Chapter 10: Release from Incarceration

what is a conditional release?

releasing offenders before the end of their sentence

What does it mean to “petitioning the king or queen for a Royal Prerogative of Mercy”?

it is the monarch could grant a pardon or remission for humanitarian reasons or because the severity of the sentence far exceeded the severity of the crime

who developed the “mark system”?

Alexander Maconochie

what is the “mark system”?

• a system where a day’s labour earned the offender ten marks, ten marks equated to one day less on their sentence

• however a day’s rations and supplies cost 3-5 marks

when was the ticket of leave act passed?

1899

what is the Ticket of Leave Act?

• the legislation allowed federal convicts to be free from prison under specific conditions

when was the first Dominion parole officer appointed?

1905

the first Dominion parole officer was a brigadier of what army

Salvation army

what did the Corrections and Conditional Release Act come into effect?

1992

which provinces operate their own parole boards for individuals sentences to two years less a day?

Ontario, Quebec and Alberta

what does Section 100.1 of the CCRA emphasize?

• protection of society

• provincial parole boards in the determination of all cases

what are the principles that section 101 of the CCRA set out?

• must consider all relevant case information

• board members must be appropriately trained

• offenders are to be provided with relevant information and reasons for decisions

• boards should engage in timely and informative communication

what are the criteria that parole boards must consider before granting parole to an offender?

• offender will not by reoffending, present an undue risk to society

• release of the offender will contribute to the protection of society

which offenders are more likely to become law-abiding citizens if gradually released from prison on conditional release?

medium and high risk offenders

what are some pros to conditional release?

• minimize the pains of imprisonment

• provide offenders with incentive to behave in the institution

• contributes to institutional order and security

in what areas do you see reductions when early release is used?

• reductions in overcrowding

• cost savings (costs less to supervise someone in the community)

what are some release options for provincial and territorial offenders?

• temporary absences

• day parole

• full parole

• earned remission date

  • warrant expiry date

what is a temporary absence

• type of conditional release

• allows inmate to leave institution for a reason that adheres to their correctional plan (for employment and education)

• can be escorted or unescorted

which federal offenders are exempt from being granted an escorted temporary absence?

life-sentenced prisoners

for medical reasons, how long can a federal offender go on temporary absence?

unlimited amount of time

for reasons other than medical, how many days can federal offenders go on unescorted temporary absences?

it can range from two to 60 days.

what is a work release?

• type of conditional release

• allows inmates to leave the institution

• participate in community-service or employment opportunities

when are offenders eligible to apply for an escorted temporary absence?

any time

what is an unescorted temporary absence?

• eligibility varies by length and type of sentence

• maximum-security prisoner are ineligible

what is day parole?

• parole board allows for inmates to be in the community to complete community-based activities in preparation for full release

• return to institution at night

when are provincial or territorial inmates eligible for day parole?

one-sixth of sentence

when are federal offenders eligible for day parole?

• six months prior to full parole eligibility

• or six months, whichever is greater

what is full parole?

• parole board allows for an inmate to be free in the community under supervision for the remainder of their sentence

• live in personal residence

when are provincial and territorial inmates eligible for full parole?

• one-third of sentence

when are federal inmates eligible for full parole?

at one-third of sentence or seven years, whichever is less

what is an earned remission date?

• eligible at two-thirds point of sentence

• allows offenders to earn early release through good behavior at a rate of 15 days for every month served

what is statutory release?

• mandatory conditional release of federal offenders by law

• for those who have not applied or granted parole

• provides structure and support to offenders to increase likelihood will successfully reintegrate

• mandatory conditions include: report to PO, remain within a certain area, obey the law, keep the peace

what is warrant expiry date (sentence ends)?

• end of an offender’s sentence as imposed by the courts at the time of sentencing

what is a detention during the period of statutory release?

• decision made by parole board of canada

• federal inmate is denied statutory release and is detained until the warrant expiry date

what is the one-chance statutory release?

• if the offender’s statutory release is revoked, the offender is prohibited from being released again on statutory release prior to their warrant expiry date

when are federal life-sentence inmates eligible for day parole?

three years prior to full parole eligibility date

when are federal life-sentenced inmates eligible for full parole?

• 25 years for first-degree murder

• 10 and 25 years for second-degree murder

what are some exceptions where the parole board can grant parole prior to an individual’s full parole eligibility date?

• prisoner has terminal illness

• prisoner’s physical or mental health is likely to suffer serious damage

• continued confinement would constitute an excessive hardship that was not reasonably foreseeable at the time the offender was sentenced

• sub of an order of surrender under the Extradition Act

what is the abolition of early parole act?

• designed to provide a mechanism for releasing non-violent, first-time federal offenders from custody after serving one-sixth of their sentence

what type of release are indigenous offenders most likely to be released on?

statutory release

what is pre-release planning?

• managing the risk posed by offenders

• providing access to programs and services in the community

what is the responsible reintegration program

it is designed to support low-risk provincial inmates transitioning back to the community who do not have a period of probation following their term of imprisonment

what role do institutional parole officers play?

• they assist offenders with reintegration

• prepare offenders for their first release eligibility date

what are some stressors IPOs may experience while working with incarcerated people?

• insomnia

• hypervigilance

• nightmares

• unhealthy lifestyle

what is the community strategy guide?

• document prepared by probation or parole officers

• contains information on feasibility of inmate-applicant’s proposed community plan

what does the community strategy guide include?

• inputs from police

• inmate’s response to previous corrections interventions

• offender’s community support networks

• proposed treatment or counselling programs

what is the assessment for decision?

• document prepared by a parole officer

• addresses offender’s criminal and conditional release history

• institutional and community behavior

• correctional plan progress and offender engagement

• release plan and supervision strategy

what factors do board members focus on when it comes to the individual’s risk?

• criminal history

• institutional behavior and benefit from programs

  • release plan

what are some of the results after members deliberate and decide?

• grant

• deny

• decision deferred pending the gathering of additional information

what are some key considerations that affect parole release decisions?

• aggressive disciplinary incidents while incarcerated

• correctional personnel recommendations for release

• confirmed suitable residence and employment

• support networks in the community

• actuarial measures of risk to reoffend

• criminal history

• participation in treatment programs

what are “paper decisions”?

• they are common

• no hearing

• no opportunity to meet face-to-face with the board

what are some reasons that offenders may waive or postpone their PBC full parole hearings?

• not completed their correctional programs in time for hearing date

• personal reasons (fear and anxiety)

how much percent of the parole board of canada is indigenous?

12 percent

what is section 84 of the corrections and conditional release act?

• opportunity for Indigenous communities to participate in a Community-Assisted Hearing in front of the PBC

• propose a plan for the conditional release and reintegration of the indigenous offender

what is a parole certificate?

a document that contains the standard and, often, special conditions of a conditional release

what are some examples of standard conditions?

• reporting regularly to a parole officer

• obeying the law

• securing permission from the supervising parole officers

• carrying the release certificate and identify card at all times

what are some special conditions?

• participate in correctional program as directed

• inform parole officer of certain types of relationships

• abstain from all intoxicants

• maintain employment

• not have contact with certain persons

what is the canadian victims bill of rights act?

• created in 2015

• the right to information, participation, protection and restitution

what is a victims portal

• notification of parole hearing

• conditional release dates and conditions

• updated photo of the offender prior to release

• information about the offender’s progress towards their correctional plan

what are some issues in parole board decision-making?

• lack of board member diversity

• boards may be subject to public and political influence

• board member discretion

• absence of case information feedback to parole board members