Midterm 3 Flashcards

(132 cards)

1
Q

Def. conditional release

A

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.

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2
Q

Def. warrant expiry date

A

The end of an offender’s sentence.

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3
Q

Conditional Release: federal vs provincial/territorial

A

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.

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4
Q

True or False
The majority of offenders confined in institutions are ultimately released back into the community?

A

True

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5
Q

View of conditional release: inmates and public

A

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

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6
Q

True or False

Release on parole is a statutory right?

A

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.

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7
Q

True or False

The premise of conditional release programs is to reduce recidivism with a supervised reintegration in the community?

A

True

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8
Q

Def. day parole

A

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

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9
Q

Def. full parole

A

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.

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10
Q

Def. statutory release

A

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

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11
Q

When can an offender be released from custody?

A
  1. the parole eligibility date, for either day parole or full parole;
  2. the statutory release date, generally at 2/3 of the sentence;
  3. the warrant expiry date, which is the end of the sentence imposed by the court
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12
Q

What can change the specific condition of release?

A

The length of the sentence and whether the inmate is under the supervision of federal or provincial/territorial corrections

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13
Q

Temporary absences: Federal

A

Usually the first type of release granted; escorted or unescorted; for medical, family, employment, or education purposes

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14
Q

Temporary absences eligibility: Federal

A

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.

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15
Q

Temporary absences: Provincial or Territorial

A

Most common type of release

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16
Q

Temporary absences eligibility: Provincial or Territorial

A

Varies

In some jurisdictions, inmates can apply immediately; others require a waiting period; and may require
electronic monitoring (EM).

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17
Q

Day parole eligibility: Federal

A

°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

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18
Q

Full parole eligibility: Federal

A

°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.

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18
Q

Day parole eligibility: Provincial or Territorial

A

°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.

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19
Q

Full parole eligibility: Provincial or Territorial

A

°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.

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20
Q

Statutory release: Federal

A

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.

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21
Q

Statutory release: Provincial or Territorial

A

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.

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22
Q

Statutory release eligibility: Federal

A

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.

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23
Q

Statutory release eligibility: Provincial or Territorial

A

Not applicable to provincial/territorial inmates

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24
Def. one-chance statutory release
A release option whereby offenders who violate the conditions are required to serve the remainder of their sentence in confinement. Only available for Federal offenders. They are generally high-risk.
25
Def. remission/discharge
Available to provincial inmates who have served 2/3 of their sentence.
26
Detention during the period of statutory release
A decision by the Parole Board of Canada, after an application by CSC that a federal inmate be detained in the institution until warrant expiry date.
27
Sentencing milestones for federal offenders with fixed sentenced
28
Who perform release plan for provincial/territorial and federal institutions?
Provincial/Territorial: inmate liaison officer, parole coordinator, or conditional release coordinator Federal: case management officer and institutional parole officer
29
Def. release plan
A plan setting out the residential, educational, and treatment arrangements made for an inmate who is applying for conditional release eg: where the parolee will live, employment prospects, and any arrangement for community-based support
30
True or False The release plan must be vetted by the probation or parole officers in the community into which the offender will be release?
True
31
Def. community assessment
An evaluation of the feasibility of the release plan, the level of supervision required, and the availability of community resources. eg: proposed residence, employment, treatment plan, family and other support networks in the community, the offender's acceptance of responsibility for the offending behavior, special conditions from the parole board, informations supplied by the victim
32
True or False Parole board members only need to use the information contained in either the release plan or the community assessment but not both?
False Parole board members use the information contained both in the release plan and the community assessment to determine whether an inmate should be granted a conditional release and, if so, the special conditions that should be attached to it.
33
True or False An offender who presents little risk of reoffending would typically have a favourable background and no previous criminal convictions. whereas offenders who present a high risk must demonstrate that they have taken steps to address those aspects of their lives that would increase the likelihood of reoffending?
True
34
True or False Parole board members do not have a lot of discretion when it comes to granting or denying parole?
False The general nature of the conditional release provisions gives parole board members a considerable amount of discretion in deciding whether to grant or deny parole.
35
True or False Pre-release planning is more popular in provincial/territorial institutions than in federals?
False Despite its importance in the correctional process, pre-release planning is often minimal in provincial/territorial institutions. A small sample N( = 12) of provincial inmates in Nova Scotia, some of whom had also served federal time, indicated that there was no pre-release planning, no information provided on support services in the community, and they were not generally aware of the assistance that was available to them. Federal inmates, who are incarcerated for longer periods compared to their provincial or territorial counterparts, have greater access to pre-released assistance. These inmates tend to be released in gradual stages, beginning with escorted or unescorted temporary absences.
36
What are the goals of pre-release planning?
Pre-release planning is an important part of the inmate's correctional plan and is directed toward managing the risk posed by offenders and, ideally, providing access to programs and services in the community.
37
True or False Pre-release plannings are more present for people with mental illness which makes their reintegration easier into the community?
False There may also be a lack of pre-release planning for inmates with particular challenges, such as mental illness. This hinders successful reintegration into the community upon release.
38
True or False Long-term studies have shown that offenders who are gradually released from prison on conditional release are more likely to become law-abiding citizens than those offenders who stay in prison until the end of their sentence?
True
39
Def. temporary absence
A type of conditional release that allows an inmate to participate in community activities, including employment and education, while residing in a minimum-security facility or halfway house.
40
True/False The percentage of provincial/ territorial and federal offenders released on day and full parole increased beginning in 2013 to 2014, after several years of decline?
True
41
What is the % of day parole and full parole grants for provincial/territorial and federal
Day parole: prov: 57% fed: 71% Full parole: prov: 32% fed: 30%
42
Disparities of grant rate between sexes and ethnicity
Black federal inmates are less successful in their application for day parole and have a much lower grant rate for provincial full parole Indigenous offenders serve a higher proportion of their sentences prior to day or full parole release than their non-Indigenous counterparts, including Blacks, and have the lowest federal and provincial full parole grant rates Asian offenders have the highest federal and provincial full parole grant rates Indigenous offenders are more likely to be released on statutory release than other types of release, and are more likely than non-Indigenous offenders to be released on statutory release. Women offenders have higher federal and provincial parole grant rates than male offenders.
43
True/False The majority of inmates in provincial/territorial institution do not apply for parole?
True They serve out their sentences in custody. Under statutory release, these inmates are eligible to be released after serving two-thirds of their time in custody. In contrast to federal offenders, provincial/territorial inmates on statutory release are not supervised by parole officers. For these inmates, the parole board must often decide whether to release an offender on parole who may present a risk, and with a plan that is not optimal, or to have the inmate serve until the statutory date and then leave custody with no supervision or plan.
44
% of federal conditional release population
3.8% Long-term supervision 15.2% Day parole 40.2% Statutory release 40.4% Full parole
45
% of federal conditional release by ethnicity
65.3% white 16.6% indigenous 8.1% black 6% asian 4% other
46
True/False There are nearly as many offenders on statutory release as are on full parole?
True This reflects both the decline in the full parole grant rate and the increasing levels of risk posed by federal offenders who are incarcerated and who may be less likely to receive parole
47
True/False For crime victims and their families, the parole hearing is the first public forum since the court where they have an opportunity to speak to the impact of the crime and to confront the offender?
True
48
What section gives victims rights with respect to conditional release?
Under section 142 of the CCRA, victims can request a variety of types of information, including the offender's eligibility dates for conditional release, including temporary absences; hearing dates for conditional release; the offender's destination upon release; and, if the offender is transferred from a federal institution to a provincial or territorial institution, the name and location of that facility.
49
Why is it rare for victims of crime to participate in the conditional release process like sending an impact statement or appearing to parole board hearings?
The institution where the parole hearing is held may be a considerable distance from the victim's home, or the victim may not have access to a victim support person. Most victims have little knowledge of the parole process and how hearings are conducted. The decision of the board is forward-looking and predictive; and the focus is on whether the offender, if released, will re-offend. So, it is not a retrial of the case. It can also be very intimidating for the victim to sit in a parole hearing room with the offender present and to speak candidly about the offender's potential release. The victim may fear reprisals when the offender is released.
49
What are the rights of victims in the Canadian Victim Bill of Rights?
Authorities are required to inform crime victims of any hearings related to the conditional release of an offender and any conditions that are attached to a conditional release. Victims also have the right to attend parole hearings, with the exception of the provincial parole board in Quebec, and to submit a victim impact statement, either in person at the hearing, or via audio or video, or a written statement
50
True/False Most crime victims are harassed or threatened by offenders on conditional release?
False However, some victims are at great risk. It is in these cases that victim notification is most crucial, for both officially sanctioned releases and unauthorized absences from community supervision.
51
True/False Victim submissions or presentations have a lot of weight in parole hearings?
False There are no guidelines as to how much "weight" they should have in parole hearings in making the conditional release decision.
52
True/False To facilitate the sharing of information with crime victims on the movement and release of their perpetrator, CSC operates a ational Victim Services Program?
True This program provides registered crime victims with updated information on the offender's status, notifications of parole board hearings, and release dates and conditions.
53
Is it common to see community petitions opposing the release of an offender?
No, we see it mostly in high-profile cases
54
How many board members are generally presiding during parole hearings?
Generally 2
55
Where the parole hearing is generally held?
Generally in the institution where the inmate is being held
56
In federal institutions, who can accompany an inmate-applicant to the parole hearing? and what are their roles?
In federal parole hearings, the inmate-applicant is accompanied by his or her case manager, who serves as an assistant. Lawyers also may attend, although the parole board is an administrative tribunal and not a court of law. Federal Indigenous offenders may have an Elder or cultural advisor present at the hearing. The number of these hearings has declined over the years to just over 1/3 of hearings, with a slight increase seen in 2016. This fact has stirred some controversy, critics arguing that this practice undermines the integrity of Indigenous-centred corrections.
57
What documents are reviewed by the parole board?
In its deliberations, the parole board considers a number of documents contained in the inmate-applicant's parole file. These generally include, but are not limited to: -police reports -official record of convictions, -classification reports, -reports from institutional staff on the inmate's behaviour and performance, -correctional plan progress report, -victim impact statements, -pre-sentence reports, -letters of support, -community assessment prepared by a probation or parole officer
58
What impact did the Gladue report have on the decision-making of parole boards?
Boards are required to consider the unique circumstances of Indigenous applicants and the effects of the residential school system, as well as the inmate-applicant's family history, experience with social services and child welfare, and other factors related to the loss of culture.
59
What happens when a parole board denies day parole or full parole?
If parole is denied, the board will set out for the inmate the steps that can be taken to improve chances of release in the future. This is particularly important for inmates in federal institutions, as these offenders are serving longer sentences. Inmates in provincial/territorial institutions who are denied parole will most likely be released at their 2/3 date and so will not re-apply for parole.
60
What happens when a parole board granted day parole or full parole?
If parole is granted, a certificate of parole is prepared. The parole certificate contains both mandatory conditions, such as obeying the law and keeping the peace, and additional conditions such as abstaining from intoxicants
61
True/False Parole boards are only doing reports when they deny conditional release?
False Regardless of the board's decision, it is required to write a report stating the reasons for the denial or granting of conditional release. For inmates whose application for release has been denied, the CCRA (s. 14 7) sets out grounds for appeal. As parole boards are tribunals rather than courts of law, appeals are generally made on the grounds that proper procedures were not followed by the board.
62
True/False A lot of attention has been given to the composition of parole board?
False Although the decision to release an inmate is one of the most important in the correctional process, little attention has been given to the composition of parole boards, the relationship between member characteristics and conditional release decisions, how board members use the information contained in offender case files, and the consequences of decisions for the offender, the victims, and the community.
63
Are parole hearings easy for inmates? Why?
For inmates applying for conditional release, the appearance before the parole board can be stressful, intimidating, and anxiety-provoking. Inmates have little or no understanding of the role of the parole board and may be intimidated by the more sophisticated language skills of board members. Other inmate-applicants may be veterans of parole hearings. For most inmates who plead guilty in criminal court, this is the first time they have been asked detailed questions about their crimes, their personal history, and their future intentions.
64
True/False Parole hearings are long which allows enough time to go through cases?
False The severe time constraints under which many parole boards operate place an added burden on both board members and the inmate-applicant, and that may lead to superficial coverage of some topics. Under the best of circumstances, parole board members have to determine whether the release of the inmate-applicant will be manageable in the community and will facilitate their reintegration into the community. In an hour or less.
65
True/False Parole board members may not realize that the inmate-applicant is mentally disordered or, in the case of a post-suspension hearing, the offender is still in withdrawal following a relapse into drug use while on conditional release?
True
66
True/False A lot is known about the interactions between the inmate-applicant and parole board members?
False Despite the important role that parole boards play in the correctional process, little is known about the interactions that occur between the inmate-applicants and parole board members.
67
What does an Elder do during a parole board hearing?
The Elder may say a prayer or perform a ritual (such as smudging) to open and/or close the parole hearing. Experience has been that Elder-assisted parole board hearings have resulted in hearings being more fair, culturally sensitive, and respectful. There is also provision for parole hearings to be held in the community rather than the penitentiary, as a means to restore the relationship between the offender and the community.
68
Diversity issues among parole board members and steps to promot diversity
Diversity is also important in assessing risk. A major challenge is that the composition of parole boards does not reflect the majority of inmate-applicants who are from vulnerable, marginal ized, and racia lized groups. Board members may not be knowledgeable about gender issues and women offenders and the dynamics that are associated with women in conflict with the law. The PBC has made efforts to increase sensitivity to diversity, although an investigation of these efforts found that "diversity issues were not effectively integrated into the existing organizational structures of the PBC but, rather, were constituted as peripheral to the organization's 'real' work." Some efforts have been made to address the challenges faced by Indigenous inmates applying for conditional release. Members of the PBC must undergo cultural sensitivity and awareness training, learn about the traditions and cultures of indigenous populations, and complete training with Elders.
69
How does a person become a parole board member? and what are the concerns with that?
Parole board members are appointed by governments and, traditionally, positions on parole boards have been patronage appointments: they are rewards for supporters of the government. Members are not required by legislation to have any special training or expertise in law, criminology, psychology, or corrections. concerns: mediatized cases can affect the decision-making of the members they have too much discretion and not enough professional competencies. This lack of guidance, combined with the discretion exercised by board members, can result in individual styles of decision-making, which may, in turn, lead to disparity in decisions on applications for conditional release between boards as well as among board members, even within the same jurisdiction.
70
True/False Parole board members have a lot of feedback on their decision?
False Few if any mechanisms are in place for parole board members to receive feedback on the outcomes of their decisions Generally, parole board members learn of an inmate's behaviour on conditional release only when that person commits a high-profile crime or, by happenstance, reappears during a parole suspension hearing before one of the board members involved in the original decision.
71
How should the decision-making happen in parole boards?
The effectiveness of parole boards should be measured by more than rates of success/ reoffending of offenders.
72
Def. reintegration
The process wherby an inmate is prepared for and released into the community after serving time in prison.
73
True/False Many inmates come from marginalized backgrounds and have not acquired ilie resources or skill sets to participate in mainstream society.
True
74
True/False It is hard for ex-inmates to survive in the community after being released because their is no ritual of integration for them?
True While offenders sent to custody experience a variety of status degradation ceremonies as they move from citizen in the community to inmate, there are no status restoration ceremonies and "rituals of reintegration" that would build on the offender's accomplishments rather ilian being focused solely on risk. As a consequence, many newly released offenders are left to their own devices to adapt and survive.
75
True/False For federal offenders reintegration begins when the offender is first assessed and continues with institutional programming and preparation for applying for conditional release?
True
76
True/False Most inmates who reoffend do so withine the first 3 years following release from a correctional institutions?
Fasle First 2 years
77
What is necessary for an integration to work?
For integration to succeed, continuity is required between the programs and services in the institution and those in the community. This is the notion of throughcare. A seamless transition in treatment from the institution to the community is particularly important for offenders with special needs, such as substance abuse issues.
78
What is the purpose of IOM progam?
In British Columbia, the Integrated Offender Management (IOM) program is designed to facilitate collaborative case planning and management between adult custodial and community corrections to achieve the successful reintegration of offenders back into the community. Sruvey on IOM program found that 96% found the program was helpful to them, while 79% felt that the program would assist them in avoiding reoffending.
79
What are the challenges of re-entry?
Correctional institutions, particularly those at tl1e maximum-security level, are closed, highly structured, and artificial environments where an antisocial value system predominates and where inmates have few responsibilities. Upon release, these same individuals are expected to resume life in a community that values independence of thought and an ability to cope with the complexities of daily existence. Re-entry is made even more difficult for long-term offenders, who have had little opportunity to become familiar with changes that have occurred in the community since they were confined. This includes how to navigate technology. Offenders who have served lengthy periods of time in confinement may experience symptoms of PTSD, which may include flashbacks, suicidal thoughts, and depression. The pressures on released offenders may place them at risk of suicide. In a study (N= 1,025) of inmates during the time period 1995 to 2006, there were a total of 47 deaths from all causes among the sample: 26 (2.54 percent) died by suicide and of these 77 percent occurred outside the prison. With respect to reintegration, there are challenges with finding housing and employment due to their criminal record and the stigma associated with having been in prison. A newly released offender can feel like a stranger-inadequate, acutely self-conscious, and convinced that every person on the street can tell from appearance alone that he or she has been in prison. For a released inmate who has no friends on the outside who can be relied on for assistance, protection, and security, the institution may exert a stronger pull than freedom itself
79
How long an ex-offender has to wait for pardon?
This requires a wa it time of five years for summary offences and 10 years for indictable offences.
80
Def. Pain of re-entry
The difficulties that inmates released from prison encounter as they try to adjust to life in the community.
81
True/False The majority of federal offenders released on conditional release do not have difficulties associated with the seven dynamic need domains?
False they do
82
What are the seven dynamic need domains?
Attitudes Community functioning Employment Marital/family Personal and emotional associates Substance abuse
82
What are the most frequently mentioned problems facing offenders upon release?
The most frequently mentioned problems facing offenders upon re-entry are a lack of education and job skills, finding suitable housing, the absence of family support, poverty, drug and alcohol problems, and low self-esteem.
83
Does homelessness and reoffending are related? What are the numbers?
yes!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! There is evidence that homelessness is related to reoffending, with four out of ten admissions of homeless persons to one Toronto area jail during one year being returnees. It is estimated that 30 percent of released offenders are homeless and have no stable residence to go to when they are released. Compounding the problem are provincial laws that allow landlords to deny accommodation to persons with a criminal record.
84
True/False There is often a lack of continuity between programs in the institution and the community?
True Offenders who were in a methadone maintenance program in the institution, for example, may not have access to this program in the community, particularly those offenders from rural and remote communities. Additional challenges may exist owing to mental illness, the presence of FASD, and substance abuse issues.
85
What was the conclusion of the interviews done with offenders and service providers involved in community corrections in Hamilton Ontario?
Ontario, identified housing, employment opportunities, mental health counseling, and addiction services as major challenges for offenders on conditional release.
86
True/False Newly released offenders can feel paranoid and fear for their safety in the community?
True Newly released offenders can feel like the proverbial "stranger in a strange land" - embarrassed and inadequate, and convinced that every person on the street can tell at a mere glance that they have been in prison. Offenders may experience feelings of paranoia and fear for their safety upon re-entering the community.
87
What elements are critical for the successful reintegration of offenders?
Securing employment, stable housing, and education have been found to be critical for the successful reintegration of offenders. In addition, offenders with special needs require access to programs and services, including mental health services, addition programs and counselling, and in some instances, family counselling.
88
Def. Post-incarceration syndrom (PICS)
A condition of offenders in custody and in the community that is caused by prolonged exposure to the dynamics of life inside correctional institutions. PICS can include PTSD, including depression or anxiety, and antisocial personality traits, including defiance of authority and the victimization of others. It may be particularly severe for offenders who have served lengthy prison terms and presents challenges to successfully reintegrating back into the community. The ex-offender may have difficulty establishing or re-establishing personal and family relationships, including contact with their children. Problems may be compounded if the released offender has mental health and/or addiction issues.
89
What are the difficulties for women offenders who are reintegrating the community?
-Women offenders re-entering the community face many of the same challenges as their male counterparts, including issues related to employment, housing, and access to programs and services. -However, women offenders may be more likely to experience gender discrimination and more stigma as ex-offenders, in part because of societal attitudes toward "misbehaving women. -Women released from confinement may also have to address difficult issues with respect to their partners/spouses who may also have been involved in criminal activity. This may place additional strains on women and increase the "pains of re-entry." -Factors associated with reoffending among women offenders are a high-risk rating, unemployment, substance abuse, and failure to complete community-based programs. -Successful reintegration is facilitated by a conscious decision on the part of the woman offender to live a crime-free/drug-free life; support from families, partners/spouses, and children; and a positive relationship with her parole officer. -For inmate-mothers, the challenges may include re-establishing contact with their children, finding suitable accommodation with sufficient space, and attempting to regain custody if the children have been placed in care during the mother's confinement -It can be assumed that the challenges are even greater for women released from provincial/territorial institutions since these women will have only served a short time in confinement and may not have access to programs and services upon release. Recall that provincial/territorial offenders who serve two-thirds of their sentence are released without any form of supervision in the community.
90
Why most parole-eligible Indigenous offenders do not apply for conditional release?
-Not understanding the parole process -A lack of support in the outside community -A lack of confidence in their ability to successfully complete conditional release. -Limited access to Indigenous-specific treatment programs, particularly in provincial/territorial institutions and in rural and northern communities upon release.
91
What are the consequences of the lack of Indigenous-specific treatment programs (particularly in provincial/territorial institutions and in rural and northern communities )upon release?
A report of the Auditor General of Canada found that only 20 percent of Indigenous offenders were able to complete treatment programs prior to their eligibility date for conditional release. These factors contribute to the situation where Indigenous inmates are more likely than non-Indigenous inmates to be on statutory release or to be held into custody until their warrant expiry date.
92
True/False Indigenous offenders serve a higher proportion of their sentence before being released on parole?
True Partly because of the seriousness of the crimes they have committed but also because of the lack of community supports available to them, especially in rural and remote communities.
93
True/False Even if provincial/territorial and federal day parole and full parole completion rates are high, generally in the 70 percent to 95 percent range. There are differences, however, in the rates of completion between various groups of inmates?
True * Compared to non-Indigenous offenders, Indigenous offenders have a lower successful completion rate for both federal day and full parole. * Federal women offenders have higher successful completion rates than male offenders. * Asian offenders have the highest rates of completion of both day and full parole. * For offenders serving determinate sentences, the successful completion rate on federal full parole is in the 85 percent range.
94
Several provisions in the CCRA are designed to increase the involvement of First Nations communities in the release and reintegration of federal Indigenous offenders. Name two
Section 81 authorizes the federal government to enter into agreements with First Nations communities whereby the community will take over the "care and custody" of some Indigenous inmates. Section 84 provides an opportunity for First Nations to participate in a community-assisted hearing in front of the PBC, to propose a plan for the conditional release and reintegration of the Indigenous offender into their community. This provision also allows for offenders under a long-term supervision order to be supervised in an Indigenous community. There is also a policy providing for the involvement of Elders in parole hearings.
95
True/False To manage the risk posed by high-risk offenders, CSC collaborates with several police departments across the country?
True It includes the Regina Police Service and Hamilton Police Service It involves police officers being hired to work as community corrections liaison officers (CCLOs). These officers monitor the activities of high-risk/high-needs offenders in the community and liaise between police officers and parole officers. Larger police services across the country also have specialized teams that focus on chronic and high-risk offenders.
96
Federal and provincial/territorial systems of corrections have been slow to address the challenges faced by persons with mental health issues upon re-entry into the community. What are the consequences?
-This often leads to a cycle of release/reoffending/reincarceration -Offenders with mental health issues may be more likely to commit technical violations of their parole -Offenders with mental illness present special challenges upon returning to the community, including social isolation, co-occurring substance abuse disorder, and finding suitable employment and housing. -A study of offenders with mental illness in detention in Quebec, for example, found that these individuals were poorly prepared to re-enter the community, they had difficulty accessing services, and there was little continuity between programs in the institution and in the community. -Programs and services for special-needs populations are less developed by provincial/territorial corrections systems, and offenders with specific needs who reside in northern and remote areas of the country have limited access to assistance.
97
De. Community notification
The practice, usually carried out by police agencies, of making a public announcement that a high-risk offender has taken up residence in an area.
98
True/False Sex offenders on conditional release are often high-profile in the media and present governments and corrections with unique challenges?
True
99
What are the techniques used by the correctional systems to manage the risks of sex offenders?
-Use of drugs such as antiandrogens to reduce sex drive - A CSC-operated high-risk offender program, which includes a maintenance program for managing sex offenders who are on conditional release. This program is cognitive behaviour-oriented and includes individual and group counselling. -Governments and systems of corrections also employ a variety of strategies to monitor and control high-risk sex offenders (and other high-risk offenders on parole) in the community. This includes the use of electronic monitoring (EM) and CPS tracking -Several provinces, including British Columbia and Ontario, have established sex offender registries that require these offenders to register 15 days prior to release into the community ( or upon conviction if they receive a non-custodial sentence), and they must then re-register annually as well as 15 days prior to any change of address. The centralized register database includes information on the offender, such as their name, date of birth, current address, and identifying marks, as well as photographs. Offenders remain on the registry indefinitely unless they are acquitted on appeal or receive a pardon. -Community notification (CN ) is a widely used, yet controversial, strategy designed to manage risk and protect the community from high-risk sex offenders. The practice of CN generally involves the police making a public announcement that a high-risk sex offender has taken up residence in an area.
100
What are the pros and cons of community notification?
The premise of CN policies is that by warning potential victims and the community at large, the ability of the community to protect itself is strengthened and offenders who know they are being watched will be deterred from reoffending. Several American states post the names and home address of all sex offenders on the Web. Information can be accessed to determine if, and how many, sex offenders live in proximity to a specific piece of property. In Canada, police departments periodically place public warnings on their websites. On the other hand, CN can enflame community residents who may take a "not in my backyard" ( NIMBY) view of offenders returning to the community. This strategy may also be viewed as a hardening of attitudes against certain categories of offenders and reflective of a punitive penology. The negative aspects of CN are that it may prevent the offender from re-establishing a stable residence and relationships in the community, thereby increasing the possibility of reoffending. The use of CN raises the issue of how to balance the rights of the community with the privacy rights of the offender, as well as ethical questions as to how intrusive the State can be in a person's private life
101
What are the challenges of state-raise offenders?
These individuals have very little experience living in the outside community, have few or no family ties, and-a key point-have no "stake" in the community. Their friends, identity, status, and power are all inside the correctional institution. Outside in the free community, there are no guarantees of status, of security, or of a routine that provides for one's basic needs Close friendships are in danger of being lost, and inmates may feel that they are abandoning close friends, confidants, and/or lovers inside. These feelings may be especially acute when soon-to-be-released inmates realize that they have no network of support on the outside who can be relied on for assistance, protection, and security and who are not involved in criminal behaviour.
102
What behaviors do certain parolees have to cope with the pains of re-entry?
The parolee may revert to high-risk behaviour, including heavy drinking, drug use, resuming friendships with former criminal associates, or spending time with old friends from prison. Though most will complete their period of conditional release without committing a new offence, many will be reconvicted of a criminal offence within three years of release.
103
What are the dual roles of the probation officers?
The first involves being a resource person and confidant to counter the pains of re-entry. In this regard, the supportive activities of parole officers can include offering job search advice, referring clients for counselling, and advocating with welfare authorities on their behalf. The second role involves monitoring and enforcing parole conditions. To be effective, parole officers must have the capacity to understand their clients.
104
Name two provisions from the Criminal Code that can be used to impose conditions and supervision on offenders once they have completed their custodial sentence and/or parole?
One is the long-term offender designation (section 753) If certain criteria are met indicating that the offender will present a substantial risk of committing a serious personal offence following release from custody, the sentencing judge can impose the designation of long-term offender and require the offender to be under the supervision of a parole officer for up to 10 years. The other provision is found in section 810 of the Criminal Code, which can be used for offenders who have not been granted parole and who have served their entire sentence in custody. Section 810 .1 may be used in situations where there is fear that the offender poses a risk to persons under 14. Under section 810.2, prosecutors may ask the court to impose restrictions on persons who are considered a high risk to commit a violent offence in the community.
105
What factors hinders the effectictivness of community correctional centers of successful reintegration of offenders?
These included an increase in the number of high-risk offenders, many of whom were on statutory release, having been denied parole due to risk factors; the majority of offenders were sent to a CCC directly from maximum- or medium-security facilities; three-fourths of the residents at the CCCs were deemed at a high risk to reoffend; half of the residents were identified as having low reintegration potential; and 70 percent were deemed to have high needs in areas such as employment and education. CCC staff also indicated there were an increasing number of offenders being sent to CCCs who had mental health and addiction issues. Among the conclusions of the study were that the needs of the most vulnerable offenders, including the elderly and those with mental health issues, were not being adequately met.
106
What are the roles of community correction centers?
The CCCs serve as a transition between the institution and the community and offer a variety of programs and also provide offenders with access to programs and services in the community. These and other facilities (often referred to as halfway houses), many of which are operated by non-profit organizations such as the John Howard Society, Elizabeth Fry Society, St. Leonard's Society, and the Salvation Army, provide an opportuni ty for offenders on conditional release to have stable accommodation and to slowly adjust to being back in the community.
107
True/False A significant role in the reintegration of offenders into the community is played by not-for-profit organizations?
True eg of non-profit: the Elizabeth Fry Society, the John Howard Society, St. Leonard's Society, tl1e Mennonite Central Committee, various faith-based programs, and a variety of other organizations across the country.
108
Name 3 community programs and explain what are their purpose.
The John Howard Society of Ontario (JHSO), for example, operates the South Etobicoke Reintegration Centre, a "one-stop shop" providing assistance to men released from the Toronto Intermittent Centre and the Toronto South Detention Centre which combined, comprise the largest jail in Canada. Services provided by the JHSO include housing, employment, mental health, and legal services. The JHSO also operates a peer support program staffed by persons who have themselves been involved in the correctional system and who have substance abuse issues. In Manitoba, the Elizabeth Fry Society provides a variety of program and services for women and transgencler offenders, including a Provincial Reintegration Worker program that assists women in preparing for release and transition back to the community. Across the country, the St. Leonard's Society operates community residential facilities as well as a variety of reintegration programs Despite the positive feedback from both offenders and staff, programs operated by non-profit organizations are vulnerable to funding cuts. Lifeline, a high-profile program for persons serving a life sentence released into the community (and who will be on parole for the remainder of their life), was terminated in 2012 when the then federal Conservative government ended its funding. CSC also contracts private operators (including not-for-profit organizations such as the 7th Step Society) to provide beds in community residential facilities (CRFs). In each province/territory, there are parallel systems of residences that the government operates either directly or under contract with private operators. These CRFs are often called halfway houses. Most released offenders do not reside in halfway houses, but rather live on their own or with their families. CSC also operates an intensive supervision program for offenders on conditional release who have a history of violence and confinement in correctional institutions, who exhibit little motivation to change, who may have psychological disorders, and who present a high risk of reoffencling. Many of these offenders were denied parole and subsequently granted statutory release. The objectives of the program are to ensure the safety of the community through a regimen of intensive supervision, to help offenders access resources and services in the community, and to manage the risk presented by the offender. There are also peer mentoring programs, wherein ex-offenders assist offenders re-entering the community, including the Gates Peer Health Mentoring Program for women offenders released from provincial institutions in British Columbia.
109
True/False Inmates who had unstable patterns of visitation are equally likely to recidivate than those who had a sustained pattern of visitation.
False Research studies have also found that inmates who have a sustained pattern of visitation while incarcerated are less likely to recidivate. This highlights the importance of offenders maintaining social networks with persons outside the institution. Unfortunately, many male and women offenders have no visitors during their period of incarceration.
110
What is the primary objective of correctional institutions?
Correctional systems have as a primary objective the reduction of recidivism among offenders released into the community. Statistics indicate that most federal offenders successfully complete conditional release and do not reoffend prior to warrant expiry
111
True/False The rate of conviction for violent offenses for offenders under supervision in the community has declined?
True
111
True/False The majority of sex offenders are rearrested for new sex crimes in the first year after their release?
Contrary to the images portrayed in the media, the majority of sex offenders are not rearrested for new sex crimes.
112
Def. Suspension of conditional release
A process initiated by the supervising parole officer (or in some instances by the parole board) in cases whether the parolee has allegedly failed to abide by the conditions of release.
113
Def. Revocation of conditonal release
A decision by a releasing authority, such as a parole board, made in connection with an offender whose release has been suspended.
114
What are the two outcomes when a parolee is suspended?
( 1) the parole supervisor cancels the suspension and releases the person from custody (2) the case is referred back to the provincial parole board or the PBC for a hearing to determine whether there should be a revocation of conditional release (which usually means a transfer back to a correctional facility).
115
True/False Parole officers have a lot of discretion?
Parole officers have considerable discretion in the use of suspensions. The law states that officers may suspend a parolee for violating a parole condition or when new offences are alleged.
116
What type of violation happens the most and leads to revocation of release?
Most offenders whose releases are revoked have committed technical violations; that is, they have violated the general and/or specific conditions attached to their conditional release. These include having a positive urinalysis test, being in an unauthorized area, or making contact with prohibited persons. About 10% of cases involve a revocation for a new offence. This does not mean that only 10 percent of offenders on conditional release commit new offences. It is not known how many offences are committed but not discovered by the police or corrections authorities, how many offences are discovered but classified as technical violations because such charges are more easily proved, or how many suspensions are cancelled for other reasons when in fact an offence has been committed.
117
Def. COSA
Community-based committees composed of criminal justice personnel and community members that provide mentoring for high-risk sex offenders whose sentences have expired.
118
What is COSA
Circles of Support and Accountability (COSAs) were first developed by the Canadian Mennonite Community in the early 1990s and were based on the traditional Indigenous practice of healing circles. They provide support for sex offenders who are released from federal institutions at warrant expiry or whose period of supervision on conditional release has ended through warrant expiry. These offenders are the most likely targets of judicial recognizances and community notification (CN). Any offender who participates in the program does so on a voluntary basis; no legal mechanism can compel an offender to be subject to monitoring. COSAs are centred on the principles of restorative justice, including the importance of positive relationships that can facilitate positive change in the offender while at the same time addressing the injury caused to the victim and the community. The efforts of COSAs are designed to extend contact with the offender beyond the warrant expiry date ( end of sentence and parole supervision) and to engage the community in efforts to reintegrate high-risk offenders. A circle of support is a team of five or six volunteers assigned to an offender to assist him or her as the offender takes up residence in their community. Volunteers can include teachers, social workers, police officers, businesspeople, and other community residents. They help with all facets of reintegration, including housing, employment, budgeting and financial management, spiritual development, and moral support. The offender may call only in times of stress or may have daily contact with the circle members. Circle members can also mediate between the offender and the community.
119
Do temporary absences work?
Yes. For provincial/territorial offenders, the rates of successful completion of escorted and unescorted TAs have consistently been in the 95 percent+ range, while 99 percent of federal offences successfully completed their TA.a A study (N = 27,098) of federal offenders found that TAs were an effective strategy for reducing reoffending and for gradually reintegrating offenders back into the community. TAs were particularly beneficial for higher-risk offenders who had served longer sentences
120
Is day parole an effective conditional release option?
Yes. Day parole is an important part of the graduated release of offenders from confinement. It provides inmates with access to community services, employment, and educational opportunities. The overall successful completion rates for federal day parole are around 90 percent, although there are differences between groups of offenders.
121
Is Parole an Effective Conditional Release Option?
In the short term, yes. Long term, unknown. Although most parolees successfully complete their sentence, it is unknown whether the needs of offenders have been addressed and whether their quality of life (e.g. addiction issues, housing, family stability, employment) have been addressed. Recall that one of the two criteria for granting release is that the offender will not constitute an undue risk to the community prior to the expiration of their sentence. This means the parole board is not responsible for what happens beyond that point in time. (Parole boards are not required to weigh the short- and long-term impact of their decisions. Success rates are generally higher for low-risk offenders without lengthy criminal histories and those who have not committed a sexual offence or another crime of violence. Ex-offenders may remain marginal and vulnerable
122
Is Statutory Release (SR) a Useful Strategy?
Yes. Although the PBC is generally not involved in this decision, SR does provide for supervision of the highest-risk offenders. Without SR, these offenders would serve their entire sentence in custody and be released without any supervision (except if they are subject to a long-term supervision order). The successful completion rates of offenders on SR is around 60 percent
123
Do EM and GPS tracking reduce reoffending?
There is no conclusive evidence that the use of EM reduces reoffending, and the adoption of GPS tracking for parolees in Canada is too recent to have produced any conclusive findings. Evidence of the effectiveness of GPS in reducing reoffending in the U.S. is mixed: While some studies have found no impact on reoffending, a California study (N = 516) found that sex offenders on parole monitored by GPS had their parole revoked less often and committed fewer crimes than a matched group of offenders who were not monitored by GPS. The use of these technologies may increase the workload and be very time-consuming for parole officers. There are also concerns that the use of this technology may create a false sense of security among the public
124
Do Community-Based Programs for Offenders Work?
Yes, in certain conditions. Research studies indicate that community-based programs for parolees are most effective when premised on the principles of risk, need, and responsivity (RNR).k A study of high-risk, high-needs federal offenders with psychiatric conditions in CCCs found that treatment interventions including counseling had a significant impact on reducing the rates of reoffending
125
Does Community Notification (CN) Work?
Although CN appears to have strong support from the public, there have been few studies (none of them Canadian) about the impact of CN on reoffending among high-risk offenders. Nor have there been any about whether CN improved feelings of personal safety in the community. Studies in the U.S. have found no differences in the recidivism rates (commission of new offences and/or violations of release conditions) of male sex offenders.° Community notification can lead to vigilantism and hinder offenders' efforts to reintegrate
126
Do Sex Offender Registries Work?
Not likely. There are no Canadian studies; however, research in other jurisdictions has not demonstrated that sex offender registries reduce reoffending.
127
Do COSAs Work?
Yes . Canadian studies have found that offenders who participated in COSAs had significantly lower rates of sexual recidivism, recidivism for violent crimes, and general reoffending.s,t Offenders and community members who participated in COSAs had a positive view of the program and COSAs provided a network of support for high-risk offenders in the community. Similar outcomes have been reported from studies of COSAs in the U.s.