Chapter 6 - Release Conditions

In Effect

2024-01-02

Legislative Framework

Canadian Victims Bill of Rights, section 15.

Corrections and Conditional Release Act, sections 100, 100.1, 101, 133, 134, 134.1, 134.2 and 140(10.1).

Corrections and Conditional Release Regulations, sections 147, 161 and 162.

Statutory Release Residency Condition

1. Guidance on statutory release residency conditions is provided in Policy 6.2 (Statutory Release – Residency Condition).

Decision-Making Criteria and Process

2. 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 imposing, varying or removing special condition , as well as varying or relieving an offender from compliance with standard conditions, are met.
3. In accordance with subsections 133(3) and 134.1(2) of the CCRA, the Board may impose any special condition on the unescorted temporary absence (UTA), parole, statutory release or long-term supervision of an offender that it considers reasonable and necessary in order to protect society and to facilitate the offender’s successful reintegration into society. This may include imposing a residency condition on the long-term supervision of an offender.
4. Pursuant to subsections 133(3.1) and 134.1(2.1) of the CCRA, if a victim has provided a victim statement, the Board will impose any special condition on the UTA, parole, statutory release or long-term supervision of the offender that it considers reasonable and necessary in order to protect the victim.
5. In accordance with subsection 133(4) of the CCRA, where Board members are of the opinion that it is justified by the circumstances of the case, a condition that requires an offender to reside in a community-based residential facility (CBRF) may be imposed on a UTA or on parole when it is considered reasonable and necessary in order to protect society and to facilitate the offender’s successful reintegration into society, or to protect the victim.
6. Guidance on imposing special conditions on escorted temporary absences is provided in Policy 3.1 (Temporary Absences).
7. In determining what is reasonable and necessary when imposing a special condition, Board members should consider whether:
   1. there is a clear link between the condition and the identified risk;
   2. the condition relates to the offender’s risk factors, to an identified need or to behaviour that is inappropriate or unacceptable;
   3. the condition can be complied with, enforced and monitored by the Parole Officer; and
   4. the condition does not contradict any court order.
8. Board members should be cognizant of and sensitive to the unique needs and circumstances of women offenders, Indigenous offenders, as well as other groups of offenders with special requirements, including aging offenders.

Duration of Special Conditions

9. Board members will consider the duration of each special condition. Each condition must remain in effect for only as long as the Board determines that the legal criteria is met.
10. Special conditions imposed on parole or statutory release do not carry over to the long-term supervision of an offender.
11. When a condition to reside in a CBRF is imposed on the long-term supervision of an offender, it will be limited to a maximum of 365 days. If the Board does not make a subsequent decision to prolong the condition, it will expire.

Offender Representations

12. The offender has the right to provide representations before the Board renders a decision with respect to special conditions recommended by the Correctional Service of Canada (CSC).
13. When, at a hearing, Board members are considering imposing a special condition that was not recommended by CSC, they will ensure the offender has an opportunity to be heard.
14. When the Board does not conduct a hearing and imposes a special condition that was not recommended by CSC or in situations where there is immediate risk to the community and the Board imposes a condition without delay, the offender may submit written representations to the Board within 30 days of receiving the decision.
15. The review to consider the offender’s written representations will be conducted by different Board members as soon as practicable, but no later than 30 days following receipt of the representations.

Varying, Removing and Relieving from Compliance with a Release Condition

Varying or Removing a Special Condition

16. In accordance with paragraphs 133(6)(b) and 134.1(4)(b) of the CCRA, the Board may vary or remove any special condition imposed on the UTA, parole, statutory release or long-term supervision of an offender.
17. Board members will determine whether the condition or part of the condition is no longer reasonable and necessary in order to protect society and to facilitate the offender’s reintegration into society or no longer reasonable and necessary in order to protect the victim.
18. In determining whether to impose, vary or remove a special condition in cases where the offender is already in the community, Board members should give particular consideration to behaviour that relates to an increase or decrease in the level of risk to the community since the offender’s release. Exceptions apply in instances where a change in condition(s) is a result of the Board’s review of the offender’s written representations, where the Board imposed conditions that were not recommended by CSC .
19. Board members will consider all relevant factors, including, but not limited to:
    1. the offender’s progress in addressing their risk factors and needs since release;
    2. the degree of stability in the offender’s release plan or current situation;
    3. stressors/factors in the release environment that may increase the risk of re-offending and the offender’s needs in relation to these factors; and 
    4. whether the offender has addressed the major factors for which the condition has been imposed.

Varying or Relieving from Compliance with a Standard Condition

20. Pursuant to subsections 133(2) and 134.1(1) of the CCRA, every offender released on a UTA, parole or statutory release, or required to be supervised by a long-term supervision order, is subject to the standard conditions prescribed in section 161 of the Corrections and Conditional Release Regulations (CCRR).
21. In accordance with paragraphs 133(6)(a)and 134.1(4)(a)of the CCRA, the Board may vary or relieve an offender from compliance with any of the standard conditions of release.
22. Board members will consider all risk relevant information to determine whether a deviation from the condition is warranted.
23. The Board should not relieve an offender from compliance with the following conditions:
    1. obey the law and keep the peace;
    2. report immediately to the Parole Officer and thereafter as instructed; and
    3. report immediately to the Parole Officer any change in the address of residence.

Out-of-Country Travel

24. When a request for relief from the standard condition to remain in Canada at all times for the purpose of out-of-country travel is received, Board members will assess any issues or risk factors related to the protection of society that are associated with out-of-country travel.
25. Board members will consider all relevant available information to determine whether the travel would result in the offender’s risk to society at large increasing to an undue level, including, but not limited to:
    1. the nature of the offender's criminal history and any police opinion, any involvement in drug trafficking or a criminal organization and any potential for such activities or involvement;
    2. progress on current and previous releases, including previous travel and the length of time on the current release;
    3. the success of the offender’s reintegration over an extended period of time;
    4. written confirmation from authorities that the country of destination does not object to the offender visiting that country; if this is not available, written confirmation that the country of destination is unwilling to provide this information or written proof that the offender tried to obtain the confirmation;
    5. information concerning the purpose and details of the travel, including the length of time the offender will be outside of Canada and, if available, collateral contacts in the destination country; and
    6. the consistency of the travel with the offender’s correctional plan.
26. When possible, Board members should specify the period of time that the offender is permitted to travel, given that a limited-validity travel document may be issued further to their decision.

Review Timeframes

27. Pursuant to subsection 162(1) of the CCRR, the Board will make a decision within three months of receiving an application from an offender to vary, remove or relieve from compliance with a condition on a UTA, parole or statutory release.
28. The Board will also make a decision within three months of receiving an application from an offender to vary, remove or relieve from compliance with a condition on long-term supervision.
29. Pursuant to subsection 162(2) of the CCRR, the Board is not required to review an application from an offender to vary, remove or relieve from compliance with a release condition more than once every six months.

Leave Privileges

30. The Board is responsible for authorizing and establishing the parameters of leave privileges associated with a residency condition.
31. Guidance on authorizing and establishing leave privileges is provided in Policy 6.3 (Leave Privileges).

New Statutory Release Date or Long-Term Supervision within Nine Months

32. When the Board revokes a release or confirms a revocation, resulting in a new projected statutory release date within nine months from the date of CSC’s referral to the Board, and CSC has provided the relevant information, the Board may impose special conditions on the statutory release of the offender at the same time.
33. When the Board reviews an offender’s case nine months or less before a long-term supervision order comes into effect, and CSC has provided the relevant information, the Board may impose special conditions on the long-term supervision at the same time.

Provincial/Territorial Offenders

34. Section 55 of the CCRA, which gives CSC the authority to demand that an offender submit to urinalysis, does not apply to provincial/territorial offenders, unless they have been transferred to a penitentiary.
35. When Board members impose a special condition to abstain from the use of alcohol and/or drugs on a provincial/territorial offender, they should also impose a special condition to submit to urinalysis on demand, at regular intervals or where the parole supervisor has reasonable grounds to suspect that the condition to abstain from the use of alcohol and/or drugs has been breached.

Offenders on Parole Reduced Status

36. When reviewing the case of an offender on parole reduced status, Board members may impose special conditions in accordance with subsections 133(3), 133(3.1) and 133(4) of the CCRA or reinstate one or more standard conditions.
37. If Board members determine that the offender must abide by all standard conditions, or revoke the offender’s parole, this will remove the offender’s parole reduced status.

Decision and Reasons

38. Guidance on providing reasons for decision is provided in Policy 2.1 (Conditional Release Decision-Making).
39. The reasons for decision will also include the reasons for imposing, varying or removing each special condition and/or varying or relieving the offender from compliance with any standard condition.
40. When imposing or varying any special condition, Board members will:
    1. explain how each condition relates to the offender’s risk factors;
    2. specify the legal criteria for imposing each condition and why the condition is considered to meet the applicable criteria; and
    3. specify the duration of each condition and document the reasons for setting that duration.
41. Pursuant to subsections 133(3.2) and 134.1(2.2) of the CCRA, where a victim has provided a statement to the Board and the Board members decide not to impose any conditions to protect the victim on the UTA, parole, statutory release or long-term supervision of the offender, they will provide reasons for the decision.
42. 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.
43. For decisions involving an offender on parole reduced status where conditions are imposed or reinstated, Board members will specify whether or not the parole reduced status remains in effect.

Cross-References

43. Decision-Making Policy Manual

    2.1 Conditional Release Decision-Making

    3.1 Temporary Absences

    4.1 Parole

    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

    Annex D Accelerated Review

44. Correctional Service of Canada Commissioner’s Directives (CD)

    CD 712-1 Pre-Release Decision-Making

    CD 715-1 Community Supervision

    CD 715-2 Post-Release Decision Process

    CD 715-3 Community Assessments

    CD 719 Long-Term Supervision Orders

In Effect

2024-01-02

Legislative Framework

Canadian Victims Bill of Rights,section 15.

Corrections and Conditional Release Act, sections 99, 100, 100.1, 101, 127, 128, 133(4.1) and 135(6).

Corrections and Conditional Release Regulations, sections 147 and 162.

Criminal Code, sections 467.11, 467.12 and 467.13.

Decision-Making Criteria and Process

1. In accordance with subsection 133(4.1) of the Corrections and Conditional Release Act (CCRA), in order to facilitate the offender’s successful reintegration into society, a residency condition that requires an offender to reside in a community-based residential facility (CBRF) or psychiatric facility may be imposed on an offender’s statutory release, where the Board is satisfied that in the absence of such a condition, the offender will present an undue risk to society by committing an offence listed in Schedule I of the CCRA or an offence under section 467.11, 467.12 or 467.13 of the Criminal Code before the expiration of their sentence according to law.
2. A residency condition may also be imposed post-release if the offender’s behaviour while in the community leads the Board to determine that the legal criteria is met.
3. 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 imposing a residency condition on statutory release is met.
4. In determining whether the legal criteria is met, Board members will consider all relevant factors, including, but not limited to:
   1. the offender’s potential for violent behaviour, as established by:
      1. a history of violent behaviour, including threats of violence and use of weapons;
      2. the seriousness of previous offences;
      3. the offender’s ability to control their anger or impulsive behaviour; or
      4. an attitude of indifference to the criminal behaviour and its impact on the victim(s).
   2. stressors/factors in the release environment that may increase the risk of violent behaviour and the offender’s needs in relation to these factors;
   3. the presence of a mental disorder (specific, acute symptoms) that may increase the risk of violent behaviour;
   4. measures implemented or proposed to manage the risk of violent behaviour; and
   5. measurable and observable gains derived from the offender’s participation in programs and/or interventions to manage the risk of violent behaviour, or proposed programs and interventions.

Duration of Residency Condition

5. Board members will consider the duration of the residency condition. The condition must remain in effect for only as long as the Board is satisfied that in the absence of such a condition, the offender will present an undue risk to society as set out in subsection 133(4.1) of the CCRA.
6. A residency condition imposed on statutory release does not carry over to the long-term supervision of the offender.

Residency in a Psychiatric Facility

7. When reviewing whether to impose a statutory release residency condition in a psychiatric facility, Board members should consider that a psychiatric facility may offer limited access to the community and:
   1. should only be used when the offender will benefit from treatment programs that will assist in the management of risk and facilitate the offender’s successful reintegration in the community; and
   2. should be part of a multi-stage plan leading to residency in a CBRF or to statutory release without a residency condition.

Residency in a Private Home

8. When reviewing whether to impose a statutory release residency condition to a private home that has been designated by the Correctional Service of Canada as a CBRF (i.e. Private Home Placement), Board members should consider whether:
   1. the offender requires a period of transition from the institution, psychiatric facility, community correctional centre or community residential facility into the community;
   2. the offender’s plan consists of a release to a small or remote community; and/or
   3. there is no other CBRF available that can provide specific services for women offenders, Indigenous offenders or other groups of offenders with special requirements, including aging offenders.
9. Since the Board members have determined that in the absence of a residency condition, the offender will present an undue risk to society, they must assess whether the recommended location has the necessary controls and supervision to address the offender’s risk factors and needs.

Varying or Removing a Residency Condition

10. In accordance with paragraph 133(6)(b) of the CCRA, the Board may vary or remove a statutory release residency condition.

Review Timeframes

11. Pursuant to paragraph 162(1)(c) of the Corrections and Conditional Release Regulations (CCRR), the Board will make a decision within three months of receiving an application from the offender to vary or remove a residency condition.
12. Pursuant to subsection 162(2) of the CCRR, the Board is not required to review an application from the offender to vary or remove a residency condition more than once every six months.

Leave Privileges

13. The Board is responsible for authorizing and establishing the parameters of leave privileges associated with a residency condition.
14. Guidance on authorizing and establishing leave privileges is provided in Policy 6.3 (Leave Privileges).

Residency Condition Following a Period of Detention

15. Guidance on ordering the statutory release of an offender subject to a residency condition following a period of detention is provided in Policy 5.1 (Detention).

Decision and Reasons

16. Guidance on providing reasons for decision is provided in Policy 2.1 (Conditional Release Decision-Making).
17. The reasons for decision will also include:
    1. the reasons for imposing a residency condition, specifically why the Board members are satisfied that, in the absence of such a condition, the offender will present an undue risk to society by committing an offence listed in Schedule I of the CCRA or an offence under section 467.11, 467.12 or 467.13 of the Criminal Code,and how the residency condition will facilitate the offender’s successful reintegration into society; and
    2. the duration of the residency condition and the reasons for setting that duration.

Cross-References

18. Decision-Making Policy Manual

    2.1 Conditional Release Decision-Making

    5.1 Detention

    6.3 Leave privileges

19. Correctional Service of Canada Commissioner’s Directives (CD)

    CD 712-1 Pre-Release Decision-Making

    CD 712-2 Detention

    CD 715-2 Post-Release Decision Process

    CD 715-3 Community Assessments

In Effect

2024-01-02

Legislative Framework

Corrections and Conditional Release Act, sections 66(3), 99, 101, 131(3), 133(4), 133(4.1), 134(1), 134.1(2), 134.2(1) and 135.1.

Decision-Making Considerations

1. The Board is responsible for authorizing and establishing the parameters of leave privileges for:
   1. day parole, including where day parole to an other location is granted, as offenders are required to return to a penitentiary, community-based residential facility, provincial correctional facility or other location each night or at another specified interval; and
   2. temporary absences, full parole, statutory release or long-term supervision orders, when a residency condition is imposed.
2. Guidance on imposing special conditions is provided in policies 3.1 (Temporary Absences), 6.1 (Release Conditions) and 6.2 (Statutory Release – Residency Condition).
3. Leave privileges must be authorized in writing by the Board, with the exception of leave privileges authorized by the Correctional Service of Canada (CSC) for emergency medical or compassionate reasons.
4. Board members will assess all relevant available information in accordance with Policy 2.1 (Conditional Release Decision-Making) to determine whether to authorize leave privileges.
5. Leave privileges should be tailored to meet the requirements of the type of release with which they are associated and the offender’s risk factors and needs.
6. Unless otherwise specified in the Board’s decision, CSC will, as part of its case management functions, determine how and when Board-authorized leave privileges are implemented, within the context of the offender’s progress in meeting the objectives of the correctional plan.
7. The Board’s authorization is required for any modifications to leave privileges that would increase the offender’s access to the community. The Board’s authorization is not required to reduce the offender’s access to the community.

Parameters of Leave Privileges

8. The parameters of leave privileges apply from the time they are authorized by the Board, regardless of how long the offender has been on conditional release.
9. In cases where day parole is continued and leave privileges were previously authorized, Board members will assess whether to continue or vary the parameters established or reached during the previous day parole period.
10. Leave privileges are generally authorized by the Board within the limits outlined in this policy.
11. Board members may consider expanded leave privileges in order to respond to the unique needs and circumstances of women offenders, Indigenous offenders, as well as other groups of offenders with special requirements, including aging offenders.

Community-Based Residential Facilities, Provincial or Territorial Correctional Facilities and Other Locations

12. Unless otherwise specified in the Board’s decision, leave passes are authorized for a maximum of three nights, including travel time, within the following limits:
    1. one leave pass during the first four-week period;
    2. two leave passes during the second four-week period;
    3. three leave passes during the third four-week period; and
    4. weekly leave passes during the fourth and subsequent four-week periods.
13. A leave pass may be extended by one additional night during weeks that include a statutory holiday.

Penitentiaries

14. Unless otherwise specified in the Board’s decision, one leave pass for a maximum of three nights is authorized for each four-week period, following the first four weeks of the offender’s release.

Leave for Special Celebrations

15. Leave for special celebrations (e.g. Christmas, New Year’s Day or other spiritual or cultural celebrations) should not be authorized in addition to the leave passes already approved for a particular month. CSC may allow the offender additional travel time for such special occasions.

Leave Authorized for Emergency Medical or Compassionate Reasons

16. The Area Director may authorize leave for a maximum of 30 days for emergency medical reasons or leave for a maximum of three days for compassionate reasons. This includes cases where the Board has not authorized leave privileges.
17. Leave authorized by CSC for emergency medical or compassionate reasons will be documented in the next progress report shared with the Board.
18. The Board’s authorization is required for leave exceeding 30 days for emergency medical reasons and leave exceeding three days for compassionate reasons.
19. When reviewing whether to authorize leave for emergency medical or compassionate reasons, Board members should consider the duration of the leave.
20. Leave for emergency medical or compassionate reasons should be authorized within the context of parole, statutory release or a long-term supervision order with residency, rather than as an unescorted temporary absence.

Decision and Reasons

21. Guidance on providing reasons for decision is provided in Policy 2.1 (Conditional Release Decision-Making).
22. The reasons for decision will also include:
    1. whether or not leave privileges are authorized and the reasons for this decision;
    2. the parameters of the leave, including any case-specific leave privileges that further limit or increase the offender’s access to the community and the reasons for these parameters; and
    3. where day parole is continued in cases where leave privileges were previously authorized, the reasons for continuing or varying the parameters established or reached during the previous day parole period.

Cross-References

23. Decision-Making Policy Manual

    2.1Conditional Release Decision-Making

    3.1 Temporary Absences

    4.1 Parole

    6.1 Release Conditions

    6.2 Statutory Release – Residency Condition

    8.2 Offenders with a Long-Term Supervision Order

    Annex D Accelerated Review

24. Correctional Service of Canada Commissioner’s Directives (CD)

    CD 712-1 Pre-Release Decision-Making

    CD 714 Community Correctional Centre Standards

    CD 715 -1 Community Supervision

    CD 715 -2 Post-Release Decision Process

    CD 715-3 Community Assessments