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Supervised releases

Is it really possible to be released from prison or from a penitentiary after having served only 1/6 of the sentence? Yes, but it’s not that simple!

Offenders are not only convicted to denounce illegal behavior but also to protect society. That means that in preparation for their future release, offenders are encouraged to change their behaviour.

To help them do so, they are released under supervision and must usually comply with strict conditions. Failure to respect these conditions can send the offender back behind bars.

How does the system work?

First, there is a distinction that must be made between being held in a prison and being held in a penitentiary. A prison is under provincial authority whereas a penitentiary is under federal authority. An offender sentenced to less than 2 years must serve his time in prison; an offender sentenced to 2 years and more must serve his time in a penitenciary.

All decisions concerning conditional releases are taken by a Board or a comity specifically formed for that purpose. Each case is carefully examined. The seriousness of the act committed, the behaviour of the inmate and the risk that he represents to society are some of the factors taken into account. The opinion of the victim is also considered. Police forces are immediately contacted if the release is granted. They are informed of the conditions that must be respected so that they can provide adequate supervision.

The inmate detained in a prison

• An inmate may apply for a temporary absence after 1/6 of his sentence has been served to undertake a project in view of his full release. It could be looking for a job, volunteering or returning to school. Depending on the length of the sentence, the inmate makes a request either to the director of the prison or to the Commission québécoise des libérations conditionnelles (CQLC).
  
• When the sentence exceeds 6 months, the inmate becomes eligible for parole after having served 1/3 of his sentence. He does not have to file a request : his file is automatically examined by the CQLC but the authorization to be released is not automatically granted.

The inmate detained in a penitentiary

• The inmate may ask for permission to be released without supervision for a given amount of time after having served 1/6 of his sentence. He must have passed at least 6 months behind bars. For example, the inmate may wish to accomplish some volunteer work or visit a family member.
  
  
• The inmate may ask for "day parole":
  - 6 months or less before being eligible for "full parole"; or
  - After serving 1/6 of his sentence if he was convicted of a non-violent crime and it is his first time in a penitentiary.
  
  In both cases, the inmate must have served at least 6 months of imprisonment. “Day parole” allows the inmate to leave the penitentiary during the daytime but obliges him to return every night to his cell or halfway house.
  
  
• Normally, an inmate can ask for “full parole” after serving 1/3 of his sentence. It is also possible to make this request after 7 years of imprisonment. In some cases, such as when an inmate is convicted of murder, the waiting period to make this type of request is longer.
  
  
• After serving 2/3 of his sentence, an inmate is admitted to "statutory release". When that is the case, release is no longer considered a privilege but a right. As such, the inmate must have committed a very serious crime or there must be a very good reason for statutory release to be refused.

For more information on the subject, visit the websites of the Commission québécoise des libérations conditionnelles  (http://www.cqlc.gouv.qc.ca/) and of the National Parole Board  (http://www.npb-cnlc.gc.ca/).