Chapter 2 - Conditional Release Decision-Making

In Effect

2024-01-02

Legislative Framework

Canadian Victims Bill of Rights, section 15.

Corrections and Conditional Release Act, sections 100, 100.1, 101 and 140(10.1).

Assessment Process

1. Using the Structured Decision-Making Framework, as outlined in this policy, Board members will assess all relevant available information in accordance with paragraph 101(a) of the Corrections and Conditional Release Act (CCRA) to determine whether the legal criteria for the decision under review are met.
2. Guidance on information standards is provided in Policy 1.1 (Information Standards for Conditional Release Decision-Making).
3. Board members will apply the assessment process when conducting conditional release reviews.
4. In accordance with paragraph 101(c) of the CCRA, in achieving the purpose of conditional release, the Board makes the least restrictive determinations that are consistent with the protection of society.
5. Guidance on the legal criteria and additional considerations specific to each type of conditional release review is provided in policies 3.1 (Temporary Absences), 4.1 (Parole), 5.1 (Detention), 6.1 (Release Conditions), 6.2 (Statutory Release – Residency Condition), 6.3 (Leave Privileges), 7.1 (Post-Release), 8.1 (Offenders with an Indeterminate Sentence as a Result of a Dangerous Offender or Dangerous Sexual Offender Designation), 8.2 (Offenders with a Long-Term Supervision Order), 8.3 (Provincial/Territorial Offenders) and 8.4 (Removal Orders, Extradition and Voluntary Departure).

Structured Measures of the Risk to Re-Offend

6. Structured measures that predict violent behaviour, sexual offending, family violence and general re-offending should be used in accordance with the purpose for which they were developed and for groups of offenders on which they have been validated.

Risk-Related Domain Areas

7. Board members should assess all relevant factors within the following risk-related domain areas to determine whether they have an aggravating, mitigating or neutral effect on the offender’s risk to re-offend:
   1. criminal and conditional release history;
   2. self-control;
   3. programming;
   4. institutional and community behaviour;
   5. personal change;
   6. release plan; and
   7. case-specific factors.

Discordant Information

8. Board members will consider discordant information during their assessment, including where the structured measures of the risk to re-offend, the clinical judgment and/or the Parole Officer’s assessment yield different recommendations.

Systemic and Background Factors

9. Board members will consider any systemic and background factors that may have contributed to the offender’s involvement in the criminal justice system, in particular when reviewing the case of an Indigenous or Black offender.

Offender Representations

10. In accordance with paragraph 101(a) of the CCRA, Board members will consider relevant information obtained from the offender in writing or at the hearing, if applicable.

Information from Victims

11. Pursuant to paragraph 101(a)and subsection 140(10.1) of the CCRA, and section 15 of the Canadian Victims Bill of Rights, the Board will consider relevant available information from victims, including victim statements.
12. Guidance on considering information from victims is provided in Policy 1.2 (Information from Victims).

Alternative Culturally Appropriate Community Interventions

13. If applicable, when reviewing the case of an Indigenous offender, Board members will consider alternative culturally appropriate community interventions.

Decision and Reasons

14. In accordance with paragraph 101(e) of the CCRA, to ensure a fair and understandable process, Board members will provide reasons for decision that summarize relevant information, their overall findings and assessment of the offender’s risk to re-offend, and the rationale for their decision.
15. A reasonable decision is transparent, explains how the decision was reached and provides a clear rationale.
16. The reasons for decision will include:
    1. the type of decision and the legal criteria for the review;
    2. a summary of the structured measures of the risk to re-offend, if applicable;
    3. an analysis of all relevant factors within the risk-related domain areas, including whether they have an aggravating, mitigating or neutral effect on the offender’s risk to re-offend;
    4. an analysis of the offender’s representations, if applicable;
    5. an overview of the victim statement(s), if applicable;
    6. an analysis of discordant information of importance, if applicable;
    7. a concluding assessment of whether or not the legal criteria for the decision are met;
    8. any release condition imposed, varied, removed, or from which the offender has been relieved from compliance, if applicable. Refer to the “Decision and Reasons” section of Policy 6.2 (Statutory Release – Residency Condition) for guidance on residency conditions imposed on statutory release, except where statutory release is ordered following a period of detention, and Policy 6.1 (Release Conditions) for additional guidance on all other release conditions; and
    9. any leave privileges, if applicable. Refer to the “Decision and Reasons” section of Policy 6.3 (Leave Privileges) for additional guidance.
17. Board members will demonstrate consideration of any systemic and background factors that may have contributed to the offender’s involvement in the criminal justice system.
18. If applicable, for decisions involving an Indigenous offender, Board members will demonstrate consideration of alternative culturally appropriate community interventions.

Cross-References

19. Decision-Making Policy Manual

    1.1 Information Standards for Conditional Release Decision-Making
    1.2 Information from Victims
    1.3 Psychological and Psychiatric Assessments
    1.4 Disclosure of Information to Offenders
    3.1 Temporary Absences
    4.1 Parole
    4.1.1 Parole by Exception
    5.1 Detention
    6.1 Release Conditions
    6.2 Statutory Release – Residency Condition
    6.3 Leave Privileges
    7.1 Post-Release
    8.1 Offenders with an Indeterminate Sentence as a Result of a Dangerous Offender or Dangerous Sexual Offender Designation
    8.2 Offenders with a Long-Term Supervision Order
    8.3 Provincial/Territorial Offenders
    8.4 Removal Orders, Extradition and Voluntary Departure
    Annex D Accelerated Review