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Alberta Association of Police Governance Calgary, Alberta May 1, 2010

Alberta Association of Police Governance Calgary, Alberta May 1, 2010. Rev. 10.04.28. What is the National Parole Board?. An independent administrative tribunal that: is neither judicial nor quasi-judicial; acts strictly in an administrative manner; has an inquisitorial capacity;

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Alberta Association of Police Governance Calgary, Alberta May 1, 2010

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  1. Alberta Association of Police Governance Calgary, Alberta May 1, 2010 Rev. 10.04.28

  2. What is the National Parole Board? An independent administrative tribunal that: • is neither judicial nor quasi-judicial; • acts strictly in an administrative manner; • has an inquisitorial capacity; • does not hear evidence but rather acts on reliable and persuasive information; and • takes into account "all available information that is relevant”

  3. NPB Regions

  4. Board Members • All Canadians are eligible to apply • Governor in Council (GIC) Appointed • Independent Decision makers • 45 full-time / approx. 35 part-time nationally • Receive intensive / specialized training in the assessment of offender risk, interviewing, and legislation (CCRA)

  5. Conditional Release What is parole? A bridge between prison and the community that allows some offenders to serve the balance of their sentencein the community under supervision. Purpose? “…to contribute to the maintenance of a just, peaceful and safe society by means of decisions on thetiming and conditions of release that will best facilitate the rehabilitation of offenders and their reintegration into the community as law-abiding citizens.” (S.100, CCRA)

  6. Why conditional release? • Majority of federal offenders (4/5) are serving fixed length sentences. They are eventually and inevitably released. • Provides a gradual and supervised release with conditions before the sentence ends. • Research shows that offenders released gradually and under supervision are more successful at safely reintegrating into society, and less likely to re-offend. • It does not shorten the sentence. It is part of the management of the sentence.

  7. Snapshot of Federal Population • 13,300 offenders serving a federal sentence in an institution(>3300 in Prairies) • 8,700 offenders under some form of conditional release in community (>2000 in Prairies) • Offenders are increasingly involved in gang/organized crime and/or suffer mental health issues NPB Performance Monitoring Report 2008-2009

  8. Parole Eligibility Eligibility does not mean release, only a review date. Every offender, including a “lifer”, is entitled to a review. Initial review for full parole is normally at 1/3 unless specified otherwise by law (e.g. life & indeterminate sentences). Subsequent reviews every 2 years.

  9. Types of Conditional Release • Escorted Temporary Absence • Unescorted Temporary Absence • Day Parole • Full Parole • Statutory Release

  10. Criteria for Granting Parole The Board may grant parole to an offender if, in its opinion: • offender will not, by re-offending, present an undue risk to society before the expiration according to law of the sentence the offender is serving; and • release of the offender will contribute to the protection of society by facilitating the reintegration of the offender into society as a law-abiding citizen. Section 102, CCRA

  11. Accelerated Parole Review First federal sentence & not serving for murder or an offence set out in Schedule I “…if the Board is satisfied that there are no reasonable grounds to believe that the offender , if released, is likelyto commit an offence involving violence before the expiration of the offender’s sentence according to law, it shall direct that the offender be released on full parole”. S. 126 (2), CCRA

  12. Statutory Release • Law requires Correctional Service Canada (CSC) to release offenders after serving 2/3 of a determinate length sentence • NPB authority limited to imposing special conditions • NPB may detain an offender, only ifCSC refers the case to the Board • Of the 267 offenders referred for detention review in F08/09, the Board detained 256.

  13. Long-Term Supervision Order (LTSO) Term of supervision (max. 10 years) which takes effect at the end of an offender’s sentence; Imposed by the courts at time of sentencing (it is part of the sentence); As there is no Warrant of Committal, offenders must be released on LTSO; Role of NPB is to impose / vary / remove special conditions and recommend laying of Information.

  14. NPB Responsibilities • Conducts risk assessment to make conditional release decisions for federal offenders • Conducts risk assessment to make conditional release decisions for provincial offenders, except in Ontario and Québec • Issues, grants, denies, and revokes pardons • Makes recommendations for clemency and Royal Prerogative for Mercy

  15. Principles Guiding the NPB By law, the protection of society is the paramount consideration in all NPB decisions Consideration of all relevant information Timely exchange of relevant information Least restrictive determination consistent with the protection of society Offenders receive relevant information, reasons for decisions, and access to appeal Section 101, CCRA

  16. Risk Assessment Past:Assessment of offender’s criminal, social, and correctional history with analysis of risk factors and criminogenic needs. Present:Assessment of current problems, benefits from programs, institutional behaviour, understanding of offence and impact on victim. Future:Assessment of current problems, release plans, “reasonable and necessary” special conditions, and information from community and police.

  17. Quality Information Sharing The flow of risk-related information from police to CSC to NPB is critically important; this includes shareable intelligence information. Information and “intelligence” is vital to quality, risk-based, decision-making. NPB/CSC are committed to information sharing and believe all members of the criminal justice system have the same fundamental objective: public safety.

  18. Conditional Release Outcomes National outcomes over a ten-year period: Over 90% of parole releases did not result in a new offence Over 99% of parole releases did not result in a new violent offence 58% of offenders on statutory release successfully completed their sentences

  19. Victim, Observer, & Decision Registry Services Registered victims can… • receive information about the offender; • request special conditions (I.e.: no-contact); and /or • present a victim statement to the Board. (20,039 contacts with victims in F08/09) • Victims and the public can apply to observe a hearing. (1,904 observed in F08/09) • Victims and the public can access the NPB Registry of Decisions. (6,140 decisions released in F08/09)

  20. For more information: Bernard Pitre, Regional Director General Direct: (780) 442-6770 Email: bernie.pitre@npb-cnlc.gc.caVictims Toll Free Information Line:1-866-789-INFO (4636)National Parole Board Website:www.npb-cnlc.gc.ca

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