Chapter 12 - Release, Re-entry, & Reintegration Flashcards
conditional release
A generic term for the various means of leaving a correctional institution before warrant expiry whereby an offender is subject to conditions that, if breached, could trigger revocation of the release and return to prison
- Parole is one type of conditional release
- majority of offenders confined in correctional institutions are ultimately released back into the community
- Federal offenders are more likely to apply for a conditional release since their sentences are longer
- Provincial/territorial inmates are released outright without any supervision until their warrant expiry date
purpose of conditional release
contribute to the maintenance of a just, peaceful and safe society by means of decisions on the timing and conditions of release that will best help the rehabilitation of offenders and their reintegration into the community
when can parole be granted?
1) the offender will not, by reoffending, present an undue risk to society before the expiration, according to law, of the sentence the offender is serving; and
2) the release of the offender will contribute to the protection of society by facilitating the reintegration of the offender into society as a law-abiding citizen
3 release options
can occur at 1 of 3 points in a sentence:
1) The parole eligibility date, for either day parole or full parole
2) The statutory release date, which generally occurs at the two-thirds point in a sentence
3) The warrant expiry date, which marks the end of the sentence imposed by the court
day parole
Prepares offender for release on full parole by allowing participation in community-based activities; offender must return regularly (typically every night) to an institution or halfway house. Eligible to apply before full parole if sentence is two years or more
full parole
Provides an opportunity for offenders to serve remainder of the sentence under supervision in the community. Must report to a parole supervisor on a regular basis and abide by conditions. Most eligible after serving one-third of sentence
the parole process
- The staff in correctional institutions participate in the parole process by helping inmates to develop a release plan
- The plan sets out the residential, educational, and treatment arrangements made for an inmate who is applying for conditional release
- A key component of the release plan is the community assessment: an evaluation of the feasibility of the release plan, the level of supervision required, and the availability of community resources
parole board grant rates
- Black federal inmates are less successful in their application for day parole and have a much lower grant rate for provincial full parole
- Indigenous offenders serve a higher proportion of their sentences prior to day or full parole release and have the lowest federal and provincial full parole grant rates
- Asian offenders have the highest federal and provincial full parole grant rates
- Women offenders have higher federal and provincial parole grant rates than male offenders
victims and conditional release
victims can request a variety of types of information, including:
- the offender’s eligibility dates for conditional release, including temporary absences;
- hearing dates for conditional release;
- the offender’s destination upon release; and
- if the offender is transferred from a federal institution to a provincial or territorial institution, the name and location of that facility
The Canadian Victims Bill of Rights also requires authorities to inform crime victims of any hearings related to the conditional release of an offender and any conditions that are attached to a conditional release
- Victims also have the right to attend parole hearings but this doesn’t happen often
- They may also submit a victim impact statement, either in person at the hearing, or via audio or video, or a written statement
who is present in a parole hearing?
- usually presided over by two board members;
- generally held in the institution where the inmate is being held;
- in federal parole hearings, the inmate-applicant is accompanied by his or her case manager;
- the parole board is an administrative tribunal and not a court of law; and
- federal Indigenous offenders may have an Elder or cultural advisor present at the hearing
documents included in parole hearings
- police reports
- official record of convictions
- classification reports
- institutional staff reports
- correctional plan progress report
- victim impact statements
- pre-sentence reports
- letters of support
- community assessment
the reintegration process
- Reintegration is a process, not an event
- It is the process whereby an inmate is prepared for and released into the community after serving time in prison
- Many newly released offenders are left to their own devices to adapt and survive
- The goal of reintegration is to avoid recidivism in the short term
pains of re-entry
- Pains of re-entry: The difficulties that inmates released from prison encounter as they try to adjust to life in the community
- Life on the outside is everything prison is not: unpredictable, fast-paced, and filled with choices.
- It can be even more difficult for long-term offenders who have had little opportunity to become familiar with changes that have occurred in the community
- Ex-offenders can apply for a record suspension (pardon). This requires a wait time of 5 years for summary offences and 10 for indictable offences
- Securing employment, stable housing, and education have been found to be critical for the successful reintegration of offenders
post-incarceration syndrome (PICs)
A mental health condition of offenders in custody and in the community that is caused by prolonged exposure to the dynamics of life inside correctional institutions
indigenous offenders and reintegration
Indigenous offenders serve a higher proportion of their sentence before being released on parole
- seriousness of the crimes they have committed
- lack of community supports available to them
- rural and remote communities
- limited access to Indigenous-specific treatment programs
