Commissioner's Directive 712-1
Pre-Release Decision-Making

Commissioner's Directive

Authorities

Purpose

To provide direction for pre-release decision-making

Applications

Applies to staff involved in case preparation and pre-release decision-making

Contents

Responsibilities

  1. The Assistant Deputy Commissioner, Correctional Operations, may, pursuant to subsections 131(4) and 133(4.4) of the CCRA, consent in writing to an inmate's residency requirement in a penitentiary, including a Community Correctional Centre.
  2. The Institutional Head/District Director will:
    1. relating to the pre-release decision process are adhered to
    2. are in place for updating Correctional Plans for release pursuant to Commissioner’s Directive (CD) 710-1 - Progress Against the Correctional Plan
    3. for High Profile Offenders are followed pursuant to CD 701 - Information Sharing
    4. outlined in CD 784 - Victim Engagement are followed.
  3. The Institutional Head will establish processes for the approval and recording of:
    1. accompaniment of inmates to their release destination
    2. early discretionary release (subsection 93(2) of the CCRA)
    3. temporary accommodation (subsection 94(1) of the CCRA).
  4. The Deputy Warden will establish a process for timely psychiatric assessments and referrals.
  5. The Assistant Warden, Interventions, and the Area Director will establish notification processes for requesting and/or completing case management reports. These processes will be communicated to the Assistant Deputy Commissioner, Correctional Operations, to ensure regional consistency, while taking into account site specific considerations.
  6. The Parole Officer will:
    1. process inmate applications and legislated reviews for conditional release within the prescribed timeframes (see Annex G)
    2. ensure inmates are informed of their rights as set out in sections 84 and 84.1 of the CCRA and outlined in Guidelines (GL) 712 1 1 - CCRA Sections 84 and 84.1 Release Planning Process
    3. assist the inmate in obtaining outstanding pieces of identification such a birth certificate, an Indian Status Card, a Métis Card, a permanent resident card or citizenship certificate, a Social Insurance Number, and a health card (refer to Appendices F and H of the National Essential Health Services Framework)
    4. collaborate with their counterparts in the pre-release case preparation and recommendation process
    5. ensure that all information relevant to decision-making is shared with the inmate pursuant to CD 701 - Information Sharing
    6. in the absence of an Aboriginal Community Development Officer, work with the Aboriginal Liaison Officer and the community Parole Officer to develop sections 84 and 84.1 release plans
    7. if there is a victim notification required flag, request victim information from the Victim Services Unit, including victim statement pursuant to subsections 133(3.1) and 134.1(2.1) of the CCRA
    8. when required, 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.
  7. The Aboriginal Liaison Officer will:
    1. support and promote the provision of sections 81, 84 and 84.1 of the CCRA from within the institution, as outlined in GL 712-1-1 - CCRA Section 84: Application Process
    2. liaise with Aboriginal Community Development Officers in the development of release plans that are consistent with the offender's Correctional Plan
    3. document and share Elder's comments and recommendations
    4. liaise with the Parole Officer in the development of release plans consistent with the Aboriginal continuum of care and the offender's Correctional Plan.
  8. The Aboriginal Community Development Officer will:
    1. support and promote involvement of Aboriginal communities in release planning
    2. liaise with the Aboriginal Liaison Officer in the development of release plans consistent with the Aboriginal continuum of care and the offender's Correctional Plan
    3. liaise with the Parole Officer in the development of release plans that are consistent with the offender's Correctional Plan.

Procedures

General Pre-Release Assessment Process

  1. Case preparation will begin according to the timeframes identified in Annex B.
  2. The intake Parole Officer will initiate the pre-release assessment process in the following cases:
    1. inmates serving three years or less who have applied for day parole during the intake processs
    2. inmates with a full parole eligibility date within six months of completion of intake.
  3. The institutional Parole Officer will initiate the pre-release assessment process in the following cases:
    1. inmates applying for day parole or approaching parole eligibility dates
    2. inmates who have applied for an unescorted temporary absence or work release
    3. inmates approaching statutory release
    4. detained inmates approaching review, including offenders subject to a long-term supervision order approaching their warrant expiry date.
  4. The Parole Officer will:
    1. inform the inmate of their rights pertaining to the decision-making process
    2. develop a release plan with the inmate focusing on the objectives of the Correctional Plan
    3. consult the area parole office at the proposed destination to confirm resource availability, if required
    4. ensure the Case Documentation Checklist is complete
    5. request additional assessments and/or reports as required
    6. request a Community Assessment for day parole for an admission to a community-based residential facility, for a Private Home Placement, or to an other location, as required
    7. review the Preventive Security file, and where applicable, consult the Security Intelligence Officer
    8. 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)
    9. 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
    10. update the Correctional Plan in consultation with the inmate (refer to Annex D of CD 710-1 - Progress Against the Correctional Plan)
    11. request a Community Strategy. In the case of dual destinations, direct the Community Strategy request to the area parole office responsible for supervising the longer release period supported and request a Community Assessment from the other destination
    12. document the actions taken to assist the inmate (or the inmate’s refusal) in obtaining outstanding pieces of identification in a Casework Record entitled “Personal Documents - Pre-Rel”.
  5. In cases where the inmate's reintegration potential is rated as low and the Case Management Team is not supporting the release, a Community Strategy is not required unless the inmate is:
    1. pursuing a release under the provisions of section 84 or section 84.1 of the CCRA
    2. being released on statutory release, or
    3. being released at warrant expiry and is subject to a long-term supervision order.
  6. Depending on the length of time an inmate has been in an institution other than their parent institution, or in provincial custody due to court orders, the respective Institutional Heads and/or District Director will determine the responsibility for case preparation.

Community Strategy

  1. The Community Strategy (see Annex F) will be completed within 30 days of the request. Exceptions require documented approval from the Parole Officer Supervisor and will be limited to those cases where information from another location is required.
  2. When day parole or statutory release with residency cannot be accommodated due to unforeseen reasons in the destination area, the receiving office will redirect the request within seven days following consultation with the requesting facility. If the Community Strategy is not redirected, the parole office will request a Community Assessment from the alternate destination.
  3. The Community Assessment will be completed as soon as possible so as not to delay the completion of the Community Strategy and the Assessment for Decision.
  4. The results of the Community Assessment will be incorporated into the Community Strategy and the Assessment for Decision by the initial receiving parole office.
  5. For statutory release reviews, the Community Strategy will address any need for early discretionary release and, if applicable, section 84 and section 84.1 of the CCRA.
  6. The community Parole Officer will consult with the institutional Parole Officer and the inmate when required, prior to finalizing the Community Strategy.
  7. During the development of the Community Strategy for Aboriginal offenders, when appropriate, the Parole Officer will consult with the Aboriginal Community Liaison Officer, in locations where one is in place.
  8. The community Parole Officer is responsible for the recommendation of special conditions to the Parole Board of Canada (PBC).
  9. Where the community Parole Officer is responsible for completing the Community Strategy, they will consider victim information, as well as any victim statements provided pursuant to subsection 133 (3.1) or 134.1(2.1) of the CCRA, and will recommend the imposition of any condition that is reasonable and necessary to protect the victim. When such a statement has been provided, the Parole Officer will provide a clear rationale on the reasons to recommend such a condition or not (refer to Annex F - Community Strategy Guide).
  10. The community Parole Officer will notify the institutional Parole Officer once the Community Strategy is complete.

Assessment for Decision

  1. The community Parole Officer will complete a combined Community Strategy/Assessment for Decision report in the following cases:
    1. inmates serving three years or less who have applied for day parole during the intake process
    2. inmates who reach full parole eligibility within six months of completion of the intake assessment process
    3. inmates being released on statutory release or who will be subject to a long-term supervision order where special conditions are recommended.
    4. if, as per paragraph 13, a Community Strategy is not required, the institutional Parole Officer will complete the Assessment for Decision.
  2. The institutional Parole Officer will complete the Assessment for Decision for all other cases (refer to Annex C - Assessment for Decision Report Guide - Overall Assessment), within 30 days of completion of the Community Strategy (or shorter timeframe as may be required by law or policy).
  3. Only one Assessment for Decision will normally be completed in cases where a statutory release coincides with a day and/or full parole review. In such cases, the community Parole Officer will complete the Assessment for Decision if the statutory release date falls within six months of the scheduled parole review.
  4. 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.
  5. Upon receipt of new information which would change the recommendation, the original completing operational unit will complete a new Assessment for Decision.
  6. If 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.

Changes to Parole Board of Canada Approved Release Plan

  1. If there is a significant change to a release plan approved by the PBC prior to release, the original completing operational unit will submit an Assessment for Decision, recommending "Change Conditions".
  2. If an offender has been granted parole by the PBC and there is a significant change in the offender’s circumstances prior to release, the Parole Officer will immediately inform the PBC and submit an Assessment for Decision recommending either “Cancellation” of parole or “No Action”.
  3. If, as a result of an appeal, the PBC orders a new review, the Parole Officer will provide an update of the offender’s progress by completing a new Assessment for Decision if there is a change to the original recommendation or, an addendum if the original recommendation remains the same.
  4. If a special condition was imposed to protect a victim pursuant to subsections 133(3.1) and 134.1(2.1) of the CCRA, the removal or modification of the special condition must consider any concerns from every victim who provided statements.

Urinalysis Prior to Release on Parole

  1. If an offender has been granted parole by the PBC but has not yet been released, and the offender provides a positive urinalysis test result, or refuses or fails to provide a urine sample when demanded pursuant to section 54 of the CCRA, the institutional Parole Officer will immediately inform the PBC and submit an Assessment for Decision recommending either "Cancellation" of parole or "No Action".

Psychological Risk Assessment - Mandatory Referral Criteria for Inmates

  1. A psychological risk assessment is mandatory (if one has not already been completed) for inmates who meet any of the following criteria and are applying for conditional release (excluding Statutory Release):
    1. persistent violence
    2. gratuitous violence
    3. sexual offences
    4. referrals for detention
    5. conditional release reviews (other than medical or compassionate escorted temporary absence) for inmates with indeterminate or life sentences.
  2. Subsequent assessments may be in the form of a new assessment or an update to the previous assessment.

Psychological Risk Assessment - Discretionary Referral Criteria

  1. Referrals for a psychological risk assessment will be made only when existing treatment summaries are not sufficient to assess the progress in relation to the inmate's Correctional Plan and in the following cases:
    1. complex mental disorder that impacts functioning, excluding substance abuse
    2. suicide risk/self injury, where the assessment will assist in clarifying the risk posed by the inmate.
  2. A pre-release psychological risk assessment is considered to be current for a period of two years.

Psychiatric Assessments

  1. A psychiatric assessment will be requested by a Psychologist when:
    1. it is recommended that an evaluation of mental illness, disorder, or mental capacity of the inmate, or an opinion on the treatment options, would contribute to the understanding and management of the case, or
    2. psychiatric treatment intervention impacts on the risk presented by the inmate
  2. For inmates serving a life or indeterminate sentence, at the time of their first review for any type of conditional release (other than a medical or compassionate escorted temporary absence), the psychological risk assessment report will indicate whether:
    1. a psychiatric assessment is recommended, and include the reason for the referral, or
    2. a psychiatric assessment is not recommended and include a rationale.

CCRA Sections 84 and 84.1 Pre-Release Process

  1. When an inmate expresses an interest in a release pursuant to section 84 or section 84.1 of the CCRA, the institutional Parole Officer will collaborate with their counterparts, including the Elder, the Aboriginal Liaison Officer, the Aboriginal Community Development Officer, the Aboriginal Community Liaison Officer and the community Parole Officer, and complete the procedures outlined in GL 712-1-1 – CCRA Sections 84 and 84.1 Release Planning Process.

Automatic Parole Reviews

  1. The timeframes for day and full parole reviews by the PBC are set out in sections 122 and 123 of the CCRA.
  2. For offenders convicted of an “offence involving violence” (refer to CCRA definition in Annex A), with the exception of offenders referred to in paragraph 46, automatic parole reviews by PBC will occur in accordance with subsection 123(5) of the CCRA.
  3. For Dangerous Offenders (including Dangerous Sexual Offenders and Habitual Offenders) serving an indeterminate sentence, legislated (automatic) parole reviews will occur in accordance with section 761 of the Criminal Code.

Parole Applications

  1. Inmates may apply for parole following a negative PBC decision:
    1. one year following the decision
    2. any earlier time as prescribed by the Regulations, or
    3. any earlier time determined by the PBC (for example, when CSC is supporting a release or as otherwise provided by PBC policy or direction by the PBC).

Postponement/Withdrawal/Waivers

  1. Inmates may postpone, withdraw and/or waive their right to a review and/or hearing as outlined in CD 712-3 - Parole Board of Canada Reviews.

Parole by Exception

  1. The institutional Parole Officer will consider all release options for inmates who meet the criteria identified in section 121 of the CCRA.
  2. Inmates serving a life sentence imposed as a minimum punishment or an indeterminate sentence are not eligible for parole by exception unless they are terminally ill. Those inmates seeking exceptional release for other reasons can make a request for a record suspension under the Criminal Code or the exercise of the Royal Prerogative of Mercy.
  3. The inmate will submit an application for parole by exception unless:
    1. the inmate is mentally or physically incapable of doing so
    2. release is being proposed without the inmate's consent, e.g. extradition, or
    3. urgent circumstances require flexibility.
  4. When the parole by exception is proposed for health-related reasons, the institutional Parole Officer will initiate the pre-release process. The Assessment for Decision will be completed pursuant to Annex C. The rationale for release must be clearly supported by medical/psychiatric evidence.
  5. If the PBC determines the criteria of section 121 of the CCRA are not met, the review will be discontinued.
  6. If the PBC agrees to review the case under section 121 of the CCRA, the PBC will proceed with a consideration of granting day or full parole.

Deportation and Removal Orders

  1. Deportable inmates, who are incarcerated in Canada, remain eligible for conditional release. In addition to regular case preparation, the institutional Parole Officer will consult with immigration authorities and the Sentence Management Officer to determine the status of any removal and/or detention orders and to exchange risk-related information.
  2. If an inmate has been ordered removed, the unescorted temporary absence and day parole eligibility dates become the same as the full parole eligibility date pursuant to subsection 128(4) of the CCRA. This does not apply to offenders serving a life sentence without eligibility for parole for a specified number of years that is imposed as a minimum punishment. In these cases, eligibility for day parole and unescorted temporary absence is still determined by section 746.1 of the Criminal Code subject to subsections 119(1.1) and 119(1.2) and paragraph 115(1)(a.1) of the CCRA.
  3. If, prior to an inmate's release on day parole, a removal order alters the day parole eligibility date, the Parole Officer will submit a new recommendation to the PBC.

Accompaniment of Inmates

  1. The institutional Parole Officer will assess the need to have the inmate accompanied to their destination. For destinations involving multiple transition points (e.g., airports, bus stations), the assessment will include the need to have the inmate accompanied to these interim destination points and/or through to the final destination, and if applicable, consultation with the responsible community parole office. If appropriate and agreed to by the inmate, the recommendation regarding accompaniment will be documented within the release plan. Inmates who may benefit include those on statutory release, those subject to a long-term supervision order, or any inmates where an accompaniment would assist in the inmate’s safe transition to the community. For inmates with mental or physical health needs, consultation with Health Care Services professionals will occur to assess the need for clinical accompaniments.
  2. The Institutional Head or delegate will review the recommendation and make the final decision regarding accompaniment.

Early Discretionary Release Prior to the Statutory Release Date or Warrant Expiry Date

  1. In accordance with subsection 93(2) of the CCRA, when an inmate's return to the community on statutory release or warrant expiry date will be facilitated by an earlier release, the Institutional Head will consider authorizing an earlier release of up to five days.
  2. As part of statutory release planning, the institutional Parole Officer will discuss early discretionary release (EDR) with the inmate, particularly if the scheduled release date falls on a Friday or the day before a statutory holiday. The application for EDR will normally be submitted at this time. The Correctional Plan Update for release will include a review of factors for EDR pursuant to Annex E.
  3. Prior to an inmate’s scheduled release at warrant expiry, the Parole Officer will discuss EDR with the inmate. If the inmate applies for EDR the institutional Parole Officer will consult with the community Parole Officer at the release destination prior to completing an Assessment for Decision (Annex E).
  4. The decision regarding EDR will normally be made at least 15 days prior to the requested early release date. For those inmates with a victim notification required flag, the decision will be made at least 20 days prior, pursuant to notification timeframes in CD 784 - Victim Engagement, Annex D.
  5. The community Parole Officer will assess and document the necessity and/or benefits to a proposed EDR in the Community Strategy/Assessment for Decision and record the recommendation in OMS.
  6. If an EDR was not approved and new information comes to light warranting a reassessment, the Parole Officer will re-initiate the EDR process in consultation with the community Parole Officer at the release destination.
  7. If an EDR cannot be completed due to unforeseen reasons, the institutional Parole Officer will cancel the request and proceed with a new Assessment for Decision pursuant to Annex C or Annex E, whichever applies.
  8. The Sentence Management Officer will be advised if an EDR is authorized or cancelled.

Temporary Accommodation in Penitentiary

  1. Inmates may submit a request for temporary accommodation in writing to the Institutional Head.
  2. The assigned Parole Officer will complete an Assessment for Decision to address the inmate's application for temporary accommodation pursuant to Annex D.
  3. The Parole Officer will advise Sentence Management of the decision to grant temporary accommodation. If an inmate subsequently requests to be released, Sentence Management will be informed immediately and the inmate will be released at the earliest opportunity, following normal release procedures pursuant to CD 712-4 - Release Process.
  4. Offenders who remain in or return to a penitentiary under the temporary accommodation provisions retain their parole or statutory release status even though they are deemed to be inmates under the CCRA.

High Profile Offenders

  1. If a review involves an offender with a high profile flag, the procedures regarding high profile offenders will be followed pursuant to CD 701 - Information Sharing.

Commissioner,

 

Original signed by:

Anne Kelly


Annex A
Cross-References and Definitions

CD 001 - Mission, Values and Ethics Framework of the Correctional Service of Canada
CD 700 - Correctional Interventions
CD 701 - Information Sharing
CD 702 - Aboriginal Offenders
CD 703 - Sentence Management
CD 704 - International Transfers
CD 705-5 - Supplementary Assessments
CD 710 - Institutional Supervision Framework
CD 710-1 - Progress Against the Correctional Plan
CD 712 - Case Preparation and Pre-Release Framework
GL 712-1-1 - CCRA Sections 84 and 84.1 Release Planning Process
CD 712-3 - Parole Board of Canada Reviews
CD 712-4 - Release Process
CD 719 - Long-Term Supervision Orders
CD 726 - Correctional Programs
CD 784 - Victim Engagement
CD 800 - Health Services
CD 843 - Interventions to Preserve Life and Prevent Serious Bodily Harm

CSC Palliative Care Guidelines
Integrated Mental Health Guidelines
International Transfer of Offenders Act
Decision-Making Policy Manual for Board Members
Aboriginal Social History Tool
National Essential Health Services Framework

Definitions

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):

Dangerous Offender: an offender who is subject to a designation by the court under section 753 of the Criminal Code.

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.

Gratuitous violence: excessive violence beyond that which is “required” to meet an end, or evidence of sadistic behaviour, torture.

Long-term supervision order: an order imposed by the court as a sentencing option to an offender designated as a Dangerous Offender pursuant to section 753 of the Criminal Code or as a Long-Term Offender pursuant to section 753.1 of the Criminal Code. 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 they had been convicted. The period of supervision to which the offender is subject at any time must not total more than 10 years.

Offence involving violence: as defined in subsection 123(8) of the CCRA, this means murder or any offence set out in Schedule I.

Parole Board of Canada (PBC) Review: a file review or a hearing conducted by Board members.

Persistent violence: three or more offences listed in Schedule I, irrespective of their mode of prosecution, where each conviction leads to a custodial sentence of at least six months duration and where the offences occurred on different days.

Postponement: a written request from an offender to delay his/her PBC review.

Psychiatric assessment: an evaluation completed by a psychiatrist, which addresses mental illness or disorder and the mental capacity of the offender.

Psychological risk assessment: an evaluation of offender risk, needs, responsivity and the manageability of risk, done from a psycho-social perspective, utilizing a variety of scientifically-validated assessment methodologies in an integrated process. It also includes reference to appropriate strategies for management of risk.

Sexual offences: current offence is a sexual offence or sexually motivated offence; has a history of sexual offences or sexually motivated offences; has an admission of guilt for a sexually motivated offence without conviction; or when the Correctional Service of Canada (CSC) has reliable information that an offender has committed crimes of a sexual nature, whether or not these have resulted in a conviction.

Special condition: a condition imposed by the decision-maker to manage risk and enhance public safety when an offender is under a conditional release or is subject to a long-term supervision order.

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.

Waiver: a written statement by an offender forfeiting their legal right to a specific PBC review.

Withdrawal: a written request by an offender who no longer wishes to have their application for a temporary absence, a day parole or a full parole reviewed by the Parole Board of Canada.

Annex B
Timeframes for Case Preperation

Type of Review BF - Start of case preparation prior to eligibility or review date; Request a CA, if applicable* CPU/CP completed and sent to PBC;
Request a CS
CS completed;
Start Assessment for Decision (A4D);
or CS/A4D completed & sent to PBC
A4D completed and sent to PBC Primary Information Sharing Checklist (CSC/SCC 1199) and/or Information Sharing Checklist Update (CSC/SCC 1197) and Procedural Safeguard Declaration (CSC/SCC 1198) finalized and sent to PBC
Inmates serving three years or less who have applied for day parole* or are eligible for full parole within six months of the completion of the intake process Six months or earlier Five months Four months Three months No later than 28 days prior to the first day of the hearings scheduled at the institution
Responsibility Intake Parole Officer Intake Parole Officer Community Parole Officer Community Parole Officer Intake Parole Officer or institutional Parole Officer
           
Day parole* or full parole (including provincial cases in federal custody under an ESA agreement) Five months Four months Three months Two months No later than 28 days prior to the first day of the hearings scheduled at the institution
Responsibility Institutional Parole Officer Institutional Parole Officer Community Parole Officer Institutional Parole Officer Institutional Parole Officer
           
Statutory release or long-term supervision order approaching warrant expiry date Earlier than six months Six months Five months Four months 60 days prior to a scheduled hearing. Must include form CSC/SCC 1218 signed by Regional Deputy Commissioner or Assistant Deputy Commissioner
Responsibility Institutional Parole Officer Institutional Parole Officer Community Parole Officer Community Parole Officer Institutional Parole Officer
* Note: For “day parole to an other location”, request a Community Assessment when starting the case preparation.

Annex C
Assessment for Decision Report Guide - Overall Assessment (for Parole/Statutory Release/Long-Term Supervision Order)

Preamble

The Overall Assessment must 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. For Aboriginal offenders, the assessment must be made within the context of their Aboriginal social history.

Conceptually, there are two sets of related questions that the assessment must address for the decision-maker:

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 have they 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, if available, the most recent Community Strategy.

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 for 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 peoples of Canada 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.

Institutional/Community Behaviour

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 engaging in cultural pursuits or interventions or working with an Elder? 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, refer to CD 705-6 - Correctional Planning and Criminal Profile, Annex H to assist in identifying the impact of programs and interventions on the offender’s dynamic risk factors relative to their ASH. Take into account the offender’s ASH, Elder involvement, participation in cultural interventions, interest in section 81, section 84 or section 84.1 and mainstream programs in the assessment of progress.

Release Plan and Supervision Strategy

If combined Community Strategy/Assessment for Decision, incorporate the Community Strategy.

Assess the offender’s release plan, highlighting strengths and weaknesses as well as the proposed supervision strategy.

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?

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 subsection 133(3.1) or 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 an application is made for day parole to an other location, particular attention must be given to whether:

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.

Recommendation(s)

Annex D
Assessment for Decision for Temporary Accommodation - Report Outline

Introductory Statement/Case Status

Provide a brief statement of the purpose of the report.

Risk Assessment

  1. Risk Factors
    Briefly analyze the inmate’s risk factors, specific to the offence cycle as outlined in the Correctional Plan. Incorporate actuarial assessments (e.g. SIR-R1) and reintegration potential.
  2. Plan for Temporary Accommodation
    Inmate's reason for request (per inmate's written application and interview), proposed duration of temporary accommodation.

Overall Assessment

Provide an overall assessment incorporating the following elements, as applicable and appropriate:

  1. nature and gravity of the offence and the degree of responsibility of the offender
  2. victim concerns (if applicable)
  3. 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)
  4. recent professional opinions regarding temporary accommodation such as health care, mental health, psychological information, police comments and/or previous CSC decisions (if applicable)
  5. 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)
  6. inmate engagement
  7. consider elements of Aboriginal social history (if applicable)
  8. confirm security classification
  9. assess how temporary accommodation will assist in the protection of society and the inmate meeting the objectives of their Correctional Plan.

Dissenting Opinion

Recommendation

Annex E
Assessment for Decision for Early Discretionary Release Prior to Statutory Release Date or Warrant Expiry Date - Report Online

Introductory Statement/Case Status

Provide a brief statement of the purpose of the report.

Risk Assessment

  1. Risk Factors
    Briefly analyze the inmate’s risk factors, specific to the offence cycle as outlined in the Correctional Plan. Incorporate actuarial assessments (e.g. SIR-R1) and reintegration potential.
  2. Factors to Be Considered and Plan for Early Discretionary Release
    Incorporate the following as applicable:
    • purpose and objectives to be achieved
    • level of needs and community functioning
    • mental health needs
    • programming needs and access to community resources
    • family support with respect to early discretionary release
    • comments from Community Strategy, if applicable, including the area parole office's support/lack of support for early discretionary release
    • destination and accommodation
    • mode of transportation, travel time, expected arrival time
    • reporting requirements/instructions upon arrival at destination
    • rationale and recommendation for accompaniment to release destination, if deemed necessary.

Overall Assessment

Provide an overall assessment incorporating the following elements, as applicable and appropriate:

  1. nature and gravity of the offence and the degree of responsibility of the offender
  2. victim concerns (if applicable)
  3. 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)
  4. recent professional opinions regarding early discretionary release such as health care, mental health, police comments and/or previous CSC decisions (if applicable)
  5. 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)
  6. inmate engagement
  7. consider elements of Aboriginal social history (if applicable)
  8. assess how an early discretionary release will assist in the protection of society.

Dissenting Opinion

Recommendation

Annex F
Community Strategy Guide

The purpose of the Community Strategy is to assess the offender’s release plan and to propose a supervision strategy that will manage the offender’s risk. It is closely linked to the Correctional Plan since it outlines the goals and expectations for the offender in the event of a community release.

Release Plan

Indicate the various contacts, their relationship to the offender, and the nature of the potential support. Confirm that contacts have been informed that information they provide will be shared with the inmate. However, if the identity of the contact requires protection, this information will be documented in a Protected Information Report. In such a case, the contact will be informed that a “gist” of the information will be shared with the inmate if the information is used in decision-making.

Confirm the accommodation plan and comment on its suitability in addressing the offender’s risk and needs:

Where applicable, consult the Community Security Intelligence Officer and the local police forces. Provide any police comments (if applicable). Determine and/or confirm whether there are victim concerns in the release destination.

For Aboriginal offenders who do not have a section 84 or section 84.1 release plan, document the results of a consultation with the Aboriginal Liaison Officer (in locations where there is an Aboriginal Liaison Officer).

Supervision Strategy

Explain and justify the proposed supervision strategy, indicating a plan for mitigating each risk factor. Make reference to programs and other interventions, indicating how these will allow the risk to be managed.

Comment on the appropriateness of the employment or education plan, if one exists, and whether it will support reintegration.

If special conditions are required, provide a justification for each one, indicating why it is necessary and how it is linked to the risk of reoffending and will serve to mitigate the risk. Indicate the circumstances under which the condition could be removed and how long the condition may be required.

When day parole to an other location is being considered, determine the curfews and time to be spent at the location; this must be established within the context of the offender’s progress in meeting the objectives of the Correctional Plan.

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 subsection 133(3.1) or 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.

Outline the techniques and strategies for monitoring the offender’s behaviour, including the frequency of contact with the offender. Indicate which collateral contacts will be needed to assist in monitoring the offender’s behaviour as well as extent of contact required.

Specify the kind of evidence that would indicate an escalation in risk and the strategy to mitigate that risk.

For Aboriginal offenders, refer to CD 705-6 - Correctional Planning and Criminal Profile, Annex H, to include culturally appropriate/restorative interventions appropriate to their Aboriginal social history.

Overall Assessment

Based on the information provided above, provide an overall assessment about whether release is warranted.

Annex G
Parole Eligibility Dates

Eligibility Dates

  1. Day parole eligibility dates are normally:
    1. the greater of six months before full parole eligibility date (FPED) or six months from the date of sentence
    2. life minimum: normally three years before FPED*
    3. life maximum: six months before FPED
    4. indeterminate: three years prior to FPED (which is normally seven years).
  2. Full parole eligibility dates are normally:
    1. 1/3 of sentence
    2. judge ordered ½ of sentence
    3. life minimum: first degree murder - 25 years*, second degree murder - 10 to 25 years*
      (Note: As of December 2011, when individuals are convicted of more than one first or second-degree murder, a judge can impose consecutive parole ineligibility periods pursuant to subsection 745.51(1) of the Criminal Code.)
    4. life maximum: seven years
    5. indeterminate: seven years (as of August 1997)
      (Note: For those references to offenders who are serving life/indeterminate the eligibility for Full Parole runs from date of arrest.)
    6. eligibility for judicial review (if applicable): 15 years (except multiple murders).

* These are different if the inmate was under 18 years of age at the time of the offence. Differences also exist depending on when the inmate was sentenced.

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