Corrections and Conditional Release Act (S.C. 1992, c. 20)

Marginal note:Minimum time to be served

• 115 (1) Subject to subsection (2), the portion of a sentence that must be served before an offender serving a sentence in a penitentiary may be released on an unescorted temporary absence is

  • (a) in the case of an offender serving a life sentence, other than an offender referred to in paragraph (a.1), the period required to be served by the offender to reach the offender’s full parole eligibility date less three years;

  • (a.1) in the case of an offender described in subsection 746.1(3) of the Criminal Code, the longer of

    • (i) the period that expires when all but one fifth of the period of imprisonment the offender is to serve without eligibility for parole has been served, and

    • (ii) the period required to be served by the offender to reach the offender’s full parole eligibility date, determined in accordance with subsection 120.2(2), less three years;

  • (b) in the case of an offender serving a sentence for an indeterminate period, other than an offender referred to in paragraph (b.1), the longer of

    • (i) the period required to be served by the offender to reach the offender’s full parole eligibility date, determined in accordance with section 761 of the Criminal Code, less three years, and

    • (ii) the period required to be served by the offender to reach the offender’s full parole eligibility date, determined in accordance with subsection 120.2(2), less three years;

  • (b.1) in the case of an offender serving a sentence for an indeterminate period as of the date on which this paragraph comes into force, the longer of

    • (i) three years, and

    • (ii) the period required to be served by the offender to reach the offender’s full parole eligibility date, determined in accordance with subsection 120.2(2), less three years; and

  • (c) in any other case, the longer of

    • (i) six months, and

    • (ii) one half of the period required to be served by the offender to reach their full parole eligibility date.

• Marginal note:Exceptions

  (2) Subsection (1) does not apply to an offender whose life or health is in danger and for whom an unescorted temporary absence is required in order to administer emergency medical treatment.

• Marginal note:Maximum security

  (3) Offenders who, pursuant to subsection 30(1) and the regulations made under paragraph 96(z.6), are classified as maximum security offenders are not eligible for an unescorted temporary absence.