Parole Decision-Making: Myths and Realities

Parole does not reduce the sentence imposed by the courts.

Parole only affects the way in which a sentence will be served. It allows offenders to serve their sentences in the community under strict conditions of release and the supervision of a parole officer. If they abide by their conditions of release, they will remain under sentence in the community until their sentence is completed in full, or for life in the case of offenders serving life or indefinite sentences.

By law, federal offenders are normally eligible for full parole after serving one-third of their sentence, or seven years, whichever is less. Different eligibility rules apply for offenders serving life sentences for murder or indeterminate sentences. The fact that offenders are eligible for parole, however, does not mean parole will be granted. The protection of society is the overriding consideration in any release decision.

Parole is not automatically granted when inmates become eligible.

Because an offender is eligible for parole does not mean that it will be granted. In fact, PBC denies full parole to approximately 7 out of 10 offenders at their first parole review date.

The law gives PBC absolute discretion in decisions to grant or deny parole. In arriving at a decision, Board members consider the risk that the offender may present to society if released and determine if, and to what extent, that risk can be managed in the community. The protection of society is the overriding consideration in any release decision.

Statutory release is not the same as parole.

Both statutory release and parole are forms of conditional release that require offenders to conform to conditions of release and CSC supervision. Statutory release, however, is a legal provision that automatically entitles most offenders, who have not been granted parole, to serve the final one-third of their sentence in the community. Offenders serving life and indeterminate sentences are not entitled to statutory release.

Parole, on the other hand, is subject to a discretionary decision by PBC, after a rigorous process of risk and needs assessment with the protection of society as the primary consideration.

In both cases, however, PBC has the power to set special conditions. Failure to abide by these conditions could mean the offender is returned to prison. (See Appendix 1 for Glossary)

Probation and parole are completely different.

Probation is a sentence imposed by a judge, usually instead of, but sometimes in addition to, a term of imprisonment. It allows the person to live in the community under the supervision of a probation officer. Probation is exclusively under the jurisdiction of the provinces and is not used for federal offenders serving sentences of more than two years.

Parole is part of a sentence and may be granted only by a board of parole^{Footnote 1}. It always includes an initial period of imprisonment following which the offender may live in the community for the remainder of the sentence under the supervision of a CSC parole officer and under certain conditions. Failure to abide by these conditions could mean the offender is returned to prison.

Offenders on parole and statutory release are not free to live their lives as they please.

All offenders on parole as well as on statutory release must remain within a specific area determined by their CSC parole supervisor. In other words, they are usually restricted to the area of residence and of work and they must remain in Canada.

They must keep the peace, be of good behaviour and obey the law, report to a CSC parole officer and the police as required, and keep the CSC parole officer informed of changes in residence or employment.

If necessary, PBC may impose special conditions of release such as: to reside in a halfway house; to abstain from alcohol and non-prescribed drugs; to avoid contact with their victims or children unless accompanied by an adult; and, to refrain from associations with people involved in criminal activity.

PBC has the power to revoke the release and order the offender's return to prison.

The first and foremost consideration of the Parole Board of Canada (PBC) in all its decisions is the safety of the public.

PBC is an independent administrative tribunal free from any political or bureaucratic interference or external pressure. Neither the Minister of Public Safety, Democratic Institutions and Intergovernmental Affairs, nor the Commissioner of Corrections, nor the Chairperson of PBC can influence a Board member's vote.

Board members assess each case individually in terms of risk and public safety. The Board's assessment of the risk presented by an offender on parole is based on three major factors:

1. criminal history;
2. institutional behaviour and benefit from programs; and,
3. release plan.

Whether or not offenders express remorse is only one of the many factors that the Board considers in assessing risk.

Of greater importance are whether an offender understands his/her offence(s), the factors that contributed to their criminal behaviour, the progress they are able to demonstrate as a result of their participation in treatment programs, and the soundness of their release plan.

Most offenders released on parole successfully complete their sentences without committing new offences.

In 2013-2014, 99% of federal day parole periods, and 97% of federal full parole periods were successfully completed by offenders without re-offending.

More than 99 percent of parole periods (day and full) were successfully completed without a violent offence.

Evidence clearly shows that a gradual, controlled and supervised release is the most effective way of ensuring public safety.

Research over many years has shown that offenders are more likely to become productive law-abiding citizens when they have been returned to the community through conditional release (parole) than when they stayed in prison until the end of their sentence.

Over the long-term offence (for sentences completed between 1998/99 and 2002/03), offenders released at warrant expiry (end of sentence) were over four times more likely to be readmitted on a new federal sentence than offenders who completed their sentences on full parole.

When looking at the readmission rate for a violent offence, offenders released at warrant expiry (end of sentence) were ten times more likely to return to a federal institution because of a new violent offence than offenders who completed their sentences on full parole.

A life sentence means life. Lifers will never again enjoy total freedom.

Offenders, convicted of first-degree murder, serve life as a minimum sentence with their first parole eligibility set by law at 25 years. For offenders convicted of second-degree murder, the judge may set parole eligibility at a point between 10 and 25 years.

Lifers can only be released from prison if granted parole by the Board. Unlike most inmates who are serving a sentence of fixed length (i.e. 2, 10, or 20 years) lifers are not entitled to statutory release. If granted parole they will remain subject to the conditions of parole and the supervision of a CSC parole officer for the rest of their lives. Parole may be revoked and offenders returned to prison at any time if they violate the conditions of parole or commit a new offence.

Not all lifers will be granted parole. Some may never be released on parole because they continue to represent too great a risk to re-offend.

Parole decisions are not secret.

Members of the public may apply to attend hearings as observers. More than 14,000 people, including victims and journalists, have attended parole hearings in the past five years.

PBC decisions, including reasons for the decisions, are also available to the public through the Board’s Decision Registry. Members of the public can obtain a copy of these decisions on written request. More than 30,000 parole decisions have been provided to the public in the past five years.

Only certain offenders will be detained in prison until the end of their sentences.

Detention means that the offender will not be released on statutory release but will remain in prison.

The Board can order the detention of an offender if there are reasonable grounds to believe that the offender is likely to commit an offence involving death or serious physical or psychological harm, a sexual offence involving a child or a serious drug offence before the sentence ends. However, PBC may only review those cases that have been referred to it by CSC for a detention review.

By law, an offender who is ordered detained is entitled to a yearly review by PBC. The detention order will remain in force until the end of the sentence, unless the Board is satisfied that the offender no longer poses a risk to commit an offence involving death or serious physical or psychological harm, a sexual offence involving a child or a serious drug offence before the end of the sentence.

Victims or their families have a role in the conditional release process.

Victims have a voice at Parole Board hearings. They have the opportunity to present a prepared statement directly to the Board members about the continuing impact of the crime and any concerns they have for their safety or the safety of the community. A victim may also choose to present their statement through an audio or video recording.

PBC policy specifically states that if a release is being contemplated, information from victims must be considered. This includes requests from victims to impose release conditions deemed necessary for their protection.

The CCRA permits PBC and CSC officials to release certain prescribed information about offenders to their victims. Victims may remain in contact with PBC and CSC while the offender is under sentence and provide any additional information they believe should be considered. This information is used in decisions about an offender's institutional placement, programs and release. It may be a critical factor in those decisions where the physical security of the victim may be at risk.

Finally, the CCRA allows victims as well as other members of the public to attend and observe parole hearings and to request copies of the Board's written decisions from its Decision Registry.

Victims who cannot afford the costs of travel to attend parole hearings may apply to the Department of Justice for financial assistance to attend Board hearings of the offender who harmed them. For information and assistance you may call 1-866-544-1007.

Thousands of victims have taken advantage of these provisions since the CCRA came into force. Once established, there is usually continued contact between the victim and staff of both PBC and CSC. This contact has been made easier by providing toll-free telephone access to PBC offices. For questions relating to victim information, call the PBC 1-800 Victims Info line at 1-866-789-INFO (1-866-789-4636).

Board members are not political patronage appointments.

The Government appoints only candidates who have successfully met all the selection and screening requirements of the Parole Board of Canada.

Vacancies are advertised in the Canada Gazette and any interested candidates may apply for the positions. Applicants are first screened against a set of criteria, which includes an assessment of their background and related experience. This may include criminology, law, journalism, law enforcement, education, business and community service. They must have a good understanding of the criminal justice system.

Candidates who meet these initial selection criteria must then undertake a written test and an in-depth interview. A list of qualified candidates is then submitted to the Minister of Public Safety, Democratic Institutions and Intergovernmental Affairs and appointments are made by the Government from this list of qualified individuals. The same selection process is used to select the Chairperson and Executive Vice-Chairperson of the Board.