CRIM 131 Lecture Notes - Lecture 11: Penology, Complete Control, Halfway House
6 Jun 2018
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Department
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Professor
Lecture 11: Release and Reentry Monday 9th April
Chapter 12: Release and Reentry
• Federal offender will likely apply to conditional release- leaving a correctional institution
before warrant expiry whereby and offender is subject to conditions that, if breached, can
trigger revocation
• Different to probation as it is a sentence in itself
• Provincial/ territorial prisoners serve shorter sentences so they do not qualify for conditional
release
• Gradual release as the system tries not to isolate offenders completely
Cold turkey release- release of prisoner at end of sentence with no conditional release. This is
without supervision until their warrant expiry data
○release with no conditions or supervision
Provincial Inmates: considered at ⅔ of their sentence. They might be given a
probable discharge date or release date with remission
Federal Inmates: Only in Warrant Expiry Date (WED), not released early without
conditions
• Premise of conditional release is that likelihood of recidivism is reduced because offender is
reintegrated back into the community under supervision
•This is not a right, but a privilege
Correction and Conditional Release Act (CCRA)
Purpose of Conditional Release:
○Maintenance of just, peaceful, safe society
○Facilitation of rehabilitation and reintegration, and promoting community interaction
• Based on principles of societal protection
• Consider all available info and consider the ‘least restrictive option’ alternative
The Purpose and Principle of Conditional Release
• Contribute to maintenance of a just, peaceful, and safe society
Parole Board of Canada can grant parole to an offender:
1. offender will not present undue risk by reoffending
2. release contributes to protection of society by facilitating the reintegration of offender
Release Options for Federal and Provincial and Territorial Inmates
Release can occur:
1. parole eligibility date (day parole or full parole)
2. statutory release date (approx. at ⅔ of the sentence)
3. warrant expiry date
• Options depend on the length of sentence and the type of institution of the offender
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One-chance statutory release- for federal offenders. Release option that if offenders violate the
conditions of their release they are forced to serve the remainder of their sentence imprisoned
The Parole Process
• Staff in correctional institutions develop a release plan
• Parole Board on Canada (PBC) oversees this except for Quebec and Ontario (have
provincial boards)
Release plan- plan setting out the residential, educational, and treatment arrangements made
for an inmate who is applying for conditional release
Housing
Employment
Support in the community
○Provincial and territorial facilities: inmate liaison officers, parole coordinators, or
conditional release coordinator
○Federal institutions: case management officers and institutional parole officers
• Plan must be approved by parole officers in offender community
Community assessment- evaluation of the feasibility of the release plan, the level of supervision
required, and the availability of community resources
plan feasibility (can it be executed in the
community the individual will be released in)
resources (tend to be limited in many areas)
Supplemental information:
Background reports (supplementary information of the offender)
Release options for Federal and Provincial/Territorial Inmates
• Pre-release planning is an important part of inmate’s plan as it looks at managing the risk
posed by the offender and, ideally, provide access to programs and services in the
community
Temporary abscences
Allows inmate to participate in community
activities while deciding in a minimum-security
facility or halfway house
escorted
unescorted
Day Parole
Opportunity for inmate to prepare for full
release while returning at night to the institution
(either prison or community residence). Give
people time outside of the facility to establish
their life— looking for jobs, housing, etc.
Full Parole
Inmate to be under supervision in the
community for the remainder of their sentence
Statutory Release (federal offenders only)
Allows incarcerated federal offenders to be
released ⅔ in their sentences and serve
remainder in the community
AKA probable discharge date
state looses jurisdiction over you (complete
control to complete freedom)
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• Failure to plan hinders successful reintegration
• Federal inmates have greater access for pre-release assistance
○tend to be released in gradual stages
Probation VS Parole
Changing face of conditional release
• Conditional release being used less than previous years
• Reflective of shift towards more punitive penology
Parole Board Grant Rate
• Rates for granting parole decreasing
• Could be explained by punitive shift
• Concerns with risk management
• Negative publicity surrounding high-visibility crimes committed by offenders can after
board’s discretion
• Many provincial and territorial offenders do not apply for parole
Victims and Conditional Release
• Role of victims is sporadic
• Submission of victim statements to parole boards
• Attendance at hearings is rare
• Overall victims might be unaware of how the parole process works or may have other
difficulties
• Reasons for limited victim involvement vary greatly
National Victim program: provides information to the victim of the movement and release of
their perpetrator
Probation
Parole
• sentence in itself, ordered by a judge
• 3 years is the maximum it can be set
• can follow parole (2 years less a day)
• if you go against conditions this is
considered a breach
• PBC
• if parole is violated, it is revoked
• only for prison inmates
• length dependent on sentence and
release timing
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Document Summary
Cold turkey release- release of prisoner at end of sentence with no conditional release. This is without supervision until their warrant expiry data release with no conditions or supervision: premise of conditional release is that likelihood of recidivism is reduced because offender is. Provincial inmates: considered at of their sentence. They might be given a probable discharge date or release date with remission. Federal inmates: only in warrant expiry date (wed), not released early without conditions reintegrated back into the community under supervision: this is not a right, but a privilege. Facilitation of rehabilitation and reintegration, and promoting community interaction: based on principles of societal protection, consider all available info and consider the least restrictive option" alternative. The purpose and principle of conditional release: contribute to maintenance of a just, peaceful, and safe society. Parole board of canada can grant parole to an offender: offender will not present undue risk by reoffending.
