Midterm 3 Flashcards
Def. 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 on type of conditional release.
Def. warrant expiry date
The end of an offender’s sentence.
Conditional Release: federal vs provincial/territorial
Federal: more likely to apply for a conditional release since their sentences are longer.
Provincial/territorial: since inmates are serving such short sentences they do not qualify for conditional release; many of those who do waive their right to a hearing are released outright without any supervision until their warrant expiry date.
True or False
The majority of offenders confined in institutions are ultimately released back into the community?
True
View of conditional release: inmates and public
Inmates: many offenders view conditional release as being set up to fail and a form of custody without walls
Public: the public has little confidence and trust in the criminal justice system due in part to media reports; they do not trust conditional release
True or False
Release on parole is a statutory right?
False, it is a privilege; even if any inmate can apply for parole when they are eligible, there are no guarantees of a positive outcome.
True or False
The premise of conditional release programs is to reduce recidivism with a supervised reintegration in the community?
True
Def. day parole
The authority granted by a parole board that provides an opportunity for inmates to be at large in order to prepare for full release while returning at night to an institution or a community residential facility unless otherwise authorized by the PBC or a provincial parole board.
eg: job search
Def. full parole
The authority granted by a parole board for an inmate to be at large under supervision in the community for the remainder of their sentence.
Usually follows successful completion of day parole, where available
Parolee must report to a parole supervisor on a regular basis and abide by conditions.
Def. statutory release
A type of conditional release made by the CSC that allows incarcerated federal offenders to be released at the 2/3 point in their sentence and to serve the remaining 1/3 under supervision in the community
When can an offender be released from custody?
- the parole eligibility date, for either day parole or full parole;
- the statutory release date, generally at 2/3 of the sentence;
- the warrant expiry date, which is the end of the sentence imposed by the court
What can change the specific condition of release?
The length of the sentence and whether the inmate is under the supervision of federal or provincial/territorial corrections
Temporary absences: Federal
Usually the first type of release granted; escorted or unescorted; for medical, family, employment, or education purposes
Temporary absences eligibility: Federal
Escorted: anytime
Unescorted: varies with length and type of sentence;
°maximum-security inmates not eligible
°sentences of three years or more: may apply after serving one-sixth
of sentence
°sentences of two to three years: may apply six months into the sentence
°life sentences: may apply three years before full parole eligibility date.
Temporary absences: Provincial or Territorial
Most common type of release
Temporary absences eligibility: Provincial or Territorial
Varies
In some jurisdictions, inmates can apply immediately; others require a waiting period; and may require
electronic monitoring (EM).
Day parole eligibility: Federal
°Sentences of two years or more; inmate can apply six months
prior to full parole eligibility date or six months, whichever is great
°Inmates serving life sentences eligible to apply three years before parole eligibility date
Full parole eligibility: Federal
°After serving 1/3 of sentence (except for offenders serving life sentences for murder)
°After 25 years if serving a
life sentence for first-degree murder
°Between 10 and 25 years
(set by judge at sentencing) for offenders serving life sentences
for second-degree murder.
Day parole eligibility: Provincial or Territorial
°Day parole is not an option for provincial inmates in
Ontario and Quebec.
°Provincia/territorial inmates
serving sentences of six months or more in remaining jurisdictions are eligible for day parole after 1/2 of the portion of the sentence that
must be served before full parole eligibility.
Full parole eligibility: Provincial or Territorial
°In Ontario, inmates sentenced to less than six months may apply for full parole at any time
°Those receiving sentences of longer than six months must serve one-third of their sentence before being eligible
°In other jurisdictions, inmates are eligible after serving 1/3 of their sentence.
Statutory release: Federal
Mandatory conditional release of federal offenders by law; not a decision of the PBC.
For offenders who have not applied for, or not been granted, parole.
Offenders serve the remainder
of their sentence under the supervision of parole officers and
must abide by conditions.
Statutory release: Provincial or Territorial
Not available for provincial/territorial inmates who
may serve their entire sentence in custody, minus remission that is earned at a rate of one day for
every two days served and allows for discharge from the institution.
Statutory release eligibility: Federal
By law, for most federal offenders after serving two-thirds of their sentence (if not released on parole);
Offenders serving life
or indeterminate sentences not eligible
Correctional Service
Canada (CSC) may recommend that an offender be denied
statutory release if it believes the offender is likely to:
(a) commit an offence causing death or serious harm to another person
(b) commit a sexual offence against a child
(c) commit a serious
drug offence before the end of the sentence.
Statutory release eligibility: Provincial or Territorial
Not applicable to provincial/territorial inmates
Def. one-chance statutory release
A release option whereby offenders who violate the conditions are required to serve the remainder of their sentence in confinement.
Only available for Federal offenders. They are generally high-risk.
Def. remission/discharge
Available to provincial inmates who have served 2/3 of their sentence.
Detention during the period of statutory release
A decision by the Parole Board of Canada, after an application by CSC that a federal inmate be detained in the institution until warrant expiry date.
Sentencing milestones for federal offenders with fixed sentenced
Who perform release plan for provincial/territorial and federal institutions?
Provincial/Territorial: inmate liaison officer, parole coordinator, or conditional release coordinator
Federal: case management officer and institutional parole officer
Def. release plan
A plan setting out the residential, educational, and treatment arrangements made for an inmate who is applying for conditional release
eg: where the parolee will live, employment prospects, and any arrangement for community-based support
True or False
The release plan must be vetted by the probation or parole officers in the community into which the offender will be release?
True
Def. community assessment
An evaluation of the feasibility of the release plan, the level of supervision required, and the availability of community
resources.
eg: proposed residence, employment, treatment plan, family and other support networks in the community, the offender’s acceptance of responsibility for the offending behavior, special conditions from the parole board, informations supplied by the victim
True or False
Parole board members only need to use the information contained in either the release plan or the community assessment but not both?
False
Parole board members use the information contained both in the release plan and the community assessment to determine whether an inmate should be granted a conditional release and, if so, the special conditions that should be attached to it.
True or False
An offender who presents little risk of reoffending would typically have a favourable background and no previous criminal convictions. whereas offenders who present a high risk must demonstrate that they have taken steps to address those aspects of their lives that
would increase the likelihood of reoffending?
True
True or False
Parole board members do not have a lot of discretion when it comes to granting or denying parole?
False
The general nature of the conditional release provisions gives parole board members a
considerable amount of discretion in deciding whether to grant or deny parole.
True or False
Pre-release planning is more popular in provincial/territorial institutions than in federals?
False
Despite its importance in the correctional process, pre-release planning is often minimal in provincial/territorial institutions. A
small sample N( = 12) of provincial inmates in Nova Scotia, some of whom had also served federal time, indicated that there was no pre-release planning, no information
provided on support services in the community, and they were not generally aware of the assistance that was available to them.
Federal inmates, who are incarcerated for longer periods compared to their provincial or territorial counterparts, have greater access to pre-released assistance. These inmates tend to be released in gradual stages, beginning with escorted or unescorted temporary absences.
What are the goals of pre-release planning?
Pre-release planning is an important part of the inmate’s correctional plan and is
directed toward managing the risk posed by offenders and, ideally, providing access to
programs and services in the community.
True or False
Pre-release plannings are more present for people with mental illness which makes their reintegration easier into the community?
False
There may also be a lack of pre-release planning for inmates with particular challenges, such as mental illness. This hinders
successful reintegration into the community upon release.
True or False
Long-term studies have shown that offenders who are gradually
released from prison on conditional release are more likely to become law-abiding citizens than those offenders who stay in prison until the end of their sentence?
True
Def. temporary absence
A type of conditional release that allows an inmate to participate in community activities, including employment and education, while residing in a minimum-security facility or halfway house.
True/False
The percentage of provincial/
territorial and federal offenders released on day and full parole increased beginning
in 2013 to 2014, after several years of decline?
True
What is the % of day parole and full parole grants for provincial/territorial and federal
Day parole: prov: 57%
fed: 71%
Full parole: prov: 32%
fed: 30%
Disparities of grant rate between sexes and ethnicity
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 than their non-Indigenous counterparts, including Blacks, and have the lowest federal and provincial full parole grant rates
Asian offenders have the highest federal and provincial full parole grant rates
Indigenous offenders are more likely to be released on statutory release than other types of release, and are more likely than non-Indigenous offenders to be released on statutory release.
Women offenders have higher federal and provincial parole grant rates than male
offenders.
True/False
The majority of inmates in provincial/territorial institution do not apply for parole?
True
They serve out their sentences in custody. Under statutory release, these inmates are eligible to be released after serving two-thirds of their time in custody. In contrast
to federal offenders, provincial/territorial inmates on statutory release are not supervised by parole officers. For these inmates, the parole board must often decide whether to release an offender on parole who may present a risk, and with a plan that is not optimal, or to have the inmate serve until the statutory date and then leave custody with
no supervision or plan.
% of federal conditional release population
3.8% Long-term supervision
15.2% Day parole
40.2% Statutory release
40.4% Full parole
% of federal conditional release by ethnicity
65.3% white
16.6% indigenous
8.1% black
6% asian
4% other
True/False
There are nearly as many offenders on statutory release as are on full parole?
True
This reflects both the decline in the full parole grant rate and the increasing levels of risk posed by federal offenders who are incarcerated and who may be less likely to receive parole
True/False
For crime victims and their families, the parole hearing is the first public forum since the court where they have an opportunity to speak to the impact of the crime and to
confront the offender?
True
What section gives victims rights with respect to conditional release?
Under section 142 of the CCRA, 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.
Why is it rare for victims of crime to participate in the conditional release process like sending an impact statement or appearing to parole board hearings?
The institution where the parole hearing is held may be a considerable distance from the victim’s home, or the victim may not have access to a victim support person.
Most victims have little knowledge of the parole process and how hearings are conducted.
The decision of the board is forward-looking and predictive; and
the focus is on whether the offender, if released, will re-offend. So, it is not a retrial of the case.
It can also be very intimidating for the victim to sit in a parole hearing room with the offender present and to speak candidly about the offender’s potential release.
The victim may fear reprisals when the offender is released.
What are the rights of victims in the Canadian Victim Bill of Rights?
Authorities are required 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, with the exception of the provincial parole board in Quebec, and to submit a victim impact statement, either in
person at the hearing, or via audio or video, or a written statement
True/False
Most crime victims are harassed or threatened by offenders on conditional release?
False
However, some victims are at great risk. It is in these cases that victim notification is most crucial, for both officially sanctioned releases and unauthorized absences
from community supervision.