Pre-Release Case Preparation For Provincial/Territorial Offenders and Federal Offenders Incarcerated in Provincial/Territorial Facilities
- Corrections and Conditional Release Act (CCRA), sections 3.1, 4, 115(1)(a.1), 119(1)(d), 119(1.2), 133 and 134.1
- Corrections and Conditional Release Regulations (CCRR)
- To provide direction on the completion of pre-release case preparation for provincial/territorial offenders and federal offenders incarcerated in provincial/territorial facilities
Applies to staff who are responsible for the completion of case preparation for provincial/territorial offenders and federal offenders incarcerated in provincial/territorial facilities
District Director will ensure:
- offenders released on parole, statutory release or a long-term supervision order receive a certificate of release
- relevant information regarding the release and supervision of the offender is relayed to the police.
Area Director will ensure:
- a process is in place with provincial/territorial institutions for notification of parole applications
- administrative procedures are in place to support the completion of all tasks associated with this policy.
Parole Officer Supervisor will ensure:
- the case is assigned to a Parole Officer
- case management issues related to safety and security are identified and actioned.
Parole Officer will:
- process offender applications and legislated reviews for conditional release within the timeframes prescribed
- ensure that all information relevant to decision making is shared with the offender pursuant to CD 701 – Information Sharing
- ensure that information is provided to the Victim Services Unit pursuant to CD 784 – Victim Engagement.
- if there is a victim notification required flag, request victim information from the Victim Services Unit, including victim statements pursuant to subsections 133(3.1) and 134.1(2.1) of the CCRA
- 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.
Eligibility Dates and Authority
- Provincial/territorial offenders serving a sentence
of six months or more are eligible
- day parole after serving one half of the portion of the sentence that must be served before the full parole eligibility date pursuant to paragraph 119(1)(d) of the CCRA
- full parole normally after serving one third of their aggregate sentence.
- A provincial/territorial offender granted full parole will be supervised until the warrant expiry date.
- Young persons serving a determinate adult sentence are eligible for unescorted temporary absences and parole within the same timeframes as adult offenders.
- Young persons serving a life sentence are eligible for unescorted temporary absences and day parole after the expiration of all but one fifth of the period of imprisonment that must be served before full parole eligibility pursuant to subsection 746.1(3) of the Criminal Code. If an additional determinate sentence is imposed, eligibility dates may be affected pursuant to paragraph 115(1)(a.1) and section 119(1.2) of the CCRA.
- The authority for temporary absences for young persons incarcerated in a provincial/territorial facility rests with the Director of the facility except for offenders serving a life sentence.
- For offenders serving a life sentence, Parole Board of Canada (PBC) approval is required for escorted temporary absences prior to the day parole eligibility date, unless the purpose of the absence is for medical or judicial reasons pursuant to paragraph 746.1(3)(c) of the Criminal Code.
General Pre-Release Preparation, Information Collection and Assessment Process
- The parole office where the offender applied for parole will normally be responsible for the case preparation. This applies if the offender is transferred to a different provincial/territorial correctional centre, unless a transfer in responsibility is mutually agreed upon by the closest parole/area office. A case conference between the Parole Officers will occur upon the transfer of responsibilities.
- Case preparation for federal offenders who have been placed in a penitentiary but are temporarily at a provincial/territorial facility (e.g. outstanding charges) will occur pursuant to CD 712-1 – Pre-Release Decision-Making.
- Part 1 of the CCRA does not apply to young persons in a provincial/territorial facility. The Preliminary Assessment and Post-Sentence Community Assessment will not be completed. The information gathering process will commence upon application for parole or for a legislated PBC review.
Parole Officer will:
- advise the provincial/territorial offender of the timeframes involved in case preparation in relation to his/her earned release date
- request the offender's admission sheet with the calculated earned release dates, from the appropriate provincial/territorial authority and forward a copy to PBC
- request relevant official information other than what is available from the courts if required (Consent for Disclosure of Personal Information)
- ensure the Case Documentation Checklist is initiated and/or updated
- request archived files
- verify outstanding charges, appeals or immigration status
- verify self-reported information as well as offender engagement from provincial/territorial counterparts who are familiar with the offender
- assess the male offender against the Family Violence Risk Assessment criteria
- request additional assessments/reports as required
- advise the Security Intelligence Officer of offenders with gang affiliations, suspected to be a member of a criminal organization, or affiliated with other security threat groups pursuant to CD 568-3 – Identification and Management of Security Threat Groups
- assess whether the offender meets the criteria of high profile pursuant to CD 701 – Information Sharing
- collaborate with the Elder/Aboriginal representative.
Section 84 Releases
- If the offender is interested in release planning pursuant to section 84 of the CCRA, refer to CD 712-1 – Pre-Release Decision-Making.
Pre-Release Case-Preparation Reports
Criminal Profile Report and Correctional Plan
- The Parole
Officer will complete a Criminal
a Correctional Plan as
outlined in Annex B and
- within 45 days of receipt of an application, or
- four months prior to a legislated review.
Correctional Plan will be
completed as provided
in Annex C. The following key ratings will be assessed
(using the direction
for Compressed Offender Intake Assessment), pursuant
705-6 – Correctional Planning and Criminal
- level of intervention on static factors
- level of intervention on dynamic factors
- reintegration potential
Long-Term Supervision Order Offenders
- If the offender is subject to a long-term supervision order, the Parole Officer will complete case preparation four months prior to the earned release date.
Community Strategy and Assessment for Decision
- The Parole Officer will consult with the receiving parole office if necessary, to ensure the release plan, that is consistent with the Correctional Plan, can be accommodated.
- The Parole Officer will request a combined Community Strategy/Assessment for Decision for all cases except for those provincial/territorial cases requesting a release to Ontario or Quebec as those are the provinces with provincial boards.
- The combined Community Strategy/Assessment for Decision report will be completed as outlined in Annex D.
- In the case of dual destinations, the Parole Officer will direct the Community Strategy to the area parole office responsible for supervising the longer release period that the Parole Officer is supporting and request a Community Assessment from the other destination.
- Prior to release
and, if applicable, during the development of the Community Strategy, the Parole
Officer will consult with
the Security Intelligence Officer if there are
staff safety considerations or if the offender
is subject to any of the following
- a long-term supervision order with or without a residency condition
- gang/criminal organization/security threat group affiliations
- intensive supervision practice.
- The Community Strategy/Assessment for Decision will be completed within 40 days. Exceptions require approval from the Parole Officer Supervisor and will be limited to those cases where information from another destination is required.
Update to the Assessment for Decision or Addendum
- Upon receipt of new information which would change the recommendation, the Parole Officer will normally complete a new Assessment for Decision. If the new information does not change the recommendation, an addendum will be completed.
- 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".
- 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.
- If there is a significant change to a release plan approved by the PBC prior to release, the Parole Officer will submit an Assessment for Decision, recommending "Change Conditions".
- 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 to the special condition must consider any concerns from every victim who provided statements.
- Section 55 of the CCRA, which gives CSC the authority to demand that an offender submit to urinalysis, does not apply to provincial/territorial offenders, unless they have been transferred to a penitentiary.
- If the Parole Officer is recommending a special condition to abstain from the use of drugs and/or alcohol, the Parole Officer must also include an additional special condition, as follows: "To submit to urinalysis on demand, at regular intervals or where the parole supervisor has reasonable grounds to suspect that the condition not to consume alcohol/drugs has been breached".
Postponement/Withdrawal of Application for Day or Full Parole
- An offender may withdraw or request a postponement of a day parole or full parole review using the Withdrawal form (PBC/CLCC 0086) or Postponement form (PBC/CLCC 0087).
- An offender may not withdraw an application for day parole or full parole within 14 days before the beginning of the review, unless the withdrawal is necessary and it was not possible to withdraw it earlier due to circumstances beyond their control.
Parole Board of Canada Reviews – Provincial/Territorial Offenders
- Normally, a provincial/territorial offender's application for day or full parole review will be completed through a file review by the PBC. The PBC can decide to panel a hearing when, in their opinion, a hearing is required.
- Following a
decision by the PBC to
grant a conditional
release, the Parole Officer
- verify whether there are outstanding warrants on CPIC
- contact the provincial/territorial authority to confirm the date of the release, travel details where applicable, reporting instructions and any concerns related to the release
- contact the receiving parole office to advise of the pending release and confirm bed space as required
- advise the supervising office where there is evidence of suicide risk (i.e. prior attempts, current ideation or current plan)
- complete the pre-release conference as referenced in CD 712-4 – Release Process
- if possible and appropriate, interview the offender prior to release to discuss his/her immediate needs and/or concerns, release conditions, supervision expectations, their responsibility of meeting court-ordered obligations and consequences of non-compliance
- 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)
- ensure that a release certificate is prepared pursuant to CD 712-4 – Release Process.
Application to Transfer Parole Jurisdictions
- When a provincial/territorial offender who has been granted day or full parole by the PBC is interested in a transfer to a jurisdiction where a provincial parole board has decision-making authority for provincial/territorial offenders, the Parole Officer will contact the regional PBC office to obtain an application form for the offender. The Transfer Procedures of Parole Jurisdiction Agreement identified in Annex E will be followed.
Original Signed by:
ANNEX A - CROSS-REFERENCES AND DEFINITIONS
- CD 568-3 – Identification and Management of Security Threat Groups
- CD 700 – Correctional Interventions
- CD 701 – Information Sharing
- CD 702 – Aboriginal Offenders
- CD 703 – Sentence Management
- CD 704 – International Transfers
- CD 705-1 – Preliminary Assessments and Post-Sentence Community Assessments
- CD 705-6 – Correctional Planning and Criminal Profile
- CD 712-1 – Pre-Release Decision-Making
- CD 712-3 – Parole Board of Canada Reviews
- CD 712-4 – Release Process
- CD 715 – Community Supervision Framework
- CD 715-1 – Community Supervision
- CD 715-2 – Post-Release Decision Process
- CD 715-3 – Community Assessments
- CD 719 – Long-Term Supervision Orders
- CD 726 – Correctional Programs
- CD 784 – Victim Engagement
Earned release date: the earliest possible date an offender may be released from custody taking into account all earned remission. Note: Pursuant to subsection 6(1) of the Prisons and Reformatories Act, prisoners earn remission through good behaviour. Every sentenced prisoner may be credited with 15 days remission for each month served. Earned remission is applicable only to provincial/territorial offenders. The provincial/territorial correctional institution will advise the offender of his/her earned release dates.
Postponement: a voluntary written request from an offender to delay his/her parole review or hearing at any time before it begins.
Provincial/territorial offender: an offender serving a non-intermittent sentence of two years less a day and under in a provincial/territorial correctional 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 or the continuing impact of the commission of the offence on the victim – including any safety concerns – or commenting on the possible release of the offender, including any requests for non-association and/or geographic restriction conditions. The statement will be considered in the pre- release decision-making process for consideration to impose conditions to protect the victim.
Withdrawal: a voluntary written request from an offender advising the Parole Board of Canada that he/she no longer wishes his/her application to be considered.
Young person: a person who is or, in the absence of evidence to the contrary, appears to be twelve years old or older, but less than eighteen years old and, if the context requires, includes any person who is charged under the Youth Criminal Justice Act with having committed an offence while he/she was a young person or who is found guilty of an offence under this Act.
ANNEX B - CRIMINAL PROFILE REPORT FOR PROVINCIAL/TERRITORIAL OFFENDERS – REPORT OUTLINE
Name, age, citizenship, sentence length, offences, court sanctions, court orders, outstanding charges including source and details. If the offender discloses information about outstanding charge(s), provide a summary of the charges with the details incorporated under the Criminal History section below.
If confirmed that no outstanding charges exists, make a statement to that effect.
Official Version of Index Offence(s)
Concise official version of index offence(s) based on official documentation.
For multiple offences that were committed in a similar manner, do not describe the details of each individual offence but summarize pattern.
Note the following:
Reference source document(s) and include:
- date and place of offence(s)
- how the offence was perpetrated (who, what, where, when, how and why)
- offender's role in the offence
- nature and gravity of the offence and the degree of responsibility of the offender, including the degree of violence and the use of any weapons
- name, role and status of accomplices, co-accused and/or co-convicted
- date of arrest and level of cooperation by the offender with authorities following arrest
- whether or not the offender's version is consistent with the official version
- whether the offence(s) and/or conviction(s) received extensive publicity
- information concerning the offender's performance if released on bail
- sentencing judge's comments and/or recommendations.
Offender's Version – Current Offences
Provide a description of the offences self-reported by the offender including elements such as: violence, weapon(s) used, victim information (who, relationship), factors leading up to the decision to commit, and motive for the offence(s), the part the offender played in the offence, the name, role and status of accomplices, the offender's attitude towards the offence and the level of remorse, etc.
Assessment of Harm and Victim Impact
Provide a summary of Victim Impact Statement(s) and description of physical and/or psychological harm to actual or peripheral victim (if applicable).
Analysis of Criminal Behaviour
Reference source document(s) and include a brief analysis of criminal behaviour, and include as applicable:
- a concise summary of the offender's juvenile, young offender, and adult criminal history
- brief details of serious schedule I and II offences
- number of offences causing physical or psychological harm
- use of a weapon
- explicit threats of violence
- behaviour of a sexual nature associated with any offence
- the number of serious drug related offences
- impact on victim(s)
- patterns of convictions
- escalation in offence severity
- information on crime free periods
- organized crime connections and/or gang affiliations
- terrorism related convictions.
Institutional/Escape History/Community Supervision (make a synopsis of three sections of current crime)
A brief synopsis of young offender and adult offender institutional adjustment, escapes or attempted escapes (including UALs) and community supervision or breach of trust history.
Include the most recent institutional adjustment, behaviour and attitude while at the remand unit and during the current sentence.
If applicable, provide a summary analysis of the results of the Family Violence Risk Assessment.
Analysis of the Offence Cycle
An analysis of the offence cycle is based on the overall pattern of criminal behaviour, not only the current offence. All factors that lead to criminal behaviour(s) must be examined, including the offender's understanding of the behaviour, a description of the events or situations that lead to the commission of any offence.
- crisis situations (personal, financial problems, emotional loss, family, social)
- substance abuse (consumption with disinhibiting effect on thinking or emotions, exacerbated aggressiveness, crime used to support consumption)
- peer pressure (threats, provocation, incitement, seeking approval, association, debts)
- potential victims (victims are accessible, vulnerable)
- potential means (organization, information, weapons and accomplices)
- emotional states (frustration, aggressiveness, loss, negative feelings, mental health needs)
- cognitive processes (perceptions, interpretations, distortion, images, and errors in thought processes)
- adaptation processes (projection, denial, rationalization, and introjection)
- actions and motives (behaviour, impulsivity, etc.).
For Aboriginal offenders, incorporate a description of their Aboriginal social history that may include the following factors and/or other factors that impacted the offender's criminal history as a result of the historical treatment of Aboriginal people:
- effects of residential school system (offender as survivor or intergenerational effects from family's historical experiences)
- sixties scoop
- family or community history of suicide
- family or community history of substance abuse
- family or community history of victimization
- family or community fragmentation
- level of connectivity with family/community
- level or lack of formal education
- experience in child welfare system
- experience with poverty
- loss of or struggle with cultural/spiritual identity.
ANNEX C - CORRECTIONAL PLAN – REPORT OUTLINE
Include the offender's age, length of sentence, current offence(s), court imposed orders, outstanding charges or appeals, immigration, deportation or extradition status. Identify the offender's level of participation in the Plan.
Static Factors Assessment Rating – Low, Medium or High
Provide a brief analysis of the offender's criminal history and level of intervention based on static factors.
Dynamic Factors Assessment Rating – Low, Medium or High
Provide a brief summary of all seven dynamic factor domains incorporating supplementary assessments and prioritizing areas of need. Identify those domains that are considered contributing factors to the offender's criminality.
For contributing factor(s) and areas of need, identify the program(s) and/or intervention(s) required to manage risk upon conditional release and what are the expected objectives and gains in measurable, positive goal statements.
Under personal/emotional orientation domain related to the offender's needs, include psychological, psychiatric, and mental health information.
If applicable, incorporate healing components through consultation with the Elder or Aboriginal Liaison Officer and referencing the Elder Review. Indicate the offender's understanding in relation to the four aspects of traditional healing, and how this may mitigate and assist in the management of risk.
Integrating the Aboriginal Continuum of Care, identify the Elder-supported short and long-term traditional goals.
Under the employment domain include an initial education, vocational employment plan that will address the offender's needs and identify the expectations for future community employment.
Indicate whether the offender has appropriate identification, such as social insurance number, birth certificate, and health coverage, and if not, outline the offender's plan for acquiring needed identification.
Accountability Rating – Low, Moderate or High
Provide a brief analysis considering the following:
- level of acceptance of responsibility for his/her criminal behaviour
- level of remorse and victim empathy
- institutional adjustment and/or behaviour under community supervision
- conduct that demonstrates respect for other persons and property
- communication to his/her Parole Officer of his/her willingness to engage in his/her Correctional Plan
- active participation in setting and achieving the objectives of his/her Correctional Plan
- an understanding of his/her offence cycle
- an understanding and commitment to his/her relapse prevention
- the meeting of court-ordered obligations.
The overall rating of offender accountability is obtained by the following:
Low – Offender rejects responsibility for his/her actions and fails to recognize his/her problems. Does not disclose emotional states, display guilt or victim empathy with evidence indicating a high level of denial and cognitive distortions.
Moderate – Offender may not fully accept responsibility for his/her actions but recognizes some of his/her problems. Displays some guilt and victim empathy with some evidence of denial and cognitive distortions.
High – Offender accepts responsibility for his/her actions and recognizes his/her problems. Willing to self-disclose, displays guilt and victim empathy with evidence indicating a low level of cognitive distortions.
Motivation Rating – Low, Medium or High
Provide a brief analysis considering the following:
- recognition that a problem exists with lifestyle, behaviour and resulting consequences
- level of comfort with problem and its impact on the offender's life
- level of feeling of personal responsibility for the problem(s)
- willingness to change, i.e. expression of wish to change, or of intention to fully participate in Correctional Plan
- possession of skills, knowledge required to effect change in behaviour, i.e., is ready to change
- level of external support from family, friends or other community members
- the offender's past history related to demonstrating change.
The overall rating of offender motivation is obtained by the following:
Low – Offender strongly rejects the need for change.
Medium – Offender may not fully accept overall assessment but will participate in recommended programs or other interventions.
High – Offender is self-motivated and is actively addressing his/her problem areas.
Responsivity Factor – Yes or No
If responsivity factor(s) exists, provide a brief analysis. When determining whether the offender's responsivity is affected, consider the following:
- language barriers interfere with learning, work or intervention
- basic reading and/or writing skills problematic
- concentration problems are evident
- displays chronic antisociality
- may have a learning disability
- low self-esteem
- intellectually disabled
- may have other issues that would interfere with programming
- suicide attempts/self-harm history
- grief and loss
- has unique cultural communication style
- expresses interest in strengthening culture
- any other factor.
Engagement Rating – Yes or No
Provide a brief analysis of the offender's engagement to:
- actively participate in their Correctional Plan
- be free of criminal and gang activity while under sentence
- display conduct that demonstrates respect
- obey supervision requirements.
In order to be engaged there must be a rating of either moderate or high in both accountability and motivation.
Reintegration Potential Rating – High, Medium or Low
Provide an assessment and clear rationale for the reintegration potential rating based on an analysis of the following (as applicable):
- any available actuarial information
- level of intervention based on static factors
- level of intervention based on dynamic factors
- current security level
- level of motivation.
The overall rating of reintegration potential is obtained by the following:
Offenders with high reintegration potential should not normally require formal correctional interventions. If required, these interventions should preferably be provided in the community. Other correctional interventions, services and work placements (including employability skills development) may be used, as well as any other risk management strategies, other than programs, in both institutions and the community.
Offenders with medium reintegration potential should require institutional correctional interventions based on the dynamic factors and the offender's level of risk and need(s).These interventions can also be provided in the community during the period of day parole or unescorted temporary absence program for personal development prior to full parole release.
Offenders with low reintegration potential require institutional correctional interventions based on the dynamic factors and the offender's level of risk and need(s). Other risk management strategies are to be provided in institutions prior to release, and continued in the community as required.
Psychological/Psychiatric/Mental Health Information (if applicable)
Include a brief analysis of psychological, psychiatric, or mental health information on risk, risk management strategies, and intervention recommendations.
Analysis of Current Request
If release is being considered, the inmate's release plan is summarized, including the following:
- the outstanding risk factors requiring intervention in a community setting
- 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 CCRA section 84 agreement
- specifics of the proposed release plan, including destination (and, if applicable, whether section 84 of the CCRA applies and any resulting agreement with the offender's home community or alternately another Aboriginal community that engages in section 84 with the offender), employment, accommodation, and family support
- offender's current financial situation, if relevant to risk
- victim considerations, including possible restrictions on travel, requests from victims for non- association conditions, sentencing judge's comments.
ANNEX D - ASSESSMENT FOR DECISION REPORT GUIDE – OVERALL ASSESSMENT
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.
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 has he/she been engaged in the correctional planning process? How does the offender demonstrate his/her understanding of his/her 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 his/her 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 his/her Aboriginal social history has impacted his/her 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.
If the offender is Aboriginal and following a traditional path, how is the offender working with the Elder? Engaging in ceremony? How has the offender responded positively to the direction of the Elder? Of the Aboriginal Liaison Officer?
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 following a traditional path, how did programs and interventions take account of the offender's culture and background, including Elder involvement and interest in CCRA section 81 or 84 options?
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 and 84 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 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.
ANNEX E - TRANSFER PROCEDURES OF PAROLE JURISDICTION AGREEMENT
- Upon receipt of an application of an offender for a transfer pursuant to the Transfer of Parole Jurisdiction Agreement, the Releasing Board shall transmit a copy thereof to the Receiving Board and to the Releasing Service.
- Upon receipt of the offender's application pursuant to paragraph 1, the Releasing Service shall forthwith request a Community Assessment from the field or branch office of the Receiving Service which would be responsible for the supervision of the offender in the intended territory of residence.
request for the Community Assessment shall contain
the following information in writing:
- the full name, the date of birth and the fingerprint system number of the offender
- the name of the institution where the offender is incarcerated or of the office of the Releasing Service which exercises supervision over the offender and a copy of the release certificate, where applicable
- the nature of the offence, the length of the sentence of imprisonment, the date on which the sentence began, the parole eligibility dates and the date on which parole is to expire
- the offender's previous criminal record, or a synthesis of it
- a description of the offender's proposed employment, training or education, and the name, address and telephone number of the employer and of the institutions where the training or education is to take place
- the address and telephone number of the offender's proposed residence, the names of persons living in that residence and their relationship, if any, with the offender
- the names, addresses and telephone numbers of community resource persons and their relationship, if any, with the offender
- a brief summary of the offender's behaviour in the institution and/or an assessment of the offender's performance under community supervision, including previous performance in the community while under supervision
- the nature of any medical or psychological concerns and any relevant supporting documentation that may be available regarding the offender
- any other pertinent information affecting the offender's release or transfer plans including the proposed transfer date, financial circumstances, the parole hearing date, where applicable, and outstanding probation orders and/or criminal charges.
- (1) Once completed by
the field or branch office of the Receiving Service, the Community Assessment report shall be forwarded
as soon as possible to the Receiving Board and to the Releasing Service which
requested it; such report shall include
the following information:
- an evaluative summary of the offender's proposed release or transfer plans
- addresses and telephone numbers of the field or branch office of the Receiving Board, the Receiving Service and of the local police detachment
- the name of the offender's parole supervisor if the transfer is authorized
- any other relevant information or material.
- Before the Releasing Board authorizes the transfer of the offender, it shall seek approval of it from the Receiving Board and discuss the matter of release conditions that would be imposed upon the offender by the Receiving Board.
- Where the Receiving Board has approved the offender's transfer, it shall inform the offender of the conditions of parole before the offender is effectively transferred to its jurisdiction.
- (1) The
Releasing Service shall provide
the Receiving Service
with the following information:
- the effective date of the offender's transfer
- the mode of transportation to be used by the offender
- a copy of the offender's travel permit issued by the Releasing Board
- a copy of the Releasing Service's file on the offender
- a true copy of the Warrant of Committal
- a copy of the Application and Acknowledgement of Transfer signed by the offender
- any other relevant information or material.
- A release certificate shall be issued to the offender by the Receiving Board or by the Receiving Service.
- Unless otherwise provided, the offender shall bear all transportation costs to the territory of destination. The Receiving Service shall bear the costs of the Community Assessment report as well as all costs incurred following the actual arrival of the offender to the territory of destination and which are inherent to the supervision, detention and review of the case of the offender.
For more information
- Government-wide Forward Regulatory Plans
- The Cabinet Directive on Regulatory
- The Federal regulatory management
- The Canada–United States Regulatory Cooperation Council
To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians websites.
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