COMMISSIONER'S DIRECTIVE

CASE PREPARATION AND RELEASE FRAMEWORK

Policy Bulletin 202

1. To provide clear and concise direction regarding the case preparation and release process of the Correctional Service of Canada (CSC) in the interest of safe reintegration and public safety.

2. Corrections and Conditional Release Act (CCRA):
s. 3 - Purpose of Correctional System

s. 4 - Principles

s. 27 - Information Sharing

s. 102 - Criteria for Granting Parole

s. 119 - Day Parole Eligibility

s. 120 - Full Parole Eligibility

s. 121 - Parole by Exception

s. 122 - Parole Reviews

ss. 125 and 126 - Accelerated Parole Reviews

s. 127 - Statutory Release

ss. 129 to 132 - Detention during Period of Statutory Release

s. 133 - Conditions of Release

3. Corrections and Conditional Release Regulations (CCRR):
s. 3 - Duties

s. 4 - Institutional Head

s. 5 - Authorization

ss. 102(1) and (2) - Correctional Plans

s. 114 - Aboriginal Offenders

s. 160 - Detention during Period of Statutory Release

4. CD 700 - Correctional Interventions

CD 701 - Information Sharing

CD 702 - Aboriginal Programming

CD 726 - Correctional Programs

CD 730 - Inmate Program Assignment and Payments

CD 767 - Ethnocultural Offender Programs

NPB Policy Manual

5. Regional Deputy Commissioners or their delegates will ensure that a framework is in place to comply with all polices and procedures of the pre-release decision process.

6. Regional Deputy Commissioners are responsible for detention referrals within the CSC and will maintain suitable monitoring procedures to ensure that timeframes for the review and referral of cases for detention are unfailingly adhered to.

7. In accordance with subsection 133(4.4) of the CCRA, Regional Deputy Commissioners may exercise the Commissioner's authority to consent in writing to an offender's residency requirement in a Community Correctional Centre.

8. Pursuant to subsection 131(4) of the CCRA, Regional Deputy Commissioners and Assistant Deputy Commissioners may exercise the Commissioner's authority to consent in writing to an offender's residency requirement in a penitentiary.

9. Institutional Heads and District Directors are responsible for ensuring the principles and procedures relating to the pre-release decision process are adhered to.

10. Institutional Heads will establish a monitoring process to ensure accurate, complete and appropriate recording of reasons for all waivers, postponements and withdrawals.

11. Area Directors will maintain an active awareness of issues and events in the community that may influence the re-entry of specific offenders to that environment.

12. Detention is one of the most restrictive measures available to the CSC and the National Parole Board (NPB); therefore, all staff will follow the process and the timeframes, based in law, associated with it.

13. Parole Officers and Primary Workers present recommendations to the NPB regarding the conditional release and detention of offenders, following comprehensive risk assessments, based on ongoing correctional interventions and evaluations, with input provided by all members of the Case Management Team.

14. The NPB has exclusive authority over all day or full parole decisions.

15. Offenders who are subject to a long-term supervision order who are not detained are eligible for all forms of conditional release.

16. Offenders are eligible for a conditional release in accordance with the CCRA.

17. When assessing the risk of an offender, all available information must be taken into account, including, in the case of an Aboriginal offender, their Aboriginal Social History (Gladue).

18. Recommendations and decisions are based on an evaluation of each offender's progress against his or her Correctional Plan.

19. The processes required to prepare for all pre-release decision-making, including accelerated parole, day parole, full parole, statutory release and warrant expiry date releases are found in CD 712 1.

20. For the safety and security of the Canadian public, CSC staff and offenders, section 130 of the CCRA enables the NPB to order an offender to be detained until his or her warrant expiry date.

21. The detention review process commences at intake and continues throughout the period of incarceration.

22. The CSC must identify those offenders who meet the criteria for detention review by the NPB, and prepare their cases for presentation.

23. Detention provisions are extraordinary measures intended to be applied with restraint and only to those cases judged in accordance with the factors identified in subsections 129(2) and 129(3) of the CCRA:

24. The case of each offender will be subject to ongoing review to determine the existence of factors that would justify a referral based on reasonable grounds to believe the offender is likely to commit, before the expiration of the sentence:

1. an offence causing death or serious harm to another person [ subpar.  129(2)( a )(i)];
2. a sexual offence involving a child [ subpar. 129(2)( a )(ii) ]; or
3. a serious drug offence [ par. 129(2)( b) ].

25. See CD 705-8 on How to Assess Serious Harm.

26. The processes required to prepare for reviewing and referring an offender's case for detention are described in CD 712-2.

27. The NPB conducts case reviews in accordance with legislation, including applications for a conditional release, by assessing the risk an offender may pose, should a release be granted, and whether that risk could be managed with appropriate conditions and supervision.

28. Hearings provide a forum for Board members to review information with the offender and other participants. The offender and his or her assistant may make representations to the Board.

29. Hearings before the Board are administrative in nature and no formal rules of evidence are required to be followed.

30. A Cultural Hearing (formerly known as Elder Assisted Hearing) includes an Aboriginal Cultural Advisor provided by the NPB, who facilitates a responsive hearing process for Aboriginal offenders. Any offender who is committed to an Aboriginal way of life may request a Cultural Hearing (form NPB 0035). Non-Aboriginal offenders requesting a Cultural Hearing must be committed to an Aboriginal way of life or his/her request for a Cultural Hearing may be denied.

31. In addition to the Aboriginal Cultural Advisor provided by the NPB, offenders may invite the institutional Elder whom he or she has been working with to provide support during the cultural hearing.

32. Roles, responsibilities and processes related to NPB hearings are detailed in CD 712-3.

33. Direction related to the following subjects are provided in CD 712-4 on Release Process:

1. dates of release;
2. release processes;
3. certificates of release;
4. early discretionary release;
5. procedures to follow regarding the release of high profile offenders;
6. temporary accommodation in a penitentiary beyond statutory release;
7. residency in a penitentiary following a detention review; and
8. warrant expiry releases.

Commissioner,

Original signed by
Keith Coulter

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