Midterm 3 Flashcards
(132 cards)
Def. conditional release
A generic term for the various means of leaving a correctional institution before warrant expiry whereby an offender is subject to conditions that, if breached, could trigger revocation of the release and return to prison; parole is on type of conditional release.
Def. warrant expiry date
The end of an offender’s sentence.
Conditional Release: federal vs provincial/territorial
Federal: more likely to apply for a conditional release since their sentences are longer.
Provincial/territorial: since inmates are serving such short sentences they do not qualify for conditional release; many of those who do waive their right to a hearing are released outright without any supervision until their warrant expiry date.
True or False
The majority of offenders confined in institutions are ultimately released back into the community?
True
View of conditional release: inmates and public
Inmates: many offenders view conditional release as being set up to fail and a form of custody without walls
Public: the public has little confidence and trust in the criminal justice system due in part to media reports; they do not trust conditional release
True or False
Release on parole is a statutory right?
False, it is a privilege; even if any inmate can apply for parole when they are eligible, there are no guarantees of a positive outcome.
True or False
The premise of conditional release programs is to reduce recidivism with a supervised reintegration in the community?
True
Def. day parole
The authority granted by a parole board that provides an opportunity for inmates to be at large in order to prepare for full release while returning at night to an institution or a community residential facility unless otherwise authorized by the PBC or a provincial parole board.
eg: job search
Def. full parole
The authority granted by a parole board for an inmate to be at large under supervision in the community for the remainder of their sentence.
Usually follows successful completion of day parole, where available
Parolee must report to a parole supervisor on a regular basis and abide by conditions.
Def. statutory release
A type of conditional release made by the CSC that allows incarcerated federal offenders to be released at the 2/3 point in their sentence and to serve the remaining 1/3 under supervision in the community
When can an offender be released from custody?
- the parole eligibility date, for either day parole or full parole;
- the statutory release date, generally at 2/3 of the sentence;
- the warrant expiry date, which is the end of the sentence imposed by the court
What can change the specific condition of release?
The length of the sentence and whether the inmate is under the supervision of federal or provincial/territorial corrections
Temporary absences: Federal
Usually the first type of release granted; escorted or unescorted; for medical, family, employment, or education purposes
Temporary absences eligibility: Federal
Escorted: anytime
Unescorted: varies with length and type of sentence;
°maximum-security inmates not eligible
°sentences of three years or more: may apply after serving one-sixth
of sentence
°sentences of two to three years: may apply six months into the sentence
°life sentences: may apply three years before full parole eligibility date.
Temporary absences: Provincial or Territorial
Most common type of release
Temporary absences eligibility: Provincial or Territorial
Varies
In some jurisdictions, inmates can apply immediately; others require a waiting period; and may require
electronic monitoring (EM).
Day parole eligibility: Federal
°Sentences of two years or more; inmate can apply six months
prior to full parole eligibility date or six months, whichever is great
°Inmates serving life sentences eligible to apply three years before parole eligibility date
Full parole eligibility: Federal
°After serving 1/3 of sentence (except for offenders serving life sentences for murder)
°After 25 years if serving a
life sentence for first-degree murder
°Between 10 and 25 years
(set by judge at sentencing) for offenders serving life sentences
for second-degree murder.
Day parole eligibility: Provincial or Territorial
°Day parole is not an option for provincial inmates in
Ontario and Quebec.
°Provincia/territorial inmates
serving sentences of six months or more in remaining jurisdictions are eligible for day parole after 1/2 of the portion of the sentence that
must be served before full parole eligibility.
Full parole eligibility: Provincial or Territorial
°In Ontario, inmates sentenced to less than six months may apply for full parole at any time
°Those receiving sentences of longer than six months must serve one-third of their sentence before being eligible
°In other jurisdictions, inmates are eligible after serving 1/3 of their sentence.
Statutory release: Federal
Mandatory conditional release of federal offenders by law; not a decision of the PBC.
For offenders who have not applied for, or not been granted, parole.
Offenders serve the remainder
of their sentence under the supervision of parole officers and
must abide by conditions.
Statutory release: Provincial or Territorial
Not available for provincial/territorial inmates who
may serve their entire sentence in custody, minus remission that is earned at a rate of one day for
every two days served and allows for discharge from the institution.
Statutory release eligibility: Federal
By law, for most federal offenders after serving two-thirds of their sentence (if not released on parole);
Offenders serving life
or indeterminate sentences not eligible
Correctional Service
Canada (CSC) may recommend that an offender be denied
statutory release if it believes the offender is likely to:
(a) commit an offence causing death or serious harm to another person
(b) commit a sexual offence against a child
(c) commit a serious
drug offence before the end of the sentence.
Statutory release eligibility: Provincial or Territorial
Not applicable to provincial/territorial inmates