Custody and Supervision Orders

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Custody and Supervision Orders

• deferred custody and supervision order
• regular custody and supervision order
• custody and supervision order for attempted
  murder, manslaughter, or aggravated sexual
  assault
• custody and supervision order for murder
• intensive rehabilitative custody and supervision
  order
• Under the YCJA, every period of custody is to be
  followed by a period of supervision.

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Preamble - Fifth Paragraph

• AND WHEREAS Canadian society should have a youth
  criminal justice system that commands respect,
  takes into account the interests of victims,
  fosters responsibility and ensures accountability
  through meaningful consequences and effective
  rehabilitation and integration, and that reserves
  its most serious intervention for the most
  serious crimes and reduces the over-reliance on
  incarceration for non-violent young persons

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Section 3(1)(a) - Purpose

• S. 3(1) The following principles apply in this
  Act
• (a) the youth criminal justice system is
  intended to
• (i) prevent crime by addressing the
  circumstances underlying a young persons
  offending behaviour,
• (ii) rehabilitate young persons who commit
  offences and reintegrate them into society, and
• (iii) ensure that a young person is subject
  to meaningful consequences for his or her offence
• in order to promote the long-term protection of
  the public

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S. 3(1)(b) - Emphasis

• S. 3(1) The following principles apply in this
  Act
• (b) the criminal justice system for young
  persons must be separate from that of adults and
  emphasize the following
• (i) rehabilitation and reintegration
• (iii) enhanced procedural protection to ensure
  that young persons are treated fairly and that
  their rights, including their right to privacy,
  are protected

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S. 3(1)(c)(ii)

• S. 3(1) The following principles apply in this
  Act
• (c) within the limits of fair and
  proportionate accountability, the measures taken
  against young persons who commit offences should
• (iii) be meaningful for the individual young
  person given his or her needs and level of
  development and, where appropriate, involve the
  parents, the extended family, the community and
  social or other agencies in the young persons
  rehabilitation and reintegration, and

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S.38(1) Purpose of Sentencing

• S. 38(1) The purpose of youth sentences is to
  hold a young person accountable for an offence
  through the imposition of sentences that
• have meaningful consequences for the young
  person, and
• promote his or her rehabilitation and
  reintegration into society
• thereby contributing to the long-term
  protection of society.

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S. 38(2)(a) Principles of Sentencing

• S. 38(2) A youth sentence shall be imposed in
  accordance with the principles set out in S. 3
  and the following principles
• (a) the sentence shall not result in a greater
  punishment than an adult would face for a similar
  offence

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S.38(2)(c) Principles of Sentencing

• S.38(2) A youth sentence shall be imposed in
  accordance with the principles set out in S. 3
  and the following principles
• (c) the sentence must be proportionate to the
  seriousness of the offence and the degree of
  responsibility of the young person for the
  offence

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38(2)(e) Principles of Sentencing

• S. 38(2) A youth sentence shall be imposed in
  accordance with the principles set out in S. 3
  and the following principles
• (e) subject to proportionality, the sentence
  must
• (ii) be the sentence most likely to
  rehabilitate the young person and reintegrate him
  into society, and
• (iii) promote a sense of responsibility in the
  young person and an acknowledgement of the harm
  done to victims and the community.

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S.83(1) Purpose of Custody and Supervision
Orders

• S.83(1) The purpose of custody and supervision
  is to contribute to the protection of society by
• (a) carrying out sentences imposed by the
  courts through the safe, fair and humane custody
  and supervision of young persons and
• (b) assisting young persons to be re-integrated
  into the community by providing effective
  programs while in custody and while under
  supervision.

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S.83(2) Principles of Youth Custody

• S. 83(2) The following principles are to be used
  when a young person is sentenced to custody and
  supervision
• (a) the measures used must be the least
  restrictive consistent with the protection of the
  public, youth workers and young persons
• (b) the rights of the young person must be
  retained
• (c) the system should facilitate the
  involvement of families and members of the
  public
• (d) decisions are to be made in a fair,
  forthright and timely manner and
• (e) the placements of young persons shall not
  disadvantage them with respect to their
  eligibility for and conditions of release.

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S.90(1) Re-Integration Planning

• S.90(1) when a young person enters custody, a
  youth worker shall be assigned to the young
  person to work with him to plan for his
  re-integration into the community

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S.90(2) Role of the Youth Worker

• S.90(2) When a portion of a young persons
  sentence is served in the community, the youth
  worker shall
• supervise the young person
• continue to provide support to the young person
• assist the young person to respect the conditions
  to which he is subject,
• help the young person in the implementation of
  the reintegration plan

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S.91(1)(a) Reintegration Leaves

• S.91(1) The provincial director may authorize,
  for a young person in a youth facility,
• (a) a reintegration leave from the youth custody
  facility for up to 30 days, with or without
  escort,
• - for medical, compassionate or
  humanitarian reasons, or
• - for the purpose of rehabilitating or
  reintegrating the young person into the
  community

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S.91(1)(b) Reintegration Leaves

• S.91(1) The provincial director may authorize,
  for a young person in a youth facility,
• (b) the young person to be released from the
  facility on the days and during the hours the
  provincial director specifies, so that the young
  person may
• (i) attend school or other educational or
  training institution
• (ii) obtain or continue employment or perform
  family duties
• (iii) participate in a program that will enable
  the young person to better carry out employment
  or training or
• (iv) attend an out-patient treatment program or
  other program that provides services to address
  the young persons needs

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S.91(4) Arrest and Return to Custody

• S.91(4) If the provincial director revokes an
  authorization for a reintegration leave or if a
  young person fails to comply with any term or
  condition of a reintegration leave or a release
  from custody under this section, the young person
  may be arrested without warrant and returned to
  custody

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S.85(1) Levels of Custody

• S.85(1) In the youth custody and supervision
  system in each province there must be at least
  two levels of custody for young persons
  distinguished by the degree of restraint of the
  young persons in them.

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S.88 Functions to be Exercised in Accordance
with the YOA

• S.88 The lieutenant governor in council of a
  province may order that the power to make
  determinations of the level of custody and to
  review those determinations be exercised in
  accordance with the provisions of the Young
  Offenders Act, and that the following provisions
  will apply with modifications as required
• (a) definitions of review board and progress
  report
• (b) S.11
• (c) S.24.1 to 24.3 and
• (d) S.28 to 31.

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S.85(5) Factors to be Considered in Determining
Level of Custody

• S.85(5) The factors to be considered in
  determining the level of custody to be served
  are
• (a) that the appropriate level of custody is the
  one that is the least restrictive, having regard
  to
• (i) the seriousness and circumstances of the
  offence
• (ii) the needs and circumstances of the young
  person
• (iii) the safety of other young persons in
  custody and
• (iv) the interests of society
• (b) that the level of custody should allow for
  the best possible match of programs to the young
  persons needs and behaviour and
• (c) the likelihood of escape.

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S.86(1) Procedural Safeguards

• S.86(1) The lieutenant governor in council shall
  ensure that procedures are in place to ensure
  that the due process rights of the young person
  are protected with respect to a determination of
  level of custody, including that the young person
  be
• (a) provided with any relevant information to
  which the provincial director has access in
  making the determination
• (b) given the opportunity to be heard and
• (c) informed of any right to a review under S.87.

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S.97(1) Conditions to be Included in Custody and
Supervision Order

• S.97(1) Every youth sentence imposed under
  S.42(2)(n) shall contain the following
  conditions, that the young person
• (a) keep the peace and be of good behaviour
• )b) report to the provincial director and then
  be under the supervision of the provincial
  director
• (c) inform the provincial director immediately
  on being arrested or questioned by police
• (d) report to the police or other named
  individual as directed
• (e) advise the provincial director of the young
  persons address and any change in address,
  occupation, family or financial situation, and
  any change that might affect the young persons
  ability to comply with the conditions of the
  sentence and
• (f) not own any weapon or ammunition except as
  authorized by the provincial director

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S.97(2) Conditions by Provincial Director

• S.97(2) The provincial director shall, in
  setting additional conditions take into account
• the needs of the young person
• the most effective programs for the young person
  in order to maximize his chances for
  reintegration into the community
• the nature of the offence, and
• the ability of the young person to comply with
  the conditions

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S.102(1) Breach of Conditions

• S.102(1) If the provincial director has
  reasonable grounds to believe that a young person
  has or is about to breach a condition of a
  custody and supervision order under S.42(2)(n),
  he may, in writing
• (a) permit the young person to continue to serve
  a portion of his sentence in the community, on
  the same or different conditions or
• (b) if satisfied that the breach is a serious
  one that increases the risk to public safety,
  order that the young person be remanded to a
  youth custody facility until a review is
  conducted.

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S.103(1) Review by Youth Justice Court

• S.103(1) If the case of a young person is
  referred to the youth justice court under S.108,
  the court shall
• (a)order that the young person continue to serve
  his sentence in the community, on the same or
  different conditions, if the court is not
  satisfied on reasonable grounds that the young
  person has breached or is about to breach a
  condition of the conditional supervision or
• (b) make an order under S.103(2) if the court is
  satisfied on reasonable grounds that the young
  person has breached or is about to breach a
  condition of the supervision in the community.

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S.103(2) Orders on Review

• S.103(2) where the court has reviewed the
  decision of the provincial director to suspend
  the supervision in the community of a young
  person, the court shall order
• (a) that the young person continue to serve the
  remainder of the sentence in the community, and
  may vary the conditions or impose new conditions
  or
• (b) despite the provisions of S.42(2)(n), that
  the young person remain in custody for a period
  not exceeding the remainder of the sentence, if
  the court is satisfied that the breach of
  conditions was serious.

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S.109(4) Factors to be Considered

• S.109(4) In making its decision on a review of a
  cancellation of supervision in the community, the
  court shall consider
• the length of time the young person was subject
  to the order,
• whether the young person has previously
  contravened the order, and
• the nature of the contravention, if any.

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S.97(1) Conditions to be Included in Custody and
Supervision Order

• S.97(1) Every youth sentence imposed under
  S.42(2)(n) shall contain the following
  conditions, that the young person
• (a) keep the peace and be of good behaviour
• )b) report to the provincial director and then
  be under the supervision of the provincial
  director
• (c) inform the provincial director immediately
  on being arrested or questioned by police
• (d) report to the police or other named
  individual as directed
• (e) advise the provincial director of the young
  persons address and any change in address,
  occupation, family or financial situation, and
  any change that might affect the young persons
  ability to comply with the conditions of the
  sentence and
• (f) not own any weapon or ammunition except as
  authorized by the provincial director

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S.105(2)(b) and (h) Additional Conditions for
Order Under S.105(1)

• S.105(2) The youth justice court shall include
  in an order setting conditions for a young
  persons release from custody pursuant to
  S.42(2)(o),(q) or (r), or following a
  continuation of custody, the following
• (b) appear before the youth justice court when
  required to do so
• (h)comply with any reasonable instructions that
  the provincial director considers necessary in
  respect of any of the conditions in order to
  prevent a breach of that condition or to protect
  society.

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S.105(3) Other Conditions

• S.105(3) The youth justice court may include the
  following additional conditions
• (a) on release, travel directly to the young
  persons place of residence or to any other place
  that is noted
• (b) make reasonable efforts to obtain and
  maintain suitable employment
• (c) attend school or any other place of learning
  if the court is satisfied there is a suitable
  program
• (d) reside with a parent or other person the
  court considers appropriate who is willing to
  provide for the care and maintenance of the young
  person
• (e) reside in any place that the provincial
  director may specify
• (f) remain within the territorial jurisdiction
  of named courts
• (g) comply with conditions in the order
• (h) comply with any other conditions that the
  court considers appropriate, including those for
  securing the young persons good conduct and
  preventing him from committing further offences.

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S.106 Suspension of Conditional Supervision

• S.106 If the provincial director has reasonable
  grounds to believe that a young person has
  breached or is about to breach a condition of an
  order made under S.105(1), the provincial
  director may, in writing,
• (a) suspend the conditional supervision, and
• (b) order that the young person be remanded to a
  youth custody facility until a review is
  conducted under S.108 and, if applicable, S.109.

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S.108 Review by Provincial Director

• S.108 The provincial director shall review
  without delay the case of a young person who has
  been remanded in custody or arrested following
  the suspension of conditional supervision, and
  shall, within forty-eight hours,
• cancel the suspension of the conditional
  supervision, or
• refer the case to the youth justice court for a
  review under S.109.

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S.109(1) Review by Youth Justice Court

• S.109(1) If the case of a young person is
  referred to the youth justice court under S.108,
  the court shall
• (a) cancel the suspension of the conditional
  supervision, if the court is not satisfied on
  reasonable grounds that the young person has
  breached or is about to breach a condition of the
  conditional supervision or
• (b) make an order under S.109(2) if the court is
  satisfied on reasonable grounds that the young
  person has breached or is about to breach a
  condition of the conditional supervision.

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S.109(2) Order of the Court

• S.109(2) where the court has reviewed the
  decision of the provincial director to suspend
  the conditional supervision of a young person,
  the court shall order
• (a) the cancellation of the suspension of the
  conditional supervision, with such conditions as
  the court may impose
• (b) the continuation of the suspension of the
  conditional supervision for a period of time not
  to exceed the remainder of the youth sentence the
  young person is then serving or
• (c) in the case of a deferred custody and
  supervision order made under S.42(2)(p), that the
  young person serve the remainder of the order as
  though it were a regular custody and supervision
  order under S.42(2)(n).

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S.109(4) Factors to be Considered

• S.109(4) In making its decision on a review of a
  cancellation of conditional supervision under
  S.109(2), the court shall consider
• the length of time the young person was subject
  to the order,
• whether the young person has previously
  contravened the order, and
• the nature of the contravention, if any.

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S.94(1) Annual Review

• S.94(1) When a young person is committed to
  custody pursuant to a youth custody sentence for
  longer than one year,
• the provincial director shall cause the young
  person to be brought before the youth justice
  court at the end of one year from the date of the
  most recent youth sentence imposed in respect of
  the offence,
• the young person shall be brought before the
  court every subsequent year from that date, and
• the court shall review the youth sentence.

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S.98(1) Application for Continuation of Custody

• S.98(1) before the expiry of the custodial
  portion of a young persons youth sentence,
  application may be made to the youth justice
  court that the young person remain in custody for
  a period not exceeding the remainder of the youth
  sentence

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S.98(3) Decision of the Court

• S.98(3) The youth justice court may order that a
  young person remain in custody for a period not
  exceeding the remainder of the sentence, if it is
  satisfied that there are reasonable grounds to
  believe that
• (a) the young person is likely to commit a
  serious violent offence before the expiry of the
  youth sentence he is serving and
• (b) the conditions that would be imposed on the
  young person is he were to serve a portion of the
  sentence in the community would not be adequate
  to prevent the commission of the offence.

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S.104(1) Continuation of Custody

• S.104(1) When a young person is serving a
  custody sentence under S.42(2)(o),(q), or (r) and
  the provincial director causes the young person
  to be brought before the youth justice court, the
  court may, if it is satisfied that there are
  reasonable grounds to believe the young person is
  likely to commit an offence causing the death of
  or serious bodily harm to another person before
  the expiry of the youth sentence, order that the
  young person remain in custody for a period not
  exceeding the remainder of the youth sentence.

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S.84 Young Person to be Held Apart from Adults

• S.84 A young person who is committed to custody
  shall be held separate and apart from any adult
  who is detained or held in custody.

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S.89(1) Placement When Young Person is Twenty
Years Old

• S.89(1) When a young person is 20 at the time of
  sentencing, he shall be committed to a provincial
  adult facility to serve the youth sentence.

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S.92(1) Transfer to Adult Facility

• S.92(1) After a young person reaches 18, the
  youth justice court may direct that the young
  person serve the remainder of his custody in an
  adult facility.

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S.93(1) When Young Person Reaches Twenty

• S.93(1) When a young person is serving a youth
  sentence in a youth facility, he shall after he
  turns twenty be transferred to a provincial adult
  facility to serve the remainder of the sentence,
  unless the provincial director orders that the
  young person continue to serve the sentence in a
  youth facility.

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S.93(2) Youth Sentence to be Served in
Penitentiary

• S.93(2) If a young person is serving a portion
  of a youth sentence in an adult facility
  following reaching 20 years of age, the youth
  justice court may authorize the provincial
  director to direct that the young person serve
  the remainder of the youth sentence in a
  penitentiary, if the court considers it to be in
  the best interests of the young person or in the
  public interest, and if at the time of the
  application the remainder is two years or more.

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Placement for Adult Sentences

• S.76(1) a young person subject to an adult
  sentence shall be placed in
• (a) a youth custody facility
• (b) an adult provincial facility or
• (c) a penitentiary when the sentence is two
  years or more.
• S76(2)(a) if the young person is under 18 at the
  time of sentencing, he shall be placed in a youth
  facility
• S.76(2)(b) if a young person is over 18 at the
  time of sentencing, he shall be placed in an
  adult facility.