Conditional Release Decisions – Day Parole

Official Title: Performance Monitoring Report 2017-2018, Conditional Release Decisions – Day Parole
From: Parole Board of Canada

Day Parole

Day parole is a type of conditional release which allows offenders to participate in community‑based activities in preparation for full parole or statutory release. Offenders released on day parole  return to an institution or a community-based residential facility each night or at another specified interval authorized by the Board.

In this section, the number of day parole grants includes not only those for whom day parole has been directed or granted, but those for whom day parole has been continued. A day parole is continued to allow the offender additional time to further prepare for full parole. It should be noted that the Board must conduct an assessment of risk before each day parole grant/directed decision, as well as each day parole continued decision.

The day parole population changed significantly when Bill C-55, which came into force on July 3, 1997, reinstated automatic day parole review and day parole eligibility at one-sixth of the sentence for offenders who, according to the law, were entitled to be considered for accelerated parole review.

On March 28, 2011, Bill C-59 abolished the APR process, which resulted in fewer day and full parole reviews in 2011/12, for first-time federal non-violent offenders (those serving sentences for schedule II and non-scheduled offences), who in the previous years would have been eligible for an APR review. The number of reviews for these types of offenders rebounded in the following years.

Due to court challenges, the abolition of APR had a smaller effect in the Pacific and Quebec regions in 2012/13 and 2013/14. Since 2012, the Pacific region has been processing active APR cases for offenders sentenced or convicted prior to the abolition of APR. In 2013/14, the Quebec region started processing their active APR cases.

On March 20, 2014, following the Canada (Attorney General) v. Whaling decision, the accelerated parole review process was reinstated across all regions for offenders sentenced prior to the abolition of APR. In some provinces, however, due to court challenges in their respective jurisdictions, APR was also reinstated for offenders who committed at least one of their offences prior to the abolition of APR and were sentenced after the legislation came into force (Quebec in 2016, Ontario in 2015, Manitoba in 2015, Alberta in 2015, British Columbia in 2014). On  December 8, 2016, the Court of Appeal for Ontario held that APR would be reinstated for offenders who committed a continuous offence (an offence that started before the coming into force of Bill C-59 on March 28, 2011 but also continued after this date).

  • In 2017/18, the Board rendered more federal day parole release decisions compared to the previous year (5,223; +4%). This included 106 day parole release decisions following an APR.
  • The number of federal day parole release decisions rendered in 2017/18 increased in the Atlantic (+5%), Ontario (+14%), Prairie (+6%) and Pacific (+18%) regions and decreased in the Quebec region (-13%) when compared to the previous year. The decrease in the Quebec region followed a spike in day parole release decisions in 2016/17, which had been associated with the availability of new community programs in the region.
  • The number of provincial day parole release decisions rendered by the Board in 2017/18 decreased (to 446; -8%) when compared to the previous year.
  • In 2017/18, the number of federal and provincial day parole release decisions rendered following a hearing with an Indigenous Cultural Advisor increased 9% (to 434) compared to 2016/17.
  • In 2017/18, the average proportion of sentence served before the first federal day parole release for offenders serving determinate sentences decreased negligibly 0.3 of a percentage point (to 37%) from the previous year. A 2.6% decrease in the Quebec region and a 1.3% increase in the Prairie region leveled the national average, with the remaining regions reporting smaller changes. The decrease in the Quebec region was driven primarily by offenders serving sentences for schedule I-non-sex offences and those serving sentences for non‑scheduled offences. The increase in the Prairie region was associated with Indigenous offenders serving sentences for schedule I-sex offences who waited slightly longer than other groups prior to being released on their first day paroles.
  • Over the last five years, Indigenous offenders had the highest proportion of their sentence served before their first federal day parole release (at 42%), while Asian offenders reported the lowest proportion (at 34%).

Figure 17. Day Parole Grant Rates

Day Parole Grant Rates
Text equivalent of Figure 17 – Day Parole Grant Rates  
  Federal day parole regular Federal day parole APR Provincial day parole
2013/14 70% 83% 53%
2014/15 71% 84% 57%
2015/16 75% 96% 58%
2016/17 78% 96% 60%
2017/18 79% 94% 69%

 

  • In 2017/18, the federal day parole grant rate (regular and APR) increased 1.2 percentage points to 79.4% compared to the previous year.
  • The federal regular day parole grant rate increased from 77.9% in 2016/17 to 79.1% in 2017/18. The federal APR day parole grant rate decreased to 94.3% (from 96.4% in 2016/17).
  • The provincial day parole grant rate increased 8.6 percentage points to 68.6% in 2017/18.
  • By region, the federal day parole grant rate increased in the Atlantic (to 89%; +3%), Quebec (to 78%; +2%), Ontario (to 83%; +1%) and Prairie (to 78%; +3%) regions and  decreased in the Pacific region (to 72%; -5%) regions.
  • In 2017/18, offenders serving sentences for murder reported the highest federal day parole grant rate (87%) and offenders serving sentences for schedule I-sex offences, the lowest (63%).
  • Offenders serving sentences for schedule II offences reported the highest provincial day parole grant rate (82%), and offenders serving sentences for schedule I‑sex offences reported the lowest rate (60%).
  • In 2017/18, Black offenders reported the lowest federal day parole grant rate (72%), while Asian offenders reported the highest (84%).
  • The provincial day parole grant rate was the lowest for Indigenous offenders (59%) and the highest for Asian offenders (84%).
  • Female offenders had a much higher grant rate for federal day parole in 2017/18 than male offenders (94% and 78%).
  • Female offenders had also a much higher provincial day parole grant rate than male offenders (90% and 66%) in 2017/18.
  • In 2017/18, federal offenders serving determinate sentences accounted for 84% of all day parole grants (with a grant rate of 82%), while lifers accounted for 15% of day parole grants (with a grant rate of 88%), and offenders with other indeterminate sentences accounted for one percent of grants (with a grant rate of 13%).
  • While the federal day parole grant rate for lifers was 88% in 2017/18, it should be noted that 73% of those decisions were decisions to continue day parole. The day parole grant rate for lifers who were granted day parole releases directly from institutions was 66%.
  • In 2017/18, the federal day parole grant rate following hearings with an Indigenous Cultural Advisor decreased 0.8 of a percentage point to 71% compared to the previous year.

Table 45. Day Parole Release Decisions

Year Atlantic Quebec Ontario Prairies Pacific Canada
Fed. Prov. Fed. Prov. Fed. Prov. Fed. Prov. Fed. Prov. Fed. Prov.
2013/14 462 146 1,242 - 919 - 1,133 104 688 307 4,444 557
2014/15 495 131 1,414 - 892 - 1,206 72 692 296 4,699 499
2015/16 539 88 1,166 - 1,025 1* 1,251 89 622 281 4,603 459
2016/17 527 98 1,414 - 1,117 - 1,302 110 656 277 5,016 485
2017/18 555 74 1,233 - 1,276 1** 1,386 114 773 257 5,223 446
5-year average 516 107 1,294 - 1,046 - 1,256 98 686 284 4,797 489

* The provincial case in the Ontario region in 2015/16 was a federal sentence which was completed in less than two years after the sentence was reduced by court order.
** This is a federal case recorded in error as a provincial case.

Table 46. Day Parole Release Decisions by Regular and APR Review

Year Type Atlantic Quebec Ontario Prairies Pacific Canada
Fed. Prov. Fed. Prov. Fed. Prov. Fed. Prov. Fed. Prov. Fed. Prov.
2013/14 Reg. 462 146 1,241 - 919 - 1,133 104 642 307 4,397 557
APR - - 1 - - - - - 46 - 47 -
All 462 146 1,242 - 919 - 1,133 104 688 307 4,444 557
2014/15 Reg. 494 131 1,414 - 878 - 1,205 72 661 296 4,652 499
APR 1 - - - 14 - 1 - 29 - 45 -
By exc. - - - - - - - - 2 - 2 -
All 495 131 1,414 - 892 - 1,206 72 692 296 4,699 499
2015/16 Reg. 539 88 1,155 - 968 1 1,240 89 611 281 4,513 459
APR - - 11 - 57 - 11 - 11 - 90 -
All 539 88 1,166 - 1,025 1 1,251 89 622 281 4,603 459
2016/17 Reg. 527 98 1,389 - 1,087 - 1,292 110 638 277 4,933 485
APR - - 25 - 30 - 10 - 18 - 83 -
All 527 98 1,414 - 1,117 - 1,302 110 656 277 5,016 485
2017/18 Reg. 555 74 1,198 - 1,228 1 1,370 114 766 257 5,117 446
APR - - 35 - 48 - 16 - 7 - 106 -
All 555 74 1,233 - 1,276 1 1,386 114 773 257 5,223 446

Note: Includes only pre-release decisions to grant/direct/continue or deny/not direct day parole, except APRI not-directed.

Table 47. Day Parole Release Decisions Following Elder-Assisted Hearings
Year Atlantic Quebec Ontario Prairies Pacific Canada
Fed. Prov. Fed. Prov. Fed. Prov. Fed. Prov. Fed. Prov. Fed. Prov.
2013/14 13 - 30 - 12 - 176 1 56 - 287 1
2014/15 23 - 41 - 13 - 151 - 67 1 295 1
2015/16 17 - 37 - 27 - 132 - 65 - 278 -
2016/17 15 - 38 - 44 - 196 2 102 - 395 2
2017/18 17 - 40 - 54 - 222 2 97 2 430 4
5-year average 17 - 37 - 30 - 175 1 77 1 337 2

Note: Includes only pre-release decisions to grant/direct/continue or deny/not direct day parole, except APRI not-directed.

Table 48. Average Proportion of Sentence Served at First Federal Day Parole Release by Region (%)

Region 2013/14 2014/15 2015/16 2016/17 2017/18 5-Yr. Avg.
Atlantic 36 36 37 33 33 35
Quebec 38 37 39 37 34 37
Ontario 42 41 38 38 38 39
Prairies 37 37 38 38 39 38
Pacific 37 40 41 41 40 40
Canada 38 38 39 37 37 38

Note: Excludes those serving indeterminate sentences.

Table 49. Average Proportion of Sentence Served at First Federal Day Parole Release by Offence Type (%)

Offence Type 2013/14 2014/15 2015/16 2016/17 2017/18 5-Yr. Avg.
Schedule I-sex 45 42 41 40 40 41
Schedule I-non-sex 41 42 43 41 40 41
Schedule II 34 34 35 34 34 34
Non-scheduled 37 38 38 36 35 37

Note: Excludes those serving indeterminate sentences.

Table 50. Average Proportion of Sentence Served at First Federal Day Parole Release by Indigenous and Race (%)

Race 2013/14 2014/15 2015/16 2016/17 2017/18 5-Yr. Avg.
Indigenous 43 41 44 41 41 42
Asian 35 33 34 33 33 34
Black 40 41 39 40 38 39
White 37 37 38 36 36 37
Other 35 37 36 33 34 34

Note: Excludes those serving indeterminate sentences.

Table 51. Average Proportion of Sentence Served at First Federal Day Parole Release by Gender (%)

Gender 2013/14 2014/15 2015/16 2016/17 2017/18 5-Yr. Avg.
Male 38 38 39 37 37 38
Female 35 35 37 34 33 35

Note: Excludes those serving indeterminate sentences.

Table 52. Grant Rates for Federal Day Parole

Year Type Atlantic Quebec Ontario Prairies Pacific Canada
# % # % # % # % # % # %
2013/14 Reg. 345 75 859 69 647 70 737 65 484 75 3,072 70
APR - - 1 100 - - - - 38 83 39 83
All 345 75 860 69 647 70 737 65 522 76 3,111 70
2014/15 Reg. 396 80 884 63 665 76 877 73 497 75 3,319 71
APR 1 100 - - 13 93 1 100 23 79 38 84
By exc. - - - - - - - - 2 100 2 100
All 397 80 884 63 678 76 878 73 522 75 3,359 71
2015/16 Reg. 478 89 794 69 761 79 907 73 444 73 3,384 75
APR - - 11 100 54 95 11 100 10 91 86 96
All 478 89 805 69 815 80 918 73 454 73 3,470 75
2016/17 Reg. 455 86 1,048 75 882 81 970 75 489 77 3,844 78
APR - - 25 100 30 100 9 90 16 89 80 96
All 455 86 1,073 76 912 82 979 75 505 77 3,924 78
2017/18 Reg. 493 89 925 77 1,013 82 1,068 78 549 72 4,048 79
APR - - 33 94 47 98 13 81 7 100 100 94
All 493 89 958 78 1,060 83 1,081 78 556 72 4,148 79

Note: Includes only pre-release decisions to grant/direct/continue or deny/not direct day parole, except APRI not-directed.

Table 53. Grant Rates for Federal Day Parole Following Elder-Assisted Hearings
Year Atlantic Quebec Ontario Prairies Pacific Canada
# % # % # % # % # % # %
2013/14 7 54 14 47 6 50 102 58 38 68 167 58
2014/15 16 70 22 54 10 77 94 62 46 69 188 64
2015/16 15 88 23 62 22 81 80 61 46 71 186 67
2016/17 13 87 28 74 34 77 131 67 79 77 285 72
2017/18 14 82 28 70 39 72 158 71 68 70 307 71
5-year average 13 76 23 62 22 74 113 64 55 72 227 67

Note: Includes only pre-release decisions to grant/direct/continue or deny/not direct day parole, except APRI not-directed.

Table 54. Grant Rates for Provincial Day Parole

Year Atlantic Quebec Ontario Prairies Pacific Canada
# % # % # % # % # % # %
2013/14 69 47 - - - - 49 47 178 58 296 53
2014/15 77 59 - - - - 35 49 174 59 286 57
2015/16 61 69 - - 0 0* 49 55 154 55 264 58
2016/17 68 69 - - - - 60 55 163 59 291 60
2017/18 48 65 - - 0 0** 67 59 191 74 306 69
5-year average 65 60 - - - - 52 53 172 61 289 59

* The provincial case in the Ontario region was a federal sentence which was completed in less than two years after the sentence was reduced by a court order.
** This is a federal case recorded in error as a provincial case.

Table 55. Grant Rates for Federal and Provincial Day Parole by Offence Type (%)

Year Murder Schedule I-Sex Schedule I-Non-Sex Schedule II Non-Scheduled
Fed. Prov. Fed. Prov. Fed. Prov. Fed. Prov. Fed. Prov.
2013/14 83 - 48 57 65 59 80 59 68 44
2014/15 82 - 46 54 67 53 84 71 68 54
2015/16 85 - 55 67 70 52 87 66 73 54
2016/17 89 - 56 52 74 55 88 75 79 58
2017/18 87 - 63 60 74 62 90 82 80 67
5-year average 85 - 54 57 70 57 86 71 74 54

Table 56. Grant Rates for Federal and Provincial Day Parole by Indigenous and Race (%)

Year Indigenous Asian Black White Other
Fed. Prov. Fed. Prov. Fed. Prov. Fed. Prov. Fed. Prov.
2013/14 63 47 80 53 66 21 72 59 63 40
2014/15 68 56 77 59 69 40 72 62 68 41
2015/16 70 52 76 68 71 56 77 58 81 58
2016/17 74 53 83 67 76 43 79 62 81 61
2017/18 74 59 84 84 72 75 82 69 81 72
5-year average 70 54 80 67 71 46 76 62 77 54

Table 57. Grant Rates for Federal and Provincial Day Parole by Gender

Year Male Female
Fed. Prov. Fed. Prov.
2013/14 69 51 83 71
2014/15 70 55 86 73
2015/16 75 57 86 62
2016/17 77 59 90 73
2017/18 78 66 94 90
5-year average 74 57 88 75

Table 58. Grant Rates for Federal Day Parole by Sentence Type

Year Type Determinate Lifers Other Indeterminate
# % # % # %
2013/14 Regular 2,518 71 538 83 16 8
APR 39 83 - - - -
All 2,557 71 538 83 16 8
2014/15 Regular 2,687 73 605 82 27 11
APR 38 84 - - - -
By exception - - 2 100 - -
All 2,725 74 607 82 27 11
2015/16 Regular 2,795 77 564 85 25 11
APR 86 96 - - - -
All 2,881 78 564 85 25 11
2016/17 Regular 3,206 80 604 89 34 13
APR 80 96 - - - -
All 3,286 81 604 89 34 13
2017/18 Regular 3,392 82 623 88 33 13
APR 100 94 - - - -
All 3,492 82 623 88 33 13

Note: Includes only pre-release decisions to grant/direct/continue or deny/not direct day parole.
Definition: Lifers include those offenders sentenced to life as a minimum sentence or life as a maximum sentence. Other indeterminate includes dangerous offenders, dangerous sexual offenders, habitual criminals, and those offenders who are on Lieutenant Governor Warrants.

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