Conditional Release Decisions – Detention
Official Title: Performance Monitoring Report 2017-2018, Conditional Release Decisions – Detention
From: Parole Board of Canada
Detention
Before an offender’s statutory release date, CSC can refer the case to the Board for a detention review if there are reasonable grounds to believe that the offender is likely to commit an offence causing death or serious harm to another person, a sexual offence involving a child or a serious drug offence before the expiration of the offender’s sentence. If the Board determines that the offender is likely to reoffend, then a detention order is issued, and the offender is detained.
- As of April 8, 2018, 165 offenders were detained (61 fewer than in 2016/17), 37 had a detention order but had not yet reached their statutory release dates (11 fewer than in 2016/17) and 20 had had their one chance statutory release revoked and were subsequently detained (seven more than in 2016/17).
- In 2017/18, the number of referrals for detention decreased 12% to 119 (from 135) when compared to 2016/17.
- The detention referral rate (ratio of detention referrals against the total offender population entitled to statutory release in a given year) remained the same in 2017/18 at 2.6% compared to the previous year.
- The number of offenders detained following a detention review decreased to 110 (-16%) compared to the previous year, while their proportion decreased to 92%. Seven offenders (6%) were released on one chance statutory release and two offenders (2%) were released on statutory release following a detention review in 2017/18.
- In 2017/18, the Ontario and Prairie regions reported the highest initial detention rates (97% for both), while the Atlantic region reported the lowest rate (83%), compared to the national average of 92%.
- In 2017/18, 91% of offenders serving sentences for schedule I-sex offences and 92% of offenders serving sentences for schedule I-non-sex offences who were referred for detention were detained. Thirteen offenders serving sentences for non‑scheduled offences, who were referred for detention in 2017/18, were ordered detained.
- Averaged over the last five years, the detention rate for Indigenous offenders was 95% compared to 97% for White offenders and 94% for Black offenders. Nine out of 11 Asian offenders referred for detention were detained. Twenty offenders in the Other category were referred for detention in 2017/18 and all were detained.
- Averaged over the last five years, 95% of male offenders referred for detention were detained, 3% were released on one-chance statutory release, and 1% was released on statutory release. All 20 female offenders (including 12 Indigenous women) who were referred for detention in the last five years were detained.
- In 2017/18, the Board conducted 107 subsequent detention reviews and confirmed detention in 79% of cases, compared to 36 reviews in 2016/17 with a confirmation rate of 86%. Proportionately more offenders (23 out of 107) were granted one-chance statutory release in 2017/18 compared to 2016/17 (5 out of 36), which resulted in a decrease in the confirmation rate.
- In the last five years, the Board conducted 940 subsequent detention reviews, confirming detention in 93% of cases.
Table 86. Detained Offenders by Region (as of April 8, 2018)
Status | Atlantic | Quebec | Ontario | Prairies | Pacific | Canada |
Presently detained | 21 | 31 | 34 | 54 | 25 | 165 |
Detention ordered/not past SR date | 5 | 5 | 5 | 15 | 7 | 37 |
One chance SR revoked | 1 | 8 | 1 | 8 | 2 | 20 |
Detained total | 27 | 44 | 40 | 77 | 34 | 222 |
Table 87. Referrals for Detention by Region
Year | Atlantic | Quebec | Ontario | Prairies | Pacific | Canada |
2008/09 | 22 | 57 | 60 | 103 | 25 | 267 |
2009/10 | 25 | 54 | 79 | 97 | 23 | 278 |
2010/11 | 20 | 44 | 71 | 88 | 30 | 253 |
2011/12 | 16 | 51 | 53 | 73 | 21 | 214 |
2012/13 | 16 | 57 | 59 | 79 | 25 | 236 |
2013/14 | 16 | 51 | 48 | 70 | 23 | 208 |
2014/15 | 11 | 37 | 32 | 62 | 32 | 174 |
2015/16 | 16 | 39 | 39 | 54 | 25 | 173 |
2016/17 | 12 | 38 | 18 | 40 | 27 | 135 |
2017/18 | 18 | 21 | 29 | 37 | 14 | 119 |
10-year total | 172 | 449 | 488 | 703 | 245 | 2,057 |
Table 88. Detention Referral Rate
Year | Detention Referrals | Offenders Entitled to Statutory Release | Detention ReferralRate (%) |
2008/09 | 267 | 6,165 | 4.3 |
2009/10 | 278 | 5,966 | 4.7 |
2010/11 | 253 | 5,530 | 4.6 |
2011/12 | 214 | 5,731 | 3.7 |
2012/13 | 236 | 6,013 | 3.9 |
2013/14 | 208 | 6,019 | 3.5 |
2014/15 | 174 | 5,710 | 3.0 |
2015/16 | 173 | 5,581 | 3.1 |
2016/17 | 135 | 5,151 | 2.6 |
2017/18 | 119 | 4,599 | 2.6 |
Definition: Offenders entitled to statutory release = number of offenders released from institutions on statutory release + number of offenders detained + number of offenders with detention ordered not past SR date + number of offenders with one chance SR revoked.
Table 89. Outcome of Initial Detention Reviews
Year | Detained | Statutory Release | One-Chance SR | Total | |||
# | % | # | % | # | % | ||
2008/09 | 256 | 96 | 10 | 4 | 1 | 0 | 267 |
2009/10 | 261 | 94 | 10 | 4 | 7 | 3 | 278 |
2010/11 | 239 | 94 | 3 | 1 | 11 | 4 | 253 |
2011/12 | 207 | 97 | 3 | 1 | 4 | 2 | 214 |
2012/13 | 232 | 98 | 2 | 1 | 2 | 1 | 236 |
2013/14 | 200 | 96 | 3 | 1 | 5 | 2 | 208 |
2014/15 | 164 | 94 | 3 | 2 | 7 | 4 | 174 |
2015/16 | 167 | 97 | 2 | 1 | 4 | 2 | 173 |
2016/17 | 131 | 97 | - | - | 4 | 3 | 135 |
2017/18 | 110 | 92 | 2 | 2 | 7 | 6 | 119 |
10-year average | - | 96 | - | 2 | - | 3 | - |
Table 90. Outcome of Initial Detention Reviews by Offence Type (%)
Type | Year | Schedule I-Sex | Schedule I-Non-Sex | Schedule II | Non-Scheduled |
Detained | 2013/14 | 96 | 97 | 100 | 93 |
2014/15 | 98 | 91 | 100 | 100 | |
2015/16 | 97 | 96 | - | 100 | |
2016/17 | 100 | 95 | 100 | 100 | |
2017/18 | 91 | 92 | - | 100 | |
5y avrg | 97 | 95 | 100 | 98 | |
Statutory release | 2013/14 | 1 | 2 | 0 | 0 |
2014/15 | 2 | 2 | 0 | 0 | |
2015/16 | 0 | 2 | - | 0 | |
2016/17 | 0 | 0 | 0 | 0 | |
2017/18 | 3 | 1 | - | 0 | |
5y avrg | 1 | 1 | 0 | 0 | |
One-chance statutory release |
2013/14 | 3 | 2 | 0 | 7 |
2014/15 | 0 | 7 | 0 | 0 | |
2015/16 | 3 | 2 | - | 0 | |
2016/17 | 0 | 5 | 0 | 0 | |
2017/18 | 6 | 7 | - | 0 | |
5y avrg | 2 | 4 | 0 | 2 |
Note: Excludes four detained offenders who were serving determinate sentences for murder. The offenders with determinate sentences serving sentences for murder were transfers from the United States or convictions under the provisions of the Youth Criminal Justice Act.
Table 91. Outcome of Initial Detention Reviews by Indigenous and Race (%)
Type | Year | Indigenous | Asian | Black | White | Other |
Detained | 2013/14 | 96 | 100 | 100 | 96 | 100 |
2014/15 | 93 | 100 | 91 | 95 | 100 | |
2015/16 | 97 | 67 | 87 | 99 | 100 | |
2016/17 | 97 | 50 | 100 | 98 | 100 | |
2017/18 | 89 | 100 | 91 | 96 | 100 | |
5y avrg | 95 | 82 | 94 | 97 | 100 | |
Statutory release | 2013/14 | 2 | 0 | 0 | 1 | 0 |
2014/15 | 3 | 0 | 0 | 1 | 0 | |
2015/16 | 0 | 33 | 7 | 0 | 0 | |
2016/17 | 0 | 0 | 0 | 0 | 0 | |
2017/18 | 4 | 0 | 0 | 0 | 0 | |
5y avrg | 2 | 9 | 2 | 1 | 0 | |
One-chance statutory release |
2013/14 | 2 | 0 | 0 | 3 | 0 |
2014/15 | 4 | 0 | 9 | 4 | 0 | |
2015/16 | 3 | 0 | 7 | 1 | 0 | |
2016/17 | 3 | 50 | 0 | 2 | 0 | |
2017/18 | 7 | 0 | 9 | 4 | 0 | |
5y avrg | 4 | 9 | 5 | 3 | 0 |
Table 92. Outcome of Initial Detention Reviews by Gender (%)
Type | Year | Male | Female |
Detained | 2013/14 | 96 | 100 |
2014/15 | 94 | 100 | |
2015/16 | 96 | 100 | |
2016/17 | 97 | - | |
2017/18 | 92 | 100 | |
5y avrg | 95 | 100 | |
Statutory release | 2013/14 | 2 | 0 |
2014/15 | 2 | 0 | |
2015/16 | 1 | 0 | |
2016/17 | 0 | - | |
2017/18 | 2 | 0 | |
5y avrg | 1 | 0 | |
One-chance statutory release |
2013/14 | 3 | 0 |
2014/15 | 4 | 0 | |
2015/16 | 2 | 0 | |
2016/17 | 3 | - | |
2017/18 | 6 | 0 | |
5y avrg | 3 | 0 |
Table 93. Initial Detention Rates by Region (%)
Year | Atlantic | Quebec | Ontario | Prairies | Pacific | Canada |
2008/09 | 95 | 100 | 92 | 97 | 92 | 96 |
2009/10 | 96 | 98 | 89 | 96 | 91 | 94 |
2010/11 | 100 | 98 | 92 | 98 | 83 | 94 |
2011/12 | 94 | 98 | 100 | 96 | 90 | 97 |
2012/13 | 94 | 98 | 100 | 100 | 92 | 98 |
2013/14 | 94 | 94 | 100 | 99 | 87 | 96 |
2014/15 | 91 | 95 | 97 | 97 | 88 | 94 |
2015/16 | 100 | 100 | 90 | 100 | 92 | 97 |
2016/17 | 100 | 97 | 94 | 98 | 96 | 97 |
2017/18 | 83 | 90 | 97 | 97 | 86 | 92 |
10-year average | 95 | 97 | 94 | 98 | 90 | 96 |
Table 94. Outcome of Subsequent Annual Detention Reviews
Number/ Rate | 2013/14 | 2014/15 | 2015/16 | 2016/17 | 2017/18 | 5-Year |
Total subsequent reviews | 308 | 270 | 219 | 36 | 107 | 940 |
Detention confirmed | 293 | 261 | 203 | 31 | 84 | 872 |
% detention confirmed | 95% | 97% | 93% | 86% | 79% | 93% |
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