From Arrest to Parole BC Collaborates to Stop Sexual & Domestic Violence December 9, 2015 Presenters: Carolyn Sinclair, Maureen Parsley, Tara George, Patrick.

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Presentation transcript:

From Arrest to Parole BC Collaborates to Stop Sexual & Domestic Violence December 9, 2015 Presenters: Carolyn Sinclair, Maureen Parsley, Tara George, Patrick Storey

OBJECTIVES: Provide and overview of services Increase awareness Encourage referrals Support victim participation in justice system Highlight the importance of contiguous information services Provide answers to your questions

THE CRIMINAL JUSTICE PROCESS

Roles of Each Agency Police Victim Services – Provincial Provides front line crises response, support and information to victims of crime. Provides information about support and community resources to those who have been impacted by trauma Victim Safety Unit (VSU) - Provincial: Provides information to victims of crime and civil protected parties who have significant safety concerns about the status of an adult accused/ /offender being supervised by BC Corrections, both in the community (on bail or probation) and in custody. Victim Services Unit - Federal: Provides victims of crime with information about the movement/status of federal offenders who are in the care of the Correctional Service of Canada, or provincial offenders on federal parole. Parole Board of Canada (PBC) - Federal: Provides information about parole decisions for federal and provincial offenders.

Our System Can be Confusing

LEGEND VSUVictim Safety UnitProvincial Government VS-CSCVictim Services - Correctional Service Canada Federal Government PBC VSW Parole Board of Canada Police Victims Service Worker Federal Government Police Agency

Scenario: The Case of David David is the father of victim killed in an “impaired driving causing death” offence. He has connected with his local victim service worker, who will provide information, support and referral throughout the criminal justice process. Police recommended that charges be laid and Crown has approved the charge. The accused has been held in police custody. He has had his first court appearance and has been remanded into provincial jail. Together the Victim Service Worker and David call the Victim Safety Unit to register David for victim notification.

David Criminal Justice Event AgencyInformation Provided Accused is Admitted to North Fraser Pre-trial Centre VSU Admission to Jail Name and Location of Jail Next Court Appearance(s) VSU VSW Court Results Next Court Date Accused is Transferred from North Fraser Pretrial Center to Fraser Regional Correctional Centre and Back Again Two Weeks Later VSU Each Transfer Date Name and Locations of Jails

David Criminal Justice Event AgencyInformation Provided Trial – Offender found guilty and sentenced to three years VSU VSW VSU advises VS-CSC and/or PBC Court Results Offender Transferred from North Fraser Pretrial Center to Federal Jurisdiction VSU Transfer from NFPC to Federal Jurisdiction

David Criminal Justice Event AgencyInformation Provided Arrival at Regional Reception Assessment Center VS-CSC Registration Information Notification Preferences Availability of Victim Offender Mediation Services Protection 24 hour Notification Wanted or Unwanted Contact Participation Ability to Submit Victim Statements at Any Time Remedy Formal Complaint Process

David Criminal Justice Event AgencyInformation Provided Arrival in Federal Custody PBC Registration Information Eligibility Dates Can Observe at a Hearing May Request Copies of Decisions Participation Ability to Submit Additional Risk Information to Decision Makers at Anytime

David Criminal Justice Event AgencyInformation Provided Initial PlacementVS-CSC Name and Location of Penitentiary (e.g. Medium Security) Program Participation and Disciplinary Convictions Summary (April Correctional Plan Summary) Offender Released on Escorted Temporary Absence to Attend Court /Medical Emergency VS-CSC Purpose Date Destination Conditions of Release

David Criminal Justice Event AgencyInformation Provided Institutional TransferVS-CSC Institution Location Purpose of Transfer Minimum Security in advance / max-medium on the day of transfer or as soon as possible Offender applies for Escorted Temporary Absences (ETAs) VS-CSC Scheduled Review Date, Purpose, Destination Share limits of confidentiality Obtain consent to share information for CSC case preparation – verbal/written submissions

David Criminal Justice Event AgencyInformation Provided CSC Warden’s Decision on ETA VS-CSC Decision to grant or deny the ETA request. Offender Released on Escorted Temporary Absences VS-CSC Purpose Dates Destination Conditions of Release Offender applies for Unescorted Temporary Absence/Day/Full Parole VS-CSC Scheduled Review Date, Purpose, Destination Share limits of confidentiality Obtain consent to share information for CSC case preparation – verbal/written submissions

David Criminal Justice Event AgencyInformation Provided Application for Day and Full Parole PBC Date of Scheduled Hearing Can Observe Hearing and Bring Support Person Can Present Written/Oral Statement Parole Board Hearing Scheduled PBC Date of Hearing Discuss Observing Hearing Discuss Presenting a Written/Oral Statement

David Criminal Justice Event AgencyInformation Provided Parole Board Decision – e.g. Day Parole Granted/Full Parole Denied PBC PBC Staff Member Present Observe Hearing Present Written/Oral Statement Receive Copy of PBC Decision Upon Written Request Offender Released on Day Parole VS-CSC Actual Date of Release Parole Supervision Area Purpose and Conditions of Release During Release Offender Moves from Vancouver to Burnaby VS-CSC Actual Date of Move and New Parole Supervision Area

David Criminal Justice Event AgencyInformation Provided Parole Board Hearing Scheduled – Full Parole PBC Date of Scheduled Hearing Discuss Observing hearing Discuss Presenting a Written/Oral Statement Parole Board Decision –Full Parole Denied/ Day Parole Continued/ Statutory Release Conditions PBC PBC Staff Member Present Observe hearing Present Written/Oral Statement Receive Copy of PBC Decision upon Written Request Offender Continues on Day Parole with change in destination. VS-CSC Change in Destination

David Criminal Justice Event AgencyInformation Provided Offender Reaches Statutory Release Date VS- CSC/PBC Actual Date of Release Parole Supervision Area Conditions of Release General Information on Statutory Release Offender Permitted to Travel to Ontario for One Week VS-CSC Actual Date of Departure and Return Purpose, Destination, Conditions Offender Reaches Warrant Expiry Date VS-CSC Date of Warrant Expiry Reactivation if offender returns to federal custody in the future Contact information for VSU

High Risk Offender Management Criminal Justice Event AgencyInformation Provided High Risk Offender Reaches Warrant Expiry Date VSU Date of Release Community Corrections Supervision Area Conditions of Supervision General Information on Section 810 Process Name and Contact Information for Supervisor General Information on Breaches of Conditions

High Risk Offender Management Criminal Justice Event AgencyInformation Provided High Risk Offender Reaches Warrant Expiry Date VSU Date of Release Community Corrections Supervision Area Conditions of Supervision General Information on Section 810 Process Name and Contact Information for Supervisor General Information on Breaches of Conditions

Appeals (Indictable Offences) Criminal Justice Event AgencyInformation Provided Offender Appeals Sentence and / or Conviction VSU  Reasons for Appeal  General Information on Process  Bail Conditions  Hearing Dates  Outcome

Making the Continuum Work  Importance of Communications  Joint Training  Joint Outreach  Protocols / Streamlining  Mutual Understanding  Problem Solving Process  Stakeholder Engagement

Who Is Walking With You? Arrest VSW Charges Laid VSW VSU BC Corrections Bail VSU Court Updates VSW VSU Breach Admit to Provincial Jail VSU Released from Jail VSU (after hours VictimLINK) VSW Accused Moves to New Community VSU Accused Sentenced to Provincial Jail + Probation VSU VSW Admited to Jail VSU Parole Application VSU PBC Parole Application VSU PBC Parole Granted PBC

Who Is Walking With You? Offender Reports To Parole CSC VS Parole Suspension Not in Custody CSC VS (after hours Duty Officer) Offender Apprehended CSC VS Offender re-admitted to Provincial Custody VSU Suspension Hearing Suspension Cancelled PBC Offender Released from Provincial Jail VSU Offender Reports to Parole Officer CSC VS Offender Travel Outside Parole Area CSC VS Sentence End Date CSC VS Offender Reports to Probation Officer VSU Offender Completes Probation VSU

EVENTS & COMMUNICATION OPPORTUNITIES CJS PARTNERS INVOLVED Incident OccursNone ↓↓ Police are CalledPolice ↓↓ Complaint is RecordedPolice, Police Victim Services ↓↓ Investigation OccursPolice, Police Victim Services/Community Victim Services 11 Dependant on type of event and protocols ↓↓ Charges are RecommendedCrown, Police, Victim Services ↓↓ Charges are ApprovedCourts, Crown, Police, Victim Services ↓↓ Accused is Arrested/Issued ProcessBC Corrections Jail 2 /Community Corrections, Courts, Crown, Police, Victim Services, Victim Safety Unit (VSU) 2 Victim Notifier becomes involved with "K" files ↓↓ Accused Appears in CourtBC Corrections Jail/Community Corrections, Courts, Crown, Police, Victim Services, Victim Safety Unit ↓↓ Accused is Found Guilty/Pleads Guilty and Receives a 2 Year Sentence with 2 Years Probation Corrections Service Canada (CSC), BC Corrections Jail, Courts, Crown, Police, Victim Services, VSU, CSC Victim Services 3 3 VSU facilitates registration with CSC Victim Services ↓↓ Offender Apppeals SentenceCrown Criminal Appeals/Crown 4, CSC, Court of Appeal/Courts, Police, Victim Services, VSU, CSC Victim Services 4 Criminal Appeals has conduct of indictable appeals, summary conviction appeals remain with lower court Crown ↓↓ Sentence Reduced on Appeal to Less Than 2 Years and 2 Years Probation BC Corrections, Victim Services, VSU, CSC Victim Services ↓↓ Offender Applies for and is Granted ParoleParole Board Canada (PBC) 5, CSC Parole Office, Victim Services, VSU, CSC Victim Services 5 Parole Board of Canada Regional Communication Officers are involved and CSC Victim Services remain involved ↓↓ Sentence Ends and Probation BeginsBC Community Corrections, Victim Services, VSU *Depending on circumstances, there may be concurrent Family Court, MCFD or SDSI involvement throughout ↓↓ Probation EndsVictim Services, VSU ** Both may remain involved for some time depending on service provision parameters and civil protection orders

Let’s Move on to Questions Your questions will be recorded on the flip chart and we will forward a written copy of responses to you

Questions Q. I have access to the information my client needs, why should I have them register with the VSU? A. To receive changes in custody status, bail and probation, parole applications, appeals, release dates, order end dates; to simplify registration with CSC VS/PBC Q. Can I register with the VSU by telephone? A. Yes. The victim’s signature will be needed. It is helpful if you obtain the signature and forward it at the earliest opportunity but registration does not have to be delayed until the signature can be obtained. Q. Can I be the contact for the victim? A. Yes. The VSU can notify both you and the victim in some circumstances and we will work with you to determine what is appropriate. For CSC VS/PBC, only you will receive notifications so you should consider if this is appropriate for after-hours/urgent notifications.

Questions Q. What happens when I close my file; can the victim still be registered? A. Yes, as long as there is information to provide to them. Q. How long can a victim stay registered? A. For the VSU, if court has not concluded, or if there are orders still in effect (including family protection orders), the victim can stay registered until all orders end. If the victim continues to have high safety concerns, they may remain registered for up to 1 year under FOIPPA. Q. What does a life sentence really mean? A. It means that the offender will be monitored by CSC until his death. It does not mean that he will remain in a correctional facility for his life. The offender may receive parole and be supervised in the community. If the offender violates his parole, he may be returned to a correctional centre temporarily or for the remainder of his life. Q. Is it important for the victim to provide updated impact information after the trial and sentence? A. It is an opportunity for the victim to provide information about the current and ongoing impacts of the offence on them (positive or negative) and an opportunity to provide information to relevant risk related information for consideration by appropriate parties..

Questions Q. How can victims access funding for travel? A. The Victim Travel Fund can provide funding for qualified applicants to attend criminal justice proceedings such as trials or sentencing. There are criteria for qualification and there is a maximum funding of $3,000. Q. What about funding for victim service workers? A. In some circumstances funding may be available for VSWs, however, the funding maximum is still $3,000.