Chapter 11: Conditional Release in Canada

Question 1

What is a conditional release?

Answer 1

Refers to an offender’s release from prison prior to warrant expiry.

Question 2

Are those serving life and indeterminate sentences given a warrant expiry?

Answer 2

No.

Question 3

In cases of those serving life and indeterminate sentences, supervision continues until…

Answer 3

Death.

Question 4

Conditional releases require certain conditions to be met. What are examples of some of these conditions?

Answer 4

Attending treatment, remaining gainfully employed, abstaining from alcohol, meeting with a parole officer.

Question 5

Can conditional release conditions be changed?

Answer 5

Yes.

Question 6

When can conditional release conditions be revoked?

Answer 6

At any time, even based on suspicion.

Question 7

When can conditional release conditions be revoked?

Answer 7

At any time, even based on suspicion.

Question 8

How does conditional release try to reduce recidivism?

Answer 8

By addressing risks and needs.

Question 9

Why is a gradual release preferable?

Answer 9

You don’t want to have someone in prison and then just open the doors and say “good luck.” You want supervision as they transition into the community.

Question 10

Does a 10 year sentence mean a 10 years behind bars?

Answer 10

No, while sentences set limits for punishment, it does not say how much will be served behind bars or in the community.

Question 11

___ determine the sentence and ___ administers the sentence.

Answer 11

Courts, corrections.

Question 12

Conditional release serves as a powerful ___.

Answer 12

Motivator.

Question 13

What is remission?

Answer 13

Time off for good behaviour.

Question 14

With good behaviour, inmates can reduce their sentence by up to ___.

Answer 14

1/3.

Question 15

Remission operates at the ___ level, but at the federal level, it has been replaced by ___ and ___.

Answer 15

Provincial, parole and statutory release.

Question 16

Remission operates at the ___ level, but at the federal level, it has been replaced by ___ and ___.

Answer 16

Provincial, parole and statutory release.

Question 17

Conditional release is highly controversial based on misperceptions and misunderstandings about ___ ___ and ___.

Answer 17

Public safety, recidivism.

Question 18

When is the time that offenders are most prone to recidivism?

Answer 18

The first few months after release.

Question 19

The risk of recidivism drops considerably over the course of the…

Answer 19

First year.

Question 20

The risk of recidivism drops considerably over the course of the…

Answer 20

First year.

Question 21

By 7 years, the likelihood of recidivism is about the same as…

Answer 21

The likelihood that someone who has not committed a crime before committing a crime.

Question 22

Incidents of ___ have a greater impact on policy than do ___ rates.

Answer 22

Failure, success.

Question 23

What are the 4 types of conditional release?

Answer 23

1. Temporary absences.
2. Wok release.
3. Parole.
4. Statutory release.

Question 24

What are the two types of temporary absences?

Answer 24

Escorted and unescorted.

Question 25

What are some reasons to get an escorted temporary absence?

Answer 25

Can be to get medical treatment in community, compassionate grounds to attend a family member’s funeral, to work on community service projects.

Question 26

UTA's have to be ___.

Answer 26

Earned.

Question 27

How long to you have serve to be considered for a UTA?

Answer 27

Typically have to serve 1/6 (or six months) of their sentence first, whichever is longer of those two periods.

Question 28

UTA's are not available to...

Answer 28

Maximum-security offenders or dangerous offenders.

Question 29

For those serving life sentences, you can apply for UTA's _ years before they are eligible for parole.

Answer 29

3.

Question 30

Who decides to grant UTA's?

Answer 30

The institution itself (not the parole board).

Question 31

What is work release?

Answer 31

Allows offenders to be in the community during the day to work, and return to the institution in the evening.

Question 32

Parole and statutory release are for ___ offenders.

Answer 32

Federal.

Question 33

What are the 5 stages in the case management process?

Answer 33

1. Initial assessment and institutional placement. 2. Correctional planning and institutional supervision. 3. Preparing cases for release decisions. 4. Parole board decision and release. 5. Community supervision.

Question 34

What is involved in the initial assessment and institutional placement of the case management process?

Answer 34

Identification of risks and needs using the RNR model and development of a correctional plan. What institution an offender is going to.

Question 35

What is the case management process?

Answer 35

What has to happen leading up to a conditional release.

Question 36

When does the case management process start?

Answer 36

From the day the offender is sentenced.

Question 37

What is involved in the correctional planning and institutional supervision stage of the case management process?

Answer 37

The correctional plan is initiated, there is participation in institutional programs, institutional transfers, institutional releases, and ongoing monitoring.

Question 38

What is involved in the correctional planning and institutional supervision stage of the case management process?

Answer 38

The correctional plan is initiated, there is participation in institutional programs, institutional transfers, institutional releases, and ongoing monitoring.

Question 39

What is GED?

Answer 39

Getting a basic education.

Question 40

What is the most effective form of treatment?

Answer 40

Cognitive treatment.

Question 41

How does cognitive treatment operate?

Answer 41

If you change the way they think, you change behaviours.

Question 42

What is DBT?

Answer 42

Dialectical Behaviour Therapy, initially used to treat borderline personality disorder, but is now used extensively in women's institutions.

Question 43

What occurs during a DBT treatment process?

Answer 43

Women who participate in this live in a house together for 4 months, and work on practical issues such as assertiveness vs. aggressiveness or regulating emotions.

Question 44

What is the key behind DBT?

Answer 44

Developing mindfulness.

Question 45

DBT is an example of a treatment that targets ___ in hopes of changing ___.

Answer 45

Cognition, behaviours.

Question 46

What is involved in the preparing cases for release decisions stage of the case management process?

Answer 46

Preparation of institutional progress reports and preparation of community assessment. .

Question 47

What is a community assessment?

Answer 47

Focused on determining if the release plan is feasible with respect to resources and supervision.

Question 48

What is the difference between parole and conditional release?

Answer 48

Conditional releases are the decision of the institutions, but parole is based on the decision of the parole board. Statutory release is different from both of these.

Question 49

What does day parole eligibility depend on?

Answer 49

Sentence length-- the offender must return to the institution of a halfway house at night.

Question 50

What does full parole eligibility depend on?

Answer 50

After 1/3 of the sentence have been served, offenders live in the community.

Question 51

The decision to grant parole is based on the decision of either the ___ for federal offenders, or ___ ___ ___ for provincial offenders.

Answer 51

PBC, provincial parole boards.

Question 52

How does the public perceive parole?

Answer 52

Negatively. Parole boards can make mistakes, and there are cases where the public has successfully sued.

Question 53

Public sees parole as ___ ___ ___.

Answer 53

Soft on crime.

Question 54

Inmates see parole hearings as ___ ___, where...

Answer 54

Kangaroo courts, parole hearings are arbitrary and anything goes.

Question 55

What can parole boards ask inmates?

Answer 55

Anything they want. There is no due process.

Question 56

Do inmates always show their true intentions in parole court?

Answer 56

No, they learn the jargon and know what to say, but this does not always reflect change on the inside.

Question 57

Do inmates always show their true intentions in parole court?

Answer 57

No, they learn the jargon and know what to say, but this does not always reflect change on the inside.

Question 58

Parole is either a...

Answer 58

Stick that you beat them with, or a carrot that you dangle in front of them.

Question 59

Are inmates handed parole, or is it by application?

Answer 59

Inmates must apply.

Question 60

___ must develop a realistic plan for the inmates' release.

Answer 60

Inmates.

Question 61

What are 3 key points that must be included in a realistic plan for release?

Answer 61

1. Employment. 2. Treatment. 3. Residence.

Question 62

What is the #1 priority for parole boards?

Answer 62

The protection of society.

Question 63

It is common for inmates' releases to be delayed due to...

Answer 63

A lack of programming.

Question 64

What is wrong with the fact that some inmates are not able to attend the treatment that they need?

Answer 64

It can exacerbate stress, frustration, and mental health issues, which makes it less likely they will be released.

Question 65

How can inmates take advantage of programming?

Answer 65

There is no commitment to change, and can take programming just to get the checkmark.

Question 66

Why are inmates hesitant to apply for parole?

Answer 66

- They may not have community support. | - Community supervision is considered onerous.

Question 67

What do parole boards use in parole decisions?

Answer 67

Pre-sentence reports, institution records, criminal record, medical and psychiatric records, and reports from victims.

Question 68

Parole decisions are based on ___, as they do not know what the inmate would do in the future.

Answer 68

Speculation.

Question 69

Parole decisions comes down to identifying and managing ___.

Answer 69

Risks.

Question 70

People are quick to point out parole board ___, but never mention ___.

Answer 70

Failures, successes.

Question 71

What is the faint hope clause?

Answer 71

Introduced in 1976, applied to those who were convicted of very serious crimes and were sentences to life.

Question 72

When someone serves a life sentence, it normally takes them ___ years to be eligible for parole.

Answer 72

25.

Question 73

When someone serves a life sentence, it normally takes them 25 years to be eligible for parole. However, under the faint hope clause, they could apply after ___ years.

Answer 73

15.

Question 74

What gave the faint hope clause its name?

Answer 74

Chances of success are virtually none.

Question 75

When was the faint hope clause thrown out?

Answer 75

March 2011.

Question 76

Of those who apply for the faint hope clause, __% are successful; however, only about __% who are eligible apply.

Answer 76

80, 20.

Question 77

Of those who apply for the faint hope clause, __% are successful; however, only about __% who are eligible apply.

Answer 77

80, 20.

Question 78

What does the faint hope clause grant?

Answer 78

Does not guarantee an automatic parole hearing, but allows them to apply for a parole hearing.

Question 79

When applying a faint hope clause, a ___ is assembled, and a ___ is also present.

Answer 79

Jury, prosecutor.

Question 80

What is judicial determination?

Answer 80

Allows the judge to determine that the offender must serve half their sentence before being eligible for parole (instead of 1/3).

Question 81

Who is statutory release available to?

Answer 81

Only federal offenders.

Question 82

Statutory release relates to the release of inmates after having served ___ of their sentence.

Answer 82

2/3.

Question 83

Most federal offenders are released from federal institutions in this way (68%).

Answer 83

Statutory release.

Question 84

Does statutory release apply to life or indeterminate sentences?

Answer 84

No.

Question 85

If people serving life or indeterminate sentences are not eligible for statutory release, how can they get out?

Answer 85

Parole.

Question 86

What did statutory release come as a result of?

Answer 86

The Ouimet Committee's Report in 1969.

Question 87

What were concerns raised in the Ouimet report?

Answer 87

Highest risk inmates being released without any form of supervision.

Question 88

What was recommended under the Ouimet report?

Answer 88

A system under which almost everyone would be released under some form of supervision under remission.

Question 89

Remission was replaced with mandatory supervision, which was later changed to ___ ___.

Answer 89

Statutory release.

Question 90

Remission still exists for ___ offenders.

Answer 90

Provincial.

Question 91

Remission and the early release of provincial offenders is not a conditional release, but rather is a ___ ___ release.

Answer 91

Cold turkey.

Question 92

Whose decision is a statutory release?

Answer 92

Not the parole board's decision-- it is an automatic release.

Question 93

The CSC can recommend that an offender is denied statutory release. How often does this occur?

Answer 93

Very rarely.

Question 94

What is the recommendation rate for statutory release to be denied?

Answer 94

Less than 5%.

Question 95

What is the denial of statutory release called?

Answer 95

Detention during the period of statutory release.

Question 96

What is the detention during the period of statutory release?

Answer 96

Denial of statutory release.

Question 97

Who can waive the rights for statutory release?

Answer 97

Inmates.

Question 98

Recidivism rates are higher for those on ___ ___ than on ___, as those who get the latter must work for it.

Answer 98

Statutory release, parole.

Question 99

The public takes a dim view of statutory release, but the reality is that a cold turkey release results in more ___.

Answer 99

Recidivism.