Part 10 Flashcards
two reasons for leaving custody
- warrant expiry
- conditional realease
warrant expiry
end of an inmate’s sentence
conditional release
- leaving before warrant expiry
- federal inmates typically request a conditional release
- provincial/territorial inmates typically have shorter sentences so may receive this as a condition
purpose of CCRA
- oversees eligibility criterias
- outlines conditions of release
- offender cannot put forward any undo risk before the expiry of their sentence (½ considerations)
- release of this offender will make them a law abiding citizen that contributes to the safety and well-being of the community
types of conditions release
- temporary absence
- day parole
- full parole
- statutory release
temporary absence
- escorted or unescorted absence for medical, family, wok or educational reasons
- most common form of release at the prov./terr. level
day parole
- preps offenders for full release
- participation in community activities
- offender returns nightly to institution or half-way house
full parole
- apply for parole if eligible and if granted the reminder of your sentence is served in the community with supervision
- must report to parole officer in a regular basis and comply with conditions
statutory release
- only at federal level, but is a right held by offenders
- if ⅔ of a sentence has been served and parole has been denied, they should be eligible for a statutory release
- one chance at stat. release
- must serve remainder of sentence in the community under supervision by a PO
eligibility for day parole
- federal: apply 6 months prior to parole or 6 months into their sentence
- life sentence: can apply 3 years before parole eligibility (because life sentences are typically longer in length)
- provincial/Territorial: not an option in Quebec/Ontario; other jurisdictions - 6 months or after 1/3 sentence served
eligibility for full parole
- federal: can apply after serving 1/3 of sentence
- if you are serving a 1st degree murder sentence you can apply after 25 years and between 10-25 years for second degree murder
- p/t: less than 6 months can apply anytime and those serving 6+ months can apply after 1/3 of sentence served
eligibility for statutory release
- federal: can apply after serving 2/3 sentence for most; serving life or a indeterminate sentence not eligible
- p/t: not applicable
CSC can deny stat. release under these circumstances
- serving life or indeterminant not eligible
- if the offender if likely to commit and offense causing serious harm or death
- if an offender is likely to commit a sexual offense a child
- if an offender is likely to commit a serious drug offense before warrant expiry
release plans
- residential
- employment/educational prospects
- treatment arrangements for conditional release
- release plans must be vetted by PO that may take this client
community assessments
- conducted by probation/parole officers to evaluate the release plan
- level of supervision requirements in the community
- availability of community resources and can the community support it
- recommendations for special considerations to best predict your success
pre-release plans and roles of correctional staff
- risk assessment and management of risk
- the amount of risk an offender carries with them
- risk of reoffending (reoffending will typically occur within 2 years)
victims role in parole decisions
- first time after courts the victim can be involved and receive information
- request for information under the CCRA (Corrections and Conditional Release Act)
- victims can choose to participate in the process
parole grant disparities
- black inmates
- indigenous offenders
- women vs. men
- p/t vs. federal
parole board decision-making
- oversight by 2 PB members
- PB consider multiple documents in inmates file
- PB members address release plan and suitability for release
- PB members can as inmate any question
- decide risk level not manageable or parole granted with decisions
issues with parole release
- lack of diversity
- considering the background of individuals
- political influence on PB
- absence of guidelines for release criteria
- lack of knowledge on process for inmates/intimidating process
- PB can ask inmate literally anything
- applying over and over
reintegration
a process where offenders are prepped for and released from custodial institution and return to the community
goal of reintegration
preventing reoffending
throughcare
continuation of programs that start in custody into the community
pains of re-entry
- difficulties experienced by offenders transitioning from prison to life in the community
- e.g. personal, economic and social difficulties
challenges faced by released offenders
- social
- economic
- personal challenges
- lack of education or job skills
- finding suitable housing
- absence of family support
- poverty
- post incarceration symptoms
- substance issues
domains of needs in re-entry
- attitudes
- community functioning
- employment
- family
- personal and emotional
- associates
- substance abuse issues
challenges for women
reestablishing contact with children and regaining custody
challenges for indigenous offenders
- lack of community supports
- may not apply for conditional release
challenges for high risk offenders
monitored often by police
challenges for offenders living with mental health issues
- CSC is slow to address challenges
- cycle of reoffending and reincarceration
challenges of sex offenders
- often high-profile or publicized cases
- additional control and monitoring
- community notifications
- stigmatization
challenges of state-raised offenders
- no stake in the community
- little experience living on the outside
parole officers
- maintain contact with parole officers
- dual function of parole officers: resource, mitigate pains of re-entry AND monitoring, enforcing conditions
- ensure services are in place post custody
factors to help reintegration
- supportive family/friends
- stable housing and employment
- participation in programs
- change in attitudes
failure to abide by conditions results in
- may suspend parole for violating conditions or extend for committing a new offence
- remain in custody