Commissioner's Directive

Long-Term Supervision Orders

PURPOSE

  • To provide direction on assessing and managing the transition of offenders subject to a long-term supervision order and ensuring continuity of the Correctional Plan
  • To provide direction on activities related to the laying of information following a breach of a condition by an offender subject to a long-term supervision order

APPLICATION

Applies to staff involved in the case preparation and supervision of offenders subject to a long-term supervision order

RESPONSIBILITIES

  1. The District Director will ensure:
    1. mechanisms are established with the provincial/territorial Attorney General to deal with breach of order charges
    2. processes outlined in CD 784 – Victim Engagement are respected.
  2. The Area Director will ensure:
    1. mechanisms are in place to manage the suspension and breach process
    2. communication is maintained between the parole office, Sentence Management, police and courts throughout the breach of order process.
  3. The Parole Officer Supervisor/Community Correctional Centre (CCC) Manager will:
    1. ensure recommendations regarding special conditions are specific and exact as they will be subject to scrutiny if a breach of conditions is brought before the court
    2. notify the provincial/territorial National Flagging System Coordinator when a recommendation to lay information to charge is submitted to the Parole Board of Canada (PBC).
  4. The Parole Officer will:
    1. upon recommendation by the PBC, present the case of breach of condition, either directly or through the police, to the provincial/territorial Attorney General for consideration of laying a charge of breach of a long-term supervision order
    2. ensure information pursuant to section 26 of the CCRA is provided to the Victim Services Unit (refer to Annex D of CD 784 – Victim Engagement)
    3. if there is a victim notification required flag, request victim information from the Victim Services Unit, as well as any victim statements pursuant to subsection 134.1(2.1) of the CCRA
    4. when required, contact the Victim Services Unit to advise of a recommendation to remove or modify a condition that was imposed to protect a victim and consider victim concerns, if any, pursuant to subsection 134.1(5) of the CCRA.
  5. Sentence Management will calculate new dates (e.g. release dates as a result of a new sentence, expiration of residency condition) for offenders subject to a long-term supervision order, as required.

PROCEDURES

Case Preparation for Long-Term Supervision Orders

  1. Prior to warrant expiry date, offenders subject to a long-term supervision order are eligible for all forms of conditional release. Case preparation responsibilities will follow the standards relevant to the type of release.
  2. If the offender subject to a long-term supervision order is provincially sentenced, the community Parole Officer in the area closest to the provincial/territorial facility will:
    1. obtain critical documents identified in the Case Document Checklist
    2. complete case preparation four months prior to the release date pursuant to CD 712-5 – Pre-Release Case Preparation for Provincial/Territorial Offenders and Federal Offenders Incarcerated in Provincial/Territorial Facilities
    3. ensure the offender is informed of his/her rights pursuant to section 84.1 of the CCRA
    4. complete an Assessment for Decision as outlined in Annex B, if required.
  3. If the offender subject to a long-term supervision order is in a federal institution, case preparation will be initiated six months prior to release pursuant to CD 712-1 – Pre-Release Decision-Making.
  4. If the offender subject to a long-term supervision order is on conditional release, the Parole Officer will complete documentation three months prior to warrant expiry pursuant to CD 715-2 – Post- Release Decision Process.
  5. The Parole Officer will consider victim information, as well as any victim statements provided pursuant to subsection 134.1(2.1) of the CCRA or victim concerns provided pursuant to subsection 134.1(5) of the CCRA.

Conditions

  1. Standard conditions pursuant to subsection 161(1) of the CCRR apply to offenders subject to a long-term supervision order, in addition to special conditions imposed by the PBC.
  2. Offenders are bound by their release conditions even if they refuse to sign their long-term supervision release certificate.
  3. Special conditions will be specific and exact as the consequences of a breach may lead to a charge pursuant to section 753.3 of the Criminal Code. They will be clear and directly related to the offender's risk.
  4. Special conditions imposed on parole or statutory release do not automatically carry over to the long-term supervision, unless explicitly stated in the PBC decision.
  5. When a long-term supervision order is interrupted by a custodial sentence, the original special conditions will apply when the order is resumed.
  6. The special condition to reside in a community-based residential facility or mental health facility imposed by the PBC is limited to a maximum of 365 days. If CSC submits a subsequent recommendation to prolong the residency condition, it will be subject to a review by the PBC. If CSC does not submit a subsequent recommendation to prolong the residency condition, the Correctional Plan will be updated 30 days prior to the expiration of the residency condition, and the residency condition will automatically expire at the end of the duration imposed by the PBC.

Supervision Activities

  1. All offenders who are supervised in accordance with a long-term supervision order fall under federal jurisdiction, and will be supervised pursuant to CD 715 – Community Supervision Framework.
  2. Offenders subject to a long-term supervision order who had been detained will be supervised at level I or level A – Residency, if residing in a CCC or community residential facility, for at least 90 days following release. Any exceptions to this standard (e.g. where at the 30-day review, the Parole Officer and Parole Officer Supervisor/CCC Manager assess that intensive supervision is not necessary) require approval by the Area Director and documentation in the Correctional Plan Update.

Procedures Following Breach of Condition(s) or Increase in the Level of Risk

  1. The Parole Officer must immediately inform a person with designated authority for suspension pursuant to section 135.1 of the CCRA when:
    1. there is a breach of condition
    2. information indicates a potential increase in risk, or
    3. the offender has refused or is unable to provide a urine sample.
  2. The Parole Officer and person with designated authority will consider the factors outlined in the Rating Reassessment Framework (Annex C) in determining the most appropriate intervention considering the following:
    1. suspension of the long-term supervision
    2. additional treatment or programming to address dynamic risk factors
    3. additional control measures (e.g., increased reporting, curfews, special instructions/direction)
    4. disciplinary interview
    5. amendments to special conditions
    6. suitable cultural alternatives or interventions.
  3. If the risk is assessed as unmanageable, the suspension process will be initiated.
  4. If a warrant of suspension, apprehension and recommitment is not issued, the Parole Officer will update the Correctional Plan within 14 days, using the report outline in Annex D. Reports pertaining to a positive urinalysis or inability/refusal to provide a urine sample will be shared with the PBC.

Suspension of a Long-Term Supervision Order

  1. Automatic suspension following a new conviction does not apply to offenders subject to a long- term supervision order.
  2. The process of issuing a warrant of suspension, apprehension and recommitment relating to a long-term supervision order is the same as for the suspension of a conditional release. Once the warrant is executed, the process differs significantly as revocation cannot be recommended and the suspension expires if more than 90 days pass or a breach charge is laid.
  3. The Parole Officer and the person with designated authority pursuant to section 135.1 of the CCRA will follow the procedures in CD 715-2 – Post-Release Decision Process if a decision is made to suspend a long-term supervision order.
  4. A long-term supervision order can be suspended for the following reasons pursuant to section 135.1 of the CCRA:
    1. when a breach of a condition has occurred
    2. to prevent a breach of a condition, or
    3. to protect society.
  5. The Parole Officer will contact police and, if necessary, the Security Intelligence Officer to provide all relevant information to assist in the timely apprehension of the offender.
  6. Cases of offenders unlawfully at large may be referred to the Security Intelligence Officer.
  7. The District Director or designate of the operational unit will ensure there is a system in place that guarantees ongoing efforts are made to locate an offender unlawfully at large. This may include contact with the offender’s family, associates and other agencies. These efforts will be documented.

Options for Committal After Warrant of Suspension, Apprehension and Recommitment Has Been Issued (as per Paragraph 135.1(1)(c) of the CCRA)

  1. The suspension and committal to a community-based residential facility is an alternative to consider where the return to secure custody is not deemed necessary. Under normal circumstances, voluntary residency or the use of a special condition to reside are alternatives that are feasible in these circumstances. The community residential facility Director must agree to such a measure. When the assessment of the offender suggests that this measure is adequate to control the risk, it becomes a viable option.
  2. The suspension and committal of an offender to a mental health facility will be approved by the facility before the warrant is issued. The committal of the offender to a mental health facility must be on a voluntary basis and the facility must be willing to accept the offender.
  3. The suspension and committal to custody follows the same process as the commitment of an offender under a warrant of committal.
  4. Following the execution of a warrant of suspension, apprehension and recommitment, the Parole Officer or National Monitoring Centre will immediately forward the Notification to Detention Centre Following Execution of a Warrant (CSC/SCC 1338) to the Detention Centre or police authority holding the offender.

Post-Suspension Interview

  1. The Parole Officer will conduct a post-suspension interview with the offender pursuant to CD 715-2 – Post-Release Decision Process.

New Convictions/Sentences

  1. When the offender is convicted of a new offence and remains in the community, the community Parole Officer will update the Criminal Profile and inform Sentence Management. If the offender is returned to the penitentiary, the institutional Parole Officer will update the Criminal Profile.
  2. A non-custodial sentence is served concurrently with the long-term supervision order and does not interrupt the order.
  3. A new custodial sentence for an offence that occurred prior to the imposition of the supervision order is served concurrently with the order and does not interrupt the order.
  4. A new custodial sentence for an offence that occurred during the supervision period causes an interruption of the order. The long-term supervision order resumes on expiry of the new sentence.
  5. Any new custodial sentence which interrupts the supervision order will be served in a federal institution even if it is less than two years. The offender is eligible for all forms of conditional release during this sentence.
  6. The procedure for the admission of offenders with an interrupted supervision order is the same as for offenders whose release was revoked, even if, technically, the admission is new. A decision to refer an interrupted long-term supervision order to an Intake Assessment Unit is based on factors outlined in CD 705-6 – Correctional Planning and Criminal Profile.

Cancellation of Suspension by CSC

  1. The cancellation of a warrant of suspension, apprehension and recommitment relating to a long- term supervision order will be conducted pursuant to CD 715-2 – Post-Release Decision Process.
  2. When cancellation of the suspension is considered following a new conviction, the Parole Officer will consult the Sentence Manager to verify the consequences of such a decision in light of the additional sentence.
  3. When the suspension is cancelled by CSC, the Parole Officer will update the Correctional Plan of the offender within 14 days, using the report outline in Annex D. Reports pertaining to a positive urinalysis or inability/refusal to provide a urine sample will be shared with the PBC.

Referral to the Parole Board of Canada for Decision

  1. A decision to cancel the suspension or a referral to the PBC for a post-suspension decision will be made as soon as possible, but no later than the thirtieth day after the offender's commitment to custody.
  2. The referral will include:
    1. the Assessment for Decision (see Annex B)
    2. the Reason for Suspension form (CSC/SCC 0345)
    3. the Correctional Plan Update (as outlined in Annex E of CD 715-1 – Community Supervision)
    4. the Community Assessment (if required).
  3. Possible CSC recommendations and PBC decision options for offenders subject to long-term supervision orders are as follows:
    1. suspension cancelled
    2. suspension cancelled with conditions altered
    3. order the cancellation not take effect until the expiration of a specified period ending on a date not later than on the 90th day in order to allow the offender to participate in a program that would help ensure that society is protected from the risk of the offender re-offending
    4. referral to the Attorney General (of province or territory where offender is located) with a recommendation to lay information to charge the offender pursuant to section 753.3 of the Criminal Code.
  4. In instances where a recommendation to lay a charge is submitted to the PBC, or the police lays a charge directly, the Parole Officer Supervisor/CCC Manager will notify the National Flagging System Coordinator in that province/territory.
  5. Upon receipt of new information which would change the recommendation, the original completing operational unit will complete a new Assessment for Decision.
  6. If the offender has been transferred to a federal institution and the new information does not change the recommendation, the Parole Officer receiving the information will complete an Addendum to the Assessment for Decision, following consultation with his/her counterpart.

Loss of Jurisdiction

  1. A loss of jurisdiction will occur, making it necessary to release the offender immediately, if:
    1. the Assessment for Decision does not include an assessment of the case and a recommendation, and the specified timeframe has expired, or
    2. the referral is not submitted to the PBC within the specified timeframes.
  2. If a loss of jurisdiction occurs, the Area Director will advise the local police, the PBC (if required), the District Director, and Sentence Management at the institution where the offender was incarcerated at the time of release.
  3. The District Director will immediately advise the Regional Deputy Commissioner of a loss of jurisdiction pursuant to CD 715-2 – Post-Release Decision Process.

Expiration of Warrant of Suspension, Apprehension and Recommitment

  1. If the case is referred to the PBC, the warrant of suspension, apprehension and recommitment is valid for a period of up to 90 days from the date it is executed and the PBC cannot, by law, extend it by decision. This 90-day period includes the first day of the offender’s commitment to custody on the warrant of suspension, apprehension and recommitment. If a charge is laid pursuant to section 753.3 of the Criminal Code, the warrant of suspension, apprehension and recommitment expires.
  2. If the warrant of suspension, apprehension and recommitment expires, the offender will be released unless there is a court order remanding him/her in custody. The Attorney General is responsible for bringing the case before the court to deal with the issue of bail or remand to custody.

Direct Charge by Police or Crown pursuant to Section 753.3 of the Criminal Code

  1. The police or Crown Attorney can directly charge an offender with a breach pursuant to section 753.3 of the Criminal Code without a recommendation from CSC or PBC.
  2. Upon receiving information that an offender has been directly charged with a breach, the Parole Officer will inform the person with designated authority and the Sentence Manager.
  3. The Sentence Manager will verify that a direct charge has been laid by obtaining either a copy of the sworn information, judge’s order, warrant of arrest, or notice for first appearance. He/she will then advise the Parole Officer.
  4. The Parole Officer will immediately advise the police that the suspension has expired as a result of the laying of the charge. The Attorney General is responsible for bringing the case before the court to deal with the issue of bail or remand to custody.
  5. The Parole Officer will update the Correctional Plan to advise the PBC within 30 days of the notification of the direct charge.
  6. If a recommendation to lay a charge has already been submitted, the Parole Officer will notify the PBC of the direct charge within one working day and will update the Correctional Plan within 30 days of the notification of the charge.
  7. Where a direct charge is laid prior to CSC completing a referral to the PBC (i.e., within the first 30 days of CSC’s suspension warrant), the Parole Officer Supervisor/CCC Manager (or person with designated authority pursuant to section 135.1 of the CCRA) will notify the PBC within one working day.

Laying of Information for a Breach Charge

  1. A breach of order charge can only be pursued when a specific instance of breach of conditions has occurred. The Parole Officer will provide the Attorney General sufficient evidence to prove beyond a reasonable doubt that a condition has been violated.
  2. The Parole Officer will provide the Attorney General the following information at a minimum for consideration to proceed with a breach charge:
    1. the PBC decision
    2. the relevant Assessment for Decision
    3. the Correctional Plan
    4. documented proof of the existence of the long-term supervision order
    5. the long-term supervision release certificate
    6. a precise description of the breach.

Application by the Parole Officer for the Reduction or Termination of a Long-Term Supervision Order

  1. The Parole Officer will submit an Assessment for Decision (Annex B) which will address the grounds that the offender no longer presents a substantial risk of re-offending.
  2. If the application to reduce or terminate the order is approved by the PBC, the Parole Officer will give notice of the application to the Attorney General.

Application by the Offender for the Reduction or Termination of a Long-Term Supervision Order

  1. If the offender applies directly to the court for a reduction or termination of the order, the onus of proof is on the offender. Upon request of the Attorney General, the Parole Officer will provide an Assessment for Decision addressing the risk of re-offending.

High Profile Offenders

  1. If a review involves an offender with a high profile offender flag, the procedures regarding high profile offenders will be followed pursuant to CD 701 – Information Sharing.

Commissioner,

Original Signed by:
Don Head

ANNEX A - CROSS-REFERENCES AND DEFINITIONS

CROSS-REFERENCES

 

DEFINITIONS

Attorney General: the provincial/territorial Attorney General or designate where the offender resides.

Charge is laid: when an information is sworn alleging an offence committed by the offender, or where a direct indictment is laid against the offender when no information is sworn.

Long-term supervision order: an order imposed by the court as a sentencing option to an offender designated as a Dangerous Offender pursuant to section 753 of the Criminal Code or as a Long-Term Offender pursuant to section 753.1 of the Criminal Code. The offender who has received such an order is supervised in accordance with the CCRA. The long-term supervision order commences when the offender has finished serving all sentences for offences for which he/she had been convicted. The period of supervision to which the offender is subject at any time must not total more than 10 years.

Victim Information: victim-related information, provided either in writing or verbally, for consideration as part of the overall case management process. This would include information provided by the victim and/or other sources. This also includes the court Victim Impact Statement, when available.

Victim Statement: a written statement provided by the victim pursuant to subsection 133(3.1) or 134.1(2.1) of the CCRA, describing the harm done or loss suffered as a result of the commission of an offence or the continuing impact of the commission of the offence on the victim – including any safety concerns – or commenting on the possible release of the offender, including any requests for non-association and/or geographic restriction conditions. The statement will be considered in the pre- release decision-making process for consideration to impose conditions to protect the victim.

ANNEX B - ASSESSMENT FOR DECISION FOR LONG-TERM SUPERVISION ORDER – REPORT GUIDE

Preamble

The Overall Assessment must provide the decision-maker with an assessment that supports a recommendation concerning release and/or special conditions. The assessment is based upon information and analysis derived from other key case management documents but, in particular, the Criminal Profile, Correctional Plan or Correctional Plan Update and the Community Strategy. Using this information, the assessment must consider the relationship among the various factors as well as their relative weight in formulating and justifying a recommendation.

The assessment must contain information that is up to date, relevant, accurate and complete. It must be balanced, containing both positive and negative aspects of the case. The assessment must reconcile the discordant information while providing a recommendation with a clear rationale and justification based upon the Risk Assessment Framework (Annex D of CD 715-2 – Post-Release Decision Process).

Conceptually, there are two sets of related questions that the assessment must address:

Has the offender's Correctional Plan been successfully implemented and has it been effective?

In other words, what changes in the offender's attitudes and/or behaviour have occurred since the beginning of the sentence and what effect have these changes had on the offender's risk level? Has the offender been motivated to change and has he/she been engaged in the correctional planning process? How does the offender demonstrate his/her understanding of his/her crime cycle? In the case of an Aboriginal offender who has been engaged in Pathways or cultural interventions, what changes are observable?

Is the proposed release plan and supervision strategy adequate to address the offender's outstanding risk, support his/her reintegration and ensure a safe release?

In other words, how will the available programs and/or interventions mitigate risk? If there is a Healing Plan on file, how has the offender been engaged in the plan? What other positive community supports (including family, friends, Aboriginal community, employers, volunteers, agencies) are available? Are there negative aspects to consider in the release environment? Can the specific areas of risk be effectively managed by the Parole Officer and others in the Case Management Team? How can the offender’s behaviour and special conditions be effectively monitored? How do victim concerns impact the release plan?

Assessment for Decision Report Headings

State the purpose for the assessment and identify any relevant documentation that must be read in conjunction with it, including the Criminal Profile Report, the most recent Correctional Plan Update and the most recent Community Strategy, if applicable.

The following areas must be evaluated as well as their relative weight in formulating and justifying a recommendation. Explain how each of these relevant factors aggravates risk, mitigates risk or has no impact on risk, and discuss the cumulative impact of these factors against the actuarial scores/results.

The Pre-/Post-Release Assessment for Decision Tool should be consulted for a comprehensive listing of the factors that are relevant when completing the Overall Assessment.

Criminal History and Conditional Release History

Assess the relevant aspects of the criminal history and conditional release history.

If the offender is Aboriginal, explain how his/her Aboriginal social history has impacted his/her criminal history and how the historical treatment of Aboriginal people has affected the offender’s community, the family and the offender. Assess the Aboriginal social history – including effects of the residential school system – to determine what culturally appropriate/restorative measures are available and/or will be put in place in the community to assist the offender.

Institutional/Community Behaviour

Assess the offender’s overall behaviour in the institutional or community setting.

If the offender is Aboriginal and following a traditional path, how is the offender working with the Elder? Engaging in ceremony? How has the offender responded positively to the direction of the Elder? Of the Aboriginal Liaison Officer?

Correctional Plan Progress and Offender Engagement

Assess the degree of impact of the programs and other interventions that have been provided on each of the targeted dynamic risk factors. The key consideration is whether there has been a reduction in risk.

For Aboriginal offenders following a traditional path, how did programs and interventions take account of the offender’s culture and background, including Elder involvement and interest in CCRA section 81 or 84 options?

Release Plan and Supervision Strategy

Assess the offender’s new release plan, highlighting strengths and weaknesses as well as the proposed supervision strategy, if applicable.

For Aboriginal offenders who are interested in following a traditional path, what culturally appropriate programming is available, including involvement of Elders, Aboriginal Community Liaison Officers, home community or different Aboriginal community (sections 81 and 84 of the CCRA)? What are the appropriate resources available in the community? If, for any reason, their home community is not considered suitable, how would a different Aboriginal community provide a higher level of support?

Assess victim information and indicate how the release plan will mitigate any identified risk. Pursuant to subsection 134.1(2.2) of the CCRA, if a victim statement has been provided pursuant to subsection 134.1(2.1) of the CCRA, consider whether any conditions are reasonable and necessary to protect the victim; the reasons to recommend a condition or not must be documented. If such a statement has not been provided, nothing precludes the author from recommending any conditions pursuant to subsection 134.1(2) of the CCRA.

If recommending the removal or modification of a condition which was imposed to protect a victim, consider every victim’s concerns pursuant to subsection 134.1(5) of the CCRA.

If a case is made for a residency condition for an offender on statutory release, particular care must be taken to ensure that the legislated criteria are met. It is not enough to state that residency will be beneficial; the Parole Officer must be able to demonstrate that, in the absence of a residency condition, the offender will present an undue risk to society. This requires both establishing how the residency condition will ensure that there is not an undue risk and demonstrating that other possible supervision strategies are insufficient to manage risk.

If a case is made for a residency condition for an offender subject to a long-term supervision order, the Parole Officer must demonstrate that the condition is both reasonable and necessary in order to protect society and to facilitate the successful reintegration into society of the offender. Residency conditions for an offender subject to a long-term supervision order may only be imposed for a maximum of 365 days.

Recommendation(s)

ANNEX C - RATING REASSESSMENT FRAMEWORK

Level of Intervention Based on Static Factors

  1. A review of static factors (i.e. based on historical information related to risk that is available at the time of the offender’s admission to federal custody, such as rating on the Statistical Information on Recidivism Scale, criminal history record, offence severity record, sex offence history, detention criteria) produces a reliable estimate of the probability and severity of re-offending. This estimate, originally determined at intake, appears as a rating of level of intervention based on static factors. The rating is normally accurate throughout the offender’s period of incarceration and for the first six months of supervision on conditional release, at which time dynamic factors related to performance on release become increasingly dominant.
  2. The predictive accuracy of this rating can be improved in some cases by reviewing the following factors:
    1. time since the offender’s release
    2. existence of collateral contacts that could assist in the supervision
    3. significant disciplinary problems, suspensions or police intervention in the last year
    4. offender's progress and motivation to participate in his/her Correctional Plan.
  3. Only a significant and sustained change in the offender’s performance or situation justifies an increase or a decrease in the level of intervention based on static factors. Guidelines for adjusting the level are as follows:
    1. LOW
      • If the previous rating was LOW and there have been no significant changes in the above factors.
      • If the previous rating was MEDIUM and there have been significant and sustained improvements in the above factors.
    2. MEDIUM
      • If the previous rating was MEDIUM and there have been no significant changes in the above factors.
      • If the previous rating was HIGH and there have been significant and sustained improvements in the above factors.
      • If the previous rating was LOW and there has been significant and sustained deterioration in the above factors.
    3. HIGH
      • If the previous rating was HIGH and there have been no significant changes in the above factors.
      • If the previous rating was MEDIUM and there has been significant deterioration in the above factors.

Level of Intervention Based on Dynamic Factors

  1. Reassessing the level of intervention based on dynamic factors begins with the reassessment of each of the dynamic factors, by examining each of the following areas:
    1. progress related to the Correctional Plan
    2. anything else that may affect the intensity of the dynamic factor (e.g., changes in personal situation, health, etc.).
  2. The rating for each dynamic factor may be as follows:

    ASSET
    – factor seen as an asset to community adjustment

    NONE – no need for improvement

    LOW – low need for improvement

    MODERATE – medium need for improvement

    HIGH
    – high need for improvement.
  3. Reassessment of the overall rating can then be conducted by examining the number and seriousness of the dynamic factors.
  4. The overall rating should only change if there are some changes in the reassessment of the dynamic factors. The overall rating may be:
    1. LOW
      • No identified dynamic factors (e.g., factors seen as an asset to community adjustment and/or no immediate need for improvement)
      • Relatively few identified dynamic factors and rated as “low or medium need for improvement”
    2. HIGH
      • Few identified dynamic factors but rated as “high need for improvement”
      • Multiple dynamic factors identified (regardless of degree or severity of needs)
    3. MEDIUM
      • Any combination of dynamic factor severity and number that lies outside of either the low or high scoring guidelines as identified above.
  5. During the reassessment process, it is possible to identify new dynamic factors for which intervention may improve the chances for the offender's eventual reintegration.

Level of Motivation

  1. The criteria for reassessing motivation are:
    1. recognition that a problem exists with lifestyle, behaviour and resulting consequences
    2. level of comfort with problem and its impact on the offender’s life
    3. level of feeling of personal responsibility for the problem(s)
    4. willingness to change, i.e. expression of wish to change, or of intention to fully participate in Correctional Plan
    5. possession of skills and knowledge required to effect change in behaviour, i.e. is ready to change
    6. level of external support from family, friends or other community members
    7. past history related to demonstrated change.
  2. The level of motivation can be assessed as:
    1. LOW
      • Offender strongly rejects the need for change or is unwilling to participate in recommended programs or other interventions.
    2. MEDIUM
      • Offender may not fully accept overall assessment but will participate in recommended programs or other interventions.
    3. HIGH
      • Offender is self-motivated and will actively address problem areas.

Reintegration Potential

  1. The reassessment of reintegration potential is based on the analysis of the offender's progress and the following elements:
    1. score on the Statistical Information on Recidivism Scale
    2. level of intervention based on static factors
    3. level of intervention based on dynamic factors
    4. level of motivation
    5. release history (number, type, success or failure).
  2. The reintegration potential should only change if the above have changed, and should be rated as:
    1. LOW
      • If the previous rating was LOW and there have been no significant changes in the above factors.
      • If the previous rating was MEDIUM and there has been significant deterioration in the above factors
    2. MEDIUM
      • If the previous rating was MEDIUM and there have been no significant changes in the above factors.
      • If the previous rating was HIGH and there has been significant deterioration in the above factors.
      • If the previous rating was LOW and there have been significant improvements in the above factors.
    3. HIGH
      • If the previous rating was HIGH and there have been no significant changes in the above factors.
      • If the previous rating was MEDIUM and there have been significant improvements in the above factors.

ANNEX D - CORRECTIONAL PLAN UPDATE –COMMUNITY PROGRESS – RELEASE MAINTAINED – REPORT GUIDE

The main purpose of the Correctional Plan Update is to report on the offender’s progress in meeting his/her Correctional Plan objectives. When a Correctional Plan Update is prepared because release is being considered, the report includes the offender’s proposed release plan and provides sufficient information to support a request for a Community Strategy.

When an Assessment for Decision is prepared, the Correctional Plan Update becomes a key document that both supports the assessment and recommendation as well as decision making.

The report contains the following sections:

Section 1 – Objectives/Expected Gains

Case Status

Provide a brief synopsis of the case, including:

  • the purpose of the update
  • the offender profile, offence, offence history (which normally is unchanged from the intake Correctional Plan)
  • deportation/immigration status (which normally is unchanged from the intake Correctional Plan)
  • the circumstances of the suspension/increase in risk
  • the offender’s version if the report is related to a breach and/or increase in risk.

Ratings Reassessment and Correctional Plan Progress

Using the Key Ratings Reassessment Framework in Annex C of CD 715-1 – Community Supervision, update the relevant ratings, highlighting any changes that have occurred from the beginning of the sentence. Specify what changes, if any, have occurred concerning the Correctional Plan objectives, including court-ordered obligations, commenting on the impact of programs and interventions, updated mental health information and relevant security information.

  • Static Factor Assessment Rating
  • Dynamic Factor Assessment Rating
  • Accountability Rating
  • Motivation Rating
  • Responsivity Factor
  • Engagement Factor
  • Reintegration Potential Rating
  • Mental Health Information.

Offence Cycle

Update, if required, the offence cycle, and comment on any changes regarding the offender’s understanding of the cycle.

Correctional and Sentence Planning

In consultation with the offender and other members of the Case Management Team, update the Correctional Plan goals and objectives, including the healing components, where required. Summarize the overall level of progress since the last review. The objectives will be individualized, structured, measurable, attainable, relevant and time-bound, while setting the framework for managing the sentence.

Section 2 – Analysis of Current Request

If a new Community Strategy is required, summarize the offender’s release plan, including the following:

  • the outstanding risk factors requiring intervention
  • the community interventions that would be required to target the outstanding risk factors, and in the case of an Aboriginal offender following (or interested in following) a traditional path, also include any community cultural activities/ceremonies will be undertaken which will help to assist the offender, as well as any interventions noted in a section 84 agreement
  • specifics of the proposed release plan, including destination (and, if applicable, whether section 84 of the CCRA applies and any resulting agreement with the offender’s home community or alternately another Aboriginal community that engages in section 84 with the offender), employment, accommodation, family support
  • victim considerations, including possible restrictions on travel, requests from victims for non-association conditions, sentencing judge comments.

For more information

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians websites.