Commissioner's Directive

PDF

Policy number and title:

CD 700: Correctional Interventions
CD 705-1: Preliminary Assessments and Post-Sentence Community Assessments
CD 705-6: Correctional Planning and Criminal Profile
CD 705-7: Security Classification and Penitentiary Placement
CD 712: Case Preparation and Release Framework
CD 712-1: Pre-Release Decision Making
CD 712-3: National Parole Board Hearings
CD 712-4: Release Process
GL 541: Interjurisdictional Exchange of Service Agreements.

Why was the policy changed?

The above noted Commissioner's Directives are changing to reflect the fact that Bill C-59, which received Royal Assent and came into force on March 28, 2011, has abolished Accelerated Parole Review (APR).

What has changed?

Offenders incarcerated in the federal correctional system are no longer eligible for day parole after serving one sixth of their sentence. At the earliest, they will be eligible six months before their full parole eligibility date, or after serving six months of their sentence, whichever is longer.

The Parole Board of Canada (PBC) is no longer able to direct an offender to be released on parole if it is satisfied that there are no reasonable grounds to believe that the offender, if released, will commit an offence involving violence before the sentence ends.

The PBC will use the general criteria found in section 102 of the CCRA to grant or refuse release for all offenders.

Impact

This legislation applies to all offenders who were sentenced, committed or transferred to a penitentiary, whether the sentencing, committal or transfer occurred before, on or after the day on which the legislation comes into force.

This Bill eliminates APR for all offenders where the PBC has not yet directed the release of the offender (i.e., made a decision). This includes:

• all APR reviews scheduled after this bill comes into force. These reviews will be cancelled;
• offenders flagged for APR but who have not yet been referred to the Board;
• offenders who have been referred to the Board but not yet reviewed;
• offenders who have not been directed at their initial review and who are scheduled for a hearing;
• offenders who have postponed their hearing;
• offenders whose hearing has been adjourned or, where there is a split vote; and
• offenders released on day parole where a decision on full parole has not yet been made. In these cases, the day parole remains valid until its expiration and may only be followed by a renewal of day parole through a regular day parole grant or through a grant of full parole using the parole test of section 102 of the CCRA.

Parole Officers will need to re-submit paperwork to the PBC, based on general criteria found in section 102 of the CCRA.

The abolition of APR does not affect or negate the validity of a direction already made by the PBC before the day on which Bill C-59 comes into force. Therefore, if an APR eligible offender has received day/full parole as a result of a direction by the PBC, their parole status will continue and will not be changed as a result of this legislation.

How was it developed?

Strategic Policy prepared this bulletin in consultation with the Parole Board of Canada, Institutional Reintegration, Community Reintegration and Legal Services.

Accountabilities?

The current CDs outline all related accountabilities.

Who will be affected by the policy?

• Staff involved in the case management process both in the institutions and in the community.
• Inmates previously elgible for APR.

Other impacts?

NHQ will be providing additional instructions regarding turning down OMS flags for previous APR cases.

Contact:

• Lee Redpath, A/Director
• Institutional Reintegration Operations
• 613-995-7954
• Lee.Redpath@CSC-SCC.GC.CA

Original signed by:
Don Head