Soc 327 - Final exam review
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285 Terms
Education in prison
Not easy to get an education while incarcerated
Offers an escape from the prison environment temporarily
Can make you look like a better prisoner and can possibly get you transferred to lower security if accompanied by good behaviour
Can meet like minded people this way as well
Helps people feel much more accomplished
Good step toward rehabilitation
Evolving prison
Sentences are increasing, prison population is aging, and reintegration is getting more difficult
Programs currently available aren’t successfully addressing these issues
COVID had a significantly negative impact on prisoners, as many of their programs and activities were cancelled
Prison system has gotten worse according to this guy
Parole is more restrictive
Sentences are longer
Responsible choices
Long sentences often make people feel powerless
Help them decide things like who to care for their children while they’re incarcerated
Making sure the women have meaningful options and are informed of the resources available to them so they can make good choices
Gives them the opportunity to make informed choices, which gives them a sense of empowerment and autonomy
Can build self confidence and self esteem
Ex. allowing women to choose the type of programming and work placements they participate in and giving housing information before they’re released
Women’s institutions
Little has changed based on recommendations made by federally sentenced women
Still a striking overrepresentation of Indigenous women in prison systems
Recommended that women’s prisons be built in every Canadian province
Should incorporate independent living and a more humane environment
Normal prison environments can exacerbate pre-existing mental health issues
Should adopt the guidelines set out by human resources and other organizations
SK
Currently and historically has experienced the highest rate of Indigenous incarceration
Has since increased even more
BC
Worst trends in all of Canada
Percent of Indigenous admissions has increased to 33% in 2022
Failure to date
The statutory provision and subsequent direction of the Court has been inadequately implemented by courts
Courts also may not be receiving adequate information to implement Gladue properly
Some also think it’s beyond the court
More effort is called for to ensure consistent application of the law
Need a more holistic approach in general
Prisoners’ rights in Canada
Imprisonment generally reserved for those who have committed the most serious crimes
Federal prisoners, serving a longer sentence, are the ones who have committed more serious crimes
Question of whether or not they should be deprived of some rights of law abiding citizens
Protecting the rights of individual members of our society, even when they have transgressed, lies at the core of Canada’s constitutional and legal frameworks
CJS and corrections need to balance individual rights with public safety
Lock and throw away key
Doesn’t quite align with our criminal code and purposes of sentencing, which include:
Expressing societal disapproval of the individual and denouncing the criminal conduct
Deterring the offender and other potential offenders from further offending
Incapacitating the individual and preventing them from committing further crimes in the community (at least for the length of their sentence)
Providing the offender with treatment and rehabilitative programming to ensure their safe reintegration into society when their sentence is up
Offering time to make reparations for harm caused
Holding people accountable for their behaviour and actions
Purpose of correctional system
Carrying out sentences imposed by courts through the safe and humane custody and supervision of offenders; and
Assisting 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
Why release before sentence over
Parole is the best example of this
Purpose is to further protect society by providing offenders with a transitional period in which they’re still being assisted through programs while they reintegrate back into society
Parole officers can take action if they believe the person is violating their conditions or is planning to commit another crime
Ensure focus on human rights
Correction Systems Canada is monitored and held accountable by external bodies
Responsible to Parliament
Democracy can only be served when imprisonment is humane and respectful
CSC has an offender redress system, which is a formal internal mechanism that addresses complaints by individual prisoners or groups of inmates
Helps give offenders a way to express their concerns while incarcerated
5 areas most likely to be subject of complaints include:
Healthcare
Conditions of confinement
Administrative segregation
Transfers
(loss of) cell effects
Spirit of law
Principles help decision makers exercise their discretion properly
One important one is that offenders retain all the same rights as free members of society, except those that are, as a consequence of the sentence, lawfully and necessarily removed or restricted
A lot of trust is placed on people’s discretion and good judgement, but to help ensure that this is exercised properly, certain procedures have been implemented:
Good training and supervision
Strong accountability mechanisms
Culture that emphasizes sound judgment
Why care about prisoner rights
Canadians should value and protect the rights of all citizens at all times
Human rights are often considered an integral part of of our country’s identity
Respecting prisoners’ rights helps ensure that offenders have the best chance of rehabilitating themselves, which may make the country safer for everyone
When people believe they're being treated fairly, they’re more likely to comply with the law
Respecting rights helps reduce harm caused by offenders both in and out of prison
Federal prison
Responsible for offenders who are sentenced to a term of incarceration of 2 years + a day
Operated by Correctional Service Canada (CSC), whose mandate is established in the Corrections and Conditional Release Act (CCRA)
Responsible for custody of inmates and rehabilitation of those inmates
Supervision of federal offenders in the community
Includes penitentiaries, halfway houses, healing lodges, psychiatric hospitals etc
Provincial prison
Responsible for offenders who are sentenced to a term of incarceration of less than 2 years
Most convicted offenders are under the jurisdiction of provincial / territorial
Governed by specific provincial / territorial legislation
Summary conviction offences
Most custodial sentences imposed by the court are a year or less
Factors for security level
Institutional adjustment: how well is the inmate expected to function in a correctional environment
Previous incarceration
Disciplinary charges
Violence toward staff or inmates
Gang involvement
Current behaviour in custody
Escape risk: likelihood of inmate attempting or succeeding to escape the facility
Past escape attempts
Successfully escaped previously
Seriousness of sentence
Time remaining in sentence
Strength of community ties (reduces escape risk)
Criminal associates (increases escape risk)
Fear of other inmates / desire to avoid consequences
Risk to the public: if there is an escape, how dangerous would the inmate be to the public?
Nature of current offences (violent, sexual, weapons)
Pattern of past violence
Risk of violent reoffending
Predatory behaviour
Substance use
Impulsive behaviour
High potential for serious harm can warrant placement in higher security areas
Min security
Federal correctional facilities that generally have no perimeter fencing and allow unrestricted incarcerated person movement except at night
Usually white collar crimes
People need to be rated low on all 3 above factors
Med security
Federal correctional facilities that have a less highly controlled institutional environment than max security institutions and in which the incarcerated persons have more freedom of movement
Surrounded by high security perimeter fence
Some restrictions on movement
Any rating not aligned with the other two ex. high risk to public but low on the other two
Max security
Federal correctional institutions with a highly controlled institutional environment
Movements are strictly controlled and highly monitored
Inmates are those that are classified in high risk in institutional adjustment or escape risk and risk to public or all 3
Very high security
Certain incarcerated people can’t be held in max security and need special accommodations
Security classification must be re-assessed at least every 2 years for medium and max level (can be moved at any point)
Only one level of security and the provincial / territorial level
Overrep in prison
Indigenous Canadians are almost 6x more likely to be admitted to prison than non-Indigenous Canadians
Overrepresentation exists regardless of jurisdiction, but is more pronounced in some provinces/territories than others
Indigenous women are more overrepresented than Indigenous men
Problem has only gotten worse over the years
A lot of variability between provinces
More pronounced in provincial vs federal facilities
In federal custody, Indigenous women make up 49% of women in that prison
In men, this number is 32%
Black Canadians are more likely to receive a (long term) custodial sentences than white Canadians
Overrepresentation is also more pronounced depending on the province
Varies across jurisdictions
Pains of imprisonment
Loss of liberty
Loss of access to desirable goods/services
Loss of personal autonomy
Loss of personal security
Loss of heterosexual relationships
-
COVID exacerbated all of these pains
More lack of privacy than normal
Liberty and autonomy were made worse
Can be particularly acute for those serving life sentences
Almost impossible to maintain pre-prison relationships
Can lead to self-injurous behaviour and suicide
Offenders who have spent most of their young adult lives in prison (referred to as “state-raised”), may find security in incarceration and may not experience these pains in the same way
Often have limited periods of freedom in the community
Few have family ties
May not have social skills to operate outside of prison
May be scared of the fast pace of life outside of prison
Loss of liberty
With a focus on incapacitation, prison should limit the person’s liberty to protect society from potential harm and reduce crime (at least in the immediate sense)
Physical separations from society and the restrictions on an inmate’s ability to move freely
Implemented in several ways
Restriction of movement into/out of facility
Strict controlling of movement within facility (ex. cells)
Limits access to communications with people on the outside
Loss of goods and services
Those that people enjoyed on the outside
Ex. certain foods, clothes, alcohol
Most will experience a certain level of material deprivation
Relative deficit depends on one’s prior standard of living pre-incarceration and the facility itself
Goods become more sought after due to this relative deprivation (not cheap)
Can create cultural capital
Loss of personal autonomy
People lose the ability to make even the most basic decisions for themselves
Ex. what and when to eat, when to use the bathroom, when to shower, etc
Loss of personal control
Inmates must follow strict rules and schedules which can make them feel quite powerless
The more powerless they feel, the more likely they are to exert control over others or through other resistant strategies
Loss of personal security
Prisons aren’t exactly the safest place, and can be violent where assaults take place
Relates heavily to increased victimization in prisons
Also relates to prison overcrowding
Loss of het relationships
More pronounced in systems and situations where conjugal situations were prohibited
50s dude who did the study said that inmates will try to cope with the loss of these heterosexual relationships by seeking sexual gratification elsewhere, as in with themselves or other inmates
Said this consensual homosexual sex was an adaptation to a unique circumstance, and that inmates would revert to het. sexual activity upon their return to the community
Has been critiqued due to heteronormativity
Doesn’t really apply to ace people
Victimization in prisons
Physical and property victimization are most likely within prisons; sexual victimization occurs at a much lower rate comparatively
Current prevalence of sexual coercion and violence in federal correctional institutions is unknown
Hard to accurately estimate victimization
GSS excludes prison population
Hard for researchers to get access to these institutions
Between 32% and 66% of inmates experience physical victimization
18%-49% experience property victimization (serious psych effects cuz they have limited stuff)
Sexual victimization for men’s prison is about 4% but is ultimately unknown
Majority of inmates DON’T report their victimization (don’t want to be seen as a rat)
Makes themselves a target for further victimization
Don’t want to be seen as weak (lower on hierarchy)
Encourages silence
Purpose of prison victimization
Violence is used as a way to establish and maintain being a “tough guy”
Somewhat less victimization seen in female prisons but it’s still there
Most victimization is actually prisoner-on-prisoner
Correctional officers (COs) are more likely to abuse their discretionary powers in ways that can increase victimization risk
CO abuse is seen at higher rates in remand
Female prisoners more vulnerable to sexual abuse by COs
Double dooring: CO will intentionally unlock 2 cells so prisoner A can beat up prisoner B
Vicarious victimization
Effects of hearing about or witnessing someone else’s victimization
Actually produces similar psychosocial effects as if you were the one experiencing the victimization
Lots of witnesses of physical assaults
Witnessing homicide (not common but still scary)
Witnessing sexual assault
Witnessing theft
Directly relate to negative post-release outcomes where there is a higher risk of arrest and recidivism
Trans people in prison
Experienced increased risk of institutional and person victimization while incarcerated
Institutional violence: ex. forbidding continuance of hormone therapy, placing them in incorrectly-gendered institutions, refusing to use preferred name/pronouns, etc
Personal violence: increased risk of physical/sexual violence, increased risk of self harm and suicide
~60% of trans women housed in men’s prisons have been sexually abused in prison (compared to 4% of cis men)
Day in prison
New inmates often experience severe culture shock, but seasoned ones not so much
All incoming incarcerated persons are given copies of institutional regulations and orientation, but left to their own devices to adapt and develop coping strategies and techniques
An inmate’s day follows the routine of the institution, based on its security classification
6:45am - inmate count
7am - breakfast
8am - go to program, work (min or med), or back to the cell or room (max)
11:45am - return to cell or room for inmate count and lunch
1pm - go to program, work (min or med), or back to the cell or room (max)
4:30pm - return to cell or room for inmate count and supper
6pm - go to recreation, cultural events, self-help groups, etc if permitted
10:30pm - night inmate count
11pm - lock up and lights out
Overcrowding
Common in provincial / territorial and federal institutions
Been an issue since the Kingston penitentiary was constructed in Kingston, ON in 1835
Many Canadian prisons are beyond 100% capacity at present
Some SK facilities are operating at 200% capacity
Results in some incarcerated people sleeping on the floor
Many factors that lead to overcrowding:
Increase in # of people held in remand
Delays in court processing
Longer terms served incarcerated (due to parole decisions)
May not apply for release at their eligibility date
Absence of new facilities
Overcrowding info
Results in the warehousing of offenders to the extent that the focus is on managing the prison populations rather than on rehabilitation
It may be difficult to keep separate people on remand
Overcrowding can limit access to programs and treatment, as well as affect daily prison life
Double bunking: two offenders being confined to a cell designed for one
Now considered standard practice in most institutions which violates the UN minimum standards for prisons
Many offenders leave the institution before completing full course of treatment
May spend longer in their cells in general
Can heighten tensions among people
Impact is reflected in increased instances of assault (93% increased when prison is overcrowded)
Has resulted in more lockdowns, where incarcerated people are confined to their cells for lengthy periods of time
info
Segregation
Physical isolation of people who are confined to their cells for 22-24 hours a day without meaningful interaction with others; AKA solitary confinement
Strategy used to maintain security in the institution and previously to discipline an inmate for misconduct
Segregation is a status and the Canadian term used instead of solitary confinement
Usually don’t have access to programming or usual privileges
Few opportunities for meaningful social interaction
Includes mattress, toilet, sink, and food slot
Types of segregation
Disciplinary segregation: when an incarcerated person has been found in violation of an institutional rule
Ex. didn’t check in for inmate count, violated conditions of their program, etc
Administrative segregation: when an incarcerated person has attempted or intends to act in a way that is deemed to threaten the prison population
Ex. starting a fight, attacking someone, etc
Charter and segregation
In 2019, Canadian courts ruled that prolonged solitary confinement (22+ hours a day) violates the Charter
Structured intervention units replaced segregation to provide inmates with at least 4 hours out of the cell daily, 2 hours of meaningful human contact, and access to programs
Transfers inmates to SIUs when they can’t be managed in their mainstream federal prison population due to risks of their own safety or others
SIUs
Made up of cells, common rooms, program rooms, interview rooms, indoor recreation spaces, and outdoor yard spaces
Both types of segregation have been abolished in Canada since 2019
That said, people who are at risk can be placed in SIUs
Have been increases in # of admissions of Indigenous and Black people to SIUs, despite the overall decline in the use of segregation/SIUs
White incarcerated people # has declined
Indigenous women are more likely to be labelled as high risk and placed in SIUs
Incarcerated people at a high risk of self injury and who have been ID’d as having mental health issues are also more likely to have a history of segregation or SIU (more likely to be rated as high risk and low re-integration potential)
Associated with severe mental health consequences
Issues with segregation
Considerable evidence that segregation causes psychotic disturbances, perceptual disturbances, paranoia, etc
Expecting someone to normally re-integrate into society after this is insane
Contradictory to proportionality, restraint, and goals of rehabilitation
Even with SIUs, there have been reports that inmates don’t receive their full out of cell time and get limited human contact
Lots of people who have served time in segregation and SIUs have committed suicide after becasue of the experience
Guest lecture findings
Successful re-entry into the community after incarceration as an ongoing, evolving process
Person-specific conditions and barriers:
Survival
Personal development and employment
Healing: religion and culture
Relationships with others and oneself: readiness for change
Context specific conditions and barriers:
(Lack of) institutional support
Short term (provincial) incarceration
Social disorientation and anxiety
Isolation
Social exclusion and stigmatization
Fragile community supports
Lack of institutional support
Limited support responding to experiences of trauma and re-entry planning while incarcerated
Kind of just thrown back into society with limited support
Not given resources to re-integrate
Addictions, low self-esteem, not enough programs for those re-integrating into society
Lack of housing is a huge issue
End up dead or get sucked back into your old habits
Social disorientation / anxiety
Don’t know how to interact in normal society
Simplest of tasks can be overwhelming
Sometimes don’t know the social script for purchasing things
Re-entry success depends on attending to minor details
Some steps marginalized people need to take are those that don’t register for the average person
Some people treat prison as a temporary refuge from life on the street
Social exclusion
Response of the community to FIW isn’t great
“Othering” is a very real thing and contributes to feelings of isolation
It has an impact on FIW and often bothers them
Know the situation but don’t know the story
Employment difficulties are significant, more so for women than men
Men get a lot of labour-type positions and often don’t need a criminal record check
Women typically enter into ‘pink collar’ services, most of which require a record check
Women who turn to the sex trade after this rejection from typical employment aren’t uncommon
Transitions come with multiple parts, and it’s not a straightforward path
Even short term incarceration can do a lot of damage and contribute to stigmatization
Re-integration appears to set people up for failure
Short-term effects are arguably worse than long term (no parole, no help from federal)
Often shunned by community after release
RNR model
Tailored treatment for offenders that focuses on the offender’s risk of reoffending, their criminogenic needs, and their learning styles, motivations, and strengths
Most commonly used framework
Risk: level of treatment and service is matched to the person’s risk of reoffence (treatment interventions will be more successful when the intensity is matched to the risk)
Need: assesses criminogenic needs (AKA risk factors for reoffending) and targets those needs in the treatment program while incarcerated
Biggest criminogenic needs/risks relate to antisocial peers, personality, or attitudes, and having a history of antisocial behaviour
Moderate criminogenic needs:
Lack of attachment to family
Education/employment difficulties
Lack of prosocial connections and leisure/rec activities
Substance abuse
Responsivity: learning style, motivation, abilities, and strengths
One size fits all won’t work here
RNR info
Variety of programs, but most frequently are substance use management, violence prevention (including family violence), anger management, education courses, and vocational/work programs
Federal programs are much better
Provincial can’t provide same intensity and level of services
Programs for specific types of offenders
Justice programs inside prison (ex. restorative justice)
Don’t really exist at the provincial level
Effectiveness of treatment programs is mixed
General consensus is that it can work, but only sometimes
Those based on the RNR model can show reductions in recidivism between 10%-40%
Key thing that can get overlooked is responsivity, cuz when it’s not tailored, it’s less effective
COSA for sex offenders has a reduction in recidivism by about 70%
Those higher on the anti-social criminogenic needs are less likely to find this treatment helpful
info
Federal work programs
Prison factories have existed as long as penitentiaries in Canada
By the 1830s, Upper Canada started to grow, and governments at the time believed that work, including in prison, help with rehabilitation (ex. acquiring skills to get jobs after release)
Was a little bit controversial because people were afraid it would hurt businesses elsewhere
Federal work programs are operated by CORCAN, a special operating agency of CSC
About half of federally incarcerated people have high-moderate educational and employment needs
Give job-related training
Includes 5 areas:
Manufacturing: creating dorm furniture, office furniture, etc
Textiles: making clothing, uniforms, bedding, towels, etc
Services: laundry, printing, re-conditioning military vehicles, etc
Construction: roofing, electricity, plumbing, etc
Agriculture: farming, livestock care, maple syrup production, etc
Payment levels for fed workers
Levels A-D
Allowance
Basic allowance
CSC deducts 22% per week from payment levels A through D for food and accommodation
If you have other income, they can deduct up to 30%
Can deduct up to $18 a day and $90 a week
Pay level reviewed at least every 6 months
Arguable financial incentive to keep people behind bars (corporate cheap labour)
Payment level A
For inmates who have been earning level B for past 6 months (min)
Have no unauthorized absences
No unjustified late arrivals or early departures
No convictions for disciplinary offences
Demonstrate high level of accountability, motivation, and engagement with your correctional plan
Have not been placed in a specialized unit (ex. special handling unit or any kind of segregation)
No affiliation with security threat groups (ex. gangs)
Demonstrate full participation with correctional plan
Exceed expectations for your program, interpersonal relationships, attitude, and motivation
Can get demoted back to B
Payment level B
For inmates who have been earning level C for past 6 months
Have good attendance and punctuality (some flexibility)
No convictions for serious disciplinary offences
Can’t be positive for drug tests
Full and active participation in Correctional Plan
Have to demonstrate a moderate level of accountability, motivation, and engagement with correctional plan
Meet expectations in regards to relationships and behaviour
Payment level C
For inmates who have participated in assignments specified in their Correctional Plans
Going to ALL their necessary programs in correctional plan
Not going above and beyond at all
Not meeting expectations, but still doing it
Might have disciplinary offences
As long as they’re engaging in their correctional plan
Payment level D
For inmates who refuse to participate in all programs specific in their Correctional Plans
Participate in work part of correctional plan but that’s it
Ex. not going to their alcoholics anonymous program
Allowance vs basic allowance
For inmates with authorized absences from work programs or are unable to participate for reasons outside of their control
Ex. sickness, approved religious regions to miss work, private family events, etc
Usually only for a period of time
Reasons beyond control: being put in SIU, temporary absences, lack of work availability, etc
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For inmates who refuse to participate in work programs
Prisoners’ rights
Living conditions
Health care
Voting
Right to complain
Living conditions
“The service shall take all reasonable steps to ensure that penitentiaries, the penitentiary environment, the living and working conditions of inmates and the working conditions of staff members are safe, healthful and free of practices that undermine a person’s sense of personal dignity”
Overcrowding vastly undermines this right
Healthcare in prison
“The Service shall provide every inmate with (a) essential health care; and (b) reasonable access to non-essential health care”
Non essential may include: contact lenses, chiropractors (inmates must pay for these services)
Don’t have to pay for essential services
An inmate has the right to refuse/withdraw from treatment at any time
Have to give informed consent for treatment
Prison voting rights
Before 1993, no inmate could vote
Before 2002, federal inmates weren’t allowed to vote
With R v Sauve, all inmates can vote in federal and provincial elections
Prisoners still can’t vote in the US though
Right to complain
“If an offender is dissatisfied with an action or a decision by a staff member, the offender may submit a written complaint to the supervisor of that staff member”
Offenders can be prohibited from submitting complaints if they are determined to be “frivolous, vexatious or not made in good faith”
Internal redress system
Specifically when you’re upset with a staff member’s actions
Most complaints are about healthcare, segregation, conditions of confinement, loss of personal items, etc
Life after imprisonment
Ex offenders face many challenges after release from prison
A lot of research has been conducted regarding what makes people stop engaging in crime, also referred to as desistance from crime
In the last 20 years, rates of reoffending have steadily increased in numerous countries
In Canada, this is particularly applicable to Indigenous, female, Black, Asian, and other ethnic minority offenders
Important to understand if re-offending is something that can be reduced through programs and/or policies
Housing
Critical in helping ex-offenders
Could reduce reoffending by at least 20%
Those released from prison who have access to housing are more likely to attain employment, education, and other training, which will get them on the road to successful re-integration
Over 75% of those released from prison who did not have access to housing were back in jail within the first year of release
Compared to 50% of those who did have access to housing
Housing crisis is made worse for those who have criminal records
Even those who are provided with housing have issues because the accommodations are subpar
As in, they don’t meet health and safety standards
Poor housing quality has been linked with increased anxiety, depression, stress, insomnia, and panic attacks
Some refer to certain property crimes committed by houseless people as “crimes of survival”
Employment
Stable employment has been linked to lower rates of re-conviction
Also a protective factor against future reincarnation
Fairly uncommon amongst previous offenders
About 50% of prison-leavers found employment within 14 years of their release
Those who did attain employment earned less and received more social assistance payments
Less than half of the income compared to the general population
Such outcomes are more prevalent for Indigenous people, females, and BAME offenders
Partially due to low educational achievement of the prison population, with many lacking even a high school diploma
These disadvantages are especially pronounced for those who go to prison during their youth or young adulthood
Discriminatory hiring practices also obviously play a role
Even mere contact with the CJS has been found to severely limit subsequent employment opportunities
As many as 2/3 men admitted to federal institutions being unemployed at the time of their arrest
Most fail to secure employment when they’re released
Mental health upon release
Unaddressed mental health issues can be exacerbated by going through the prison system
Can influence all aspects of a person’s reintegration journey
Can make pre-existing struggles for reintegration worse
Rates of mental health disorders are higher among incarcerated people when compared with the general population
Almost 80% of federally sentenced women meet criteria for a mental disorder
Poor mental health is often the result of abuse and trauma suffered prior to incarceration
Prison often makes these issues worse
Probation officers
Probation: offender is placed under community supervision for a specified period of time
Not a jail sentence; supervised release
Can be used alongside other sentences (ex. fines or time in jail)
Can only do probation and ONE other sentence (3 or more sentences is unacceptable)
Only for provincial / territorial offenders
Probation caseloads vary significantly depending on the size of the town/city
Duties of probation officers vary depending on what part of the province they’re in
Youth probation officers have fewer clients but more extensive responsibilities (need to keep in contact with parents, teachers, counsellors, etc)
Probation order
Legal document requiring the offender to comply with probation conditions for a specific time period
Cannot exceed 3 years
Three standard conditions:
Keep the peace and be of good behaviour
Appear before the court when required by the court
Notify the court or probation officer in advance of any change of name or address and promptly notify the court or probation officer of any change of employment or occupation
Judges can also impose other conditions designed to respond to the specific needs of the individual offender
Also supervise offenders sentenced to a conditional sentence of imprisonment, which is served at home
Mandatory conditions
Keep the peace
Attend court
Notify of change (name, address, job) relatively quickly
Optional probation conditions
Report to probation officer
No communication (direct or indirect) with victim, witnesses, or anyone else probation order dictates
Curfew
Remain in jurisdiction (residing, working, shopping, etc)
Can restrict people from going to specific places
Sex offenders are always prohibited from going to parks, playgrounds, schools, etc
Abstinence of drugs / alcohol (prescriptions don’t count)
No weapons
Make restitution (repair harm to victim/community)
Community service work (up to 240 hours)
Breaching probation
An offender who is bound by a probation order and who, without reasonable excuse, fails or refuses to comply with that order is guilty of (considered a hybrid offence)
An indictable offence and is liable to imprisonment for a term of not more than 4 years OR
An offence punishable on summary conviction
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Probation officer discretion is key
This is a new charge and a new offence
Reasonableness of what probation officer evaluates
Easiest violations are the hardest to prove (ex. lifestyle)
Meant to rehabilitate but still could result in new charges
Compliance with probation
CC: an adult has breached probation when they’ve failed or refused to comply with a probation condition “without reasonable excuse”
Not every violation of probation will result in the offender’s return to court
Probation officers must make the final decision whether to charge someone with breaching a probation order
Often requires a good deal of discretion
Rarely charge someone whose missed one or two appointments
However, if the offender establishes a pattern of missing appointments after repeatedly being cautioned, a probation officer will pursue a charge
In high risk offenders, probation officers won’t wait for a pattern to be established because they must consider the victim and public safety
“Reasonable excuses” can be hard to determine when the offender has a mental illness
Community service work can cause problems for offenders who are employed full time
Even more problematic is community service work for sex offenders and those with disabilities, since it’s difficult to place them in a community service work agency
Restitution
Courts often try to order the offender to do something to repay the victim
When the amount of money is relatively small and the offender’s ability to make restitution is clear, restitution is usually made and no enforcement is necessary
However, if the amount is significant and the offender can’t pay it all, they’re set up for failure
In cases where victims have no other way to get their money back, probation officers are very reluctant to deny the victims their entitlement to see the offenders held accountable for nonpayment
Conditions that restrict lifestyle
Easiest violations of probation to prove are also the most difficult on which to obtain convictions (lifestyle conditions)
Ex. abstaining from alcohol or drugs, or seeing a mental health professional regularly
Violations are often discovered by police or probation officers
Determining that the offender breached the condition without “reasonable excuse” is complicated
A return to court for a breach of the treatment condition may hold the offender accountable without addressing the underlying problem that gave rise to the offending
Probation for young people
Max probation period is 2 years instead of 3 for adults
Influence of peer groups is more of a consideration in youth
Generally, courts impose as few conditions on young people as possible
Instead favour more restorative and rehabilitative practices
Conditional sentences
CSI: a sentence imposed on an offender who would otherwise be incarcerated for a period of less than 2 years but whose risk is determined to be manageable in the community
House arrest; IS a term of imprisonment
Not everyone is under house arrest though
Not just rehabilitative, but also punitive
Supervised by probation officer
Only for provincial / territorial offenders
Serve prison sentences at home
Must comply with conditions, and will be sent to provincial prison if they violate these conditions
About 50% of those serving a prison sentence are serving part or all of it in the community
Similar to parole
Imprisonment contributes to family and marriage breakdowns and has negative effects on employment
Short prison sentences lead to higher rates of reoffending
Conditional sentence orders
Mandatory:
Keep the peace
Report to probation officer
Attend court
Remain within jurisdiction
Notify of change
Optional conditions:
Curfew
Counselling
Community service work
No contact / area restrictions
No driving (mostly for those who have a driving-related offence)
Residential treatment
Not to be in the presence of people under 16
Breaching a CSO
Few options available:
Take no action: has to be a very minor breach
Change the optional conditions: add or amend conditions
Suspend the CSO: CSO order will stop at that point, which means the rest of the unexpired sentence will be served in prison
Doesn’t END the CSO
May alter conditions upon prison release
Terminate the CSO and direct that the offender be committed to custody until the expiration of the sentence
Go to jail and serve remainder of sentence in prison
If a breach of conditions allegation is made, the offender may have to prove that the breach didn’t occur (reverse onus)
Judge determines how they’re going to handle the breach
Community sentence conditions
Offence of which the offender has been convicted does not automatically involve a minimum mandatory term of imprisonment
The court decides that a sentence of imprisonment of less than two years is appropriate
The court is satisfied that serving the sentence in the community would not endanger the community
The court is satisfied that such a sentence would be consistent with the fundamental purpose and principles of sentencing set out in sections 718 to 718.2
Objectives of CSOs
Provide court with an alternative to institutional imprisonment for short terms
May reduce volume of admissions into provincial institutions
Transform contemporary conceptions of imprisonment
May encourage the public to view prison differently than just bars
Provides courts with a punitive sanction that also creates opportunities for restorative justice
Assist in reducing the number of Indigenous people in custody
Current use of conditional sentence
Many offenders bound for prison were able to remain in the community, serving their sentences at home, under supervision and subject to various conditions and liberty restrictions
Number of conditional sentences imposed has declined in recent years due to restricted use in certain cases
CSI accounts for about 10% of all sanctions
Immediate imprisonment accounts for about 33% of all sentences
Public’s opinion of CSIs
Public isn’t very aware of what CSI actually means, but they usually don’t support its use for serious offences
Most support its use for nonviolent crimes
Those who know more about CSI are more supportive of its use in reasonable circumstances
Public is also more supportive when they’re given facts about the case
Impacts of conditional sentences
Ambiguity surrounding conditional sentences (can sometimes lead to confusion)
Increases likelihood of breaches being made if they aren’t well-aware of limits of the conditions imposed upon them
(absolute) house arrest can be more difficult on offenders than other conditional sentences, though still has the potential to be rewarding
The conditions that are most difficult also account for the most breaches (ex. curfew)
Despite ability to remain within the community, there’s still the potential for;
Stigma regarding explaining the situation and conditions
Strain on relationships
Anxiety
Conditional sentence orders
If a person is convicted of an offence and the court imposes a sentence of imprisonment of less than two years, the court may, for the purpose of supervising the offender’s behaviour in the community, order that the offender serve the sentence in the community if:
The offence of which the offender has been convicted does not automatically involve a minimum mandatory term of imprisonment
The court decides that a sentence of imprisonment of less than two years is appropriate
The court is satisfied that serving the sentence in the community would not endanger the community
The court is satisfied that such a sentence would be consistent with the fundamental purpose and principles of sentencing set out in sections 718 to 718.2
Conditional release
A generic term for the various means of leaving a correctional institution before the warrant expiry whereby an offender is subject to conditions that, if breached, could trigger revocation of the release and return to prison
Parole is one type of conditional release
Supervised re-entry into the community before the warrant expiry date (end of the sentence)
The purpose is to contribute to the maintenance of of a just, peaceful, and safe society by means of decisions on the timing and conditions of release that will best facilitate the rehabilitation of offenders and their reintegration into the community as law abiding citizens
Temporary absence
Occur outside of the 3 main sentence dates when inmates can be released
For medical (ex. surgery), family (ex. funeral), employment (ex. job interview), or education purposes
Short-term, typically only for a day but can be a little longer due to travel or recovery
Can be either escorted (ETA) or unescorted (UTA)
ETA: with someone like a CO, CSC staff member or elder, for the most high risk people
Rare for a high risk offender to get an ETA for ex. a funeral
UTA: for lower risk people, on good faith that you’ll go where you’ve been approved to go and then come back
Typically, the first type of release granted for federal offenders; most common for provincial offenders (most frequently granted type of parole)
Temp release federal
ETA at any time
UTA varies with length and type of sentence (ex. max security inmates aren’t eligible)
3+ years, you can apply after serving ⅙ of your sentence
2-3 years, you can apply after serving 6 months of your sentence
Life sentence, you can apply 3 years before the full parole eligibility date
Temp release provincial
Some jurisdictions allow inmates to apply immediately
Others require a certain waiting period
Others require it to happen with electronic monitoring only
Day parole
The authority granted by a parole board that provides an opportunity for an incarcerated person to be at large in order to prepare for a full release (e.g., for a job search) while returning at night to an institution or, more typically, to a community residential facility
Preparation for full parole when an inmate is allowed to be released during the day and must come back to the institution or halfway house in the evening
Participate in community based activities
Can have a job
Day parole federal
Can apply six months prior to full parole eligibility date or after serving six months of the sentence (whichever is a longer, depends on length of sentence)
Full parole eligibility is ⅓ of the sentence
Day parole eligibility: 6 months before full parole eligibility date or after serving 6 months
Differs for life sentences
Day parole provincial
Not available for ON and QC
Those serving 6+ months eligible after serving half of their sentence before full parole
Less than 6 month sentence = not eligible for day parole
In general, there are different parole eligibility for provincial anyway
Full parole
The authority granted by a parole board for an incarcerated person to be at large under supervision in the community for the remainder of their sentence
Typically will get granted day parole first and then full parole, but it doesn’t have to happen this way
Go to a parole supervisor on a regular basis, have check-ins
Still have to meet conditions
Can be put back into prison for breach of conditions
Full parole federal
Non-murder sentences - ⅓ of sentence (reapply after 2 years)
Different depending on 1st or 2nd degree murder (reapply after 5 years)
1st degree - eligible after 25 years (judge has discretion if they want to lengthen it based on multiple murder charges)
2nd degree - eligible after 10-25 years (number set by judge during sentencing)
Full parole provincial
After serving ⅓ of sentence
ON is different - if you’re sentenced to less than 6 months, you can apply for full parole at any time, otherwise, you serve to ⅓ of your sentence
Statutory release
A type of conditional release (made by the CSC and not the PBC) that allows incarcerated federal offenders to be released at the two-thirds point in their sentence and to serve the remaining one-third of their sentence under supervision in the community
When someone’s released at the ⅔ point in their sentence, typically those who haven’t applied for parole or have been denied full parole
Mandatory release of people into the community (for federal offenders)
Still under full parole conditions (supervised and can be sent back)
Point is rehabilitation and reintegration
If there are public safety concerns or risk of offender, CSC and PBC can override this law
Can be REVOKED if;
Likely to commit serious harm or death related offence
Sexual offence against a child
Serious drug offence
Stat release federal
For most offenders, it’s after serving ⅔ of their sentence (if not released on parole)
Life or indeterminate sentences are not eligible for this
Indeterminate sentence: no fixed end date, fairly uncommon, designated for those determined to be violent and dangerous offenders (ex. sexual crimes), serious risk to society, unlikely to be rehabilitated
Stat release provincial
They have earned remission instead, which is basically the same thing
Any inmate at this level earns remission based on days served inside the institution
Earn 1 day of remission for every 2 days served
Max amount in 30 days would be 15 days
Counts toward their sentence
Can be released after serving ⅔ of their sentence technically
Not guaranteed (if there’s any disciplinary violations, no progress to conditional plan, failure to comply with condition, etc) then any or all remission they’ve earned can be revoked
Once someone is released, they are free (not supervised and no conditions attached) unless they commit a new offence
Conditional release chart
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Parole process
Release plan: a plan setting out the residential, educational, and treatment arrangements made for an incarcerated person who is applying for conditional release
Made by the inmate with the help of correctional staff
Where they can live, employment prospects, halfway house arrangements, drug treatments, etc
Assessed through community assessment
Community assessment: an evaluation of the feasibility of the release plan, the level of supervision required, and the availability of community resources
Prepared by the probation or parole officer
Extent to which they’ve accepted responsibility
Information provided by victims
PBC members use the information in the release plan and community assessment to determine whether conditional release should be granted, including any conditions
Pre-release planning is very important for reintegration success, but many people don’t receive this support
Indigenous offenders are much less likely to receive any form of release and often serve until their statutory release date
Parole hearing
Usually presided over by two board members and held in the institution where the incarcerated person is being held
Consider several documents, such as police reports, record of convictions, correctional plan progress report, victim impact statements, etc. to assess suitability of release and risk to community
Ask offender for release plan, can ask for more detail, ascertain truthfulness of plan
If parole board determines the risk of the offender is not manageable in the community, the application (for day or full parole) will be denied
Will set out targets to deal with and factor in for a more successful outcome when they re-apply (more for federal offenders)
If parole is granted, a certificate of parole is prepared, including mandatory and additional conditions (ex. going to a specific treatment program)
Where PBC is responsible for provincial/territorial parole, no hearing is held
All decided by written reports
Offender makes their case in writing
Board members then get together and decide
Challenges to reintegration
Stigma
Increased difficulty securing (especially stable, well-paying) employment
Certain release conditions can affect employment (ex. geographic restrictions or curfew)
Reliable transportation can be difficult and impede success
Increased housing difficulties
13x more likely to be houseless if incarcerated
⅓ of those released are released with NFA (no fixed abode)
Limited access to education (even with educational programs)
2x as likely to lack a high school diploma
8x more likely to lack a degree (university or college)
Limited social support
Increased stigma
Excluded from community and loved ones
Can be worsened for those who are prevented from contacting certain friends or family members if they have criminal associations
Access to health services
Any unmet health needs affect all other areas of reintegration
Incarceration increases mental health difficulties and this can affect ability to reintegrate successfully
Also related to substance abuse difficulties and accessing support services (especially due to cost)
Electronic monitoring
Correctional strategy that involves placing an offender under house arrest and then using electronic equipment to ensure that the conditions of supervision are fulfilled
Can track offender’s movements on an ongoing basis
Not all provinces / territories have EM programs
BC, SK, and ON make good use of it
QC and NW territories don’t really use them
US uses it a LOT more
Front end use: applied to sentence at sentencing stage (ex. released on probation with EM)
More likely to be used if an offender’s risk is low enough to release into community but still high enough risk to warrant it
Back end use: being released on a temporary absence, EM due to breach of conditions, etc
EM info
Most common uses of EM:
Bail or probation condition
Monitor offenders on intermittent sentences, conditional sentences, temporary absences, or parole
Typically, only offenders with stable residence and a phone are eligible
Not well-available for lower SES people
Becoming more common
Can reduce overcrowding in prisons
Option for bail instead of remand
Can reduce costs and recidivism
Some people don’t like it because it’s extending state surveillance to the person
Privacy concerns
Thought to protect victims (notify if offender breaches no contact areas)
Easier for probation officers to know if there’s been a breach
Used especially for sex offenders as a condition of early release or just in general
Also used for intermittent sentences
info
Effectiveness of alternatives to confinement
Research suggests conditional sentences may be more effective than imprisonment in reducing recidivism
Effective for a wide range of offenders, including violent offenders
Breach of conditions can be likely
Indigenous offenders 35% more likely to be charged with breach of CSO and have that sentence terminated (spend the rest in prison)
Effectiveness of CSOs and CSIs depends on onerousness of conditions, length of time, how much knowledge offender has of the conditions, etc
EM can play a significant role in reducing recidivism, including among more serious offenders
CSC’s EM research pilot shows that among medium/high risk offenders, non-EM participants are 67% more likely to return to custody than EM participants
EM participants also spend a longer time in the community before their first suspension or revocation