Ch. 11 - Conditional Release Flashcards

1
Q

What does conditional release refer to?

A

An offender’s release from prison prior to warrant expiry.

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2
Q

When can conditional releases be revoked?

A

If the offender is believed to have the potential to commit crimes.

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3
Q

What is conditional release intended to do?

A

Reduce recidivism by addressing risks and needs.

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4
Q

How does conditional release reduce recidivism?

A

By facilitating the gradual release and reintegration of offenders into the community while they are still being supervised.

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5
Q

What is the public’s opinion on conditional release?

A

They do not often like it.

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6
Q

Sentences set ____ ____, but do not…

A

Time limits for punishment, not how they are served.

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7
Q

What parts do corrections and courts play in the sentences of offenders?

A

Courts determine the sentence, corrections administer them.

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8
Q

Conditional release is thought of as what?

A

A powerful motivator for good behaviour.

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9
Q

What is remission?

A

Time off for good behaviour.

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10
Q

Is remission part of Canada’s federal system?

A

No.

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11
Q

Why does conditional release remain such a controversial issue?

A

Because of misperceptions and misunderstandings with regards to what causes recidivism.

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12
Q

What is the rationale behind conditional release reducing recidivism?

A

People are most likely to reoffend within their first few months of being out of prison, so this is when we want to monitor them.

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13
Q

After 7 years in the community, offenders reoffending rations are similar to what?

A

They are similar to the average citizen’s offence rate.

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14
Q

Longer prison sentences lead to higher or lower recidivism rates?

A

Higher rates of recidivism.

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15
Q

What has the greatest impact on policy changes?

A

Incidents of failure, compared to success rates.

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16
Q

What are the 4 types of conditional release?

A

Temporary absences, work releases, paroles, and statutory releases.

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17
Q

What ar the two types of temporary absences?

A

Escorted and unescorted.

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18
Q

What is an escorted temporary absence?

A

Offenders are released, but are supervised by correctional staff. Normally given upon arrival at an institution.

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19
Q

What is an unescorted temporary absence?

A

Earned, typically available after having served 1/6 of the sentence, or 6 months - whichever is longer.

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20
Q

When are escorted temporary absences given?

A

Potentially for compassionate reasons, for medical reasons, to work on community service projects, etc.

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21
Q

When does the case management process for conditional release begin?

A

Right after sentencing.

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22
Q

What does the case management process entail? (4)

A

Initial assessment and institutional placement, correctional planning and institutional supervision, preparing cases for release decisions, and finally the parole board decision on release.

23
Q

What is entailed in the initial assessment and institution placement?

A

Identification of risks/needs, a decision on what level of institution they are sent to, and development of a correctional plan.

24
Q

What is entailed in the correctional planning and institutional supervision? (5)

A

Initiation of the correctional plan, participation in institutional programs, institutional transfers, institutional releases, ongoing monitoring.

25
Q

What is dialectical behaviour therapy (DBT)?

A

Therapy initially used to treat borderline personality disorder, it’s not used as an intensive live-in 4 month program for women.

26
Q

What does DBT focus on?

A

Practical issues such as aggressiveness and assertiveness, controlling emotions, and an developing an overall mindfulness for their behaviour.

27
Q

What is the main focus of correctional planning and institutional supervision?

A

The move the offender towards better behaviour when they are released.

28
Q

What is involved in preparing cases for release decisions?

A

Preparation of institutional progress reports for their behaviour, and preparation of community assessment.

29
Q

What are the two types of parole?

A

Day parole and full parole.

30
Q

What is day parole?

A

The offender must return to the institution of a halfway house at night.

31
Q

What is full parole?

A

Offenders live in the community

32
Q

When is an offender eligible for full parole?

A

After 1/3 of the sentence has been served.

33
Q

What are parole hearings called by inmates? Why?

A

They are called kangaroo courts because anything goes.

34
Q

How do those who are justice oriented view parole?

A

As soft on crime.

35
Q

What must inmates do to get parole?

A

Apply for it and have a realistic plan for release.

36
Q

What issues must inmates address in their plan for release?

A

The issues of employment, treatment, and residence.

37
Q

What is the most important consideration in the parole decisions?

A

The safety of the public.

38
Q

If there are only minor concerns with an inmate, the parole board will do what?

A

They won’t agree to parole.

39
Q

What role does participation in correctional programs have in parole board decisions?

A

It is generally regarded as favourable, but it is not necessary.

40
Q

What are some problems with correctional programs?

A

They are not always readily available, and may be exploited by inmates.

41
Q

What do parole boards use to make their decision? (4)

A

Pre-sentence reports, institutional reports, criminal record, medical and psychiatric records.

42
Q

Parole boards can only do what?

A

Manage risks.

43
Q

What was the faint hope clause?

A

After an inmate had served 15 years, they could be eligible to apply for a reduction in their parole ineligibility period.

44
Q

What was the success rate for those who used the faint hope clause?

A

80% of those who applied got it.

45
Q

When was the faint hope clause established and abolished?

A

1976 and 2011.

46
Q

What is statutory release?

A

The release of a federal offender after they have served 2/3 of their sentence.

47
Q

What percentage of releases from federal prison does statutory release account for?

A

68%

48
Q

Who is statutory release not given to?

A

Inmates serving life or indeterminate sentences.

49
Q

What is statutory release a result of?

A

The Ouimet committee’s report (1969).

50
Q

How did statutory release evolve?

A

Remission became mandatory supervision, which then became statutory release.

51
Q

What concerns were raised in the Ouimet committee report?

A

About the highest risk inmates being released without any form of supervision.

52
Q

Do provinces/territories also have statutory release?

A

They do have a 2/3 release rule, but it isn’t the same as statutory release.

53
Q

What is the difference between the provincial/territorial 2/3 release and a statutory release?

A

Statutory release is a conditional release, the provincial 2/3 release is absolute.

54
Q

What is the public misperception about statutory release?

A

The public perceives it as an inappropriate privilege conferred upon criminals, but it is actually about protecting the public.