Bill C-620: An Act to amend the Corrections and Conditional Release Act (parole review and victim impact statement)

C-620 Third Session, Fortieth Parliament, 59-60 Elizabeth II, 2010-2011 HOUSE OF COMMONS OF CANADA BILL C-620 An Act to amend the Corrections and Conditional Release Act (parole review and victim impact statement) first reading, February 10, 2011 Mr. Sweet 403201 SUMMARY This enactment amends the Corrections and Conditional Release Act in order to increase the period within which the National Parole Board must provide a further review of parole and statutory release in the case of offenders serving a sentence for an offence involving violence. This enactment also amends the Act to permit the victim of an offence to present a victim impact statement at a parole review hearing. Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca .vis1 {position: absolute;display:block;} .vis2 {position: static;} 3rd Session, 40th Parliament, 59-60 Elizabeth II, 2010-2011 house of commons of canada BILL C-620 An Act to amend the Corrections and Conditional Release Act (parole review and victim impact statement) Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Fairness for Victims of Violent Offenders Act. 1992, c. 20 CORRECTIONS AND CONDITIONAL RELEASE ACT 2. Section 123 of the Corrections and Conditional Release Act is amended by adding the following after subsection (5): Further review — violent offenders (5.1) Notwithstanding subsection (5), if the Board decides not to grant parole to an offender who is serving a sentence for an offence involving violence following a review under subsection (1) or section 122 or if a review is not made by virtue of subsection (2), the Board shall conduct another review within four years after the later of the day on which the review took place or was scheduled to take place and thereafter within four years after that day until (a) the offender is released on full parole or on statutory release; (b) the offender's sentence expires; or (c) less than four months remain to be served before the offender’s statutory release date. Further review — Board terminates or cancels parole (5.2) If the Board cancels or terminates parole for an offender who is serving a sentence for an offence involving violence, it shall conduct another review within four years after the cancellation or termination and, after that date, within four years after the day on which each preceding review takes place until (a) the offender is released on full parole or on statutory release; (b) the offender’s sentence expires; or (c) less than four months remain to be served before the offender’s statutory release date. Report by the Board (5.3) If the Board decides, pursuant to subsection (5.1), not to grant parole to the offender serving a sentence for an offence involving violence, it shall report its refusal and its reasons to the offender. Definition of “offence involving violence” (5.4) In subsections (5.1) to (5.3), “offence involving violence” means murder or any offence set out in Schedule I. 3. Section 131 of the Act is amended by adding the following after subsection (1): Review of orders for certain offences (1.1) Despite subsection (1), where, in the case of an offence set out in Schedule I, the commission of the offence caused the death of or serious harm to another person, the Board shall review every order made under subsection 130(3) within two years after the date the order was made, and thereafter within two years after the date of each preceding review while the offender remains subject to the order. 4. Section 140 of the Act is amended by adding the following after subsection (9): Presentation of statements (10) If they are attending a hearing as an observer, (a) a victim may present a statement describing the harm done to them or loss suffered by them as a result of the commission of the offence and the continuing impact of the commission of the offence — including any safety concerns — and commenting on the possible release of the offender; and (b) a person referred to in subsection 142(3) may present a statement describing the harm done to them or loss suffered by them as a result, and the continuing impact, of any act of the offender in respect of which a complaint was made to the police or Crown attorney or an information laid under the Criminal Code — including any safety concerns — and commenting on the possible release of the offender. Board’s duty to review statement (10.1) The Board shall, in its review of whether an offender should be released, consider any statement that has been presented in accordance with paragraph (10)(a) or (b). Presentation of statement in absence of person (11) If a victim or a person referred to in subsection 142(3) is not attending a hearing, their statement may be presented at the hearing in the form of a written statement, which may be accompanied by an audio or video recording, or in any other form provided for by regulation. Communication of statement in writing (12) A victim or a person referred to in subsection 142(3) shall, before the hearing, deliver to the Board a transcript of the statement that they plan to present under subsection (10) or (11). 5. Paragraph 142(1)(b) of the Act is amended by striking out “and” at the end of subparagraph (vii), by adding “and” at the end of subparagraph (viii) and by adding the following after subparagraph (viii): (ix) any other information obtained by the Board that is to be considered in the review of the case of the offender and that the victim requests. TRANSITIONAL PROVISIONS Non-retroactive application 6. Subsections 123(5.1) to (5.4) of the Corrections and Conditional Release Act, as enacted by section 2 of this Act, apply only to offenders who are sentenced for an offence involving violence on or after the day on which this Act comes into force. Application 7. Subsection 131(1.1) of the Corrections and Conditional Release Act, as enacted by section 3 of this Act, applies only to offenders who are sentenced for an offence causing death or serious harm to another person on or after the day on which this Act comes into force. COORDINATING AMENDMENTS C-39 8. (1) Subsections (2) to (10) apply if Bill C-39, introduced in the 3rd session of the 40th Parliament and entitled An Act to amend the Corrections and Conditional Release Act and to make consequential amendments to other Acts (in this section referred to as the “other Act”), receives royal assent. (2) If section 2 of this Act comes into force before subsection 28(2) of the other Act, then the day on which that subsection 28(2) comes into force, subsection 123(5.1) of the Corrections and Conditional Release Act, as enacted by that subsection 28(2), is replaced by the following: Further review — violent offenders (5.1) Notwithstanding subsection (5), if the Board decides not to grant parole to an offender who is serving a sentence for an offence involving violence following a review under subsection (1) or section 122 or if a review is not made by virtue of subsection (2), the Board shall conduct another review within four years after the later of the day on which the review took place or was scheduled to take place and thereafter within four years after that day until (a) the offender is released on full parole or on statutory release; (b) the offender’s sentence expires; or (c) less than four months remain to be served before the offender’s statutory release date. Further review — Board terminates or cancels parole (5.2) If the Board cancels or terminates parole for an offender who is serving a sentence for an offence involving violence, it shall conduct another review within four years after the cancellation or termination and, after that date, within four years after the day on which each preceding review takes place until (a) the offender is released on full parole or on statutory release; (b) the offender’s sentence expires; or (c) less than four months remain to be served before the offender’s statutory release date. Report by the Board (5.3) If the Board decides, pursuant to subsection (5.1), not to grant parole to the offender serving a sentence for an offence involving violence, it shall report its refusal and its reasons to the offender. Definition of “offence involving violence” (5.4) In subsections (5.1) to (5.3), “offence involving violence” means murder or any offence set out in Schedule I. (3) If subsection 28(2) of the other Act comes into force before section 2 of this Act, then on the day on which that section 2 comes into force, subsection 123(5.1) of the Corrections and Conditional Release Act is replaced by the following: Further review — violent offenders (5.1) Notwithstanding subsection (5), if the Board decides not to grant parole to an offender who is serving a sentence for an offence involving violence following a review under subsection (1) or section 122 or if a review is not made by virtue of subsection (2), the Board shall conduct another review within four years after the later of the day on which the review took place or was scheduled to take place and thereafter within four years after that day until (a) the offender is released on full parole or on statutory release; (b) the offender’s sentence expires; or (c) less than four months remain to be served before the offender’s statutory release date. Further review — Board terminates or cancels parole (5.2) If the Board cancels or terminates parole for an offender who is serving a sentence for an offence involving violence, it shall conduct another review within four years after the cancellation or termination and, after that date, within four years after the day on which each preceding review takes place until (a) the offender is released on full parole or on statutory release; (b) the offender’s sentence expires; or (c) less than four months remain to be served before the offender’s statutory release date. Report by the Board (5.3) If the Board decides, pursuant to subsection (5.1), not to grant parole to the offender serving a sentence for an offence involving violence, it shall report its refusal and its reasons to the offender. Definition of “offence involving violence” (5.4) In subsections (5.1) to (5.3), “offence involving violence” means murder or any offence set out in Schedule I. (4) If subsection 28(2) of the other Act comes into force on the same day as section 2 of this Act, then that subsection 28(2) is deemed to have come into force before that section 2, and subsection (3) applies as a consequence. (5) If section 4 of this Act comes into force before subsection 46(2) of the other Act, then on the day on which that subsection 46(2) comes into force, subsection 140(11) of the Corrections and Conditional Release Act, as enacted by that subsection 46(2), is replaced by the following: Board’s duty to review statement (10.1) The Board shall, in its review of whether an offender should be released, consider any statement that has been presented in accordance with paragraph (10)(a) or (b). Presentation of statement in absence of person (11) If a victim or a person referred to in subsection 142(3) is not attending a hearing, their statement may be presented at the hearing in the form of a written statement, which may be accompanied by an audio or video recording, or in any other form provided for by regulation. (6) If subsection 46(2) of the other Act comes into force before section 4 of this Act, then on the day on which that section 4 comes into force, subsection 140(11) of the Corrections and Conditional Release Act is replaced by the following: Board’s duty to review statement (10.1) The Board shall, in its review of whether an offender should be released, consider any statement that has been presented in accordance with paragraph (10)(a) or (b). Presentation of statement in absence of person (11) If a victim or a person referred to in subsection 142(3) is not attending a hearing, their statement may be presented at the hearing in the form of a written statement, which may be accompanied by an audio or video recording, or in any other form provided for by regulation. (7) If subsection 46(2) of the other Act comes into force on the same day as section 4 of this Act, then that subsection 46(2) is deemed to have come into force before that section 4, and subsection (6) applies as a consequence. (8) If section 5 of this Act comes into force before section 48 of the other Act, then on the day on which that section 5 comes into force, section 48 of the other Act is replaced by the following: 48. Paragraph 142(1)(b) of the Act is amended by striking out “and” at the end of subparagraph (viii) and by replacing subparagraph (ix) by the following: (ix) the reason for a waiver of the right to a hearing under subsection 140(1) if the offender gives one, and (x) any other information obtained by the Board that is to be considered in the review of the case of the offender and that the victim requests. (9) If section 48 of the other Act comes into force before section 5 of this Act, then on the day on which that section 5 comes into force, paragraph 142(1)(b) of the Corrections and Conditional Release Act is amended by striking out “and” at the end of subparagraph (viii), by adding “and” at the end of subparagraph (ix) and by adding the following after subparagraph (ix): (x) any other information obtained by the Board that is to be considered in the review of the case of the offender and that the victim requests. (10) If section 48 of the other Act comes into force on the same day as section 5 of this Act, then that section 48 is deemed to have come into force before that section 5, and subsection (9) applies as a consequence. Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada