Commissioner's Directive
Pre-Release Case Preparation For Provincial/Territorial Offenders and Federal Offenders Incarcerated in Provincial/Territorial Facilities
AUTHORITIES
- Corrections and Conditional Release Act (CCRA), sections 3.1 and 4, paragraphs 115(1)(a.1) and 119(1)(d) and subsection 119(1.2)
- Corrections and Conditional Release Regulations (CCRR)
PURPOSE
- To provide direction on the completion of pre-release case preparation for provincial/territorial offenders and federal offenders incarcerated in provincial/territorial facilities
APPLICATION
Applies to staff who are responsible for the completion of case preparation for provincial/territorial offenders and federal offenders incarcerated in provincial/territorial facilities
RESPONSIBILITIES
- The District Director will ensure:
- offenders released on parole, statutory release or a long-term supervision order receive a certificate of release
- relevant information regarding the release and supervision of the offender is relayed to the police
- The Area Director will ensure:
- a process is in place with provincial/territorial institutions for notification of parole applications
- administrative procedures are in place to support the completion of all tasks associated with this policy
- The Parole Officer Supervisor will ensure:
- the case is assigned to a Parole Officer
- case management issues related to safety and security are identified and actioned
- The Parole Officer will:
- process offender applications and legislated reviews for conditional release within the timeframes prescribed
- ensure that all information relevant to decision making is shared with the offender pursuant to CD 701 – Information Sharing
- ensure that information is provided to the Victim Services Unit pursuant to CD 784 – Information Sharing Between Victims and the Correctional Service of Canada
PROCEDURES
Eligibility Dates and Authority
- Provincial/territorial offenders serving a sentence of six months or more are eligible for:
- day parole after serving one half of the portion of the sentence that must be served before the full parole eligibility date pursuant to paragraph 119(1)(d) of the CCRA
- full parole normally after serving one third of their aggregate sentence
- A provincial/territorial offender granted full parole will be supervised until the warrant expiry date.
Young Persons
- Young persons serving a determinate adult sentence are eligible for unescorted temporary absences and parole within the same timeframes as adult offenders.
- Young persons serving a life sentence are eligible for unescorted temporary absences and day parole after the expiration of all but one fifth of the period of imprisonment that must be served before full parole eligibility pursuant to subsection 746.1(3) of the Criminal Code. If an additional determinate sentence is imposed, eligibility dates may be affected pursuant to paragraph 115(1)(a.1) and section 119(1.2) of the CCRA.
- The authority for temporary absences for young persons incarcerated in a provincial/territorial facility rests with the Director of the facility except for offenders serving a life sentence.
- 10. For offenders serving a life sentence, Parole Board of Canada (PBC) approval is required for escorted temporary absences prior to the day parole eligibility date, unless the purpose of the absence is for medical or judicial reasons pursuant to paragraph 746.1(3)(c) of the Criminal Code.
General Pre-Release Preparation, Information Collection and Assessment Process
- The parole office where the offender applied for parole will normally be responsible for the case preparation. This applies if the offender is transferred to a different provincial/territorial correctional centre, unless a transfer in responsibility is mutually agreed upon by the closest parole/area office. A case conference between the Parole Officers will occur upon the transfer of responsibilities.
- Case preparation for federal offenders who have been placed in a penitentiary but are temporarily at a provincial/territorial facility (e.g. outstanding charges) will occur pursuant to CD 712-1 – Pre-Release Decision Making.
- Part 1 of the CCRA does not apply to young persons in a provincial/territorial facility. The Preliminary Assessment and Post-Sentence Community Assessment will not be completed. The information gathering process will commence upon application for parole or for a legislated PBC review.
- The Parole Officer will:
- advise the provincial/territorial offender of the timeframes involved in case preparation in relation to his/her earned release date
- request the offender’s admission sheet with the calculated earned release dates, from the appropriate provincial/territorial authority and forward a copy to PBC
- request relevant official information other than what is available from the courts if required (Consent for Disclosure of Personal Information)
- ensure the Case Documentation Checklist is initiated and/or updated
- request archived files
- verify outstanding charges, appeals or immigration status
- verify self-reported information as well as offender engagement from provincial/territorial counterparts who are familiar with the offender
- assess the offender against the Family Violence Risk Assessment criteria
- request additional assessments/reports as required
- advise the Security Intelligence Officer of offenders with gang affiliations, suspected to be a member of a criminal organization, or affiliated with other security threat groups pursuant to CD 5683 – Identification and Management of Criminal Organizations
- assess whether the offender meets the criteria of high profile pursuant to CD 701 – Information Sharing
- collaborate with the Elder/Aboriginal representative
Section 84 Releases
- If the offender is interested in release planning pursuant to section 84 of the CCRA, refer to CD 712-1 – Pre-Release Decision Making.
Pre-Release Case-Preparation Reports
Criminal Profile Report and Correctional Plan
- The Parole Officer will complete a Criminal Profile Report and a Correctional Plan as outlined in Annex B and Annex C:
- within 45 days of receipt of an application, or
- four months prior to a legislated review
- The Correctional Plan will be completed as provided in Annex C. The following key ratings will be assessed (using the direction for Compressed Offender Intake Assessment), pursuant to CD 7056 – Correctional Planning and Criminal Profile:
- level of intervention on static factors
- level of intervention on dynamic factors
- reintegration potential
- accountability
- motivation
- responsivity
- engagement
Long-Term Supervision Order Offenders
- If the offender is subject to a long-term supervision order, the Parole Officer will complete case preparation four months prior to the earned release date.
Community Strategy and Assessment for Decision
- The Parole Officer will consult with the receiving parole office if necessary, to ensure the release plan, that is consistent with the Correctional Plan, can be accommodated.
- The Parole Officer will request a combined Community Strategy/Assessment for Decision for all cases except for those provincial/territorial cases requesting a release to Ontario or Quebec as those are the provinces with provincial boards.
- The combined Community Strategy/Assessment for Decision report will be completed as outlined in Annex D.
- In the case of dual destinations, the Parole Officer will direct the Community Strategy to the area parole office responsible for supervising the longer release period that the Parole Officer is supporting and request a Community Assessment from the other destination.
- Prior to release and, if applicable, during the development of the Community Strategy, the Parole Officer will consult with the Security Intelligence Officer and the Community Corrections Liaison Officer in locations where one is in place, if there are staff safety considerations or if the offender is subject to any of the following factors:
- long-term supervision order with or without a residency condition
- gang/criminal organization/security threat group affiliations
- intensive supervision practice
- The Community Strategy/Assessment for Decision will be completed within 40 days. Exceptions require approval from the Parole Officer Supervisor and will be limited to those cases where information from another destination is required.
Update to the Assessment for Decision or Addendum
- Upon receipt of new information which would change the recommendation, the Parole Officer will normally complete a new Assessment for Decision. If the new information does not change the recommendation, an addendum will be completed.
Urinalysis
- Section 55 of the CCRA, which gives CSC the authority to demand that an offender submit to urinalysis, does not apply to provincial/territorial offenders, unless they have been transferred to a penitentiary.
- If the Parole Officer is recommending a special condition to abstain from the use of drugs and/or alcohol, the Parole Officer must also include an additional special condition, as follows: “To submit to urinalysis on demand, at regular intervals or where the parole supervisor has reasonable grounds to suspect that the condition not to consume alcohol/drugs has been breached”.
Postponement/Withdrawal of Application for Day or Full Parole
- An offender may withdraw or request a postponement of a day parole or full parole review using the Withdrawal form (PBC/CLCC 0086) or Postponement form (PBC/CLCC 0087).
- An offender may not withdraw an application for day parole or full parole within 14 days before the beginning of the review, unless the withdrawal is necessary and it was not possible to withdraw it earlier due to circumstances beyond their control.
Parole Board of Canada Reviews – Provincial/Territorial Offenders
- Normally, a provincial/territorial offender’s application for day or full parole review will be completed through a file review by the PBC. The PBC can decide to panel a hearing when:
- a denial of the parole is being considered
- the case involves an offence in which the victim died
- a provincial/territorial offender is serving an aggregate of more than two years, or
- in their opinion, a hearing is required
Release
- Following a decision by the PBC to grant a conditional release, the Parole Officer will:
- a. verify whether there are outstanding warrants on CPIC
- contact the provincial/territorial authority to confirm the date of the release, travel details where applicable, reporting instructions and any concerns related to the release
- contact the receiving parole office to advise of the pending release and confirm bed space as required
- advise the supervising office where there is evidence of suicide risk (i.e. prior attempts, current ideation or current plan)
- complete the pre-release conference as referenced in CD 712-4 – Release Process
- if possible and appropriate, interview the offender prior to release to discuss his/her immediate needs and/or concerns, release conditions, supervision expectations, their responsibility of meeting court-ordered obligations and consequences of non-compliance
- for those offenders with a victim notification requirement, advise the Victim Services Unit normally five days prior to release
- ensure that a release certificate is prepared pursuant to CD 712-4 – Release Process
Application to Transfer Parole Jurisdictions
- When a provincial/territorial offender who has been granted day or full parole by the PBC is interested in a transfer to a jurisdiction where a provincial parole board has decision-making authority for provincial/territorial offenders, the Parole Officer will contact the regional PBC office to obtain an application form for the offender. The Transfer Procedures of Parole Jurisdiction Agreement identified in Annex E will be followed.
ENQUIRIES
- Strategic Policy Division
National Headquarters
Email: Gen-NHQPolicy-Politi@csc-scc.gc.ca
Commissioner,
Original Signed by
Don Head
ANNEX A
CROSS-REFERENCES AND DEFINITIONS
CROSS-REFERENCES
CD 568-3 – Identification and Management of Criminal Organizations
CD 700 – Correctional Interventions
CD 701 – Information Sharing
CD 702 – Aboriginal Offenders
CD 704 – International Transfers
CD 705-1 – Preliminary Assessments and Post-Sentence Community Assessments
CD 705-6 – Correctional Planning and Criminal Profile
CD 712-1 – Pre-Release Decision Making
CD 712-3 – Parole Board of Canada Reviews
CD 712-4 – Release Process
CD 715 – Community Supervision Framework
CD 715-1 – Community Supervision
CD 715-2 – Post-Release Decision Process
CD 715-3 – Community Assessments
CD 719 – Long-Term Supervision Orders
CD 726 – Correctional Programs
CD 784 – Information Sharing Between Victims and the Correctional Service of Canada
DEFINITIONS
Earned release date: the earliest possible date an offender may be released from custody taking into account all earned remission. Note: Pursuant to subsection 6(1) of the Prisons and Reformatories Act, prisoners earn remission through good behaviour. Every sentenced prisoner may be credited with 15 days remission for each month served. Earned remission is applicable only to provincial/territorial offenders. The provincial/territorial correctional institution will advise the offender of his/her earned release dates.
Postponement: a voluntary written request from an offender to delay his/her parole review or hearing at any time before it begins.
Provincial/territorial offender: an offender serving a non-intermittent sentence of two years less a day and under in a provincial/territorial correctional facility.
Withdrawal: a voluntary written request from an offender advising the Parole Board of Canada that he/she no longer wishes his/her application to be considered.
Young person: a person who is or, in the absence of evidence to the contrary, appears to be twelve years old or older, but less than eighteen years old and, if the context requires, includes any person who is charged under the Youth Criminal Justice Act with having committed an offence while he/she was a young person or who is found guilty of an offence under this Act.
ANNEX B
CRIMINAL PROFILE REPORT FOR PROVINCIAL/TERRITORIAL OFFENDERS – REPORT OUTLINE
CASE STATUS
Name, age, citizenship, sentence length, offences, court sanctions, court orders, outstanding charges including source and details. If the offender discloses information about outstanding charge(s), provide a summary of the charges with the details incorporated under the Criminal History section below. If confirmed that no outstanding charges exists, make a statement to that effect.OFFICIAL VERSION OF INDEX OFFENCE(S)
Concise official version of index offence(s) based on official documentation.
For multiple offences that were committed in a similar manner, do not describe the details of each individual offence but summarize pattern.
Note the following: Reference source document(s) and include: - date and place of offence(s) - how the offence was perpetrated (who, what, where, when, how and why) - offender's role in the offence - nature and gravity of the offence and the degree of responsibility of the offender, including the degree of violence and the use of any weapons - name, role and status of accomplices, co-accused and/or co-convicted - date of arrest and level of cooperation by the offender with authorities following arrest - whether or not the offender’s version is consistent with the official version - whether the offence(s) and/or conviction(s) received extensive publicity - information concerning the offender’s performance if released on bail - sentencing judge’s comments and/or recommendationsOFFENDER’S VERSION – Current Offences
Provide a description of the offences self-reported by the offender including elements such as: violence, weapon(s) used, victim information (who, relationship), factors leading up to the decision to commit, and motive for the offence(s), the part the offender played in the offence, the name, role and status of accomplices, the offender’s attitude towards the offence and the level of remorse, etc.
ASSESSMENT OF HARM AND VICTIM IMPACT
Provide a summary of Victim Impact Statement(s) and description of physical and/or psychological harm to actual or peripheral victim (if applicable).
ANALYSIS OF CRIMINAL BEHAVIOUR
Criminal History
Reference source document(s) and include a brief analysis of criminal behaviour, and include as applicable:
- a concise summary of the offender’s juvenile, young offender, and adult criminal history
- brief details of serious schedule I and II offences
- number of offences causing physical or psychological harm
- use of a weapon
- explicit threats of violence
- behaviour of a sexual nature associated with any offence
- the number of serious drug related offences
- impact on victim(s)
- patterns of convictions
- escalation in offence severity
- information on crime free periods
- organized crime connections and/or gang affiliations
- terrorism related convictions
Institutional/Escape History/Community Supervision (make a synopsis of three sections of current crime)
A brief synopsis of young offender and adult offender institutional adjustment, escapes or attempted escapes (including UALs) and community supervision or breach of trust history.
Include the most recent institutional adjustment, behaviour and attitude while at the remand unit and during the current sentence.
Family Violence
If applicable, provide a summary analysis of the results of the Family Violence Risk Assessment.ANALYSIS OF THE OFFENCE CYCLE
An analysis of the offence cycle is based on the overall pattern of criminal behaviour, not only the current offence. All factors that lead to criminal behaviour(s) must be examined, including the offender’s understanding of the behaviour, a description of the events or situations that lead to the commission of any offence.
Consider:
- crisis situations (personal, financial problems, emotional loss, family, social)
- substance abuse (consumption with disinhibiting effect on thinking or emotions, exacerbated aggressiveness, crime used to support consumption)
- peer pressure (threats, provocation, incitement, seeking approval, association, debts)
- potential victims (victims are accessible, vulnerable)
- potential means (organization, information, weapons and accomplices)
- emotional states (frustration, aggressiveness, loss, negative feelings, mental health issues)
- cognitive processes (perceptions, interpretations, distortion, images, and errors in thought processes)
- adaptation processes (projection, denial, rationalization, and introjection)
- actions and motives (behaviour, impulsivity, etc.)
For Aboriginal offenders, incorporate a description of Aboriginal social history which identifies and analyzes how the following factors have impacted on criminal behaviour:
- effects of residential school system (offender as survivor or intergenerational effects from family’s historical experiences)
- sixties scoop
- family or community history of suicide
- family or community history of substance abuse
- family or community history of victimization
- family or community fragmentation
- level of connectivity with family/community
- level or lack of formal education
- experience in child welfare system
- experience with poverty
- loss of or struggle with cultural/spiritual identity
ANNEX C
CORRECTIONAL PLAN – REPORT OUTLINE
CASE STATUS
Include the offender's age, length of sentence, current offence(s), court imposed orders, outstanding charges or appeals, immigration, deportation or extradition status. Identify the offender's level of participation in the Plan.
STATIC FACTORS ASSESSMENT RATING – Low, Medium or High
Provide a brief analysis of the offender’s criminal history and level of intervention based on static factors.
DYNAMIC FACTORS ASSESSMENT RATING – Low, Medium or High
Provide a brief summary of all seven dynamic factor domains incorporating supplementary assessments and prioritizing areas of need. Identify those domains that are considered contributing factors to the offender’s criminality.
For contributing factor(s) and areas of need, identify the program(s) and/or intervention(s) required to manage risk upon conditional release and what are the expected objectives and gains in measurable, positive goal statements.
Under personal/emotional orientation domain related to the offender’s needs, include psychological, psychiatric, and mental health information.
If applicable, incorporate healing components through consultation with the Elder or Aboriginal Liaison Officer and referencing the Elder Review. Indicate the offender's understanding in relation to the four aspects of traditional healing, and how this may mitigate and assist in the management of risk. Integrating the Aboriginal Continuum of Care, identify the Elder-supported short and long-term traditional goals.
Under the employment domain include an initial education, vocational employment plan that will address the offender’s needs and identify the expectations for future community employment.
Indicate whether the offender has appropriate identification, such as social insurance number, birth certificate, and health coverage, and if not, outline the offender's plan for acquiring needed identification.
ACCOUNTABILITY RATING – Low, Moderate or High
Provide a brief analysis considering the following:
- level of acceptance of responsibility for his/her criminal behaviour
- level of remorse and victim empathy
- institutional adjustment and/or behaviour under community supervision
- conduct that demonstrates respect for other persons and property
- communication to his/her Parole Officer of his/her willingness to engage in his/her Correctional Plan
- active participation in setting and achieving the objectives of his/her Correctional Plan
- an understanding of his/her offence cycle
- an understanding and commitment to his/her relapse prevention
- the meeting of court-ordered obligations
The overall rating of offender accountability is obtained by the following:
LOW – Offender rejects responsibility for his/her actions and fails to recognize his/her problems. Does not disclose emotional states, display guilt or victim empathy with evidence indicating a high level of denial and cognitive distortions.
MODERATE – Offender may not fully accept responsibility for his/her actions but recognizes some of his/her problems. Displays some guilt and victim empathy with some evidence of denial and cognitive distortions.
HIGH – Offender accepts responsibility for his/her actions and recognizes his/her problems. Willing to self-disclose, displays guilt and victim empathy with evidence indicating a low level of cognitive distortions.
MOTIVATION RATING – Low, Medium or High
Provide a brief analysis considering the following:
- recognition that a problem exists with lifestyle, behaviour and resulting consequences
- level of comfort with problem and its impact on the offender's life
- level of feeling of personal responsibility for the problem(s)
- willingness to change, i.e. expression of wish to change, or of intention to fully participate in Correctional Plan
- possession of skills, knowledge required to effect change in behaviour, i.e., is ready to change
- level of external support from family, friends or other community members
- the offender's past history related to demonstrating change
The overall rating of offender motivation is obtained by the following:
LOW – Offender strongly rejects the need for change.
MEDIUM – Offender may not fully accept overall assessment but will participate in recommended programs or other interventions.
HIGH – Offender is self-motivated and is actively addressing his/her problem areas.
RESPONSIVITY FACTOR – Yes or No
If responsivity factor(s) exists, provide a brief analysis. When determining whether the offender’s responsivity is affected, consider the following:
- language barriers interfere with learning, work or intervention
- basic reading and/or writing skills problematic
- concentration problems are evident
- introverted/shy
- displays chronic antisociality
- may have a learning disability
- low self-esteem
- intellectually disabled
- may have other issues that would interfere with programming
- suicide attempts/self-harm history
- grief and loss
- has unique cultural communication style
- expresses interest in strengthening culture
- any other factor
ENGAGEMENT RATING – Yes or No
Provide a brief analysis of the offender’s engagement to:
- actively participate in their Correctional Plan
- be free of criminal and gang activity while under sentence
- display conduct that demonstrates respect
- obey supervision requirements
In order to be engaged there must be a rating of either moderate or high in both accountability and motivation.
REINTEGRATION POTENTIAL RATING – High, Medium or Low
Provide an assessment and clear rationale for the reintegration potential rating based on an analysis of the following (as applicable):
- any available actuarial information
- level of intervention based on static factors
- level of intervention based on dynamic factors
- current security level
- level of motivation
The overall rating of reintegration potential is obtained by the following:
HIGH – Offenders with high reintegration potential should not normally require formal interventions. If required, these interventions should preferably be provided in the community. Other correctional interventions, services and work placements (including employability skills development) may be used, as well as any other risk management strategies, other than programs, in both institutions and the community. See the National Correctional Programs Referral Guidelines.
MEDIUM – Offenders with medium reintegration potential should have institutional correctional programs combined with maintenance programs in the community based on the dynamic factors and the National Correctional Programs Referral Guidelines, , or programs can be provided in the community during the period of day parole or program UTA for personal development prior to full parole release.
LOW – Correctional programs, as outlined in National Correctional Programs Referral Guidelines, and other risk management strategies are to be provided in institutions prior to release, and continued in the community as required.
PSYCHOLOGICAL/PSYCHIATRIC/MENTAL HEALTH INFORMATION (if applicable)
Include a brief analysis of psychological, psychiatric, or mental health information on risk, risk management strategies, and intervention recommendations.
ANALYSIS OF CURRENT REQUEST
Detail the offender’s proposed release plan including the following:
- role played by this release in a long-term release strategy
- release details: proposed release destination (where applicable, identify if the offender has expressed an interest in having an Aboriginal community involved in release planning pursuant to section 84 of the CCRA), accommodation, employment, finance, family support
- the offender’s outstanding risk factors requiring intervention
RISK ASSESSMENT
Summarize the offender’s risk as it relates to the elements of the release plan, including any previous release history, the offender’s involvement in the development of the plan and whether he/she is in agreement with the proposed plan.
Review and integrate into the risk assessment any victim related considerations including, but not limited to:
- risk management concerns regarding potential future victims
- information and comments from sentencing judge with regard to community supervision
- restriction on travel as a result of the proximity of the victim’s residence
- victim requests for non-association, any threats made either before or after sentencing
- other information, consented by the victim to share with the offender, that does not put the victim at risk
Do not document any information related to victim notification.
Indicate whether or not the Case Management Team supports the offender’s release and why.
ANNEX D
ASSESSMENT FOR DECISION/COMMUNITY STRATEGY – DAY/FULL PAROLE PROVINCIAL/TERRITORIAL OFFENDERS – REPORT OUTLINE
1. INTRODUCTORY STATEMENT/CASE STATUS
- Provide a brief statement of the purpose of the report
- Indicate the length of sentence, current offence(s), outstanding charges or appeals, immigration/deportation/extradition status
- Present new information related to the decision, received since completion of the last Correctional Plan
2. RISK ASSESSMENT
a. Risk Factors
- Briefly analyze the offender’s risk factors, specific to the offence cycle as outlined in the Correctional Plan. Incorporate actuarial assessments and reintegration potential as applicable.
b. Release Plan
- COMMUNITY SUPPORT/ACCOMMODATION
- Confirm level of community support. (Contacts will be informed and information provided will be shared with the offender. Should the identity of the contact require protection, the information will be documented in a Protected Information Report. The contact will be informed that a summary or "gist" of any information disclosed will be provided to the offender if this information is to be used in the decision-making process.)
- Comment on appropriateness of accommodation, if relevant.
- Indicate any results of community-based residential facility screening and any recommendations for community-based residential facility placement, if appropriate.
- SUPERVISION STRATEGY
- Summarize the offender's employment/education plans and the appropriateness of these plans. If applicable, comment on impact employment has on risk.
- Summarize the recommended community interventions to address dynamic factors.
- Summarize supervision expectations and measures (e.g., urinalysis) as they relate to the offender's offence cycle, incorporating elements that would signify an escalation of risk.
- Analyze and justify recommended conditions ensuring they are necessary and linked to risk for reoffending.
- Indicate the frequency of contact for the initial release period.
3. OVERALL ASSESSMENT
Provide an overall assessment incorporating the following elements:
- consultation with Security Intelligence Officer, where applicable (e.g., incompatibles and affiliations) (if there are no concerns, a statement should be made to that effect)
- consultation with the Community Corrections Liaison Officer, where applicable, in locations where one is in place, when any of the factors outlined in the “Community Strategy and Assessment for Decision” section of this Directive exist (if there are no concerns, a statement should be made to that effect)
- recent professional opinions regarding release such as from Case Management Team, health care, mental health, psychological information, police comments and/or previous CSC decisions (if applicable)
- previous PBC decision (nature and purpose, all relevant comments, specific reference to relevant issues noted in the decision, including demonstrating how concerns/issues previously raised have/have not been addressed)
- victim concerns (if applicable)
- nature and gravity of the offence and the degree of responsibility of the offender
- current risk
- offender engagement
- outstanding factors requiring intervention
- an analysis of any high risk behaviours or patterns observed during the sentence
- offender's understanding of risk factors and offence cycle (including the four aspects of healing if applicable)
- Aboriginal social history (if applicable)
- history of crime-free periods of supervision, including any previous failures on release (if applicable)
- special conditions, including the rationale for and a statement on the duration (if applicable)
4. DISSENTING OPINION
Specify any differences of opinion and the reasons.
5. RECOMMENDATION
ANNEX E
TRANSFER PROCEDURES OF PAROLE JURISDICTION AGREEMENT
- Upon receipt of an application of an offender for a transfer pursuant to the Transfer of Parole Jurisdiction Agreement, the Releasing Board shall transmit a copy thereof to the Receiving Board and to the Releasing Service.
- Upon receipt of the offender's application pursuant to paragraph 1, the Releasing Service shall forthwith request a Community Assessment from the field or branch office of the Receiving Service which would be responsible for the supervision of the offender in the intended territory of residence.
- The request for the Community Assessment shall contain the following information in writing:
- the full name, the date of birth and the fingerprint system number of the offender
- the name of the institution where the offender is incarcerated or of the office of the Releasing Service which exercises supervision over the offender and a copy of the release certificate, where applicable
- the nature of the offence, the length of the sentence of imprisonment, the date on which the sentence began, the parole eligibility dates and the date on which parole is to expire
- the offender's previous criminal record, or a synthesis of it
- a description of the offender's proposed employment, training or education, and the name, address and telephone number of the employer and of the institutions where the training or education is to take place
- the address and telephone number of the offender's proposed residence, the names of persons living in that residence and their relationship, if any, with the offender
- the names, addresses and telephone numbers of community resource persons and their relationship, if any, with the offender
- a brief summary of the offender's behaviour in the institution and/or an assessment of the offender's performance under community supervision, including previous performance in the community while under supervision
- the nature of any medical or psychological concerns and any relevant supporting documentation that may be available regarding the offender
- any other pertinent information affecting the offender's release or transfer plans including the proposed transfer date, financial circumstances, the parole hearing date, where applicable, and outstanding probation orders and/or criminal charges
- (1) Once completed by the field or branch office of the Receiving Service, the Community Assessment report shall be forwarded as soon as possible to the Receiving Board and to the Releasing Service which requested it; such report shall include the following information:
- an evaluative summary of the offender's proposed release or transfer plans
- addresses and telephone numbers of the field or branch office of the Receiving Board, the Receiving Service and of the local police detachment
- the name of the offender's parole supervisor if the transfer is authorized
- any other relevant information or material
(2) Following receipt of the report, the Releasing Service shall forward a copy of it to the Releasing Board with its recommendation with respect to the parole transfer applied for by the offender.
- Before the Releasing Board authorizes the transfer of the offender, it shall seek approval of it from the Receiving Board and discuss the matter of release conditions that would be imposed upon the offender by the Receiving Board.
- Where the Receiving Board has approved the offender's transfer, it shall inform the offender of the conditions of parole before the offender is effectively transferred to its jurisdiction.
- (1) The Releasing Service shall provide the Receiving Service with the following information:
- the effective date of the offender's transfer
- the mode of transportation to be used by the offender
- a copy of the offender's travel permit issued by the Releasing Board
- a copy of the Releasing Service's file on the offender
- a true copy of the Warrant of Committal
- a copy of the Application and Acknowledgement of Transfer signed by the offender
- any other relevant information or material
(2) The Releasing Board shall ensure that the Receiving Board receives the information referred to in paragraph 7(1) and whatever other information may be required for its purposes.
- A release certificate shall be issued to the offender by the Receiving Board or by the Receiving Service.
- Unless otherwise provided, the offender shall bear all transportation costs to the territory of destination. The Receiving Service shall bear the costs of the Community Assessment report as well as all costs incurred following the actual arrival of the offender to the territory of destination and which are inherent to the supervision, detention and review of the case of the offender.
- Date modified :
- 2013-04-30