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CRIM 241 Lecture Notes - Public Safety Canada, Day Parole, Nippon Professional Baseball

5 pages38 viewsWinter 2011

Course Code
CRIM 241
Melissa Roberts

of 5
March 26 Lecture Notes
Measuring Treatment Success
-what is it?
-how is it measured?
-any crime?
-same crime?
-once released from prison, a person recidivates if they are returned to prison for
a technical violation or commit a new offence
-notion of relative success:
-clear reformation, marginal reformation, marginal failure, clear recidivists
Obstacles to effective correctional treatment
-punishment vs. treatment
-public safety will always trump the treatment aspect
-line between doing time and doing treatment
-offenders actually caring about programs or just doing it
-inmate access to programs
-not available early on to lifers
-differential treatment availability
-program fidelity and drift
-the integrity of the program itself
-lack of continuity between prison and community treatment programs
-release on parole is not a statutory right, it’s a privilege
-gradual release is a cornerstone of Canadian Corrections
-why is conditional release important
Purpose and Principles of Conditional Release
-s.100 of CCRA
-the purpose of conditional release
-sets out principles to be followed by Parole Boards
-main principles:
-protection of society
-consider all available info on offender
-information sharing
-least restrictive determination
-policy/training guides decisions
-offenders must be told about reasons for decisions
-the NPB or provincial parole board may grant parole if:
-the offender will not present undue risk to society before the end of the sentence
-the release of the offender will facilitate reintegration of offender
-release may occur at: ****look at book chart
-parole eligibility date
-statutory release date
-warrant expiry date
-types of release
-temporary absence
-day parole
-full parole
-statutory release
-”cold turkey” release
Release options for provincial inmates
-before warrant expiry:
-temporary absence
-victims and release
-lack of awareness (run into offender shopping etc)
-preparatory programming
-no-contact orders
-created in 1959 following the Fauteux Committee
-a division of Public Safety Canada
-independent of CSC
-NPB’s conditional release program involves
-Day parole
-full parole, stat release, detention, long term supervision
-appeal decisions
-can request eligibility dates, release status, can attend hearings and provide statements
Judicial Review
-s.745 “faint hope clause”
-allows murderers serving a life sentence with no eligibility for parole for 15 years to apply
for a reduction
-for first and second degree murders
-no multiple murder charges
-offender must convince judge of “reasonable prospect of success”
Statutory Release
-generally, released after 2/3rds of sentence if still in confinement
-arise when:
-did not apply for release
-applied and denied
-applied, granted, and revoked
-fairly common (about 36% of release population)
-detention during “stat release” period
Parole and LTO/DO’s
-long-term offenders
-CSC supervised
-standard and special circumstances
-violations of parole
-prison (<90 days) or halfway house
-cancel suspension (release person)
-cancel suspension and add new conditions
-recommend breach of LTO supervision (max 10 years in prison)
-release of dangerous offenders (DO’s)
Parole File
-generally contain:
-institutional reports
-victim impact statements
-court transcripts and police reports
-pre-sentence reports
-letters of support
-community assessment
Parole Board Hearings
-most important decision in the correctional process
-presided over by 2 members
-held in the institution
-also includes case manager, victims, lawyers, others who request to be there
-hear reports, ask inmate questions
-biases/moralizing problems, but they try to be objective as possible
Parole Granted/Denied
-issued a parole certificate
-mandatory release conditions
-go straight home
-stay in Canada
-obey law/keep peace
-always carry parole certificate/CSC identity card
-appeal decision

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