Homicide, sex, robbery and drug offenders in federal corrections: an end-of-2008 review

In order to complete this study, a template created by Larry Motiuk and Ben Vuong, the investigators who produced the end-of-2004 Homicide Report was used. Most of the statistics included in this study are based on those published in previous reports. The author thanks Brian Grant and Rick Ruddell for their editorial insight and suggestions on how to update and extend this report. Thanks also to Collette Cousineau, who extracted data from the Offender Management System (OMS) to complete this research.

Keywords: Population Trends, Serious and Violent Offenders

One of the challenges confronting all Correctional Services in recent years is the effective management of offender populations. It has long been recognized that the demographic and offence-related characteristics of these populations influence institutional conduct as well as the safe transition of offenders to the community. As the characteristics of offenders and populations change, it creates the need to develop or refine correctional interventions to best respond to the needs and risks of these offenders. For example, an increase in the number of offenders admitted to prison with drug-related offences may indicate the need to develop and offer more addictions or substance-abuse programs. Moreover, an increase in the number of offenders sentenced with violent offences is typically associated with higher levels of institutional misconduct. As a result, it is important to monitor changes in the offender population.

This study provides an overview of offenders convicted of homicide, sexual, robbery and drug-related offences on December 31, 2008. Of the 22,445 offenders under the supervision of the Service on that date, 5,540 had been convicted of a homicide offence, 3,154 were sexual offenders, 6,276 had a conviction for robbery, and 6,433 offenders had been convicted of a drug-related offence.

In terms of population trends, the number of offenders sentenced on a homicide offence increased by 18% in the ten years prior to December 31, 2008. Part of this increase is because offenders convicted of first- and second-degree murder will remain under correctional supervision for the remainder of their lives. The number of sexual offenders, by contrast, decreased 14% during that same era, and this may be due to a decrease in the number of these offences reported to the police in the past decade (Dauvergne & Turner, 2010). The number of CSC offenders convicted of a robbery offence followed a similar trend, having decreased 8% from 1998 to 2008. However, during the same time period, the number of offenders who had been sentenced on a drug-related offence increased by 18%.

Over the past ten years for which data are reported, there were a number of noteworthy changes in the management of these offenders. First, the number of homicide and drug offenders supervised in the community increased by 431 (+25%) and 117 (4%) respectively, while there were fewer offenders from the other groups who had been conditionally released: sex offenders (-268; -22%) and those convicted of robbery (-490; -18%), In addition, more offenders were placed in maximum security units in 2008 compared to 1998. In 2008, homicide (31%) and robbery (29%) offenders were more often housed in maximum security units than drug and sexual offenders (23% each). Last, the proportion of offenders released at their statutory release date (SR) had increased for all offence types, particularly for robbery offenders (50% in 1998 versus 63.1% in 2008).

Altogether, there have been some significant changes in the characteristics of the federal offender population. These changes have resulted in a number of operational changes to better manage the risks that these offenders might pose in either institutions or the community. Basing these operational changes on the latest information about the offender population will enable the Service to focus on the safe transition of these offenders to the community.

Examining changing trends in correctional populations is important for forecasting institutional populations, planning correctional interventions (e.g., an increase in the number of sex offenders will require additional rehabilitative programs for this population), to aid non-governmental organizations working with offender populations, as well as for academic research. The Correctional Service of Canada (CSC) publishes yearly reports on the profile of the federal inmate population (i.e., Gileno & Grant, in press). The changing offender profile reports on various characteristics of the incarcerated population (e.g. sentencing, criminal history, risk) and presents information about these features over time. Recent research has also examined the changing profile of offenders under community supervision who are living in community based residential facilities operated by CSC (see Abracen, Axford, & Gileno, in press). These reports aid in monitoring the characteristics of the existing population and in describing the changes over a period of time.

The changing offender profile (Gileno & Grant, in press) also examines the trends in major offences on sentencing (homicide, robbery, sex or drug offences) for all offenders in custody. From 1997 to 2008, convictions for homicide and drug-related offences had increased, while convictions for robbery and sexual offences had decreased significantly. The profile, however, does not offer separate descriptive analyses for homicide, drug, robbery and sex offenders above counts and proportions. This study responded to that gap in the literature by examining the demographic and offence-related characteristics of offenders who had at least one conviction for a homicide, sexual, robbery, or drug-related offence in their criminal history.

In Canada, crimes classified as homicide include first- and second-degree murder, manslaughter and infanticide. Deaths caused by criminal negligence, suicide, accidental or justifiable homicides are not included. Homicides represent about 0.1% of all violent crimes, and the Canadian Centre for Justice Statistics currently reports homicide statistics from 1961 to monitor the extent and trends of such offences. In 2008, the homicide rate in Canada was 1.8 per 100,000 residents in the population, which was approximately one-third the U.S. rate (Li, 2008). Sex offences accounted for 5.2% of all violent crime in 2008 (Wallace, 2009), and then dropped the following year (Dauvergne & Turner, 2010). Crimes classified as 'sex offences' include sexual assault level 1, sexual assault with a weapon or causing bodily harm, aggravated sexual assault, and sexual offences involving children.

Dauvergne and Turner (2010) reported that there are about 32,000 robbery offences per year in Canada and that it is the third most reported violent crime (p. 16). For the purposes of this report, crimes classified as robbery included: armed robbery and robbery with violence, threats or use of a weapon. Break and enter with intent to commit robbery, however, was not included in the analyses that follow. Robberies represent 7.3% of all violent crimes (Wallace, 2009), and criminal justice agencies regularly collect and report robbery statistics to monitor the extent of these offences and emerging trends. Last, crimes classified as drug-related offences include those under the Food and Drug Act (FDA) and the Controlled Drugs and Substances Act (CDSA), for example possession and trafficking. Drug offences are considered non-violent crimes.

This report summarizes Offender Management System (OMS) data gathered on homicide, sex, robbery and drug offenders in federal corrections, both in custody and under community supervision, following the basic format last used by Motiuk and Vuong (2005). The OMS is an administrative database maintained by the Correctional Service of Canada (CSC) and includes information on all offenders under federal jurisdiction. These end-of-2008 data reflect the number of offenders sentenced to these types of crimes and who are now under federal jurisdiction. The statistical profiles generated in this report provide information about offence characteristics, security level, release status, as well as the regional placement of these offenders. Comparisons are made with end-of-1998 figures to establish ten-year trends. Descriptive statistics in relation to the demographic characteristics of offenders such as gender, age, and ethnicity are also provided. For the first time, descriptive statistics are also given in relation to drug offences (by type).

As of December 31st, 2008 there were a total of 22,445 federal offenders in custody and under community supervision. Selection criteria used to define the current federal offender population excluded the following Offender Management System (OMS) categories: offenders who were deceased, on bail, whose sentence was completed, those who were unlawfully at large, and temporary detained (e.g., held by another jurisdiction).^{Footnote 1} For consistency with previous reports, data on offenders released on Long Term Supervision Orders were not included in the analyses. For the trend analyses, the sample was compared to the offender population from 1998 (n=22,485).

Data on release type, security level, region, offender demographics and the nature of the offences (where appropriate) were collected from the OMS. This report is based on previously published CSC Homicide, Sex, Robbery and Drug Offenders in Federal Corrections reports (see Motiuk & Vuong, 2005). The structure and formatting has been extensively updated in this version of the report, though a majority of the content and analyses are the same. The Results section is broken down by the four major offence types on sentencing (homicide, sex, robbery and drug offences). If an offender was convicted and sentenced for more than one offence type for the current sentence, he or she would be represented in more than one category. For example, if the current sentence included a conviction for a drug offence and a robbery offence, the offender would be counted in the drug and robbery categories. This approach allows all of the major offences on sentences to be represented in the analyses, not allowing for 'masking' of the lesser offences (i.e., drug offences) by the more serious offences (i.e., sexual offences). This strategy provides a more comprehensive overview of the frequency of the different offence types.

All analyses are descriptive in nature. Counts and proportions are reported in each section with comparisons to the overall offender population from 2008. Trends in the overall frequency of the offence types are described by reporting proportional changes from 1998 to 2008. The statistics reported are for descriptive purposes and are designed to track changes over time. There were no specific quantitative analyses conducted on the counts or proportions reported. Appendix C contains the totals and percentages from 1998 to 2008 for every descriptive comparison included in the results.

Most offenders are returned to the community on some form of conditional release during their sentence. The Corrections and Conditional Release Act (1992) outlines the various forms of conditional release including day parole, full parole and statutory release, and related eligibility dates. Most offenders are eligible for day parole six months prior to full parole eligibility^{Footnote 2} and are required to return to an institution or halfway house nightly. Full parole eligibility is set at one-third of an offender's sentence in most cases^{Footnote 3}, and the offender must report to a parole officer regularly. For both parole types, an offender must apply to the Parole Board of Canada (PBC) for release; it is not granted automatically.

Most federal offenders are lawfully required to be released at two-thirds of their sentence. This is called statutory release (SR) and there is no requirement to apply to the PBC as this release type is automatic. However, an offender may be detained by PBC until warrant expiry (i.e. at the end of his or her sentence) in cases where it is believed that the offender is likely to cause serious harm to another person if released.

A review of CSC's offender management system yielded a total of 5,540 homicide offenders under federal jurisdiction comprising almost one-quarter(24.7%) of the total federal offender population.

Gender

The majority of homicide offenders were men (95.3%, n=5280). There were 260 (4.7%) cases of a woman offender for whom a homicide offence was listed.

Age

The average age of homicide offenders under federal jurisdiction was 46 years (SD=13.3). The oldest was 97 years old and the youngest was 19 years of age. The average age of homicide offenders at admission was 34 years (SD=11.4). The oldest admitted was 85 years old and the youngest was 15 years of age.

Ethnicity

The majority of homicide offenders (68.1%) were Caucasian. In a comparison of the size of homicide offenders in each ethnic group with the proportion of offenders in the general population, there were a larger proportion of Aboriginal and Asiatic homicide offenders relative to their representation of all federal offenders (Table 1).

There were 3,406 homicide offenders supervised in CSC institutions comprising more than one-quarter (26.4%) of the federal incarcerated population. Table 2 presents the breakdown of homicide offenders by institutional security level. Approximately half (50.4%) of all incarcerated homicide offenders were housed in medium security institutions.

The remaining 38.5% (n= 2,134) of homicide offenders were supervised on conditional release, comprising more than one-fifth (22.4%) of the federal conditional release population. Almost three quarters (74.0%) of these offenders were on full parole. It should be noted that homicide offenders sentenced to life are not entitled to statutory release (SR), therefore the proportion of homicide offenders on SR reflects offenders sentenced prior to 1976^{Footnote 4}, and this percentage is unlikely to fluctuate much.

The Ontario and Quebec regions have the most homicide offenders, each being responsible for slightly more than one quarter of the homicide offender population. In a comparison of the proportion of homicide offenders in each region with the proportion of general offenders, the Quebec, Ontario and Pacific regions have more homicide offenders relative to their proportion of all federal offenders.

The end-of-2008 homicide offender population has increased relative to the end-of-1998 homicide offender population - particularly those under community supervision. Over the ten-year period from 31 December 1998 to 31 December 2008 the total homicide offender population increased by 18.0%. The homicide offender population in institutions increased by 13.8% and the homicide offender population under community supervision increased by 25.3%. The relatively large increase in homicide offenders in the community after 1998 may, in part, be due to legislative changes that occurred in 1976. Offenders convicted of first degree murder after 1976 would not have been eligible for parole until after 1998. Young, Broom and Ruddell (in press) reported that this population has been growing and will continue to grow as the number of life sentenced offenders added to the federal system outpaces those who die.

Table 5 presents the counts and proportions of homicide offenders by actual conviction. The majority (58.6%) of homicide offenders were convicted of second degree murder. Notably, there were no offenders serving a sentence for infanticide as of year-end 2008.

A review of CSC's offender management system yielded a total of 3,154 sex offenders under federal jurisdiction comprising 14.0% of the total federal offender population^{Footnote 5}.

Gender

The majority of sex offenders listed were men (99.3%, n=3,132). There were 22 (0.7%) cases of a woman offender for whom a sex offence was listed.

Age

The average age of sex offenders under federal jurisdiction was 46 years (SD=12.9). The youngest was 18 years of age. The average age of sex offenders at admission was 41 years (SD=12.6). The oldest sex offender was admitted at 90 years of age and the youngest was 15 years old.

Ethnicity

The majority of sex offenders (68.2%) were Caucasian. In a comparison of the proportion of sex offenders in each ethnic group with the proportion of general offenders, there was a larger proportion of Aboriginal sex offenders relative to their proportion of all federal offenders (Table 6).

There were 2,179 sex offenders incarcerated in CSC institutions comprising approximately one-sixth (16.9%) of the federal incarcerated population. Table 7 presents the breakdown of sex offenders by institutional security level. More than half (60.9%) of all incarcerated sex offenders were housed in medium security institutions. Very few were in minimum security institutions (16.2%).

The remaining 30.1% (n=975) of sex offenders were supervised on conditional release, comprising 10.2% of the federal conditional release population. Almost two-thirds (65.0%) of these offenders were on statutory release (Table 8).

The Quebec, Ontario and Prairie regions have the most sex offenders, each being responsible for roughly one-quarter of the sex offender population. In a comparison of the proportion of sex offenders in each region with the proportion of all federal offenders, the Quebec and Prairie regions have more sex offenders relative to their representation of all federal offenders (Table 9).

The end-of-2008 sex offender population has decreased relative to the end-of-1998 sex offender population - particularly thoseon conditional release. Over the ten-year period from 31 December 1998 to 31 December 2008 the total sex offender population decreased by 14.2%. The sex offender population in institutions has decreased by 10.4% and the sex offender population under community supervision decreased by 21.6%

As of 31 December, 2008, there were a total of 6,276 robbery offenders under federal jurisdiction comprising more than one-quarter (28.0%) of the total federal offender population.

Gender

The majority of robbery offenders were men (96.8%, n=6072). There were 204 (3.2%) woman offenders for whom a robbery offence was listed.

Age

The average age of robbery offenders under federal jurisdiction was 38 years (SD=11.5). The oldest robbery offender was 92 years old and the youngest was 18 years of age. The average age of robbery offenders at admission was about 34 years (SD=10.0). The oldest robbery offender admitted was 72years old and the youngest was 17 years of age.

Ethnicity

The majority of robbery offenders (71.0%) were Caucasian. In a comparison of the size of the robbery offenders in each ethnic group with the proportion of general offenders, there were a larger proportion of Caucasian and Aboriginal robbery offenders relative to their representation of all federal offenders (Table 10), but the over-representations are small.

There were 4,106 robbery offenders in CSC institutions comprising almost one-third (31.8%) of the total federal incarcerated population. Table 11 presents the breakdown of robbery offenders by institutional security level. The majority (61.2%) of all incarcerated robbery offenders were housed in medium security institutions. Very few were in minimum security institutions (9.9%).

The remaining 34.6% (n=2,170) of robbery offenders were supervised on conditional release, comprising almost one-quarter (22.7%) of the total federal conditional release population. Almost two-thirds (63.1%) of these offenders were on statutory release (Table 12).

The Quebec and Ontario regions have the most robbery offenders, each being responsible for slightly less than one-third and one quarter of the robbery offender population, respectively. In a comparison of the proportion of robbery offenders in each region with the proportion of general offenders, the Quebec region has more robbery offenders relative to their representation of all federal offenders (Table 13).

The end-of-2008 robbery offender population has declined relative to the end-of-1998 robbery offender population - particularly those on conditional release. Over the ten-year period from 31 December 1998 to 31 December 2008 the total robbery offender population decreased by 8.4%, the robbery offender population in institutions decreased by 2.0% and the robbery offender population under community supervision decreased by 18.4%.

There was a total of 6,433 drug offenders under federal jurisdiction comprising more than one-quarter (28.7%) of the total federal offender population.

Gender

The majority of drug offenders were men (93.7%, n=6030). There were 403 (6.3%) woman offenders for whom a drug offence was listed.

Age

The average age of drug offenders under federal jurisdiction was 38 years (SD=11.1). The oldest drug offender was 84 years old and the youngest was 19 years of age. The average age of drug offenders at admission was about 36 years old (SD=10.3). The oldest drug offender admitted was 76years old while the youngest was 17years of age.

Ethnicity

The majority of drug offenders (72.2%) were Caucasian. In a comparison of the size of drug offenders in each ethnic group with the proportion of general offenders, there was a somewhat larger proportion of Caucasian and Black drug offenders relative to their representation of all federal offenders (Table 14).

There were 3,277 drug offenders incarcerated in CSC institutions comprising one-quarter (25.4%) of the federal incarcerated population. Table 15 presents the breakdown of drug offenders by institutional security level. The majority (60.7%) of all incarcerated drug offenders were housed in medium security institutions.

The remaining 49.1% (n=3,156) of drug offenders were supervised on conditional release, comprising one-third (33.1%) of the federal conditional release population. Slightly less than half (47.5%) of these offenders were on full parole. The majority of the remaining supervised drug offenders (36.2%) were on statutory release (Table 16).

The Quebec region has the most drug offenders, being responsible for slightly less than one-third (29.7%) of the drug offender population. In a comparison of the size of drug offenders in each region with the proportion of general offenders, the Quebec region has more drug offenders relative to their representation of all federal offenders (Table 17).

The end-of-2008 drug offender population has increased relative to the end-of-1998 drug offender population - particularly in custody. Over the ten-year period from 31 December 1998 to 31 December 2008 the total drug offender population increased by 18.3%, the drug offender population in institutions increased by 36.7% and the drug offender population under community supervision increased by 3.8%.

Note that the 'Nature of Offence' data represent all drug offences by an offender. For example, if an offender was convicted of possession, and possession for the purpose of trafficking, he or she would be represented in both the possession and trafficking categories (See Appendix B for a description of the drug offence categories). There were 7,935 total convictions for a drug offence. Table 18 presents counts and proportions of specific drug offences. The majority of drug convictions were for trafficking (56.4%), with possession being the second most common drug conviction (31.8%).

More than 95% of offenders serving a federal sentence have at least one conviction for a homicide, sex, robbery, or drug offence. It is important, therefore, to examine changes and trends in this correctional population in order to develop appropriate and directed programming to assist in their safe transition to the community. Furthermore, these statistics are also relevant to those who are forecasting correctional populations, academic researchers, members of non-governmental organizations, and the public.

Several findings about CSC population trends are noteworthy. First, the robbery offender population has been decreasing steadily over the last ten years, while the population of homicide offenders has been growing. The drug offender population increased in the late 1990s, decreased slightly in the early 2000s, and then increased again from 2005 to December 31, 2008 (see Appendix A for a figure showing the ten-year trends). The sex offender population, by contrast, peaked in 1998 and has been declining with the exception of a slight increase from 2006 to 2008. Proportionately, sex and robbery offenders now comprise less of the total federal offender population since 1998, while the proportions of homicide and drug offenders are increasing.

Changes in the CSC in-custody and community populations may be due to several factors including crime trends, victim reporting practices, police discretion and priorities, and amendments to legislation, or some interaction of these factors. The increases reported in sex offender populations from 2005 to 2006 do, in fact, correspond to certain legislative changes (i.e., laws that were enacted to protect children), however the importance and relevance of this relationship requires more extensive research. The homicide population is unique in that the population carry-over from year to year will generally be greater than for any other offence type. First-degree murder convictions, for example, carry a mandatory indeterminate sentence. Therefore the yearly number of homicide offenders released from federal incarceration/supervision will be less than the yearly number of offenders admitted to federal custody with new homicide offences. Young and colleagues (in press) reported, for instance, that the number of Lifers in the CSC grew by almost 100 offenders per year from 1998 to 2008.

High numbers of homicide offenders may inflate other offence categories, as homicide offenders who have a concomitant drug, robbery, or sex offence on sentencing would be represented in these other categories for as long as he or she is serving an indeterminate or life sentence.

The addition of offence categories for drug offenders in this publication may benefit future reporting and analyses of trends, while the 10-year-trend graph included in the Appendix gives a concise representation of general offence trends over time.

There are a number of limitations that must be taken into account when using these data. First, some caution must be taken when comparing offender data from prior to 1993 as the Correctional Service of Canada had previously used a different data management and retrieval system, and the population totals were derived in a different manner. Second, legislative changes can lead to changes in correctional populations independent of offender involvement in crime. The introduction of consecutive sentences for certain types of offences (e.g., involvement in activities of a criminal organization) can lead to some offenders serving longer sentences. Last, data retrieved on different dates produces different population totals: for example, the number of offenders reported for December 31 may not match with the total for January 1, given that some offenders may be admitted, discharged, or die in that one day period.

Despite these limitations, the results reported above shed light on trends within the CSC offender population. In addition to internal use (e.g., to help forecast future institutional and community populations of offenders as well as predicting the need for different correctional interventions), it is a goal of the Research Branch that other CSC stakeholders, including investigators from non-governmental organizations as well as the academic community, will be able to use these data in their research.

Abracen, J., Axford, M. & Gileno, J. (In Press). Changes in the profiles of offenders populations residing in community facilities: 1998 and 2008. Ottawa, ON : Correctional Service of Canada.

Corrections and Conditional Release Act, S.C. 1992, c.20.

Dauvergne, M. & Turner, J. (2010). Police reported crime statistics in Canada, 2009. Ottawa, ON: Statistics Canada.

Gileno, J., & Grant, B. (in press). The changing profile of the federal inmate population 1997-2008. Ottawa, ON: Correctional Service of Canada

Li, G. (2008). Homicide in Canada, 2007. Ottawa, ON: Statistics Canada.

Motiuk, L. L., & Vuong, B. (2005). Homicide, sex, robbery, and drug offenders in federal corrections: An end-of-2004 review. Ottawa, ON: Correctional Service of Canada.

Wallace, M. (2009). Police-reported crime statistics in Canada, 2008. Juristat, 29, 3. Ottawa, ON: Statistics Canada.

Young, M., Broom, I., & Ruddell, R. (in press). Offenders serving life and indeterminate sentences: Snapshot (2009) and changing profile (1998 to 2008). Ottawa, ON: Correctional Service of Canada.

Figure A 1. Number of Federal Offenders with Homicide, Sex, Robbery and/or Drug Offences from 1998 to 2008

Possession offences include: Possession of a Narcotic; Possession of a Restricted Drug; Possession of a Schedule (I, II, III) Substance.

Trafficking offences include: Trafficking in a Narcotic; Possession of a Narcotic for the Purpose of Trafficking; Trafficking in a Controlled Drug; Possession of a Controlled Drug for the Purposes of Trafficking; Trafficking in a Restricted Drug; Possession of a Restricted Drug for the Purposes of Trafficking; Trafficking in a Schedule (I, II, III, IV, VII) Substance; Possession of a Schedule (I, II, III, IV, VII) Substance for the Purposes of Trafficking.

Import/Export offences include: Import/Export Narcotic; Import/Export Schedule (I,II, III, IV, V) Substance; Possession of a Schedule (I, II, III, IV, V) Substance for Export

Cultivation/Production offences include: Cultivate Marihuana/Opium; Production of a Schedule (I, II, III, IV) Substance; Production of Cannabis

'Other' offences include: Fail to Disclose Previous Prescriptions; Possession of Property Obtained in the Trafficking of Controlled Drugs; Possession of Property Obtained in the Trafficking of Restricted Drugs; Import/Export Material Prominent in Illegal Drug Use; Obtaining a Schedule (I, IV) Substance.