The Safe Return of Offenders to the Community - 2004

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Statistical Overview
April 2004

Larry Motiuk,
Roger Boe,
Colette Cousineau

Research Branch
Correctional Operations and Programs

Table of Contents

• A. Introduction
• B. Factors Influencing the Size of the Federal Offender Population
  • 
    1. Number of Offences
  • 1a. Homicide Offences
  • 2. Number of Prisoners
  • 2a. Imprisonment Rates
  • 3. Prison Admissions
  • 4. Length of Sentence
  • 5. Length of Imprisonment
  • 6. Profile of Federal Offenders
  • 6a. Long-Term Offenders
  • 6b. Older Offenders
  • 7. Population Distributions
    
• 
  C. Successful Return of Offenders to the Community
• D. Crime Reduction Through Effective Treatment

A. Introduction

The federal correctional system is administered by the Correctional Service of Canada. ¹ While its “client group” may be said to be composed of federal offenders², the Service is ultimately serving all Canadians.

Citizens have a right to know how well the system is operating and what measures are being taken to promote and improve public safety. This document is intended to provide interested Canadians with useful and accurate statistics regarding the safe return of federal offenders to the community.

The values and beliefs of the CSC are articulated in its mission document, which has been endorsed by every Solicitor General of Canada since 1988. The mission statement sets out the following:

The CSC, 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.

The mission statement provides federal corrections with a strategic framework for contributing to the safe return of offenders to the community.

Legally, the CSC operates under the 1992 Corrections and Conditional Release Act.³ It states that the purpose of the federal corrections system is to contribute to the maintenance of a just, peaceful, and safe society by:

Carrying out sentences imposed by the courts through the safe and humane custody and supervision of offenders; and

Assisting in the rehabilitation of offenders and their reintegration into the community as law-abiding citizens through the provision of programs in penitentiaries and in the community.

Of all the factors that influence public safety, the Correctional Service of Canada, in collaboration with the National Parole Board, can only influence the safe release of offenders into the community. There is solid evidence to support the premise that the gradual and structured release of offenders is the safest strategy for the protection of society against new offences by released offenders.

For example, recidivism studies have found that the percentage of safe returns to the community is higher for supervised offenders than those released with no supervision.

¹  Also referred to as CSC or the Service.
²  Offenders serving sentences of two years or more.
³  Corrections and Conditional Release Act, RSC, C-20, 1992.

In 1971, Irvin Waller conducted a study of 423 offenders who had been released into Southern Ontario during 1968 from Ontario federal penitentiaries. Of the 423 offenders in the study, 210 had been selected for release on early parole and 213 were unconditionally released at the expiry of their sentence. Of these latter, 113 had never applied for parole and 100 did apply but were refused. Waller's study found the following results⁴:

• Of the 210 parolees in the study, 10% (21) were arrested for a violent offence and 29% (61) were arrested for a non-violent offence.
• For the 213 direct discharge offenders, 18% (38) were arrested for a violent offence and 50% (106) were arrested for a non-violent offence.

This early study provided evidence that a gradual, supervised release promoted a safer return of federal offenders to the community.

In another study, Harman and Hann⁵ looked at federal prisoners who had been released in 1983-1984 to the community. They found:

• Of the 3,267 male offenders returned to the community, 50% re-offended at follow- up three years later.
• Of those who re-offended, 67% were on mandatory release and 30% re-offended while on full parole.

According to Correctional Service of Canada's Offender Intake Assessment (OIA) process, more than 2-in-3 new federal admissions (68%) have served at least one prior custodial term in a provincial adult institution.

• The percentage of federal offenders who previously had been in prison rises to 87% if we include those federal prisoners who have also served a prior custody term while they were under the age of 18 years.
• However, since 1994, 26% of the admissions to federal prisons have served a prior federal penitentiary term.

The Service is working to better prepare offenders for release and provide them with greater support once they are in the community. These efforts are paying off in terms of higher rates of safe return to the community and lower rates of criminal recidivism.

⁴  Waller, I. (1974). Men Released from Prison. Centre of Criminology. University of Toronto Press. p.152.
⁵  Bonta, J., Lipinski, S., and Martin, M. (1992). Characteristics of Federal Inmates Who Recidivate. Statistics Canada.

B. Factors Influencing the Size of the Federal Offender Population

B1. Number of Offences

Since 1991, the overall trend in the number of offences in Canada has been downward. This is a reversal of the trend over the previous decade, where it generally increased.

• Between 1991 and 2003, there was a 11% decrease in the overall number of offences reported by police.
• Major categories of violent crime have decreased since 1993, including homicide, sexual assaults, and robbery.

Source: Statistics Canada. (2004). "Crime Statistic in Canada, 2003". Canadian Centre for Justice Statistics. Juristat, Vol.24 No. 6

B1a. Homicide Offences

• Homicides account for less than 1% of all violent crime in Canada and have decreased significantly since 1991 – there were 754 homicides in 1991 versus 582 in 2002.⁶

Homicide in Canadian and American Cities

Despite having incarceration rates that are 5 to 6 times higher, American cities are much more dangerous than comparable Canadian cities. Seven U.S. and Canadian cities were selected to compare homicide and violent crime rates. Cities were matched for general similarity in size and/or geographical location.

• In all cases, the homicide rates of the American cities are all higher than their Canadian neighbors, and this would generally be true for any sample of larger American versus Canadian cities.
• Between the matched pairs in the study, the difference in homicide rates is usually quite large (e.g., between Chicago – 22.0 per 100,000 – and Toronto – 1.8 per 100,000).

Source: Uniform Crime Reporting Survey, Canadian Centre for Justice Statistics, Statistics Canada. Uniform Crime Reports, Bureau of Justice Statistics, Federal Bureau of Investigation.

Note: Crime data are based on reports for municipal police forces, not the wider Census Metropolitan Area populations.

⁶  Statistics Canada. (2003). Homicides in Canada - 2002 Canadian Centre for Justice Statistics.

Relative to many industrialized countries, Canada ranks below the others in the number of homicides per 100,000 population.

Source: International Comparisons of Criminal Justice Statistics 2001, Research Development Statistics, Home Office Directorate.

Source: International Comparisons of Criminal Justice Statistics 2001, Research Development Statistics, Home Office Directorate.

B2. Number of Prisoners

The number of prisoners per 100,000 Canadian population is 113.

• For 2001-02, the total number of prisoners for Canada was 113 per 100,000 total population, as follows:

Distribution of Prison Population, 1996

On October 5^th, 1996, a census of prisoners in all adult correctional facilities in Canada was conducted.

• The majority of prisoners are male, 98% of federal and 93% of provincial/territorial prisoners.
• Aboriginal inmates account for 14% of the federal prison population and 19% of provincial/territorial prison population.

B2a. Imprisonment Rates

Comparisons of European and North American imprisonment rates (both adults and youth) for 2002 show that Canada’s rate was at the high end for Europe, but was significantly below the incarceration rate of the United States.

Source: World Prison Population List (Fifth Edition), Research Findings No. 234. Home Office Research, Development and Statistics Directorate, United Kingdom 2003.

Note: Arrows indicate an increase or decrease over the previous year.

B3. Prison Admissions

Offenders admitted⁷ to provincial/territorial prisons declined between 1992-93 and 1998-99. Since then, there has been relatively little change.

Provincial/Territorial Prison Admissions⁸

• A notable increase in annual admissions over the period 1990 to 1994 contributed significantly to a rapid expansion in prison custody populations in provincial/ territorial jurisdictions.
• The number of provincial/territorial admissions peaked in 1992-93 (federal admissions peaked one year later). This growth was predominately caused by the increase in the remand (non-sentenced) admissions between 1985-86 and 1991-92, as shown in the following Chart.
• Since 1998-99, although sentenced admissions continue to decrease, remand admissions have been increasing, slightly raising the number of provincial/territorial admissions in 2001-02.

Source: Adult Correctional Services Survey, Canadian Centre for Justice Statistics, Statistics Canada.

⁷ Offenders may be admitted more than once during the year.
⁸ Excluding Nunavut.

Admissions to federal penitentiaries have fluctuated over recent years.

Federal Prison Admissions

• New federal admissions⁹increased about 30% between 1985-86 and 1993-94, from 4,100 to 5,100. This contributed in large measure to the rapid growth of the federal prison population in the early 1990s. After peaking in 1993-94, admissions declined to 4,127 in 2001-2002.

Source: Adult Correctional Services Survey, Canadian Centre for Justice Statistics, Statistics Canada.

• While the Canadian population has steadily increased, the number of offences reported by police began to decrease in 1991. The number of federal admissions peaked in 1993-94 and the federal prison population increased until 1997.

⁹  Federal admissions with a Court ordered sentence (commonly referred to as warrant of committal admissions). Offenders may also be admitted by transfer from other countries or readmitted for revocation of a parole or statutory release.

B4. Length of Sentence

Over the past decade, the average length of a fixed sentence being served by prisoners in the federal system has fluctuated. However, since about 1996/97, the average sentence length has been steadily dropping.

• The length of sentence being served by an offender determines not only how much time will be spent in a penitentiary, but also the earliest possible date for supervised release into the community.
• Between 1994/95 and 2001/02, the “mean” length¹⁰ of sentence for offenders convicted and sentenced to prisons in Provincial / Territorial adult courts, went from 115 days in 1994/95 to 133 days in 1998/99, before falling back somewhat to 125 days by 2001/02. The mean sentence has therefore actually increased over the full period from 1994/95 to 2001/02, although it has been decreasing since 1998/99.
• Between 1994/95 and 2001/02, the “mean” length¹¹ of sentence for offenders entering the federal system with new sentences declined from 1,315 days to 1,162 days. In 1997 the average sentence peaked, and since then, the average sentence length has been decreasing.

¹⁰ The mean length of sentence is as reported by 8 provincial/territorial adult court systems, and published in the annual Adult Criminal Court Survey (ACCS), Canadian Centre for Justice Statistics.
¹¹ Average length of sentence is for 8 major offences which include sex assault, robbery, major assault, other violent, break and enter, theft, theft m.v. and impaired driving. Life and indeterminate sentences are excluded.

B5. Length of Imprisonment

For federal offenders, the average time served in federal custody until first release¹² remained relatively constant over the period 1985-86 to 1999-00.

The chart below shows the average time served by offenders with sentences from 2 to 5 years (about 80% of admissions) admitted over the past decade.

Given the small sampling number and the relatively short period over which data are available, for offenders with longer sentences, it is not possible at this time to provide adequate information on the average time served by offenders with sentences of over five years.

Source: Senior Statistician, Research Branch, Correctional Service of Canada.

¹² Because an offender on parole may be readmitted for a technical violation or the commission of a new offence, an offender record may indicate more than one release date for any given offender. This analysis examined the time served to the first release date.

B6. Profile of Federal Offenders

Eventually, almost every incarcerated offender will be released from prison after serving the sentence prescribed by the courts. The challenge for the Service is to provide programs and supervision that will enable the offender to safely reintegrate into the community. To meet this challenge, it is essential to understand the composition of the federal prison population, and the obstacles faced by many offenders.

Federal Admissions

Since November 1994, over 40,000 new offenders have been admitted to federal institutions¹³:

• Roughly 9 out of 10 offenders admitted to federal institutions have a previous youth or adult court conviction.
• 23% of these federal offenders have served a prior sentence in a Young Offender secure custody facility. 67% have served a prior sentence in an adult Provincial prison, and when combined, 86% have served either a previous Young Offender or adult provincial prison sentence.
• 26% have served a previous federal prison sentence.

Federal Inmates In Custody

The characteristics of the federal prison population (approximately 12,260 prisoners) as of December 31^st, 2003¹⁴ is as follows:

¹³ As of December 31^st 2003. Note: there were approximately 42,000 OIA assessments since November 1994 (including multiple admissions).
¹⁴ Correctional Service of Canada. Homicide, Sex, Robbery and Drug Offenders if Federal Corrections: An End-of-2003 Review. Research Branch.

B6a. Long-Term Offenders

Long-term offenders make up a large part of the federal offender population. As of December 2003, there were 6,659 men and 183 women serving sentences of ten years or more. ¹⁵

• The 6,659 men serving 10 years or more make up 32% of the total population of male offenders and 62% of them are incarcerated.
• The 183 women serving 10 years or more make up 21% of the total population of female offenders and 44% of them are incarcerated.
  
  
  As of December 2003, a total of 3,849 men and 138 women were serving life sentences.
• Of the 3,849 men serving life sentences, 61% were incarcerated.
• Of the 138 women serving life sentences, 48% were incarcerated.

Source: Research Branch, Correctional Service of Canada.

*Other includes Exchange of Service Agreements and other prisoners that are incarcerated at other institutions.

¹⁵ Correctional Service of Canada. (2004). Research Branch

B6b. Older Offenders

The population of federal offenders aged 50 and over has grown since 1995.

• Factors to be considered in dealing with aging offenders include: medical care, adjustment to prison, rehabilitation programs, prison environment and violence, peer/ family relationships, and community release.

Source: Research Branch, Correctional Service of Canada. Adult Correctional Services in Canada, Canadian Centre for Justice Statistics, Statistics Canada.

Note: Federal inmate counts are as of December, 2003 for inmates incarcerated in federal jurisdictions only. Adult population data is as of July 2001.

• As of December 1^st 2003, there were 1,623 offenders in federal prisons who were fifty years and older. Since 1995, there has been an increase in the proportion of prisoners fifty years and older (+53%).

Source: Research Branch, Correctional Service of Canada.

B7. Population Distributions

The proportion of federal offenders under community supervision has declined since fourth quarter 1999-2000.

Source: CJIL-DW, Performance Management, CSC March 2004.

Note: Offender Management System data are weekly snaphots taken the last week of each quarter for each year. Incarcerated includes male and female federal offenders in federal or provincial institutions, and those on temporary absence. Community includes male and female federal offenders on day parole, on full parole, on statutory release, those temporarily detained, and those deported. Excluded are provincial offenders and federal offenders on bail or unlawfully at large.

C. Successful Return of Offenders to the Community

Conditional release programs (i.e., day parole, full parole, or statutory release) are based on the premise that a period of supervised transition from prison to the community enhances public safety and the rehabilitation of offenders.

A 1998 report¹⁶ found considerable evidence to support the premise that a period of supervised transition from prison to the community enhances public safety and the rehabilitation of offenders. In particular, the process of selection for parole (discretionary release) based on the assessment of risk to re-offend and decision-making is effective in identifying those offenders who will successfully reintegrate into the community.

Day Parole

Day Parole is the authority granted to an offender by the National Parole Board to be at large during the offender’s sentence in order to prepare them for full parole or statutory release. The offender is required to return to a penitentiary or community-based residential facility each night.

• Day Parolees comprise 12%-20%¹⁷ of the conditional release population and generally remain under supervision for up to 6 months. The absolute number of day paroles granted decreased from 3,161 in 1995-96 to 3,022 in 2002-2003.

Full Parole

Under Full Parole, the offender is not required to return to a facility at night, but does have conditions imposed on his or her liberty (activities, associations, location, etc.).

• Full Parolees make up 50%-60% of offenders in the community. They remain under supervision for the longest periods (e.g., up to two thirds of sentence, or 16 months on a 24-month sentence). The absolute number of full paroles granted decreased from 1,954 in 1995-96 to 1,503 in 2002-2003.

Statutory Release

Statutory Release occurs after 2/3 of sentence. As with full and day parole, offenders are supervised until the end of their sentence.

• Statutory Releases make up about one third of offenders in the community and account for 50% of annual releases from federal institutions.

¹⁶ Solicitor General of Canada. (1998). Towards a Just, Peaceful and Safe Society - The Corrections and Conditional Release Act Five Years Later.
¹⁷ Solicitor General of Canada. (2003). Corrections and Conditional Release Statistical Overview. p.70.

The yearly success rates in 2001-2002 for day parole, full parole, and statutory releases are among the highest in recent years. From a public safety perspective, offenders granted a discretionary release (e.g., a day parole or full parole) and properly supervised in the community demonstrate very high levels of success.

• The rate of reconviction for violent offences* while under community supervision has declined since 1994-95.
• Those offenders under discretionary release (full parole and day parole) are less likely to be convicted of a violent offence while under supervision than those on statutory release.

Source: Solicitor General of Canada. (2003). Corrections and Conditional Release Statistical Overview

*Note: Violent offences include homicide, manslaughter, attempted murder, assault, sexual offences, abduction, robbery and weapon offences.
The dotted line between 2001-02 and 2002-03 is intended to signify that due to delays in the court process, these numbers under reperesent the actual number of convictions, as verdicts may not have been reached by year-end.

C1. Contribution to Crime in Canada

The following table depicts the number of crimes for which federal offenders under supervision in the community during the 2002 calendar year received a conviction for offences occurring that same year.¹⁸

• During 2002 federal offenders received 15,626 different periods of community supervision.
• 846 (or 5.4%) of these release periods resulted in a re-admission in 2002, because a new crime had been committed.
• A total of 2.6 million offences were reported in 2002. Of these, 2,488 new convictions were recorded against these offenders under supervision in the community, an average of about 2.9 new convictions for each of the 846 re-admissions.

Source: Offender Management System records, Performance Measurement, Correctional Service of Canada. Uniform Crime Reporting Survey, Canadian Centre for Justice Statistics, Statistics Canada.

¹⁸ Offender Management System records may understate the number of offenders admitted for revocation with offence, because at the time admissions are recorded, some new offences may not yet have been discovered. Discovery occurs after offenders have been admitted as a revocation without offence.

As a proportion of all crimes reported in the 2002 Uniform Crime Reporting survey, federal offenders re-admitted with a new conviction were therefore responsible for just over 1 of every 1,000 federal statute offences reported to police in 2002, including:

• 1.2 of every 1,000 violent offences;
• 0.8 of every 1,000 sexual offences;
• 0.7 of every 1,000 drug offences;
• 0.9 of every 1,000 property or other federal statute offences.

As a proportion of all convictions, released federal offenders re-admitted with a new conviction were responsible for about one percent of convicted crime in Canada.

*All Federal Statute Offences including Criminal Code, Traffic, Drug, and Other.

**Adjusted for Missing Data.

Source: Offender Management System records, Performance Measurement, Correctional Service of Canada. Uniform Crime Reporting Survey and Adult Criminal Court Survey, Canadian Centre for Justice Statistics, Statistics Canada.

D. Crime Reduction Through Effective Treatment