Commissioner's Directive 715-2
Post-Release Decision Process
In Effect: 2019-04-15
- Corrections and Conditional Release Act (CCRA), sections 3, 3.1, 4, 15.1, 26, 81, 84, 84.1, 131(4), 133, 133(3.1), 133(3.2), 133(4.4), 133(7) 134.1, 134.1(2), 134.1(5), 134.1(2.1), 135, 135.1, 135(1.1), 135(1.2) and 137.1
To provide direction for post-release decision making and establish the procedures for the monitoring, intervention and assessment of the offender’s progress against the Correctional Plan
Applies to staff involved in supervision, case preparation and the post-suspension process
- Case Preparation
- Changes to Conditions
- Breach of Conditions and/or Increase in the Level of Risk
- Suspension of Release
- Post-Suspension Interview
- Cancellation of Suspension
- Referral to the Parole Board of Canada
- Loss of Jurisdiction
- Direct Revocation
- Parole Inoperative
- High Profile Offenders
- Annex A - Cross-References and Definitions
- Annex B - Assessment for Decision – Post Suspension/Change Conditions – Report Guide
- Annex C - Correctional Plan Update – Community Progress – Release Maintained – Report Guide
- Annex D - Risk Assessment Framework
- Annex E - Charter Warnings to Offenders with Outstanding Charges
- 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.
- The District Director will ensure:
- procedures for High Profile Offenders are followed pursuant to Commissioner’s Directive (CD) 701 – Information Sharing
- procedures outlined in CD 784 – Victim Engagement are followed.
- The Area Director will ensure processes are in place to:
- share information with the Parole Board of Canada (PBC) within timeframes prescribed by policy
- issue warrants.
- The Parole Officer will:
- process offender applications and reviews for conditional release within prescribed timeframes
- complete post-suspension reviews within legal timeframes
- ensure that information is provided to the Victim Services Unit pursuant to CD 784 – Victim Engagement
- consider victim information, as well as any victim statements provided pursuant to subsections 133(3.1) and 134.1(2.1) of the CCRA, for the purpose of case preparation for pre-release decision-making processes.
- Following the release of an offender to the community, the decision-making process will be used in the following situations:
- case preparation
- changes to conditions
- breach of conditions or any other situation that gives reason to believe the risk level has increased
- suspension of conditional release, including automatic suspension
- direct revocation.
- For case preparation decisions, the Parole Officer will:
- update the information on the offender’s progress as outlined in Annex E of CD 715-1 – Community Supervision
- 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)
- if a day parole to an other location is being considered as a period of transition from a community-based residential facility into the community, confirm the existence of a Community Assessment at the location. In the event that none exist, a Community Assessment will be required pursuant to CD 715-3 – Community Assessment
- complete an Assessment for Decision addressing the new release type pursuant to CD 712-1 – Pre-Release Decision-Making
- share documentation with the PBC within the following timeframes:
- six weeks prior to the expiration of day parole
- three months prior to warrant expiry for offenders in the community who are subject to a long-term supervision order
- when a condition to reside in a Community Correctional Centre on statutory release is recommended or imposed, the Parole Officer will request approval from the Assistant Deputy Commissioner, Correctional Operations, using the form Regional Consent – Statutory Release with Residency (CSC/SCC 1218) (see subsections 131(4) and 133(4.4) of the CCRA. This is not required when recommending residency for offenders subject to a long-term supervision order
- ensure information pursuant to section 26 of the CCRA is provided to the Victim Services Unit (refer to Annex D of CD 784 – Victim Engagement)
- if there is a victim notification required flag, request victim information from the Victim Services Unit, as well as any victim statements pursuant to subsections 133(3.1) and 134.1(2.1) of the CCRA.
Changes to Conditions
- 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.
- 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).
- The Parole Officer will contact the Victim Services Unit to advise of a recommendation to remove or modify a condition that was imposed to protect the victim, and consider victim’s concerns, if any, pursuant to subsections 133(7) and 134.1(5) of the CCRA.
- If an offender has requested a change to their release conditions and the Parole Officer has made a decision to not recommend the change, this will be documented in a Casework Record.
- The Parole Officer will inform the offender that they are entitled to submit written comments to the PBC.
- 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
- The Parole Officer must immediately inform a person with designated authority for suspension pursuant to sections 135 and 135.1 of the CCRA when:
- there is a breach of standard or special conditions (this includes arrest without warrant)
- information indicates a potential increase in risk, or
- the offender has refused or is unable to provide a required urine sample.
- 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:
- suspension of release
- additional treatment or programming to address dynamic risk factors
- additional control measures (e.g. increased reporting, curfews, special instructions or direction)
- disciplinary interview
- amendments to special conditions
- suitable cultural alternatives or interventions.
- 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.
- 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
- 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:
- when a breach of conditions has occurred
- to prevent a breach of conditions, or
- to protect society.
- The suspension process will be initiated when:
- an offender’s risk is assessed as unmanageable in the community, or
- 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 135(1.2) of the CCRA.
- Offenders who are released from a federal institution directly to other secure custody by way of a court order (e.g., remand, hospital) are not deemed to have benefited from release and are not subject to special or standard conditions of release. There is no authority to issue a suspension warrant for behaviours that did not occur in the community and the provisions of automatic suspension also do not apply.
- 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.
- 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.
- 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.
- The person with designated authority will notify the assigned Sentence Management Officer of the releasing institution when a warrant or order of cancellation is issued/executed within one working day.
- 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.
- 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.
- Cases of offenders unlawfully at large may be referred to the Security Intelligence Officer.
- 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.
- 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. The supervising office will ensure that the office responsible for the area where the offender is apprehended is advised of the apprehension and any need to complete post-suspension documentation.
- 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.
- In cases where the offender had a condition to reside in a Community Correctional Centre (CCC) and whose conditional release was suspended within the first 45 days, the case may be reassigned to the closest parole office following a case conference between the respective Parole Officer Supervisors/CCC Managers. This process excludes offenders subject to a long-term supervision order.
- If the offender is facing new criminal charges, the Parole Officer must provide warnings to the offender (see Annex E).
- The Parole Officer will conduct a post-suspension interview with the offender to:
- 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 them an opportunity to explain their conduct
- 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
- discuss alternatives to a return to custody, including changes to the Correctional Plan
- inform the offender of their rights, including the right to submit written representations if the case will be referred to the PBC
- advise the offender of their rights to be informed at least 15 days in advance of the review of the relevant information that the PBC will take into consideration.
- 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.
- 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 assigned Sentence Management Officer 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
- The most common circumstances for cancelling a warrant of suspension of conditional release or long-term supervision order include the following:
- new information modifies the risk assessment
- new information modifies the reasons for the suspension
- 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
- loss of jurisdiction due to late referral.
- The person with designated authority can cancel the suspension except when:
- the suspension was issued by the PBC
- the offender was automatically suspended pursuant to subsection 135(1.1) of the CCRA, or
- the case has already been referred to the PBC.
- The person with designated authority can cancel a suspension within the following timeframes (or a shorter period as directed by the PBC):
- in the case of an offender serving a sentence of two years or more, within 30 days of recommitment
- 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.
- The suspension period will be limited to the time required to investigate and prepare alternate release plans.
- 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.
- 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.
- 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
- 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):
- in the case of an offender serving a sentence of two years or more, within 30 days of recommitment
- 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.
- The referral will include:
- the Assessment for Decision (as outlined in Annex B)
- the Reasons for Suspension
- the most recent Correctional Plan Update (as outlined in Annex E of CD 715-1 – Community Supervision)
- the Community Assessment (if required).
- The Assessment for Decision will include a statement regarding detention criteria.
- If a referral for detention is being considered, refer to CD 712-2 – Detention.
- 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.
- 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.
- 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 their 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), the District Director, and the assigned Sentence Management Officer at the institution where the offender was incarcerated at the time of release.
- The District Director will immediately advise the Regional Deputy Commissioner of a loss of jurisdiction. The memorandum will include:
- summary of offender profile and criminal history
- description of the events leading to the loss of jurisdiction
- offender’s current location and supervision status
- risk presented by the offender to the community and actions being taken to mitigate the risk
- media attention
- decision by the PBC
- action being taken regarding policy compliance.
- The PBC may directly revoke a conditional release when:
- no warrant of suspension of conditional release was issued
- the issued warrant of suspension of conditional release was not executed
- CSC is recommending a change of conditions, or
- CSC is recommending day parole be continued and the PBC disagrees.
- If the PBC directly revokes an offender’s release when no warrant of suspension of conditional release was issued or executed, the person with designated authority will issue a warrant of apprehension and recommitment on revocation or, when not in custody, a warrant of recommitment on revocation.
- 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.
- If the revocation occurred subsequent to a recommendation, the Parole Officer will complete:
- 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
- an Assessment for Decision when new information is received which alters a previous recommendation submitted to the PBC.
- The offender’s rights with respect to direct revocation activities are the same as with post- suspension activities.
- 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.
- 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.
- The offender’s release will resume at the new eligibility date unless the PBC cancels or terminates parole.
High Profile Offenders
- If a review involves an offender with a high profile offender flag, the procedures regarding high profile offenders will be followed pursuant to CD 701 – Information Sharing.
Original signed by:
Annex A - Cross-References and Definitions
CD 001 – Mission, Values and Ethics Framework of the Correctional Service of Canada
CD 003 – Peace Officer Designations
CD 701 – Information Sharing
CD 702 – Aboriginal Offenders
CD 703 – Sentence Management
CD 705-6 – Correctional Planning and Criminal Profile
CD 712-1 – Pre-Release Decision-Making
GL 712-1-1 – CCRA Sections 84 and 84.1 Release Planning Process
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 714 – Community Correctional Centre Standards
CD 715 – Community Supervision Framework
CD 715-1 – Community Supervision
CD 715-3 – Community Assessments
CD 718 – Designation of Persons with Authority for Suspension
CD 719 – Long-Term Supervision Orders
CD 784 – Victim Engagement
Aboriginal Social History Tool
Aboriginal social history: the various circumstances that have affected the lives of most Aboriginal peoples in Canada. Considering these circumstances may result in alternate options or solutions and applies only to Aboriginal offenders (not to non-Aboriginal offenders who choose to follow the Aboriginal way of life). These circumstances include the following (note that this is not an exhaustive list):
- effects of the residential school system
- sixties scoop into the adoption system
- effects of the dislocation and dispossession of Inuit people
- family or community history of suicide
- family or community history of substance abuse
- family or community history of victimization
- family or community fragmentation
- level or lack of formal education
- level of connectivity with family/community
- experience in the child welfare system
- experience with poverty
- loss of or struggle with cultural/spiritual identity.
Day parole to an other location: a location that provides accommodation to an offender on day parole, other than a penitentiary, community-based residential facility or provincial institution, as set out in subsection 99(1) of the CCRA. This includes a private home or private facility, which has not been designated as a community-based residential facility.
Victim information: victim-related information, provided either in writing or verbally, for consideration as part of the overall case management process. This would include information provided by the victim and/or other sources. This also includes the court Victim Impact Statement, when available.
Victim statement: a written statement provided by the victim, pursuant to subsection 133(3.1) or 134.1(2.1) of the CCRA, describing the harm done or loss suffered as a result of the commission of an offence and the continuing impact on them – including any safety concerns – or commenting on the possible release of the offender. The statement will be considered in the pre-release decision-making process for consideration to impose conditions to protect the victim including a condition that the offender abstain from having any contact with the victim or from going to any specified place.
Annex B - Assessment for Decision – Post-Suspension/Change Conditions – Report Guide
The Overall Assessmentmust provide the decision-maker with an assessment that supports a recommendation concerning release and/or special conditions. The assessment is based upon information and analysis derived from other key case management documents but, in particular, the Criminal Profile, Correctional Plan or Correctional Plan Update and the Community Strategy. Using this information, the assessment must consider the relationship among the various factors as well as their relative weight in formulating and justifying a recommendation.
The assessment must contain information that is up to date, relevant, accurate and complete. It must be balanced, containing both positive and negative aspects of the case. The assessment must reconcile the discordant information while providing a recommendation with a clear rationale and justification based upon the Risk Assessment Framework (Annex D). For Aboriginal offenders, the assessment must be made within the context of their Aboriginal Social History as outlined in Annex H of CD 705-6 – Correctional Planning and Criminal Profile.
Conceptually, there are two sets of related questions that the assessment must address:
Has the offender's Correctional Plan been successfully implemented and has it been effective?
In other words, what changes in the offender's attitudes and/or behaviour have occurred since the beginning of the sentence and what effect have these changes had on the offender's risk level?
Has the offender been motivated to change and been engaged in the correctional planning process? How does the offender demonstrate their understanding of their crime cycle? In the case of an Aboriginal offender who has been engaged in Pathways or cultural interventions, what changes are observable?
Is the proposed release plan and supervision strategy adequate to address the offender's outstanding risk, support their reintegration and ensure a safe release?
In other words, how will the available programs and/or interventions mitigate risk? If there is a Healing Plan on file, how has the offender been engaged in the plan? What other positive community supports (including family, friends, Aboriginal community, employers, volunteers, agencies) are available? Are there negative aspects to consider in the release environment? Can the specific areas of risk be effectively managed by the Parole Officer and others in the Case Management Team? How can the offender’s behaviour and special conditions be effectively monitored? How do victim concerns impact the release plan?
Assessment for Decision Report Headings
State the purpose for the assessment and identify any relevant documentation that must be read in conjunction with it, including the Criminal Profile Report, the most recent Correctional Plan Update and the most recent Community Strategy, if applicable.
The following areas must be evaluated as well as their relative weight in formulating and justifying a recommendation. Explain how each of these relevant factors aggravates risk, mitigates risk or has no impact on risk, and discuss the cumulative impact of these factors against the actuarial scores/results.
The Pre-/Post-Release Assessment Decision Tool should be consulted for a comprehensive listing of the factors that are relevant when completing the Overall Assessment.
Criminal History and Conditional Release History
Assess the relevant aspects of the criminal history and conditional release history.
If the offender is Aboriginal, explain how their Aboriginal social history has impacted their criminal history and how the historical treatment of Aboriginal people has affected the offender’s community, the family and the offender. Assess the Aboriginal social history – including effects of the residential school system – to determine what culturally appropriate/restorative measures are available and/or will be put in place in the community to assist the offender.
Assess the offender’s overall behaviour in the institutional or community setting.
How has the offender’s Aboriginal Social History impacted their overall behaviour in the institution or community setting? Additionally, for Aboriginal offenders, are they working with an Elder or engaging in cultural interventions/pursuits? If so, what are the noted overall impacts of their engagement?
Correctional Plan Progress and Offender Engagement
Assess the degree of impact of the programs and other interventions that have been provided on each of the targeted dynamic risk factors. The key consideration is whether there has been a reduction in risk.
For Aboriginal offenders, how did programs and interventions take account of the offender’s culture and background, including Elder involvement and interest in CCRA section 81, 84 or 84.1 options?
If revocation is recommended, comment on whether the current circumstances of violation merits a detention review.
Release Plan and Supervision Strategy
Assess the offender’s new release plan, highlighting strengths and weaknesses as well as the proposed supervision strategy, if applicable.
For Aboriginal offenders who are interested in following a traditional path, what culturally appropriate programming is available, including involvement of Elders, Aboriginal Community Liaison Officers, home community or different Aboriginal community (sections 81, 84 and 84.1 of the CCRA)? What are the appropriate resources available in the community? If, for any reason, their home community is not considered suitable, how would a different Aboriginal community provide a higher level of support? Is there a section 84 or section 84.1 in place? Would a plan involving placement at a section 81 facility assist in mitigating risk? If a section 84 or section 84.1 is in place, can we leverage existing resources to help mitigate risk? Has consultation been completed with the Elder and ACDO, the offender most recently worked with?
Assess victim information and indicate how the release plan will mitigate any identified risk. Pursuant to subsection 133(3.2) of the CCRA, if a victim statement has been provided pursuant to subsections 133(3.1) and 134.1(2.1) of the CCRA, consider whether any conditions are reasonable and necessary to protect the victim; the reasons to recommend a condition or not must be documented. If such a statement has not been provided, nothing precludes the author from recommending any conditions pursuant to subsections 133(3) and 134.1(2) of the CCRA.
If recommending the removal or modification of a condition which was imposed to protect a victim, consider every victim’s concerns pursuant to subsections 133(7) and 134.1(5) of the CCRA.
If a case is made for a residency condition for an offender on statutory release, particular care must be taken to ensure that the legislated criteria are met. It is not enough to state that residency will be beneficial; the Parole Officer must be able to demonstrate that, in the absence of a residency condition, the offender will present an undue risk to society. This requires both establishing how the residency condition will ensure that there is not an undue risk and demonstrating that other possible supervision strategies are insufficient to manage risk.
If a case is made for a residency condition for an offender subject to a long-term supervision order, the Parole Officer must demonstrate that the condition is both reasonable and necessary in order to protect society and to facilitate the successful reintegration into society of the offender. Residency conditions for an offender subject to a long-term supervision order may only be imposed for a maximum of 365 days.
For Aboriginal offenders, consider the identified need areas, within the context of the offender’s Aboriginal Social History, and how the recommendation will address these needs. When recommending special conditions, make links between the need for a certain condition and the offender’s Aboriginal Social History.
Annex C - Correctional Plan Update–Community Progress – Release Maintained – Report Guide
The main purpose of the Correctional Plan Update is to report on the offender’s progress in meeting their Correctional Plan objectives. When a Correctional Plan Update is prepared because release is being considered, the report includes the offender’s proposed release plan and provides sufficient information to support a request for a Community Strategy.
When an Assessment for Decision is prepared, the Correctional Plan Update becomes a key document that both supports the assessment and recommendation as well as decision making.
The report contains the following sections:
Section 1 – Objectives/Expected Gains
Provide a brief synopsis of the case, including:
- the purpose of the update
- the offender profile, offence, offence history (which normally is unchanged from the intake Correctional Plan)
- deportation/immigration status (which normally is unchanged from the intake Correctional Plan)
- the circumstances of the suspension/increase in risk
- the offender’s version if the report is related to a breach and/or increase in risk.
For Aboriginal offenders, consider the above synopsis and circumstances within the context of the offender’s Aboriginal Social History.
Ratings Reassessment and Correctional Plan Progress
Using the Key Ratings Reassessment Framework in Annex C of CD 715-1 – Community Supervision, update the relevant ratings, highlighting any changes that have occurred from the beginning of the sentence. Specify what changes, if any, have occurred concerning the Correctional Plan objectives, including court-ordered obligations, obtaining missing pieces of identification, commenting on the impact of programs and interventions, updated mental health information and relevant security information. For Aboriginal offenders, when providing a description of changes that have occurred, do so within the context of the offender’s Aboriginal Social History.
- Static Factor Assessment Rating
- Dynamic Factor Assessment Rating
- Accountability Rating
- Motivation Rating
- Responsivity Factor
- Engagement Factor
- Reintegration Potential Rating
- Psychological/Psychiatric Mental Health Information.
Update, if required, the offence cycle, and comment on any changes regarding the offender’s understanding of the cycle. For Aboriginal offenders, explain the offence cycle within the context of their Aboriginal Social History.
Correctional and Sentence Planning
In consultation with the offender and other members of the Case Management Team:
- update the Correctional Plan goals and objectives, including the healing components, where required. The objectives will be individualized, structured, measurable, attainable, relevant and time-bound, while setting the framework for managing the sentence
- summarize the overall level of progress since the last review
- indicate the offender’s plan for and/or progress in obtaining outstanding pieces of identification.
Section 2 – Analysis of Current Request
If a new Community Strategy is required, summarize the offender’s release plan, including the following:
- the outstanding risk factors requiring intervention
- the community interventions that would be required to target the outstanding risk factors, and in the case of an Aboriginal offender following (or interested in following) a traditional path, also include any community cultural activities/ceremonies that will be undertaken which will help to assist the offender, as well as any interventions noted in a section 84 or section 84.1 agreement
- specifics of the proposed release plan, including destination (and, if applicable, whether section 84 or 84.1 of the CCRA applies and any resulting agreement with the offender’s home community or alternately another Aboriginal community that engages in a section 84 or section 84.1 with the offender), employment, accommodation, family support. If the proposed accommodation is to reside at an other location for day parole, confirm:
- the existence of a Community Assessment of this location. In the event that none exist, a Community Assessment will be required pursuant to CD 715-3 – Community Assessment
- if the community resource agrees to house the offender and has an understanding of their role and responsibilities in supporting and facilitating the offender’s release
- the curfews and time to be spent at the location; this must be established in the context of the offender’s progress in meeting the objectives of the Correctional Plan
- victim considerations, including possible restrictions on travel, requests from victims for non- association conditions, sentencing judge comments.
Annex D - Risk Assessment Framework
Following an offender’s breach 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. For Aboriginal offenders, these factors must be considered relative to the offender’s Aboriginal Social History.
Review of Critical Risk Factors
- Current risk to re-offend, including existence of high risk situations/triggers
- Offence cycle
- Existence of behavioural patterns in the institution related to the offence cycle
- PBC decisions and any applicable comments
- Actuarial/clinical measures of risk and any other information from psychological, psychiatric or supplementary assessments
- Mental health issues and current risk of suicide.
Circumstance of the Breach/Increase in Risk
- Nature of the breach/increase in risk and its relationship to the offence cycle
- Existence of a pattern of similar breaches during the supervision period
- Police and preventive security information regarding the breach/increase in risk
- Intoxicant type, severity of the addiction and its relationship to the offence cycle
- Victim concerns.
Progress Under Supervision
- Progress against case specific dynamic factors
- Length of time and level of stability in the community
- Information from collateral sources with special attention to recent breakdown of relationships, domestic problems and family violence
- Previous response to interventions
- Demonstrated ability to manage offence cycle
- Recommendations from supervision team members, e.g., community-based residential facility, program facilitators, police, etc.
- History of substance abuse, type of intoxicant and its link to criminal behaviour
- Offender’s Aboriginal social history to be taken into consideration when assessing progress.
Strategies to Manage Risk
- Availability and suitability of additional treatment or programming including cultural interventions and restorative options, including section 81, section 84 or section 84.1 supported release plans to address dynamic risk factors and mitigate risk.
- Availability and suitability of additional control measures to manage risk, e.g., increased reporting, increased urinalysis, community-based residential facility admission, curfews, etc.
- 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?"
- Date modified: