Commissioner's Directive
Long-Term Supervision Orders
AUTHORITIES
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 long-term offender’s breach of a condition
APPLICATION
Applies to staff involved in the case preparation and supervision of offenders subject to a long-term supervision order
RESPONSIBILITIES
- The District Director will ensure:
- mechanisms are established with the provincial/territorial Attorney General to deal with breach of order charges
- information is provided to the Victim Services Unit pursuant to section 26 of the CCRA and CD 784 – Information Sharing Between Victims and the Correctional Service of Canada
- The Area Director will ensure:
- mechanisms are in place to manage the suspension and breach process
- communication is maintained between the parole office, Sentence Management, police and courts throughout the breach of order process
- The Parole Officer Supervisor will:
- 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
- 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)
- The Parole Officer will, 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.
- Sentence Management will calculate new dates (e.g. release dates as a result of a new sentence, expiration of residency condition) for a long-term offender, as required.
PROCEDURES
Case Preparation for Long-Term Supervision Orders
- 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.
- If the long-term offender is provincially sentenced, the community Parole Officer in the area closest to the provincial/territorial facility will:
- obtain critical documents identified in the Case Document Checklist
- 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
- ensure the offender is informed of his/her rights pursuant to section 84.1 of the CCRA
- complete an Assessment for Decision as outlined in Annex B, if required
- If the long-term offender is in a federal institution, case preparation will be initiated six months prior to release pursuant to CD 712-1 – Pre-Release Decision Making.
- If the long-term offender 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.
Conditions
- Long-term offenders are subject to standard conditions pursuant to subsection 161(1) of the CCRR, in addition to special conditions imposed by the PBC.
- Offenders are bound by their release conditions even if they refuse to sign their long-term supervision release certificate.
- 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.
- 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.
- When a long-term supervision order is interrupted by a custodial sentence, the original special conditions will apply when the order is resumed.
- The special condition to reside in a community-based residential facility or psychiatric facility will be subject to a review by the PBC every 180 days. Should CSC not submit a subsequent recommendation to further impose the residency condition, the residency condition will automatically expire after 180 days. In this case, the Correctional Plan will be updated and shared with the PBC 30 days prior to the expiration of the residency condition.
Supervision Activities
- 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.
- Long-term offenders who had been detained will be supervised at level I (eight times per month) for at least 90 days following release. Any exceptions to this standard require approval by the Area Director and must be documented in the Correctional Plan.
Procedures Following Breach of Condition(s) or Increase in the Level of Risk
- The Parole Officer must immediately inform a person with designated authority for suspension pursuant to section 135.1 of the CCRA when:
- there is a breach of condition
- information indicates a potential increase in risk, or
- the offender has refused or is unable to provide a urine sample
- The Parole Officer and person with designated authority will consider the factors outlined in the Rating Reassessment Framework (Annex D) in determining the most appropriate intervention considering the following:
- suspension of the long-term supervision
- additional treatment or programming to address dynamic risk factors
- additional control measures (e.g., increased reporting, curfews, special instructions/direction)
- disciplinary interview
- amendments to special conditions
- suitable cultural alternatives or interventions
- If the risk is assessed as unmanageable, the suspension process will be initiated.
- 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 E. 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
- Long-term offenders are not subject to automatic suspension following a new conviction.
- 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.
- 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.
- A long-term supervision order can be suspended for the following reasons pursuant to section 135.1 of the CCRA:
- when a breach of a condition has occurred
- to prevent a breach of a condition, or
- to protect society
- The person with designated authority will ensure that the PBC receives a copy of the issued and/or executed warrant of suspension, apprehension and recommitment within one working day.
- 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.
- 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 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)
- 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.
- The suspension and committal to a mental health facility requires the involvement of psychological and psychiatric professionals. The admission of the offender to the 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.
- The suspension and committal to custody follows the same process as the commitment of an offender under a warrant of committal.
- 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
- The Parole Officer will conduct a post suspension interview with the offender pursuant to CD 715-2 – Post‑Release Decision Process.
New Convictions/Sentences
- 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.
- A non-custodial sentence is served concurrently with the long-term supervision order and does not interrupt the sentence.
- 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.
- 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.
- 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.
- 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 – Intake Assessment Process and Correctional Plan Framework.
Cancellation of Suspension by CSC
- 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.
- 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.
- 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 E. 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
- 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.
- The referral will include:
- the Assessment for Decision (see Annex C)
- the Reason for Suspension form (CSC/SCC 0345)
- the Correctional Plan Update or Community Assessment (if required)
- Possible CSC recommendations and PBC decision options for offenders subject to long-term supervision orders are as follows:
- suspension cancelled
- suspension cancelled with conditions altered
- order the cancellation not take effect until the expiration of a specified period ending on a date not later than the end of the 90 days 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
- 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
- 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 will notify the National Flagging System Coordinator in that province/territory.
- Upon receipt of new information which would change the recommendation, the original completing operational unit will complete a new Assessment for Decision.
- 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
- A loss of jurisdiction will occur, making it necessary to release the offender immediately, if:
- the Assessment for Decision does not include an assessment of the case and a recommendation, and the specified timeframe has expired, or
- the referral is not submitted to the PBC within the specified timeframes
- If a loss of jurisdiction occurs, the Area Director will advise the local police, the PBC (if required) and the District Director.
- 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
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- The Parole Officer will update the Correctional Plan to advise the PBC within 30 days of the notification of the direct charge.
- 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.
- 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 (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
- 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.
- The Parole Officer will provide the Attorney General the following information at a minimum for consideration to proceed with a breach charge:
- the PBC decision
- the relevant Assessment for Decision
- the Correctional Plan
- documented proof of the existence of the long-term supervision order
- the long-term supervision release certificate
- a precise description of the breach
Application by the Parole Officer for the Reduction or Termination of a Long-Term Supervision Order
- 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.
- 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
- 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
- If it is determined that a proposed review is likely to generate significant public interest, the Parole Officer will complete a Memo to File pursuant to CD 701 – Information Sharing.
ENQUIRIES
- Strategic Policy Division
National Headquarters
Email: Gen-NHQPolicy-Politi@csc-scc.gc.ca
Original Signed by:
Don Head
ANNEX A
CROSS-REFERENCES AND DEFINITIONS
CROSS-REFERENCES
CD 701 – Information Sharing
CD 705 – Intake Assessment Process and Correctional Plan Framework
CD 712-1 – Pre-Release Decision Making
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 715-2 – Post-Release Decision Process
CD 715-3 – Community Assessments
CD 718 – Designation of Persons with Authority for Suspension
CD 784 – Information Sharing Between Victims and the Correctional Service of Canada
Parole Board of Canada Policy Manual
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 offender: an offender who receives a long-term supervision order which follows warrant expiry date (or earned release date for provincial/territorial sentence) for a period not exceeding 10 years.
Long-term supervision order: an order imposed by the court. 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.
ANNEX B
ASSESSMENT FOR DECISION FOR LONG-TERM SUPERVISION ORDER –
REPORT OUTLINE
INTRODUCTORY STATEMENT/CASE STATUS
- Provide a brief statement of the purpose of the report
- Indicate length of sentence, current offence(s), outstanding charges or appeals, immigration/deportation/extradition status
- Include new information related to the decision, received since the completion of the Correctional Plan Update
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 (e.g. SIR-R1) and reintegration potential.
b. Release Plan
COMMUNITY SUPPORT/ACCOMMODATION
- Confirm level of community support. (Contacts will be informed that 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.
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” section of CD 712‑1 – Pre-Release Decision Making exist (if there are no concerns, a statement should be made to that effect)
- recent professional opinions regarding release such as from the 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 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
- history of crime-free periods and prior periods of supervision, including any previous failures on release (if applicable)
- offender’s understanding of risk factors and offence cycle, and how risk will be managed
- Aboriginal social history (if applicable)
- for an offender involved in the healing path, incorporate his/her understanding of the healing components of the Correctional Plan
- the need for special conditions, including the rationale for and a statement on the duration, and early discretionary release (if applicable)
DISSENTING OPINION
RECOMMENDATION
Long-Term Supervision Order With Residency
The following will be incorporated into the overall assessment for long-term supervision with residency cases.
Ensure the residency condition is reasonable and necessary for risk management and gradual reintegration, recognizing the offender is not serving a custodial sentence. Any condition to reside must be reviewed every 180 days.
Factors for Long-Term Supervision Order with Residency
- Stress factors likely to lead the offender to behave in a violent manner
- Information contained in psychiatric and/or psychological reports indicating the existence of a mental illness or disorder likely to lead the offender to commit an offence involving violence before the expiration of the offender's order according to law
- Information concerning efforts by the offender to mitigate or reduce the risk of violent behaviour
- High risk behaviours or patterns observed during the sentence, including any previous failures on release
- The offender's propensity to violence as shown by:
- any violent behaviour as shown by the offender's file, Young Offender's file, provincial/territorial records, police reports and the circumstances surrounding the offence
- the seriousness of previous offences
- reliable information showing that the offender has problems controlling his/her anger to the point that it could lead the offender to commit an offence involving violence
- explicit threats of violence uttered by the offender
- use of a weapon during the commission of an offence
- an attitude of indifference toward criminal behaviour or the effects of criminal behaviour on victims
- criminal history in the context of membership in an organized crime group or criminal gang
Comment on alternatives to residency and whether they could mitigate the risk of committing a schedule 1 offence.
Alternatives to a Residency Condition
- More frequent reporting to Parole Officer, police, volunteers, community-based residential facility staff, etc.
- More frequent community and collateral contacts
- Curfew at the offender’s home (with means to monitor the curfew)
- Referral to an intensive supervision team, where available
- Imposing written instructions for short term situations
ANNEX C
ASSESSMENT FOR DECISION FOR POST-SUSPENSION/CHANGE CONDITIONS –
LONG-TERM SUPERVISION ORDER – REPORT OUTLINE
INTRODUCTORY STATEMENT/CASE STATUS
- Indicate the current offence, type of release, length of time in the community, special conditions and reason for report.
- Summarize the circumstances of the suspension or violation and/or the reason a modification to conditions is recommended.
- Provide the offender's version if the report is related to a violation and/or increase in risk.
- Include required additional information (e.g., approval to visit another country, consultation with Security Branch) if a modification to conditions is recommended.
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 (e.g. SIR-R1) and reintegration potential.
b. Release Plan
Comment on new release plans if applicable. If for a new period of statutory release, indicate whether an early discretionary release is recommended.
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” section of CD 712‑1 – Pre-Release Decision Making exist (if there are no concerns, a statement should be made to that effect)
- recent professional opinions regarding release such as from the 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 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
- history of crime-free periods and prior periods of supervision, including any previous failures on release (if applicable)
- offender’s understanding of risk factors and offence cycle, and how risk will be managed
- Aboriginal social history (if applicable)
- for an offender involved in the healing path, incorporate his/her understanding of the healing components of the Correctional Plan
- the need for special conditions, including the rationale for and a statement on the duration, and early discretionary release (if applicable)
DISSENTING OPINION
RECOMMENDATION
ANNEX D
RATING REASSESSMENT FRAMEWORK
Level of Intervention Based on Static Factors
- 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.
- The predictive accuracy of this rating can be improved in some cases by reviewing the following factors:
- time since the offender’s release
- existence of collateral contacts that could assist in the supervision
- significant disciplinary problems, suspensions or police intervention in the last year
- offender's progress and motivation to participate in his/her Correctional Plan
- 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:
a. 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
b. 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
c. 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
- 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:
- progress related to the Correctional Plan
- anything else that may affect the intensity of the dynamic factor (e.g., changes in personal situation, health, etc.)
- 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
- Reassessment of the overall rating can then be conducted by examining the number and seriousness of the dynamic factors.
- The overall rating should only change if there are some changes in the reassessment of the dynamic factors. The overall rating may be:
a. 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
- Few identified dynamic factors but rated as “high need for improvement”
- Multiple dynamic factors identified (regardless of degree or severity of needs)
- Any combination of dynamic factor severity and number that lies outside of either the low or high scoring guidelines as identified above
- 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
- The criteria for reassessing motivation are:
- 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 and knowledge required to effect change in behaviour, i.e. is ready to change
- level of external support from family, friends or other community members
- past history related to demonstrated change
- The level of motivation can be assessed as:
a. LOW- Offender strongly rejects the need for change or is unwilling to participate in recommended programs or other interventions.
- Offender may not fully accept overall assessment but will participate in recommended programs or other interventions.
- Offender is self-motivated and will actively address problem areas.
Reintegration Potential
- The reassessment of reintegration potential is based on the analysis of the offender's progress and the following elements:
- score on the Statistical Information on Recidivism Scale
- level of intervention based on static factors
- level of intervention based on dynamic factors
- level of motivation
- release history (number, type, success or failure)
- The reintegration potential should only change if the above have changed, and should be rated as:
a. 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
- 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
- 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 E
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 Rating Reassessment Framework in Annex D, 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 RATING – 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:
- community adjustment and supervision
- interventions required
- public safety
- safe reintegration
- court-ordered obligations
ASSESSMENT
Reflecting the Risk Assessment Framework in Annex D of CD 715-2 – Post-Release Decision Process, 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 84.1 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, 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.
- Date modified :
- 2013-04-30