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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