Commissioner's Directive

Post-Release Decision Process

RESPONSIBILITIES

1. Following the offender’s suspension, the Regional Deputy Commissioner will immediately report a loss of jurisdiction and any subsequent release of the offender to the Assistant Commissioner, Correctional Operations and Programs.
2. The District Director will ensure:
   1. processes and procedures for high profile offenders are followed pursuant to CD 701 – Information Sharing
   2. processes outlined in CD 784 – Information Sharing Between Victims and the Correctional Service of Canada are respected
3. The Area Director will ensure processes are in place to:
   1. share information with the Parole Board of Canada (PBC) within timeframes prescribed by policy
   2. issue warrants
4. The Parole Officer will:
   1. process offender applications and reviews for conditional release within prescribed timeframes
   2. complete post-suspension reviews within legal timeframes

PROCEDURES

5. Following the release of an offender to the community, the decision-making process will be used in the following situations:
   1. case preparation
   2. changes to conditions
   3. breach of conditions or any other situation that gives reason to believe the risk level has increased
   4. suspension of conditional release, including automatic suspension
   5. direct revocation

Case Preparation

6. For case preparation decisions, the Parole Officer will:
   1. update the information on the offender’s progress as outlined in Annex E of CD 715-1 – Community Supervision (if there are no changes to the key ratings or levels of intervention, and the new release plans are to the same supervision area, progress can be updated in the Assessment for Decision)
   2. if required, request a Community Strategy and a Community Assessment (if the offender is remaining in the same supervision area, release plans can be presented in the Assessment for Decision)
   3. complete an Assessment for Decision addressing the new release type pursuant to CD 7121 – Pre-Release Decision Making
   4. share documentation with the PBC within the following timeframes:
      1. four weeks prior to the expiration of day parole for offenders not serving a life or indeterminate sentence
      2. six weeks prior to the expiration of day parole for offenders serving a life or indeterminate sentence
      3. three months prior to warrant expiry for offenders in the community who are subject to a long-term supervision order

Changes to Conditions

7. The Parole Officer may recommend to the PBC that release conditions be imposed, modified or removed when there is a change in the level of risk or upon request of the offender.
8. If a Parole Officer has made a decision to recommend a change to the release conditions, an Assessment for Decision will be completed (see Annex B).
9. If an offender has requested a change to his/her release conditions and the Parole Officer has made a decision to not recommend the change, this will be documented in a Casework Record.
10. The Parole Officer will inform the offender that he/she is entitled to submit written comments to the PBC.
11. If the offender submits written comments to the PBC, the Parole Officer will complete an Assessment for Decision (see Annex B).

Breach of Conditions and/or Increase in the Level of Risk

12. The Parole Officer must immediately inform a person with designated authority for suspension pursuant to sections 135 and 135.1 of the CCRA when:
    1. there is a breach of standard or special conditions (this includes arrest without warrant)
    2. information indicates a potential increase in risk, or
    3. the offender has refused or is unable to provide a required urine sample
13. The Parole Officer and the person with designated authority will consider the factors outlined in the Risk Assessment Framework (Annex D) in determining the most appropriate intervention among the following:
    1. suspension of release
    2. additional treatment or programming to address dynamic risk factors
    3. additional control measures (e.g. increased reporting, curfews, special instructions or direction)
    4. disciplinary interview
    5. amendments to special conditions
    6. suitable cultural alternatives or interventions
14. These factors will also be considered in determining whether a warrant of suspension of conditional release or long-term supervision order should be issued if the offender has breached a condition and a police officer has arrested the offender without a warrant, pursuant to section 137.1 of the CCRA.
15. If a decision is made to not suspend the offender’s release, the Parole Officer will update the Correctional Plan within 14 days, as outlined in Annex C. Reports pertaining to a positive urinalysis or inability/refusal to provide a urine sample will be shared with the PBC.

Suspension of Release

16. A conditional release or a long-term supervision order can be suspended for the following reasons, pursuant to sections 135 and 135.1 of the CCRA:
    1. when a breach of conditions has occurred
    2. to prevent a breach of conditions, or
    3. to protect society
17. The suspension process will be initiated when:
    1. an offender’s risk is assessed as unmanageable in the community, or
    2. in the case of parole or statutory release, the offender receives an additional sentence other than a conditional or intermittent sentence (automatic suspension), pursuant to subsections 135(1.1) and (1.2) of the CCRA
18. The person with designated authority will ensure that a warrant of suspension of conditional release or long-term supervision order or a warrant of apprehension and recommitment (in the case of automatic suspension) is issued. Significant safety concerns (e.g., suicide risk, family violence, gang affiliation, mental health issues) will be communicated to police.
19. The Parole Officer will contact the police and, if necessary, the Security Intelligence Officer to provide all relevant information to assist in the timely apprehension of the offender.
20. A person with designated authority can withdraw the warrant if the warrant has not been executed. If the PBC directed the suspension, the PBC must approve any withdrawal.
21. 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.
22. Where it is known that a criminal investigation is in progress, agreement from the police will be sought prior to contacting individuals who may be aware of the offender’s location.
23. Based on local requirements, cases of offenders unlawfully at large may be referred to the Community Corrections Liaison Officer, in locations where one is in place. The Community Corrections Liaison Officer is responsible for the ongoing input of Casework Records in relation to the monitoring of unlawfully at large offenders to ensure related activities are documented.
24. The person with designated authority will ensure that the PBC receives a copy of the issued and/or executed warrant of suspension of conditional release or long-term supervision order or warrant of apprehension and recommitment (in the case of automatic suspension) within one working day.
25. Following the execution of the warrant, the Parole Officer or, if after hours, the 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.
26. When the offender is apprehended in an area outside the boundaries of the supervising office, the Parole Officer will ensure file information is up to date within five working days of the execution of the warrant of suspension of conditional release or long-term supervision order or warrant of apprehension and recommitment, including the Correctional Plan. If no changes to the key ratings are required, the Parole Officer can summarize the offender’s progress in a Casework Record.
27. The Parole Officer assuming responsibility for the case in the location where the offender was apprehended will complete any post-suspension documentation. Close communication between both Parole Officers will be maintained.

Post-Suspension Interview

28. If the offender is facing new criminal charges, the Parole Officer must provide warnings to the offender (see Annex E).
29. The Parole Officer will conduct a post-suspension interview with the offender to:
    1. advise the offender of the details of the suspension, including the reasons for the suspension based on the criteria found in section 135 or 135.1 of the CCRA, and provide him/her an opportunity to explain his/her conduct
    2. in the case of an automatic suspension pursuant to subsection 135(1.1) of the CCRA, advise the offender that the case must be referred to the PBC
    3. discuss alternatives to a return to custody, including changes to the Correctional Plan
    4. inform the offender of his/her rights, including the right to submit written representations if the case will be referred to the PBC, and
    5. advise the offender of his/her right to be informed at least 15 days in advance of the review of the relevant information that the PBC will take into consideration
30. Following the post-suspension interview, the Parole Officer will assess information related to the offender’s supervision performance, circumstances of suspension, risk presented to the community and any realistic new release plans that are consistent with the offender’s Correctional Plan.
31. If the offender incurs a new conviction and remains in the community (e.g., receives a non-custodial sentence), the community Parole Officer will update the Criminal Profile and, if necessary, the Statistical Information on Recidivism (SIR), and inform the Sentence Manager of the releasing institution. If the offender (including a temporarily detained offender) is returned to the penitentiary, the institutional Parole Officer will update the Criminal Profile.

Cancellation of Suspension

32. The most common circumstances for cancelling a warrant of suspension of conditional release or long-term supervision order include the following:
    1. new information modifies the risk assessment
    2. new information modifies the reasons for the suspension
    3. a new release plan or new conditions, that are consistent with the offender’s Correctional Plan, which reduce the risk to the community to an acceptable level
    4. loss of jurisdiction due to late referral
33. The person with designated authority can cancel the suspension except when:
    1. the suspension was issued by the PBC
    2. the offender was automatically suspended pursuant to subsection 135(1.1) of the CCRA, or
    3. the case has already been referred to the PBC
34. The person with designated authority can cancel a suspension within the following timeframes (or a shorter period as directed by the PBC):
    1. in the case of an offender serving a sentence of two years or more, within 30 days of recommitment
    2. in the case of an offender serving a sentence of less than two years, within 14 days of recommitment. This also applies to an offender whose long-term supervision order has been interrupted by a sentence of less than two years
35. The suspension period will be limited to the time required to investigate and prepare alternate release plans.
36. The cancellation order (or a facsimile) will be forwarded to the head of the institution/facility holding the offender to authorize the prompt release of the offender.
37. The Parole Officer Supervisor will ensure a copy of the cancellation order is forwarded to the PBC within one working day.
38. When the suspension is cancelled by CSC, the Parole Officer will update the Correctional Plan within 14 days (see Annex C). Reports pertaining to a positive urinalysis or inability/refusal to provide a urine sample will be shared with the PBC.
39. When a modification of conditions is being recommended as part of the release plan following a cancellation, the Parole Officer will complete an Assessment for Decision.

Referral to the Parole Board of Canada

40. If an offender’s suspension is not cancelled by CSC, the Parole Officer will refer the case to the PBC within the following timeframes (or a shorter period as directed by the PBC):
    1. in the case of an offender serving a sentence of two years or more, within 30 days of recommitment
    2. in the case of an offender serving a sentence of less than two years, within 14 days of recommitment. This also applies to an offender whose long-term supervision order has been interrupted by a sentence of less than two years
41. The referral will include:
    1. the Assessment for Decision (as outlined in Annex B)
    2. the Reasons for Suspension form
    3. the Correctional Plan Update or Community Assessment (if required)
42. The Assessment for Decision will include a statement regarding detention criteria as outlined in Annex B.
43. If a referral for detention is being considered, refer to CD 712-2 – Detention.
44. In the case of an automatic suspension where cancellation is being recommended, the Parole Officer will consult Sentence Management to verify the impact on sentence calculation in light of an additional sentence.
45. If a revocation is being recommended and the new statutory release date will be within nine months from the date of the submission to the PBC, the Parole Officer will address new release plans, including any need for special conditions and early discretionary release, in the Assessment for Decision.
46. Upon receipt of new information which would change the recommendation, the original completing operational unit will complete a new Assessment for Decision.
47. 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

48. 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
49. If a loss of jurisdiction occurs, the Area Director will advise the local police, the PBC (if required) and the District Director.
50. The District Director will immediately advise the Regional Deputy Commissioner of a loss of jurisdiction, who will, in turn, advise the Assistant Commissioner, Correctional Operations and Programs. The memorandum will include:
    1. summary of offender profile and criminal history
    2. description of the events leading to the loss of jurisdiction
    3. offender’s current location and supervision status
    4. risk presented by the offender to the community and actions being taken to mitigate the risk
    5. media attention
    6. decision by the PBC
    7. action being taken regarding policy compliance

Direct Revocation

51. The PBC may directly revoke a conditional release when:
    1. no warrant of suspension of conditional release or long-term supervision order was issued
    2. no warrant of suspension of conditional release or long-term supervision order was executed
    3. CSC is recommending a change of conditions, or
    4. CSC is recommending day parole be continued and the PBC disagrees
52. If the PBC directly revokes an offender’s release when no warrant of suspension of conditional release or long-term supervision order was issued or executed, the person with designated authority will issue a warrant of revocation and apprehension.
53. A post-revocation interview will be held following the apprehension of the offender. If the direct revocation occurred when no recommendation had been submitted to the PBC, the Parole Officer will complete an Assessment for Decision within 30 days and recommend that the revocation be cancelled or confirmed.
54.  If the revocation occurred subsequent to a recommendation, the Parole Officer will complete:
    1. an Addendum when no information is received or when new information is received (including in the course of the post-revocation interview) which does not alter a previous recommendation submitted to the PBC, or
    2. an Assessment for Decision when new information is received which alters a previous recommendation submitted to the PBC
55. The offender's rights with respect to direct revocation activities are the same as with post-suspension activities.

Parole Inoperative

56. When parole or statutory release has been made inoperative (the offender is no longer eligible for release), the person with designated authority will issue a warrant of recommittal.
57. Following the execution of the warrant of recommittal, the Parole Officer will advise the PBC of the circumstances of the recommittal by updating the Correctional Plan within 14 days.
58. The offender’s release will resume at the new eligibility date unless the PBC cancels or terminates parole.

High Profile Offenders

59. If it is determined that a proposed review is likely to generate significant public interest, a High Profile Memo will be completed pursuant to CD 701 – Information Sharing.

ENQUIRIES

60. Strategic Policy Division
    National Headquarters
    Email: Gen-NHQPolicy-Politi@csc-scc.gc.ca

Commissioner,

Original signed by

Don Head

ANNEX A

CROSS-REFERENCES

CD 003 – Peace Officer Designations
CD 701 – Information Sharing
CD 702 – Aboriginal Offenders
CD 7121 – Pre-Release Decision Making
CD 712-2 – Detention
CD 712-3 – Parole Board of Canada Reviews
CD 712-4 – Release Process
CD 712-5 – Pre-Release Case Preparation for Provincial/Territorial Offenders and Federal Offenders Incarcerated in Provincial/Territorial Facilities
CD 715 – Community Supervision Framework
CD 715-1 – Community Supervision
CD 718 – Designation of Persons with Authority for Suspension
CD 719 – Long-Term Supervision Orders
CD 784 – Information Sharing Between Victims and the Correctional Service of Canada

ANNEX B

ASSESSMENT FOR DECISION – POST-SUSPENSION/CHANGE CONDITIONS – REPORT OUTLINE

1. INTRODUCTORY STATEMENT/CASE STATUS
   1. Indicate the current offence, type of release, length of time in the community, special conditions and reason for report.
   2. Summarize the circumstances of the suspension or violation and/or the reason a modification to conditions is recommended.
   3. Provide the offender's version if the report is related to a violation and/or increase in risk.
   4. Include required additional information (e.g. approval to visit another country, consultation with Security Branch) if a modification to conditions is recommended.
2. RISK ASSESSMENT
   1. Risk Factors
      1. Briefly analyze the offender’s risk factors specific to the offence cycle, as outlined in the Correctional Plan. Incorporate actuarial assessments (e.g. SIR-R1) and reintegration potential.
      2. Detention criteria (if revocation is recommended) – Comment on whether the current circumstance of violation merits a detention review.
   2. Release Plan
      Comment on new release plans if applicable. If for a new period of statutory release, indicate whether early discretionary release is recommended.
   3. Overall Assessment
      Provide an overall assessment incorporating the following elements:
      1. 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)
      2. 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” section of CD 7121 – Pre-Release Decision Making exist (if there are no concerns, a statement should be made to that effect)
      3. 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)
      4. 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)
      5. victim concerns (if applicable)
      6. nature and gravity of the offence and degree of responsibility of the offender
      7. current risk
      8. offender engagement
      9. outstanding factors requiring intervention
      10. an analysis of any high risk behaviours or patterns observed during the sentence
      11. offender's understanding of risk factors and offence cycle (including the four aspects of healing, if applicable)
      12. Aboriginal social history (if applicable)
      13. history of crime-free periods of supervision, including any previous failures on release (if applicable)
      14. special conditions, including the rationale for and a statement of the duration (if applicable)

DISSENTING OPINIONS

RECOMMENDATION

ANNEX C

CORRECTIONAL PLAN UPDATE – COMMUNITY PROGRESS – RELEASE MAINTAINED – REPORT OUTLINE

Section 1 – OBJECTIVES/EXPECTED GAINS

CASE STATUS

Summarize the circumstances of the violation/increase in risk.
Referencing the Key Ratings Reassessment Framework in Annex C of CD 715-1 – Community Supervision, update relevant information and succinctly summarize the progress towards meeting the objectives of the Correctional Plan, as required.

STATIC FACTOR ASSESSMENT RATING – Low, Medium or High

DYNAMIC FACTOR ASSESSMENT RATING – Low, Medium or High

ACCOUNTABILITY RATING – Low, Moderate or High

MOTIVATION RATING – Low, Medium or High

RESPONSIVITY FACTOR – Yes or No

ENGAGEMENT FACTOR – Yes or No

REINTEGRATION POTENTIAL RATING – High, Medium or Low

PSYCHOLOGICAL/PSYCHIATRIC/MENTAL HEALTH INFORMATION (if applicable)

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, update goals and expected results that support progress against the Correctional Plan.

Summarize progress from the current review period and set/confirm the objectives for the next period. This is to be consistent with the overall continuum of sentence planning.

These objectives will be individualized, structured, timeframed and focused on the next review period while setting the framework for managing the sentence. The objectives will be prioritized based on:

1. community adjustment and supervision
2. interventions required
3. public safety
4. safe reintegration
5. court-ordered obligations

ASSESSMENT

Reflecting the Risk Assessment Framework in Annex D, summarize the offender’s risk as it relates to the elements of the proposed 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.

Section 2 – ANALYSIS OF current request

If a new Community Strategy is required, address the following:

• role played by this release in a long-term release strategy
• release details, i.e. proposed release destination (where applicable, indicate 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, finances and family support
• offender’s outstanding risk factors requiring intervention

RISK ASSESSMENT

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 and 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.

ANNEX D

RISK ASSESSMENT FRAMEWORK

Following an offender’s violation of a condition or an increase in the level of risk, the following factors, where applicable, will be taken into consideration when conducting case conferences.

REVIEW OF CRITICAL RISK FACTORS

1. Current risk to re-offend, including existence of high risk situations/triggers
2. Offence cycle
3. Existence of behavioural patterns in the institution related to the offence cycle
4. PBC decisions and any applicable comments
5. Actuarial/clinical measures of risk and any other information from psychological, psychiatric or supplementary assessments
6. Mental health issues and current risk of suicide

CIRCUMSTANCES OF THE VIOLATION/INCREASE IN RISK

1. Nature of the violation/increase in risk and its relationship to the offence cycle
2. Existence of a pattern of similar violations during the supervision period
3. Police and preventive security information regarding the violation/increase in risk
4. Intoxicant type, severity of the addiction and its relationship to the offence cycle
5. Victim concerns

PROGRESS UNDER SUPERVISION

1. Progress against case specific dynamic factors
2. Length of time and level of stability in the community
3. Information from collateral sources with special attention to recent breakdown of relationships, domestic problems and family violence
4. Previous response to interventions
5. Demonstrated ability to manage offence cycle
6. Recommendations from supervision team members, e.g., Psychologist, Psychiatrist, community-based residential facility, program facilitators, police, etc.
7. History of substance abuse, type of intoxicant and its link to violent behaviour
8. Offender’s Aboriginal social history to be taken into consideration when assessing progress

STRATEGIES TO MANAGE RISK

1. Availability and suitability of additional treatment or programming to address dynamic risk factors
2. Availability and suitability of additional control measures to manage risk, e.g., increased reporting, increased urinalysis, community-based residential facility admission, curfews, etc.
3. Availability of support systems, including family members, friends, employers and volunteers to assist the offender’s reintegration efforts

ANNEX E

CHARTER WARNINGS TO OFFENDERS WITH OUTSTANDING CHARGES

“I am here to interview you in relation to the suspension of your conditional release (or long-term supervision order as applicable). I have learned that you have outstanding criminal charges and, therefore, I must inform you that you need not say anything about the charges. You have nothing to hope from any promise or favour and nothing to fear from any threat whether or not you say anything. Anything you do say about the charges may be used against you as evidence. Furthermore, you have the right to retain and instruct counsel without delay. Do you understand? You have the right to obtain legal advice without charge through a 24-hour telephone service which provides access to legal aid duty counsel. Do you understand? Do you want to call a lawyer before we continue the interview?"