The Correctional System Lesson 50

The Correctional System “Most people come out of jail eventually. So you have to consider what’s going to be the effect of jail on this person, on the community, when he or she gets out.” - Madam Justice Mary Hogan Fast Fact Women represent 9% of the inmate population in provincial prisons and 4% in federal prisons.

International comparison of incarceration rates,

The Provincial Correctional System People in the provincial correctional system are either awaiting trial or serving sentences of less than 2 years. Types of security in these institutions: Closed Custody reserved for dangerous offenders and escape risks Protective Custody separation of offenders from the rest of the prison population Open Custody less secure facilities for non-violent offenders –Example: a halfway house Approximately 63% of new offenders in correctional institutions test at or below a Grade 8 level in math and reading/writing

Closed-Custody provincial facility in Ontario

Kingston’s Prison for Women

The Federal Correctional System Sentences of more than 2 years imprisonment are served in federal institutions Maximum-security institution –a highly secured correctional facility –for dangerous offenders –guarded by armed correctional officers –secured buildings with high walls and razor-wire fences and bars on all doors and windows Medium-security institutions –fewer physical barriers and not as many guards –inmates allowed more freedom and more contact with other inmates Minimum-security institution – has no external barriers –More employment and educational programs

Paroles and Pardons Parole Release of an inmate, on a promise of good behaviour, into the community before the full sentence is served. Prisoners must be reviewed for parole after 1/3 of the full sentence has been served, or after 7 years, whichever is less –Exception: 1 st degree murder Review doesn’t always result in parole

Conditional Release Conditional release Serving part of the sentence in the community under supervision Escorted absences Can be granted at any time Duration 5-15 days To participate in rehabilitation programs, obtain medical treatment, or attend significant family events Unescorted temporary absence Brief release from custody for community service or personal reasons Work release Conditional absence from custody to perform paid or voluntary work under supervision Day parole Conditional absence from custody during the day only Low risk offenders may apply for this after serving 1/6 th of their sentence Required to return to institution or halfway house each night Full parole conditional release from custody after serving 1/3 of a sentence Statutory release Release, by law, after serving two-thirds of a sentence The law does not apply to offenders serving life or indeterminate sentences

MURDER Offenders convicted of 1 st degree murder eligible for full parole after serving 25 years of their sentence Offenders convicted of 2 nd degree murder Eligibility after serving between 10 and 25 years The period is determined by the trial judge and is specified at sentencing

Pardons Pardon The setting aside of a person’s record of conviction Some foreign governments may not recognize a pardon, nor will a pardon guarantee entry or visa privileges to another country A pardon does not erase the fact that a person was convicted of an offence Who can apply for a pardon 1) An offender convicted of a summary offence –Three years after completing his/her sentence 2) An offender convicted of an indictable offence –Five years after completing his/her sentence The offender must demonstrate that he/she is now a law-abiding citizen A pardon automatically has no effect if a person is later convicted of an indictable offence The National Parole Board can also rescind a pardon for any of the following reasons: A conviction for a summary offence Unacceptable conduct False information at the time of application Royal Prerogative of Mercy A release or sentence reduction granted by the Queen under the authority of an Act of Parliament

Eligibility for different types of conditional release or parole