In March 1990, a group of inmates serving life sentences at Leclerc Institution (Quebec Region) met with
Ole Ingstrup, Commissioner of the Correctional Service of Canada. The inmates presented the Commissioner
with a written summary of their thoughts on incarceration. This document expressed their frustration
with the shortage of services and programs to help them address their criminality and make amends to
society.
Following the Correctional Service of Canada's Mission which is based on the principle that human
beings are capable of changing and which sets forth corporate objectives that call for the development
of programs for certain groups of offenders, the Commissioner initiated follow-up on the inmates'
grievances.
In April 1990, Mr. Ingstrup created a national task force to study the issue of long-term sentences and
to present recommendations for action. Jean-Claude Perron, Deputy Commissioner, Quebec Region, was
appointed to head the Task Force.
A year later, in April 1991, the Executive Committee of the Correctional Service of Canada accepted the
Task Force's report by approving the implementation of its 37 recommendations.
What Does the Report Teach Us?
This study clearly articulates the problems linked to long-term sentences. Specifically, it:
-
identifies, quantitatively and qualitatively, those inmates serving long sentences;
-
extracts the main ideas from the literature on long-term sentences;
-
establishes a study approach based on nine guidelines;
-
identifies the specific needs of long-term inmates in light of programs and services currently
offered;
-
analyzes the impact of the Judicial Review process;
-
suggests a four-stage management and intervention model; and
-
recommends concrete measures for the management of long-term offenders.
This article summarizes the content of the report with brief discussions of each of these points.
1. A Profile of Inmates Serving Long-Term Sentences
For some individuals, a sentence of two years may be perceived as long, while others may see it as a
relatively short sentence. For its report, the Task Force defined long-term sentences as being those
of 10 years or longer.
According to the study, 3,670 male and female inmates were serving sentences of 10 years or more in
Canadian institutions; they accounted for 28% of the 13,203 inmates who fall under federal
jurisdiction.(1) Therefore, the group targetted by this study represented almost a third
of the entire population of male and female inmates and parolees in Canada.
The Task Force then gathered information on the psychological and social characteristics of
long-termers.
A questionnaire was designed to create a profile of 557 inmates serving life sentences with a
15-year parole restriction period before Judicial Review. This questionnaire was distributed to case
management officers responsible for these inmates in all Canadian institutions.
The results compiled from the 495 completed questionnaires proved a valuable insight into the
current situation of lifers who are eligible for a Judicial Review(2) in Canada.
Generally, the following characteristics were recorded for these lifers:
-
they were older (average of 36 years) than the general prison population (average of 30 years);
-
only 29% (144) were married when they arrived at the institution; this rate drops to 22% (109)
after a few years, thus contributing to the inmates' alienation from the outside world;
-
two thirds (327) were held in maximum-security institutions, and only 3% (15) in
minimum-security institutions;
-
the case management officers reported that 45.3% (224) of the lifers would be eligible for
"security cascading" (moving to a lower security level) were it not for the length of their
sentence. The length of the sentence therefore plays a major role in the determination of
transfers to lower security institutions;
-
17% (84) had no previous convictions;
-
72% (356) had no record of violent behaviour during incarceration;
-
62% (307) had no more than seven years of formal education;
-
18% (89) had a history of self-mutilation which is no higher than the national average
according to a 1988 study by the Pinel Institute;
-
there was no psychological assessment on file for half (247) of these inmates, and no psychiatric
assessment for 71% (351); and
-
68.6% (340) of these inmates had never taken part in any program.
Table 1
National Profile of Male Inmates*
by
Length of Sentence as of 31 January 1992 |
Length of
Sentence |
Atlantic |
Quebec |
Ontario |
Prairies |
Pacific |
Total |
less than
2 years |
64
(5.2%) |
181
(4.3%) |
157
(4.1%) |
248
(8.3%) |
138
(7.7%) |
788
(5.6%) |
2-3 years |
391
(31.6%) |
924
(22.1%) |
655
(17.1%) |
633
(21.2%) |
249
(13.8%) |
2,852
(20,3%) |
3-4 years |
219
(17.7%) |
580
(13.9%) |
625
(16.3%) |
548
(18.3%) |
247
(13.7%) |
2,220
(15.8%) |
4-5 years |
110
(8.9%) |
424
(10.1%) |
404
(10.5%) |
315
(10.5%) |
165
(9.1%) |
1,418
(10.1%) |
5-6 years |
78
(6.3%) |
307
(7.3%) |
307
(8.0%) |
214
(7.2%) |
117
(6.5%) |
1,023
(7.3%) |
6-7 years |
55
(4.5%) |
191
(4.6%) |
206
(5.4%) |
136
(4.6%) |
107
(5.9%) |
695
(5.0%) |
7-8 years |
45
(3.6%) |
153
(3.7%) |
138
(3.6%) |
116
(3.9%) |
83
(4.6%) |
535
(3.8%) |
8-9 years |
34
(2.8%) |
127
(3.0%) |
130
(3.4%) |
89
(3.0%) |
71
(3.9%) |
451
(3.2%) |
9-10 years |
15
(1.2%) |
105
(2.5%) |
107
(2.8%) |
38
(1.3%) |
42
(2.3%) |
307
(2.2%) |
10-15**
years |
40
(3.2%) |
362
(8.7%) |
277
(7.2%) |
171
(5.7%) |
138
(7.7%) |
988
(7.0%) |
15-20
years |
16
(1.3%) |
144
(3.4%) |
83
(2.2%) |
43
(1.4%) |
54
(3.0%) |
340
(2.4%) |
more than
20 years |
8
(0.7%) |
77
(1.8%) |
27
(0.7%) |
22
(0.7%) |
17
(0.9%) |
151
(1.1%) |
life and
indeter |
161
(13.0%) |
607
(14.5%) |
721
(18.8%) |
415
(13.9%) |
377
(20.9%) |
2,281
(16.2%) |
| Total |
1,236 |
4,182 |
3,837 |
2,988 |
1,805 |
14,049 |
* On-register offender population: inmates in institutions
as well as those
on day partol or temporary absence
** Boldface type indicates long-term sentences |
These results underscore, among other things, that the level of isolation from the community is
considerable, that the management of these cases is not always based on individual evaluation, that the
degree of conformism (versus violent behaviour) is very high, that the educational level is low and that
efforts made to encourage these inmates to make use of professional and personal development
opportunities appear to be very limited. This profile can easily be extended to apply to all inmates
serving long-term sentences, as was corroborated by the extensive consultations undertaken by the Task
Force through interviews with inmates, corrections staff, inmates' families and community groups.
2. What Can We Learn from the Literature on Long-Term Sentences?
The works of leading authors on the issue were researched with emphasis on the following subjects:
the effects of prolonged imprisonment, the future orientation of long-term incarceration (to protect,
to punish, to rehabilitate), the need to develop specific programs, psychological support, Judicial
Review, training and employment, and the family and community.
The following conclusions have been extracted from this research:
-
the adverse effects of prolonged incarceration can be countered by meeting certain basic human
needs (comfort, control, purpose);(3)
-
inmates faced with long-term sentences react differently depending on the circumstances of their
prolonged confinement. Case management strategies must therefore take into account individual
differences;(4)
-
the development and implementation of specific policies and programs must meet the perceived needs
of long-term inmates;(5)
-
long-term sentences must be broken down into measurable stages, allowing the offender to remain
motivated and hopeful;(6)
-
the shortage of relevant training and employment programs for long-term inmates is considered to
have more serious consequences than the initial effect of exclusion from society;(7)
-
contacts with the outside world must be encouraged as a way to resist isolation and to reduce
aggressiveness;(8)
-
Judicial Review remains the most important element in the lives of long-term inmates, which is why
they must be offered information and specialized support.(9)
3. Guiding Principles
The Task Force's analysis was directed by nine guiding principles derived from the Correctional
Service of Canada's Mission and by an approach that focused on motivating long-term inmates. An
inmate's needs must be identified at the beginning of the sentence and followed up with programs to
meet these specific needs on an individual basis.
The study's conceptual framework was based on the following guiding principles:
-
Inmates should be personally involved in the management of their sentence;
-
Programs and the decision-making process should be customized to individual inmates;
-
Programs should be geared to the specific needs of long-term offenders;
-
Greater community involvement should be sought, both during incarceration as well as upon release;
-
Change as the way to successful social reintegration should be encouraged;
-
Inmates and staff must be kept informed on a continuous basis;
-
There should be consistent and equitable services and programs between regions, institutions and
communities;
-
Protection of society should be ensured through individual risk assessment; and
-
The inmates' need to reach their full potential should be considered.
4. Specific Needs of Long-Term Inmates
The consultations carried out by the Task Force linked the shortage of programs with the difficulty
in accurately determining the needs of inmates. A whole chapter of the Report (Chapter 2) deals with
the specific needs of long-term inmates.
That long-term inmates have specific needs is linked to the considerable length of their
sentences as well as to the diversity of the problems which are at the root of their violent criminal
behaviour.
Long-term inmates must be informed on all matters that concern them, so that they can take on
greater responsibility for their own development. They must be allowed to take part in penitentiary
life in a useful and constructive way in order to preserve their self-esteem. Life in prison must
allow for flexibility and breaks in routine to avoid the demoralizing effect of repetition. Periods
of privacy must be scheduled to allow an escape from group living. Programs should be constantly
updated to reflect life in the community. Ties with the community must be maintained to act as a
source of motivation, encouraging the will to survive.
Evaluation and therapeutic follow-up must be matched to the nature of the offences. Interventions
must be consistent and focused on the specific situation of inmates serving long-term sentences.
Whenever possible, continuity of approach must be maintained in all interventions. Long-term inmates
need personalized case management which recognizes that not all offenders react the same way. Peer
support must be encouraged. As well, continuity of services between the institutions and the
community must be maintained. Adequate preparation for any form of release and good community support
often separate success from failure.
These needs were reviewed in light of the programs and services currently
offered to inmates. From this analysis came 23 recommendations on the
following issues: grouping of inmate units, personal belongings, double
occupancy, wages, visits, training and employment, penitentiary placement
and "security cascading," leaves, self-improvement programs, special requirements
related to ethnic minorities, involvement of families and community organizations,
and release programs.
Table 2
Stage I - Adaptation |
Objective: To assist inmates in accepting
their sentence. Guide and support
them in their adaptation to a new life. Specify their needs in all areas
to
establish a correctional plan and an immediate acceptance of responsibility. |
Characteristics |
Needs |
Recommendation No. |
Programs/Services |
Denial (appeal)
Aggressiveness
Rebellion
Depression
Severance (addiction,
substances)
At odds with family/
community
Culture Shock
- law of the underworld
- security context
- freedom reduced/
actions controlled
New daily routine |
- information on the environment
- Support and psychological
counselling (assessment
of the mental State)
- Outlet for rebellion
- Give a new meaning to life
- Review the situation
- Plan
- Self-actualization
- Job/training- Medical supervision if
required - Family counselling
- Family/community presence
to maintain ties |
3
5
6
7
8
9
10
11
13
17 |
Assessment Module
Information Module
Orientation Module
Family/Community
Module
Support-Counselling
Module
|
Table 3
Stage II - Integration into Prison
Environment (Institutionalization) |
Objective: To encourage inmates to
take full advantage of the opportunities for
personal growth inside prison, whether of a professional or personal nature,
while maintaining contact with important community-resource persons. |
Characteristics |
Needs |
Recommendation No. |
Programs/Services |
Acceptance of the
sentence
Implementation of the
correction plan
Programs/activities that
focus on institutional life |
- Orientation
- Involvement in prison life
- Realization of a correctional
career
- Maintain and strengthen ties
with the community
- Accept responsibility for
identified problems
- Sexual life
- Privacy
- Contacts with peers
- Feel useful in daily prison life
- Feel useful to the outside world
|
4
5
6
7
8
9
10
11
12
13
17 |
Training/Employment
Module
Personal Growth
Module
Family/Community
Module
Re-orientation/
Re-evaluation
Module
|
5. The Impact of the Judicial Review Process
The Task Force report deals extensively with Judicial Review which was introduced by Parliament in
July 1976. The Canadian Criminal Code was amended to revoke all clauses related to the death
penalty, carried out for the last time in Canada in December 1962. Parliament replaced the death
penalty with a life sentence with eligibility for parole after 25 years for murder in the first
degree and with 10- and 25-year sentences for murder in the second degree.
To offer hope to individuals serving these extremely long sentences, the Criminal Code holds
that, after serving 15 years, inmates can apply for a reduction in the number of additional years
they must serve before becoming eligible for parole. This application is made to the chief justice of
the province in which the inmate was sentenced.
When the first cases of Judicial Review came up in 1988, the entire criminal justice system had to
adjust to this new process. Fourteen of the recommendations put forth in the Task Force report
pertain to the Judicial Review process. These recommendations relate to issues including:
- identification and training of qualified personnel;
- the need to keep inmates who are subject to this review process informed;
- the need to communicate new information regarding this review process
to Correctional Service of Canada staff and to the authorities of provinces
in which the inmates were sentenced;
- legal support for the corrections staff involved;
- the development of a management information system;
- a periodic evaluation by specialists;
- information for victims; and
- administrative clarifications.
Table 4
Stage III - Preparation for Release
(De-institutionalization) |
Objective: To prepare inmates to reintegrate
into society as law-abiding citizens |
Characteristics |
Needs |
Recommendation No. |
Programs/Services |
Activities and programs
that socus on the release
process
Gradual acceptance of
the community
Acceptance of
responsibility when
facing life on the
outside
|
- Strengthen acquired knowledge
- Reach a good level of
competitiveness/employability on
the job market
- Reunion with spouse and
family
- Understand criminal factors
- Test life on the outside
- Test social skills
- Learn financial management
(budget)
|
3
4
5
6
7
8
9
10
11
12
13
17 |
Training/Employment
Module
Personal Growth
Module
Community Module
Internal/External
Re-orientation/
Re-evaluation
Module
|
Table 5
Stage IV- Return to Society |
Objective: To help inmates adapt to
outside life |
Characteristics |
Needs |
Recommendation No. |
Programs/Services |
Establishment of a new
social network
Transference of acquired
knowledge to outside life
Management of failures
in the community
|
- Counselling
- Support
- Escort
- Sponsorship
- Maritial and parental counselling
- Continuity in the institution/
community interventions
- Integration into the job market
- Take charge when relapse
occurs in privacy/isolation
|
3
5
19
20
21 |
Training/Employment
Module
Personal Growth
Module
Community Module
|
6. A Four-Stage Management and Intervention Model
The Report of the Task Force on Long-Term Sentences introduces an operational framework based
on the Palmer principle,(10) which states that all sentences should be broken down into
measurable segments.
The proposed intervention model breaks long sentences into four stages (see tables 2 to 5):
-
adaptation;
-
integration into the prison environment (institutionalization);
-
preparation for release (de-institutionalization); and
-
return to society.
This intervention model depends upon the early mobilization of staff and affected inmates to identify
and prioritize the factors (needs) related to each inmate's criminal behaviour. On an individual
basis, each long-term inmate should be provided with a treatment plan setting out the desired
objectives for each segment of incarceration and for supervised release in the community.
Conclusion
We are convinced that the Report of the Task Force on Long-Term Sentences has undoubtedly shed
more light on the approach to be taken in the management of long-term inmates. Since approval of the
Report, operational units have developed action plans which have led to the development of programs
and initiatives specifically aimed at long-term inmates and which closely reflect several of the
recommendations set out in the report.
In closing, we would like once again to express our gratitude to our collaborators
who, by sharing their experiences, made this report possible.
(1)According to the statistical data profile on corrections published
quarterly by the Correctional Service of Canada, 30 September 1990 issue. Updated 31 January 1992 (see
Table 1).
(2)The 495 profiles reviewed represent 13.5% of all inmates serving a sentence of 10
years or longer. This sample seems representative of the population of inmates serving long
sentences.
(3)B.H. McKay, C.H.S. Jayewardene and P.D. Reedie, "The Effects of Long-term
Incarceration and a Proposed Strategy Future Research." (Ottawa: Solicitor General Canada, 1979).
(4)F.J. Porporino, Differences in Response to Long-term Imprisonment:
Implications for the Management of Long-term Offenders. Report No. R-10. (Ottawa: Research and
Statistics Branch, Correctional Service of Canada, 1991).
(5)T.J. Flanagan, "Correctional Policy and the Long-term Prisoner," Crime and
Delinquency, 28, 1 (1982): 82-95. See also T. Hattem, "Projet d'intervention auprès des
personnes purgeant une sentence minimale de 25 ans à l'intérieur de la province de
Québec, Phase I: Identification des besoins et recommandations quant aux programmes." Unpublished
report: Correctional Service of Canada, 1986. See also J.J. Carson, Report of the Advisory Committee
to the Solicitor General of Canada on the Management of Correctional Institutions. (Ottawa: Solicitor
General Canada, 1984). And see D. Daubney, Taking Responsibility: Report of the Standing Committee
on Justice and Solicitor General on Its Review of Sentencing, Conditional Release and Related Aspects of
Corrections. (Ottawa: Queen's Printer, 1988).
(6)W.R. Palmer, "The Effects of Long-term Incarceration: Programs for Long-term
Offenders." (Ottawa: Correctional Service of Canada, 1983). Report presented at the Second World
Congress on Prison Health Care, Ottawa, August 1983.
(7)Flanagan, "Correctional Policy and the Long-term Prisoner."
(8)Council of Europe, Treatment of Long-term Prisoners. Strasbourg: European
committee on crime Problems, 1977.
(9)G. Lemire, "The 25-Year Minimum Sentence: Principles and Practice," Canadian
Journal of Criminology, 26, 4 (1984): 459-466.
(10)W.R. Palmer, "The Effects of Long-term Incarceration: Programs for Long-term
Offenders."
|