April 21, 2009

An OverviewAn OverviewPresented byPresented by

Léon Larocque Ph.D.Léon Larocque Ph.D.

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PhilosophyPhilosophy

Not all offenders and not all offences are the same.Penalties should be neither heavier nor lighter than merited, but in proportion to the offence. Rehabilitation is part of a criminal justice system which truly protects society.Fairness, balance and proportion must be blended in.

Directions for Reform, A Framework for Sentencing, Corrections and Conditional Release, 1990, p. 29

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Canadian DemographicsCanadian Demographics

Population – 33.3 million (2008) – projection of 35 million by 2017;Immigration is important for growth: more than 50%;Population is aging: by 2015, seniors 65+ will become more numerous than children 15 years or less;Population increasingly urbanised: 80% in cities of 10,000 or more;Aboriginal population: 4% of total – younger, growing faster and 50% in urban areas; and,Visible minority groups: 13% and growing faster as well. i.e. Toronto – 50%, Vancouver 40%

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The National Parole BoardThe National Parole Board

In Canada, the National Parole Board is an agency of the Department of Public Safety.It is an independent administrative tribunal that makes decisions about parole and pardons.Discretionary early release for prisoners was introduced in Canada in 1899 as part of Parliament’s authority over the criminal law. (The Ticket of Leave Act)The NPB was created in 1959.

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National and Regional OfficesNational and Regional Offices

The National Office is located in Ottawa, Ontario.

Appeal Division, Board Member Training, Communications, Corporate Services, Legal Services, and Pardons & Clemency Division

The Board also has offices in the 5 regions of Canada (Pacific, Prairies, Ontario & Nunavut, Quebec & Atlantic)

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Our MissionOur Mission

As part of the Criminal Justice System, the Board makes independent, quality conditional release and pardon decisions and clemency recommendations.

The Board contributes to the protection of society by facilitating, as appropriate, the timely reintegration of offenders as law-abiding citizens.

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Our Vision …Our Vision …Better risk assessment and better decision-makingA modern, relevant legislative frameworkGreater understanding of and improved response to Canadian diversityHighly qualified members and staff more effectively sustained through continuous learning and effective succession planningGreater representation of diverse communities among Board members and staffMore effective public information to build understanding of conditional release as a strategy for public safety.

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… … Our VisionOur VisionMore inclusive processes for victims of crimeMore effective response to the needs of Aboriginal offenders and Aboriginal communities Better partnerships with community to support effective conditional releaseMore timely and effective processing of pardon applicationsGreater use and integration of information technology systems in support of quality decision-makingA resource strategy that sustains effective operations and continuous improvement

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JurisdictionJurisdiction

The National Parole Boardall adult offenders serving two years or more in a federal penitentiaryoffenders serving less than two years in the eight provinces and three territories that do not have their own paroling authority

Provincial Parole Boards (Ontario & Quebec)all adult offenders sentenced to less than two years and federal offenders incarcerated in their provincial prisons

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Our PartnerOur Partner,, the CSC the CSC

Our main partner is the Correctional Service of Canada (CSC)

Offender supervision is under CSC authority; assisted by community organizations.CSC is responsible for providing the Board with case information and recommendations to assist in decision-making. CSC sees to the social reintegration of offenders by providing them with assistance, programs and control, as necessary.

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Board Members & EmployeesBoard Members & EmployeesMembers are appointed by the Governor in Council. They come from a variety of professional backgrounds and personal experiences (criminologists, lawyers, police, psychologists, social workers, businesspersons, academics…)Legislation provides for 45 full time members including the Chairperson, the Executive Vice-Chairperson. They are usually appointed for 5-year terms.Approximately 40-45 part time members, appointed for 3-year terms. Terms can be renewed.Team of approximately 385 Public Service employees who assist the NPB in delivering its mandate.

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Board Member Qualification ProcessBoard Member Qualification Process

1. Advertisements in the Canada Gazette, government websites and regional newspapers;

2. A pre-selection review based on criteria and specific needs (varied representation of career background and diverse population);

3. Two parts follow in the process: written exam; if successful, panel interview, reference check;

4. List of qualified candidates sent to the Minister of Public Safety who recommends appointments to the Government;

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Board Member Training & DevelopmentBoard Member Training & Development

After appointments, each new member attends a 5-week orientation program

2 weeks at national office3 weeks at respective regional office

Board members also have 20 days of continuous professional development annually.

Board members are bound by a code of ethics and are subject to annual appraisals.

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Conditional Release – Its PurposeConditional Release – Its Purpose

Majority of offenders in federal custody (4/5) are serving fixed length sentences.

They will inevitably and eventually be released.

Conditional release provides a gradual and supervised release with conditions before sentence ends.

Research shows that parole contributes effectively to public safety.

It does not shorten the sentence. It is part of the management of the sentence.

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Principles of Conditional ReleasePrinciples of Conditional Release

Protection of society is the paramount consideration;

Least restrictive determination consistent with the protection of society;

Offenders have access to an appeal process.

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Types of Conditional Release Types of Conditional Release

Day Parole: provides opportunities to participate in community-based activities like treatment programs, education, employment, etc.; the offender stays in a community facility such as a halfway house; preparatory to full parole; or before statutory release;

Full Parole: the offender serves the remainder of his sentence under supervision in the community;

Statutory release: at the 2/3 mark of a sentence, by law the offender is released and under supervision until warrant expiry unless he is under a detention order.

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Parole Eligibility Parole Eligibility Eligibility means the offender is entitled to a reviewAll offenders, including lifers, are eligible for parole review by law. Initial review for full parole is normally at 1/3 of the sentence, unless otherwise specified by law.Subsequent reviews every two yearsParole eligibility for lifers is set by law or by the court; 1st degree murder is at 25 years; 2nd degree murder is between 10 to 25 years.All releases for lifers are at the discretion of the Board.Lifers remain under supervision indefinitely.

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Parole Criteria & Release DecisionParole Criteria & Release Decision

Offender will not, by re-offending, present an undue risk to society before expiration of sentence.Release of offender will contribute to protection of society by facilitating his/her reintegration as a law-abiding citizen. The Board considers offender’s past/present/future to assess readiness of offender to gradually reintegrate into the community and ensure risk is manageable.If granted release, offender must respect conditions. There are standard conditions, and, if needed, special conditions.

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Victims of crimeVictims of crime

Since 1992, victims can register with the Board and maintain contact with specially designated officers in each region.Victim contacts grew from more than 15,000 in 2003/04 to more than 20,000 in 2007/08Victims or their families have a right to information about eligibility dates and scheduled dates of hearings. Victims can observe hearings, submit a written impact statement and, since July 2001, present an oral statement at the hearing. (244 in 2007/08)They can also request special conditions to prohibit contact with the offender if granted release.They can obtain a copy of the decision.

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Transparency & AccountabilityTransparency & AccountabilityAdvertise Board member positionsHearings publicly accessible – 7,000 observers*Decisions publicly available – 25,000 decisions released* Contacts with victims – 83,000*Designated, trained media spokespersons in each region, who quickly respond to mediaNPB website accessible to the publicBoards of Investigation reports – released publicly Annual performance report to Parliament

(* over last 5 years)

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Some StatisticsSome Statistics

Over the last 10 years, the crime rate in Canada, including violent crimes, has steadily declined.In 2007, the incarceration rate in Canada was 108 per 100,000 inhabitants.68.4% of the federally sentenced population in Canada is comprised of offenders convicted for violent crimes. It is a more hardened and complex population.In 2007-2008, the number of decisions by the NPB was 24,983. (Federal & Provincial)

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Grant Rates – 2007/2008Grant Rates – 2007/2008

Day Parole

70.8%

29.2%

Granted Denied

Full Parole

45.3%

54.7%

Granted Denied

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Outcomes – 2007/2008Outcomes – 2007/2008

Day Parole

14.2%

3.3%0.5%

82.0%

SuccessfulBreachedNon-ViolentViolent

Full Parole

71.6%

20.6%

7.0%

0.8%

SuccessfulBreachedNon-ViolentViolent

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Statutory Release Outcomes – 2007/2008Statutory Release Outcomes – 2007/2008

30.0%

58.7%

9.2%

2.1%

Successful Breached

Non-Violent Violent

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ChallengesChallenges

Calls for «get tough on crime» approach when tragic incidents happen in the community.Calls for reviews of the corrections and parole systems.Media attention on failures and not on successes.Fear of crime – distorted perceptions.Pressures from victim groups.Difficult public environment.

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A need for constructive ideasA need for constructive ideasMore research on tools to assess risk and readiness.Ongoing improvement to the process of appointing and training Board members.Continue developing innovative hearing processes.Learn from positive practices.Sustained public education to enhance understanding and support of parole.Strong partnerships with communities are important.Continuous enhancements to laws, policies and practices.Better collaboration among partners of the criminal justice system.

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NPB websitewww.npb-cnlc.gc.ca

Email address Leon.Larocque@npb-cnlc.gc.ca

Thank you