that this notification took place and the name of the Immigration Officer contacted should be recorded in a Memo to File in OMS.

53. When an offender is detained solely on the detention order, he or she is entitled to periodic reviews of the order by an Immigration adjudicator. CSC institutions will provide adequate facilities in which to conduct these hearings. These hearings may also be conducted by teleconferencing and video conferencing where available.

54. In the event that a hearing is to be conducted outside of a CSC institution, Immigration will escort and transport the offender to and from the hearing. If, in such cases, the offender is ordered released at the adjudication hearing, the offender is to be returned to the institution to have the release on Day Parole processed.

55. If, as a result of an adjudication hearing held at a CSC institution, the s. 105 detention order is lifted and the offender is ordered released by the adjudicator, the release on Day Parole should be effected:

1. immediately, in the case of Accelerated Parole Review offenders; and
2. as soon as possible, in regular Day Parole cases.

56. Offenders that have had a Day Parole directed, or have been granted Day Parole, and are not released because of an Immigration detention order should:

1. be maintained as inmates on the institutional register and count system;
2. not be issued with a Day Parole certificate and not be shown in OMS at a supervised status; and
3. continue to receive inmate pay, maintain their employment status, and continue with programming.

CERTIFICATES OF RELEASE

57. Following confirmation of the release plan, the Institutional Head will ensure that a release certificate is prepared and that all details of the NPB decision, including dates and conditions, are verified and accurately reflected on the certificate. The Police Notification status on the certificate will automatically be set to "Pending" in OMS.

58. On the day of release, the Police Notification status on the certificate will be manually changed from "Pending" to "Ready to Transmit". (Note: After the notification has been electronically sent to the police, the status will automatically change to "Transmitted.")

59. In exceptional circumstances, where it is impossible to notify the police via OMS, the Parole Officer/Primary Worker will notify the destination police agency by telephone and, where circumstances permit, by facsimile or other means, prior to the commencement of the release.

60. Separate release certificates are issued for Day Parole, Full Parole, Statutory Release, or offenders who are subject to a Long-Term Supervision Order.

61. Prior to issuing a Statutory Release Certificate, the institutional Parole Officer/Primary Worker will verify the offender's confirmed release date and the latest sentence calculation with Sentence Management.

62. In the case of a Day Parole release to a CBRF, the Institutional Head will ensure that arrangements are made with the parole office staff to determine the day of admission prior to issuing the certificate of release.

63. The Institutional Head will ensure that, prior to releasing an offender:

1. the terms and conditions will be explained to the offender emphasizing that failure to report to the supervising office by the prescribed date and time may result in the suspension of release;
2. the offender will sign the certificate to indicate that he/she understands and accepts the terms and conditions of release with the emphasis on the offender's responsibility to report to a specific CSC Parole Office immediately upon arrival.

64. An offender who refuses to sign his or her certificate will be released notwithstanding the refusal. The offender's refusal to sign will be noted on the certificate; the conditions continue to apply.

INTERREGIONAL CONDITIONAL RELEASE

65. Whenever an offender is released from an institution where the file is in a language different from the predominant official language of the supervising office, the releasing institution will ensure that the pertinent file information is translated before the release. The information to be translated should include, but not be limited to, the following:

1. the Correctional Plan;
2. the most recent Correctional Plan Progress Report and Assessment for Decision; and
3. any information that would significantly affect the potential interventions with the offender such as the program performance report on offenders, and any current psychological/ psychiatric report.

EARLY DISCRETIONARY RELEASE

66. In accordance with section 93(2) of the CCRA, the Institutional Head may release an offender up to five calendar days before the day on which the offender is entitled to be released when the Institutional Head is satisfied that an offender's re-entry into the community on Statutory Release or expiration of sentence will be facilitated by an earlier release than the scheduled release date. The "up to five calendar days" are counted back from the day before the statutory release date or the warrant expiry date.

67. Early Discretionary Release (EDR) will be considered for all offenders who are being released on Statutory Release, or at Warrant Expiry Date. For offenders who require more structured monitoring in order to maximize reintegration and public safety, EDR allows for proper follow-up to take place within days of release and prior to the weekend when key staff members and important community resources/services are generally unavailable.

68. Sentence Management will be consulted regarding the impact of an EDR and will be notified if the release is authorized.

Friday Releases

69. The institutional Parole Officer/Primary Worker, at the time of completing the Correctional Plan Progress Report (CPPR) to request a Community Strategy (CS) six months prior to the offender's Statutory Release date, will indicate in the report if the offender's Statutory Release date falls on a Friday, or if the offender is being released prior to a holiday.

70. If the CPPR indicates that the offender's release falls on a Friday or prior to a holiday, the community Parole Officer will assess this factor while taking into consideration the following elements (but not limited to):

1. a. offender's need level;
2. offender's reintegration potential;
3. mental health issues;
4. community support available to the offender;
5. secured accomodation at time of release;
6. level of community functioning; and
7. programming needs.

71. An assessment of the impact of the Friday release will be documented in the Community Strategy. If an EDR is being proposed, the community Parole Officer will discuss the plan with the institutional Parole Officer/Primary Worker. The plan (i.e., suggested release date, case management intervention, benefits of an earlier community re-entry, etc.) will be included in the Community Strategy. A recommendation for the Institutional Head's decision will also be included in the Assessment for Decision completed by the community Parole Officer. The report will be prepared by following the guidelines contained in CD 712-1, Pre-Release Decision-Making, Annex F, Combined Community Strategy and Assessment for Decision Content Guidelines - Statutory Release with Special Conditions, as well as the EDR guidelines in Annex A.

72. When an EDR has been recommended by the community Parole Officer, the institutional Parole Officer/Primary Worker will discuss the proposed plan and recommendation with the offender. If the offender agrees to the proposed EDR, he or she will submit an application (CSC/SCC 1075) that outlines the reasons for requesting the release. In the event the offender does not agree, the institutional Parole Officer/Primary Worker will notify the community Parole Officer and complete a Casework Record. A decision will still be required by the Institutional Head in order to close off the pending decision in the Offender Management System.

73. When an offender has not agreed to an EDR at the time of case preparation for Statutory Release, the institutional Parole Officer/Primary Worker, subject to the offender's consent, will bring forward the case 30 days prior to release to the Institutional Head's attention for decision-making purposes. When applicable, the CPPR will be updated. In these instances, the institutional Parole Officer/Primary Worker will consult with the community Parole Officer, if new information is available, in order to confirm the relevancy of the plan and recommendation for EDR.

74. If an EDR was not supported at the time of the completion of the Community Strategy, and new information comes to light which would warrant an EDR as a means to avoid a Friday release, the institutional Parole Officer/Primary Worker will discuss this with the community Parole Officer. The institutional Parole Officer/Primary Worker will follow-up with the decision process for EDR if one is being supported as a result of the new information and the offender submits an EDR application. The results of the case conference with the community Parole Officer will be documented by the institutional Parole Officer/Primary Worker in a Casework Record, and, if applicable, the Assessment for Decision.

Early Discretionary Release Prior to Warrant Expiry Date

75. In the case of a release at Warrant Expiry Date, normally, the offender will submit an Application for Early Discretionary Release (CSC/SCC 1075) 120 days prior to expiry of sentence, outlining the reasons for requesting an EDR. Refer to the section below pertaining to Warrant Expiry Releases.

76. Although a Community Strategy is not needed for such cases, the institutional Parole Office will contact the Area Manager nearest to the release destination for an opinion regarding an EDR.

77. If the offender has applied for an EDR, the institutional Parole Officer/Primary Worker will submit an Assessment for Decision to the Institutional Head, containing a recommendation for an EDR, at least 90 days before the anticipated release date. The institutional Parole Officer/ Primary Worker will complete the report using the content guidelines in Annex A.

Early Discretionary Release - General Process

78. An offender whose case has not been dealt with under either of the two preceding sections, or who did not apply for EDR prior to the usual case preparation for Statutory Release, may submit an application up to 90 days prior to release.

79. Upon receipt of the EDR application, the institutional Parole Officer/Primary Worker will complete a CPPR to request a Community Strategy.

80. The community Parole Officer will complete the Community Strategy taking into account the same elements as outlined under "Friday Releases". Before finalizing the report, the community Parole Officer will contact the institutional Parole Officer/Primary Worker and discuss the EDR plan. The plan (i.e., suggested release date, case management intervention, benefits of an earlier community re-entry, etc.) will be included in the Community Strategy. A recommendation for the Institutional Head's decision will be included in the Assessment for Decision completed by the institutional Parole Officer. The report will be prepared by following the guidelines contained in Annex A.

Timeframes

81. The decision to release an offender up to five days prior to his or her Statutory Release date or expiration of sentence will normally be made at least 15 days before the requested date.

82. The offender will be informed in writing of the reasons for a negative decision within 10 days of the decision being made.

HIGH PROFILE OFFENDERS

83. If it is determined that the release of a High Profile Offender is likely to generate significant public interest, the Institutional Head or District Director will ensure that the Regional Administrators, Reintegration and Correctional Programs, and Communications, are advised of the upcoming release and that they are consulted about the preparation of a strategy and action plan.

84. The institutional Parole Officer/Primary Worker will counsel High Profile Offenders about the possibilities of a negative public reaction and assist them to develop strategies or skills to use when reintegrating into the community.

85. In addition to the regular release process identified herein, the Parole Officer/Primary Worker will complete a Memo To File in OMS titled "HIGH PROF" at two weeks prior to the offender's release, signed by the Institutional Head or the District Director, that includes at a minimum the following:

1. the offender's name and FPS;
2. a short summary of the case, including offence history;
3. public interest in the case from the time of arrest to present;
4. a short summary of the offender's classification history;
5. a short summary of key assessments (psychological/psychiatric);
6. concerns of probable interested parties and stakeholders (victims, police, community groups, individuals, etc.) and actions taken or anticipated to prepare community (any sensitive information should be documented in a Protected Information Report); and
7. any community dynamics that could impact the situation.

86. The Institutional Head or District Director will ensure that an e-mail has been distributed to the following persons alerting them to the completion of the Memo To File:

1. District Director of receiving community office;
   
   RHQ
2. Assistant Deputy Commissioner, Operations;
3. Regional Administrator (Reintegration and Correctional Programs); and
4. Regional Administrator, Communications;
   
   NHQ
5. Deputy Commissioner for Women, where applicable;
6. Executive Director, Executive Secretariat;
7. Assistant Commissioner, Correctional Operations and Programs (ACCOP);
8. Assistant Commissioner, Communications and Citizen Engagement;
9. Director General, Offender Programs and Reintegration;
10. National Director, Media Relations; and
11. Director General, Aboriginal Initiatives Branch, where applicable.

TEMPORARY ACCOMMODATION IN PENITENTIARY BEYOND STATUTORY RELEASE

87. In accordance with section 94(1) of the CCRA, eligible offenders may apply to remain temporarily in a penitentiary beyond their full parole or statutory release date. The Institutional Head is the decision-making authority to approve temporary accommodation in the penitentiary.

88. Offenders who remain in a penitentiary under the temporary accommodation provisions retain their statutory release status even though they are deemed to be inmates under the Act.

89. Temporary accommodation should never be used as an alternative to detention, nor will an offender's request for temporary accommodation result in CSC withdrawing a detention referral.

90. Offenders must submit their request for temporary accommodation in writing to the Institutional Head.

91. The responsible Parole Officer/Primary Worker will complete an Assessment for Decision to address the offender's application for temporary accommodation. See Content Guidelines in Annex B.

92. Circumstances where a request may be approved include, but are not limited to, the following:

1. the offender is nearing completion of a program;
2. the offender has not finalized release plans;
3. the timing of the release at Statutory Release would result in a temporary elevation in risk and the offender wishes to stabilize before being released to the community; and
4. there is a temporary elevation in risk posed by the offender and he/she wishes to stabilize.

93. The responsible Parole Officer/Primary Worker will advise Sentence Management of the decision to grant temporary accommodation, who will then notify the NPB as soon as possible.

94. An offender who has been granted temporary accommodation may subsequently request release. In such instances, the NPB will be informed immediately and the offender released on Statutory Release at the earliest practical time. Usual release procedures will commence.

RESIDENCY IN A PENITENTIARY FOLLOWING A DETENTION REVIEW

95. Following an annual review of a detention order, the NPB may order, pursuant to s. 131(3) (a) (ii) of the CCRA, that an offender reside on Statutory Release in a penitentiary. The pentitentiaries designated for such a purpose are listed in Annex E.

WARRANT EXPIRY RELEASES

96. Prior to the release of all offenders at Warrant Expiry, the CSC will assess whether or not there are reasonable grounds to believe that the offender poses a threat to any person. This review will take place 120 days prior to expiry of sentence in conjunction with an examination of the potential benefits of EDR prior to Warrant Expiry Date. See the applicable section above pertaining to EDR.

97. To determine whether an offender poses a threat, the institutional Parole Officer/Primary Worker considers the factors deemed relevant for detention reviews under s. 132 of the CCRA.

98. When it is determined that there are reasonable grounds to believe that the offender does pose a threat to the safety of any person in the community, the CSC will share information with the relevant police agency. The information must be provided to the police 90 days prior to the offender's Warrant Expiry Date, or as soon as is practicable ( s. 25(3 ) of the CCRA).

99. The Warrant Expiry release information packages will include a summary of past offences, information regarding the perceived threat and an explanation of why the CSC believes the offender to be dangerous. Only information believed to be relevant to the perceived threat, including information not available on OMS, is shared. The Warrant Expiry release packages should contain, at a minimum:

1. current photograph;
2. Assessment for Decision prepared for the original detention review;
3. copy of the NPB Decision from the original detention review;
4. Assessment for Decision prepared for the most recent annual detention review;
5. copy of the NPB Decision from the most recent annual detention review;
6. the criminal history and the details of the current offense(s). This information is normally found in the Criminal Profile Report and the FPS Sheet;
7. psychiatric and/or psychological reports related to detention and the assessment of risk;
8. copy of the Assessment for Decision prepared for the purpose of recommending EDR, if applicable; and
9. any other information believed to be relevant to the perceived threat.

100. Offenders can comment on the contents of the information package on the Notification of Provision of Information to Police Prior to Warrant Expiry Date (CSC/SCC 1225). The institutional Parole Officer/Primary Worker will ensure that the offender has copies of the reports contained in the proposed release package.

101. Offenders will be permitted two working days to submit any representation on the contents of the release package. Only comments pertaining to the relevancy of the information as it relates to the threat he or she poses to any person will be considered.

102. The institutional Parole Officer/Primary Worker submits the information package and any offender comments on the package to the Institutional Head for review and the final decision with respect to the information to be included in the package. Any recommendation regarding EDR will be submitted at the same time.

103. The Institutional Head is responsible for the review and decision on any representations made by the offender, and for approval of the documentation to be included in the information package.

104. The final determination by the Institutional Head is communicated in writing to the offender by sharing a copy of the completed form CSC/SCC 1225 with him or her.

105. Upon approval, the information package and a copy of form CSC/SCC 1225 are forwarded to the relevant area parole office(s) and the NPB Regional Office.

106. All possible attempts will be made to determine the offender's release destination. Where multiple destinations are possible, the information package will be forwarded to the area office where the offender's most recent offence took place and any other relevant area parole offices, along with a clear indication of who has received the material. If it is only known that the individual is going to a specific province, the police service responsible for provincial policing should be notified and provided with the information package.

107. The Area Director is responsible for the timely sharing of the information package with the police and for providing advice with respect to possible ways in which the risk presented by the offender may be managed.

108. The decision to release and share information with the public about offenders released at Warrant Expiry rests primarily with the police.

109. Where appropriate, the institutional Parole Officer/Primary Worker will:

1. counsel Warrant Expiry offenders about the possibilities of a negative public reaction, and assist them in developing strategies or skills to use when reintegrating into the community, taking into account any special needs; and
2. consult with the institutional or regional Chaplain regarding a referral to either a Circle of Support and Accountability or other community resources.

REMOVAL FROM CANADA

110. Offenders being released for deportation or voluntary departure from Canada will not be released until arrangements are made with Immigration or Justice officials as appropriate. These officials are responsible for escorting and arranging transportation to the designated country.

DESTINATION UPON RELEASE/DISCHARGE

111. For all forms of conditional release, the offender will be released to the place in Canada that is stated on the release certificate.

112. When offenders are released at the expiration of the sentence or by court order, transportation will be arranged and living expenses provided for, at public expense, to the release destination.

Release destination means:

1. the place of conviction, if in Canada;
2. any other destination not further distant than the place in "a.", if the offender elects; or
3. any place in Canada, with the approval of the Commissioner. This authority is delegated to the Institutional Head.

PUBLIC EXPENSES

113. The CSC will provide, at public expense, an issue of civilian clothing suitable to the season, and other necessities.

114. Travelling and related living expenses will be in keeping with Treasury Board policies and with Annex D of this Directive.

Commissioner,

Original signed by
Keith Coulter

ANNEX A – ASSESSMENT FOR DECISION CONTENT GUIDELINES –

EARLY DISCRETIONARY RELEASE ( CCRA s. 93(2))

INTRODUCTION:

Case Status

• Offender's age, sentence length and commencement, offences, SRD.

Purpose of Report

• Self explanatory.

Consultation of Case Management Team

• Members of CMT consulted for purpose of report, including Elder and Aboriginal Liaison Officer, if applicable, and date of case conference.

STRUCTURED PLAN FOR EDR, TAKING INTO ACCOUNT THE FOLLOWING ELEMENTS:

• Purpose and objectives to be achieved.
• Level of needs and community functioning.
• Mental health issues.
• Programming needs and access to community resources.
• Family support with respect to EDR.
• Comments from Community Strategy, if applicable, including the area parole office's support/lack of support for EDR.
• Destination and accommodation.
• Mode of transportation, travel time, expected arrival time.
• Reporting requirements/instructions upon arrival at destination.
• Rationale and recommendation for accompaniment to release destination, if deemed necessary.

RISK ASSESSMENT:

• GSIR; current OSL; Motivation and Reintegration Potential.
• Preventive Security information.
• Psychological/psychiatric information pertaining to risk to reoffend.
• Elder's Assessment, if applicable.
• Denial of conditional release from NPB within past 12 months and how risk has been further mitigated and decision/conditions (if applicable) regarding current release.
• Statement regarding risk to reoffend specifically for the period of the EDR.
• Making reference to the plan to safely manage the risk, statement of how the risk is reduced with the EDR, compared to without it.

SPECIAL CONDITION(S): (if applicable)

• Justify the necessity for each special condition recommended.

DISSENTING OPINION(S):

• Record any dissenting opinions of CMT regarding recommendation.

FINAL RECOMMENDATION:

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

ANNEX B – ASSESSMENT FOR DECISION CONTENT GUIDELINES –

TEMPORARY ACCOMMODATION ( CCRA s. 94)

INTRODUCTION:

Case Status

• Offender's age, sentence length and commencement, offences, SRD.

Purpose of Report

• Self explanatory.

Consultation of Case Management Team

• Members of CMT consulted for purpose of report, including Elder and Aboriginal Liaison Officer, if applicable, and date of case conference.

ASSESSMENT FOR TEMPORARY ACCOMMODATION:

• Offender's reason for request (per offender's written application and interview), proposed duration of temporary accommodation.
• Offender's progress and behaviour (progress made towards Correctional Plan to support/not support request, institutional adjustment/behaviour/attitude).
• Preventive Security information (consult SIO for any concerns specific to request for temporary accommodation).

RISK FACTORS:

• Statement of any known indicators of escalating risk (if there are none then make a statement to that effect).

DISSENTING OPINION(S):

• Record any dissenting opinions of CMT regarding recommendation.

FINAL RECOMMENDATION:

• Indicate your final recommendation and any relevant details associated with it.

ANNEX C – CONTENT GUIDELINES FOR CASEWORK RECORD –

PRE-RELEASE TO RECORD TELECONFERENCE BETWEEN INSTITUTIONAL AND COMMUNITY PAROLE OFFICERS 

During the teleconference between the institutional Parole Officer/Primary Worker and the assigned community Parole Officer, the following elements will be confirmed, as applicable:

1. that the release plan can be implemented as approved by the NPB (including confirmation of bed space at CCC/CRF, if residency case);
2. details of Early Discretionary Release (EDR):
3. accommodation (including the names of individuals residing with the offender);
4. stability of intimate relationships;
5. mode of transportation and estimated time the offender is expected to report to that office;
6. mental and physical health concerns and confirmation that the offender has an appropriate amount of medication (e.g., for two weeks);
7. intoxicant use/type , intoxicant use as part of offence cycle (aggravating factor in violent and/or sexual offending), most recent intoxicant use;
8. methadone (e.g., appointments on release, prescription for methadone);
9. employment/education and program plans;
10. the offender's readiness for release;
11. that the offender has a SIN card, birth certificate, and health care coverage;
12. any media concerns regarding high profile offenders,
13. deportation issues;
14. outstanding charges;
15. language preference (e.g., English, French, Cantonese, Cree, Inuktitut, etc.);
16. victim issues (not to be documented);
17. Preventive Security or intelligence issues, e.g., incompatibles, gang management issues and links to organized crime;
18. staff safety issues, e.g., any possible threats to staff, current violent behaviour towards staff and comments the offender has made implying a threat, level of hostility toward CSC (overall or individual specific), predatory behaviour, stalking behaviour, any similarities of previous victims (or victim profile) to CMT members, or any other behaviour that might impact on staff safety;
19. circumstances of previous failed releases (if applicable); and
20. any other concerns the Parole Officers have regarding the release.

ANNEX D - ALLOWANCES UPON RELEASE

TRANSPORTATION

1. Transportation for released offenders, including their authorized personal effects, from the institution to the final destination should be prearranged (to the degree possible) with the principal carrier (plane, bus, or train). Whenever possible, arrangements should be made to avoid the need for overnight accommodation.

2. The use of private transportation may normally be considered, except when:

1. the offender has been directed to reside in a designated facility as a condition of Statutory Release;
2. the Institutional Head has reservations about the person providing the transportation;
3. the request for private transportation is received less than 48 hours before the scheduled release of the offender.

3. Reimbursement for private transportation may be provided at the request of the offender. The maximum amount will not normally exceed the cost of the most economical means of available public transportation.

ACCOMMODATION

4. When overnight accommodation is required, payment should either be prearranged or the offender should be given funds equivalent to lowest listed government rate for the city where the stop-over is to occur.

MEALS

5. Meal allowances will be provided in accordance with Treasury Board policies.

INCIDENTALS

6. No incidental allowances related to the release, other than those listed above, should normally be provided.

ANNEX E –

PENITENTIARIES DESIGNATED FOR THE PURPOSES OF A RESIDENCY ORDER MADE UNDER SUBPARAGRAPH 131(3)( a )(ii) OF THE CCRA

ANNEX F – NOTICE OF DETENTION UNDER S. 105 OF THE IMMIGRATION ACT (1995)

NOTICE OF DETENTION UNDER S. 105 OF THE IMMIGRATION ACT (1995)

This is to advise you that although you have been granted day parole, you will continue to be detained pursuant to a detention order issued under section 105 of the Immigration Act.

Pursuant to subsection 103(6) of the Immigration Act you are entitled to be brought before an adjudicator, at which time the reasons for the continued detention will be reviewed. Further reviews of your detention are also mandated at regular intervals.

You have the right to retain and instruct legal counsel without delay.

Relevant Provisions of the Immigration Act

103(6) Where any person is detained pursuant to this Act for an examination, inquiry or removal and the examination, inquiry or removal does not take place within forty-eight hours after that person is first placed in detention, or where a decision has not been made pursuant to subsection 27(4) within that period, that person shall be brought before an adjudicator forthwith and the reasons for the continued detention shall be reviewed, and thereafter that person shall be brought before an adjudicator:

1. at least once during the seven days immediately following the expiration of the forty-eight hour period; and thereafter
2. at least once during each thirty day period following each previous review, at which times the reasons for continued detention shall be reviewed.

105(1) Notwithstanding the Corrections and Conditional Release Act, the Prisons and Reformatories Act or any Act of a provincial legislature, where a warrant has been issued or an order has been made pursuant to subsection 03(1) or (3) with respect to any person who is incarcerated in any place of confinement pursuant to the order of any court or other body, the Deputy Minister may issue an order to the person in charge of the place directing that

1. the person continue to be detained until the expiration of the sentence to which the person is subject or until the expiration of the sentence or term of confinement as reduced by the operation of any statute or other law or by an act of clemency; and
2. the person be delivered, at the expiration of the sentence or term of confinement referred to in paragraph (a), to an immigration officer to be taken into custody.

(2) Nothing in subsection (1) shall limit the authority of any person, pursuant to any Act referred to in that subsection, to grant an escorted temporary absence pursuant to any of those Acts.

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