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Offenders and Accused Persons

Conditional Release

An individual sentenced to serve time in a prison or penitentiary may be conditionally released into the community before his sentence ends. There are several types of conditional release, including parole, statutory release and escorted or unescorted temporary absences.

In this Infosheet, Éducaloi describes the different kinds of conditional release.

What is parole?

Parole is a type of conditional release. It is a measure that allows an inmate to serve part of his sentence outside a detention facility and within the community, subject to specific conditions. Inmates imprisoned in federal penitentiaries are granted or denied parole by the National Parole Board, while inmates serving time in provincial prisons are granted or denied parole by the Commission québécoise des libérations conditionnelles. The commissioners examine an inmate’s file after he has submitted a request for parole. Like a judge during a trial, the commissioners study the file, assess in particular the risk the inmate presents, and decide whether or not he can finish serving his sentence within the community.

Why do we grant parole or other kinds of conditional release to persons serving prison sentences?

The main purpose of a conditional release is to facilitate the offender’s reintegration into the community while ensuring that society is protected. In fact, studies have shown that a progressive, controlled release, coupled with support measures, facilitates the offender’s reintegration into the community and helps him become a law-abiding citizen. As a result, conditional release increases the security of the public.

When does an inmate become eligible for parole?

To answer this question, it is first important to know that there are two kinds of parole: day parole and full parole.

Day parole means the inmate must return to the detention facility or halfway house each evening, unless he has written permission allowing him to stay out. Day parole prepares the inmate for full parole.

Full parole means the individual does not have to spend the night in a detention facility or halfway house. However, he must provide his address to the parole supervisor and notify him of any change of address.

In general, an inmate is eligible for full parole after serving one-third of his sentence or seven years in prison, whichever is shorter.

An inmate can request day parole six months before becoming eligible for full parole, or after serving six months in prison, whichever is longer.

Naturally, not all inmates eligible for parole are automatically granted it. As mentioned above, it is up to the Board to grant or deny parole.

Can all inmates serving prison terms become eligible for parole?

Yes. However, the waiting period before becoming eligible for parole can vary in length, depending on the offence for which the person is imprisoned. For example, an individual sentenced to life imprisonment for a double murder in the first degree must serve 25 years before becoming eligible for parole. A person convicted of second-degree murder must serve between 10 and 25 years (depending on the sentence handed down by the judge) in prison before becoming eligible for parole.

What factors will the Board examine before granting parole?

The Board will assess the risk the offender presents to society if he is released. It must consider all the relevant information available and, in particular:

• the recommendations of the sentencing judge;
  
• information from the trial or the sentencing hearing;
  
• information obtained from the victims;
  
• information provided by the correctional authorities;
  
• information obtained from the inmate.

The Board will grant parole if it believes the chance that the offender will re-offend before the sentence expires is not an unacceptable risk for society, and that parole will facilitate the offender’s reintegration into society.

Is a parolee completely free?

No. An inmate on day or full parole must comply with the conditions of release imposed by the Board and, in particular:

• obey the law and keep the peace;
  
• meet regularly with a parole officer and report to the police;
  
• remain within Canada and the territorial boundaries fixed by the parole supervisor;
  
• advise the parole officer of any change of address or employment;
  
• inform the parole supervisor immediately on arrest or on being questioned by the police.

The Board can also prohibit the inmate from consuming drugs or alcohol, communicating with the victims, associating with known criminals, etc.

The inmate must comply with the conditions of release until the sentence imposed by the court has expired. For example, a person sentenced to life imprisonment must comply with the conditions of release and be supervised by a parole officer all his life.

The Board can revoke parole and return the inmate to prison if he breaches the conditions of his release.

Do the victims have a say in this process?

Yes. The information given by the victims is one of the things that the Board must consider when it makes a decision about a request for conditional release (see the question “What factors will the Board examine before granting parole?”).

Victims can make a statement at a hearing held before the National Parole Board (for offenders detained in federal penitentiaries) explaining the permanent effects of the offence on their lives and the fear that they have for their own safety or that of the community. The statement is made in person before the commissioners or recorded in an audio or videotape. The Board must also consider any requests made by the victims about the conditions of release that should be imposed on the offender to ensure the safety of the victims.

Victims cannot attend hearings before the Commission québécoise des libérations conditionnelles (for offenders detained in provincial prisons). However, they can send a written declaration to the Commission. This declaration describes the consequences of the criminal act on the victims’ lives, both at the time of the crime and at the time of the declaration.

Victims can also ask to be informed of:

• The date on which the offender will become eligible for conditional release;
• The conditional release of the offender;
• The conditions of his release;
• His destination;
• The end of his sentence;
• His escape, etc.

Some victims don’t even have to ask for this information; they will be automatically informed as long as their contact information remains up-to-date. This is the case for victims of domestic violence, sexual assault, and sexual contact with children.

The relevant forms are available on the website of the Ministry of Public Security  (http://www.msp.gouv.qc.ca/reinsertion/reinsertion_en.asp?txtSection=commqueb&txtCategorie=publicat).

Do inmates who are not granted parole have to serve their entire sentence in prison?

No. Most inmates who are not granted parole obtain a statutory release.

Statutory release means that an inmate is automatically entitled to be released after serving two-thirds of his sentence. An individual who is statutorily released must also comply with conditions of release while serving the remaining third of his sentence within the community.

Some inmates are not entitled to this right, such as those serving a life sentence, those serving an indefinite term, and those inmates the Board decided must serve their entire sentence in prison.

Can an inmate be temporarily released from prison to receive medical treatment or attend a funeral?

An inmate may be released with or without an escort in certain cases.

An escorted temporary absence is short-term parole for medical, administrative, family contact, compassionate, training or community service reasons. An inmate can request this type of parole at any moment during his incarceration. The penitentiary warden will release the inmate provided a correctional services employee or another person escorts him.

The warden may impose conditions on the release. Permission for escorted temporary absences is granted for a maximum of 5 or 15 days. It may be for an indefinite period if granted for medical reasons.

An unescorted temporary absence is another kind of short-term parole within the community. A correctional services employee, however, need not accompany the inmate while away from the detention facility.

The Board grants this type of release for the same reasons as it would allow an escorted temporary absence: medical, administrative, family contact, compassionate, etc. Most inmates in federal penitentiaries become eligible for this type of release after they have served one-sixth of their sentence or six months in prison. “Maximum security” inmates may not be released without an escort.

The number and length of unescorted leaves varies according to the reason given for the request and the offender’s classification as minimum or medium security.

An individual is bound to comply with conditions of release similar to those imposed during parole or statutory release the entire time he is on an unescorted release.

Note that the provincial authorities determine who is eligible for temporary absences for offenders serving sentences of less than two years in provincial detention facilities.

I heard on the radio that some offenders are released after serving one-sixth of their sentence. Is this true?

In Quebec, individuals serving sentences of less than two years in provincial detention facilities are eligible for the Programme d'encadrement en milieu ouvert (PEMO) under certain conditions. They must have served one-sixth of their sentence, meet the temporary leave and program criteria, and demonstrate a real ability to change and behave responsibly.

An individual who participates in a PEMO is released, but is supervised by an officer and must follow steps aimed at reintegration into the community. They must also abide by certain conditions, such as returning home at set hours, meeting with the officer every two weeks, reporting to the police, actively looking for employment, participating in a training program or working as a volunteer.

Who is responsible for supervising individuals who are conditionally released?

Corrections Canada   (http://www.csc-scc.gc.ca/text/index-eng.shtml)is responsible for supervising individuals who have served time in a federal facility and were released. Individuals detained in a provincial facility fall under the supervision of the Direction de l’évaluation et des services en milieu ouvert.

The parole supervisor must monitor the offender and support him with measures aimed at reintegrating him into the community. He schedules meetings with the offender and gives him instructions. The supervisor can control and check up on the offender’s movements by contacting the police, going to his home or his workplace, or through regular contact with one of his family members, friends or employer.

An inmate can be reincarcerated if he breaches any of the release conditions or commits another offence.