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J - SOC 327 Lecture (2/2) > Chapter 11: Conditional Release in Canada > Flashcards

Chapter 11: Conditional Release in Canada Flashcards

1
Q

What is a conditional release?

A

Refers to an offender’s release from prison prior to warrant expiry.

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2
Q

Are those serving life and indeterminate sentences given a warrant expiry?

A

No.

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3
Q

In cases of those serving life and indeterminate sentences, supervision continues until…

A

Death.

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4
Q

Conditional releases require certain conditions to be met. What are examples of some of these conditions?

A

Attending treatment, remaining gainfully employed, abstaining from alcohol, meeting with a parole officer.

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5
Q

Can conditional release conditions be changed?

A

Yes.

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6
Q

When can conditional release conditions be revoked?

A

At any time, even based on suspicion.

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7
Q

When can conditional release conditions be revoked?

A

At any time, even based on suspicion.

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8
Q

How does conditional release try to reduce recidivism?

A

By addressing risks and needs.

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9
Q

Why is a gradual release preferable?

A

You don’t want to have someone in prison and then just open the doors and say “good luck.” You want supervision as they transition into the community.

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10
Q

Does a 10 year sentence mean a 10 years behind bars?

A

No, while sentences set limits for punishment, it does not say how much will be served behind bars or in the community.

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11
Q

___ determine the sentence and ___ administers the sentence.

A

Courts, corrections.

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12
Q

Conditional release serves as a powerful ___.

A

Motivator.

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13
Q

What is remission?

A

Time off for good behaviour.

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14
Q

With good behaviour, inmates can reduce their sentence by up to ___.

A

1/3.

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15
Q

Remission operates at the ___ level, but at the federal level, it has been replaced by ___ and ___.

A

Provincial, parole and statutory release.

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16
Q

Remission operates at the ___ level, but at the federal level, it has been replaced by ___ and ___.

A

Provincial, parole and statutory release.

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17
Q

Conditional release is highly controversial based on misperceptions and misunderstandings about ___ ___ and ___.

A

Public safety, recidivism.

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18
Q

When is the time that offenders are most prone to recidivism?

A

The first few months after release.

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19
Q

The risk of recidivism drops considerably over the course of the…

A

First year.

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20
Q

The risk of recidivism drops considerably over the course of the…

A

First year.

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21
Q

By 7 years, the likelihood of recidivism is about the same as…

A

The likelihood that someone who has not committed a crime before committing a crime.

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22
Q

Incidents of ___ have a greater impact on policy than do ___ rates.

A

Failure, success.

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23
Q

What are the 4 types of conditional release?

A
  1. Temporary absences.
  2. Wok release.
  3. Parole.
  4. Statutory release.
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24
Q

What are the two types of temporary absences?

A

Escorted and unescorted.

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25
Q

What are some reasons to get an escorted temporary absence?

A

Can be to get medical treatment in community, compassionate grounds to attend a family member’s funeral, to work on community service projects.

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26
Q

UTA’s have to be ___.

A

Earned.

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27
Q

How long to you have serve to be considered for a UTA?

A

Typically have to serve 1/6 (or six months) of their sentence first, whichever is longer of those two periods.

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28
Q

UTA’s are not available to…

A

Maximum-security offenders or dangerous offenders.

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29
Q

For those serving life sentences, you can apply for UTA’s _ years before they are eligible for parole.

A

3.

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30
Q

Who decides to grant UTA’s?

A

The institution itself (not the parole board).

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31
Q

What is work release?

A

Allows offenders to be in the community during the day to work, and return to the institution in the evening.

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32
Q

Parole and statutory release are for ___ offenders.

A

Federal.

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33
Q

What are the 5 stages in the case management process?

A
  1. Initial assessment and institutional placement.
  2. Correctional planning and institutional supervision.
  3. Preparing cases for release decisions.
  4. Parole board decision and release.
  5. Community supervision.
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34
Q

What is involved in the initial assessment and institutional placement of the case management process?

A

Identification of risks and needs using the RNR model and development of a correctional plan. What institution an offender is going to.

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35
Q

What is the case management process?

A

What has to happen leading up to a conditional release.

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36
Q

When does the case management process start?

A

From the day the offender is sentenced.

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37
Q

What is involved in the correctional planning and institutional supervision stage of the case management process?

A

The correctional plan is initiated, there is participation in institutional programs, institutional transfers, institutional releases, and ongoing monitoring.

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38
Q

What is involved in the correctional planning and institutional supervision stage of the case management process?

A

The correctional plan is initiated, there is participation in institutional programs, institutional transfers, institutional releases, and ongoing monitoring.

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39
Q

What is GED?

A

Getting a basic education.

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40
Q

What is the most effective form of treatment?

A

Cognitive treatment.

41
Q

How does cognitive treatment operate?

A

If you change the way they think, you change behaviours.

42
Q

What is DBT?

A

Dialectical Behaviour Therapy, initially used to treat borderline personality disorder, but is now used extensively in women’s institutions.

43
Q

What occurs during a DBT treatment process?

A

Women who participate in this live in a house together for 4 months, and work on practical issues such as assertiveness vs. aggressiveness or regulating emotions.

44
Q

What is the key behind DBT?

A

Developing mindfulness.

45
Q

DBT is an example of a treatment that targets ___ in hopes of changing ___.

A

Cognition, behaviours.

46
Q

What is involved in the preparing cases for release decisions stage of the case management process?

A

Preparation of institutional progress reports and preparation of community assessment. .

47
Q

What is a community assessment?

A

Focused on determining if the release plan is feasible with respect to resources and supervision.

48
Q

What is the difference between parole and conditional release?

A

Conditional releases are the decision of the institutions, but parole is based on the decision of the parole board. Statutory release is different from both of these.

49
Q

What does day parole eligibility depend on?

A

Sentence length– the offender must return to the institution of a halfway house at night.

50
Q

What does full parole eligibility depend on?

A

After 1/3 of the sentence have been served, offenders live in the community.

51
Q

The decision to grant parole is based on the decision of either the ___ for federal offenders, or ___ ___ ___ for provincial offenders.

A

PBC, provincial parole boards.

52
Q

How does the public perceive parole?

A

Negatively. Parole boards can make mistakes, and there are cases where the public has successfully sued.

53
Q

Public sees parole as ___ ___ ___.

A

Soft on crime.

54
Q

Inmates see parole hearings as ___ ___, where…

A

Kangaroo courts, parole hearings are arbitrary and anything goes.

55
Q

What can parole boards ask inmates?

A

Anything they want. There is no due process.

56
Q

Do inmates always show their true intentions in parole court?

A

No, they learn the jargon and know what to say, but this does not always reflect change on the inside.

57
Q

Do inmates always show their true intentions in parole court?

A

No, they learn the jargon and know what to say, but this does not always reflect change on the inside.

58
Q

Parole is either a…

A

Stick that you beat them with, or a carrot that you dangle in front of them.

59
Q

Are inmates handed parole, or is it by application?

A

Inmates must apply.

60
Q

___ must develop a realistic plan for the inmates’ release.

A

Inmates.

61
Q

What are 3 key points that must be included in a realistic plan for release?

A
  1. Employment.
  2. Treatment.
  3. Residence.
62
Q

What is the #1 priority for parole boards?

A

The protection of society.

63
Q

It is common for inmates’ releases to be delayed due to…

A

A lack of programming.

64
Q

What is wrong with the fact that some inmates are not able to attend the treatment that they need?

A

It can exacerbate stress, frustration, and mental health issues, which makes it less likely they will be released.

65
Q

How can inmates take advantage of programming?

A

There is no commitment to change, and can take programming just to get the checkmark.

66
Q

Why are inmates hesitant to apply for parole?

A
  • They may not have community support.

- Community supervision is considered onerous.

67
Q

What do parole boards use in parole decisions?

A

Pre-sentence reports, institution records, criminal record, medical and psychiatric records, and reports from victims.

68
Q

Parole decisions are based on ___, as they do not know what the inmate would do in the future.

A

Speculation.

69
Q

Parole decisions comes down to identifying and managing ___.

A

Risks.

70
Q

People are quick to point out parole board ___, but never mention ___.

A

Failures, successes.

71
Q

What is the faint hope clause?

A

Introduced in 1976, applied to those who were convicted of very serious crimes and were sentences to life.

72
Q

When someone serves a life sentence, it normally takes them ___ years to be eligible for parole.

A

25.

73
Q

When someone serves a life sentence, it normally takes them 25 years to be eligible for parole. However, under the faint hope clause, they could apply after ___ years.

A

15.

74
Q

What gave the faint hope clause its name?

A

Chances of success are virtually none.

75
Q

When was the faint hope clause thrown out?

A

March 2011.

76
Q

Of those who apply for the faint hope clause, __% are successful; however, only about __% who are eligible apply.

A

80, 20.

77
Q

Of those who apply for the faint hope clause, __% are successful; however, only about __% who are eligible apply.

A

80, 20.

78
Q

What does the faint hope clause grant?

A

Does not guarantee an automatic parole hearing, but allows them to apply for a parole hearing.

79
Q

When applying a faint hope clause, a ___ is assembled, and a ___ is also present.

A

Jury, prosecutor.

80
Q

What is judicial determination?

A

Allows the judge to determine that the offender must serve half their sentence before being eligible for parole (instead of 1/3).

81
Q

Who is statutory release available to?

A

Only federal offenders.

82
Q

Statutory release relates to the release of inmates after having served ___ of their sentence.

A

2/3.

83
Q

Most federal offenders are released from federal institutions in this way (68%).

A

Statutory release.

84
Q

Does statutory release apply to life or indeterminate sentences?

A

No.

85
Q

If people serving life or indeterminate sentences are not eligible for statutory release, how can they get out?

A

Parole.

86
Q

What did statutory release come as a result of?

A

The Ouimet Committee’s Report in 1969.

87
Q

What were concerns raised in the Ouimet report?

A

Highest risk inmates being released without any form of supervision.

88
Q

What was recommended under the Ouimet report?

A

A system under which almost everyone would be released under some form of supervision under remission.

89
Q

Remission was replaced with mandatory supervision, which was later changed to ___ ___.

A

Statutory release.

90
Q

Remission still exists for ___ offenders.

A

Provincial.

91
Q

Remission and the early release of provincial offenders is not a conditional release, but rather is a ___ ___ release.

A

Cold turkey.

92
Q

Whose decision is a statutory release?

A

Not the parole board’s decision– it is an automatic release.

93
Q

The CSC can recommend that an offender is denied statutory release. How often does this occur?

A

Very rarely.

94
Q

What is the recommendation rate for statutory release to be denied?

A

Less than 5%.

95
Q

What is the denial of statutory release called?

A

Detention during the period of statutory release.

96
Q

What is the detention during the period of statutory release?

A

Denial of statutory release.

97
Q

Who can waive the rights for statutory release?

A

Inmates.

98
Q

Recidivism rates are higher for those on ___ ___ than on ___, as those who get the latter must work for it.

A

Statutory release, parole.

99
Q

The public takes a dim view of statutory release, but the reality is that a cold turkey release results in more ___.

A

Recidivism.

J - SOC 327 Lecture (2/2) (13 decks)

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