PART IIConditional Release, Detention and Long-term Supervision (continued)
Suspension, Termination, Revocation and Inoperativeness of Parole, Statutory Release or Long-Term Supervision (continued)
Marginal note:Suspension of long-term supervision
135.1 (1) A member of the Board or a person designated, by name or by position, by the Chairperson of the Board or by the Commissioner, when an offender breaches a condition of a long-term supervision order or a condition referred to in section 134.1 or when the member or person is satisfied that it is necessary and reasonable to suspend the long-term supervision in order to prevent a breach of any condition of it or to protect society, may, by warrant,
(a) suspend the long-term supervision;
(b) authorize the apprehension of the offender; and
(c) authorize the commitment of the offender to a community-based residential facility or a mental health facility or, where the member or person is satisfied that commitment to custody is necessary, to custody until the suspension is cancelled, new conditions for the long-term supervision have been established or the offender is charged with an offence under section 753.3 of the Criminal Code.
Marginal note:Limit on commitment
(2) The period of the commitment of the offender mentioned in paragraph (1)(c) must not exceed ninety days.
Marginal note:Where offender committed
(3) Where an offender is committed under paragraph (1)(c), the period of the commitment is included in the calculation of the period of long-term supervision ordered under a long-term supervision order, but if there is a period between the issuance of the warrant and the commitment to custody, that period is not included in that calculation.
Marginal note:Transfer of offender
(4) A person designated pursuant to subsection (1) may, by warrant, order the transfer to penitentiary of an offender who is committed under paragraph (1)(c) in a place other than a penitentiary.
Marginal note:Cancellation of suspension or referral
(5) The person who signs a warrant pursuant to subsection (1), or any other person designated pursuant to that subsection, shall, immediately after the commitment of the offender, review the offender’s case and, as soon as possible but in any case no later than thirty days after the commitment, cancel the suspension or refer the case to the Board together with an assessment of the case.
Marginal note:Review by Board
(6) The Board shall, on the referral to it of the case of an offender, review the case and, before the end of the period referred to in subsection (2),
(a) cancel the suspension, if the Board is satisfied that, in view of the offender’s behaviour while being supervised, the resumption of long-term supervision would not constitute a substantial risk to society by reason of the offender reoffending before the expiration of the period of long-term supervision; or
(b) [Repealed, 2012, c. 1, s. 90]
(c) where the Board is satisfied that no appropriate program of supervision can be established that would adequately protect society from the risk of the offender reoffending, and that it appears that a breach has occurred, recommend that an information be laid charging the offender with an offence under section 753.3 of the Criminal Code.
Marginal note:Laying of information
(7) Where the Board recommends that an information be laid pursuant to paragraph (6)(c), the Service shall recommend to the Attorney General who has jurisdiction in the place in which the breach of the condition occurred that an information be laid charging the offender with an offence under section 753.3 of the Criminal Code.
Marginal note:Terms of cancellation
(8) If in the Board’s opinion it is necessary and reasonable to do so in order to protect society or to facilitate the reintegration of the offender into society, the Board, when it cancels a suspension of the long-term supervision order of an offender, may
(a) reprimand the offender in order to warn the offender of the Board’s dissatisfaction with the offender’s behaviour while being supervised;
(b) alter the conditions of the long-term supervision; and
(c) order the cancellation not to take effect until the expiration of a specified period that ends on a date not later than the end of the ninety days referred to in subsection (2), in order to allow the offender to participate in a program that would help ensure that society is protected from the risk of the offender reoffending.
Marginal note:Transmission of cancellation of suspension
(9) Where a person referred to in subsection (4) or the Board cancels a suspension under this section, the person or the Board, as the case may be, shall forward a notification of the cancellation of the suspension or an electronically transmitted copy of the notification to the person in charge of the facility in which the offender is being held.
- 1997, c. 17, s. 33
- 2012, c. 1, s. 90
Marginal note:Warrant for apprehension and recommitment
136 A member of the Board or a person designated, by name or position, by the Chairperson of the Board or the Commissioner may, by warrant, authorize an offender’s apprehension and recommitment to custody if
(a) their parole is terminated or revoked or becomes inoperative under subsection 135(9.2); or
(b) their statutory release is terminated or revoked or they are no longer entitled to be released on statutory release as a result of a change to their statutory release date under subsection 127(5.1).
- 1992, c. 20, s. 136
- 1995, c. 42, s. 51
- 1997, c. 17, s. 33
- 2012, c. 1, s. 91
Marginal note:Execution of warrant
137 (1) A warrant of apprehension issued under section 11.1, 18, 118, 135, 135.1 or 136 or by a provincial parole board, or an electronically transmitted copy of such a warrant, shall be executed by any peace officer to whom it is given in any place in Canada as if it had been originally issued or subsequently endorsed by a justice or other lawful authority having jurisdiction in that place.
Marginal note:Arrest without warrant
(2) A peace officer who believes on reasonable grounds that a warrant is in force under this Part or under the authority of a provincial parole board for the apprehension of a person may arrest the person without warrant and remand the person in custody.
Marginal note:Where arrest made
(3) Where a person has been arrested pursuant to subsection (2), the warrant of apprehension, or an electronically transmitted copy thereof, shall be executed within forty-eight hours after the arrest is made, failing which the person shall be released.
- 1992, c. 20, s. 137
- 1995, c. 42, s. 52
- 1997, c. 17, s. 34
Marginal note:Arrest without warrant — breach of conditions
137.1 A peace officer may arrest without warrant an offender who has committed a breach of a condition of their parole, statutory release or unescorted temporary absence, or whom the peace officer finds committing such a breach, unless the peace officer
(a) believes on reasonable grounds that the public interest may be satisfied without arresting the person, having regard to all the circumstances including the need to
(b) does not believe on reasonable grounds that the person will fail to report to their parole supervisor in order to be dealt with according to law if the peace officer does not arrest the person.
- 2012, c. 1, s. 92
Marginal note:Serving balance of sentence
138 (1) Where the parole or statutory release of an offender is terminated or revoked, the offender shall be recommitted to custody and shall serve the portion of the sentence that remained unexpired on the day on which the parole or statutory release was terminated or revoked.
Marginal note:Effect of termination on parole and statutory release
(2) An offender whose parole or statutory release has been terminated is
Marginal note:No forfeiture of remission
(3) An offender whose parole or statutory release has been terminated is not liable to forfeit
Marginal note:Effect of revocation on parole
(4) An offender whose parole or statutory release has been revoked is eligible for parole in accordance with section 120, 120.1, 120.2 or 120.3, as the case may be.
(5) Notwithstanding sections 122 and 123, the Board is not required to conduct a review for the purpose of parole of the case of an offender referred to in subsection (4) within one year after the date on which the offender’s parole or statutory release is revoked.
Marginal note:Effect of revocation on statutory release
(6) Subject to subsections 130(4) and (6), an offender whose parole or statutory release has been revoked is entitled to be released on statutory release in accordance with subsection 127(5).
- 1992, c. 20, s. 138
- 1995, c. 42, ss. 53, 70(E)
- 2004, c. 21, s. 40
- 2012, c. 1, s. 93
- Date modified: