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COMMISSIONER'S DIRECTIVE
Release Process
[ Policy Objective | Authorities | Cross-References | Roles and Responsibilities | Release Decisions | Effective Dates of Release | Accelerated Parole Review | Regular Day and Full Parole | Statutory Release and Warrant Expiry | Following Cancellation of a Warrant of Suspension or Revocation of Conditional Release | Release Process | Day
Parole - Offenders Subject to an Immigration Order | Certificates of Release | Interregional Conditional Release | Early Discretionary Release | Friday Releases | Prior to Warrant Expiry Date | General Process | Timeframes | High Profile Offenders | Temporary Accommodation in Penitentiary Beyond Statutory Release | Residency in Penitentiary Following a Detention Review | Warrant Expiry Releases | Removal from Canada | Destination Upon Release/Discharge | Public Expenses ]
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 Teleconference Between Institutional and Community Parole Officers ANNEX D - Allowances Upon Release ANNEX E - Penitentiaries Designated for the Purposes of a Residency Order
POLICY OBJECTIVE1. 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. AUTHORITIES2. 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 ReleaseCROSS-REFERENCES3. CD 712 - Case Preparation and Release Framework CD 715 - Community Supervision CD 784 - Information Sharing Between Victims and the Correctional Service of Canada Specific Guidelines for Methadone Maintenance Treatment (CSC, November, 2003)ROLES AND RESPONSIBILITIES4. 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:
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 Liaison 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 DECISIONS16. 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 RELEASE19. 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 Review21. 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 Parole24. 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 Expiry25. 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 Release26. 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 PROCESS27. 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. When preparing offenders for release to the community, the Parole Officer shall take into consideration whether or not it would be beneficial to have the offender accompanied to his or her destination. Offenders who may benefit from this voluntary accompaniment include those on regular statutory release, or with a residency condition, including those who are ordered to reside following an annual detention review, and offenders who are subject to a Long-Term Supervision Order and are released at warrant expiry with a residency condition. Additionally, long-term offenders, and offenders who have mental or physical health issues, language/cultural barriers, etc. may also benefit. 32. The Parole Officer will discuss his or her recommendation regarding accompaniment and the proposed plan with the offender. The Parole Officer will ensure that he or she discusses the assessment, plan and recommendation regarding accompaniment with his or her supervisor. The results will be documented in the Correctional Plan Progress Report (CPPR) with the offender's release plan. In cases where this has not occurred or reassessment is required, the results shall be contained in a Casework Record. 33. The Institutional Head will put into place a process to ensure that decisions regarding accompaniment are made and recorded. As well, if accompaniment is identified as appropriate, this should be recorded on the release certificate. 34. The final decision on whether accompaniment is required rests with the Institutional Head or his or her delegate. 35. 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.36. 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:
37. 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. 38. 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. 39. The institutional Parole Officer/Primary Worker will record the results of the teleconference in a Casework Record, Pre-Release Review. 40. 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. 41. 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. 42. The Institutional Head will ensure that the following is completed prior to effecting the release of an offender:
43. 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. 44. 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 E specifies those penitentiaries currently designated for the purposes of a residency order.45 If accompaniment has been deemed appropriate in a case, 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. 46. The Institutional Head shall ensure that the person accompanying the offender is fully aware of the conditions of release, the destination of the offender, the time they are expected to arrive at the destination and what to do in the event that any difficulties are encountered. 47. 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. 48. 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 or her destination. However, if the Institutional Head believes that the offender will likely have difficulty reaching his or her release destination, he or she may grant an escorted temporary absence leading up to the statutory release date in lieu of an early discretionary release (EDR) if approved and assign either a security or non-security escort.Day Parole - Offenders Subject to an Immigration Order49. 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 (1985) or subject to a removal order under the Immigration and Refugee Protection Act. (Refer to subsections 128(3) to (7) of the CCRA and see Sentence Management for guidance if required.) CERTIFICATES OF RELEASE50. 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. 51. 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.") 52. 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. 53. Separate release certificates are issued for day parole, full parole, statutory release, or offenders who are subject to a Long-Term Supervision Order. 54. 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. 55. 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. 56. The Institutional Head will ensure that, prior to releasing an offender:
INTERREGIONAL CONDITIONAL RELEASE58. 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:
EARLY DISCRETIONARY RELEASE59. 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. 60. 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. 61. Sentence Management will be consulted regarding the impact of an EDR and will be notified if the release is authorized.Friday Releases62. The institutional Parole Officer/Primary Worker, at the time of completing the CPPR to request a Community Strategy 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. 63. If the release does fall on a Friday or prior to a holiday, the institutional Parole Officer/Primary Worker shall meet with the offender to discuss the merits of an EDR application. If interested, the offender will submit a Request for Early Discretionary Release (CSC/SCC 1075) that outlines the reasons for requesting the release. Whether the offender has applied to be released on an EDR or not will be identified in the CPPR. 64. If the offender has not applied for an EDR, no further action on this issue will be taken. 65. If the CPPR indicates that the offender's release falls on a Friday or prior to a holiday, and the offender has applied for an EDR, the community Parole Officer will assess this while taking into consideration the following elements (but not limited to):
66. 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 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. 67. Upon receipt of the recommendation, the institutional Parole Officer will ensure the case is submitted to the Institutional Head's decision. 68. If an EDR was not approved by the Institutional Head, and subsequently new information comes to light which would further support an EDR as a means to avoid a Friday or prior to a holiday release, the institutional Parole Officer/Primary Worker will discuss this with the offender to determine if he or she is interested in re-applying for an EDR. The institutional Parole Officer will then discuss the case again with the community Parole Officer. The institutional Parole Officer/Primary Worker will follow 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.Prior to Warrant Expiry Date69.. 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.) 70. 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. 71. If an EDR has been requested, 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.General Process72. 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. 73. Upon receipt of the EDR application, the institutional Parole Officer/Primary Worker will complete a CPPR to request a Community Strategy. 74. 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.Timeframes75. 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. 76. The offender will be informed in writing of the reasons for the decision within 10 days of the decision being made.HIGH PROFILE OFFENDERS77. 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. 78. 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. 79. 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 least two weeks prior to the offender's release, signed by the Institutional Head or the District Director, that includes at a minimum the following:
80. 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:
Regional Headquarters
National Headquarters
TEMPORARY ACCOMMODATION IN PENITENTIARY BEYOND STATUTORY RELEASE81 In accordance with section 94(1) of the CCRA, eligible offenders may apply to remain temporarily in a penitentiary beyond their parole or statutory release date. The Institutional Head is the decision-making authority to approve temporary accommodation in the penitentiary. 82. 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. 83. 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. 84. Offenders must submit their request for temporary accommodation in writing to the Institutional Head. 85. 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.) 86. Circumstances where a request may be approved include, but are not limited to, the following:
87. 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. 88. 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 REVIEW89. Following an annual review of a detention order, the NPB may order, pursuant to subparagraph 131(3)(a)(ii) of the CCRA, that an offender reside on statutory release in a penitentiary. The penitentiaries designated for such a purpose are listed in Annex E. WARRANT EXPIRY RELEASES90. 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.) 91. To determine whether an offender poses a threat, the institutional Parole Officer/Primary Worker considers the factors deemed relevant for detention reviews under section 132 of the CCRA. 92. 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 (subsection 25(3) of the CCRA). 93. 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:
94. 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. 95. 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. 96. 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. 97. 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. 98. 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. 99. Upon approval, the information package and a copy of form CSC/SCC 1225 are forwarded to the relevant area parole office(s). 100. 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. 101. 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. 102. 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. 103. The decision to release and share information with the public about offenders released at warrant expiry rests primarily with the police. 104. Where appropriate, the institutional Parole Officer/Primary Worker will:
REMOVAL FROM CANADA105.. 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/DISCHARGE106. For all forms of conditional release, the offender will be released to the place in Canada that is stated on the release certificate. 107. 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:
PUBLIC EXPENSES108. The CSC will provide, at public expense, an issue of civilian clothing suitable to the season, and other necessities. 109. Travelling and related living expenses will be in keeping with Treasury Board policies and with Annex D of this directive.Commissioner, Original signed by
ANNEX A -
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Last Updated:
2007.11.13
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