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Week 10 conditional release

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Sociology 2253A/B
Jennifer Silcox

Week 10: Conditional Release Conditional Release  Conditional Releases: Requires one to live under restrictions, participate in programs and report to a supervisor.  Intended to reduce recidivism  Least restrictive measures o Allowed to live under certain restrictions o Similarities between condition releases and probation: important information to know on exam o If you don’t pose a risk it is a more rehabilitative role for society o If question of safety of public in question lower chance of getting conditional release o Improve rehabilitative features such as reintegration and teaching individuals how to live in a community History of Parole  The first two parole systems:  The Mercy System  Was basically the queen had the power and discretion of the queen or king whether you are allowed to leave the prison  The Mark System  In Australian and English colonies and based on good behaviors  If behaved well chance of being let out early, based on good will, and conduct of detainees  The Penitentiary Act of 1868 -What was introduced for the first time? o First time concept of remission was introduced: reduction of sentence o If you had good behavior you had a chance to get remission o You would get five days of remission for each month served; based on good behavior o The only way to leave jail early at that time was remission or mercy system History of Conditional Release  Ticket of Leave Act of 1899  Taken from the Irish, English and American societies  No official guidelines for supervision.  Use of the Salvation Army  Introduction of conditions o Based on a man who was serving time after stealing a letter, they did not have probation or parole officers so religious organizations and salvation army worked with previous cons while working with RCMP (basic supervision) o Around this time is when they started introducing guidelines and supervisions for sentences o Conditions would be to keep the peace and be of good behavior o You weren’t allowed to associate with other criminals, no drugs or alcohol, and had to report back to someone monthly  The Remission Service of 1913 -part of the Department of Justice o Based on people kept breaking probation rules o They had specialized training for parolee jobs that was not there in 1899 History of Conditional Release  Between 1922 and 1936 parole was considered as clemency  The Archambault Commission of 1936  Two critical observations: parole as clemency is problematic; and sources to grant parole as partial and insufficient.  Recommendations: Appointment of parole officers and the professionalization. o As crime rate increased people asked for stricter laws against parole o People had a fear of criminals o Started to grant tickets of relief or parole a lot less frequently o Prisons started to become overcrowded and prisoner brutality became more of an issue o The commission organized to look at the problem in prisons which include parole officers, judges, etc. who wanted to find ways to improve corrections o They went around and came up with two points mentioned above  Two critical observations: parole as clemency is problematic; and sources to grant parole as partial and insufficient.  Recommendations: Appointment of parole officers and the professionalization.  Lead to a few recommendations, appointment of parole officers and to interview inmates and prepare case histories that would be sent to central parole authorities who would go through these histories and make decisions or judgments  Wanted to increase professionalization of parole officers and educate parole officers  Some prisoners were able to get paroled if you agreed to fight to WWII History of Conditional Release  World War II get special parole if...? serve in war, get parole  The Fauteux Report of 1956 asked for a new philosophy of parole (rehabilitation; objectivity; and automatic remission).  Led to social rehabilitation  The Parole Act of 1858 based on the Fauteux Report  Believed we should be granted parole more and bring back the rehabilitative focus that was lost in the 1930s  Recommended independent parole boards that would look at these applications that would make decisions  This way they could ensure their decisions were not politically influenced  Recommended they have automatic remission  All prisoners should be able to get remission at 2/3 of their sentence  Did not want to send criminals back into community with no one to report to or not rehabilitation  Helped them find ways to be involved in society  Created national parole boards and provincial parole boards  Provincial parole boards only in Ontario or British Columbia  also introduced that reemission would be considered at 2/3 of sentence or four years, which ever came first The Old & New Penology’s  Old Penology  Crime can be erased through rehabilitation  New Penology  Comes from Latin word “Polna = Punishment”  Crime is a given in society  In order to help control crime in society we can control and manage people through this model by categorizing people with respect to risk; more of a conservative way of treating people less to do with the person more with society and likeliness of recommitting  Risk assessment and probability models; Management of crime as opposed to rehabilitation  Since 1978, corrections and parole has been under the influence of the New Penology.  In 1992, the CCRA differentiates between violent and non-violent offenders.  Twin or Dual Track Systems; also called Bifurcation  Violent offenders granted parole later, will either be kept longer or until expiry Bifurcation  First Track  Schedule I of the CCRA: death, serious harm, serious offences, epically if it involved a child  Schedule II of the CCRA: those being with charged serious drug offences, trafficking, production of drugs, or money laundering  Second Track  Petty or first time offenders: parole granted more quickly, thought more of a chance of rehabilitation to occur Who is in Charge of Parole?  Federal Offenders = the National Parole Board (NPB)  There are around 73 board members; 41 full-time and 32 part- time. The mission: grant, deny, cancel, revoke conditional releases.  Provincial Offenders = Ontario, B.C., Quebec (for the rest it’s the NPB) o Operates as a tribunal and accountable for its actions to both the government and the rest of the citizens of Canada. As a result they must report and justify all their decisions o Also have authority to deny parole  Conditional releases do NOT mean that the sentences are shortened but that the remainder is served in the community, under supervision by CSC, with conditions. Eligibility Dates Types of Conditional Releases 1. Escorted Temporary Absences (ETAs) • Can ask anytime • This might be to go to a doctors appointment or specialists 2. Unescorted Temporary Absences (UTAs) • 1/6th sentence or 6 months • Lifers = 3 years before full parole • Similar to above, contact with family, counseling, medical issues 3. Work Release • 1/6th sentence or six months • only available for minimal security risks • this is so they can do paid work while serving time •
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