Crim 241 Final

Responsibilities of Provincial/territorial jurisdictions

less than 2 years imprisonment, remand, awaiting federal transfer, immigration detention, probation

Responsibilities of federal jurisdictions

2+ years of imprisonment, conditional release

Static security

Unchanging - fences, cameras, alarms

Dynamic security

constant interactions between staff and inmates

Direct supervision model

staff desk where inmates interact with each other - staff easily accessible and able to mingle with inmates

3 factors to determine someone’s security level: intake assessment

1. Adjustment: how well an intent will adjust to prison - intervention and monitoring, how well inmates get along with staff and peers

2. Escape risk: likelihood of escaping due to previous escape attempts or mental health

3. Public safety: violent criminal history

Minimum security: low risk

• Perimeter: no gates, no fences, no portal, open design - escapes occur often

• Firearm use: only used in emergencies (COs need approval from warden to use)

• Restrictions: free movement except at night, have phone access, try to mimic eventual release

Medium Security

Allows more interaction between inmates than maximum, otherwise essentially the same - inmates are prepared for minimum security

• Perimeter: double fences, alarms, cameras, visitors go through x-rays machines

• Firearm use: around the perimeter, but not used inside

• Restrictions: moderate on movement, interactions, and privileges

Maximum Security

__Perimeter:__ defined, secured, and directly controlled

__Firearm use:__ used around perimeter and inside institution

__Restrictions:__ movement, interactions, and privileges highly controlled

Multilevel institutions

One institution - easier for inmates to access lower security, therefore more motivation for rehabilitation

* All women’s institutions are multilevel

Clustered

Separate institutions, but on one site

Regional Treatment Centres (RTC): psychiatric hospitals

Multilevel and deal with inmates who have health conditions - physical or cognitive

Healing Lodges

Goal: healing + reintegration (address factors for engaging in criminal behaviour)

Eligibility of Healing Lodges

• Security level: minimum/medium for women, minimum for men

• Must be open to Indigenous teachings (do not have to be Indigenous)

Challenges of Healing Lodges

• Proposed solution to Indigenous overrepresentation

• Not enough lodges

• Inequality between CSC operated and S. 81 facilities

• Under capacity

Special Handling Units (SHU)

Facility of last resort - higher than maximum security and is supposed to be a temporary solution

Reasons for Transfer to SHUs

1. There are reasonable grounds to believe there is a risk to the public, staff, or inmates and it has been determined that they cannot be safely managed at any other maximum-security institutions or a Treatment Centre (transfer to SHU is only reasonable alternative)

2. They are identified as a radicalized offender and it has been determined that they cannot safely be managed at any other maximum-security institutions or a Treatment Centre

Resources (un)available in the SHU

• Few/no programs

• Restricted access to mental health services

Release from the SHU

• No objective criteria

• every 4 months there is a reassessment

• arbitrary process

remand

individual is charged and denied bail/waiting for trial OR convicted + awaiting their sentence

Problems with remand

• more expensive

• Overcrowding → less resources

• may be legally innocent

• unprepared for diverse needs

• no resources upon release from remand

Bail

Charged + released with conditions imposed

Operational Challenges of Prisons

• Ensuring safety of incarcerated people

• Upkeep of physical infrastructure

• Overcrowding

• Access to health care

• Ensuring institutional security

Responsibilities of Correctional Officers

1. Security + surveillance (inside prison): CX-01

2. Service - adjustment, needs, re-entry: CX-02

Legal Authority of Correctional Officers:

enforce policies and laws of the institution, NOT to discipline

Requirements of Correctional Officers

• Canadian citizenship

• High school graduation

• CPR/First-aid/automated external defibrillator

• Pass interview, background check, and psychological assessment

Training of Correctional Officers

• Online (4 weeks), 2-4 weeks of written assignments, in person for 12-13 weeks

• Not standardized across provinces

• Mental health training: optional 2 day workshop

Custodial Agena

Control and enforcement

Correctional Agenda

Supporting change

Positive Characteristics of Correctional Officers

__Humane treatment__: care + respect

__Respectability:__ not corrupt

__Consistency:__ even when unkind

Discretion of Correctional Officers

Continuum of rule enforcement - transparency important for positive rapport

Attitude toward decision-making

• “Read the book, but don’t throw the book” - read situation and adjust response based on situation

• Small decisions have large impacts

Correctional Officer Code

• Always help another officer

• Don’t rat out on fellow officers

• Don’t become overly friendly with inmates

• Defer to experience of veteran offenders

Prison ecosystem

mutual shared interest: stability

* both parties held back by
* Concerns and lack of trust
* biases
* Norms and code of conduct

Do correctional institutions correct?

• Prisons don’t deter (experimental effect)

• Focus on deterrence, not rehabilitation

• Limited availability on programs and services

• Prisons are not designed to be rehabilitative environments

Status Degradation Ceremonies

• Physically + psychologically stripped down

• Marks the changing worlds

• No status restoration when re-integrated back into society

State-raised Offender

Homecoming (spend more time in prison than without, function better in prison than outside, lack social skills)

Pains of Imprisonment

* Losses because of imprisonment
* 1. Liberty
* 2. Access to goods and services
* 3. Access to relationships
* 4. Personal autonomy and personal security
* (Loss of dignity, loss of hope, etc.)

Prison Subculture

Social system within correctional institutions

Deprivation theory

consequence of pains of imprisonment

Importation theory

brought into prisons by people - characteristics and attitudes obtained by individuals before entering institutions

Integration model

combines deprivation theory and importation theory - working in tangent

Prisonization

Process of socialization into norms, values, behaviour - how do people get introduced into prison subculture?

Prison food

• inmates constantly hungry

• Resort to canteen which is processed food and is expensive

• Request nutritional assessment by dietician

• Impacts safety and security - food is commodity

Prison Hierachy

Prison structure - status and control

* Informants + snitches, sex offenders (involving children) low on the hierarchy

Human capital

skills and human knowledge for success - obtained through income and education

Criminal capital

• Criminal human capital

• Pre-prison reputation or high-profile crimes

• Obtained through school of crime - getting to know other people and creating networks in prison and social connections

Multiculturalism in Canadian Prisons

• Less segregation by race/ethnicity compared to US prisons

• Belief that Canada is a multicultural country

• Informal rule that there is no tolerance for racism

Systematic Racism

• Racial diversity in incarcerated population - overrepresentation of certain groups

• Due to systemic discriminatory policies and colonial history

Why are Prison Environments of Violence and Exploitation

• Stressful and Restrictive environments due to overcrowding and higher security having more pushback

• violence is an instrument of power and control

  • Gang-related conflicts

  • Collecting unpaid debts

  • “Street beef” that make it into prison

Individual Strategies to mitigate threats of violence

A) Passive: avoiding interactions

B) Aggressive: proactive precautions

Alliance Strategies to mitigate threats of violence

* __Problem__: there may be assumptions that an image is part of a gang in passive strategy
* A) Passive: associated, but not part of a gang
* B) Aggressive: actively involved in gang activity

Segregation

Solitary confinement - prison within a prison

* UN definition: physical isolation in cells for minimum 22 hours without meaningful human interactions - beyond 15 days is torture

Structured Intervention Units (SIUs)

Replaced segregation in 2019

* Inmates are separated from general population for:
* 1. Safety of others
* 2. Safety of the inmate
* 3. Integrity of ongoing investigation

Legislated features of SIUs

1. Infrequent and short stays to “end as soon as possible”

   1. Programs and services provided

   2. Approval by oversight committee to keep someone in SIU

2. Offered an opportunity for minimum 4 hours out of cell

   1. 2 hours with meaningful human interaction

Reality of SIUs

• More than half of SIU stays are more than 15 days

• No legislated maximum stay

• Can’t access programs/services

• First review at 60 days

Impacts of SIUs

• Neurological

• Psychosis and insomnia

• Early mortality

Problems with SIUs

1. Indigenous overrepresentation

2. Mental health overrepresentation

3. Unclear purpose

Characteristics of the Typical Incarcerated Person

• Substance dependency

• Mental health disorder

• History of family dysfunction, trauma, abuse

• Residential instability

• Low education + employment

• Long criminal history

Process of Classification to Developing Correctional Plan

* Classification → Correctional Plan
* Determines security level
* Identifies risks/needs for programming + training
* Decided by past criminal + institutional records, family and victim, court documents, police report

Correctional Plan

maps out what is going to be done in prison (programs)

Release Plan

What the return to community will look like

Case Management

• Team: institutional parole officer, correctional officer, manager

• Goal: support rehabilitation + protect public

• Challenge: short incarceration for provincial/territorial = limited programming, focus on release planning

Risk/Needs Assessment (RNA)

• Done during intake + throughout sentence

• Looks at how likely and individual is to reoffend based on factors (spousal assault, violent youth, sex offences)

“Big four” risk factors

• Antisocial peers

• Antisocial personality pattern

• Antisocial/pro-criminal attitudes (ONLY STATIC RISK FACTOR)

• History of antisocial behaviour

“Moderate Four” Risk Factors

• Lack of attachment to family/marital supports

• School/employment problems

• Lack of prosocial leisure or recreational activities

• Substance abuse

Static risk factors

Unchanging factors - criminal and supervision history

Dynamic risk factors

changeable and criminogenic - potential causes for involvement in crime

Custody rating scale

* assesses security risk
* 12 multiple choice questions - parole officer answers and focuses on severity of offence, past criminal history, substance abuse issues, etc.
* Officers can override scores

Reintegration Potential score

Assess preparedness

* Static or dynamic factors (dynamic factors might be biased as they are based on parole officer’s judgement)

Problems with Classification Tools

• Variation between jurisdictions in assessment tools used and information used in assessment

• Impacts self-perception and imposes stigmas

• Biased towards specific groups (Indigenous, Black, female, mental disorder – more likely to be overclassified)

Obstacles of Prison Programming

• Public consensus is that people in prisons don’t deserve programs – balance between punishment and rehabilitation

• Limited access to programs

• Programs are not being implemented as intended

• There is no throughcare to community programming

Correctional Programs that Reduce Reoffending

• Programs that follow risk-need-responsivity model

• Where participants are motivated and open to change

• Education and vocational programs

• Substance use programs that include cognitive behavioural therapy and throughcare

• Sex-offender specific programs that use RNR + CBT

Conditional Release

The purpose of conditional release is to contribute to the maintenance 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

Purpose of Conditional Release

allowing inmates to have early release from prison, but also ensuring public safety by imposing conditions 

Benefits of Conditional Release

• Reduces recidivism through community supervision

• Minimize pains of imprisonment

• Incentivize good behaviour

• Saves cost for government

History of Early Release

·      Early version: Royal Prerogative of Mercy

·      19th century Alexander Maconochie: Mark system

o   Labour = “marks” (credit) – i.e., 1 day off sentence 

o   Harsh prison conditions not rehabilitative – shorten sentences  

o   1890s: youth in some jurisdictions 

·      Ticket of Leave (1899): release under specific conditions 

o   Early idea of parole

·      Fauteux Commission (1956): recommendation 

o   National Parole Board (Parole Board of Canada) – implement independent review board that is separate from government

Temporary Absences

o   __Definition:__ in the community for a limited time (15-16 days) 

o   __Types:__

§  Escorted: by CSC staff – eligible anytime

§  Unescorted

§  Work release: employment or community service 

o   __Time to eligibility:__

§  Provincial/territorial: varies 

Federal: 1/6 of sentence or 6 months into sentence (whichever is later)

Day Parole

o   __Definition:__ Return at night either to prison or halfway house – granted by Parole Board 

o   __Time to eligibility:__

§  Province/Territories: 1/6 of sentence 

Federal: 6 months into sentence or 6 months before full parole

Full Parole

o   __Definition:__ Live in community in own house under supervision 

§  Successful completion of day parole leads to full parole 

o   __Time to eligibility:__

§  Province/Territories: 1/3 of sentence 

Federal: 1/3 of sentence of 7 years (whichever is SOONER)

Earned Remission

o   __Definitions__: 

§  Provinces: earned remission is earn good behaviour – can also be taken away with bad behaviour 

§  Like ‘marks’ system 

o   __Time to eligibility:__

§  2/3 of sentence 

Province/territories: __earned__ remission; 15 days of credit per month

Statutory Release

o   __Definition:__ is federal and not earned 

o   __Time to eligibility:__ 2/3 of sentence 

Warrant expiry

Where a sentence ends, and the inmate must be released

Most Common Conditional Release Type(s)

• Statutory release is most common: 61.7% (more than half)

• Most people serve 2/3 of their sentence before released into the community

Parole Trends Overtime

·      *Provincial/Territorial Custody for a 1-year sentence:*

o   Soonest to be released is day parole in 2 months

o   Full parole eligibility is in 4 months 

·      *Federal Custody Release for a 6-year sentence:*

o   Temporary absence is in a year

Full parole is 2 years into sentence

Differences between Parole and Statutory Release

1. Parole is a decision made by the Parole Board of Canada + Statutory Release is not a decision, it is mandated by law

2. Life sentences are only eligible for Parole, not Statutory Release

Parole Boards

·      __What are they:__ *Administrative tribunals* – not part of the court system 

·      __Purpose__: grant or deny parole 

·      __Primary consideration:__

o   A) The offender will not, *by reoffending,* present an *undue risk* to society 

o   B) The *release* of the offender will contribute to the protection of society by *facilitating the reintegration* of the offender 

Types of Parole Adjudication

·      1. *In-Office file review* (provincial) 

o   1 board member is to review the case 

o   Common for provincial parole applications

·      2. *In-person hearing*

o   2 board members go to an applicant’s institution 

o   Federal: Institutional Parole Officer (IPO)

Must provide reasons for supporting/not supporting

Parole Hearing Process

·      Before hearing: Assess risk level

o   1. Criminal history 

o   2. Institutional behaviour and benefit from programs 

o   3. Release plan 

·      During: Assess suitability for release 

o   Insight into offence – what were the decisions that led to criminal behaviour

o   Efforts to address issues (i.e., high when crime committed – did you participate in substance abuse programs while incarcerated?) 

o   Remorse + empathy 

Parole Hearing Outcomes

·      *Denied*: deemed too high risk based on the offence, attitude, employment/housing/support/programs 

·      *Deferred*: pending additional information – outcome will be decided later 

·      *Granted:*

o   __Certificate of parole__ needs to be always carried 

§  __Standard__ conditions (everyone gets): report regularly, obey the law, need permission to leave the province or country or to carry weapon, carrying certificate 

§  __Special__ conditions (depend on the individual): program, relationships, substances, employment, no contact with victim, residence requirements 

Other Release Options

o   *Parole by exception:* before day/full parole eligibility 

§  Terminal illness, physical/mental health, excessive hardship 

o   *Detention during statutory release:* individual is likely to commit offence causing serious harm, death, sexual offence involving a child, serious drug offence – reviewed 1-2x per year 

o   *One-chance statutory release:* if you violate conditions, sent back to prison – not released until full competition of sentence 

Challenges of Parole Hearings

1. Cultural and communication barriers – people who sit on parole boards are different from individuals applying for parole

2. “Paper hearings” for provincial/territorial applicants - applicants do not have the opportunity to explain themselves in person

3. Public and political pressure

4. Too much discretion and subjectivity – everyone who has the same factors should have the same outcomes (precedent)

5. No feedback on outcomes of decisions

The Reintegration Process

·      __Definition__: All activity and programs to *prepare* for return as law-abiding citizen 

·      __Goal__: avoid recidivism (ultimately public safety) 

·      Begins at *intake assessment*

·      *Release plan:* live, work (education + programs optional)

Re-entry Needs

1. Housing

   1. Stability = lower recidivism

   2. Females, Indigenous, those who struggle with mental health and substance abuse

   3. Important for supervision and programs

2. Employment

   1. Stable employment = lower recidivism

   2. Incarceration creates barriers to employment because:

      1. Criminal record is stigmatizing

      2. Lack of job skills and gap in employment history

      3. Characteristics of incarcerated people in compound barriers

3. Health Care

Throughcare

Continuity between prison and community resources

Community Parole Officers

• Supervise

  • Released on Parole or Statutory Release

  • Requirements vary

• Responsibilities

  • Risk assessments and case management planning

  • Enforce conditions of parole

  • Assist in accessing programs and services

• Dual role: support + enforce

Peace Bond

·      Common in high risk of offending against children at warrant expiry – issued by law enforcement 

·      __Requirement:__ reasonable grounds of *future* offence 

·      __Process:__ 

o   1. Application heard by judge 

o   2. Judge sets conditions 

o   3. Determines length of bond 

·      Refusal = max 12 months in prison

Violate condition = max 4 years in prison

Circles of Support and Accountability

·      Healing circles and restorative justice – voluntary

·      Purpose:

• Provide support for sex offenders beyond warrant expiry

• Provide meaningful opportunity for community engagement

End of Conditional Release

1. Successful completion of sentence

2. Revocation due to new conviction

3. Suspension: arrested and returned to custody

Factors for Successful Re-entry

• Small majority of people who repeatedly offend

• Support of parole officers

• Unreasonable parole conditions

• Family + community support