Strengthening Management of Offenders and their Reintegration
The Safe Streets and Communities Act provides a number of measures to enhance how CSC manages offenders in institutions and through their transition into the community.
- Electronic Monitoring;
- the process for arresting offenders who breach their conditional release rules;
- automatic suspension of conditional release if an offender receives a new sentence;
- changes to residential requirements for day parole; and
- changes to vehicle searches at CSC institutions.
CSC will work towards establishing EM in order to monitor offender compliance with a condition of a temporary absence, work release, parole, statutory release or long-term supervision that restricts their access to a person or a geographical area or requires them to be in a geographical area. Conditions that EM can monitor must be imposed by the releasing authority (PBC or Institutional Head).
CSC may choose to use a monitoring device for some offenders to help monitor certain release conditions of their temporary absence, work release, parole, statutory release or long-term supervision. These devices will help parole officers to supervise offenders in the community by allowing them to know if an offender violates certain release conditions, such as entering restricted areas like gang territories or schools, and ensure they stay within certain areas such as their supervision zone. EM will not be imposed as a condition of release, but will be used as a tool to monitor conditions of release (such as those restricting an offender from certain areas or imposing a curfew).
Arrest without warrant
Peace Officers (i.e., Police Officers including Community Correctional Liaison Officers) now have the legal authority to arrest an offender without a warrant issued by CSC, if he/she has committed or is found to be committing a breach of a condition of their parole, statutory release or unescorted temporary absence. This can occur unless the peace officer:
- believes on reasonable grounds that the public interest may be satisfied without arresting the person, having regard to all the circumstances including the need to establish the identity of the person, or prevent the continuation or repetition of the breach; and
- does not believe on reasonable grounds that the person will fail to report to his/her parole supervisor in order to be dealt with according to law if the peace officer does not arrest the person.
Offenders who commit a crime and receive a new sentence will have their parole or statutory release automatically suspended, if their conditional release has not been suspended already.
In this circumstance, CSC does not have the authority to cancel an automatic suspension and the Parole Board of Canada (PBC) must review the offender's case. CSC will make a recommendation to the PBC about the offender's parole or statutory release. The offender's eligibility dates (to apply for parole or be released on statutory release) will also be recalculated to incorporate the impact of the new sentence(s). If the new statutory release date or eligibility date falls in the future, the offender may not be released from custody until the new dates, even if the PBC cancels the suspension.
Offenders who are granted day parole are required to return to a penitentiary, community-based residential facility (CBRF) or provincial facility each night or at another specified time. Under the Safe Streets and Communities Act, some offenders may now be eligible to use alternative locations as appropriate, including their home.
The new law also allows for offenders to return to a penitentiary each night or at another specified time (e.g., every other night, or five nights "in" and two nights "out").
Vehicle search at institutions
The new law increases the number of reasons for the search of vehicles at an institution to prevent the entry of contraband or stop an offence from being committed.
The heads of CSC institutions will have the exceptional power to search all vehicles at a penitentiary, when there is a clear and substantial danger to the penitentiary's security or life and safety of persons.
This danger must be proven by evidence that there is contraband at the penitentiary, or that a criminal offence is a) planned, or b) has been committed, and that it is necessary to search the vehicles in order to locate or seize the contraband and avert the danger.
For more information
- Government-wide Forward Regulatory Plans
- The Cabinet Directive on Regulatory Management
- The Red Tape Reduction Action Plan
- The Canada–United States Regulatory Cooperation Council
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