CRM 304: Canadian Criminal Justice

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CRM 304 Canadian Criminal Justice

• Week 12
• Release and Reintegration

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This week

• Key terms
• Philosophy of release reintegration
• Conditional release (parole)
• Legislation and Institutions
• Release and Recidivism
• Critiques of parole and parole boards

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Key Terms

• Release
• Offenders leave prison
• Statutory Release
• Obligatory release when sentence is completed
• Parole
• Conditional release before end of sentence
• Reintegration
• Reintegrate offender back into society

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Conditional Release/Parole

• Inmates are released before sentence is
  completed
• Decision made by a parole board
• Different types of parole options
• Eligible for full parole after 1/3 sentence
  served
• Many inmates are eventually paroled
• Cheaper than incarceration
• Different than probation

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Release/Reintegration Plan

• Developed by Parole Board with correctional
  officials (begins soon after incarceration)
• Specifies
• Rehabilitation/reintegration potential of inmate
• Individualized risk management strategy
• Interventions and monitoring
• Where inmate will live
• Employment prospects
• Prohibited activities
• Required activities

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Parole Reintegration Principles

• Only most serious offenders should be
  incarcerated
• Alternative sanctions should be maximized
• Should help promote rehabilitation/pro-social
  behaviour
• Maintain connections to family and the community
• Over-riding concerns impact on offender and
  society

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Corrections and Conditional Release Act

• Purpose of conditional release
• Maintain a just, peaceful, and safe society
• Implementation
• Safe, humane custody, supervision of inmates
• Rehabilitation and reintegration of offenders
• Transparency
• Disclosure of information to offenders, victims
  and the National Parole Board
• Risk Assessment
• Includes general criteria against which inmates
  are assessed to decide parole

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National Parole Board

• Established in 1958
• Makes parole decisions for federal offences and
  in provinces other than Ontario, Quebec, B.C.
• Board members are appointed by Prime Minister
• Country divided into 5 regions
• Board members travel to institutions to hear
  testimony from inmates
• Usually two board members preside
• Parole board members have risk assessment
  training

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Conditional Release Options

• Temporary absence
• Medical treatment, compassionate (death, birth)
  counseling, decision made by prison official
• Day parole
• Short periods, prepare for full parole, or for
  school, work
• Eligibility starts 6 months before full parole
• Full parole
• Apply after 1/3 of sentence is completed
• Statutory release
• 2/3 of sentence expired, may be denied by parole
  board
• Some may never get early released
• Dangerous offenders, sex offenders, those certain
  to re-offend

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Parole Factors to Consider

• Criminal record
• Current offence
• Time served (relative to offence)
• Behaviour while incarcerated
• Inmates insight/perceptions of own behaviour
• Involvement in treatment and training programs
• Rehabilitated? Re-offend?

• Mental and emotional outlook
• Other personal factors
• Previous parole violations
• Plans for employment and training
• Objections of victims and community
• Social support in the community

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Due Process

• 1978 Parole Act
• Hearing
• Disclosure of information
• Reasons for denial
• 1992 CCRA
• Right to appeal decision based on fundamental
  justice, special needs, error, etc.
• Federal and provincial judicial review.

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Parole Hearings

• 2000-2001
• About 40 of federal and provincial applicants
  received full parole
• Females are more likely to get parole
• Releases are declining in Ontario, BC, Quebec
• 120,000 under community sanction
• http//www.cbc.ca/prison/parolehearing.html

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Recidivism

• Type of release
• Day parole has low recidivism
• Mandatory supervision has higher recidivism
• Majority who get in trouble do so within 12
  months
• Mental health problems
• More technical violations
• Fewer new offences
• Recidivism based on type of crime
• Homicide low. Sex offence high.

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Faint Hope Clause

• Section 745 of Criminal Code
• Allows lifers to apply for a judicial review of
  sentence after 15 years
• Process
• Inmate first applies to a judge
• if approved trial
• If successful, applies to National Parole Board
• Denial may be appealed to the Supreme Court

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Parole Application (Faint Hope) Process

• Case Study Colin Thatcher
• Timeline
• http//www.cbc.ca/news/indepth/facts/thatcher_coli
  n.html
• Oct. 18, 2000 Thatcher asks for Faint Hope
• http//www.cbc.ca/stories/2000/10/17/canada/thatch
  er001017
• Oct. 1 2003 Thatcher still denies murdering his
  ex-wife
• http//www.cbc.ca/stories/2003/10/01/canada/thatch
  er031001
• Oct. 8 2003 Jury decides Thatcher can apply for
  early parole.

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Olsen Amendment

• Passed in 1996 in reaction to the case of
  Clifford Olsen.
• Murderers with multiple victims may not apply
  under the faint hope clause.
• Early release requires unanimous jury
• Example Paul Bernardo

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Parole Under Attack

• Some believed community sanctions were too soft
• Others argued that they avoided due process
• American states began to remove parole
• Canadian Sentencing Commission recommended
  abolition of parole (1987)
• http//ottawa.cbc.ca/regional/servlet/View?filenam
  emurderer20030313

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Criticisms of Parole Boards

• Board members are appointed political patronage
• Board members dont have expertise
• Legislation provides only general criteria for
  release
• Board members are not accountable for their
  decisions