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

Act current to 2020-07-28 and last amended on 2019-11-30. Previous Versions

PART IIConditional Release, Detention and Long-term Supervision (continued)

Detention during Period of Statutory Release (continued)

Marginal note:Review by Board of cases referred

  •  (1) Where the case of an offender is referred to the Board by the Service pursuant to subsection 129(2) or referred to the Chairperson of the Board by the Commissioner pursuant to subsection 129(3) or (3.1), the Board shall, subject to subsections 129(5), (6) and (7), at the times and in the manner prescribed by the regulations,

    • (a) inform the offender of the referral and review, and

    • (b) review the case,

    and the Board shall cause all such inquiries to be conducted in connection with the review as it considers necessary.

  • Marginal note:Detention pending review

    (2) An offender referred to in subsection (1) is not entitled to be released on statutory release before the Board renders its decision under this section in relation to the offender.

  • Marginal note:Decision of Board

    (3) On completion of the review of the case of an offender referred to in subsection (1), the Board may order that the offender not be released from imprisonment before the expiration of the offender’s sentence according to law, except as provided by subsection (5), where the Board is satisfied

    • (a) in the case of an offender serving a sentence that includes a sentence for an offence set out in Schedule I, or for an offence set out in Schedule I that is punishable under section 130 of the National Defence Act, that the offender is likely, if released, to commit an offence causing the death of or serious harm to another person or a sexual offence involving a child before the expiration of the offender’s sentence according to law,

    • (b) in the case of an offender serving a sentence that includes a sentence for an offence set out in Schedule II, or for an offence set out in Schedule II that is punishable under section 130 of the National Defence Act, that the offender is likely, if released, to commit a serious drug offence before the expiration of the offender’s sentence according to law,

    • (c) in the case of an offender whose case was referred to the Chairperson of the Board pursuant to subsection 129(3) or (3.1), that the offender is likely, if released, to commit an offence causing the death of 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 according to law.

  • Marginal note:When order takes effect

    (3.1) An order made under subsection (3) takes effect on the day on which it is made.

  • Marginal note:Effect of order where additional sentence

    (3.2) Where, before the expiration of a sentence in respect of which an order under subsection (3) has been made, an offender receives an additional sentence and the date of the expiration of the sentence that includes the additional sentence as provided by subsection 139(1) is later than the date of the expiration of the sentence that the offender was serving before the additional sentence was imposed,

    • (a) the Board shall review the order at the time and in the manner prescribed by the regulations where, as a result of the additional sentence, the statutory release date has already passed or is within nine months after the day on which the offender received the additional sentence; and

    • (b) the order is cancelled where, as a result of the additional sentence, the statutory release date is nine months or more after the day on which the offender received the additional sentence.

  • Marginal note:Board’s powers on review

    (3.3) The Board shall, on completing a review under paragraph (3.2)(a)

    • (a) confirm the order to prevent the release of the offender until the expiration of the sentence in respect of which the order was made; or

    • (b) amend the order to prevent the release of the offender until the expiration of the sentence that includes the additional sentence as provided by subsection 139(1).

  • Marginal note:Detention pending review

    (3.4) An offender in respect of whom an order, that is subject to review under paragraph (3.2)(a), has been made is not entitled to be released on statutory release before the Board renders its decision under subsection (3.3) in relation to the order.

  • Marginal note:Special order by Board

    (4) Where the Board is not satisfied as provided in subsection (3) but is satisfied that

    • (a) at the time the case was referred to it, the offender was serving a sentence that included a sentence for an offence set out in Schedule I or II, or for an offence set out in Schedule I or II that is punishable under section 130 of the National Defence Act, and

    • (b) in the case of an offence set out in Schedule I or an offence set out in Schedule I that is punishable under section 130 of the National Defence Act, the commission of the offence caused the death of, or serious harm to, another person or the offence was a sexual offence involving a child,

    it may order that if the statutory release is later revoked, the offender is not entitled to be released again on statutory release before the expiration of the offender’s sentence according to law.

  • Marginal note:Temporary absence with escort

    (5) An offender who is in custody pursuant to an order made under subsection (3) or amended under paragraph (3.3)(b) is not eligible to be released from imprisonment, except on a temporary absence with escort under Part I for medical or administrative reasons.

  • Marginal note:Where order for release revoked

    (6) Where an offender is ordered under subsection (3) or paragraph (3.3)(b) not to be released and is subsequently released pursuant to an order made under subparagraph 131(3)(a)(ii) or (iii) and the statutory release is later revoked, the offender is not entitled to be released again on statutory release before the expiration of the offender’s sentence according to law.

  • (7) [Repealed, 1995, c. 42, s. 45]

  • 1992, c. 20, s. 130
  • 1995, c. 42, s. 45
  • 1997, c. 17, s. 26(F)
  • 1998, c. 35, s. 118
  • 2012, c. 1, s. 85

Marginal note:Annual review of orders

  •  (1) The Board shall review every order made under subsection 130(3) within one year after the date the order was made, and thereafter within one year after the date of each preceding review while the offender remains subject to the order.

  • Marginal note:Schedule I offence

    (1.1) Despite subsection (1), if the order made under subsection 130(3) relates to an offender who is serving a sentence imposed for an offence set out in Schedule I whose commission caused the death of or serious harm to another person, the Board shall review the order within two years after the date the order was made, and thereafter within two years after the date of each preceding review while the offender remains subject to the order.

  • Marginal note:Board to inquire

    (2) The Board shall cause such inquiries to be conducted in connection with each review under subsection (1) as it considers necessary to determine whether there is sufficient new information concerning the offender to justify modifying the order or making a new order.

  • Marginal note:Board’s powers on review

    (3) The Board, on completing a review under subsection (1), shall

    • (a) with respect to an order made under subsection 130(3) or paragraph 130(3.3)(b),

      • (i) confirm the order,

      • (ii) order the statutory release of the offender subject to the condition that the offender reside in a community-based residential facility, psychiatric facility or, subject to subsection (4), a penitentiary designated pursuant to subsection (5), where the offender has been detained for a period during statutory release and the Board is satisfied that the condition is reasonable and necessary in order to protect society and to facilitate the successful reintegration into society of the offender, or

      • (iii) order the statutory release of the offender without such a residence requirement; or

    • (b) with respect to an order made under subparagraph (3)(a)(ii),

      • (i) confirm or modify the order, or

      • (ii) order the statutory release of the offender without such a residence requirement.

  • Marginal note:Consent of Commissioner

    (4) A condition under subparagraph (3)(a)(ii) that an offender reside in a penitentiary designated pursuant to subsection (5) is valid only if consented to in writing by the Commissioner or a person designated, by name or by position, by the Commissioner.

  • Marginal note:Designation

    (5) The Commissioner may designate penitentiaries for the purposes of orders made under subparagraph (3)(a)(ii).

  • 1992, c. 20, s. 131
  • 1995, c. 42, s. 46
  • 1997, c. 17, s. 27
  • 2015, c. 11, s. 3

Marginal note:Relevant factors in detention reviews

  •  (1) For the purposes of the review and determination of the case of an offender pursuant to section 129, 130 or 131, the Service, the Commissioner or the Board, as the case may be, shall take into consideration any factor that is relevant in determining the likelihood of the commission of an offence causing the death of or serious harm to another person before the expiration of the offender’s sentence according to law, including

    • (a) a pattern of persistent violent behaviour established on the basis of any evidence, in particular,

      • (i) the number of offences committed by the offender causing physical or psychological harm,

      • (ii) the seriousness of the offence for which the sentence is being served,

      • (iii) reliable information demonstrating that the offender has had difficulties controlling violent or sexual impulses to the point of endangering the safety of any other person,

      • (iv) the use of a weapon in the commission of any offence by the offender,

      • (v) explicit threats of violence made by the offender,

      • (vi) behaviour of a brutal nature associated with the commission of any offence by the offender, and

      • (vii) a substantial degree of indifference on the part of the offender as to the consequences to other persons of the offender’s behaviour;

    • (b) medical, psychiatric or psychological evidence of such likelihood owing to a physical or mental illness or disorder of the offender;

    • (c) reliable information compelling the conclusion that the offender is planning to commit an offence causing the death of or serious harm to another person before the expiration of the offender’s sentence according to law; and

    • (d) the availability of supervision programs that would offer adequate protection to the public from the risk the offender might otherwise present until the expiration of the offender’s sentence according to law.

  • Marginal note:Idem

    (1.1) For the purposes of the review and determination of the case of an offender pursuant to section 129, 130 or 131, the Service, the Commissioner or the Board, as the case may be, shall take into consideration any factor that is relevant in determining the likelihood of the commission of a sexual offence involving a child before the expiration of the offender’s sentence according to law, including

    • (a) a pattern of persistent sexual behaviour involving children established on the basis of any evidence, in particular,

      • (i) the number of sexual offences involving a child committed by the offender,

      • (ii) the seriousness of the offence for which the sentence is being served,

      • (iii) reliable information demonstrating that the offender has had difficulties controlling sexual impulses involving children,

      • (iv) behaviour of a sexual nature associated with the commission of any offence by the offender, and

      • (v) a substantial degree of indifference on the part of the offender as to the consequences to other persons of the offender’s behaviour;

    • (b) reliable information about the offender’s sexual preferences indicating that the offender is likely to commit a sexual offence involving a child before the expiration of the offender’s sentence according to law;

    • (c) medical, psychiatric or psychological evidence of the likelihood of the offender committing such an offence owing to a physical or mental illness or disorder of the offender;

    • (d) reliable information compelling the conclusion that the offender is planning to commit such an offence; and

    • (e) the availability of supervision programs that would offer adequate protection to the public from the risk the offender might otherwise present until the expiration of the offender’s sentence according to law.

  • Marginal note:Idem

    (2) For the purposes of the review and determination of the case of an offender pursuant to section 129, 130 or 131, the Service, the Commissioner or the Board, as the case may be, shall take into consideration any factor that is relevant in determining the likelihood of the commission of a serious drug offence before the expiration of the offender’s sentence according to law, including

    • (a) a pattern of persistent involvement in drug-related crime established on the basis of any evidence, in particular,

      • (i) the number of drug-related offences committed by the offender,

      • (ii) the seriousness of the offence for which the sentence is being served,

      • (iii) the type and quantity of drugs involved in any offence committed by the offender,

      • (iv) reliable information demonstrating that the offender remains involved in drug-related activities, and

      • (v) a substantial degree of indifference on the part of the offender as to the consequences to other persons of the offender’s behaviour;

    • (b) medical, psychiatric or psychological evidence of such likelihood owing to a physical or mental illness or disorder of the offender;

    • (c) reliable information compelling the conclusion that the offender is planning to commit a serious drug offence before the expiration of the offender’s sentence according to law; and

    • (d) the availability of supervision programs that would offer adequate protection to the public from the risk the offender might otherwise present until the expiration of the offender’s sentence according to law.

  • 1992, c. 20, s. 132
  • 1995, c. 42, s. 47
 
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