Understanding Parole:

Transcription

1 Understanding Parole: A Simulated Parole Hearing Kit

2 Acknowledgements PLEA gratefully acknowledges the support of the National Parole Board, Ottawa, and the National Parole Board, Prairies Region, in the development of this kit. This manual has been prepared by PLEA. Any legal information contained in it is intended for general purposes only and should not form the basis of legal advice of any kind. Individuals seeking specific legal advice should consult a lawyer. PLEA is a non-profit corporation funded by the Law Foundation of Saskatchewan and the Department of Justice (Canada). PLEA is supported by the Law Society of Saskatchewan, Canadian Bar Association (Saskatchewan Branch), University of Saskatchewan College of Law, Saskatchewan Legal Aid Commission, Saskatoon Public Library and the public libraries and regional colleges throughout the province. Contents may not be commercially reproduced, but any other reproduction is encouraged Public Legal Education Association of Saskatchewan, Inc. ISBN

3 Understanding Parole: A Simulated Parole Hearing Kit Table of Contents Introduction Rationale... 1 Goals... 2 Using This Simulated Hearing Kit... 3 The Simulated Parole Hearing Kit at a Glance... 4 Lesson One: Principles Foreword... 5 Objectives... 5 Materials... 5 Suggested Procedures... 5 : The Parole System... 7 Lesson Two: Indroducing the Hearing Foreword Objective Materials Suggested Procedure : The Parole Process Lesson Three: Developing Roles and Preparing for the Hearing Foreword Objective Materials Procedures : Hearing Outline : Considerations : Parole Board Member : Offender & Offender s Assistant : Checklist : Conditions : Offender Information File: One : Offender Information File: Two : Offender Information File: Three : Parole Hearing Script... 34

4 Table of Contents Understanding Parole: A Simulated Parole Hearing Kit Lesson Four: Conducting the Hearing Time Required Procedure Lesson Five: Debriefing Foreword Objectives Suggested Procedures Resources... 39

5 Understanding Parole: A Simulated Parole Hearing Kit Page 1 Introduction The parole system is subject to much controversy and debate. Unfortunately, the system is frequently misunderstood and misrepresented. Inaccurate or incomplete media characterizations are often supplemented by sensational news coverage of repeat offenders committing another crime after their release. The media report little or nothing, however, of the many paroled offenders who successfully re-enter society to live productive, crime-free lives. In order to fairly critique our parole system, it is imperative to be well informed. Parole is not intended to allow criminals to get out early nor to avoid facing the consequences of committing crime. Its purpose is to supervise the offender s re-entry to the community by allowing a portion of the sentence to be served outside prison walls. The most important consideration in the parole process is the protection of society. Evidence has shown that a gradual rather than sudden re-integration to the community is in the best interest of both the public and the offender. Rationale The manual will introduce participants to the philosophy and procedures of parole as well as the factors that contribute to Parole Board decision-making. Further, its aim is to bring awareness to the participants of the learning process itself - how and by what criteria do we learn about parole or a particular offender s chances of returning to society successfully? How do we arrive at our conclusions? Why do similar cases have different outcomes? The main goal of the simulated parole hearing kit is to provide instructional material about the concept of parole and a parole hearing. Teachers play a crucial role in providing young people with the tools to function in their social community. As members of a community, young people must recognize that the law reflects society s values more often than it dictates those values. Through the vehicle of a simulated parole hearing, teachers and facilitators are able to provide students and participants with an opportunity to work with justice concepts in the implementation and process of law. By exploring the philosophy and procedures of parole, participants are provided with an opportunity to develop and appreciate the concept of parole and restorative justice. Ultimately, this program will enable participants to assess and apply the underlying spirit of the parole system.

6 Page 2 Understanding Parole: A Simulated Parole Hearing Kit Goals I. Cognitive A. Recognize the roles played by the sentencing judge, correctional staff and Board members of the National Parole Board. B. Understand basic parole hearing procedures: physical setting, sequence of events, and formalities and rules governing a parole hearing. II. Skills A. Practice speaking and listening skills. B. Develop critical thinking, analytical, judgment and decision-making skills. C. Encourage cooperative skills through group work. III. Affective A. Develop an appreciation for the principles underlying our parole system, namely: the most important consideration is protection of the public; long-term protection of the community is enhanced when offenders return to the community as law-abiding citizens; all relevant information must be considered when making decisions about conditional release. B. Develop a feeling for the roles of various players. C. Appreciate how individual differences in offenders background and experience affect parole decisions. D. Acquire an appreciation for the role of the Board members.

7 Understanding Parole: A Simulated Parole Hearing Kit Page 3 Using This Simulated Hearing Kit This self-contained simulated hearing kit is set out in step-by-step lesson plans to allow instructors inexperienced in the law to successfully conduct a simulated hearing. The kit combines role play and simulation in three hypothetical situations. ROLE PLAY Studies have found that when individuals role play a previously unacceptable position it can increase the acceptability of the position. Participants will be asked to take on the role of an offender applying for parole, an offender s assistant or a Parole Board member. Role playing allows vicarious identification with the individual or group. It allows the participant to walk a mile in someone else s shoes or try a position on for size. If a participant voluntarily chooses to take a role that is opposed to his or her beliefs, studies have shown that a greater attitude change takes place. SIMULATION A simulation activity involves participants in a hypothetical situation or setting that is based on a simplified but operating model of the real world. The participants, in turn, are generally called upon to react to a specific predicament, process or problem that has been singled out for emphasis in the simulated social environment or setting. This instructional method tends to build upon, and further the development of, a participant s imagination, ingenuity, creativity and critical thinking skills by placing them in a real world situation. Participants are called upon to assess the situation, consider alternate courses of action and modes of behaviour and to test their decisions regarding the matter under consideration. It allows for the free expression and analysis of a participant's attitude, opinions, beliefs and values. All materials are included. There is a distribution chart to ensure that participants playing particular roles receive the correct handouts. Depending on the length of the unit, each lesson may take several classes. The following diagram shows, at a glance, the sequence of activities: preparation for the hearing, the hearing, and debriefing after the hearing.

8 Page 4 Understanding Parole: A Simulated Parole Hearing Kit The Simulated Parole Hearing Kit At A Glance Purpose Procedure Materials Lesson One Parole: Principles To provide Review The Parole System background Devil s Advocate information Discussion True or False Discussion & Activity Lesson Two Introducing the To become Review The Parole Process Hearing familiar with Group Discussion basic procedures Lesson Three Developing Roles To prepare roles Review the law Hearing Outline and Preparing for for the simulated Assign roles Considerations the Hearing hearing Distribute material Role s Prepare for hearing Checklist Conditions Offender Information Files Lesson Four Conducting the To role play the Simulated Hearing Hearing Script Hearing simulated hearing Lesson Five Debriefing To gain a more Compare & critical under- Contrast Decisions standing of the Discussion simulated hearing process

9 Understanding Parole: A Simulated Parole Hearing Kit Page 5 Lesson One: Principles I. Foreword This lesson is designed to provide background information on fundamental principles of the parole system in Canada and help to dispel misconceptions. II. Objectives Participants will be able to: demonstrate an understanding of parole concepts recognize common misconceptions about parole distinguish between different types of conditional release demonstrate a general knowledge of eligibility dates for conditional release III. Materials The Parole System IV. Suggested Procedures A. Devil s Advocate Use the handout, The Parole System, as a basis for an overview of parole. The following are suggested activities. You may want to do these activities twice - once before the participants have reviewed the handout for this section and once afterward. The group could then discuss if and how their views changed. Below are two different points of view on the parole system generally. Read them out loud to the group and ask participants which view most accurately reflects their own beliefs. Divide the group accordingly and then ask them to present the most compelling case for the opposite view. Use the questions that follow for discussion. 1. Our parole system is a failure. We need not look any farther than the pages of our newspaper to find examples of where persons out on parole commit horrific crimes. Although not every one paroled falls into this category, it is impossible to predict with any certainty who will and who won t re-offend. Until we can predict with certainty those individuals who will commit further crimes, the parole system should be abolished and criminals should spend their entire sentence behind bars. This is fair punishment for the offender and the best way to protect the public from

10 Page 6 Understanding Parole: A Simulated Parole Hearing Kit criminals. 2. Our parole system offers society the best protection by gradually introducing offenders back into the community, under supervision and with conditions that help offenders to re-enter society as law-abiding citizens. While there are no guarantees that an offender will not re-offend while out on parole, our system allows each offender to be supervised and provided with support to assist with their successful reintegration as lawabiding citizens. In appropriate cases, offenders are released with sufficient supervision and conditions that suit their individual needs and address the issues that led to the criminal behaviour in the first place. Questions for Discussion B. True or False Why do you think parole has become such a hot public issue lately? What rights must be balanced when looking at the issue of parole? In your opinion, what is the most persuasive argument put forward by each side? Why? 1. Almost 80 percent of federal inmates will one day return to mainstream society. T or F 2. Parole reduces the length of an offender s sentence. T or F 3. All offenders are eventually released on parole. T or F 4. Offenders out on parole are free to do whatever they want. T or F 5. Most offenders out on parole commit violent offences while still on parole. T or F 6. Offenders who serve their entire sentence in jail are subject to the same restrictions upon release as offenders on conditional release. T or F Questions for Discussion Activity What are the different misconceptions that surround the issue of parole? Why do you think these ideas are so prevalent? Look through the newspaper and find articles related to the issue of parole. Using the information contained in this section s handout, critique the news coverage.

11 Understanding Parole: A Simulated Parole Hearing Kit Page 7 Legislation In 1992 the Corrections and Conditional Release Act became law. The CCRA sought to address many concerns that previous legislation did not. The Act codifies the principle that the protection of the public is the most important consideration in all decisions relating to the release of inmates. The issue of less serious offenders remaining in prison unnecessarily was addressed by creating an accelerated parole review for first time offenders. This simplified process is not available to persons convicted of violent crimes or some serious drug-related crimes. At the same time, the Act provides tougher measures for offenders that cause the greatest concern to the public where, for example, their crimes involve violence, exploitation of children or drug trafficking. The Parole System Under the Act, victims have the right to information about the offender in their particular case, including where the offender s sentence began and review dates for any conditional release. Additional information may be made available, such as where the offender is serving his or her sentence, dates of any conditional release, conditions attached to the offender s release and the destination of the offender once released. Victims may also provide the Board with victim impact statements that will be considered at the time applications for early conditional release are heard. This Act also sets out the framework for the National Parole Board. The NPB decides parole applications as well as other types of conditional release matters. It does not have authority to deal with young offenders unless they were tried as an adult in an adult court. The Act also sets out the framework for the Correctional Service of Canada. The CSC is responsible for offenders sentenced to two years or more. Supervision of offenders on parole and statutory release is also the responsibility of the CSC. In addition to managing inmates care and custody, the CSC provides programs aimed at returning offenders to the community as law-abiding citizens. These include Living Skills Programming, Substance Abuse Intervention, Family Violence Programs and Literacy Programs. Inmates must attend school or work as part of their correctional plan. Adult Basic Education is offered as well as vocational and trades training.

12 Page 8 Understanding Parole: A Simulated Parole Hearing Kit Crime and Punishment Throughout history the penalties imposed for criminal behaviour have changed as different ideas about crime and punishment developed. One of the oldest ideas behind punishing an offender is retribution or revenge. Quite simply, this notion is based on the belief that persons who commit crimes should suffer because they have caused harm to others. During the twentieth century the concept of rehabilitation evolved. It is based on the belief that addressing problems that lead to criminal behaviour in the first place will help prevent future crimes. For example, if substance abuse or poverty contributed to a person breaking the law, addictions counselling or job training could both help reduce the risk of re-offending and assist in turning the individual into a productive member of society. The Parole System Another reason behind punishing offenders is to discourage people from committing crimes. This notion, often referred to as deterrence, is three-fold. First, the mere threat of punishment is thought to prevent crime. Second, when an offender is actually punished, others see the consequences of breaking the law and may turn away from crime. Third, a person is deterred or prevented from committing another crime as long as they are actually locked up in prison. In Canada, these notions are embodied in the sentencing provisions of the Criminal Code. Sentencing an offender should not only promote respect for the law, but contribute to a just, peaceful and safe society. When a person is convicted of a crime in Canada, the judge chooses a sentence from the range of sentences set by law. Sentences may involve a fine, probation or a period of imprisonment. Imprisonment is the most serious sentence under our law. It deprives a person of his or her freedom. A judge may sentence a person who is convicted of a serious offence, or who is a repeat offender, to jail. Sentences can be for a definite period, that is, a specified number of days, months or years. This type of sentence is called a determinate sentence. Nearly 80 percent of federal inmates are serving determinate sentences (SOURCE: The National Parole Board). Once the term of imprisonment is served the offender will be released. Some sentences do not have a specified end date. Offenders who are sentenced to life or persons who have been declared dangerous offenders receive an indeterminate sentence. They may remain in jail for the rest of their lives.

13 Understanding Parole: A Simulated Parole Hearing Kit Page 9 The concept of parole recognizes that almost every offender will eventually be released to the community, except for offenders serving life sentences who are denied parole and persons declared dangerous offenders who do not ever meet the criteria for release. SOURCE: The National Parole Board: Parole: Contributing to Public Safety Philosophy The Parole System With the above concept in mind, the timing of an offender s return to the community and under what conditions becomes an important consideration. Parole is based on the philosophy that the best way to protect society is to release offenders back into the community gradually under supervision and with conditions. The aim is to contribute to a safer society by helping offenders re-integrate back to society as law-abiding citizens. The word parole comes from the French parole d'honneur meaning word of honour. About Parole There are many misconceptions about parole. Parole does not affect the length of sentence imposed by the court; it does not reduce nor increase the sentence handed down by the sentencing judge. It does affect the manner in which the sentence is served. It is a discretionary type of conditional release that allows a person to serve some of his or her sentence out of prison under supervision. It is discretionary because members of the Parole Board must decide whether to release an offender - parole is not automatic. It is conditional because all offenders released on parole must abide by a standard set of conditions as well as any additional conditions the Parole Board imposes. It is important to remember that when an offender is released on parole, although they are released from prison, their sentence is not over. Conditions imposed on the offender continue to apply for the rest of their court-imposed sentence. Offenders sentenced to life imprisonment and later released on parole will remain on parole for the rest of their life. Not everyone who is eligible for parole is in fact released on parole. The National Parole Board has absolute discretion to either grant or deny parole to eligible offenders on the basis of risk to the community and long-term protection of society. Parole is not final - it can be revoked if the offender fails to honour the conditions imposed on release or if the level of risk they

14 Page 10 Understanding Parole: A Simulated Parole Hearing Kit pose becomes unacceptable. It is important to remember that while most offenders eventually return to the community once they re finished their sentence, not all will be released on parole. Some offenders will be denied parole but still be released before their sentence ends as a result of statutory release, a type of conditional release that will be discussed in more detail in the following section. If offenders serving determinate sentences are not paroled or released on statutory release before The Parole System In , the National Parole Board granted or denied full parole as follows: Granted Denied Male Female Male Female Federal 1, , Provincial SOURCE: Statistics, NPB, 1997 the end of their sentence, they will be released back to the community without any conditions imposed on them at the end of their sentence. When a judge sentences an offender, parole eligibility is a factor that is considered. Judges are aware of the legislation that provides for various forms of conditional release and do not expect that an offender will actually be behind bars for the entire length of the sentence, except in exceptional circumstances. In addition to easing the transition from imprisonment back to society, conditional release...allows for the early identification of offenders who are having difficulty making this transition...if an offender is not making the adjustment - if they are breaching the conditions of parole for instance - they can be returned to prison even if they have not committed another criminal offence (SOURCE: National Parole Board). The alternative [to parole] is to simply release offenders at the end of their sentence, with no supervision, no conditions and no control over where they live (SOURCE: National Parole Board). While on parole, offenders activities are monitored and a parole supervisor who works for Corrections Canada, not the National Parole Board, assists their reintegration into society. The parole supervisor is familiar with the offender s case and meets regularly with the offender to give instruction and connect the offender with appropriate community resources. The supervisor

15 Understanding Parole: A Simulated Parole Hearing Kit Page 11 Statistics for 1996 show that the vast majority of inmates released on full parole - 67 percent - successfully completed their parole. Twenty percent had their parole revoked for technical violations. Fewer than 11 percent reoffended while on parole and, of those inmates, only 2 percent committed violent offences. SOURCE: NPB-OMS also meets with persons associated with the offender to verify information supplied by the offender. Types of Conditional Release The Parole System The National Parole Board decides if a person gets day or full parole. To make this decision, Board members assess the offender s risk to the community. There are other types of conditional release in which the Parole Board is not involved. Some offenders will be denied parole and only released by law on statutory release. Still others will be denied all forms of conditional Temporary absence: A temporary absence is usually the first type of release an offender will be granted. With or without escort, temporary absences may be granted for various reasons, including for work in community service projects, contact with family, personal development, compassionate or medical reasons. The Correctional Service of Canada determines when and if an offender will be granted this type of release. Work Release: A work release allows an inmate to work under supervision in a structured release program. To qualify, an offender must not be considered a risk to the public and must have shown progress in his or her correctional plan. This type of conditional release is not under the authority of the National Parole Board - it is solely at the discretion of the Warden of the institution. Day parole: Day parole allows offenders to participate in communitybased activities to prepare for release on full parole or statutory release. Offenders on day parole must return nightly to an institution or halfway house unless otherwise authorized by the National Parole Board. Full parole: Full parole allows the offender to serve the remainder of the sentence under supervision in the community. The National Parole Board determines this type of conditional release. Statutory release: By law, unless full parole has been granted, most federal inmates must be released with supervision after serving two-thirds of their sentence. Offenders serving life or indeterminate sentences are not eligible for statutory release. This type of release is automatic and not determined by the National Parole Board. SOURCE: National Parole Board

16 Page 12 Understanding Parole: A Simulated Parole Hearing Kit release and remain imprisoned until their sentence ends when they must be released without conditions or supervision. Parole Eligibility The length of an offender s sentence determines parole eligibility dates. It is important to remember that becoming eligible for parole does not mean that an offender will be released; it only means the earliest point in time that an offender can be considered for conditional release. The different types of parole have different eligibility criteria. The Parole System Day Parole: Generally offenders become eligible for day parole six months before their eligibility date for full parole, which is approximately the 1/3 mark of their sentence. In an Accelerated Review case, the offender is eligible at the greater of 1/6 of their sentence or six months (see section entitled Getting Parole in The Parole Process ). In the case of people serving life sentences, the court decides the earliest date at which they may be considered. Day parole is designed to prepare offenders for release on full parole or statutory release. Full Parole: A person s parole eligibility depends on their sentence. Usually a person is eligible for full parole after they have served one-third of their sentence or seven years, whichever is less. For example, a person sentenced to nine years imprisonment is usually eligible for full parole after three years. A person sentenced to 23 years imprisonment will usually be eligible for full parole after seven years because one-third of their sentence is greater than seven years. It is important to note that for some serious violent offences or drug-related offences the sentencing court can set full parole eligibility at one-half of the sentence or ten years, whichever is less. There are also different rules for people sentenced to life imprisonment for murder or those people serving indeterminate sentences. As well, different rules apply if additional sentences are received once the offender is incarcerated.

17 Understanding Parole: A Simulated Parole Hearing Kit Page 13 The following graphs represent an overview of points in a definite sentence where an offender would generally be eligible for conditional release: Graph 1: Two-Year Sentence 0 6 mos.* 6 mos.* 8 mos.* 16 mos.* 2 yrs. sentence unescorted day parole full parole statutory warrant begins temporary eligibility date eligibility release date expiry date absence (UTA) date (PED) (SRD) (WED) escorted and work temporary absence (ETA) any time *1/6 or 6 mos. *6 mos. before *normally 1/3 *2/3 of sentence during of sentence, PED or six or seven years, sentence ends sentence whichever is mos, whichever whichever is later is later less The Parole System Graph 2: Six-Year Sentence 0 1 yr.* 18 mos.* 2 yrs.* 4 yrs.* 6 yrs. sentence unescorted day parole full parole statutory warrant begins temporary eligibility date eligibility release date expiry date absence (UTA) date (PED) (SRD) (WED) escorted and work temporary absence (ETA) any time *1/6 or 6 mos. *6 mos. before *normally 1/3 *2/3 of sentence during of sentence, PED or six or seven years, sentence ends sentence whichever is mos, whichever whichever is later is later less Graph 3: 18-Year Sentence 0 3 yrs.* 5.5 yrs.* 6 yrs.* 12 yrs.* 18 yrs. sentence unescorted day parole full parole statutory warrant begins temporary eligibility date eligibility release date expiry date absence (UTA) date (PED) (SRD) (WED) escorted and work temporary absence (ETA) any time *1/6 or 6 mos. *6 mos. before *normally 1/3 *2/3 of sentence during of sentence, PED or six or seven years, sentence ends sentence whichever is mos, whichever whichever is later is later less SOURCE: Solicitor General Canada, Sentence Calculation: A Handbook for Judges and Lawyers, 1996 at P.16

18 Page 14 Understanding Parole: A Simulated Parole Hearing Kit Lesson Two: Introducing the Hearing I. Foreword The purpose of the lesson is to familiarize participants with the order and formalities of the parole hearing. II. Objective Participants will be able to: recognize the importance of protection of the public in the decisionmaking process demonstrate an understanding of the factors the Board considers generally demonstrate an understanding of the specific factors the Board looks at when making its decision demonstrate a general knowledge of the indicators for recidivism distinguish between statutory release and other forms of conditional release identify standard conditions for release III. Materials The Parole Process IV. Suggested Procedure Use the handout The Parole Process as a basis for an overview of the parole process and the considerations that affect an offender s application for parole. Using the following questions and sample responses as a guide, discuss what types of issues are important to an application for parole: 1. How does parole fit with the notion of protection of the public? a continuation of the rehabilitative process; recognizes that almost all offenders will one day be released; assists in the transition from prison back to society through community supervision, support and continued lifeskills and employment programs. 2. What factors in the offender s past does the National Parole Board consider and why? specific crime and criminal history of offender, any history of substance abuse or violence, past performance on release, family background, employment history and victim impact information. used to help predict future behaviour, identify appropriate release conditions and match appropriate resources to the offender when released.

19 Understanding Parole: A Simulated Parole Hearing Kit Page What kinds of factors help predict whether a particular offender is likely to re-offend? criminal history, statistics, personal circumstances, release plan 4. What points could an offender bring to the Board s attention that would favour release? good behaviour in prison; remorse for past criminal activity; understanding of factors that led to criminal behaviour; participation in prison counselling or treatment programs; employment skills; release plan that addresses issues of concern. 5. How is statutory release different than parole? automatic, not discretionary - no one makes an assessment of risk at the 2/3 point of sentence instead of 1/3 point lifers and other indeterminate sentences not eligible How is it similar? same standard and option conditions can apply upon release can be revoked or prevented under some circumstances 6. When an offender is released before their sentence is over certain conditions are imposed on them. Which of the following conditions are standard? Optional? report to parole supervisor obey the law refrain from possessing any weapons abstain from alcohol stay within certain boundaries stay away from victim report change of address, employment or family status attend counselling or treatment programs advise supervisor of arrest or questioning by the police report to the police as required keep release papers on hand.

20 Page 16 Understanding Parole: A Simulated Parole Hearing Kit Parole Board Members Members of the National Parole Board must make decisions that are often carefully studied by the public and criticized in the media. It is in this setting that they must make attempts to balance several competing factors within the framework set out in the law. The Parole Process The Federal Government appoints National Parole Board members. Applicants must be committed to the purpose of the criminal justice system in general and conditional release in particular. They may come from many different walks of life and together make up a diverse group dedicated to the spirit of the parole process within our criminal justice system. Selection criteria include personal characteristics such as maturity, stability, open-mindedness and compassion. Members must be able to sort through facts and opinions while assessing risk to public safety. They must also be able to identify areas of concern and pinpoint options that address those concerns. They must be able to communicate their decisions and the reasons behind them clearly. They must also be able to provide meaningful feedback to those involved in the process. SOURCE: National Parole Board - Board Members: Selection Criteria Getting Parole Except in Quebec, Ontario and British Columbia, the National Parole Board deals with federal offenders (those who are serving sentences of two years or longer) as well as provincial offenders (those serving terms of less than two years). Quebec, Ontario and B.C. have their own provincial parole Boards. A person serving a sentence of imprisonment of less than two years must apply to the Board for parole. A person serving a sentence of two years or longer does not need to apply. The Board reviews these cases when the parole eligibility date comes up. In most cases the Board holds a hearing with the person to consider whether leaving prison on parole will help him or her to be rehabilitated. In some cases the Board is required to parole offenders who are serving their first federal penitentiary term for a non-violent offence after they have served one-third of their sentence. This is called an accelerated review. This streamlined procedure is available if the offender: (1) is a first-time federal offender; (2) has no history of violence; and (3) is considered unlikely to commit a violent crime.

21 Understanding Parole: A Simulated Parole Hearing Kit Page 17 There are a number of exclusions to the accelerated review provisions, including any offender sentenced to the penitentiary for the first time where the judge has set the ineligibility for parole at ½ of the sentence. The Decision Making Process Protecting the Public The Parole Process The Board s most important consideration is the protection of society. In deciding the issue of release on parole, the Board will determine whether: the offender s release, and chance that he or she will commit another offence before the end of their sentence, presents an undue risk to society; and the release of the offender will contribute to the protection of the community in the long run by helping the offender to return to the community as a law-abiding citizen Initial Considerations A hearing is usually held with the offender at the institution where he or she is being held. Occasionally, the Board will make its decision based on a review of the parole case file. The Board will first review the offender s history and gather information relating to: the offence; the offender s criminal history, including evidence of previous violence; social problems such as substance abuse or family violence; use of weapons; the age of the offender; alcohol and drug abuse and its relationship to offence pattern; mental status, particularly as it relates to the likelihood of future crimes; performance on earlier releases, if applicable; the offender s relationships and employment; psychological or psychiatric reports in some cases; opinions of professionals and others such as aboriginal elders, judges and police; and information from victims. Statistical Risk Assessment Risk assessment is the key component of the parole process. The term recidivism refers to a tendency to return to criminal behaviour. Board members will examine the likelihood that the offender will re-offend. In doing so, they will consider the statistical probability of an offence being committed by a group of offenders with similar characteristics and histories to those of the person under review.

22 Page 18 Understanding Parole: A Simulated Parole Hearing Kit Specific Considerations After the initial assessment, the Board will go on to examine specific factors including: the offender s behaviour in the institution; evidence that the offender has gained insight into their criminal behaviour and management of risk factors; any benefit from programs that the offender has participated in, such as substance abuse counselling, life skills, native spiritual guidance and elder counselling, literacy training, employment, social and cultural programs, and programs that help offenders deal with family violence issues; treatment for any disorder diagnosed by a professional; and the offender s release plan. The Parole Process Statutory Release SOURCE: PAROLE: Contributing to Public Safety p It is important to distinguish between parole and statutory release. While parole is a discretionary type of conditional release whereby Board members assess offenders risk to the community, most federal inmates are entitled to serve the last one-third of their sentence out of prison if full parole has not already been granted. Statutory Release is automatic, not discretionary, with some exceptions. Persons serving life sentences or indeterminate sentences are not eligible for statutory release. The Correctional Service of Canada has the authority to refer some Statutory Release cases to the National Parole Board if there is a concern that the offender, before the end of the sentence, is likely to commit a serious offence causing death or serious harm to another person, a sexual offence involving a child, or a serious drug offence. If the Board decides that this is likely, the Statutory Release will be prevented and the offender will remain in custody. The Board is required to review orders for continued detention annually. If the Board decides an offender is unlikely to commit such crimes, the Board may allow a special one-chance statutory release. The person is released but if he or she breaks the conditions of release and the Board revokes the Statutory Release, they must serve the rest of their sentence in prison. The person cannot get another chance for statutory release.

23 Understanding Parole: A Simulated Parole Hearing Kit Page 19 A person who leaves prison on statutory release must comply with certain conditions. Their release into the community is supervised and they must see a Correctional Service of Canada supervisor regularly until the date the original sentence was scheduled to end. If an offender does not comply with these conditions their statutory release may be suspended or revoked. If statutory release is taken away, the person is not eligible for another statutory release until serving two-thirds of the remaining sentence. Conditions on Release The Parole Process All offenders released on parole or statutory release must abide by a standard set of conditions as well as any additional conditions that the National Parole Board imposes. The standard conditions include: report to the parole supervisor on release and after as required; obey the law; not have any weapons, unless permitted by the parole supervisor; remain in Canada, within certain boundaries set by the parole supervisor; advise the parole supervisor of address on release and any change of residence, employment, or family status immediately; advise parole supervisor if arrested or questioned by the police; report to the police as instructed by parole supervisor; carry the release certificate and identity card provided on release at all times and produce them if requested by any peace or parole officer. Additional conditions may be imposed, such as not contacting the victim or the victim s family or abstaining from alcohol. Additional conditions must be reasonable and necessary to manage any risk posed by the offender and be able to assist with the offender s reintegration.

24 Page 20 Understanding Parole: A Simulated Parole Hearing Kit Lesson Three: Developing Roles and Preparing for the Hearing I. Foreword This lesson requires the participants to take primary responsibility for developing roles with the instructor giving assistance to individual participants or groups of participants. II. Objective Participants will be able to identify relevant information for the hearing research their particular roles and prepare for the hearing III. Materials IV. Procedures A. Review The Law B. Assign Roles Hearing Outline Considerations Checklist for Parole Board Members for Offender and Offender s Assistant Conditions Offender Information Files Using the information in the handout Considerations, review with the factors a Parole Board considers when deciding whether to grant parole. This kit has been designed so that all members of the group can actively participate in the simulated hearing. When there is more than 5 or 6 participants, it is suggested that one group actively participate in the simulated hearing, while the remainder of the group is divided into shadow Boards. Members of the shadow Boards should be seated together in small groups to observe the simulated hearing. Following the hearing each shadow Board should meet privately to discuss the hearing and go through the same decision-making process as the simulated Board. C. Distribute Materials Each participant will receive different materials according to the role being played. Participants should not discuss the matter with one another, with the exception of Parole Board members. All the instructions needed for each role

25 Understanding Parole: A Simulated Parole Hearing Kit Page 21 are included in the handouts to be given to participants playing designated parts. The instructor should read these handouts before distribution to better assist participants in preparing for the hearing. The following is a material distribution chart to assist the instructor in ensuring participants have the correct materials: Role PAROLE BOARD ASSISTANT PAROLE BOARD MEMBERS (including shadow boards) OFFENDER OFFENDER S ASSISTANT Materials Hearing Outline Hearing Script Hearing Outline Considerations Parole Board Member Offender Information Files Checklist Conditions *Hearing Script (shadow boards do not need the hearing script) Hearing Outline Considerations Offender and Offender s Assistant Offender Information File Checklist Conditions Hearing Script Hearing Outline Considerations Offender and Offender s Assistant Offender Information File Checklist Conditions Hearing Script

26 Page 22 Understanding Parole: A Simulated Parole Hearing Kit Although a hearing is a formal interview, it is not a trial or other court appearance. At a hearing several people will participate. These are Parole Board members, the offender and the offender s assistant (a family member, lawyer or other helper), one or two staff members of the Correctional Service of Canada, and a Parole Board staff assistant. Usually two Board members conduct the hearing, although in more serious cases, three members will be present. The Parole Board staff assistant will start the tape-recorder to record the hearing and introduce the participants; make sure that the hearing is fair; and ensure that the offender has received all the information on which the Board will rely. From time to time observers may be present at the hearing. They do not speak or participate in the hearing. Observers may include victims, media, police and members of the public. One Parole Board member will lead the hearing and explain the hearing process and review the facts that are in the offender s file. Hearing Outline The Offender can make comments on the facts as they are presented. The Parole Board members will ask questions about the information available including the offender s plan for release. Correctional Service staff members may report on the offender s behaviour, progress and participation in programs in the institution. The Offender s Assistant will be asked to comment. The Parole Board member who is leading the hearing will then ask all participants and observers to leave the room while they consider their decision. After the Parole Board members come to a decision, the lead member will then invite everyone else to return, state their decision and give reasons. SOURCE: National Parole Board

27 Understanding Parole: A Simulated Parole Hearing Kit Page 23 When deciding whether to release an offender, the Parole Board s primary consideration is the protection of the public. Board members review all available information about an offender when an application for parole is made to assess the offender s risk to society. This information might come from: institutional staff the offender police courts victims family and friends the community psychiatric or psychological assessments Considerations The Board takes two steps in assessing an offender s risk. First, it considers statistics. The Board looks at general chances for success based on studies of offenders with similar backgrounds. Case management officers use this information to get a score for an offender shortly after they enter prison. That score then becomes part of the offender s file. The score is based on such information as: age at admission marital status number of dependants employment status when arrested age at first conviction previous sentences previous escapes previous assaults previous break and enter convictions previous convictions for violent sex offences This scoring will not predict whether an offender will or will not reoffend. It only shows that out of a group of offenders, a certain number will reoffend according to the statistics. The Board uses this score only as an indicator of possible future criminal activity. It should be noted that the score predicts general recidivism, not violent recidivism.

28 Page 24 Understanding Parole: A Simulated Parole Hearing Kit The Board will also look at the individual offender and ask: has the offender benefitted from any treatment for any disorder diagnosed by a professional? has the offender taken part in, and benefitted from, programs that will help him or her return to society and obey the law? what is the offender s understanding of the nature of the crime he or she has committed and its consequences and impact? what is the offender s release plan showing control and support? If the Board Members have concerns about an offender s release, they must attempt to determine whether there are conditions that could be placed on the offender or resources available in the community that would adequately address those concerns. This is because the Board s decision must be the least restrictive consistent with the protection of society. Considerations

29 Understanding Parole: A Simulated Parole Hearing Kit Page 25 Getting ready for the Hearing Think about the role you are playing. How would a Board Member feel? What does it mean to be primarily responsible for the protection of the public? Reading these notes and discussing your duties with other Board members will help you to role play your part. This is a step by step guide to assist you in creating your role and being well prepared for the hearing: Parole Board Member 1. Study the hearing script to become familiar with the hearing process and your part in it. 2. Review the duties of a Board Member. 3. Study and be familiar with the offender s information file. 4. Think about considering all of the relevant information. 5. Formulate some relevant questions to ask the offender. 6. Consider what the public interest means. Duties A. Protecting society s interest: The Parole Board s duty is to protect society. Whether an offender s release would pose an undue risk to society is the most important question the Parole Board must answer. Will the offender break the law again? What factors support your opinion? If you think the offender will break the law again, what type of crime is most likely? Why? Will keeping the offender in jail longer be harmful to society in the long run? Why? The Parole Board uses information from police, judges, corrections supervisors, the offender, and others (victims, psychologists, psychiatrists) to answer these questions. B. Considering all relevant information: The members of the Board that conduct the hearing have to take a serious look at all the information that is relevant to make the best decision. That decision is the one that results in the most effective protection of the public. Members must therefore consider all the information that is in the offender s file, as well as the answers the offender provides to the Board s questions. Does the offender understand the consequences of his or her actions? Does he or she have empathy for the victim? How has the offender participated and benefitted from rehabilitative programs offered? Is there observable,

30 Page 26 Understanding Parole: A Simulated Parole Hearing Kit documented evidence of change as a result of rehabilitative intervention? How has the offender behaved otherwise in prison? C. Making the least restrictive decision consistent with the protection of society: While the members of the Parole Board must make a decision that focuses on the welfare of society, they cannot make a decision that is unnecessarily harsh. They should not decide to keep an offender in prison if it is not necessary, only if it is necessary to the safety of the public. If the offender does not pose a threat to society, conditional release should be granted. Parole Board Member D. Providing offenders with relevant information: The members should make sure that the hearing and the decision are fair and understandable. The members should clearly state the reasons for their decision. Part of this fairness is ensuring that the offender was aware that he or she could have someone, such as a family member, friend or lawyer, to assist him or her through the hearing. Similar to court, offenders must know the case against them. The Board is required to share with the offender all information that will be used to make a decision. This sharing of information must be done in writing. Some information may be provided in summary form only. Normally, the sharing of information is performed by the Correctional Service of Canada and must occur 15 days in advance of the hearing. However, the Board is obligated to ensure that proper sharing has occurred.