Parole Board of Canada (PBC) Response to Board of Investigation recommendations - (Eli Ulayuk)
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Board of Investigation Status Report
Risk Assessment
| Recommendations | Outcome | Action Plan | Timeframe |
|---|---|---|---|
| (47) Risk assessment and analysis must focus on measurable, observable changes in behaviour as a result of programs and treatment, or over time, not just attendance at a program. PBC needs to clearly define what "successful" completion of programs and treatment means, and measures of change should be developed to indicate meaningful progress. (See Dr. Serin's report.) A similar recommendation has been made for CSC. | Changes to PBC policy documents will require Board members to assess the evidence of measurable and observable changes in the offender's behaviour and to consider the results and treatment gains of interventions. The development and implementation of enhanced training initiatives to support quality decision-making and respond to issues raised by the Board of Investigation. See Recommendation 55 |
Executive Committee review and approval of proposed policy changes | Complete |
| Modification, as required, to training | April 2006 | ||
| Implementation | May 2006 | ||
| (48) Risk assessment must more clearly focus on events in the entire case. In Life sentences and for offenders serving long sentences it is possible to lose sight of the index offence, the reasons for the sentence and the underlying motivation and problem behaviour of the offender as years pass, particularly when the offender is "a good inmate". There should be a more focussed and documented review of the events and patterns in the entire case, not just program participation or adaptations in the last few years. This should be a requirement in all Life sentences. | Changes to PBC policy documents will highlight the need for Board members to review the entire case when determining whether the release of the offender will constitute an undue risk to society and whether the release will contribute to the protection of society and facilitate the offender's reintegration. The development and implementation of enhanced training initiatives to support quality decision-making and respond to issues raised by the Board of Investigation. See Recommendation 55. |
Executive Committee review and approval of proposed policy changes | Complete |
| Modification, as required, to training | April 2006 | ||
| Implementation | May 2006 | ||
| (49) Where a revocation of a conditional release has occurred, PBC decision policies should require additional justification and rationale for any subsequent positive release decisions. Revocation of a conditional release, or escape, is recognized as a risk factor. This is included in current PBC policy as something to be considered generally as part of risk assessment, however, there should be a formal requirement to clearly justify the grant of a subsequent release following a revocation. | Changes to PBC policy documents will require Board members to assess the level of change in the offender since revocation and to analyze the behaviours and circumstances surrounding previous suspensions and revocations. The development and implementation of enhanced training initiatives to support quality decision-making and respond to issues raised by the Board of Investigation. See Recommendation 55. |
Executive Committee review and approval of proposed policy changes | Complete |
| Modification, as required, to training | April 2006 | ||
| Implementation | May 2006 | ||
| (50) Regardless of ethnicity, religion, or cultural background of an offender, the primary focus of PBC decision-making must be on risk to re-offend. The BOI commends PBC for recognizing the impact of culture on its decision-making. Sensitivity to culture is described in current PBC policy by incorporating it into the hearing process. However, where culture is considered in the analysis of an individual case, it should be more explicitly linked to risk and be part of the entire assessment. Attempts to address systemic racism, cultural inequities, healing and restorative justice should be a consideration only after it has been determined that risk in an individual case is manageable in the community. The hearing process, including specific cultural ceremonies and incorporating the use of cultural Advisors, should add to, but not drive, risk assessment. | Changes to PBC policy documents will emphasize that all decision-making policies apply equally whether or not the hearing is a cultural hearing. The development and implementation of enhanced training initiatives to support quality decision-making and respond to issues raised by the Board of Investigation. See Recommendation 55. |
Executive Committee review and approval of proposed policy changes | Complete |
| Modification, as required, to training | April 2006 | ||
| Implementation | May 2006 | ||
| (55) PBC Members should be provided with increased risk assessment training specifically focussed on violent sex offenders. Such training should include emphasis on the need to review the entire case, not just recent developments, especially for long-term offenders, and must focus on the index offence and previous violations of conditional release. PBC policy should also reinforce that good institutional behaviour is not an indicator of success on release. | The PBC established a number of working groups (internal and external experts) to enhance the training provided to Board members to support quality decision-making:
Changes to PBC policy documents will require Board members to assess the evidence of measurable and observable changes in the offender's behaviour and to consider the results and treatment gains of interventions. |
Pilot training materials for long-term and violent offenders and sexual offenders | April/May 2006 |
| Pilot training project on Inuit Perspectives | March 2006 | ||
| Executive Committee review and approval of proposed policy changes | Complete | ||
| Modification, as required, to training | April 2006 | ||
| Implementation | May 2006 |
Decision Format
| Recommendations | Outcome | Action Plan | Timeframe |
|---|---|---|---|
| (46) PBC should return to a more structured format to document PBC decisions. Risk assessment has become more complex and PBC decision policies are detailed. Increased focus should be required on those factors which are more strongly indicative of risk, in a format which channels the PBC Members to address specific areas. For example this could include reference to previous violations of conditional release or observed changes in behaviour as a result of programs*. This format may also assist PBC Members to structure and focus their study of the case prior to making a decision. | The development of a more structured decision-making model to assist Board members, during their training, to integrate the research evidence on risk assessment of re-offending into their decision-making. The development included a number of sub-projects such as a literature review and survey. Assistance to develop the model was provided by Dr. Ralph Serin at Carleton University. Research is being conducted on decision making competency that would be applied as part of Board members' training and assessment process. |
Literature review on decision making and judgement (2003/04) | Complete |
| A survey of Board members and the factors they use in parole decision making | Initiated in 2004/05 - expansion and analysis in progress | ||
| Results of the development and testing of a Structured Release Decision-Making Model. | April 2006 | ||
| The results of the research will provide new Board members with key information regarding decision making competency prior to their conducting panel hearings. | In progress | ||
| (from Dr. Serin's report) To have additional training and/or guidelines to ensure that Board members provide an articulated rationale when there is a reversal of a previous decision without an apparent change in the case. | |||
| (from Dr. Serin's report) Pilot a decision model to ensure standardization in documenting how members arrive at a decision. |
Psychological and Psychiatric Referrals
| Recommendations | Outcome | Action Plan | Timeframe |
|---|---|---|---|
| (from Dr. Serin's report) Need to revisit referral criteria for parole assessments to permit improved resource allocation. | The mandatory referral criteria for psychological assessments have been revised. | PBC and CSC agreed on the mandatory referral criteria for psychological risk assessments. | Complete |
| Issues related to psychiatric risk assessments are being reviewed. | May 2006 | ||
| Factors for Board members to consider when reviewing psychological risk assessments are being developed. | May 2006; |
Support to Board Members
| Recommendations | Outcome | Action Plan | Timeframe |
|---|---|---|---|
| (52) PBC should improve support for PBC Members in preparing cases for a decision. While additional resources have recently been provided to PBC to allow more time for PBC Members to review files, there are other organizational steps which could be taken to improve the efficiency of file review for risk assessment. It is recognized that PBC must still rely on hard copy paper files to a large extent until the electronic system is substantially improved. Recommended changes include: | |||
| Providing a chronology on every file of the significant events and decision points in the case. This would reinforce focus on the case as a whole instead of on recent events. This is particularly applicable to Life sentenced cases and longer sentences where there are multi-volume files. This has also been recommended for CSC; | The Board will work with CSC on the development of chronologies. | ||
| Reorganizing the current hard copy files. They are physically cumbersome to read and handle, have numerous copies of the same documents, and are cluttered with non-risk related administrative documents interspersed with important reports. For example, procedural safeguard checklists, draft decisions once completed and other administrative items could be kept in a separate appendix file; | Recommendations on reorganizing the PBC's hard copy conditional release files have been developed and internal consultation is occurring. | Review and approval by Executive Committee of the implementation plan to reorganize the PBC files. | May 2006 |
| Replacing the current file folders with something more user friendly and designed for easier access to documents. Therefore, the file which PBC Members review for decision would be more physically manageable and it would be easy to locate documents related to risk assessment. | Recommendations on reorganizing the PBC's hard copy conditional release files have been developed and internal consultation is occurring. | Review and approval of implementation plan to reorganize the PBC files to be presented to Executive Committee | May 2006 |
| (54) The Prairie Region of PBC should review the scheduling of hearings and case preparation time for PBC Members. Parole Board of Canada (PBC) has a resource formula which provides guidelines for the number of hearings per day, the amount of preparation time provided, and takes into consideration the amount of time required for travel to institutions. The formula has been revised in the last year and additional resources obtained to address the very heavy workloads for PBC Members. Additionally, management in the Prairie Region should review the practice of assigning PBC Members for a full week of hearings at a time, including travel. The number of cases assigned for a decision without a hearing ("paper cases") should also be reviewed as these are exceeding the standard workload expected of PBC Members. | Resources have been received to provide Board members with the time required and the training necessary to support quality decision-making. | To respond to the more complex needs with respect to decision-making, the average number of hearings completed by the Board each day has been reduced from 5 to 4. The number of staff that support Parole Board of Canada (PBC) decision-making has been increased through additional hearing officersFootnote 1 and case review staffFootnote 2 in each of the PBC's six regional offices. |
April 2006 |
| Additional time has also been set aside each year to enable Board members to participate in orientation and refresher training to ensure continued access to the latest research and information to support quality decision-making: Orientation training has gone from 15 to 25 days and refresher training (yearly) from an average of 15 days to 20 days. Specific modules include the addition of 2-day refresher course on cultural awareness (given every 2 years) and the development and delivery of training on risk assessment for women offenders (3 days initial training with regular refresher training). | April 2006 | ||
| Additional revitalization of Board member training is underway in the areas of: family violence; offenders serving long sentences; ethno-cultural offender groups; offenders with substance abuse and mental health problems. | April 2006 |
Critical Incident Stress Management
| Recommendations | Outcome | Action Plan | Timeframe |
|---|---|---|---|
| (56) PBC should establish procedures for Critical Incident Stress Management and ensure the procedures are communicated, actively offered and accessed in the PBC as needed. | Procedures for Critical Incident Stress Management have been established. | Critical Incident Stress Management awareness training sessions to be completed. | March 2006 |
| A Memorandum of Understanding and Service Contract have been ratified between Health Canada and PBC to provide Critical Incident Stress Management to PBC Board members and staff as part of the Employee Assistance Program. | Complete |
Quality of hearing tapes
| Recommendations | Outcome | Action Plan | Timeframe |
|---|---|---|---|
| (53) PBC must improve the quality of hearing tapes. Digital recording must be implemented as a standard practice. Transcripts of past hearings may be useful when PBC Members are preparing for subsequent hearings, or to verify information provided at hearings, and these should be prepared when required. The current hearing tapes are not useful in this regard. | The implementation of digital recording of all PBC hearings. | Digital recording is being implemented throughout PBC. | March 2006 |
Inuit People
| Recommendations | Outcome | Action Plan | Timeframe |
|---|---|---|---|
| (51) PBC should provide further information and training to PBC Members and staff in order for them to understand the historic and cultural differences between Inuit and Southern First Nations people. PBC is beginning to introduce a hearing model specifically for Inuit offenders. This will help to correct the systemic problem of assuming Inuit traditions are the same as Southern First Nations. Inuit culture does not share the spiritual tradition of First Nations, the role of the Elder, the significance of the Circle, or the experience of residential schools. Imposing the traditions of Plains Indians on Inuit offenders as part of the hearing process is not appropriate and should be further addressed. A more complete knowledge of Inuit culture and life experience could also lead to better assessment of the appropriateness of releasing an Inuit offender to an urban community. | To enhance quality decision-making for Inuit people. | To pilot a training project on Inuit Perspectives. | March 2006 |
| (57) CSC and PBC should expand training to staff and PBC Members related to Inuit culture and history, as distinct from First Nations. | See recommendation 51. | ||
| (58) CSC and PBC should develop an appropriate statistical risk assessment tool specifically for Inuit offenders. | The matter of developing a risk assessment tool specific to Inuit offenders falls under the lead responsibility of CSC. | ||
| (from Dr. Serin's report) PBC would benefit from having in-house subject matter expertise in the areas of risk appraisal, special populations, offender desistance | The Board has taken steps to respond to this recommendation. | The Board has hired a Research Officer to conduct and evaluate research, specific to the Board's needs in this and other areas. | Complete |
Information Gathering Protocols
| Recommendations | Outcome | Action Plan | Timeframe |
|---|---|---|---|
| (63) Constant education is required for the police, judges, and Crown Attorneys about the importance of providing all relevant information about offenders and offences to the CSC. The CSC and the PBC should be actively involved in educational programs for these officials, at all levels, and including at continuing-education conferences, and new member orientation courses. Cases such as Ulayuk's could be used to illustrate the point. | CSC lead. | ||
| (64) Protocols should be formalized between the CSC/PBC and the police and prosecuting authorities. This should be done at all levels, including at the Federal, Provincial, and Territorial ministerial level, as well as the regional and local levels. | CSC lead. | ||
| (66) The CSC/PBC should request Federal, Provincial, and Territorial legislators to consider appropriate new laws, similar to section 743.2 of the Criminal Code, that would also require police and prosecutors to provide CSC with information relevant to administering sentences. | CSC lead. | ||
| (67) The CSC/PBC should bring to the attention of the Minister of Justice of Canada the findings and recommendations of this BOI that deal with information sharing. | CSC lead. |
Future Boards of Investigation
| Recommendations | Outcome | Action Plan | Timeframe |
|---|---|---|---|
(70) CSC and PBC should improve the Board of Investigation process by:
|
Initiatives underway to improve the process include: | develop guidelines | May 2006 |
| prepare an information booklet and | Fall 2006 | ||
| revise training documentation. | Fall 2006 |
Monitoring and Implementing of Ulayuk recommendations
| Recommendations | Outcome | Action Plan | Timeframe |
|---|---|---|---|
| (71) The BOI recommends that after 12 months from receiving this report, an independent body or person be appointed to review the extent to which the recommendations set out in this report have been implemented by the CSC and the PBC. | Monitoring of progress is a standing item on the Executive Committee agenda. | Ongoing |
2006-02-28
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