Designation of Release Sites Other than Penitentiaries

POLICY OBJECTIVE

1. To identify processes required to designate sites other than penitentiaries from which offenders may be released.

AUTHORITY

2. Corrections and Conditional Release Act (CCRA), sections 92 and 93

APPLICATION

3. This directive designates places other than penitentiaries from which offenders may be released. They include parole offices, provincial institutions, community offices or other sites pursuant to an agreement with the province. They may also include police detachments.

4. Those affected are:

1. an offender on day parole who is granted a full parole to follow continuously from the day parole; or
2. an offender on a temporary absence or day parole who will proceed directly to statutory release upon expiration of the temporary absence or day parole; or
3. an offender serving a sentence in a provincial institution pursuant to an Exchange of Services Agreement, who is granted parole or who is required to be released subject to statutory release; or
4. an offender who has reached his or her warrant expiry date.

RESPONSIBILITIES

5. Regional Deputy Commissioners will ensure that agreements are in place with police detachments to release offenders, where required.

6. When an offender's conditional release has been revoked, terminated or interrupted, he or she can be released from a provincial institution without being returned to a penitentiary.

7. In these cases, the Area Director or designate (of the parole office responsible for the offender):

1. must confirm with the Regional Chief, Sentence Management, that the offender is eligible to be released and on what type of release; and
2. will advise the Director of the provincial institution in writing of his or her authority to release the offender.

ENQUIRIES

8. Strategic Policy Division
National Headquarters
Email address: Gen-NHQPolicy-Politi@CSC-SCC.GC.CA

Annex A - Cross-References and Authorities

CROSS-REFERENCES

Commissioner's Directive 712 - Case Preparation and Release Framework

Commissioner's Directive 715 - Community Supervision Framework

AUTHORITIES

Corrections and Conditional Release Act (CCRA), sections 92 and 93

General

92. An inmate may be released from a penitentiary or from any other place designated by the Commissioner.

Timing of release from penitentiary

93. (1) Except as provided by subsection (2), an inmate who is entitled to be released from penitentiary on a particular day by virtue of statutory release or the expiration of the sentence shall be released during normal business hours on the last working day before that day.

Earlier release in some cases

(2) Where the institutional head is satisfied that an inmate's re-entry into the community will be facilitated by an earlier release than that provided for by subsection (1), the institutional head may release the inmate up to five days before the day on which the inmate is entitled to be released by virtue of statutory release or the expiration of the sentence.

When inmate deemed released

(3) An inmate who is released pursuant to subsection (2) shall be deemed to have been released by virtue of statutory release or the expiration of the sentence, as the case may be, at the moment of actual release.

Timing of release for directed parole

(3.1) An inmate who is to be released on full parole by virtue of a direction of the Board under section 126 shall be released during normal business hours on the day established pursuant to section 120, or, if that day is not a working day, during normal business hours on the following working day.

Release on request

(4) Where an inmate who is in penitentiary pursuant to subsection 94 (1) requests to be released, the Service shall release the inmate as soon as reasonably possible, but is not required to release the inmate except during normal business hours on a working day.

(5) [Repealed, 1995, c. 42, s. 23]