An Overview

1. An Overview Presented by Léon Larocque Ph.D.

2. Philosophy • 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

3. Canadian 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%

4. The 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.

5. National 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)

6. Our 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.

7. Our Vision … • Better risk assessment and better decision-making • A modern, relevant legislative framework • Greater understanding of and improved response to Canadian diversity • Highly qualified members and staff more effectively sustained through continuous learning and effective succession planning • Greater representation of diverse communities among Board members and staff • More effective public information to build understanding of conditional release as a strategy for public safety.

8. … Our Vision • More inclusive processes for victims of crime • More effective response to the needs of Aboriginal offenders and Aboriginal communities • Better partnerships with community to support effective conditional release • More timely and effective processing of pardon applications • Greater use and integration of information technology systems in support of quality decision-making • A resource strategy that sustains effective operations and continuous improvement

9. Jurisdiction • The National Parole Board • all adult offenders serving two years or more in a federal penitentiary • offenders 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

10. Our Partner, 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.

11. Board Members & Employees • Members 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.

12. Board Member Qualification Process • Advertisements in the Canada Gazette, government websites and regional newspapers; • A pre-selection review based on criteria and specific needs (varied representation of career background and diverse population); • Two parts follow in the process: written exam; if successful, panel interview, reference check; • List of qualified candidates sent to the Minister of Public Safety who recommends appointments to the Government;

13. Board Member Training & Development • After appointments, each new member attends a 5-week orientation program • 2 weeks at national office • 3 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.

14. Conditional 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.

15. Principles 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.

16. 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.

17. Parole Eligibility • Eligibility means the offender is entitled to a review • All 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 years • Parole 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.

18. Parole 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.

19. Victims 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 2007/08 • Victims 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.

20. Transparency & Accountability • Advertise Board member positions • Hearings 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 media • NPB website accessible to the public • Boards of Investigation reports – released publicly • Annual performance report to Parliament (* over last 5 years)

21. Some 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)

22. Grant Rates – 2007/2008

23. Outcomes – 2007/2008

24. Statutory Release Outcomes – 2007/2008

25. Challenges • 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.

26. A need for constructive ideas • More 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.

27. Thank you NPB website www.npb-cnlc.gc.ca Email address Leon.Larocque@npb-cnlc.gc.ca