Chapter 7 - Post-Release 

In Effect

2024-01-02

Legislative Framework

Canadian Victims Bill of Rights, section 15.

Corrections and Conditional Release Act, sections 100, 100.1, 107, 101, 116(10), 124(3), 135, 136 and 138.

Corrections and Conditional Release Regulations, sections 147, 153 and 163.

Decision-Making Criteria and Process

1. Board members will assess all relevant available information in accordance with Policy 2.1 (Conditional Release Decision-Making) to determine whether the legal criteria for the decision under review are met.

Release Conditions

2. Guidance on imposing, varying and removing special conditions, as well as varying and relieving from compliance with standard conditions is provided in policies 6.1 (Release Conditions) and 6.2 (Statutory Release – Residency Condition).

Cancellation, Revocation and Termination Following a Suspension

Reviews following a Suspension of Parole or Statutory Release

3. In accordance with subsection 135(5) of the CCRA, the Board will review the case of an offender upon referral and:
   1. if the Board is satisfied that the offender will present an undue risk to society by re-offending before the expiration of their sentence according to law:
      1. terminate the parole or statutory release if the undue risk is due to circumstances beyond the offender’s control, or
      2. revoke it in any other case;
   2. if the Board is not satisfied that the offender will present an undue risk to society by re-offending before the expiration of their sentence according to law, cancel the suspension; or
   3. if the offender is no longer eligible for parole or entitled to be released on statutory release, cancel the suspension or terminate or revoke the parole or statutory release.
4. In determining whether the legal criteria are met, Board members should give particular consideration to whether the offender’s risk has changed since release and, if applicable, re-incarceration.
5. Board members will consider all relevant factors, including, but not limited to:
   1. the reasons for decision for the release, if applicable;
   2. the offender’s progress in addressing their risk factors and needs since release;
   3. the offender’s behaviour since release, including while unlawfully at large and since re-incarceration, if applicable;
   4. the history and circumstances of breaches of release conditions, suspensions or revocations during the current or previous periods of conditional release;
   5. documented occurrences of drug use, positive urinalysis results or failures or refusals to provide a sample since release;
   6. alternative measures implemented or proposed to manage the offender’s risk to re-offend;
   7. the release plan and community supervision strategies proposed for continuing the release; and
   8. the Parole Officer’s overall risk assessment and recommendation, including proposed release conditions.
6. When assessing information about the offender’s behaviour since release, Board members should consider any similarity to previous patterns of offending.

Terms of Cancellation

7. In accordance with subsection 135(6) of the CCRA, in cases where it cancels the suspension of an offender’s parole or statutory release, the Board may, if it determines that it is reasonable and necessary to do so in order to protect society or to facilitate the offender’s reintegration into society:
   1. reprimand the offender in order to warn them of the Board’s dissatisfaction with their behaviour since release;
   2. alter the release conditions; and/or
   3. delay the effect of cancellation for a period that does not exceed 30 days after the date of the Board’s decision. This order may only be made in cases where the offender’s breach of release conditions led to the current suspension and to the suspension of parole or statutory release on at least one previous occasion during the offender’s sentence.
8. In determining whether to reprimand the offender, which may include warning the offender about the consequences that may result if the behaviour continues, the Board should consider whether the offender’s behaviour is serious enough to raise concerns about a potential increase in the level of risk that the offender poses to society.
9. In determining whether to delay the effect of cancellation, the Board should consider whether the offender’s breach of conditions is serious enough to warrant intervention, but not serious enough to warrant a revocation of release.
10. Reasons for delaying the effect of cancellation may include, but are not limited to:
    1. investigating or finalizing a release plan that will assist in managing the offender’s risk upon re-release or facilitate the offender’s reintegration;
    2. allowing the offender to participate in an institutional program before re-release; or
    3. accommodating a delay in the offender’s acceptance to a program or a community-based residential facility.

Reviews following a Suspension of Long-Term Supervision

11. Guidance on reviews following the suspension of an offender’s long-term supervision is provided in Policy 8.2 (Offenders with a Long-Term Supervision Order).

Cancellation, Revocation and Termination without a Suspension

Cancellation of Unescorted Temporary Absences

12. Guidance on cancelling an unescorted temporary absence that was authorized by the Board is provided in Policy 3.1 (Temporary Absences).

Termination of Parole

13. Guidance on terminating parole in accordance with subsection 124(3) of the CCRA, based on information that could not have reasonably been provided at the time parole was granted, is provided in Policy 4.1 (Parole).

Direct Revocation and Termination of Parole or Statutory Release

14. In accordance with subsection 135(7) of the CCRA, where the Board is satisfied that the continued parole or statutory release of an offender would constitute an undue risk to society by reason of the offender re-offending before the expiration of their sentence according to law, the Board may, at any time:
    1. where the offender is no longer eligible for parole or to be released on statutory release, terminate or revoke the parole or statutory release; or
    2. where the offender is still eligible for parole or entitled to be released on statutory release:
       1. terminate the parole or statutory release, where the undue risk to society is due to circumstances beyond the offender’s control, or
       2. revoke the parole or statutory release, where the undue risk to society is due to circumstances within the offender’s control.
15. In determining whether the legal criteria are met, Board members should give particular consideration to whether the offender’s risk has changed since release.
16. Pursuant to subsection 135(9) of the CCRA, the Board will review its decision within the applicable timeframe and either confirm or cancel the termination or revocation.

Review Timeframes

17. Reviews following a suspension will be conducted within the applicable 90-day timeframe set out in subsection 163(3) of the Corrections and Conditional Release Regulations (CCRR), unless the offender requests a postponement.
18. Reviews following a termination or revocation under subsection 135(7) of the CCRA will be conducted within the 90-day timeframe set out in subsection 163(4) of the CCRR.
19. Guidance on postponing reviews is provided in Policy 10.4 (Postponements).

Hearings

20. Guidance on the requirement to conduct a hearing following a suspension, termination or revocation of parole or statutory release is provided in Policy 9.1 (Hearings).

Decision and Reasons

Release Conditions

21. Guidance on providing reasons for decision when imposing, varying and removing special conditions, as well as varying and relieving from compliance with standard conditions is provided in policies 6.1 (Release Conditions) and 6.2 (Statutory-Release – Residency Condition).

Reviews following a Suspension, Termination or Revocation and Direct Revocation and Termination Reviews

22. Guidance on providing reasons for decision is provided in Policy 2.1 (Conditional Release Decision-Making).
23. In cases where the Board cancels a suspension, the reasons for the decision will include whether:
    1. a reprimand is issued;
    2. the release conditions are altered; and/or
    3. the effect of cancellation is delayed, and if so, the reason for and length of the delay.

Cross-References

24. Decision-Making Policy Manual

    2.1 Conditional Release Decision-Making

    3.1 Temporary Absences

    4.1 Parole

    6.1 Release Conditions

    6.2 Statutory Release – Residency Condition

    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

    9.1 Hearings

    10.4 Postponements

25. Correctional Service of Canada Commissioner’s Directive (CD)

    CD 715-2 Post-Release Decision Process